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2                                       COMPLICATED: A to Z of Women’s Modern Fiqh


                                    Table of Contents
3- Introduction
5- Chapter One: Rulings Related to Female Newborns and Children
    A.   Virtues of Having Daughters
    B.   Naming the Child
    C.   The ‘Aqīqah
    D.   The Shaving of the Hair
    E.   The Urine of the Female Infant
    F.   Circumcision
    G.   Photography, Paintings, and Sculptures
    H.   Chijdpel’q Tmwq
    I.   Sleeping Arrangements
    J.   Clothing
    K.   Signs of Puberty
22- Chapter Two: Rulings Related to Worship which are Specific to
Women
    A. Rulings related to ah rah,      ’, and Ghusl
    B. Rules Relating to Ḥayḍ (menstruation),       ḍah (bleeding outside of menstruation),
          and     s (post-partum bleeding)
    C. Rulings related to h n, q mah, a h, and Dhikr
    D. The Rulings Related to a ’ z (Funerals) and a -Ḥ d (Mourning)
    E. The Rulings Regarding a h, adaqah, awm, and Ḥajj
67- Chapter Three: The Rulings Related to Clothing and Beautification
    A. General Guidelines Regarding Clothing and Beautification
    B. Rsjilgq Regapdilg Wmkel’q Cjmrhilg
    C. Beautification
81- Chapter Four: Rulings Related to Social Interaction
    A.   Important Qualities of the Muslim Woman
    B.   Rulings Regarding the Dealings of Women with Non-Relative Males
    C.   Rulings Regarding the Dealings of a Woman with her Family
    D.   The Ruling Regarding the Muslim Woman with her Friends
97- Chapter Five: Rulings Related to the Role of Women in Society
    A.   The Ruling Regarding Leaving the Home
    B.   Education of Women
    C.   Wmkel’q Papricinariml il Da‘wah
    D.   Wmkel’q Papricinariml il rhe Wmpifmpce
    E.   Wmkel’q Papricinariml il Pmjiricq
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Introduction
    -   In the final days of his battle against Al’Hajjaj, Abdullah b. Al’Zubayr came to Asm ’ bint
        Abi Bakr to seek advice. She told him to continue on his path if he thought he was in
        the right. After he left, she said: “Whatever, O All h, You decree for my son, I am
        pleased with it!”
    -   Al’Khans ’ lived before the Prophet declared his message. She lost her brother in one of
        the battles pre-Islam and, in her grief, she said poetry after poetry - thousands of lines -
        for her brother, and she would go in the streets reciting them, crying and tearing at her
        clothes. This same woman, during the battle of Al’Qadisiya, she had 4 sons, and they
        were all in the battle, and she was there with her sons. She gathered them before the
        battle and said: My sons, you’re all from one man. You all belong to whom you carry his
        name…I want you all to know that you have 2 options: gain victory, or die before you
        give up. Don’t ever turn your back and be defeated.
             o She lost her 4 sons in the battlefield, and all she said was: Alhamdulillah who
                 honored me to be the mother of 4 shuhadah.
                      This religion made women to be very different from what humanity
                         knew at that time.
    -   Umm ‘Ik rah, Nas bah bint Ka’b (raḍyAllāhu ‘anha): the Prophet (ṣallallāhu ‘alayhi wa
        sallam) told us her story. In a time when the Prophet (ṣallallāhu ‘alayhi wa sallam) could
        not find anyone to protect him – the Battle of Uhud – amongst the 2-3 people
        protecting him was Umm ‘Ik rah. The Prophet (ṣallallāhu ‘alayhi wa sallam) said: Every
        time I looked to the left or to the right or behind me or in front of me, I saw this
        woman. She put every part of her body in front of mine to protect me!
             o She said: a horseman was coming with full force to attack the prophet. I put my
                 body in front of the Prophet (ṣallallāhu ‘alayhi wa sallam) and he hit my shoulder.
                 The wound was so strong it kept bleeding for a whole year after that. When the
                 Prophet (ṣallallāhu ‘alayhi wa sallam) saw that, he prayed: Oh All h! Make this
                 woman and her 2 sons my company in Jannah.
             o She said: The man insisted on coming back, so I took a spear and hit his horse
                 and when his horse fell, I came, hit him, and sent him straight to hell!
                      In a time of comfort, everyone looks perfect. Your value will be
                         determined in the time of confusion and turmoil, and challenge.
             o Later, one of Umm ‘Ik rah’s (raḍyAllāhu ‘anha) sons were captured by
                 Musaylimah Al’Khath b, during the time of Abu Bakr (raḍyAllāhu ‘anhu). She
                 said, my commitment to this religion did not die with the Prophet. She shook
                 the doors of the castle of Al-Khath b to defeat him. He injured her, and she lost
                 her hand trying to fight him. She didn’t die there; she returned and died in her
                 bed in Mad nah. Abu Bakr and ‘Umar (raḍyAllāhu ‘anhuma) visited her and
                 congratulated her on her commitment to this d n; that she may have lost one of
                 her limbs now, but it is just waiting for her in Paradise.
    -   The Muslim woman has never, throughout the history of Islam, taken a second class
        citizen’s role. They were there with the An r when they came to offer the prophet
        (ṣallallāhu ‘alayhi wa sallam) protection. They are not meant to be role models only to
        sisters but also to brothers; all believers as All h says in the Qur‘ n:
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And All h presents an example of those who believed: the wife of Pharaoh, when she said, “My
 Lord, build for me near You a house in Paradise and save me from Pharaoh and his deeds and
                             save me from the wrongdoing people.”
                                          (Al’Tahr m: 11)
            o She is part of the society. She is a nation builder, just like men.
   - One of the scholars of the time of Im m M lik was Hafsa bint Sir n, the sister of
       Mu ammad b. Sir n.
   - Aisha (raḍyAllāhu ‘anha) was 18 years old when the Prophet passed away. Anytime the
       companions had a conflict in understanding, they would ask her, and they would find
       their answer in her knowledge.
   - A Muslim woman is always an example when it comes to her ‘ib dah and her
       relationship with All h. Al’ asan Al’Basri was the famous worshiper. When asked about
       his role model, he said: “Mun bah.” He used to visit her, and even her daughter was
       righteous. When he was told her daughter was about to die, and he saw this young girl
       about to die, he was moved. She said to him: Uncle, I see my youth coming to an end
       and I have not yet fulfilled my desire of worshiping All h.
   - The woman who doesn’t know much of the Qur‘ n; the woman who her main concern
       is the recent fashion and what the latest music is; she doesn’t know what modesty is –
       how can she produce Abu Bakr and Khalid b. Wal d and Hafsa bint Sir n and Ibn
       Taymiyyah! The first step toward that direction is to know your d n. Worship All h
       based on His n r and hud , and don’t let anyone manipulate and control you. The only
       thing that controls us is the d n of All h! This issue of women’s fiqh is a part of Islam.
   - Im m A mad: I spent 9 years of my life studying al’ ayḍ. After that, I could tell you I
       mastered the chapter.
            o If he had to study so long to master one topic, this must definitely be a
               complicated issue!
   - The Muslim scholars, especially the classical scholars, are so much more liberal in their
       views toward women than we are today. The scholars today are way more balanced in
       their opinions about women than the students of knowledge, young scholars, and
       laypeople.
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Chapter One: Rulings Related to Female Newborns and Children
    A. Virtues of Having Daughters




To All h belongs the dominion of the heavens and the earth; He creates what He wills. He gives
           to whom He wills female [children], and He gives to whom He wills males.
                                          (Al’Shu‘ar : 49)
   - You should not be upset at whatever All h gives you. You don’t know where the khayr
       will come from.
   - ‘ ’ishah reports that the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said, “Whoever
       was given any female children and took good care of them, they will be a shield for him
       from the Hellfire” (Al’Bukh ri and Muslim).
           o This is only for the female child. Any number of them.
   - J bir reports that the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said, “Whoever has
       three girls, takes good care of them and is merciful with them, he deserves nothing less
       than Jannah.” They asked, “Oh, Messenger of All h, what if they are two?” He replied,
       “Even if they are two.” Some narrators added that if the Prophet had been asked about
       one, he would have also affirmed that (Al’H kim’s Mustadrak).
           o 1. Take good care of them; 2. Have mercy on them.
   - Why did the Prophet (ṣallallāhu ‘alayhi wa sallam) start with 3?
           o Because people may get frustrated seeing girl after girl, and no boy coming. But
               the more, the thicker your shield is from the hellfire if you are patient with
               them.
           o In the Sunan, there is an authentic narration that the Prophet also included 1
               himself.
   - In another narration, “(If one has) three or two daughters or sisters, then he is
       conscious of All h in his care for them and treats them well, but that he will enter
       Jannah” (Al’Tirmidhi)
           o Even sisters, whom he has to raise and take care of.
   - The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Whoever takes care of two young girls
       until they reach maturity, he will come on the Day of Resurrection with me, like this,”
       and he joined his fingers together (Muslim).
           o Women were tougher to raise.
    -   The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Whoever has a female child and he does
        not kill her, disrespect her, and he does not favor his son over her, then All h will enter
        him into Jannah” (Abu D w d).
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     And when one of them is informed of [the birth of] a female, his face becomes dark, and he
     suppresses grief. He hides himself from the people because of the ill of which he has been
    informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is
                                           what they decide.
                                            (Al’Nahl:58-59)
              o It was not a common practice otherwise the Arab race would have vanished
                  long ago; it was only done in certain circumstances.
              o It could also mean bury her talents, and her soul; to suffocate her and abuse her.
     -    Girls are blessings and sons are tests .


         Whenever al’Im m A mad’s son used to give him the news of getting a baby girl, he
                        would say, “The prophets were fathers of girls.”

B. Naming the Child
    - There is no narration indicating the superiority of any particular female name.
          o The default ruling: all names are permissible.
    - The Prophet (ṣallallāhu ‘alayhi wa sallam) changed the names of some girls. He changed
      ‘ siyah (disobedient) to Jam lah (beautiful). He changed Barrah (righteous) to
      Juwayriyyah and Zaynab.
          o These, plus the names of his daughters, are the 7 names Ras l’ll h (ṣallallāhu
              ‘alayhi wa sallam) ever chose for females. But these are not recommended in that
              they carry blessing in and of themselves. None of the companions understood
              that this was a recommendation to use these names. He did not choose the
              names for a religious reason.

         The names of Prophet Mu ammad’s (ṣallallāhu ‘alayhi wa sallam) daughters:
           Zaynab          Ruqayyah        Umm Kulth m                 F ṭimah

The governing rules in the area of naming are:
1- All names are mu ā (permissible) unless there is a particular proof indicating that it is
   forbidden or recommended.
2- The meaning of the name must be acceptable religiously, linguistically, and culturally.
- Religiously: certain names the shari’ah says is bad e.g Ibl s, or La’na (curse), or Q r n,
   Fir‘awn, and H m n (evil people mentioned in the Qur‘ n), or Rama (Hindu god).
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-  Linguistically: ‘Umar (raḍyAllāhu ‘anhu) forbade the name: ‘ siyah – sinner or wrongdoer –
   but it also depends on the culture
        o Culturally: Crazy in English is crazy and Crazy in Arabic = “red/rosy-cheeks”
        o Some names in Arabic might sound very wrong in English!
- Therefore we have make sure we know what the name means when we choose it
3- It is disliked to give a name that is self-praising.
- It has an indication in it that makes the person special and higher than others e.g. Barrah.
- It is not har m, but it is not recommended because the Prophet said: don’t name your sons
   these 4 names, including the name Rabbah, but he also had a servant by the name of
   Rabbah, and did not require him to change it.


Frequently Asked Questions:
1- When is naming a girl necessary?
- Some scholars said to wait until the 7th day; however, Anas b. Malik reported that the
   Prophet Mu ammad (ṣallallāhu ‘alayhi wa sallam) said: “A child was born into me this night
   and I named him after the name of my father Ibrahim” (Sah h Muslim).
       o He named him that same night
- So why did the scholars say the 7th night? Because Raq j’jj h (ṣallallāhu ‘alayhi wa sallam)
   said, “In the seventh night, name wmsp chijd ald qhate hiq head.”
       o So the explanation of the scholars is that you have to name him by the 7th
       o According to this, you may name the baby as soon at the baby is born but you must
           do it before the 7th day
       o This is what the scholars decided upon when looking at both had rhs
2- Can a name be changed later?
- Yes, but if changing it will upset your parents or affect them negatively in any way, then no
   because not hurting them is more important. This is unlesq ir’q a peajjw keqqed sn lake
- This refers only to the first name. The last name, or family name, is never allowed to be
   changed in Islam unless there is necessity because you must keep your lineage.
- In some cultures, umkel chalge rheip jaqr lake rm rheip hsqbald’q jaqr lake, rhiq iq lmr
   allowed in Islam because jj h cursed those who change their lineages.
3- Can I give my daughter a middle name?
- If you want to then weq. Ir’q a csjrspaj rhilg.
4- pe pabic lakeq pecmkkelded Whar abmsr lakeq raiel fpmk rhe Qsp’ n?
- No. There is no recommendation for any specific nake (fmp gipjq); ir’q a cultural thing.
- Choosing a certain name doesl’r keal rhar qnecific lake cappieq bapaiah
- Taken from the Qsp‘ l? Not all names in the Qsp‘ l are recommended, or even allowed
           o One example of a name in the Qsp‘ l that is not allowed is Iblis.

C) The ‘Aqīqah
    - It is a sacrifice offered in gratitude to jj h for the blessing of a child
    - The Prophet (ṣallallāhu ‘alayhi wa sallam) qaid, “Whmetep uiqheq rm nepfmpk a qacpifice ml
        the occasion of a newborn, then he should sacrifice two sheep for his son and one for
        hiq dasghrep” ( j’Naq ‘i).
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    -   It was narrated from ‘Abdullah b. Buraydah, from his father that: “That the Prophet
        (ṣallallāhu ‘alayhi wa sallam) had made of the ‘aq qah of asan and the usayn one sheep
        for each one of them” (Sunan Al’Nas ‘i and Abu D w d).
             o Another narration of the above had rh said 1 for both.
    -   It was narrated that the Prophet (ṣallallāhu ‘alayhi wa sallam) said: “Every child is
        connected to his or her Aqiqah” (Im m A mad).
             o What is the connection?
                      Ik k kad said: this child will not intercede for the parents if they
                         (had the ability but) did not do the ‘ao qah.
                      Another opinion: the righteousness is connected to the ‘ao qah. If you
                         are thankful to jj h, He will bless you; wms jmqe rhar if wms dml’r qhmw
                         your gratitude.
                      Another opinion: this child will not receive the full protection of jj h
                         until it is done
                      Shawih’q npefepelce: ir iq rhar rhepe iq ceprail gmmdleqq rhar jj h has
                         for this child that will only be released if the ‘ao qah is done.


Frequently Asked Questions:
1- Are there recommended days for offering an ‘aqīqah? What if it is difficult to perform it on
   the recommended days?
- The 7th day (counted by not including the one the baby was born)
- Or the 14th or the 21st (multiples of 7)
- Or whenever you have the money
2- My daughter is an adult, and I did not perform an ‘aqīqah for her. Can I still do it?
- Yes, you can
3- Should I perform an ‘aqīqah ml kwqejf if kw napelrq didl’r
- Smke ‘sjek said you cannot because the ‘ao qah is a ruling related to your parents not
   wmspqejf. Bsr if wms dm ir ml behajf mf wmsp napelrq, rhar’q file because you are helping them
   fulfill something

D) Shaving the Hair
    - It is not permissible to shave the head of a female child because shaving is of the
       specific characteristics for males. The Prophet (ṣallallāhu ‘alayhi wa sallam) said that the
       female who shaves her head is cspqed ( j’Bsih ri).
           o Shaving the head is something for men, not for women.
           o The had rh that mentions shaving rhe babw’q head qawq: “Etepw bmw…”
                   The had rh mentions ‘ao qah but otherq cmlfipk rhe ‘ao oah is for the
                      female as well but there is no other evidence for shaving the gipj’q head.


Frequently Asked Questions:
1- Iq ir nepkiqqibje rm qhate kw jirrje gipj’q haip rm iknpmte irq revrspe/rhicileqq
- No, ir’q lmr ajjmued becasqe Raq j’jj h (ṣallallāhu ‘alayhi wa sallam) forbade shaving the head
   of the female.
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           o This means for any other reasons like this, it is still not permissible to shave the
             head of a baby girl.

E) The Urine of the Female Infant
 Umm Karz narrates that a male infant was rought to the Prophet (ṣallallāhu ‘alayhi wa sallam) and he
 urinated on him. He had water sprayed on it. A female infant was brought to him and urinated on him.
                                         He had it washed.
                                               (A mad)

    -    Based on this, the scholars have said that the naj sah of a baby boy will be removed by
         sprinkling water, and the naj sah of a baby girl by washing. This is the majority
         opinion, and the opinion of Im m A mad, one narration of Im m M lik, and one
         narration from Im m Al’Sh fi‘ ; also of Im m Al’Awz ‘i, Im m Al’Thawri, Al’At ’, Umm
         Salamah, and ‘Ali (radiAllāhu anhuma)
    - However, the most famous narrations from Im m Al’Sh fi‘ , and Im m M lik disagrees.
         It says that there is no need to wash the female’s urine, and only spraying water is
         sufficient. Both infants’ urine is, by consensus, najas, but there are levels of naj sah.
         The naj sah of the ayḍ blood is different, and of a higher level, than that of vomit;
         feces is of higher naj sah than regular blood from a cut. The naj sah of the unweaned
         baby’s urine is mukhaffah (light), so spraying water is sufficient. They explained the
         had th of Umm Karz by saying that the amount of naj sah was intensified because it
         happened not once but twice, so after the second occasion, the cloth was now no longer
         t hir (pure) to be used.
    - Im m Abu Han fah says that both must be washed since he does not differentiate
         between the levels of naj sah.
    - However, there are other had ths that, when applied, makes the first opinion stronger
    i. The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “The urine of the male child is to be
         sprayed, and the urine of the female child is to be washed” (Abu D w d and
         Al’Tirmidhi).
    ii. The had th that an unweaned child who has not yet begun to eat, was brought to the
         Prophet, “The Prophet put him in his lap after a while the baby urinated in his lap.
         Then the Prophet called for some water, which he sprinkled over his clothes, and did
         not wash them completely” (Reported by Im ms Bukh ri and Muslim)
    iii. The Prophet (ṣallallāhu ‘alayhi wa sallam) also said: “The urine of a baby boy should have
         water sprinkled upon it. The urine of a baby girl is to be washed off” (Abu D w d,
         Al’Nas ‘i, and Ibn M jah)

Note: This discussion is only for the unweaned baby, who feeds on breastmilk/formula only. Once they are
 weaned and/or eating solid food, then the consensus is that their urine is najas and must be washed for
                                              both genders.


Frequently Asked Questions:
1- My daughter’s urine got on the bed and dried without washing. What is the ruling?
   - If it’s wet and you can still feel it, it must be washed. You can just use a wet towel to rub
      it until it’s clean.
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      -    If it’s dry and you cannot see the stain or smell or feel the naj sah, it has been purified.
      -    If there’s any sign of it left (stain, smell, feel), it must be cleaned, even if it has been
           there for a long time
 2-   My daughter’s urine got on the carpet. Can I clean it using chemicals, or must I pour water
      on it?
      - You can use water or chemicals, anything that takes away the naj sah is permissible to
           use.
 3-   Is it enough to wash a dirty cloth diaper or sheet in a washing machine? Is it permissible to
      wash unsoiled items along with it?
      - Yes, washing will be sufficient (after removing any solid naj sah), and other unsoiled
           items can be washed along with it, because the washing machine has multiple cycles of
           running water to remove the naj sah
 4-    Does touching my daughter’s urine or feces break my wud ’?
      - No, it will not.
 5-   Can I carry my baby with a dirty diaper in al h?
      - This case has 2 scenarios:
           o You are aware of it or recognize through sensations of touch, smell, sight
                      Then you must put the baby down and you cannot pray while carrying
                        them. If they start crying, break your al h, take care of the baby and then
                        pray your al h, since khush ’ is an essential component of prayer. The
                        early generations of jurists explained this through an example of someone
                        holding a bottle of naj sah in his prayer; his prayer would be invalid, and the
                        same analogy is used here.
           o You are not aware of it and cannot sense it
                      Then your prayer while carrying the baby is valid. (This is based on the
                        had th narrated by Im m Al’Tirmidhi that the Prophet [ṣallallāhu ‘alayhi wa
                        sallam] said “All h has forgiven my nation their mistakes, forgetfulness and
                        being coerced to do something,” and we are not held accountable for what
                        we were unaware of)
 6-    Does touching my baby’s private parts while cleaning them break my wuḍ ’?
      - There is difference of opinion amongst jurists as to whether touching one’s own, or
           others’ ‘awrah nullifies one’s wuḍ :
           o According to Im m Ibn Taymiyyah: In the case of children, neither touching their
                private parts nor touching their naj sah nullify your wuḍ . You only need to wash
                the hands, especially in the case of the mother/parent because they are constantly
                changing the child and requiring wuḍ will create undue hardship for parent and
                the shar ‘ah does not put unnecessary hardship; the goal of shar ‘ah is to bring ease.
                      Touching one’s own or other’s private parts without any barrier and without
                        lust does not break one’s wuḍ , but touching with lust will break the wuḍ .
                        This is the madhab of Im m Abu Han fah, too.
                      Their Proof: The had th of Talq b. Ali (radiAllāhu anhu) that states he asked
                        the Prophet (ṣallallāhu ‘alayhi wa sallam) about someone who touched his
                        private part during the al h, does he have to renew his wuḍ ? He replied:
                        “It is just a part of your body” (Abu D w d, Al’Nas ‘i, At-Tirmidhi, A mad,
                        and others).
                              This is also Shaykh Waleed’s chosen opinion
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        o According to the opinion of Im m M lik, Im m Al’Sh fi‘ and Im m A mad,
          touching private parts without any barrier nullifies ones wuḍ , based on the had th
          Busrah bint Safw n narrated that the Prophet (ṣallallāhu ‘alayhi wa sallam) said,
          “Whoever touches his sexual organ cannot pray until he performs ablution.” [This
          had th is related by "the five." Al’Tirmidhi classified it as sah h and Im m
          Al’Bukh ri called it the most authentic report on that topic. Im m M lik, Im m
          Al’Sh fi‘ , Im m A mad and others also narrated it.

 7- Is a baby’s vomit or spit-up impure?

 -  The majority of Muslim jurists consider vomit as najas. Im m M lik differentiated between
    the contents of the vomit in terms of unaltered food, partly digested, and altered food
        o If vomit consists of unaltered food particles (i.e it has not been digested) then it’s
           not najas
        o If the food has been altered by digestion then it is a new entity that is considered
           najas
    - Ibn’l Qayyim made an exception for the vomit of babies and said that even if it is
       altered, it’s forgiven since to have to change or clean their clothing every time they
       need to pray would put undue hardship on the parents.
 8- Can I perform ṣalā in clothing stained with breast milk?
    - Yes, because breast-milk is pure

 F) Circumcision
     - There is consensus amongst scholars that baby boys must be circumcised preferably
         before puberty. Otherwise at any age as soon as possible.
     - As for females, there is no authentic narration that states clearly that they should be
         circumcised. All narrations regarding this matter, which recommend circumcision for
         females, are weak narrations.
              o For example, the had th narrated by Umm Atiyyah Al’An riyyah: A woman
                  used to perform circumcision in Mad nah. The Prophet (ṣallallāhu ‘alayhi wa
                  sallam) said to her: “Do not cut severely as that is better for a woman and more
                  desirable for a husband (Sunan Abu D w d, Book 41, Number 5251). Im m
                  Al’Shawkani discusses the weakness of this had th, in his book Nayl Al’Awtar
                  (1/137-139).
              o Al’H kim relates it in Al’Mustadrak from ‘Ubayd All h b. ‘Amr who narrates it
                  from Zayd b. Ab Usayd from ‘Abd Al’M lik b. ‘Umayr from Al’Dahh k b. Qays
                  that, in Mad nah, there was a woman called Umm ‘Atiyyah who used to
                  circumcise the slave girls, so All h’s Messenger (ṣallallāhu ‘alayhi wa sallam) said
                  to her: “O Umm `Atiyyah! Trim, but do not cut into it, for this is brighter for the
                  face (of the girl) and more favorable with the husband” Ibn Hajar Al’‘Asqal ni
                  discusses this hadîth as well in Al’ alkh s Al’ a r (4/1407-1408), and concludes
                  that it is weak narration.
     - Abu Hurayrah says, “I heard the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) say,
         ‘Al’fiṭrah is in five: circumcision, shaving the pubic hair, trimming the moustache,
         trimming the nails, and plucking the underarm hair’” (Muslim).
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     -   The Prophet (ṣallallāhu ‘alayhi wa sallam) also said, “If the two circumcised parts meet,
         then ghusl becomes mandatory” (Muslim).
             o These are the only authentic a ad th related to this subject, but they are not
                  explicit for females. Other narrations specifically reference female
                  circumcision, but they are not authentic.
     -   According to the majority of the fuqahā’, female circumcision is permissible with the
         condition that it is not harmful. And therefore, in an early age, it is not permissible
         since it would lead to physical harm, and later emotional and psychological stress.
         Female circumcision is merely a cultural practice that has no prescribed Islamic ruling
         for it and that is supported by no decisive textual evidence. It is simply a regional
         custom in the places where it is practiced (Africa: Egypt, Nubia, Sudan, and their
         surrounding areas). We must then take into consideration that many medical
         professionals consider it to have detrimental effects for the girls who undergo the
         operation. On that basis, it would be impermissible to allow this custom to continue. In
         Islamic Law, preservation of the person: the life and bodily soundness of the person, is a
         legal necessity. Anything that compromises this legal necessity by bringing harm to the
         person is unlawful.

     The ad th related to female circumcision was narrated via many different chains, all of
           which contain problems and are weak. They cannot be used as evidence.
                                 ‘A m b di in ‘Awn Al’Ma‘ d

 G) Photography, Paintings, and Sculpture
 - It is not permissible to hang images (pictures or sculptures) of any creation that has a soul
     breathed into them, or to venerate them.
 - The Prophet (ṣallallāhu ‘alayhi wa sallam) said that angels do not enter the home which has a
     dog, or an image (Sah h Al’Bukh ri and Muslim). If someone is doing rituals with it is even
     more evil as this is shirk.
 - Narrated Abu Talha: I heard All h's Apostle (ṣallallāhu ‘alayhi wa sallam) saying; “Angels (of
     Mercy) do not enter a house wherein there is a dog or a picture of a living creature (a
     human being or an animal)” (Sah h Al’Bukh ri 4:448).
 - The had th of ‘ ’ishah who said: “The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) came
     back from a journey and I had hung a patterned curtain on which there were images over
     (the door of) a room of mine. When the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) saw
     it, he tore it and said, ‘The most severely punished of the people on the Day of Resurrection
     will be those who tried to imitate the creation of All h.’” She said: “So I made it into one or
     two cushions.” Narrated by Al’Bukh ri: 5610; Muslim: 2107)
          o What did ‘ ’ishah do with the curtain? She used it for pillows and the scholars
              interpreted this as either the pillow filling or the pillow cover. The scholars
              interpreted this action as permissibility for images on articles of furniture, on the
              computer or in albums, and such places that are not primarily for the purpose of
              hanging.
 - Painting pictures, drawing pictures or making sculptures of a human or animal is not
     permissible unless it is for education or play.
          o The shar ‘ah definition of a picture is the image of a human or an animal with the
              details of the face. This is not permitted. The had th mentions “al’suratu al’wajh”-
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            the picture is the face. Something that doesn’t show the face (like a side of a person
            or a group of people from a distance that does not show the details of face) is
            allowed
         o The imaginary figures that are unrealistic creatures(such as cartoon characters,
            dragons, Thomas the Train, Mickey Mouse, Batman, etc) and don’t have a r h are
            allowed. This is the opinion of Shaykh Bin B z. Since the Prophet (ṣallallāhu ‘alayhi
            wa sallam) defined a picture as “dh t al’r h” - that which possesses a soul.
         o It is allowed for the purpose of play or education such as coloring a picture of a
            person or on alphabet chart or if it’s in the form of toys, even if they are hung in the
            room.
 -   The Prophet (ṣallallāhu ‘alayhi wa sallam) said that among the severest of people in
     punishment on the Day of Resurrection are those who make these images. (Sah h
     Al’Bukh ri)
         o Narrated by Abdullah b. ‘Umar (radiAllāhu anhuma) that All h's Apostle (ṣallallāhu
            ‘alayhi wa sallam) said, “Those who make these pictures will be punished on the Day
            of Resurrection and it will be said to them. ‘Make alive what you have created’”
            (Sah h Al’Bukh ri: 835).
 -   Photography and videotaping are exempt from this rule.
         o It is allowed to have photos, videotaping, and so on because it is a reflection of the
            image that is exactly like looking at yourself in the mirror or in water.
         o Pictures drawn, taken, or even making shapes of human beings or animals is
            allowed in Islam provided they are made for some good purpose, even as play-
            things for children.
         o Pictures can be drawn in text books, drawing books, black boards, etc., to explain
            various subjects to students.
         o Pictures can be drawn or taken for scientific and technological research and
            education at colleges, universities and laboratories.
         o Human and animal models can be made for scientific research and education.
         o Medical fraternity can work on dead bodies of humans and animals for their
            education and research. They can record their findings by way of pictures.
         o Pictures can be taken and used for passports, identification cards, driver licenses,
            social security, and a host of other requirements.
         o Pictures of Islamic scholars or shuy k can be drawn or printed in books for the
            purpose of identification.

 H) Children’s Toys
 - ‘ ’ishah said, “I used to play with dolls with my friends. When the Prophet entered, they
     would leave, and when he left, they would come back” (Sah h Al’Bukh ri).
 - ‘ ’ishah said, “The Prophet (ṣallallāhu ‘alayhi wa sallam) came back from one of his trips, to
     either Tab k or Khaybar, and a wind came and blew a curtain covering a shelf where I had
     placed my toys. He asked, ‘What are those?’ I said, ‘Those are my dolls (ban ti).’ With them,
     he saw a horse with two wings. He asked, ‘What is this?’ I said, ‘A horse.’ He asked, ‘With
     wings?’ I told him, ‘Didn’t you hear that Sulaym n had horses with wings?’ The Prophet
     laughed until I could see his premolars” (Abu D w d).
         o She said: “banati” – my daughters or my dolls.
         o She was older and kept her toys, so if you want to keep your toys, it’s permissible.
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       -   Al-Rab ‘ bint Mu‘awwadh said relating the fasting of the Day of ‘ sh rā’: “And we used
           to take our children to the masjid (fasting). If they cried for food, we used to give them
           the toys we made out of cotton (in other narrations toys of wool/ dyed wool) to play
           with until ifṭār time comes” (Sah h Al’Bukh ri and Muslim)
               o Some modern scholars say the dolls today are different; they are made like the
                   perfect human being and are imitating All h’s creation.
               o All the toys today are completely different! But the fact that sah bah had dolls
                   shows us that any kind of toys (manufactured according to the prevalent
                   technology) for the purpose of engaging children is allowed.
               o Another area to consider is what messages a specific toy gives children and
                   whether you’d like them to receive those messages. What is important is to look
                   at what this cartoon or image promotes or how it affects the kids – what are the
                   ideas they represent. If the messages are unIslamic, then these toys are not
                   permitted, such as the cartoons and toys which promote violence (as shown by
                   research studies).
       -   The default ruling regarding children’s toys is that all are permissible unless there is a
           specific reason forbidding the particular toy, such as an image of an idol, a
           representation of Shayṭān, a cross, etc.
               o We can pray in a place with images, and with the toys around. Bukh ri has an
                   entire chapter on the permissibility of praying with pictures, proof that the
                   Prophet prayed in Makkah while the Ka’bah had idols in it. The sah bah also
                   prayed in churches. What is not allowed is to pray to the pictures so they
                   should not be in front of you like a sutra.

   ACTIVITY: What are the best five toys for girls?


   Frequently Asked Questions:
   1- Can I buy character dolls such as Barbie, Bratz, celebrity dolls, etc.?
      - It depends on what messages these dolls send your kids but to say they are har m is
          extreme. It is not generally recommended, and you’d better watch your children and
          raise them with Islamic principles of hay ’.
      - If they carry unIslamic messages such as holding a guitar, promotes shirk, having
          boyfriends, etc, it is har m.
2- Can I buy kids’ toys which contain music?
      - If it is not a musical instrument per se (such as a guitar), it is allowed, for the following
          reasons:
          o When you buy the toy, the music is not intended for itself
          o You can mute the toy
      - The scholars, in the books of fiqh, have differentiated between listening to music and
          hearing music. In a restaurant or public places, music is always there in the
          background, and we hear it accidentally, but going out of your way to buy and to listen
          to music is not allowed.
          o The proof to differentiate this is the had th: The Commander of the Faithful, ‘Umar
              b. Al’Khattâb, relates that he heard All h's Messenger (ṣallallāhu ‘alayhi wa sallam)
15                                          COMPLICATED: A to Z of Women’s Modern Fiqh

                say: “Actions are but by intentions and every man will have only what he intended.
                So whoever emigrated for All h and His Messenger, then his emigration was for
                All h and His Messenger. And whoever emigrated to attain something of this world
                or to marry a woman, then his emigration was for whatever reason he emigrated”
                (Sah h Al’Bukh ri and Sah h Muslim).
      - There is another rule in fiqh: There are certain things that, by itself, is har m but when
           it is a part of something else, it is allowed, e.g. blood is har m, but blood in meat is
           allowed, so a rare steak is allowed. This rule is applied in various areas.
            o So if the music is the secondary part of the toy, then it is allowed.
            o Music has now become something the shar ‘ah defines as “so common that it is
                hard to avoid and attached to things you need in your daily life” so the shar ‘ah
                goes easier on things like that. It is the culture that has changed ( there are
                conditions for the application of this rule so we cannot generalize to make the
                har m hal l e.g riba’, alcohol)
3- What are the rulings regarding watching cartoons and movies?
      - Watching cartoons and movies:
            o A lot of us have made that into their babysitters even at Islamic events. You
                basically just want to get rid of the kids and your responsibility toward them
            o Even if it is hal l, you have to limit the amount of TV your child is exposed to. It will
                kill so many good habits such as reading, and will promote wasting time. So many of
                these things also show shirk and har m e.g showing “god.” It reprograms how your
                kids think about, and see things.
            o It kills the time family spends together
            o A lot of kids gain weight while watching TV
4- Will it be allowed to let the kids take piano lessons
      - No, since music is not permitted.
5- What is the proof that for educational purpose painting images are allowed?
      - Toys for entertainment are allowed so for education takes precedence (qiy s al’awla)
           over entertainment. Similarly, they exempted newspapers and magazines in order to
           allow for education and information.

   I) Sleeping Arrangements
        - Children should be separated while sleeping at the age of ten. The Prophet (ṣallallāhu
           ‘alayhi wa sallam) said, “Separate between them in their places of sleep at ten” (A mad).
               o They have different beds to sleep
               o If you cannot separate them, make sure when they sleep, each one has their
                   own blanket. If you don’t have different blankets, they have to wear clothes that
                   don’t reveal any of their ‘awrah.

   J) Clothing
       -     ijāb is not obligatory upon pre-pubescent girls unless her body is fully matured. In
           that case, she should dress modestly.
                o If she is fully matured, she will attract male attention, and thus she must
                     maintain ij b
                o It is not sinful if she didn’t reach age of puberty but it is always good to train
                     them from early age
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     -   It is recommended to train girls in dressing modestly and wearing ijāb during their
         childhood, as we train them in praying from the age of seven.
              o The ‘ulem said that it is recommended because The Messenger of All h
                  (ṣallallāhu ‘alayhi wa sallam) said: “Teach your children to pray when they are
                  seven years old and smack them if they do not pray when they are ten years old,
                  and separate them in their beds.” Narrated by Abu D w d (495) and classed as
                  sah h by Al-Alb ni in Sah h Abi D w d. al h is not obligatory then but you still
                  have to teach them. And to pray the girls should be trained to wear ij b.
              o When the Prophet (ṣallallāhu ‘alayhi wa sallam) saw a girl without ij b, he
                  (ṣallallāhu ‘alayhi wa sallam) said: “Is this woman is mature (reach the age of
                  puberty)? Then they said: “Yes Ras lillah!” Then he (ṣallallāhu ‘alayhi wa sallam)
                  said: “So give her something to cover herself.”
     -   It is recommended to train girls to be modest in their dress and behavior and in their
         dealings with the opposite gender.
              o Teach them to be modest at an early age!
              o There is an increasing percentage of assault and molestation of young children
                  by their relatives or guardians; to the extent that even Muslim communities are
                  not immune to it (the fashion gurus promote promiscuity from a young age).

 ACTIVITY: Share your first experience with ijā .
       - It was hard,
       - Feeling of being complete and liberated.
       - Happiness, tranquility, more respected, encouraged.
       - Connected to All h.


 Frequently Asked Questions:
 1- Can small girls be dressed in short clothing?
       - Teach them to be modest at an early age; not to be sexy
       - What about clothing with images? Can I buy kids clothes with images on it? The
          prophet allowed images in clothes that are part of it. He forbade images unless it is a
          part of cloth.
          o The Prophet (ṣallallāhu ‘alayhi wa sallam) was given some clothes including a
               black Kham sah. The Prophet said, “To whom shall we give this to wear?” The
               people kept silent whereupon the Prophet said, “Fetch Umm Kh lid for me.” I
               (Umm Kh lid) was brought carried (as I was small girl at that time). The Prophet
               took the Kham sah in his hands and made me wear it and said, “May you live so
               long that your dress will wear out and you will mend it many times.” On the
               Kham sah there were some green or pale designs (The Prophet saw these
               designs) and said, “O Umm Kh lid! This is Sanah.” (Sanah in a Ethiopian word
               meaning beautiful) (Sah h Al’Bukh ri: 7.713).

 K) Signs of Puberty
     1. Having wet dreams (bulugh al’hul m)
     2. Menstruation (al’ ayḍ)
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     3. Pregnancy (if no other signs were apparent before)
     4. Growth of coarse pubic hair
        - There is difference of opinion about this matter.
           o Im m A mad , Abu Yusuf (the main student of Im m Abu Han fah), one
              narration from Im m Al’Sh fi‘ , and Im m M lik accept it as sign. They base this
              on the Had th in which ‘Atiyya Al’Qurazi says, “The Messenger of All h
              (ṣallallāhu ‘alayhi wa sallam) examined the Banu Qurayza and all who had pubic
              hair were killed according the judgment made by Sa’d b. Mu‘adh, but he was
              ashamed to kill those who had not yet grown pubic hair. I was among those
              whose hair had not grown, so they left me. Sa’d b. Mu‘adh gave a judgment on
              them that their fighters be killed and children captured. The Messenger of All h
              (ṣallallāhu ‘alayhi wa sallam) said to him, ‘You have given the judgment of All h
              on them’” (recorded by The Four).
                    ‘Umar b. Abd’l Aziz mentioned that it is sunnah to consider a person
                       adult after he has grown thick pubic hair based on this had th.
                    N fi’ related from Aslam from ‘Umar b. Al’Khattab: he wrote ordering
                       the am rs of the armies to impose the jizya only on those upon whom
                       razors were used [i.e. on pubic hair; meaning those who were adults]."
                    Sa’d b. Mu‘adh said that the Prophet (ṣallallāhu ‘alayhi wa sallam) said:
                       “Whoever grows the hair in his or her private part should be treated like
                       an adult” (Sah h Al’Bukhari).




               O you who have believed, let those whom your right hands possess and those
               who have not [yet] reached puberty among you ask permission of you [before
               entering] at three times: before the dawn prayer and when you put aside your
              clothing [for rest] at noon and after the night prayer. [These are] three times of
                 privacy for you. There is no blame upon you nor upon them beyond these
             [periods], for they continually circulate among you - some of you, among others.
               Thus does All h make clear to you the verses; and All h is Knowing and Wise.
                                              (Surah Al’N r: 58)

            o Im m Abu Han fah, and some M liki scholars did not accept it as sign of
              puberty. Im m Al‘Sh fi‘ accepted it as sign of puberty for legal purposes, such
              as implementing hud d, and custody issues, but they did not accept it as sign of
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              puberty for acts of worship. They base this on the basis that there is nothing
              explicit in Qur‘ n and sunnah. They did not accept the verdict of Sa’d b. Mu’adh
              for Banu Qurayzah since it was his personal ijtih d.
        - Though this matter is not very clear, Shaykh Waleed prefers the position of Im m
           A mad since there is some evidence for it.
     5. Age:
        - There is difference of opinion concerning this issue
           o The vast majority of scholars consider reaching the age of 15 without any other
              signs showing first (Abdullah b. Wahb and Abdu’l M lik b. Al’Majish n among
              the people of M lik. It is the verdict of ‘Umar b. Abd’l Aziz, Al’Awz ‘i, Al’Sh fi‘
              and a group of the people of Mad nah and the anbalis, Abu Y suf and
              Mu ammad b. Al’ asan). They make no distinction between the hud d and the
              obligation of acts of worship. They based this opinion on the had th of Ibn
              ‘Umar, “All h's Apostle (ṣallallāhu ‘alayhi wa sallam) called me to present myself
              in front of him or the eve of the battle of ‘Uhud, while I was fourteen years of
              age at that time, and he did not allow me to take part in that battle, but he
              called me in front of him on the eve of the battle of the Trench when I was
              fifteen years old, and he allowed me (to join the battle).” N fi’ said, “I went to
              ‘Umar b. Abd’l Aziz who was Caliph at that time and related the above narration
              to him, he said, ‘This age (fifteen) is the limit between childhood and manhood,’
              and wrote to his governors to give salaries to those who reached the age of
              fifteen. Im m Al’Sh fi‘ said the Prophet (ṣallallāhu ‘alayhi wa sallam) did this to
              18 companions, since he would not allow a child on battlefield (Sah h
              Al’Bukhari: 845).
           o Age of 18: (Abu an fah and the M likis) Im m Abu Han fah said that a girl,
              when she starts 18 year reaches puberty, and a boy reaches puberty at end of 18
              years. The M likis say by 18 both genders are adults. They base this on the
              understanding of the verses 6:152 and 17:34




 And come not near to the orphan’s property, except to improve it, until he (or she) attains the
   age of full strength; and give full measure and full weight with justice. We burden not any
 person, but that which he can bear. And whenever you give your word (i.e. judge between men
     or give evidence, etc.), say the truth even if a near relative is concerned, and fulfill the
                covenant of All h, this He commands you, that you may remember.
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 And do not approach the property of an orphan, except in the way that is best, until he reaches
  maturity. And fulfill [every] commitment. Indeed, the commitment is ever [that about which
                                    one will be] questioned.

                      They asked Ibn Abbas, what is the age of ashudda, and he said, 18 years.


 Frequently Asked Questions:
 1- Until what age can I shower with my daughter?




 O you who believe! Let your slaves and slave-girls, and those among you who have not come to
  the age of puberty ask your permission on three occasions: before the Fajr prayer, and while
 you put off your clothes during the afternoon, and after the `Isha' prayer. (These) three (times)
 are of privacy for you; other than these times there is no sin on you or on them to move about,
 attending to each other. Thus All h makes clear the Ayat to you. And All h is All-Knowing, All-
     Wise./And when the children among you come to puberty, then let them (also) ask for
  permission, as those senior to them (in age) ask permission. Thus All h makes clear His Ayat
                           for you. And All h is All-Knowing, All-Wise.)
                                          (Al’Nur: 58-59)
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  And tell the believing women to lower their gaze, and protect their private parts and not to
 show off their adornment except that which is apparent, and to draw their veils all over their
  Juyub and not to reveal their adornment except to their husbands, or their fathers, or their
  husband's fathers, or their sons, or their husband's sons, or their brothers or their brother's
   sons, or their sister's sons, or their women, or their right hand possessions, or the Tabi‘ n
    among men who do not have desire, or children who are not aware of the nakedness of
 women. And let them not stamp their feet so as to reveal what they hide of their adornment.
      And all of you beg All h to forgive you all, O believers, that you may be successful.)
                                            (Al’N r: 31)

     -  The kids who do not know about the ‘awrah of women (i.e. they do not know the sexual
        use of the ‘awrah, which, in our times, 5-year old kids are capable of understanding)
        they must be trained to shower on their own. Once they recognize the female ‘awrah,
        then they cannot take a shower with them and if they are non-mahram, then you must
        put ij b in front of them.
            o Some scholars mention that girls should be trained from age of 3 years to be
                modest and by 9 years they must shower independently.
 2- Can my young daughter touch the Qur’ n without wuḍ ’?
        - Yes but she must know how to handle the mu af properly. Shaykh Bin B z said
            that children less than 7 years should not be allowed to handle the mu af without
            supervision, since they don’t know the value of it. If they can discern that, then it’s
            permissible for them
 3- Can my young daughter combine maghrib with ‘ishā’ in order to sleep early and get enough
    rest for school the next day?
        - No, you cannot change the d n. They can sleep, wake up, pray, go back to sleep but
            you cannot change the d n for your child
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   When ye pass (Congregational) prayers, celebrate All h's praises, standing, sitting down, or
   lying down on your sides; but when ye are free from danger, set up Regular Prayers. Indeed,
                       such prayers are enjoined on believers at stated times.
                                            (Al’Nis ’: 103)
     - It is better to let them know the true religion and its significance; you cannot play with
         the shar ‘ah. And a child before puberty is not held accountable for her acts of worship.
 4- Do young girls need to wear ijā while praying?
         - Encourage them to wear it while praying because Ras l’ll h (ṣallallāhu ‘alayhi wa
            sallam) commanded us to teach them how to pray at 7 and ij b is part of the
            prayer. They have to be trained to pray properly and even if they are unsteady and
            clumsy, it’s okay. A great tabi‘i scholar, At ’, was asked by his companions whether
            a young girl should be made to put ij b for prayer and he said, “No, as long as she
            is covered with an iz r.”
 5- Is underarm hair a sign of puberty?
         - There is no proof for that.
 6- Can I attend my friend or cousin’s delivery?
         - This is permissible as long as you do not see the ‘awrah. The husband can attend his
            wife’s delivery. Can the couples watch the movie of delivery process? For
            educational purposes like a medical documentary, but not as pornography.




                  ~.~.~.~.~.~.~.~ .~.~.~.~.~.~.~.~ .~.~.~.~.~.~.~.~
                             ~.~.~.~.~.~.~.~.~.~.~.~.~.~
                                   ~.~.~.~.~.~.~.~
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 Chapter Two: Rulings Related to Worship which are Specific to
 Women
    The cardinal rule in this chapter is that females and males carry all the same rulings unless there is
 specific evidence proving otherwise because the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Females are
                                          the other halves of males.”
                                                   (A mad)

 A) Rulings related to ahārah, uḍ ’, and Ghusl
     1- If a woman’s dress is long and drags and it (the lower edge of dress that touches the
        ground) gets dirty from walking outside, there is no need to change or wash it. Even if
        it touches something impure, the land will purify it unless you see a wet impurity,
        which must be washed. When asked by Umm Salamah regarding her clothes that drag,
        he (ṣallallāhu ‘alayhi wa sallam) said, “It will be purified by the land” (Abu D w d). The
        same rule applies to walking over carpet, tiles etc. That is forgiven because it would be
        difficult to always check and wash when impure. However, you cannot make analogy
        on this for other parts of clothes.
     2- Internal vaginal wetness is pure according to the strongest scholarly opinions, as
        Al’Im m Al’Sh fi‘ stated.
     3- Rulings regarding vaginal discharge:
        a. If the discharge (madhi) is a result of sexual emotions or activity without
             intercourse or an orgasm, it is impure and must be washed. The genitals and
             anything soiled must be washed. It breaks the wuḍ ’ and does not necessitate ghusl
             by the consensus of Muslim scholars.
        - You must wash, and change liner or underwear
        b. If the discharge (mani) is a result of intercourse, a wet dream, or an orgasm, then
             ghusl is necessitated.
        c. If the discharge is not related to sexual arousal, and is of natural secretion, then it is
             pure and does not break the wuḍ ’ according to the strongest opinion. The silence
             of the Shar ‘ah on this issue despite its common occurrence is an indicator of its
             purity. There is a difference of opinion amongst the scholars regarding the purity of
             this discharge.
        - The vast majority of the scholars say it is najas and women must clean themselves,
             and make wuḍ ’, and if touches her garments, she must change it.
        - Im m Al’Sh fi‘ and others said: it would be very hard for women and if it was najas,
             then Ras l’ll h (ṣallallāhu ‘alayhi wa sallam) should have advised it because it is
             common and the sah bi never asked about it. So their silence shows they
             considered it as pure.
     4- The escape of trapped air from the vagina does not break the wuḍ ’.
     5- A woman must perform ghusl after intercourse, regardless of whether there was any
        orgasm, discharge or not. The Prophet (ṣallallāhu ‘alayhi wa sallam) also said, “If the two
        circumcised parts meet, then ghusl becomes mandatory” (Muslim). This rule was the
        second stage. The first rule in the early days stated that only if you have an orgasm,
        then you make ghusl but this had th abrogates that rule.
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        -    Narrated Zayd b. Khalid Al’Juhani, I asked ‘Uthman b. ‘Affan about a man who
             engaged in the sexual intercourse with his wife but did not discharge. ‘Uthman
             replied, “He should perform ablution like that for the prayer after washing his
             private parts.” ‘Uthman added, “I heard that from All h's Apostle.” I asked ‘Ali b.
             Abi Talib, Al’Zubayr b. Al’‘Awwam, Talha b. ‘Ubaydullah and Ubay b. Ka’b and they
             gave the same reply (Abu Ayyub said that he had heard that from All h's Apostle).
             (This order was canceled by other had th so one has to take a bath) (Sah h
             Al’Bukh ri: 291).
        - Narrated Ubay b. Ka’b: I asked All h's Apostle about a man who engages in sexual
             intercourse with his wife but does not discharge. He replied, “He should wash the
             parts which comes in contact with the private parts of the woman, perform
             ablution and then pray.” (Abu Abdullah said, “Taking a bath is safer and is the last
             order”) (Sah h Al’Bukh ri: 292).
        - Narrated Abu Sa‘ d Al’Khudri: All h's Apostle sent for an An ri man who came with
             water dropping from his head. The Prophet said, “Perhaps we have forced you to
             hurry up, haven't we?” The An ri replied, “Yes.” All h's Apostle further said, “If
             you are forced to hurry up (during intercourse) or you do not discharge then
             ablution is due on you” (This order was canceled later on, i.e. one has to take a bath)
             (Sah h Al’Bukh ri: 180).
     6- It is permissible to delay the ghusl for janābah until the time for prayer, but it is
        recommended to hasten to wash the private parts and make wuḍ ’. But if someone
        would feel lazy and hence risk missing a prayer then better to take ghusl immediately
        after.
        - Umar b. Al’Khattab (raḍyAllāhu ‘anhu) narrated that I asked All h's Apostle “Can any
             one of us sleep while he is Junub?” He replied, “Yes, if he performs ablution, he can
             sleep while he is Junub” (Sah h Al’Bukh ri: 285).
        - ‘ ’ishah (raḍyAllāhu ‘anha) narrated Whenever the Prophet intended to sleep while
             he was Junub, he used to wash his private parts and perform ablution like that for
             the prayer (Sah h Al’Bukh ri: 286).
        - Abu Hurayrah narrated that once the call (‘iq mah) for the prayer was announced
             and the rows were straightened. All h's Apostle came out; and when he stood up at
             his musAll h, he remembered that he was Junub. Then he ordered us to stay at our
             places and went to take a bath and then returned with water dropping from his
             head. He said, “All hu-Akbar,” and we all offered the prayer with him (Sah h
             Al’Bukh ri: 274)
        - The had th of ‘ ’ishah (raḍyAllāhu ‘anha) who said that the Prophet (ṣallallāhu ‘alayhi
             wa sallam) used to wake up in the mornings of Ramad n impure (junub) from having
             intercourse with his wives and would make ghusul after Fajr came in and continue
             his fast (Sah h Al’Bukh ri 2:232).
     7- During ghusl for janābah, a woman must wash her hair with water reaching the roots of
        all hair. ‘ ’ishah (raḍyAllāhu ‘anha) said, “When one of us wanted to make ghusl from
        janābah, she would pour three handfuls of water onto her head…” (Sah h Al’Bukh ri). If
        a woman has her hair in braids, she does not have to undo them before ghusl, as long as
        the water reaches the roots, and it will wet your entire hair.
        - On the authority of ‘ ’ishah, Whenever any one of us was Junub, she poured water
             over her head thrice with both her hands and then rubbed the right side of her head
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           with one hand and rubbed the left side of the head with the other hand (Sah h
           Al’Bukh ri: 276).
        - The ghusl of a woman is just like the ghusl of a man, but she doesn't have to undo
           her braids if the water can reach the roots of her hair, as was mentioned in the
           had th related by Umm Salamah (raḍyAllāhu ‘anha): A woman said, “O Messenger of
           All h, I am a woman who keeps her braid tight. Do I have to undo it when
           performing a ghusl for jan bah?” He said, “It is enough for you to pour three scoops
           of water over it, then pour water over your whole body, after that your purification
           is complete” (Muslim).
           o Ibn’l Qayyim said in Tahdh b Al’Sunan: This had th of Umm Salamah indicates
               that women do not have to undo their hair in order to do ghusl following
               jan bah. The scholars were agreed on this point, except for the reports narrated
               from Abdullah b. ‘Amr and Ibrahim Al’Nakha‘i who said that she has to undo it,
               but we do not know of anyone else who agrees with them.
        - Shaykh Ibn ‘Uthaym n said: The least that is required is that she should make the
           water reach every part of her body, even underneath the hair. It is best if it is done
           in the manner described in the had th of the Prophet (ṣallallāhu ‘alayhi wa sallam),
           when Asma’ bint Shakl asked him about ghusl following menses. He (ṣallallāhu
           ‘alayhi wa sallam) said: “One of you should take her water and lotus leaves and purify
           herself and purify herself well. Then she should pour water over her head and rub it
           vigorously, so that it reaches the roots of her hair, and pour water over herself.
           Then she should take a piece of cloth that is scented with musk and purify herself
           with it.” Asm ’ said: “How should she purify herself with it?” He said: ‘Subh n All h,
           let her purify herself with it.” ‘ ’ishah said to her: “She should follow the traces of
           blood” (Narrated by Al’Bukh ri and Muslim).
     8- There is no difference between the ghusl of janābah and the ghusl after completion of
        menstruation ( ayḍ) or post childbirth (nif s)
        - Method of gusl
           o The sufficient method: Go under water and make sure the water reaches your
               entire body.
                     On the authority of Abu Salamah, ‘ ’ishah’s brother and I went to
                       ‘ ’ishah and he asked her about the bath of the Prophet. She brought a
                       pot containing about a s ’ of water and took a bath and poured it over
                       her head and at what time there was a screen between her and us (Sah h
                       Al’Bukh ri: 251).
                     On the authority of Jubayr b. Mutim, All h’s Apostle said, “As for me, I
                       pour water three times on my head,” and he pointed with both his hands
                       (Sah h Al’Bukh ri: 254)
           o The perfect method: wash hands; wash private parts (with something with a
               good smell / ashnan, like soap/shower gel); make wuḍ ’, then let water wash
               right side, then left side, and third time on top of head, and then let it run over
               the entire body. Only the Han bilah say rinsing the nose and mouth is also part
               of ghusl, since they are part of the face; others disagree.
                     On the authority of ‘ ’ishah, Whenever the Prophet took a bath after
                       jan bah he started by washing his hands and then performed ablution
                       like that for the prayer. After that he would put his fingers in water and
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                           move the roots of his hair with them, and then pour three handfuls of
                           water over his head and then pour water all over his body (Sah h
                           Al’Bukahri: 248).
                        On the authority of Maymunah (the wife of the Prophet): All h's Apostle
                           performed ablution like that for the prayer but did not wash his feet. He
                           washed off the discharge from his private parts and then poured water
                           over his body. He withdrew his feet from that place (the place where he
                           took the bath) and then washed them. And that was his way of taking the
                           bath of Jan bah (Sah h Al’Bukh ri: 249).
                        On the authority of Maymunah, I placed water for the bath of the
                           Prophet. He washed his hands twice or thrice and then poured water on
                           his left hand and washed his private parts. He rubbed his hands over the
                           earth (and cleaned them), rinsed his mouth, washed his nose by putting
                           water in it and blowing it out, washed his face and both forearms and
                           then poured water over his body. Then he withdrew from that place and
                           washed his feet (Sah h Al’Bukh ri: 257).
      9- It is permissible to wipe over the khimār during wuḍ ’ as it is permissible for men to
         wipe over a turban. In situation where it is difficult to remove or in public place,
         provided the khimār is put in state of ritual purity. If she is able to include wiping the
         forefront of her hair or back of her hair and then wipe over the khimār, that would be
         safer, since scholars saying wiping any part of hair while wiping over the khimār even if
         it’s 3 hairs. Al’Tirmidhi relates J bir with an authentic chain of transmission that J bir
         was asked about wiping over the socks and he said: “This is the Sunnah.” Then he was
         asked about wiping over the turban. He replied: “Wipe some hair with water.”
         - ‘Urwa b. Al’Mughira b. Shu’ba reported it on the authority of his father that he said:
              The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) lagged behind (in a journey) and
              I also lagged behind along with him. After having relieved himself he said: Have you
              any water with you? I brought to him a jar of water; he washed his palms, and face,
              and when he tried to get his forearms out (he could not) for the sleeve of the gown
              was tight. He, therefore, brought them out from under the gown and, throwing it
              over his shoulders, he washed his forearm. He then wiped his forelock and his
              turban and his socks. He then mounted and I also mounted (the ride) and came to
              the people. They had begun the prayer with ‘Abd’l Rahm n b. 'Awf leading them
              and had completed a rak‘ah. When he perceived the presence of the Apostle of All h
              (ṣallallāhu ‘alayhi wa sallam) began to retire. He (the Holy Prophet) signed to him to
              continue and offered the prayer along with them. Then when he had pronounced
              the salutation, the Apostle (ṣallallāhu ‘alayhi wa sallam) got up and I also got up with
              him, and we offered the rak‘ah which had been finished before we came (Had th
              531, Kit b Al’Tah ra, Sah h Muslim).


 Frequently Asked Questions
 1-      Does a woman wipe her head during wuḍ ’ in the same way that a man does?
         - Yes, but only the hair over the head; anything beyond that, there is no need to wipe
            it either for men or for women.
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   O you who believe! When you stand (intend) to offer the al h (the prayer), then wash your
 faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads,
  and (wash) your feet up to the ankles. If you are in a state of Jan bah, purify yourselves (bathe
 your whole body). But if you are ill or on a journey or any of you comes from the Gh ‘it (toilet)
 or you have touched women and you find no water, then perform Tayammum with clean earth
  and rub therewith your faces and hands. All h does not want to place you in difficulty, but He
        wants to purify you, and to complete His Favor to you that you may be thankful.)
                                            (Al’M ‘idah: 6)
        - Narrated by Abdullah b. Zayd(raḍyAllāhu ‘anhu): Once All h's Apostle came to us and
            we brought out water for him in a brass pot. He performed ablution thus: He
            washed his face thrice, and his forearms to the elbows twice, then passed his wet
            hands lightly over the head from front to rear and brought them to front again and
            washed his feet (up to the ankles) (Sah h Al’Bukh ri: 196).
        - Im m A mad said allowed for women only to wipe the front of her hair because
            ‘ ’ishah (raḍyAllāhu ‘anha) used to do so.
            o Method of wuḍ ’ of mother of believers ‘ ’ishah (raḍyAllāhu ‘anha): It is narrated
                 from Abu Abdullah, whose name was S m and was famous as Sablan. ‘ ’ishah
                 used to wonder at his trustworthiness and employed him for her works. He says,
                 “Once ‘ ’ishah showed me how the Holy Prophet (ṣallallāhu ‘alayhi wa sallam)
                 used to do wuḍ ’. She first gargled and put water in the nostrils thrice then
                 washed the face thrice then washed the right arm thrice and the left arm thrice.
                 Then she put her hand on her head and pulled it backwards once. Then she
                 passed her hands over her ears and then over her cheeks. (Al’Nas ‘i; V.1; p.38)
 2-     Can I wipe over my socks if they are thin and transparent?
        - The strongest opinion says yes. 7 or 8 companions reported allowed wiping over
            socks and the companions’ socks were not perfect like ours, they were made of
            leather, and this includes thin socks. Khuffs (made of leather and its likes) and
            jawārab (socks made of cotton and its likes), shurrā (socks, stockings).
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      -   Im m A mad said, “There is no aversion in my heart to wiping. There are forty
         ahad th with regards to it from the Messenger of All h (ṣallallāhu ‘alayhi wa sallam)
         and his companions’.
      - Conditions for wiping over socks
         o You must be in state of purity before wearing them
         o The socks must be clean/free of naj sah
         o They must cover the feet upto and including the ankles (so sports’ socks are not
             allowed since the ankles are uncovered)
         o Irrespective of whether the socks have holes in it or not, wiping is allowed for
             minor impurity only, and not for that which necessitates ghusl
         o The time limit is 1 day/24 hours for the resident and 3 days/72 hours for the
             traveler.
 3-   Does touching a male break your wuḍ ’?
      - The ‘ulem differentiated between touching and being touched since the verse says:
         “aw laamastumunnisaa” (Al’Nis ’:43; Al’M ‘idah:6).
         o So if a man touches a woman, his wuḍ ’ is broken but not the woman who was
             touched
      - However, touching or being touched, there is difference of opinion as to if it breaks
         you wuḍ ’:
         o The Shafi‘iyyah: Yes, any intentional touch with the opposite gender will break
             the wuḍ ’.
         o Abu Han fah: Any touching in any way does not break the wuḍ ’.
         o Majority: No it does not break wuḍ ’, unless the touch is done with lust (opinion
             of Im m M lik, Ibn Taymiyyah, and many others).
                  Their evidences are:
                         Narrated ’ishah (raḍyAllāhu ‘anha), the wife of the Prophet, “I
                            used to sleep in front of All h's Apostle with my legs opposite his
                            Qibla (facing him); and whenever he prostrated, he pushed my
                            feet and I withdrew them and whenever he stood, I stretched
                            them.” ’ishah added, “In those days there were no lamps in the
                            houses” (Sah h Al’Bukh ri: 492).
                         In another narration ’ishah (raḍyAllāhu ‘anha) says: “One night I
                            woke up and did not find the Messenger of All h with me. The
                            apartments in those days did not have lanterns. So I searched
                            with my hands, and the palm of my hand touched the bottom of
                            his foot, while he was in Sajdah in the Masjid. He was saying,
                            ‘Sub hon Qudusun Rabbil Mal ‘ikati wa’l R h’.”
                             ’ishah (raḍyAllāhu ‘anha) says, “I noticed the Messenger of All h
                            was gone one evening from the bed, so I looked for him and my
                            hand landed on the sole of his feet and he was in the masjid. They
                            were close together and he was saying, ‘O All h I seek refuge with
                            you, pleasure from your anger, and with your pardon, and from
                            your punishment. I seek refuge with you from what is falsely
                            attributed to you as praise. You are how you have praised
                            yourself’”(Muslim: 486; Al’Daraqutni)
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                                  o This had th also proves that in suj d, the feet should be
                                     close together.
                              ’ishah (raḍyAllāhu ‘anha) was awakened during the night and did
                             not find the Holy Prophet (ṣallallāhu ‘alayhi wa sallam) by her side
                             and she was perturbed. She tried to trace him here and there, and
                             thought perhaps he had gone to one of his other wives, but found
                             him offering prayers. This shamed her and she said, “My parents
                             be scarified for you (An Arabic expression of love). I was thinking of
                             something else and you are busy in something else.”
                          Another had th narrated by ’ishah (raḍyAllāhu ‘anha) as recorded
                             in the Musnad of Im m A mad states that the (ṣallallāhu ‘alayhi wa
                             sallam) used to kiss ’ishah (raḍyAllāhu ‘anha) and then go to pray
                             at the masjid without renewing his ablution. This is also in Sunan
                             Abu D w d, but this narration is weak.
      -   Ibn ‘Abb s states that whenever lamastum is used by All h in the Qur‘ n in reference
          to males and females, it specifically means sexual intercourse. Indeed, All h is
          Modest and Generous, He uses metaphors and does not name such things directly.

 4-   Is mani (sperm) pure or impure?

      -   There is a difference of opinion:

      a. The vast majority of the sahabah (Ali b. Abi Talib, ’ishah, Sa’d b. Abi Waqqas,
           Abdullah b. ‘Umar), the tabi‘ n (Sa’ d b. Musayyab) and the scholars (Im m Al’Sh fi‘ ,
           Im m A mad, Ibn Mundhir, Ish q b. Rahawayh) say that it is pure. The human
           being is made of pure material and it is similar to the stuff that comes from the
           nose, or mouth.
                i. Their evidence is the had th of ’ishah (raḍyAllāhu ‘anha), “I used to scratch
                    the semen off the Messenger of All h's (ṣallallāhu ‘alayhi wa sallam) clothes if
                    it was dry, and wash it off if it was still wet” (Al’Daraqutni, Abu ‘Awanah and
                    Al’Bazzar).
               ii. Narrated by ’ishah, “When I saw (dried) semen on the garment of the
                    Messenger of All h (ṣallallāhu ‘alayhi wa sallam), I simply scraped it off, and he
                    (ṣallallāhu ‘alayhi wa sallam) offered prayer while wearing those garments
                    (Sah h Muslim: 566).
              iii. This is the strongest opinion.
      b. Some say that it is impure (Abu Han fah, Sufy n Al’Thawri, Im m M lik)
 5-   If I find a stain on the bed after intercourse, do I have to wash it?
      - No; this is based on the answer from above. Unless the stain is from madhi not
           mani, then it doesn’t need to be removed; however, it is from pure etiquettes and
           cleanliness to remove all stains from the bed and sheets.
 6-   If I take a bath or swim, would that suffice as ghusl?
      - Yes, if you have the intention of purification.
 7-   If I stand under the shower so that water runs all over my body, would that be
      sufficient for ghusl?
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       -    Yes, but also rinse the mouth and the nose (as part of the face) to be on safe side,
            and must have the intention of purification.
 8-    Are ghusl and showers sufficient substitutes for wuḍ ’?
       - If you’re taking a shower after jan bah, ayḍ or jummu‘a, you don’t need to make
            wuḍ ’ since ghusl with the intention to pray is what is required, but if one takes
            the daily regular shower, it doesn’t cover wuḍ ’ unless you make wuḍ ’ or make the
            intention to be ready for a al h.
       - Some ‘ulem say no, the intention is not enough, you must do the action so just be
            on the safe side and make wuḍ ’ along with the shower.
 9-    Do women have to do ghusl for Jumu‘ah?
       - If they’re going for jumu’a prayer then it is recommended, otherwise they do not
            have to
 10-   If I have my hair in a bun, do I have to undo the bun?
       - No, as long as the water reaches all the way to the roots of your hair.
            o Narrated by Muslim from Umm Salamah (raḍyAllāhu ‘anha) who said: I said: O
                Messenger of All h, I am a woman with tightly braided hair; should I undo it for
                ghusl from jan bah? He said: “No; it is sufficient for you to pour three handfuls
                of water over your head, then pour water over you, and you will become pure.”
                According to another report: Should I undo them for (ghusl following) menses
                and jan bah? He said: “No” (Sah h Muslim: 330).
 11-   As for ghusl after menstruation, there is a difference of opinion, according to Ibn
       ‘Umar, a woman has to undo her braids.
       a. In the had th of ‘Ubayd b. ‘Umayr, who said: “ ’ishah heard that ‘Abdullah b. ‘Umar
            was commanding women to undo their braids when they did ghusl. She said, ‘This is
            very strange on the part of Ibn ‘Umar! He is telling women to undo their braids
            when they do ghusl – why doesn’t he tell them to shave their heads?! The
            Messenger of All h (ṣallallāhu ‘alayhi wa sallam) and I used to do ghusl using one
            vessel, and I never did more than pour water on my head three times’” (Sah h
            Muslim: 331).
 12-   Would a gynecological check break the wuḍ ’?
       - No, it does not break the wuḍ ’ even if the doctor puts cream or medicine in there
       - The doctor’s wuḍ ’ would also not be broken since they would be wearing gloves
            anyway and there is no lust attached to it.
 13-   If I have creams or oils in my hair/lotion on body, do I need to wash them out before
       wuḍ ’?
       - If the cream or oil is impermeable to water, then yes.
            o That’s why nail polish is not allowed; it prevents you from touching the nail. If
                the cream is permeable to water and one can feel the hair/skin, then wiping is
                sufficient.
 14-   Can I make wuḍ ’ while wearing makeup (foundation, blush, mascara, nail polish, etc.)?
       - If you cannot feel the original hair or skin then you have to remove it. If it is water-
            proof/impermeable then you have to remove it. Otherwise, if it is permeable and
            water can reach the skin, then it is permissible.
 15-    Can a bride make tayammum so as not to mess up her makeup?
       - In the time of Prophet the women would decorate themselves with henna and kuhl,
            and they made wuḍ ’ with it. In our times exorbitant prices for bridal dressup does
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          not justify playing around with shar ‘ah. She has to make wuḍ ’ for prayers and
          tayammum is not allowed in the presence of water.
 16-   Does touching the private parts break the wud ’?
       - As long as it was without lust then it does not break the wuḍ ’ according to Im m
          M lik, and Ibn Taymiyyah
 17-   Does one ghusl for multiple reasons suffice?
       - E.g she had a wet dream, and end of menstruation, or Friday prayer and end of
          menstruation. Yes, absolutely!
       - Only Hasan Al’Basri, and Ibrahim A’Nakha‘i disagreed and said one has to make
          ghusl for each reason separately. But this is not strong opinion.
 18-    Can a woman read Qur‘ n during her menses?
       - All narrations that state that women are not allowed to read the Qur‘ n in her
          menses are weak or very weak. There are no authentic narrations on this issue.
       - All 4 of the madh hib (Hanafi, Sh fi‘ , Hanbali, M liki) say that she is not allowed to
          read the Qur‘ n while in her menses.
           o The had th of Ibn ‘Umar (raḍyAllāhu ‘anhuma), according to which the Prophet
              (ṣallallāhu ‘alayhi wa sallam) said: “The menstruating woman and the one who is
              in a state of impurity (jan bah) should not recite anything of the Qur‘ n.”
              (Reported by Al’Tirmidhi, 131; Ibn M jah, 595; Al’D raqutni (1/117); Al’Bayhaqi,
              1/89). This is a da‘ f had th.
           o Menstruation is seen analogically as coming under the rulings that apply to one
              who is junub (in a state of impurity following sexual intercourse), because both
              states require ghusl. This is based on the had th narrated by ‘Ali b. Abi Talib
              (raḍyAllāhu ‘anhu), according to which the Messenger of All h (ṣallallāhu ‘alayhi
              wa sallam) used to teach the Qur‘ n and he never prevented anyone from
              learning it except those who were in a state of jan bah (impurity).” (Reported
              by Abu Daw d, 1/281; Al-Tirmidhi, 146; aA-Nas ‘i, 1/144; Ibn M jah, 1/207;
              A mad, 1/84; Ibn Khuzaymah, 1/104. Al-Tirmidhi said: a Sah h hasan hadit)
       - Other opinion of the majority: yes, she is allowed to read Qur‘ n. This is the opinion
          of Im m M lik, and one opinion narrated from Im m A mad; the old position of
          Im m Sh fi‘ , the opinion of Ibn Hazm, Al’Bukh ri and other Ahl’l had th; the
          opinion which Ibn Taymiyah preferred and which Al’Shawk ni believed to be
          correct.
           o Their evidences:
                    The principle is that things are allowed and permitted unless there is
                       evidence to the contrary. There is no such evidence to say that a
                       menstruating woman is not allowed to recite Qur‘ n. Shaykh Al’Islam Ibn
                       Taymiyah said: “There is no clear, Sah h text to indicate that a
                       menstruating woman is forbidden to recite Qur‘ n. It is known that
                       women used to menstruate at the time of the Messenger of All h
                       (ṣallallāhu ‘alayhi wa sallam), and he did not forbid them to recite Qur‘ n,
                       or to remember All h (dhikr), and offer du‘ .”
                    The analogy doesn’t make sense because jan bah cannot compare to
                       something All h decreed upon the daughters of dam and you have no
                       control over! The one who is in a state of jan bahh has the option of
                       removing the “barrier” by making ghusl, unlike the menstruating
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                        woman. A woman’s period usually lasts for some length of time, whereas
                        the person who is in a state of jan bah is required to do ghusl when the
                        time for prayer comes. If any analogy is needed then a menstruating
                        women should be compared to one who does not have wud ’, and since
                        the latter is allowed to read Qur‘ n so can the menstruating woman.
                    The Prophet (ṣallallāhu ‘alayhi wa sallam) told ’ishah when she had her
                        menses during ajj: “Do the same as the pilgrims do, but do not make
                        taw f around the House” (Sah h Al’Bukh ri: 294 and Sah h Muslim: 1211).
                        Most of the hujjaj read Qur‘ n, and if it is not allowed in menstruation
                        the Prophet would have explicitly clarified that to his wife, ’ishah.
        a. The fact that Prophet Mu ammad (ṣallallāhu ‘alayhi wa sallam) sent messages to the
           kings of Byzantium and Persia, etc. which had verses of Qur‘ n in it (“O People of
           the Scriptures! Come to a word common to you and to us that we worship none but
           All h and that we associate nothing in worship with Him, and that none of us shall
           take others as Lords beside All h. Then if they turn away, say: Bear witness that we
           are Muslims (those who have surrendered to All h). (‘Ale-‘Imr n: 64).” He (ṣallallāhu
           ‘alayhi wa sallam) knew full well that these people were going to be in a state of
           Janā ah since they were kuff r.
 19-    Can a menstruating woman touch the muṣ af?
        - There is difference of opinion amongst ‘ulem on this issue
           o She is not allowed to touch the mu af with her bare hands. This is the position
               of all 4 madh hib, Ibn Taymiyyah, Shaykh Bin B z, Shaykh Uthaym n, and
               others.
           o The Iraqi scholars and Ibn Mundhir, and the Dh hiriyyah say that she is allowed
               to touch mu af. This is also the chosen opinion of Shaykh Waleed Basyouni,
               Im m Al’Shawkani, Ibn Jawziy, Im m Qurtubi, Al’Sha’bi, and it is attributed to
               Ibn ‘Abb s as well. Their evidences are
        - Having wud ’ to touch the Qur‘ n is recommended, not w jib.



 It is surely the Noble Qur‘ n (recorded already) in a protected book [the Preserved Tablet] that
                             is not touched except by the purified ones.
                                          (Al’W qi ‘ah: 77-79)
             o Ibn ‘Abb s interpreted “Al’Mutahhar n” as angels, since if it was addressed to
                 humans it would have been “Al’Mutatahhar n.”
         - There are no authentic narrations regarding this topic. All narrations not
             permitting touching except the t hir are weak.
         - The Had th: no one should touch the Qur‘ n except the pure: Al’Tabar ni and others
             record from Ibn ‘Umar that the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “No one
             but the pure (t hir) shall touch the Qur‘ n.”
             o Individually speaking, all of the chains of this had th are defective. Im m
                 Al’Daraqutni declared it weak on the basis that in the chain there is Sulayman b.
                 M s who is a weak narrator and also in it there is Ibn Jurayj who did not state
                 clearly that he heard the had th directly from his shaykh so this chain is broken
                 (tadl s).
32                                         COMPLICATED: A to Z of Women’s Modern Fiqh

            o     he word tāhir is mushtarak (a homonym). The Prophet (ṣallallāhu ‘alayhi wa sallam)
                told Abu Hurayrah, “The believer does not become impure” (Sah h Al’Bukh ri
                and Sah h Muslim).
        - Another had th of Hakim b. Hiz m on the topic is also weak. Even if there are
           narrations that are asan due to supporting evidences, they would only prove that
           it is recommended to have wud ’ to touch the mu af.
        - So in conclusion you can touch and you can read. If you have to read, review, teach,
           give halaqah, etc, there is no need to wear gloves or have a barrier, but if you want
           to be on safe side then it’s okay.
 20-    Can a woman make adhkār while on her menses?
        - Absolutely yes, even if they include Qur‘ nic verses.

 B) Rules Relating to ayḍ (menstruation), sti āḍah (bleeding outside of menstruation), and
 Nifās (post-partum bleeding)
 Menstruation:
         - No matter how much this topic is explained, you will still always be confused
             because women have been confused about it for a really long time!
             o Im m A mad took 9 years to understand this issue.
             o The women in Mad nah would send pieces of cotton to ’ishah for her advice
                     Shyness did not stop them from learning.
         - It is a matter of utmost importance since the acts of worship ( al h and fasting) are
             attached to purity and negligence in it is sinful.

 Definition of Menstruation/ ayḍ:
 The definition given by Muslim scholars and jurists for menstrual bleeding and post natal
 bleeding (nif s) is a little different from the medical definition.
         - Menstruation: is the blood that the female naturally releases without any external
            intervention, accident or disease, and during certain specific times, on a regular
            basis, from puberty until menopause.
         - Menses typically occurs between the ages of twelve and fifty although a woman
            may have it before or after depending upon her family history/genetic makeup,
            condition and environment. There is no proof in shar ‘ah to give cut-off limits of
            age. This is the opinion of Im m Al’D rimi and Ibn Taymiyyah that menstruation
            can occur at any time, because All h defined ayḍ by blood and not by age. When
            the blood comes, ayḍ starts and when it stops, it is an indication of purity.
         - There is a great deal of dispute amongst the scholars regarding the length of time
            (number of days) for which a woman is considered to be in ayḍ. The strongest
            opinion is that there is no limiting number of days for the existence of ayḍ
            regardless of whether the bleeding is light or heavy because All h has attached it
            with the blood. In all likelihood, this is the correct opinion because it is
            substantiated by evidences from the Qur‘ n, Sunnah, and good analogy.
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COMPLICATED? A to Z of Women's Modern Fiqh
COMPLICATED? A to Z of Women's Modern Fiqh
COMPLICATED? A to Z of Women's Modern Fiqh

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COMPLICATED? A to Z of Women's Modern Fiqh

  • 1.
  • 2. 2 COMPLICATED: A to Z of Women’s Modern Fiqh Table of Contents 3- Introduction 5- Chapter One: Rulings Related to Female Newborns and Children A. Virtues of Having Daughters B. Naming the Child C. The ‘Aqīqah D. The Shaving of the Hair E. The Urine of the Female Infant F. Circumcision G. Photography, Paintings, and Sculptures H. Chijdpel’q Tmwq I. Sleeping Arrangements J. Clothing K. Signs of Puberty 22- Chapter Two: Rulings Related to Worship which are Specific to Women A. Rulings related to ah rah, ’, and Ghusl B. Rules Relating to Ḥayḍ (menstruation), ḍah (bleeding outside of menstruation), and s (post-partum bleeding) C. Rulings related to h n, q mah, a h, and Dhikr D. The Rulings Related to a ’ z (Funerals) and a -Ḥ d (Mourning) E. The Rulings Regarding a h, adaqah, awm, and Ḥajj 67- Chapter Three: The Rulings Related to Clothing and Beautification A. General Guidelines Regarding Clothing and Beautification B. Rsjilgq Regapdilg Wmkel’q Cjmrhilg C. Beautification 81- Chapter Four: Rulings Related to Social Interaction A. Important Qualities of the Muslim Woman B. Rulings Regarding the Dealings of Women with Non-Relative Males C. Rulings Regarding the Dealings of a Woman with her Family D. The Ruling Regarding the Muslim Woman with her Friends 97- Chapter Five: Rulings Related to the Role of Women in Society A. The Ruling Regarding Leaving the Home B. Education of Women C. Wmkel’q Papricinariml il Da‘wah D. Wmkel’q Papricinariml il rhe Wmpifmpce E. Wmkel’q Papricinariml il Pmjiricq
  • 3. 3 COMPLICATED: A to Z of Women’s Modern Fiqh Introduction - In the final days of his battle against Al’Hajjaj, Abdullah b. Al’Zubayr came to Asm ’ bint Abi Bakr to seek advice. She told him to continue on his path if he thought he was in the right. After he left, she said: “Whatever, O All h, You decree for my son, I am pleased with it!” - Al’Khans ’ lived before the Prophet declared his message. She lost her brother in one of the battles pre-Islam and, in her grief, she said poetry after poetry - thousands of lines - for her brother, and she would go in the streets reciting them, crying and tearing at her clothes. This same woman, during the battle of Al’Qadisiya, she had 4 sons, and they were all in the battle, and she was there with her sons. She gathered them before the battle and said: My sons, you’re all from one man. You all belong to whom you carry his name…I want you all to know that you have 2 options: gain victory, or die before you give up. Don’t ever turn your back and be defeated. o She lost her 4 sons in the battlefield, and all she said was: Alhamdulillah who honored me to be the mother of 4 shuhadah.  This religion made women to be very different from what humanity knew at that time. - Umm ‘Ik rah, Nas bah bint Ka’b (raḍyAllāhu ‘anha): the Prophet (ṣallallāhu ‘alayhi wa sallam) told us her story. In a time when the Prophet (ṣallallāhu ‘alayhi wa sallam) could not find anyone to protect him – the Battle of Uhud – amongst the 2-3 people protecting him was Umm ‘Ik rah. The Prophet (ṣallallāhu ‘alayhi wa sallam) said: Every time I looked to the left or to the right or behind me or in front of me, I saw this woman. She put every part of her body in front of mine to protect me! o She said: a horseman was coming with full force to attack the prophet. I put my body in front of the Prophet (ṣallallāhu ‘alayhi wa sallam) and he hit my shoulder. The wound was so strong it kept bleeding for a whole year after that. When the Prophet (ṣallallāhu ‘alayhi wa sallam) saw that, he prayed: Oh All h! Make this woman and her 2 sons my company in Jannah. o She said: The man insisted on coming back, so I took a spear and hit his horse and when his horse fell, I came, hit him, and sent him straight to hell!  In a time of comfort, everyone looks perfect. Your value will be determined in the time of confusion and turmoil, and challenge. o Later, one of Umm ‘Ik rah’s (raḍyAllāhu ‘anha) sons were captured by Musaylimah Al’Khath b, during the time of Abu Bakr (raḍyAllāhu ‘anhu). She said, my commitment to this religion did not die with the Prophet. She shook the doors of the castle of Al-Khath b to defeat him. He injured her, and she lost her hand trying to fight him. She didn’t die there; she returned and died in her bed in Mad nah. Abu Bakr and ‘Umar (raḍyAllāhu ‘anhuma) visited her and congratulated her on her commitment to this d n; that she may have lost one of her limbs now, but it is just waiting for her in Paradise. - The Muslim woman has never, throughout the history of Islam, taken a second class citizen’s role. They were there with the An r when they came to offer the prophet (ṣallallāhu ‘alayhi wa sallam) protection. They are not meant to be role models only to sisters but also to brothers; all believers as All h says in the Qur‘ n:
  • 4. 4 COMPLICATED: A to Z of Women’s Modern Fiqh And All h presents an example of those who believed: the wife of Pharaoh, when she said, “My Lord, build for me near You a house in Paradise and save me from Pharaoh and his deeds and save me from the wrongdoing people.” (Al’Tahr m: 11) o She is part of the society. She is a nation builder, just like men. - One of the scholars of the time of Im m M lik was Hafsa bint Sir n, the sister of Mu ammad b. Sir n. - Aisha (raḍyAllāhu ‘anha) was 18 years old when the Prophet passed away. Anytime the companions had a conflict in understanding, they would ask her, and they would find their answer in her knowledge. - A Muslim woman is always an example when it comes to her ‘ib dah and her relationship with All h. Al’ asan Al’Basri was the famous worshiper. When asked about his role model, he said: “Mun bah.” He used to visit her, and even her daughter was righteous. When he was told her daughter was about to die, and he saw this young girl about to die, he was moved. She said to him: Uncle, I see my youth coming to an end and I have not yet fulfilled my desire of worshiping All h. - The woman who doesn’t know much of the Qur‘ n; the woman who her main concern is the recent fashion and what the latest music is; she doesn’t know what modesty is – how can she produce Abu Bakr and Khalid b. Wal d and Hafsa bint Sir n and Ibn Taymiyyah! The first step toward that direction is to know your d n. Worship All h based on His n r and hud , and don’t let anyone manipulate and control you. The only thing that controls us is the d n of All h! This issue of women’s fiqh is a part of Islam. - Im m A mad: I spent 9 years of my life studying al’ ayḍ. After that, I could tell you I mastered the chapter. o If he had to study so long to master one topic, this must definitely be a complicated issue! - The Muslim scholars, especially the classical scholars, are so much more liberal in their views toward women than we are today. The scholars today are way more balanced in their opinions about women than the students of knowledge, young scholars, and laypeople.
  • 5. 5 COMPLICATED: A to Z of Women’s Modern Fiqh Chapter One: Rulings Related to Female Newborns and Children A. Virtues of Having Daughters To All h belongs the dominion of the heavens and the earth; He creates what He wills. He gives to whom He wills female [children], and He gives to whom He wills males. (Al’Shu‘ar : 49) - You should not be upset at whatever All h gives you. You don’t know where the khayr will come from. - ‘ ’ishah reports that the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said, “Whoever was given any female children and took good care of them, they will be a shield for him from the Hellfire” (Al’Bukh ri and Muslim). o This is only for the female child. Any number of them. - J bir reports that the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said, “Whoever has three girls, takes good care of them and is merciful with them, he deserves nothing less than Jannah.” They asked, “Oh, Messenger of All h, what if they are two?” He replied, “Even if they are two.” Some narrators added that if the Prophet had been asked about one, he would have also affirmed that (Al’H kim’s Mustadrak). o 1. Take good care of them; 2. Have mercy on them. - Why did the Prophet (ṣallallāhu ‘alayhi wa sallam) start with 3? o Because people may get frustrated seeing girl after girl, and no boy coming. But the more, the thicker your shield is from the hellfire if you are patient with them. o In the Sunan, there is an authentic narration that the Prophet also included 1 himself. - In another narration, “(If one has) three or two daughters or sisters, then he is conscious of All h in his care for them and treats them well, but that he will enter Jannah” (Al’Tirmidhi) o Even sisters, whom he has to raise and take care of. - The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Whoever takes care of two young girls until they reach maturity, he will come on the Day of Resurrection with me, like this,” and he joined his fingers together (Muslim). o Women were tougher to raise. - The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Whoever has a female child and he does not kill her, disrespect her, and he does not favor his son over her, then All h will enter him into Jannah” (Abu D w d).
  • 6. 6 COMPLICATED: A to Z of Women’s Modern Fiqh And when one of them is informed of [the birth of] a female, his face becomes dark, and he suppresses grief. He hides himself from the people because of the ill of which he has been informed. Should he keep it in humiliation or bury it in the ground? Unquestionably, evil is what they decide. (Al’Nahl:58-59) o It was not a common practice otherwise the Arab race would have vanished long ago; it was only done in certain circumstances. o It could also mean bury her talents, and her soul; to suffocate her and abuse her. - Girls are blessings and sons are tests . Whenever al’Im m A mad’s son used to give him the news of getting a baby girl, he would say, “The prophets were fathers of girls.” B. Naming the Child - There is no narration indicating the superiority of any particular female name. o The default ruling: all names are permissible. - The Prophet (ṣallallāhu ‘alayhi wa sallam) changed the names of some girls. He changed ‘ siyah (disobedient) to Jam lah (beautiful). He changed Barrah (righteous) to Juwayriyyah and Zaynab. o These, plus the names of his daughters, are the 7 names Ras l’ll h (ṣallallāhu ‘alayhi wa sallam) ever chose for females. But these are not recommended in that they carry blessing in and of themselves. None of the companions understood that this was a recommendation to use these names. He did not choose the names for a religious reason. The names of Prophet Mu ammad’s (ṣallallāhu ‘alayhi wa sallam) daughters: Zaynab Ruqayyah Umm Kulth m F ṭimah The governing rules in the area of naming are: 1- All names are mu ā (permissible) unless there is a particular proof indicating that it is forbidden or recommended. 2- The meaning of the name must be acceptable religiously, linguistically, and culturally. - Religiously: certain names the shari’ah says is bad e.g Ibl s, or La’na (curse), or Q r n, Fir‘awn, and H m n (evil people mentioned in the Qur‘ n), or Rama (Hindu god).
  • 7. 7 COMPLICATED: A to Z of Women’s Modern Fiqh - Linguistically: ‘Umar (raḍyAllāhu ‘anhu) forbade the name: ‘ siyah – sinner or wrongdoer – but it also depends on the culture o Culturally: Crazy in English is crazy and Crazy in Arabic = “red/rosy-cheeks” o Some names in Arabic might sound very wrong in English! - Therefore we have make sure we know what the name means when we choose it 3- It is disliked to give a name that is self-praising. - It has an indication in it that makes the person special and higher than others e.g. Barrah. - It is not har m, but it is not recommended because the Prophet said: don’t name your sons these 4 names, including the name Rabbah, but he also had a servant by the name of Rabbah, and did not require him to change it. Frequently Asked Questions: 1- When is naming a girl necessary? - Some scholars said to wait until the 7th day; however, Anas b. Malik reported that the Prophet Mu ammad (ṣallallāhu ‘alayhi wa sallam) said: “A child was born into me this night and I named him after the name of my father Ibrahim” (Sah h Muslim). o He named him that same night - So why did the scholars say the 7th night? Because Raq j’jj h (ṣallallāhu ‘alayhi wa sallam) said, “In the seventh night, name wmsp chijd ald qhate hiq head.” o So the explanation of the scholars is that you have to name him by the 7th o According to this, you may name the baby as soon at the baby is born but you must do it before the 7th day o This is what the scholars decided upon when looking at both had rhs 2- Can a name be changed later? - Yes, but if changing it will upset your parents or affect them negatively in any way, then no because not hurting them is more important. This is unlesq ir’q a peajjw keqqed sn lake - This refers only to the first name. The last name, or family name, is never allowed to be changed in Islam unless there is necessity because you must keep your lineage. - In some cultures, umkel chalge rheip jaqr lake rm rheip hsqbald’q jaqr lake, rhiq iq lmr allowed in Islam because jj h cursed those who change their lineages. 3- Can I give my daughter a middle name? - If you want to then weq. Ir’q a csjrspaj rhilg. 4- pe pabic lakeq pecmkkelded Whar abmsr lakeq raiel fpmk rhe Qsp’ n? - No. There is no recommendation for any specific nake (fmp gipjq); ir’q a cultural thing. - Choosing a certain name doesl’r keal rhar qnecific lake cappieq bapaiah - Taken from the Qsp‘ l? Not all names in the Qsp‘ l are recommended, or even allowed o One example of a name in the Qsp‘ l that is not allowed is Iblis. C) The ‘Aqīqah - It is a sacrifice offered in gratitude to jj h for the blessing of a child - The Prophet (ṣallallāhu ‘alayhi wa sallam) qaid, “Whmetep uiqheq rm nepfmpk a qacpifice ml the occasion of a newborn, then he should sacrifice two sheep for his son and one for hiq dasghrep” ( j’Naq ‘i).
  • 8. 8 COMPLICATED: A to Z of Women’s Modern Fiqh - It was narrated from ‘Abdullah b. Buraydah, from his father that: “That the Prophet (ṣallallāhu ‘alayhi wa sallam) had made of the ‘aq qah of asan and the usayn one sheep for each one of them” (Sunan Al’Nas ‘i and Abu D w d). o Another narration of the above had rh said 1 for both. - It was narrated that the Prophet (ṣallallāhu ‘alayhi wa sallam) said: “Every child is connected to his or her Aqiqah” (Im m A mad). o What is the connection?  Ik k kad said: this child will not intercede for the parents if they (had the ability but) did not do the ‘ao qah.  Another opinion: the righteousness is connected to the ‘ao qah. If you are thankful to jj h, He will bless you; wms jmqe rhar if wms dml’r qhmw your gratitude.  Another opinion: this child will not receive the full protection of jj h until it is done  Shawih’q npefepelce: ir iq rhar rhepe iq ceprail gmmdleqq rhar jj h has for this child that will only be released if the ‘ao qah is done. Frequently Asked Questions: 1- Are there recommended days for offering an ‘aqīqah? What if it is difficult to perform it on the recommended days? - The 7th day (counted by not including the one the baby was born) - Or the 14th or the 21st (multiples of 7) - Or whenever you have the money 2- My daughter is an adult, and I did not perform an ‘aqīqah for her. Can I still do it? - Yes, you can 3- Should I perform an ‘aqīqah ml kwqejf if kw napelrq didl’r - Smke ‘sjek said you cannot because the ‘ao qah is a ruling related to your parents not wmspqejf. Bsr if wms dm ir ml behajf mf wmsp napelrq, rhar’q file because you are helping them fulfill something D) Shaving the Hair - It is not permissible to shave the head of a female child because shaving is of the specific characteristics for males. The Prophet (ṣallallāhu ‘alayhi wa sallam) said that the female who shaves her head is cspqed ( j’Bsih ri). o Shaving the head is something for men, not for women. o The had rh that mentions shaving rhe babw’q head qawq: “Etepw bmw…”  The had rh mentions ‘ao qah but otherq cmlfipk rhe ‘ao oah is for the female as well but there is no other evidence for shaving the gipj’q head. Frequently Asked Questions: 1- Iq ir nepkiqqibje rm qhate kw jirrje gipj’q haip rm iknpmte irq revrspe/rhicileqq - No, ir’q lmr ajjmued becasqe Raq j’jj h (ṣallallāhu ‘alayhi wa sallam) forbade shaving the head of the female.
  • 9. 9 COMPLICATED: A to Z of Women’s Modern Fiqh o This means for any other reasons like this, it is still not permissible to shave the head of a baby girl. E) The Urine of the Female Infant Umm Karz narrates that a male infant was rought to the Prophet (ṣallallāhu ‘alayhi wa sallam) and he urinated on him. He had water sprayed on it. A female infant was brought to him and urinated on him. He had it washed. (A mad) - Based on this, the scholars have said that the naj sah of a baby boy will be removed by sprinkling water, and the naj sah of a baby girl by washing. This is the majority opinion, and the opinion of Im m A mad, one narration of Im m M lik, and one narration from Im m Al’Sh fi‘ ; also of Im m Al’Awz ‘i, Im m Al’Thawri, Al’At ’, Umm Salamah, and ‘Ali (radiAllāhu anhuma) - However, the most famous narrations from Im m Al’Sh fi‘ , and Im m M lik disagrees. It says that there is no need to wash the female’s urine, and only spraying water is sufficient. Both infants’ urine is, by consensus, najas, but there are levels of naj sah. The naj sah of the ayḍ blood is different, and of a higher level, than that of vomit; feces is of higher naj sah than regular blood from a cut. The naj sah of the unweaned baby’s urine is mukhaffah (light), so spraying water is sufficient. They explained the had th of Umm Karz by saying that the amount of naj sah was intensified because it happened not once but twice, so after the second occasion, the cloth was now no longer t hir (pure) to be used. - Im m Abu Han fah says that both must be washed since he does not differentiate between the levels of naj sah. - However, there are other had ths that, when applied, makes the first opinion stronger i. The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “The urine of the male child is to be sprayed, and the urine of the female child is to be washed” (Abu D w d and Al’Tirmidhi). ii. The had th that an unweaned child who has not yet begun to eat, was brought to the Prophet, “The Prophet put him in his lap after a while the baby urinated in his lap. Then the Prophet called for some water, which he sprinkled over his clothes, and did not wash them completely” (Reported by Im ms Bukh ri and Muslim) iii. The Prophet (ṣallallāhu ‘alayhi wa sallam) also said: “The urine of a baby boy should have water sprinkled upon it. The urine of a baby girl is to be washed off” (Abu D w d, Al’Nas ‘i, and Ibn M jah) Note: This discussion is only for the unweaned baby, who feeds on breastmilk/formula only. Once they are weaned and/or eating solid food, then the consensus is that their urine is najas and must be washed for both genders. Frequently Asked Questions: 1- My daughter’s urine got on the bed and dried without washing. What is the ruling? - If it’s wet and you can still feel it, it must be washed. You can just use a wet towel to rub it until it’s clean.
  • 10. 10 COMPLICATED: A to Z of Women’s Modern Fiqh - If it’s dry and you cannot see the stain or smell or feel the naj sah, it has been purified. - If there’s any sign of it left (stain, smell, feel), it must be cleaned, even if it has been there for a long time 2- My daughter’s urine got on the carpet. Can I clean it using chemicals, or must I pour water on it? - You can use water or chemicals, anything that takes away the naj sah is permissible to use. 3- Is it enough to wash a dirty cloth diaper or sheet in a washing machine? Is it permissible to wash unsoiled items along with it? - Yes, washing will be sufficient (after removing any solid naj sah), and other unsoiled items can be washed along with it, because the washing machine has multiple cycles of running water to remove the naj sah 4- Does touching my daughter’s urine or feces break my wud ’? - No, it will not. 5- Can I carry my baby with a dirty diaper in al h? - This case has 2 scenarios: o You are aware of it or recognize through sensations of touch, smell, sight  Then you must put the baby down and you cannot pray while carrying them. If they start crying, break your al h, take care of the baby and then pray your al h, since khush ’ is an essential component of prayer. The early generations of jurists explained this through an example of someone holding a bottle of naj sah in his prayer; his prayer would be invalid, and the same analogy is used here. o You are not aware of it and cannot sense it  Then your prayer while carrying the baby is valid. (This is based on the had th narrated by Im m Al’Tirmidhi that the Prophet [ṣallallāhu ‘alayhi wa sallam] said “All h has forgiven my nation their mistakes, forgetfulness and being coerced to do something,” and we are not held accountable for what we were unaware of) 6- Does touching my baby’s private parts while cleaning them break my wuḍ ’? - There is difference of opinion amongst jurists as to whether touching one’s own, or others’ ‘awrah nullifies one’s wuḍ : o According to Im m Ibn Taymiyyah: In the case of children, neither touching their private parts nor touching their naj sah nullify your wuḍ . You only need to wash the hands, especially in the case of the mother/parent because they are constantly changing the child and requiring wuḍ will create undue hardship for parent and the shar ‘ah does not put unnecessary hardship; the goal of shar ‘ah is to bring ease.  Touching one’s own or other’s private parts without any barrier and without lust does not break one’s wuḍ , but touching with lust will break the wuḍ . This is the madhab of Im m Abu Han fah, too.  Their Proof: The had th of Talq b. Ali (radiAllāhu anhu) that states he asked the Prophet (ṣallallāhu ‘alayhi wa sallam) about someone who touched his private part during the al h, does he have to renew his wuḍ ? He replied: “It is just a part of your body” (Abu D w d, Al’Nas ‘i, At-Tirmidhi, A mad, and others).  This is also Shaykh Waleed’s chosen opinion
  • 11. 11 COMPLICATED: A to Z of Women’s Modern Fiqh o According to the opinion of Im m M lik, Im m Al’Sh fi‘ and Im m A mad, touching private parts without any barrier nullifies ones wuḍ , based on the had th Busrah bint Safw n narrated that the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Whoever touches his sexual organ cannot pray until he performs ablution.” [This had th is related by "the five." Al’Tirmidhi classified it as sah h and Im m Al’Bukh ri called it the most authentic report on that topic. Im m M lik, Im m Al’Sh fi‘ , Im m A mad and others also narrated it. 7- Is a baby’s vomit or spit-up impure? - The majority of Muslim jurists consider vomit as najas. Im m M lik differentiated between the contents of the vomit in terms of unaltered food, partly digested, and altered food o If vomit consists of unaltered food particles (i.e it has not been digested) then it’s not najas o If the food has been altered by digestion then it is a new entity that is considered najas - Ibn’l Qayyim made an exception for the vomit of babies and said that even if it is altered, it’s forgiven since to have to change or clean their clothing every time they need to pray would put undue hardship on the parents. 8- Can I perform ṣalā in clothing stained with breast milk? - Yes, because breast-milk is pure F) Circumcision - There is consensus amongst scholars that baby boys must be circumcised preferably before puberty. Otherwise at any age as soon as possible. - As for females, there is no authentic narration that states clearly that they should be circumcised. All narrations regarding this matter, which recommend circumcision for females, are weak narrations. o For example, the had th narrated by Umm Atiyyah Al’An riyyah: A woman used to perform circumcision in Mad nah. The Prophet (ṣallallāhu ‘alayhi wa sallam) said to her: “Do not cut severely as that is better for a woman and more desirable for a husband (Sunan Abu D w d, Book 41, Number 5251). Im m Al’Shawkani discusses the weakness of this had th, in his book Nayl Al’Awtar (1/137-139). o Al’H kim relates it in Al’Mustadrak from ‘Ubayd All h b. ‘Amr who narrates it from Zayd b. Ab Usayd from ‘Abd Al’M lik b. ‘Umayr from Al’Dahh k b. Qays that, in Mad nah, there was a woman called Umm ‘Atiyyah who used to circumcise the slave girls, so All h’s Messenger (ṣallallāhu ‘alayhi wa sallam) said to her: “O Umm `Atiyyah! Trim, but do not cut into it, for this is brighter for the face (of the girl) and more favorable with the husband” Ibn Hajar Al’‘Asqal ni discusses this hadîth as well in Al’ alkh s Al’ a r (4/1407-1408), and concludes that it is weak narration. - Abu Hurayrah says, “I heard the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) say, ‘Al’fiṭrah is in five: circumcision, shaving the pubic hair, trimming the moustache, trimming the nails, and plucking the underarm hair’” (Muslim).
  • 12. 12 COMPLICATED: A to Z of Women’s Modern Fiqh - The Prophet (ṣallallāhu ‘alayhi wa sallam) also said, “If the two circumcised parts meet, then ghusl becomes mandatory” (Muslim). o These are the only authentic a ad th related to this subject, but they are not explicit for females. Other narrations specifically reference female circumcision, but they are not authentic. - According to the majority of the fuqahā’, female circumcision is permissible with the condition that it is not harmful. And therefore, in an early age, it is not permissible since it would lead to physical harm, and later emotional and psychological stress. Female circumcision is merely a cultural practice that has no prescribed Islamic ruling for it and that is supported by no decisive textual evidence. It is simply a regional custom in the places where it is practiced (Africa: Egypt, Nubia, Sudan, and their surrounding areas). We must then take into consideration that many medical professionals consider it to have detrimental effects for the girls who undergo the operation. On that basis, it would be impermissible to allow this custom to continue. In Islamic Law, preservation of the person: the life and bodily soundness of the person, is a legal necessity. Anything that compromises this legal necessity by bringing harm to the person is unlawful. The ad th related to female circumcision was narrated via many different chains, all of which contain problems and are weak. They cannot be used as evidence. ‘A m b di in ‘Awn Al’Ma‘ d G) Photography, Paintings, and Sculpture - It is not permissible to hang images (pictures or sculptures) of any creation that has a soul breathed into them, or to venerate them. - The Prophet (ṣallallāhu ‘alayhi wa sallam) said that angels do not enter the home which has a dog, or an image (Sah h Al’Bukh ri and Muslim). If someone is doing rituals with it is even more evil as this is shirk. - Narrated Abu Talha: I heard All h's Apostle (ṣallallāhu ‘alayhi wa sallam) saying; “Angels (of Mercy) do not enter a house wherein there is a dog or a picture of a living creature (a human being or an animal)” (Sah h Al’Bukh ri 4:448). - The had th of ‘ ’ishah who said: “The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) came back from a journey and I had hung a patterned curtain on which there were images over (the door of) a room of mine. When the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) saw it, he tore it and said, ‘The most severely punished of the people on the Day of Resurrection will be those who tried to imitate the creation of All h.’” She said: “So I made it into one or two cushions.” Narrated by Al’Bukh ri: 5610; Muslim: 2107) o What did ‘ ’ishah do with the curtain? She used it for pillows and the scholars interpreted this as either the pillow filling or the pillow cover. The scholars interpreted this action as permissibility for images on articles of furniture, on the computer or in albums, and such places that are not primarily for the purpose of hanging. - Painting pictures, drawing pictures or making sculptures of a human or animal is not permissible unless it is for education or play. o The shar ‘ah definition of a picture is the image of a human or an animal with the details of the face. This is not permitted. The had th mentions “al’suratu al’wajh”-
  • 13. 13 COMPLICATED: A to Z of Women’s Modern Fiqh the picture is the face. Something that doesn’t show the face (like a side of a person or a group of people from a distance that does not show the details of face) is allowed o The imaginary figures that are unrealistic creatures(such as cartoon characters, dragons, Thomas the Train, Mickey Mouse, Batman, etc) and don’t have a r h are allowed. This is the opinion of Shaykh Bin B z. Since the Prophet (ṣallallāhu ‘alayhi wa sallam) defined a picture as “dh t al’r h” - that which possesses a soul. o It is allowed for the purpose of play or education such as coloring a picture of a person or on alphabet chart or if it’s in the form of toys, even if they are hung in the room. - The Prophet (ṣallallāhu ‘alayhi wa sallam) said that among the severest of people in punishment on the Day of Resurrection are those who make these images. (Sah h Al’Bukh ri) o Narrated by Abdullah b. ‘Umar (radiAllāhu anhuma) that All h's Apostle (ṣallallāhu ‘alayhi wa sallam) said, “Those who make these pictures will be punished on the Day of Resurrection and it will be said to them. ‘Make alive what you have created’” (Sah h Al’Bukh ri: 835). - Photography and videotaping are exempt from this rule. o It is allowed to have photos, videotaping, and so on because it is a reflection of the image that is exactly like looking at yourself in the mirror or in water. o Pictures drawn, taken, or even making shapes of human beings or animals is allowed in Islam provided they are made for some good purpose, even as play- things for children. o Pictures can be drawn in text books, drawing books, black boards, etc., to explain various subjects to students. o Pictures can be drawn or taken for scientific and technological research and education at colleges, universities and laboratories. o Human and animal models can be made for scientific research and education. o Medical fraternity can work on dead bodies of humans and animals for their education and research. They can record their findings by way of pictures. o Pictures can be taken and used for passports, identification cards, driver licenses, social security, and a host of other requirements. o Pictures of Islamic scholars or shuy k can be drawn or printed in books for the purpose of identification. H) Children’s Toys - ‘ ’ishah said, “I used to play with dolls with my friends. When the Prophet entered, they would leave, and when he left, they would come back” (Sah h Al’Bukh ri). - ‘ ’ishah said, “The Prophet (ṣallallāhu ‘alayhi wa sallam) came back from one of his trips, to either Tab k or Khaybar, and a wind came and blew a curtain covering a shelf where I had placed my toys. He asked, ‘What are those?’ I said, ‘Those are my dolls (ban ti).’ With them, he saw a horse with two wings. He asked, ‘What is this?’ I said, ‘A horse.’ He asked, ‘With wings?’ I told him, ‘Didn’t you hear that Sulaym n had horses with wings?’ The Prophet laughed until I could see his premolars” (Abu D w d). o She said: “banati” – my daughters or my dolls. o She was older and kept her toys, so if you want to keep your toys, it’s permissible.
  • 14. 14 COMPLICATED: A to Z of Women’s Modern Fiqh - Al-Rab ‘ bint Mu‘awwadh said relating the fasting of the Day of ‘ sh rā’: “And we used to take our children to the masjid (fasting). If they cried for food, we used to give them the toys we made out of cotton (in other narrations toys of wool/ dyed wool) to play with until ifṭār time comes” (Sah h Al’Bukh ri and Muslim) o Some modern scholars say the dolls today are different; they are made like the perfect human being and are imitating All h’s creation. o All the toys today are completely different! But the fact that sah bah had dolls shows us that any kind of toys (manufactured according to the prevalent technology) for the purpose of engaging children is allowed. o Another area to consider is what messages a specific toy gives children and whether you’d like them to receive those messages. What is important is to look at what this cartoon or image promotes or how it affects the kids – what are the ideas they represent. If the messages are unIslamic, then these toys are not permitted, such as the cartoons and toys which promote violence (as shown by research studies). - The default ruling regarding children’s toys is that all are permissible unless there is a specific reason forbidding the particular toy, such as an image of an idol, a representation of Shayṭān, a cross, etc. o We can pray in a place with images, and with the toys around. Bukh ri has an entire chapter on the permissibility of praying with pictures, proof that the Prophet prayed in Makkah while the Ka’bah had idols in it. The sah bah also prayed in churches. What is not allowed is to pray to the pictures so they should not be in front of you like a sutra. ACTIVITY: What are the best five toys for girls? Frequently Asked Questions: 1- Can I buy character dolls such as Barbie, Bratz, celebrity dolls, etc.? - It depends on what messages these dolls send your kids but to say they are har m is extreme. It is not generally recommended, and you’d better watch your children and raise them with Islamic principles of hay ’. - If they carry unIslamic messages such as holding a guitar, promotes shirk, having boyfriends, etc, it is har m. 2- Can I buy kids’ toys which contain music? - If it is not a musical instrument per se (such as a guitar), it is allowed, for the following reasons: o When you buy the toy, the music is not intended for itself o You can mute the toy - The scholars, in the books of fiqh, have differentiated between listening to music and hearing music. In a restaurant or public places, music is always there in the background, and we hear it accidentally, but going out of your way to buy and to listen to music is not allowed. o The proof to differentiate this is the had th: The Commander of the Faithful, ‘Umar b. Al’Khattâb, relates that he heard All h's Messenger (ṣallallāhu ‘alayhi wa sallam)
  • 15. 15 COMPLICATED: A to Z of Women’s Modern Fiqh say: “Actions are but by intentions and every man will have only what he intended. So whoever emigrated for All h and His Messenger, then his emigration was for All h and His Messenger. And whoever emigrated to attain something of this world or to marry a woman, then his emigration was for whatever reason he emigrated” (Sah h Al’Bukh ri and Sah h Muslim). - There is another rule in fiqh: There are certain things that, by itself, is har m but when it is a part of something else, it is allowed, e.g. blood is har m, but blood in meat is allowed, so a rare steak is allowed. This rule is applied in various areas. o So if the music is the secondary part of the toy, then it is allowed. o Music has now become something the shar ‘ah defines as “so common that it is hard to avoid and attached to things you need in your daily life” so the shar ‘ah goes easier on things like that. It is the culture that has changed ( there are conditions for the application of this rule so we cannot generalize to make the har m hal l e.g riba’, alcohol) 3- What are the rulings regarding watching cartoons and movies? - Watching cartoons and movies: o A lot of us have made that into their babysitters even at Islamic events. You basically just want to get rid of the kids and your responsibility toward them o Even if it is hal l, you have to limit the amount of TV your child is exposed to. It will kill so many good habits such as reading, and will promote wasting time. So many of these things also show shirk and har m e.g showing “god.” It reprograms how your kids think about, and see things. o It kills the time family spends together o A lot of kids gain weight while watching TV 4- Will it be allowed to let the kids take piano lessons - No, since music is not permitted. 5- What is the proof that for educational purpose painting images are allowed? - Toys for entertainment are allowed so for education takes precedence (qiy s al’awla) over entertainment. Similarly, they exempted newspapers and magazines in order to allow for education and information. I) Sleeping Arrangements - Children should be separated while sleeping at the age of ten. The Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Separate between them in their places of sleep at ten” (A mad). o They have different beds to sleep o If you cannot separate them, make sure when they sleep, each one has their own blanket. If you don’t have different blankets, they have to wear clothes that don’t reveal any of their ‘awrah. J) Clothing - ijāb is not obligatory upon pre-pubescent girls unless her body is fully matured. In that case, she should dress modestly. o If she is fully matured, she will attract male attention, and thus she must maintain ij b o It is not sinful if she didn’t reach age of puberty but it is always good to train them from early age
  • 16. 16 COMPLICATED: A to Z of Women’s Modern Fiqh - It is recommended to train girls in dressing modestly and wearing ijāb during their childhood, as we train them in praying from the age of seven. o The ‘ulem said that it is recommended because The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said: “Teach your children to pray when they are seven years old and smack them if they do not pray when they are ten years old, and separate them in their beds.” Narrated by Abu D w d (495) and classed as sah h by Al-Alb ni in Sah h Abi D w d. al h is not obligatory then but you still have to teach them. And to pray the girls should be trained to wear ij b. o When the Prophet (ṣallallāhu ‘alayhi wa sallam) saw a girl without ij b, he (ṣallallāhu ‘alayhi wa sallam) said: “Is this woman is mature (reach the age of puberty)? Then they said: “Yes Ras lillah!” Then he (ṣallallāhu ‘alayhi wa sallam) said: “So give her something to cover herself.” - It is recommended to train girls to be modest in their dress and behavior and in their dealings with the opposite gender. o Teach them to be modest at an early age! o There is an increasing percentage of assault and molestation of young children by their relatives or guardians; to the extent that even Muslim communities are not immune to it (the fashion gurus promote promiscuity from a young age). ACTIVITY: Share your first experience with ijā . - It was hard, - Feeling of being complete and liberated. - Happiness, tranquility, more respected, encouraged. - Connected to All h. Frequently Asked Questions: 1- Can small girls be dressed in short clothing? - Teach them to be modest at an early age; not to be sexy - What about clothing with images? Can I buy kids clothes with images on it? The prophet allowed images in clothes that are part of it. He forbade images unless it is a part of cloth. o The Prophet (ṣallallāhu ‘alayhi wa sallam) was given some clothes including a black Kham sah. The Prophet said, “To whom shall we give this to wear?” The people kept silent whereupon the Prophet said, “Fetch Umm Kh lid for me.” I (Umm Kh lid) was brought carried (as I was small girl at that time). The Prophet took the Kham sah in his hands and made me wear it and said, “May you live so long that your dress will wear out and you will mend it many times.” On the Kham sah there were some green or pale designs (The Prophet saw these designs) and said, “O Umm Kh lid! This is Sanah.” (Sanah in a Ethiopian word meaning beautiful) (Sah h Al’Bukh ri: 7.713). K) Signs of Puberty 1. Having wet dreams (bulugh al’hul m) 2. Menstruation (al’ ayḍ)
  • 17. 17 COMPLICATED: A to Z of Women’s Modern Fiqh 3. Pregnancy (if no other signs were apparent before) 4. Growth of coarse pubic hair - There is difference of opinion about this matter. o Im m A mad , Abu Yusuf (the main student of Im m Abu Han fah), one narration from Im m Al’Sh fi‘ , and Im m M lik accept it as sign. They base this on the Had th in which ‘Atiyya Al’Qurazi says, “The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) examined the Banu Qurayza and all who had pubic hair were killed according the judgment made by Sa’d b. Mu‘adh, but he was ashamed to kill those who had not yet grown pubic hair. I was among those whose hair had not grown, so they left me. Sa’d b. Mu‘adh gave a judgment on them that their fighters be killed and children captured. The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) said to him, ‘You have given the judgment of All h on them’” (recorded by The Four).  ‘Umar b. Abd’l Aziz mentioned that it is sunnah to consider a person adult after he has grown thick pubic hair based on this had th.  N fi’ related from Aslam from ‘Umar b. Al’Khattab: he wrote ordering the am rs of the armies to impose the jizya only on those upon whom razors were used [i.e. on pubic hair; meaning those who were adults]."  Sa’d b. Mu‘adh said that the Prophet (ṣallallāhu ‘alayhi wa sallam) said: “Whoever grows the hair in his or her private part should be treated like an adult” (Sah h Al’Bukhari). O you who have believed, let those whom your right hands possess and those who have not [yet] reached puberty among you ask permission of you [before entering] at three times: before the dawn prayer and when you put aside your clothing [for rest] at noon and after the night prayer. [These are] three times of privacy for you. There is no blame upon you nor upon them beyond these [periods], for they continually circulate among you - some of you, among others. Thus does All h make clear to you the verses; and All h is Knowing and Wise. (Surah Al’N r: 58) o Im m Abu Han fah, and some M liki scholars did not accept it as sign of puberty. Im m Al‘Sh fi‘ accepted it as sign of puberty for legal purposes, such as implementing hud d, and custody issues, but they did not accept it as sign of
  • 18. 18 COMPLICATED: A to Z of Women’s Modern Fiqh puberty for acts of worship. They base this on the basis that there is nothing explicit in Qur‘ n and sunnah. They did not accept the verdict of Sa’d b. Mu’adh for Banu Qurayzah since it was his personal ijtih d. - Though this matter is not very clear, Shaykh Waleed prefers the position of Im m A mad since there is some evidence for it. 5. Age: - There is difference of opinion concerning this issue o The vast majority of scholars consider reaching the age of 15 without any other signs showing first (Abdullah b. Wahb and Abdu’l M lik b. Al’Majish n among the people of M lik. It is the verdict of ‘Umar b. Abd’l Aziz, Al’Awz ‘i, Al’Sh fi‘ and a group of the people of Mad nah and the anbalis, Abu Y suf and Mu ammad b. Al’ asan). They make no distinction between the hud d and the obligation of acts of worship. They based this opinion on the had th of Ibn ‘Umar, “All h's Apostle (ṣallallāhu ‘alayhi wa sallam) called me to present myself in front of him or the eve of the battle of ‘Uhud, while I was fourteen years of age at that time, and he did not allow me to take part in that battle, but he called me in front of him on the eve of the battle of the Trench when I was fifteen years old, and he allowed me (to join the battle).” N fi’ said, “I went to ‘Umar b. Abd’l Aziz who was Caliph at that time and related the above narration to him, he said, ‘This age (fifteen) is the limit between childhood and manhood,’ and wrote to his governors to give salaries to those who reached the age of fifteen. Im m Al’Sh fi‘ said the Prophet (ṣallallāhu ‘alayhi wa sallam) did this to 18 companions, since he would not allow a child on battlefield (Sah h Al’Bukhari: 845). o Age of 18: (Abu an fah and the M likis) Im m Abu Han fah said that a girl, when she starts 18 year reaches puberty, and a boy reaches puberty at end of 18 years. The M likis say by 18 both genders are adults. They base this on the understanding of the verses 6:152 and 17:34 And come not near to the orphan’s property, except to improve it, until he (or she) attains the age of full strength; and give full measure and full weight with justice. We burden not any person, but that which he can bear. And whenever you give your word (i.e. judge between men or give evidence, etc.), say the truth even if a near relative is concerned, and fulfill the covenant of All h, this He commands you, that you may remember.
  • 19. 19 COMPLICATED: A to Z of Women’s Modern Fiqh And do not approach the property of an orphan, except in the way that is best, until he reaches maturity. And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.  They asked Ibn Abbas, what is the age of ashudda, and he said, 18 years. Frequently Asked Questions: 1- Until what age can I shower with my daughter? O you who believe! Let your slaves and slave-girls, and those among you who have not come to the age of puberty ask your permission on three occasions: before the Fajr prayer, and while you put off your clothes during the afternoon, and after the `Isha' prayer. (These) three (times) are of privacy for you; other than these times there is no sin on you or on them to move about, attending to each other. Thus All h makes clear the Ayat to you. And All h is All-Knowing, All- Wise./And when the children among you come to puberty, then let them (also) ask for permission, as those senior to them (in age) ask permission. Thus All h makes clear His Ayat for you. And All h is All-Knowing, All-Wise.) (Al’Nur: 58-59)
  • 20. 20 COMPLICATED: A to Z of Women’s Modern Fiqh And tell the believing women to lower their gaze, and protect their private parts and not to show off their adornment except that which is apparent, and to draw their veils all over their Juyub and not to reveal their adornment except to their husbands, or their fathers, or their husband's fathers, or their sons, or their husband's sons, or their brothers or their brother's sons, or their sister's sons, or their women, or their right hand possessions, or the Tabi‘ n among men who do not have desire, or children who are not aware of the nakedness of women. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg All h to forgive you all, O believers, that you may be successful.) (Al’N r: 31) - The kids who do not know about the ‘awrah of women (i.e. they do not know the sexual use of the ‘awrah, which, in our times, 5-year old kids are capable of understanding) they must be trained to shower on their own. Once they recognize the female ‘awrah, then they cannot take a shower with them and if they are non-mahram, then you must put ij b in front of them. o Some scholars mention that girls should be trained from age of 3 years to be modest and by 9 years they must shower independently. 2- Can my young daughter touch the Qur’ n without wuḍ ’? - Yes but she must know how to handle the mu af properly. Shaykh Bin B z said that children less than 7 years should not be allowed to handle the mu af without supervision, since they don’t know the value of it. If they can discern that, then it’s permissible for them 3- Can my young daughter combine maghrib with ‘ishā’ in order to sleep early and get enough rest for school the next day? - No, you cannot change the d n. They can sleep, wake up, pray, go back to sleep but you cannot change the d n for your child
  • 21. 21 COMPLICATED: A to Z of Women’s Modern Fiqh When ye pass (Congregational) prayers, celebrate All h's praises, standing, sitting down, or lying down on your sides; but when ye are free from danger, set up Regular Prayers. Indeed, such prayers are enjoined on believers at stated times. (Al’Nis ’: 103) - It is better to let them know the true religion and its significance; you cannot play with the shar ‘ah. And a child before puberty is not held accountable for her acts of worship. 4- Do young girls need to wear ijā while praying? - Encourage them to wear it while praying because Ras l’ll h (ṣallallāhu ‘alayhi wa sallam) commanded us to teach them how to pray at 7 and ij b is part of the prayer. They have to be trained to pray properly and even if they are unsteady and clumsy, it’s okay. A great tabi‘i scholar, At ’, was asked by his companions whether a young girl should be made to put ij b for prayer and he said, “No, as long as she is covered with an iz r.” 5- Is underarm hair a sign of puberty? - There is no proof for that. 6- Can I attend my friend or cousin’s delivery? - This is permissible as long as you do not see the ‘awrah. The husband can attend his wife’s delivery. Can the couples watch the movie of delivery process? For educational purposes like a medical documentary, but not as pornography. ~.~.~.~.~.~.~.~ .~.~.~.~.~.~.~.~ .~.~.~.~.~.~.~.~ ~.~.~.~.~.~.~.~.~.~.~.~.~.~ ~.~.~.~.~.~.~.~
  • 22. 22 COMPLICATED: A to Z of Women’s Modern Fiqh Chapter Two: Rulings Related to Worship which are Specific to Women The cardinal rule in this chapter is that females and males carry all the same rulings unless there is specific evidence proving otherwise because the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “Females are the other halves of males.” (A mad) A) Rulings related to ahārah, uḍ ’, and Ghusl 1- If a woman’s dress is long and drags and it (the lower edge of dress that touches the ground) gets dirty from walking outside, there is no need to change or wash it. Even if it touches something impure, the land will purify it unless you see a wet impurity, which must be washed. When asked by Umm Salamah regarding her clothes that drag, he (ṣallallāhu ‘alayhi wa sallam) said, “It will be purified by the land” (Abu D w d). The same rule applies to walking over carpet, tiles etc. That is forgiven because it would be difficult to always check and wash when impure. However, you cannot make analogy on this for other parts of clothes. 2- Internal vaginal wetness is pure according to the strongest scholarly opinions, as Al’Im m Al’Sh fi‘ stated. 3- Rulings regarding vaginal discharge: a. If the discharge (madhi) is a result of sexual emotions or activity without intercourse or an orgasm, it is impure and must be washed. The genitals and anything soiled must be washed. It breaks the wuḍ ’ and does not necessitate ghusl by the consensus of Muslim scholars. - You must wash, and change liner or underwear b. If the discharge (mani) is a result of intercourse, a wet dream, or an orgasm, then ghusl is necessitated. c. If the discharge is not related to sexual arousal, and is of natural secretion, then it is pure and does not break the wuḍ ’ according to the strongest opinion. The silence of the Shar ‘ah on this issue despite its common occurrence is an indicator of its purity. There is a difference of opinion amongst the scholars regarding the purity of this discharge. - The vast majority of the scholars say it is najas and women must clean themselves, and make wuḍ ’, and if touches her garments, she must change it. - Im m Al’Sh fi‘ and others said: it would be very hard for women and if it was najas, then Ras l’ll h (ṣallallāhu ‘alayhi wa sallam) should have advised it because it is common and the sah bi never asked about it. So their silence shows they considered it as pure. 4- The escape of trapped air from the vagina does not break the wuḍ ’. 5- A woman must perform ghusl after intercourse, regardless of whether there was any orgasm, discharge or not. The Prophet (ṣallallāhu ‘alayhi wa sallam) also said, “If the two circumcised parts meet, then ghusl becomes mandatory” (Muslim). This rule was the second stage. The first rule in the early days stated that only if you have an orgasm, then you make ghusl but this had th abrogates that rule.
  • 23. 23 COMPLICATED: A to Z of Women’s Modern Fiqh - Narrated Zayd b. Khalid Al’Juhani, I asked ‘Uthman b. ‘Affan about a man who engaged in the sexual intercourse with his wife but did not discharge. ‘Uthman replied, “He should perform ablution like that for the prayer after washing his private parts.” ‘Uthman added, “I heard that from All h's Apostle.” I asked ‘Ali b. Abi Talib, Al’Zubayr b. Al’‘Awwam, Talha b. ‘Ubaydullah and Ubay b. Ka’b and they gave the same reply (Abu Ayyub said that he had heard that from All h's Apostle). (This order was canceled by other had th so one has to take a bath) (Sah h Al’Bukh ri: 291). - Narrated Ubay b. Ka’b: I asked All h's Apostle about a man who engages in sexual intercourse with his wife but does not discharge. He replied, “He should wash the parts which comes in contact with the private parts of the woman, perform ablution and then pray.” (Abu Abdullah said, “Taking a bath is safer and is the last order”) (Sah h Al’Bukh ri: 292). - Narrated Abu Sa‘ d Al’Khudri: All h's Apostle sent for an An ri man who came with water dropping from his head. The Prophet said, “Perhaps we have forced you to hurry up, haven't we?” The An ri replied, “Yes.” All h's Apostle further said, “If you are forced to hurry up (during intercourse) or you do not discharge then ablution is due on you” (This order was canceled later on, i.e. one has to take a bath) (Sah h Al’Bukh ri: 180). 6- It is permissible to delay the ghusl for janābah until the time for prayer, but it is recommended to hasten to wash the private parts and make wuḍ ’. But if someone would feel lazy and hence risk missing a prayer then better to take ghusl immediately after. - Umar b. Al’Khattab (raḍyAllāhu ‘anhu) narrated that I asked All h's Apostle “Can any one of us sleep while he is Junub?” He replied, “Yes, if he performs ablution, he can sleep while he is Junub” (Sah h Al’Bukh ri: 285). - ‘ ’ishah (raḍyAllāhu ‘anha) narrated Whenever the Prophet intended to sleep while he was Junub, he used to wash his private parts and perform ablution like that for the prayer (Sah h Al’Bukh ri: 286). - Abu Hurayrah narrated that once the call (‘iq mah) for the prayer was announced and the rows were straightened. All h's Apostle came out; and when he stood up at his musAll h, he remembered that he was Junub. Then he ordered us to stay at our places and went to take a bath and then returned with water dropping from his head. He said, “All hu-Akbar,” and we all offered the prayer with him (Sah h Al’Bukh ri: 274) - The had th of ‘ ’ishah (raḍyAllāhu ‘anha) who said that the Prophet (ṣallallāhu ‘alayhi wa sallam) used to wake up in the mornings of Ramad n impure (junub) from having intercourse with his wives and would make ghusul after Fajr came in and continue his fast (Sah h Al’Bukh ri 2:232). 7- During ghusl for janābah, a woman must wash her hair with water reaching the roots of all hair. ‘ ’ishah (raḍyAllāhu ‘anha) said, “When one of us wanted to make ghusl from janābah, she would pour three handfuls of water onto her head…” (Sah h Al’Bukh ri). If a woman has her hair in braids, she does not have to undo them before ghusl, as long as the water reaches the roots, and it will wet your entire hair. - On the authority of ‘ ’ishah, Whenever any one of us was Junub, she poured water over her head thrice with both her hands and then rubbed the right side of her head
  • 24. 24 COMPLICATED: A to Z of Women’s Modern Fiqh with one hand and rubbed the left side of the head with the other hand (Sah h Al’Bukh ri: 276). - The ghusl of a woman is just like the ghusl of a man, but she doesn't have to undo her braids if the water can reach the roots of her hair, as was mentioned in the had th related by Umm Salamah (raḍyAllāhu ‘anha): A woman said, “O Messenger of All h, I am a woman who keeps her braid tight. Do I have to undo it when performing a ghusl for jan bah?” He said, “It is enough for you to pour three scoops of water over it, then pour water over your whole body, after that your purification is complete” (Muslim). o Ibn’l Qayyim said in Tahdh b Al’Sunan: This had th of Umm Salamah indicates that women do not have to undo their hair in order to do ghusl following jan bah. The scholars were agreed on this point, except for the reports narrated from Abdullah b. ‘Amr and Ibrahim Al’Nakha‘i who said that she has to undo it, but we do not know of anyone else who agrees with them. - Shaykh Ibn ‘Uthaym n said: The least that is required is that she should make the water reach every part of her body, even underneath the hair. It is best if it is done in the manner described in the had th of the Prophet (ṣallallāhu ‘alayhi wa sallam), when Asma’ bint Shakl asked him about ghusl following menses. He (ṣallallāhu ‘alayhi wa sallam) said: “One of you should take her water and lotus leaves and purify herself and purify herself well. Then she should pour water over her head and rub it vigorously, so that it reaches the roots of her hair, and pour water over herself. Then she should take a piece of cloth that is scented with musk and purify herself with it.” Asm ’ said: “How should she purify herself with it?” He said: ‘Subh n All h, let her purify herself with it.” ‘ ’ishah said to her: “She should follow the traces of blood” (Narrated by Al’Bukh ri and Muslim). 8- There is no difference between the ghusl of janābah and the ghusl after completion of menstruation ( ayḍ) or post childbirth (nif s) - Method of gusl o The sufficient method: Go under water and make sure the water reaches your entire body.  On the authority of Abu Salamah, ‘ ’ishah’s brother and I went to ‘ ’ishah and he asked her about the bath of the Prophet. She brought a pot containing about a s ’ of water and took a bath and poured it over her head and at what time there was a screen between her and us (Sah h Al’Bukh ri: 251).  On the authority of Jubayr b. Mutim, All h’s Apostle said, “As for me, I pour water three times on my head,” and he pointed with both his hands (Sah h Al’Bukh ri: 254) o The perfect method: wash hands; wash private parts (with something with a good smell / ashnan, like soap/shower gel); make wuḍ ’, then let water wash right side, then left side, and third time on top of head, and then let it run over the entire body. Only the Han bilah say rinsing the nose and mouth is also part of ghusl, since they are part of the face; others disagree.  On the authority of ‘ ’ishah, Whenever the Prophet took a bath after jan bah he started by washing his hands and then performed ablution like that for the prayer. After that he would put his fingers in water and
  • 25. 25 COMPLICATED: A to Z of Women’s Modern Fiqh move the roots of his hair with them, and then pour three handfuls of water over his head and then pour water all over his body (Sah h Al’Bukahri: 248).  On the authority of Maymunah (the wife of the Prophet): All h's Apostle performed ablution like that for the prayer but did not wash his feet. He washed off the discharge from his private parts and then poured water over his body. He withdrew his feet from that place (the place where he took the bath) and then washed them. And that was his way of taking the bath of Jan bah (Sah h Al’Bukh ri: 249).  On the authority of Maymunah, I placed water for the bath of the Prophet. He washed his hands twice or thrice and then poured water on his left hand and washed his private parts. He rubbed his hands over the earth (and cleaned them), rinsed his mouth, washed his nose by putting water in it and blowing it out, washed his face and both forearms and then poured water over his body. Then he withdrew from that place and washed his feet (Sah h Al’Bukh ri: 257). 9- It is permissible to wipe over the khimār during wuḍ ’ as it is permissible for men to wipe over a turban. In situation where it is difficult to remove or in public place, provided the khimār is put in state of ritual purity. If she is able to include wiping the forefront of her hair or back of her hair and then wipe over the khimār, that would be safer, since scholars saying wiping any part of hair while wiping over the khimār even if it’s 3 hairs. Al’Tirmidhi relates J bir with an authentic chain of transmission that J bir was asked about wiping over the socks and he said: “This is the Sunnah.” Then he was asked about wiping over the turban. He replied: “Wipe some hair with water.” - ‘Urwa b. Al’Mughira b. Shu’ba reported it on the authority of his father that he said: The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) lagged behind (in a journey) and I also lagged behind along with him. After having relieved himself he said: Have you any water with you? I brought to him a jar of water; he washed his palms, and face, and when he tried to get his forearms out (he could not) for the sleeve of the gown was tight. He, therefore, brought them out from under the gown and, throwing it over his shoulders, he washed his forearm. He then wiped his forelock and his turban and his socks. He then mounted and I also mounted (the ride) and came to the people. They had begun the prayer with ‘Abd’l Rahm n b. 'Awf leading them and had completed a rak‘ah. When he perceived the presence of the Apostle of All h (ṣallallāhu ‘alayhi wa sallam) began to retire. He (the Holy Prophet) signed to him to continue and offered the prayer along with them. Then when he had pronounced the salutation, the Apostle (ṣallallāhu ‘alayhi wa sallam) got up and I also got up with him, and we offered the rak‘ah which had been finished before we came (Had th 531, Kit b Al’Tah ra, Sah h Muslim). Frequently Asked Questions 1- Does a woman wipe her head during wuḍ ’ in the same way that a man does? - Yes, but only the hair over the head; anything beyond that, there is no need to wipe it either for men or for women.
  • 26. 26 COMPLICATED: A to Z of Women’s Modern Fiqh O you who believe! When you stand (intend) to offer the al h (the prayer), then wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to the ankles. If you are in a state of Jan bah, purify yourselves (bathe your whole body). But if you are ill or on a journey or any of you comes from the Gh ‘it (toilet) or you have touched women and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands. All h does not want to place you in difficulty, but He wants to purify you, and to complete His Favor to you that you may be thankful.) (Al’M ‘idah: 6) - Narrated by Abdullah b. Zayd(raḍyAllāhu ‘anhu): Once All h's Apostle came to us and we brought out water for him in a brass pot. He performed ablution thus: He washed his face thrice, and his forearms to the elbows twice, then passed his wet hands lightly over the head from front to rear and brought them to front again and washed his feet (up to the ankles) (Sah h Al’Bukh ri: 196). - Im m A mad said allowed for women only to wipe the front of her hair because ‘ ’ishah (raḍyAllāhu ‘anha) used to do so. o Method of wuḍ ’ of mother of believers ‘ ’ishah (raḍyAllāhu ‘anha): It is narrated from Abu Abdullah, whose name was S m and was famous as Sablan. ‘ ’ishah used to wonder at his trustworthiness and employed him for her works. He says, “Once ‘ ’ishah showed me how the Holy Prophet (ṣallallāhu ‘alayhi wa sallam) used to do wuḍ ’. She first gargled and put water in the nostrils thrice then washed the face thrice then washed the right arm thrice and the left arm thrice. Then she put her hand on her head and pulled it backwards once. Then she passed her hands over her ears and then over her cheeks. (Al’Nas ‘i; V.1; p.38) 2- Can I wipe over my socks if they are thin and transparent? - The strongest opinion says yes. 7 or 8 companions reported allowed wiping over socks and the companions’ socks were not perfect like ours, they were made of leather, and this includes thin socks. Khuffs (made of leather and its likes) and jawārab (socks made of cotton and its likes), shurrā (socks, stockings).
  • 27. 27 COMPLICATED: A to Z of Women’s Modern Fiqh - Im m A mad said, “There is no aversion in my heart to wiping. There are forty ahad th with regards to it from the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) and his companions’. - Conditions for wiping over socks o You must be in state of purity before wearing them o The socks must be clean/free of naj sah o They must cover the feet upto and including the ankles (so sports’ socks are not allowed since the ankles are uncovered) o Irrespective of whether the socks have holes in it or not, wiping is allowed for minor impurity only, and not for that which necessitates ghusl o The time limit is 1 day/24 hours for the resident and 3 days/72 hours for the traveler. 3- Does touching a male break your wuḍ ’? - The ‘ulem differentiated between touching and being touched since the verse says: “aw laamastumunnisaa” (Al’Nis ’:43; Al’M ‘idah:6). o So if a man touches a woman, his wuḍ ’ is broken but not the woman who was touched - However, touching or being touched, there is difference of opinion as to if it breaks you wuḍ ’: o The Shafi‘iyyah: Yes, any intentional touch with the opposite gender will break the wuḍ ’. o Abu Han fah: Any touching in any way does not break the wuḍ ’. o Majority: No it does not break wuḍ ’, unless the touch is done with lust (opinion of Im m M lik, Ibn Taymiyyah, and many others).  Their evidences are:  Narrated ’ishah (raḍyAllāhu ‘anha), the wife of the Prophet, “I used to sleep in front of All h's Apostle with my legs opposite his Qibla (facing him); and whenever he prostrated, he pushed my feet and I withdrew them and whenever he stood, I stretched them.” ’ishah added, “In those days there were no lamps in the houses” (Sah h Al’Bukh ri: 492).  In another narration ’ishah (raḍyAllāhu ‘anha) says: “One night I woke up and did not find the Messenger of All h with me. The apartments in those days did not have lanterns. So I searched with my hands, and the palm of my hand touched the bottom of his foot, while he was in Sajdah in the Masjid. He was saying, ‘Sub hon Qudusun Rabbil Mal ‘ikati wa’l R h’.”  ’ishah (raḍyAllāhu ‘anha) says, “I noticed the Messenger of All h was gone one evening from the bed, so I looked for him and my hand landed on the sole of his feet and he was in the masjid. They were close together and he was saying, ‘O All h I seek refuge with you, pleasure from your anger, and with your pardon, and from your punishment. I seek refuge with you from what is falsely attributed to you as praise. You are how you have praised yourself’”(Muslim: 486; Al’Daraqutni)
  • 28. 28 COMPLICATED: A to Z of Women’s Modern Fiqh o This had th also proves that in suj d, the feet should be close together.  ’ishah (raḍyAllāhu ‘anha) was awakened during the night and did not find the Holy Prophet (ṣallallāhu ‘alayhi wa sallam) by her side and she was perturbed. She tried to trace him here and there, and thought perhaps he had gone to one of his other wives, but found him offering prayers. This shamed her and she said, “My parents be scarified for you (An Arabic expression of love). I was thinking of something else and you are busy in something else.”  Another had th narrated by ’ishah (raḍyAllāhu ‘anha) as recorded in the Musnad of Im m A mad states that the (ṣallallāhu ‘alayhi wa sallam) used to kiss ’ishah (raḍyAllāhu ‘anha) and then go to pray at the masjid without renewing his ablution. This is also in Sunan Abu D w d, but this narration is weak. - Ibn ‘Abb s states that whenever lamastum is used by All h in the Qur‘ n in reference to males and females, it specifically means sexual intercourse. Indeed, All h is Modest and Generous, He uses metaphors and does not name such things directly. 4- Is mani (sperm) pure or impure? - There is a difference of opinion: a. The vast majority of the sahabah (Ali b. Abi Talib, ’ishah, Sa’d b. Abi Waqqas, Abdullah b. ‘Umar), the tabi‘ n (Sa’ d b. Musayyab) and the scholars (Im m Al’Sh fi‘ , Im m A mad, Ibn Mundhir, Ish q b. Rahawayh) say that it is pure. The human being is made of pure material and it is similar to the stuff that comes from the nose, or mouth. i. Their evidence is the had th of ’ishah (raḍyAllāhu ‘anha), “I used to scratch the semen off the Messenger of All h's (ṣallallāhu ‘alayhi wa sallam) clothes if it was dry, and wash it off if it was still wet” (Al’Daraqutni, Abu ‘Awanah and Al’Bazzar). ii. Narrated by ’ishah, “When I saw (dried) semen on the garment of the Messenger of All h (ṣallallāhu ‘alayhi wa sallam), I simply scraped it off, and he (ṣallallāhu ‘alayhi wa sallam) offered prayer while wearing those garments (Sah h Muslim: 566). iii. This is the strongest opinion. b. Some say that it is impure (Abu Han fah, Sufy n Al’Thawri, Im m M lik) 5- If I find a stain on the bed after intercourse, do I have to wash it? - No; this is based on the answer from above. Unless the stain is from madhi not mani, then it doesn’t need to be removed; however, it is from pure etiquettes and cleanliness to remove all stains from the bed and sheets. 6- If I take a bath or swim, would that suffice as ghusl? - Yes, if you have the intention of purification. 7- If I stand under the shower so that water runs all over my body, would that be sufficient for ghusl?
  • 29. 29 COMPLICATED: A to Z of Women’s Modern Fiqh - Yes, but also rinse the mouth and the nose (as part of the face) to be on safe side, and must have the intention of purification. 8- Are ghusl and showers sufficient substitutes for wuḍ ’? - If you’re taking a shower after jan bah, ayḍ or jummu‘a, you don’t need to make wuḍ ’ since ghusl with the intention to pray is what is required, but if one takes the daily regular shower, it doesn’t cover wuḍ ’ unless you make wuḍ ’ or make the intention to be ready for a al h. - Some ‘ulem say no, the intention is not enough, you must do the action so just be on the safe side and make wuḍ ’ along with the shower. 9- Do women have to do ghusl for Jumu‘ah? - If they’re going for jumu’a prayer then it is recommended, otherwise they do not have to 10- If I have my hair in a bun, do I have to undo the bun? - No, as long as the water reaches all the way to the roots of your hair. o Narrated by Muslim from Umm Salamah (raḍyAllāhu ‘anha) who said: I said: O Messenger of All h, I am a woman with tightly braided hair; should I undo it for ghusl from jan bah? He said: “No; it is sufficient for you to pour three handfuls of water over your head, then pour water over you, and you will become pure.” According to another report: Should I undo them for (ghusl following) menses and jan bah? He said: “No” (Sah h Muslim: 330). 11- As for ghusl after menstruation, there is a difference of opinion, according to Ibn ‘Umar, a woman has to undo her braids. a. In the had th of ‘Ubayd b. ‘Umayr, who said: “ ’ishah heard that ‘Abdullah b. ‘Umar was commanding women to undo their braids when they did ghusl. She said, ‘This is very strange on the part of Ibn ‘Umar! He is telling women to undo their braids when they do ghusl – why doesn’t he tell them to shave their heads?! The Messenger of All h (ṣallallāhu ‘alayhi wa sallam) and I used to do ghusl using one vessel, and I never did more than pour water on my head three times’” (Sah h Muslim: 331). 12- Would a gynecological check break the wuḍ ’? - No, it does not break the wuḍ ’ even if the doctor puts cream or medicine in there - The doctor’s wuḍ ’ would also not be broken since they would be wearing gloves anyway and there is no lust attached to it. 13- If I have creams or oils in my hair/lotion on body, do I need to wash them out before wuḍ ’? - If the cream or oil is impermeable to water, then yes. o That’s why nail polish is not allowed; it prevents you from touching the nail. If the cream is permeable to water and one can feel the hair/skin, then wiping is sufficient. 14- Can I make wuḍ ’ while wearing makeup (foundation, blush, mascara, nail polish, etc.)? - If you cannot feel the original hair or skin then you have to remove it. If it is water- proof/impermeable then you have to remove it. Otherwise, if it is permeable and water can reach the skin, then it is permissible. 15- Can a bride make tayammum so as not to mess up her makeup? - In the time of Prophet the women would decorate themselves with henna and kuhl, and they made wuḍ ’ with it. In our times exorbitant prices for bridal dressup does
  • 30. 30 COMPLICATED: A to Z of Women’s Modern Fiqh not justify playing around with shar ‘ah. She has to make wuḍ ’ for prayers and tayammum is not allowed in the presence of water. 16- Does touching the private parts break the wud ’? - As long as it was without lust then it does not break the wuḍ ’ according to Im m M lik, and Ibn Taymiyyah 17- Does one ghusl for multiple reasons suffice? - E.g she had a wet dream, and end of menstruation, or Friday prayer and end of menstruation. Yes, absolutely! - Only Hasan Al’Basri, and Ibrahim A’Nakha‘i disagreed and said one has to make ghusl for each reason separately. But this is not strong opinion. 18- Can a woman read Qur‘ n during her menses? - All narrations that state that women are not allowed to read the Qur‘ n in her menses are weak or very weak. There are no authentic narrations on this issue. - All 4 of the madh hib (Hanafi, Sh fi‘ , Hanbali, M liki) say that she is not allowed to read the Qur‘ n while in her menses. o The had th of Ibn ‘Umar (raḍyAllāhu ‘anhuma), according to which the Prophet (ṣallallāhu ‘alayhi wa sallam) said: “The menstruating woman and the one who is in a state of impurity (jan bah) should not recite anything of the Qur‘ n.” (Reported by Al’Tirmidhi, 131; Ibn M jah, 595; Al’D raqutni (1/117); Al’Bayhaqi, 1/89). This is a da‘ f had th. o Menstruation is seen analogically as coming under the rulings that apply to one who is junub (in a state of impurity following sexual intercourse), because both states require ghusl. This is based on the had th narrated by ‘Ali b. Abi Talib (raḍyAllāhu ‘anhu), according to which the Messenger of All h (ṣallallāhu ‘alayhi wa sallam) used to teach the Qur‘ n and he never prevented anyone from learning it except those who were in a state of jan bah (impurity).” (Reported by Abu Daw d, 1/281; Al-Tirmidhi, 146; aA-Nas ‘i, 1/144; Ibn M jah, 1/207; A mad, 1/84; Ibn Khuzaymah, 1/104. Al-Tirmidhi said: a Sah h hasan hadit) - Other opinion of the majority: yes, she is allowed to read Qur‘ n. This is the opinion of Im m M lik, and one opinion narrated from Im m A mad; the old position of Im m Sh fi‘ , the opinion of Ibn Hazm, Al’Bukh ri and other Ahl’l had th; the opinion which Ibn Taymiyah preferred and which Al’Shawk ni believed to be correct. o Their evidences:  The principle is that things are allowed and permitted unless there is evidence to the contrary. There is no such evidence to say that a menstruating woman is not allowed to recite Qur‘ n. Shaykh Al’Islam Ibn Taymiyah said: “There is no clear, Sah h text to indicate that a menstruating woman is forbidden to recite Qur‘ n. It is known that women used to menstruate at the time of the Messenger of All h (ṣallallāhu ‘alayhi wa sallam), and he did not forbid them to recite Qur‘ n, or to remember All h (dhikr), and offer du‘ .”  The analogy doesn’t make sense because jan bah cannot compare to something All h decreed upon the daughters of dam and you have no control over! The one who is in a state of jan bahh has the option of removing the “barrier” by making ghusl, unlike the menstruating
  • 31. 31 COMPLICATED: A to Z of Women’s Modern Fiqh woman. A woman’s period usually lasts for some length of time, whereas the person who is in a state of jan bah is required to do ghusl when the time for prayer comes. If any analogy is needed then a menstruating women should be compared to one who does not have wud ’, and since the latter is allowed to read Qur‘ n so can the menstruating woman.  The Prophet (ṣallallāhu ‘alayhi wa sallam) told ’ishah when she had her menses during ajj: “Do the same as the pilgrims do, but do not make taw f around the House” (Sah h Al’Bukh ri: 294 and Sah h Muslim: 1211). Most of the hujjaj read Qur‘ n, and if it is not allowed in menstruation the Prophet would have explicitly clarified that to his wife, ’ishah. a. The fact that Prophet Mu ammad (ṣallallāhu ‘alayhi wa sallam) sent messages to the kings of Byzantium and Persia, etc. which had verses of Qur‘ n in it (“O People of the Scriptures! Come to a word common to you and to us that we worship none but All h and that we associate nothing in worship with Him, and that none of us shall take others as Lords beside All h. Then if they turn away, say: Bear witness that we are Muslims (those who have surrendered to All h). (‘Ale-‘Imr n: 64).” He (ṣallallāhu ‘alayhi wa sallam) knew full well that these people were going to be in a state of Janā ah since they were kuff r. 19- Can a menstruating woman touch the muṣ af? - There is difference of opinion amongst ‘ulem on this issue o She is not allowed to touch the mu af with her bare hands. This is the position of all 4 madh hib, Ibn Taymiyyah, Shaykh Bin B z, Shaykh Uthaym n, and others. o The Iraqi scholars and Ibn Mundhir, and the Dh hiriyyah say that she is allowed to touch mu af. This is also the chosen opinion of Shaykh Waleed Basyouni, Im m Al’Shawkani, Ibn Jawziy, Im m Qurtubi, Al’Sha’bi, and it is attributed to Ibn ‘Abb s as well. Their evidences are - Having wud ’ to touch the Qur‘ n is recommended, not w jib. It is surely the Noble Qur‘ n (recorded already) in a protected book [the Preserved Tablet] that is not touched except by the purified ones. (Al’W qi ‘ah: 77-79) o Ibn ‘Abb s interpreted “Al’Mutahhar n” as angels, since if it was addressed to humans it would have been “Al’Mutatahhar n.” - There are no authentic narrations regarding this topic. All narrations not permitting touching except the t hir are weak. - The Had th: no one should touch the Qur‘ n except the pure: Al’Tabar ni and others record from Ibn ‘Umar that the Prophet (ṣallallāhu ‘alayhi wa sallam) said, “No one but the pure (t hir) shall touch the Qur‘ n.” o Individually speaking, all of the chains of this had th are defective. Im m Al’Daraqutni declared it weak on the basis that in the chain there is Sulayman b. M s who is a weak narrator and also in it there is Ibn Jurayj who did not state clearly that he heard the had th directly from his shaykh so this chain is broken (tadl s).
  • 32. 32 COMPLICATED: A to Z of Women’s Modern Fiqh o he word tāhir is mushtarak (a homonym). The Prophet (ṣallallāhu ‘alayhi wa sallam) told Abu Hurayrah, “The believer does not become impure” (Sah h Al’Bukh ri and Sah h Muslim). - Another had th of Hakim b. Hiz m on the topic is also weak. Even if there are narrations that are asan due to supporting evidences, they would only prove that it is recommended to have wud ’ to touch the mu af. - So in conclusion you can touch and you can read. If you have to read, review, teach, give halaqah, etc, there is no need to wear gloves or have a barrier, but if you want to be on safe side then it’s okay. 20- Can a woman make adhkār while on her menses? - Absolutely yes, even if they include Qur‘ nic verses. B) Rules Relating to ayḍ (menstruation), sti āḍah (bleeding outside of menstruation), and Nifās (post-partum bleeding) Menstruation: - No matter how much this topic is explained, you will still always be confused because women have been confused about it for a really long time! o Im m A mad took 9 years to understand this issue. o The women in Mad nah would send pieces of cotton to ’ishah for her advice  Shyness did not stop them from learning. - It is a matter of utmost importance since the acts of worship ( al h and fasting) are attached to purity and negligence in it is sinful. Definition of Menstruation/ ayḍ: The definition given by Muslim scholars and jurists for menstrual bleeding and post natal bleeding (nif s) is a little different from the medical definition. - Menstruation: is the blood that the female naturally releases without any external intervention, accident or disease, and during certain specific times, on a regular basis, from puberty until menopause. - Menses typically occurs between the ages of twelve and fifty although a woman may have it before or after depending upon her family history/genetic makeup, condition and environment. There is no proof in shar ‘ah to give cut-off limits of age. This is the opinion of Im m Al’D rimi and Ibn Taymiyyah that menstruation can occur at any time, because All h defined ayḍ by blood and not by age. When the blood comes, ayḍ starts and when it stops, it is an indication of purity. - There is a great deal of dispute amongst the scholars regarding the length of time (number of days) for which a woman is considered to be in ayḍ. The strongest opinion is that there is no limiting number of days for the existence of ayḍ regardless of whether the bleeding is light or heavy because All h has attached it with the blood. In all likelihood, this is the correct opinion because it is substantiated by evidences from the Qur‘ n, Sunnah, and good analogy.