Fiqh al-Şiyām

Fiqh al-Şiyām

 1.     Definition 

1.1  Fasting is to refrain from eating, drinking, smoking, and having sexual intercourse from dawn till dusk with the intention of worship

 1.2  Kaffāra is a penalty of atonement when the fasting is deliberately broken, without a valid reason through eating, drinking, smoking and sexual intercourse.  The penalty is:

1.2.1        To set a slave free

1.2.2        To fast for sixty consecutive days

1.2.3        To feed sixty poor people one average meal

According to Imām Abu Hanifa, the penalty should be carried out in this order.

 2.     Types of fasting:

 2.1.   Fard:

 2.1.1.      Fixed Fard:

2.1.1.1. Ramadan fast.

2.1.1.2. To vow to fast on a certain day if a wish or desire is fulfilled. 

2.1.2.      Non-fixed Fard: 2.1.2.1. Keeping missed Ramadan fast.

2.1.2.2. A non-fixed fast of pledge  

2.2.   Wajib: A fast, which was broken for whatever reason is wajib to complete. 

2.3.   Sunna: all those fasts that the Prophet kept and encouraged.

2.3.1.      Ashura with the day before or after it.

 2.3.2.      The six fasts of Shawwal. 

2.4.   Mustahab:

2.4.1.      To fast every Mondays and Thursdays.

2.4.2.      The 13th, 14th, and 15th of the lunar month.

2.4.3.      On the day of Arafa (9th Dhil Hijj) 

2.5.   Makruh:

2.5.1.      To fast only on the Ashura

2.5.2.      To fast only on Saturday

2.5.3.      To fast only on Friday

2.5.4.      To fast on the day of doubt (shak) 30th Shaban/1st of Ramadan

.2.5.5.      To consecutively fast without breaking the fast 

2.6.   Haram:

2.6.1.      To fast on the two days of Eid

2.6.2.      To fast on the days of tashriq (11th, 12th and 13th of Dhil Hijj) 

3.     Requirements for the fasting to be obligatory 

3.1.   Islam

3.2.   Puberty

3.3.   To be sane

3.4.   (To have the knowledge that fasting is necessary, for a person who has become Muslim in a non-Muslim country.

 4.     Requirements for the validity of fasting 

4.1.   To refrain from eating, drinking, smoking and intercourse from dawn till dusk.

4.2.   to have the intention of fasting.

4.3.   To be free from any kind of religious impediment such as, in the case of women to be free from menses and post-natal bleeding. 

5.     Exception from fasting 

5.1.   The insane.

5.2.   Children who have not yet majored.

5.3.   A traveler.

5.4.   A sick person

5.5.   A pregnant woman or a suckling mother who fears for the child in her womb or the suckling babe.

5.6.   A woman who is in her monthly cycle, or post-childbirth confinement.

5.7.   The elderly or chronically ill.

5.7.1.      In this case they have to give compensation for each day missed, with the intention that if they ever are to become healthy again then they have to keep qada.

5.7.2.      If he is poor then he should ask Allah for forgiveness for not being able to fast.

5.7.2.1.The fidya is equivalent to what is given on eid day as sadqatul fitr, approximately £2.50.5.7.3.      In the case that someone dies because of illness and did not give fidya, then it is not wajib for the offspring to pay fidya on his behalf.

5.7.4.       If he becomes well then it is necessary to write a will, if he dies without writing a will then it is not binding on the offspring to give fidya on his behalf.

5.7.5.      However, if he has written a will, then it is necessary for the inheritors to pay fidya from one third of the deceased’s wealth.5.7.6.      It is not permissible to pray or keep fast on someone else’s behalf.

5.7.7.      Food can be given on behalf of the deceased.  

6.     Things which invalidate the fast 

This can be placed into two categories,

(6.1.) Where qada and kaffara (please refer to point 1.2. for definition) are obligatory, and

(6.2) where only qada is obligatory.

 6.1  Qada and kaffara are wajib:

6.1.1        To eat or drink anything, even for medicinal purposes (providing that its not an emergency situation).

6.1.2        To have sexual intercourse, irrelevant of normal or anal sex, and irrelevant of if ejaculation took place or not.  (Note: this in no way is implying towards the permissibility of anal sex)

6.1.3        To smoke intentionally, or to take in fumes intentionally such as agar bati and incense sticks. 

6.2  Places where only the qada is obligatory and not the kaffara:

6.2.1        To eat or drink such a thing which is not normally consumed, for example to eat glass or to drink cow urine.

6.2.2        To break the fast because of intense hunger or thirst.

6.2.3        To take medicine in a life threatening situation.

6.2.4        Eating, drinking, smoking and have intercourse after dawn on the mistaken assumption that it is not dawn yet.  Similarly, engaging in these acts before sunset on the mistaken assumption that it is already Maghrib time.

6.2.5        To break the fast intentionally after eating, drinking, smoking or having intercourse by mistake, thinking that the fast has already broken.

6.2.6        Eating food, which is stuck between the teeth and is bigger than the size of a chickpea.

6.2.6.1   If the food is taken out of the mouth and then inserted back into the mouth then the fast breaks irrelevant of its size.

6.2.7        Swallowing water due to excessive gargling.

6.2.8        Ejaculation due to reasons other than intercourse such as kissing or fore playing with ones wife and vice versa.

6.2.9        Masturbation.

6.2.10    To insert anything into the private part.

6.2.11    Women beginning their menses or post-natal bleeding.

6.2.12    Deliberately vomiting (mouth full)  

7        Things which do not invalidate the fast 

7.1  To eat, drink, smoke or have intercourse unintentionally

.7.2  Unintentional vomiting.

7.3  Bathing

7.4  Use of facial cream, perfumes, oil, eye mascara and make up.

7.5  Injections

7.6  To be in the state of impurity after dawn

7.7  To brush the teeth

7.8  To swallow something which is stuck between the teeth and is less than the size of a chickpea.

7.9  Smoke or dust getting into ones mouth unintentionally

7.10         Kissing and playing with ones wife, providing there is no seminal discharge

7.11         Ejaculation due to looking at the private part of ones spouse, or due to entertaining sexual thoughts.  

 8       Things that are undesirable (makruh) 

8.1  To chew something like gum or rubber, providing there is no flavor.

8.2  To taste food with the tip of ones tongue.

8.3  To collect saliva in the mouth and swallow it in large quantity.

8.4  To use toothpaste

8.5  To back bite

8.6  To quarrel and use filthy and indecent language. 

9       Things that are desirable (Mustahab) 

9.1  To break the fast on time

9.2  To prolong the sehri to the last part of the night

9.3  To do as much good actions as possible

9.4  To reply to someone who is looking for a fight ‘I am fasting’.

9.5  To pray (dua) at the time of iftar

9.6  To break the fast with dates if not then with water. 

10    Taraweeh 

10.1         The taraweeh prayer is sunna muakada, therefore has to be prayed

10.2         It is 20 rakats, proven from the unanimous consensus of the Sahaba.

10.2.1    It is only proven that the Prophet prayed eight.

10.3         If a person is ill and is not able to perform the taraweeh, then eight rakats is better then leaving it altogether, following the sunna of the Prophet.

10.4         In the case that a person cannot even pray eight, and then it is all right to leave it, providing the excuse is genuine.  Qada is not needed.  

11  Itakf

 11.1         The itakaf is sunna ala kifaya

11.2         One is only permitted to leave the mosque for bathing and answering to the call of nature.

11.3         Women should make a quarter in their homes their place of itikaf. 

12  Saqatul Fitr 

12.1         Sadqatul fitr is wajib upon every single individual who were alive at the time of sunrise on the day of eidul fitr. 

12.2         Everyone should pay his or her own sadqa.

12.3         In the case of children who are not earning then the head of the house should pay on their behalf.

12.4         The sadqatul fitr is determined by finding the value of 1.1 kg of barley, which is approximately £2.50.    
 

Bibliography Badawi, Jamal: Siyam, IPCI Birmingham Haq, Dawatul (ed): Taleemul Haqq, Darul Ishaat, Karachi Hussain, Musharraf: The Blessing of Ramadan, The invitation publishing house, Nottingham Ibn Abidin, Muhammad Amin: Rad al-Muhtar vol 3, Dar al-Kutub al-Ilmiyya, Beirut Lajpuri, Abdur Rahim: Fatawa Rahimiyya, Darul Ishaat, Karachi Qaradawi, Yusuf: Fiqhus Siyam, Muassasat ar-Risala, Cairo Sabiq, Sayyid: Fiqhus Sunna, Darul Fath, Cairo Sharunbalali, Hasan Ali: Nurul Idah, Qadimi kutub khana, Karachi Tahtawi: Marqi l-Falah, Qadimi kutub khana, Karachi Zaylai, Jamal Uddin: Nasbur Raaya fi Takhrij Ahadith Hidaya, (ed) Muhammad Awaama, Dar al-Qibla, Jeddah  

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