NOT MOVING THE FINGER IN TASHAHUD

NOT Moving the finger in tashahud.

Q. Can you give me the hanafi evidence for not moving the finger in tashahud and beating the shaitan?


A. According to an authentic tradition recorded by Abu Dawood, Nasai, Baihaqi and others, Abdullah bin Zubair (R.A) narrates that the Prophet (S.A) used to point with his finger (in Tashahud) and would not move it.

Imam Abu Dawood has narrated this with a sound sanad.

While commenting on the issue of moving the finger in Tashahud, Imam Nawawi has written, ‘The correct and sound opinion which the majority of scholars have firmly established is that one must not move the finger. If he moves it, it would be Makrooh (reprehensible) but will not nullify the Salaah.

(Al Majmu’ Sharhul Muhazzab vol.4 pg.441).

With respect to the traditions which are quoted to show that one must move his finger, the scholars of Ahadith have explained their meanings and also the traditions as follows:

Imam Baihaqi has narrated the tradition of Wa’il bin Hujr (R.A) in which it is narrated that Wa’il bin Hujr (R.A) described the Salaah of the Prophet (S.A) and mentioned that he (the Prophet) placed the both hands in tashahud and then raised his finger. I saw him moving it, making dua with it’.

While commenting on this tradition, Imam Baihaqi (who recorded this hadith) says, ‘It is possible that what is meant by ‘moving the finger’ was that he (the Prophet S.A) pointed with it and did not move it continuously. In this way it will be in agreement to the tradition of Ibn Zubair’.

(Al Majmu’ Sharhul Muhazzab vol.4 pg.441)

While commenting on these traditions, the great Muhaddith Allama Zafar Ahmad writes, ‘The hadith of Ibn Zubair which speaks about ‘not moving the finger’ in tashahud must be given preference over the tradition of Wa’il bin Hujr (which states that one should do it), for two reasons.

The first is that the sanad of Ibn Zubair’s tradition is sound and authentic as explained by Imam Nawawi, while the scholars have been silent about the tradition of Wa’il bin Hujr.

(Mulla Ali Qaari has mentioned this in the Sharh of Mishkaat).

The second reason is that the words narrated by Ibn Zubair indicate to a permanent and continuous practice of the Prophet (S.A) by saying, ‘The Prophet (S.A) used to point with his finger (in Tashahud) and would not move it’.

As for the narration of Wa’il bin Hujr (R.A), this reflects an isolated case of an act which was done in only one Salaah.

This understanding of his statement can be clearly seen from Ibn Hujr’s own words when he said, ‘I will certainly look at the Salaah of the Prophet (S.A)’. He then went on to describe the movement of the finger in tashahud

(As recorded by Imam Nasai). (Ila’us Sunan vol.3 pg.112-113)

It should be understood that other narrators have narrated the said tradition from the companion Wa’il bin Hujr (R.A), however, there is no mention in these traditions about moving the finger.

In one such narration recorded by Ibn Majah, he (Ibn Majah) states, ‘Ali bin Muhammad has narrated to us, (Ali says) Abdullah bin Idrees has narrated to us from Asim Ibn Kulaib from his father from Wa’il bin Hujr (R.A) who said, ‘I saw the Prophet (S.A) (in tashahud), he folded his thumb and middle finger and then lifted the finger close to it, supplicating with it’. (Ibn Majah.

In Az Zawaid it is mentioned that the sanad is sound and all the narrators are reliable –

Ila’us Sunan vol.3 pg.114)

Besides Wa’il bin Hujr (R.A), other companions have narrated about the tashahud of the Prophet (S.A), but they did not mention that he moved his finger. Instead, they narrated that he lifted/raised or pointed with his finger.

Such traditions have been narrated from Abdullah Ibn Umar (R.A), Abu Hurairah (R.A), Abu Humaid, Abdullah bin Zubair (R.A), Khafaf (R.A), Numair Al Khuzaa’i.

With respect to the tradition of Abdullah bin Umar (R.A) in which he narrates that the Prophet (S.A) said, ‘The movement of the fingers in Salaah frightens the shaitan’, the scholars have also given their explanations to this.

While commenting on this hadith, the great Muhaddith and scholar of hadith, Hafiz Ibn Hajar Asqalani has stated, ‘This hadith is weak’

(Ila’us Sunan vol.3 pg.112).

Imam Nawawi has also stated, ‘This is not sound’.

(Al Majmu’ Sharhul Muhazzab vol.4 pg.441)

Other great scholars of hadith have given similar verdicts. It is in view of the fact that the continuous practice of the Prophet (S.A) was not of ‘moving the finger’, we see that the great Imams of Fiqh have not accepted it as a practice in Tashahud.

This is the verdict of Imam Abu Hanifa, Imam Ahmad, Imam Shafi and the famous view of Imam Malik.

As mentioned by Imam An Nawawi, the act of not moving the finger in Tashahud is one which the majority of scholars have adopted (and not only the scholars of the hanafi Mazhab). The evidences which the Hanafi scholars as well as all others have used is the Saheeh (sound) narration from Abdullah bin Zubair (R.A) (as mentioned in the beginning) and all the other authentic traditions from the companions which show that the Prophet (S.A) simply lifted/raised or pointed with his index finger and he did not move it constantly.


And Allah knows best.

Mufti Waseem Khan

TEST –TUBES BABIES

TEST –TUBES BABIES

Q:) Can you give me a fatwa on Test-Tube babies. My brother who is childless wants to go for this medical treatement in order to have children. But a friend of mine has told me that this is Haraam. Can you tell me if it is Haraam and why and what is the procedure involved. Awaiting your answer eagerly.

A:)

SURROGACY:

Surrogacy involves a woman (the surrogate) agreeing to bear a child, and subsequently to surrender that child to be brought up by a person or persons other than herself.

Surrogacy may be useful where a woman is unable to bear a child, due to severe pelvic disease or she has had a hysterectomy or because she has medical problems (e.g. heart or kidney disease) and pregnancy may seriously threaten her life or health.

The under-mentioned definitions regarding surrogacy have been summarized from 'The Reproductive Revolution' (Singer, P., and Wells, D. Oxford: Oxford University Press 1984)

The most common form of surrogacy is where a couple arrange for a surrogate to undertake artificial insemination using the semen of the male partner. This is called "partial surrogacy".

Alternatively, a surrogate may have a biological link with the child she bears by virtue of the fact that fertilization was achieved by means of IVF followed by embryo replacement. This is called "IVF and ER surrogacy". (For instance where a surrogate has blocked fallopian tubes but has no ovulation problems.)

A surrogate born-child may have no genetic link with the surrogate at all. In other words, the surrogate is merely offering her gestation function to an embryo. This is referred to as 'fall surrogacy".

A more unlikely possibility, where the surrogate has no genetic link with the child, is where the commissioning parties also have no genetic link with the child - for instance, where an embryo is donated by anonymous gamete donors. This is referred to as "donate embryo surrogacy".

Surrogacy can also be classified according to whether or not money is a concern. Where payment is involved, depending on the sort of payment, and to whom it is made, one can envisage at least three different possibilities.

The first possible situation arises where a woman agrees to be a surrogate, providing that the commissioning parties will compensate her for all expenses for the conception and birth of the child and any loss of earnings by the surrogate during the period of confinement. This is "surrogacy with reasonable compensation".

The second possibility is where a surrogate may receive payment besides that which represents a reasonable compensation. This is called "surrogacy for a fee".

The third possibility is where payment may be made to a party other than the surrogate. An agency may operate on a commercial basis, arranging surrogacy and charging both surrogates and commissioning parties to bring them together and for provision of counselling services. This is called "commercial surrogacies".

(This is one of the reasons why the media often calls surrogacy "baby selling'). However, money is not necessarily an important part of surrogacy. For instance, a sister may bear a child for her infertile sister, and the whole transaction may involve no payment of money or other rewards. This is called "surrogacy in principle". The above-mentioned techniques no doubt allows an infertile couple to have a child who would have the genetic compliment of the husband, if the husband's sperm is used to fertilize the ovum of the surrogate woman. But, this is where the problem arises - fertilizing the ovum of a woman by the sperm of a man other than her husband can be regarded as an adulterous union. Thus it would be illegal under IslAmic Law.

Now it may also happen that the sperm and the ovum of the married couple is fertilized in vitro and placed in the womb of the surrogate mother who would be paid for giving birth to the child who would, in that respect, bear the genetic compliment of the contracting couple. Here, it may be pointed out that Islam does permit Muslims to have their children breast- fed by other women. If that is done, then the child would be like the child of the wet-nurse. This means that if the wet-nurse has her own biological children then the child she breast-fed would not legally be permitted to marry any of her own biological children. But, it must be emphasised that this privilege can in no way serve as justification for the surrogate mother. No parallel can be drawn between the wet-nurse and the surrogate mother. The wet-nurse provides the basic nourishment to the already bom child, while the surrogate mother carries the "unformed" child to term and literally gives birth to it.

ISLAMIC VERDICT:

Scholars of Islam have pronounced the following fatwa (Islamic verdict) regarding surrogacy:

It is illegal and immoral to introduce into a woman the sperm of any man other than her husband. The formation of the embryo outside the human body will only be permissible subject to certain strict conditions. It will be Haram (forbidden) to form the embryo by the fusion of a woman's ovum with the sperm of a man other than her husband. It is also not lawful to implant into a woman an embryo developed in a haram way.

Consequently, it will be quite obvious that it is Haram to introduce sperm or embryo into an unmarried woman.

If, in violation of Allah's Law, either the sperm of a man other than the husband's has been introduced into an unmarried woman or a Haram formed embryo has been introduced into a woman, the rulings will be as follows:

1. If the woman is married, the resultant child will legally be that of her husband even if it is confirmed that the sperm used was not that of her husband.

2. The same ruling will apply if the child results from a haram embryo. Even if the embryo was formed by the fusion of the woman's ovum with the sperm of another man, the child will legally be that of her husband.

3. The 'donor' of the sperm has no right whatsoever over the child even if prior agreement or contract was entered into to give him the right over the child.

4. If the woman is unmarried, the resultant child will be illegitimate and would be regarded to be that of the surrogate mother.

Surrogate motherhood is definitely not allowed in Islam due to the fact that many evils may arise from this procedure, which can be listed as follows:

1. Unmarried women could be tempted into 'leasing' their wombs for monetary benefits, which would, in turn, undermine the very institution of marriage and family life.

2. In order to relieve themselves of the agony of childbirth, married women could be tempted to resort to this technique. Islam abhors such action

3. since pregnancy cannot be regarded as a burden, but in fact it is a blessing A woman who passes away whilst in the process of delivering, is given the status of a martyr.

4. A Transvaal (Tzaneen) surrogate grandmother gave birth to her daughter's IVF triplets on October 1987 76 which was a result of the South African Government not clamping down on such practices. Can Pat Anthony's (surrogate mother) action in carrying the children of her biological daughter, Karen, be morally justified? In doing so, she has implanted the sperm of her son-in-law into her womb. Biologically, the surrogate children she gave birth to, would become her daughter, Karen's, brothers and sisters, and at the same time, would be legally regarded as Karen's children. Karen in turn would thus be sharing two types of relationship with the same children.

5. Finally, surrogate motherhood violates the systematic planning of Allah in the normal process of procreation.

ISLAMIC PRINCIPLES ON FAMILY PLANNING, Mufti Allie Haroun Sheik, Qasmi Publication (p. 150 - 153)

Article taken (with Thanks) from Islam.tc

WWW.AHMADONLINE.TK

STUNNING ANIMALS

STUNNING ANIMALS

It has now been established through scientific research as well that the practice of making animals unconscious before slaughtering, as carried out in western countries, is more painful for the animal. Therefore, it is necessary for IMAM MUSLIMs to make every effort to obtain exemption from this practice.
Mufti Muhammad Taqi Usmani

Darul Ifta Jamia Darul Uloom Karachi

26/03/1426 AH

It is Haram to stun an animal by striking it or giving it an electric shock etc. because that causes suffering to the animal and the Prophet (peace and blessings of Allah be upon him) forbade causing suffering and tormenting them, and he enjoined kindness and goodness in general terms, and with regard to slaughter in particular.

IMAM MUSLIM narrated from Ibn ‘Abbas (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said:

“Do not take anything in which there is a soul as a target.”

And IMAM MUSLIM narrated that Jabir ibn ‘Abd-Allah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) forbade tormenting any kind of animal to death.

IMAM MUSLIM also narrated from Shaddad ibn ‘Aws (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said:

“Allah has decreed kindness (or proficiency) in all things. So when you kill, kill well, and when you slaughter, slaughter well. Let one of you sharpen his blade and spare suffering to the animal he slaughters.”

Fataawa al-Lajnah al-‘Daa’imah, 22/456-457.

(www.islam-qa.com)

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