Fatwa in Brief: By abandoning his or her prayers, a person leaves Islam. It is forbidden, therefore, for a Muslim
to remain with a husband or wife who no longer prays; and their marriage is annulled. Anyone who stops praying may not inherit
from a Muslim; when they die, their bodies may not be (ritually) washed or prayed over, and they may not be buried in Muslim cemeteries.
Instead, the corpse should be taken out into the desert and buried in its clothes, as the person who abandons his/her prayers no longer
deserves protection from God or man.
Shaykh Ibn Uthaimin, A Treatise on the Characteristics of the Prophet's Prayers, pp. 29-30
Shaykh Muhammad Hassan, Speech no. 5 on his website:
www.Muhammadhassan.org
Response:
With a single stroke of the pen, this fatwa declares
a vast number of Muslims, from around the world, to be
unbelievers. In fact, it means that millions of people
are now no longer Muslims, that they should be killed as
apostates, their bodies left without prayers, and buried
outside of Muslim cemeteries! Because they do not pray,
they may not inherit, or bequeath to Muslims, and must
be separated from their spouses, regardless of place or
time. Throughout the history of Islam, there has never
been a time or place where this has been judged to be
the fate of Muslims who have not been praying. Rather,
such people have continued to live with their spouses,
inherited and bequeathed, and have been buried in Muslim
cemeteries. [Why should this have been the case?]
Precisely because such people have always been
considered Muslims.
We do not know why the authors are so keen to exclude
crowds of Muslims from God’s religion, nor why they
exercise such poor judgment, and in doing so flout the
pious imams of the madhahib and the general opinion of
Islam’s religious scholars.
Commentary:
The performance of [the five daily] prayers is one
of the pillars of Islam. [Another way of putting it is
that] its position in faith is like that of the head to
the body; and there are many texts reminding Muslims of
their obligation to pray, and warning them of the
dangers of abandoning prayers or observing them with
laxity. According to the most potent tradition in this
matter, reported by Muslim, [the Prophet (upon him be
peace) says]: “The barrier between a man and disbelief
is the abandonment of prayers”. Explaining this hadith
in brief, Al-Nawawi observes that, according to the
consensus of Muslim scholars, only the person who stops
praying because s/he does not think consider the prayers
obligatory ceases to be Muslim. This is not the case if
the same person has only recently joined Islam and has,
thus, not lived with Muslims or been informed of the
religious obligation to pray. If on the other hand a
Muslim accepts that prayers are an obligatory aspect of
faith, but fails to perform them through a lack of
commitment, or out of laziness, s/he should not be
considered an unbeliever according to the majority of
scholars and the Salaf and later generations of
scholars. Rather, s/he is considered a sinner and should
be instructed to repent. [Of all the Imams, only] Ahmad
Ibn Hanbal is reported to have taken the above hadith in
one of two accounts as literal evidence that someone who
neglects to pray loses his Islam.
Scholars who do not consider the person who neglects to
pray an unbeliever turn to this Qur’anic Verse:
Lo! Allah pardoneth not that partners should be
ascribed unto Him. He pardoneth all save that to whom He
Will (Q. 4:116),
as well as the hadiths in which the Prophet (upon
him be peace) observes: “He who says that there is no
God but God will go to Heaven”; and the hadith:
“He who says that there is no God but God will be
untouched by Hellfire”.
Those who do not consider the person who abandons prayer
to have left Islam cite the hadith mentioned above, in
which the Prophet describes the abandonment of prayers
as “the barrier between a man and disbelief”, arguing in
this case, that the hadith implies that such a
one deserves the penalty of disbelief, which is death,
if he is asked to repent but does not do so. Yet, this
is only the case if the person fails to understand that
the prayer is an obligation, or that, by leaving the
prayer, he may be led into disbelief, or that the act
itself is similar to the acts of disbelievers.
In his book Tabaqat al-Shafi'yya, El-Subki
includes Al-Shafi'i and Ahmad [Ibn Hanbal]’s discussion
of [the status] of those who abandon their prayers. Al-Shafi'i
asked: “Ahmad, do you consider him [the person who
abandons prayers] an unbeliever?” Ahmad replied that he
did. Al-Shafi'i then asked: “how does an unbeliever
become Muslim?” Ahmad said: “by testifying that there is
no God, but God and that Muhammad is the Messenger of
God”. Then, Al-Shafi'i, continued: “But he has never
lost his faith in the shahadah, as he still says
it [outside of prayer]”. Ahmad responded: “To become
Muslim, he must pray”. To which Al-Shafi‘i could reply:
“An unbeliever’s prayer is invalid, and he does not
become Muslim if he prays”. At this, Ahmad was silent.
Ibn Qudama, in al-Mughni, argues that according
to the school of Imam Ahmad someone who abandons the
prayers would not be counted as an unbeliever. If this
is the case, then neither the four founders of the Sunni
law schools nor the majority of scholars describe this
person as such [i.e. as a non-Muslim]. Therefore, the
relationship between a man and his wife must remain
valid and beyond reproach.
Ibn Qudama also mentions that, despite the number of
people who throughout the ages have neglected their
prayers, there are no records that a single Muslim judge
has ever separated a Muslim man and wife for this
reason:
It was never reported to us in any given time that
someone who had abandoned their prayers was not washed
ritually for burial, nor prayed over, nor buried in
Muslim cemeteries, prohibited from inheriting and
bequeathing, nor separated from their spouse for the
abandonment of prayers. Had they been judged
non-believers, these penalties would surely have applied
(Al-Mughni 2/152).
His Eminence Shaykh Dr. Saud Bin ‘Abd God el-Funaisan
confirms that:
In the entire history of Islam, it has never once been
reported that anyone was killed as an apostate (murtadin)
because he had stopped performing his prayers. In
addition to what this misjudgment would have entailed
with respect to their marriages to their wives is such
that they would have been divorced and their children
declared illegitimate… It seems to me that we cannot
declare a person who neglects his prayers out of
laziness or unconcern, an unbeliever, and God knows best
(Islamtoday, 08/11/1427).
Ultimately, as long as he does not deny the obligatory
nature of prayer, the husband who abandons his prayers
is not to be treated as an unbeliever. Nevertheless, his
wife should always advise him to pray, never ceasing to
encourage him in the matter, while reminding him of the
penalties for not doing so. Likewise, she should
surround him with decent and morally refined people, and
lead him towards a better path, [she should remember
that] the company one keeps works beautifully in
achieving this.
The wife who neglects to perform her prayers is subject
to the same judgment as this; and we offer her husband
the same advice to help convince the wife to keep her
prayers and moral uprightness. Moreover, he should not
rush to divorce her, rather he should remember the
Qur’anic verse, “And enjoin upon thy people worship,
and be constant therein” (Q. 20:132), and call upon
her to rejoin the prayers, and to be righteous.
Both husband and wife should call upon God and rise to
pray at dawn. [In light of the above debate] They should
remember that, if God bestows upon a Muslim the gift of
guiding someone [back] to prayer, then this is better
for their religion, and it is better for their lives.
And God knows best.
Dr. Muhammad Fouad
Question :
A question was asked the regarding
the condition of someone who dies before hearing the
call to Islam, or if the call to Islam that they have
heard has been delivered incorrectly.
Fatwa in Brief: Those who are not informed of the
call for Islam are in the same position regarding
judgment as those people in the transition period. Thus,
they shall be tried [and found wanting] on the Day of
Resurrection. Regarding those who were told about Islam
incorrectly, they have no excuse as they should have
asked [for more information at the time].
Shaykh Ibn Gabrin Fatawa and Judgments, p.
79-80.
Response:
Well-established Muslim scholars have affirmed that an
important component of a valid call to Islam is that it
is communicated in a correct and undistorted form. If it
is not, then the recipients of this call may not be
blamed for not being convinced by it.
Commentary:
There are still [a few] people who have never heard
the call to Islam like notably those living in caves,
jungles, and remote islands, with next to no
communication with the wider world, despite the recent
explosion in media technologies, and [improvement in]
travel. Of course, anyone who hears of the Messenger who
came with a religion called Islam should attempt to find
out about it, if possible. However, if he does not hear
about it, or if he hears about it but is unable to find
out about it [through reliable information], then he is
to be excused. This is the opinion of the scholars of
Islam. A condition was set by these scholars to the
effect that, if it is to be treated as valid, the call
to Islam must be complete [and not include falsities].
If, in contrast, the Muslim message is relayed in an
imperfect form, its recipients should not be blamed for
not being convinced by it. This was stated in Imam al-Ghazali’s
book, The Line of Demarcation between Islam
and Heresy. There, he [al-Ghazali] mentioned that,
in his day, most Christians of Roman and Turkish origins
would be saved because they had not, as yet, received
the message of Islam. Ghazali wrote the following:
I would even say that those who receive the message of
the Prophet (upon him be peace) in an imperfect form, or
who are told that a liar and swindler by the name of
Muhammad has falsely claimed to be a Prophet, will both
be judged according to the same criteria. In my opinion,
they will be saved. The remaining nations, who deny the
message of the Prophet (upon him be peace), after
hearing many times of his actions, character, and
miracles – the greatest of which is the Holy Qur’an –
and still refuse to investigate this [the Prophet’s]
message are the non-believers.
Accordingly, those who have not received the message, or
who received it in imperfect form, or who heard it
correctly and, thereafter, dedicated themselves towards
understanding it are, it is be hoped, saved from an
eternity in Hellfire.
According to the Fatwa Centre, Under the Supervision
of Dr. Abdullah Al-Faqih
An unbeliever is a person who dies as a non-Muslim.
However, regarding those who have never heard of Islam,
or who received the call to Islam in a less than perfect
form are put to test on the Day of Judgment. This is
clarified in detail in fatwas, nos. 39870, 42857,
56323, 3191, and 48406.
According to the great Islamic scholar, Ibn Taymiyyah
Based on specific historical moments and particular
geographical locations, a man will be rewarded with the
little that he possesses in terms of faith. God Almighty
forgives those with an excuse and will not forgive those
who do not have an excuse. This is illustrated by the
following hadith. “There will come a time when
people do not recognize [the obligation to perform]
their prayers (salah), fasting (siyam),
pilgrimage (hajj). The exceptions to this will be
the elderly who will say that they once saw their
fathers perform the shahadah [i.e. bear witness
that there is no God, but God, and that Muhammad is His
Messenger – the testimony of faith in Islam]”. Then,
Huzaifah Ibn al-Yaman was asked, “is shahadah
sufficient for their salvation?” He replied, it saves
them from Hellfire.
And God knows best.
Dr. Muhammad Fouad
Question:
A question was asked about the ruling for those who say that shaving the beard and shortening the thawb is considered from al-qushur.
Fatwa in Brief: The consensus of the scholars (ijma')
is that it is obligatory to grow one’s beard. It was
also mentioned that wearing one’s trousers above the
ankle, out of arrogance or for any other reason, is
illegal.
Shaykh Ibn Baz, Al-Da‘wa Magazine, no.1607
Response:
Trimming or shortening one’s beard is not illegal
according to all [four] Imams. Growing the beard is
described as obligatory, or recommended. Likewise, the
scholars disagreed over whether a Muslim man can shave
his beard off; some considered this haram, while
others did not. Regarding the length of one’s trousers,
if someone wears long trousers out of arrogance, then he
breaks Muslim law. If he does not do so, then he does
not break the law.
Commentary:
In the hadith collection of al-Tirmidhi,
there is a tradition attributed to ‘Amr ibn Shu’ayb. In
this, ‘Amr reports that his father learnt from his own
father [i.e. ‘Amr’s grandfather], “that the Prophet
(upon him be peace) used to remove something from the
width and length of his beard”.
A group of the Companions used to trim and shorten their
beards. No one should think that the Companions acted
leniently regarding their religion, or contrary to the
demands of the Sunna. The scholars disagreed upon
considering the hadiths on growing the beard as
obligatory or recommended.
After mentioning a great number of traditions ascribed
to the Prophet and to his Companions, Shaykh al-Albani
finally ruled: “I have talked at length on this subject,
appealing to the texts of the pious predecessors and the
Imams, because most people [incorrectly] believe that
trimming one’s beard runs counter to the meaning of the
hadith [in which the Prophet says] ‘grow your
beards.’
Regarding the subject of shortening one’s trousers above
the ankle, Bukhari includes a tradition in which the
Prophet (upon him be peace) states: “When you eat,
drink, give charity and wear clothes, let no
extravagance or pride intrude upon your actions”.
This indicates that what renders an action prohibited
is that it involves extravagance, and thus suggests
arrogance. If neither condition exists, however, there
is no harm in doing so. Abu Bakr (r. a.) said “O
Messenger of God, my waist-wrap (‘izar) trails
unless I take extreme care of it”. The Prophet (upon him
be peace) said, “You are not like those who do this out
of arrogance”. Arrogance is vilified, even for
those who roll their clothes up. As for those who wear
good clothes – thanking God for them and not scorning
those who cannot afford such clothes – there is no harm
in doing so, even if these clothes are very precious. In
Sahih Muslim, one hadith shows that the
Prophet (upon him be peace) said: “a person will not
enter heaven if s/he has a smallest tiny weight of
arrogance in their heart”. To which a man replied: ‘[but
what if] a person likes to wear beautiful clothes and
shoes?’ The Prophet (upon him be peace) replied: ‘God
the Exalted is beautiful, and He loves beauty. Arrogance
[in contrast] is ridiculing and rejecting the Truth, and
despising people.'“
Dr. Ahmad ‘Id
Question :
A question was asked as to whether one can dye one’s hair black.
Fatwa in Brief: Dying one’s hair black is prohibited.
Shaykh Ibn ‘Uthaymin, Majmu‘ Fatawa, 11/123
Response:
The act of dying one’s hair black is disagreed upon:
some prohibit the practice; others dislike it; while
others deem it acceptable.
Commentary:
In a hadith included in the collection
of Abu Dawud, the Prophet (upon him be peace) observes:
“He
who has
hair should
honor it”. There are other hadiths, considered
sound (sahih) by some scholars, in support of the
meaning of this. Indeed, there are many ways “to honor”
the hair, and these differ according to both man and
woman. Each should do what suites him/her best.
Therefore, Muslims may brush their hair, put cream in
it, and/or dye it to hide grey hairs.
The Muslim scholars discuss dyeing one’s hair black.
Most prohibit Muslims from doing so. However, their
opinions are based on [materials pertaining to] men, or
to fraud, as in the case of old women who were
pretending to be young, so as to [re]marry. However, as
regards a married woman, whose husband knows [that she
dyes her hair], there is no harm in her doing so.
Indeed, we find that Ibn al-Jawzi even permits men to
dye their hair. What underpins this prohibition,
however, is the idea that old men [in particular] should
be more concerned with preparing themselves to meet God,
than with worrying about the colour and condition of
their hair.
According to the Hanbali law school, dyeing one’s grey
hairs is recommended, though dying these black is
legally disliked (makruh). Ishaq Ibn Rahawiyya
permits a woman to beautify herself by dyeing her hair
black for her husband. In turn, [he declares] that it is
not disliked (makruh) for a man to dye his hair
black if he does so to prepare for war (jihad).
According to the Shafi‘i school, it is recommended for
men and women to dye their grey hair yellow or red,
though black is prohibited. [To recap] scholars disagree
on the subject of dying one’s hair black: some prohibit
it, some consider it disliked; while others deem it
permitted.
In the Fatwa Centre, under the Supervision of Dr.
Abdullah Al-Faqih:
There is no harm in a man or woman dyeing their hair any
color, other than black. On this point, scholars
disagree regarding the matter to fall somewhere between
the categories of disliked (makruh) and
prohibited (haram). And this opinion is the
preferred one [of the majority].
Dr. Ahmad ‘Id
Question:
A
question was asked about [the legal validity of a
Muslim] living in a non-Muslim country (balad
ghayr Islamiyya)
Fatwa in Brief: It is illegal to live in such
countries for work, trade or even for study, except when
engaged in calling to Islam (da'wa). This is more
acceptable particularly for those who have knowledge and
vision.
Shaykh Ibn Baz, Majmu' al-Fatawi, 9/401-402
Response:
It is a Muslim’s duty, whether living within Muslim
or non-Muslim communities, to benefit other members of
those communities through teaching the religion, calling
for the good, opposing the bad and contributing
constructively to the betterment of the society in which
s/he lives.
Commentary:
Wherever [in the world] a Muslim finds shelter for
himself and his religion and where he is secure
in practicing his religion, without harm accruing to
him, then his residence in that place falls under 3
categories:
- Permissible, and in this case staying in that place is as good as settling somewhere else.
- Favourable [more so than being anywhere else], this is in the case of his being able to benefit the community in which he resides and can inform about his religion and its moral excellence.
- Necessary, and this is in the case that his migration/exodus would cause harm or certain damages [to himself or dependents].
For hijra from one place to another as defined
Islamically is not religiously required unless one were
to fear for [losing] ones religion, or be hurt for the
practice of ones rituals, or be exposed to harm
[individually or ones family].
And accordingly God’s words:
When angels take the souls of those who die in sin
against their souls. They say: “in what (plight) were
ye?” They reply: “weak and oppressed were we in the
Earth”. They say: Was not the Earth of Allah spacious
enough for you to move yourselves away (from evil)?”
Such men will find their abode in Hell – What an evil
refuge! – (Q. 4: 97)
and the hadith narrated by Abu Dawud and Al-Tirmidhi
that the Prophet (upon him be peace) said: “I avoid any
Muslim who lives among the polytheists (mushrikin)”
all help us to understand this wisdom.
Is, then, the immigration of Muslims from non-Muslim
nations to Muslim countries obligatory or preferred?
According to Islam’s legal scholars, if a Muslim becomes
worried about his religion, ethics or money, then his
return [to a Muslim country] becomes obligatory.
However, if he is not worried, then such a return merely
becomes recommended (sunna). Yet [other]
researchers (muhaqiqun) have argued that as long
as their presence benefits Muslims residing in the
countries of Islam, or even outside these countries
(through teaching them or helping them in other ways),
or benefits Islam itself by spreading its principles,
then staying abroad is better than returning. This
requires him [the Muslim living outside of the Muslim
community] to have strong a belief, and a resolute
character in order to help him accomplish his mission.
In the past, the Muslim callers and traders underwent
considerable pressures in spreading Islam within
non-Muslim countries.
The Opinion of Professor Sa‘ud bin Abdullah al-Fanisan
Travelling to non-Muslim countries for the purpose of
study, receiving treatment or conducting trade is valid;
likewise, travelling for study is meritorious (ma'jur
alayh) so long as God wills it. While living outside
Muslim countries, a Muslim must continue to obey his
religion, and to perform good deeds (khayrat).
As for fearing the application of the Prophet’s (upon
him be peace) words: “I avoid any Muslim who lives among
the polytheists (mushrikin)” (Abu Dawud 2645) and
Tirmidhi (1604),
then know that the jurists have interpreted it to apply
to those whowant to live amongst the non-believers
without any valid religious reason like the travel for
educational purposes, or medical treatment, or for
trading and finding a livelihood, or to spread the call
to Allah, and so on. This hadith describes the
reprehensible status of the one who travels to
non-Muslim destinies out of sheer love for it or its
people. May Allah give you success, support you and
makes other benefit from you.
Dr. Yassir ‘Abd al-‘Azim
Question:
A question was asked regarding the
validity of celebrating [Islam’s] religious and national
feasts.
Fatwa in Brief: It is not permitted to celebrate
any events other than the formal religious occasions
that the law singles out [for celebration], namely the
two Feasts [‘Id al-Adha, and ‘Id al-Fitr]. However,
Mother's Day, national days, birthdays, or times
connected to other religious events, such as the night
journey of the Prophet (upon him be peace) (upon him be
peace), or those dedicated to the opening of a mosque,
should not be celebrated. For these kinds of celebration
are [reprehensible] innovations that are new to Islam
[and therefore invalid].
The Permanent Committee 3/59-61
Response:
Celebrating any occasion is permitted as long as the
purpose of doing so remains within the limits of Islam.
There is, then, no harm in calling such occasions
“celebrations” [or “feasts”] (Arabic: a‘yad).
For, what matters is what the name stands for, rather
than the term [‘id/a‘yad] itself; and [as
discussed already] not everything new should be
understood as a cause for Muslims to stray from [the the
demands and principles of] Islam. Hence, [as noted
above] regarding the gathering of Muslims to pray the
tarwih prayers, ‘Umar exclaimed: “What a good
innovation this is!”
Commentary:
The word “celebration” (‘id) applies to an
occasion that is repeated every year. It is mainly
concerned with a group, regardless of whether or not
this is a family, tribe, city or district. Celebrating
these occasions is a way of showing concern for the
group.
The celebration could be secular or religious. Islam
does not prevent [people from enjoying] secular
celebrations, as long as the purpose of these is good
and what occurs there remains within the limits of law.
Regarding religious celebrations, these may follow a
text, as is the case of Islam’s two main feasts; Al-Adha
and Al-Fitr, or it may not, such as the [celebrations
surrounding the] Night Journey and the Birthday of the
Prophet (upon him be peace). Whatever is mentioned in an
authoritative text [i.e. Qur’an and/or Sunna] is
permitted by the law, as long as people’s behaviour
remains within legal limits. Regarding the celebrating
of feasts that are not based upon an authoritative text,
there are two opinions. The first prohibits them on the
grounds that they are [reprehensible] innovations; while
the second permits them on the grounds that they are not
explicitly prohibited by a text.
Those who prohibit the celebrations [that are not based
upon a text] support their view with a hadith,
with a sound chain of transmission, that is included in
[the works of] Al Nisa’i and Ibn Haban. In this, Annas (r.a.)
reports that when the Prophet (upon him be peace)
entered Madina, and found the people there celebrating
on two days, he remarked ‘God has offered you two better
alternatives: the day of Fitr and the day of Adha.’
Based on this hadith, certain scholars argue that
the celebration of any festival, other than the two main
festivals [‘Id al-Adha, and ‘Id al-Fitr], is forbidden
to Muslims. The response to this is that, in this
hadith, the Prophet (upon him be peace) does not
limit the number of festivals that Muslims may enjoy.
Rather, he only says which ones [‘Id al-Adha and ‘Id al-Fitr]
are better than those of the Madinan people; which
originally had been celebrated by the Persians. More
evidence [that the Prophet, upon him be peace, did not
restrict the number of festivals in this way] is that he
described Friday as a “feast”.
When speaking of festivals other than the two main
feasts, there is no explicit prohibition in any
authoritative text. Indeed, at the beginning of Surat
al-Rum, the Qur’an speaks of the happiness of the
believers when, on the verge of defeat, the Rum rallied
their forces and emerged victorious. Another possible
[and legitimate] response [to the banning of
celebrations] is that not every new thing should be
regarded as an [reprehensible] innovation, a point that
is supported by Umar’s hadith on the tarawih
prayers [cited above].
To summarize: the celebration of any occasion is
permitted, providing the underlying purpose is good, and
the way in which people celebrate on this day remains
within the boundaries of God’s law; and there is no harm
in describing such events as “celebrations” (a‘yad).
The point here is not the name, but what the name
signifies.
Shaykh Salman Al-‘Awda argues that it is legally
permitted to celebrate a baby’s first birthday, or an
adult’s twentieth birthday, or, indeed, any happy event
that we wish to celebrate. Hence [in al-‘Awda’s view],
Muslims may celebrate marriages by inviting their family
and friends to the meal (walima). In his program
“Al-Hayah Kalima” [“Life is a Word”] on MBC, Al-‘Awda
added that such occasions may not be described as
‘feasts’ (a‘yad). It is nevertheless permitted to
celebrate them, every year, if the world “feast” is not
used about them. Al-‘Awda emphasised the importance of
this on the grounds that Islamic law specifically
restricts Muslims to celebrating only two “feasts”.
Dr. Yassir ‘Abd al-‘Azim
Question :A question was asked regarding photos, statues and children’s toys.
Fatwa in Brief: Making a representation of a
creature with a soul, either with a camera or by hand,
on paper or on any other surface, and living off [the
money gained from] this is illegal according to Islam.
Hanging such representations on a wall is illegal, as
well as keeping them for memory. It is not permitted to
pray in a place where photos/paintings are hung, or in
clothes upon which images are printed, except when there
is a legal necessity (darura) in doing so.
Children’s toys are also prohibited. However, when there
is a legal necessity, such as producing photos for
passports and so on, exceptions to this rule are known.
The Permanent Committee, 1/455-457
Response:
Carving, sculpting, painting, and/or photographing
humans and/or animals is permitted as long as this is
done for benefit of people. It is not permitted when it
is done with the intention of encouraging us to glorify
an image, or so as to stir within us a desire to commit
obscenities. Sculpting/carving a statue of a live
figure, whose subject possesses a soul, is what
constitutes an illegal act. Using children’s toys, even
if they resemble a human subject, to teach or to amuse
is permitted.
Commentary:
The Holy Qur’an was revealed to the Prophet (upon
him be peace) in an idol-worshipping community. In this
community, idols were placed around the honorable Ka‘ba
as subjects for veneration. According to numerous
hadiths, the Prophet (upon him be peace)
rejected the making of images. For, this act imitated
the process of God’s creation and encouraged the worship
of them. Yet, according to the noble hadiths of
the Prophet (upon him be peace), [particularly] as
mentioned in the books of the jurists, it is permitted
to make representations of living animals and people if
this is for beneficial purposes. Likewise, such
representations should not encourage us to glorify any
image [other than God], and must not stir sexual desires
for us to commit obscenities (fawahish), and/or
other illegal acts.
The representation of a whole person or animal, through
carving or sculpture [i.e. a full length figure], is
prohibited to Muslims. This is on the basis of a
tradition included in the hadith collections of
Bukhari and Muslim. Here, Masruk observed that alongside
‘Abd God, they entered a house where there were statues.
He (‘Abd God) asked about one of the statues; and they
replied: “it is a statue of Maryam”. ‘Abd God then said
that the Prophet (upon him be peace) observed that “the
people who will suffer most on the Day of Judgment are
artists (musawarun)”; and, in another report, he
says “those who make these representations will be
punished on the Day of Judgment. They will be instructed
to give life to their creations!” This tradition makes
it clear that creating a statue/sculpture is, in itself,
a sin (ma‘siyya). The wisdom behind this ruling
ensures that no image is worshipped, or used as a
vehicle for people to attempt to draw close to God.
In his book, Al-Jami’ Li Ahkam Al-Qur’an, Al-Qurtubi
cites God’s verse:
They made for him what he willed: synagogues and statues (Q. 34: 13)
Responding to this verse, Qurtubi notes that children’s
toys are an exception to the general rule that the
making of images is illegal. For, it is known that, when
‘Aisha married the Prophet (upon him be peace), she
brought her toys with her. [Indeed] She and her friends
used to play with ‘Aisha’s toys at the Prophet’s house;
and when the Prophet (upon him be peace) entered the
house they used to hide them out of embarrassment. This
hadith is reported by Muslim.
In the Fatwa Centre, under the supervision of Dr.
Abdullah Al-Faqih: Photographing with cameras or
videos is a matter of disagreement amongst the people of
Knowledge; while any prohibit it, others permit it. We
prefer to permit it.
Dr. Yassir ‘Abd al-‘Azim
Question :A
question was asked regarding whether or not it is permitted for Muslims to watch television.
Fatwa in Brief:
Watching television is prohibited, on the grounds
that it is harmful to a Muslim’s religious disposition (‘aqida)
and to his/her manners, and because it broadcasts
singing, music, paintings/photography and other
subjects/materials that are at odds with Islam (munkarat).
Shaykh Ibn Baz, Majmu’ Fatawa, 3/227
Response:
Owning a television and watching programs that are
[religiously and/or ethically] beneficial is permitted,
as long as one is able to avoid the corrupt and
corrupting programs that are also aired.
Commentary:
Television shows a range of things. Some are lawful
(halal) in origin. Thus, they do not have a
negative effect on a Muslim’s religious disposition (‘aqida)
or manners, and will not prevent him/her from fulfilling
their religious obligations. In this case, listening to
and/or watching a television is permitted. In contrast,
whatever opposes the [demands and principles of Islam]
is prohibited; and those who broadcast such things, and
the viewers who watch them, will both be blamed for
doing so. The aspect most likely to lead to [a harsh]
judgment involves men looking [lustfully] at women –
dancers, actresses or others – that show their bodies
and display what God has ordered them to cover. [Of
course,] It could be said that, in this case, the viewer
is not looking at women, but rather at their images.
Yet, the jurists discussed looking at the images of
women in mirrors, well before the invention of
television. They asked whether or not this carries the
same ruling as looking at her directly. The disagreed
about this: the preferred decision is that, if a man
gazes on a woman with desire, he is breaking the law;
for, this is likely to lead the committing of a serious
sin (zari’a ila muharam). It is the greatest
cause of the most serious of sins, and anything
resembling this is [therefore] prohbited, whether this
occurs through a direct look, or through [a reflection
in] the mirror. If the yardstick here is the degree to
which an act causes strife/dissension (fitna) [as
regards one’s religion and relationships with others],
people have different opinions on what is, and what is
not, a cause of evil (muftin); and everyone knows
his/her own limits.
The evidence in support of watching plays and innocent
games is found in a hadith included in the
collections of Bukhari and Muslim. Here, ‘Aisha (r. a.)
is reported as saying: “While I looked at the Ethiopians
who were playing in the courtyard of the mosque, the
Prophet (upon him be peace) used to dress me in a
garment that covered the upper part of the body (rida’).
(I continued watching) until I was satisfied”. So, you
may deduce from this how a young girl (yet to reach
puberty) who wishes merely to enjoy herself should be
allowed to behave. In another account, the Prophet asked
‘Aisha if she wanted to look. She replied: “yes”. And he
lifted her [‘Aisha] up so that they were cheek to cheek.
Aisha watched until she became bored and the Prophet
excused her.
In Al-Matalib Al-‘Aliya, Ibn Hajar reports that
‘Aisha used to watch “Al-Darkala”, which is a type of
boys’ game.
It was described as dancing. Confirming Islam’s leniency
as regards the enjoyment of innocent pleasures, the
Prophet (upon him be peace) said to Abu Bakr, when he
stopped the concubines (jawari) from singing to
‘Aisha on the day of the Feast: “let them O Abu Bakr!
These days are celebrations, so that the Jews realise
that our religion is open and allows room for
relaxation, and that I have been sent with an easy and
straightforward message” (narrated by Ahmad from
‘Aisha). There is no need to think that the Prophet
(upon him be peace) allowed her to watch the Ethiopian
games and to listen to music simply because she was a
little girl, not yet mature [and therefore capable of
sin]. Perhaps this [permission] was also granted before
the veil became obligatory [on the Prophet’s wives] and
such amusement was forbidden to them. This is just a
possibility, not a certainty; otherwise, there would
have been no difference between scholars regarding these
rulings.
In the Fatwa Centre, under the Supervision of Dr.
Abdullah Al-Faqih:
The ruling regarding the owning (and watching of) a
television was previously discussed in a previous answer
(no. 1886). We decided there that it is legal for
Muslims to own a television; and that watching
beneficial programs is also legal, as long as one can
avoid the corrupt and corrupting programmes that it
carries. If one cannot avoid doing so, then it is
illegal to own or watch a television.
Dr. Yassir ‘Abd al-‘Azim
Question :A
question was asked regarding [the validity of] mixed
gender schools.
Fatwa in Brief: Mixed gender education (ikhtilat)
is not permitted; therefore, studying in mixed schools
is also not permitted.
The Permanent Committee, 3/103
Response:
Leaving one’s study or work because men and women are
permitted to mix there is to commit the greater of the
two sins. According to the law, Muslims are instructed
to commit the lesser evil whenever this is possible. If
excesses do occur, one should advice Muslims with wisdom
and kindness.
Commentary:
Some degree of social mixing has existed between men
and women since the dawn of Islam. This has occurred in
markets, mosques and so on. Yet, such mixing has always
been subject to restrictions, based upon Islamic legal
ethics. The fact is that work or study places are
necessarily public; thus, [the ruling] is the same as if
a Muslim was walking in the road, or had gone to the
market, and/or any other form of public meeting. In such
instances, each gender must act in accordance with the
demands of Muslim law and ethics. Regarding this matter,
we turn to the verses:
Tell the believing men to lower their gaze and be
modest (Q. 24: 30)
And:
Tell the believing women to lower their gaze and be
modest, and to display of their adornments only that is
apparent, and to draw their veils over their bosoms
(Q. 24: 31)
According to the Prophet’s Sunna, men and women are to
avoid mixing together, intimacies in secluded spaces,
physical contact [that may lead to sexual provocation],
suggestive comments, strong perfumes, places in which
many people mill around [bodies are pressed against each
other], and any action that results in the lowering of
one’s ethical standards.
In addition to behaving ethically, both Muslim men and
women should make sure to redirect those do not behave
ethically. On this point, God’s words:
And the believers, men and women, are protecting
friends, one of another; they enjoin the right and
forbid the wrong (Q. 9: 71)
This should be in a wise manner/way, in which a Muslims
seeks obedience or at least to save him/herself from the
sin of not behaving as God says:
And when a community among them said: why preach ye
to a folk whom Allah is about to destroy and punish with
an awful doom, they said: in order to be free from guilt
before your Lord, and that haply they may ward off
(evil). (Q. 7: 164)
It is illegal to remain silent regarding the violation of ethics, according to what God said:
Ye have charge of your own souls. He who erreth
cannot endure you if ye are rightly guided. (Q. 5: 105)
As mentioned in numerous texts, people will not learn to
behave ethically until they understand the command to
promote good and to forbid evil. If one’s advice [to
promote good and to forbid evil] is not at first
grasped, it is obligatory to treat the evil-doers in a
way that shows your dissatisfaction with them. In this
way, they may eventually rectify their behaviour.
It is difficult for someone to leave his/her study or
work, because men and women mix there. After all, most
fields – both nationally and internationally – involve
such mixing. It is a legal obligation to consider this
matter seriously and cautiously. For, in this era, the
complete separation of men and women is impossible in
most places. To walk away from one’s studies or work out
of a fear of mixing with someone from the opposite sex
is actually a greater sin than remaining in the
study/work place. It is a waste of knowledge, and
weakens one’s work and the Umma. [As stated above] It is
incumbent upon Muslims to do the opposite: commit the
lesser of two sins. Hence, one should strive to gain
knowledge and work experience, even though this involves
one sharing one’s study/work place with someone of the
opposite sex. In addition to that, advising with wisdom
is a legal obligation which lifts all blame and sin
(from the advisor). And God knows best.
Dr. Yassir ‘Abd al-‘Azim
Question :A
question was asked regarding [the validity of] learning
a foreign language.
Fatwa in Brief: If there is no legal necessity to
learn a foreign language, then doing so is disliked (makruh)
Permanent Committee, 12/133
Response:
Mastering a language is permitted. Those who do so
gain valuable knowledge and rewards (thawab), as
long as their purpose for doing so is good, and their
use of this language agrees with [the principles and
demands of] the law.
Commentary:
Among Muslims, there should be those with knowledge
of foreign languages. This is specifically the case for
those who wish to call [non-Muslims] to Islam. [But] It
is also important in terms of coexisting with other
countries. No authoritative text forbids this; while
there are reasons for us to encourage it [second
language acquisition among Muslims]. Al-Bukhari includes
a hadith, attributed to Zaid Ibn Thabit,
in which the Prophet (upon him be peace) ordered Zaid to
learn to write Hebrew. Zayd did so accordingly: “I would
write for him when he wrote (to them), and read to him
when something was written to him”. Likewise, Abu Jamra
remarked that: “I used to translate for ibn Abbas and
the people, and some of the people said: A ruler should
have translators”.
The Prophet (upon him be peace) was fond of Zayd because
he had memorized much of the Holy Book. So the Prophet
(upon him be peace) asked Zayd to learn the language of
the Jews, as he did not trust the Jews to record the
Qur’an in their language accurately. [It is said that]
Zayd took half a month to learn Hebrew, and,
subsequently, wrote for the Prophet when he [the
Prophet] wished to address the Jews; similarly, when
they wrote to him [the Prophet], Zaid translated what
had been written. Thus, Zayd learnt Hebrew and/or Syriac
by order of the Prophet, and because they was a need for
this. The scholars spoke about mastering a language, so
that [foreign] witnesses may, for instance, be trusted
in court. This shows that mastering a foreign language
is permitted; and that the one who does so gains
valuable knowledge and rewards (thawab),
providing that his/her intentions are pure, and that
his/her use of language remains within the parameters of
the law.
In the Fatwa Centre, under the supervision of Dr.
Abdullah Al-Faqih:
There is no prohibition against people learning foreign
languages, such as English. Indeed, learning these
languages could be obligatory on some members of
society, if there were sufficient benefits depending
upon this. And God knows best.
Dr. Yassir ‘Abd al-‘Azim
Question :A
question was asked regarding [the validity of] using
musical instruments for educational purposes.
Fatwa in Brief: It is not permitted to play any
instrument – such as those instruments normally used to
entertain – that is not used to play Islamic psalms, or
for the purposes of education.
The Permanent Committee, 12/184-186
Response:
Using musical instruments in education or for other
purposes according to those who allow it is permissible
with the condition that the lyrics of this music are
compatible with the spirit of Islam, and do not contain
obscenities.
Commentary:
The scholars differ regarding the validity of
playing musical instruments and singing when it is
accompanied with music. Some deem it permitted, while
many others prohibit it. The majority considers such
music illegal (haram); while a group of scholars
reject all hadiths that deal with the subject of
singing, claiming that none of them is sound (sahih),
and/or that those of them that are sound do not provide
clear evidence [of a prohibition]. Hence, for example,
Ibn al-‘Arabi al-Maliki said that “none of the
hadiths regarding [the prohibition against] singing
is sound, as the people who report them (naqiliha)
did not trust those mentioned in the hadith.
Regarding the the kind of percussion instruments used
traditionally in [Arab/Muslim] weddings – and
specifically the daf and tabl – it is
permitted to play these providing that the lyrics of the
[wedding] songs remain compatible with the spirit of
Islam and do not contain obscenities.
The permission to play the daff [an instrument
resembling a tambourine/drum] at a wedding does not mean
that it only is exclusively permitted; rather, he
mentions the daff since it is the best-known of
its genre. Indeed, any instrument may be used to
announce the wedding. The permission to play a pipe (mizmar)
at a wedding has already been demonstrated through the
Prophetic hadith in which Abu Bakr protested
against the playing of musical instruments at the house
of the Prophet (upon him be peace). God’s Messenger
replied: ‘O Abu Bakr, let them be [the pipe players].
This is a festival (‘id)”. What is not permitted,
however, is for men and women to mix freely, and/or to
listen to vulgarities. If musical instruments are used
at occasions where people [are likely to] overstep the
boundaries of good taste, these instruments should not
be used in the first place.
Ibn Hazm, in response to those who argue against playing
musical instruments using the hadith attributed
to Abu Malik al-Ash‘ari and included in Bukhari’s
collection of hadith, in which the Prophet (upon
him be peace) says: “From among my followers, there will
be some people who consider illegal sexual intercourse,
the wearing of silk, the drinking of alcoholic drinks
and the use of musical instruments, as lawful” judged this hadith, to contain a
broken chain of narrator: a gap between al-Bukhari and
the second narrator, Sadqa Ibn Khalid.
According to Ibn Hazm, “nothing in this chapter [on
music] is correct; rather everything here is invented”.
[He continues to say] “I swear to God if all these
hadiths, or even one, were transmitted by a
trustworthy source, [and thus this ruling could be
traced] back to the time of the Prophet (upon him be
peace), I would not hesitate to follow it”.
This is enough to show that the ruling regarding
singing, when accompanied with music, is a matter that
divides the scholars. And, as mentioned previously, if
the scholars differ in their opinions, each Muslim is
free to follow the opinion that best suits him/her. For,
there is richness and space [of interpretation in
Islam].
Ultimately, each listener must, on occasion, act as
his/her own moral counselor. Thus, if s/he finds that a
particular song, or genre of song, speaks directly to
his/her animal, rather than spiritual, side, s/he should
avoid listening to it. In so doing, s/he closes the door
on conflict and dissension in his/her heart. Here [as
always], religion is compatible with ethics. [A final
point] All scholars agree that singing is illegal if it
is accompanied by illegal acts, such as those that often
happen in a drinking environment.
And God knows best.
Dr. Yassir ‘Abd al-‘Azim
Fatawa of the Egyptian House of Iftaa' (21),
the Mufti, Shaykh Atteya Saqr, May 1997.
Al-Tirmidhi,
Sunan, 2988.
Shaykh Nasir al-Din al-Albani, al-Silsila al-Da‘ifa,
Part V, p. 375 and following.
Fatwa no. 21296, the 11th of
Jamad al-Thani, 1423.
E.g.
Abu Dawud, 2645. (Tirmidhi reference not given.)
Shaykh ‘Atiya Saqr, from the Fatwas of the
Egyptian Dar al-Ifta’ no. 68, May 1997.
Shaykh Jad al-Haqq, Fatawa Dar al-Ifta’ al-Misriyya,
no. 1279.
Ibn
Hajar, Al-Matalib al-‘Aliya, Part IV, p.
28.
Shaykh Atiyya Saqr, Fatwa Dar al-Ifta’ al-Misriyya,
no. 72, May 1997.
Fatwa no. 15702, 9th Safar, 1423
[AH].
Shaykh Attiya Saqr, Fatawa Dar al-Ifta’ al-Misriyya,
no. 328, May 1997.
Fatwa no. 51311, 2 Jamad al-Thani, 1425, AH.
Ibn
al-‘Arabi, Ahkam al-Qur’an, 3/527
Ibn Hazm, Al-Mahali, 7/565