Chapter 3 - Islamic Laws PDF

CHAPTER 3 SHARIAH (ISLAMIC LAWS) LEARNING OUTCOMES 1. Define the meaning of Shariah and its importance to human life. 2. Understand the features and purposes of Shariah. 3. Explain the division of law (hukum) in Islam. 4. Clarify the division of fiqh knowledge in Islam. 5. Describe the schools of t...

CHAPTER 3 SHARIAH (ISLAMIC LAWS) LEARNING OUTCOMES 1. Define the meaning of Shariah and its importance to human life. 2. Understand the features and purposes of Shariah. 3. Explain the division of law (hukum) in Islam. 4. Clarify the division of fiqh knowledge in Islam. 5. Describe the schools of thought in Islamic Fiqh. THE SHARIAH DEFINITION OF SHARIAH  Linguistically, shariah means a straight path.  It is also interpreted as a religious teaching (manhaj) by some scholars.  In terms of terminology, syariah means any ruling revealed to Rasulullah SAW which consists of the laws in the Qur'an and al-Sunnah, which relate to the field of faith (aqidah) and mukallaf deeds, whether definitive (qath'ie) or speculative (zhanni) law. SHARIAH IN QURAN Allah said in surah al-Maidah verse 48: ‫ِشعَة َو ِم ْْنَاجا‬ ْ ُ ‫ك َج َعلْنَا ِم‬ ْ ِ ‫نُك‬ ٍّ‫ِل ُ ل‬ Meaning: To each of you We prescribed a law and a method SHARIAH IN QURAN Allah said in surah al-Jathiah verse 18: ‫ين ََل يَ ْعلَ ممو َن‬ ِ َّ‫اك علَى ش ِريعة ِمن ْاْلَم ِر فَاتَّبِعها وََل تَتَّبِع أَهواء ال‬ ‫ذ‬ َ َ َْ ْ َ َْ ْ َ َ َ َ َ َ‫مُثَّ َج َع ْلن‬ Meaning: Then We put you, [O Muhammad], on an ordained way concerning the matter [of religion]; so, follow it and do not follow the inclinations of those who do not know.  Rabbaniah (‫)الرابنية‬ Waqi’iyyah Syumuliah (‫)الواقعية‬ (‫)الشمولية‬ The Features of Shariah Thabat wa ‘Alamiah murunah (‫)العاملية‬ (‫)الثبات واملرونة‬ RABBANIAH (‫)الرابنية‬  Rabbaniah (‫ )الرابنية‬means Revelation from Allah  Shariah is a set of laws and a moral system determined by Allah.  It is free from all weaknesses such as injustice and oppression.  It is protected and has been refined by Allah.  As His servants, we have no right to dispute on Shariah matters except to obey what Allah has determined. SYUMULIAH (‫)الشمولية‬  Syumuliah (‫ )الشمولية‬means Comprehensive  Islam is a way of life.  The knowledge and teachings of Islam are very broad and cover all matters of human life.  The content of Islam is so comprehensive because there is no answer will not be found in it.  It covers everything from the smallest issues to the bigger ones. THABAT WA MURUNAH (‫)الثبات واملرونة‬  Thabat wa murunah (‫ )الثبات واملرونة‬means Permanent & Change.  The evidence (dalil) is fixed but the interpretation is variable as long as within the Islamic discipline.  Since the worldly matters are always changing, it is important the mujtahid to perform ijtihad from time to time using the Shariah sources.  Therefore, the principle in these sources remains the same, but the branches of knowledge (furu’iyyat) are always variable and flexible. ‘ALAMIAH (‫)العاملية‬  ‘Alamiah (‫ )العاملية‬means Universal  Islamic Sharia naturally transcends boundaries of color, race, and geography.  It has never been irrelevant and has always been suitable for use in human life forever.  People from each corner of the world do not facing a problem in implementing Shariah. WAQI’IYYAH (‫)الواقعية‬  Waqi’iyyah (‫ )الواقعية‬means Realistic & Practical.  Islam is not only a visionary and idealistic system, but it is very practical.  When Islam came to the people of Arab, almost all nonsense deeds and practices were replaced by better value and attitude.  The development of Islamic civilization also stems from the acceptance of non-Muslims to its teachings which are practical in nature.  THE PURPOSE OF SHARIAH (MAQASID SHARIAH) THE PURPOSE OF SHARIAH (MAQASID SHARIAH)  Maqasid Shariah refers to the meaning of ‘objective of Shariah’ which carries a meaning based on actual statements or facts.  Generally, it is explained by the scholars of usul fiqh as the meaning and purpose required by syara‘ in prescribing a law to ensure the welfare of mankind.  It also has its own importance in considering something in order to guarantee the benefits and reject the disadvantages and must be based on the values of the Qur'an and Sunnah. THE PURPOSE OF SHARIAH Tahsiniyah Hajiah Daruriyah Maqasid al-Shariah MASLAHAH DARURIYAH  Daruriyah stand for protection of necessities.  The five primary purposes of Shariah as identified by al-Imam al- Shatibi are: 1. Preservation of the religion of faith 2. Preservation of life or self 3. Preservation of the mind or intellect 4. Preservation of the progeny/dignity 5. Preservation of property MASLAHAH HAJIYAH  Hajiyah stand to take care of the needs towards a better life and provide convenience in case of difficulties.  It eases difficulties and eliminate or reduce hardship in people’s lives.  Example: to own a vehicle for transportation or to have more shirt MASLAHAH TAHSINIYAH  Tahsiniyah pertain to all the laws of Shariah that stand for provision for betterment in life.  It is improving the quality of human life, human conduct and morals.  Example: have an expensive and a very good car for transportation or buy a branded shirt for its high quality.  THE FIQH KNOWLEDGE FIQH KNOWLEDGE  In terms of language, al-fiqh (‫ )الفقه‬is defined as al-fahmu (‫ )الفهم‬which means understanding.  This is based on the prayer of the Prophet SAW to Ibn ‘Abbas RA:\ ‫اللَّهُ َّم َ ِّقٍّه ْْ ُه ِِف ٍّ ِال ِين‬ Meaning: God, give understanding in religion Sources: Sahih al-Bukhari (143) dan Sahih Muslim (2477) FIQH KNOWLEDGE  Technically, it refers to the sciences of derived practical legal rules relating to human conduct, as acquired from the sources of Shariah.  Besides, anyone who was knowledgeable in matters of religion, was called faqih.  In Islam, the law of Fiqh devided into 5: Fard, Mandub, Mubah, Makruh and Haram.  THE LAW OF FIQH An obligatory Actions that Translated as A disliked or Meaning Haram Wajib / Fard Mubah Mandub Makruh act, with are not permitted. offensive act. forbidden or failure to required by The acts The action unlawful. perform it law but are where it is left which is done The act that being sinful. considered to up to the liable will not get sin cause a sin. be meritorious person and those who and will be whether or not leave the rewarded. to perform action will get them. a reward THE LAW OF FIQH – WAJIB/FARD Divided into 4 classifiations: 1. Based on the Subject Who are Required to Perform 2. Based on the Time Available for Performance 3. Based on the Extent of the Required Act 4. Based on the Identification of the Object of the Required THE LAW OF FIQH – WAJIB/FARD Based on the Subject Who are Required to Perform 1. Wajib ‘ayni means the demand for each individual to perform an act according to ability such as prayer, fasting and pilgrimage. 2. Wajib kifai means an act that is obligatory on a society. If someone in the community commits such an act, the rest will not be as responsible such as burying a corpse. THE LAW OF FIQH – WAJIB/FARD Based on the Time Available for Performance: 1. Wajib mutlaq means an act that is not set a definite time for its implementation. For example, the obligation to pay kaffarah due to not fasting in the month of Ramadan. 2. Wajib muqayyad means an obligatory act that has been set at a certain time that has a beginning and an end such as the Subuh prayer which starts from the rising of fajr until a sunrise. THE LAW OF FIQH – WAJIB/FARD Based on the Extent of the Required Act 1. Wajib muhaddad means an act whose amount or extent has been determined like the 5 times daily prayer and the 2.5% amount of zakah from the wealth. 2. Wajib ghair muhaddad means an act whose any amount has not been fixed like spending or charity in the way of Allah and the nafaqah that should be given to the wife or children. THE LAW OF FIQH – WAJIB/FARD Based on the Identification of the Object of the Required 1. Wajib muayyan is the act that is required specifically, there is no choice in it with respect to the act to be performed. Example like prayer. 2. Wajib mukhayyar is act which is not specific but have some of several determined acts, like the punishment (kaffarah) for breaking the oath, the person must feed to 10 of needy people, or freeing a slave. There is an optional to perform any of them. THE LAW OF FIQH – MANDUB There are 3 types of Mandub or Sunnah: 1. Sunnah Mu’akkadah 2. Sunnah Ghayr Mu’akkadah 3. Sunnah Zawa’id THE LAW OF FIQH – MANDUB Sunnah Mu’akkadah  Sunnah Mu’akkadah is an act that is recommended by the Prophet continuously.  It is very rarely abandoned by the Prophet SAW.  We should strive to emulate and follow in the footsteps of the practice that he has shown.  The examples: A congregational prayers, azan and iqamah before prayers, reciting qunut during Subuh prayers. THE LAW OF FIQH – MANDUB Sunnah Ghayr Mu’akkadah  Sunnah ghayr mu’akkadah is an indeterminate recommended action.  That is an act that was not done by the Prophet on a regular basis like the acts of sunnah of muakkad.  However, we are still encouraged to do these practices.  Example: Do a charity, giving a sadaqah to those in need, helping people, perform a prayer before Asar and Isya’ as said by Prophet saw. THE LAW OF FIQH – MANDUB Sunnah Zawa’id  Sunnah zawaa’id is the act of the prophet pertaining to ordinary daily task as a human being, like his dress, food and drink as well as his dealings with his family members.  A person will be rewarded to follow this action (Sunnah of Prophet saw) but for those who did not will not be blamed. THE LAW OF FIQH – MAKRUH Makruh is divided into: 1. Makruh Tahriman – Close to haram. As an example, marrying someone who is infected with HIV. 2. Makruh Tanzihan – Makruh by itself. The nature of the decree determined by Allah and His Messenger on several occasions. For example, eating while standing or praying in congregation after eating durian THE LAW OF FIQH – HARAM Divided into 2 groups: 1. Haram li zatihi (prohibition by itself) 2. Haram li ghairihi (prohibition by external factors). THE LAW OF FIQH – HARAM Haram li zatihi (prohibition by itself)  Haram li zatihi means, the act that is prohibited for itself is one that was declared prohibited by itself right from the start.  The prohibition of the item is determined by evidence from the Quran and Sunnah.  Example like eating pork, having sex before marriage, stealing and drinking liquor. THE LAW OF FIQH – HARAM Haram li ghairihi (prohibition by external factors)  Haram li ghairihi is the act that is prohibited due to an external factor.  It is not prohibited initially, and was legal by itself, but an external factor emerged and led to its prohibition.  Examples on this category like eating a stolen chicken, drink from a contaminated water, ISLAMIC FIQH KNOWLEDGE Fiqh Fiqh Ibadah Mualamah Fiqh Fiqh Jinayah Munakahah  FIQH IBADAH  FIQH IBADAH Fiqh Ibadah means the devotion and worship of a Muslim to Allah which is done in humility to God and with sincere intention according to the ways prescribed by the religion. Allah said in surah an-Nisa’ verse 36: ‫ۡ ُُا ْا ِ ِه ََ ۡۡٗٔاا‬ ِ ۡ ُ ُ ََ ‫َوٱ ۡع ُبدُ و ْا ٱ َّ ََّل َو‬ Meaning: Worship Allah and associate nothing with Him  Purification (Taharah) Partial Hajj & Ablution Umrah (Wudu’) Full Zakat Ablution Fiqh (Bath) Ibadah Dry Fasting Ablution (Tayamum) Prayer The (Solat) Corpse Management PURIFICATION (TAHARAH)  FIQH IBADAH – TAHARAH  Taharah means Cleanliness or Purification  According to Islamic law it is an act of purifying oneself from ritual impurity or even najis or filth until one is eligible to perform a particular ibadah for worshipping Allah like performing daily prayers.  It is a symbol of iman and piousness of a muslim’s personality, as mentioned in his hadith: Purification is half of iman (faith) – Narrated by Imam at-Tirmidzi.  FIQH IBADAH – TAHARAH Allah said in surah al-Baqarah verse 222: ‫ا َّن ٱ َّ ََّل ُ ُِي ُّب ٱلتَّ َّ َّٰاِ َِني َو ُ ُِي ُّب ٱلۡ ُم َت َطهٍِّ ِر َين‬ ِ Meaning: Indeed, Allah loves those who are constantly repentant and loves those who purify themselves.  FIQH IBADAH – TAHARAH  Muslims must purify themselves from impurities which are divided into 3 types: 1. Mughallazah – pig and dog* 2. Mutawasitah – feces, urine including mazi and wadi, flowing blood, carcasses and khamar* 3. Mukhaffafah – urine of boys less than 2 years of age.  FIQH IBADAH – TAHARAH Surah al- Maidah verse 3 about carcasses, blood and pig: ‫ُح ٍّ ِر َم ۡت عَلَ ۡي ُ ُُك ٱلۡ َم ۡي َت ُة َوٱلَّ ُم َول َ ۡح ُم ٱلۡ ِخ ِزني ِر َو َما ٓ ٱ ِِه َّ َّ ِلَ ۡ َِۡ ٱ َّ َِّل ِ ِه‬ Meaning: Prohibited to you are dead animals, blood, the flesh of swine, and that which has been dedicated to other than Allah  FIQH IBADAH – TAHARAH Surah al-An’am verse 145 about carcasses, blood and pig: ‫ان َم ۡۡ َتة‬ َ َُ ُ ‫ي‬ ‫ن‬ َ ‫ٱ‬ ٓ ََّ ‫ا‬ ٓ ‫ه‬ ُ ‫م‬ ‫ع‬ ۡ ‫ط‬ َ ِ ِٓ ُ َ َ ‫وِح ِا َ ََّل ُم َح َّرما عَ َ َٰل َط م‬ ‫اع‬ َ ِ ‫ُّق َّ ََّ ٓ َٱ ِجدُ ِِف َما ٓ ٱ‬ ‫َٱ ۡو دَما َّم ۡس ُْاحا َٱ ۡو لَ ۡح َم ِخ ِزن مير فَان َّ ُهٓ ِر ۡجس َٱ ۡو ِف ۡسقا ٱ ِِه َّ َّ ِلَ ۡ َِۡ ٱ َّ َِّل ِ ِه‬ ِ Meaning: Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure - or it be [that slaughtered in] disobedience, dedicated to other than Allah  FIQH IBADAH – TAHARAH Hadith from Sahih Bukhari no 307 about blood: ‫يب ثَ ْاَبَ َا ِم ْن‬ ُ ‫ ّقَالَ ْت َج َاء ِت ا ْم َر َٱة ا ََل النَّ ِ ِ ٍّب صَل هللا عليه وسمل فَ َقالَ ْت ا ْحدَ َاَن َُ ِص‬،‫َع ْن َٱ ْ َْس َاء‬ ِ ِ ‫َد ِم الْ َح ْيضَ ِة َُ ْي َف تَ ْصنَ ُع ِ ِه ّقَا َل " َ َُتتُّ ُه ُ َُّ تَ ْق ُر ُص ُه ِِبلْ َما ِء ُ َُّ تَ ْنضَ ُح ُه ُ َُّ ت َُص ِ ٍّّل ِفۡ ِه‬ Meaning: Asmaa’ narrated that a woman came to the Prophet s.a.w and said, "one of us got menstrual blood on his clothes, what should he do?" He replied, "You scrape and rub with water and then rinse, then you can pray with the clothes."  FIQH IBADAH – TAHARAH According to Imam Nawawi, when a person kills mosquitoes and fleas and their blood comes in contact with clothing or sticks to the cracks of the fingers, the law is najis if it is in large amounts. As for if a little, then it is wrong among the scholars, and the most authentic opinion is that it is forgiven. (Refer to Al-Majmu ’Syarh Al-Muhazzab, 3/135).  FIQH IBADAH – TAHARAH Hadith narrated by Muslim no 279 about dog licking: ِ‫ َٱ ْن َ َ َْ ِس َ َُل َسب ْب َع َم َّر لات ٱ َوَِه َُّن ِِب ُّ َلُّ ِا‬،‫َطه ُُار ا ََن ِء َٱ َح ِد ُ ُْك ا َذا َولَ َغ ِفۡ ِه ْال َ َْك ُب‬ ِ ِ Meaning: Purify the container of one of you when it is licked by a dog is by washing it seven times and the first (washing) with soil  FIQH IBADAH – TAHARAH Hadith narrated by Bukhari no 266 & Muslim no 303 about mazi: ُ ‫ فَ َقا َل َر ُس‬- ‫ُُ ْن ُت َر ُجال َم َّذاء فَ َج َعلْ ُت َٱ ْغت َ ِس ُ َّ َح ََّّت ُ َ َشقَّ َق َظهْ ِرى فَ َذ َُ ْر ُت َذ ِ َِل ِللنَّ ِ ِ ٍّب َٱ ْو ُذ ُِ َر َ ُل‬ ِ َّ ‫ال‬ ‫اَّل‬ َ ‫ََ تَ ْْ َع ْ َّ ا َذا َر َٱَْ َت الْ َم ْذ َى فَا ْغ ِس ْ َّ َذ َُ َر َك َوتَ َاََّّ ْ ُوَُّ َاء َك ِل َّلص َال ِة فَا َذا فَضَ خ‬ َّ ْ ‫ْت الْ َم َاء فَا ْغت َ ِس‬ ِ ِ Meaning: I am a man who always goes out mazi, I always shower in the winter behind me see the cracks. I asked that to Rasulullah SAW. Rasulullah SAW said: “Do not do that, if you see mazi then wash your genitals and perform ablution, you perform ablution for prayer. If you pour water (semen) then you will take a shower  FIQH IBADAH – TAHARAH Imam Syafie said in his book al-Umm about mazi & wadi: ،‫ َٱ ْو َم ْذ لٍ َٱ ْو َود لٍْ َٱ ْو َما ََ َ ُ ْع َر ُف‬،‫ك َما خ ََر َج ِم ْن َذ َُ لر ِم ْن ُر ُطاِ َ ِة ِ َ ْا لل‬ ٍّ ِ ُ ‫َٱ ْو َ ُ ْع َر ُف فَه َُا َ َِنس ُُكُّ ُه َما خ ََال الْ َم ِن‬ Meaning: Every urine, mazi, wadi or something unknown or perceived comes out of the genitals, then all its laws are najis except semen PARTIAL ABLUTION (WUDU’)  FIQH IBADAH – WUDU’  Wudu’ translated as Partial Ablution  Wudu’ is from Arabic word ‘al-wada'ah’ which carries the meaning of al-hasan which is goodness and also an-nazofah which is cleanliness.  It is understandable that the provision of ablution carries an important message in our lives as Muslims who need to always do good and maintain cleanliness outwardly (zahir) and inwardly (batin).  FIQH IBADAH – WUDU’ Wahbah Zuhayli said in his book Al-Fiqhu Al-Islami Waadillatuhu, defines wuḑu’ as a pure water on the limbs (face, hands, part of the head and feet) based on the properties prescribed by the syara’. In terms of syara‘ wuḑu' is washing the face, both hands to the elbows, wiping part of the head and washing the feet preceded by intention and done in an orderly manner.  FIQH IBADAH – WUDU’ Allah swt said in surah al-Maidah verse 6: ِ ‫َ َ َّٰ َُّْٓيُّ َا ٱ َّ َِّل َين َءا َمنُ ٓا ْا ا َذا ّقُ ۡم ُ ُۡت ا ََل ٱ َّلصلَ ٰا ِة فَْ ۡغ ِسلُا ْا ُو ُجا َِه ُ ُۡك َو َٱَۡ ِديَ ُ ُۡك ا ََل ٱلۡ َم َرا ِف ِق َوٱ ۡم َس ُحا ْا ِب ُر ُء‬ ‫وس ُ ُۡك‬ ِ ِ ِ ‫َو َٱ ۡر ُجلَ ُ ُۡك ا ََل ٱ ۡل َُ ۡع َب ۡ ِني‬ ِ Meaning: O you who have believed, when you rise to [perform] prayer, wash your faces and your forearms to the elbows and wipe over your heads and wash your feet to the ankles  FIQH IBADAH – WUDU’ Cancellation of Ablution: 1. Get something out of one of two ways (qubul and dubur). Hadith: َْ ََّّ‫اَّل َصال َة َٱ َح ِد ُ ُْك ا َذا َٱ ْحدَ َث َح ََّّت َ َ َت َا‬ ُ َّ َّ ُ ‫َ َ َ ْق َب‬ Meaning: Allah will not accept the prayers of any of you if he has hadath until he performs ablution – Bukhari no 6954 and Muslim no. 225  FIQH IBADAH – WUDU’ Cancellation of Ablution: 2. Touching someone who is not Mahram. Allah said in surah al-Maidah verse 6: ٓ‫د ِ ٍّم ُنُك ِ ٍّم َن ٱلۡ ََآئِطِ َٱ ۡو ل َ َّٰ َم ۡسب ُ ُُت ٱل ِن ٍّ َسا َء‬ٞ ‫ض َٱ ۡو عَ َ َٰل َس َْ لر َٱ ۡو َجا ٓ َء َٱ َح‬ ٓ ٰ َ ‫نُت ُجنُبا فَْ َّطه َُّرو ْا َوان ُُ ُنُت َّم ۡر‬ ۡ ُ ُُ ‫َوان‬ ِ ِ Meaning: And if you are in a state of janabah, then purify yourselves. But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women  FIQH IBADAH – WUDU’ Cancellation of Ablution: 3. Touching the genitals without any lining. Hadith: ْ ََّّ‫َم ْن َم َّس َذ َُ َر ُه فَلْ َي َت َا‬ Meaning: Whoever touches his genitals, then perform ablution - Narrated by Abu Dawud (no 181), al-Nasaie (no 163) and Ibn Majah (no 479)  FIQH IBADAH – WUDU’ Cancellation of Ablution: 4. Loss of mind - insanity, fainting or intoxication due to opium (drugs), epilepsy (seizures) or sleeping too soundly ‫جيب الْ ُاَُّ ْا ُء عَ ََل َم ْن َنَ َم َجا ِلسا َا ْو ّقَائِما َا ْو َس ِاجدا َح ََّّت ََضَ َع َج ْن َبه‬ ُ ََ Meaning: It is not obligatory to perform wuḑu’ on a person who sleep in a state of sitting, standing or prostrating, (except) until he put his ribs on – Narrated by Baihaqi  FIQH IBADAH – WUDU’ When is the obligation of Ablution? 1. Any types of prayers. According to hadith: ‫عن ايب ُِهريرة ريض هللا عنه ان النب صَل هللا عليه وسمل‬ َْ ََّّ‫هللا َص َال َة اٱ َح ِد ُ ُْك ا َذا َٱ ْحدَ َث َح ََّّت َ َ َت َا‬ ُ َّ ُ ‫ ََ َ َ ْق َب‬:‫ّقال‬ ِ Meaning: From Abi Hurairah r.a, the Prophet said: The prayers of one of you are not accepted when he is impure, until he perform an ablution  FIQH IBADAH – WUDU’ When is the obligation of Ablution? 2. Performing Tawaf. According to hadith: ٍ‫افْ َع ِّل َ َمَك َ َ ْْ َع ُ َّ الْ َح ُّاج غَ ْ َۡ َٱ ْن ََ تَ ُط ِاِف ِِبلْ َبيْ ِت َح ََّّت تَ ْطهُ ِر‬ Meaning: Do what those who perform Hajj do, except that you do not circumambulate (tawaf) until you are clean (from menstruation) - Imam Bukhari (no 1650)  FIQH IBADAH – WUDU’ When is the obligation of Ablution?: 3. Touching the Mushaf of Quran. According to hadith: ‫متس القرٱ ٓ َن ا ََّ طاِهر‬ َّ َ : ‫ّقال رسال هللا صَل هللا عليه وسمل‬ Meaning: That the Prophet s.a.w said "The Qur'an is not can be touched except by a holy person ” - Narrated by An-Nasai, Dar Quțni, Baihaqi and al-Asrami FULL ABLUTION (BATH)  FIQH IBADAH – BATH  The law of Bath translated as Full Ablution  Al-Jaziri in his book Al-Fiqhu Ala Mazahib Al-Arba'ah said that bathing is using water which is sacred to be flowed throughout the body in a manner prescribed by sharia.  According to surah al-Maidah verse 6: ُۡ ُُ ‫َوان‬ ‫نُت ُجنُبا فَْ َّطه َُّرو ْا‬ ِ Meaning: And if you are in a state of janabah, then purify yourselves  FIQH IBADAH – BATH Hadith narrated by Bukhari no 266 & Muslim no 303: ‫اَّل ََ تَ ْْ َع ْ َّ ا َذا َر َٱَْ َت الْ َم ْذ َى فَا ْغ ِس ْ َّ َذ َُ َر َك َوتَ َاََّّ ْ ُوَُّ َاء َك ِل َّلص َال ِة‬ ِ َّ ‫ال‬ ُ ‫فَ َقا َل َر ُس‬ ِ َّ ْ ‫ْت الْ َم َاء فَا ْغت َ ِس‬ َ ‫فَا َذا فَضَ خ‬ ِ Meaning: Rasulullah SAW said: “Do not do that, if you see mazi then wash your genitals and perform ablution, you perform ablution for prayer. If you pour water (semen) then you will take a shower  FIQH IBADAH – BATH Reasons for bathing: 1. Sexual Intercourse 2. Semen comes out 3. Cessation of Menstrual and Childbirth Bleeding 4. Dead 5. Converted to Islam  FIQH IBADAH – BATH Reasons for bathing: 1. Sexual Intercourse. According to surah al-Maidah above & hadith: َ َّ ‫هللا عليه‬ ‫وسمل‬ ُ ‫ّقَا َل النَّ ِب َص ََّل‬ ‫ِني َُ َع ِِبَا ْا ََ ْرَِع ِ َ ُُ ََجدَ ِها فَ َق ْد َو َج َب الْ َُ ْس ُ َّ عَلَ ْيه َوِا ْن لَم َ َِزن ْل‬ َ ‫ا َذا َجلَ َس َا َحدُ ُ ُْك‬ ِ Meaning: The Prophet saw said: When one of you is seated between the two legs and the two hands of the woman then having sex with her, then it is obligatory to take a bath, even if it is not ejaculate ( Bukhari & Muslim)  FIQH IBADAH – BATH Reasons for bathing: 2. Semen comes out. Based on hadith: ‫وسمل َع ِن الْ َم ْر َٱ ِة ََرى ِ ى َمنَا ِمهَا َما‬ َ َّ ‫صَل هللا عل َيه‬ َّ ‫نب‬ ِ ‫ل‬‫ا‬ ِ ‫ت‬ َ ‫ل‬َ ْ ‫س‬ َ ‫ْي‬ ‫ل‬ ْ ِ ُ ‫ح‬ َ َ ‫ت‬ ْ ‫ن‬ ِ َ ‫َل‬َ ‫َا‬ ْ ‫خ‬ ‫ن‬ َّ ِ ‫ا‬ َّ ْ ‫ ا َذا َر َٱ ِت الْ َم َاء فَلْ َت َْت َ ِس‬:‫َيرى َّالر ُج ُ َّ فَ َقا َل‬ ِ Meaning: That Khaulah bint Hakim asked the Prophet about a woman who dreams of having sex in her sleep like a man dreaming. So the Prophet said: if you see water (semen) then take a bath (Narrated by Imam al-Nasa’i)  FIQH IBADAH – BATH Reasons for bathing: 3. Cessation of Menstrual. Based on surah al-Baqarah verse 222: ‫َوي َ ۡسَٗٔلُان ََك َع ِن ٱلۡ َم ِح ِيض ّقُ ۡ َّ ِه َُا َٱذى فَْ ۡع َ َِتلُا ْا ٱل ِن ٍّ َسا ٓ َء ِِف ٱلۡ َم ِح ِيض َو ََ تَ ۡق َرُِاِه َُّن َح َّ َّٰت َ َ ۡطه ُۡر َن‬ Meaning: And they ask you about menstruation. Say, "It is harm, so keep away from wives during menstruation. And do not approach them until they are pure.  FIQH IBADAH – BATH Reasons for bathing: 3. Cessation of Menstrual. Based on hadith : َ َّ ‫هللا عليه‬ :‫وسمل فقا َل‬ ُ ‫َا َّن فاطم َة ِيْ َت َٱ ِِب ُح َبيْ لش ََكن ََت ُ ُ ْسب َت َح ُاض فَ َسَْل َ ِت النَّ ِ ِ ٍّب صَل‬ َّ ‫ فَا َذا َٱ ّْق َبلَ ِت الْح ْيضَ ُة فَدَ ِعى‬.‫َذ ِِل َع َرق َولَي َْس ْت ِِبلْح ْيضَ ِة‬.‫ فَا َذا َٱد َْبر ْت فَا ْغ ِس ِ ِّل َو ِص ِ ٍّّل‬,‫الص َال َة‬ ِ ِ Meaning: Fatimah bint Abi Hubaisy is ill istihaḑah. Therefore, he asked the Prophet, then the Prophet replied: That sweat is not menstrual blood; When menstruation comes, leave prayer, and when menstruation is over then take a bath and pray. (Bukhari & Muslim)  FIQH IBADAH – BATH Reasons for bathing: 4. Cessation of Childbirth Bleeding. Based on kitab Fiqh al-Manhaji by Imam al-Syafie: Al-Wiladah means childbirth. Sometimes childbirth is not followed by bleeding (nifas), but the law for women in that situation is the same as the law of janabah. This is because the child that is born is the result of a combination of female semen and male semen. The law remains the same despite the different (form) of the content in which it is born or the manner in which it is born. When the birth of a child is followed by bleeding as is the custom of women who give birth, the blood is called nifas which has certain laws.  FIQH IBADAH – BATH Reasons for bathing: 5. Dead. Based on hadith: :‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ َ ‫ِ ى َّ ِاَّل ٍْ َس َقطَ َع ْن َرا ِحلَ ِته فَ َم‬ ‫ات ا ْغ ِسلُ ْا ُه ِ َما لء َو ِس ْد لر‬ ِ Meaning: From Ibn Abbas that the Prophet s.a.w said about whoever falls in his vehicle and dies, bath him with water and bidara leaves (Muttafaq Alaihi)  FIQH IBADAH – BATH Reasons for bathing: 6. Converted to Islam. Based on Hadith: ِ‫َع ْن ّقَيْ ِس ْب ِن عَ ل‬.‫اِص َٱن َّه َٱ ْس َ َمل فََْ َم َر ال ِنب صَل هللا عليه وس َمل َٱ ْن َ ََت َ ِس َ َّ ِبَمَا لء َو ِس ْد لر‬ Meaning: From Qais bin Aşim that he converted to Islam, then the Prophet s.a.w. told him to take a bath with water and bidara leaves. DRY ABLUTION (TAYAMUM)  FIQH IBADAH – TAYAMUM  Tayamum translated as Dry Ablution  It is means deliberately imposing a land rubbed on the face and both hands as a substitute for ablution and bath with the conditions determined by the syara’.  According to surah al-Maidah verse 6: ‫فَ َ ۡمل ََِدُ و ْا َمآء فَتَ َي َّم ُما ْا َص ِعيدا َط ٍّيِبا فَْ ۡم َس ُحا ْا ِ ُِا ُجا ِِه ُ ُۡك َو َٱَۡ ِد ُيُك ِ ٍّم ۡن ُه‬ Meaning: If you do not get water, then do tayamum (wipe your face and hands) with clean soil  FIQH IBADAH – TAYAMUM Reasons for Tayamum according to Fuqaha’: 1. No water. 2. No ability to use water. 3. Fear of ending time of prayer. 4. Fear of losing property if looking for water (Malikiah).  FIQH IBADAH – TAYAMUM Objects Used for Tayamum according to Fuqaha’: 1. All types of clean soil - Sayid Sabiq in his book Fiqh al-Sunnah. 2. Clean tree dust - Ibn Rusyd in his book Bidayatul Mujtahid.  FIQH IBADAH – TAYAMUM Cancellation of Tayamum according to Fuqaha’: 1. All things that invalidate wudu’ and bathing because tayamum is a substitute for wudu’ and bathing. 2. Loss of difficulties that allow such tayamum like healing from pain or the presence of water. 3. The end of prayer time. It is because the tayamum is dedicated to one particular prayer.  FIQH IBADAH – TAYAMUM The Way of Tayamum according to Fuqaha’: َ َّ ‫هللا عليه‬ ْ َ ‫ َالتَّ َي ُّم ُم‬:‫وسمل ّقَال‬ :‫ضِ َت ِان‬ ُ ‫صَل‬ َّ ‫ب‬ ِ َّ ‫ن‬‫ل‬‫ا‬ ‫ن‬َّ َ ‫ٱ‬ ‫ا‬ ‫م‬ َ ُ ْ ‫ْن‬ ‫ع‬ ُ ‫هللا‬ ُ ‫يض‬ َ ِ ‫ر‬ َ ‫ر‬َ َ ‫ُع‬ُ ‫ن‬ ِ ‫ب‬ ْ ‫ا‬‫و‬َ َ ‫ة‬ ‫َع ْن َٱ ِيب ٱ َما َم‬ ‫ضَِة ِللْ َيدَ ْي ِن ا ََل ْامل ِرفَ َق ْني‬ ْ َ ‫ضَِة ِللْ َا ْجه َو‬َْ ِ Meaning: From Abu Umamah and Ibn Umar r.a that the Prophet s.a.w said: Tayamum is two hits (touch to the land): one hit/touch for the face and one hit/touch for both hands up to the elbows – Narrated by al-Daraqutni (1/256) PRAYER  FIQH IBADAH – PRAYER  Prayer (solat) means a worship that contains certain words and actions that begin with takbir and ended with salam.  According to surah al-Bayyinah verse 5: ‫َو َما ٓ ٱ ِم ُر ٓو ْا ا ََّ ِل َي ۡع ُبدُ و ْا ٱ َّ ََّل ُم ۡخ ِل ِص َني َ ُل ٱ ٍّ ِل َين ُحنَ َْا ٓ َء َوَ ُ ِقميُا ْا ٱ َّلصلَ ٰا َة َوَ ُ ۡؤتُا ْا ٱ َّلز َُ ٰا َة َو َذَّٰ ِ َِل ِد ُين ٱلۡ َق ٍِّۡ َم ِة‬ ِ Meaning: And they were not commanded except to worship Allah, [being] sincere to Him in religion, inclining to truth, and to establish prayer and to give zakah. And that is the correct religion  FIQH IBADAH – PRAYER The Advantages of Prayer: Surah al-Ma’arij verse 19 – 22 ُّ َّ ‫ا َّن ٱ َۡن َس َّٰ َن ُخ ِل َق َِهلُاعا ا َذا َم َّس ُه ٱل‬ ‫ۡ َج ُزوعا َوا َذا َم َّس ُه ٱلۡ َخ ۡ ُۡ َمنُاعا ا ََّ ٱلۡ ُم َص ِل ٍّ َني‬ ِ ِ ِ ِ ِ Meaning: Indeed, mankind was created anxious, When evil touches him, impatient, And when good touches him, withholding [of it], Except the observers of prayer  FIQH IBADAH – PRAYER The Advantages of Prayer: Hadith narrated by Muslim ‫ َوالْ ُج ُم َع ُة ا ََل الْ ُج ُم َع ُة َُْ َارة ِل َما‬,‫الصلَ َا ُات الْ َخ ْم ُس‬ َّ :‫َع ْن َٱ ِ ِِب ِهريرة اٱ ٍّن النب صَل هللا عليه وسمل ّقال‬ ِ ‫ِيَْنَ ُ َّن َما َم تََ ٍُِّش ْال َُ َباِِ ُر‬ Meaning: From Abu Harairiah that the Prophet SAW said: The five prayers and Friday prayers until the next Friday prayers can hold the sins committed among them, as long as they do not work great sins.  FIQH IBADAH – PRAYER The Prayer (solat) Times. According to surah an-Nisa verse 103: ‫ا َّن ٱ َّلصلَ ٰا َة ََكن َۡت عَ ََل ٱلۡ ُم ۡؤ ِم ِن َني ُِ َت َّٰ با َّم ۡاّقُات‬ ِ Meaning: Indeed, prayer has been decreed upon the believers a decree of specified times  ‫‪FIQH IBADAH – PRAYER‬‬ ‫‪The Prayer (solat) Times. According to hadith:‬‬ ‫ص‪َ ،‬و َو ّْق ُت الْ َع ْ ِ‬ ‫ص َما لَ ْم تَ ْص َْ َّر‬ ‫ُض الْ َع ْ ُ‬ ‫الظهْ ِر ا َذا َزال َ ِت ال َّش ْم ُس‪َ ،‬و ََك َن ِظ ُّ َّ َّالر ُج ِ َّ َُ ُط ِ ِ‬ ‫ال‪َ.‬ما لَ ْم َ ُْي ُ ِ‬ ‫َو ّْق ُت ُّ‬ ‫َّ‬ ‫ْ‬ ‫ْ‬ ‫َ‬ ‫ِ‬ ‫ال َّش ْم ُس‪َ ،‬و َو ّْق ُت َصال ِة ال َم َْ ِر ِِ َما لَ ْم َ َ َِ ْب ال َّش َْ ُق‪َ ،‬و َو ّْق ُت َص َال ِة ال ِع َشا ِء ا ََل ِن ْص ِف الل ْي ِ َّ ا َأل ْو َسطِ‪َ ،‬و َو ّْق ُت‬ ‫َ ُْ ِ‬ ‫َص َال ِة ا ُّلص ْب ِح ِم ْن ُطلُاعِ الْ َْ ْج ِر‪َ ،‬ما ل ْم تَطلع ِ ال َّش ْم ُس‬  FIQH IBADAH – PRAYER Prayer (solat) Times according to hadith: Zuhr time is when the sun has tilted to the West until the shadows of people are as tall as before Asr time and the end of Asr time is when the sun has not turned yellow, and Maghrib prayer time until the disappearance of the red mega cloud and Isha' time is until midnight and Subuh time starting from dawn until sunrise  Division of Prayers In terms of In terms of In terms of Time and Islamic Rules implementation Reason for Implementation Compulsory prayers Friday Recommended Congregational prayers Solitary Prayer (Subuh, Zohor, Asar, prayers Safar (Fard, Friday, Tarawikh) (Rawatib) Maghrib Isya’) Eid Fitr/Adha Kusyuf/Khusuf Istisqa’ Muakkad Gair Muakkad (Rawatib, Khauf (Awwabin, Dhuha, Tahajjud, Tasbih, Tarawikh) Istikharah, Hajat, Tahiyyat al-Masjid) Janazah  Talk Leading the Eat or Drink Imam Leaving the Lots of Pillar of moving Prayer Wrong in Reading Cancellation Turning back the Qibla Quran of Prayer Changed Open the Prayer Aurah Intentions Apostate, Ritual insane or Impurity fainting Exposed to (Hadas) Laughing feces FASTING  FIQH IBADAH – FASTING  Fasting is an act of worship commanded by God, carried out by abstaining from food, drinking and sexual intercourse or abstaining from everything possible to cancel the fast from dawn to sunset, with accompanying intention.  According to surah al-Baqarah verse 187: َّ ِ ‫ِشُِا ْا َح َّ َّٰت َ َ َتبَ َّ َني لَ ُ ُُك ٱلۡ َخ ۡيطُ ٱ ۡ َألِۡ َي ُض ِم َن ٱلۡ َخ ۡيطِ ٱ ۡ َأل ۡس َا ِد ِم َن ٱلۡ َْ ۡج ِر ُ َُّ َٱ ِت ُّما ْا ٱ ٍّ ِلص َيا َم ا ََل ٱل َّ ۡي‬ َ ۡ ‫َو ُ ُُكا ْا َوٱ‬ ِ Meaning: And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset  FIQH IBADAH – FASTING Obligatory Recommended Disapproved Forbidden Ramadhan Syawal Friday Eid Fitr & Adha Qada’ Monday & Wisal Tasyriq Thursday Nazar Dahri Arafah Kaffarah Asyura Rejab & Syaaban Eat and drink on purpose Vomit on purpose Cancelation of Fasting Menstruation & Childbirth Insane while fasting  FIQH IBADAH – FASTING The Advantages of Fasting: Human Spiritual  Fasting can train human spirit to be deeply disciplined in controlling a lust especially appetite and orgasm (syahwah).  Allah said in surah Yusuf verse 53: ‫ا َّن ٱلنَّ ْۡ َس َ َأل َّم َار ُُۢة ِِْل ُّس ٓا ِء ا ََّ َما َر ِح َم َر ِ ٍّ ٓيب‬ ِ ِ Meaning: Indeed, the soul is a persistent enjoiner of evil, except those upon which my Lord has mercy  FIQH IBADAH – FASTING The Advantages of Fasting: Human Spiritual  Imam Al-Ghazali in his book Ihya 'Ulum al-Din said that lust is a tool for the devil to bring man to ruin. The way to overcome this lust is by doing the practice of fasting.  FIQH IBADAH – FASTING The Advantages of Fasting: Human Morality  Fasting can instill a good moral values in a person such as: 1. Humanity - especially in understanding of living of the poor people. 2. Perseverance and Patience - in facing a trials and temptations while fasting. 3. Trust - in performing and maintaining a fasting.  FIQH IBADAH – FASTING The Advantages of Fasting: Human Physical  According to Syeikh Yusuf al-Qardhawi in his book al-Ibadah fi al-Islam, the disease faced by human beings come from a stomach that accommodates everything they eat and drink.  By not eating and drinking while fasting, it gives the body's organs the opportunity to rest and help in the healing of diseases. ZAKAT  FIQH IBADAH – ZAKAT  Zakat means 'purification' of property.  It is also defined as a certain portion of the wealth obligated by Allah for the number of people who are entitled to receive it.  According to surah al-Baqarah verse 110: ‫َو َٱ ِّقميُا ْا ٱ َّلصلَ ٰا َة َو َءاتُا ْا ٱ َّلز َُ ٰا َة‬ Meaning: And establish prayer and give zakah  FIQH IBADAH – ZAKAT 2 types oh Zakat: 1. Zakat al-Fitr 2. Zakat of Wealth  FIQH IBADAH – ZAKAT Property that is obligatory for zakat: 1. Gold and silver (al-nisab rate: 85 gram = RM20,244.73 and 595 gram = RM2.23/gram) 2. Livestock (Camel = 5, Cow and Buffalo = 30, Goat/Sheep = 40) 3. Agricultural farms (paddy: 1305.60 = RM1.20/kg) 4. Business profit 5. Savings 6. Income  FIQH IBADAH – ZAKAT The rate of zakat (2.5%) of the total property is based on hadith: ْ َ ‫ َولَيْ َس عَلَ ْي َك‬، ‫اَه‬ َ ُُ َ‫َشء َ َ ْع ِن ِِف ا ََّّل َِه ِب َح ََّّت ي‬ ‫ان‬ َ ِ ‫ا َذا ََكن َْت َ َِل ِمائ َ َتا ِد ْر َ لَه َو َحا َل عَلَ ْْيَا الْ َح ْا ُل فَ ِْْيَا َ َْخ َس ُة د ََر‬ ِ َ‫ فَ َما َزا َد فَ ِب ِح َس ِاِ َذ ِِل‬، ‫ون ِدَنَارا َو َحا َل عَلَ ْْيَا الْ َح ْا ُل فَ ِْْيَا ِن ْص ُف ِدَنَ لار‬ َ ۡ ُ ْ ‫ فَا َذا ََك َن َ َِل ِع‬، ‫ون ِدَنَارا‬ َ ۡ ُ ْ ‫َ َِل ِع‬ ِ Meaning: If you have 200 dirhams and have been saving for a year there is a zakat obligation of 5 dirhams. And you have no zakat obligation for gold until you have 20 dinars. If you have 20 dinars, and it has been even for a year, then the zakat is ½ dinars. More than that, followed by the previous count. (Narrated by Abu Daud no. 1575)  FIQH IBADAH – ZAKAT The Advantages of Zakat: 1. As a sign of gratitude to Allah SWT for the sustenance and blessings bestowed. 2. Eliminate the nature of greed, stinginess and extravagance in human beings. 3. Helping the poor people. HAJJ & UMRAH  FIQH IBADAH – HAJJ & UMRAH  Etymologically, Hajj & Umrah comes from Arabic means visiting or pilgrimage.  In terminology, Hajj defined as traveling to the Kaaba in the certain months to perform tawaf, sa'i, wukuf and other things to fulfill the call of Allah SWT as well expecting His pleasure.  Umrah defined as an intentionally visiting to Kaaba to perform tawaf and sa’i.  FIQH IBADAH – HAJJ & UMRAH  Allah said in surah al-Baqarah verse 196: ‫َو َٱ ِت ُّما ْا ٱلۡ َح َّج َوٱلۡ ُع ۡم َر َة ِ َّ َِّل‬ Meaning: And complete the Hajj and Umrah for Allah FIQH IBADAH – HAJJ & UMRAH Tamattu’ Ifrad Qiran Types of Hajj  FIQH IBADAH – HAJJ & UMRAH Ifrad Tamattu’ Qiran Haji ifrad can be done by separating Combining Hajj and Umrah during Hajj and Umrah by prioritizing Hajj. ihram intention. Performing umrah in the month of Hajj (Syawal, Zulkaedah, Zulhijjah), then waiting for the arrival of Hajj time Preferred by Malikiyah & Syafi’ifyah in the same year. Preferred by Hanafiyah based on based on hadith: From Aisyah ra. She hadith: From Anas ra said: “I heard said: “We went on Hajj together with the Messenger of Allah (may peace Rasulullah Saw in Hajj wada', some of be upon him) in ihram with Hajj and us perform ihram umrah, some Umrah and the Prophet said: “I have perform ihram hajj and umrah, and come to fulfill Your call with the there are also ihram for hajj. While intention of Hajj and Umrah.” Rasulullah SAW ihram for Hajj.” (HR Bukhari and Muslim) (Narrated by al-Bukhari and Muslim)  FIQH IBADAH – HAJJ & UMRAH The Pillars of Hajj and Umrah Shaving Ihram Sai Syafi’iyah Malikiyah & Orderly Hanabilah Tawaf Wukuf Hanafiyah  FIQH IBADAH – HAJJ & UMRAH 1. Ihram.  Ihram is the intention to start Hajj or Umrah.  It is performed in a certain place called miqat makani.  Rasulullah SAW has prescribed miqats for the pilgrims came from various quarters through his words:  FIQH IBADAH – HAJJ & UMRAH ‫ َو َألِه ِْ َّ َ َْن لد ّقَ ْر َن الْ َمنَ ِاز ِل‬، ‫ َو َألِه ِْ َّ ال َّشْ ِم الْ ُج ْح َْ َة‬، ‫ا َّن النَّ ِ َّب صَل هللا عليه وسمل َوّقَّ َت َألِه ِْ َّ الْ َم ِدَنَ ِة َذا الْ ُحلَ ْي َْ ِة‬ ِ ‫ُون َذ ِ َِل فَ ِم ْن‬ َ ‫ َو َم ْن ََك َن د‬، ‫ ِم َّم ْن َٱ َرا َد الْ َح َّج َوالْ ُع ْم َر َة‬، ‫ ِه َُّن لَه َُّن َو ِل َم ْن َٱ ََت عَلَ ْ ِْي َّن ِم ْن غَ ْ ِۡ ِِه َّن‬،‫ َو َألِه ِْ َّ الْ َي َم ِن ََلَ ْم َ َمل‬، ‫ َح ََّّت َٱ ِْه ُ َّ َمَُّ َة ِم ْن َمَُّة‬، َْ‫َح ْۡ ُث َٱن ْ َش‬ Meaning: From ibn Abbas ra, Indeed the Prophet SAW has established Dzul Hulaifah as miqat makani for the people of Madinah, al-Juhfah for the inhabitants of Syria, Qarnulmanazil for the inhabitants of Najed, Yalamlam for the people of Yemen. All that is miqat for them and for other than the inhabitants of the district shall he depart from whence he is were, including the people of Mecca themselves doing it from Mecca. (Naratted by Muttafaq Alaih)  FIQH IBADAH – HAJJ & UMRAH 2. Tawaf.  Tawaf means Surrounding.  In the context of Hajj or Umrah, tawaf means to go around or surround the Kaaba up to seven rounds starting from the Hajr Aswad.  During the circumambulation, the position of the Kaaba must be on the left.  FIQH IBADAH – HAJJ & UMRAH 2. Tawaf.  Allah said in surah al-Hajj verse 29: ‫ُ َُّ لۡ َي ۡقضُ ا ْا تَ ََْثَ ُ ۡم َولۡ ُيافُا ْا ن ُُذ َور ُ َۡه َولۡ َي َّط َّافُا ْا ِِْلۡ َبيۡ ِت ٱلۡ َع ِت ِيق‬ Meaning: Then let them end their untidiness and fulfill their vows and perform Tawaf around the ancient house  Types of Tawaf Qudum Ifadah Wada’ Tawaf of honor to This Tawaf performed the Kaaba for those circumambulation is when someone who enter the city one of the pillars of want to leave the of Mecca. Hajj and Umrah. city of Mecca to According to return to his Jumhur Ulama: country. Hajj or Umrah is not Recommended valid without this Malikiah: Obligatory circumambulation.  FIQH IBADAH – HAJJ & UMRAH 3. Sai.  The journey starts from Safa Hill to Marwah Hill.  From Safa to Marwah is counted once, and from Marwah to Safa is counted once as well. It's done until seven times.  FIQH IBADAH – HAJJ & UMRAH Hadith narrated by Ahmad: ‫ ا ْس َع ْاا فَان هللا َ َُ َت َب علي ُ ُُك الس ْع َي‬:‫عن َحبي َب َة بن اٱِب ِ ِ ٍّ َۡ ۡرا ِة اٱن النٍّب صَل هللا عليه وسمل ّقال‬ ِ ِ Meaning: From Habibah ibn Abi Tijrah, that the Prophet SAW said: "Do sa'i indeed Allah obligates you to sa'i"  FIQH IBADAH – HAJJ & UMRAH 4. Wukuf  Wukuf is the arrival of a pilgrim and his presence in the Field of Arafah, whether in a state of purity, menstruation, childbirth, even in a state of junub.  Muslim scholars agreed that wukuf in Arafah is one of the pillars of Hajj started from the sun slipped on the day of Arafah on the 9th of Zulhijjah until dawn on the day of Nahar which is the 10th of Zulhijjah.  FIQH IBADAH – HAJJ & UMRAH Hadith narrated by Ibnu Majah (no. 3015), al-Nasaie (no. 3016), Ibnu Khuzaimah (no. 2822): ‫الْ َح ُّج َع َرفَ ُة‬ Meaning: The hajj is in Arafah  OBLIGATORY ON HAJJ Hanafi Maliki Syafi’i Hanbali Sa’i Tawaf Qudum Ihram in Miqat Ihram in Miqat Wukuf in Muzdalifah Wukuf in Muzdalifah Mabit in Muzdalifah Wukuf di Arafah Throwing in Jamrah Throwing in Jamrah Mabit in Mina Mabit in Muzdalifah Shaving Shaving Throwing in Jamrah Mabit in Mina Tawaf Wada' Mabit in Mina Tawaf wada’ Throwing in Jamrah Shaving Tawaf wada’  FIQH IBADAH – HAJJ & UMRAH The Advantages of Hajj and Umrah: 1. Get rid of small sins and purify the soul of human. 2. Increase human's confidence in the oneness of Allah SWT. 3. Raise human awareness of the reality of human mortal life on earth. 4. Appreciate the stories of the Messengers of Allah THE CORPSE MANAGEMENT  FIQH IBADAH – CORPSE MANAGEMENT  Corpse means a person who has died.  Islam specifically prescribes a methods for arranging corpses for the living people.  When death occurs, it is the obligation of the heirs or Muslims present to organizing his funeral.  The maintenance of the funeral is fardu kifayah and the obligatory for the living person to the corpse are bathing, shrouding, praying, and burying.  FIQH IBADAH – CORPSE MANAGEMENT When dealing with people who are facing death or Sakaratul Maut:  Lay it down by directing the parts of his right body towards Qibla. If it is difficult, enough to lie down with the chest facing the Qibla. Hadith: ‫ريض هللا عنه ّقَا َل ّقَا َل رسال هللا صَل هللا عليه وسمل َع ِن ْال َبيْ ِت ْاَح ََرا ِم‬ ِ ‫َع ْن َٱ ِِب َھرْي َرة‬ َ‫ِّق ْبلَ ُت ُ ُْكا اٱ ْح َۡاء َو َٱ ْم َاات‬ Meaning:The Prophet SAW spoke about Baitullah, he said: “al-Haram (Baitullah) is your good Qiblah during life and after death – (Abu Daud)  FIQH IBADAH – CORPSE MANAGEMENT When dealing with people who are facing death or Sakaratul Maut:  Talqin. To remind and teach him to pronounce sentence syahadah by whispering the sentence towards his ear. Hadith: ‫َع ْن َس ِع ْي ِد اخل ُْدرى َع ِن النب صَل هللا عليه وسمل ّقَا َل ل َ ِقٍّنُ ْاا َم ْاتَ ُ ُْك ََال اََّ هللا‬ ِ ِ Meaning: From Abi Said al-Khudri, from the Prophet, he said: Teach the corpse you with the phrase "There is no God but Allah." - (Muslim)  FIQH IBADAH – CORPSE MANAGEMENT When dealing with people who are facing death or Sakaratul Maut:  Close both eyes when convinced of having died. Hadith: ‫الرو َح اذا‬ ْ ‫ص ُه فََْ ْ َْضَ ة ُ ُُّ ّقَا َل ا َّن‬ ُ َ َ ِ ‫َٱ َّن النب صَل هللا عليه وسمل َد َخ َ َّ عَ ََل َٱ ِ ِِب َسلَ َم َة َوّقَ ْد ََ َّق‬ ِ ِ َ َ ‫ّقَب َِض تَ َب َع ال َب‬ ‫ص‬ Meaning: When the Prophet SAW visited the late Abi Salamah saw his eyes open, then he closed them. After that he said: “Indeed if the spirit goes away, then the eyes follow to watch it.” - (Muslim).  FIQH IBADAH – CORPSE MANAGEMENT When dealing with people who are facing death or Sakaratul Maut:  Cover the whole body. Hadith: ‫عن عائشة ريض هللا عْنا ان النب صَل هللا عليه وسمل ِح ْني ُتا ِ ٍّ َّ ى ُ ُِس َن ِ ُ ْرُب ِد ِح ْرُب ِه‬ Meaning: From ‘Aishah ra: Indeed, the Prophet SAW when he died, his body was covered with a cloth covering - (Al-Bukhari)  FIQH IBADAH – CORPSE MANAGEMENT Bathing the Corpse  Hadith narrated by Muttafaq Alaihi: :‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ َ ‫ِ ى َّ ِاَّل ٍْ َس َقطَ َع ْن َرا ِحلَ ِته فَ َم‬ ‫ات ا ْغ ِسلُ ْا ُه ِ َما لء َو ِس ْد لر و َُ ٍِّْنُ ْاا ِ ِ ى ثَ ْاِ َ ْيه‬ ِ Meaning: From Ibn Abbas that the Prophet s.a.w said about whoever falls in his vehicle and dies, bath him with water and bidara leaves and shroud him with both of his clothes.  FIQH IBADAH – CORPSE MANAGEMENT Bathing the Corpse  Male corpses are bathed by men while female corpses are bathed by women.  Majority of scholars said that a husband can bathe his wife's corpse except the Hanbaliah view.  FIQH IBADAH – CORPSE MANAGEMENT Bathing the Corpse  Before - Provide a suitable bath including clean water, necessities such as cloth, soap, camphor, fragrance and others.  While - Covering the body of the corpse, drain the water all over the body starting from the right head to the feet and then to the left, using soapy water, preferably 3 times and the body is dried after bathing.  FIQH IBADAH – CORPSE MANAGEMENT Shrouding the Corpse  Hadith narrated by Muttafaq Alaihi: :‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ َ ‫ِ ى َّ ِاَّل ٍْ َس َقطَ َع ْن َرا ِحلَ ِته فَ َم‬ ‫ات ا ْغ ِسلُ ْا ُه ِ َما لء َو ِس ْد لر و َُ ٍِّْنُ ْاا ِ ِ ى ثَ ْاِ َ ْيه‬ ِ Meaning: From Ibn Abbas that the Prophet s.a.w said about whoever falls in his vehicle and dies, bath him with water and bidara leaves and shroud him with both of his clothes.  FIQH IBADAH – CORPSE MANAGEMENT Shrouding the Corpse  Shroud with white cloth. Hadith narrated by Abu Daud (no 4061): :‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ ‫الْب ُس ْاا ِم ْن ِث َيا ِب ُ ُُك الْ َب ِيض فَاهنَّا خ ْ َُۡ ِث َيا ِب ُ ُْك َو َُ ٍِّْنُ ْاا ِف ْْيَا َم ْاتَ ُ ُْك‬ ِ Meaning: From Ibn Abbas that the Prophet s.a.w said: Put it on your clothes are white because the white is your best garment and shroud your corpse with that white cloth.  FIQH IBADAH – CORPSE MANAGEMENT Shrouding the Corpse  3 layers of cloth for men corpses. Hadith narrated by Muttafaq Alaihi: ‫َع ْن عائش َة ريض هللا عْنا ُُ ٍِّْ َن رسال هللا صَل هللا عليه وسمل‬ ُ ُ ‫ِ ٍّ ى ثَ َالثَ ِة َٱثْ َا لِ ِ َي لض‬ ‫ُ ْا ِل ِ ٍّي لة ِم ْن َُ ْر َس لف لَيْ َس ّقَ ِم ْي َّ َّ َو ََ َ َُعا َمة‬ From Aisyah ra, Rasulullah's body was wrapped in three layers of cloth clean white made of cotton, no clothes and turban  FIQH IBADAH – CORPSE MANAGEMENT Shrouding the Corpse  5 layers of cloth for female corpses. Hadith narrated by Abu Daud & Ahmad: From Laila bintI Qanif, she said: “I am in the middle person who was bathing Ummi Kalsum, the daughter of the Prophet when she died, and the first was given to us by the Prophet SAW are sarongs, shirts, shawls and then blankets. Then her corpse was put in another cloth, while the Prophet SAW at that time was behind the door and the cloths when it's with him, then we take it one by one.  FIQH IBADAH – CORPSE MANAGEMENT Praying the Corpse  Hadith narrated by Muslim (no 948): َ ‫ات فَ َۡ ُقا ُم عَ ََل َجنَ َازِت ِه َٱ ْرِ َ ُع‬ ‫ان‬ ُ ‫ َما ِم ْن َر ُج ل َّ ُم ْس ِ لمل َ َ ُم‬:‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ ‫اَّل ِفۡ ِه‬ ُ َّ ‫ان ِِب َّ َِّل ََيْئا اََّ َََّْ َعهُ ُم‬ َ ُُ ُۡ ِ ْ ‫َر ُجال ََ ي‬ ِ Meaning: Not a single Muslim man died, then there were forty men who did not associate partners with Allah with anything to establish the funeral prayer on him, unless Allah would intercede from them for himself (the corpse)  FIQH IBADAH – CORPSE MANAGEMENT Praying the Corpse  Congregational Prayer. Hadith narrated by Abu Daud (no 3166): ‫ات فَ ُۡ َص ِ ٍّّل عَلَ ْي ِه ثَ َالثَ ُة ُص ُْ ل‬ ‫اف ِم َن‬ ُ ‫ َما ِم ْن ُم ْس ِ لمل َ َ ُم‬:‫عن ابن عباس ان ال ِنب صَل هللا عليه وسمل ّقال‬ ‫الْ ُم ْس ِل ِم َني اََّ َٱ ْو َج َب‬ ِ Meaning: It is not a Muslim who dies and then is prayed over his corpse three rows from among the Muslims but it is obligatory for him (to enter paradise).  FIQH IBADAH – CORPSE MANAGEMENT Praying the Corpse  Who has the right to lead the funeral prayer? 1. Hanafiyah – Local authorities 2. Syafi’iyah – Guardian (wali) of the corpse 3. Malikiyah & Hanabilah – A person bequeathed by the corpse  FIQH IBADAH – CORPSE MANAGEMENT Praying the Corpse  Muslim scholars agreed that the funeral prayer should be at home. But they have different views on funeral prayers in the mosque: 1. Syafi’iyah & Hanabilah – mubah 2. Malikiyah & Hanafiyah – makruh Based on hadith: From Abi Hurairah, that the Prophet SAW said: Who is praying for janazah in the mosque, then he never obtain nothing (from the prayer) - Narrated by Abu Daud and Ibn Majah.  Praying the Corpse Pillars of funeral prayer? FIQH IBADAH – 1.Intention CORPSE 2.Stand up MANAGEMENT 3.Takbir 4 times 4.Reading Surah al-Fatihah 5.Reading salawat to the Prophet SAW 6.Read a prayer over the corpse 7.Salam  FIQH IBADAH – CORPSE MANAGEMENT Burying the Corpse  Hadith narrated by Muttafaq Alaihi: ‫ فَا ْن تَ ُك َصا ِل َحة‬، ‫ْس ُعاا ِِبلْ َجنَ َاز ِة‬ ِ ْ ‫ريض هللا عنه عن ال ِنب صَل هللا عليه وسمل ّقَال اٱ‬ ِ ‫عن َٱ ِِب َھرْي َرة‬ ْ ِ ُْ َ ‫ َوا ْن تَ ُك غَ ْ َۡ َذ ِ َِل فَ َ ر‬، ‫فَ َخ ْۡ تُ َق ٍِّد ُماهنَ َا ال َ ْي ِه‬ ‫ۡ تَضَ ُعان َ ُه َع ْن ِرّقا ِبُك‬ ِ ِ Meaning: Hurry up in arranging the corpse. If he is a righteous corpse, surely, he is a good that you send it to him. But if he is not righteous, then that is an evil that you carry on your shoulders  FIQH IBADAH – CORPSE MANAGEMENT Burying the Corpse  A better person to insert the corpse into the grave is a member of his family, if they are not there, can give to another person to handle. (Muhammad bin Ismail al-Kehlani in his book Subul al-Salam).  FIQH IBADAH – CORPSE MANAGEMENT Burying the Corpse  Raise the ground. Based on a hadith narrated by al-Syafi’i: ‫عن جابر اٱ ٍّن النب صَل هللا عليه وسمل َرفَ َع ّقَ ْ َرُب ُه َع ِن ا َأل ْر ِض ّقَ ْد َر َِ ْ لرُب‬ Meaning: From Jabir it is narrated that the tomb of the Prophet SAW was elevated from the ground is only one span.  FIQH IBADAH – CORPSE MANAGEMENT Burying the Corpse  Mark with a tombstone. Hadith narrated by Abu Daud & Baihaqi: ‫ َٱتَ َع َّ ُمل‬:‫ان َوّقَا َل‬ ‫هللا صَل هللا عليه وٱٓل وسمل َ ََح َ َّ َح َجرا فَ َاََّ َعهَا ِع ْندَ َرٱ ِس ُعثْ َم َان ْب ِن َم ْظ ُع ل‬ ِ ‫َٱ َّن َر ُسا َل‬ َ ‫َِبَا ّقَ ْ َرُب َٱ ِِخ ِ َأل ْد ِف َن ال َ ْي ِه َم ْن َم‬ ‫ات ِم ْن َٱِه ِّْل‬ Meaning: Indeed, Rasulullah saw lifted a large stone and placed it on the side of the head of Uthman bin Maz'un r.a. buried and said: I will know with this stone the grave of my brother and I buried in it the dead of my family.  FIQH IBADAH – CORPSE MANAGEMENT The Islamic ruling of visiting graves Hadith narrated by Ibn Majah: ‫ فزوروا القبار فاهنا َزِهد ِف النيا وتذكر ا األخرة‬،‫ُنت هنيتُك عن زايرة القبار‬ Meaning: I used to forbid you from visiting the graves, so (now) visit the graves, because it can make you ascetic (zuhud) towards the world and remember the Hereafter.  FIQH IBADAH – CORPSE MANAGEMENT The Islamic ruling of visiting graves Hadith narrated by at-Tirmidzi: ‫عن اٱ ِِب ھريرة ريض هللا عنه ان رسال هللا صَل هللا عليه وسمل ل َ َع َن َز َو َار ِات الْ ُق ُب ْا ِر‬ Meaning: From Abi Hurairah ra., That Rasulullah SAW cursed women visiting graves.  FIQH IBADAH – CORPSE MANAGEMENT The Islamic ruling of visiting graves  From the hadith, majority of scholars say that visiting graves is encouraged for the men to take lessons from the visit.  As for women whose law is not encoiuraged, because there is their strong suspicions will grieve the hearts that result in them crying and wailing.  Only Hanafiyah said grave visit is encouraged for men and women but for women conditionally.  FIQH MUAMALAH  FIQH MUAMALAH Fiqh Muamalah is a religious rule to protect human property in the exchange of goods or something that benefits in a way determined by religion so that there is no compulsion from one party, fraud or forgery and tyranny related to the circulation of property in society.  Concept of Property (al-Mal) Concept of Concept of Fiqh Property contract (Akad) Muamalat Right Concept of Property Right Transfer  FIQH MUAMALAH Concept of Property  Property is anything that can be owned and utilized under normal circumstances.  Movable Property In terms of Ownership Immovable Property Similar Property Types of Property In terms of existence Unsimilar Property Valuable Property In terms of Islamic law Unvaluable Property  FIQH MUAMALAH Concept of Property Rights  Property Rights means a legitimate relationship between a person and property according to syariah.  Allah said in surah al-Baqarah verse 29: ‫ِه َُا ٱ َّ َِّلٍ َخلَ َق لَ ُُك َّما ِِف ٱ ۡ َأل ۡر ِض َ َِجيعا‬ Meaning: It is He who created for you all of that which is on the earth  Types of Property Rights Imperfect Property Rights Perfect Property Rights The rights to one of the two: The rights to the property and the property or the benefit of the benefits at once – the property – Through Through controlling the Permission, Rental, property and transferring the Borrowing, Endowment ownership of property (Waqaf), Will (Wasiah),  Control over Minerals (Ma'adin) & Idle Land Exploration Treasures (Kunuz) (Ihya’ al-Mawat) – Gold, Silver etc. Forms of Property Ownership Control over Weeds (Kala') & Forest Hunting (al-Sayd) Trees (Ajam) – Wild animals that are on land or – Grows on its own & not planted sea that no one has owned by anyone  Transfer of Ownership Contract Inheritance The right of the The transfer of original owner to ownership of the The Concept transfer to another person through Sale property left by the deceased to his and Purchase (Bai), heirs. of Property Gift or Will (Wasiah) Syuf’ah Rights The right to own property that has been owned by a Transfer person even by force by paying the price and costs to avoid any harm. Reason: Share Ownership & Neighborhood  FIQH MUAMALAH Concept of Contract (A’qad)  A bond that results from 2 expressions or whatever takes its place such as sign of language and writing by 2 parties that can produce a certain Islamic laws.  The Pillars of Contract (A’qad) Contracting Parties Expression of - Whether it is a agreement of the Qualified Person contracting party. The Subject of the (al-Ahliyyah), Through words or Contract Authorized Person writing or deeds (al-Wilayah) or a (Ijab & Qabul) Representative (al-Wakalah)  1. Error during contracting. DEFECTS OF 2. Contracts that incur losses. CONTRACT 3. Contracts that contain fraud. (A’QAD) 4. Contracts that contain an element of coercion.  Types of Contract Voluntary Warranty Reply Contract Contract of Partnership Contract Contract (Mu'awadah) Care Contract (Tabarru') (Ta'minat) Trading (Bai’) Gift (Hibah) Mortgage (Rahn) Musyarakah Rental (Ijarah) Will (Wasiat) Guarantee Saving (Wadi’ah) Mudharabah Currency (Sarf) Waqaf (Kafalah)  FIQH MUNAKAHAH  FIQH MUNAKAHAH Fiqh Munakahah is a marriage law or contract that legalizes intercourse between a man and a woman who are not his mahram to obtain marital happiness and resolve disputes that may occur between spouses as well as the existence of the basis of marriage prescribed by religion.  FIQH MUNAKAHAH  Munakahah is from the Arabic word ‘an-Nikah’ translated as marriage.  Marriage means an agreement that contains the word ijab & qabul which allows man and woman couples to have sexual intercourse.  It is also considered an Islamic Marriage and Family System.  FIQH MUNAKAHAH  Hadith narrated by al-Tirmidhi (1655) and al-Nasa’I (3218): ُ‫اَّل َوالْ ُم ََكتَ ُب َّ ِاَّلٍ يُ ِرَدُ ا َألد ََاء َوالنَّا ُِ ُح َّ ِاَّلٍ يُ ِرَد‬ ِ َّ َّ ِۡ ‫اَّل َع ْاهنُ ُ ُم الْ ُم َجا ِِهدُ ِِف َس ِب‬ ِ َّ ‫ثَ َالثَة َح رق عَ ََل‬ ‫الْ َع َْ َاف‬ Meaning: Three groups that Allah SWT has set upon Himself to help them: those who jihad in the way of Allah, the mukatab servant who wants to pay his ransom price and those who marry because they want to maintain their honor.  Islamic Marriage & Family System The Restoring The concept of Dissolution Marriage concept of Marriage Alimony of marriage Iddah (Ruju’) (Nafaqah) Islamic Disobeying Divorce Polygamy Husband Khuluq Li’an Law (Talaq) (Nushuz) Pillars & Conditions Fasakh Zihar of Marriage Dowry Ila’ (Mahar)  Islamic Law on Marriage Compulsory Sunnah Mubah Makruh Haram Marriage law This is the basis of A person who The law of The law of becomes the law of wants to get marriage is marriage mandatory when marriage and married but is makruh when a becomes haram someone has becomes a able to restrain person is if the marriage been able to, sunnah when a his lust from incapable but will be either physically person wants to committing wants to get detrimental to or financially. have a wife and adultery, then married. his wife because When he does children and able the law of he is unable to not get married to control himself marriage is provide for his immediately, it is from committing permissible. physical and feared that he adultery. mental well - will commit being. Or a adultery. marriage that will harm the couple.  The Groom The Wali The Bride The Pillars of Marriage 2 Witnesses Ijab & Qabul  FIQH MUNAKAHAH Mahar  Dowry is the gift of a husband to his wife as a gift.  Wahbah al-Zuḥaily defines dowry as property which becomes the right of a wife due to the occurrence of a contract or intercourse in real life  FIQH MUNAKAHAH Mahar  Allah said in surah al-Nisa’ verse 4: ‫َو َءاتُا ْا ٱل ِن ٍّ َسا ٓ َء َصدُ ّقَ َّٰ ِ ِِت َّن ِ ِۡن َل‬ Meaning: And give the women [upon marriage] their [bridal] gifts graciously.  FIQH MUNAKAHAH Mahar  A history of Sahl b. Sa’d stated that The Prophet SAW said to a friend who was about to get married but has nothing: ‫الْ َت ِم ْس َول َ ْا خَاتَما ِم ْن َح ِدَ ِد‬... Meaning: Give (the dowry) even in the form of an iron ring.  FIQH MUNAKAHAH Polygamy  Allah said in surah al-Nisa’ verse 3: ‫اِ لَ ُُك ِ ٍّم َن ٱل ِن ٍّ َسا ٓ ِء َمث َ ٰۡن َوثُلَ َّٰ َث َو ُرِ َ َّٰ َع فَا ۡن ِخ ْۡ ُ ُۡت َٱ ََّ تَ ۡع ِدلُا ْا فَ َ َّٰا ِحدَ ة َٱ ۡو َما َملَ َُ ۡت َٱَۡ َم َّٰ ُن ُ ُۡك‬ َ ‫فَْن ُِ ُحا ْا َما َط‬ ِ ‫ۡن َٱ ََّ تَ ُعالُا ْا‬ ٓ ٰ َ ‫َذَّٰ ِ َِل َٱد‬ Meaning: then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice].  FIQH MUNAKAHAH Divorce (Talaq)  Sayyid Sabiq in his book Fiqh al-Sunnah defines talaq as breaking the bond marriage and ending the marital relationship.  According to Wahbah al-Zuhaily talaq is given to men because women have very delicate feelings, so it is feared will easily to drop a divorce when carried away by feeling,  Islamic Law on Divorce Compulsory Sunnah Mubah Makruh Haram If there is a dispute Divorce that occurs Divorce that occurs Makruh Divorce the wife between husband when the wife if there is a is the origin law of while and wife does not obey the specific reason, divorce according menstruating or continuously law of God, such such as bad to Muslim scholar. being pure from and unresolved. as leaving the behavior of the. sexual The obligation to prayer, while the wife, bad intercourse. pronounce a husband is not treatment of the divorce also able to force it. husband etc. occurs if the. husband is unable to afford it carrying out responsibilities as a husband that will cause a harm to the wife.  FIQH MUNAKAHAH Types of Divorce (Talaq) Talaq Talaq Raji’e Bain Divorce Divorce 1 Sughra Kubra 2 Divorce Khuluq Fasakh Ila’ 3  FIQH MUNAKAHAH Talaq Raji’e Talaq Bain The divorce where the husband can return Divorce where the husband cannot return to his wife (while still in the period of to his wife without committing a new ‘iddah) without the need to perform a new marriage. marriage. Allah said in surah al-Baqarah verse 230: Allah said in surah al-Baqarah verse 229: ‫فَا ْن َطل َّ َقهَا فَ َال َ َِت ُّ َّ َ ُل ِم ْن ِ َعدُ َح ََّّت تَ ْن ُِ َح َز ْوجا غَ ْ َۡه‬ ‫ْسحي ﺑِﺈِ ْح َس لان‬ ‫الط َال ُق َم َّرﺗﺎَ ِن فَا ْم َساك ِ َم ْع ُر ل‬ ِ ْ َ ُ ‫وف َٱ ْو‬ َّ Meaning: if the husband divorces her (after the divorce ِ ِ Meaning: The divorce is twice, after which you can refer second), then the woman is no longer halal for him again in a virtuous way or divorce in a good way. until she married to another husband.  FIQH MUNAKAHAH The divorce claims from the wife by paying of redemption payment to the husband. Surah al-Baqarah verse 229: ‫اح عَلَْيْ ِ َما ِفميَا افْتَدَ ْت ِِه‬ َ َ‫فَا ْن ِخ ْْ ُ ُْت َٱ ََّ َُ ِقميَا ُحدُ و َد اﻟﻠﻪَِّ فَ َال ُجن‬. Khuluq Meaning: if you are worried that both (husband and wife) should not carry out the laws of God, then there is no sin on ِ either about the payment given by the wife to redeem herself. Release or dissolve the marriage contract back to the original where there is no bond or relationship. Fasakh Usually, fasakh can occur based on the decision of the court judge and on the consent of the husband wife. Husband swears to did not have intercourse with the wife, absolutely, or more than four months. ِ َ‫الط َال َق فَا َّن اﻟَّﻠﻪ‬ Surah al-Baqarah verse 229: ‫ْسيع عَ ِلْي‬ َّ ‫ان ِم ْن ِن َساِئِ ِ ْم ََ َرِ ُّ ُ َّ َٱ ْرِ َع ِة َٱ َْهُ لر فَا ْن فَا ُءوا فَا َّن اﻟَّﻠﻪَ غَ ُْار َر ِحْي َوا ْن َع َز ُماا‬ َ ُ‫ِل َّ َِّل َين َ ُؤل‬ Ila’ Meaning: For those who swear not to have sexual relationsِ ِ with their wives is a waiting time of four months, but if ِ ِ they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. And if they decide on divorce - then indeed, Allah is Hearing and Knowing.  FIQH MUNAKAHAH Li’an  According to Sayyid Sabiq in his book Fiqh al-Sunnah, Li'an occurs due to 2 things: 1. A husband accuses his wife committed adultery, without being able to present four witnesses. 2. A husband does not acknowledge the child in the womb of his wife is his son.  FIQH MUNAKAHAH Li’an in Quran. Surah an-Nur verse 6-10 ‫الصا ِد ِّق َني َواخلَا ِم َس ُة َٱ َّن لَ ْعنَ َت‬ ‫اَج ْم َو ْم يَ ُُ ْن لهَ ُم َُهَدَ ا ُء ا ََّ َٱنْ ُْ ُسه ُْم فَ َشهَا َد ُة َٱ َح ِد ِ َْه َٱ ْرِ َ ُع ََهَاد ل‬ َّ ‫َات ﺑِﺎﻟﻠﻪَِّ ان َّ ُه لَ ِم َن‬ َ ‫َو َّ ِاَّل َين َير ُم‬ ُ َ ‫ان َٱ ْز َو‬ ‫َات ﺑِﺎﻟﻠﻪَِّ ان َّ ُه لَ ِم َن ا ْل ِ ََك ِذِ َِني َواخلَا ِم َس َة َٱ َّن غَضَ َب اﻟَّﻠﻪِ عَلَ ْْيَا‬ ‫اﻟﻠﻪَِّ عَلَ ْي ِه ا ْن ََك َن ِم َن ا ْل ََك ِذِ َِني وَ َ ْد َر