Knowledge International University

Final Assignment

Course Name: Fiqh II Course Code: FQH II Instructor: Shaykh Ahmad Wahhab

Student Details Name: Hassan Basarally Student ID: 1120020 Batch: Semester: 2(Fall 2012/2013)

Assignment Question:

DIRECTIONS: Choose one of the listed topics, and write a short essay showing: 1. The difference of opinion of the scholars, mentioning what they agreed on, THEN what they differed over. 2. Mention which scholars from the earlier generations chose which opinion. (The 4 madhaahib is a must and then any extra scholars from the Salaf from companions and Tabieen is good but not necessary) Mention the main proofs that each opinion used, and reference what needs to be referenced. If you mention a Hadeeth not in Bukhari and Muslim, mention who authenticated or weakened it if you can. 3. Mention the opinion you believe is stronger. (You are not obliged to follow the opinion chosen in class, but you must be able to support your arguments). 4. Why is it stronger than the other opinion? 5. Reply to the proofs of the other opinions. Maximum length of paper: 3 pages.

Note: You will be graded on organization and accuracy. Being fair and respectful is expected. If you use any references, you must cite in the footnotes using one of the standard methods of citation.

LIST OF TOPICS (CHOOSE ONLY ONE) TOPIC 1: Is the one who abandons the prayer a Muslim or does he become a nonMuslim? TOPIC 2: When does the Muazzin say as-Salaatu Khairun minan-nawm? In the adhaan given at Fajr or the adhaan given before Fajr? TOPIC 3: Prayer: When a person goes into sujood, should he go down on his knees or his hands? TOPIC 4: When should a person raise his hands during the prayer?

TOPIC 1: Is the one who abandons the prayer a Muslim or does he become a nonMuslim?

The Salah is of paramount importance in Islam. Its status can be seen that its obligation was revealed to Muhammad, in Paradise during Miraaj, it will be the first

thing the believer will be called to account for on the Day of Judgment and it is the best of deeds. In Muslim communities there are alarming incidents in which Muslims abandon the performance of Salah1. This type of abandonment is of three types: 1. one who leaves all the Salawaat and denies its obligation 2. One who leaves it due to laziness and 3. One who prays some but leaves some

Firstly, there is consensus of the Scholars regarding the ruling on one who denies the obligation of Salah and abandons it. Such a person is a disbeliever as long as knowledge has reached him of the obligation of prayer. Even if he prays he is still a disbeliever as he does not hold what Allah, has made compulsory as binding upon him. This is

the consensus of the Sahabah and the early generations of Muslims. Abdullah bin Shaqeeq Al-`Aqeelee Tabi`ee, said: "The Companions of the Prophet did not

consider the abandonment of any good deed to be disbelief except the abandonment of the Prayer."2 When Alee, was asked about a women who did not pray, he

said: "The one who does not pray is a disbeliever."3

1

The ritual prayer of the Muslim, It is made up of specific recitations from the Quran and supplications and begins with Takbeer (saying Allahu Akbar) and ends in Tasleem (saying Assalaamu Alaikum Wa Rahmatullah) 2 Tirmidhee, Haakim 3 Tirmidhee, Haakim

However there is difference of opinion regarding the one who abandons the prayer out of laziness but still believes in its obligation. The two positions on this are: 1. that the person is a disbeliever and 2. the person is still a Muslim.

Amongst the evidences for the person who abandons the Salah out of laziness being a disbeliever is as follows: 1. The statement of Allah, :

But if they repent, perform As-Salah (Iqmat-as-Salah) and give Zakat, Then they are your brethren in religion. (In This way) we explain the Ayt (proofs, evidences, verses, lessons, signs, revelations, etc.) In detail for a people who know. (9: 11) This verse mentions criteria for someone to be considered brothers in Islam: repentance from Shirk4 and sin, Salah and Zakah. Therefore, if one abandons any of this he cannot be in the fold of Islam. This position is strengthened by the position of that the one who does not pay Zakah is a disbeliever. Abu Hurairah, narrates Abu Bakr, said, "By Allah! I will fight those who

differentiate between the prayer and the Zakat as Zakat is the compulsory right to be taken from the property (according to Allah's orders) By Allah! If they refuse to pay me even a she-kid which they used to pay at the time of Allah's Apostle, I would fight with them for withholding it" Then 'Umar,
4 Shirk implies ascribing partners to Allah or ascribing divine attributes to others besides Allah and believing that the source of power, harm and blessings comes from another besides Allah. (Ash-Shirk Al-Kufr An-Nifaq by Dr. M. Taqi-ud-Din al-Hilali, Ph.D. and Dr. Muhammad Muhsin Khan Islamic University, Al-Madinah Al-Munawwara)

said, "By Allah, it was nothing, but Allah opened Abu Bakr's chest towards the decision (to fight) and I came to know that his decision was right."5 It should be noted, however, that there is a difference of opinion as to whether the one who does not pay Zakah is a disbeliever or a major sinner. 2. The Hadeeth: It is narrated on the authority of Jabir, that he heard the Apostle,

saying, Verily between man and between polytheism and disbelief is the negligence of prayer.6 This Hadeeth shows that the boundary between a Muslim and Shirk and Kufr7 is the abandonment of Salah. These above mentioned evidences are also proof that the one who abandons Salah and denies its obligation is a disbeliever. Amongst the Scholars who hold this view is Ibn al Qayyim who used as evidence the verse: But there came after them successors who neglected prayer and pursued desires; so they are going to meet evil (19:59) He said, And Allah states that he has assigned ( a low level) in Hell for the one who leave Salah and follows his desires. And if such people were from the disobedient Muslims, they would be from the upper levels of Hell, and not from this level which is the lowest, for this (lowest level) is not from the places assigned to the People of Islam,

5 6

Sahih Bukhari Volume 2, Book 23, Number 483 Saheeh Muslim Volume 1, Book 1, Number 146 7 Disbelief

but is from the place assigned to the disbelievers.8 It is also the position of Imam Shafii and Imam Ahmad. Amongst the evidences for the person who does not pray out of laziness still being a Muslim is as follows: 1. The statement of Allah, :

Verily, Allah forgives not that partners should be set up with Him In worship, but He forgives except that (anything else) to whom He pleases, and whoever sets up partners with Allah In worship, He has indeed invented a tremendous sin. The apparent interpretation of this verse is that Allah forgives all sins except Shirk. The abandonment of Salah is a major sin but not Shirk. The creed of Ahlu Sunnah wal Jamaah is that a major sin does not expel one from Islam. 2. The Hadeeth: Narrated Ubadah bin As-Samit, , that Allah's Messenger

said: "Whoever testifies that there is nothing worthy of worship in truth (no God) except Allah Alone, Who is without (peer or) partner, and that Muhammad is His slave and Messenger, and that 'Isa (Jesus) is the slave of Allah, His Messenger, and His Word which He bestowed in Maryam (Mary) and a spirit (created) from Him, and that Paradise & Hell-fire are realities, Allah will admit him into Paradise, whatever his deeds might be."9

8 9

As Salah Wa Hukm Taarikuhaa, p.41 translated by www.salafimanhaj.com Sahih Al-Bukhari Number 3252

This Hadeeth shows that if one holds these conditions mentioned; one will not only enter Islam but will be rewarded with Paradise as one hold this belief until death.

From analyzing the evidences of both opinions, one concludes that the person who abandons the Salah due to laziness while still accepting its obligation is a disbeliever. Firstly, the verses from the Quran and Ahadeeth that are used as evidence for these are clear in stating that Salah is part of being a Muslims. In addition, this is the intended meaning of these evidences as this was the position taken by the early generations of Muslims e.g. Ibn Masood and Ibn Abbas, and Ibrahim An Nakhaee, , the early Scholars e.g. Ibn Hazm

and has been consistent up to our contemporary

scholars e.g. Salih al Fawzan, Muhammad Salih Al Uthaymeen and Muhammad Naasir ud Deen Al Albani, .

In addition, the evidences used to support the position that those who do not pray out of laziness are not disbelievers fall short in many ways. Regarding the verse in Surah Nisaa, the phrase means less than (Shirk) not anything else. Hence, the abandonment of Salah will fall under things which are less than Shirk. This is also shown in the fact that abandonment of Zakah is also apostasy. The abandonment of Salah is an act of major disbelief just as Shirk is. There are many Ahadeeth similar to the one narrated by Ubadah, . However, it should be noted that they are general not specific texts,

i.e. they do not relate specifically to the issue of Salah. On the other hand, there are many narrations that specify the obligation of Salah and in Fiqh there is a principle that explicit

statements are given precedence over implied meanings. Also, the belief of Ahlu Sunnah wal Jamaah is that Iman is belief, action and speech. Therefore, one cannot only believe in Tawheed but has to practice it through worship and Salah is the highest form of worship. One cannot use the excuse of laziness as action is part of the completion of Iman, simply put, one cannot believe in Allah, and not worship Him. Finally

to say that a person who accepts the obligation of prayer but does not perform it is still a Muslims is adding a condition to the unanimous ruling that its abandonment is disbelief without having any evidence.

As for the one who leaves some Salawaat and prays some the consensus amongst the Scholars is that the person is a sinner and is left to the mercy of Allah, position is based on the above mentioned Hadeeth of Jabir; abandonment and negligence of prayer as a whole not a prayer. . This

it mentions the