“Dear reader, I invite you to go with us in
this short journey with this modest booklet hoping that you find something that
makes you happy, makes your conscience relaxed or enlightens your mind. If you
are needless to these things, still stay with us at least to see what others
have.” By: Abdulhakeem Al Rawahi
Note: The following PDF was created and
edited by Bint Ibadh Blog. To download the book, please click on the image.
Amr Khalifa al-Nami was born in Libya, in (Nalut) and grew up in a conservative family that was keen on science, adhered to the principles of religion, and worked to raise its children on the values of Islam and adherence to its teachings.
Amr al-Nami was taught by many sheikhs, the most important of whom is Sheikh Ali Yahya Muammar, one of the great Ibadi scholars in Libya. Then, after completing his studies, he joined the Libyan University in Benghazi, where his professor was Dr. Muhammad Muhammad Hussein, who cared for and guided him until he graduated in 1962 AD.
Then he went to Egypt for postgraduate studies, where the Nasserite military dictatorial regime waged a fierce war on Islam and those who work for Islam, especially the Muslim Brotherhood, as thousands of them were arrested. Thus, he decided to leave Egypt to Libya, and then be sent to Britain to study at Cambridge University.
In the UK, Amr spent nearly five years at the
University of Cambridge to which he obtained his doctorate degree in Arab
Islamic studies, but this experience also offered him large-scale culture and
gave him the opportunity to meet scholars, intellectuals, and pioneers of
various Islamic movements of different races, languages, and continents.
Studying overseas did not keep Omar from following the news from his homeland of political and cultural interactions. He even had contributed to writing critical articles in the Alem newspaper. The 1960s can be described as the golden age of the Libyan press and freedom of expression.
In the summer of 1971, al-Nami graduated successfully from the University of Cambridge. He was ready to return to his native Libya looking forward to occupying a high status at the Libyan University.
Instead, he was greeted by police stations and interrogation rooms and from there to the prison.
His first arrest didn’t last long as it came
as a warning. He resumed his normal life and began his career as a professor at
Benghazi University before being transferred to Tripoli.
In 1973 Libya witnessed extensive arrests by
the former regime under the slogans “Cultural Revolution”, “The Administrative
Revolution” and “Forming Parties is betrayal”! But the aim behind was to ground
the one-man rule in the country and to get rid of any intellect or leadership
not compliant with this view. Amr was among hundreds of intellectuals and
students who were arbitrarily detained.
After his release, he was forced to leave the
country, possibly as a condition for his liberty. He went into exile in the
United States and then was deported again to Japan. From his exile, he wrote
poetry about his country, his childhood, and his memories, he was not of the
kind to live away from his land. Within a year He was back in his home land.
He decided to walk away from university
teaching and shift to sheep grazing in his home town Nalut, away from big
cities and the anarchy of politics. For his surprise prison doors were open
before him once again, in 2981, but this time, al-Nami didn’t have the chance
to tell the rest of his story. He was trailed by Qaddafi’s security agents and
went missing since 1986 up to this day. His family had heard no news of him and
his fate is still unknown. He reportedly died under torture while in
prison.
Dr. Amr al-Nami is one of the Muslim
Brotherhood youths, who worked in the field of Islamic da’wah early in his
youth. He contacted them, was associated with them, remained faithful and
committed.
He was imprisoned several times, but this
increased his adherence and firmness to the truth in which he believed, and he strived
for its realization, which is the exaltation of the word of Allah on earth, the
supremacy of the law of Islam, the raising of the banner of the Qur’an, the
unification of the Islamic nation according to the Quran and the Sunnah and
confronting the enemies of the creed and religion.
His teachers and colleagues:
The most important teachers from whom he
received knowledge, thought and da’wah included: the great
Libyan scholar, the preacher Sheikh Ali Yahya Muammar, and the great Egyptian
scholar, writer and preacher Dr. Muhammad Muhammad Hussein. Both of them had an
impact on his culture, personality and Islamic orientations. They admired his
intelligence, honesty, sincerity, the purity of his heart, his zeal for the
sanctities of religion, the nation, and the homeland, his hard working and his keenness
in receiving knowledge from them carefully. He was clever, clear-minded,
memorizes quickly, eager to read, eager to learn science with all his energy,
spending long hours in research and study, without getting tired or bored, during
night and daytime, during his stay and travel, in prison and classrooms, at
home and in the mosque, it is one of the youths who are gifted by Allah and
walked in the way of Allah without hesitation.
As for his colleagues, they included Mahmoud Al-Nakou,
Mustafa Al-Manqari, and Sadiq Al-Nayhum, and each of them had his cultural
personality, social behavior and intellectual choice, which separated them,
especially Sadiq Al-Nayhum, who was on opposite sides with Dr. Amr al-Nami, who
embraces the Islamic trend and committed thought, and he followed the path of
the contemporary Islamic movement that calls for the resumption of Islamic
life, the application of Islam law to the affairs of life. He also worked hard
to lead the paths of humanity to the true approach, “the approach of Islam”,
the final religion that Allah has accepted for us and for all mankind, while his
colleague Al-Nayhum was repeating the sayings of the Batini (esoteric) teams.
His most important books:
He also wrote:
-
Collection of Poems.
-
Investigation of (The Answers of Ibn
Khalfoon) Book.
-
Who are the Ibadis?
-
Western civilization and its position on
Islam and the Islamic world.
- - Chapters of al-Jidu al-Hazel (Critique of Modern Poetry).
- - Symbol or wink in the Qur'an? (A response to the writings of Sadiq Al-Nayhum).
- - Words of Revolution.
And other research, articles, seminars and lectures.
The following three verses are a near translation from a touching poem in Arabic, written by the martyr in his prison cell back in 1974 and addressed to his mother:
Mother...
don't you worry now... don't show them you're sad!
How about a smile now... I hate to see you weak...I hate to see you feeling
bad!
Mother don't show them they're winning... Mother don't show them you're aching
You
see, we have towered high above the tyrants. Mother, we're men but they're not!
أماه لا تجزعي بل وابسمي فرحا
فحزن قلبك ضغف لست أرضاه
أماه لا تشعريهم أنهم غلبوا
أماه لا تسمعيهم منك أواه
إنا شمخنا على الطاغوت في شمم نحن الرجال وهم يا أم أشباه
References:
Article prepared and edited by Bint Ibadh.
Masterpieces of the Superiority
of ISLAM
Author: Zakaria Bin
Thani AI Hasni
In the Name of Allah,
the Most Gracious and the Most Merciful
To you the truth seeker..
To you the seeker of clarity of soul and
body…
To you this statement is intended to
guide your soul that searches for truth….
The need for religion is the nature of
each man. Worship is an expression made by every person who has a mind. The
sound nature and the sound appearance are the guidance of man towards happiness
of heart, mind and body in this present life and the life after death. It
organizes his life affairs with himself, his family and his society. Islam has
guaranteed not only this to man but also it doesn’t neglect any aspect of life
whether the natural, organizational or scientific aspects or any other aspects.
That is because this is the religion that Allah accepted to his worshipers and
sent his messengers to promise and warn the people, and concludes this religion
with the mission of His messenger Mohammed Peace Be Upon Him (PBUH) as Allah
says in The Holy Quran “If anyone desires a religion other than Islam
(submission to Allah), never will it be accepted of him” therefore we call upon
you, the reader to pay attention to understand Islam, realize some of its
secrets and Sharia in order to see that it is truly the path towards happiness
and success. Amongst these great guidelines:
1- Islam and the ultimate worshiping: that
is apparent because the Muslim worshiper is directly connected with his creator
(Allah) without an intermediate or a partner between them. Allah hears and sees
everything. As long as Allah is characterized by the perfect qualities, no need
to resort to a partner otherwise it is considered polytheism. Worship is for
Allah, the worshiper doesn’t like to reveal his own secrets but to Allah,
because Allah is capable to fulfill his needs. it is said (complaint to anybody
other than Allah is ignominy) hence the worshiper is usually linked to Allah in
everything, in his prayer, fasting, supplication, trade and spending on his family
even in the very small deed that Allah considers it big, such as the removal of
harm from the road. Mohammed Peace Be Upon Him said: (removal of harm from the
road is a charity). Allah has guaranteed the Muslim’s rights and promised him
rewards tor whatever deed he carries out. Allah said “Then shall anyone who has
done an atom’s weight of good, see it!”. Therefore, Islam was the religion of
the absolute and sincere worshiping, a religion that doesn’t deny the rights or
duties of any body, it is the religion that makes Muslim with Allah, for Allah
and by Allah.
2- Islam and the moderation (balance)
principle: moderation in Islam is one of its distinguished aspects compared to
other religions. Allah said: “Thus have We made of you an Ummat justly balanced”.
There is no exaggeration in Islam, no leniency, no excessiveness and no
wasting, everything has a known amount based on the abilities and interests of
the people and the reflection of the same on other people. The afterworld - for
example- is the home of immortality whether in happiness or misery. ln order to
win in the afterworld, Muslims work hard. But that doesn’t mean that we abandon
or deny the present life. The present life is an important step that takes us
to the afterworld. Allah said “But seek, with the (wealth) which Allah has
bestowed on thee, the Home of the Hereafter, nor forget thy portion in this
World”. This verse included the courage to work for the afterworld while it
also encourages man not to forget the present life. It was commonly said that
“Islam has no monasticism”. The Hadith of the Prophet Peace Be Upon Him (PBUH) is
a clear evidence in drawing the moderate landmarks when three persons came to
him, the first said he prays and doesn’t sleep. The other said, he doesn’t
marry. And the third said he fasts forever. The messenger (PBUH) answered them:
“for me, I fast and break my fast, I pray and sleep and I marry. Those who
abandon my Sunna (tradition) are not a part of me”. This is Islam and this is the
immortal moderation (balance).
3- Islam and the facilitation principle:
this principle is one of the wonderful aspects of Islam that affects all
Muslims. Thanks to Allah for the facilitation blessing and the non-trouble in
worship. This principle is derived from Quran in several texts: “So fear Allah
as much as ye can” and “Allah puts no burden on any person beyond what He has
given him”. The messenger (PBUH) also said “this religion is easiness ….”. From
this point the facilitation were given to Muslims in several spirituals such as
the abridgment of the traveler’s prayer, permissibility to pray two prayers
together, the permission given to the patient to pray in any possible position,
and the permissibility to break the fast during travel or during illness, even
the pilgrimage is not imposed but only for those who are capable physically,
financially and ensure that his family is safe. Islam therefore is easy and
simple with no trouble. It is the nutrition of the soul and body. It has got a
renewal and promotion for resolution. It means to get close to Allah by the
easiest possible way.
4- Islam and principle of tolerance: Islam
was marked by tolerance and the good call for Allah since the early emergence.
Allah has been addressing his messenger at the beginning of the message by saying:
“And lower thy wing to the Believers who follow thee” in many places in the
Holy Quran, Allah urges pardon, forgiveness and good argument even with the
non-Muslims, Allah says: “And dispute ye not with the People of the Book,
except with means better (than mere disputation), unless it be with those of
them who inflict wrong (and injury);”. Allah
and His messenger called upon Muslims to love each other and forbade them from
separation and disagreement. Allah said: “And hold fast, all together, by the
Rope which Allah (stretches out for you), and be not divided among yourselves”.
The Prophet (PBUH) said: the Muslim is the brother of the Muslim, he should not
wrong him nor hand him over.....”. Islam warned against enmity, hatred and corruption
of hearts, he made the sound heart the only way to reach the paradise in the
afterlife.
4-One of the Islamic values is
forgiveness. It prohibited anything that pollutes the clearness amongst Muslims
such as backbiting, talebearing, offensive nicknaming and insulting and lying, in
order to keep the hearts clear and tolerant.
5- Islam and regulation of the dealings:
Islam is a religion that is inclusive to life exercises. It didn’t leave
anything in life without organization according to the immortal Sharia (Islamic
Law), i.e, it gives the money sanctity and made it a right guaranteed for the
Muslim and nobody can take other person’s money, nor intervenes in it without permission.
For the sake of securing the dealings, Islam has imposed several rules such as
the order to write down the debt, lawful mortgage and other regulations. It
also prohibited several things that are considered violation, unfair and
injustice to the people’s rights such as usury, lying, fraud, aleatory sale and
selling things by a person who doesn’t own it. All that ensure that man can
invest his money without harm to himself or to others. That is why the Islamic
economy proved successful and approved by Allah. This is one of the aspects
that differentiate Islam from other religions.
6- Islam and the principle of pushing
people towards good deeds: that is why the message remained immortal! It
remained calling for the good deed and forbidding the evil deeds since
emergence of it till the Doomsday. It is a religion that wants the good to all
humanity and does not want to see the people lost, disobedient or polytheist.
it is the religion of advice and cooperation. For encouraging this great
principle, Allah has made salvation in the afterlife restricted to those who
call for the good, Allah said “By the Token of Time through the Ages, Verily
Man is in loss, Except such as have Faith, and do righteous deeds, and (join
together) in the mutual teaching of Truth, and of Patience and Constancy” and
many other verses that urge the promotion of virtue and prevention of vice and not
to keep silent before falseness. Allah has informed us about the story of the
Sabbaths breakers. Allah has destroyed both parties those who committed bad
deeds and those who didn’t, because they didn’t forbid the bad deeds; as they
saw the false but didn’t forbid it.
Muslim wants the good to all people and
he always exploits the conditions to give advice to them in order to get the
reward from Allah. The Prophet (PBUH) says: “If Allah by you guides a single
man it is better than the whole world”. This leaflet came from the heart of its
writer seeking the reward from Allah wishing it might be a cause for guiding
many people.
The immortal message of Islam: Allah has
wanted that the message of Islam to be immortal to the Doomsday. Islam’s main
pillar is the testimony “No God But Allah and Mohammed is The Messenger of
Allah” and His book is the Holy Quran. Allah has pledged to keep and preserve
this book so it remained immortal, stable, undistorted and unforged. It will
remain the guide and the destination of the truth seeker because it is the
religion of peace, facilitation, purity and the nutrition for both soul and body..
In any religion and age some may deviate
from understanding the secrets of the sound religion, they may exaggerate it,
offend it, or neglect its teachings but those people don’t represent the entire
Muslims or even a principle of Islam. These deeds only represent the violators.
Islam as mentioned has got principles that deprive anybody from offending other
people. It is the safe shelter to all those who are lost and confused, so
beware not to link the offense of a Muslim to Islam.
The only requirements for those who
convert to Islam is to wash and testify “There is No God but Allah, and
Mohammed is the Messenger of Allah”. This should be uttered by tongue and
applied in the real life. He should adhere to the sound meanings of this
testimony including teachings such as prayer, fasting, Zakat and pilgrimage,
and other humanity aspects such as sympathy, charity and showing mercy to the
needy as well as the requirements of contemplation such as faithful worship to
Allah and belief in the message of Mohammed (PBUH) and Holy Quran.
In brief, these are the keys to convert
to Islam, Allah said: “The religion before Allah is Islam (submission to His
Will)”.
Islam has great secrets that are
realized by only the person who goes towards the creator by his pure soul to
reach Allah’s great luminous mercies.
Allah is the only guide for everything
and controls everything.
During the last three decades, a number of valuable Ibadite and
Omani texts, which were previously unavailable, have come to light. The
discovery of these texts has changed our view of the course of Omani history.
They provide us with a clearer picture of the intellectual world of Oman and
Ibadism somewhat different to the previous picture, which had been based almost
entirely on hostile sources. From this perspective, the present work has
emerged in order to study the literature of these ‘Omani siyar’. There
have thus far been few and limited studies that have shown interest in this
area, despite the fact that this literature is a reflection of the progress of
both the socio-politics of Omani history, and the style of Omani and Eastern
Ibadite writers.
This work has been written with two types of readers in mind.
Primarily, for general readers with an interest in Islamic and Arabic Classical
literature, and secondly, for my Omani and Ibadite colleagues. The study is
intended to be a contribution to three distinct areas of investigation;
firstly, the identification of the Omani siyar literature, secondly,
analysis of the role of this literature in Omani socio-political history, and
finally the development of a system for examining these texts methodically.
Each is an area regarding about which a certain amount of literature has been
written in recent years, and it is intended that the present work cover the 10
th and 11th centuries of Omani relationship with central Asia.
This work involved a study of documentation and a number of issues that marked
Oman's history. It examines with a different approach manuscripts for both
Omani and Ibadites works through the collection of Omani siyar.
The Eleventh Chapter: On the Prayer of Safar (Travel)
|
It is to be noted, dear
student (May Allah help you thank His favours and bounties upon you), that
this religion is a religion of ease and mercy. Exalted Allah has made it easy
for His servants, and hence He has not overburdened them. As a consequence, the legal
rulings vary between the states of health and sickness, and the states of
residence and travel. Amongst the manifestations of this
easiness is the reduction of the traveller’s prayer, out
of Allah’s mercy and generosity. This is because travel usually involves
hardship and difficulties. Hence, the one on travel always longs for his
first home till he is back to it. |
Section on the Origin of
Travel
Safar
(travel), in its linguistic origin, means exposure and clarity. The
Arabs say asfara as-Subh, meaning the dawn has become obvious and clear.
Also, they say: asfarat al-mar’ah when a woman reveals her hair.1
Technically,
safar is the travel from one’s home of residence to another place to fulfil a need
with the intention of returning home.
The
legal rulings that pertain to safar in Islam are firmly established by
the Prophet’s (PBUH) own
sayings and practices.
Of the
Prophet’s (PBUH) command on the subject is his statement: ‘The
resident should pray seventeen units, raka’ah, and the traveller should pray eleven units’. Moreover, of his (PBUH)
practice is that he (PBUH) stayed in Makkah in the year of Conquest for fifteen
days, shortening the prayer.
Section on the Distance of Safar
(Travel)
Learn,
dear brother in Islam, that the opinion adopted by us2 is that the least distance after which one should
shorten his four-unit prayers (namely the Noon, Afternoon and Night prayers) is
two farsakhs (leagues).3 This is the legally considerable
distance of travel after which the rulings of safar would apply. This
position is backed by what has been reliably attributed to the Prophet (PBUH),
recounting that ‘He prayed four units of the Noon prayer in al-Madinah, and
prayed two units of the Afternoon prayer in Dhu al-Hulayfah, and the distance
between them is approximately two leagues, farsakhs. On the other hand,
he was never authentically reported to have shortened his prayer in less than
this distance. Allah knows and judges best.4
On
this subject are two important attentions, as follows:
Attention no.1: The
counting of the two leagues starts from the boundaries of one’s town,5
the end of ’umran. However, if the town is so vast and extended,
one could start counting from his own house which he travels from.6
Attention no.2: If a
traveller intends to exceed the two farsakhs, he should begin shortening
his prayer when he leaves the boundaries of his town, even if he has not
exceeded the two leagues yet. This is in accordance with the mainstream view,7
provided that he does not intend to sleep during the day or during the night
before exceeding the two farsakhs.
On the
contrary, if his travel is within the two farsakhs, or with the intention to
sleep during the day or overnight, before exceeding the two farsakhs,
then he should not shorten or combine his prayer.
Section on the Duration of Safar
The
stronger view contends that the traveller must continue shortening his
four-unit prayers as long as he is travelling. An exception is given for those
who intend to make their destination a place of permanent residence, watan.
This is due to the authentic saying and practice of the Prophet (PBUH). In more
detail, he (PBUH) ordered his Companions to shorten their prayers without
specifying a certain time period. Furthermore,
the Prophet (PBUH) stayed in Makkah, Tabuk and other places, shortening all his prayers, taking into account the
default ruling which assumes that the textual evidence should retain its general
and unqualified connotation as long as it is not specified or qualified by
another valid piece of evidence.
Thus,
the general practice and commandment of the Prophet (PBUH) to shorten the prayer while travelling has to be
maintained and implemented as long as one is still travelling, since there is
no valid evidence to specify and qualify this general ruling. Had there been
any specification, the Lawgiver, Exalted is
He, would have explained that to His servants by a Qur’anic verse or Prophetic
tradition.
Section on the Legal Ruling
of Combining Two prayers
Know,
dear brother (May Allah ease the hardship of travel to you), that it is
permitted for a traveller, as long as he is still travelling, to combine the
Noon and Afternoon prayers, as well as the Sunset and Night prayers, using one adhan
and two iqamahs.
Also,
he is free to perform this combination from the beginning of the first prayer
time till the end of the second prayer time. If he prays the two prayers during
the time of the earlier one, this is called ‘advanced combining’. And if he prays both during the time of the latter
one, this is called ‘delayed combining’. Furthermore, he may pray the two during the middle
of the two times.
On this section are a few important attentions, as
follows:
Attention no.1: Despite the
fact that combining on travel is a legitimate practice, it is better for the
traveller, who is staying during his travel in a certain place for a while, to
single each prayer, i.e. to perform each prayer in its prescribed time, separately without combining. As for the one who is
in an ongoing travel, on the road, he better combines the two prayers. The
supporting evidence for this juristic position is the fact that both situations
are proven by the authentic practical Sunnah of the Prophet (PBUH).
Building
upon the consistent practice of Allah’s Messenger (PBUH), you come to realise that what some travellers
do is baseless, that they always combine the prayers while they are staying
temporarily in that place for study or work. This is in contrast to the Sunnah,
which should be set as a guiding torch for their entire life.
Benefit: Combing the two
prayers for a traveller is permissible as mentioned above. However, this
combining of prayers is recommended for anyone who is on an ongoing journey,
and it becomes an emphatic Sunnah in two cases: first, combining the Noon
and Afternoon prayers on the day of ’Arafah in the plain of ’Arafah during the
earlier time (advanced combination). Second, the following combining of the Sunset and Night
prayers in al-Muzdalifah during the latter one (delayed
combination).
Attention no.2: Upon
previously discussing the timings for prayers, you learned that the predominant
opinion of the two Shaykhs (May Allah preserve them) is that it is permitted to
combine the two prayers during residence without shortening. This juristic conclusion is built on the notion of the shared times (ishtirak al-awqat), as indicated in the practical Sunnah of Allah’s Prophet (PBUH).
Ibn
‘Abbas, the hadith narrator, (May Allah have mercy on him and his father)
explained that this concession is to be taken at times of hardship and
difficulty. Examples of those who are allowed to combine the two prayers during
residence are the following: those who have valid excuses, such as a woman who is
suffering from istihadah (false-menstruation bleeding), or a person who
is suffering from an inability to control urination (incontinence).8 Likewise, the physician who
is conducting a surgical operation which extends to the time of the second prayer.
Attention no.3: Also, you
previously learned that the nominal combination (al-Jam’ as-Suri) is not a real combining because,
in reality, each prayer is performed at its agreed upon time. In other words,
the worshiper prays the Noon at the end of its time, and once he finishes this
prayer, the time of the Noon prayer expires and the time of the Afternoon
prayer begins. At this point, he prays the Afternoon prayer at its agreed upon time.
The same applies to the Sunset and Night prayers.
Hence, Muslim jurists have unanimously agreed on the legality of this kind of
combination.
Section on the Legal Ruling
of Shortening the Prayers
Be
informed, dear voyager in the land of Allah, that although the whole Muslim
nation (Ummah) agreed on the legality of travel in general, they have
differed over the legal rulings concerning some of its details.
Amongst
these disputed issues is the issue of shortening the four-unit prayers for the
traveller as to whether it is mandatory or it is just mere rukhsah
(concession). The agreed upon position of our Ibadi scholars is that it is
imperative, not a concession, due to
multiple forms of evidence. Some are mentioned below:
1- The Prophet’s (PBUH) constant
adherence to shortening on all his journeys. In other words, he kept shortening his
prayers and was never reported to have completed any four-unit prayer while travelling.
This is explicitly stated by many scholars across the different Islamic schools
of law.
Had not the
shortening been mandatory, the Messenger (PBUH)
would have explained this by his own word or practice, and no such explanation
took place, not even one single time. Furthermore, the Prophet’s (PBUH)
adherence to the shortening of prayers while travelling is a practical account
of the generality of His Almighty’s command:
﴿وَأَقِيمُوا الصَّلَاةَ ﴾
البقرة: 43
‘And
establish prayer’ (Q, the Cow. 2:43).
Taking into
consideration the juristic principle which states: ‘The practical explanation
is given the ruling of the explained text’.9
2- The narration of ’A’ishah (May Allah be pleased with her and her father), in
which she said: ‘The prayer was prescribed as two rak’ahs, two rak’ahs
both while travelling and at the place of residence. The prayer while travelling
remained as it was (originally prescribed), but an addition was made to the
prayer (observed) at the place of residence’.
3- The narration of Ibn ‘Abbas (May Allah be pleased with him and his father) in
which he attributed to the Prophet (PBUH)
the words: ‘The resident should pray seventeen units, and the traveller should
pray eleven units’.
Moreover,
there is no doubt that a person is always urged to avoid disputes on juristic
issues among jurists, and resort to the safe option. This principle is in line
with the shortening of the prayer, as maintaining the original ruling of travel
— the shortening of prayer — is not to be changed to another ruling except with
definite proof, and there is no definite proof in favour of the opposing
opinion.
In
addition, this view was reinforced by the practice of the Prophet’s (PBUH)
Companions, and confirmed by the consensus of the Muslim Ummah, that
whoever shortens his prayer while travelling his prayer is correct, at least in
this respect. On the other hand, whoever completes his prayer while travelling
has fallen into the area of contention.
Benefit: The traveller
does not complete his four-unit prayers except in two cases: first, if he prays
behind a resident Imam who completes his prayer. Second, if he makes up a four-rak’ah
prayer, which was broken while in residence, and wants to make up for it while
travelling, after its timing has elapsed.10
Attention: The Prophet’s
(PBUH) statement on travel’s prayer: ‘It is a sadaqah (an act of
charity) which Allah has done to you, so accept His charity’, does not serve as
a valid proof for those who hold that the shortening of prayer is optional.
Rather, it is contrary to what is maintained for two reasons:
first, the Prophetic command to accept it ‘So accept His sadaqah, and
the legal command is binding. Second, the shortening while travelling being a
form of ‘charity’ from Allah that one has to accept is just like the ‘Id being
a day of ‘hosting’ from Allah that one must accept, as fasting this day is a
sin by the agreement of all Muslim scholars.
Fatwa
Question\ What is the legal ruling regarding an Imam who completes
his prayer in a place in which he has to shorten due to him being traveller?
Answer\ If the traveller completes where he has to shorten, none should pray behind him, except if he is muta’awwil.11
Allah knows best.
In another fatwa, his Eminence al-Khalili (May Allah recover him) says:
‘Based on him being muta’awwil on what he performs, there is no harm in
praying behind him.’ Allah knows best.
Section on Assigning al-Watan (Homeland)
Get to
know (May Allah not deprive you of the favour of homeland and settlement) that
among the issues which have been agreed upon by jurists is that there must be
at least one homeland for every individual. Practically speaking, it is not acceptable
for one to use the whole earth as a place of travel, nor is he allowed to use it as a homeland, as either
one necessitates a deficiency on one’s religion, and, as a result, entails neglecting some acts of worship.
One’s
home is where he settles and feels tranquil. When these two conditions (actual
settlement and tranquility) are fulfilled in a certain place, that place
becomes a home in which he completes his prayer.
Based
on this concept, a person is permitted to assign whatever he wants of watans,
homes or homelands, once he has met the relevant conditions in that particular
place. As a consequence, this, according to the preponderant opinion, is not
restricted to only four watans.
Attention: Removing one’s
home when any of its conditions are absent is just like making it, i.e. it
takes place by the heart’s intention, without having to utter certain
verbal phrases.
Another Benefit
Learn, dear brother (May
Allah have mercy on you), that some people of knowledge are very strict when it
comes to talking between the two combined prayers, to the extent that, legally speaking, they consider both combined prayers
to be one single prayer. So much so that they ruled for the invalidity of both
prayers by saying “Uf ”.12 On the contrary, some
others hold that such sayings do not affect the validity of this combination,
especially when there is a need to talk. This juristic stance has been
adopted by the two Shaykhs, al-Khalili and al-Qannubi (May the Exalted extend their lives).
Final Benefit
Be
aware, O seeker of guidance and pursuer of success on the Last Day, that
according to the reliable opinion of the two Shaykhs (May Allah preserve them),
there is no legal objection for a traveller leading people in either the
Friday prayer or any of the five-daily prayers. This view is upheld by the
practical Sunnah, when the Conqueror (PBUH) stayed in Makkah for fifteen days
and led people in all the prayers.
In this case, the
travelling Imam should notify his local followers to complete their four-unit
prayers. To that end, he may say: ‘Complete the prayer as I am on travel’, or
something to that effect.13
Section
On Some Legal Rulings Concerning Safar
Prayer
1-
The shortening of prayers is confined to the four-unit
prayers, namely the Noon, Afternoon
and Night prayers. As for Sunset and Dawn prayers, they are not
shortened.
On another
level, the combining of two prayers extends to all, except the Dawn prayer
which is a non-combinable prayer.
2-
Whoever travels from his homeland, watan, after
the timing for a particular prayer has become due, and wants to offer that prayer outside his homeland,
after having exceeded the two leagues, he has to shorten it, according to the
two Shaykhs, al-Khalili and al-Qannubi. The logic behind this juristic choice
is that the prayer time from its beginning to its end is a time of performance.
Therefore, he has to perform it according to the place where he
is when he performs that prayer.
Likewise, there is a
Consensus of all fuqaha’, Muslim jurists, that if a prayer time begins
while one is outside his homeland,
but he comes back home where he wants to perform that prayer within its
prescribed time, he has to perform it in full, not shortened.
3-
Praying in short or full within the two leagues,14
for those who are back from travel
follows, in the number of units, the state
of the prayer conducted outside the two leagues. To elaborate, if one shortens
while travelling, he has to shorten within the two leagues on his return, unless he enters the boundaries of his homeland.
In
opposition, if he does not shorten on that journey, he should not shorten
within the two leagues. This opinion has been preferred by His Eminence the
Grand Mufti of Oman (May Allah save him) in his fatawa, legal answers.
4-
Both combining and shortening prayers are legally enacted
in order to alleviate the difficulty of travel, and not the opposite. On this ground, it is prohibited for a person to go
out of the two leagues, farsakhs, only in order to shorten and combine
the two prayers, then return home straight away. He does this only out of laziness
and slackness.
5-
Whoever intends to combine the two prayers, and after he finishes the first one, he chooses to
abandon the combining, he can do so.
On the
contrary, if he commences a prayer with the intention to pray a single prayer,
then chooses after taslim to combine, it is better not to combine in
order to avoid the disagreement among scholars on this issue. However, the outweighing opinion with our Shaykh al-Qannubi is
that it is still legally possible.15
6-
If one intends to combine two prayers, but when he finishes the earlier one, a group of
travellers start praying the same earlier prayer which he has just finished. In
this case, he should wait for this congregation till it finishes the first
prayer, then he is to join them in the second prayer. This pause between the two
prayers does not
6-affect the soundness and validity of the combination.
Likewise,
such a short pause does not affect either prayers if it is for a legitimate
need, such as repeating ablution, if broken, or repeating the second prayer, if
invalidated.
7-
The opinion adopted by the investigative scholars is that the travel on
which the prayer is combined and shortened is any kind of travel. As a
result, there is no difference between it being a travel in obedience or disobedience.16
8-
When a local resident comes late and catches up with a
travelling Imam in a four-unit prayer,
he should complete his due prayer first, pray the third and fourth units right after
the Imam’s taslim. Next, he should make up for what he has missed.
9-
If one’s prayer gets invalidated behind a resident
Imam who prays a four-unit prayer, he
has to make it up with four units as well, as far as Shaykh al-Khalili (May
Allah safeguard him) is concerned. This is justified by the argument that the
follower’s prayer are tied up with and connected with that of his Imam, making
the obligation upon him four units, not two.
10-as-Sunan ar-Ratibah (The regular Sunnah prayers observed before and/or
after the five-mandatory prayers) are not legally enacted when one combines two
prayers. Only as-Sunan al-mutlaqah (the Sunnah prayers that are not
linked with the mandatory prayers, such as ad-Duha and Qiyam al-Layl prayers)
are legally enacted and recommended.
11- If a person leaves the ’umran
of his town (the boundaries
of his homeland) and travels to a certain point, and doubts whether he has
exceeded the two leagues or not, then the default ruling — being within the two
leagues — has to be implemented. Therefore, he should not shorten his prayers
until he is certain that he has passed the two leagues, employing the juristic
rule which reads: ‘Certainty is not removed by doubt’.17
12- The child follows his father
in his watan (homeland)
till he reaches the age of puberty. Similarly, the wife follows her husband.
However, for the wife, this ruling is not applied once the marriage contract
has been conducted, rather when he transfers her to his house (to live
with him).
I said: our
Shaykh al-Qannubi (May Allah safeguard him( added, upon revising the book: ‘If one reaches the age
of maturity while travelling, he should keep on shortening his prayers in that
place, because he is not settled there, unless he intends to settle there (i.e.
set that place as his homeland, in this case he completes his prayer). This is the
correct view’.
Juristic issue
If a
person’s prayer is proved to be broken, or he abandons it intentionally, and
subsequently he wants to substitute it after the time has passed, he should
substitute it according to the place in which it became obligatory upon him
(in full if it became obligatory at home, or in short if on travel). For instance,
if the Noon prayer breaks while in residence, it should be made up in full,
even if he is making up while on travel.
Similarly, if one abandons the Night prayer while on travel, he should make it
up in short, even if he is making up while in residence.
However,
if the prayer time has not elapsed yet, the prayer is to be performed in full
or short, according to the place in which it is performed — as the time of performance
is still present not passed.
As for
the one who happens to forget or falls asleep throughout the prayer time, he
should substitute it according to the place in which he substitutes, as
far as the adopted opinion is concerned. This is founded on the Prophet’s
(PBUH) own statement: ‘He who forgets a prayer, or falls asleep (and it was omitted),
he should observe it when he remembers it’. For example, if he forgets the
Afternoon prayer while travelling,
then remembers it in his homeland after the time has elapsed. In this case, he should pray it in full, according to
the place in which he is making it up.
__________________________________
1 - as-Sufur
is typically used for a female’s unveiling, especially her head. Hence, sufur is usually contrasted with hijab.
Saleh. Dictionary
of Islamic Words and Expressions. p.221.
2
- This is the juristic stance that has been advocated by
the scholars of the Ibadi School of Islamic Law, including the two scholars of
the time: al-Khalili and al-Qannubi (May Allah save them) as found in their
widespread answers. On this ground, if one exceeds the two farsakhs by
any form of transport, he has to shorten his prayer, and consequently could
combine the two prayers and break the fasting of Ramadan. All of that is a
lightening and mercy from the all-Wise and all-Aware.
3 - Farsakh
(league) was a well-known form of measuring the distance in the past. Using
modern linear measurements, each farsakh is roughly equivalent to six
kilometres, which is almost the distance between al- Madinah and Dhu al-Hulayfah.
4
- There is no explicit intact hadith ascribed to
Prophet (PBUH) which determines the distance of travel after which the
shortening of prayer is required. However, this hadith, as stated by the two
scholars of Hadith, Ibn Hajar and al-Qannubi, is the closer evidence on this
issue. Thus, it is worthier to be taken into account.
5
- ’umran of the town, refers to where the
buildings and farms of the town ends.
6
- This choice was preferred by Imam Muhammad b.
‘Abdullah al-Khalili (May his soul rest in peace)
in an answer to the people of Zanzibar.
I
said: this opinion has been also preferred by our Shaykh al-Qannubi (May Allah grant him a speedy recovery) when he
commented on it saying: ‘It is a good and valid viewpoint’.
The applicability of this opinion is worth considering
in modern-day major cities, whose buildings extend to vast distances, wherein
it is legally difficult to set the whole vast city as one single place of
residence, watan, as this entails that one cannot take within it the
concession of traveller (shortening and combining prayers).
7
- al-Qannubi. Fatawa of His Excellency Shaykh
al-Qannubi. p.96.
There
is no doubt that it is always better to avoid the areas of dispute between
jurists, when possible. In the abovementioned case, he either prays within the
boundaries of his town in full, four units, or prays outside the two farsakhs
in short, two units.
8
- This concession is to be taken if the urine
incontinence, or impurity in general, ceases at a certain point of time.
However, if it does not stop, and continues throughout the two times, then
there is no point in combining. Hence, it
is preferable to single performing each prayer in its prescribed time, back to
the basics.
9
- With regard to the narration which argues that ‘The
Prophet (PBUH) would shorten and complete, and fast and break on
travel’. It is a weak hadith, and consequently does not serve as a valid proof
due to the severe weakness of its chain of transmitters.
10
- Because if the timing for its performance has not
passed yet, he must pray it according to the place in which he is performing
his prayer, be it in residence (four units) or on travel (two units).
11 - al-Muta’awwil
is the one who does a certain practice believing that it is correct and
compatible with the Sunnah of the Prophet (PBU H), basing his act on a valid
opinion. Hence, al-muta’awwil does not believe that what he does
violates any religious ruling.
12
- Uf is an Arabic word used to express
upset and unrest.
13
- As for the narration ‘O People of Makkah, complete
your prayer, because we are a group of travellers’, it is correct in terms of
meaning, despite being unauthentic from a Hadith viewpoint.
14
- Within the two leagues means praying in the area
between the end of one’s homeland and end of two farsakhs.
15 - The proof
supporting this legal possibility is the fact that it was not narrated
authentically that the Prophet (PBUH) would order his Companions to set the
intention of combining the prayers prior to the first one, bearing in mind that
they were at times hundreds or even thousands as was the case in the Farewell
Pilgrimage and other occasions.
16
- Amongst those prominent Ibadi scholars who were in
favour of this opinion are Ibn Barakah, Abu Sa’id, as-Salimi and Shaykh Ibrahim
al-’Abri the former Grand Mufti of the Sultanate. Also, it is the one
outweighed by Shaykh al-Qannubi (May Allah protect him) in some of his juristic
answers.
17
- This is a
practical example of one of ‘The Five Comprehensive Rules’ which is agreed upon
by the overwhelming majority scholars across all Islamic schools of law.
Reference:
The Reliable Jurisprudence of Prayer, al-Mu’tamad fi Fiqh as-Salah, by al-Mu’tasim al’Ma’wali, pg: 356-375.
