A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.
Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?
A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.
What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?
All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.
The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]
Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.
If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.
Is it permissible to offer an Udhiyah on behalf of the deceased?
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.
In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"
Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.
The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.
Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).
Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.
