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Statement from the Iftaa` Department regarding Tarawih Prayer
Author : The General Iftaa` Department
Date Added : 09-07-2023

 

Statement from the Iftaa` Department regarding Tarawih Prayer

 

 Tarawih Prayer is Twenty Rakhas

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

There are many questions regarding the number of Rakhas in Tarawih prayer.

 

Tarawih prayer is a Sunnah, and the four Sunni schools of thought are agreed that it is twenty Rakhas. In fact, the Malikis believe that it is thirty-six Rakhas. Based on this, whoever prays eight Rakhas has fulfilled some of this Sunnah, and will be rewarded accordingly. It is well-known that Tarawih prayer is the night prayer in Ramadan {Qiyam}. Abu Hurairah narrated that The Messenger of Allah (PBUH) said: “Whoever prays during the night in Ramadan out of sincere faith and seeking its reward from Allah, will have all of his previous sins forgiven." The Imams of the Sunni schools of thought have conveyed how it is performed starting from the righteous predecessors to the era of the noble companions {May Allah be pleased with them}. In Sunan al-Bayhaqi, from al-Sa'ib ibn Yazid, may Allah be pleased with him, he said: "During the era of Umar ibn al-Khattab, they used to offer twenty Rakhas during Ramadan as Qiyam. He said: They used to recite [the Quran] in groups of two hundred."

 

This is the practice in the Two Holy Mosques and the ancient Islamic cities. Whoever is able to perform it (Twenty Rakhas) completely has performed the complete Sunnah, and whoever is not able to perform it has performed some of it, and will be rewarded for what he has prayed, but he does not have the right to prevent or prohibit others from completing it. This is because prohibition is only for doing evil while prayer is the best of the deeds of the believers. The Prophet (PBUH) said: (Prayer is the best deed, so whoever can do more, let him do more. Narrated by al-Tabarani, and Allah the Almighty said: (Seest thou one who forbids- A votary when he (turns) to pray?)  {Al-Alaq, 9-10}.

 

May Allah guide us all to His obedience and help us to do so. May Allah bless our Prophet Muhammad and his family and companions.

 

Peace, mercy and blessings of Allah be upon you all.

 

General Iftaa` Department

 

 

 

 

 

 

 

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Summarized Fatawaa

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on performing the Duha (forenoon) prayer before its time has begun, because I go to school early in the morning?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Duha (forenoon) prayer is not valid if performed before its time has begun. Its time starts when the sun has risen to a noticeable height, that is, approximately fifteen minutes after sunrise, and it ends when the sun reaches its zenith (zawāl), shortly before the Dhuhr (noon) prayer. It is stated in Mughni al-Muhtaj (Vol.1/p.455): “Its time is from the rising of the sun [to a spear’s height] until the zenith.”
Accordingly, the Duha prayer is not valid if offered before the sun has risen, and its time remains open until just before Dhuhr. It may be performed at any time at school, during the break between classes or during recess. And Allah Almighty knows best.

Is it permissible for a pious Muslim woman to stay with her husband who had quit praying out of laziness?

Quitting prayer is one of the major grave sins that come after disbelieving in Allah, but the wife of such a person isn`t considered divorced, rather, she should exert all her efforts in order to bring him back to the way of Islam. However, if his sin is likely to lure her from the way of Islam, then she had better separate from him by lawful means such as Mokhal`aa (When a wife pays a compensation for her husband in return for divorcing her). Moreover, if she exercises patience, and remains steadfast on her faith, then there is no harm in doing that.

What is the ruling on the cessation of blood after (40) days from delivery, but later continued sporadically during two days of Ramadan?

Once postpartum bleeding (Nifas) ceases, and the woman is certain that it won`t reoccur, then she becomes ritually pure and so she is free to make Ghusl (purificatory bath), pray, and fast. If the bleeding reoccurs before fifteen days from its cessation, and before the end of (60) days after delivery, then the ruling on postpartum bleeding is effective, and her fasting and prayer are null and void, thus she must make up the fasting that she missed and not the prayer during those particular days.

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