Articles

The Conservation of Water in the Maliki School of Thought
Author : Dr. Mufti Sa`eid Farhan
Date Added : 04-03-2024

The Conservation of Water in the Maliki School of Thought

 

 

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.

 

Verily, water is the backbone of livelihood. This is attested to in the following verse where Allah the Almighty says {What means}: "And We made from water every living thing" (Al-`Anbiyaa`, 30). Given the importance of water in human life, it has been a matter of interest for jurists of all Islamic schools of thought. Just as water is the key to life, it is also the key to worship. Purity is the means for a Muslim to perform his/her worship, and worship is the ultimate purpose of human existence.

 

The Islamic schools of thought have paid great attention to water in terms of its Sharia rulings because of its importance in the worship of the Muslim. This is in addition to paying attention to its conservation considering its importance and sensing the prophetic guidance in that regard. This guidance is clearly reflected in the situation in which the Messenger of Allah (peace be upon him) saw a man performing ablution and said to him: "Do not be extravagant, do not be extravagant." (Narrated by Ibn Majah).

 

Among those who have excelled in this field is the Maliki school of thought, especially in many rulings related to water. One of these is the clarification of when water becomes impure, as we will explain, God willing. There is no better evidence for this than the words of the Proof of Islam, Imam Al-Ghazali (may Allah have mercy on him), where he said in his book "Revival of the Religious Sciences" [Vol.1/P.129]: 'I wished his [i.e., Imam Shafi'i's] school of thought to be like that of Imam Malik (may Allah be pleased with him) in that water, even if it is little, does not become impure except through a noticeable change, as there is a dire necessity for it. The insistence on a specific quantity (Two Qollas) is a cause of obsessive doubts, and for this reason, it caused hardship for people. I swear, in my opinion, it is the source of hardship, recognized by those who have experienced it and pondered over it.' He concluded his words."

 

 I will mention two jurisprudential/Fiqh rulings in the Maliki school of thought regarding purification, clarifying the aspect of water conservation compared to other jurisprudential schools. Through these two rulings, the Maliki school has distinguished itself from other schools, and they have become one of its unique features.

 

First: When does water become impure?

 

The Hanafi, Shafi'i, and Hanbali schools concur that if impurity falls into a large quantity of water, the water becomes impure if any of its characteristics change. However, if its characteristics do not change, it remains pure. As for a small quantity of water, it becomes impure as soon as impurity falls into it, even if its characteristics do not change. The threshold for a large quantity of water that does not become impure according to the Shafi'i and Hanbali schools is approximately 190 liters. However, according to the Hanafi school, it is significantly more than that, roughly multiples thereof.

 

The scholars of the Maliki school have a different criterion regarding the impurity of water. They do not differentiate between large and small quantities of water. Instead, they have another criterion for determining the impurity of water, which is the alteration of any of its three characteristics. As long as none of its characteristics changes, the water remains pure even if impurity falls into it, even if it's a small quantity. If the quantity of water is less than the amount typically used for ablution (approximately one liter), there is no dislike (karaha) in using it as long as its characteristics remain unchanged, even if it becomes impure. However, if the quantity is less than that, it becomes disliked (makruh) to use it, although purification with it is still permissible.

 

This opinion clearly emphasizes the conservation of water. If we consider that the threshold for a large quantity of water in other schools of thought is around 190 liters at the minimum, as stated by Imam Al-Hattab in "Mawahib al-Jalil," then this opinion provides a more lenient approach.

 

Imam Al-Hattab stated: "If the water is impure, its abundance and scarcity are considered. If the water is abundant, more than the vessel used for ablution and bathing, then it remains pure without dislike. Otherwise, it becomes disliked because it is a small amount of water whose condition has been affected by impurity without changing it."

 

Second: Using used water for purification

 

The water used in matters of purification is the water that has been used for obligatory acts of worship, such as ablution (wudu) for someone who is in a state of minor ritual impurity (hadath) and ritual bathing (ghusl) for someone who is in a state of major ritual impurity (janabah).

 

The Hanafi, Shafi'i, and Hanbali schools of thought consider used water to be ritually pure (tahir) but not purifying (mutahir), meaning it is not suitable for performing ablution or ritual bathing. This is in contrast to the Maliki school, which permits the use of used water for purification with dislike (karaha) if other water is available. However, if no other water is available, there is no dislike in using it. Expanding the scope of permissible water—water that is inherently pure and purifying for others—undoubtedly ensures water conservation.

 

The perspective of the Maliki scholars on water is only a drop in the ocean compared to the vast treasures found in the four schools of Islamic jurisprudence. Therefore, it is incumbent upon us to give them due consideration, as they constitute our religion through which we worship and uphold the teachings of Allah the Almighty.

 

 

 

 

 

 

 

 

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

How is Laylat al-Qadr observed?

Laylat al-Qadr is observed through various acts of worship and obedience, including:
● Performing obligatory, Sunnah, and voluntary prayers
● Reciting the Quran
● Increasing remembrance (dhikr) of Allah
● Giving charity
● Performing I‘tikaf
● Inviting others to Allah
It is also Sunnah to increase in supplication and humbly beseeching Him, Glorified and Exalted be He.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.