Reciting Fatihah Behind an Imam

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Question:

What is Imam Shafi’s opinion regarding reciting the Fatihah behind the imam after he finishes? Is it similar to the Hanafi school (they say the imam’s recitation pf Fatihah is sufficient)?

Country: United States

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In Tuhfah 2/44, Ibn Hajar stated that reciting Surat al-Fatihah is obligatory in every rak’ah of every prayer. This applies if one is praying alone, leading another, or following another. The evidence for this ruling is the rigorously authenticated hadith, “There is no prayer for one who does not recite ‘Fatihat al-Kitab.’”

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Is Marrying More than One Wife Recommended?

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Question:

Is it recommended as a general rule to have only one wife or more than one wife?

Country:

Australia

Answer:

In al-Hawi al-Kabir 11/417, Qadi Mawardi related a difference of opinion between the Zahiris and Imam Shafi’i regarding a man marrying multiple wives.

According to the Zahiris, it is recommended for a man to marry four, so long as one can take care of them, completing the number they understood to be recommended.

And Imam Shafi’i judged that it may be preferred to marry just one even if four are permitted.

Qadi Mawardi then related the issue to be one of tafsil. He stated that what should be considered is the husband’s condition. If he is satisfied by one, then it is best for him to limit himself to marriage with her, i.e. that one. And if he is not satisfied, then marrying again would be recommended, marrying until he is content, up to four.

This is conveyed by Khatib Shirbini in Mughni al-Muhtaj 4/207 too, that it is best to marry just one “unless there is a hajah zahirah“, and then, marrying more may be recommended.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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Acting as the Prophet in a Film?

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Question:

Assalamualaikum respected shaykh,

There is a website which claims that there is a difference of opinion about whether people can act as any of the Prophets in movies, whether the Holy Prophet Muhammed Sallallahu alaihi wa sallam, or other Prophets. Is this true?

Country: United Kingdom

Answer:

wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Shaykh Ibrahim al-Bajuri said, “Believing that the outward qualities [mahasin zahirah] that were manifest in the body of the Prophet (sallaAllahu alayhie wa sallam) have never been manifest in another, this is from the intactness of faith [iman]. And with that, it was never displayed from him (sallaAllahu alayhie wa sallam) entirely; as if it was, eyes would not have been able to bear seeing him (sallaAllahu alayhie wa sallam).” (al-Mawahib al-Luduniyyah 34)

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Is the ‘Iddah after Khulu’ One Month or Three?

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Question:

As salaamu alaykum dear respected scholar. I would like to ask according to Shafi’i Fiqh is a Khula a from of Talaq or divorce? And if so is the ‘iddah the same as a Talaq (three periods of purity between menstrual cycles)?

Country: United States

Answer:

Wa alaykum salam wa rahmatullah wa barakatuhu,

In his Jami’ 3/318-19, Imam Tirmidhi related two views: (1) it is like an ‘iddah after a talaq (2) and that it is just one period [haydah].

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Is Only Ijma’ al-Sahabah Accepted?

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Question:

Assalamu alaikum, We know that there are few types of ijma in Shariah. Like Ijma as sahaba, ijma al Ummah or Mujtahidin. One of my brothers told me that only ijma as sahaba is acceptable. is it right?

Answer:

wa alaykum salam wa rahmatullahi wa barakatuhu,

In Jam’ al-Jawami’ 2/135, Ibn al-Subki mentioned that ijma’ is not limited to the sahabah. The Zahiris held that ijma’ is specific to them, and the majority differed with the Zahiriyyah on this point. The editor of Jam’ al-Jawami’ pointed out that Amidi and Ghazzali have discussed this issue in greater detail, anyone who wants more detail should consult Amidi’s Ihkam 1/195-99 and Ghazzali’s Mustasfa 1/537-39 insha’Allah.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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An American “Imam” Legitimizing Homosexuality

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Question:

There is an imam in the United States who is permitting homosexuality and the marriage between two men. He says it is lawful in Islam, what is the ruling?

Country: United States

Answer:

wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In Islam, homosexuality is unlawful without a doubt. Any individual who says it is permissible has left the fold of Islam. This ruling is stated in Kifayat al-Akhyar pg. 630, and other scholars related it too.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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Annulling a Marriage Because of an HIV Infection

As-Salam ‘Alaykum wa Rahmatu Allahi wa barkatu,

We were asked in regards to illness that would nullify a marital contract, if Aids (and HIV+) would be part of those illnesses within the Shafi’i Fiqh School.

The question was translated into Arabic then presented to the esteemed Shaikh Mustafa Sumeet in Hadramout, Yemen. This is his answer: سؤال عن الإيدز.

Bismillah

All Praise be to Allah the creator of the universe, and may peace and blessings be upon the most honorable of all the prophets, Mohammad, and his family, Companions (and Followers till the end of time.);

I was asked by my brother Abu Malik Ar-Rumi about the ruling within the Shafi’i school if one of the spouses was infected with Aids.

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Can a Woman’s Son be Her Wali?

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Question:

As salaam mu alaikum. Respected Mufti, I would like to know that in the Shaafi’ee madhab if it is permissible for the son of a lady who was previously married to be her wali if she has no father, grandfather or any relatives from her father’s side? Jazaakallah Khairan.

Country: South Africa

Answer:

wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In the Shafi’i Madhhab, if a woman’s son is connected to her only by the bond of being her child, then he cannot act as her guardian and marry her off. If another connection between them is established, then he may according to that. An example of this is them sharing in lineage by him being both her son and also the son of her uncle’s son; or for example, if he was the judge [qadi].

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Is the Masjid’s Carpet a Sutrah?

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Question:

As-salamu ‘alaykum. In a masjid, we quite often have carpets that have musallas to demarcate an individual’s prayer space in the carpet design itself. Can this ‘musalla’ be considered as a sutra or is it still recommended to place something in front of one? Wasalam.

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Placing something as a barrier [sutrah] between one praying and passersby is recommended. In Sharh al-Muhadhdhab 3/199, Imam Nawawi related an ijma’ from Shaykh Abu Hamid on this.

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Can a Muslimah Marry a non-Muslim?

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Question:

As salaam alaikum. Is it permissible in the Shafii madhhab for a Muslim woman to marry a non-Muslim man who respects her religion?

Answer:

wa alaykum salam wa rahmatuLlahi wa barakatuHu,

It is not permissible for a Muslim woman to marry a non-Muslim man.

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