Rules and verdicts on Salah of the Shafi’i school

Question:
Is it allowed to make the buildings on the buried place of Auliya. Need some proof from Quraan, Imams, or Sahabah.
Country: India
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In Sahih Muslim v. 7, p. 1178, the Prophet Muhammad (sallaAllahu alayhie wa sallam), “Prohibited…building upon them [graves]….”
In Sharh Sahih Muslim v. 7, p. 1179 and Sharh al-Muhadhdhab v. 5, p. 296, Imam Nawawi discussed the issue. Without any difference of opinion, building upon graves is makruh. The Shafi’is do not differentiate regarding what is built over the grave, be it a house or a dome or any other structure. Also, the issue of if a grave-site is privately owned or provided for the public’s use is considered. If the latter, then it is unlawful, and the grave should be demolished; while if the grave-site is private, then it is makruh, the demolishing is not demanded from the owner.

Question:
When we pray 2 rakats of Istikhara for Allah’s guidance, when is the proper time to make the du’a, before the salam (i.e. after regular tashahud, or after the salam? May Allah reward you.
Country: Canada
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In his Sahih v. 4, p. 190, Imam Bukhari related on the authority of Jabir who said that the Prophet Muhammad (sallaAllahu alayhie wa sallam) would teach the Sahabah istikharah like he would teach a chapter from the Holy Qur’an. Whenever one needs guidance on an important matter he should perform the istikharah prayer [the prayer for guidance] by first performing two rak’ahs and then [i.e. after the two raka'at - units of prayer] reading this dua دعاء الاستخارة.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
When in the at-tahiath does one shake the finger for kalima or does one not?
Country: India
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
In Tuhfat al-Muhtaj v. 2, p. 80, it is stated that one raises the finger at the hamzah in the phrase إلا الله in the tashahhud and does not put in down until the end of the tashahhud. The raising of the finger signifies, in both word and deed, one’s testimony to Allah’s Oneness. Additionally, one does not shake the finger back and forth [tahrik]; in fact, it is disliked.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
As salamu alaykum, Can the Mufti please clarify the issue of the Raf ul yadain. Shukran.
Country: South Africa
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
By raf’ al-yadyan, we understand that the question is on the topic of lifting one’s hands shoulder level while transitioning between the prayer’s different postures, for example while coming up from ruku’ or while going into ruku’. The ruling on this in the Shafi’i Madhhab is that it is sunnah. This is based on the hadith found in the Imam Bukhari’s Sahih v. 1, p. 188 on the authority of Nafi’ that Ibn ‘Umar would, “when he entered the prayer make takbir and raise his hands, and when he would make ruku’ he would raise his hands, and when he would say, ‘samia’ Allahu li-man hamidahu,’ he would raise his hands; and Ibn ‘Umar ascribed [رفعه] this practice to Allah’s Prophet (SallAllahu alayhie wa sallam).”

Question:
How to perform sunnate maokadda before zuhr prayer. A pair of 2+2 or 4 at once. Please clarify.
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
There are two established rak’ahs before the zuhr prayer from the ten rawatib that should accompany the five daily prayers. These first two are emphasized [sunnah mu’akkadah]; and one may add two more if one wants they are encouraged [sunnah]. (Nihayat al-Muhtaj 2/108, 110; Rawdat al-Talibin 1/327) If one does pray the four rak’ahs before zuhr, then making a taslim between them is sunnah. (Sharh al-Muhadhdhab 4/10)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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Question:
Assalaamu ‘alaykum wa rahmatullaahi wa barakaatuh, I read somewhere that it is recommended to delay the ‘Isha prayer (for women). If this is true then at what time does ‘Isha salaah end? Jazaak ‘Allah Kheir.
Answer:
Wa alaykum salam wa rahmatulLlahi wa barakatuHu,
The best time [fadilah] in which the ‘isha prayer is performed is the first of its time. The preferred time [ikhtiyar] lasts up to one-third of the night – and in another view half. The merely permissible time [jawaz] lasts up to morning [tulu’ al-fajr]. (Rawdat al-Talibin 1/182; Sharh al-Muhadhdhab 3/39-40)
And Allah knows best.
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