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The Talaq of One Intoxicated

Posted by fatwa on Apr 21, 2012 in Divorce Talaq, Featured, Uncategorized | 1 comment

Question:

If the husband gives talaq in the state of alcohol addiction is that talaq valid?

Country: India

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

We understand that what is intended in the question to be that a husband issues a talaq while he is intoxicated from drinking alcohol. If he issues a talaq in this state, the talaq has happened. (Nihayat al-Muhtaj v. 6, p. 424)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

The length of the Short integrals of Prayer

Posted by Shafiifiqh.com on Nov 5, 2011 in Featured, Salah, Uncategorized | 0 comments

Question:

Is it necessary that the time that you spend between prostration should be lesser than the time you spend in Prostration. Similarly the time you spend after rukuh, while standing should be lesser than the time you spend in rukuh. When we pray quickly, we sometimes don’t recite anything during rukuh and sujud.

Jazak Allahu Khyran

From: UAE

Answer:

Standing after ruku/bowing’ (‘itidal) and sitting between prostrations are considered short integrals of the prayer. Although they are not intended integrals in and of themselves, but rather separators between long integrals, they are nevertheless integrals in our school. According to Imam Abu Hanifah, and one of two views held by Imam Malik, rising after ruku’ is not obligatory, thus, one may go directly from ruku’ to prostration without rising up and standing (Fath al-’Aziz 1:512).

In Bushra al-Karim, Sheikh Sa’id Ba’Ishn states that:

If one intentionally lengthens ‘itidal or the sitting between prostrations beyond the amount of time it takes to recite the prescribed supplications therein, which is equal to the fatiha in ‘itidal and the minimal tashahhud when sitting between prostrations, ones prayer is invalidated if one knows that such lengthening will render it nullified. [Though] Many scholars preferred the position that these are long integrals. (1:210)

In conclusion, ‘itidal and sitting between the two prostrations do not have to be shorter than ruku’ and sujud, rather, what is requires is that you do not lengthen the two short integrals beyond the limit mentioned above in Bushra al-Karim.

And Allah Knows Best

Shafi’i Fiqh Fatwa Dept.