INTRODUCTION

Shaykh al-Imam al-‘Allamah Shams ad-Din Abu Abdillah Muhammad ibn Oasim ash-Shafi’i, may Allah swt bestow His mercy and pleasure upon him, Amen.

All praise belongs only to Allah. The phrase “Alhamdulillah” is said in order to take blessings from the fatihah al-kitab. “Alhamdulillah” is the beginning of every good thing, and the end of every answered prayer, and the ultimate prayer of the believers in Paradise, which is the place of reward for deeds.

We praise Allah, the Almighty, who gives taufig (help) to those of His servants whom He wills to understand in the knowledge of religion according to His will.

And we ask that blessings and peace be upon the most excellent of creatures, the Prophet Muhammad, the leader of the Messengers, who said: “Whomsoever Allah wills well, Allah will give him understanding in matters of religion”. And we ask that blessings and peace be upon his family and companions, so long as those who remember Allah continue to remember Allah, and those who forget continue to forget.

After reciting the basmalah, hamdalah, and salutations and greetings, this is a very concise and very clean book. we compiled it as a syarh (commentary) on: a book called “at-Tagrib”.

So that it can be useful for novice students who need knowledge of the furu’iyah (branch issues) of Shareeth and the religion of Isiam.

And so that it can be a medium for our salvation on the day of reckoning. And can be useful for the servants of Allah Swt who are Muslims.

For verily, Allah hears the prayers of His servants, and is Near and Willing to grant requests. And whoever aims at Him will never be disappointed. “And when My servants ask you about Me, then surely I am the One Who is Most Near.”

And you should know that in some of the wording of this book, in addition to the khutbahs: it has been found that the name of this book is sometimes “at Taqrib”, and sometimes “Ghayah al Ikhtishar”,

For this reason, we have given this book two names. One is “Fath al Oarib al Mujib” in commenting on the verses of the book of at-Taqrib, and the other is “al Qaul al Mukhtar Fi Sharh al ikhtishar” in commenting on the book of Ghoyatul Ihktishar.

I will say, Ash Shaykh, al Imam Abu ath Thayyib, and also known by the nickname Abu Shuja’, who became the torch of the light of Islam, namely Ahmad Ibn Husain Ibn Ahmad al Ashfihani, may Allah shower His mercy and pleasure on bellau, and place him in the highest paradise of Paradise With the invocation of the name of Allah, the Most Merciful, the Most Merciful, I begin this book of mine. The word “Allah” is the name of the One Whose Being is Obligatory. The word “ar-Rahman” is more perfect (has more meaning) than the word “ar-Rahim”.

Alhamdulillah (all praise belongs only to Allah). It is praising Allah Swt with good praise as an expression of exaltation.

The Lord of the universe. The phrase “al ‘aalaminna” with the lam in fathah, as stated by Imam Ibn Malik, is an Isim jama’ that refers to intelligent beings, not a lafadz, Jama’. As for the mufrad form of the phrase “al ‘aalamina”, it is the phrase “‘alam” with the lam sounded fathah. This is because “alam” is a universal name for anything other than Allah. Whereas the jama’ is specific to intelligent beings.

And may Allah swt bestow mercy and safety upon our lord, Muhammad, who became a Prophet. “A Prophet”, with or without a hamzah, is a human being who is given revelation in the form of applicable Shara’ laws, even if he is not commanded to convey them. And if he is commanded to convey it to others, then he is called a Prophet and also a Rosul. The meaning of the prayer of sholawat is that may Allah Swt issue mercy and safety to the Prophet. The word “Muhammad” is an ‘alam that is transferred from the maf’ul Isim which is ditasydid “ain f’ilnya. While the phrase “an Nabi” acts as a badal of the phrase “Muhammad”, or becomes ‘athaf bayan of the phrase.

And may Allah swt also give to the Prophet’s family, the holy ones. What is meant by his family, as stated by Imam ash-Shafi’i, are his believing relatives from the descendants of sayyid Hashim and sayyid Abdul Muttalib. Ads say that they are all the people of Isiam, and this opinion is preferred by Imam an Nawawi.

The author’s possible expression is taken from the words of Allah Swt which reads ” ” “and indeed Allah purifies you (the members of the house) with perfect purification”.

The phrase “shahabatiht” is the jama’ form of the word “companions of the Prophet”. The author’s word “ajma’ina” is a corroboration for the phrase “shahabatihi”,

Then the author, in the following narration, explains that he actually wrote this compendium on the basis of a request. we were asked by some of our friends, may Allah take care of them, to write a compendium on figh. The phrase “al ashdiqa” is the jama’ form of the phrase “Shadiq”. The author’s words “may Allah watch over them” are the number of the supplication. . Figh etymologically means understanding. And in terminology is the knowledge of the practical rulings of Shara’ which are taken / extracted from the detailed arguments”.

By following the madhab of al Imam al A’dham al Mujtahid, the helper of the sunnah and the religion of Islam, Abu Abdillah Muhammad ibn Idris ibn al Abbas ibn Uthman ibn Shafi’ as Shafi’i. .

He was born in the city of Ghaza in 150 A.H. and passed away, may Allah’s mercy and blessings be upon him, on Friday, the last day of Rajab in 204 A.H.

The author gives several characteristics to his ‘abridged book’. Among them is that it is actually very concise. The phrase “al ghayah” and the phrase “an nihayah” are two phrases that are close in meaning. Likewise, the phrase “al ikhtishar” and the phrase “al ijaz” are also close in meaning. It is easy for the learner to learn about the furu’iyah (branches) of fiqh, and for the beginner it is easy to memorize. This means that it is easy for the one who likes to memorize the abridged books of fiqh to memorize them by heart.

Some of our friends also asked us to increase the number of divisions of the figh rulings in the compendium, and to increase the number of conditions that are obligatory, Sunnah and so on.

So we complied with their request, seeking the reward of Allah Swt in return for composing this compendium.

We hope that Allah swt will help us from His grace to complete this compendium, and give us taufig (help) to the ash showab (truth). Ash shawab is the opposite and af khotha’ (error). Verily, Allah the Almighty is in control of what He wills, and is merciful to His slaves, and is aware of the condition of His slaves.

The first word “Isti” is taken from Allah’s word “Allahu laththiifun bi “ibadihi” (Allah is merciful to His servants). The second word “khabu” is taken from Allah’s words and “wahuwal hakimul khabir” (as for Allah, He is the All-Wise, the All-Watchful).

“Lethif” and “Khabir” are two of the names of Allah.

The first meaning of “Iathif” is that Allah is aware of the soft and complex issues, and it is also used for the meaning of “ar-rafigu bihim” (Allah is merciful to His servants), so Allah is aware of His servants and their needs, and is merciful to them.

While the meaning of the second phrase “khabis” is close to the meaning of the first phrase. And it is said “khabartu ash shafi’a ukhbiruhu, wa ana bihi khabirun ‘ai ‘akimun” “I know something that I Inform, so I know it.”

The author said, may Allah swt have mercy on him.

MUHIMMAT IN THE MUOADDIMAH CHAPTER

1. Biography of Abi Shuja’

He was born in 433 A.H. He was a gadhi in the city of Ashfihan and was its prime minister, and he spread justice and Islam. He never left his house, so he would pray and recite the Qur’an as much as he could beforehand.

In defending the truth he was never afraid of other people’s criticism, he had 10 assistants who were tasked with providing various kinds of gifts to people who needed them, and each of the assistants was given an allocation of funds of 120,000 dinars, which is gold currency that weighs 1 dinar = 4.25 grams.

He lived in the city of Madinatul Munawwarah, with activities sweeping the Prophet’s Mosque, spreading mats / carpets, lighting lamps and serving at the tomb of the Prophet Muhammad Saw. until he died, he lived at the age of 160 years in a state where none of his limbs were damaged / defective, when he was asked about the secret of this he replied: We have never disobeyed Allah with any of our limbs, when we take care of them from childhood, then Allah will take care of them in our old age’.

2. What It Means and Its Details A person’s level of knowledge is divided into three parts:

1) Al Mubtodi’: is a person who has just started learning the basic sciences. This means that al mubtadi’ is still unable to describe a problem.

2) Al Mutawassith: One who studies the sciences at an intermediate level. This means that at this level he has been able to describe a problem, but has not been able to come up with a thesis on the problem.

3) Al Muntaha: One who studies the higher sciences. This means that he has been able to describe a problem, as well as come up with a thesis on the problem.

And when a person is able to favor several different opinions, he is called Mujathidul Fatwa, as Imam Nawawi said

and Imam Rafi’i. And when an imam has been able to explore several branches of problems from the rules of his imam, it is called Mujtahidul Madzhab. And when an imam has been able to explore the law from the Qur’an and Hadith, he is called Mujtahid Mutlag.

3. Meaning & Number of the Prophet’s Companions

The definition of a friend of the Prophet is someone who has met the Prophet (S) in a state of faith and still adheres to the religion of Isiam. While the order of merit of the Prophet’s companions according to the version of Ahlus Sunnah Wal-Jama’ah scholars are:

1. Shahabat Abu Bakr, Umar, Uthman, Ali, Talhah, Zubair, Abdur Rahman ibn Auf, Sa’ad, Said, Abu Ubaidah (al-Asyarah al-Mubassyirina bil Jannah).

2. The 40 companions of the Prophet who hid in the house of Khaizaran with the Prophet.

3. The 313 Sahabah who participated in the battle of Badr.

4. The 700 Sahabah who participated in the battle of Uhud.

5. The 1,400 Sahabah who participated in the Baitur Ridlwan.

Whereas the first to believe in the Prophet (S) from among adult free men was the Companion Abu Bakr, and from among children was the Companion Ali bin Talib, and from among women was Siti Khadijah, and from among former slaves was the Companion Zaid bin Haritsah, and from among slaves was the Companion Bilal bin Rabbah.

The last of the Sahabah to die was Abu al-Thufail Amir ibn Watsilah al-Laitsiy who died in 100 AH, but some argue that he died in 102 AH and 107 AH.

The one who died before Abu al-Thufail was Anas ibn Malik, who died in Bashrah in 93 AH.

The last of the Companions who participated in the battle of Badr to die was the Companion Malik bin Rabi’ah. And the number of the Prophet’s companions at the time of the Prophet’s death was 124,000, just like the number of the Prophets.

THE BOOK ON THE LAWS OF PURIFICATION

Etymologically, “Kitab” is a masdar word that means … collect. While terminology is the name of a type of some laws.

“Chapter” is the name for one type of ruling that comes under that heading. The word “thaharah” is pronounced with the letter tha’in fathah, and etymologically it means cleanliness. As for the Shar’i ruling, there are several definitions. Among them are the words of the scholars,

“Thaharah is doing an activity that is the cause of the permissibility of prayer.

That is wudlu’, ghusl, tayammum and removing impurities.” As for the phrase “ath thuharah” with the dhammah of the letter tha’is pronounced, it is the name of the remaining water – which is used for purification -.

And when water is a tool for purification, then the author goes on to explain the kinds of water.

So he said: There are seven kinds of water that are permissible, meaning that they can be used for purification: 1) celestial water, meaning water that comes down from the sky, namely rainwater, 2) sea water (saltwater), 3) river water (freshwater), 4) well water, S) source water, 6) snow or ice water, 7) dew water.

And these seven kinds of water are summed up in your statement, “water that can be used for purification is water that comes down from the sky or comes out of the earth in whatever form it takes according to its origin.” Then, water is divided into four parts: One of them is water that is pure in essence, can purify other things, and it is not makrooh to use it, which is absolute water (not bound) from the common (patent) gayyid (name).

This does not affect the absoluteness of gayyid water that is munfak (removable), such as well water.

The second type of water is water that is pure in essence and can purify other things, and it is makrooh to use it on the body, but it is not makrooh to wash clothes. The second type of water is water that is pure in essence and can be purified on other things, but it is makrooh to use it on the body and it is not makrooh to wash clothes.

According to the Shar’i ruling, the taboo on using musyammas water applies only in areas where the temperature is hot, and in containers that can be hit by a hamer (such as copper, metal, or iron), except for containers made of gold and silver, because their elements are clean (from rust).

When the water becomes cold, the makrooh ruling disappears. But Imaam an-Nawawi prefers that the ruling not be makrooh in its entirety (whether the conditions are met or not).

It is also makrooh to use water that is very hot (not from the sun) and very cold.

The third part is water that is sud dzat but cannot purify other objects. This is musta’mal water. This is water that has been used to remove impurity, or to remove najis, if it has not changed its properties and has not increased in size, after it has been separated from the thing that is washed after taking into account the water that is absorbed by the thing that is washed.

And mutaghayyir water (water that changes). The third category of water is water that has changed one of its characteristics because of the mixing of suds with it, in a way that prevents the water from becoming pure. This water is pure, but it does not purify.

Whether the change is evident to the senses or is expected, such as water that has been mixed with something that has the characteristics of water, such as rose water that has lost its smell and musta’mal water.

If the change does not reach the level of removing the name of the water, with a description of the change – which is caused by a holy object that mixes only, or because it is mixed with an object whose properties are in accordance with the properties of water and it is expected to change but it does not change, then the ruling of thahuriyyah (being able to purify) of the water is not lost, meaning that it is still classified as holy water again purifying.

With the expression “khalathahu” (something that interferes), the author excludes the changes in water caused by holy objects that are only adjacent to the water (not interfering). In that case, the water would still be considered pure and sanctified, even if there were many changes. The same applies to water that has changed one of its characteristics because of things that mix with it (that cannot be distinguished from water by the eye), which the water cannot avoid, such as mud, moss, things that are in the place where the water dwells and where it flows, and water that has changed one of its characteristics because it has been standing still for too long. In fact, these waters are sud again purifying.

The fourth part is unclean water, which is water that is impure. This unclean water is divided into two parts.

One of them is a little water. This is water that is impure, whether it has changed : (its properties) or not, in the condition that the water is less than two Gullah. . This section excludes the carcass of an animal that does not bleed when it is killed or its limbs are cut off, such as a fly, if it is not intentionally introduced and does not change the nature of the water.

Also excluded are impurities that are not visible to the eye.

So these two impurities do not defile the water. They also exclude some of the forms of impurity that are mentioned in books that are extensive in their discussion.

And the author indicates the second part of this fourth category of water by saying: “or the impure water is of a large size, i.e. it has the size of two Oullahs or more, but it has changed its nature, whether it has changed a little or a lot.”

The size of two Oullah is approximately five hundred Rithls of Baghdad (270 Itr), according to al Ashah.

According to Imam An-Nawawi, one Ritih of the State of Baghdad is one hundred twenty-eight dirhams over four and one-seventh dirhams. The author leaves out the fifth part, which is water that purifies but it is forbidden to use it, such as wudlu’ with water from ghasab (booty) or water provided for drinking.

MUHIMMAT IN THE CHAPTER MUQADDIMAH THAHARAH

1. Imam Ghozali’s Version of the Little Water Affected by Impurity

Comment: According to Imam Ibn al-Mundzir and al-Ghazali, water, whether it is much or little, does not become impure when it becomes impure, unless one of its characteristics (taste, smell and color) changes.

2. Clean with Boiled Water

The scholars assume that it is makrooh to use boiled water for wudoo’, but this view is incorrect, because it contradicts the report that states that the Companion ‘Umar ibn Khattab used boiled water for wudoo’. This was known to the other Sahabah, and they did not deny it.

3. Jeding Kobok with Changing Water

Absolute water is the water that is in the bathtub when it changes due to the bodily excrement of the bathers. And tap water that changes due to the dirt of the feet of those who wash, then that does not affect the water’s purity, even if it changes a lot.

4. Mukhalith Versus Mujawir

According to the superior opinion, which is supported by the majority of scholars: Mujawir is something that can be separated from water, while mukhalith is something that cannot be separated from water.

5. Splashing Water When Defecating in the River

If human excrement falls into water and splashes onto something, this does not defile it.

CHAPTER DIBAGH (TANNING)

(Fasal) explains about unclean things, unclean things that can be purified “by the process of tanning and those that cannot be purified (by tanning).

All carcasses can be made clean by tanning them. Both carcasses of animals whose meat is lawful to eat and animals whose meat is not lawful to eat.

The procedure for tanning is to remove the remnants of the cottons that cling to the skin and cause it to stink, i.e. blood and the like, by using something that stings the tongue, such as the afshin plant.”

Even if it is unclean, such as pigeon droppings, it is sufficient for tanning.

With the exception of the skins of dead dogs, pigs, children born to them, or of one of them that is the result of mating with a pure animal. Then the skins of these animals cannot be made pure by the tanning process.

As for the bones and fur of the carcass, they are unclean. Likewise, the carcass itself is also unclean.

What is meant by carrion is an animal that died from a cause other than shar’i slaughter.

Hence there is no need to exclude the fetus of a slaughtered animal that comes out of its mother’s womb dead, because the slaughtering is within the slaughtering of the mother. The same applies to the other exceptions that are described in the books, which are extensive.

Then the author excluded the hair of the carcass, which is what he said, “except for the son of Adam”. That is, the hair of the son of Adam is pure, just as the carcass of the son of Adam is pure.

MUHIMMAT IN THE CHAPTER OF DIBAGH (TANNING LEATHER)

1. Dalil Dibagh & Its Functions

“Wherever there is tanned skin, it is considered sacred”. In addition, tanning serves to maintain the health and improve the skin of the carcass, so that it is suitable for use by analogizing it to a living state.

2. Exfoliated Skin of Living Animals can be Tanned

If the skin is removed from a living animal (ruling on carcasses), it can also be purified by tanning.

3. Is sun-drying permissible?

Fire and sun have no effect on removing impurity, except according to Abi Hanifah, if the skin of a carcass becomes dry because it is dried in the sun, then it is considered pure even without being tanned.

4, Is it permissible to consume tanned carcass skins

There are three opinions on whether or not tanned carcass skin is permissible for consumption:

– The most correct opinion is that it is haraam.

– Halal.

– It is halal when the skin of a lawful animal is eaten, and haram when the skin of a lawful animal is eaten,

GOLD AND SILVERWARE CHAPTER

(Fasal) describes the containers that are forbidden to use and those that are permissible to use. The author begins with the former (those that are forbidden to use).

He said, “Except in cases of necessity, it is not permissible for men and women to use anything from containers made of… gold and silver. Not for eating, drinking or anything else.”

Just as it is haraam to use the items mentioned above, so it is haraam to store them without using them, according to the view of al-Shaah.

It is also haraam to use containers that are gilded with gold or silver, if the gilding produces something valuable by roasting it over a fire.

It is permissible to use containers made of something other than gold and silver, i.e. beautiful containers such as those made of diamonds.

And it is haraam to use a container that is patched with a large silver patch according to ‘urf for the purpose of adornment.

If the silver patch is large because of a need, then it is permissible but makrooh. If it is small by ‘urf for the purpose of adornment, then it is disliked. Or it is small by ‘urf (custom) for the purpose of adornment, so it is permissible but makrooh. As for the gold patches, they are absolutely forbidden, as confirmed by Imam An-Nawawi.

MUHIMMAT IN THE CHAPTER ON GOLD AND SILVER FURNITURE

1. Decorating the Kaaba and Mosque with Gold

It is forbidden to decorate the Ka’bah and all Mosques with gold or silver.

2. Wearing the Golden Susuk

It is not haraam to wear gold or silver implants, because they are not considered to be worn according to custom (urf), and they are covered by the skin.

3. Gold Coffee Containers

Some Hanafiyya scholars said that it is permissible to use gold or silver coffee containers, although the correct view is that it is haraam. So it is better to follow this opinion for those who are already doing it, so as to avoid being caught up in the haram ruling.

CHAPTER SIWAK

(Fasal) explains about using the miswak.

The miswak is one of the recommended parts of wudu’.

Siwak is also expressed to mean the item used for the siwak, which is arak wood and the like.

It is mustahabb in all cases. It is not makrooh tanzih except after sunset for the fasting person, whether he is fasting the obligatory or naafil fasts.

The makrooh ruling on using the tooth-stick disappears with the setting of the sun. However, Imam An-Nawawi prefers the ruling that it is not makrooh to use the toothbrush in its entirety.

It is more recommended to use the tooth-stick in three places than in any other.

One of them is when the odor of the mouth changes because of azm. Some say that azm is prolonged silence. And there are those who say that azm is refraining from eating.

The author says “wa ghairuhu” (and for reasons other than azm), so as to include changes in bad breath for reasons other than azm, such as eating things that smell bad, such as onions, garlic and so on.

The second is when you wake up.

And the third is when you want to pray, either fardlu or sunnah prayers.

It is also advisable to use the tooth-stick in other than the three places mentioned above, namely in places mentioned in books that are lengthy, such as when reading the Qur’an and when the teeth are yellow.

When using the miswak, it is recommended to make the Sunnah intention of using the miswak, using the right hand, starting from the right side of the mouth, and moving the miswak slowly to the roof of the throat and over the molars.

MUHIMMAT IN THE CHAPTER ON MISWAK

1. Miswak with Toothbrush & Candy

If one does not find a miswak, then a toothbrush can take its place, and if one does not find a toothbrush, then one should use the fingers of the hand to clean the teeth, and the miswak can be replaced by chewing gum and the trunk of Al-Luban (the name of a tree).

2. Mouth wash is not a miswak

The virtue of using the siwaak can be attained by using any hard thing, even if it is a Usynan pahon. In contrast, using a mouth wash, even if it cleans the teeth and removes dirt, does not result in the virtue of the siwak, because the mouth wash is not called a siwak.

3. The intention in using the tooth-stick is obligatory

It is mustahabb for the one who uses the toothbrush to intend to do the Sunnah of the toothbrush. He should say, “I intend to do the Sunnah of using a toothbrush.” If a person uses a toothbrush by chance and does not intend to do so, then he has not done the Sunnah of using a toothbrush and will not be rewarded for doing so.

4. Faidah Bersiwak

Among the benefits of miswakening are: (gaining) the pleasure of Allah, the Most Rahman, entering Paradise, perpetuating the miswak can bring spaciousness, wealth and facilitate sustenance, perfume the mouth, relieve headaches, remove all dirt and mucus in the head, strengthen teeth, sharpen the eyes, increase fashih, (strong) memorization and intellect for a man, clean the heart, add some goodness, It pleases the angels, the angels shake the hand of the person because of the light of his face, the angels escort him when he goes out to pray, he is given a record book of deeds with the right hand, miswak removes leprosy increases (the amount of) wealth and children, comforts people in their graves, the angel of death will come to him when retracting the spirit with a handsome appearance. (Hasiyah Bujairamil Khatib juz 1 p 403)

CHAPTER WUDLU’

(Fasal) explains some of the fard requirements of wudlu’,

According to the most popular opinion, the word “wudlu” is the name for the act of ablution.

“Al wadlu'” is the name of something that is used for wudlu’ (ablution water). The first phrase (al wudlu’) includes some of the obligatory and some of the recommended. The author mentioned the fardlies of wudoo’ in his words, “the fardlies of wudoo’ are six things.”

The first is the intention. The essence of intention according to sharee’ah is to intend something at the same time as doing it. If the intention is not simultaneous, i.e. it comes later than the action, then it is called ‘azm.

And intend to do it when washing the beginning of a part of the face. That is, at the same time as washing that part of the face, not at the same time as washing the whole face, not before and not after washing the face.

So when washing these parts, the one doing wudoo’ intends to remove some of his impurity.

Or intending to be allowed to do something that requires wudlu’. Or intending wudlu’ to be obligatory or intending wudlu’ only.

Or the intention to purify himself from hadats. If he does not mention the words “from impurity” (only the intention to purify himself), then his wudoo’ is not valid.

And when the person doing wudoo’ intends something like what has been mentioned above, and he includes the intention of cleansing the body or the intention of refreshing the body, then the ruling on his wudoo’ is still valid.

The second fard is washing the entire face.

The limit of the length of the face is the member between the places where the hair of the head generally grows and the base of the “lahyaini” (two jaws). The lahyaini are the two bones on which the lower teeth grow. Its ends meet at the beard and its base is at the ears.

And the width of the face is the member between the two ears.

When there is thin or thick hair on the face, it is obligatory to pour water on the hair and the skin underneath it. However, in the case of a man with a thick beard, where the person being spoken to cannot see the skin underneath the beard through the covering, it is sufficient to wash only the outer part of the beard.

In contrast to a thin beard, where the skin underneath is visible to the person being spoken to, it is obligatory to pour water over the skin of the beard.

As for the beards of women and transvestites, it is obligatory to let the water reach the skin beneath their beards, even if they have thick beards.

In addition to washing the entire face, part of the head, the neck and the part below the chin should also be washed.

The third requirement of wudu is to wash the hands up to the elbows.

If one does not have both elbows, then the method of washing is quite approximate.

And it is obligatory to wash the things that are above the two hands, namely hair, growing flesh, extra fingers and nails,

It is obligatory to remove that which is under the nails, which is the dirt that prevents water from entering, and the dirt that is under the nails.

The fourth commandment of wudu is to wipe part of the head, whether male or female.

Or wipe some of the hair that is still on the border of the head.

He does not have to use his hands to wipe his head, rather he can use a piece of cloth or something else. If he washes the head instead of wiping it, that is permissible.

If he puts his wet hand on his head and does not move it, it is permissible.

The fifth requirement of wudoo’ is to wash the feet up to the ankles, if the person doing wudoo’ is not wearing muza shoes. If he wears two muza shoes, then it is obligatory for him to wipe over both muza shoes or wash both feet. And it is obligatory to wash the things that are on the feet, namely the hair, the extra flesh, and the extra fingers, as explained in the matter of the hands.

The sixth fard of wudoo’ is the orderly performance of wudoo’ in the way that we have explained in the order of the fard of wudoo’.

So, if you forget to do it in an unruly manner, the wudlu’ that you perform will be insufficient.

If four people were to wash all the parts of a person’s wudoo’ at once with his permission, only his facial impurity would be removed.

MUHIMMAT IN WUDLU’ CHAPTER

1. Examples of permissible Ta’lig Wudhu

Some of the instances in which the intention in acts of worship is relied upon are. The first is in matters of thoharoh. If a person doubts that he has wudoo’, then he intends to do wudoo’ by means of ta’ig, such as “I intend to do wudoo’ to remove wudoo’ if I have wudoo’, and if I have not, then I intend to renew my wudoo'”, then his wudoo’ is valid.

2. Ablution with Ice Cubes

It is not permissible to wash the wudiu with snow or ice, unless they can flow over the wudiu.

3. Diving as a Model of Ablution

If a person who has minor impurity dives, even in a small amount of water, with the intention of making wudoo’ count, then his wudoo’ is valid, even if his diving does not take the time that would make tartib possible.

4. TPQ teachers don’t have to have ablutions

Comment: Al-Haafidz Ibn Hajar issued a fatwa in which a teacher said: “If a child is unable to perform ablution when doing his obligatory duties, then he may be granted the concession of touching the children’s blackboard while he is in a state of wudoo’.

CHAPTER ON THE MUSTAHABBITIES OF WUDOO’

There are ten mustahabbos of wudoo’. In some of the texts it is expressed in the words “ten khishal”.

That is, reciting the basmalah at the beginning of wudlu’. The minimum limit for reciting the basmalah is bismillah. And the most perfect is bismillahirrahmanirrahim.

If one does not recite the Basmalah at the beginning of wudoo’, then it is Sunnah to do so in the middle of wudoo’. If he has finished wudoo’, then it is not Sunnah to recite it.

And wash both palms up to the wrists before rinsing the mouth.

And he should wash them three times if there is any doubt about their purity, before putting them into a container that holds less than two Oullahs of water. So, if he has not washed the palms of his hands, it is makrooh for him to put them into a container of water.

If he is certain that his hands are clean, then it is not makrooh for him to put them into the container.

And rinsing the mouth after washing the palms of the hands. It is mustahabb to gargle by putting water in the mouth, whether one swirls it around and spits it out or not. If you want to get the most perfect, then spit it out.

And istinsyag or inhaling water into the nose after rinsing the mouth.

It is permissible to make istinsyag by putting water in the nose, whether one draws it in with his breath up to the nasal passages and then sprays it or not. If he wants to get the most perfect one, then he should spray it.

Inhaling water is recommended to be done perfectly (loudly).

As for combining gargling and Istinsyag with three takes, i.e. gargling from each take and then sipping water, that is better than separating them.

And wiping the entire head. In some of the wording of the matan, it is expressed in the language of “and leveling the head with, wiping”.

With regard to wiping part of the head, it is obligatory, as stated above.

If he does not want to take off something that is on his head, namely his turban and other things, then it is mustahabb to complete the wiping of water over his turban.

And wiping all parts of both ears, inside and out, with fresh water, meaning not the wetness left over from the head wiping.

And what is sunnah in the way of wiping them is that he inserts the two index fingers into the holes of the ears, rotates them into the folds of the ears and £ runs the two thumbs on the back of the ears, then puts his wet palms on the two £ ears to ensure even wiping of the water into the ears.

And conveying water through the crevices of a man’s thick beard. The word “al katstsati” is used with a three-dot letter (tsa).

If the beard of a man is thin, and the beard of a woman or khuntsa, then it is obligatory to pass water through the gaps in the beard.

The procedure for takhlil (passing water through the crevices of the beard) is to insert the fingers of a man’s hand from under the beard.

And conveying water through the crevices of the fingers and toes, if the water can reach these parts without the process of takhlil.

If the water cannot reach that part except by takhlil, such as fingers sticking to each other, then takhlil is obligatory.

If the fingers that are stuck together are difficult to takhlil because they are too close together, then it is haraam to tear them for the purpose of takhlil.

The takhlil procedure for both hands is the tasybik model (Ngapu rancang: red jawa), which means inserting the fingers of the right hand into the gaps of the left fingers.

While the takhlil process for both feet is to use the little finger of the left hand inserted from the bottom of the foot, starting from the cracks of the little finger of the right foot and ending with the little finger of the left foot.

And it is Sunnah to give precedence to the right part of the hands and feet over the left part of the feet, both.

As for the two limbs that are easy to wash at the same time, such as the two cheeks, it is not mustahabb to give precedence to the right side of the two, rather they should be purified simultaneously.

The author mentions the Sunnah of repeating the washing and wiping of the parts of wudlu’ three times in his words, “and it is Sunnah to perform ablution three times.” In some of the wording of the text, it is expressed in the language of “repeating the washing and wiping of the parts of wudoo’.”

And muwallah (continuous). Muwallah is expressed by “tatabbu” (continuous). Muwallah means that there is no long separation between the two parts of wudoo’, rather each part of wudoo’ is purified immediately after purifying the previous part, even if the previously washed part of wudoo’ has not yet dried in normal conditions of air, weather and time.

And when repeating three washes, the measure is the last wash.

Muwallah is only recommended for the ablution of the person who is in a state of emergency.) As for the shahibur dlarurah, then muwallah is obligatory for him.

And there are many other mustahabbos of wudoo’ that are mentioned in books that are lengthy.

MUHIMMAT IN THE CHAPTER ON THE MUSTAHABBOS OF WUDLU’

1. The Sunnah of ablution without intention is not valid

It is mustahabb for the person doing wudoo’ to intend to perform the Sunnahs of wudoo’ when washing his hands – if he does not intend to do so, he will not be rewarded for the Sunnahs.

2. The permissibility of Tatslis by moving in a lot of water

If the mutawadli’ washes his hands in water that is plentiful and still, then he moves his hands, then he has attained the Sunnah of tatslits according to the view of al-Husayn and al-Baghowi.

3. Conditions of the Sunnah of Tajdidul Wudhu

It is mustahabb to renew one’s wudoo’ if it does not conflict with the virtue of praying at the beginning of the time or being interrupted by the imam or others.

4. Differences of opinion regarding the time when it is recommended to do tajdid al-wudlu’

Comment: (There are five opinions concerning when it is mustahabb to renew wudoo’:

1. The opinion of al-Ashah is after performing the prayer, even if it is a Sunnah prayer.
2. The second opinion is after performing the obligatory prayers.
3. The third opinion is after doing something for which wudoo’ is recommended (such as reading the Qur’an).
4. The fourth opinion is after praying, prostrating or reciting the Qur’an.
5. The fifth opinion is absolutely recommended, as stated in Syarh al-Muhadzab.

Imam Ibn Hajar was of the view: It is haram to do tajdid alwudlu before performing voluntary or fard prayers, meaning that it is an independent act of worship. However, Imam Muhammad Ramli ruled it makrooh.

CHAPTER ISTINJA’

(Fasal) explains istinja’ (purification from urination or defecation) and the etiquette of those who relieve themselves.

Istinja’, which is derived from the words “najautus syai’a : ai ghatha’tuhu” (I cut something off) because it is as if the one who does istinja’ has cut off the impurity from himself with it, is obligatory for the discharge of urine or faeces by using water or stones and things that are similar to stones, i.e. any solid object that is pure, can remove impurities and is not glorified by Shara’a law.

However, it is preferable to do istinja’ first with a stone, followed by istija’ with water.

As for what is obligatory – when istinja’ with a stone – is three strokes, even with the three corners of one stone.

It is permissible to use only water or three stones to clean the place of impurity, if the place can be cleaned with these three stones.

And if it is not clean, then add more swabs until the place becomes clean.

And after that, once clean, it is recommended to repeat the stone rubbing three times.

If he only wants to use one of them, then it is preferable to use water. This is because water removes the ainiyah – the impurity and its traces.

The criteria for istinja’ using a stone to be considered sufficient is that the impurity that comes out of the anus has not dried, and has not moved from the place where it came out and there is no other impurity that is not similar (ajNabi) to the impurity that comes out of the anus.

If one of these criteria is not met, then one must do restitution using water.

The one who relieves himself in an open field, i.e. a field where there is no building (open space), must avoid facing and turning his back to the current Qiblah, i.e. the Ka’bah.

If there is no veil between him and the qiblah, or there is a veil but it does not reach -: 2/3 of a dzira’ (32 centimeters), or it reaches 2/3 of a dzira’ but its distance from him is more than three dzira’ (144 centimeters) with the size of the dzira’ of the son of Adam, as some scholars have said.

In this case, the ruling on relieving oneself inside a building is the same as on the ground, subject to the conditions mentioned above, unless the building is designated for relieving oneself, in which case there is no absolute prohibition.

When I say “the current Qiblah”, I am excluding places that were the Qiblah in the past, such as Bait al-Magdis, so the ruling on facing it and turning away from it is makrooh.

For those who relieve themselves, it is Sunnah to avoid urinating and defecating in still, i.e. non-flowing, water.

With regard to relieving oneself in a small amount of running water (less than two qullahs) – the ruling is makrooh, whereas relieving oneself in a large amount of water (two qullahs or more) is not makrooh, but it is better to avoid it.

However, Imam Nawawi is of the view that it is haraam to relieve oneself in small amounts of water, whether it is flowing or still, i.e. not flowing.

It is also Sunnah for the one who is relieving himself to avoid urinating and defecating under fruit-bearing trees, whether they are bearing fruit or not.

And it is Sunnah to avoid what has been mentioned, which is relieving oneself on the road where people pass by.

And in the shade in summer. And in the sun in winter. 

And in the hole under the ground, which is a round hole that goes into the ground. The phrase “ats tsagbu” is not mentioned in some of the texts.

And the one who is relieving himself should not speak without an emergency when urinating and defecating because it is to maintain etiquette.

If there is an urgent need to speak, such as if a person sees a snake that is about to bite someone, then it is not permissible to speak in that case.

And not facing or facing away from the sun or the moon. This means that it is disliked for the person who is relieving himself to do this when relieving himself.

However, in the books of ar Raudiah and Syarh al-Muhadzdzab, namely Majmuk, imam an Nawawi is of the view that actually turning one’s back to the sun and moon – when relieving oneself – is not disliked.

In al-Sharh al-Wasiht he says that not facing the sun or the moon is the same, meaning that it is permissible.

In his book at Tahqla he says that the ruling that it is makrooh to face the sun and moon has no basis in fact.

As for the author’s phrase “and not facing the ila akhir”, it is not mentioned in some of the texts.

MUHIMMAT IN THE CHAPTER ON ISTINJA’

1. Legal Details of Something Coming Out of the Anus

Know that the things that come out of the glqubul and are fertile are divided into three parts:

1) It is obligatory to do istinja’, which is to defecate, urinate and any wet matter that comes out of the mouth and rectum.

2) Not requiring istinja’ are the sound of farting and the smell of farting.

3) What is disputed by the scholars is that it is from things that are not wet, such as worms and pebbles, when they come out of the hollow and the anus is dry. .

2. Istinja’ Using Tissue, Monggo…

It is permissible to use white paper (tissue) that does not have the words dhikrullah written on it, as stated in al-I’ab.

3. What is forbidden to face the Qiblah

If the godlil hajit faces the qiblah with his chest, and turns his arm away from the direction of the qiblah, then he urinates, there is no ruling on that – it is not haraam).

4. The Haram of Peeing in a Graveyard

It is haraam to relieve oneself in the cemetery or in the masjig, even if it is in a vessel.

5. Ring Amulet Should Not Be Taken for Istinja”

If the one who is doing istinja’ has a ring on his hand with the word Allah written on it, then it is haraam, if the writing of the word Allah is intended to be used for tabarruk.

6. Manners When Shitting And including manners when shitting are as followsf:

* Putting the left foot first when entering the toilet.

* Putting the right foot first when leaving the toilet.

*Leaning on the left leg when sitting to relieve oneself.

* Staying away from people so that the sound of the excrement coming out of the hymnals is not heard, and so that the smell of the excrement coming out of the hymnals is not smelled.

* Not standing and not looking at his private parts or the excrement that comes out of the hollow.

* Does not play with his hands

* Not turning your head right and left.

* Not facing the Sun, the Moon, the Great Rock of Baitul Magdis.

* Not entering the restroom with bare feet.

* Or not wearing a head covering.

* Not talking while shitting.

* He should not use water in the place where he relieves himself; rather he should move away from that place, unless it is a place designated for relieving oneself, such as a toilet, in which case there is no need to move.

* Freeing (istibra’) from urinating is according to one’s own custom, because people’s circumstances vary, and if a person’s urination is not interrupted except by istibra’, then it is waib for him.

As for the places that should be avoided when making a wish,

* Still water (not flowing).

* The places where the wind blows, in the middle of people’s paths.

*. A place where people sit.

*. Under the tree that bears fruit.

* Hollow place.

* At the place of the cross.

Everyone who enters the toilet is encouraged to say a prayer:

And when coming out of the toilet say a prayer:

CHAPTER Things that invalidate WUDLU’

(Fasal) explains the things that invalidate wudoo’, also known as the “causes of impurity”.

There are six things that invalidate wudoo’.

One of them is something that comes out of the two ways, namely the genitals and anus, of a person who has wudoo’, who is alive and whose sex is clear.

Whether what comes out is something that is common, such as urine and dung, or rare, such as blood and gravel. Either it is unclean like these examples, or it is pure like a worm.

With the exception of the sperm that comes out as a result of a wet dream, which is experienced by a person who has wudoo’ who sleeps with his buttocks on the floor, this does not invalidate wudoo’.

In the case of a khuntsa musykil (a transsexual whose gender is still unclear), his wudoo’ is only invalidated if something comes out of his private parts as a whole.

The second is sleeping in a state where the buttocks are not on the ground. And in some of the wording of the matan, the words “from the ground with his seat” are added. But the ground is not a limitation.

And by “sticking out the buttocks”, it is excluded if he sleeps sitting and does not stick out the buttocks, or sleeps standing, or sleeps on his back, even if he sticks out the buttocks.

And the third is loss of consciousness, meaning that the mind is defeated due to drunkenness, illness, insanity, ayab or other reasons.

The fourth is the contact of a man’s skin with the skin of another woman who is not a mahram, even if she is dead.

What is meant by men and women is men and women who have reached the limit of desire according to ‘urf (general opinion).

Meanwhile, what is meant by mahram is a woman who is forbidden to marry because there is a bond of nasab, radia’ (single breastfeeding) or a bond of mushaharah (marriage).

And the author’s saying “without a veil between them” is to exclude if there is a veil between them, in which case his wudoo’ is not invalidated, because of contact where there is a veil between them.

The fifth, and last, of the things that invalidate wudoo’ is touching one’s private parts with the inner palm of one’s hand, whether one’s own or someone else’s, whether one is male or female, whether one is a child or an adult, whether one is alive or dead.

As for the iafadz “son of Adam”, it is not mentioned in some of the texts.

Also not mentioned in some of the texts is the author’s phrase “and touching the anal roundabout of the son of Adam invalidates wudoo’ according to slang Jadid”.

According to the Qadim’, touching the roundness of the human anus does not invalidate wudoo’.

What is meant by the halgah is the place where the hole where the dirt comes out meets. And what is meant by the inner palm is the palm of the hand and the inner fingers of the hand. Excluded from the inner palms are the outer palms and the periphery of the hands, as well as the tips of the fingers and what is between the fingers.

So wudoo’ is not invalidated by touching these parts, i.e. after pressing lightly.

MUHIMMAT IN THE CHAPTER ON THINGS THAT INVALIDATE WUDLU’

1. Male & Female Genital Boundaries that May Invalidate Wudlu

The farji (cubicle) of a man (which can reverse wudoo’ when touched) is the entire trunk of his penis or the place where the penis is cut, not the place where hair grows, the two testicles and the place where the cubicle and dudur are located. The farji of a woman is the place where the two lips of her farji meet. That is, the two edges that surround the woman’s farji.

2. Undecided on whether or not to set her butt

If a person is certain that he is sleeping, but he is not sure whether he has wiped his buttocks or not, then he does not have to do wudoo’ again. Then he does not have to do wudoo’ again.

3. Mahram in the chapter of ablution.

What is meant by Mahrom in wudtu is someone who is forbidden to marry because of a relationship of nasab, breastfeeding, or mahrom because of family ties through marriage.

A person who is a mahram, whether he is a mahram by blood, breastfeeding, or is related by marriage, such as the wife’s mother, does not invalidate wudoo’, because there is no strong presumption that he can make heryah.

4. Age of a small child that invalidates ablution

Shaykhun Yusuf as-Sanbaliwini said: If a child is seven years old, then he can break wudoo’ according to the consensus of the scholars, whether he is a boy or a girl. If he is five years old, then he does not break wudoo’ according to the consensus of the scholars. With regard to a child who is six years old, there is a difference of opinion among the scholars.

5. Feeling fluid coming out of the penis, what is the ruling?

If a person always tries to produce fluid from his penis, then the ruling is specified. If the fluid comes out of his penis, then it is najis and invalidates wudoo’, otherwise it does not invalidate wudoo’ and the ruling is not najis, because there is some doubt.

6. Difference between Madness, Sleep, and Epilepsy

Junun (madness) is a sickness that deprives the heart of feeling and the limbs of strength and movement. Ighma’ (epilepsy) is a sickness that deprives the heart of feeling and is accompanied by bodily weakness. Sakrun (drunkenness) is an impairment of the mind accompanied by confusion and slurred speech. Naum (sleep) is the wind blowing from the brain to the heart and then covering the eyes. If the wind does not reach the heart, it is called drowsiness (the beginning of sleep) and does not invalidate wudoo’,

CHAPTER ON THINGS THAT MAKE GHUSL OBLIGATORY

(Fasal) explains the things that make ghusl obligatory.

As for the word “al-Ghuslu”, it means that water flows over something absolutely.

While the terminology of shara’a law is the flow of water throughout the body accompanied by certain intentions.

There are six things that make ghusl obligatory.

Three of them are experienced by both men and women, which is the meeting of the two genitals of a man and a woman.

The meeting of the genitals of a man and a woman is an expression of the process of entry – the head of the penis of a man who has a clear sex status or the level of the head of the penis of a man who has been cut off the head of the penis into the vagina.

And a woman whose vagina is entered by the head of the penis becomes junub.

As for the corpse of a woman who has been bathed, it does not need to be washed again, if her vagina is entered by the head of a man’s penis.

With regard to khuntsa musykil (transsexuals whose sex is not clear), it is not obligatory for them to do ghusl because they insert the head of the penis or the head of the penis into their vagina.

One of the things that men and women experience is the emission of semen for reasons other than insertion of the head of the penis. Even if the sperm that comes out is only a small amount, such as one drop, and even if it is the color of blood, and even if it comes out because of intercourse or otherwise, whether the man is awake or sleeping, whether he is in lust or not, whether it is from a normal route or not, such as a split back and the sperm comes out from there.

And one of the things that men experience is death, except for martyrdom. As for the three things that require ghusl that are specific to women – they are menstruation, which is blood that comes out of the vagina of a woman (in good health) who has reached the age of approximately nine years of gamariah.

And nifaas, which is blood that comes out after childbirth. So it is certain that nifaas makes ghusl obligatory (i.e. there is no difference of opinion among the Shaafa’is).

With regard to childbirth that is accompanied by wetness, ghusl is definitely obligatory. But childbirth that is not accompanied by wetness does require ghusl, according to the correct view.

MUHIMMAT IN THE CHAPTER ON THINGS THAT MAKE GHUSL OBLIGATORY

1. Caesarean section still requires bathing

If a woman gives birth from a place other than the vagina, such as a Caesarean section, then she has to do ghusl.

2. Women who gave birth to twins and women who miscarried

One of the things for which ghusl is obligatory is giving birth, even if it is one of twins, so she must do ghusl because she gave birth to one of the twins, and her ghusl is valid even if the other baby has not yet been born. If she gives birth to a second baby, then she has to do ghusl again. The ruling on giving birth in terms of the obligation to do ghusl is the miscarriage of a child.

3. Three Laws After Miscarriage

Conclusion: A clot of blood and a piece of flesh that comes out of a woman is like childbirth in three respects:

1) Breaking the fast on account of one of them.

2) Mandatory bathing.

3) And the blood that comes out after the discharge of the flesh and clots is called puerperal blood.

4. Sperm comes out again after showering

If the sperm from a woman’s intercourse comes out of her rectum after she has done ghusl, then she does not have to repeat her ghusl, unless she felt desire when she was penetrated. If she did not feel desire, such as if she was a young girl, or she had desire but did not feel it, such as if she had intercourse while she was asleep, then she does not have to repeat the ghusl.

CHAPTER ON THE OBLIGATIONS OF BATHING

(The fard of bathing is three things. –

One of them is the intention. So the one who is junub intends to remove … hadaths of jinnabah, remove major hadaths or other intentions. As for menstruating women and postpartum women, they should intend to remove the hadats of menstruation or the hadats of postpartum women. The intention must be made at the same time as the beginning of the fard, i.e. the beginning of the part of the body that is washed, whether it is the upper or lower part of the body.

So if he makes an intention after washing a part of the body, he must repeat washing that part of the body.

The second fardiu of ghusl is to remove the impurity if it is on the body, i.e. the body of the person doing ghusl.

This is the view that was favored by Imaam Rafi’i, and it is based on this view that one wash is not sufficient to remove both impurity and najis at the same time. Based on this opinion, one wash is not sufficient to remove both impurity and najis at the same time.

Imam An-Nawawi (may Allah have mercy on him) affirmed that one wash is sufficient to remove both impurity and najis.

What is meant by this opinion of Imam An-Nawawi is when the impurity on the body is hukmiyah impurity?

If it is najis ‘ainiyah’, then two washes are required to remove the najis and major impurity.

The third fard of ghusl is to pour water over the hair and skin of the body.

And in some of the wording of the book the matan is expressed in the language of “ushul (base)” instead of “jami’ (whole)”.

And there is no difference between the hair of the head and the hair other than the head, and there is no difference between thin and thick hair.

With regard to the hair on the head, if the water cannot reach the inside of the hair except by removing the head, then it is obligatory to remove the head. But what is meant by the skin is the outer skin.

And it is obligatory to wash the visible parts of the orifices of the two ears, the cut nose and the blemishes of the body.

It is obligatory to pass water under the foreskin of the one who has a foreskin (not yet circumcised). It is also obligatory to bring water to the part of the woman’s vagina that is visible when she is squatting to relieve herself.

And among the parts of the body that must be washed is the masrabah (the place where feces come out (Bol: Java). This is because it is visible when relieving oneself, so it is part of the external body.

MUHIMMAT IN THE CHAPTER ON THE OBLIGATIONS OF BATHING

1, The intention of the person who has incontinence (Silisil Mani)

It is obligatory for the one who always emits semen (Salitsil Mani) to intend Al-Istibahah (the intention that it will be permissible to pray), because intending to take a bath to remove wudoo’ or intending to take a bath to purify oneself from wudoo’ is not permissible.

2. It is permissible to do one bath with two intentions

If a person who is obliged to do ghusl for janaabah, menstruation or nifaas, or to do a voluntary ghusl on Friday, or to do ghusl in order to pray “led” with the intention of doing both, then both are valid.

3. Taking a big bath also removes minor impurity

If a person has minor impurity and is junub at the same time, then his ghusl is sufficient to remove both major and minor impurity, even if he did not intend to remove minor impurity.

4, Nose & Mouth Do Not Have to Be Washed When Bathing

The mouth and nose are part of the private parts (which do not have to be washed) when it comes to ghusl, breaking the fast and the like, not when it comes to impurity.

5. Bol that Comes Out During Junub Bathing

If a person suffers from bawasir (Javanese: Bol disease), then if his balls come out during ghusl, he does not have to wash his balls, but he only has to wash his excrement.

CHAPTER ON THE MUSTAHABBITIES OF BATHING

There are five things that are recommended for bathing.

1) reciting the basmalah. 2) perform a complete ablution before taking a ghusl.

The one who does ghusl intends “sunnah ghusl” at the time of wudoo’, if his jinnabah is not accompanied by minor impurity. If not, then he should intend to remove the minor impurity at the time of wudoo’.

And 3rd, rubbing the hands over the parts of the body that the hands can reach. And this is expressed in the language of “dalku” (rubbing the body). “1 And the fourth is muwalah (continuous). The meaning of muwalah has been explained in the chapter on “wudlu'”.

And 5th, prioritizing the right side of the body before washing the left side.

And there are still some other rituals of ghusl that are mentioned in the books of extensive information. Among them are repeating the washing three times and passing the water through the hair.

MUHIMMAT IN THE CHAPTER ON THE RITUALS OF BATHING

1. The Sunnah of Not Pushing Nails & Hair Before Bathing

It is mustahabb for a person who is obliged to do ghusl not to remove anything from his body, even if it is blood, hair or nails, because every part of the body will return in the Hereafter, meaning that if it is removed before ghusl, then his major impurity will return, as a reproach or ridicule to the person.

2. The Sunnah of washing the private parts and doing wudoo’ before going to sleep

It is mustahabb for the junub, menstruating woman and post-partum woman, after the blood has stopped, to wash their private parts and do wudoo’, because they want to sleep, eat and drink. It is makrooh to do these things without doing wudoo’.

3. Order is not a requirement in Mandi Jinabah

If a person is doing ghusl in jinaabah, and he sees that a part of his body is missing water, then he should wash the part of his body that is missing, because order is not required of the junub person.

4. The Most Perfect Bathing Procedure The perfect bathing procedure is,

1. Recite basmailah.
2. Gargle and sip water.
3. Removing impurities such as sperm from the body.
4. Do ablution.
5. Examining the folds of the body.
6. Pouring water over the head 3 times, each time pouring water with the accompaniment of interrupting the head hair and rubbing the body.
7. Pour water over the right half of the body at the front, then the back.
8. Pouring water over the left half of the body, the front and then the back.

Or in the following manner:

1. If a person pours water over his body once, strokes his head and rubs his body, then repeats it a second time, then repeats it a third time, then this practice of ghusl is complete.
2. If a person bathes his head once and strokes the hair on his head and rubs his body, then bathes the right half of his body in front, followed by the left half, then bathes the right half of his body and the left half in front, then the back half, repeated a second time, and repeated three times, then this practice of bathing is complete.
3. If a person dives into the water three times, each time accompanied by stroking the hair on the head and rubbing the body, then this practice of bathing still has the perfection of bathing. However, after each dive, he must remove the soles of his feet from their places, so that the three washes reach his inner parts.

Of the many perfect bathing procedures, it is the first that is considered the most important”.

CHAPTER ON THE SUNNAH BATHS

(There are seventeen types of baths that are recommended.

1) Jumu’ah bath for those who want to attend it. And the time starts from the dawn of shadig.

The second and third ghusl is for the two festivals, Eid al-Fitr and Eid al-Adiha. This ghusl begins in the middle of the night.

4th) the istisga’ prayer bath, which is asking for rain from Allah.

5th and 6th) take a bath because they want to pray for the lunar eclipse and solar eclipse.

And 7th) bathing because of bathing the corpse of a Muslim or disbeliever.

And 8) the bath of a disbeliever when he enters Islam if he was not junub during his period of disbelief. Or a disbelieving woman who did not menstruate during her disbelief. If he became junub or menstruated during his kufr, then it is obligatory for both of them to do ghusl after entering Islam, according to the correct view. But according to another view, the obligation to do ghusl is waived upon conversion to Islam.

The ninth and tenth are bathing the insane or the prostitute when they have recovered and it is not certain that they both ejaculated when they had not recovered. If it is certain that they both ejaculated sperm while they were still recovering, then it is obligatory for both of them to do ghusl.

The eleventh is to do ghusl when entering ihram. There is no difference in this ghusl between a person who has reached puberty and a child who has not reached puberty, between a madman and a person who is of sound mind, or between a chaste person and a menstruating woman. If the person in ihram cannot find water, then it is Sunnah to perform tayammum.

12) ghusl for entering Makkah for those who are in ihram for Hajj or ‘Umrah.

The thirteenth ghusl is due to wukuf in ‘Arafah on the ninth of Dhul Hijjah.

The 14th and 15th are ghusl for spending the night in Muzdalifah, and for stoning the first, second and third Jamaraat on the three days of Dhu’l-Hijjah (the 11th, 12th and 13th of Dhu’l-Hijjah). It is mustahabb to do ghusl for stoning the Jamaraat on each of the three days.

With regard to stoning the Jamaraat of Agabah on the day of Nahar (the day of sacrifice), it is not mustahabb to do ghusl for that, because it is too close to the ghusl for wukuf.

And 16th) ghusl for performing tawaaf which includes tawaaf Gudum, Ifadlah and Wada’,

As for the remainder of the recommended ghusl, it has been explained in books that are lengthy.

MUHIMMAT IN THE CHAPTER ON SUNNAH BATHING

1. Is it Sunnah to do ghusl as well as ablution?

In an obligatory ghusl it is mustahabb to do wudoo’ first, but does this also apply to a voluntary ghusl? The answer is that it is also mustahabb to do wudoo’ for voluntary ghusl, because the procedure for obligatory and voluntary ghusl is the same.

2. Sunnah Bathing is as Practical as Compulsory Bathing

Does a voluntary bath, such as the Friday bath, require washing all the limbs like an obligatory bath, then the answer is: Yes.

CHAPTER WIPING THE MUZAH

(As for wiping over two muzah shoes, it is permissible in wudoo’, not in obligatory or naafil ghusl, and not in removing impurity.

So if a person is junub or his feet are bleeding, and he wants to wipe over the muzah instead of washing his feet, this is not permissible; rather he must wash his feet.

The author’s words, “it is permissible”, indicate that washing the feet is preferable to wiping the muzah shoes.

And wiping over the muzah shoes is only permissible if one wipes over both of them and not just one of them, unless he has only one foot. With three conditions, namely 1) starting to put them on after complete purification.

So if he washes one foot and wears muzah shoes on that foot, then does the same on the other foot, that is not sufficient.

If he starts putting on the muzah shoes after he has become pure, but then he breaks his wudoo’ before his feet reach the bottom of the muzah, then it is not permissible to wipe over them.

The second condition is that the muzah covers the area that must be washed, which is from the soles of the feet to the ankles.

So, if the shoes do not cover the ankles, such as slippers or sandals, it is not sufficient to wipe over them.

And what is meant by “satyr” in this chapter is a barrier, not something that prevents vision.

And the presence of satyrs is the bottom and some of the sides of the two muzas, not the top.

And 3) the muzah shoes must be made of something that can be used to walk up and down for a traveler to fulfill his needs.

From the author’s words above, it can be understood that the two shoes of the muzah must be strong enough to prevent water from entering.

It is also required that both must be pure.

If he wears layers of moccasins, because it is too cold, for example, then if the outer moccasins are suitable for wiping, and not the lower moccasins, then it is valid to wipe over the outer moccasins.

If he wipes over the inner muzah and not the outer muzah, then he wipes over the inner muzah, then the ruling is valid.

Or he wiped over the upper muzah, but then the water got wet and reached the inner muzah, then the ruling is valid if he intended to wipe over the inner one or over both, and it is not valid if he intended to wipe over the outer muzah only.

If he does not intend to wipe over one of them, rather he intends to wipe over all of them, then that is sufficient according to the view of al Ashah. And for the one who is not traveling, it is permissible to wipe for one day and one night.

For the traveler, it is permissible to wipe over the muzah for three days and three nights consecutively, whether the night comes first or last.

With regard to the beginning of the period for wiping over the muzah, it starts from the time when he breaks his wudoo’, i.e. from the time when he breaks his wudoo’ after he has put on the two muzahs.

And for the one who commits sin by traveling and the one who wanders aimlessly, it is permissible to wipe over the muzah like the wiping of the mugim, that is, one day and one night.

With regard to the one who always has had wudoo’ (daimul hadath), if he has another hadath in addition to the one that is always there, after putting on the muzah and before performing the obligatory prayers, then he may wipe over the muzah and do the things that he would have been allowed to do if the purity of the muzah was still there, namely the obligatory prayers and some Sunnah prayers.

So, if he had done the obligatory acts of worship before he broke his wudoo’, then he is allowed to wipe over the muzah and do only the Sunnah acts.

If a person wiped over the muzah while he was at home and then traveled, or wiped over the muzah while traveling and then became mugim before the day and night had passed, then he may complete the period of wiping for the mugim, which is a day and night.

What is obligatory when wiping the muza is to do something that is properly called wiping, if it is done on the outside of the muza. It is not sufficient to wipe the inside, the foot of the muza, its edges and its bottom. What is Sunnah in wiping over the muzah is to wipe over it in a striped position, with the image of the one wiping over the muzah stretching it between his fingers, and not gathering them together.

Wiping over two muzahs is invalid for three reasons. 1) removing both of them, or removing one of them, or removing it on its own, or the muzah has gone beyond the point of being wiped over, such as a tear. – And 2) the expiry of the period for wiping over the muzah. In some of the texts it is stated that the wiping period has ended, which is one day and one night for the mugim, and three days and nights for the traveler.

3) a new cause of something that makes ghusl obligatory, such as jinnabah, menstruation, or nifaas for those who wear muzah.

MUHIMMAT IN THE CHAPTER ON WIPING THE MUZAH

Wearing Muzah shoes over a Bandage 

If a person wears a muzah over a bandage, then the correct view is that it is not permissible to wipe over the muzah, because it is worn over the thing to be wiped, so it is not sufficient to wipe over the muzah, like wiping over a turban instead of wiping over the head.

CHAPTER TAYAMMUM

(Fasal) explains about tayammum.

And in some of the texts, this chapter takes precedence over the previous chapter.

The etymology of tayammum is to aim. Meanwhile, in terms of sharia law terminology, it is conveying clean, purifying dust on the face and hands as a substitute for wudlu’, bathing or washing the limbs with certain criteria.

The conditions of tayammum are five. Some texts use the language “khamsu khishalin (five things)”.

One of them is that there is a hindrance due to traveling or illness.

 And the second is that the time for prayer has come. So it is not valid to do tayammun for prayer before the time has come.

The third is to look for water after the time for prayer, either himself or someone else who has been given permission. So he should look for water in his place and that of his companions.

If he is alone, then it is sufficient to look to his right and left from all four directions, if he is on level ground.

If he is in a place with ups and downs, then he should move around to where his eyes can see.

And the fourth is difficulty using water.

With the idea of using water, he fears the loss of life or limb function.

An excuse is if there is water nearby, but “if he takes it, he fears harm to himself from wild animals or enemies, or fears that his property will be taken by thieves or those who gharab.

And in some of the wording of the matan, right in this condition, there is an addition – after the condition of difficulty in using water, which is to need water after obtaining it.

And the fifth is holy dust, meaning dust that is pure and purifying and that is not wet.

The holy dust includes the dust of ghasab and the dust of graves that were not dug.

And in some redactions of the matan, there is an addition to this condition, namely dust that has ghubar (Bleduk, Javanese). So, if the dust is mixed with limestone or sand, it is not allowed. This is in accordance with the opinion of Imam An-Nawawi in Syarh Muhadzdzab and at Tashhih.

But in the books ar Raudlah and al Fatawa, he allows it.

It is also valid to do tayammum with sand that has ghubar in it. 

With the author’s expression “dust”, it excludes other than dust such as limestone and tile crumbs.

Excluded from pure dust is unclean dust.

As for dust musta’mal, it is not valid for tayammum.

The obligatory parts of tayammum are four. One of them is the intention. In some of the wording of the book of rmnmatan, it uses the language “four works, namely the fardlu intention”.

If the one who does tayammum intends both fard and sunnah, then it is permissible for him to do both.

Or the intention is fard only, then in addition to being allowed to perform fard acts of worship, he is also allowed to perform voluntary acts of worship and funeral prayers. Or the intention is to perform only voluntary acts of worship, so he is not allowed to perform the fard acts of worship at the same time as the voluntary acts of worship, and neither is he allowed to perform only the voluntary acts of prayer.

It is obligatory to intend tayammum at the same time as transferring the dust to the face and hands, and to continue the intention until wiping part of the face.

If he breaks his wudoo’ after moving the dust, it is not permissible for him to wipe over it, rather he should move to another place.

The second and third pillars are wiping the face and wiping the hands and elbows.

And in some of the redactions of the matan, the language “up to the elbows” is used.

And wipe the face & both hands with two strokes on the dust.

If he puts his hand on soft dust and the dust “sticks” to his hand without striking it, that is sufficient.

The fourth pillar is order. It is obligatory to wipe the face first before wiping the hands, whether one is performing tayammum for minor or major impurity.

If he leaves the order, then his tayammum is not valid.

As for taking dust to wipe the face and hands, it is not stipulated that it be done in an orderly manner.

If he strikes his hand on the dust once and wipes his face with his right hand, and wipes his right hand with his left hand, that is permissible. The musts of tayammum are three. And in some of the wording of the texts, the language “three khishal” is used.

1) recite the basmalah, 2) put the right side of the hands before the left side of the hands, and put the upper face before the lower face.

And 3) muwalah. The meaning of muwalah has been explained in the chapter on wudoo’.

And there are still some other Sunnahs of tayammum that are mentioned in the books that have been extended.

Among them is the Sunnah of removing the ring: the one who does tayammum when hitting the first dust. As for the second stroke, it is obligatory to remove the ring.

There are three things that invalidate tayammum.

One of them is anything that invalidates wudoo’. This was explained in the chapter on the causes of wudoo’.

Therefore, if a person performs tayammum and then breaks his wudoo’, his tayammum is invalid.

The second is seeing water at other than prayer times. And in some of the wording of the book of moton using the language “the form of water”.

Therefore, if a person does tayammum because there is no water, then he sees or thinks that there is water before praying, his tayammum is invalid.

So, if he sees water while praying, and his prayer is one of the prayers for which tayammum is not waived, but it is still obligatory to make up the prayers like the prayers of a mugim, then his prayer is immediately invalidated.

Or including prayers that have been canceled by tayammum, for example. the prayer of a person who is traveling, then his prayer is not canceled, whether the prayer is fard or sunnah.

If a person does tayammum because of sickness or something else, then he sees water, then seeing water does not affect anything, rather his tayammum is valid.

And the third is apostasy. That is, breaking (leaving) from the religion of Islam.

If a person is prevented by sharee’ah from using water on his limbs, then if there is no covering over them, then he is obliged to do tayammum and wash his healthy limbs, and there is no need for an orderly sequence between the two (tayammum and washing the healthy limbs) for the one who is junub.

As for the one who has minor impurity, he may do tayammum when it is time to wash the affected part.

If there is an obstruction (satir) in the sick member, then the ruling is explained in the author’s words below.

As for the one who wears jaba’ir (bandages), jaba’ir is the jama’form of the word jabirah, which is some wooden or bamboo planks that are attached and tied to the wounded or cracked limb so that it can heal, so he must wipe the bandages with water if it is not possible to remove them for fear of the harm that has preceded them.

Explanation.

The one who is wearing the bandage should perform tayammum on his face and hands, as stated above.

He has to pray, and he does not have to repeat the prayer, once he has recovered, if he puts the bandage on in a state of purity and puts it on something other than the limbs of tayammum.

But if that is not the case, then he must repeat the prayer when he recovers. This is the view given by Imaam An-Nawawi in his book ar Raudlah.

But in al-Majmu’ he says that the majority of scholars are of the view that there is no difference between the position of the bandage on the limb for tayammum and anything else.

And the bandage must not cover the healthy limbs, except for the healthy limbs that need to be covered in order to strengthen the bandage. 

As for lushug, ishabah, murham, and the like, which are found in wounds, their rulings are the same as those of jabirah.

A person must perform tayammum when he wants to perform one of the obligatory acts of worship and a vow. So he is not allowed to perform two fard prayers, – two tawaaf, prayer and tawaaf, Friday prayer and his khutbah with only one tayammum.

And when a woman performs tayammum in order to serve her husband, it is permissible for her to perform the service repeatedly and pray with the tayammum.

With regard to the author’s statement that “with one tayammum, a person may perform whatever voluntary acts of worship he wishes”, this is not mentioned in some of the texts.

MUHIMMAT IN THE CHAPTER ON TAYAMMUM

1. The person to be relied upon in Tayammum

The permissibility of tayammum is to rely on a person with a fair narration (“adlu fi ar-riwayah), who is an adult (balig), of sound mind, who has not committed a major sin, and who does not frequently commit minor sins.

2. Standard for Diseases that Take a Long Time to Heal

Imam al-Barmawi said: The standard for the length of the recovery that makes tayammum permissible is: The length of recovery that is sufficient for prayer, or the time for evening prayer.

3. Dust Anywhere Can Be Made Tayammum

What is meant by At-Turdb is anything that can be wiped with dust, regardless of its shape or color, and regardless of where it is taken from. Such as dust on clothes, mats, walls, wheat kernels, or on white wheat kernels.

4. Unsure whether the disease is dangerous or not?

If a person is sick and he is unsure whether the water will harm him or not, is it permissible for him to do tayammum? According to Imaam Ibn Hajar, it is permissible for him to do tayammum. But according to Imam Ar-Romli, it is not permissible for him to do tayammum, and he should seek the opinion of a qualified doctor.

5. Many People Do Tayammum in One Place

Ashabuna (Shaafa’is) said: It is permissible for some people to do tayammum in one place, just as it is permissible for them to do wudoo’ using water that is in one vessel.

6. Twenty-seven Differences between Tayammum & Wudhu

Tayammum is not the same as wudoo’ in twenty-seven respects. Among other things, it is not mustahabb to renew Tayammum, it is not mustahabb to multiply the strokes of Tayammum, and it is even disliked.

7. Dust Mixed with Musta’mal Water

If the dust that is used for tayammum is mixed with musta’mal water, and the dust is dry, then it may be used for tayammum.

CHAPTER NAJIS

(Fasal) explains uncleanliness and how to remove it.

In some redactions of the matan, it is mentioned before “The Book of Prayers”. Najis is etymologically something that is considered disgusting. And in terms of shara’ law, it is any object that is absolutely forbidden to consume under normal circumstances and is easy to distinguish, not because of its glory, and not because it is disgusting and not because it is harmful to the body or mind. The language “absolutely” includes both minor and major impurities.

The language “under normal circumstances” excludes emergencies. Because, in fact, emergencies make it permissible to consume unclean things.

The language “easily separated” excludes eating dead caterpillars in cheese, fruit and the like.

With the author’s expression “not because of his glory” excluding the corpse of the son of Adam.

The statement “not because it is disgusting” excludes sperm and the like.

The language “not for harm” excludes stones and plants that are harmful to the body or mind.

This means that all of the exempted items are items that are forbidden to use not because they are unclean but because of the things mentioned.

Then the author mentioned the limits of impurity that comes out of the genitals (front passage) and anus (back passage) with his words:

Any liquid matter that comes out of the two passages (genitals and anus) is unclean. This includes things that are commonly emitted such as urine and feces or poop, and things that are rarely emitted such as blood and pus.

Except the sperm of the son of Adam or animals other than dogs, pigs and mammals… both or either of which are the result of mating with a pure animal.

By “liquid matter”, we exclude caterpillars and any solid matter that cannot be changed by the reaction of the digestive process of food, so it is not unclean, but rather unclean matter that can be purified by washing.

In some of the texts, it is expressed in the language of “every thing that comes out” by using the word fi’il mudlari’ and omitting the word “ma’i” (liquid).

Washing all types of urine and feces, even if they are from animals whose meat is lawful to eat, is obligatory.

As for the procedure for washing najis if it is visible to the eye and this is called “najis ainiyah” is to remove the object and remove its characteristics, whether taste, color, or smell.

If the taste of impurity remains, then it is dangerous. Or what remains is a color or smell that is difficult to remove, then there is no problem.

If the impurity is not visible to the eye and this is called “hukmiyah impurity”, then it is sufficient to run water over the place where the impurity is, even if it is only one stream of water.

Then with the language “the kind of urine”, the author excludes the words “except the urine of a little boy who has not eaten” food, meaning that he has not consumed food and drink for strengthening the body. This boy’s urine can be purified by simply sprinkling water on it.

In sprinkling water, it is not required that it should flow.

If the young boy has eaten food for strengthening the body, then his urine must be washed with certainty (there is no difference of opinion among the Shaafa’is).

With the language “boys”, excluding little girls and huntsa (transvestites), the urine of both must be washed.

When washing an unclean item, it is stipulated that the water should be brought to the item if the water is small (less than two gullahs). If it is reversed, then the item is not pure, whereas if the water is much (reaching two gullahs), then there is no difference between the unclean item coming or being visited by water.

There is no impurity that is forgiven except blood and a little pus. So they are forgiven on the clothes and the body, and the prayer is valid even with them.

With the exception of the carcasses of animals that do not have flowing blood, such as flies and ants, when they enter a container of water and die there. Then indeed the carcass of that animal does not defile the container of water into which it enters.

In some redactions of the text, the language “when dead in the container” is used.

The author’s words “fell on its own” indicate that if the carcass of an animal that does not have flowing blood is put into a liquid, it will be ‘dangerous’ (defiled). Imam ar-Rafi’i confirmed this opinion in Sharh ash Shaghir, but he did not mention this issue in Sharh al Kabir.

And when the carcasses of animals that do not have flowing blood are numerous and change the nature of the liquid they enter, then they defile the liquid.

If the carcass comes out of a liquid, such as vinegar or fruit, then it does not necessarily defile the liquid (there is no difference of opinion among the Shaafa’is).

In addition to what has been explained by the author, there are still some excluded issues mentioned in the books that have been expanded upon, some of which have been explained in “The Book of Thaharah”.

All animals are sacred except dogs, pigs, and the offspring of either or both of these animals.

The author’s statement covers the purity of the worm that comes out of the unclean, and “this is the ruling.

All carcasses are unclean except the carcasses of fish, locusts and the son of Adam. In some of the wording of the matan it is stated: with “ibn Adam”, meaning that the carcass of each fish, locust and human is pure. “Containers that have been exposed to the saliva of dogs or pigs must be washed seven times with purified water, one of which is mixed with more purified dust that is evenly distributed throughout the place that is unclean.

If the unclean item is washed with murky running water, it is sufficient to run the water seven times without mixing it with dust.

 If the dog’s impurity has not been removed except with six washings of the same kind, then all the washings count as one washing.

It is not obligatory to dust the soil – which is affected by this impurity – when washing it according to the slang al ashah.

For other impurities, it is sufficient to wash once, flowing over the impurity. Some texts use the language “marratan (once)”. Three times (ats tsalatsu) washing is preferable. Some of the texts use the words “ats tsalatsatu” with ta’ at the end.

It should be noted that the water used to wash away the impurity after purifying the place where it was washed is pure, if it separates from the place where it was washed, unchanged, and does not increase in size from its previous size after calculating the amount of water absorbed – by the place where it was washed.

This is if the water used for washing does not reach two gullahs. If it reaches two gullahs, then the condition is that it does not change. After the author finished explaining the impurities that are purified by washing, he went on to explain the impurities that are purified by istihalah, which is the change of something from one characteristic to another. He said,

When wine becomes vinegar by itself, it is pure. Wine is a drink made from grape juice. Whether the wine is glorified (it was not intentionally made into wine) or not. The meaning of takhallalat is that wine becomes vinegar.

The same applies if wine turns into vinegar when it is moved from a place in the sun to a place in the shade and vice versa.

If wine does not turn into vinegar on its own, rather it becomes vinegar by putting something into it, then it is not pure.

When wine becomes pure, then the container also becomes pure because it follows the wine.

MUHIMMAT IN THE CHAPTER ON IMPURITY

1. The Custom of Washing Mutanajjis with Soap

(Issue): If some impurity is removed with the help of soap, and the smell of the soap remains, then there are two opinions:

1) According to imam at-Thabala’wi: it is regarded as pure.

2) According to Imam Ramli: it is not pure until the foam becomes clear.

2. Mosquito Blood on Wet Body

There is still debate among the scholars about one case in which a person wears a garment that has mosquito blood on it, while his body is still wet. Al-Mutawalii said that it is permissible. Abu ‘Ali’s view is that it is not permissible.

3. The Iler of the Sleeper

Saliva that comes out of the mouth of a sleeping person is pure. Unless the saliva comes from the stomach, which has a foul smell and yellowish color, then it is najis, but it is permissible if it comes from a person who normally salivates.

4. The ruling on the blood of acne is the same as the blood of mosquitoes

Pimple blood, pus and pus mixed with blood come under the same ruling as mosquito blood, and it is forgiven, whether the blood is a little or a lot, according to the view of the goul ashoh.

5. Ruling on Perfume & Alcoholic Medicines

Unclean liquids that are tolerated are those that are mixed in medicines and perfumes. These liquids are tolerated according to the amount needed.

6. Actions of a person who sees uncleanliness on his friend’s clothes

If we notice impurity on someone else’s clothes and he does not know about it, we must tell him.

7. The Wrong Way to Manage Dried Fish

Any fish that is sprinkled with salt, but the feces in its stomach has not been removed, is unclean.

8. Holy Gudiken Liquid

Scar fluid is pure like sweat, so long as it does not change its odor. But if it changes its odor, it is unclean. The same applies to blisters (watery bumps), which are pure as long as the smell does not change.

CHAPTER ON HAIDL, NIFAS AND ISTIHADLAH

 (Fasal) explains the rulings on menses, nifaas and istihadlah.

There are three kinds of blood that come out of a woman’s vagina: menstruation, postpartum bleeding and istihadlah.

Haidl is the blood that comes out of a woman’s vagina at the age of haidl, which is nine years of age and above, in good health, i.e. not because of illness but because of natural habit, and not because of childbirth.

The author’s words “and it is black, hot and painful” are not found in most texts.

In the book of as-Sahahah it says: “The blood is very hot, it is very red, so it is black, and the fire burns it, so it burns it”.

Nifas is the blood that comes out of a woman’s vagina after giving birth.

So blood that comes out at the same time as the baby or before, is not called puerperal blood.

The addition of the letter ya’ in the phrase “agibin” is a form of language that is less applicable, while more common is to remove the letter ya’.

Istihadiah, which is istihadlah blood, is blood that comes out of a woman’s vagina on days other than the days of menstruation and postpartum bleeding, not when she is in good health.

As for the minimum period of haidl, it is one day and one night, which means that a day and one night is twenty-four hours in length, and it is not necessary that the blood comes out in a heavy stream in the haild. 

The maximum period of menstruation is fifteen days and fifteen nights.

If the blood comes out beyond this period, it is called istihadlah blood.

As for the general period of menstrual blood that often occurs, it is six or seven days. The tendency in this case is research (from Imam Shafi’i).

The minimum period of nifaas is : lahdhah (a short time). What is meant by lahdhah is a short time. The beginning of the postpartum period is from the time when the baby’s whole body comes out.

The maximum period of nifaas is sixty days. And the normal one is forty days. It is also the research (of the Imam?) that is to be relied upon.” Shafi’l.

The minimum period of purity between two periods is fifteen days.

By saying “the period of separation between the two menses”, the author excludes the period of separation between menses and nifaas, whereas we (the Shaafa’is) are of the view that a pregnant woman can have menstrual bleeding. This is because the period of purity that separates menses and postpartum bleeding may be less than fifteen days.

And there is no maximum period of purity. Because sometimes there is a woman who has never had a period in her entire life.

As for the general period of chastity, it corresponds to the general period of menstruation. If her period is usually six days, then her period of purity is twenty-four days. Or if her period is usually seven days, then her purification period is thirteen days.

The minimum age at which a woman can menstruate is nine hijri years or gomariyah. In some of the wording of the matan the language “al jariyah” (young woman) is used.

Based on that, if a woman sees bleeding before the age of nine with a gap between the minimum period of purity and the minimum period of haidl (nine years and 16 days or less), then this blood is haidl. Otherwise, it is not haidl blood.

As for the minimum period of pregnancy, it is six months over lahdhatain (two short periods) … that is, the time for intercourse and childbirth. The maximum period of pregnancy is four years. The usual period of pregnancy is nine months. The tendency in this case is the empirical reality.

There are eight things that are forbidden because of menstruation and postpartum bleeding. In some of the wording of the text, it says “there are eight things that are forbidden for menstruating women”.

One of them is fardlu or sunnah prayers. Likewise, prostration of recitation and prostration of gratitude.

The second is fasting, either fard or sunnah fasting. The third is reading the Qur’an. And the fourth is holding the Qur’an. Mushaf is the name for something that has the words of Allah Swt written between the two covers of the Qur’an. And it is forbidden to carry the Mushaf unless a woman fears for the Mushaf (from drowning, burning, exposure to impurities, and falling into the hands of disbelievers).

The fifth is for a menstruating woman to enter the mosque if she fears that her blood may stain the mosque.

The sixth is tawaaf, either fardiu or sunnah tawaaf.

The seventh is having biological intercourse. For the one who had intercourse at a time when the bleeding was heavy, it is mustahabb to give one dinar (4.25 grams of gold) in charity. For the one who had intercourse at a time when the bleeding was not heavy, it is mustahabb to give half a dinar (2 1/2 grams of gold) in charity.

The eighth is having pleasure with a menstruating woman’s private parts between the navel and the knees.

So it is not haraam to have pleasure on the navel and knees, and on the limbs that are above the navel and knees, according to the preferred view in Syarh al Muhadzdzab.

Then the author explains what should have been explained in the previous chapter, namely the chapter on “things that make ghusl obligatory”.

He said, “There are five things that are forbidden to a junub person”.

One of them is fardlu or sunnah prayers.

The second is the recitation of the Qur’an, which is not erased, whether it is one verse or one letter, whether it is recited slowly or loudly.

Excluded from the Qur’an are the Torah and Injil.

As for the dhikr contained in the Qur’an, it is permissible to recite it not for the purpose of reciting the Qur’an.

The third is touching the Mushaf, especially carrying it.

The fourth is tawaaf, either obligatory or recommended.

The fifth is staying in the mosque for the Muslim who is junub.

Unless it is an emergency, such as a person who has had a wet dream and has ejaculated in the mosque, and it is difficult for him to leave the mosque because he fears for himself or his wealth.

With regard to passing by the mosque without remaining silent, this is not haraam, and it is not makrooh for a junub person, according to the view of al-Shaafa.

As for pacing in the mosque for someone who is junub, the ruling is the same as staying in the mosque, which is haraam. Excluded from the mosque are madrasas and Islamic boarding schools.

Then the author also gave a follow-up explanation of the rulings on major impurity to the rulings on minor impurity. He said that it is haraam for the one who has minor impurity to do three things.

1) prayer, 2) towaf, 3) holding and carrying the Mushaf.

It is also haraam to hold and carry pouches and chests in which the Mushaf is found.

It is permissible to carry the Mushaf and other items, as well as commentaries that are more numerous than the Qur’an, and the Qur’an in dinars, dirhams and rings with the Qur’an engraved on them.

A tamyis child who has had wudoo’ is not prohibited from touching the Mushaf and the board for the purpose of reciting and learning the Qur’an.

MUHIMMAT IN THE CHAPTER ON MENSTRUATION, POSTPARTUM BLEEDING AND ISTIHADLAH

1. Ruling on learning the science of menses for women

It is obligatory for a woman to learn the necessary knowledge of the rulings on menstruation, istihadloh and nifaas.

2. It is makrooh to take medicine to prevent menstrual bleeding

(If a woman takes medicine to prevent menstruation or to lessen it, then the ruling is makrooh so long as it does not cause the loss of offspring or lessen it, but if it results in that, then it is haraam.

3. Istihaadah blood stops during prayer

If a woman has istihaadah (irregular bleeding) while praying, then the bleeding stops, there are two opinions concerning that:

1) Ruling that the prayer is not invalidated is analogous to the one who performs tayammum, meaning that when the one who performs tayammum sees water while praying, his prayer is not invalidated.

2) Ruling that his prayer is invalid because he has the obligation to purify himself from impurity and najis, but he did not do so, even though he was able to do so,

4. Haram Restrictions on Silence in the Mosque

Imam Ibn Hajar said: Whether the limit of muktsu is the same as muktsu in beri’tikaaf, which is more than the amount of time for tuma’ninah, or the minimum amount of time that can produce tuma’ninah, because muktsu is more severe, is all possible. But the second ruling is more likely to be correct.

5. The Haidl Carrying the Book of Figh

If a person who is in a state of impurity or janaabah, or a woman in need, touches or carries a book from the books of Fiqh or other sciences, and the verse of al-Guran is written on it, then according to the sound madhhab, it is permissible.

6. How a menstruating woman can avoid the prohibition of reciting al-Guran

With regard to those who are in a state of major impurity (menstruating women), if they intend to recite the Qur’an only, or for other purposes, such as dhikr and the like, then it is haraam for them to do so. If the intention is only to make dhikr, or to make du’a, or to seek blessings, or to memorize, or without any other intention, then it is not haraam.

7. Mustahadhah has the same ruling as one who urinates.

Istihadloh (diseased blood) comes under the same ruling as beserer, so she is not prohibited from doing the activities that a menstruating woman is not allowed to do. So the istihadloh woman is obliged to purify her farjas, plug and bandage them in accordance with the conditions (which have been determined).

8. Haidh woman not prohibited from cooking, washing clothes DII.

It is not haraam for a menstruating woman to go to someone who is dying. It is also not haraam for her to touch something that is being cooked or anything else, and to cook it, and to wash her clothes.

9. Reasons for the prohibition of having intercourse with one’s wife before taking a bath

Imam Al-Ghozdli has said that having intercourse with a woman before taking a ghusl can cause leprosy in her child. And according to another opinion, on the one who collects them as well.

10. Taking medicine to get your period

If a woman takes medicine and then has bleeding, then she does not have to offer the prayer at all, and the same applies if she has postpartum bleeding.

11. Advice Not to Cut Nails & Hair

If a person is obliged to do ghusl, then it is mustahabb for him not to remove anything from his body, even blood, hair or nails, until he does ghusl, because all parts of a person will return to him in the Hereafter. 

A BOOK ON THE RULINGS OF PRAYER

Etymologically prayer is prayer. And in terms of the termonology of shara’ law, as conveyed by imam ar Rafi’i, are the words and works that begin with takbir and end with salam with certain conditions.

The required prayers are five. And in some of the wording of the matan book uses the language “prayers that are required”.

Each of these prayers is obligatory because it comes at the beginning of the time with an obligation that is extended (does not have to be done immediately) until there is only enough time left to do it, then the time becomes narrow (must be done immediately).

1) Dhuhr prayer. Imam an Nawawi said, “This prayer is called Dhuhr because it is clearly visible in the middle of the day.”

As for the beginning of the Dhuhr prayer time, it is the time of slipping, meaning the shift of the sun from the midline of the sky to the equator, not seen in reality, but in what is visible to us.

The shift can be known by the shift of the shadow towards the east after its position right in the middle, which is the peak of the sun’s high position. Meanwhile, the final limit of Dhuhr prayer time is when the shadow of each object is the same size as the object without including the shadows that appear at zawa!

Dhil in language is cover, you say, “I am under Julan’s dhilnya”, meaning his protection.

Shadows do not mean the absence of sunlight as is misunderstood, but shadows are matters of existence created by Allah Swt for the benefit of the body and others.

And 2) Asr, the ‘Asr prayer. It is called – with Asr prayer, because it is performed close to the time of sunset.

As for the beginning of the time, it is from the increase of the shadow from the size of the object. The ‘Asr prayer has five times. One of them is the fadlilah time, which is praying at the beginning of the time.

The second is the time of ikhtiyar. This is the time that the author indicates by saying that the end of ‘Asr in the time of ‘Ikhtiyar’ is until the size of the shadow doubles the size of the object.

The third is jawaz time. It is the time that the author indicates with his words, and it is within the time of jawaz until the setting of the sun,

The fourth is the time of Jawaz without the makrooh ruling. This is from the time when the size of the shadow is twice the size of the object until the time of ishfirar (dimly lit). The fifth is the time of tahrim (haram). That is, delaying the prayer until the remaining time is not enough to perform the prayer. And Maghrib, which is the Maghrib prayer. It is called the Maghrib prayer because it is done at sunset.

The time for Maghrib prayer is only one. It is the setting of the sun, meaning the setting of the entire round of the sun and it doesn’t matter that its rays are still visible afterwards, with approximately enough time for one to make the adhan, wudlu’ or tayammum, cover the ‘awrah, igomah prayer and five rak’ahs of prayer (3 rak’ahs of fard prayer and 2 rak’ahs of voluntary prayer ba’diyah maghrib).

As for the author’s saying “. ” is not mentioned in some of the texts. When the above period of time has expired, then the time for Maghrib has come. This is the view of the Qaul Jadid. The view of Qaul Oadim, favored by Imam An-Nawawi, is that the time for Maghrib prayer extends until the setting of the red sun.

And the ‘Isha’ prayer. The word ‘Isha’ with the kasroh in the ‘ain is the name for the beginning of the evening. This prayer is called by this name because it is offered at the beginning of the evening.

The beginning of the time of ‘Isha’ is when the red sun sets.

As for the countries where the sun does not set, the time of ‘Isha’ for their people is when after the sun has set, it is past the time of the setting of the red sun of the country closest to them….

And the ‘Isha’ prayer has two times. One of them is the time of ikhtiyar, and is hinted at by the author by saying, “The end of the time of ikhtiyar for the ‘Isha’ prayer is” extending to the first third of the night.

The second is the time of jawaz. And the author hints at this time by saying, “and in the time of jawaz until the rising of the second dawn, which is the dawn of Shodig, which is the dawn that spreads and, stretches its rays in the sky.

With regard to the dawn of Kadzib, it rises before the dawn of Shodig, does not spread out but extends up into the sky, then disappears and is followed by the darkness of night. There is no ruling concerning this dawn.

Shaykh Abu Hamid explained that the ‘Isha’ prayer has a Karahah (makrooh) time, which is the time between two dawns.

And Fajr, which is the Fajr prayer. In language, Fajr means the beginning of the day (morning). It is called so because it is done at the beginning of the day (morning).

Like the Asr prayer, the Fajr prayer also has five times. One of them is its fadlilah time. Namely the beginning of time.

The second is the time of ikhtiyar. The author explains it in the words of the Prophet (may Allah’s peace and blessings be upon him): “The beginning of the time of the Fajr prayer is from the rising of the second dawn, and the end of the time of endeavor is until isfar, i.e., the time of light.

The third is the time of jawaz. The author refers to it by saying: “And in the time of jawaz, which means that it is accompanied by a makrooh ruling, is until sunrise.

And the fourth is the time of jawaz without the makrooh ruling is until the red mega rises.

And the fifth is tahrim (forbidden) time, which means delaying the prayer until there is not enough time left to perform the prayer.

MUHIMMAT IN THE BOOK OF RULINGS & PRAYER TIMES

1. Making up the prayers of a deceased person

(If a person dies while owing a prayer, he does not have to make it up and does not have to offer a fidyah. Ibn Burhan narrated from Goul Gadim: If the deceased left an inheritance, then it is obligatory on the guardian to make up the prayers of the deceased in the same way as fasting, while according to the majority of the Ashabbasins, one mud of basic food is to be given for each prayer missed.

2. Shake Hands After Prayer

Imam Hamzah An-Nasyiri and others gave a fatwa that it is mustahabb to shake hands after the completion of the five daily prayers, even if one shook hands before the ‘Asr prayer, because the prayer is regarded as ghaib hukmi, so it is equal to gaib hissi.

3, Actions of People, When the Preventive Factors for Prayer Have Been Removed

When the factors that prevent the prayers mentioned above (including disbelief, menstruation, nifaas and madness) disappear and there is still some time left in which they can make takbrotul ihrom, then they must offer that prayer, as well as the previous prayers if they can be joined together.

4- It is obligatory to delay prayer because of taking care of the deceased

Similarly, it is obligatory to delay the prayer, because of offering prayers for a corpse that one fears will bleed (until it decomposes).

5. Waking a Sleeping Person Who Has Not Prayed

 Imam Nawawi in his book Al-Muhadzab said: It is mustahabb to wake a sleeping person for prayer, especially if time is short.

CHAPTER ON THE OBLIGATORY CONDITIONS OF PRAYER

(Fasal) The conditions for the obligatory prayer are three things. One of them is Islam.

So prayer is not obligatory for the original disbeliever. And it is not obligatory to offer them when he becomes Muslim.

As for the apostate, it is obligatory for him to pray and make it up when he returns to Islam.

The second is puberty. So prayer is not obligatory for young boys and girls.

However, both of them should be commanded to pray after the age of seven if they are enlightened, and if they are not enlightened then they should be commanded after they are enlightened.

And both should be beaten for not praying after the age of ten. The third is to have common sense.

So prayer is not obligatory for the insane. The author’s statement “the intellect is the limit of taklif (the demands of sharee’ah)” does not appear in some of the texts.

There are five recommended prayers. And in some of the wording of the matan, it is expressed in the jamaic form “Sai”, meaning the prayers of the two holidays, meaning the Eid al-Fitr and Eid al-Adha.

And the prayer for the two eclipses, meaning the solar eclipse and the lunar eclipse. And istisga’, meaning the Istisga prayer”.

The voluntary prayers that accompany the fard prayers, also expressed as sunnah ratibah/rawatib prayers, are seventeen rokaat.

Two rokaat of dawn, four rokaat before Dhuhr and two rokaat after it, four rokaat before Asr, two rokaat after Maghrib, and three rokaat after Isha’ which are used for the Witr prayer of one rokaat. One rokaat is the minimum witr prayer. And the maximum Witr prayer is eleven rokaat. The time of the Witr prayer is between the Isha’ prayer and the break of dawn. “Thus, if someone performs the Witr prayer before the Isha’ prayer, either intentionally or by mistake, then the prayer performed is not considered.

The muakkad (highly recommended) rawatib prayers of all the above voluntary prayers are ten.

Namely two rak’ahs before Fajr, two rak’ahs before and after Dhuhr, two rak’ahs after Maghrib and two rak’ahs after Isha’ prayer.

Three muakkad sunnah prayers that do not follow the farldu prayers.

One of them is night prayer. Absolute voluntary prayers at night are more important than voluntary prayers during the day. Absolute voluntary prayers in the middle of the night are the “most excellent. Then at the end of the night,. more so. This is for those who divide the night time into three parts.

The second is Dhuha prayer. The minimum Dhuha prayer is two rak’ahs And the maximum ” is twelve rak’ahs.

The time for Dhuha prayer starts from the rising of the sun – about the height of a spear – until the sun slips, as stated by Imam an Nawawi in the book at Tahgig and Sharh al Muhadzdzab. The third is the tarawih prayer. That is twenty rak’ahs of prayer with ten shakes on every night of Ramadan.

And there are as many as five tarawihan.

In each of the two rak’ahs of the tarawih prayer, one makes the intention of “sunnah tarawih” or “giyam Ramadhan (reviving the month of Ramadan)”.

If a person prays four rak’ahs of tarawih with one shaking of hands, then his prayer is not valid. The time of taraweeh prayer is between ‘Isha’ and the break of dawn.

MUHIMMAT IN THE CHAPTER OF MANDATORY PRAYER REQUIREMENTS & SUNNAH PRAYERS

1. Sleeping so long that the time for prayer is lost

It is not haraam to sleep before the time for prayer comes, even if one has the intention of not praying at the time.

2. Obligation of praying for a drugged person

(Shaafa’is) said: It is permissible to take a drug that removes the mind (anesthetic) if there is a need for it, but in this case he does not have to pray after he regains consciousness, because the loss of the mind is due to something that is not forbidden.

3. Forgetting to Pray Because of Playing Chess

One of the excuses for prayer is forgetfulness. With the exception of forgetfulness arising from something that is forbidden, such as playing chess, this does not count as an excuse.

4. 20 Rokats of Tarawih Prayers is the Rule or Maximum

The number of rak’ahs of the tarawih prayer is 20. This means that 20 rak’ahs is the maximum limit, so if someone shortens the tarawih prayer by less than 20 rak’ahs, then it is valid and he gets the same reward as the tarawih prayer. According to some scholars, it is not valid, because the Tarawih prayer must be 20 Rak’ahs.

5. Haram but Valid Sunnah Prayers

If a Muslim misses a prayer without any hindrance, it is obligatory for him to offer the missed prayer immediately. It is also haraam for him to offer voluntary prayers (before offering the fard prayer that he missed), and his prayer is valid. This is different from the view of Az. Zakashi (who ruled that his naafil prayers are not valid).

6. It’s Not Good to Separate Tarwih & Witr Prayers

It is permissible to interrupt Tarawih prayer or Witr prayer with another voluntary prayer, because the other voluntary prayer cannot be interrupted except by the previous prayer, but that comes under the ruling on violating the preferable procedure.

7. Tarwih Prayer Performed After Maghrib Prayer

The time of Witr prayer is the same as the time of tarawih prayer, which is between the time of ‘Isha’ prayer, even if it is after maghrib prayer in jama’ tagdim, and the break of dawn.

CHAPTER CONDITIONS OF PRAYER

(Fasal) The conditions of prayer before performing it are five things.

The word “shuruth” is the jamaic form of the word “sharth”.

And the condition etymologically means a sign. And shara’i means something that determines the validity of the prayer, but is not part of the prayer. With this bound, it excludes the pillars. Because the pillars are actually part of the prayer.

The first condition is that the limbs are pure from minor and major impurity when able to perform.

As for fagidut thohurain (not finding the two means of purification, namely water and dust), then the prayer is valid but it is obligatory to repeat it when you are able to purify yourself. He must be clean from unforgivable impurities on his clothes, body and place. The author will mention this last one (purity of place) in a moment.

The third requirement is to stand in a holy place.

So the prayer of a person whose body or clothes encounter impurity while standing, sitting, bowing, or prostrating is not valid.

The fourth condition is to know the time of entry or to think that the time of entry is based on ijtihad (exerting all the ability to think in order to reach the destination).

So if there is someone who performs prayers without all of that, then the prayer is not valid, even if it fits the time. The fifth requirement is facing the Qibla, the Kaaba.

The Kaaba is called the Qibla because the person praying faces it. And it is called the Kaaba, because of its height.

Facing the Qiblah with the chest is a requirement for the one who is able to do so. The author made an exception from this, which he explained in the following words.

It is permissible not to face the Qiblah when praying in two circumstances. The first is during shiddat al-khauf, which is in a war that is permissible, whether the prayer is obligatory or naafil.

And the second is when performing the Sunnah prayer on a vehicle while traveling.

So, for a traveler who is on a journey that is permissible according to sharee’ah, even if it is a short distance away, it is permissible to perform voluntary prayers facing the direction of his destination, even if he is not facing the Qibla.

With regard to the one who is traveling on a vehicle, it is not obligatory for him to rest his forehead on the saddle of his riding animal, for example, but it is permissible for him to gesture in bowing and prostration. However, his prostration must be lower than the gesture for bowing.

As for the traveler on foot, he should complete his bowing and prostration, face the Qiblah when doing both, and not walk except when standing and tashahhud.

MUHIMMAT IN THE CHAPTER ON THE CONDITIONS OF PRAYER

1. Criteria for covering the ‘awrah in prayer

It is obligatory to cover the ‘aurot with something that does not show the color of the skin, i.e. thick clothing, leather or paper. If she covers it with something that does not show the color of the skin, i.e. thin clothing, then it is not permissible.

2. Prayer on the Bus Must be Repeated

Ash-habuna (Shaafa’is) are of the view that if the time for the maktubah prayer has come, and they are traveling, and he fears that he may get off to pray on the ground facing the qiblah, or he fears that he may be separated from his companions, or he fears for himself or his wealth, then it is not permissible for him to leave the prayer and pray outside its time, but he must pray in the car, out of respect for the time of prayer, and he must repeat the prayer, because that is a rare excuse.

3. Prayer in the Church

The ruling is that it is valid to pray and sell inside the church, but it is disliked.

4. The Purpose of Facing the Qibla

Regarding the issue of people praying facing the Qibla, there is a difference of opinion among the scholars. The superior opinion requires the person praying to face exactly straight to the physical Ka’bah (ainul gibla), even for people who are outside the city of Makkah, and must turn slightly when the shaf is long, so that he sees himself across the Ka’bah. The second view is that it is sufficient to face the direction of the Qiblah (jihatul giblat), which is one of the four directions in which the Ka’bah is located, for those who are far away from the Ka’bah; this view is the strongest opinion chosen by al-Gazali.

CHAPTER ON THE PILLARS OF PRAYER

(Fasal) explains the pillars of prayer. While the meaning of prayer in etymological and shara’i legal terms has been explained earlier.

There are eighteen pillars of prayer. One of them is the intention. The intention is to intend something along with performing it.

The place of intention is the heart. When praying a fard prayer, it is obligatory to have the fard intention, and to intend to perform it and specify it as early as Fajr or Dhuhr.

Or a voluntary prayer that has a specific time such as the rawatib prayer or a prayer that has a cause such as the istisga’ prayer, then it is obligatory to deliberately perform it and determine it, and it is not obligatory to have a voluntary intention.

The second pillar is to stand if one is able to do so. If one is unable to stand, then one must sit in whatever position he wishes, but sitting iftiras (initial tahiyat) is preferable.

The third pillar is takbiratul ihram. For those who are able, it is obligatory to say takbiratul ihram, namely by saying “Allahu Akbar”. It is not valid to say “Ar Rahmanu Akbar” and the like.

In takbiratul ihram, it is not valid to put the khabar before the mubtada’, such as when someone says “Akbarullahu”.

If a person is unable to say takbirat al-Ihrams in Arabic, then he must translate it into whatever language he wishes, and it is not permissible for him to move from takbirat al-Ihrams to another form of dhikr – such as saying “alhamdulillah” -.

It is obligatory to include the intention with the performance of takbiratul ihram.

As for Imaam An-Nawawi, he ruled that it is sufficient if the praying person is considered to have prayed in his heart at the time of takbiratul ihram.

The fourth pillar is reciting Al-Fatihah, or its substitute for those who do not memorize Al-Fatihah, either in fardlu or sunnah prayers.

Bismillahirrahmanirrahim is a full verse from Surah Al Fatihah.

Whoever does not recite one letter or tashdid from Surah al-Fatihah, or substitutes one letter for another, then his recitation is invalid, as well as his prayer if he did so intentionally. If it was not intentional, then it is obligatory for him to repeat the recitation of the Fatihah.

And it is obligatory to recite Surah Al Fatihah in an orderly manner. That is, by reciting the verses in the order in which they are known.

It is also obligatory to recite it muwallah (continuously), i.e. some of the words of Al-Fatihah are connected to others without any separation except for taking a breath.

So, when the muwallah is separated/interrupted by other dhikr, it interrupts the recitation of the muwallah of Surah Al-Fatihah.

Unless the recitation of the dhikr is related to the benefit of the prayer, for example the recitation of “amen” that the mum does in the middle of reciting Ai Fatihah because of the imam’s recitation of Al Fatihah, then in fact the recitation of . The “amen” does not break the muwalah.

If a person does not know or finds it difficult to recite Surah al-Fatihah because there is no teacher like him, and he can recite another Surah from the Qur’an, then he must recite seven verses in sequence or not in place of Surah al-Fatihah. If he is unable to recite Qur’an, then it is obligatory for him to recite a dhikr in place of the Fatihah, as long as the letters of the dhikr are not less than the number of letters of the Fatihah.

If he cannot recite Qur’an and dhikr, it is obligatory for him to stand up and recite Al-Fatihah.

And in some of the wording of the matan, it says: “And recite al-Fatihah after bismillahirrahmanirrahim, and the basmalah is a verse of al-Fatihah.”

The fifth pillar of prayer is ruku’.

As for the minimum limit of the fardlunya ruku’ for people who pray standing, able to do ruku”, physically normal, and safe / healthy both hands and both knees, is bowing without puffing out the chest (degek: Javanese) with a size of about two palms can reach both knees if he wants to put his palms on his knees.

If he is unable to do ruku’ like this, then he must bow, as much as he can, and gesture with the blink of his eyes.

The most perfect ruku’ is to straighten the back and neck of the person who is ruku’ as if the two are like a straight board, straighten the calves, and hold the knees with both hands.

The sixth pillar of prayer is thuma’ninah in ruku’. Thuma’ninah is silence after movement.

The author makes thuma’ninah a mandated pillar in some of the pillars of prayer. And imam an Nawawi adhered to this opinion in his book at Tahgig.

Whereas other than the author makes thuma’ninah a desire that accompanies prayer.

The seventh pillar of prayer is getting up from ruku’ and i’tidal standing upright according to the state before ruku’, i.e. standing for those who pray standing and sitting for those who are unable to stand.

The eighth pillar of prayer is thuma’ninah in i’tidal.

The ninth pillar of prayer is prostration twice in each rak’ah. The minimum limit of prostration is that part of the forehead of the praying person touches the place of prostration, either the ground or something else.

The most perfect prostration is reciting Takbir without raising the hands when descending to the prostrate position, putting the knees, then the hands, then the forehead and nose.

The tenth pillar of prayer is thuma’ninah in prostration, approximately the weight of the head hitting the place of prostration. . And it is not enough just to touch his head to the place of prostration.

In fact, it would have to be pressed down a little if there were a cotton swab under his head, and it would be pressed down, and the weight would be felt on the hand if it were placed under him.

The eleventh pillar of prayer is sitting between two prostrations in every rak’ah, whether praying standing, sitting or sleeping on one’s side.

The minimum for sitting between two prostrations is silence after the movement of the limbs. The best thing to do is to add to it the supplication that came from the Prophet (peace and blessings of Allaah be upon him) while doing it.

So if he did not sit between the two prostrations, and was only closer to the sitting position, then his sitting is not valid.

The twelfth pillar of prayer is thuma’ninah in sitting between two prostrations. The thirteenth pillar of prayer is the last sitting, which is the sitting that is accompanied by the salam.

The fourteenth pillar of prayer is the tashahhud in the last sitting. The minimum tashahhud is

“All honor belongs to Allah, may salvation, Allah’s mercy and His blessings be upon you O Prophet. May salvation be upon us and the righteous servants of Allah. I testify that there is no god but Allah, and I testify that Muhammad is the messenger of Allah.”

The most perfect tashahhud is

“Blessed honor and good mercy belong only to Allah. Safety, Allah’s mercy and His blessings be upon you O Prophet. May salvation be upon us and the righteous servants of Allah. I testify that there is no god but Allah. And I bear witness that the Prophet Muhammad is the messenger of Allah.”

The fifteenth pillar of prayer is reciting the blessings of the Prophet (peace and blessings of Allah be upon him) in it, i.e. in the last sitting” after the completion of the tashahhud.

The minimum recitation of sholawat for the Prophet is

“O Allah, have mercy on Prophet Muhammad”

The author’s words above tell us that reciting the blessings of the Prophet’s family is not obligatory, and indeed: it is, in fact, Sunnah. The sixteenth pillar is the first greeting.

And it is obligatory to say the greeting while sitting. The minimum greeting is one greeting. And the most perfect greeting is twice, namely to the right and to the left. The seventeenth pillar of prayer is the intention to leave the prayer. This is the “weak” view. Some say that the intention to leave the prayer is not obligatory, and this is the view of al ashah.

The eighteenth pillar of prayer is to perform the pillars of prayer in an orderly manner, until between the last tashahhud and the recitation of the prayer for the Prophet in the final tashahhud.

The author’s phrase “according to what I have described” excludes the obligations: to include the intention with takbiratul Ihram, and to include the last sitting with tashahhud and recitation of blessings for the Prophet (peace be upon him).

MUHIMMAT IN THE CHAPTER OF THE PILLARS OF PRAYER

1. Repeated Takbeer Can Blur the Prayer

If a person repeats the takbeer with the intention of starting the prayer with each takbeer, then he is deemed to have entered the prayer with the odd numbered takbeer and left the prayer with the even numbered takbeer.

2. It is not Sunnah to recline during I’tidal.

It is the mu’tamad opinion that the one who is praying should take his hands off, and not put them on his chest.

3, The Wary Person in the Recitation of Fatihah ,

If a person is anxious when saying the word bis-bis, then the ruling is: If he intends to recite it, then his prayer is valid, otherwise it is invalid.

4. Perfect Prostration Position

The perfection of prostration is that the musholli should prostrate on his nose, hands, knees and feet. If he prostrates on his jowls without touching his nose to the place of prostration, the ruling is disliked, but it is sufficient.

CHAPTER ON THE MUSTAHABBITIES BEFORE & DURING PRAYER

The mustahabbos of prayer before the prayer are two things.

The first is the adhan. Etymologically, adhan means notification. And in terms of shara’a law thermonology is a certain dhikr to announce the entry of the fardlu prayer time.

As for the adhan phrases, they are recited twice, except for the takbir at the beginning, which is recited four times, and except for the Tawheed at the end of the adhan, which is recited once.

And the second is igamah. Igamah is the masdar form of the madli fi’il of religion. Then it is used as the name of a certain dhikr. Because the dhikr is actually used to establish prayer.

Each of the adhan and igamah is only required for fard prayers. As for prayers other than fardhu, they are called with the language “as shalatu’ jami’ah”.

There are two things that are required in prayer: the initial tashahhud and the gunut in the Fajr prayer, which is the i’tidal in the second half of the Fajr prayer. In language, gunut means prayer.

And in terms of legal terminology, shara’ is a certain dhikiran, namely

And gunut at the end of the Witr prayer in the second half of Ramadan.

The ounut in this Witr prayer is the same as the ounut in the previous Fajr prayer in place and recitation.

Ounut does not have to use the gunut phrases described above. Therefore, if a person performs gunut by reciting a verse of the Qur’an that contains a supplication and is intended for gunut, then the haraamness of gunut has been fulfilled.

There are fifteen Sunnahs of prayer. What is meant by hajat is not a pillar and not a sunnah ab’ad/ which is replaced by prostration -when left out-.

The first is to raise the hands at the time of takbiratul ihram until they are straight and in line with the shoulders. And raising the hands when going down to bow and getting up from bowing.

And 2) placing the inner palm of the right hand over the outer left hand. And both are under the chest and above the navel.

3) The tawajjuh prayer, which is what the person who shotat after takbiratull ihram says,

What is required is that after takbiratul ihram, the person praying recites the iftah prayer, either this verse or any other of the forms of iftah prayer that came from the Prophet (peace and blessings of Allaah be upon him).

And 4) reciting isti’adzah (ta’awudz) after reciting the tawajjuh dua. And the mustahabbility of the ‘sti’adzah du’aa’ can already be the result! with every phrase that contains ta’awudz (asking Allah for protection). The most important ta’awudz du’a is,

“I seek refuge with Allah from the temptation of the accursed shaytaan.”

And the 5th) Loudening the recitation (other than the congregation) in its place, namely in the Fajr prayer, the first two rak’ahs of the Maghrib and Isyat prayers, the Friday prayer and the two Eid prayers (Eid al-Fitr and Eid al-Adha).

And 6th) Slow down the recitation in its place, i.e. in places other than those mentioned above.

And 7th) Ta’min is saying “amen” after finishing reciting Surah Al-Fatihah for those who recite it in prayer and outside of prayer, but in prayer it is more recommended. And a makmum sunnah read “amen” along with the recitation of “amen” | imam with a loud voice.

And 8) Reciting a surah after reciting Surah Al Fatihah for an imam or a person praying alone in his two rak’ahs of Fajr prayer and his first two rak’ahs, other prayers (dhuhr, asr, maghrib and isha”).

The recitation of the Surah comes after the recitation of Al-Fatihah. So, if a person gives precedence to reciting a surah before reciting Al-Fatihah, then the recitation of the surah is not considered.

And 9) some recitations of takbir when descending into ruku’ (and at the time of descending into prostration).

And when lifting, i.e. lifting the back from the ruku’ position. Recite “.  “And if the praying person says “whoever praises Allah, may Allah hear his praise”, it is sufficient.

The meaning of “.  ” is that Allah accepts his praise and rewards him for it.

And the musholli (one who prays) says ” ” when he stands up straight.

 And 11th) Reciting tasbeeh in ruku’. The minimum perfection in the recitation of tasbih is ” ‘ three times.

And reciting tasbeeh in prostration. The minimum perfection in the recitation of tasbih is “.  ” three times. As for the most perfect dhikr in reciting tasbih during bowing and prostration, it is well known.

12th) Placing the hands on the thighs when sitting the initial and final tashahhud.

With the left hand open, the fingertips should be in line with the knee.

And clasping the right hand, that is, his fingers, except for the index finger of the right hand. So he did not hold it, because he would have used it for gesturing, raising it when saying the tashahhud, i.e. when saying the phrase

And he should not move his index finger. If he moves it, then the ruling is makrooh and his prayer is not invalidated according to the correct view.

And the 13th) sitting iftirasy in all sitting positions performed in prayer, such as sitting in repose, sitting between two prostrations and sitting the initial tashahhud. Iftirasy is when a person sits on his left ankle, placing the instep of his left foot on the ground, raising the sole of his right foot, and placing the toes of his right foot on the ground and facing the qiblah. “

And the 14th) Sitting tawarruk during the last of the sittings in prayer, the final tashahhud.

As for sitting in tawarruk, it is the same as sitting in iftirasy, except that instead of sitting in iftirasy, the praying person takes his left foot out from under his right foot and puts his buttocks on the ground. As for the mum of the masbug and the one who forgot, it is mustahabb to sit in iftirasy, and it is not mustahabb to sit in tawarruk.

And 15th) say the second greeting. As for the first greeting, it has already been explained that it is one of the pillars of prayer.

MUHIMMAT IN CHAPTER ON THE SUNNAHS BEFORE & DURING PRAYER

1. The Sunnah of Wiping the Face After Prayer

It is recommended for the one who completes his prayer to wipe his face with both hands, because prayer is etymologically a prayer.

2. The Sunnah of Loudening the Voice in Dhuhr Prayer

The Shaafa’is are of the view that what counts is the time at which the prayer is offered, whether the prayer is Sirri or Jahr. Whoever prays the Dhuhr prayer at night should raise his voice, and whoever prays the Maghrib prayer during the day should not raise his voice.

3. The Sunnah of Reciting Sayyidina

It is preferable to add the words “Sayyiding” (in referring to Muhammad, during the tahiyyat) because of the etiquette involved.

CHAPTER ON MATTERS OF PRAYER BETWEEN MEN & WOMEN

(Fasal) Explaining the things that differ between women and men in prayer.

The author explains this by saying, “women differ from men in five things.”

So a man who stretches, i.e. lifts his elbows from the sides of his body, and lifts his abdomen from his thighs during ruku’: and prostration.

And raising the voice in its place. And raising the voice has already been explained in – its place.

And when a man is affected, i.e. experiences something in prayer, then it is Sunnah to recite tasbeeh.

Then he says “subhanallah” with the intention of dhikr only, or with the intention of informing or without any purpose, then his prayer is not invalidated. Or – with the intention of telling only, then his prayer is invalidated.

As for the aurat of men, it is the part of the body between the navel and the knees. The navel and knees themselves are not aurat, and the limbs above them are not aurat for men.

A woman is different from a man in the five things that have been explained above.

So indeed a woman attaches part of her body to another part of her body. So she attaches her belly to her thighs during ruku’ and prostration.

And he lowers his voice when praying near other men (not his mahram and not his halal).

So, when he prays alone away from them, it is Sunnah to raise the voice (in places where it is recommended to raise the voice).

And when in prayer something happens, it is recommended to clap the hands by striking the outer right palm over the outer left palm.

If he strikes the palm of his inner hand against the palm of the other hand for the purpose of playing, even if it is only a little, knowing that it is forbidden, then his prayer is invalid. A huntsa has the same ruling as a woman.

As for the entire body of a free woman, it is aurat except for her face and the palms of her hands.

And this is his aurat in prayer. As for her ‘awrah outside of prayer, it is her entire body.

The ‘awrah of a slave girl is like that of a man in prayer. That is, her ‘awrah is the limbs between her navel and her knees.

CHAPTER ON THINGS THAT INVALIDATE PRAYER

(Fasal) explains the things that invalidate prayer. There are eleven things that invalidate prayer.

Speaking intentionally with words that are appropriate for speech among the children of Adam, whether they are related to the benefit of prayer or not. (secondly) many and continuous movements such as three steps, whether intentionally or out of forgetfulness.

As for the slight movement of the body, it does not invalidate the prayer. (Third and fourth) minor and major impurity, and then comes impurity that is not mema’fu. 

If a dry piece of impurity falls on his clothes and he shakes it off immediately, then his prayer is not invalidated. (Fifth) Intentional uncovering of the ‘awrah.

If the wind blows open his ‘awrah, then he covers it again immediately, then his prayer is not invalidated. (Sixth) changing the intention.

For example, the intention to leave the prayer. (7th) Turning away from the qiblah. For example, positioning the Qiblah behind & on his back.

(eight & nine) eating and drinking, whether the food and drink is much or little.

Unless one is unaware that it is forbidden.

(ten) laughter. Some scholars have expressed it as “dlahgi (laughing out loud)”.

(eleven) apostasy, i.e. breaking away from Islam by word or deed.

MUHIMMAT IN THE CHAPTER ON THINGS THAT INVALIDATE PRAYER

1. Ruling on swallowing phlegm during prayer

If phlegm from a person’s brain comes out of his mouth, while he is praying, and he swallows it, then his prayer is invalidated.

2. Solution for Prayer of a Woman Whose Chin is Visible

But according to other scholars of the Shafi’i madhhab, such as the leaders of the Handfiyyah and Maalikiyyah scholars, what is below the chin and the like on the part of a woman is not regarded as something that invalidates the prayer.

3. Moving Three Times Out of Compulsion

If a person has severe scabies. If a person has severe scabies and he is unable to endure the itching without scratching, then his prayer is not invalidated by the movement of his palm in three successive movements, because that is dloruroth.

4. Limitations of the Kalam that can invalidate prayer

Ashabuna (Shaafa’is) said: the words that invalidate the prayer are words other than the Qur’an, dhikr, prayers and the like. But reciting the Qur’an, dhikr, supplication and the like do not invalidate the prayer, and there is no difference of opinion among the scholars.

CHAPTERS ON THE NUMBER OF RAK’AHS IN PRAYER & PRAYERS OF THE SICK

(Fasal) explains the number of rak’ahs of prayer. The number of rak’ahs of fard prayers, i.e. a day and night performed at home (not traveling) other than Friday is seventeen rak’ahs.

As for Friday, the number of rak’ahs of the fard prayer on that day is fifteen.

The number of rak’ahs of prayer each day while traveling for people who perform gashar prayer is eleven rak’ahs.

The author’s words “in the number of rak’ahs there are thirty-four prostrations, ninety-four takbirs, nine tashahhuds, ten salams, and one hundred and fifty-three tasbihs.

The number of pillars in prayer is one hundred and twenty-six, namely thirty pillars in the Fajr prayer, forty-two pillars in the Maghrib prayer, and fifty-four pillars in the four Rak’ah prayers” until the end of what he said is clear and does not need to be explained.

2. If a person is unable to stand during the fard prayer because of the hardship that comes with standing, then it is permissible for him to pray sitting in whatever position he wishes. But sitting iftirasy instead of standing is better than sitting, tarabbu’ (cross-legged) according to the view of al Adhhar.

And whoever is unable to sit, it is permissible to pray by sleeping on his side.

If you are unable to sleep on your side, it is permissible to pray on your back with your feet facing the qiblah.

If he is unable to do that, then he should gesture with his eyes and intend it in his heart.

And it is obligatory for him to face the Qiblah with his face by placing something under his head and gesturing with his head during bowing and prostration.

If he is unable to signal with his head, then he should signal with the blink of his eyes.

If he is unable to signal with the blink of an eye, then he must perform the pillars of prayer in his heart.

And it is not permissible to leave the prayer as long as – the mind is still conscious.

If a person prays sitting down, he does not have to do the prayer and his reward is not diminished, because he has an excuse.

The Prophet (peace and blessings of Allaah be upon him) said: “Whoever prays sitting down will get half the reward of the one who prays standing up.

And whoever prays while sleeping will get half the reward of one who prays while sitting.” So it is directed at the one who performs voluntary prayers and is able to do so.

MUHIMMAT IN CHAPTER NUMBER OF PEOPLE IN SHALAT & THEIR SHALATS

1. Obligation of prayers of the seriously ill

Imam Shafi’i, Malik and Ahmad Bin Hanbal are of the opinion: The obligation of prayer is not removed from the mukallaf as long as his mind is normal, even if he performs it in his heart. And Imam Abu Hanifah said: If a person is dying and is unable to sign with his head, the obligation of prayer is waived for him.

2. Prayers of the infused person

If the needle of the infusion is still stuck in the body of the person praying and there is a lot of blood, and the needle of the infusion is not covered, then his prayer is not valid, if he can remove it without difficulty, because he is one of those who carry impurities.

CHAPTER ON WHAT TO LEAVE OUT OF PRAYER & PROSTRATION

(There are three things that are left out of prayer.

The fard, which is also called the pillar, the sunnah ab’ad and the sunnah haiat. As for these two sunnahs, they are other than fardlu.

The author explains all three in his words, “fardlu cannot be replaced by sujud sahwi.”

Even when he remembers that he has left a fard, and he is still praying, it is obligatory for him to perform the fard that he has left and his prayer is considered complete.

Or he remembers after the greeting of peace, and it is still relatively short, so it is obligatory for him to do the fard that he missed and continue what is left of his prayer, and do prostration.

Sahwi prostration is Sunnah as will be explained. However, the ruling . like this when leaving things that are commanded or doing things that -. prohibited in prayer.

Sunnah ab’ad when abandoned by the person praying, then he is not allowed to return to it after he is in the position of doing the fardlu or pillar.

Therefore, if a person leaves the initial tashahhud and remembers it after standing upright, it is not permissible for him to return to the tashahhud position.

If he returns to the tashahhud knowing that it is forbidden, then his prayer is invalid.

Or if he forgets that he is praying, or is unaware of the prohibition, then his prayer is not invalidated but he must stand up when he remembers.

If he is a mum, then he must return to the position of tashahhud because he is following the imam.

However, it is mustahabb for him to perform prostration when in the case of not returning or returning to the tashahhud position in a state of forgetfulness.

What the author means by “sunnah” here are the six ab’ad sunnahs.

1) the initial tashahhud, 2) the sitting of the initial tashahhud, 3) the gunut in the Fajr prayer and at the end of the Witr prayer in the second half of the Romadian month, 4) standing up to do the gunut, 5) the recitation of blessings for the Prophet in the initial tashahhud, and 6) the recitation of blessings for the Prophet’s family in the final tashahhud.

Sunnahs such as the recitation of tasbeeh and the like are among the Sunnahs that cannot be replaced by prostration, so after leaving them, the praying person should not go back to doing them. And it is not permissible to make prostration of forgetfulness because of them, whether he left them intentionally or because he forgot.

When the praying person is in doubt as to the number of rak’ahs he has performed, such as one who is in doubt as to whether he has performed three rak’ahs or four rak’ahs, then he is obliged to perform what he believes to be the smallest number, such as three rak’ahs in this case, and he must add one rak’ah and the Sunnah of prostration. The strong suspicion that he did four rak’ahs is not to be relied upon, nor is it permissible for him to follow the words of others who tell him that he did four rak’ahs, even if their number reaches the number of mutawatir.

Sahwi prostration is Sunnah as explained, and the place to do it is before the greeting of peace.

If the one who is praying does the salam deliberately and knows that it is recommended to do prostration, or forgets it but it has been a long time according to ‘urf, then the obligation to do prostration is lost.

If the period is relatively short according to ‘urf, then the time for doing it is not lost, and he is allowed to do or leave prostration.

MUHIMMAT IN THE CHAPTER ON THINGS LEFT OUT DURING PRAYER & SUJUD SAHWI

1. Imam Leaves Sahwi Prostration, Ma’mum May Do It Himself

If the imam leaves the second prostration or greeting, then the ma’mum may do it himself, because he does it after the end of the mukmum.

2. Imam Not Ounut, Ma’mum Ounut

The scholars said: It is permissible to delay from the imam because of the gunut prayer, when the imam has left him and he finds him in the first prostration.

CHAPTER ON PERMISSIBLE TIMES

(Fasal) explains the times when it is makrooh to pray with makrooh tahrim as explained in the books of ar Raudlah and Sharh al Muhadzdzab in this chapter.

And it is makrooh tanzih, as stated in the book of Tahgig and Sharh al Muhadzdzab in the book of “Nawaqidul Wudlu'”.

There are five times when it is disliked to pray at that time except for prayers that have a cause. Sometimes the cause occurs before the prayer, such as fa’itah prayers (prayers that are abandoned).

Or the reasons that coincide with the prayers such as eclipse prayers and istisga prayers”.

The first of the five times is the prayer that has no cause when done after the Fajr prayer.

And the makrooh ruling remains until sunrise.

The second is to pray when the sun rises until it comes out completely and rises to about the height of a spear according to the eye.

The third is to pray when the sun is exactly in the center of the sky until – shifted from the center of the sky.

With the exception of Friday, it is not makrooh to pray on Friday at the time of istiwa’.

The same applies to the Haram areas of Makkah, whether they are mosques or anything else, so it is not makrooh to pray there at any of these times, whether it is the voluntary prayer of tawaaf or anything else.

The fourth is the time after performing the ‘Asr prayer until sunset.

The fifth is the time when the sun sets, which is when it approaches sunset until it is fully set. 

MUHIMMAT IN CHAPTER ON THE TIMES THAT ARE PERMISSIBLE

Definition of Makruh Tahrim . The term makruh or karahah ( ) in terms of figh scholars is:

An action for which there is no sin on the one who does it, and reward for the one who refrains from it. But if it is makruh tahrim, then it is the same as haram, meaning that it is forbidden to do it, and the difference between the two is that makruh tahrim is a prohibition without explicit evidence, which is based on evidence that is dzanni (presumptive), such as evidence derived from ahad or gias hadith, as in the hadith narrated by Muslim, where the Prophet said: It is not permissible for a Muslim to buy what his brother has bought, and it is not permissible for a Muslim to propose to a woman whom his brother has proposed to him unless he leaves her:

This hadeeth is ahadith, which is dzanni. Haram, on the other hand, is a prohibition with definite proof.

CHAPTER ON CONGREGATIONAL PRAYER

(Praying in congregation for men in fardiu prayers other than the Friday prayer is Sunnah muakkad according to the author and Imaam Rafi’i.

However, according to Imam Nawawi, the ruling on congregation is fardlu kifayah (a collective obligation).

A person who prays in congregation with the imam in other than Friday prayers can be rewarded as long as the imam has not made the first greeting, even if the person has not sat with the imam.

As for the ruling of congregation in the Juma’at prayer, it is fardlu ‘ain, and cannot be completed with less than one rak’ah.

It is obligatory for the mum to have the intention of being a mum or the intention of following the imam.

It is not obligatory to choose an imam to follow, rather it is sufficient to intend to share in the imam who is present at the time, even if one does not recognize him.

If he specifies the imam and it turns out that he is mistaken, then the prayer is invalid unless it is signaled by him saying “I intend to makmum on Zayd, this one”, but it turns out that he is “Amr, then the prayer – still valid.

Not for the Imām, so it is not obligatory for him to intend to become an Imām in order to validate sitting in congregation with him in other than the Jumu’ah prayer.

In fact, the intention to become an imam is mustahabb for the imam.

If he does not intend to be the imam, then his prayer is considered to be praying alone.

It is permissible for a free man to do the mum of a slave boy. It is permissible for a man who has reached the age of puberty to give mum to a child who is nearing puberty (murahig).

With regard to a child who has not yet reached the age of puberty, it is not permissible for him to do tacitmum. It is not permissible for a man to seek the consolation of a woman or a huntsa musykil (a transvestite whose gender is not clear).

It is not valid for a huntsa muskil to mummify a woman and a huntsa musykil. It is not valid for a gari’, i.e. a person who recites the Fatihah correctly, to listen to an ummi, i.e. a person who has a defect in reciting a letter or tashdid from the Fatihah.

Then the author hints at the conditions of makmum by saying, In any place in the mosque where a person prays following the imam who is in the mosque, and he is aware of the imam’s prayer by directly seeing him or seeing part of the row, this is sufficient in the validity of makmum to the imam, so long as his position does not precede the imam.

If the heel of the mum precedes the heel of the imam in one direction, then the prayer is not valid.

It doesn’t matter if his heels are level with the imam’s heels.

It is mustahabb for the person praying to move slightly behind the imam. In this position, he is not considered to have left the shof, which would cause him to miss out on the virtue of praying in congregation.

If the imam is praying inside the mosque and the mum is praying outside the mosque, and the mum is close to the imam in a way that the distance between them does not exceed three hundred dhira’ (144 meters), and the mum is aware of the imam’s prayer, and there is no barrier between the imam and the mum, then it is permissible to mimic the imam.

The distance is calculated from the last end of the mosque.

If the imam and the congregation are in a place other than the mosque, such as a field or a building, the condition is that the distance between them is not more than three hundred dhira’ (144 meters), and there is no obstacle between them.

MUHIMMAT IN THE CHAPTER ON CONGREGATIONAL PRAYER

1. Ruling on Intention to be an Imam

The correct view is: The intention to be the imam is not obligatory and is not a condition of the validity of the congregational prayer, whether the imam does not intend to be the imam, and the male or female members of the congregation follow him.

2. Ruling on Congregation in Sunnah Prayers

(Kaf issue). It is permissible to join in the Witr prayer: the prayer of tasbeeh and its companions. There is no sin in that at all, and there is no reward for it. That is correct, but if it is intended to teach the people who are praying and to encourage them, then it is the teaching or encouragement that has the reward.

3. Reciting to an Imam of a different opinion

 (It is valid to listen to someone who has a different understanding, if he knows that the imam is doing what is obligatory for him, and if he does not know that.

4. Attitude of the Ma’mum When Seeing the Prayer of the Imam Canceled

Imam Ar-Romli said, MufGrogoh (separation from the imam) is sometimes obligatory. For example, the mum knows that the imam is doing something that invalidates the prayer, even if the imam does not know. -Ibn Hajar said: If the mum does not immediately separate from the imam (mufarogoh) after he finds out, his prayer is invalidated.

5. Intention to pray in the middle of the prayer

If the person who is praying intends to become a mum when he is in the middle of praying, then his prayer is valid, but it is makrooh, and he does not get the fadlilah of jamaa’ah.

6. Position of the Ma’mum When Alone

(Farun) It is mustahabb for the male person to stand to the right of the Imam, even if he is a child, if there is no other person. – And he should stand a little further back from the Imam.

7. Barrier between Ma’mum and Imam

Suppose there is something that prevents the praying person from reaching the place of the imam, but does not prevent him from seeing it, such as a barred window. Or it may obstruct the view of the worshipper but not prevent him from reaching the place of the imam. For example, a closed door, in which case there are two opinions. The correct view, according to the work of Ar-Roudioh, is that the jamaa’ah is not valid.

8. Imam Ounut but Ma’mum Not Ounut

If the mum forgets not to recite the gunut prayer, then he must stand up again following the imam. If it was intentional, it is mustahabb to stand up again.

CHAPTER ON QASHAR & JAMA’,

(Fasal) explains the gashar and jama’ of prayer.

It is permissible for the traveler, i.e. the one who is traveling to make up the prayer & four rak’ahs, instead of the other two rak’ahs and three rak’ahs.

It is permissible to make up the prayers on five conditions.

The first is that the journey is not sinful. This includes obligatory travel, such as to pay a debt, as well as permissible travel, such as travel for trade.

With regard to a sinful journey, such as a journey to commit robbery, it is not permissible for a person to make a dispensation during the journey, either in the form of a gashar prayer or a jamaa’ prayer.

Secondly, the distance he traveled is sixteen farsakhs (188 km), according to the correct view. And the distance traveled on the return does not count.

One farsakh is three miles. If so, then the total number of farsakhs above is forty-eight miles. One mile is four thousand footsteps. And one footstep is equal to three soles of the foot. What is meant by mile is the size of the mile of the descendants of Banu Hashim.

Thirdly, the one who performs gashar is the one who performs four rak’ahs of prayer in ada’ (within the time).

As for the prayers that are missed while at home, it is not permissible to make them up by gashar while traveling.

As for prayers that are left behind on the way, they may be made up by making them up while traveling, not by making them up at home.

Fourthly, the traveler intends to perform gashar at the same time as the takbiratul ihram of the prayer.

Fifthly, the one who has gashar prayers does not mimic in some of his prayers the mugim, i.e. the one who prays perfectly.

This interpretation (one who prays perfectly) is to include a traveler who prays perfectly.

It is permissible for a traveler who is traveling on a permissible long journey to join the Dhuhr and ‘Asr prayers, with jama’ tagdim and jama’ ta’khir. And this is the meaning of the author’s words, “at whatever time he wishes”.

It is permissible to join the Maghrib and ‘Isha’ prayers with jama’ tagdim and jama’ ta’khir. And this is the meaning of the author’s phrase, “at whatever time he wishes”.

The conditions of jama’ tagdim are threefold. The first is to start by performing the Dhuhr prayer before the Asr prayer, and with the Maghrib prayer before the Isha’ prayer.

If he reverses it, for example starting with the ‘Asr prayer before performing the Dhuhr prayer, then it is not valid and he must “repeat the ‘Asr prayer after performing the Dhuhr prayer if he wants to perform the jamaa’ prayer.

Secondly, to make the intention of jama’ at the beginning of the first prayer, i.e. the intention of jama’ must coincide with the takbiratul ihram.

So it is not sufficient to give the intention of jamaa’ before takbiratul ihram and delay it until after the salam of the first prayer. But it is permissible to make the intention of jamaa’ in the middle of the first prayer according to the opinion of al-adhhar.

Third, muwalah (continuous) between the performance of the first prayer and the second prayer, with the idea that there is no relatively long separation between the two.

If there is a relatively long separation, even if it is due to an excuse such as sleep, then it is obligatory to delay the second prayer until its time comes.

The relatively short separation according to ‘urf does not affect the muwalah between the two prayers.

As for jama’ ta’khir, it is obligatory to make the intention of jama’ and the intention must be made in the first prayer time.

And it is permissible to delay the intention until the time of the first prayer still remains, which would have been the prayer had it been performed at that time.”

With regard to jamaa’ ta’khir, it is not obligatory to do it in an orderly manner, and it is not obligatory to have the intention of jamaa’, according to the saheeh view concerning these three matters.

When it rains, it is permissible for the one who is able to perform jamaa” prayers between Dhuhr and ‘Asr, and between Maghirb and ‘Isha’ prayers, not during the second prayer, but during the first of the two prayers, if the rainwater soaks the uppermost part of the garment and the lowermost part of the sandals, and also fulfills the conditions mentioned in the tagdim jamaa” prayer. It is also required that it should be raining at the time of the beginning of the two prayers.

It is not sufficient that it rains in the middle of the first of the two prayers. It is also required that it should rain at the time of saying the greeting of the first prayer, whether or not it rains continuously after that.

The leniency of making jamaa’ because of the rain is only specific to the person who prays “in congregation at the mosque or other places of congregational prayer that are far away” according to “urf, and he finds it difficult to go to the mosque or other places of congregational prayer – because it rains on his way.

MUHIMMAT IN CHAPTER OASHAR & JAMA’

1 Limitation of Pain in Jama’

(The sickness that makes jamaa’ prayer permissible) must be a real hardship, which is greater than the hardship caused by the rain, such that the hardship permits one to offer the obligatory prayer sitting down. This is the superior version of the opinion.

2. Ruling on Oashar for the Driver

The exception to what I said is: “There is no difference of opinion as to whether it is permissible for him to make up the prayers,” i.e. the one for whom there is a dispute as to whether it is permissible to make up the prayers, such as a sailor with his family on board a ship, and the one who is always on the move, such as As-Sa (the one who is always traveling), so completing the prayers for him is preferable.

3. Choosing the Longer Way

 If there are two routes to the place of destination, one of which is a long route (two marhalahs/80.640 kilometers) and the other of which is a short route, then the traveler chooses the longer route for some reason, such as choosing the easier route or for security reasons, then it is permissible to make up the prayers. But if there is no such purpose, or no purpose at all, as is stated in al-Majmu’, then it is not permissible to shorten the prayer according to qoul adhhar.

4. Safar Recreation

Abu Muhammad al-Juwaini said: It is not permissible to make ghusl for the one who is traveling to see the buildings of the country, because that is not a valid purpose.

5. Traveling Out of Intention Haram, and Permissible

If the traveler has two motives for traveling, one of which is permissible and the other of which is haraam, and if the motive for traveling is not haraam, then the motive for traveling is only permissible, and the traveler would have traveled because of that, then it is permissible for the traveler to cut short his prayers.

FRIDAY PRAYER CHAPTER

(Fasal) The conditions for the obligatory Friday prayer are seven.

Namely 1) Islam, 2) puberty and 3) reason. This is also a condition of the obligation to perform prayers other than Friday prayers.

4th) free, 5th) male, 6th) healthy and 7th) permanent residence.

So the Friday prayer is not obligatory for the original disbeliever, the child, the madman, the slave, the woman, – the sick and their companions, and the traveler.

The conditions for the validity of the Friday prayer are three.

Firstly, a place where a number of people who perform Jumu’ah prayers live, whether it is a city or a rural area that is used as a permanent residence.

It is expressed by the author in the words, “the area is either a town or a village.”

Secondly, the number of Jumu’ah prayer congregants reached forty men from the Jumu’ah expert group.

They are men who are free and have a fixed abode, so that they do not move from their place of residence in winter or drought except for necessity.

Third, there is still time left, which is Dhuhr prayer time.

Then all parts of the Friday prayer must be completed in time.

So, if the Dhuhr prayer time is tight, i.e. there is not enough time left to perform the obligatory parts of the Jumu’ah prayer, namely the two sermons and the two rak’ahs, then the Dhuhr prayer should be performed instead of the Jumu’ah prayer.

If the Dhuhr prayer time has expired, or the conditions of the Jumu’ah prayer are not fulfilled, i.e. the entire Dhuhr time has expired, either by yagin or conjecture alone. If the time for the Dhuhr prayer has expired, or the conditions of the Jumu’ah prayer have not been fulfilled, i.e. the entire Dhuhr time has expired, whether it is assumed or not.

If the congregation is in doubt about the time running out and they are in prayer, then they should complete the prayer as a Friday prayer according to the view of al Ashah.

The requirements for Friday prayer are three.

Some scholars have expressed it in terms of “conditions”.

The first and second are two khutbahs that the khatib does standing and sitting between them. Imam Mutawalli said: “That is, with the measure of thuma’ninah between the two prostrations.”

If the khatib is unable to stand up and he prays sitting down or sleeping on his side, then the ruling is valid and it is permissible to follow him even if one is unaware of the khatib’s actual condition. When the khatib delivers the sermon sitting down, he should separate the two sermons by pausing and not by sleeping on his side. As for the pillars of the khutbah, there are five: 1) praising Allah, 2) reciting the blessings of the Prophet (peace and blessings of Allah be upon him), and the words of both are specified.

The third one is the message of tagwa and its wording is not specific according to gaul al ashah, the fourth one is reciting a verse from the Qur’an in one of the two khutbahs, and the fifth one is praying for the male and female believers in the second khutbah.

A khatib is required to be able to give a hearing of the pillars of the khutbah to forty congregations who can validate the Friday prayer.

It must be muwalah between the sentences of the khutbah and between the two khutbahs.

If the preacher separates the words of the sermon for some reason, then the sermon is invalidated.

And in the performance of the two sermons it is required to cover the aurat, be pure from hadats and impurity in clothing, body and place.

The third of the fard obligations of the Friday prayer is that it should be offered in two rak’ahs by a group of people who can validate the Friday prayer. The word “thushalla” is pronounced with the first letter in dhammah.

This prayer is required to be performed after the two sermons, unlike the Eid prayer, because the Eid prayer is actually performed before the two sermons. The Sunnahs of the Friday prayer are four. The meaning of haiat has been explained earlier.

One of them is the ghusl for those who are going to attend the Friday prayer, whether they are men or women, free or slave, migrants or travelers.

The time for ghusl is from the break of the second dawn (fajr shadig). It is better to do ghusl when you are close to leaving.

If you are unable to do ghusl, then it is Sunnah to do tayammum with the intention of doing ghusl for the Friday prayer.

The second is to cleanse the body by removing bad odors from the body, such as body odor, so it is Sunnah to use items that can remove it, such as alum and the like.

The third is to wear white clothes, because in fact white clothes are the best clothes.

The fourth is to cut the nails when they are long, and to cut the hair when it is long. It is Sunnah to pluck the armpit hair, trim the moustache and shave the pubic hair.

And perfumed himself with the best fragrances he could find.

It is also recommended to be silent while listening during the khutbah.

There are some matters mentioned in the books that are extensively explained that are exempted from the mustahabb inshat.

Among them are warning a blind person who is about to fall into a well, and warning a person who is about to be bitten by a scorpion.

If a person enters the mosque while the imam is giving a sermon, it is Sunnah for him to offer two rak’ahs of voluntary prayer (tahiyyatal masjid) quickly and then sit down.

The author’s phrase, “the one who enters,” implies that the one who has been present since the beginning is not obliged to pray two rak’ahs, whether he has prayed the Sunnah Friday prayer or not.

From this understanding it is not clear that actually performing the prayer is haram or makrooh.

However, in his book Syarh al Muhadzdzab, Imam an Nawawi explicitly gives the haraam ruling, and he quotes the ljma’ on this matter from Imam al Mawardi.

MUHIMMAT IN THE FRIDAY PRAYER CHAPTER

1. Khutbah in Bahasa Indonesia

It is not stipulated that the Jumu’ah sermon be in Arabic, except for the pillars. With regard to anything other than the pillars of the sermon, it is permissible to use a language other than Arabic, especially if it is in the language of the place where the Jumu’ah prayer is being offered.

2. The Khatib is not the Imam of the prayer

Fatwa of Shaykh Muhammad Saleh ibn Ibrohim: It is makrooh for the khatib of Jumu’ah not to lead the prayer.

3. Reciting Salah Slowly for the Listeners of the Khutbah

It is mustahabb for the one listening to the khutbah to raise his voice when reciting the salutations on the Prophet (peace and blessings of Allaah be upon him), as well as when reciting the tarod’i for the Prophet’s Companions, so that he can hear himself. It is makrooh to raise his voice, because that will distract him from listening to the khutbah.

4. Women May Participate in Jumatan

For those who are not obliged to pray Jumu’ah, such as slaves, travelers and women, it is permissible to pray Jumu’ah instead of praying the Suhur prayer, and their Jumu’ah prayer is sufficient, even better.

5. Running a Charity Box During the Khutbah

It is makrooh to walk between the rows of the congregation in order to ask for a charity box or to bring drinking water, or to hand out invitation papers and give alms to the congregation, because that may distract the congregation from dhikr and listening to the khutbah.

6. It is not permissible for the preacher to point fingers during the sermon

I (Imam Ash-Shafi’i) like it when a preacher rests on something. And if he does not, then I like it when the preacher calms his hands and his whole body, and he should not play with his hands.

CHAPTER ON FEAST DAY PRAYERS

(Fasal) praying for the two festivals, Eid al-Fitr and Eid al-Adha, is Sunnah muakkad.

It is mustahabb to offer the Eid prayer in congregation for those who are alone, travelers, free men, slaves, huntsa and women who are not beautiful and do not have dzatul haiat'”,

As for elderly women, it is Sunnah to attend the Eid prayer wearing daily clothes without perfume.

The time of the led prayer is between sunrise and sunset. The led prayer is a two-rakat prayer, which is doing takbiratul ihram with the intention of praying Eid al-Fitr or Eid al-Adha and reciting the iftitah prayer.

In the first rak’ah, one recites takbir seven times in addition to takbiratul ihram, then recites ta’awudz, recites Surah Al Fatihah, and recites the Surah after Al Fatihah with a loud voice.

And in the second rak’ah recite takbir five times in addition to takbir for standing, then recite ta’awudz, then recite Surah Al Fatihah and Surah Igtarabat with a loud voice.

After performing two rak’ahs of prayer, it is sunnah to perform two khutbahs by reciting nine takbirs continuously at the beginning of the first khutbah, and reciting seven takbirs continuously at the beginning of the second khutbah.

If the two sermons are separated by recitation of tahmid, tahlil and praise, that is good.

Takbir is divided into two, takbir mursal, which is takbir that is not performed after prayer.

And takbir mugayyad, which is takbir, performed after the prayer.

The author begins by explaining the first takbir. He says: “It is Sunnah for every man, woman, homebound and traveler to recite takbir in houses, streets, mosques and markets, starting from sunset on the night of the feast day, which is Eid al-Fitr.

This remains until the imam begins to perform the Eid prayer.

It is not mustahabb to recite takbir after praying on the night of Eid al-Fitr.

However, in the book of al Adzkar, Imam an Nawawi prefers the view that takbir is Sunnah. Then the author begins to explain takbir mugayyad.

He said: It is Sunnah to recite Takbir on the day of Eid al-Adha after performing the obligatory prayers, ada’ and gadia’.

Likewise, after the rawatib prayers, absolute voluntary prayers and funeral prayers, from “Fajr on the day of Arafat until Asr at the end of the day”.

the days of Tasyrik (the 11th, 12th and 13th of Dhul Hijjah), the form of recitation of takbir is,

“Allah is great, Allah is great, Allah is great. There is no god but Allah. Allah is the Greatest. Allah is great, and all praise belongs only to Allah. Allah is great indeed. And all praise is due to Allah. Glory be to Allah in the morning and evening. There is no god but Allah, only Allah. Who has confirmed His promise, helped His servant, won His army and defeated His enemies by Himself alone.”

ECLIPSE PRAYER CHAPTER

(Fasal) The prayer for the solar eclipse and the prayer for the lunar eclipse, each of which is Sunnah muakkad.

If this prayer has been missed, it is not made up, i.e. it is not required to make it up.

It is Sunnah to pray two rak’ahs because of a solar eclipse and a lunar eclipse. It is to perform takbiratul ihram with the intention of praying for a solar eclipse.

Then after reciting the iftitah prayer and ta’awudz, reciting Surah Al Fatihah, bowing, then raising the head from bowing, then i’tidal, reciting the second Surah Al Fatihah, then the second bowing which is faster than the previous bowing, then the second i’tidal then prostrating twice by doing thuma’ninah in each of them. Then perform the second rak’ah with two stands, two recitations of Al-Fatihah, two rukes, two i’tidals and two prostrations.

This is the meaning of what the author says: “In each of the two rak’ahs there are two stands, and the recitation is prolonged in both of them, as will be seen below.

In each rak’ah there are two ruku’, and he does not say tasbeeh when he prostrates, so he does not say tasbeeh when he prostrates. This is one of the two opinions.

But according to the correct view, it is recommended that he should lengthen the tasbeeh in prostration to the length of the tasbeeh in his previous ruku’.

After the solar and lunar eclipse prayers, an Imam is recommended to recite two khutbahs like the two khutbahs of the Friday prayer in its pillars and conditions.

In both sermons, he encouraged people to repent of their sins and do good deeds such as charity, freeing slaves and others. 

A sunnah imam slows down his recitation during the solar eclipse prayer and loudens the recitation during the lunar eclipse prayer.

The time for praying the solar eclipse has expired because the eclipse has ended (the sun has returned to its normal state) and because the sun set in an eclipse. -And the time for praying the lunar eclipse has expired because the moon has returned to its normal state and because of the rising of the sun, not because of the rising of dawn and not because the moon set in an eclipse, so the time has not expired.

CHAPTER ON ISTISQA’ PRAYER

(Fasal) explains the rulings of the istisga’ prayer, which is asking Allah for rain.

The istisga’ prayer is recommended for residents and travelers when there is a need because it does not rain or the water source dries up and so on.

The sunnah istisga’ prayer is repeated two or more times if it has not rained until Allah swt gives them rain.

So the imam and his companions should order the people to repent.

It is obligatory for them to do what the imam tells them to do, as stated by Imaam An-Nawawi. Repentance from sin is obligatory, whether the imam commands it or not.

And it is commanded to give alms, get out of the forms of injustice against human servants, make peace with the enemy and fast three days before going out to perform the istisga’ prayer, so that with this day of going out the fast will be four days.

Then the imam went out with the people on the fourth day, fasting without perfume or adornment, and he went out in his everyday clothes. The word “bidzlah” is pronounced ba’ with a dot at the bottom and a dikasrah and dzal with a dot at the top and is pronounced sukun. “Tsiyab bidzlatin” are the everyday clothes that one wears while working.

And set out in peace, i.e. khushu’ and humble oneself and feel lowly in the sight of Allah.

And they set out accompanied by small children, elderly people, and livestock.

The imam or his assistant performs the two rak’ah prayers with them in the same manner as the prayers of the two festivals, starting with the recitation of iftitah, ta’awudz, reciting takbir seven times in the first rak’ah, and reciting takbir five times in the second rak’ah while raising his hands.

Then it is mustahabb for the imam to give two khutbahs, such as the two khutbahs for the prayers of the two festivals, in terms of their pillars and so on.

Rather he recites istighfar to Allah in both sermons instead of reciting takbir at the beginning of both sermons on the two festivals. So the imam should begin the first sermon by reciting istghfar nine times and begin the second sermon by reciting istghfar seven times.

The form of istighfar is, ,

“I ask forgiveness of Allah, the Most High, there is no god but He, the Living and the Ruling, and I repent to Him.”

Two khutbahs are performed after the two rak’ah prayers.

A priest should turn his shawl around. So he moves the right part to the left part and the top part to the bottom part.

And the whole congregation also flipped their shawl like the way the khatib did.

 A preacher should increase the number of prayers either with a low or loud voice. When the khatib lowers his voice, the congregation also prays by lowering their voices.

And when the khatib raised his voice, the congregation agreed with the khatib’s prayer. The khatib should also increase the recitation of istighfar. And he should recite the words of Allah Swt,

The khatib is also encouraged to pray the prayer recited by the Prophet (peace and blessings be upon him): “O Allah, make the rain that You will send down a rain of mercy,” and “do not make it a rain of punishment, a rain that takes away blessings, a rain of harm,” and a rain that destroys and drowns.

O Allah, give rain upon the great mountains, the small mountains, the places where vegetation grows, and into the ravines. O Allah, may you give us rain around us that is not harmful to us. O Allah, give us rain that is saving, pleasant, good, heavy, evenly distributed, plentiful, evenly distributed throughout the earth, evenly distributed – forever and ever until the Day of Resurrection. O Altah, give us rain, and do not make us of those who despair. O Allah, surely Your servants and regions are experiencing hardship, famine and deprivation for which we have no recourse except to You. O Allah, grow crops for us, bestow milk on us, send down the blessings of the heavens on us, bring forth the blessings of the burni on us, and remove from us afflictions that none other than You can remove. O Allah, verily we ask forgiveness of You, verily You are the Most Forgiving. So send down a heavy rain on us.” And when the rainwater in the ravines is flowing, it is Sunnah to bathe there and Sunnah to recite tasbeeh when there is thunder and lightning.

Because it is too long, this addition does not fit the circumstances of the matan book, which is concise. Wollahu a’lom.

CHAPTER ON KHAUF PRAYER (STATE OF EMERGENCY)

 (Fasal) explains the procedure for the khauf (state of fear) prayer.

The author isolates the explanation of this prayer not along with other prayers, because there are things that are tolerated in the performance of the fardiu prayer during khauf that are not tolerated when not in khauf.

There are several types of khauf prayers, enough to reach six types as found in the Sahih Muslim.

Of these, the author only describes three.

One of them is that the enemy’s position is other than the qiblah, and their number is relatively small while the number of Muslims is relatively large, approximately every group from the Muslim side can be comparable to the enemy.

So an imam divides the Muslim army into two groups, one group is in the direction of the enemy to monitor them, and one group stands behind the imam. So the imam performs one rak’ah prayer with the group that is behind him.

Then after finishing the first rak’ah, the group completes the rest of the prayer on its own, and when it is finished it goes straight to the enemy’s side to monitor it.

Then the other group comes, the group that monitors the enemy during the first rak’ah.

Then the imam performs one rak’ah together with the group.

When the imam is performing the tashahhud sitting, the group separates and completes the prayer on their own, then the imam waits for them and performs the salam with them. This is the form of prayer that the Prophet (peace and blessings be upon him) performed in the area of Dzatirriga’.

It is called by this name, because the Companions actually patched their flag there.

But some say there are other reasons.

The second form of khauf prayer is the position of the enemy in the direction of the qibla, in a place that can be seen by the Muslim’s sight.

The number of Muslim troops was large enough that it was possible to divide them. So the Imam divides them into two rows for example. The Imam performs takbiratul, ihram with all of them.

When the imam prostrates in the first rak’ah, one of the rows prostrates twice with him, while the other rows remain standing watching the enemy.

When the Imam raises his head, the other row prostrates and follows the Imam. The Imam performs tashahhud and salam with the two rows. This is the prayer performed by the Prophet (peace and blessings of Allah be upon him) in the area of ‘Asfan, which is a village on the route of the pilgrims coming from Egypt, and two marhalahs away from Makkah.

The area was given this name because there were too many large floods. The third form of khauf prayer is in times of great distress and war.

“iltihamul harbi” is a metaphor for the fact that the troops are so mixed that the bodies of some of them meet the bodies of others, so that they cannot avoid the battle and are unable to get off the vehicle if they are riding and are unable to turn away if they are walking.

So each troop prayed as they could, walking or riding a vehicle, facing the qiblah or not facing the qiblah.

They are forgiven for doing quite a lot of movements during prayer such as several continuous strokes.

CLOTHING CHAPTER

(Article) describes clothing.

It is forbidden for men to wear silk clothing and to wear gold rings in normal circumstances.

 It is also forbidden to use the items mentioned as a base and other forms of use. 

It is permissible for men to use items that have been described because of an emergency, such as heat or cold that is harmful.

It is permissible for women to wear silk and use it as a base. It is permissible for a guardian to wear silk on a small boy before and after the age of seven.

A little gold and a lot of gold, i.e. using it, are the same in their haram rulings.

When a garment is made partly of silk and partly of cotton, for example, it is permissible for a man to wear it so long as the silk does not exceed the other material.

Therefore, if there is more of something other than silk, it is permissible. It is also permissible if it is the same size – between silk and other materials according to the view of al ashah.

CHAPTER JENAZAH

(Fasal) explains the matters related to the deceased person, namely bathing, shrouding, praying and burying him.

With regard to the dead body of a Muslim who did not enter ihram and who is not a martyr, it is fardoo kifayah (collective obligation) to do four things, namely bathing, shrouding, praying and burying him.

And if the dead person is unknown except to one person, then all of the things mentioned above become fardlu ‘ain – (individual obligations) upon him.

As for the dead bodies of disbelievers, it is haraam to pray over them, whether they are kafir harbi or dhimmi.

However, it is permissible to wash and bury the bodies of the kafir dhimmi, not the kafir harbi and apostates.

With regard to the corpse of a person who is in ihram, when he is covered, it is not permissible to cover his head, and it is not permissible to cover the face of the corpse of a woman who is in ihram.

As for the corpse of a martyr, it is not offered for prayer, as the author explains in his words: There are two corpses that cannot be washed and cannot be offered for prayer.

One of them is a martyr in battle against the polytheists. He is the one who dies in battle against the disbelievers because of the battle.

Whether he is killed by a disbeliever absolutely, or by a Muslim by mistake, whose weapon hits him, or falls from his vehicle, or “his neighbor”.

If a person dies after the battle is over because of wounds sustained during the battle that would have caused him to die, then he is not a martyr according to the view of al-adhhar.

Likewise – it is not martyrdom if someone dies while fighting against the bughah (rebels), or dies in battle against the disbelievers but not because of the battle.

The second is a sigth (miscarried baby) that does not make a loud sound when it is born.

If the baby can make a sound or cry, then the law is like a corpse – an adult. 

Sigth with the letter sin, which can be read as three faces, is a baby that is born before it is fully formed. The word “sigth” is derived from the word “as suguth” which means to fall.

A corpse is washed for an odd number of times, three, five or more.

At the beginning of the washing, a bidara leaf is given, i.e. it is recommended for the person bathing to use a bidara leaf or a tamarind tree leaf in the first of the washings on the corpse.

At the end of washing a dead person other than one who is in ihram, it is mustahabb to add a little camphor, so as not to change the properties of the water.

You should know that the minimum amount of bathing a dead person is to cover his entire body with water once.

As for the most perfect bathing, it is explained in books that expand on it.

The corpse of a male or female, pubescent or not, is shrouded in three “white” pieces of cloth.

And they are all sheets of cloth of equal length and width, each able to cover all parts of the body.

And the shrouds do not include a kurung and surban.

If a male corpse is to be shrouded in five sheets, then three of these sheets, a kurung shirt and a surban should be used.

Or a female corpse is covered with five pieces of cloth, then using a jarik, veil, baju kurung and two pieces of cloth. .

The minimum amount of shroud is one piece of cloth that can cover the corpse’s ‘awrah according to the opinion of al ashah in the book of ar Raudiah and Syarh al Muhadzdzab. And the size varies according to the sex … male and female of the deceased.

And the shroud is taken from the type of cloth that a person used to wear when he was alive.

And a person recites takbir four times along with takbiratul ihram when praying for a dead person.

And if he makes five takbirs, then his prayer is not invalidated.

However, if the imam recites the takbeer five times, then he does not have to follow him, but either performs the greeting himself or waits for the imam and performs the greeting with him, which is preferable.

The one who performs the funeral prayer recites Surah Al-Fatihah after the first takbeer. And it is permissible to recite Al-Fatihah after any takbeer other than the first.

And recite the blessings of the Prophet after the second takbeer.

The minimum recitation of sholawat for the Prophet is, ,

And supplicating for the dead after the third takbeer. So he says, the minimum supplication for the dead person is, “O Allah forgive him.”

And the most perfect supplication is mentioned in the author’s words in some of the redactions of the book of matan, namely, “O Allah, verily this corpse is Your servant. and the son of two of Your servants. he has gone out of the pleasures and expanses of the world, from his loved ones and his lovers in the world to the darkness of the grave and what he will meet there. he testifies that there is no god but You, only You, there is no partner for You, and verily Muhammad is Your servant and messenger. You know him better than we do. O Allah, verily he has gone to You and You are the Lord of those who go to You. He has become a man in desperate need of Your mercy and You have no need to torment him. Indeed we come to You out of love for You and intercede for him. O Allah, if he is a doer of good, then increase his good. And if he is a person who does bad, then find him in Your pleasure because of Your mercy, protect him from the fitnah and torment of the grave, expand him in his grave, stretch the earth from his two stomachs, and because of Your mercy find him a sense of security from Your torment until you wake him up in safety to Your heaven, with Your mercy, O most gracious Lord”. After the fourth takbir he recites the prayer,

“O Allah, do not block his reward from us. And do not slander us after he dies. And forgive us and him”

The person praying for the dead person says the salam after the fourth takbir. The recitation of the salutations in this prayer is the same as the recitation of the salutations in other than the funeral prayer in its manner and number, but here it is recommended to add the words,

A corpse is buried in a luang hedgehog facing the qiblah. Lahd, with the lam reading fathah and diammah, and the ha’ reading sukun, is a section dug on the lower side of the grave in the direction of the qiblah approximately “the size that can fit and cover the corpse”.

Burying in the /fahd is preferable to burying in the shigg if the ground is hard.

The shigg is an excavation in the center of the grave that is shaped like a water ditch, built on both sides, the corpse is placed between the two sides and covered with raw bricks or the like. Before being inserted, the corpse is placed at the back/foot of the grave.

In some of the texts, after the words “facing the Qiblah”, there is an additional explanation.

That is, the corpse is lowered into the grave from the direction of the head, i.e. inserted: in a gentle way, not harshly.

The one who puts the dead body on the pillar of the lahd, the sunnah is to say, –

“in the Name of Allah. Don on the religion of Rosulullah sallallahu “olaihi wa sallam”

And the corpse is placed in the grave sleeping on its side after the grave has been dug as deep as the size of a person standing and waving his hands.

The side sleeping position is facing the qiblah and resting on the right side of the corpse’s stomach.

If the corpse was buried with its back to the qiblah or on its back, it must be exhumed and faced towards the qiblah, as long as the corpse has not changed.

The shape of the grave is leveled, not shaped like a camel’s hump, not built” and not tajshish, i.e. it is makrooh to tajshish the grave with limestone.

Jash is lime, which is called limestone. It is okay to cry over a dead body, before and after death.

But not crying is better. However, weeping for the dead should not lead to shouting and knocking, nor should it lead to tearing of clothes. In some of the texts, “jaib” is used instead of “tsaub”. Joib is the collar of kharnis (brackets).

It is Sunnah to offer mourning to the family of the deceased, whether they are children, adults, men or women, except for young women. It is not recommended to make ta’ziyah (mourning) to “young women” other than those who have a mahram relationship with her.

Sunnah ta’ziyah is performed before and after the funeral for up to three days from the time of the funeral, if the person being ta’ziyahed and the one being ta’ziyahed are not traveling.

If one of them is absent, then the period of ta’ziyah continues until his arrival.

Etymologically, ta’ziyah is consoling people who are affected by calamity because of their loved ones. And thermonolgy shara’a law is an order and encouragement to be patient by promising rewards and praying for the corpse to get forgiveness, and for the person affected by the disaster so that the disaster gets a good replacement.

It is not permissible to bury two people in the same grave unless there is a necessity, such as lack of space and too many people dying.

MUHIMMAT IN THE CHAPTER ON CORPSES

1. Saying the words At-Thayyibah While Carrying the Janazah

Ibn Ziyad al-Yamani said in his book of Fatawa: “Indeed, the calamity of religion has become widespread, which is what we see at the time of the mourning of the dead, when the pilgrims accompanying the dead are busy with worldly talk, and sometimes this leads to gossip among them, so the preferred view is to occupy their ears with dhikr, which serves to eliminate or minimize the talk among them.

2. Writing Names on Grave Markers

From the words of the scholars: “It is mustahabb to put something on the grave that will make it known,” it can be understood that the ruling is mustahabb according to the need, especially on the graves of the saints and the righteous, because the grave will not be known unless a name is put on the tombstone, after many years have passed.

3. Watering the Grave with Water

Comment: It is mustahabb to water the grave with water, because the Prophet (peace and blessings of Allaah be upon him) did that for the grave of Sa ad ibn Mu’ad. Ibn Majah.

4. Pentalgin Sitting Position

In fact, it is mustahabb to sit for the one who is doing the talmud, and it is not mustahabb for anyone else, because the one who is doing the talmud sitting is closer to hearing the deceased when he is being talmudded.

5. Shi’ah praying without ablution is not correct

Comment: Al-Shafi’bi, Muhammad ibn Jarir al-Thobary and al-Shi’ah said: It is permissible to offer the funeral prayer without purifying oneself, even if one can do wudoo’ or tayammum, because the funeral prayer is only to pray for the deceased. The author of al-Hawi and others commented that the view expressed by al-Shafi’bi above is an opinion that could undermine the consensus of the scholars, so it is not permissible to follow it.

6. The Correct Position for the Prayer of the Dead

Comment: It is mustahabb for the non-members, i.e. the imam and the munfarid, to stand on the same level as the head of a male corpse, even if it is a child, and on the same level as the buttocks of a female corpse, even if it is a small woman or a khuntsa corpse.

7. Weeping over the dead

It is permissible to mourn the dead, even with a loud voice, if it is not accompanied by hysterical screaming, slapping the cheeks, tearing the clothes, asking for harm, destruction or other actions that are forbidden by the noble Shari’ah.

8. Corpses that may be Tayammumi

If it is difficult to bathe the deceased, because there is no water or something else, such as burning, and if bathing causes the skin of the deceased to fall off, then the deceased must be buried, and when burying the deceased it is mustahabb to have the same intention as when burying him.

9. Purpose of Cotton

It is mustahabb to put cotton on all the orifices of the deceased’s body, whether they are real or not (orifices caused by wounds etc.), and all the seven prostrate members, because it is to honor the maya.

A BOOK ON THE RULINGS OF ZAKAT

Zakat is etymologically developed. And in terms of shara’a law terminology is the name of certain assets taken from certain assets in a certain way and given to certain groups.

Zakat is obligatory in five cases.

These five things are livestock. If the author had said “an na’am”, that would have been better because “an na’am” is more specific in scope than “al mawashi”, and the discussion here is on livestock, which is more specific.

And – secondly -al atsman (currency). What is meant by atsman is gold and silver.

And the third is zuru’ (agricultural produce). What is meant by az zuru’ is basic foodstuffs. The fourth and fifth are fruits and merchandise.

Each of the five will be explained in detail. As for livestock, it is obligatory to pay zakaah on three of them: camels, cows and goats.

Hence, zakaah is not due on horses, slaves and animals that are born as a result of the mating of a sheep and a deer.

There are six conditions for zakaah on livestock. In some of the texts it is expressed in the words “six khishal”.

Namely 1) Islam. So zakat is not obligatory for the original disbeliever.

With regard to the apostate, according to the correct view, his wealth should be deferred. If he reverts to Islam, then he must pay zakaah. If he does not, then it is not obligatory.

The second condition is freedom, so zakaah is not obligatory for a slave.

As for the muba’ad slave, he is obliged to pay zakaah on the wealth that he owns with part of his free will.

Thirdly, perfect ownership, i.e. weak ownership is not obligatory for zakaah, such as goods that have been bought but not yet received, so zakaah is not obligatory, as indicated by the author’s statement following Oaul Oadim, but according to Oaul Jadid, zakaah is obligatory.

4) it has reached one nishab, and 5) it has reached one year. So, if each of these is less than the limit, then zakaah is not obligatory.

The sixth is saum, which means grazing on permissible grass.

If the livestock is fed for a longer period than a year, zakaah is not due on it.

If the livestock is fed for half a year or less with a level of food that the livestock can live without without any obvious negative effects, then zakaah is due on it. Otherwise, zakaah is not due.

As for atsman (currency), it is obligatory on two items: gold and silver, whether they are minted or not. The nisaab will be explained later.

The conditions for zakaah being obligatory in atsman are five: 1) Islam, 2) freedom, 3) full ownership, 4) nishab and 5) reaching one year. And all of them will be explained in the back.

As for az zuru’, it is obligatory to pay zakaah on it under three conditions. What the author means by az zuru’ is staple foodstuffs, such as white wheat, red wheat, soybeans and rice, as well as foodstuffs that strengthen the body and are consumed under normal circumstances, such as corn and beans.

The conditions are 1) the agricultural product is a crop grown by the son of Adam.

If it grows on its own because it is carried by water or wind, zakaah is not due on it.

The 2-yields include ingredients, the staple food of which is strongly stored.

We have just explained the definition of “staple food”. The language “staple food” excludes agricultural products that are not made into staple food, i.e. seasoning crops such as al kammun (spices). -The third condition is that it must reach a nishab, which is five wasags without skins. c And in some of the redactions of the matan, the language “must reach five wasags” is used, and the word “nishab” is not included.

As for fruits, there are two kinds of fruits that are obligatory for zakaah. | They are dates and grapes. What is meant by these two fruits are dried dates and dried grapes.

The conditions of zakat obligation on fruits are four: 1) Islam, 2) freedom, 3) complete ownership, and 4) mnishab.

If one of these conditions is not met, then there is no obligation to pay zakaah.

As for merchandise, it is subject to zakaah under the conditions mentioned in zakaah on currency.

Tijarah (trade) is the turning over of wealth for the purpose of making a profit.

CHAPTER ZAKAT ONTA

(The initial nisaab of camels is five, of which one sheep must be expelled, either a jadz’atudla’nin sheep that is one year old and has reached the age of two, or a tsaniyatu ma’zin sheep that is two years old and has reached the age of three.

In the words of the author, “with ten camels, two sheep are obligatory. With fifteen camels it is obligatory to give three goats. In twenty camels, four goats are obligatory. In twenty-five camels, one bintu makhadi camel is obligatory. In thirty-six camels, one bintu labun is obligatory. In forty-six camels, one higgah camel is obligatory. In sixty-one camels, one jadz’ah camel is obligatory. In seventy-six camels, two bintu jabun camels are obligatory. In ninety-one camels, two higgah camels are obligatory. And in one hundred and twenty-one camels, three bintu labun camels are obligatory.” And until the end, that is clear and does not need to be clarified.

Bintu makhad is a camel that is one year old and two years old. Bintu labun is a camel that is two years old and three years old.

Hiqqah is a three-year-old camel that has reached the age of four.

Jadz’ah are camels that are four years old and five years old. As for the author’s words “then in every forty camels, one bintu labun camel must be brought out, and in every fifty camels, one higgah camel must be brought out”, this means that after nine camels were added to the total of one hundred and twenty-one, and after these nine camels were added, ten more camels were added, bringing the total to one hundred and forty camels, then the count became definite, i.e. in every forty camels, one bintu labun camel must be brought out, and in every fifty camels, one higgah camel must be brought out. So in one hundred forty camels, two higgah camels and one bintu labun camel are required, and in one hundred fifty camels, three higgah camels are required. And so on.

CHAPTER ZAKAT SAPI

(Fasal) The initial nisaab of cattle is thirty heads.

It is obligatory to offer one tabi’ cow, which is a calf that is one year old and has reached the age of two. And some of the texts use the language “within the nisaab”.

It is called tabi, which means one who follows, because it follows its mother in the pasture.

If the owner gave zakaah on a female tabi’ cow, that would be sufficient.

In forty cows, it is obligatory to exclude one musinnah cow that is two years old and has reached the age of three.

It is called musinnah because its teeth are complete.

If the owner gives zakaah on two tabi’ cows out of forty cows, that is sufficient according to the sound opinion.

And on this count, equalize forever. In one hundred and twenty cows, three cows of musinnah or four cows of tabi” are obligatory.

CHAPTER ON ZAKAAH ON GOATS

(Fasal) The initial nisaab of sheep is forty heads.

It is obligatory to offer one jadz’ah goat of the sheep species, or one tsaniyah goat of the pea goat species.

And we have explained the meaning of jadz’ah and tsaniyah. With regard to what the author said: “In one hundred and twenty-one sheep, two sheep are obligatory.

In the case of two hundred and one sheep, three sheep are obligatory. And in four hundred and four sheep, four sheep are obligatory.

Then for every hundred sheep, one sheep must be added.” By the end of what he said, it was clear and did not need to be explained.

CHAPTER ON JOINT LIABILITY COMPANY ZAKAT

(Fasal) Two people who mix their property have to pay zakaah on their property as if they were paying zakaah on one person.

As for the phrase “yuzakkiyani”, it is pronounced with a kasrah kaf. Khulthah (mixing wealth) can sometimes be mitigated for two people who are partners, e.g. if they own eighty goats with equal shares between them (each owns forty goats), then they only have to give one goat.

And sometimes it is burdensome for both of them, for example, if they have forty sheep with equal shares between them (each of them has twenty sheep), then both of them have to pay zakaah on one sheep.

And sometimes it may be easier for one of them and harder for the other, for example, both of them own sixty goats, with one of them owning a third of them (twenty) and the other owning two-thirds (forty),

And sometimes it is neither lenient nor burdensome, such as both of them owning two hundred goats with equal shares between them (each of them owns one hundred).

Two people who mix their wealth can only pay with one person’s zakaah if seven conditions are met.

That is, when, and in some of the wording of the text, “if there is”, the cage becomes one.

The word “al murah”, with the mim read in diammah, refers to the place where livestock go at night. The masrah is one. What is meant by al masrah is the place where livestock are gathered.

And the shepherd and the herdsman are one. And the male is also one, that is, the cattle are one kind.

If the species are different, for example sheep and pea goats, then it is permissible for each of the two people to have their own stud: the one who will marry the livestock.

The masyrab is one, i.e. the place where the cattle drink, such as a stream or river. With regard to what the author said: “the milkman is one”, this is one of the two opinions concerning this matter. The view that is correct does not require the milkman to be one.

Likewise, al mihlab, with its kasrah mim, must be one, which is the container used for milking. The milking place must also be one.

The word “al halab” has the lam in fathah.

Imam an Nawawi narrated the reading of the sukun of the letter lam in the phrase “al halab”, which is “the name of the milk that is milked. And it is used with its masdar meaning. Some scholars said that this is what is meant here.

CHAPTER ZAKAT GOLD

(Fasal) The nisaab of gold is twenty mithgal, calculated with certainty with the scales of Makkah.

A mithgal is one over three-sevenths of a dirham.

In one nnishab of gold, zakaah is due on one-fourth of one-tenth of the total amount of gold. This is half a mithgal.

With regard to the amount of gold that is more than twenty misgal, it is according to the percentage, even if the excess is only a little.

CHAPTER ZAKAT ON SILVER

The nishab of a wariq, with the kasrah of the letter ra’read, is two hundred dirhams.

Wariq is silver. In this nishab, it is obligatory to give one-fourth of one-tenth of the total amount, which is five dirhams.

With regard to the excess of two hundred dirhams, he must pay the rate according to his count, even if it is only a little extra.

Zakaah is not due on gold or silver mixed objects unless their pure value reaches the minimum threshold. There is no zakaah due on jewelry that is permissible to use. With regard to jewelry that is haraam, such as bracelets and anklets worn by men and khuntsa or transvestites, zakaah is due on them.

CHAPTER ZAKAAH ON AGRICULTURAL PRODUCE AND FRUITS

(Fasal) The nisaab of agricultural produce and fruits is five wasag.

Ausaq comes from wasag, which is masdar and means to gather, because wasag actually gathers several sho’.

Five wasaq is one thousand six hundred rithis of the country of Iraq. In some of the wording of the matan, “the city of Bagdad” is used. And the excess of the rate is adjusted according to the count.

One rithl of Baghdad, according to Imam An-Nawawi, is one hundred and twenty dirhams over four and one-seventh dirhams.

With regard to agricultural crops and fruits, zakaah is due on one-tenth of the total amount if they are irrigated with celestial water, i.e. rainwater and its equivalents such as snow, or with floodwater, i.e. water that flows over the surface of the earth because the rivers are full and cannot contain it, so the water rises to the surface and irrigates the crops.

If it is irrigated by means of a daulab, which reads diammah and fathah on the dalnya, i.e. a device that is twirled by an animal, or if it is irrigated by drawing water from a river or well using animals such as camels or cows, then zakaah is due on half a tenth of the total amount.

With regard to agricultural crops and fruits that are irrigated with rainwater and other similar crops for the same amount of time, zakaah is due on three and a quarter tenths of the total amount.

CHAPTER ZAKAT ON MERCHANDISE

(Fasal) The trading asset is calculated at the end of the year in the currency in which the first capital was purchased. Whether the first capital asset reaches the minimum threshold or not.

If the accumulated wealth at the end of the year reaches one nishab, zakaah must be paid on it.

If not, then zakaah is not required. After calculating the amount of merchandise that reaches the nisaab, zakaah is due on one-fourth of one-tenth of the total amount.

CHAPTER ZAKAAH ON MINING AND TREASURE

If wealth is extracted from gold and silver mines, one-quarter of one-tenth of the proceeds must be zakaah immediately, if it reaches the minimum threshold.

If the person who took the mine is one of those who are obliged to pay zakaah.

Ma’adin, which is the jamaa’ of ma’dan and reads fathah or kasrah with the initial letter, is the name for a place of mining created by Allah, the Almighty, whether the land is unowned or owned. If one finds treasure from rikaz, which is the treasure of the pre-Islamic Arabs who were ignorant of Allah, His Messenger and the laws of Islam, then one-fifth – of the total amount – is obligatory.

The one-fifth is allocated according to the allocation in zakaah according to the popular tradition.

The opposite view is that the fifth is to be given to those who are entitled to receive the khums mentioned in the fai’ verse.

CHAPTER ON ZAKAT FITRAH

(Fasal) It is obligatory to pay zakat al-fitr on three conditions.

Zakat al-fitr is expressed – in the language of “zakat fithrah” – to mean the zakat of the body.

1) Islam. So zakat al-fitr is not obligatory for the original disbeliever except for slaves and their Muslim families.

2) Because of sunset on the last day of Ramadan.

If that is the case, then zakaat al-fitr is obligatory on the one who dies after sunset, not on the child who is born after sunset.

3) there is a surplus of wealth. This means that a person has a surplus of food for himself and his family on that day, meaning that on the day of Eid al-Fitr, as well as in the evening.

A person is obliged to pay zakaah for himself and those whom he is obliged to support who are Muslims.

So the Muslim does not have to give zakat al-fitr on behalf of slaves, relatives and wives who are disbelievers, even if he is obliged to provide for them.

When a person is obliged to pay zakat al-fitr, he must give one saa’ of the staple food of his region, if he is a resident of a country. If there are a number of staple foods in his area, but some of them are more dominant, then he must give some of them.

If a person lives in a forest where there is no staple food, then he must give zakaah on the staple food of the area closest to him. If a person does not have more than one sho’ of staple food, but only a few sho’, then he must give some of that sho’. A sho’ is five riths, more than one-third of the Iranian rithl. The Irag rithl has been explained in the chapter “The Nishab of Zuru'”.

CHAPTER CLASSES OF ZAKAT RECIPIENTS

(Zakat is to be given to the eight categories mentioned by Allah Swt in His Noble Book in His words, “Sadaqah only – should be given to the poor, the needy, those who process sadaqah (zakat), those whose hearts are softened, slaves, gharim, sabilillah, ibn sabil” ila akhir.

These words of Allah Swt are clear and do not need to be explained anymore except for the explanation of these categories. The faqir in zakaah is the one who has no wealth and no job that can fulfill his needs.

As for the one who is fagir in the discussion of araya, then he is the one who does not have nugud (money).

A poor person is someone who has property or a job, each of which is somewhat sufficient but still lacking,

Like a person who needs ten dirhams but he only has seven dirhams.

Amil is a person employed by the imam to collect alms and hand them over to the rightful recipients.

Mualaf qulubuhum, this group has four parts.

One of them is the Muslim muollaf, which is a person who has just entered Islam and his intentions are still weak in Islam, so he is softened by giving zakat to him.

The other parts are explained in books that are extensive in their discussion. Wafirriqab, these are the mukatab slaves who made a valid kitabah contract.

As for the mukatab slave who made an invalid kitabah contract, he is not given from the share of the mukatab slaves. Gharim are of three types.

One of them is the one who owes a debt in order to reduce temptation between two groups in the case of a murdered person whose killer is not clear, so he bears the debt for that reason.

So the debt is repaid from the gharimin’s share, whether he is rich or poor.

Gharim can only be given a share when the debt still exists.

If he has paid off the debt from his own wealth or has given away his wealth since … the beginning, then ja is not given from the gharimin’s share.

The other parts of gharimin have been explained in the books that have been expanded upon.

As for sabilillah, then they are warriors who do not have a definite share in the country’s ledger, rather they fight voluntarily only for the sake of Allah’ SWT.

As for ibn sabil, he is someone who is traveling from the area where zakaah is being processed, or passing through it.

Ibn sabil is required to be in a state of need and not – committing an act of disobedience.

As for the author’s words “and given to those who are found among the eight categories”, they indicate that when some categories are absent and only some of them exist, zakaah is allocated to the existing categories.

If none of them are available, then the zakaah is kept until all or some of them have been found.

It is not permissible to give zakaah to less than three people from each of the eight categories. With the exception of the amil, the amil may be given to only one person if there is sufficient need.

If zakaah is only given to two people from each group, then it is obligatory to compensate the third person with at least something of value.

Some are of the opinion that the third person should be compensated for one-third of what was given to the first two.

There are five groups to whom it is not permissible to give zakat.

That is 1) a person who is rich in wealth or work. And 2) a slave (who is not a mukatab slave).

3) Banu Hashim and Banu Muthallib. Either they do not accept their right from the “khums share”, or they accept.

Likewise, slaves who were freed by them (Banu Hashim and Banu Muthallib), it is not permissible to give zakat to them.

And it is permissible for each of them to accept voluntary charity according to popular usage.

And 4) the disbelievers. And in some of the wording of the text it says: “It is not valid to give zakaah to the disbelievers”.

5) It is not permissible for the one who gives zakaah to give zakaah on behalf of the poor and needy to spend on them.

It is permissible to give zakaah to them as if they were warriors or gharim.

MUHIMMAT IN THE ZAKAT CHAPTER

1. Imam Ooffal’s opinion on Sabilillah

Imam al-Qoffal narrated from some of the scholars of jurisprudence that it is permissible for them to distribute zakaah to all forms of good, including shrouding the dead, building forts and building mosques, because the word of Allah (swt) is general and applies to all forms of good.

2. Teachers & Clerics Can Receive Zakat

It is permissible to give zakaah to Qur’an reciters, scholars, teachers and other people who benefit the ummah, even if they are rich, because they benefit the ummah as a whole, and they are the ones who keep Islam alive, as Ibn Rushd and Imam al-Lakhmi have explained.

3. Why Mosques Don’t Accept Zakat

 The mosque is not entitled to receive zakaah money absolutely, because zakaah should not be allocated except to free Muslims.

4. Prohibition of Selling Zakat Assets

As-Habuna said: It is not permissible for the imam or the person collecting zakaah to sell zakaah money when he is not forced to do so; rather he is obliged to give the zakaah money to the mustahiqs.

5. Santri Can Also Receive Zakat

If a person is able to earn zakaah, but he is busy with learning the knowledge of sharee’ah, and if he focuses on earning zakaah he will be distracted from earning knowledge of sharee’ah, then it is permissible for him to receive zakaah according to the well-known scholarly view.

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6. Zakat with Money Khilaf

Imam Abu Haneefah allowed giving from these goods by using his tin in the form of dirhams, dinars, coins, gold and silver or whatever he wants, because the essence of zakat is to provide for the poor. According to the Shaafa’is, it is obligatory to give zakat al-fitr on the staple food of the region.

7. Criteria for Crops Subject to Zakat

According to the madhhab of Abu Hanifah, zakaah is due on all produce from the earth, except firewood, bamboo and dry grass. And according to him, these things do not count whether they have reached one nishob or not. Meanwhile, according to Imam Ahmad, it is obligatory to pay zakaah on all things that can be measured or weighed and staple foods that can be stored, and must have one nishob. And finally, according to Imam Malik’s madhhab, the opinion of Imam Shafi’i is the work of Al-Qolaid.

8. Ruling on Transferring Zakat

There is a difference of opinion among the scholars concerning the transfer of zakaah. According to the most correct view in the Shafi’i madhhab, it is forbidden to transfer zakaah to another area, if there are people who are entitled to receive zakaah in that area. But according to the majority view that it is permissible to transfer zakaah, this is the madhhab of Imam Abu Haneefah (may Allah have mercy on him) and a group of scholars from the mujtahids, among whom was Imam al-Bukhaari.

9. Mandatory Combination of Crops in One Year

The results of two crops that are within one year (twelve months) must be collected together if the harvesting of both falls within one year.

10. Crops Emancipated Subject to Zakat

If the buyer buys the dates after they have improved, the seller must pay zakaah on them.

11, Shares and checks subject to taxation

The majority of jurists regard zakaah as obligatory on valuable paper, because it is like gold and silver in transactions.

12. Pesantren cash is not subject to taxation

It is not obligatory to pay zakaah on funds that are owned by the mosque, because the mosque is not free, but the ruling is like that of a free person in the nature of ownership.

13. The stolen wealth was intended to be Zakat

If a person steals someone else’s property, then the person from whom the property was stolen intends to use it as zakaah, then the owner is free from zakaah.

14, Zakat for donating to celebrations

According to the scholars, it is permissible to give zakaah to someone who does not know that it is zakaah property, because what counts is the intention of the owner. This view is justified if there is nothing to distract the recipient from it, and if there is some other motive, such as the recipient having some other motive, then the ruling is not sufficient.

15. Between Debt and Obligatory Zakat

It is obligatory to pay zakaah even if he has debts that may deplete his wealth.

-Ghoyali said in Alihya’: If a person has debts that will deplete his wealth, zakaah is not due on him, because in that case he would not be rich.

16. Fertilizer Costs Have No Effect on Zakat

Fertilization and cultivation do not change the zakaah, i.e. if the cost of watering is incurred then the zakaah is 5%, otherwise the obligation is one-tenth (10x).

THE BOOK ON THE RULINGS OF FASTING

The words shiyam and shaum are two masdar words, both of which etymologically mean restraint.

And in terms of shara’ law, it is to refrain from things that invalidate the fast with a certain intention during the daytime that can accept fasting from Muslims who are sensible and pure from menstruation and nifaas.

With regard to the conditions of fasting, there are three things. And in some of the texts there are four.

Namely 1) Islam, 2) puberty, 3) reasoning and able to fast.

And this (being able to fast) is not included in the wording that says that there are three conditions.

So fasting is not obligatory for the one who has the opposite trait.

There are four things that are obligatory for fasting. One of them is the intention in the heart.

If it is a fard fast, such as Ramadlan or a vowed fast, then the intention must be made at night.

And it is obligatory to determine the fasts that are done in the fard fasts, for example the fast of Ramadan.

The most perfect intention for fasting Ramadan is for a person to say, “I intend to fast tomorrow to fulfill the obligation of Ramadan this year for the sake of Allah.”

The second fard is to refrain from eating and drinking, even if it is only a little, and this is when there is an element of deliberation.

If a fasting person eats food while forgetting or not knowing the ruling, then his fast is not invalidated if he is a new convert to Islam or lives far from the scholars. Otherwise, his fast is invalidated.

The third Fard is to refrain from having intercourse intentionally.

With regard to having intercourse when one forgets to fast, this comes under the same ruling as eating when one forgets, meaning that the fast is not broken.

The fourth Fard is to refrain from vomiting deliberately. If he is forced to vomit, then – his fast is not invalidated.

There are ten things that invalidate a fast.

The first and second are something that enters intentionally into an open or unopened bodily orifice such as entering the head from a penetrating wound to the brain.

What is meant is that the fasting person must prevent anything from entering the part of the body called the jauf (orifice).

The third is al hugnah (injecting) in one of the genitals and anus. – Hugnah is medicine that is injected into the sick person’s body through the genitals or anus, which is expressed in the matan as “sabilaini (two ways)”.

The fourth is vomiting intentionally. If it was not intentional, then the fast is not invalidated as explained.

The fifth is intentional biological intercourse in the vagina.

So one’s fast is not invalidated by having intercourse in a state of forgetfulness, as explained above.

The sixth is inzal, which is the emission of semen due to skin contact without having intercourse.

Whether the emission of sperm is haraam, such as emitting sperm with his own hand, or not haraam, such as emitting sperm with the hand of his wife or slave girl.

With the language “because of skin contact”, the author excluded the emission of sperm because of wet dreams, so it certainly does not break the fast.

The seventh to the end of the tenth are menstruation, nifaas, insanity and apostasy.

If a person experiences this in the middle of fasting, it invalidates his fast.

There are three things that are recommended in fasting.

One of them is to break the fast as soon as the fasting person has seen the sun set.

If he is undecided, then it is not permissible to break the fast immediately.

It is recommended to break the fast with dried dates. If you cannot find dried dates then break the fast with water.

The second view is to delay the Suhoor meal so long as there is no doubt as to whether the time for Fajr has begun. If this is not the case, then one should not delay eating Suhoor.

And the sahur rituals can be achieved by eating and drinking little.

The third is not to speak foul language.

So the fasting person should guard his tongue from telling lies, backbiting others and others, for example criticizing others.

If someone insults him, then he should say two or three times, “Indeed I am fasting.” Sometimes he should say it verbally, as explained by Imam An-Nawawi in al Adzkar.

Or by heart as narrated by Imam ar Rafi’i from the Imams, and only saying it in the heart.

It is haraam to fast on five days. Two of them are the days of Eid al-Fitr and Eid al-Adha. And on the days of Tasyrik, which are the three days after the sacrifice (11th, 12th, 13th of Dhul-Hijjah).

It is makrooh tahrim to fast on the day of doubt (the 30th of Sha’baan) without a reason that requires fasting on that day. The author hints at some of the instances of this reason by saying: “unless his custom of fasting coincides with that day”.

For example, if a person is in the habit of fasting one day and not fasting one day, then his fasting day coincides with a day of doubt. It is permissible for a person to fast on a day of doubt in order to make up for a missed fast or a vowed fast.

The day of Sha’baan is the thirtieth day of Sha’baan when the moon of the first day of Ramdhan was not sighted on the previous night, even though the sky was clear, and people were talking about sighting the moon, but no righteous person was known to have seen it, or those who testified that they had seen it were children, slaves or disbelievers.

Whoever has biological intercourse during the day in Ramadan, intentionally doing so in the vagina, and he is a person who is obliged to fast, and has the intention of fasting at night, is guilty of a sin.”

If she had intercourse because she was fasting, then she has to break her fast and offer expiation.

The expiation is to free a believing slave. In some of the wording of the matan, it is explained that it is “a slave who is safe from defects that could interfere with working and doing activities.”

If he cannot find a slave, then he must fast for two consecutive months.

If you are unable to fast for two consecutive months, then you must feed sixty poor people or fagirs. Each of them is to receive one mud, meaning any staple food that is sufficient to be included in zakat al-fitr.

If he is unable to do all of them, then the expiation remains on him. If after that he is able to do one of them, then it is obligatory for him to do it.

If a person dies and still owes a fast in Ramadaan that he missed because of an excuse, such as one who broke his fast because of sickness and did not have time to make it up, for example because his sickness continued until he died, then he does not have to make up the fast that he missed, and he does not have to offer a fidyah.

If the fast was not owed because of an excuse, and he died before he could make it up, then it is obligatory to give him food in lieu of the fast. This means that the guardian is obliged to spend on the dead person from his estate. Each day that was missed is to be replaced by one mud of staple food.

A mud is one rithl more than one-third of a rithl of the city of Bagdad. And by measure is half the measure container of Egypt.

What the author has mentioned is Jadid slang.

According to Gaul Oadim, it is not necessary to give basic foodstuffs, rather it is permissible for the guardian to fast as a substitute for the deceased; in fact, it is mustahabb for a guardian, as stated in Sharh al Muhadzdzab.

And in the book of ar Raudlah, imam an Nawawi confirmed the stability with the opinion of gaul Oadim.

Old men, elderly women, and sick people who have no hope of recovery, when each of them is unable to fast, it is permissible not to fast and to give one mud of staple food as a substitute for each day.

It is not permissible to give precedence to the payment of mud before Ramadan begins, and it should only be paid after dawn breaks each day.

For pregnant and breastfeeding women, if they fear that they will harm themselves by fasting in the same way that a sick person would, then it is permissible for them not to fast and they must both make up the fast.

If both of them fear for their children, meaning fear of miscarriage for pregnant women and lack of milk for breastfeeding mothers, then

It is permissible for both of them not to fast, and they have to make up the missed fasts and offer expiation.

The expiation is that one mud must be spent every day. One mud, as has been explained, is one rithl more than one-third of an Irag rithl. It is equivalent to the city of Baghdad. If a person is sick or traveling long distances, which is permissible, if he finds it difficult to fast, then it is permissible for both of them not to fast and it is obligatory to make up the fast.

For the sick person, if his sickness persists, then it is permissible for him not to intend to fast at night.

If his sickness is not continuous, such as having a fever at one time and not at another, but at the time when he starts fasting (in the morning) “his fever” comes back, then it is permissible for him not to intend to fast at night.

If that is not the case, then he must make the intention at night. Then if the fever comes back and he needs to break the fast, then it is permissible for him to break the fast.

The author does not explain about voluntary fasting. And voluntary fasting is mentioned in books that are expanded upon.

Among them are the fasts of Arafat (9 Dhul Hijjah), Ashura’ (10 Muharram), Tasu’a’ (9 Muharram), Ayyamul Bidi (the days of light, namely the 13th, 14th, 15th, other than the month of Dhul Hijjah, for the month of Dhul Hijjah are the 14th, 15th and 16th), and fasting six days in Shawwal.

CHAPTER I’TIKAF

(Fasal) explains the rulings of i’tikaf. i’tikaf etymologically means to stay on something good or bad.

And in terms of the terminology of shara’ law is silence in the mosque with certain characteristics. i’tikaaf is sunnah which is recommended at all times. i’tikaaf in the last ten days of Ramadan is better than i’tikaaf on other days, because it is to seek Lailatul Aadar (the night full of glory).

According to Imam Ash-Shafi’i (may Allah be pleased with him), the Lailatul Oadar is only on the last ten days of Ramadan. On any of these nights it is possible to have Lailatul Oadar, but on the odd nights it is more probable.

The odd nights that are most desirable are the twenty-first or twenty-third night. i’tikaf as explained above has two conditions. One of them is the intention.

In i’tikaf for vows, he must make a fardlu intention or a vow intention.

And the second is to dwell in the mosque. In silence, it is not enough to be limited to approximately the time of thuma’ninah, rather it must be added to the extent that the silence is called silence.

The conditions of the person who does I’tikaf are that he must be Muslim, have perfect intellect, and be free from menstruation, nifaas and jinabah. So I’tikaf is not valid for disbelievers, insane, menstruating, postpartum, and junub people.

If the one who is doing i’tikaaf apostatizes or gets drunk, then his i’tikaaf becomes invalid. It is not permissible for the one who is observing nadzar to leave i’tikaaf unless there is a human need, such as urinating, defecating, and other things that are similar to them, such as taking a janaabah bath.

Or because of the excuse of menstruation or postpartum bleeding. So a woman has to leave the mosque because of either of these.

Or because of sickness that makes it impossible to stay in the mosque.

With the illustration that he needs a mat, a servant, and a doctor. Or he is worried about polluting the mosque, for example, if he is sick with diarrhea and loose stools.

With the author’s phrase “it is not possible to stay in the mosque” until the end of his words, excluding minor illnesses such as a mild fever, it is not permissible to leave the mosque because of this illness.

‘tikaf is invalidated by having biological intercourse of one’s own free will while remembering that one is doing i’tikaaf and knowing that it is forbidden.

With regard to skin-to-skin contact with lust by the one who is doing i’tikaaf, it invalidates his i’tikaaf if he ejaculates. But if he does not ejaculate, it does not invalidate his i’tikaaf.

MUHIMMAT IN THE BOOK OF FASTING & I’TIKAF

1. Recommended Intention for the Whole Month

If a person intends to fast the first night of Ramadan with the intention of fasting the whole month, then his intention is not sufficient for anything other than the first day. Our teacher (Ibn Hajar) said: But it is better to do that, so that the fast on the day that one forgot to intend is valid according to Maalik’s madhhab.

2. Cigarettes Break the Fast

The exception is cigarettes, because cigarettes are an innovation that is gabihah, so the fast is invalidated by smoking a cigarette.

3. Waterlogged Bathing Habit

If the bathing water reaches the orifices of both ears by diving, then if it is customary for the water to reach the inner parts of the ears, then the ruling is invalid, otherwise it is not invalid.

4. Earache Remedy

(If a person is tested in the form of an earache, and the pain cannot be alleviated except by putting medicine mixed in oil or cotton wool into his ear, and after treatment the pain is alleviated or disappears, whether that is the result of his own knowledge or being told about it by a doctor, then this is permissible and his fast is valid, because of the emergency.

5. Non-obligatory Sunnah fasting

If a person starts a voluntary fast, he is not obliged to complete it, but it is mustahabb to complete it. This means that if a person breaks a voluntary fast, then he is not obliged to make up his voluntary fast, and it is only Sunnah to make it up.

6. Dust and Flies in Shoim’s Mouth

The scholars are unanimously agreed that if a fly flies into the fasting person’s stomach, or dust from the road or a flour sifter reaches his stomach, and that happens without any deliberate action on his part, then his fast is not invalidated.

7. Driver Cannot Break the Fast

An exception to the rule that it is permissible to break the fast is the one who is traveling continuously, so it is not permissible for him to break the fast.

8. Heavy Workers who Fast

It is obligatory to make the intention to fast at night in Ramadaan for heavy laborers such as farmers who harvest their crops and others. If the fasting person experiences severe hardship, then he may break the fast, and if he does not experience severe hardship, then he may not break the fast.

9. Eating before 12pm is not considered Sahur

One of the Sunnahs of fasting is to delay sahoor, and the time for sahoor is halfway through the night (12pm), meaning that eating before 12pm is not considered sahoor, so it does not come under the Sunnah of sahoor.

10. Combined Ramadan & Sunnah Fasts

The Mutaakhirun group of scholars gave a fatwa on the reward of fasting Arafat and its aftermath by only fasting the obligatory fast on that day.

11. Selling Food during the Day in Ramadan

It is also haraam to feed anyone, Muslim or disbeliever, during the day in Ramadaan, and to sell food that is believed or suspected to be eaten during the day in Ramadaan.

12. Injections During Fasting

(If the medicine (injection) enters the flesh of the calf, or is pierced with a knife or otherwise, and the juice of the medicine enters it, that does not break the fast, there is no difference of scholarly opinion concerning that, because the flesh of the calf and other parts of the body are not part of the jauf (the part that penetrates into the stomach).

13, Swallowing Phlegm

If a fasting person swallows phlegm, there are two opinions concerning that. The first view is that it breaks the fast. The second view is that it does not break the fast. But according to the correct view, it does break the fast.

14. Cumming or Watching Hot Movies

What is excluded from the meeting of the skins of men and women is looking or fantasizing. If a fasting person sees or daydreams and ejaculates, then his fast is not broken, so long as he does not ejaculate according to custom. If, according to custom, it is likely to lead to the emission of sperm, then his fast is invalidated. If the fasting person feels that he is going to ejaculate because of looking at a hot movie, then he continues to look at it until he ejaculates, then his fast is broken.

15. Taste the Food While Fasting

It is mustahabb for the fasting person to refrain from tasting food and other things, rather it is disliked to taste them, because of the fear that something may enter his throat. – It is not permissible for him to taste the food if he has a need to do so, even if he is with someone who is not fasting, because he does not know how to prepare the food like a fasting person.

A BOOK ON THE RULINGS OF HAJJ

Hajj is etymologically intentional. And the terminology of shara’ law is to deliberate the Haram Temple in order to perform worship.

The conditions for the obligation of Hajj are seven.

In some of the wording of the matan, seven khishals are used. These are 1) Islam, 2) puberty, 3) perfect intelligence, and 4) freedom.

Hajj is not obligatory for someone who possesses the opposite of these attributes.

Fifthly, he should have provisions and a container of provisions if he needs them. Sometimes he may not need them, such as one who is close to Makkah. It is also stipulated that there should be water in places where it is customary to bring water from, sold at a standard price. And there must be a vehicle that is suitable for such a person, whether he buys it or hires it.

This is if the distance between a person and Makkah is two marhalahs (88 km) or more, whether he is able to walk or not.

If the distance between him and Makkah is less than two marhalahs and he is able to: walk, then it is obligatory to perform Hajj without taking a vehicle.

All of the things mentioned above must be more than his debts – and the expenses of the people he is obliged to support during Hajj. It must also be more than the house and slaves that he deserves.

And the loneliness of the road. What is meant by quiet here is the presumption of safety: travel according to what is found in each place. If a person is not secure in himself, his wealth or his private parts, then he is not obliged to do Hajj.

As for the author’s words “and it is possible to travel”, they are found in some of the texts.

What is meant by possible is that after finding provisions and a vehicle, there is still time that can be used to go for Hajj in the proper way.

If it is possible for him to do it, but he needs to do two marhalahs within a period of time that is part of the days to which he is accustomed, then he does not have to do Hajj because of the hardship involved.

The pillars of Hajj are four.

One of them is that Ihram is accompanied by an intention, meaning the intention of entering the Hajj.

The second is wukuf in Arafat.

What is meant is the presence of the pilgrim in Hajj a short time after the sun sets on the day of ‘Arafah, which is the ninth day of Dhul Hijjah.

This is on condition that the person who is doing wukuf is qualified to perform acts of worship, and is not insane, nor has epilepsy or apoplexy.

The time of wukuf continues until the dawn of the day of sacrifice, which is the tenth day of Dhul Hijjah.

And the third is tawaf (circumambulation) of the House of Allah seven times. During tahwaf, he positions the House of Allah on his left and starts from Hajar Aswad straight with his whole body while walking.

If he had started tawaaf from anything other than Hajar Aswad, then his tawaaf would not have counted.

The fourth pillar is sa’i between the hills of Shafa and Marwah seven times. While the condition is to start the first sa’i from the hill of Shafa and end at the hill of Marwah.

And his journey from Shafa to Marwah counts once, and his return from Marwah to Shafa also counts once.

Shafa, with the alif gashr at the end, is the edge of Mount Abi Oubais.

And Marwah, with its fathah mim, is the name of a familiar place in Makkah.

There are other essential parts of Hajj, such as shaving or cutting the hair, if we consider each of them to be a part of Hajj. This is the most popular view.

If we (the Shaafa’is) say that each of them is an act of allowing things that are forbidden during Hajj, then they are not among the pillars of Hajj. It is obligatory to give precedence to ihram over all the other pillars of Hajj.

The pillars of ‘umrah are three, as stated in some of the texts. And in some wording there are four.

They are 1) Ihrām, 2) tawaaf, 3) sa’i, and 4) shaving or cutting the hair according to one of the two opinions, and this is the : The more correct view, as has just been stated.

Otherwise, according to the correct view, they are not one of the pillars of ‘umrah.

The obligations of Hajj other than the pillars are three.

One of them is ihram from the miqat, which includes the miqat of time and the miqat of food.

The Migat times for Hajj are the months of Shawwal, Dhul Oa’dah, and the ten days of Dhul Hijjah. .

As for the time of the miqaat for ‘umrah, it is the time of the year when it is possible to enter ihram for ‘umrah.

The Migat meal in Hajj for people residing in Makkah is the region of Makkah itself, whether they are natives of Makkah or migrants.

As for those other than those who reside in Makkah, the migration for those who come from Madinah Musyarrafah is Dhul Hulaifah.

For those coming from Sham, Egypt and Morocco it is Juhfah. For those coming from the lowlands of Yemen it is Yulamlam.

For people coming from the highlands of Hijaz and Yemen is Qarn.

And the one who came from the east was Dzatu “Irg.

The second of the obligations of Hajj is stoning the three Jamaraat. . Starting from the Kubra Jamrah, then the Wustha Jamrah, then the Agabah Jamrah.

Each Jamrah is thrown with seven pebbles one by one.

If he throws two pebbles at once, they count as one.

If the thrower uses one pebble to throw seven times, it is considered sufficient.

It is stipulated that the thing used for throwing is a stone, so anything other than stones, such as gems and limestone, is not sufficient.

The third obligation is to shave or cut the hair.

The most important thing for men is to shave their heads. And for women is to cut the hair.

Shaving is the removal of at least three strands of head hair by shaving, cutting, plucking, burning or clipping.

If a person has no hair on his head, then it is mustahabb for him to run a razor over his head.

Hair other than the head, beard or otherwise, cannot replace hair – the head.

The mustahabbities of Hajj are seven.

One of them is ifrad. This means prioritizing the performance of Hajj before performing Umrah.

By first entering ihram for Hajj from his migration, and after completing Hajj, he then leaves Makkah for the nearest lawful land, then enters ihram for ‘Umrah and performs its practices. If it is reversed, then he is not doing Hajj ifrad.

The second is reciting the talbiyah. It is recommended to recite more talbiyahs while in ihram.

For men, it is Sunnah to raise the voice when reciting the Talbiyah.

The words of talbiyah are, “O Allah, I fulfill Your call, I fulfill Your call. There is no partner for You, I fulfill Your call. Indeed, all praise and pleasure and kingdom belong only to You. There is no partner for You.”

When he finishes reciting the tabiyah, he should recite the blessings of the Prophet (peace and blessings of Allaah be upon him), and ask Allaah to grant him Paradise and His pleasure, and seek refuge with Him from the Fire.

The third is the Tawaf Qudum.

Tawaf Qudum is reserved for pilgrims who enter Makkah before performing wukuf in Arafat.

As for the one who is doing ‘Umrah, when he does tawaaf ‘Umrah, it is sufficient for tawaaf Qudum. The fourth is staying overnight in Muzdalifah.

Including spending the night in Muzdalifah among the mustahabbities of Hajj is the view of Imam Rafi’i.

However, the information contained in the additions to the books of ar Raudlah and Sharh al Muhadzdzab is that it is obligatory to stay overnight in Muzdalifah.

The fifth is to pray two rak’ahs of tawaaf after completing it.

He should perform the prayer behind the magam of Ibrahim (peace be upon him).

It is Sunnah to lower the voice of the recitation when performing this prayer during the day, and to raise the voice of the recitation at night. If one does not pray this prayer behind the shrine of Ibrahim, then one should pray it at Hijr Isma’il, if not then in the mosque, and if not then in any place he wishes, whether it is the Haram or elsewhere.

The sixth is to stay overnight in Mina. This is the view endorsed by Imam ar Rafi’i. However, in the addition to ar Raudiah, Imam an Nawawi ruled that it is obligatory. The seventh is the farewell tawaaf when leaving Makkah for the purpose of traveling. Whether one is a Hajj pilgrim or not. Whether traveling far or near.

What the author has said about the ruling on the haraamness of the farewell tawaaf is a weak opinion, but according to the opinion of al-adhhar it is obligatory.

When in ihram, according to the information in the book Syarh al Muhadzdzab, a man must avoid clothes that are sewn, woven, fringed, and from other than clothes that are muzah and sandals.

It is obligatory for her to wear a new white sarong and scarf, and if she cannot find them, she should wear clean clothes.

CHAPTER ON THINGS THAT ARE FORBIDDEN DURING IHRAM

(Fasal) explains the rulings on muharramatul ihram (things that are forbidden during ihram).

Muharramatul ihram are things that are forbidden because of ihram.

There are ten things that are forbidden for the person in ihram.

One of them is wearing sewn clothes such as ghamis, robes and muzah shoes. Wearing woven clothing such as jira clothes.

Or a garment that is draped like a garment draped all over the body.

The second is covering the head or part of it for men using something that is considered a covering – according to ‘urf – such as a turban and clay.

If what is used is not considered a covering, then there is no problem, such as placing the hand over part of the head.

And it is like wading in water, and taking shelter under a stretcher that is on a camel, even if it touches its head.

And covering the face or part of it for women by using something that is considered a covering.

It is obligatory for a woman to cover the part of the face where it is not possible for her to cover the head except by covering that part of the face.

For a woman it is permissible to . wear a veil that is stretched – not to the point of touching the face – using wood and the like.

A khuntsa, as stated by Oadli Abu Thayyib, is commanded to cover his head, and it is permissible to wear stitched clothing.

With regard to the fidyah, the majority view is that if a khuntsa covers his face or head, then he does not have to offer the fidyah, because there is some doubt about his gender.

But if it covers both, then the fidyah is obligatory.

The third is combing the hair.

Likewise, the author includes these things in the list of things that are forbidden because of ihram.

However, the information in Sharh al Muhadzdzab states that combing the hair is makrooh, as is scratching the hair with the nails.

The fourth is shaving the hair, plucking it or burning it. -What is required is to remove the hair by any means, even if he forgets.

The fifth one is cutting the nails, which means removing them, whether they are fingernails or toenails, by cutting them or otherwise. Except when a part of the nail of the one who is in ihram breaks and he is in pain because of that, then it is permissible for him to remove only the part of the nail that is broken.

The sixth is perfume, which means using perfume intentionally with something that is intended to produce a fragrant smell such as misik and camphor.

-Using it on clothes by putting the fragrance on the clothes in the way that one is accustomed to using it. And -using it on the body, inside or out, as if one were eating perfume.

And there is no difference between the person who uses the fragrance and the person who uses it, whether he is male or female, or whether he has a sense of smell or not.

The phrase “intentionally” excludes the case where the wind carries a fragrance that gets on him, or he is forced to use it, not knowing that it is forbidden, or forgetting that he is in ihram, so he does not have to offer a fidyah.

If he knows that it is forbidden and is not aware of the fidyah, then he must pay the fidyah.

The seventh is killing game that lives on land and is lawful to eat: or its mother is lawful to eat, such as wild animals and birds.

It is also forbidden to hunt it, control it, and disturb its body parts, fine and coarse hair.

The eighth is the marriage contract.

So it is haraam for a person who is in ihram to do a marriage contract on behalf of himself or someone else by proxy or as a guardian.

The ninth type of sexual intercourse is that which is done by a person of sound mind who knows that it is haraam, whether he has intercourse while in ihram for Hajj or ‘Umrah, on the front or back road, with a man or a woman, his wife, his slave girl or another woman.

The tenth is skin contact other than the vagina, such as touching or kissing with lust.

As for skin-to-skin contact without lust, it is not haraam.

In all of these cases, namely the things that are forbidden because of ihram that have been mentioned, a fidyah is obligatory, and we will come to that later.

The intercourse described above can invalidate an ‘Umrah that is isolated. As for the ‘Umrah that comes within the scope of Hajj Oiran, it comes under the ruling of Hajj, whether it is valid or spoiled.

With regard to intercourse, it spoils Hajj if it is done before the initial exiting of ihram, either after Wuqf or before.

With regard to intercourse that takes place after the initial exiting ihram, it does not affect the status of Hajj.

-The fidyah obligation mentioned above is with the exception of the marriage contract, because the marriage contract is not valid.

Hajj cannot be broken except by intercourse in the vagina.

Unlike touching anything other than the vagina, this does not affect the status of Hajj.

It is not permissible for the one who is in ihram to leave ihram because it has been spoiled; rather he is obliged to continue doing the acts of ihram that have been spoiled. In some of the wording of the texts, the author’s phrase “in his ihram that has been spoiled” is not included, meaning that he should perform Hajj or ‘Umrah by doing the remaining rituals.

If a person enters ihram for Hajj and misses wukuf in ‘Arafah because of an excuse or otherwise, he must exit ihram by performing the rituals of ‘umrah.

So he should do tawaaf and sa’i if he has not done sa’i after tawaaf al-Qudum.

For him, this means that if he misses the wukuf in ‘Arafah, he has to make it up immediately, whether his Hajj is obligatory or naafil.

Oadia’ is only obligatory in the case of missing wukuf that is not caused by hashr.

If a person is prevented from traveling, but he can still take a route other than the one by which he was prevented, then he must take that route, even if he knows that he will miss the wukuf.

If he dies, then he does not have to make it up, according to the correct view.

For him – the one who misses the wukuf – in addition to making aliya’i, it is also obligatory to slaughter an animal hadyah.

In some of the redactions of the matan, additional information has been found.

That is, if a person omits any of the pillars that determine the validity of Hajj, then he will not be able to enter ihram until he fulfills these pillars.

And the pillar cannot be replaced by a dam.

And whoever omits any of the obligatory duties of Hajj must offer a compensatory sacrifice. And the compensatory sacrifice will be explained later.

If a person omits any of the obligatory parts of Hajj, then he does not have to do anything because of that.

From the expression of the matan, the difference between pillar, obligatory and sunnah is clear.

CHAPTER ON THE DAM IN IHRAM

(Fasal) explains the kinds of compulsory compensatory sacrifices that are incurred in ihraam for neglecting an obligation or committing a forbidden act.

There are five things that are obligatory in ihram

One of them is the compulsory compensatory dam for abandoning an act of worship, which means abandoning something that is commanded, such as abandoning the ihram of the migratory pilgrimage.

This sacrifice is to be offered in order. The first thing that is obligatory is a sheep that is sufficient for the sacrifice.

If he does not find it at all, or finds it at a price above the standard price, then he must fast ten days, three of which are during Hajj.

It is recommended to fast these three days before the day of ‘Arafah, so he fasts on the sixth, seventh and eighth days of the month of Dhil Hijjah.

And fast seven days when he returns to his family and homeland.

It is not permissible to fast those seven days on the way back.

If he wishes to stay in Makkah, then he should fast there, as stated in al Muharrar.

If he did not fast three days when he was in ihram for Hajj and then returned home, then he must fast ten days, separating the three days from the seven days by four days, plus the length of his journey back home.

What the author has said about the dam being an orderly one is in accordance with the information in the book of ar Raudlah, the original book of Raudlah and the book of Syarh al Muhadzdzab.

However, the information in al Minhaj, which follows al Muharrar, explains that the dam is the dam of tartib wa ta’dil.

So, first it is obligatory to pay for a sheep. Then if he cannot afford it, then he must use the price of the sheep to buy basic foodstuffs and give them in charity.

Then if he is unable to do so, he must fast one day in lieu of each mud.

The second one is the compulsory compensatory sacrifice for shaving the head and taking pleasure in such things as wearing perfume, putting oil on the head or beard, and shaving either the entire head or just three strands of hair.

This dam is by way of takhyir (allowed to choose).

So it is obligatory either to sacrifice one sheep that is sufficient for sacrifice, or to fast three days, or to give three saa’ of food to six poor people or poor people, each of whom should receive half a saa’ of staple food that is sufficient for zakaat al-fitr. The third is the compensatory sacrifice that is obligatory because of ihshar (being prevented from making wukuf).

So the one who is in ihram, who is in ihraam, must intend exiting ihraam by deliberately leaving his hajj because of ihraam, and make a hadith, which means slaughtering a sheep in the place where he was in ihraam, and shaving his head after slaughtering the sheep.

The fourth is the compulsory compensation for killing game. This compensatory sacrifice is by way of takfir (being allowed to choose) between three things.

If the game animal has a similar animal. What is meant by a similar animal to the game animal is an animal that is close in shape.

The author mentions the first of these three things in his words, “then he must let out a livestock animal similar to the game”.

This means that he slaughtered a similar animal and gave it in charity to the poor of the Haram.

So in killing an ostrich, one ostrich must be removed.

In killing wild cows and donkeys, it is obligatory to take out one cow.

And in killing a deer, one goat must be sacrificed. |

For examples of other game animals that are similar to livestock, they are explained in the books with extended explanations.

The author mentions the second of the three cases in his words “or calculating it”, namely that the cattle should be paid in dirhams according to the price in Makkah on the day of issuing the fine.

The result of the calculation is used to buy enough basic foodstuffs to be used for zakat fitrah, then distributed to the poor of the Haram.

The author also mentions a third in his words, “or fast a day . in exchange for each mud”.

If there is less than one mud left, then he should fast one day instead.

If the game is not similar, then he is allowed to choose between the two things that the author describes in his words,

So he should take out the amount of food that the animal costs and give it in charity.

Or fast one day in place of each mud. If less than one mud remains, then make up for it by fasting one day.

The fifth is the compulsory compensatory sacrifice for having sexual intercourse, which is done by a person of sound mind who knows that it is haraam, whether the intercourse is with the penis or anus, as explained above. This compensatory sacrifice is done in an orderly manner.

Because of this, the first time the wajik pays for one camel badanah. Badanah refers to both male and female camels. If he cannot find any, then he must pay one cow.

If you can’t find any, then you have to pay seven goats.

If you cannot find seven sheep, then you must calculate the price of the camel in dirhams according to the prices in Makkah at the time of the obligation. Use the result of this calculation to buy food and give it in charity to the poor of the Haram.

There is no fixed amount of staple food to be given to each of these fagirs. If he were to give a dirham in charity, that would not be sufficient.

If he cannot find basic foodstuffs, then he should fast a day in lieu of each mud.

Know that the hadyah animal is divided into two.

One of them is the hadyah because of ihshar. This hadyah does not have to be sent to the Haram, rather it is slaughtered in the place where the ihshar occurred.

The second is the hadyah that is obligatory because of neglecting an obligation or committing a forbidden act. It is slaughtered specifically in the Haram. 

The author mentions this second one in his words, “the payment of hadyah and basic foodstuffs is not sufficient unless it is done in the Haram.”

The minimum sufficient action is that she gives the hadyah to three poor people or fagirs.

And it is sufficient for him to fast wherever he wishes, the Haram or otherwise.

It is not permissible to kill a game animal of the Haram land, even if one is forced / to kill it. –

If a person who is in ihraam becomes mad and kills a game animal, then he does not have to pay compensation according to the view of al-adhar.

And it is not permissible to cut down the trees of the Haram land.

And he is obliged to replace the large tree – with a cow, and the small tree with a goat, each of which must meet the criteria of a sacrificial animal.

It is also not permissible to cut or uproot plants in the Haram that have not been planted by man, and that grow on their own. As for dry grass, it is permissible to cut it, but it is not permissible to uproot it.

A muhil, with the diammah of the mim, means a lawful person (one who is not in ihram), and a person who is in ihram is the same in this ruling.

And when the author has finished explaining the interaction with the Creator, namely the vertical relationship, namely worship, then Nyaya rushes to explain about the interaction of fellow creatures, namely the horizontal relationship. He said,

MUHIMAT IN THE BOOK OF HAJJ

1. Hajj is obligatory regardless of the method

If a person has money to trade, then he must use it to perform Hajj and ‘Umrah. If a person owns land on which he can earn a living, then he must sell it to perform Hajj and ‘Umrah.

2. Hajj During Iddah

If a woman is in ‘iddah when the people of her country go out for Hajj, then she is not obliged to perform Hajj; if she goes out for Hajj while in ‘iddah, then her Hajj is valid and she is a sinful woman.

3. Dam Should be Given to the People of the Haram

The Hajj sacrifice cannot be transferred to anything other than the Haram, and if he does not find a poor person in the Haram, then he must delay paying the Hajj sacrifice until he finds a poor person in the Haram.

4. Signs of Hajj Magbul

(Faidah) Ibrahim Al-Khawash said: Some of the signs of the acceptance of a person’s Hajj (Hajj mabrur) are that he is given the grace of Allah Swt to have praiseworthy morals, not to like lying, not to be arrogant towards the creatures of Allah, and not to be preoccupied with worldly affairs until he dies.

5, It is Haram for parents to forbid their children to go on Hajj

It is not permissible for parents to forbid their children to perform the obligatory Hajj and the vowed Hajj. It is also not permissible for them to tell their children to abandon their Hajj. It is also not permissible for the child to obey his parents in forbidding him to abandon the obligatory Hajj, or to abandon his Hajj.

6. Celebration after Hajj

It is recommended for those who have just returned from Hajj to slaughter a camel cow, or slaughter a goat (to be given) to the poor, neighbors, relatives, brothers, and relations. (This is done) as a form of self-approach to Allah SWT.

7. The Active Period for the Prayer of a New Hajjer

It is mustahabb for the pilgrim to pray for others with maghfirah, even if he is not asked to do so. Similarly, it is also mustahabb for the other person to ask the pilgrim for maghfirah. The author mentions that it is mustahabb to ask the Hajj pilgrim for prayers for a period of forty days from the day of his arrival.

8. After the farewell tawaaf, one must leave the Ka’bah immediately.

When a pilgrim does the farewell tawaaf, he should never stay in Mecca after completing it, and he should hasten to leave the land of Mecca.

9. reciting the Hajj intention for others

If a person is hired to perform Hajj on behalf of another person, then he should say “Hajj for the sake of Hajj” when he intends to do it.

10. Sa’i on a Vehicle

We have mentioned above that according to our madhhab, the Shaafa’is, if a person does saa’i riding a mount, then it is permissible and cannot be regarded as makrooh. But that is not a virtue, and he does not have to offer a compensatory sacrifice.

11, The Law of Wearing a Watch

According to some of the muta’akh-khirin scholars, it is permissible to wear a watch.

12. Hajj One for Two

It is not permissible to do Hajj once, for two people at the same time, and Hajj is not sufficient unless one person does it, and the same applies to ‘Umrah. But if a person performs Hajj on behalf of one person, and performs ‘Umrah on behalf of another person, and these are done in one year, then that is sufficient.

13. Is the Intention of Towaf Obligatory

It is not obligatory to make an intention when doing tawaaf, according to the majority, because the nait of Hajj or ‘Umrah is included in it. – But tawaaf that is done outside the time of Hajj and ‘Umrah is not valid if it is done without the intention, according to the scholars.

14. Hajj Intention Changed to Umrah or Otherwise

When a person has made ihraam for Hajj, it is not permissible to break the intention and change it to make ihraam for ‘Umrah. And when one makes ihraam for ‘Umrah, it is not permissible to change the intention to make ihraam for Hajj. Whether there is an excuse or not.

15. The Error of the Wahabi Prohibition of Umrah Repeatedly Haram

It is not prohibited according to the Shaafa’i madhhab and the HaNabilah madhhab to perform ‘Umrah repeatedly in one year, because ‘Aa’ishah did ‘Umrah twice in one month by order of the Prophet (peace and blessings of Allaah be upon him), once with her Hajj and once after her Hajj.

A BOOK ON THE LAWS OF TRANSACTIONS

Other forms of employment include girad (investment) and shirkah (partnership).

The phrase “al buyu'” is the jamaic form of the phrase “bai”. Bai’ (buying and selling) etymologically means exchanging something.

So it includes something that is not property, for example khamr/haram.

As for bai’ in terms of shara’ law, the best explanation used to define it is that bai’ is a material exchange transaction that gives the consequence of permanent ownership of goods or services by obtaining permission / legality of shara’ law.

With the etymology of “barter/exchange”, it excludes debt. And by the etymology of “shar’i permission”, it excludes riba.

Included in the benefits (services) is the granting of ownership of the right to “build”.

With the etymology of “tsaman/price”, it excludes the fee in the rental contract, because the actual ujrah/cost is not called tsaman.

There are three models of sale and purchase transactions.

The first is selling a commodity that is directly visible to the person doing the transaction, i.e. present – at the place of the transaction – which is permissible.

When the conditions are met, the ya’nimabi’ (goods being sold) are pure goods,v have commodity benefits both in shari and urfi, are capable of being delivered both empirically (hissi) and in shari law, and the transaction actor has authority over the commodity.

In buying and selling, there must be ijab (handover) and qabul (acceptance).

The first (ijab) is something like the seller or someone in his place saying, “I sell to you” and “I give you the title for this price.”

The second (qabul) is something like the buyer or someone in his place saying, “I bought it,” or saying, “I accept ownership,” and words to that effect.

The second of the three kinds of buying and selling is selling goods that have been given characteristics – they are still under obligation. And this form is called a salam contract.

It is permissible if the characteristics that are used to characterize the salam contract are found in the salam contract, which will be explained in the chapter on “Salam”.

The third form is selling goods that are not visible to both parties to the transaction. It is not permissible to sell such goods.

What is meant by jawaz (permissible) in these three forms of buying and selling is that they are valid.

The author’s words, “not seen”, indicate that if the item to be sold is seen and then not available at the time of the contract, then it is permissible, but this is only if it is an item that usually does not change in the period between seeing it and buying it.

It is permissible to sell any item that is “pure, beneficial and owned.

The Author explains the mafhum meaning: what is implied by these things in His words,

It is not permissible to sell unclean and impure items, such as alcohol, oil, vinegar, and other impure items that cannot be purified.

It is not valid to sell things that have no benefit, such as scorpions, ants, and wild animals that have no benefit.

MUHIMMAT IN THE CHAPTER ON BUYING AND SELLING

.1. The basis of the contract is reality

If a person allocates someone else’s property and then it becomes clear that he has given his permission, or he assumes that there is no condition in the sale and then it becomes clear that he has fulfilled all the conditions of the sale, then his action is valid, because the consideration in the contract is something that is in accordance with reality.

2. Selling something that will be used for immorality

And it is haraam to sell something that is pure and lawful to someone whom you know with certainty that he intends to disobey you with it. This means that any action that will lead to haraam things is also haraam.

3. Small Children Selling and Buying, not Legal

The Shaafa’is and Hanbalis said: All actions (allocations) of property carried out by a child, whether he is tamyiz or not tamyiz, then the law is considered void, but the Shafi’iyah said that it is not valid tasharruf property done by a child who is tamyiz, even if he gets permission from his guardian.

4. Types of Shighat

The Shaafa’is said: A sale is not valid unless it is in the form of speech (shigat kalamiyah) or something close to shigat kalamiyah, whether it is writing, messaging, or isyarah from a mute person that can be understood.

5. Imam Nawawi is more lenient in the Shigat

An-Nawawi and a group of scholars have ruled that it is valid to buy and sell by mu’athoh (handing over without a note) in every case: what is considered buying and selling by the general public, because the object of discussion in buying and selling is the willingness of both parties.

CHAPTER RIBA

(Fasal) explains usury.

Lafadz “riba” using alif magshurah. -Usury etymologically means addition.

And in legal terminology, it is exchanging something for something else that is not known to be equal in terms of shar’i measurement at the time of the contract, or by delaying the delivery of the two goods being exchanged or one of them.

Usury is forbidden.

Riba only occurs on gold, silver and food. -By food, we mean items that are usually intended for staple foods, snacks, or medicines.

And usury does not occur on anything other than these goods.

 It is not permissible to sell gold for gold and silver for silver, whether they have been minted or not, unless they are of the same size.

So it is not valid to sell one of these items in a different size. The author’s phrase “naqdan” means handing over in cash.

Therefore, if any of these goods are sold at a fixed price, it is not valid.

It is not valid to sell something that someone has bought unless he has received it, whether he sells it to the seller or to someone else.

It is not permissible to sell meat at animal prices.

Either the meat of that animal, such as selling the meat of a goat for the price of a goat, or something other than that animal, but still from an animal whose meat is permissible to eat, such as selling the meat of a cow for the price of a goat.

It is permissible to sell gold for the price of silver of a different size, but it must be in cash, i.e. received immediately before parting.

The same applies to food; it is not permissible to sell one type of food for the same type of food unless the price is the same and the amount is paid in cash, i.e. it is accepted immediately before parting.

It is permissible to sell one type of food for another type of food at a different price, but it must be paid in cash, i.e. it must be received immediately before parting with it.

So if the two parties to the transaction separate before receiving all the goods, then the contract is invalid. But if they separate before receiving all the goods, then the contract is invalidated, or if they separate after receiving some of them, then there are two opinions concerning tafrigus shufgah’ (separating the contract).

It is not permissible to engage in transactions that involve deception, such as selling one of his slaves – without specifying which one – or selling a bird that is flying in the sky.

MUHIMMAT IN THE CHAPTER ON USURY

1. Mixing Good and Bad Foods

Mixing good and bad food is permissible, so long as the buyer knows about it. It is not considered fraud, which is forbidden.

2. Banks Are Usury

As for what has been running at this time of debt there is a BanK party (which requires borrowers to pay interest every month), that is clearly usury.

3. Overview of Riba al-Qardhu

Among them is Riba akaardhis Sambaranya Idalah by giving conditions that are favorable and only benefit the debtor.

CHAPTER KHIYAR (RIGHT TO CHOOSE)

(Fasal) explains the rulings on the right of khiyar, i.e. the optional right of the transacting party to make the best choice between continuing or undoing a transaction.

It is permissible for the two parties to the sale and purchase contract to choose between continuing with the sale and canceling it.

Yes, both parties have the right to khiyar majlis (the right of the parties to make the best choice – whether to go ahead with the transaction or abort it while both parties are still in the middle of the contract) in various kinds of sale and purchase contracts such as the salam contract.

So long as they have not separated, i.e. at a time when they have not separated according to ‘urf. khiyar majlis is terminated either because the bodies of the two people who are doing the sale and purchase contract have separated from the place where the transaction is taking place, or because they have chosen to conclude the contract.

If one of them chooses to do the contract and does not immediately choose the other option, then his khiyar right has expired and the other person’s khiyar right is still valid.

It is permissible for the two people doing the sale and purchase contract, as well as for one of them to agree with the other, to stipulate khiyar in any sale and purchase for a period of three days.

The three-day period is counted from the time of the sale and purchase contract, not from the time of separation.

If the khiyar period is more than three days,

then the contract becomes void.

If the item being sold is one that will deteriorate within the stipulated period, then the sale contract is invalid.

If there is a defect in the item that was sold that existed before it was received, and that may reduce the price or the value of the item in a way that defeats the legitimate purpose, and there are usually no such defects in the type of item that was sold, such as adultery, stealing and the departure of the slave that was bought, then it is permissible for the buyer to return the item that was sold. It is not permissible to sell the fruit without the tree, without cutting it down, unless the goodness of the fruit is apparent.

What is meant by appearing good in fruits that have not changed color is: the state has reached the limit that is usually desired for consumption, for example sugar cane has been sweet, pomegranates have tasted sour, and thin fruit (luh: Java) has been soft. And in the case of fruits that have changed color, the fruit has turned red, black or yellow, such as dates, ijash (juwet: Javanese), and fruits that are almost ripe (yadam: Javanese). .

With regard to fruit that has not yet seen the light of day, it is not permissible to sell it in a straightforward manner; it is not permissible to sell it to the owner of the tree, and it is not permissible to sell it to anyone else, except on condition that it be cut down, whether the custom is to pick the fruit immediately or not.

If a tree with fruit has been cut down, then the fruit may be sold without the requirement that it be picked.

It is not permissible to sell green plants that are still on the ground except on the condition that they are cut or uprooted.

If the crop is sold with the land, or if it is sold without the land after the grains have hardened, then it is permissible without the condition that they be harvested.

If a person sells fruit or agricultural produce that has not yet seen the light of day, it is obligatory for him to water the crop with the amount of water that will develop the fruit and save it from spoiling.

Either the seller has invited the buyer to take the fruit or he has not. It is not permissible to sell a ribawi item with its counterpart that is still wet. The word “rathbah” is pronounced with the letter tha’which does not have a period.

With this information, the author indicates that the sale of ribawi goods must be in a state of perfection.

So it is not valid, for example, to sell wet wine for the price of wet wine.” “Then, from what has been explained, the Author excludes the words, “except for milk”.

Yes, it is permissible to sell some milk for the price of some other milk before it is made into cheese. The Author generalizes milk, so that it includes liquid milk, thick milk, pure milk, and sour milk.

The measure used in the milk is the measure. So it is valid to sell condensed milk bought at the price of liquid milk by using a measure, even though the size of the two is different if using a scale.

MUMIMMAT IN KHIYAR (RIGHT TO CHOOSE) CHAPTER

With Khiyar, Impermissible Agreements Become Permissible

 It is valid to sell something that is not visible if the type is known by describing the characteristics of the item being offered, as in the first example. The second opinion, which is supported by Abu Hanifah, Malik ibn Anas and Ahmad ibn Hanbal, says: It is valid to sell something that is unseen if its nature is known by describing its characteristics, but the buyer may choose to return the item when he sees it.

CHAPTER AKAD SALAM

(Fasal) explains the rulings of salam (message). Salam and salaf etymologically mean the same thing: immediate.

And in legal terminology is selling something that is given the nature of being in dependence. It is a contract of sale and purchase of an item of a certain quantity and quality where payment is made upfront while delivery of the goods is made at a later date at an agreed time.

Salam is not valid except with Ijab (handover) and qabul (acceptance). The salam contract is valid by means of hal (cash/cash) and muajjal (tempo/credit).

If the salam contract is defined, then it is valid in cash according to the correct view.

The salam contract is only valid for goods that meet five conditions. One of them is that the muslam fih (item ordered) must be an item that can be characterized specifically through criteria or, its properties that can affect – to the buyer’s interest or price.

With this description, the uncertainty of the item being ordered is removed. It is not permissible to mention characteristics in a way that would make the item difficult to find, such as a large diamond, and a slave girl with her sister or child.

Secondly, the item ordered must be of a type, i.e. something that has the scope of many groups that are not mixed with other types.

Therefore, it is not valid to do a salam contract with goods that are mixed in terms of their ingredients and their boundaries are not clear, such as jenang harisah and ma’jun oil.

If the size of the staple is clear, then it is valid to do a salam contract on that item, such as butter.

The third condition is mentioned in the words of the Author, “and the item is not exposed to the effects of fire as a cooking process such as cooking or frying.

If fire is used to separate these goods, such as honey and ghee, then it is valid to do a salam contract on these goods.

The fourth condition is that the goods ordered must not be muayyan (physically certain goods), rather they must be in the status of debt in dependence.

So, if the muslam fih is a physically specific item, such as saying “I order this shirt from you to buy this slave”, then it is definitely not a salam contract, because there is no debt, and it cannot be a bai’ contract according to the scholarly view.

The fifth condition is that the muslam fih must not be specific to the item specified, such as, “I order you to buy one saa’ of this pile for this dirham”.

Then, the validity of muslam fih has eight conditions.

In some books, “the salam contract is valid subject to eight conditions.”

The first is mentioned in the words of the Author, “After mentioning the type and variety, the orderer should characterize the muslam fih with a character that can affect the price.

So, when ordering such a slave, one should mention the type such as Turkish or Indian, and mention the type of male or female, the approximate age, the size, whether it is tall, short or medium, and mention the color of the skin such as white and characterize the white as slightly reddish or smooth red.

When ordering camels, cows, goats, horses, bighals and donkeys, he mentions the male, female, age, color and type.

When ordering a bird, he mentions the variety, small, large, male, female, and its age if known.

When ordering clothes, he mentions types such as cotton, cotton, or silk, and mentions types such as Irag cotton, mentioning length, width, thickness, thinness, tightness, looseness, smoothness and roughness.

Other examples are similar to these. In the case of the salam contract for clothes, which is generalized, it is directed to new clothes, not used clothes that have been ironed.

The second is to mention the size with something that removes the uncertainty of the muslam fih.

The muslam fih must be known, i.e., the measure must be for the item being measured, the scale for the item being weighed, the count for the item being counted, and the measurement for the item being measured.

The third is mentioned in the words of the Author,

If the salam contract is done with a maturity, then the person doing the contract must mention the time of the maturity, for example this month.

If he dates the salam contract to the arrival of Zayd, for example, then the salam contract is not valid.

The fourth is that the muslam fih is present at the time of acceptance according to the customary measure.

Yes’ni, time reserves the right to hand over the muslam fih.

So, if a person does a salam contract on an item that is not found when it is due, such as wet dates in winter, the salam contract is not valid. The fifth thing is to mention the place where the muslam fih will be received, i.e. the place of delivery.

If the place of the first contract is not suitable for that, or it is suitable but it costs money to bring the muslam fih to the place of delivery. Sixthly, the tsaman must be known by measurement or by sight. The seventh is that both the muslam (the one who orders) and the muslam ilaih (the one who is ordered) must hand over the tsaman before parting ways.

If they part ways before receiving the ra’sul mal (the item used as the price), then the salam contract becomes void.

Or after accepting some of it, in which case there is a difference of opinion on tafrigus shufgah (sorting out the ruling on a contract that contains two different rulings).

What is required is true acceptance.

So if a Muslim does a hiwalah contract with the ro’sul malnya of a salam contract, and the muhtal (transferee), the muslam ilaih, receives the goods from the muh al (debtor) in the contract, that is not sufficient.

The eighth is that the salam contract must be done in a straightforward manner, and khiyar of conditions does not apply to the salam contract. Unlike khiyar majlis, khiyar majlis can actually be included in the salam contract.

MUHIMMAT IN THE CHAPTER ON SALAM CONTRACTS

1 Masakini Trading System

The present-day trading system, which can be perfectly executed between the traders and the company’s proxies, is a salam contract? According to the Shafi’i madhhab, the contract is not valid, but there are some opinions from madhhabs other than Shafi’i.

2. Definition of Type and Nau’

The terms ‘kind’ and ‘nau’ in the chapter on muamalat refer to the Isthilah of the Shi’ah, not the manthig. What is meant by type is something that has the scope of a group (ashnaf). While nau’ is something that has the scope of many units (afrad).

CHAPTER ON MORTGAGES

(Fasal) explains the rulings on pawning (bank guarantees). Rahn (pawn) etymologically means fixed.

And legal terminology is to make goods of value as collateral / guarantee for the debt that will be sold to be used to pay the debt when it is difficult / failed to pay it.

Rahn cannot be valid unless there is ijab (offer) and qabul (acceptance).

The requirements for each of the rahin (the party who has a debt obligation and submits collateral to the murtahin) and murtahin (the party who owns the receivable and receives collateral from the rahin), must be muthlag attasharruf (a person who has the freedom to tasharruf his property both commercial tasharruf (mu’awadlah) and non-commercial (tabarru “‘).

The author mentions the limits of marhun (the thing that is pawned as security for a debt) in his words: Any thing that is permissible to sell may be pawned as security for a debt when the debt has been settled.

With the language of “debt”, the Author excludes from a’yan (not debt).

So it is not valid to give collateral for a’yan, such as goods that have been seized, loaned goods and other things that are liabilities.

By “settled”, the author excludes debts that have not yet been settled, such as debts in contracts, and excludes them from the tsaman (price) during the khiyar period.

It is permissible for the rahin to withdraw the pledged goods as long as they have not been accepted by the murtahin (the person who accepts the pledge).

If the murtahin has received the pledged item from a person who is authorized to hand it over, then the pledge contract has become final and binding, which cannot be canceled from the rahin alone and it is not permissible for the rahin to withdraw it.

Rahn is enforced on the basis of trust.

When this is the case, the murtahin is not liable for any damage done to the marhun unless he was careless in guarding it.

And no part of the debt is canceled because of damage to the marhun.

If the murtahin claims that the pledged item is damaged, and he does not mention the cause of the damage, then he is justified by an oath.

Therefore, if he mentions an obvious cause of damage, then he will not be accepted as having done so unless he is accompanied by witnesses.

If the murtahin claims to have returned the goods to the rahin, then his claim is not accepted unless it is accompanied by witnesses.

When the murtahin has received some of his rights that are borne by the rahin, then no part of the mortgaged thing is released unless the murtahin has received all of it, namely all the rights that are borne by the rahin.

MUHIMMAT IN CHAPTER ROHN (PAWN)

1. Three Things that Serve as Collateral

There are 3 things for which it is permissible to ask for collateral: 1. Pawn. 2. Dhaman. The second is as security for the risk of bankruptcy (iflas). And the third is shahadah, which is as a guarantee against the risk of denial of rights (jahd).

2. The Tradition of Using Pegged Goods

If there is a custom among the people to make use of the pledged goods for the murtahin, does that take the place of a condition in the contract, thus making the pledge contract invalid. According to the majority, no. And according to Imam al-Oaffal, yes.

CHAPTER ON HAJR (PREVENTING TASHARUF)

(Fasal) explains the hajr of the safih (ignorant person) and muflis (bankrupt person).

Hajr etymologically means to prevent. As for legal terminology, it is preventing action in property.

In contrast to actions other than property, such as divorce, divorce by a safih is valid.

The Author made hajr on six people.

A child/person who has not yet had an ejaculation (ihtilam/wet dream) or menstruation (haidl) at an age when he is likely to have an ihtilam/haid, or a person who has not yet reached the age of majority for those who do not have an ihtilam/haid,

2the insane, i.e. one who has lost the power of discernment, and 3the idiot, and the Author describes the idiot as one who squanders his wealth, i.e. one who cannot act with his wealth properly.

4muflis (one who is bankrupt). Muflis is etymologically a person whose wealth has become small change, then this word is used as a kinayah / insinuation that indicates little wealth or no wealth.

And legal terminology is a person who has a burden of debt and his property is not enough to pay off one debt or several debts.

And the fifth is a person who has a severe illness that is medically at a critical level that ends in death -.

A sick person like this is suspended from disposing of more than one-third of his wealth, which is two-thirds of his estate, in order to protect the rights of his heirs.

This is only if he does not have any debts to pay.

If he has debts that could consume his entire estate, then he is prevented from acting on one-third of his estate and anything beyond one-third.

-and the 6 slaves who were not given permission to trade.

So his actions are not valid without the permission of his employer.

The author does not explain some of the issues of hajr that are explained in the books that extend the metaphor.

One of them is the issue of hajr against apostates because it is to protect the rights of Muslims. And another is the issue of hajr against the rahin because it is to protect the rights of the murtahin.

The tasharruf of a child, an insane person, or an insane person with his property is not valid.

Therefore, buying, selling, giving and other actions taken by them are not valid.

As for the saafih, his marriage is valid with the permission of his guardian.

Meanwhile, the act of muflis is valid in his dependency.

So if he sells food or something else with an order contract, or buys both of them for a fee that is owed to him, that is valid.

His tasharruf on the essence of the property is not valid.

However, the actions of a muflis, for example in a marriage contract, divorce, or khulu’, are valid.

With regard to a woman who is poor, if she does khul’ on an object, it is not valid. Or if she khul’ on a debt that is owed to her, then it is valid.

As for the actions taken by the sick person – who has been worried about his property that exceeds one-third of the entire estate depends on the consent of the heirs.

If they agree on more than one-third of the wealth, then it is valid. If they do not agree, it is not valid. The permission and refusal of the heirs at the time of the sick person’s illness, i.e. before he dies, is not considered.

The permission and refusal of the heirs is only considered afterwards, i.e. after the death of the sick person.

When the heir agrees, but then says, “I agreed because I thought it was a small amount of money, but it turned out that it was not.”, then he is justified by his oath.

As for the actions of a slave who is not given permission to trade, they are at his “expense”.

What is meant by being on his account is that the action will follow the slave after he becomes free. Therefore, if the master gives the slave permission to trade, then the slave’s actions are valid in light of that permission.

MUHIMMAT IN THE CHAPTER OF HAJR (PREVENTING TASHARRUF)

1. Revocation & Sentencing of Tasharuf Bookkeeping

The imposition and revocation of hijru (suspension of tasharuf) status is categorized into four:

1, Can be determined without a judge’s decision, such as hijru rahin and majnun.

2 Requires a judge’s decision, such as hijru safih.

3. Sentencing requires a judge, and revocation is subject to two opinions, n like hajru muflis.
4. Sentencing does not require a judge, while revocation has two opinions, such as hijru shabiy.

2. Types and Purpose of Hijru

There are two types of suspension of tasharuf: 1. For the sake of safeguarding the interests of the property of the party whose tasharuf is suspended, namely a child, a madman, and an insane person. 2. For the sake of protecting the interests of others, namely the muflis, the terminally ill, the apostate, the mukatab slave and the person who entered into the rohn contract.

CHAPTER ON SHULUH (PEACE/RECONCILIATION) CONTRACTS

(Fasal) explains the contract of shuluh. Shuluh etymologically means to resolve conflict (reconciliation),

As for legal terminology, it is a contract (agreement) to achieve reconciliation / reconciliation.

Shuluh is valid with a confession, i.e. the confession of the mudda’l alaih, i.e. the party accused or claimed by the mudda’i and makes peace (mushalih) with the accusation in a matter of property.

And this is something that is obvious.

The same applies in the case of something that leads to it, such as property. For example, if a person has a right of gishash over someone, then they make peace in exchange for money, using the term “shuluh”, then the shuluh is valid, or using the term “sale and purchase”, then it is not valid.

There are two types of shuluh: shuluh ibra’ and mu’awodlah. Ibra’, ya’ni shuluh ibra’ is taking only part of the debt that ja is entitled to receive.

So when he does the sharecropping contract on a thousand that is owed to a person and takes only one hundred of it, it is as if he is saying to the person: “Give me five hundred, and I will give you the other five hundred”,

It is not permissible, in the sense that it is not valid, to hang the shuluh, i.e., to hang the shuluh that means ibra’ on a condition.

This is like saying, “When the beginning of the month comes, then I do the contract of shuluh with you.” With regard to mu’awadlah, mu’awadiah shuluh, it is transferring the right to another thing.

If a person demands a house or part of a house from someone, and the other person accepts it, then they reconcile by asking for a certain item such as a shirt in exchange for the first demand, then this is valid.

And the ruling on buying and selling applies to this shuluh. So in this example, it is as if he is selling his house to the person who is being sued: bought with clothes.

If this is the case, then the rulings on buying and selling apply to the item for which the contract was made, such as returning it because of a defect, or preventing tasharruf before receiving the item.

If he did the shuluh contract by taking some of the property that was demanded, then it is called hibbah (giving), which he did with the part of his property that he did not take.

Therefore, the rulings of hibbah that are explained in the chapter apply.

This is called shuluh al hathithah.

It is not valid to use the phrase “selling” for a part of the right that he did not take, because it is as if he is selling the thing that he is claiming for with a part of it.

It is permissible for Muslims to do isyra’, by reciting the diammah of the initial letter and the kasrah of the letter before the final one, i.e. removing the roof, which is also known as janah. That is removing the wood that is above the wall, until it is above the public road, which is also called the etymology of shari”, provided that it does not interfere with people walking under it, yes’ni under the roof, even it must be slightly elevated so that a tall person with a perfect upright position can walk under it. Imam al Mawardi also requires that above the head of the person there is a load that is accustomed.

If the public road is a path for horses or camels, then the roof must be raised so that the palanquin on the camel and the supporting timber on the palanquin can walk without being disturbed.

As for the kuffaar dzimmi, it is not permissible for him to take out his roof and as-sabath (window eaves) over the public road, even if he is allowed to pass on the public road.

It is not permissible to remove the roof until it is over a musytarak alleyway, except with the permission of the people who are partners in that alleyway.

What is meant by them is the person whose door is connected to the alley.

What is meant by them is not someone whose house wall touches the alley without a door that leads to the alley.

Each of them has the right to use the alley from the door of his house to the entrance of the alley, not the part after the door of his house to the end of the alley.

It is permissible to move the position of the door of a house in a musytarak alley.

It is not permissible to move the door of a house except with the permission of the people who live there. If they do not allow it, then it is not permissible to move it.

If he is prevented from moving back, then he does the contract of shuluh with the people who live there in exchange for money, then the ruling is valid.

MUHIMMAT IN THE CHAPTER ON SHULUH CONTRACTS

Conditions for the validity of the Shuluh contract

The criteria for the validity of a shufuh contract are two: 1. The precedence of the dispute. 2. Acknowledgment from the other party to the dispute.

CHAPTER HAWALAH (TRANSFER OF DEBT/LETTER OF CREDIT)

(Fasal) explaining hawalah. The phrase “al hawalah” is pronounced with the letter ha in fathah.

There are those who give the kasrah reading to the letter ha’. Hawalah, in etymology, means transfer or transition.

Whereas in legal terminology is the transfer of rights from the dependents of muhil (the party who owes the muhtal and transfers the right to collect the debt to the muhal alaih) to the dependents of muhal “alaih (the party who owes the muhil and is responsible for paying the muhil’s debt to the muhtal).

There are four conditions for a hawalah contract.

The first is the willingness of the muhil. Muhil is a person who has a debt obligation.

It is not the muhal ‘alaih, because there is no need for him to be willing according to the view of al ashah. And hawalah is not valid with someone who does not have a debt.

The second is the acceptance of the muhtal. Muhtal is a person who has / rights in the form of debt that is the responsibility of muhil.

Thirdly, the existence of the transferred debt is already settled in the dependents. Giving the limitation/binding “has settled” is in accordance with what was conveyed by Imam Raff’i.

Imam an Nawawi, however, challenged this opinion in his book ar Raudlah.

If this is the case, then what is considered in a hawalah contract debt is that it must be customary (existing and final, binding and irrevocable) or close to customary.

The fourth is that the debts owed by the muhil and the muhal ‘alaih are compatible in type, size, kind, cash, maturity, whole and broken.

 With the hiwalah contract, the muhil is free of debt to the muhtal.

The muhal ‘alaih is also free from debt to the muhil. The muhtal’s property rights are transferred to the muhal ‘alaih’s dependents.

So if it is difficult to collect it from the muhal ‘alaih because of bankruptcy or reneging on the debt and so on, then it is not permissible for the muhtal to collect it from the muhil.

If the muhal “alaih is bankrupt at the time of the hawalah contract and the muhtal does not know about it, then he is also not allowed to charge the muhil.

MUHIMMAT IN CHAPTER HAWALAH (TRANSFER OF DEBT/LETTER OF CREDIT)

1, Hiwalah is currently a money order

It was ruled that hiwalah, which is known today as money orders, was valid.

2, Terms of Dain in Hiwalah

In ad-Dain al-Muhal bih and ad-Dain al-Muhal ilaih, five conditions must be met,

1. The receivable rights of the muhil that are owed by the muhal alaih have been established.
2. Debt that has existed is final (luzum).
3. Legal to deposit.
4. Muhil’s debt to muhtal must be equivalent.
5. Ma’lum level.

CHAPTER GUARANTEE

(The phrase “diaman” is the masdar form of the words, “I bear something when I bear it”,

And in legal terminology is the ability to guarantee the assets that are dependent on others.

The condition of the person who is safeguarded is to have the ability to tasharruf.

It is valid to assume a debt that has already been incurred by someone, when the amount is known.

With regard to the “mustagirah” stipulation, there is some uncertainty as to whether the dowry is valid before intercourse, even though the debt is not yet settled. Hence Imams al-Rafi’i and al-Nawawi did not stipulate this unless the debt is fixed and customary.

The author’s words, “when the measure is known”, exclude debts for which the measure is not yet known, so they are not valid for garnishment, as will be explained later.

The one who has the right, i.e. the debt, is allowed to collect whoever he wants, whether it is the diamin (the one doing the diaman) or the madimun ‘anh (the one who is owed the debt).

The author’s words, “when it was done on the debt that I have described”, do not appear in most of the texts.

When the amanuensis repays the debt that he owes, it is permissible for him to ask for compensation from the madimun ‘anh, under the conditions mentioned in the words of the Author – below -,

When it is secured and paid off, each of them has received his permission, namely the permission of madimun’anh.

Then the Author explains the implied meaning of His passing words, “when the measure of his debt is known”, with His words here,

It is not valid to agree to guarantee a debt for which the amount is not known, such as when someone says: “Sell this item to so-and-so, and I will pay the price.”

It is not permissible to guarantee a debt that is not yet fixed, such as guaranteeing a hundred that Zayd will have to pay in the future.

Except for the issue of “dark al mabi”, which is mendiaman dark al mabi’.

With this practice, a person is able to bear the tsaman to the buyer if the item sold turns out to belong to someone else.

or someone is willing to bear the goods sold to the seller in case the money paid turns out to belong to someone else.

CHAPTER DLAMAN OTHER THAN PROPERTY

(Fasal) explains being able to bear other than wealth, namely the body, and is called kafolah in wajh and kafalah badan (guarantee of the person) as stated by the author, Kafolah (bearing) the body is permissible when the makful lah (person who is covered), yes’ni on his body there are adami rights, such as gishash, and had – gadzaf (accusing adultery).

With the description of adamic rights, the rights of Allah, the Almighty, are excluded.

So it is not valid to offer kafalah for the body of someone who has a right owed to him by Allah, such as the hads of stealing, the hads of drinking alcohol and the hads of committing adultery.

The kafil (insurer) is deemed to be free of liability by handing over – the body of the makfu (insured person) at the place of handover without any obstruction – which could prevent the makful lah (insured person) from being able to take his rights from the makful.

But if there is a barrier, then the kaffi is not considered free from dependents.

MUHIMMAT IN DHAMAN CHAPTER

1. Insurance Law

Business insurance is not permissible according to sharee’ah, because there is an element of usury, which is the motivation of participants when depositing funds or premiums with the insurance company. And this is the opinion of most fugaha’ today.

2. Illustration of Dhaman ad-Dain Akad

An example of dhaman of debt is: Amru owed Zayd 100 dinars with a definite debt, then Bakar came to assume Amru’s debt, then he said to Zayd: I will take over your debt from Amr.

3. Illustration of the Dhaman Badan or Kafalah Agreement

An example of bodily dhaman or what is called kafalah is: Amru has a legal case of a material nature (maliyyah), or has a legal case of a punitive nature (ugubah) relating to adami rights, such as gishas or glqadaf to Zaid, then bakar said to Zaid: I make a guarantee for you, to present Amru’s body,

CHAPTER ON SHIRKAH (PARTNERSHIP)

 (Fasal) explains shirkah.

Shirkah etymologically means mixing.

And in terms of legal thermonology is the fixed rights in general on one item for two or more people.

Shirkah has five conditions.

First, the shirkah must be conducted with money in the form of dirhams and dinars, even if they have been mixed, but they must remain valid in the market.

It is not valid to do a shirkah contract with tibrin (raw gold), jewelry and saba’ik (gold bars).

Shirkah can also be done with mitsli goods such as white wheat.

It is not valid with mutagawwam (money-denominated) goods, such as merchandise like clothes and the like.

Secondly, the types and kinds of goods being shirkah must be the same. So it is not valid to do a shirkah contract with gold and dirhams, whole money with broken money, and it is not valid for white wheat with red wheat.

The third is that they should mix their two properties, so that they are no longer distinct.

The fourth is each of the two, i.e. the two perpetrators of the Kongsi

A partnership must give its partner permission to operate the shirkah property.

When permission is given, it must be spent in a way that is not risky.

Therefore, it is not permissible for either of them to enter into a contract of sale and purchase at a fixed rate, in a currency other than the local currency, or with a severe loss.

It is not permissible for each of them to travel with the property they have shared except with the permission of the other.

If one of the two partners enters into a contract that is prohibited, then the contract is invalid on the partner’s part.

As for the section itself, there are two opinions on the issue of “tafriqusshufqah”.

Fifth, profits and losses are adjusted according to the size of the two assets.

Either they are of the same size in terms of the assets being shared or they are of different sizes.

Therefore, if they both stipulate that the profit must be the same when the quantity of the assets is different, or vice versa (different in profit when the quantity of the assets is the same), then the shirkah is not valid.

Shirkah is a contract that is permissible for both parties.

Therefore, it is permissible for each of the two partners to cancel the shirkah contract whenever they both wish.

And both partners are deprived of tasharruf because they have canceled the shirkah contract.

If one of them dies, is insane or has epilepsy, the shirkah contract becomes void.

MUHIMMAT IN THE CHAPTER ON SHIRKAH (PARTNERSHIP)

1. Definition of Shirkatul A’mal wal Abdan

The definition of Shirkatil A’mal or Agency is: two people share in one job, and the work is done by both of them, such as tailoring, blacksmithing and wanter’s work. According to the Shaafa’is, Imamiyyah and Imam Zufar of the Hanafi school of thought, this is null and void, because the partnership is limited to wealth and not work.

2. The Shafi’lyyah’s Reason for Prohibiting Shirkatul Abdan

The Shaafa’i Madhhab said: Shirkatul abdan is Fasid, because it is a shirkat on other than wealth, and the workers will vary in terms of strength and enthusiasm as well as work (there is the potential for ghurur).

CHAPTER MEMBERSHIP

(Fasal!) explains the rulings of wakalah.

Lafadz “wakalah” with fathah or kasrah in the waunya, etymologically means delegation or handover.

Meanwhile, in terms of legal thermonology, it is the delegation of a person to another person for matters that he can do himself and can be taken over by others so that he is still alive.

With this restriction (while alive), it excludes Isha’ (delegation of affairs to others to be realized after death).

The Author mentions the limits of wakalah in His words, Anything that a person can do himself, it is permissible for him to delegate it to someone else, or accept the burden of delegating it to someone else.

Therefore, children and the insane cannot be delegated or deputized, and the work that is delegated must be able to be replaced by someone else.

So it is not valid to appoint a proxy for a physical act of worship, except for Hajj and distributing zakaah, for example. -Another condition is that the person who is delegating already has the right to what is to be delegated. “

So if a person delegates another person to sell a slave that he is about to own, or delegates him to divorce a woman, the delegate does not have the right to make an iqrar that is burdensome for the delegate, does not have the right to discharge a debt that the delegate has, and does not have the right to do a shuluh contract on the debt.

The author’s words, “except with the permission of the muwakkil”, do not appear in some of the texts.

According to the correct view, proxy vows are not valid.

MUHIMMAT IN THE CHAPTER ON WAKALAH (REPRESENTATION)

1 Representatives must be cautious in their actions

The deputy is obliged to follow the stipulations of the muwakkil – And also follow the guidance of strong indications from the words of the muwakkil or the customs prevailing in his area. And if this is not available, then he is obliged to adopt a more cautious course of action.

2. The basis of the Muwakkil’s words or customs

The deputy has no action except in accordance with the permission of the muwakkil, both in terms of speech and in terms of the customs prevailing in his area.

3. Differences & Similarities of Shahihah and Fasidah Wakalah

(Conclusion) Valid and invalid vicarious contracts are similar in terms of the performance of the action (tashoruf), and differ in terms of the wage mentioned in the wakalah contract. This means that the wage mentioned in the invalid wakalah contract will be canceled, and instead pay the general wage (ujratul mitsli). Whereas in a valid wakalah the wage mentioned in the wakalah contract must be paid in full.

4. Wakil is different from Muwakkil, but more beneficial

(If a person appoints another person to buy one sheep that is worth one dinar, then he buys two sheep, one of which is worth one dinar, then the purchase is valid for the one who appointed him, because he has achieved his aim and added to the good.

5. What is meant by Ijab in Wakalah:

Representation is conditioned on ijab, which means that there is an expression indicating that the person who is delegating is willing to allocate the thing that is being delegated. Such expressions include writing, and Isyarah, which is understood by a mute person.

CHAPTER IQRAR (ACKNOWLEDGMENT)

(Fasal) explains the rulings of Iqrar. Iqrar in etymology means to establish.

Whereas in legal thermonology is telling – the rights that are dependent on the person who Iqrar.

This excludes shahadah (testimony). This is because shahadah is actually telling another person what belongs to him, which is another person’s burden.

There are two kinds of things that are recognized. One is the right of Allah, such as stealing and adultery.

The second is the right of the son of Adam such as the had of gadzaf (accusing someone of adultery).

As for Allah’s right, it is valid to withdraw acknowledgment of it.

Like someone who has confessed to adultery saying, “I retract this confession,” or “I lied in this confession.” It is mustahabb for the one who confesses adultery to retract his confession.

As for the rights of Adam’s children, it is not valid to withdraw acknowledgment of them.

The distinction between this right and the previous one is that the latter is based on mercy, whereas the former is based on dispute.

Valid confession requires three conditions. One of them is puberty. So the confession is not valid even if the child is about to reach puberty and even if the guardian has permission.

The second is to be of sound mind. Therefore, the confession of an insane person, a person who is unconscious, or a person who has lost his mind for some reason is not valid.

If the loss of reason is caused by something that is not prescribed, then the ruling is like that of a drunkard.

The third is of one’s own free will, so it is not valid for the person being forced to acknowledge what is being forced on him.

If the acknowledgment is of property, then a fourth condition is added, namely rusyd (intelligence). What is meant by rusyd is the existence of the person who iqrar is a person whose tasharruf is absolute (valid tasharruf).

By saying “against. property”, the Author excludes recognition of other than property such as divorce, dhihar and the like.

So it is not stipulated that the person who makes the pledge must be rash, rather it is valid for an idiot to make the pledge.

When a person makes an iqrar with something that is unclear, such as saying, “so-and-so has a right over me”, he is required to explain what the unclear item is.

So his explanation is acceptable with something that has a price, even if it is only a small amount, such as small change. If he had explained the unclear matter with something that does not have a price but is still a type of thing that has a price, such as a kernel of wheat, or is not a type of thing that has a price but is permissible to keep, such as bark, trained dogs and dung, then his explanation in all cases would have been acceptable according to the view of al ashah.

If a person makes an iqrar on something that is not clear and refuses to explain it after being asked to explain, then he is entitled to be imprisoned until he explains what is not clear.

So if he dies before explaining, then it is his heirs who are required to explain, and his estate is put on hold. It is valid to make istitsna’/exclusion in the iqrar when the exception is immediately followed by the iqrar, i.e. the one who is iqrar immediately follows the istitsna’/exclusion with mustatsna minhu.

So if he separates the two by silence – which is long according to ‘urf or other words – then the ruling is not valid.

With regard to the separation in the form of a short pause, such as pausing to take a breath, this does not affect the ruling.

It is also stipulated in istitsna’ that it should not exhaust the mustatsna minhu. So, if the istitsna’ exhausts the mustatsna minhu, such as saying, “Zayd has the right to ten of me except ten,” then the ruling on the istitsna’ is not valid. Iqrar in health and sickness is the same ruling.

So if a person makes a confession when he is healthy that he owes a debt to Zayd, and when he is sick he confesses that he owes a debt to ‘Umar, then the former does not take precedence over the latter. If that is the case, then the item that was iqrari must be divided between them equally.

MUHIMMAT IN THE IQRAR CHAPTER

1.. Legal Status of Signature

The scholars discussed the legal status of signatures. Does it have the status of an iqrar? The Shafi’i madhhab does not regard the signature as an iqrar and does not even regard it as sufficient, because signatures are sometimes forged. However, the madhhab of Imam Malik and others from the mutaakhirin class of scholars are of the view that the signature can take the place of the iqrar.

2. Types of Information

How many divisions are there about information.

1. Iqrar: Sharīʿah refers to a person’s acknowledgment of another person’s right that is owed to him.
2. Da’wa: is the opposite of iqrar.
3. Shahadah: A person’s confession that informs another person of a right that is owed to him.
4. Da’wa and Shahadah: when both are specific.
5. History: if it is general, provided that it relates to empirical matters (mahsus).
6. Ruling: If it relates to shara’ law, If it is binding.
7. Fatwa: When not binding.

CHAPTER ON LENDING AND BORROWING

(Fasal) explaining the rulings of ‘ariyyah.

The word “ariyyah” with its ya’s dydid, according to the correct view, is derived from the words “‘ara ‘idza dzahaba (something flies away when it leaves).”

The essence of ”ariyyah in Sharīʿah is the permission to use from the tabarruʹer, i.e. the person who is authorized to do commercial tasharruf nom on something that is lawful to use without reducing the goods so that it can be returned to the tabarruʹer.

The condition of the lender is that his tabarru’ah is valid, and he is the owner of the benefit of the item that he is lending. Therefore, if a person’s tabarru’ah is not valid, such as a child or an insane person, then his lending is not valid.

And the one who has no benefit, like the borrower, is not allowed to lend the borrowed item except with the permission of the one who lent it to him. The Author mentions the limits of borrowed goods in His words,

Anything that can be used for a permissible purpose, without detriment to the item, is permissible for lending. With the etymology of “permissible”, excluding musical instruments, it is not permissible to lend them.

The words “without detracting from the item” exclude lending a candle “to be lit,” which is not valid. And the words of the author, “when the benefit is in the form of atsar”, exclude benefits that are in the form of goods. Such as lending a sheep for milk, or a tree for fruit, and so on, are not valid.

So if a person says to another person, “Take this goat, I have allowed you to take its milk and its kid,” then that is a valid ibahah, and the goat is a loan.

It is permissible to do ‘ariyyah contracts in an absolute manner without being limited by time.

And in a time-limited way like, “I’m lending you this shirt for a month.”

In some of the texts it is expressed in the words, “It is permissible to do ‘ariyah in an absolute way and with a time limit.”

The lender is allowed to take back the loaned item in each of these two circumstances whenever he wishes.

When a borrowed item is damaged without the permission of the borrower, the borrower must pay the price of the item on the day it was damaged.

Not at the price on the day of the request and not at the highest price.

If it is damaged because of authorized use, such as lending a shirt to wear, and it becomes ugly or torn because of that use, then the lender does not have to compensate the borrower.

MUHIMMAT IN CHAPTER ‘ARIYYAH (BORROWING & LENDING)

1. The Ruling on Borrowing for the Borrower,

It is permissible to borrow something from the hirer, because he owns the benefit of the item, and it is not permissible to borrow from the borrower, because he does not own the benefit, and it is only permissible for him to use it.

2. ID Card Guarantee When Borrowing

Part of the fault is that some people ask for identification or other security for what they have borrowed as collateral, and they return the collateral when the borrowed item is returned, and this is an invalid pledge, because pledges only apply to debts.

3. Damage Replace with a Certain Amount

If a person lends an item on condition that the damage be compensated at a certain amount, then this condition does not invalidate the loan contract.

4. Usefulness of Haram Goods

The conditions of the loaned item are four – one of which is that the benefit of the loaned item is permissible, so it is not valid to loan an item whose benefit is haraam.

CHAPTER GHASAB

(Fasal) explains the rulings on ghasab.

Ghasab etymologically means to take something unlawfully in a blatant manner.

Meanwhile, in legal terminology, it is the control of other people’s rights in a wrongful manner. The measure of control is returned to ‘urf.

Included in the rights of others is something that is legal to be seized in the form of goods other than property such as carrion skins.

The etymology of “wrongfully” excludes controlling another person’s property by means of a contract.

Whoever seizes someone’s property, it is obligatory for him to return it to its owner, even if in returning it he has to bear: many times the price of the item.

He is also obliged to compensate for the shortage of the item if there is a shortage, such as if a person misappropriates a garment and then wears it, or it becomes “less without being used.

He must also pay the standard cost of renting the property that he misappropriated.

But if the value of the thing that was seized becomes less because of a fall in the market price, then the one who seized it does not have to compensate him, according to the correct view.

Some texts use the etymology, “whoever seizes someone’s property is forced to return it”.

If the item that is being misappropriated is damaged, then the one who misappropriated it must replace it with another item if the misappropriated item is similar (mitsil).

According to the correct opinion, what is meant by mitsli is any item that is measured by measure or weight and is permissible for salam, such as bronze and cotton, not ghaliyah oil and ma’jun oil.

The Author explains about the compensation of goods that have a price in His words,

Or the one who seized it must pay the price of the seized item if it has nothing in common with it, in the sense that it is an item that has a price and varies in price, by compensating the highest price from the day of the seizure until the day on which the item was damaged.

What is considered in the price measure is the most traded currency.

If there are two currencies that are equally valid, imam ar Rafi’l said, then the qadli must determine one of them.

MUHIMMAT IN THE CHAPTER ON GHASAB

1. Ghosob does not have to be wealth

Ghosob is defined as taking possession of someone else’s property in a way that is unlawful – haggul ghoir is defined as the right to take possession of something that is not wealthy, such as a dog, animal dung (compost), or the skin of a carcass. Or control over benefits and rights, such as occupying a permissible place, such as a mosque or a highway.

2. Shredding Intermingled Assets,

When ghosoban goods are mixed with lawful property, then he must separate approximately the property that has been dighosob, after which it is then permissible to mentasharufkan (allocate) the rest.

3. Sitting on Someone’s Seat is a form of Ghasab

When a person sits on another person’s vehicle or carpet, he is ghasab, even if he does not move it.

4. To whom does the proceeds of the Ghosaban belong?

If a person hogs someone else’s nets, boats and arrows, so that they can be used to hunt fish or animals, then the catch of fish or animals belongs to the one who hogs them, because he is the one who used them to hunt fish or animals. However, he must pay the standard rental fee for the equipment.

5. Meaning of ‘Ulima Ridhohu

If someone takes someone else’s property, and there is an indication that the owner of the property is willing, then it is permissible for him to take only the amount that the owner of the property is likely to be willing to take. This will vary depending on the person, the amount of the wealth and the situation, and it is clear from the Qur’an, Sunnah and the actions of the Salaf.

CHAPTER ASH SHUF’AH / RIGHT TO BUY

(Fasal) explains the rulings of ash-shufah.

The word “ash shuf ah” is pronounced with the letter fa’in the case of sukun. Some fuqaha’ read the diammah of the letter fa’nya.

The etymological meaning of shufah is to collect.

Whereas in legal thermonology is the right to own by force which is determined for the former sharik over the .sharik who is still new because of the shirkah by replacing according to the level of goods used – sharik hadith to own.

Shufah is prescribed to prevent hardship.

Shufah is obligatory on the shareholders because of the mixing, which is a complete mixing (khulthah ash shuyu’), not a limited mixing (khulthah al jiwar).

So there is no right of shufah for the neighbors, whether they are close to each other or not. Shufah only applies to things that can be divided, i.e. accepting to be divided.

If it is not divisible, such as a small bathroom, then shufah does not apply to this item. If it is divisible, such as a large bathroom that can be used as two bathrooms, then shufah applies to this item,

Shufah also applies to any immovable property of land that is not a waqf property and leased property such as gardens and other buildings and trees, because they follow the land.

The shafi’ (the one doing the shuf’ah) may only take part of the garden.

with the tsaman used to purchase it.

If his tsaman is mitsli, such as grain and currency, then he should take his share with his fellow tsaman.

Or in the form of goods that have a price, such as slaves and clothes, then he takes it at the price of the goods when the sale contract is made.

Shufah, which means taking it, is to be immediate.

If that is the case, then the shafi’ must take it as soon as he knows about the sale of the share.

What is meant by promptly taking the shufah is in accordance with customary measures.

So he is not required to hasten beyond the customary measure of running or anything else.

In fact, the limit in all of that is what is considered to be procrastination in taking – shufah, so that invalidates it. If not, then it does not invalidate it.

So if he delays doing the shufa when he is able to do it immediately, then the right of shufa is nullified for him.

If the person who wants the shuPah is sick, not in the purchaser’s area, imprisoned, or afraid of his enemies, then he should delegate it to someone else if he is able to do so. But if he is unable to do so, then he should bear witness that he wants to take the shuPah.

So if he does not do what he is capable of doing, whether it is delegating or producing witnesses, then his right becomes void according to the view of al-adihar.

If the shayft’ said, “I did not know that the right of shufah is to be done immediately,” and he was one of those who did not know about all that, then he is justified in taking an oath.

When a person marries a woman with a dowry in the form of a sigsh (share), then the shafi’ has the right to take the share by replacing the mitsil dowry on the woman.

When there is more than one shaafa’i, then they are entitled to the shaafa’ah according to the size of their share of the goods that they own. So, if one of them owns half of the garden, the other owns one-third of it, and the other owns one-sixth of it, then the one who owns half sells his share, then the other two are entitled to take it by dividing it by one-third.

MUHIMMAT IN THE CHAPTER OF SHUF’AH

1 shafi’ Collective

If the shufa’ is formed collectively then all of them have the right of shufa’ah according to their percentage of ownership, because the right of shufa’ah is a right that is entitled to be owned, so it is divided according to its level like wages and fruit.

2. Shuf’ah Illustration

An example of Shuf’ah is: Zayd and Amr sold a house that they both owned, then Zayd sold his share of the house to Bakar, then Amr said to Bakar: I have taken your share by way of shuf’ah, and Bakar accepted the sale price or was willing to have his share in Amr’s hands, or gadhi decided for him by way of shuf’ah.

CHAPTER QIRADL (PROFIT SHARING)

(Fasal) explains the rulings of giradl. lafadz “giradI” is etymologically taken from lafadz “al gardl”, which means cutting.

Qiradl is the giving of wealth by an owner to an amil (worker) who will use it to work and the profit from the wealth is shared between the two.

The qiradl agreement has four conditions.

One of them is that qiradl must use money in the form of dirhams and dinars, i.e. mummified ones.

Therefore, qiradl contracts cannot be made using raw gold, jewelry, mixed gold, and other merchandise, including loose change.)

Secondly, the owner of the capital must give permission to the amil to work with absolute permission (not limited).

So it is not permissible for the owner of the capital to make tasharruf difficult for the amil, such as saying, “Do not buy anything until you consult with me,” or, “Do not buy anything except white wheat.” Then the author introduces His words here – below – into His words that have already passed, namely “absolutely”, or giving permission in the case, i.e. in tasharruf on something that is generally uninterrupted.

Therefore, if the owner of the capital stipulates that the amil should buy something that is rare, such as a horse that is black and white, it is not valid.

Thirdly, the owner of the capital requires a clear share of the profit for the amil, such as half or one-third of the entire profit.

So if the owner of the capital says to the amil: “I am doing a qiradl contract with you on this wealth with the promise that you will have a share of this wealth,” then the qiradl contract is invalid, or “with the promise that the profit will be between us,” then it is valid, and the profit will be shared equally.

Fourthly, the qiradl contract must not be limited to a fixed period of time, such as when the owner of the capital says: “I am doing a giradi contract with you for a year.”

It is also not permissible for the giradi contract to be conditional, such as the owner of the capital saying, “When the beginning of the month comes, then I will do the qiradl contract with you.”

Qirado is a trust contract.

If that is the case, then the amil does not have to compensate for his treasures unless he is careless with them.

In some redactions of the matan, the words “bil ‘udwan” are used – with the letter “al”-,

When there is profit and loss in the treasury, the loss is covered by the profit.

You should know that the qiradl contract is permissible on both sides, so it is permissible for the owner of the capital and the amil to cancel it.

MUHIMMAT IN CHAPTER QIRADL (PROFIT SHARING)

1. Capital Owner Determines Profit

It is not permissible for the owner of the capital in a giradh contract to fix the profit forever, for example, every week he must pay 100,000 in profit. In fact, this would be haram, because it is a type of riba.

2. Rupiah as capital for the Oirodh Agreement

The current currency, which in reality no longer uses dinars and dirhams, is valid and legal to make girodh capital, because the current currency can replace the position of gold and silver.

CHAPTER MUSAQAH

(Fasal) explains the laws of musagah.

Musaqah is etymologically derived from the word “as saqyu (watering)”. In legal terminology, it means that a person gives a date palm or grape tree to another person who will take care of it by watering and other treatments, with the agreement that the person will get a clear share of the fruit.

Musaqah can only be practiced on two crops, dates and grapes.

So it is not permissible to do a Musaqah contract on anything other than these two, such as tin fruit and misymis fruit.

Musaqah is valid if it is done for one’s own use, but if it is done for a child or an insane person, then it is valid if it is done by the person who is their guardian, if there is any benefit in doing so.

The wording of the Musaqah contract is: “I am entering into a Musaqah contract with you for this date palm tree for such a share,” or “I am entrusting this date palm tree to you so that you will take care of it,” and other similar words.

It is also stipulated that there must be a beneficiary on the part of the amil (worker). Musaqah has two conditions.

One of them is that the owner must give a definite time limit for the Musaqah contract, for example one lunar year.

It is not permissible to limit the Musaqah contract to the appearance of the fruit according to the view of al ashah.

Secondly, the owner of the tree must specify an exact share of the fruit for the amil such as half or a third.

So, if the owner says to the amil, “By agreement the fruit given by Allah belongs to both of us”, then the ruling is valid and refers to the halves.

Then the work in the Musaqah contract is divided into two types.

One of them is work that benefits the fruit, such as watering the date palms and mating them by placing some of the male date palms on the female date palms, so all of that is the responsibility of the amil.

The second is work that benefits the earth, such as building a water wheel and digging a watercourse, which is the responsibility of the owner of the capital.

It is not permissible for the owner of the tree to require of the amil any work that is not part of the work of the Musaqah contract, such as digging a river. It is stipulated that the amil must do the work himself.

So if the owner of the capital requires his slave to work with the amil, then the contract is not valid.

You should know that the Musaqah contract is permissible on both sides.

If it is known that the fruit that has been produced belongs to someone else, such as if the owner of the date palms has willed the fruit of the date palms in Musaqah, then the amil is entitled to a standard fee for his work from the owner of the capital.

MUHIMMAT IN-CHAPTER MUSAQAH

Types of Work in Musaqah and Illustration of Musaqah

The work in the Musaqah contract can be classified into four types:

1. Work whose benefits are related to the fruit rather than the tree.
2. Work whose benefits are related to the tree rather than the “fruit.
3. Work whose benefits are related to fruits and trees, such as irrigating and clearing grass.

4: Work whose benefits are not related to fruits and trees.

An example of Musaqah is: Zayd said to Amr: I have entered into a Musaqah contract with you for this date palm tree, so that you will care for it in return for half of the fruit, and Amr said: Yes, I accept”.

LEASE CHAPTER

(Fasal) explains the laws of leasing.

The word “al-Ijarah” is pronounced with a kasrah on the hamzah, according to the most common opinion.

And some have narrated that the hamzah reads diammah.

Ijarah is etymologically the name of a fee.

Meanwhile, in terms of legal terminology, it is a contract made on a known benefit, which is intended, and accepts to be handed over to another person and accepts, to be used by paying a known compensation / fee.

The conditions for each of the person renting and the renter are rusyd (intelligent) and there is no coercion.

With the etymology of “known benefit”, it excludes the jwalah contract.

With the description “intended benefit”, renting an apple for its smell is excluded.

With the statement “can accept to be transferred to another”, excluding the vaginal benefits, the contract made on the vaginal benefits is not called ijarah.

The statement “accepting to be used by others” excludes renting out female slaves for sexual intercourse.

The statement “for a fee” excludes the ariyah contract.

The words “known fee” exclude wages from the musagah contract.

An ijarah contract is not valid except with ijab, such as the words “I rent to you”, and qabul, such as “I rent”.

The Author mentions the limits of goods that are valid for renting with His words,

Anything that can be utilized without detriment to the good, such as renting a house to live in and renting an animal to ride, is valid. Otherwise, it is not valid.

The lawfulness of renting out what has been mentioned above has several conditions that the Author explains in His words,

When the benefit of the item is limited/estimated by one of two things,

-that is, sometimes with time such as, “I rent this house to you for a year”.

Or it is limited to work such as, “I hired you to sew this shirt for me.” The fee in an ijarah contract becomes fixed with the contract itself – it does not have to wait for the completion of utilizing the leased item.

Makes the ijarah contract stipulate payment of the fee in cash.

Unless the ijarah contract stipulates that the payment of the fee is due, in which case the payment of the fee is due.

Ijarah contracts are not invalidated by the death of one of the two parties to the ijarah contract, namely the renter and the hirer.

It is not invalidated by the death of both parties to the ijarah contract. In fact, the ijarah contract continues after the death of both parties until the end of the contract period.

And the tenant’s heirs take his place to utilize the leased item.

The ijarah contract becomes void when the thing hired and specified becomes damaged, such as when the house hired collapses, or when the specified riding animal dies.

The invalidation of the ijarah contract because of the things that have been described refers to a later period, not a period that has passed.

So the ruling on the ijarah contract for the period that has passed is not invalidated according to the opinion of al adihar, rather his share of the fee that was mentioned at the beginning remains the right of the renter, taking into account the standard fee.

So that the benefits that exist at the time of the contract are calculated how much approximately has been used in the time that has passed. when it says the rate is so much, then the rate is taken from the agreed cost according to the calculation.

The foregoing explanation that the Ijarah contract is not invalidated by the lapse of time is limited to the lapse of time after the hired item has been received by the hirer and has passed the period … for which it is appropriate to charge.

If this is not the case, then the ijarah contract becomes void for future and past periods.

The description of “the rented item that has been specified” excludes the problem where the riding animal that is being rented is only specified as being in a dependency – it is not specified which one.

Therefore, if the renter brings the animal and it dies in the middle of the rental period, the ijarah contract is not invalidated, and the renter must pay for it.

You should know that the hirer’s control over the hired item is a trust. So he is not obliged to pay for it unless he is negligent with it, such as if he beats a riding animal beyond its usual size, or puts someone heavier than himself on it.

MUHIMMAT IN CHAPTER ON URAH (RENTAL) CONTRACTS

1. Renting For Work

Hiring someone to do work is permissible if the work is known, such as sewing a robe, building a house, carrying goods to an appointed place, etc.

2. Renting to Build a Church

It is not permissible for a kafir dzimmi to build a church for a Muslim because of the haram nature of the work.

3. Renting To Learn Black Magic

It is not lawful to hire to learn Torah, Gospel, sorcery, misdeeds, and astrology.

4, Renting a pond to fish from

Imam Shafi’l and the Ash-hab said that it is not permissible to rent a pond for fish, because a thing cannot be owned with an ijarah contract.

5, Hiring for Inner Work

It is not permissible to hire someone to bring out the Jinn or open someone who is locked up with the inner self,

6 The Shaafa’is Allow Ijarah for Inner Work

From this it can be understood that hiring someone to undo witchcraft is valid, because the person who is hired has to go through the hardship of writing, burning incense and reciting incantations that they usually do,

CHAPTER SAYS

(Fasal) explains the rulings of ju’alah.

The phrase “al ju’alah” is pronounced with three faces on the letter jim – fathah, kasrah and diammah.

The meaning of ju’alah etymologically is something given to someone for what he has done.

Whereas in legal thermonology is the ability of the person who is absolute tasharruf to provide fees /’iwadi to a particular person or not, for work that has been clearly known or not yet known.

The law of jualah is jawaz from both parties, the ja’il (the one who makes the ju’alah)h and the maj’ul-lah (the one to whom the ju’alah is made).

The practice of ju’alah is where a person promises to give a clear reward for returning a lost item.

This is like saying to a person whose tasharruf is valid, “Whoever returns my goods, he will get this reward.”

When someone returns it, then he is entitled to the wage that was promised to him.

MUHIMMAT IN CHAPTER JU’ALAH (COMPETITION)

1. Difference between ‘Ijarah and Jualah

Akad ju’alah (competition) has differences with ijaroh (rent) including. In ju’alah, it is permissible to engage in an unspecified act, or an unspecified act, whereas ijarah is not. In addition, w’alah is a permissible contract, while ijaroh is a customary contract.

2. Illustration of Akad Jualah

Whoever can return my car, with such and such characteristics, will get 1000 riyals. This was a general announcement, so umar heard the announcement, then he investigated the car and was exhausted, so he was able to find it and bring it to Zayd, so he was entitled to the 1000 dinars.

CHAPTER MUKHABARAH

(Fasal) explains the rulings of mukhabarah.

Mukhabarah is work done by an amil on another person’s land (malik) for a portion of the produce that comes out of the land, while the seed is from the amil.

If a person gives land to a man to cultivate, and stipulates that he must give him a reasonable share of the produce, then what he is doing is not permissible.

But Imaam An-Nawawi, following Imaam Ibn Mundzir, prefers the ruling that it is permissible to do a mukhabarah contract. The same applies to the muzara’ah contract, which is work done by an amil on someone else’s land for a portion of the produce that comes out of the land, and the seed is provided by the landowner.

If the landowner hires someone to cultivate his land for a fee in gold or silver, or the landowner stipulates that the fee should be in the form of food that he is accustomed to paying for, then it is permissible.

But if a man entrusts to another man a piece of land on which there are a few or many date palms, then he does a musaqah contract with the man on the date palms, and does a muzara’ah contract with him on his land, then the ruling on this muzara’ah contract is that it is permissible, because it follows on from the musaqah contract.

MUHIMMAT IN THE CHAPTER ON MUKHABARAH

Mukhabarah Akad Engineering

In a mukhabarah contract, where the seeds, labor and tools are provided by the Amil, and the malik only has the land, there is engineering to anticipate the mukhabarah contract, so that it becomes valid and the harvest can be shared.

1. The amil rents part of the malik’s land, 50% for example, in return for 50% of the seed, to be used to plant part of his seed, then the amil gives 50% of his services to plant and care for the malik’s seed free of charge.

2. The amil rents part of the malik’s land, 50%, for example, in return for 50% of the seed to be used to plant and care for the malik’s seed, with this strategy, the malik and the amil have shared (shirkah) in the crops and the benefits of the land with a ratio of 50: 50, because of all the seeds planted, 50% belongs to Malik, and 59% belongs to Amil. Likewise, from all the benefits of the land, 50% belongs to the amil and 50% belongs to Malik, so that when harvesting each has the right with a 50:50 profit margin because in this legal recayability in principle it changes the practice of muzara’ah and mukhabarah into ijarah practice.

CHAPTER IHYA’ AL MAWAT (CLEARING LAND)

(Fasal) explains the rulings of ihya’ al mawat.

Al mawat, as explained by Imam ar Rafi’i in the book Ash Sharh ash Shagir, is land that is not owned and not utilized by someone. “

Cultivating – mawat earth is permissible on two conditions. One is that the person who cultivates it is a Muslim.

It is Sunnah for Muslims to cultivate the dead earth, whether with the permission of the Imam or not.

O Allah, unless there are rights that intersect with the mawat earth.

For example, if the imam restricts a part of the mawat land, and someone wants to cultivate it, then he cannot own it except with the permission of the imam, according to the correct view.

As for the kafir dzimmil, mu’ahad and kafir musta’man, it is not permissible for them to cultivate the mawat land even if the imam gives them permission.

Secondly, the land must be free – not owned by Muslims.

And in some of the wording of some of the matan books using “the land is free land”.

What is meant by the author’s words is that the land that was once inhabited but is no longer inhabited belongs to the person who owned it, if it is known to him, whether he is a Muslim or a kafir dhimmi.

And the vacant land cannot be owned by way of diihya’.

Therefore, if it is not known who the owner is, but the ruins indicate that it was built during the Islamic period, then this land is mal diai’ (wasted wealth).

It is up to the imam to decide whether to keep it or sell it and keep the proceeds.

If the land was cultivated during the jahiliyyah, then it can be owned by means of “diihya’.

The way to do ihya’ is to do something that is customarily considered a form of cultivation of the land being ihya’.

And this varies because of the different goals of the people who cultivate them.

If the cultivator wants to turn the mawat land into a house, then in this case it is required to fence the land by building a fence with something that is customary in that place, namely bricks, stones or bamboo.

It is also required to put a roof over part of the land and install a door.

 If the cultivator wants to use the mawat as an enclosure for livestock, it is sufficient to build a fence that is lower than the fence of the house, and it is not stipulated that there should be a roof.

If the cultivator wants to turn the mawat into a field, he must gather the land around it, level it by hoeing the higher parts, fill in the lower parts, and arrange for irrigation of the land by digging a well or digging a water channel.

If the land is sufficiently watered by the regular rainfall, then there is no need to arrange for irrigation, according to the correct view.

If the one who cultivates the mawat land wants to make a garden, then he must collect soil and build a fence around the garden land if that has been done.

In addition, it is also required to plant something according to the opinion of the madhhab.

You should know that water that is specified for one person is not obligatory for another person’s livestock.

The obligation to provide water is only enforced under three conditions.

One of them is that the water is more than the person who owns the water needs.

If there is no more water, then he has the right to prioritize himself and is not obliged to give it to others.

Secondly, the water is needed by others, either for themselves or their animals.

This is because there are pastures on which livestock graze, and it is not possible to graze them except by giving them water.

And it is not obligatory for him to provide water for other people’s crops and not for his trees. other people.

Thirdly, the water is still in its place, which is the place where the water comes out, either a well or a source.

So when this water has been taken in a container, it is not obligatory to give it according to the saheeh opinion.

When it is obligatory to give water, then what is meant by this is to allow other people’s livestock to come to the well, if the owner of the water is not bothered about his own crops and livestock.

If he is disturbed by the arrival of livestock, then the animals are prevented from coming to the well, and for the shepherds who must fetch water for the animals, as stated by Imam al Mawardi.

If it is obligatory to provide water, then it is not permissible to charge for it according to the saheeh view.

MUHIMMAT IN CHAPTER IHYA’ AL MAWAT (CLEARING LAND)

1. Utilization of Public Facilities

In the utilization of public facilities, the imam and others of the rulers are prohibited from charging fees, whether on a commercial basis or not, because public facilities are legally the same as dead land.

2. Legal Status of Petroleum

If there is a treasure in the earth that requires work and money to extract, and it serves a public purpose, such as the discovery of kerosene today, as Shaykh Abi Ishag said, then the discoverer cannot own it, which is in line with what the scholars of Tahgig said, because it is not permissible for individuals to own something that serves a public purpose.

CHAPTER WAKAF

(Fasal) explains the laws of waqf.

Waqf etymologically means to hold back.

Whereas in legal thermonology is holding certain property that accepts to be transferred which may be utilized without removing the goods and cutting off the right of tasharruf on the goods because it is to be used for good with the aim of getting closer to Allah Ta’ala.

The conditions of the person who donates must be valid ibarah and valid tasharruf non conpensional words.

Waqf is permissible under three conditions.

In some of the redactions of the matan books using the etymology “waqf is jawaz.

And waqf has three conditions”.

One of them is that the maukuf (the item being donated) must be an item that can be utilized without losing the item.

The benefit must be a permissible benefit that is intended. So it is not valid to endow musical instruments and endow dirhams to be used for decoration.

It is not required that the benefit must exist at that time.

Therefore, it is valid to donate slaves and donkeys that are still young.

As for goods that cannot be settled ainiyah / material, such as food and fragrances, then it is not valid to donate them. Secondly, waqf must be given to the origin (first maukuf alaih) which already exists, and the far (next maukuf alaih) which will not be interrupted – it will always exist.

So it excludes waqf given to the son of the donor who will be born later on” given to fuqara’.

This example is called munggati’ al awwal (the first maukuf alaih is cut off). If the wakif (the person who made the endowment) does not mention the words “then afterwards it is given to the fugara”, then this example is munggathi’ awwal wal akhir (the first maukuf and the last are cut off).

The author’s words “uninterrupted” exclude waqfs that are munggathi’ al akhir (interrupted by the next waqf) such as the waqif saying, “I endow this to Zayd and then to his children”, and he does not add any words after that.

There are two opinions concerning this matter, one of which says that this example is in fact invalid, as is the case with munggathi’ al awwal. This is the view that the author agrees with.

But according to the correct view, it is valid.

Thirdly, the waqf is not done on something that is forbidden. Lafadz “mahdhur” using the letter dha’ which is read, by lifting the tongue, yes’ni which is forbidden.

Therefore, it is not valid to waqf to build a church that is used for worship. The author’s explanation gives us an understanding that it is not required that the purpose of waqf should be obvious, rather it is important that there is no element of sin, whether the purpose of worship is obvious, such as waqf to the fugara’, or not obvious, such as waqf to the rich.

In a waqf, it is required that it not be limited by time, such as, “I waqf this item for a year.”

And it is not conditional on something, such as the waqif saying, “When the beginning of the month comes, then I will indeed endow this item.”

The waqf is tailored to what the waqif stipulated for the item, i.e. the condition of giving precedence to some of the people who get the waqf such as, “I waqf to my children who are the most vigilant.”

Or postpone some of it like, “I waqf to my children. Then when they are gone, then to their children.”

Or equalizing – among all maukuf alaih – such as, “I waqf to my children equally between a boy and a girl.”

Or favoring some of his children over others such as, “I waqf to my children, the male getting twice the share of the female. “

MUHIMMAT IN THE WAQF CHAPTER

1. The Foundation of Waqf Evidence

The hadith states: When a Muslim dies, his deeds are cut off except for three things 1. A Jariyah charity. (2) Useful knowledge. (3) A righteous child of Islam who prays for him. The word charity is directed by the scholars to waqf only, and not to anything else, such as a will whose benefit is permissible.

2. What Dawam means by Waqf

What is meant by lasting in waqf is looking at the custom, even if the time is not long. So it is valid to endow a mudabbar servant.

3. Restricted Waqf is Permissible but with Conditions

A waqf that is given a time limit, such as one year, is not valid, but if after the time limit there is another mashrof (person who receives the waqf) then it is valid. For example, I waqf this item to Zaid for one year, after that to the people of Fagir. Then it is valid.

4. Waqf must be clearly spoken

Wagaf is not valid except by speech, so if someone builds a mosque and prays in that place, or he gives permission for people to pray in that place, then that place will not be wagaf.

5. Nadjzir Khos That Takes Precedence

The “am nadzir, like the Oodli or Wali, does not have the power to manage waqf property or Mosque goods, as long as there is a specialized nadzir who is more skilled.

CHAPTER ON GRANTS

(Fasal) explains the laws of hibbah. Hibbah is etymologically derived from the words “blowing water”.

And it can be taken from the words “one awakens from sleep when he is awake”,’ then it is as if the person doing: hibbah is awake to do ‘good’.

Hibbah in legal terminology is giving ownership of an object: directly and absolutely while still alive without asking for something in return, even to someone who is higher in rank.

The words “directly” exclude wills.

The words “absolutely” exclude time-limited property grants.

With the description “thing”, – it excludes hibbah in the form of benefits. With “while alive”, it excludes wills.

Hibbah is not valid except with ijab (handover) and qabul (acceptance) by speech.

And the Author explains the limitations of goods that can be given away in His words, Anything that can be sold can be given away.

And something that cannot be sold, such as goods that are not clear, then it is not permissible to give it in charity, except for two grains of wheat and their equivalents.

It is not permissible to sell the two kernels of wheat, but it is permissible to give them in charity.

Hibbah cannot be owned and is not permanent unless the goods have been received with the permission of the giver.

So, if the person who is given or the giver dies before the thing that was given is received, then the hibbah is not damaged, and it is the heirs who replace them in receiving and handing it over.

Once the giver has accepted the gift, it is not permissible for the giver to take it back unless he is the giver’s parent, even if he is of the same age.

When someone gives for life an item, a house for example, it is like saying, “I give you this house for life.” Z. Or renting the house to someone else, such as when he says, “I give this house to you and I make a rugbah to you,” i.e. “If you die before me, then this house comes back to me. And if I die before you, then this house remains yours.”

Then the person to whom it is given accepts it, so it becomes the property of the giver for life or of the person to whom it is given, using the isim maf’ul form in both cases.

And it is owned by his heirs after he dies, while the conditions that are said are not useful.

MUHIMMAT IN HIBBAH CHAPTER

1. Allocation of Restricted Giving

When it is permissible for someone to take something that belongs to someone else, and he gives it with some predetermined characteristics, then it is not permissible for the one who is given to give it to someone other than the giver.

2. Differences and Similarities of Hibbah, Sadaqah and Gifts

If a person gives something for the purpose of need or to gain reward, and there is a shighot (handover), then it is called hibbah and shodaqoh. “If it is for the purpose of honoring, along with the shighot, then it is called hibbah and gift. “If there is no intention of reward and honor, but the sighot is included, then it is called hibbah only. “If it is done out of necessity or for the purpose of gaining merit without the shighot, it is called shodagoh. “And if the intention is to honor without the sighot, then it is called a gift.

This means that each of the three has a generality and a specificity.

3. Gifts with Job Requirements

If a person gives a gift to another person on the condition that he does something, but he does not do it, then he must return the gift if it is still there. And if it is gone, then it is obligatory to replace it.

4. Khilaf Mu’athoh also applies to Hibbah

Imam Nawawi said in his syarah of muhadzab: The khilafah that applies to al-mw’atoh also applies to ijaroh, rohn and hibbah.

CHAPTER LUQATHAH (FOUND OBJECTS)

 (Fasal) explains the laws of luqathah.

Luqathah, with the gaf pronounced fathah, is the name of something that is found.

The meaning of luqathah in legal terminology is property that is wasted from its owner due to falling, forgetting and so on.

When a person, whether he has reached puberty or not, whether he is a Muslim or not, whether he is an infidel or not, finds something in the earth or on the road, it is permissible for him to take it or leave it.

But taking it is better than leaving it, if the one who takes it believes that he can take care of it.

Had he left it alone – without taking it at all, then / he would have had no liability.

It is not obligatory to appoint witnesses for found property, whether it is for possession or for safekeeping. The qadli must take the found property from the unjust person and hand it over to the just person.

The announcement of the misfit’s ownership of the found property cannot be made binding, rather the gadi must include a fair supervisor of the misfit in order to prevent him from betraying the found property.

The guardian should take the found property from the child and announce it. Then after announcing it, the guardian has the right to take possession of the found item for the minor, if he sees that there is a masiahah (hardship) in taking possession of the found item for the minor.

When a person takes a found item, it is obligatory for him to know six things about it after taking it.

That is the container, whether leather or cloth for example.

Its ifash, which means container.

And the rope. The word “wika” is pronounced long. Wika’ is the rope used to tie up the found item.

And its kind, of gold or silver. And its quantity, and its weight, and its quantity, and its weight.

The phrase “ya’rifa”, with the first letter pronounced fathah and the second letter pronounced sukun, is derived from the masdar “ma’rifah (to know)”, not from the masdar “ta’rif (to announce)”.

And it is obligatory to keep it in the storage place of his neighbor’s goods. Then, after what has been explained, when the finder wants to take possession of the item, it is obligatory for him to announce it for a year at the doors of the mosque when people come out after praying in congregation. The word “arrafa”, with the letter ra’d, is derived from the masdar “ta’rif” (to announce).

not from the masdar “ma’rifah (knowing)”.

And in the place where he found the item. In the markets and other places where people gather. ” Announcing is according to custom, time and place.

The beginning of the year is counted from the time of announcement, not from the time of discovery.

And it is not obligatory to announce for a full year.

However, first they should be announced twice a day, in the morning and afternoon, not at night, and not during the gailulah (afternoon break). After that, it will be announced once or twice a week.

When announcing a found item, the finder should only mention some of the characteristics of the found item.

Therefore, if he mentions too many characteristics, he is liable to pay compensation (dlaman).

The finder is not obliged to pay the announcement fee if he takes the found item with the intention of keeping it for the owner.

The qadli may even take the costs from the baitulmal or the finder’s debt on behalf of the owner.

If he takes the found item to own it, then he is obliged to announce it, and he is obliged to pay for the announcement. Whether he owns it afterwards or not.

If a person finds something that is crumbling, then he is not obliged to announce it for a year, rather it is sufficient to announce it within the time that he thinks that the owner will not care about it after that time.

Then, if he does not find the owner after announcing it for a year, then it is permissible for him to take possession of the found item on condition that he will replace it – when the owner is found.

The finder cannot immediately take possession of the found item just by the lapse of a year, rather there must be words that indicate taking possession such as, “I take possession of this found item.”

If he has taken possession of the found item and the owner comes when the item is still as it was and both agree to return the item or agree to return a replacement, then the matter is clear.

If the two differ in opinion, the owner wants the item and the finder wants to transfer it to his successor, then the owner is favored according to … the opinion of al ashah.

If the found item is damaged after the finder has taken possession of it, then he is obliged to replace it if it is a mitsl item.

Or compensate for the price, if it is an item that has a price, with the price at the time of taking possession. If the found item is deficient because of a defect, then it is permissible for the owner to take it with compensation for the defect, according to the view of al-Shaah.

Found goods, in some of the redactions of the matan books using “number of . found goods”, are divided into four types.

One of them is goods that are intact for a long period of time, such as gold and silver.

In this case, the information that has passed, i.e. announcing it for a year and taking possession of it after a year has passed, is the ruling, i.e. the ruling on goods that are intact for a long period of time.

The second type is found items that do not last long, such as wet food. The finder of the item is allowed to choose between two things.

Eating it and paying for it, i.e. paying the price. Or selling it and keeping the proceeds and selling it until it is clear who owns it. The third type is goods that last for a long time by processing, such as wet dates and wet grapes.

So the inventor should do what is right, which is to sell it and look after it – sell it, or dry it and look after it until it becomes clear who owns it.

The fourth is found items that require sustenance, such as animals. And this part is of two kinds,

One of them is an animal that cannot defend itself from small hunting animals, such as goats and calves.

The recipient is allowed to choose between three things: eating it and paying for it, not eating it and giving it in charity by providing for it, or selling it and keeping the proceeds until it becomes clear who the owner is.

The second is animals that can protect themselves from hunting animals: small ones like camels and horses.

So, if the discoverer finds it in the wild, he must leave it alone, and it is forbidden to take it for possession.

So if he takes it to own, then he has the burden of paying for it (dlamman).

If the finder finds it in a settlement, then he is allowed to possess any of the three “things” on the animal.

What is required are the three things that have been explained in the case of animals that cannot protect themselves.

MUHIMMAT IN THE CHAPTER ON LUQATHAH (FOUND OBJECTS)

1. Frivolous Finds,

When finding a barfhg that has no price, such as a grain of rice and the like, there is no need to announce it. The finder may allocate it as he wishes. And if it is valuable but small, then according to the ashoh opinion, it does not have to be announced for one year, rather it is sufficient to announce it within a period of time that the owner no longer cares about the item.

2. Found at Sea

The ruling on goods that fall into the sea is that they are abandoned (madlun di6i’) and are allocated for the benefit of the public interest. However, if there is any hope of finding the owner, then it is obligatory to keep it until the owner picks it up.

3. Status of Flooded Assets

According to the scholars, property that is carried by floods is classified as abandoned property (maaludh dho’i), but according to Imam Hasan al-Bashri: the person who finds it can own it as long as the owner is not known.

4. Sometimes Announcing is Forbidden

Announcing a lost item is forbidden if there is a fear of confessions from fraudsters. And the found item should be kept by the finder forever, but should be allocated to the public good, like the mashraf of the baitul mal.

ABANDONED CHILD CHAPTER

(Fasal) explains the rulings on lagith. lagith is a child who is abandoned and there is no one to take care of him, be it his father, grandfather, or those who take their place.

The equivalent of a child, as some of the scholars put it, is a lunatic who has reached puberty.

When a Jagith, meaning malguth (found child), is found by the roadside, then taking him from there, caring for him and bearing him is an obligatory kifayah (collective obligation).

When it has been taken by some of those who are entitled to care for it, then the charge of sin is dropped from the rest. So, if no one takes it up, then everyone is sinning. If only one person knows about it, then the charge is only specific to that person (fardlu ‘ain).

According to the ashah opinion, it is obligatory to appoint a witness to the finding of the abandoned child. The author hints at the conditions of finding a foundling with his words.

A lagith is not handed over except to a trustworthy, free, Islamic and rashid person. “

If property is found along with the child, then a judge should support the child from that property. It is not permissible for the finder to support the child from the property except with the judge’s permission.

If no property is found with the child, then his maintenance is taken from the baitulmal, if he does not have a right to general property such as waqf property for abandoned children.

MUHIMMAT CHAPTER ABANDONED CHILDREN

1. Eligibility for Collection of Abandoned Children

The conditions of the lagith (collector of abandoned children) are: 1. Independent. 2. Clever. 3. Fair.

2. Testimony on abandoned children

Giving testimony on the discovery of abandoned children according to the gaul ashah is obligatory, because it is an effort to protect the status of the child’s freedom and anticipate slavery efforts, while according to the mugabil ashah it is not obligatory, because it adheres to the nature of trust, as found goods.

CHAPTER WADI’AH (ENTRUSTED GOODS)

(Fasal) explains the rulings of wadi’ah.

The word “wadi’ah” which follows the wazan “fa’ilatun” is taken from the fi’il madii “wadda’a” (to leave) when He leaves it.

Etymologically, wadi’ah is expressed in something that is entrusted to someone other than the owner to take care of.

And in terms of legal terminology, it is expressed in contracts that stipulate guarding.

Wadi’ah is a trust that is in the hands of the wadi’ (the person who is entrusted).

It is mustahabb to accept a trust for someone who is capable of fulfilling the trust, if there is someone else available.

If there is none, then it is obligatory to accept it, as a group of scholars have ruled.

Imam an-Nawawi said in his book ar Raudlah and its origin: “This ruling is only for the purpose of receiving it, not for the purpose of using it and keeping it free of charge.” The wadi (depositor) is not obliged to replace the deposited item unless he is careless with it.

The forms of carelessness are many and are mentioned in lengthy books.

One of them is that he entrusted the goods to someone else without the owner’s permission and without any excuse.

This includes moving the entrusted item from one neighborhood or house to another place that is less secure than the first place. The word muda’ (the one who is entrusted), with the fathah in the initial letter, is acceptable in the case of returning it to al mudi’ (the one who entrusted it), with the kasrah in the initial letter.

The wadi’ must keep the entrusted goods in the place where his neighbor’s goods are kept. If he fails to do so, then he has the burden of replacing it.

When the wadi’ is asked to return the entrusted item, but he does not do so when he is able to, and the item is damaged, then he is obliged to pay for it. If he delays returning it because he has an excuse, then he is not obliged to pay for it.

MUHIMMAT IN CHAPTER WADI’AH (ENTRUSTED GOODS)

1. Giving a Time Period in Wadi’ah Agreements

It is permissible to give the entrusted asset a period of time, and to make the return contingent upon the conclusion of the contract, as is the case with a wakalah contract.

2. Making it a condition to pay for the entrusted goods

Scholars differ on whether there is a requirement in the wadiah contract for the person who entrusts the trust, in exchange for the cost of looking after the trust. There are three views on this, according to the Hanafi and Shafi’i madhhabs: It is permissible to impose a condition in the form of money as a reward for guarding the entrusted goods, and the condition is valid and must be carried out.

3. Using entrusted goods

When someone entrusts clothes to you and gives you permission to wear them, and you wear them, this is an ariyah (loan) contract, but if you do not wear them, then it is a wadi’ah contract.

BOOKS ON FARAIDL AND WILLS

The phrase “al fara’id” is the jama’ form of the phrase “faridlah”, which means “mafrudiah”, which is taken from the masdar form of the phrase “al fardi”, which means a definite share. A faridlah in legal terminology is the name of a definite share for the person who is entitled to it.

The phrase “al washaya” is the jamaic form of the phrase “washiyyah” from the words “I connect something with something else when I connect it with that something else.” Wasiat, in legal terminology, is a sunnah charity with a right that is predicated on the time after death.

The categories of male heirs who were agreed to be entitled to inherit were ten in summary, and fifteen in detail.

The Author mentions the ten persons in His words, “namely, the son, the son of the son downwards, the father, the grandfather upwards, the brother, the son of the brother however far away, the paternal uncle, the paternal uncle’s son however far away, the husband, and the master who has freed.

If all these men were to come together, only three people would inherit from them: the father, the son and the husband.

The corpse in this case is none other than a female corpse.

The group of female heirs who were agreed to be entitled to inherit were seven in summary, and ten in detail.

The Author mentions the seven classes in His words, “namely daughters, granddaughters of sons even downwards, mothers, grandmothers even upwards, sisters, wives, and mistresses of emancipated women” until the end of His explanation.

If the entire group of women only gathered, then only five people would inherit from them, namely 1daughter, 2granddaughters of sons, 3mothers, 4wives and Ssaudara perempuan seibu sebapak.

A corpse in this form is nothing but a male corpse.

There are five types of heirs who will never be disqualified under any circumstances, “namely zaujain (husband and wife), abawain (father and mother), and biological sons, whether male or female.

There are seven people who are completely disinherited in various circumstances, namely male and female slaves. Had the author used the etymology “ragig”, it would have been better,

Furthermore, 2 mudabbar slaves, 3ummul walad, and 4 mukatab slaves.

As for a slave who is partly free, when he dies and leaves behind property that he owned with the free status of part of him, he will be inherited by his free relatives, his wife and the one who freed part of him.

And the one who kills. A murderer cannot inherit from the person he killed, whether or not the murder was punished.

And 6 apostates. An apostate is a zindig disbeliever, who conceals his disbelief and shows his Islam.

And adherents of two different religions. So a Muslim cannot inherit from a disbeliever, and vice versa. A disbeliever can inherit from another disbeliever even though the religions of the two are different, such as Jews and Christians.

A kafir harbi cannot inherit from a kafir dzimmi, and vice versa.

An apostate cannot inherit from another apostate, neither from a Muslim nor from a disbeliever.

And the closest group of ashabah inheritance. In some of the texts, the mufrad phrase “al ashabah” is used.

What is meant by the group of ashabah inheritance is the one who, when in the state of being inherited, does not have a definite share, namely from those who are agreed to be entitled to inheritance and have been explained earlier.

What is considered is the share when in the state of ashabah, so as to include the father and grandfather. This is because each of them has a definite share apart from the state of ashabah.

Then the Author counts the closest order in His words, “then the son, then the grandson of the son, then the father, the father’s father, the brothers of the father and the mother, the brothers of the father, the sons of the brothers of the father and the mother, then the sons of the brothers of the father”, until the end of the explanation. The author’s words, “then the paternal uncle in this order, then his sons,” means that the paternal uncle who is a father and a mother, then the paternal uncle who is a father, then the sons of the paternal uncle in this order, come first, 

When there are no ashabah heirs from the lineage, and the deceased was a freed slave, then the master who freed him inherits from him by way of ashabah inheritance, whether the master who freed him was male or female.

If there are no ashabah heirs of the deceased from the nasab line and the cause of wala’, then the estate of the deceased becomes the property of the baitul mal (State treasury).

CHAPTER OF DEFINITE PARTS

(There are six definite sections mentioned in the Book of Allah. Some of the texts use the phrase “wal furudl al mugaddarah”.

It is not added or subtracted from it unless something new comes along such as the issue of “al ‘aul”. The six parts are none other than 1/2, 1/4, 1/8, 2/3, 1/3 and 1/6.

The scholars of fara’idl expressed all of this in a succinct way: “The exact shares are 1/4, 1/3, a multiple of each, and half of each.

So half is the share of five people. 1Daughter, 2daughters of a son, when each of them is not together with the man who has inherited him.

 3Sisters from the father’s and mother’s side, and 4Sisters who are fathers, when each of them is not together with the man who has kasashabahkan her.

And the husband when he is not with the deceased’s children, whether sons or daughters, and not with the children of the deceased’s sons.

A quarter is the exact share for two people.

It is the husband’s share when it coincides with the children or grandchildren of the deceased’s sons, whether those children are the husband’s or someone else’s. One-fourth is the share of one, two or more wives when it does not coincide with the children or grandchildren of the deceased’s son. | The most eloquent language in the phrase “az zaujah” is to omit the ta’s, but keeping the ta’s in faraid is better because it distinguishes between wives and husbands. One-eighth is the exact share of one, two or more wives at the same time as the son’s children or grandchildren. They are all allies in owning one-eighth.

Two-thirds is the exact share of daughters of two or more, and granddaughters of sons, two or more. In some editions of the matan it is mentioned with the etymology, “wabanati ibni”. And the exact share of sisters of the same mother, and the same father, two or more.

This is when each of the two is not together with his brothers.

So, when there are brothers with them, they will sometimes get more than two-thirds, as if there are ten of them and one of them is a man, then they will get ten out of twelve shares, which is more than two-thirds.

And sometimes it gets less than two-thirds, like two daughters with two sons.

One-third is the exact share of two people.

That is, the mother when she is not obstructed.

This is when the deceased has no children, grandchildren of sons, or two brothers or sisters.

Whether they are brothers or sisters, fathers only, or mothers only.

One-third is the share of two or more brothers and sisters” of the mother’s children.

Whether they are male, female, transvestites or some are of this sex and some are of the other sex.

One-sixth is the exact share of seven persons, namely the mother when together with children, grandchildren of sons, two or more brothers and sisters. There is no distinction between those who are mother and father and those who are not, and between some who are mother and father and those who are not.

One-sixth is the share of one, two or several grandmothers, when there is no mother.

And the share of the granddaughter of a son when it coincides with the daughter of the deceased because it is to complete the share of two-thirds.

One-sixth is the share of a sister in law when it coincides with a sister in law in a thousand because it completes the share of two-thirds. One-sixth is the father’s exact share when it coincides with a son or grandson of a son.

Included in the Author’s statement is the issue of if the deceased leaves behind a daughter and a father, then the daughter gets a half share, while the father gets “a definite share of one-sixth and the share of the remaining ashabah.

and -one-sixth is the share of the grandfather who gets the inheritance when there is no father. The grandfather also gets a definite share of one-sixth when he is with a brother. This is the case when the grandfather has a definite share, and one-sixth of the estate is better for him than the share of the mugasamah, and the one-third share of the ashabah (tsulusul bag), as in the case of two daughters, the grandfather, and three brothers.

One-sixth is the exact share of one of the mother’s children, whether male or female.

Grandmothers, both near and far, are disqualified because of the mother alone.

Grandfather becomes invalid because of father.

The mother’s son, i.e., the mother’s brother, is disqualified when it coincides with four people. They are the children of the deceased, whether male or female.

And simultaneously with the grandchildren of sons, as well as both boys and girls. And concurrent with the father or grandfather even up to the top.

A brother who is a mother in law is disqualified when it coincides with three people, namely a son, and a grandson of a son, even if it is downward. And when it coincides with the father.

A father’s son – a father’s brother is disqualified on the basis of four persons, namely on the basis of three persons, namely a son, a grandson of a son and a father. And because of brothers who are one-mother fathers.

There are four people who share their sisters, i.e. women. The man gets a share equal to the share of two women.

Namely sons, grandsons of sons, brothers of the same age and brothers of the same age.

But a brother who is a mother cannot disinherit his sister, rather they both get a third share. There are four people who get inheritance while their brothers and sisters cannot get inheritance. They are the paternal uncle, the paternal uncle’s son, the brother’s son, and those who get ashabah inheritance from the freed master.

They are the only ones who get inheritance without including their sisters because they are actually ashabah who can get inheritance, while their sisters are included in dzawil arham who cannot get inheritance.

MUHIMMAT CHAPTER INHERITANCE

1. Structure of Inheritance Rights

The structure of inheritance rights is threefold: 1. The warrants. 2. The treasure that is warranted. 3. The right that is inherited.

2. Causes for Getting the Right of Warits

The causes of getting the right of warits are four, 1. Relatives. 2. Nikah. 3. Warits wala’. 4. The direction of Islam.

3, The Law of Adultery

The child of adultery can inherit the property of his mother and vice versa, and cannot inherit the property of his father and vice versa.

CHAPTER WIZARD

(Fasal) explains the laws of wills.

The meaning of will in etymology and legal terminology has been explained at the beginning of the book “FARAIDL”.

It is not required that the item to be bequeathed be ma’lum and already in existence.

Based on this, it is permissible to make a will with an item that is ma’lum and an item that is majhul, such as milk that is still in the milk bag of an animal.

And -will with goods that have already come into existence or have not yet come into existence, such as the will of dried dates from this tree before the fruit comes into existence. The referee shall take one-third of the estate of the testator.

So, if it is more than one-third, then what is more depends on the consent of the heir who has absolute tasharruf. 

If they agree, then their agreement is a form of realization of the will with more than one-third of the wealth.

If they refuse, then the testamentary ruling becomes void on the portion that is more than one-third.

It is not permissible to make a bequest to an heir, even if it is from a portion of one-third of the estate of the testator, unless the other heirs who are subject to absolute tasharruf agree.

The Author explains the conditions of the testator in His words,

The ruling is valid, and some of the texts use the etymology “the ruling is permissible”. The will of any person who has reached the age of puberty and is of sound mind, i.e. a person of free will, even if he is a disbeliever or a person whose will is suspended because of ignorance. Therefore, the wills of the insane, the epileptic, the young and the coerced are not valid.

The Author mentions the conditions of the person to whom the will is given when it is specified in His words, “-the will is valid on the one who is capable of taking possession”, i.e. any person who is capable of taking possession.

A child, an adult, a person of sound mind, an insane person, and a fetus that is already in existence at the time of the will, meaning that the baby was born less than six months after the time of the will.

The words “a specific person” exclude the problem when the person to whom the will is given is jihah “ammah (general purpose).

Therefore, the condition in this case is that the bequest should not be in the line of immorality, such as building a church for Muslims or disbelievers in order to worship there. . It is valid to make a will in the cause of Allah, may He be glorified and exalted, and to spend it on those who are fighting.

Some texts use the etymology “fi sabilil bir” instead of “sabilillah”, such as bequests to the poor, or building mosques.

The ruling is valid, and some of the texts use the etymology “the ruling is permissible”. The will of any person who has reached the age of puberty and is of sound mind, i.e. a person of free will, even if he is a disbeliever or a person whose will is suspended because of ignorance. Therefore, the wills of the insane, the epileptic, the young and the coerced are not valid.

The Author mentions the conditions of the person to whom the will is given when it is specified in His words, “-the will is valid on the one who is capable of taking possession”, i.e. any person who is capable of taking possession.

A child, an adult, a person of sound mind, an insane person, and a fetus that is already in existence at the time of the will, meaning that the baby was born less than six months after the time of the will.

The words “a specific person” exclude the problem when the person to whom the will is given is jihah “ammah (general purpose).

Therefore, the condition in this case is that the bequest should not be in the line of immorality, such as building a church for Muslims or disbelievers in order to worship there. . It is valid to make a will in the cause of Allah, may He be glorified and exalted, and to spend it on those who are fighting.

In some texts, the etymology “fi sabilil bir” is used instead of “sabilillah”, such as bequests to the poor, or building mosques.

It is valid to make a will, such as a will to pay off debts, execute a will, and take care of the affairs of minor children, for someone who has five characteristics.

1Islamic, 2baligh, 3reasonable, 4independent, 5trustworthy. The author suffices the condition “fair” with the etymology “trustworthy”. Therefore, it is not valid to make a bequest to someone who has characteristics that are contrary to those mentioned.

However, according to the view of al ashah, it is permissible for a kafir dhimmi to leave a will to a kafir dhimmi who is just in his religion to take care of the children of a kafir.

The person being bequeathed is also required to be able to dispose of it.

So if a person is unable to do tasharruf because he is too old or senile, for example, then it is not valid to make a will for him.

When these conditions are met for the mother of the child, she is more entitled than others.

MUHIMMAT IN THE CHAPTER ON WILLS

The will of reciting Surah Yasin and Tabarak

If a person intends that Surahs Yasin and Tabarak should be recited every day, and the reward should be given to his soul, and the wages of those who recite them should be paid from his estate, then the ruling is valid.

A BOOK ON THE RULINGS OF MARRIAGE & ISSUES RELATED TO MARRIAGE

In some wording using etymology, “the rulings and issues related to marriage.”

This sentence does not appear in some of the texts.

Nikah is etymologically expressed to mean gathering, wathi’/relationship – biological and contract.

And in legal terminology it is expressed to indicate a contract that contains several pillars and conditions.

Marriage is mustahabb for the one who needs it because of the strong desire in him to have biological relations and he has the means such as dowry and maintenance.

If he cannot afford it, then it is not mustahabb for him to get married.

It is permissible for a free man to marry only four free women. Unless he has the right to only one of them, such as the marriage of an idiot and his neighbor, which is a marriage based on necessity.

For a slave, even a slave who is mudabbar, muba’adlI, mukatab, or a slave whose freedom is dependent on -: an attribute, it is permissible to have only two wives.

It is not permissible for a free man to marry another man’s slave woman except under two conditions: he does not have the dowry to marry a free woman, or he cannot find a free woman or there is no free woman for him to marry, and he fears committing adultery while he cannot find a free woman.

The Author left out the other two conditions,

The first is that he does not have a free woman wife, Muslim or People of the Book, whom he can still enjoy.

Secondly, the slave woman to be married by the free man is Muslim. . Therefore, it is not permissible for a Muslim man to marry a slave woman of the Book.

If a free man marries a slave girl under these conditions, then he becomes rich and marries a free woman, his marriage to the slave girl is not invalidated.

A man’s gaze on a woman is divided into seven kinds:

Firstly, the sight of a man, even if he is old and incapable of having intercourse, looking at another woman (non-mahram and non-wife) without the desire to look at her, is not permissible (Haram).

If he looks at her because he has a need, such as testifying against her, then it is permissible.

The second is the view of a man on his wife and slave girls.

It is permissible for him to look at each of them other than their private parts.

As for the private parts, it is haraam to look at them. This is the weak opinion.

The correct view is that it is permissible to look at the private parts, but it is makrooh.

The third is the gaze of a man on his mahram women, whether by blood, marriage or marriage, or on his female slave who has been married off to someone else.

So it is permissible for him to look at the limbs other than those between the navel and the knees.

As for the members in between, it is haraam to look at them.

The fourth is looking at another woman because you want to marry her.

When a person wants to marry a woman, it is permissible for him to look at her face and the inside of her hands, even if she does not give him permission to do so.

According to the view favored by Imam Nawawi, when a man wants to propose to a slave woman, it is permissible for him to see the parts of her body that are permissible for a free woman to see.

The fifth is to see because to treat.

It is permissible for a male doctor to look at the parts of a female patient that he needs to treat, even the vagina.

He did this in the presence of the female patient’s mahram, husband or employer. And there were no female doctors who could treat the female patient.

The sixth is looking for the purpose of testifying against a woman.

It is permissible for a witness to look at another woman’s vagina when she is “testifying to adultery or childbirth”.

Therefore, if he deliberately looks for the purpose of testifying, then he is considered to be a fascist, and his testimony is rejected.

Or looking in order to do a trade or something else with a woman.

It is permissible for him to look at her.

The author’s phrase, “certain to look only at the face”, goes back to the issue of testimony and transactions. The seventh is looking at a slave girl when buying her.

It is permissible for him to look at the parts of the body that need to be turned.

So she is allowed to look at her body parts and hair, not her ‘awrah.

CHAPTER ON THE CONDITIONS OF MARRIAGE

(Fasal) describes the circumstances in which a marriage contract cannot be valid unless they are present.

The marriage contract is not valid unless accompanied by a just wali.

In some of the texts, the language is, “with a male guardian.” This excludes a woman.

This is because a woman cannot marry herself or anyone else.

The marriage contract cannot be valid unless two fair witnesses are present. The Author explains the respective requirements of the wali and the two witnesses in His words, A wali and two witnesses require six conditions: The first is Islam.

Therefore, a woman’s guardian cannot be a disbeliever, except for the issue that the Author has excluded after this.

The second is puberty. Therefore, a woman’s guardian cannot be a child.

The third is to be of sound mind. Therefore, a woman’s guardian cannot be an insane person, whether the insanity is continuous or intermittent.

The fourth is freedom. So a guardian cannot be a slave in the ijab (handover) of marriage.

It is permissible for a slave to be the one who accepts the marriage contract.

The fifth is male. So a woman and transvestite cannot be a marriage guardian.

The sixth is fairness. So that a guardian cannot be fasiq.

From the above, the Author excludes the problems covered by His expression,

However, the marriage of a kafir dzimmi woman does not require the guardian to be Muslim.

The marriage of a slave woman does not require the master to be just, so the marriage is valid even if the master is an infidel.

All the conditions mentioned for the wali are also required for the two witnesses to the marriage.

But blindness does not invalidate the right to be a guardian according to the view of al ashah. “The guardian most entitled to give in marriage is the father, then the grandfather who is the father’s father, then the grandfather’s father and so on.

The grandfather who is closer to the woman to be married should take precedence over the grandfather who is farther away.

Then brothers of the same gender (biological). Had the author “expressed, shaqiq (biological)”, it would have been more concise.

Then his brother in law. Then the son of the brother’s father’s brother, even if it is a thousand down.

Then his brother’s son who is a father’s brother even if he is below. Then an uncle on the father’s side who is one-mother (with the father). Then the paternal uncle who is on the same father’s side (with the father).

Then his sons, yes’nl the sons of each of the two even if “, down according to the above order. So that the sons of uncles who are one-month fathers take precedence over the sons of uncles who are one-month fathers.

If there is no ashabah from the lineage, then the one who has the right to give her in marriage is the male master who freed her.

Then the ashabah of the employer is in accordance with the order in the matter of inheritance.

With regard to a woman’s employer who emancipated her while she was still alive, the one who has the right to give her in marriage is the one who has the right to give her in marriage in the order described in the order of guardians from the family line.

If the master of the emancipated woman has died, then the one who gives the emancipated woman in marriage is the one who inherits wala’ from the master of the woman, then his son, then his son’s grandson.

Then a judge has the right to perform the marriage when the nasab and wala’ guardians are not available.

The author then goes on to explain the issue of khitbah (proposal). Lafadz “al khitbah” with kasrah reads the letter kha’nya.

Khitbah is the request of a man who proposes to a woman for marriage. P3 The author said, “It is not permissible to propose to a woman who is in the iddah of death, ba’in divorce and roj’i divorce, with a sharih (open) etymology.

Sharih is an etymology that explicitly indicates a desire to propose, such as a man saying to a woman in iddah, “I want to marry you.”

If a woman is in ‘iddah but not in the iddah of a raj’i divorce, then it is permissible to propose to her with ta’rid/ (insinuating language), and marry her after her ‘iddah is over.

Ta’ridl is an expression that does not explicitly indicate a desire – to marry her but only ihtimal (similar), such as the expression of a man who wants to propose to a woman, “there are many men who like you.” .

As for a woman who is free from the things that prevent marriage and no one has previously proposed to her, it is permissible to propose to her with the etymology of innuendo and the etymology of overtness. Women are divided into two: widows and virgins.

A widow is a woman whose virginity has been lost due to halal or haram biological relations. Whereas a virgin woman is the opposite.

For fathers and grandfathers – when there is no father at all or the father cannot be a guardian – it is permissible to force their virgin daughters to marry, if the conditions of ijbar are met.

That is, the bride-to-be has never had biological intercourse through her vagina, and is married off to a man commensurate with the woman’s standard dowry, which is taken from the local currency.

On the other hand, it is not permissible for a widow’s guardian to give her in marriage unless she has reached puberty and has given her permission in word and not in silence.

MUHIMMAT IN THE CHAPTER ON MARRIAGE

1. Status of Wali Muhakkam in Indonesia

When there is no guardian at all up to the judge, then the one who gives the woman in marriage is the muhakkam who is just – Shaykhuna said: If the judge (the last of the guardians) is reluctant to give the marriage in the absence of a guardian, as is the case today, then it is permissible for the woman to ask a just person to be her guardian, even if there is a judge in that place.

2. Strong medicine is fine as long as it’s not harmful

It is Sunnah to use pills for desire enhancement if there is a good purpose, such as maintaining household harmony or obtaining offspring, because something that is used for Sunnah things is also Sunnah, thus using enhancement pills is also Sunnah. However, the condition is that it does not harm the user, and it is better if you use a doctor’s prescription so that you don’t make a mistake.

3. Dawud ad-Dzohiri’s opinion is not applicable in Indonesia

According to the majority of scholars, marriage without a guardian and shahid is not valid. Meanwhile, the Mugobi of the majority, which was stated by Imam Dawud Ad-Dzohiri

If it is ruled as valid, a person who follows this opinion (Dawud) will not be confronted (with the punishment for adultery) because it is still a doubt.

But keep in mind… this difference of opinion only occurs if there is no concurrent ruling by the judge, meaning that if a judge who follows the Shafi’i opinion says or ruled that it is invalid, it is still obligatory to present it.

4. The conditions of fairness for guardians are still uncertain

According to the madhhab, an infidel cannot be a guardian, whether he is a Mujbir guardian or not, whether his infidelity is due to drinking khomer or otherwise, and whether his infidelity is overt or covert. The fact that he is an infidel in testifying also prevents him from being a guardian, as is the case with slaves. So the right of guardianship will pass to the next in line of guardians after him. According to the second opinion: An unfaithful person can still be a guardian of marriage. This is because being unfaithful does not prevent marriage, as was the case in the past.

5. Witnesses Do Not Have to Be Appointed

A marriage is not valid except with two witnesses, whether appointed or not.

6. The status of the nasab of the child of the adulterous woman who is married to a woman who has become pregnant as a result of adultery, then there are four possible issues of intisab (nasab of the child) as follows:

1. The child is not intisab to the husband (father), physically or mentally, even if there is no mula’anah. The child is born before the expiry of six months, counting from the time of possible intercourse after a valid marriage contract, or after the expiry of four years, counting from the end of the time of possible intercourse.

2 The child is intisab to the husband by birth, and the laws of the original child apply to him, such as inheritance rights and so on, and must be denied (declared a lie that the child is from the husband). This means that the child is born after six months and not more or less than four years, but the husband has a strong belief or assumption that the child is not from him. The problem is that after the marriage contract, the husband did not have sexual intercourse with the woman who gave birth to the child, or the child was born after less than six months from the date of intercourse, or after more than four years. Or the child was born after one month, but the husband infertilized the woman with one menstrual period, and there are indications of adultery.

3. The child is born intisab to the husband, but it is not obligatory to disown him. This is if there is a strong suspicion on the husband’s part that the child is not his, such as if he intercepted the woman after intercourse, and she gave birth more than six months after intercourse, while there was still some doubt about adultery.

4. The child is intisab to the husband and it is forbidden to deny it, rather it is a major sin to deny it, and the child must be recognized. This means that there is a strong presumption that the child is from her, or that it is equally likely that it is from her or not. If the child is born after six months and less than four years, and intercourse is counted, and the husband did not istibra’ the child, or he did istibra’ the child, but the child was born before six months had passed since the istibra’. These four possibilities are used if the child is born in a perfect state. However, if the child was born in an incomplete state, then it is based on the doctor’s research. This means that the child is intisab to the husband if the fertilization of the sperm and ovum occurred after the marriage, and if it occurred before then it is not intisab to the husband (Kitab Bughyatul Mustasyidin pp 235-236 Darul Fikr).

CHAPTER ON MAHRAM WOMEN

(The women who are forbidden, i.e. those who are forbidden to marry by proof – Nash (Qur’an) are fourteen.

In some of the texts, the phrase “arba’ata “ashara” is used. That is, seven women because of their lineage.

They are mothers even up to the top. And the daughters even to the bottom.

With regard to a woman’s child who is the product of a man’s adulterous sperm, it is not permissible for the man to marry her according to the view of the ashah, but it is makrooh.

Whether or not the woman who was adulterated was of her own free will.

As for a woman, it is not permissible for her to marry the child of adultery.

-The third is a sister, whether one father or one mother, one father only or one mother only. .

 -The fourth is a maternal aunt, either by nature or by an intermediary such as a paternal aunt or a maternal aunt.

-the fifth paternal aunt, either by nature or by an intermediary such as the father’s paternal aunt.

-the sixth is his brother’s daughters and his granddaughters of sons or daughters.

-the seventh of his daughters his sisters and granddaughters of his sons or daughters.

The Author is referring to His previous words, “seven”, His expression here, “and two women”, i.e. mahram women according to the Qur’anic text, two women because of radia’.

They are the nursing mother and the sister of the radia’.

The author only mentions these two women because they are the only two mentioned in the Qur’an.

If this were not the case, then the seven women who are forbidden because of nasab would also be forbidden because of rradia’, as will be clarified in the expression of the text. And the mahram women based on the Qur’anic text are four women because of marriage.

They are the wife’s mother, even if her mother is of the same rank, whether by blood or marriage. Whether the husband had intercourse with the wife or not. The second and third are the wife’s daughters when the husband had intercourse with the wife’s mother. And the father’s wife, even if the father is above her.

-whose four wives are sons even downwards.

The women described above are forbidden to marry forever.

And there is one woman who is forbidden to marry but not forever but in terms of not being allowed to be together.

She is his wife’s sister. Therefore, it is not permissible for a man to unite – in marriage – a woman with her sister at the same time, whether she is a father or a mother, or between the two women there is a relationship of nasab or radia’, even if the sister of the woman being married is willing to be united.

It is also not permissible for a man to join a woman to her paternal aunt, and a woman to her maternal aunt.

So if a man brings together women who are forbidden to be brought together with one contract to marry them, then their marriage contract is invalid.

Or he did not put them together in one marriage contract but married them consecutively, so the second marriage contract is invalid if it is known with certainty which woman he married first. If it is not known, then the second marriage contract is invalid.

If the marriage contract of the first woman is known, but then the man forgets which one it is, then it is forbidden for him to come near either of them.” Two women who are forbidden to be together in marriage are also forbidden to be together in a biological relationship with milku yamin (slave ownership).

It is also forbidden if one of them becomes a wife and the other is held as a slave.

If he has had sexual intercourse with one of the two slave girls that he owns, which is forbidden for him to have intercourse with, then the other slave is forbidden for him to have intercourse with, unless the first slave girl has become forbidden to him by one of the ways, such as selling her or marrying her off to someone else.

The Author hints at a general restriction with His expression, Women who are forbidden by way of nasab are also forbidden by way of radia’.

It has been explained that there are seven women who are forbidden by way of lineage, so these seven are also forbidden by way of radia”.

MUHIMMAT IN THE CHAPTER ON MAHRAM WOMEN

1. Mother’s husband’s daughter is not a Mahram who is forbidden to marry

And know,,, that not a mahram to a man is the daughter of his husband’s mother, and the mother of his husband’s mother, and the daughter of his husband’s daughter.

2. Wife of male in-laws not a Mahram

In fact, it is only the wife’s mother-in-law and her grandmother-in-law who are forbidden to marry her, even if it is from above. As for the wife of another father-in-law, the son-in-law is not a mahram in marriage.

3. Wife of adopted child is not Mahram

So he is not a mahram to the wife of his adopted son, because she is not his biological daughter.

CHAPTER ON MARRIAGE DISGRACES

Then the Author goes on to explain the faults of marriage that establish the right of khiyar in marriage. He said,

A woman, namely a wife, has the right to be sent back to her family because of five disgraces.

The first is insanity, whether the insanity is continuous or intermittent, treatable or not.

With the exception of epilepsy, there is no khiyar on spoiling the marriage because of this illness, even if it is incurable, which is different from the view of Imam al-Mutawwalli.

The second is because it is judzam, using the letter dzal with a dot on top.

Judzam is a disease that makes the limbs red, then , blacken, then intermittent and “fall off”.

The third is because of the form of barash. Barash is a white color on the skin that removes the blood found on the “skin and flesh underneath”. So it excludes tinea versicolor.

This is a disease that changes the color of the skin but does not cause it to lose blood, so there is no khiyar on it.

The fourth is because it is ratag.

Ratag is the obstruction of the place of intercourse due to the growth of flesh in the area.

The fifth is because of garn. Garn is a blockage in the area where intercourse takes place because of a bone growing in that area. Anything other than these disgraces, such as bad breath and body odor, does not give the khiyar right to annul the marriage.

A man, namely a husband, is also entitled to be sent home because he has five disabilities. These are insanity, judzam and barash. The meaning of all of these has been explained.

And the reason for the existence of jabb. Jabb is when the penis is completely or partially severed and what remains does not reach the size of the hashishah (head of the penis). . If what remains is the size of the hassah or more, then there is no khiyar.

And the reason for the existence of ‘unnah. “Unnah”, with the diammah of the ‘ain, is the inability of a husband to have intercourse with his wife’s vagina because his manly power is gone due to a lack of lust in his heart or a lack of vital organs.

The disgrace requires reporting to a gadii.

For married couples may not make fasakh nikah because of these disgraces on the basis of mutual willingness as indicated by the information of imam al Mawardi and others. However, the dhahir text imam ash Shafi’i contrary to the information al Mawardi.

MUHIMMAT IN THE CHAPTER ON MARRIAGE DISGRACES

The Limits of Leprosy and Leprosy for which Khiyar is Permissible

Description: One of the reasons for the khiyar on marriage is baros (leprosy) and judzam (leprosy). As for the permissibility of khiyar, is it necessary to wait for the mustahkim (the persistence of the disease) or is it sufficient to have some signs of it? The scholars are not unanimous on this point:

” According to Imam al-Juwaini and Ibn ar-Rifah, it must be istihkam.

” According to az-Ziyadi and Imam Ramli, it does not require istihkam. Because the harm caused will occur even if it is not istihkam.

As for the two opinions that are considered mu’tamad by some scholars, there is still disagreement. But after researching these two opinions, it turns out that they are the same. What is meant by istihkam according to the first opinion is up to the blackening of the limb. Whereas istihkam according to the second opinion is up to the severing of the limb. That means there is no difference between them, because both can be pluralized.

MARRIAGE CHAPTER

(Fasal) explains the laws of dowry.

The phrase “shadag” with the shad reading fathah is a more fluent reading – rather than kasrah, and is printed from the phrase “ash shadg” with the shad reading fathah.

And ash shadg is the name of something very hard. And in legal terminology, shadg is the name of the property that a man is obliged to give because of marriage, unlawful intercourse or death.

It is mustahabb to mention the dowry in the marriage contract, even if the marriage is between the master’s slave and the master’s female slave.

It is sufficient to mention any form of dowry, but it is recommended that the dowry should not be less than ten dirhams and not more than five hundred pure dirhams.

By saying “it is recommended”, the author is indicating that it is permissible to do a marriage contract without mentioning the dowry, and that this is the ruling.

Therefore, if no dowry is mentioned in the marriage contract, the marriage contract is valid.

And this is what is meant by at tafwidl (submission).

TafwidI is sometimes done by a bride who has reached puberty and is rashid, such as when she says to her guardian: “marry me without a dowry”, or “without a dowry that I will have”, then the guardian marries her and omits the dowry, or is silent about the dowry.

The same applies if the master of a slave girl says to someone, “I give you in marriage to my slave girl,” and he omits the dowry or does not mention it.

When the tafwid (marriage contract) is valid, then the dowry becomes obligatory, because of three reasons.

The three things are that the husband confirms the dowry he will give and the wife agrees to the dowry that has been determined by the husband.

Or the judge ascertains the dowry to be imposed on the husband. And what the judge ascertains on the husband is the mahr mitsil (general standard dowry).

It is required that the judge knows the size of the mahr mitsil.

The consent of the bride and groom to what has been4 determined by a judge is not required.

Or the husband has already had intercourse with his wife, who is tafwid, before the husband’s or the judge’s decree. So the wife is entitled to the mahr mitsil because of this intercourse. The mahr mitsil that is used as a measure is the mahr mitsil at the time of the marriage contract according to the view of al ashah.

If one of the husband and wife dies before the size of the dowry has been determined and before intercourse has taken place, then the husband is obliged to give the mahr mithli according to the view of al-adihar.

What is meant by mahr mitsil is the size of the dowry that is agreed upon/liked by ‘women who are on the same level as the wife by custom.

There is no specific limit on the minimum size of the dowry. And there is also no specific limit on the maximum size of the dowry. “Rather, the limit is that anything that is valid as a tsaman, whether it is an object or a benefit, is valid as a dowry.

However, it has been explained that the recommended dowry is not less than ten dirhams and not more than five hundred dirhams.

It is permissible for a man to marry a woman with a dowry in the form of a known benefit, such as teaching her the Qur’an. Half of the dowry is forfeited because of divorce before intercourse. If the divorce takes place after intercourse, even if it is a one-time divorce, then the entire dowry may be given to the wife, even if the intercourse was unlawful, such as if the husband had intercourse with his wife while she was in ihram or menstruating.

As stated above, the entire dowry must be given to the wife because one of the husband and wife dies. And the dowry is not obligatory for being alone with the wife according to the jadid slang.

When a free wife commits suicide before her husband has sex with her, the woman’s dowry is not forfeited.

In contrast, if a slave wife commits suicide or is killed by her own master before her husband has intercourse with her, then her dowry becomes void.

MUHIMMAT IN THE CHAPTER ON DOWRY

The Meaning of Sholawat Is the Dowry of the Prophet Adam

Description: Hawa’ was created from the left rib of Prophet Adam (peace be upon him). So that every male person must have fewer ribs. The right side is eighteen, while the left side is only seventeen. Siti Hawa’ was created by Allah Swt after the existence of Prophet Adam in Heaven. When Prophet Adam As woke up from his sleep, he wanted to hold Hawa’. Then the Angel said: Do not, O Adam, until you pay the dowry. Prophet Adam said: What is the dowry, the Angels replied: Three times sholawat or twenty times sholawat to Sayyidina Muhammad Saw. From this story there is a problem, isn’t the dowry must be something that has benefits for the wife (mutamawwal), then what is meant by dowry in this story is not the essence of dowry, but only makes it clear that the degree of the Prophet Saw. It is very high, because if there was no Prophet Muhammad Saw. then you (Adam) would not be able to have fun with your wife. So the Prophet Muhammad Swa. is as a great mediator for every mediator, so that includes the Prophet Adam As.

RECEPTION CHAPTER

(Fasal) It is mustahabb to have a wedding reception.

What is meant by walimah is a wedding banquet.

Imam ash-Shafi’i said: “Walimah includes any invitation to a celebration of happiness.” The minimum for a walimah organized by a rich person is to slaughter a sheep.

And for the poor is a meal that he can afford to serve.

The types of walimah are many and are mentioned in books that are lengthy.

Responding to invitations to wedding receptions is obligatory, ya’ni fardiu ‘ain (personal obligation) according to the correct view.

And it is not obligatory to eat the food according to the view of al ashah. With regard to responding to invitations to gatherings other than weddings, the ruling on that is not fard, rather it is Sunnah.

Fulfilling invitations to walimatul ‘urs is only obligatory or other walimahs are Sunnah, provided that the inviter does not invite only the rich, but invites both the rich and the poor.

And on the condition that they are invited on the first day.

Therefore, if a person holds a reception for three days, it is not obligatory to come on the second day, rather it is only Sunnah, and it is makrooh to come on the third day.

The other conditions are explained in more extensive books.

The author’s phrase, “unless there is an excuse”, means that there is something that prevents you from attending the reception.

Like at the venue there are people who could hurt the person invited, or it’s not appropriate for him to join in.

MUHIMMAT IN THE RECEPTION CHAPTER

1. When to start the Walimah

Comment: The scholars did not clarify the timing of the walimah, but Imam Subki, quoting Imam al-Baghowi, said that the timing of the walimah is broad, starting from after the marriage contract and not ending, and it is preferable to hold it after intercourse.

2. Walimah Fardhu Ain or Fardhu Kifayah

The ruling on attending a walimah is either fardlu ain or fardlu kifayah. There are two scholarly opinions on this matter. One of them says that it is obligatory for those who are invited to attend, so long as there is no excuse for delaying their arrival.

3. Recommendation to Abstain from Misguided Customs

It is important to avoid extravagance and the kind of boasting that leads to fitnah (temptation) and harm to the world and religion. It is also important to avoid the customs of fasidah that are common among people today.

4. prohibition of performing Kemanten

Ibn Kathir said: It is forbidden for a woman to do anything that may attract attention to her, or arouse men’s desire, etc. Hence she should not wear perfume, the fragrance of which can be smelled by men, when she leaves her house.

CHAPTER ON WIFE SHIFTING AND NUSYUZ

(Fasal) explains the rulings on gasm and nusuz (purik: Javanese). 

The first is from the husband and the second is from the wife.

The meaning of a wife’s nusuz is that she does not want to exercise the rights that she is obliged to fulfill.

When a man has two or more wives, it is not obligatory for him to rotate between them.

So if he turns away from his wives or his only wife, and is not with them or with that one wife, there is no sin on him.

But it is mustahabb for him not to vacate his stay at their side, as well as at the side of his only wife.

In the sense that he is on their side or on his wife’s side. At least once every four days he should be with one of his wives. Equalizing the shifts between wives is obligatory for the husband.

Equal is sometimes viewed in terms of place and sometimes in terms of time.

With regard to place, it is haraam to have two or more wives in the same house unless they are willing.

As for the timing, for a husband who is not a watchman at night, the core of the shift that he has to do is at night, while the day follows the night.

For the husband who is the night watchman, the main part of his shift is during the daytime, and his nighttime shift follows the daytime shift.

It is not permissible for a husband to visit a wife who is not on her turn at night without a need.

If he is visiting for a reason, such as visiting his sick wife and others, then it is not forbidden for him to enter her.

And when he enters for a reason, if he stays there for a long time, then he must pay the equivalent of the time he stays for the turn of the wife he visited.

Based on that, if he had intercourse with the wife he was visiting – which was not his turn – then he must make up the period of intercourse, not the intercourse, unless the period was very short, in which case he does not have to make it up.

When a man who has several wives wants to travel, he has to draw lots among his wives. And he travels with the wife who gets the lot.

And the husband who is traveling is not obliged to give the length of the travel period to his wives who are not traveling / who are left at home.

If he arrives at his destination and is migrating there, in the sense that he has the intention of migrating, which can change his traveler status at the beginning of the journey, when he arrives at his destination or before he arrives, then he must make up the time of his migration, if the wife who accompanied him on the journey is also migrating with him, as stated by imam al Mawardi. Otherwise he does not have to do it.

With regard to the time of the return journey after this time, the husband is not obliged to make it up.

When a husband marries a new woman, he is obliged to favor her, even if she is a slave girl, and he has a wife.

The husband must stay with his new wife for seven consecutive nights, if she is a virgin, and does not have to make up the nights of his other wives.

And specializing on his new wife with three consecutive nights, if she is a widow.

So if the husband separates these nights by sleeping one night at his new wife’s side, and one night sleeping in the mosque, for example, that does not count.

In fact, the husband must fulfill his new wife’s rights consecutively, and make up the nights that he has separated for the other wives.

When the husband fears that his wife is being unfaithful, as some of the texts state, “when it appears that she is being unfaithful”, he has the right to give her advice without hitting her or not greeting her.

As he said to his wife, “Fear Allah in the rights that are obligatory for you. And know that nusuzuz can nullify the obligation of maintenance and rotation.”

Reproaching the husband is not nusuz, but in that case the wife is entitled to be taught manners by the husband according to the opinion of al ashah, and she does not need to report it to a gadii.

If after being admonished she continues to be unruly, then the husband keeps her quiet in his bed, so that he does not accompany her in bed.

It is haraam to remain silent without greeting him with a word for more than three days.

Imam an-Nawawi said in ar Raudlah: “The haraam ruling is in the case of not going to greet them without a shar’i excuse. If this is not the case, then it is not haraam for more than three days.”

If the wife continues to be nusuz by repeatedly doing so, then the husband has the right not to greet her and beat her with a model of educational beating on the wife.

And if the blow causes damage/injury/death, then it is obligatory for the husband to pay compensation.

Because of nusuz, the wife’s turn and maintenance are waived.

MUHIMMAT IN THE CHAPTER ON WIFE SHIFTING AND NUSYUZ

1. Nusyuz One Hour Lost One Day’s Maintenance

In terms of sexual intercourse, a wife’s maintenance is lost if she does nusyuz, which is going out of obedience to her husband, even if it is not considered a sin, such as the nusyuz of a young girl, a madwoman or a woman under duress. Even if the nusyuz is for an hour or a very short time, her maintenance is lost for one day and her clothing for a season.

2. Wife’s refusal is not necessarily Nusyus

Nusyuz (disobedience to the husband) of a woman can occur with “several things, including: Refusing to be touched by the husband, or the places that have been determined by the husband. It does not count as nusyuz if the wife refuses with a reason, either hissi (reality) or shar’i. Such as the size of the husband’s genitals, where the wife is unable to withstand the pain of intercourse, or there is pain in her vagina, and also as a state of menstruation (a shar’i reason).

3. A Wife’s Duty to Her Husband

Companion Ibn Abbas said: A woman from the land of Khosh’am came and asked the Prophet (peace be upon him): I am a widow, and I want to get married; what is the right of a man that is required of a woman? The Prophet replied: One of the rights of the husband that is obligatory on the wife is that when the husband wants to have intercourse with her, and he is on a camel, then the woman should not refuse to submit herself to what the husband wants.

CHAPTER KHULU’

(Fasal) explains some of the rulings on khulu’.

The word “al khu’u” with the diammah of the kha’s letter, which is marked with a dot, is the word printed from the word “al khal’u” with the fathah of the kha’s letter.

And the phrase “a! khal’u” means to remove. In legal terminology, khul’u is a divorce using a “wadi” (reward) that is desirable.

This excludes khul’ with ‘iwadi in the form of blood and the like. Khulu’ is valid with any ‘iwadl that is permissible and capable of being given up.

So, if khulu’ uses an ‘iwadI that is not ma’lum, such as when a husband khulu’ his wife with an ‘iwadi of unspecified clothes, then the wife is divorced ba’in in exchange for the mahr mitsil.

With a valid khulu’, a woman is entitled to herself.

And the husband cannot return to her, whether the ‘iwadi used was valid or not.

As for the author’s phrase “except with a new marriage contract”, it does not appear in most of the texts. Khulu’ is permissible when the wife is pure and menstruating, and it is not haraam.

A woman who has been divorced cannot be divorced, unlike a wife who has been divorced raj’i, so she can be divorced,

MUHIMMAT IN KHULU’ CHAPTER

1. Structure of Khulu’

The second chapter describes the pillars of khulu’s, which are five: 1. the husband, 2. the person who khulu’ (agrees to pay compensation), 3. the compensation, 4. the compensation (the wife’s private parts), 5. the Ijab qabul.

2. Illustration of Khulu’

An example of khulu’ is: Zaid said to his wife, I divorce you in exchange for 1000 dinars, and she said to him, I accept.

3. Criteria for Compensation

The conditions of Iwadh are four: 1. intended, 2. known, 3. returned to the husband, 4. in control of receiving it.

CHAPTER ON DIVORCE

(Fasal) explains the rulings on divorce.

Talak etymologically means to untie the knot.

And in legal thermonology is the name of “the act of removing the bond of marriage,

For a divorce to be valid, it must be done by the husband who is a mukallaf and of his own free will.

If a person is drunk, his divorce is valid because it is a punishment for him.

There are two kinds of divorce, sharih and kinayah.

A sharih talaaq is a talaaq using language that cannot possibly refer to anything other than talaaq.

Meanwhile, talak kinayah is a divorce using language that allows it to be directed at other than divorce.

If the husband utters the sharih language of divorce and he says, “I do not want that etymology for divorce”, then his words are not acceptable.

The sharih talaaq has three phrases. They are the word “talak” and the phrases that are derived from it, such as “I divorce you”, “you are the one who is divorced”, and “you are the one who is being divorced”. The phrase “al firaq” and the phrase “as sarah”, such as “faraqtuki”, “wa anti – mufaragatun”, “sarahtuki”, and “anti musarrahatun.”

One of the more explicit forms of divorce is khulu’, which is accompanied by the mention of the money that is to be used as an iwadl. The same applies to the phrase “al mufadah (ransom).”

The sharih form of divorce does not require intention.

With the exception of the one who is forced to divorce, the sharih form of divorce that he does becomes a kinayah form of divorce. If he intended to divorce, then divorce occurs. If he did not intend to divorce, then it does not count as divorce.

Kinayah is a word that can be used to refer to divorce or something other than divorce, and it depends on the intention. So, if the intention is to divorce, then the divorce occurs. “And if the intention is not to divorce, then the divorce does not fall.

Kinayah forms of talaaq are such as, “anti bariyah khaliyah (you are a “free and lonely” woman)”, “take care of your family”, and other forms that are found in books that are more extensive in their explanations.

There are two kinds of women in the matter of divorce:

There is one type of woman who, when divorced, can be regarded as sunnah or bid’ah. These are women who have menstruation.

What the author meant by sunnah divorce is that it is permissible, while innovated divorce is forbidden.

Talak sunnah is a divorce that the husband pronounces on his wife during the period of chastity when he has not yet had intercourse with her.

A bid’ah divorce is one in which the husband divorces his wife during menstruation or during a period of purity, but has had intercourse during the period of purity. And another type is a woman who, when divorced, her divorce is neither Sunnah nor bid’ah.

They are four women: a woman who is still a child, a woman who is no longer menstruating, a pregnant woman, a woman who has accepted khulu’, and a woman who has not been married to her husband.

With other considerations, divorce is divided into obligatory divorce such as divorce by a husband who swears an ila’ oath.

Sunnah divorce, such as divorcing a wife who is not doing well, such as behaving badly. Makruh divorce, such as divorcing a wife who is doing well.

Haram divorce is like bid’ah divorce and has been explained earlier.

Imam al Haramain hinted at the permissible form of divorce with the example of divorcing a wife who is not loved by her husband and the husband’s heart is not willing to provide for her without having fun with her.

CHAPTER ON THE RIGHT TO DIVORCE

(Fasal) explains the right to divorce of a free husband, a slave husband and other issues.

A free husband has the right to divorce his wife three times even if she is a slave.

And the husband who is a slave only has the right to divorce his wife twice, whether she is free or a slave.

Muba’adi, mukatab and mudabbar slaves are the same as pure slaves. Istisna’ in divorce is valid when the istisna’ is connected to the divorce.

 The husband connects the words “mustasna (excluded)” with the words “mustasna minhu (excluded)” in the form of an ‘urf connection, meaning that the two words are considered one word in ‘urf.

It also requires that the husband must intend to exclude before he finishes pronouncing the word of divorce.

And it is not enough to say exclusion without the intention to exclude.

It is also stipulated that what is excluded (mustasna) does not exhaust the amount that is excluded (mustasna minhu).

So if it is spent like saying “you are divorced except for three”, then the exception is void.

It is valid to divorce with characteristics and conditions. Such as the words “If you enter the house, you are divorced”, then the wife becomes divorced when she enters the house.

Divorce cannot fall except on the wife. If so, then divorce cannot fall – on a woman who is not married.

So it is not valid to divorce another woman – not one’s wife – with a direct form of divorce, such as a man saying to the woman, “I divorce you.”

Nor is it a conditional divorce, such as when a man says to a woman who is not his wife: “If I marry you, you are divorced”, or “If I marry so-and-so, she is divorced”.

There are four people who cannot divorce: children, the insane, and epileptics.

The one who sleeps and the one who is forced to divorce, i.e. without a valid reason.

Therefore, if the coercion is based on a valid reason, the divorce will be annulled.

A form of coercion with a valid reason, as explained by a group of scholars, is the coercion of divorce by a qadli against a husband who takes an ila’ vow after the /ila’ period has passed.

The condition for ikrah/coercion is the ability of al mukrih (the one who coerces), by reading kasrah the letter ra’nya, to prove his threat against al mukrah (the one who is coerced), by reading fathah the letter ra’nya, either by relying on power or strength.

And the weakness of al mukrah (the one who is being forced), pronounced fathah, to – resist/stop a/ mukrih (the one who is forcing), pronounced kasrah, either by running away from him, asking for help from someone who can save him, or other methods.

And al mukrah (the one who is coerced) has the assumption that in fact if he does not want to do what is forced on him, then al mukrih (the one who forces) will prove his threat. Coercion can result in threats of severe beatings, imprisonment, damage to property or others. When it appears from al mukrah (the one who was forced) that he did it of his own free will, for example, if a person is forced to divorce three people but then he divorces one, then the divorce that he did is valid.

If a mukallaf person hangs the divorce on an attribute, and that attribute only comes into existence when the person is not mukallaf, then the divorce that was hinged on that attribute falls.

If a person is drunk when he pronounces a divorce, then his divorce is valid, as explained above.

CHAPTER ON RAJ’I DIVORCE

(Fasal) explains the rulings on raj’i divorce.

The word “ar raj’ah” is pronounced with the letter ra’in fathah.

There is information that the ra’reads kasrah. Raj’ah etymologically means returning once.

As for the legal terminology, it is to return the wife to the bond of marriage while still carrying out the ‘iddah of divorce other than divorce ba’in in a certain way.

“Divorce” excludes doubtful intercourse and dhihar. Because the fact that biological intercourse becomes permissible in these two cases after the removal of the thing that prevented it from becoming permissible cannot be called ruju’.

When a man divorces his wife once or twice, it is permissible for him to return to his wife without her permission so long as the ‘iddah period has not expired.

Raj’i that is done by a person who can speak can be accomplished by using words, including “raja’tuki (I intend to marry you)” and other phrases that are derived from “raj’ah.”

According to the view of the rightly guided, the words of the murtaji’ (the reconciling husband): “I return you to my marriage” and “I retain you in my marriage” are the two most explicit forms of reconciliation.

-According to al ashah, the words of al murtaji’, “I married you”, or, “I married you” are two forms of ruju’ that are kinayah.

The condition of the murtaji, if he is not in a state of ihram, is that it is valid for him to do the marriage contract himself.

If that is the case, then the rujua’ of the drunk is valid.

The reconciliation of apostates, minors and the insane is not valid. This is because each of them is not a valid person to do a marriage contract on his own.

This is not the case with the fool and the slave. Their ruju’ is valid without the permission of their guardians and masters. Although at the beginning of their marriage they needed/depended on the permission of their guardian and employer.

If the “ddah” of a woman who has been divorced is over, then it is permissible for the husband to marry her with a new marriage contract.

Qan after the new marriage contract, the wife lives with her husband with the remaining right of divorce.

Whether the woman was married to -: another man or not.

If the husband divorces his wife with a triple divorce, if he is free, or a double divorce if he is a slave, whether he divorces her before intercourse or after, then she is not permissible for him except after the fulfillment of the five conditions.

The first is that her ‘iddah from the husband who divorced her has ended. Secondly, the woman has been married to another man in a valid marriage contract.

The third is that the other husband had intercourse with her.

This means that the other husband inserts his hashish or the size of the hashish of the one whose hashish was cut into the woman’s vagina, not her anus. The condition is that the penis must be intisyar (standing), and the one who inserts it is someone who is capable of having intercourse, not a child.

Fourthly, the woman is already divorced from the other husband.

Fifth, her ‘iddah from the other husband has been completed.

MUHIMMAT IN THE CHAPTER ON DIVORCE

1. Don’t Play with the Word Talak

Abi Hurairah reported that the Prophet said: “Three things in which seriousness becomes serious, and joking becomes serious, are Nikah, Talak (divorce) and Reconciliation of Nikah”.

2. Difference between Fasakh & Talak

Fasakh can be distinguished from talag in three ways, one of which is: Fasakh invalidates the contract from its basis, and removes the lawful ruling that comes with the marriage contract, whereas divorce terminates the contract and does not remove the lawful ruling, except after talag ba’in kubro (third talag).

3. Translation of Talak Sharih Classified as Kinayah

The interpretation of the word talag, according to the correct view, is that it is a kinayah word of talag.

4. The Husband’s Saying “I Have No Wife” Does It Count as a Divorce

If a man who already has a wife is asked, do you have a wife? He answers: “I don’t have a wife yet”, then his wife will not be divorced, as long as he does not intend to divorce her. This means that this is categorized as talag kinayah, but if the intention is talag, then the wife is immediately divorced.

5. Husband divorcing his wife by text message according to the Madhhabs

According to the Hanbalis, Shaafa’is and Maalikis: When a man writes the word divorce when he intends it, divorce occurs. And when he does not intend it, divorce occurs: The first opinion is that no talag occurs. And the second opinion: Talag occurs when it is intended.

6. Only the husband has the right to divorce

The person who has the right to divorce is the husband who is pubescent and of sound mind. The wife does not have the right to divorce at all, unless she is represented by her husband, or her husband’s submission. And the Oodli also has no right to divorce, except only in certain circumstances due to emergency.

CHAPTER ILA’

(Fasal) explains the rulings of ila’.

Ila’ is etymologically a masdar form of the fi’il “aala yuli ila’an” when someone swears.

In legal terminology, it is an oath taken by a husband who has legally divorced his wife that he will not have intercourse with her vaginally or for more than four months.

This meaning is taken from the Author’s explanation – below-,

When a husband swears that he will not have intercourse with his wife absolutely or for a certain period of time, i.e. not to have intercourse for more than four months, then he is taking an ila’ oath on his wife.

Either he swears by the name of Allah or by one of His attributes. Or he makes his wife’s intercourse dependent on divorce or emancipation: a slave.

It is like the husband saying, “If I take you, then you are divorced,” or “Then my slave is free.”

So that when he actually mewathi’ then his wife is divorced and his slave is free.

The same applies if the husband says: “If I take you in marriage, then I should pray, fast, perform Hajj, or free a slave for the sake of Allah.” ‘

So in fact he also took an ila’ oath.

It is obligatory to give the man who took the Ila’ vow a grace period of four months, whether he is a free man or a slave, in the case of a wife who is capable of having intercourse if she asks for it.

The beginning of this time in the case of a woman who is still a wife is from the time of the ila’ oath. In the case of a woman who has been divorced, it is from the time of ruju’.

Then, after the grace period has expired, the husband who took the ila’ vow – is told to choose between al fai’ah (returning to the wife) by inserting his hashish or approximately the size of the hashish for the husband who cut off his hashish into his wife’s vagina.

If he swore that he would not have intercourse in the name of Allah, or divorced his wife whom he swore that he would not have intercourse with, he should pay expiation. Or divorcing a wife whom he swore not to have intercourse with.

Then, if the husband does not want to do the fai’ah and divorce, the judge “pronounces one raj’i divorce on behalf of the husband”.

Therefore, if the judge pronounces more than one divorce, the divorce does not take place.

If the husband is only incapable of fal’ah, then the judge orders him to … impose divorce.

MUHIMMAT IN CHAPTER ILA’

Saying Alaihi Laknatulloh Does Not Include Ila’

I (Sayyid Muhammad ibn Ahmad ibn ‘Umar ‘as-Syathiri) was asked by someone on the telephone: that he had said to his wife: may the curse of Allah Swt be upon him when he accepts and takes something from her hand, and he continues in that state. So I replied: What you said does not count as an ordinary oath, a Ha’ oath, or a thalak; rather it is just a bad speech for which one must repent to Allah, the Almighty.

CHAPTER DHIHAR

(Fasal) in explaining the rulings on dhihar.

Dhihar is etymologically derived from the word “adh dhahru” (back).

And in terms of legal terminology, it is the word of a husband who likens his wife who is not divorced ba’in to a woman who is not lawful for him to marry.

Dhihar is when a man says to his wife, “You are to me like my mother’s back”. The expression dhihar is specific to the words “adh dhahru (back)” not the stomach for example, because in reality the back is the riding place and the wife is the husband’s mount. When the husband says that to his wife, i.e. “you are to me like my mother’s back”, and he does not proceed directly to divorce her, then he is considered to be returning to his wife.

If this is the case, then expiation is obligatory.

The expiation is gradual. The Author mentions the explanation of the stages of the expiation in His words,

The expiation for dhihar is to free a slave who is a believer in Islam, even if it is because of the Islam of one of his parents, who is free from any disgrace that might interfere with work with obvious disruption. Then, if the person who committed dhihar did not find the slave mentioned, with the illustration that he was not able to get a slave by sight or by shara review, then it is obligatory to fast two consecutive months. The reference point for counting the two months is the date, even if each is less than thirty days. Fasting these two months is accompanied by the intention of expiation at night.

It is not stipulated that the intention be tatabu’ (consecutive) according to the view of al ashah.

Then, if the person who took the dhihar vow is unable to fast for two months or is unable to do it continuously, then he must feed sixty poor people or fagirs.

Each poor person or fagir gets one mud of the type of grain that is issued in zakat fitri.

If that is the case, then these grains should be taken from the staple foods of the country of the one who is making expiation, such as white wheat and red wheat, not flour and sago.

If the person who is obliged to offer expiation is unable to do all three, then he is still liable for expiation.

So, if after that he is able to do one of them, then he must do it.

If he is only able to offer part of one of the expiations, such as giving one mud or half a mud, then he must offer it.

A man who commits dhihar is not allowed to have intercourse with his wife until he has done the things mentioned above.

MUHIMMAT IN DHIHAR CHAPTER

1. The Vow of a Drunk Person

The ruling on an oath of dhihar uttered by a drunk person is detailed, if the drunk is not reckless (intentionally) then all fuqaha’ are agreed that it does not happen. If the drunkenness is reckless, then there is a strong difference of opinion. According to Imams Shafi’i, Malik, Abu Haneefah, Abu Yusuf ibn Ibrahim, Muhammad ibn Hasan as-Shaibani and some of the Imams, the oath of dhikr occurs, because it is a form of punishment against him. Whereas according to other scholars of Figh, such as Imam Ahmad, it does not happen.

2. Husband’s Calling Wife Ya Ukhthi

In some regions, some people call their wives ‘O my sister’ and their wives ‘O my brother’ in order to show emotional compassion, but this is not good. And there is a slang mugabil adzhar which states: Calling one’s wife by a limb, even if it is a visible limb, does not come under the heading of dhihar.

CHAPTER LI’AN & ACCUSING ADULTERY

(Fasal) explains the rulings on gadzaf and li’an.

Etymologically, li’an is a masdar word taken from the word “al Ia’nu” which means far away.

And in terms of legal terminology are certain sentences that are used as an argument for the person who is forced to accuse adultery against the person who has defiled his honor and found a defect in him.

When a man accuses his wife of adultery, it is obligatory for him to receive the hadith of gadzaf, and it will be explained that in fact the hadith of gadzaf is eight lashes.

Unless the man accusing her of adultery is able to produce witnesses to the adultery of the woman he is accusing. Or the man takes a li’an oath against his wife whom he accuses of adultery.

Some of the texts use the language, “or he may . take a li’an oath at the behest of a judge or a person whose ruling is similar to that of a judge, such as a muhakkam (one who is asked to be an interpreter of the law)”.

Then the man said before the judge in the jami’ mosque on the pulpit in front of a group of at least four people, “I testify by Allah that I am among those who are truthful in the accusation of adultery that I have brought against my wife, so-and-so, who is not here.”

If the wife is also present, then the man gestures to her with the words, “this is my wife.”

If there is a child whose lineage he has cut off, then he must mention the child in the words of the li’an oath, so he said,

“and indeed this child is the result of adultery, not from me.”

The man taking the li’an oath must say these words four times.

And in the fifth stage, after the judge or muhakkam advises him by warning him of the punishment of Allah in the Hereafter and that indeed the punishment of Allah in the Hereafter is much more painful than the punishment in this world, then the husband says, “and I deserve the curse of Allah swt if I am among those who lie about this accusation of adultery that I am accusing my wife of.” And the author’s statement, “on the pulpit in front of the congregation” is something that is not obligatory in li’an, rather it is Sunnah.

L’an performed by a husband even if the wife did not take the l’an vow, relates to five laws:

The first is that the haddah of the husband is waived, namely the haddah of gadzaf (adultery) on the wife if she is a woman with full knowledge, and the ta’zir is waived if she is not a woman with full knowledge. Secondly, the hadeeth on the wife remains, namely the hadeeth of adultery on her, whether she is a Muslim or a disbeliever, if she does not take the oath of li’an,

The third is the loss of the relationship between husband and wife. The author expresses this with the language “divorce forever”.

The divorce is valid (dhahir batin), even though the husband who took the li’an oath denied himself.

The fourth one is to cut off the children of the husband who took the li’an oath.

As for the wife who took the H’an vow, the child’s lineage cannot be severed from her.

Fifthly, it is forbidden for the wife who took the li’an oath to congratulate him.

So that the man who made a fan oath is not allowed to marry her again and also not allowed to marry her on the grounds of milku yamin, even though the woman is a slave that he bought.

In the books that are lengthy in their explanations there is additional information. on these five.

One of them is the loss of the woman’s muhshan status for the husband if she does not take the Ii’an vow as well. So, if after that the husband accuses her of committing adultery again, then the husband has no right to be confronted.

Had zina can be waived by the wife repeating the li’an oath, i.e. taking a “li’an oath against the husband after li’an”.

the husband is perfect,

In her I’an and the husband was present, the wife said, “I testify by Allah that this so-and-so is indeed one of those who lie about the accusation of adultery that he accuses me of.”

The woman repeated this four times.

In the fifth stage of her li’an after the judge or muhakkam had advised her by warning her of Allah’s punishment in the Hereafter and that His punishment in the Hereafter is far more painful than the punishment in this world, the woman said, “And I deserve the wrath of Allah if he is among those who are truthful in the accusation of adultery that He accuses me of.”

The words described above are for people who can speak. As for a mute person, he should take the li’an oath by using signs that can be understood by others.

If, in the words of the li’an, he replaces the phrase “ash sahadah” with the phrase “al halfu”, like the man who swore the li’an oath, “I swear by Allah”, or replaces the phrase “al ghadiab” with the phrase “al la’nu”, or vice versa, like the woman who swore the li’an oath, “The curse of Allah shall be upon me” and the man who swears by Yang, “The wrath of Allah shall be upon me”, or each of the words “al ghadiab” and “al la’nu” were said before the four sahdahs were completed, then li’an in all these cases is not valid.

MUHIMMAT IN CHAPTER LI’AN & QADZAF (ACCUSING ADULTERY)

1. Saying Wahai Child of Adultery is Oadzaf (fornication)

Often we hear people saying to a child, “O child of adultery,” and this is gadzah for the mother of the child, and she must be punished for this, because it is sharih gadzaf.

2. Conditions of Li’an

The conditions of Lian are four: :

1. There is an accusation of adultery that requires a hadd.
2. The order is gadhi for lian.
3. Teaching lian sentences.
4. Iian sentences are pronounced serially.

CHAPTER IDDAH .

(Fasal) explains the rulings on ‘iddah and the different types of mu’taddah (women observing ‘iddah).

Etymologically, iddah is the isim of the madli fi’il “‘tadda.”

And in terms of legal terminology, it is the waiting of a woman for a period of time within which it can be known that her womb has been cleared, with some period of chastity, several months or giving birth to the womb.

There are two kinds of mu’taddah women: mu’taddah mutawaffa ‘anha zaujuha (those whose husband died) and mu’taddah ghairu mutawaffa ‘anha zaujuha (those whose husband did not die).

In the case of mu’taddah mutawaffa “anha zaujuha, if she is free and pregnant, then her ‘iddah because of the death of her husband is to give birth to the whole pregnancy, up to and including twins, provided that it is possible for the child’s lineage to be connected to the deceased husband, even if it is only a possibility, such as a child who was “denied” by an oath of li’an.

So, if a young child dies and it is not possible to have offspring and leaves behind a pregnant wife, then the wife’s ‘iddah is to pass several months, not to give birth. If the mu’taddah mutawaffa’anha zaujuha was not pregnant, then her ‘iddah is four months and ten days and nights.

The four months are calculated according to what the lunar calendar allows, and for lunar dates that are not complete, they are increased to thirty days.

For mu’taddah ghairu mutawaffa ‘anha zaujuha if she is pregnant, then her ‘iddah is by giving birth to a pregnancy that can be linked to the husband who has ‘iddah.

If the mu’taddah ghairu mutawaffa ‘anha zaujuha is not pregnant and she is “one of the women who can menstruate,” then her ‘ddah is three times agra’, i.e. three times pure.

If she was divorced while she was chaste, meaning that she was still chaste after the divorce, then her ‘iddah ends with the third menstrual period, or if she was divorced while she was menstruating or postpartum, then her ‘iddah ends with the fourth menstrual period.

If the mu’taddah ghairu mutawaffa ‘anha zaujuha is a child or an adult who has never menstruated and has not reached the age of ya’si (monupause), or £ she is a woman who is experiencing , mutahayyirah (confusion about menstruation and purity) or has reached the age of monupause, then her ‘iddah is three months according to the lunar calendar if the divorce coincides with the beginning of the month.

So, if she is divorced in the middle of the month, then her ‘iddah is two months after that – according to the date and for the number of months that are not complete, it is increased to thirty days from the fourth month.

If the mu’taddah ghairu mutawaffa ‘anha zaujuha – mentioned above – experiences menses while observing ‘iddah based on months, then she must observe ‘iddah based on periods of purity.

If she does not observe ‘iddah or menstruate after completing her ‘iddah by counting the months, then she does not have to observe ‘iddah again by counting the periods of chastity,

If a woman is divorced before having intercourse, then she does not have to observe ‘iddah.

Whether or not the husband has had sex with her other than vaginally.

The ‘iddah of a pregnant slave woman who is divorced by raj’i or ba’in is to give birth to a child, provided that the child can be linked to the man who owns her ‘iddah (husband who divorced her).

The author’s phrase “like the ‘iddah of a free woman who is pregnant” applies to all the rulings described above.

If the ‘iddah is for a number of chastity periods, then the slave girl should observe ‘iddah for two chastity periods.

Muba’adI, mukatab, and ummu walad female slaves are ruled like mummified female slaves.

If the slave girl is observing ‘iddah by counting the months because her husband died, then her ‘iddah is two months and five days.

The ‘iddah of a slave woman for divorce is one month and a half, which is half the ‘iddah of a free woman.

One view is that the ‘iddah is two months, and Imam Ghazali’s statement establishes the superiority of this view. The Author, however, only made two months the preferable form, so He said, “so if the slave girl observes ‘iddah with two months, that is preferable.”

One view is that the ‘iddah is three months, and this is the more cautious view, as stated by Imaam Ash-Shafi’i (may Allah be pleased with him).

And this is the view followed by some of the ashhab”.

CHAPTER TYPES OF MU’TADDAH AND ITS RULINGS

(Fasal) explaining mu’taddah (women observing ‘iddah) and its rulings.

A woman who is in the ‘iddah of divorce is obliged to stay in the house where she was divorced if it is suitable for her.

She must be given maintenance and clothing unless she is unfaithful before divorce or in the middle of the ‘iddah.

Just as it is obligatory to provide for her, she must also be provided with the other necessities of life except for the means of cleansing the body.

A woman who has been divorced is not obliged to be given a place to live unless she is pregnant.

It is obligatory to spend on her because of pregnancy according to the saheeh view.

Some say that it is actually for the womb.

It is obligatory for mu’taddah mutawaffa ‘anha zaujuha to do ihdad. Ihdad is etymologically derived from the word “al had”. Al had means to prevent. Ihdad in legal terminology is preventing oneself from adorning oneself by not wearing clothes that are colored with colors intended for adornment such as yellow or red clothes.

It is permissible to wear colorless clothing made of cotton, fur, cotton, worm silk, and colored garments that are not intended for adornment.

And refraining from perfume, i.e. using perfume on the body, clothing, food, or kohl that is not haraam.

With regard to haraam kohl, such as kohl that is not perfumed, it is haraam in terms of what it is made of,

Unless there is a need, such as eye pain, then it is permissible for a woman who is in ‘Iddah.

However, he should use it at night and clean it during the day unless there is an emergency that requires wearing it during the day.

It is permissible for a woman – other than the deceased wife – to observe ihdad for the death of someone other than her husband, either a relative or another man for three days or less.

So it is not permissible for her to do ihdad for more than three days if she intends to do it.

So if she does it for more than three days without the intention of doing ihdad, then it is not haraam.

For mu’taddah mutawaffa “anha zaujuha and women who are divorced ba’in, it is obligatory to stay at home.

It is the house in which the separation between her and her husband takes place, if it is suitable for her.

It is not permissible for the husband and others to remove the woman from the house where the separation took place.

Likewise, the woman is not allowed to leave the house even if her husband is willing. Unless there is a need, then it is permissible for her to leave the house.

Such as going out during the day to buy food, cotton cloth, to sell weavings or cotton and the like.

It is permissible for a woman to go out at night to her neighbor’s house for weaving, chatting and the like, provided that she returns home and spends the night in her own house.

It is also permissible for him to go out when he fears for himself, his children or his neighbor, which are matters that are mentioned in books that are lengthy in their explanations.

CHAPTER ISTIBRA’

(Fasal) explains the rulings of istibra’. Istibra’ etymologically means to seek freedom.

 In terms of legal terminology, it is the waiting of a woman for ownership to come to her, or for ownership to disappear from her, because of the element of ta’abbudi or because of clearing her womb of the fetus.

Istibra’ is obligatory for two reasons. One is the loss of ownership of the slave girl.

This will be explained in the phrase “when the master of the slave ummu walad dies” until the end of the explanation. The second reason is that ownership – of the slave girl – has just come.

 And the. The author explains it in His words,

If a man takes possession of a slave girl by purchase, and there is no longer any khiyar on her, by inheritance, bequest, gift or any other means of ownership, and she is not his wife, when he wants to marry her, then it is haraam for him to have pleasure with her until he istibra’ her.

If the slave girl is a menstruating woman, then one menstrual period.

Even if she is a virgin, even if the seller has already performed istibra’ before she is sold, and even if ownership passes from a child or a woman’s employer.

If the slave girl is one of the women who use the lunar reckoning, then her ‘iddah is one month.

If the slave girl is one of the pregnant women, then her ‘iddah is by giving birth to the womb.

When a man buys a slave wife, it is mustahabb for him to perform istibra’ on her.

With regard to a slave girl who has been married or is in ‘iddah, when someone buys her, it is not obligatory to do istibra’ on her at that time. But when the bonds of marriage and ‘iddah have been broken, such as if the slave girl is divorced before intercourse or afterwards, and her ‘iddah has been completed, then it is obligatory to do istibra’.

When the master of an ummu walad slave dies and she is neither married nor in the state of ‘ddah nikah, it is obligatory for her to perform istibra’ on herself just like a female slave.

Yes, the istibra’ that she does is with one month if she is one of those women who use the lunar reckoning.

If not, then with one menstrual period if it is one of the women who use the calculation of the period of purity.

If the master does istibra’ with his female slave whom he has had intercourse with and then emancipates her, then the slave does not have to do istibra’, and she may marry immediately.

MUHIMMAT IN BA8 IDDAH & RELATED MATTERS

1. Woman who teaches, what is her Iddah?

A woman who is a teacher and is in ‘iddah, is it permissible for her to leave the house? The scholars said: It is permissible, and female students, according to my belief, are similar.

2. Iddah of a woman who had a cesarean section

When a pregnant woman gives birth by cesarean section, her iddh ends with the birth of the baby.

3. A man does not have an Iddah period

A man does not have an ‘iddah period, so he may marry another woman immediately after separation.

CHAPTER SUSUAN

(Fasal) explaining the rulings of radia’ with fathah or kasrah reading of the letter ra’.

Radia’ is etymologically the name for sucking the nipples of a virgin and drinking her milk, and thermonologically the law is the entry of the milk of a certain Adam’s woman into the stomach of a certain Adam’s child in a certain way.

Radia’ can only be valid with the milk of a living woman who has reached the age of nine Oamariyah years, whether she is a virgin or widow, unmarried or has a husband.

When a woman breastfeeds a child with her milk, whether the child drinks the milk while the woman is alive or after her death, provided that the milk was taken while the woman was alive, then the child she breastfed becomes her child on two conditions.

One of them is that the child is less than two years old according to the date count.

The beginning of two years is from the time of the child’s full birth. If the child has reached the age of two years, breastfeeding him does not have the effect of making him a mahram.

The second condition is that the breastfeeding woman has breastfed the child for five separate feedings that have entered the child’s stomach.

The limit of five times is ‘urf. So the breastfeeding that is considered to be one or several breastfeedings by ‘urf, then that is what counts. If not, then it does not count.

So, if the boy who followed interrupted the suckling between each of the five sucklings by turning away from the nipple, then the sucklings are counted separately (not together).

The husband of the woman who has breastfed becomes the father of the breastfed child.

For the murdia’ (breastfed child), with the fathah of the dlad, it is haraam to marry the woman who breastfed him and those women who are related to his breastmother.

And it is forbidden for a breastfeeding woman to marry a murdia’, her son even if he is below her, and someone who is related to her even if he is above her.”

Not someone who is equal to her, i.e. to the breastfed child such as her brothers who do not breastfeed with her.

Or someone who is on the same level as him, and not someone who is higher than the murdia’, i.e. a child who is breastfed like his uncles.

In the chapter on women who are forbidden to marry, we have mentioned those who are forbidden to marry because of nasab and radia’ in detail, so refer to that.

MUHIMMAT IN THE CHAPTER OF RADLA’ (BREASTFEEDING)

1. The pillars of Radha’

The pillars of radha’ are three: 1. the woman who breastfed. 2. The breastfed child. 3. the milk.

2. Twins breastfed by two women

If two women breastfeed each other’s twins, the ties of kinship between the two twins will not be broken, because breastfeeding does not break the ties of kinship, rather it strengthens them.

3. Breast milk donor

Milk collected in a hospital from several different mothers, when drunk by a baby who is hospitalized, is considered breastfeeding that makes a mahram, when the criteria set out in the books of figh have been met.

CHAPTER NAFKAH

(Fasal) explains the rulings on kin maintenance.

In some of the texts, this chapter comes later than the chapter that follows it. “The phrase “an nafagah” is derived from the phrase “al infag”, and means to take out.

The word “Infag” is not used except in kindness.

Nafagah has three causes: kin, milku yamin, and conjugal bond.

The Author explains the first reason in His words, Nafagah of parents and children from the family line is obligatory for children and parents.

Whether the parents are male or female, of the same religion or of different religions: their children must provide for them.

With regard to the parents, even if they are above the age of majority, they must be provided with nafaqah on two conditions.

They are fagir, meaning they have no wealth or are unable to work and are paralyzed, or fagir and insane.

Az zamanah is the masdar form of the phrase “zamuna ar rajulu zamanatan (a man who is completely paralyzed) when he has a disease”.

So, if they have wealth or are able to work, then they are not obliged to be given nafagah.

As for the children, even downwards, their maintenance is obligatory on the parents under three conditions:

One of them is poor and young. So if the child is rich and has grown up, then it is not obligatory to give nafagah.

or fagir and paralyzed. So if the child is rich and strong, then nafagah is not obligatory.

Or fagir and insane. So a child who is rich and has a mind is not obliged to give nafagah.

The Author mentions the second reason in His words, “providing for slaves and livestock is obligatory.”

So, whoever owns slaves, whether they are male, female, mudabbar, ummu walad or own livestock, it is obligatory for him to provide for them.

So it is obligatory for him to feed his slave with the staple food of the local people and the side dishes that they usually consume at a sufficient level. And it is obligatory to clothe them according to the clothing, of the local people.

In clothing slaves, it is not enough to provide clothing that only covers the ‘awrah,

Slaves and farm animals should not be forced to do work that they are not capable of doing.

When an employer employs his slave during the day, it is obligatory to rest him at night. And during the dry season, it is obligatory to rest at the time of gailulah (midday). “It is also not permissible for the employer to force his livestock to carry things that the animal is not capable of carrying.

The Author mentions the third cause in His words,

Nafagah for a wife who has surrendered herself is obligatory for a husband.

Since the nafagah for the wife varies according to the husband’s circumstances, the Author explains this in His words,

Nafagah for the wife is estimated.

So, if the husband is a wealthy man, and his wealth is considered to be at the break of dawn every day, then he is obliged to give his wife two muds of food every day and every night, whether she is a Muslim or a kafir dzimmi, free or slave.

The two muds were taken from the wife’s staple food.

What is required is the local staple food, whether it is white wheat, “red” wheat, or anything else up to condensed milk for the rural people who use it as a staple food.

And is obliged to give his wife the usual side dishes and clothes.

So, if the local area is accustomed to using side dishes with zait oil, sesame oil, butter and the like, then that custom is followed.

If there are no dominant side dishes in the area, then it is obligatory to provide side dishes that are appropriate to the husband’s situation. Side dishes vary with the seasons.

So in every season, it is obligatory to provide side dishes that are commonly consumed by the people at that time.

The wife must also be given meat according to her husband’s circumstances.

If the local custom in terms of clothing for people of the husband’s class is cotton or silk, then it is obligatory to provide the wife with such clothing.

If the husband is poor, and the measure of poverty is considered to be the time of dawn each day, then it is obligatory to give one mud of food.

It is obligatory for the husband to give his wife one mud of the locally dominant staple food every day until the evening.

And provide side dishes commonly consumed by the local poor.

And give them the clothes they are used to.

If the husband is a middle-of-the-road person, and this middle-of-the-road measure is considered to be the time from dawn each day until nightfall, then one mud and a half is obligatory, i.e. the husband must give one mud and a half of the locally dominant staple food.

And it is obligatory to provide the wife with side dishes and moderate clothing.

What is meant by the middle is something that falls between what is obligatory for a rich husband and what is obligatory for a poor husband.

The husband is obliged to give his wife food grains.

The husband is obliged to grind and bake the food. The wife is entitled to be provided with eating, drinking and cooking utensils.

The wife is also entitled to a place to live that is suitable for her by custom.

If the wife is among those who are used to being served, then it is obligatory for the husband to find a servant for his wife.

Whether it is a free woman’s maid, her slave girl or a hired slave girl, or by giving maintenance to a woman who accompanies his wife, whether a free woman or a slave, for the purpose of serving her, if the husband is willing to do so.

If the husband is unable to provide for his wife, i.e. to provide for her in the days to come, then it is permissible for the wife to be patient with him and provide for herself out of her own wealth, or out of debt, and what she spends becomes the husband’s debt.

And she is also allowed to annul the marriage. When the wife annuls the marriage, divorce occurs.

And this is a divorce for annulment of marriage, not a divorce for divorce.

With regard to the days’ maintenance that have passed, the wife has no right to break the marriage contract because the husband is unable to provide it.

Likewise, the wife has the right to annul the marriage if her husband is unable to provide the dowry before intercourse.

Either the wife knew before the contract that the husband would not be able to provide it or she did not.

MUHIMMAT IN CHAPTER NAFAOAH

1, Nafagah Sequence

In the order of maintenance, a person starts with himself and his wife, then his wife’s maid, then his young children, then the mother, then the father, as opposed to giving zakat al-fitr, because the father comes first, then the mother, then the adult children.

2. Providing for Others

If a person gives alms on behalf of another person, he does not have to pay zakat al-fitr according to the consensus of the Shaafa’is, who agree with Imam Malik, Imam Abu Hanifah and Imam Dawud. But according to Imam Ahmad, he is obliged to pay zakat al-fitr.

3. Wife’s Medicine Cost

When a wife is sick, is the husband obliged to treat her and pay for her medical treatment? There are two opinions,

1. It is not obligatory, which is the gharib opinion.
2. Required.

PARENTING CHAPTER

(Fasal) explains the rulings of hadlanah.

Etymologically, hadlanah is taken from the lafadz “al hadin” with the kasrah reading of the letter ha’nya, which means the stomach.

Because the mother caring for a small child will attach the child to the mother’s stomach.

And in legal terminology, it means protecting a child who cannot take care of himself from things that can harm him because he is not yet tamyiz, such as young children and insane adults.

When a man divorces his wife and he has a child by her, the wife has the right to care for the child.

Ya’ni takes care of the child with something positive for him by taking care of food, drinks, bathing, washing clothes, caring for him when he is sick and other positive things for the child.

The costs of hadlanah are borne by the person who is obliged to provide for the child.

When the wife is reluctant to care for the child, custody passes to the wife’s mother.

His wife’s custody continued until she was seven years old.

The author says seven years because tamyiz usually occurs at that age, but the point is until tamyiz, whether it occurs before seven years or after.

Then after that, the child who is already tamyiz is told to choose between the two parents. Whichever one he chooses, then the child is handed over to him.

Then, if one of the parents has a defect such as insanity, then the child is handed over to the other parent as long as the defect is still present in that parent.

If the father is no longer around, then the child is told to choose between the grandfather and the mother. “If the father is absent, the child is to choose between the grandfather and the mother, and the child is to choose between the mother and those who are related to him from the side, such as the father’s brother or uncle. The conditions of hadlanah are seven:

One of them is reasoning. So there is no custody for an insane person, whether the insanity is continuous or intermittent.

If the wife’s madness is short-lived, such as one day a year, then her parental rights are not invalidated by the sickness. The second is freedom. So a slave woman does not have custody even if her master gives her permission to take care of her.

The third is religion. So there is no custody for a disbelieving woman over a Muslim child.

The fourth and fifth are ‘iffah (honor) and trustworthiness. Therefore, there is no custody right for an unfaithful woman.

In custody, inner fairness is not required to be evident, rather it is sufficient to have physical fairness.

The sixth one is migrating to the child’s region. In the sense that both parents are mugsim in the same area..:

So, if one of them wants to travel for some reason, such as Hajj or trade, whether the distance is far or near, then the child who is tamyiz or not should be left to the care of his parents until the one who is traveling returns.

If one of the parents wants to move away, the father has more rights than the mother to care for the child, so the father takes the child from the mother.

The seventh condition is loneliness, i.e. the loneliness of the tamyiz child’s mother from a husband who is not one of the child’s mahrams.

So if the mother marries a man who is a mahram to the boy, such as an uncle, the son of an uncle, or the son of the boy’s brother, and each of them is willing to be with the boy, then the mother’s custody cannot be terminated by marriage.

If one of the seven conditions is not met by the mother, then her parental rights are forfeited as explained in detail.

MUHIMMAT IN CHAPTER HADLANAH (PARENTING)

1. Criteria for Obtaining Custody

The conditions for being entitled to custody are twelve: 1) Being of sound mind. 2) Independent. 3) Islam. 4) Fair. 5) Domiciled. 6) Silent from the husband who has custody. 7) Not a minor child. 8) Not forgetful. 9) Can personally see the person who has custody of the child. 10) Not infected with leprosy and leprosy. 11) Does not have a disease for which there is no hope of recovery. 12) Does not prevent the child from breastfeeding from a woman who has breast milk.

2. Divorced Husband and Wife Living in Different Countries

When a husband and wife divorce with a child, and the place of residence of the husband and wife is different, the father has the right to take care of the child absolutely, whether it is a boy or a girl, whether the child has reached the age of puberty or not, because of several considerations, including: protecting the lineage so that it does not run away, benefit and learning, making it easier to pay for dil.

BOOK ON THE LAWS OF JINAYAT

Jinayat which is the jama’ form of the word “Inayah” includes killing, cutting off limbs or injuring.

There are three kinds of murder, there is no fourth.

-First, the murder of “amdun mahdun (purely intentional). The word “amdun” is a masdar form of the madii fi’il “amida” in the same wazan as the word “dlaraba”, and its meaning is intentional.

-The second and third are khatha” mahdlun (purely unintentional), and “amdun khatha” (intentional but wrong).

The author mentions the explanation of al ‘amdu in his words, Al ‘amdu al mahdu is when the criminal intentionally hits the victim with an object that is generally capable of killing.

In some redactions of the Book of Matan, the etymology is used, “in his habit.”

And the criminal intended to kill the victim with that object. And when this is the case, then the criminal must be gishash.

What the author mentions of considering intent to kill is a weak opinion.

The correct view is that there is no need for intent to kill.

The obligation to apply the law of gishash requires that the person killed or limbs cut off must be Muslim or have a security bond.

So for kafir harbi and apostates, gishash is not obligatory when killed by a Muslim.

Then, if the victim forgives the perpetrator in the case of “amdun mahdlun, then the killer is obliged to pay diyat mughaladhah (an aggravated fine) immediately and taken from the killer’s property.

The author will mention the explanation of taghlidh diyat,

Khatha’ mahdlun is when someone throws at an object such as a game animal, but then it hits a man and causes death.

So there is no gishash for the one who stoned, rather he is obliged to pay a mitigated diyat, which is to be paid to the heirs of the perpetrator’s ashabah in installments over a period of three years. And the Author will mention the explanation,

Every year of that period is taken approximately one-third of the entire diyat (fine).

For those who are rich and own gold, they must pay half a dinar at the end of each year.

The one who owns silver must pay six dirhams, as explained by Imam Mutawalli and others.

What is meant by al “agilah is the perpetrator’s ashabah heirs, not his parents or children.

‘Amdul Khatha’ means that the perpetrator of a crime deliberately hits the victim with an object that usually does not kill, such as the perpetrator hitting the victim with a light stick, but then the victim who was hit dies.

The perpetrator is not liable for the haddah, but is liable to pay a “mughalladhah” (heavy fine) which is to be paid to the perpetrator’s ‘agilah (heirs) in installments over a period of three years. The author will mention the explanation of the severity of the diyat.

The author then goes on to explain who is entitled to the punishment of gishash. Oishash is derived from igtishashul atsar, which means scrutinizing the trail, because the victim’s family will scrutinize the criminal case and then take appropriate retribution. The author said,

The conditions for the obligation of gishash in the case of murder are four.

In some of the texts of the Book of Matan, using etymological terminology, the conditions for the ruling of gishash being obligatory are four.

First, the killer has reached puberty. So there is no obligation of gishash on a child.

If the murderer had said, “I am still a boy”, then he would have been excused without having to swear an oath.

Secondly, the murderer is a person of perfect intelligence.

So gishash is not permissible for a madman unless his madness is intermittent, in which case he should be gishashed when he recovers.

Qishash is obligatory for a person who loses his senses by consuming intoxicating drinks due to recklessness in consuming them.

This excludes the one who is not careless, such as if he drank something that he thought was not intoxicating, but it turned out later that he lost his mind, so he does not have to do gishash.

Third, the killer is not the parents of the murdered victim.

So there is no gishash on a parent who kills his own child, even if it is a child or grandchild.

Ibn Kajj said, “If a judge decides to sentence to death a parent who has killed his child, then the judge’s ruling is void.”

Fourthly, the victim who is killed is not of the same status as the killer, because of disbelief or the status of a slave.

Therefore, a Muslim cannot be put to death for killing a kafir harbi, dzimmi or kafir mu’ahad.

A free man cannot be put to death for killing a slave.

If the victim who is killed has a disadvantage compared to the killer because he is old, small, tall, or short, for example, then that does not count.

A group of people must be put to death for killing one person, if that one person is equal to the status of the murderers, and the actions of each of them would have killed the victim if they had been alone.

Then the author hints at a method by saying: Any two people between whom the ruling of gishash applies in the case of murder, the ruling of gishash applies between them in the case of limb amputation.

Just as the person who kills must be a mukallaf, the person who cuts off a limb must also be a mukkalaf,

If this is the case, then a person who is not sentenced to death for killing someone is not entitled to the punishment of dismemberment for cutting off his limbs.

The conditions for the obligation of gishash in the case of cutting off a limb are two, after taking into consideration the conditions mentioned in the gishash of murder. One of them is isytirak (the same) in the specific name for the severed limb.

The author explains this by saying, “Your right side is cut off because of the right side, i.e. the right side, such as the ear, the hand, or the foot, is to be cut off because it cuts off the right side of those limbs.

And the left side of the limbs is entitled to be cut off because it cuts off the left side of the limbs.

If this is the case, then the right member cannot be cut off because it has cut off the left member, and it cannot be the other way around.

Secondly, one of the two limbs that is being cut off has no problem (still functioning). So it is not permissible to cut off a healthy hand or foot because cutting off a hand or foot is shala’.

A limb that is shala’ is a limb that is no longer functional. But a limb that is shala’ is entitled to be cut off because cutting off a healthy limb is according to the majority opinion.

Unless there are two just men from the khubrah (experts) who say that: indeed, when the non-functioning member is cut, the blood will not stop, rather the ends of the veins will be open and cannot be closed by being cut.

In addition to this, the person entitled to the member accepts and does not claim compensation for the defect.

Then the author hints at a rule by saying: Any limb that can be taken away, i.e. cut off from the joints such as the elbow and wrist, then the ruling of gishash applies to that limb.

As for limbs that do not have joints, the ruling on gishash does not apply to them. You should know that there are ten kinds of wounds on the head and face.

Harishah using letters that do not have periods. Harishah is a “wound” that tears the skin slightly.

Damiyah, which is a bleeding wound on the skin.

Badli’ah, is a wound that cuts into the flesh.

Mutalahimah, which is a wound that goes deep into the flesh.

Simhag, which is a wound that reaches down to the skin between the flesh and bone.

Mudlihah, which is a wound that exposes the bone beneath the flesh.

Hashimah, which is a wound that breaks the bone, whether or not the bone is exposed. Munaggilah, which is an injury that moves the position of the bone from one place to another.

Ma’munah, which is a wound that reaches the brain bag called ummu ra’s (the center of the head).

Damighah with the letter ghin which has a dot on it, which is a wound that tears the brain bag and reaches up to the ummu ra’s.

From these ten forms of injury, the Author excludes what is summarized in his words,

There is no ruling on gishash in the case of wounds, i.e. the wounds mentioned above, except for mudlihah wounds only, not any other of the ten wounds.

MUHIMMAT IN THE BOOK OF JINAYAT LAWS

1. Death Penalty for Corruptors

Al-Muhib At-Thabari said in his book at-Tafgiih: It is permissible to kill powerful government officials who are oppressive to their people, because it is analogous to the permissibility of killing five evil animals, because the harm is greater than the harm of the five animals.

2. Prohibition of Saving the Pious, Sacrificing the Foolish

It is forbidden to throw slaves, disbelievers, ignorant people, and noble people into the sea in order to save passengers who are free, Muslim, pious people whose knowledge is like the sea, even if it is only one person and noble people, because all of them have in common, namely the status of being honored by Allah as His servants, even though they have differences in nature.

3. The Law of Forced Killing

Comment: The Ashabuna (Ashabu as-Shafi’i) differed on the reason why the ruling of gishos is waived for one who is forced to kill: According to the scholars of Baghdad: The fact that one is forced to kill comes under the heading of an ambiguous circumstance that may prevent the punishment from applying. Based on this opinion, the ruling on gishos is waived for the one who was forced to kill, and he is obliged to pay half of the diyat, because he is one of the two murderers.

CHAPTER DIYAT

(Fasal) explains about diyat (fine).

Diyat is money that must be paid for injuring a free person either life or limb.

There are two kinds of diyat, mughaladhah (heavy) and mukhaffah (light), and there is no third.

The diyat for intentionally killing a free male Muslim is one hundred camels. The hundred camels are divided into three.

Thirty were hiqqah camels.

Thirty were jadz’ah camels.

The definition of these two camels has been explained in the book “ZAKAT”.

And forty of them are khalifah camels. The word khalifah is pronounced with the fathah of the kha’s with a dot on top, the kasrah of the lam, and the use of the letter fa’.

The Author describes the caliph’s camel in his words, “in the camel’s belly is his son.”

What is desired is that the forty camels are pregnant camels. The pregnancy of the camels can be established by the words of the expert on camels.

The diyat for killing a free Muslim man is one hundred camels. One hundred divided by five.

Twenty of them are higgah camels, twenty of them are jadi’ah camels, twenty of them are bintu labun camels, twenty of them are ibn labun camels, and twenty of them are bintu makhadi camels. When the camels must be paid by the killer or the ‘agilah heir, the camels are taken from the camels of the one who is obliged to pay. ,

If he does not have a camel, then the most numerous camel in the city for those who live in the city, or in the countryside for those who live in the countryside.

If there are no camels in the town or village, then the most numerous camel in the town or village closest to the place where the person who is obliged to pay the diyat is taken: Then, when there are no camels, then he switches to spending money worth the camels.

In another wording of the Book of Matan it says: “If the camel is not found, then it is permissible to pay the price of the camel.” This is the view in the jadid slang, and it is the saheeh view.

There is an opinion in the gedolim that says: It is prescribed to give one thousand dinars to the one who owns gold.

Or switching to paying twelve thousand dirhams, for those who have silver.

In all of the cases described, either diyat al mughaladhdhah or diyat al mukhoffah.

It is obligatory to pay half of the diyat because it cuts off one of the two.

It is obligatory to pay five camels in the case of mudlihah of a free Muslim man, and in the case of his teeth.

And it is obligatory to pay hukumah in the case of removing any member that has no benefit.

Hukumoh is part of the diyat, and the reason for its being part of the diyat of life is that it is less than what the injured person would have been worth had he been a slave with the characteristics he possessed.

Thus, if the price of the victim before the wounding of his hand was for example ten, and after the wounding it became nine, then the shortfall is one tenth, so that ‘ is obliged to pay one tenth of the diyat of the full life.

The diyat of a protected male slave is the price of the slave, as well as the diyat of a female slave, even if the price of both is more than the diyat of a free person.

If a servant’s penis and testicles are cut off, then he must pay two prices, according to the view of al-adhar.

The diyat of a free fetus (child in the mother’s womb/embryo) who is Muslim by virtue of following one of its parents, if the mother is a woman who was awake at the time of the case, is ghurrah, i.e. one slave, male or female, who is free from serious defects.

The slave is required to reach half of the full diyat.

Then, if there is no slave, then it is obligatory to pay a substitute of five camels.

The slave must be paid for by the ‘agilah heirs of the perpetrator.

The diyat of a slave fetus is one-tenth of the mother’s price on the day the mother was harmed.

Anything that is required to be paid belongs to the mother’s employer.

In the case of a Jewish or Christian fetus, the ghurrah must be one-third of the ghurrah of a Muslim fetus, which is one and two-thirds camels.

CHAPTER QASAMAH

(Fasal) explains the rulings of gasamah. Oasamah are several oaths for murder.

When the accusation of murder coincides with Lauts, Lafdz “auts” by using the letter tsa’ with a colon.

Lauts is etymologically weak. And terminologically the law is garinah ” (signs) that indicate the truthfulness of the accuser by description, garinah / indications! – such – raises a suspicion of the truthfulness of the accuser in the heart.

It is to this description that the author hints with his words, “the sea raises in the heart the suspicion of the truth of the accuser.” For example, a murder victim or part of his body, such as his head, is found in a hamlet separated from a large city, as stated in the book of ar Raudlah and the original book of ar Raudlah.

Or the victim is found in a large village inhabited by the victim’s enemies and there are none other than them in the village.

So the accuser is sworn at fifty times. It is not stipulated that the oath be taken continuously according to the madhhabs.

If the oath is interrupted by insanity or fainting, then when the person who swore it regains consciousness, he may continue with the rest of the oath, if the qadli who was the judge at the time of the oath has not been dismissed.

Therefore, if the qadli has been dismissed and another qadli has been replaced, then he must repeat his gasamah oath again.

And when the accuser has sworn, then he is entitled to diyat.

The oath of gasamah does not apply in the case of cutting off limbs.

If there is no /auts, then the one who is accused must swear, so he swears fifty times. It is obligatory to offer expiation for the one who kills a forbidden life intentionally, khatha’ or shibh ‘amdin. If the killer is a child or a lunatic, then the guardians of both must free a slave from their wealth.

The expiation is to free a believing slave who is free from harmful defects, i.e. defects in deeds and work.

Then, if he cannot find a slave, he must fast for two months on consecutive dates with the intention of expiation.

It is not stipulated that the intention be tatabu’ (consecutive) according to the view of al ashah.

Then, if the person who is making expiation is unable to fast for two months because he is elderly, or he is suffering too much hardship because of fasting, or he fears that his sickness will worsen, then he must make expiation by feeding sixty poor people or fagirs.

Each of them he gives a mud of food that is enough for zakat fitri. It is not permissible for him to feed the disbelievers, Banu Hashim and Banu Muthallib.

A BOOK ON THE RULINGS OF HADD

The word “hudud” is the jamaic form of the word “had”.

Had etymologically means to prevent. It is called Had because it prevents from committing heinous acts.

The author begins the explanation of the different types of hadith with the hadith of adultery in the middle of his words.

There are two kinds of zina, zina muhshan and gairu muhshan.

Zina muhshan is punished by being stoned with a standard stone, not with a small pebble and not with a stone that is too big.

In a moment, it will be explained that a muhshan is a man who has reached the age of puberty, is of sound mind, and is free, who has inserted his hashishah (penis head), or the hashishah of a man who has been cut off, into the vagina in a valid marriage.

The punishment for zina ghairul muhshan on the part of a man or woman is one hundred lashes.

It is called jaldah, because it strikes the skin.

And exile for a year to a place within the distance of masafatul gasri (88 km) or more at the discretion of the imam.

.

The year is counted from the beginning of the adulterer’s journey, not from the time he reaches the place of exile.

“It is preferable that the exile is after the sentence has been served.

The conditions for Ihshan are four.

The first and second are puberty and reason. So there is no haraam for a child or an insane person, rather both of them are entitled to be taught good manners with something that discourages them from committing adultery.

The third is freedom. So that pure slaves, muba’adi slaves, mukatab, and ummi walad are not people who are muhshan, even though each of them has had wathi’/ biological relations in a legal marriage.

The fourth is biological intercourse with a Muslim or a kafir dzimmi in a valid marriage.

And in some of the wording of the Book of Matan, the phrase “fi an nikah ash shahih” is used. What the author meant by sexual intercourse is inserting the hashish, or approximately the hashish of the one whose hashish is cut off, into the vagina.

The statement, “in a valid marriage,” excludes wathi’/biological intercourse in an invalid marriage.

So ihshan cannot result from wathi’/biological connection. The hadd of male and female slaves is half the hadd of a free person.

Thus, each of them was sentenced to five lashes and was exiled for half a year.

If the author had said, “the one who has the characteristics of a slave, the hadd is ….”, it would have been better, because it includes the slave mukatab, muba’adl, and ummu walad.

The ruling on sodomy and having intercourse with animals is like the ruling on zina.

Therefore, if a person commits sodomy with someone, meaning that he has intercourse with him, in the anus, then he is entitled to be punished according to the view of the madhhabs.

If a person has intercourse with an animal, then he is liable to be punished in the manner described by the author, but according to the correct opinion, he is liable to be punished. | Whoever has intercourse with another woman on a part other than the vagina is liable to be punished. It is not permissible for the imam to punish him until he reaches the minimum hadd. Bt So, if the imam punishes a male slave, then in punishing him, it is obligatory to be less than twenty lashes.

Or if he is punishing a freeman, then he must be punished with less than forty lashes, because that is the minimum limit for each of them.

MUHIMMAT IN HAD CHAPTER

1 Definition of Had and Ta’zir

Hadd according to Shari’ah is a prescribed punishment that must be imposed on the person who has committed a crime. Because Shari’ah has determined the amount, it cannot be increased or decreased. Excluded from this definition is ta’zir, which is actually a punishment that has no predetermined rate, and is left to the discretion of the Imam.

2. Raped Woman Not Confronted

There is no hadith for a woman who is forced to commit adultery.

3. Male Rape Was Confronted?

Does a man who is forced to commit adultery incur the hadd? There are two opinions in this regard: 1) It is not obligatory, this is the view of the Shafi’i madhhab. 2) It is still obligatory,

CHAPTER ON ACCUSING ADULTERY

(Fasal) explains about gadizaf, Oadzaf etymologically means to accuse absolutely.

And in legal terminology it is accusing adultery on the basis of defamation, in order to exclude the testimony of adultery.

When a person accuses another of adultery by saying, “You have committed adultery,” then he is entitled to the hadith of gadzaf in the form of eighty lashes, as will be explained.

The word “gadzaf” is used with the letter dzal with a dot, this is if the accuser is not the father or mother of the accused, even if both of them reach the above as will be explained. with eight conditions.

Three of the conditions are on the accuser. In some of the wording of the Book of Matan, the phrase “tsalatsun” is used.

That is, the accuser is a person who has reached puberty and is of sound mind. So that a child and a madman are not entitled to be presented because they both accuse someone of adultery. The accuser is not the parent of the accused.

So, if a father or mother, even if both of them are up to the top, accuses their child of adultery, even if both of them are down to the bottom, then he is not entitled to the hadith.

And five conditions on the magdzuf (the person accused|.

That is, the person accused is Muslim, pubescent, of sound mind, free and free from adultery. Hence, there is no ruling on accusing a disbeliever, a child, a madman, a slave or someone who has committed adultery of adultery.

The free man who accuses adultery is punished with eighty lashes.

And a slave – who accuses zinam – gets forty lashes.

The Haddah of gadzaf is waived by the accuser for three reasons, one of which is to produce a witness, whether the accuser is another person or his own wife. The second is mentioned in the words of the Author, “or the accused forgives”, i.e. the accuser. The third is mentioned in the author’s words, “taking an oath of li’an in the wife’s right.”

Lian has been explained in the words of the Author, “the phase, when someone accuses

MUHIMMAT IN CHAPTER QADZAF

Saying “You are not my child”

And one of the mistakes that a man often makes with his children is saying, “You are not my son”. According to the scholars: This is considered gadzaf to the mother.

LIQUOR CHAPTER

(Fasal) explains the rulings on intoxicants and describes the hadith associated with drinking them.

Whoever drinks arak, which is a drink made from wet grapes, or drinks an intoxicating drink other than arak, such as nabidz made from dry grapes, then the drinker is subject to the hadd punishment.

If he is a free man, forty lashes shall be given. And if a slave, then twenty lashes.

It is permissible for the imam to impose a hadd punishment of up to eighty lashes. Anything more than forty lashes for a free person and twenty lashes for a slave is a form of ta’zir.

Some say that the excess of the hadith mentioned is the hadith.

Based on this view, it is not permissible to deduct anything from it.

Hadith is imposed on the one who drinks alcohol in one of two ways.

That is by witnesses, i.e. two men who testify to the act of the person who drank the drink mentioned. Or the confession of the one who drank that he actually drank alcohol.

So the hadd cannot be determined by the testimony of one man and one woman, not by the testimony of two women, not by an oath that is returned -to the accuser-, not by the knowledge of the qadli and not by knowledge other than gadi.

The one who drinks is not liable to the hadd punishment for spitting out alcohol and for istinka’, i.e. when the smell of wine comes from him.

MUHIMMAT IN THE LIQUOR CHAPTER

1. Basis for the Unlawfulness of Khomer

Description: The ruling on drinking alcohol is haraam according to the consensus of scholars, and is one of the major sins, and the early Muslims used to drink alcohol. According to one opinion, this was due to the continuation of pre-Islamic customs, but according to al-Ashoh it was based on revelation. According to Gil, it was permissible to consume alcohol at that time only to the extent that it was not intoxicating and did not lead to loss of reason, because loss of reason is forbidden according to all religions.

2. The prohibition of many intoxicants

If a person recognizes that he is not affected in any way by consuming intoxicating food, then it should be haraam for him from the point of view of wasting wealth, because there is no difference of opinion among the scholars on the prohibition of wasting wealth, whether it is thrown into the sea, burned or otherwise, from the point of view of destroying property.

3. Intoxication of the Gaze is Common to Man

So if a person consumes a certain amount of it, it will not harm him because he is accustomed to it, but that amount will harm others, so is it not haraam for him? Or is the yardstick to be taken to be the general population? So it is still haraam even if it does not harm him. So the view that is closer to the truth is that it is generally accepted.

CHAPTER THEFT

(Fasal) explains the rulings on cutting off the limbs of thieves.

Sarigah etymologically means to take property secretly.

Meanwhile, terminologically, the law is taking property secretly in a wrongful manner from its hirzi mitsli (place of storage of similar goods).

The thief’s hand is entitled to be cut off on three conditions. In some of the wording of the Book of Matan, “on six conditions”. That is, the thief must have reached the age of puberty, be of sound mind, and have acted voluntarily, whether he is a Muslim or a kafir dzimmi.

Therefore, it is not permissible to cut off the hands of a child, a lunatic, or a person under duress.

The hands of Muslims and disbelievers have the right to be cut off for stealing the property of Muslims or disbelievers.

As for the mu’ahad disbeliever, then there is no ruling on cutting off his hand according to the opinion of al adhhar.

What has been mentioned above is the condition of the person who steals. The Author mentions the requirement of cutting off the hand in terms of the item stolen in his words,

The one who steals goods that have reached the nisaab sarigah, the value of which has reached one-quarter of a dinar, i.e. a pure dinar that has been minted, or steals goods mixed with gold, the value of which has reached one-quarter of a dinar that has been minted, or the value of which has reached one-quarter of a dinar that has been minted, from the storeroom of his neighbor’s goods.

If the stolen item is in a free area (shahra’), mosque, or street, then it is essential that care is taken when guarding it.

If the item being stolen is inside a building such as a house, then it is sufficient to keep a watchful eye on one’s neighbor’s belongings.

Clothes and items that a person places nearby in a free area, for example, if he or she: watches by looking at them from time to time, and there is no crowding, then they are considered to be in their proper place of custody.

 If this is not the case, then it has not been maintained in its proper place.

The condition of the watcher is that he is able to prevent the thief. One of the conditions of the stolen property is that the “Author” mentions in his words: The thief has no right of ownership and there is no doubt in the property of the one who stole it.

So there is no hand cutting for stealing the property of the thief’s parents and children, nor for a slave stealing his master’s property.

The thief’s right hand was cut off from the wrist joint after separating it with a hard-drawn rope.

The right hand was cut off on the first theft.

Then, if the second offender steals after his right hand is cut off, then his left foot is cut off with a sharp iron once after separating it from the joint of the sole of the foot.

Then, if he steals for the third time, then his left hand is cut off after separating it from the joint.

Then if he steals for the fourth time, his right foot shall be cut off after separating it from the joint of the sole of the foot as was done with his left foot.” The place where the cut was made is put into zait or boiling oil.

Then if after that, i.e. after the fourth time, he steals again, then he is entitled to be punished. Some say that he should be put to death slowly.

The hadith that explains the order to kill the thief on the fifth theft has been abrogated.

MUHIMMAT IN THE CHAPTER ON THEFT

1. Storage of Assets Restored to Custom

Anything for which there is no ruling from the Shari’ah or the Arabic lexicon is subject to urf (custom), such as the storage of property in the case of theft, which obviously varies according to the different property, circumstances and times, situations and conditions.

2. Sarigah is Haggullah and Haggul Adam,

Description: A general right that relates to the rights of Allah and the rights of people is theft. The obligation to cut off the hand for stealing is one of the pure rights of Allah, while the obligation to compensate for the stolen property is one of the pure rights of people.

STREET BEGAL CHAPTER

(Fasal) explains the rulings of gathi’ ath harig.

 It is so called because people are reluctant to cross the road because they are afraid of it. Oathi’ ath tharig is a mukallaf Muslim who has power.

It is not required to be ‘male or more than one’. The language “gathi’ ath tharig” excludes muggers who target the rear of the group and rely on running.

Qathi’ ath thariq has four parts.

The first is mentioned in the words of the Author, “if they (the thieves) . kill a worthy person, i.e. intentionally and wrongfully, and do not take property, then they should be put to death.

And if they kill unintentionally, shibh “amdin or kill people, who are not commensurate, then they are not punished with death.

The second is mentioned in the words of the Author, “if they kill and – take property, i.e. property that reaches the nishab sarigah or more, then they should be put to death and crucified on a tree and . others, but after they have been washed, shrouded and prayed for.

The third is mentioned in the words of the Author, “If they take property and do not kill, i.e. take property that reaches the nishab sarigah or more from the proper place of guarding and there is no element of shubhat for them in the property, then their hands and feet are cut off alternately, i.e. first their right hand and left foot are cut off. If they do it again, then their left hand and right foot shall be cut off.

If there is no right hand or left foot, then it is sufficient to use what is available according to the view of al ashah. The fourth is mentioned in the words

The Author, “if they only frighten: If they only frighten passers-by on the road without taking property from them and do not kill anyone, then they are to be imprisoned in a place other than their own and punished, i.e. the imam imprisons and punishes them.

If any of them repents before being caught by the imam, then the punishments of hadd punishment are waived from him, namely the special punishment of gathi’ ath tharig.

This punishment is the obligation to kill, crucify, cut off the hands and feet. And other haddams that are due to Allah, such as adultery and stealing, are not waived after repentance.

From the words of the Author, “the rights with the son of Adam such as those related to gishash, had gadzaf, and returning property, are taken back,” it can be understood that in fact all these forms of rights cannot be waived from “gathi’ ath thari because he has repented, and “the correct law is so.

MUHIMMAT IN THE STREET BEGAL CHAPTER

Airplane Hijacking and Hostage Taking

Some of the kinds of street gangs today are hostage-taking and airplane hijacking.

CHAPTER SHIYAL

(Fasal) explains the rulings on shiyal and the damage done by animals.

If a person is about to harm his body, wealth or woman, such as if someone wants to harm him by killing him, taking a little of his wealth or defiling his woman, then he defends himself, his wealth or his woman, and he kills the person who did that in order to ward off his evil, then he is not obliged to compensate him with ‘gssnash, dryat or expiation.

 If a person rides a riding animal, whether he owns it, borrows it, rents it or hires it, then he is obliged to compensate for the damage done by his riding animal.

Whether the damage is with the front foot, back foot or something else.

If his riding animal urinates or defecates on the road, then it causes damage to life or property, then he does not have to compensate for that.

MUHIMMAT IN CHAPTER SHIYAL

It is Okay to Retaliate to Other People’s Abuse

If a person reviles another person, it is permissible for him to revile him in kind, so long as the reviling does not involve accusations of adultery or cursing.

CHAPTER ON REBELLION

(Fasal) explains the rulings on bughat.

Bughat is a group of Muslims who oppose a just Imam.

The mufrad form of the word “bughat” is “baghin” from the masdar “al baghyi” which means to do wrong.

The rebels have the right to be fought, i.e. the Imam has the right to fight them on three conditions.

The phrase “yugatalu” is pronounced with fathah on the letter before the last one. One of them is that they have power.

They are described as having the ability to attack with force, an army and a leader whom they obey, even if that leader is not the one they have appointed as their imam.

When it comes to returning them to obey the legitimate government, the just imam needs to go to great lengths by ‘incurring expenses and mobilizing troops.

So if the rebels are only a handful of people who are easy to subdue, then they are not called bughat. Secondly, they came out of the rule of the just imam.

Sometimes it is by disobeying them, or preventing the rights that are due to them. Whether that right is in the form of wealth or something else such as hadith and gishash.

Their third, bughat, has a basic reason, which is still acceptable as expressed by some of the ashhab.

Like the claim of the Shiffinites for the life of Sayidina ‘Uthman Ra because they believed that Sayidina ‘Ali Ra knew the person who killed Sayidina ‘Uthman.

So, if their reasoning is confirmed to be wrong, then their reasoning cannot be regarded as such, and they are the ones who oppose the truth.

For the imam it is not permissible to fight bughat except after sending someone “who is trustworthy and intelligent to them to ask them what exactly they are displeased with.

Then, if they tell the messenger some form of injustice that is the cause of their disobedience to the imam, then the imam must remove it.

And if they do not mention anything, or they still do not return to obedience after the form of injustice has been removed, then the priest advises them, then informs them that they will be fought.

Captives of the bughat should not be killed.

However, if a just person kills him, then gishas is not applicable to him according to the view of al ashah.

No captive of theirs should be released even if it is a child or a woman unless the battle is over and their armies are scattered. ” Unless their captives submit of their own accord by following the Imam.

And their property should not be plundered.

Their weapons and vehicles were returned to them after the battle was over and their attack was deemed safe because they were scattered or had returned to obey the priest.

They should not be fought with heavy weapons such as fire and mines. Unless it is an emergency, they may be fought with these weapons just as if they were fighting us with these weapons or besieging us.

Their wounded should not be killed outright. Tadzfif is to complete the killing and speed it up.

MUHIMMAT IN CHAPTER BUGHAT (REBELS)

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1. Evidence for the Haram of Rebels

The ruling on rebelling against the imam is haram, based on the Prophet’s words: Whoever removes his hand from obeying his Imam will come on the Day of Resurrection without any argument to justify himself. And whoever dies separating himself from the congregation of Muslims dies as if he had died in the days of ignorance.

2. Government & All Levels of Society Must Stop Bughot

It is obligatory for the imam or ruler to fight the rebels on the basis of the consensus of the sahabah, and it is also obligatory for the Muslims who are close to them to assist the imam in fighting the rebels, so that their power is weakened.

3. The difference between fighting polytheists and bughots

Bughot are those who break away from the “rule of the Imam, with the aim of removing the Imam or refusing to obey him, or they refuse to fulfill obligations, with a good reason. It is for this good reason that they are distinguished from the kafir harbi (infidels who must be fought).

4. Fasiq Imam is Still Haram to Rebel

According to the correct view of the four madhhabs (Hanafi, Maliki, Shafi’i and Hanbali) and the Shi’ah Zaidiyah madhhab: It is haraam to leave the legitimate government, even if it is ruled by a despotic ruler, even if one leaves in the name of commanding the good and forbidding the evil.

CHAPTER MURTAD

(Fasal) explains the laws of apostasy.

Apostasy is the worst form of disbelief.

The etymological meaning of apostasy is to return from something to something else.

In terminological terms, it means breaking Islam by intention, speech or disbelief, such as bowing down to an idol. All of this, whether on the basis of disdain, defiance or disbelief, such as those who believe that the Creator has just arrived. –

Whoever apostatizes from Islam, male or female, such as one who denies the existence of Allah, denies one of the messengers of Allah, or makes lawful things that are forbidden by consensus, such as adultery and drinking alcohol, or makes lawful things forbidden by consensus, such as marriage and buying and selling, must repent immediately, according to the scholarly consensus in these two cases.

The mugabil al ashah (comparative opinion) in the first case is that it is Sunnah for this person to repent.

And in the second case, the person is actually given a period of three days.

If the person wants to repent by returning to Islam by pledging himself by saying the two sentences of the shahada in an orderly manner by saying faith in Allah first and then in His messenger.

So, if he reverses it (saying that he believes in the Prophet (peace and blessings of Allaah be upon him), then his shahada is not valid, as stated by Imaam Nawawi in Sharh al Muhadzdzab in his definition of the intention of wudoo’.

Otherwise, if the apostate does not repent, then he has the right to be killed, i.e. the imam kills him if he is a free man by cutting his throat, not by burning him and his neighbor. So if someone other than the imam kills the apostate, then he is liable to be punished.

And if the apostate is a slave, it is permissible for his master to kill him according to the view of the ashah. Then the author mentions the ruling on washing the apostate and others in his words,

The apostate does not have to be washed, offered funeral prayers or buried in a Muslim cemetery.

MUHIMMAT IN THE CHAPTER ON APOSTASY

The Law of Speech of the JIL (Liberal Islamic Network).

Some of the words that constitute abuse of Islam are cursing and reviling the religion of Islam. Similarly, some of the worst words are: “Islam is a stagnant religion, because it does not give freedom to a woman, and is oppressive to her”. Such words do not come out except from an ignorant person or someone who has a disdain for the religion of Islam.

CHAPTER OF THE ONE WHO ABANDONS PRAYER

In addition to the Author mentioning the ruling of tarikus salat (those who neglect prayer) in the matter of ubudiyah (worship). Whereas the Author mentions it here, he says:

(Fasal) The one who omits the known prayers is of two kinds, and can be directed towards the omission of only one of the five daily prayers.

For example, if a person does not pray and he is a mukallaf and does not believe that prayer is obligatory, then the ruling on him is that he is an apostate, and the ruling has just been explained.

The second is that if a person does not pray out of laziness until the time for prayer has passed, but he still fulfills his obligation, then this person is told to repent.

So, if he wants to repent and pray, -then the ruling is clear-.

And this is an explanation of how to repent. Otherwise, if he does not repent, then he has the right to be killed as a punishment for haraam, not for kufr.

This person comes under Islamic rulings with regard to being buried in a Muslim cemetery, and it is not permissible to remove his grave.

MUHIMMAT IN THE CHAPTER ON LEAVING THE PRAYER

1. It is Obligatory to Kill the Guardian Who Abandons Prayer

Description: Imam al-Ghozali said: If a person claims to be a wali, but he abrogates the obligation to pray or legalizes drinking alcohol, then he must be killed, even though there is no consensus of opinion on the ruling of going to Hell forever for him. Even killing one of them is better than killing a thousand disbelievers, because the danger is greater.

2. Scholarly disagreement on the kafir status of the one who fails to pray

The scholars differed concerning the one who abandons prayer (believing it to be obligatory):

1. According to the Shafi’i and Malik madhhabs: His blood is lawful and he may be killed, but he is not considered a kaafir.

2. Madhhab of Abi Hanifah and Imam al-Muzani: His blood is guaranteed and he should not be killed, but he should be beaten for every missed obligatory prayer, as a form of ta’zir and teaching manners.

3. Ahmad ibn Hanbal, Imam Ishag ibn Rahawih: He is regarded as a disbeliever in the same way as the one who denies that prayer is obligatory, and the rulings of disbelief apply to him.

BOOK ON THE RULINGS OF JIHAD

The law of jihad during the Prophet’s time after hijrah was fardlu kifayah (collective obligation).

As for after his time, the disbelievers have two states. One is that they are in their own region.

So the ruling on jihad is fardiu kifayah for Muslims in every year.

So, when there is someone who does it and he is able to fulfill it, then the ruling of sin is waived for the others. Secondly, if the Kuffar enter one of the Muslim areas, or they are near that area, then in that case, the ruling of jihad is fardlu ‘ain (an individual obligation) for the Muslims.

Thus, the people of the area are obliged to resist the infidels with whatever they can.

The conditions for the obligation of jihad are seven.

The first is Islam, so jihad is not obligatory for disbelievers.

The second is puberty, so jihad is not obligatory for young children.

The third is to be of sound mind, so jihad is not obligatory for the insane.

The fourth is freedom, so jihad is not obligatory for a slave even if his master orders it, and even if he is a muba’adl slave. And it is not obligatory for mudabbar slaves and mukatab slaves.

The fifth is male, so jihad is not obligatory for women and “khuntsa musykil” (transsexuals whose gender is still unclear).

The sixth is health, so jihad is not obligatory for a sick person who is unable to fight and ride except by enduring severe hardship such as a persistent fever.

The seventh is being able to fight so that jihad is not obligatory for someone whose hand is cut off, for example, and it is not obligatory for someone who does not find / have provisions for fighting such as weapons, vehicles and nafagah.

The captives of the infidels were of two groups:

One group is the group for whom the imam has no right to choose a policy; rather, they immediately become slaves with the captivity. In some redactions of the Book of Matan, the word “yashiru” is used instead of “yakunu”. They are the children and women, i.e. the children and women of the disbelievers.

The khuntsa/waria and the insane are equated with them. “

The words “the disbelievers” exclude the Muslim women. This is because captivity is not applicable to the Muslims. And one group is the group that does not immediately become slaves with the captivity.

They are the original disbelievers who are male, pubescent, free and intelligent. | It is permissible for the imam to choose a policy for them between four things:

One of them is killing by cutting the throat not by burning and drowning for example.

The second is to make slaves. The ruling on them after they have been made slaves is like the ruling on the treasures of the ghanimah (spoils of war). “The third is to grant them grace by freeing their way. The fourth is to ask for ransom, either with money or with men, i.e. with captives from the Muslims.

Their ransom is like any other booty. v One disbeliever may be ransomed for one or more Muslims, and several disbelievers may be ransomed for one Muslim. In all these cases, the imam does what is beneficial to the Muslims.

So, if what is more beneficial is unclear to the Imam, then he holds the captives until it is clear to him which is most beneficial and then he does so. With my explanation of “genuine disbelievers”, excluding non-native disbelievers such as apostates, the Imam demands that they convert to Islam. So, if they refused to do so, the Imam killed them.

If the kuffaar convert to Islam before they are captured, i.e. captured by the imam, then their wealth, lives and small children should be protected from captivity. These young children are deemed to be Muslim because of the Islam of their parents, because they follow them, unlike children who have reached puberty, whose parents’ Islam does not protect them, and the Islam of their grandparents protects their young grandchildren.

The Islam of a pagan man cannot protect his wife from the right to be a slave even if she is pregnant.

Thus, when the wife becomes a slave, her marital status is immediately terminated.

A child becomes Islamic when there are three reasons.

If one of the parents converts to Islam, then the child becomes Muslim by following his parents.

As for a child who reaches the age of puberty while insane, or reaches the age of reason but then becomes insane, then he is like a child.

The second reason is mentioned in the words of the Author, “or the child is taken captive by the Muslims when he is not with his parents”. So, if the child is taken captive with one of his parents, then the child does not follow the religion of the one who took him captive.

What is meant by the child being with one of his parents is that they are in the same army and the same ghanimah, not necessarily that the one who has them is the same person.

If the child is taken captive by a disbeliever and he brings the child to a Muslim area, then the child does not become Muslim according to the correct view.

The child even follows the religion of the person who took him captive.

The third reason is mentioned in the words of the author, “or a child who is found abandoned in an Islamic area, even if there are kafir dzimmi residents there. In that case, the child is indeed a Muslim.”

The same applies – the ruling is Muslim – if the child is found abandoned in a disbelieving area where there are Muslim residents.

MUHIMMAT IN THE CHAPTER ON JIHAD

1. Muslims Must Learn Weapons of War

Muslims are obliged to learn about the various weapons of war based on the words of Allah, the Almighty: “and prepare against them whatever force you can”. And the Messenger of Allah (saw) interpreted the word “al-Quwwah” with his saying: “Remember that al-Guwwah is ar-ramyu”. The word ar-ramyu in the present context includes all forms of weapons of war.

2. Definition of Jihad

The word al-Jihad according to the Islamic Shari’ah thermonolgy is: To do everything possible to establish an Islamic society and to uphold the word of Allah, which is the most honorable, and to implement the Shari’ah of Allah in all parts of the world.

CHAPTER SALAB & SPOILS OF WAR

(Fasal!) in explaining the rulings of salab and the distribution of ghanimah.

Whoever kills one of the disbelievers is entitled to the wealth of the disbeliever’s salab. The word “solab” is pronounced with the lam in fathah.

Provided that the person who kills is a Muslim, male or female, free or slave, whether or not the imam has prescribed the salab.

Salab is the clothing worn by the slain, the muzah shoes, ar ran, which are barefoot muzah shoes, worn on the calves only (socks), war equipment, the vehicle on which he fought or had control, the saddle, reins, riding cover, bracelets, necklaces, belts used to bind the abdomen, rings, nafagah provisions that were with him, and the leading horse that was with him.

The killer can only be entitled to the salab of the disbeliever when he did something harmful to himself in killing the disbeliever during battle.

If by doing so he is able to withstand the harm of the disbeliever.

Thus, if he kills the disbeliever while the disbeliever is in a state of “captivity, sleep, or ja kills him after the disbeliever’s army has fled, then he is not entitled to the disbeliever’s fault.

Preventing the harm of the disbeliever is to remove his power, such as blinding his eyes, cutting off his hands or legs. Ghanimah etymologically is taken from the lafadz “al ghanmi” which means profit / profit.

As for the terminological law, it is the property that the Muslims get from the harbi infidels by fighting and deploying horsemen or camels. sd With the statement “harbi infidels”, excluding the property that is produced from apostates, then it is actually fai’ property, not ‘ghanimah’.

After that, after removing the salab from the ghanimah, the ghanimah is divided into fifths.

Four-fifths, of the immovable and movable property, is given to those who were present on the battlefield, from those who took part in seizing the property with the intention of fighting even if they did not fight with the troops.

The same applies to one who did not come with the intention of fighting, but he joined the war according to the view of al-adhhar.

There is no share for those present after the battle is over.

Three parts are given to the cavalryman who comes to the battlefield and he is among those who fulfill the conditions of fighting, using a horse prepared for fighting, whether he actually has time to fight or not.

Two parts were given for his horses and one part for himself. Only one horse was given even though he brought many horses.

For the foot soldiers, i.e. the troops who fought on foot, then get one share. Those who are given a share of the ghanimah are only those who fulfill five conditions, namely 1islam, 2baligh, 3reasonable, 4independent and male.

If one of the conditions is not met, then he is only given radlukh (gratuity/bonus) and not given sahmun (share).

The one who is not eligible is either a child, a “madman, a slave, a woman or a kafir dzimmi.

Ar radikh is etymologically a small gift. And in legal terminology it is something that is below the share given to the foot soldiers.

The imam exercised ijtihad in determining the size of the gratuity at his discretion.

So the priest gave more to those who fought than those who did not, and more to those who fought more than those who fought less.

The place where the gratuity is taken is four-fifths according to the opinion of al-adhhar. And according to the second opinion, the place of the gratuity is the entire ghanimah.

The one-fifth that remained after the previous four fifths was divided into five sahms (parts) One part was given to the Prophet. It was his right when he was alive.

Then after his death, it is allocated to benefits that are related to the Muslims, such as the qadli who are the jurists in the regions.

As for the qadli-qadli war troops, then given razgu / salary of the fourth part of a fifth as expressed by Imam al Mawardi and others.

And like the guarding of the tsughur, ya’nit the places of concern, which are the areas of the borders of the Muslim territories that connect to the interior of our territories.

What is required is to guard the ats tsughur with troops and equipment.

The most important interests should come first, then the less important ones.

One part – out of one-fifth – belongs to those who are related, namely the relatives of the Messenger of Allah (saw).

They were Bani Hashim and Bani Muthallib.

The share applies equally to men, women, the rich and the poor among them.

The men are given double the women’s share. ” One share belongs to the orphans of the Muslims.

The word “al yatama” is the jamaic form of the word “orphan”. An orphan is a young child who has no father.

Whether the child is a boy or a girl, whether he has a grandfather or not, whether his father was killed in battle or not. But it is required that he be a fagir child.

One part belongs to the poor and one part to ibn sabil (the traveler). And both have been explained almost as close as the KITAB OF THE PRAYER.

MUHIMMAT IN CHAPTER SALAB & GHANIMAH

Definition of Al-Mashalihul ‘Ammah One of the Objects of Ghanimah Allocation

Al-Mashalihul ‘Ammah is every matter that contains benefits or benefits to Muslims, such as shelters, madrasas, road repairs, scholars of shara’ knowledge, mosque construction, and bridge construction.

CHAPTER FAI’

(Fasal) explains the distribution of foi’ property to the entitled persons.

Fai’ is etymologically derived from the word “fa’a Idza raja’a” (to return when one returns).

Later it was used to denote the return of wealth from the disbelievers to the Muslims.

Whereas terminologically the law is the property generated from the disbelievers without warfare, and without mobilizing horses and camels such as the jizyah / tax and one tenth of the merchandise.

The fai’ was distributed to five groups. One-fifth, what the Author intends is for one-fifth of the fai’ to be given/allocated to the people, i.e. the five groups who were given one-fifth of the ghanimah.

The five classes just now. have been explained.

Four-fifths of the fai’ is given to the mugatilah (soldiers).

They are soldiers who have been appointed by the imam for jihad, and their names have been entered in the state ledger after they fulfill the criteria of Islam, mukallaf, freedom and health.

The Imam distributed the four-fifths to them according to their needs.

So the imam examines the circumstances of each soldier and the family that he is obliged to provide for and what is sufficient for them.

So the imam provides for their needs in the form of maintenance, clothing, and so on.

In the measure of needs, the priest must also pay attention to the time, place, when the price of needs is cheap and when it is expensive.

With the phrase “and allocate it for the benefit of the Muslims”, the author indicates that it is permissible for the imam to allocate the surplus from the needs of the army for the benefit of the Muslims, whether it is repairing fortifications, ats tsughur, buying weapons and horses according to the sound opinion.

MUHIMMAT IN THE CHAPTER OF FAI!’

Legal Engineering to Avoid Paying Taxes

Some of the mistakes are: the majority of people believe that it is permissible to take something that is dedicated to the state/government. And some people do things to avoid paying taxes (customs duties) to the government, and they believe that this is permissible.

CHAPTER JIZYAH

(Fasal) explains the rulings of the jizyah.

Jizyah is etymologically the name of a kharraj (tax) imposed on the kafirs of the dhimmah.

 It is called so because the jizyah actually protects their lives. Meanwhile, terminologically, the law is a property that is agreed upon by the disbelievers with a certain contract.

The jizyah contract must be executed by an imam or his assistant with no time limit.

So the imam says: “I allow you to settle in Islamic lands other than the Hijaz”, or “I give you permission to settle in Islamic lands on condition that you pay the jizyah and submit to Islamic law.”

If a disbeliever starts with the imam by saying, “assign me ‘in the region of Islam'”, then that is sufficient.

There are five conditions for the jizyah obligation:

The first is puberty, so there is no obligation to pay jizyah for a child. The second is being of sound mind, so there is no jizyah obligation for a lunatic whose insanity persists.

So, if his madness is intermittent for a short period of time, such as one hour in a month, then he must pay the jizyah.

Or his insanity was intermittent for more than the above period, such as being insane for one day and recovering from it for another day, then the time of recovery should be added up, and if it reaches one year, then he must pay the jizyah for one year.

The third is freedom. So there is no jizyah obligation for a slave, nor is it obligatory for his master – on behalf of the slave -. The mukatab, mudabbar and muba’ adi slaves are ruled like pure slaves.

The fourth is male. So there is no jizyah obligation for women and khuntsa/waria. Then, if it is obvious that they are male, then the jizyah for the years that have passed must be taken from the khuntsa/waria, as discussed by Imam an Nawawi in the addition to the book ar “Raudlah”, and confirmed by him in the book syarh al Muhadzdzab.

Fifth, the people who are subject to the jizyah are the people of the book such as Jews and Christians, or people who have a doubt about the book.

The jizyah is also applied to the descendants of those who followed Judaism or Christianity before their books were corrupted, or we (the Shafi’i scholars) have doubts about the timing of their parents’ conversion.

The jizyah is also applied to people whose one parent is an idol worshipper and the other a kafir kitabi.

And for those who think that they are holding on to the book of the Shuhuf of Prophet Abraham that was revealed to him or the book of Zabur that was revealed to Prophet Dawud.

The minimum amount of jizyah required of each disbeliever is one dinar (4.2 gr) – annually, and there is no maximum amount.

It is mustahabb for the imam to bargain with the person with whom he is making the jizyah contract.

If this is the case, then it is Sunnah for the imam to bid two dinars (8.50 grams) from a person of average economic status, and four dinars (17 grams) from a rich person, if each of them is not a fool.

So, if they are saints, then the imam does not bargain with the saint’s guardian.

The reference point for the middle class and the rich is at the end of the year. When making peace with the disbelievers in a non-Islamic area, it is mustahabb for the imam to stipulate that they should entertain the Muslims who are staying in their area, whether they are jihadis or not, with food that is not included in the minimum amount of jizyah, which is one dinar (4.25 grams) per year, if they are willing to do so.

Once the jizyah contract is valid, it contains four things:

One of them, they must pay jizyah. The jizyah is to be taken from them in a good manner as stated by the majority of scholars, not in an insulting or demeaning manner. Secondly, the laws of Islam apply to them.

So, they are obliged to compensate for the Muslims’ property that they have damaged either life or property.

If they do something that they believe to be haram such as adultery, then they are “entitled to the hadd punishment.

Thirdly, they should not mention Islam except in good terms.

Fourthly, they should not do anything that would harm the Muslims.

This is the case with those who hide those who seek out the weaknesses of Muslims and reveal them to the kafir harbis. Once the jizyah contract is valid, the Muslims are obliged to protect the lives and property of the dhimmi kuffar.

If they are in our area or in a neighboring area, then it is obligatory for us to protect them from the harbi. They are identified by the use of al ghiyar. The words “al ghiyar”

by reading the kasrah of the letter ghainnya which is given a dot above.

Al ghiyar is changing one’s clothes by having the dziimmi sew something on one’s clothes that is different from the color of one’s clothes, and that something is placed on the shoulders.

For the Jews the better color is yellow, and for the Christians the better color is gray and for the Magi/fire worshipers the better colors are black and red.

The Author’s phrase, “given an identifying mark”, is also expressed in the book of ar Raudiah because it follows the original book of ar Raudiah.

However, in al Minhaj, he states etymologically, “and he, ya’nio the disbeliever dzimmi is ruled.”

From this statement by Imam Nawawi, it is not clear whether the command is obligatory or mustahabb (recommended), but the indications from the statement of the majority of the Shafi’i scholars are that it is the former.

The Author attributes the words, “and binds az zunar'” to the phrase “al ghiyar.”

Az zunar using the letter za’ with a dot above is a large rope that is tied around the abdomen over the garment, and it is not sufficient to put it under the garment.

They are not allowed to ride good or bad horses.

They are not forbidden to ride donkeys even if they are good.

They are forbidden to listen to speech

kufr to the Muslims, such as their saying, “Allahu stalitsu tsalatsah SWT (Allah is one of the three gods)”. And indeed Allah is cleansed from all of that with great honor.

MUHIMMAT IN THE CHAPTER ON JIZYAH

1. Portrait of the Jizyah Law

An example of a jizyah contract is when an imam says: I have appointed you to live in the land of Islam for as long as you live, or until the revelation of the Prophet Jesus (peace be upon him) to collect a tax from you.

2. The pillars of Jizyah

The pillars of the jizyah contract are five: (1) The person making the jizyah contract (the imam or his assistant). (2) The person who accepts the jizyah contract (Kafir dzimmi). (3) The place of the jizyah contract. (4) The asset as compensation for the jizyah contract. (5) The form of the jizyah contract (ijab and qabul).

A BOOK ON THE RULINGS OF SACRIFICIAL GAME AND ANIMALS THAT ARE LAWFUL TO EAT

The phrase “ash shaid” is a masdar word which is used to mean isim maful, which is the phrase “al mashid” – meaning the animal that is hunted.

Animals, i.e. land animals that are lawful to eat when they are easy to slaughter,” are slaughtered on the halg, which is the upper part of the neck, and on the labbah.

Labbah with lam in fathah and ba’ in dot, one and tashdid is the lower part of the neck.

Adz dzakah using the letter dzal with a dot on top, its etymological meaning is to make delicious, because in slaughtering there is an element of making delicious the meat of the slaughtered animal.

Whereas terminologically the law is to stop al hararah al ghariziyah (life) in a certain way.

As for water animals that are permissible to eat, they are permissible without slaughtering them according to the view of al ashah.

Animals that are not easy to slaughter, such as a goat that is difficult to control or a camel that runs away, are slaughtered by means of ‘agruhu (wounding), by reciting the fathah of the ‘ain, with a form of wounding that can cause death quickly on any part that is easy to wound, namely on any part of the wound.

The perfection of slaughtering, in some wording of the Book of Matan, “in the process of slaughtering it is recommended” to do four things:

One of them is cutting the hulgum, by reading the letter ha’nya without a dot. Al hulgum is the muscle that passes the breath in and out.

The second one cuts al mari’ by fathoming the mim and using the hamzah at the end, and it is permissible to tashil the hamzah.

Al mari’ is the muscle that passes food and drink from the neck to the stomach. The position of al mari’ is below al hulgum.

All of the above must be slaughtered at once, not twice. If it is slaughtered twice, then the animal is haraam.

When there is something left of a/ hulgum and al mari’ – not cut off – then the ruling on the slaughtered animal is that it is not halal. The third and fourth are cutting al wadajain, using the letters waus and dal which read fathah. A/ wadajain is the tatsniyah form of the word “wadaj” with the dal reading fathah or kasrah.

Al wadajain are two muscles that are in the folds of the neck that include al hulgum.

What is sufficient for the slaughtering process is two things: cutting off the hulgum and ol mari’ only. It is not mustahabb to cut the part behind al wadajain. It is permissible to hunt, i.e. to eat an animal that has been hunted with any wild animal that has been trained.

In some of the Matan texts, the etymology is “from wild animals that hunt livestock”, such as panthers, leopards and dogs.

And hunting birds such as eagles and kings, in any part of Luke: which are caused by these animals or hunting birds.

Al jarihah is a word derived from the word “al jurh” which means hunting. The requirements for a trained animal, i.e. a hunting animal, are fourfold.

One of them is that the hunting animal has been trained so that when it is released by its owner, it will obey.

Secondly, when the animal is stopped, by reciting the diammah of the initial letter, i.e. stopped by the owner, then the animal obeys the command/stops.

Thirdly, when the hunter kills his quarry, he does not eat any part of it.

Fourthly, it has been repeatedly tested on the hunting animal, i.e. the four conditions have been repeatedly tested on the hunting animal, so there is a presumption that the hunting animal is well-trained. .

Tikrar (repeatedly) is not returned to the number but to the expert of the hunting beast.

– Then if one of these conditions is not met, the animal that was caught by the hunter is not halal to eat.

Unless the animal that the hunter has caught is found alive and he slaughters it, in which case it is permissible to eat it.

Then the author explains the means of slaughter in his words: It is permissible to slaughter with any object, i.e. with any sharp thing that can hurt, such as iron and bronze.

Apart from teeth, nails and other bones, it is not permissible to slaughter using these items.

Then the author describes the person who is authorized to slaughter it, saying: It is lawful to slaughter an animal that is slaughtered by any Muslim who has reached the age of puberty or puberty and is capable of slaughtering it.

And it is not permissible to slaughter the animals of any of the disbelievers, who are Jews or Christians. And it is permissible to slaughter animals of the insane or the drunk according to the opinion of al-adhar.

It is makrooh to slaughter a blind person.

It is not permissible to slaughter animals from the Magians, fire worshipers, idolaters and others who do not have the Book of Samowi in their religion.

The slaughter of the fetus – which is still in the womb of its mother – is sufficient, with the slaughter of the mother, so there is no need to slaughter it again.

This ruling applies if the fetus comes out dead or if it has a mustagirrah life.

Allahumma, unless the fetus is found alive with hayyat mustagirah after coming out of the mother’s womb, in which case it must be slaughtered.

Any part that is cut off from a living animal is a carcass,

Except for the fur, i.e. the fur that comes off of animals that are permissible to eat, in some of the redactions of the Book of Matan using the etymology, “except for the fur”, which is used for mats, clothing and so on.

MUHIMMAT IN ANIMAL SLAUGHTER CHAPTER

1. Slaughtering Twice

The sixth condition is that the slaughter is done once. If the slaughterer cuts the animal’s throat, then stops (does not continue slaughtering) and then completes the slaughter again, then the ruling is specified. If the second slaughtering is not generally regarded as a break from the first slaughtering, then it is stipulated that the animal must still have signs of life.

2. Purpose of Slaughtering Animals for Offerings

If a person slaughters an animal for the purpose of praying to Allah to avoid the evil of the jinn, then it is not haraam. But if it is done with the intention of the jinn, then it is haraam. If it is slaughtered for the purpose of worshiping the jinn, and not for the purpose of worshiping Allah, then it is haraam and becomes dead meat. But if it is for the purpose of worshiping the jinn, then it is kufr, as has already been stated.”

3. Machine Slaughtering is Halal and permissible, if the machine and the method of slaughtering meet the following conditions:

– The person who cuts has fulfilled the conditions of the person who cuts.

– The machine tool used is a sharp object that is not made of bone or nails etc.

– Intentionally slaughter the animal.

In slaughtering an animal, it is required that the animal or its kind be intentional with the action (the words intentional on the animal).

The tools used for slaughtering must be sharp, such as iron, bamboo, stone, tin, gold and silver, except (not allowed) with bones and nails. Based on the hadeeth of Sahih Bukhori and Muslim.

If the person who turns the power tool is someone who fulfills the conditions of a slaughterer, then his slaughter is halaal.

CHAPTER ON ANIMALS THAT ARE LAWFUL AND UNLAWFUL TO EAT

(Fasal/ explains the rulings on what is and is not permissible to eat.

Any animal that is considered palatable by the Arabs, i.e. the Arabs who are rich, have plenty of wealth, good character and are accustomed to eating “palatable food” is halal.

With the exception of animals that have been forbidden by sharee’ah, it is not up to them to judge.

Any animal that is considered disgusting by Arabs is forbidden.

Unless an animal has been made permissible by sharee’ah, then it is not haram. It is forbidden to eat animals that have fangs, i.e. strong teeth that are used to bite other animals such as tigers and leopards.

It is haraam for a bird to have claws – the word “mikhlab” reads kasrah for the mim and fathah for the lam – meaning strong nails that are used to injure, such as eagles, eagles and black eagles.

For the one who is a mudithar, i.e. someone who fears that something dangerous will happen if he does not eat, when he is in distress, whether he fears death, serious sickness, increased sickness, or being left behind by his companions, and he cannot find halaal food that he can eat, then it is permissible for him to eat carrion in a measure that is sufficient to save his life.

We (the Shafi’i scholars) have two carcasses that are permissible to eat, namely the carcasses of fish and locusts.

And we have two bloods that are lawful to eat, the heart and the spleen.

From the author’s explanation and the explanation above, it is known that animals are divided into three, one of which is an animal that is not lawful to eat. Therefore, whether they are slaughtered or carcasses, the ruling is the same.

The second is an animal that can be eaten, but it is not permissible to eat it unless it is slaughtered in a shar’i manner.

The third is animals whose carcasses are lawful to eat such as fish and locusts.

MUHIMMAT IN THE CHAPTER ON ANIMALS THAT ARE HALAL AND HARAM TO EAT

1. Solution to the Haram of Carcasses that Do Not Flow Blood

The ruling on carcasses that have no blood flowing from them is khilafah: 1 Unclean. 2. Sacred according to Imam Oofal, Imam Malik and Imam Abu Hanifah.

2. How to Slaughter a Slithering Animal

The act of killing is the slaughtering of animals whose blood does not flow in any way, such as: by roasting, cutting with a bite, hitting with a stick and so on. The four types of slaughter above are required to mention the name of Allah SWT for Muslims who remember and are able, if they forget or are unable to say it, such as a mute person, then it is permissible to eat the slaughter.

3. Solution to the Unlawfulness of Rats and Snakes

According to Imam Malik, it is makrooh to eat creeping animals on the earth, such as rats. He also issued a fatwa on the permissibility of eating turi rats and snakes as long as they are slaughtered.

4. Haram or halal crickets

The ruling on crickets is haraam according to the most correct of the two versions of the Ashhaab. There is disagreement among the Ashhaab concerning the ruling on crickets: 1) Some of them equated them with locusts (halal). 2) Others equate them with cockroaches and flies (haram). This second opinion is clearer in evidence.

CHAPTER OF LABOR

(Fasal) explains the laws of sacrifice.

Al-Udhiyah, by reciting the hamzah, according to the most common opinion, is the name of the animal that is slaughtered on the day of Sacrifice and the day of At-Tashrig (11th, 12th, 13th, Dhul-Hijjah) in order to draw closer to Allah, the Almighty.

The ruling on al udhiyah is sunnah kifayah mu’akadah. :

So, when one of the residents of a house has done it, it is sufficient for all of them.

Al udhiyah cannot be obligatory except by vow.

The ones that can suffice in Al udhiyah are sheep that are one year old and two years old.

And the pea goat that is two years old and three years old. ‘s And the camel ats tsaniyah that is five years old and entering its sixth year. Usa And the cow ats tsaniyah that is two years old and has reached the age of three.

One camel is sufficient for seven people who sacrifice together on one camel.

Likewise, one cow is enough for seven people to sacrifice.

One goat is only enough for one person to sacrifice.

And one goat is better than sacrificing a camel together with others.

The most important sacrifice is camels, then cows and then goats.

There are four animals, in some editions of the Book – Matan using – the language, “arba’atun” that are not sufficient for sacrifice.

One of them is an animal that is blind in one eye that is clearly visible, although the eye is still intact according to the view of al ashah.

The second is a lame animal that has an obvious limp, even if the limp occurred while laying the animal on its side, because it was slaughtered during the sacrifice because of the movement of the animal.

The third is a sick animal that is obviously sick.

And it doesn’t matter if these things are just a few.

The fourth is al ‘ajfa’, which is an animal that is missing part of its brain because it is too thin.

It is sufficient to sacrifice a castrated animal, i.e. an animal that has had two testicles cut off, and an animal that has had its horns broken, if that does not affect the meat.

It is also sufficient to sacrifice an animal that does not have horns, and such an animal is called al jalja”.

It is not sufficient to offer a sacrifice with an animal that has been cut off – all of its ears, part of it or born without ears.  And it is not sufficient to sacrifice an animal that has had all or part of its tail cut off.

The time for slaughtering the sacrifice starts from the time of the Hari Raya prayer, which is Hari Raya Kurban.

In the words of the book of ar Raudiah and the book of its origin, “the time for the sacrifice is entered when the sun rises on the day of the sacrifice and there has passed approximately enough time to perform two rak’ahs of prayer and two khutbahs that are done rather quickly.” The phraseology of the book of ar Raudlah and the book of origin has been completed.

The time for slaughtering the sacrificial animals remains until sunset at the end of the day of at-Tashreeq. The days of at-Tashreeh are the three days that follow on the tenth of Dhul-Hijjah.

It is recommended to do five things when performing qurbani, one of which is reciting the basmalah. It is Sunnah for the person slaughtering the animal to say “bismillah”. The most perfect is “bismillahirahmanirrahim”. If the slaughterer does not recite the basmalah, then the sacrificial animal that is slaughtered is halal.

The second is to recite salawat to the Prophet (peace be upon him).

It is disliked to collect between the name of Allah and the name of His Messenger.

The third is to face the sacrificial animal towards the qiblah.

The slaughterer faces the neck of the slaughtered animal towards the Qiblah. And he himself also faces the Qiblah.

The fourth is to recite takbir three times, either before or after reciting the basmalah, as explained by imam al Mawardi.

The fifth is to pray that it will be accepted by Allah Swt.

So the slaughterer says, “O Allah, this is from You and for You, so please accept it.” Ya’ni, “this sacrificial animal is a favor from You to me, and I draw near to You with this sacrificial animal, so accept this sacrificial animal from me.”

The person performing the sacrifice is not allowed to eat anything from the sacrifice that was offered,

Rather it is obligatory for him to give all the meat in charity. 4 Then, if he delays giving it in charity until it spoils, he must make up for it.

He is allowed to eat one-third of the sacrificial animal, which is Sunnah according to the Jadid view.

As for the other two-thirds, some say that it should be given in charity, and this was favored by Imam An-Nawawi in Tashhih at Tanbih.

It is said that he gave one-third of his meat to the rich Muslims and gave one-third in charity to the poor.

In his book ar Raudlah and his book of origin, imam an Nawawi does not favor either of these two opinions.

It is not permissible to sell, i.e. it is forbidden for the one who is offering the sacrifice to sell any part of the animal, such as its meat, fur or skin.

It is also haraam to use part of the sacrificial animal as a fee for the slaughterer, even if it is a Sunnah sacrifice.

It is obligatory to feed part of the udhiyah to the poor and the needy.

The best thing to do is to give in charity all but one or a few pieces of meat that the one who is offering the sacrifice eats, hoping for a blessing. This is mustahabb for him,

When he eats some of it and gives some of it in charity, he has gained the reward of sacrificing all of it and the reward of giving some of it in charity.

MUHIMMAT IN THE CHAPTER ON SACRIFICE

1. Slaughtering the Sacrificial Animal on the Day of Sacrifice

According to our madhhab (Shaafa’is) it is permissible to slaughter the udhiyah at night and during the day on permissible days, but it is makrooh to slaughter the udhiyah at night. Abu Haneefah, Ishag, Abu Tsaur and the majority of scholars agree with this view, which is the correct view according to Imam Ahmad. Imam Malik said that slaughtering the sacrificial animal at night does not qualify as a sacrifice, rather it is just mutton, which was narrated from Imam Ahmad.

2. Sacrificial meat is distributed after Tasyrig Day

If a person slaughters an animal on the days of sacrifice, then the days of sacrifice expire before the meat is distributed, then he should distribute the meat after the time for sacrifice has expired (after the day of tasyrig).

3. It is permissible to distribute qurbani meat outside the village

The place where the sacrifice is offered is the place where the person offering the sacrifice is staying, and there are two opinions concerning whether it is permissible or not to move the sacrifice to another place.

4. Sacrifice for Others, Whether Living or Deceased

If a person offers a sacrifice on behalf of another person without the permission of the person for whom the sacrifice is offered, then it is not valid. With regard to sacrificing on behalf of a deceased person, Abi Hasan al-Ubadf said that it is permissible, because it is part of a charity. The sacrifice on behalf of the deceased is valid and will benefit the deceased, and the reward will reach the deceased according to the consensus of the scholars.”

5. Sacrificing with Chickens and Geese

(Faidah) from Ibn ‘Abbas (may Allah be pleased with him): “It is sufficient to offer a sacrifice by drawing blood even from a rooster or a goose,” as stated by al-Maidani.

CHAPTER AQIQAH

(Fasal) explains the laws of agigah.

Agigah is etymologically the name of the hair on top of the head of a born child.

As for the terminological ruling, the author explains it in his words: “It is mustahabb for the child who is born.” The author explains the agigah in his words: “The agigah is an animal that is slaughtered for the sake of a baby who is born on the seventh day of the baby, i.e. on the seventh day of its birth.

The day of his birth is included in the seven days. -The mustahabbility continues even if the baby dies before the seventh day.

The mustahabbility of agigah is not lost by delaying it until after the seventh day. However, if the agigah is delayed until the child reaches puberty, then the ruling on agigah is waived for the one who performs the agigah on behalf of the child. As for the child himself, it is permissible to do the agigah for himself or not to do it.

It is recommended to slaughter two goats as agigah for boys, and to slaughter one goat for girls.

Some of the scholars said: “As for the child of a khuntsa/waria, it is permissible to equalize him with a boy or with a girl.” However, if it becomes clear that he is male, then it is mustahabb to make up the difference.

Agigah is multiplied because of the multiplication of children.

For those who perform the agigah, they must feed the fagir and the poor.

He cooks the agigah with sweet spices and gives it as a gift: to the fagir and the poor. And should not make the agigah an invitation event. And should not break its bones.

You should know that the age of the animal, and that it is free from any defect that may affect the meat, and that eating it, and giving some of it in charity, and that it is not permissible to sell it, and that it is obligatory because of a vow, is according to the ruling that has been explained in the section on sacrificial animals.

It is mustahabb to say the adhan in the right ear of the newborn and the igamah in his left ear.

It is also mustahabb to hanak (tickle: Javanese) the newborn using dried dates. So one chews the dates and rubs them on the inner palate of the baby’s mouth so that some of the dates enter his stomach.

Then, if you cannot find dried dates, then use wet dates, and if you cannot find any, then use something sweet.

And -it is mustahabb to name the baby on the seventh day of its birth.

It is permissible to name the baby before or after the seventh day.

If the baby dies before the seventh day, it is Sunnah to give him a name.

MUHIMMAT IN CHAPTER AOIOAH

1. Intention of Agigah and Qurbani.

If a person slaughters a sheep and he marks it as both a sacrifice and an agigoh, then it is sufficient for both, according to the view of al-Romli. But according to Ibn Hajar, they cannot enter into each other.

2. Agigah For Miscarried Baby

It is mustahabb to chase a miscarried child into which the soul has entered, according to what I have read in the two scholarly works al-Lrshad and al-‘Ubab, following the view of Az-Zarkashi. With regard to a child that has not been given a soul, it is like a jamid, and it will not be resurrected in the Hereafter and will not benefit anyone, so it is not mustahabb to chase it.

3, Agigah with Money

It is not a substitute for the agigoh and does not fulfill it, because the purpose of the agigoh is to worship Allah SWT by slaughtering animals.

4. Buy Meat For Agigah

Is it sufficient to buy meat instead of slaughtering the agigoh? Answer: Agigoh is not sufficient except by slaughtering one sheep for a girl, and two sheep for a boy.

BOOKS ON THE LAWS OF COMPETITION AND ARCHERY COMPETITIONS

Yes’ni by using arrows and the like.

It is valid to run a race using a riding animal. “This is in accordance with the original ruling.

It means to do a race using riding animals such as horses and camels without any discrepancies.

And by using elephants, bighals and donkeys according to the opinion of al-adzhar.

It is not permissible to have cattle races, sheep fights and rooster fights, whether there is an ‘iwad (reward) or not.

And the ruling on the validity of competing in arrows using arrows, if the distance, i.e. the distance between the place where the archer is shooting and the target being shot, is known.

And the rules of the competition are also understood, by the way the two people who do the archery competition explain the archery procedures. “Either gar’, in which the arrow hits the target and does not stay there. Or Khasag, where the arrow pierces the target and lands there. Or marg, where the arrow pierces the target.

You should know that the prize for a race is the money that is spent on the race.

Sometimes the ‘iwadl is issued by one of the two people doing the race, and sometimes it is issued by both of them together.

The Author mentions the former in his words,

The one who gives out the prize is one of the two people who are running the race, so when he beats the other one – the word “sabaga” is pronounced with fathah, and the letter sin – then he takes it back, i.e. the prize that he gave out.

If he is preceded by the word “subiga” by reciting the diammah of the first letter, then the prize is taken by the opponent who defeated him.

The Author explains the latter in his words,

If the reward is given by both of them together, i.e. two people competing, then it is not permissible, i.e. it is not valid if both of them give the reward unless they include a third person between them. The word “muhallil” should be read with the first lam in kasrah.

In some of the wording of the Book of Matan, the etymology is used, “unless there is a muhallil who participates between them.” So, if the muhallil beats each of the two people in the race, then he is entitled to take the prize. ! And if he is beaten by the word “subiga” with the initial letter diammah, then he does not give anything to either of them.

MUHIMMAT IN THE BOOK OF THE LAWS OF COMPETITIONS AND ARCHERY COMPETITIONS

1. Legal Status of Islamic Musabagah Gifts

Question: Participating in Islamic competitions where valuable prizes are given, are the prizes halal or haram? Answer: There is no sin in taking the prizes, which are donated by the government or other than the government, i.e. by generous donors, because these competitions encourage knowledge and memorization of the Qur’an.

2. Islamic Competition

Imam Ibn Oayyim said in his book al-Farusiyyah that the eleventh issue is a competition to memorize Qur’aan, hadith, fiqh and so on, from a number of useful sciences, and to get answers to various questions. Is it permissible to do that for a fee? According to the scholars of Imam Malik, Imam Ahmad and Imam al-Shaafa’i, it is not permissible, while according to the scholars of Imam Abi Haneefah it is permissible.