Friday, 25 July 2014

Bahaar-e-Shariat Volume 16 Blog Page 13

Laws of Jurisprudence

Law: To wear adequate clothing that covers the Satr-e-Awrat[1] and which protects one from the discomfort of the heat and cold is Fard, and to use more than that, whereby adornment is intended, and because Allah has bestowed this upon you, the aim is to show the Grace of Allah, then this is desirable. To wear good clothes on important occasions such on Jummah and on the Day of Eid is Mubah (Lawful). Such clothing should not be worn daily, as there is the possibility that it will make a person boastful and will cause one to look down on the less fortunate ones, who do not have such good clothing. Thus one should avoid this. Any clothing that is worn out of pride is disallowed. The method used to ascertain whether wearing anything is causing pride or not, is to check whether your condition (i.e. attitude) after wearing it is the same as it was before wearing it, or if it has changed. If it is the same, then wearing the clothes did not cause you any pride, and if wearing them causes a change in your attitude (i.e. brings about arrogance), then know that it is causing pride. Thus abstain from wearing such clothes (that cause this), as pride (Takab’bur) is an appalling quality. [Raddul Muhtar]
Law: It is better to make clothes from wool, cotton or fine linen, which is in accordance with the Sunnat. Neither should they be excessively extravagant, nor should they be of very poor quality, but they should be of standard quality, just as wearing very extravagant clothing causes egotism; wearing clothing of very poor quality is also a means of exhibition, as it causes people to raise their eyes (attracts attention). People start to think that this is a Saahib-e-Kamaal[2] and someone who is Taarik-e-Dunya[3]. It is best to wear white clothing as it has been mentioned in the Hadith. Black clothing is also fine, since Rasoolullah  wore a black Turban on his blessed head when entering Makkah on the Day of Fateh Makkah. Some kitaabs have mentioned that to wear green clothing is Sunnat. [Raddul Muhtar]
Law: It is Sunnat for the length of the extreme end of a garment to be up to halfway the shin and the maximum length of the sleeve is up to the knuckles of the fingers, and the width should be one span. [Raddul Muhtar]. Many Muslims today wear short pants (or loin cloths) instead of the full trouser. What is there to be said about it being impermissible? To have the knees exposed is Haraam. The kurta sleeves (shirts etc.) of many people are above their elbows. This too is Khilaaf-e-Sunnat, and both these types of clothing are worn in resemblance of the Christians. Wearing them is thus even more harmful. May Allah allow the Muslims to see the reality, so that they may abstain from emulating the unbelievers, and abstain from their ways and styles. The command which Hazrat Ameer-ul-Mo’mineen Farooq-e-A’zam رضی اللہ تعالٰی عنہ sent to his armed forces, amongst whom, most were Sahaba-e-Kiraam should be kept in mind by the Muslims and we should try to act upon this. The command was اِیَّاکُمْ وَزِیَّ الْاَعَاجِمِ
‘Abstain from the appearance of the Westerners’ (i.e. do not make your ways and style like theirs).
Law: Silk clothing is forbidden for men. Even if there is another piece of fabric (clothing) between the (silk) clothing and the body, it is Haraam in both conditions. It is Haraam to wear pure silk clothing even during war. However, if the warp[4] is cotton and the woof[5] is silk, then its use during war is permissible and if the warp is silk and the woof is cotton, then it is permissible for every person to use at every instance. Both a Muslim soldier and a non-Mujaahid may wear it. To wear such clothing during war, where the woof is silk, is only permissible when the clothing is thick. If it is thin, then it is impermissible, since the benefit that was to be derived from it, would not be attained in this case. [Hidaya, Durr-e-Mukhtar]
Law: If the warp is silk and the woof is cotton, but the garment has been made in such a manner that only the silk is visible (i.e. it looks like a complete silk garment), then to wear it is Makruh. [Alamgiri] There are also certain types of fluffy velvet fabrics that are made from silk. The same rule applies to wearing these. Hats and waistcoats etc. made form this should not be worn.
Law: It is disallowed to sit or sleep on silk bedding. To use it as a pillow is also disallowed, even though compared to this, wearing it is more wrongful. [Alamgiri]. Durr-e-Mukhtar has mentioned this to be contrary to what is well-known, and that which is evident is that it is permissible. Tussore[6] is the name of a type of silk. Fabric from Bhagalpur is usually called tussore. It is a very thick (coarse) silk. The ruling regarding this is the same as that of fine silk. Kashi Silk[7] and Cheena Silk[8] are actually both silks. The ruling regarding wearing these is the same. The sun and ram baas[9] are both fabrics which appear to be silk. Even though wearing these fabrics is not in the same ruling as wearing silk, but one should refrain from wearing them, especially the Ulama as it will give people the opportunity of being suspicious or it could give others the excuse to wear silk clothing. Nowadays, a new silk has become common and is known Kela Silk[10]. It is not silk but it is actually the bark of a tree that is turned into threads and it is very easy to identify as silk. There is no objection to wearing this. saturniid silk worm, antheraea paphia. This is a plant fibre produced from the outer leaves of a Banana Tree.
Law: To cover your self with a silk quilt is also not permissible, as it also falls within the category of wearing (i.e. attire). It is Makruh to hang silk curtains on the doorways (entrances of houses or rooms etc.). It is not regarded as being not impermissible if a person who sells fabric threw (i.e. draped) a silk fabric over his shoulders, like hawkers usually do, as this is not regarded as wearing it. However, if there is a silk robe or kurta and one puts his hands into its sleeves, then even if his aim is to sell it, it is disallowed. [Alamgiri]
Law: It is permissible for women to wear silk, even though it is pure silk with no mixture of cotton at all. [Wide-ranging Books]
Law: Silk brocades equivalent to four fingers in width on clothing for males is permissible. More than this is impermissible. This means that it must be four fingers in width. The length is not counted. Similarly, if the edge of a garment (or fabric) is made from silk, just as the edges of certain turbans, shawls and waistcloths are made, then in this case, the ruling regarding them is also the same; meaning that if the edge (border) is up to four fingers in width, it is permissible, otherwise it is not permissible. [Durr-e-Mukhtar, Raddul Muhtar]. In other words, this is if the embellishment of its border is also made from silk, and if the embellishment is made from cotton, then even if it is more than four fingers in width is permissible. If the hem (fringe) of the turban or shawl is made from silk, then this fringe too must not exceed four fingers in width because it is not permissible for the woof to be of silk.
Law: If there is silk work on the edge of the sleeves, collar or the Daaman (i.e. the extreme end or skirt of a garment), then this too should only be up to four fingers in width. If the tie-together (i.e. belt) of the robe, or waistcoat is made from silk, then up to four fingers in width is permissible and silk buttons are also permissible. Even the crest of a topi (hat) of four fingers in width is permissible. The part of the trouser through which the trouser string runs is also permissible (in silk) if it is up to four fingers in width. A design of a paan (betel leaf), or a mango like design on the shoulder or back of a Jubbah, or an Achkan (long buttoned coat) is also permissible, if it is up to four fingers wide (in silk). [Raddul Muhtar]. This ruling is only when the paan (design) etc. is decorated in such a way that the fabric can not be seen. If it is not decorated, then even if it is more than four fingers in width, it is permissible.
Law: If a patch from a silk fabric was sewn onto any other fabric, then if this patch is up to four fingers in width, it is permissible, and if it is more than that, it is impermissible. If silk was filled into a fabric just as wool is filled (into a fabric), but the outer fold and the lining are both cotton fabric, then to wear it is permissible and if either the outer fold or the lining is silk, then it is impermissible. In the same way, the silk lining of a topi (hat) is also impermissible and a silk border of up to four fingers in width is permissible. [Raddul Muhtar]
Law: If lace was attached to a topi (hat), or if a brocade or light brocade lace was attached to a turban and it is less than four fingers in width, it is permissible, otherwise it is not.
Law: If there is silk work on different parts (of a garment etc.), it will not be gathered. Meaning, if it is not more than four fingers in width at one place, but if it is gathered (i.e. added up) it will exceed it. This is not regarded as being impermissible. Thus, in the embellishment of a garment if there are silk stripes on different parts, it is permissible, as long as no single stripe is more than four fingers in width. The same ruling is regarding floral patterns and embellishments. It should not be more than four fingers in width at one particular place and if the design of a flower etc. or any other design was made in such a way that only silk can be seen, which is known as embellishment, and where the fabric is not seen at all. Then such work (needlework) cannot be regarded as being in different places (miscellaneous). If this type of silk or Zari work is on a topi, Achkan or waistcoat or on any other garment and it exceeds four fingers in width, then it is impermissible. [Durr-e-Mukhtar, Raddul Muhtar]
Law: For the stripes not to exceed four fingers in width is only necessary when the stripes are in the woof and if it is in the warp and the woof is cotton, then it is also permissible in the circumstance when it is more than four fingers in width.
Law: If a fabric has been made in a manner whereby one thread is cotton and the other is silk but when looking at it, it appears to be made purely from silk. In other words, this is in the case were the cotton is not visible, then this is not permissible. [Raddul Muhtar]
Law: In regards to making clothes from gold and silver just as gold and silver wires are woven into Banarasi fabrics and just as Zari[11] is used in Kin cob or brocades and small-perforated beads. Similar to how the edges of the Banarasi turbans and the lower section of both ends are made from Zari. The ruling regarding these is that if it exceeds four fingers in width at any one place it is impermissible. Otherwise, it is permissible, but in the kin cob and in the (smallperforated beads), since the warp and the woof are both silk, so even if the Zari is less than four fingers in width, then too, it is impermissible.
However, if the fabric was a cotton fabric or if the warp was silk and the woof was cotton and zari was woven into it, then it would have been regarded as being permissible, if it were up to four fingers in width. Such as, if the turban is a cotton fabric and zari was woven into it, the same ruling applies to it, that it is impermissible if it exceeds four fingers in width at one place. This ruling is for males. However, it is permissible for females to wear silk, gold and silver. There is no specification of the four fingers in width ruling for them. Similarly, use of brocades and light brocade lace, no matter how wide it may be is permissible. The distinction between something being an embellishment or not is also specific for males. It is absolutely permissible for females. [Deduced from Raddul Muhtar]
Law: The ruling which applies to the weaving of Zari is the same ruling which applies to its ornamentation (trimmings). Some people still wear zari topis (hats) nowadays. If the fabric is visible between the ornamentation, because it is not fully four fingers in width at one place, it is permissible, but if it is embellished completely (Mughar’raq), meaning it is full of (zari) work, then more than four fingers in width is not permissible. Similarly, if the fabric in the brocade is completely concealed and it exceeds four fingers in width at one place, it will be impermissible, otherwise it is permissible.
Law: If the waist belt is made from silk, then it is not permissible, and if it is made from a cotton fabric and has silk stripes on it, which is up to four fingers in width, then it is permissible. [Alamgiri]
Law: (To use) a belt made from gold or silver thread is impermissible. Some wealthy people make such belts for their security guards and orderlies. They should refrain from this.
Law: The use of silk mosquito nets is also permissible for males, as it does not fall within the category of attire (i.e. it is not worn). [Durr-e-Mukhtar]
Law: To sew a Taweez (Holy amulet) in a silk fabric and to hang it on the neck or to tie it on the arm is impermissible, as it falls within the category of something that is being worn. Similarly, to place it (i.e. a taweez) in gold and silver and then wear it is also impermissible, and if the taweez is engraved in gold and silver, then this is even more impermissible.
Law: Even if a silk topi (hat) is worn under the turban, it is still impermissible. Similarly, a zari topi is also impermissible, even if it is worn under the turban. [Durr-e-Mukhtar, Raddul Muhtar]. The gold caps (headgear) worn by the Afghanis, Sarhadis and Punjabis under their turbans, and is completely embellished, and its design work is more than four fingers in width, is impermissible. However, if it is less than four fingers in width, then it is permissible.
Law: The use of a silk trouser string is disallowed. If a Tasbeeh has been made on a silk string, then to place it on the neck is not allowed. Similarly, if a watch string is made from silk, then to place it around the neck or to put a silk chain (i.e. chord) in a button and hang it, is also disallowed. It is also not allowed to tie a silk string or band on the wrist. In regards to all these items, the four fingers in width rule will not be considered, as all of these are made from pure silk. To wear a watch around the neck by attaching a gold or silver chain to it, or to attach it (i.e. a gold or silver chain) to buttons or to tie it on the wrist is not allowed. [Raddul Muhtar]
Law: The same rule applies to chains (bands) made from other metals such as copper, brass and iron etc. It is also impermissible to wear these metals, and if these items are not hung or not tied on the wrist etc. but they are simply kept in the pocket, then it is not impermissible. The prohibition is related to wearing it, so keeping it in the pocket is not disallowed.
Law: If the Juzdaan (case or covering) for the Qur’an-e-Majeed is made from an impermissible fabric (i.e. from a fabric which is impermissible to wear), then to keep the Qur’an-e-Majeed in it, is permissible, but to put a band on it and then hang it around the neck is impermissible. In other words, this prohibition is only when the Juzdaan is made from silk or zari. [Raddul Muhtar]
Law: To keep money in a silk purse is not disallowed. However, to hang it on the neck is impermissible. [Raddul Muhtar]
Law: To hang a silk pouch on the neck is disallowed but to keep betel-nut and tobacco in it and eat from it whilst the pouch is kept in the pocket is not disallowed, to wear it is impermissible and its absolute usage is not disallowed. The use of a zari pouch is absolutely disallowed, as the use of gold and silver is disallowed Mutlaqan (absolutely). Even to eat betel-nut and tobacco from it is disallowed.
Law: If during phlebotomy[12], a Phlebotomist, ties a bandage (strap), so that the veins (blood vessels) may become noticeable, then if this bandage is made from silk, it is impermissible for it to be tied for men. [Alamgiri] However, here it refers to blood letting which is an ancient medical practice.
Law: To (perform) Namaaz on a silk Musal’la (Prayer Mat) is not Haraam. [Raddul Muhtar]. However, to lead Namaaz on it (i.e. as Imam) is not advisable.
Law: To decorate a house with silk, gold or silver; such as, to drape the walls and doors with silk curtains, and to display gold and silver dishware (crockery) and ornaments, with the sole objective of adornment is objectionable (i.e. it is not recommended), and if one does this out of pride and boastfulness, then it is impermissible. [Raddul Muhtar]. Probably the reason for it being not recommended is because even though in the beginning, such an act is not done out of pride, but it eventually leads to pride.
Law: The Fuqaha (Jurists) and Ulama should dress in a manner by which they are recognised, so that the people may benefit from them and so that the significance of knowledge may be impressed upon the minds of the people. [Raddul Muhtar]. If his objective is to show his own personal individuality and distinctiveness, then this is Mazmum (contemptible).
Law: Some people place a piece of cloth (i.e. a napkin) on their knees whilst eating, so that if any gravy (or curry etc.) spills, then it would not soil the clothing. If the napkin which is placed on the knees (i.e. on the lap) is silk, then its use is impermissible. To use a silk shawl (handkerchief) to clean the nose etc. or to wipe the hands and face etc. after wudu is permissible. This is a long as it is used for the purpose of wiping and it is not just used as a shawl (i.e. worn or thrown over the shoulder or around the neck etc.), and the objective of wearing it should also not be Takab’bur (pride). [Raddul Muhtar]
Law: To use gold or silver buttons in a Kurta or robe is permissible, just as the use of cloth buttons made from silk are also permissible. In other words, this is on condition that the buttons do not have chains attached to them. If there are chains attached to the buttons, then to use them is not permissible, because chains fall within the category of jewellery and the use of jewellery for males is impermissible.
Law: To wear a black silk veil over the face due to an eye infection (conjunctivitis) is permissible as this is regarded as a circumstance where there is an Uzr (valid excuse). [Durr-e-Mukhtar]
Law: Nowadays, there are colourful spectacles which are being sold. They are worn when it is very sunny or in brightness (i.e. sunglasses). With the availability of such glasses, there is no need for the use of silk.
Law: It is also Haraam to dress boys who have not as yet reached puberty in silk garments and the sin for this is on the person responsible for dressing them in it. [Alamgiri]
Law: To wear clothing dyed in safflower or saffron dyes is disallowed for males. If it is a dark colour, that is becoming red or it is a light colour that became yellowish, then the ruling regarding both is the same. Both these colours are permissible for females. With the exception of these two (specific kinds of dyes/colours), all other types of colours; apricot yellow, reddish, light green, yellow, champak coloured (golden) and orange etc. are also allowed for males. Even though, it is better that they (males) should not use red or very brightly coloured clothing. Colours which display femininity should not be worn by men at all. [Durr-e-Mukhtar, Raddul Muhtar]
This prohibition is not because of a colour, but it is because it shows similarity to females and this is the reason for its prohibition. Thus, if this basis is not present, then there will not be any prohibition as well. An example of this is that there are certain types of dyes (colours) which are fine to dye the turban with, but if a kurta or trouser has to be dyed in the very same colour, or if a shawl is dyed with that colour and then worn, it displays femininity. (In such a case), the (dying) of the turban will be regarded as permissible and the (dying) of the other garments (in such feminine) colours will be regarded as being Makruh.
Law: It is impermissible for one in whose home there has been a funeral, to wear black clothing as a sign of mourning. [Alamgiri]
Law: To wear black bans (straps etc.) are also impermissible as firstly it is something which demonstrates Sawg (mourning) and secondly because it is the way of the Christians. During the days of Muhar’ram, i.e. from the 1st of Muhar’ram right up to the 12th of Muhar’ram, it is best to abstain from wearing three colours: Black, as this is the manner of the raafdis (shia); and green as this is the manner of the Mubtada’een, i.e. words those who are involved in taazias; and Red, as this is the manner of the kharijis, as they wear red to show happiness. [Ref: A’la Hazrat Qibla]
Law: To wear woollen and fur clothing is the Sunnat of the Ambia-e-Kiraam علیہم السلام. The first person to wear this type of clothing was Hazrat Sulaiman علیہ الصلوۃ والسلام. It has been mentioned in the Hadith, ‘Wear woollen clothing and brighten your hearts, for they are drab (i.e. dull) in this world and (Light) in the Hereafter. [Alamgiri]
The Awliyah-e-Kaamileen (Saintly personalities) and the Buzurgaane- Deen (Pious predecessors) wore Suf, in other words woolen clothing, and one of the reasons for them being called Sufis is because they wore Suf, i.e. woollen clothing. Even though they would wear small black blankets on their bodies but their hearts were the Treasure Chests of the Light of Allah and Chambers of Infinite Secrets. However, in this present time, we also have very expensive woollen wear which are counted as garments of pride. Where is it possible for the poor and the less-fortunate to have such clothing! The wealthy and the influential are the ones who are able to afford them. Probably the objective mentioned by the Fuqaha and in the Hadith will not be fulfilled by wearing these types of clothing, but this will be fulfilled by wearing a simple blanket which does not have any (materialistic) significance.
Law: It is Sunnat to wear a full trouser, as this covers the body thoroughly. [Alamgiri]
Law: This has been regarded as being Sunnat in the sense that Huzoor  صلَّی اللہ تعالٰی علیہ وسلَّم liked it and the Sahaba-e-Kiraam رضی اﷲ تعالٰی عنہم wore it. Huzoor  صلَّی اللہ تعالٰی علیہ وسلَّم himself, used to wear a Tahband (Waistcloth). Wearing of the trouser is not proven from The Holy Prophet صلَّی اللہ تعالٰی علیہ وسلَّم .
Law: For males to wear such trousers that the rear portion of the trouser leg falls on the back of the foot is Makruh. To make ‘Asbaal’, i.e. to wear the Kurta, Jubbah, Trouser and Waistcloth so low that the ankles are (completely) hidden is disallowed. These garments should be worn from between half the shin up to the ankle, i.e. the ankles should not be completely hidden. [Alamgiri] However, to wear the trouser or Waistcloth very high nowadays, is the manner and style of the wahabis. Thus, we should not wear the trouser so high that the person who sees you mistakes you for being a Wahabi. Some people nowadays even wear the trousers very low, that not just the ankles, but the heels are even completely hidden.
This has been strictly prohibited in the Hadith, to the level where it has been mentioned, that which is below the ankles is in the fire of hell. Then, there are those, who wear the trousers so high that even the knees are visible, this type of trouser is known as boxers (i.e. short pants). This has been adopted from the Christians. Some where it so high that the knees are exposed and the ones who wear it long, wear it so long that the ankles are hidden! They do not leave the extreme ways and follow that which is the Sunnah way. Some people wear tight trousers that are crumpled at the ends. Even in these, the ankles are concealed and the actual figure of the body is visible. Especially females should not wear these crumpled trousers. The trousers which are worn by females should be loose and loose-fitting and flowing and their pants should be worn longer, so that the foot is hidden. For them, the greater portion of the foot that is hidden, the better.
Law: To wear thick clothing and to patch ones clothing when it becomes old, is the Islamic Manner. [Alamgiri] It has been mentioned in the Hadith that until you do not wear your clothing after patching them, do not regard them as being old. We should also not wear such thin clothing, through which the colour of the body is visible, especially the waistcloth, because if this is very thin, then there will be no Satr-e-Aurat (i.e. the parts of the body that are Fard to be concealed will not be concealed).
Another catastrophic practice in this time is that waistcloths are made from Saaris. By doing this, the parts of the body that need to be concealed are not concealed at all, i.e. there is no Satr-e-Awrat at all. Some people even perform their Namaaz whilst wearing this. The Namaaz of such people is not valid as Satr-e-Awrat is Fard in Namaaz. Some people tie the Dhoti (Hindu traditional dress) instead of wearing a trouser or waistcloth. To tie the dhoti is the manner of the Hindus and by wearing this, the requirement of Satr-e-Awrat is not fulfilled. (When wearing a dhoti), the hindmost part of the thigh becomes exposed and visible when walking.
Law: ‘Sudal’ here means to place a piece of cloth (sheet) on the head or shoulders (i.e. like a shawl etc.) and to let the ends hang when reading Namaaz. This is Makruh. The explanation regarding this has already gone by.
Now, regarding whether it is Makruh out of Namaaz as well, then the explanation regarding this is that if one is wearing a Kurta, a trouser or a waistcloth and the sheet has been draped over the head or shoulders, then it is not Makruh, but if one is not wearing a Kurta (upper garment), then Sudal is Makruh. [Alamgiri]
Law: To wear fur coats is permissible. The Buzurgaan-e-Deen, the Ulama and the Masha’ikh have worn it. That animal which is not Halaal, but it was made Zibah (slaughtered) or its hide has been tanned (Dabaagahat), then its fur (or leather) can also be used and a topi (hat) made from it can also be worn. An example of this is the fur of a fox or a Sable. This is an animal which resembles a cat and leather (fur) coats are made from it. Similar to this, is the fur of the Ermine or Stoat. This is an animal that resembles the Bandicoot. [Alamgiri]
Law: There is also no objection to wearing coats made from the skin of wild animals, such as lions and cheetahs etc. It may be worn and Namaaz can also be read wearing it. [Alamgiri]. Even though, it is Afdal (much better) to avoid it. It has been prohibited in the Hadith, to sit on a Cheetah skin.
Law: To keep a handkerchief (Shawl or face cloth etc.) to clean the nose and wipe the face or to wipe the hands after Wudu is permissible. Similarly to keep it for wiping perspiration is permissible and if it is kept out of pride, then it is disallowed. [Alamgiri]


[1] Satr-e-Awrat refers to the portions of the body that must be covered. To cover this portion of the body is Fard. For males, the Satr-e-Aurat is from below the navel to below the knees and for a female, the Satr-e-Aurat is the entire body, except the face, the palms of the hands and the soles of the feet.
[2] Saahib-e-Kamaal refers to a very accomplished person.
[3] Taarik-e-Dunya refers to one who has left the worldly life to strive for the sake of Allah.
[4] Warp refers to the threads that run vertically in a woven fabric crossed at right angles to the woof.
[5] Woof refers to the threads that run horizontally in a woven fabric at right angles to the warp.
[6] Tussore is a strong coarse brownish Indian silk obtained from the Cocoons of an oriental
[7] Kashi Silk is type of silk common in Banaras, India.
[8] Cheena Silk is actually China Silk, which is regarded as one of the best silk fabrics.
[9] Sun and rambaas are types of fabric and are commonly known by the said names in India.
[10] Kela silk is a natural fibre obtained from plants. It is actually a recycled Banana Silk Fibre.
[11] Zari is a fabric woven with thin gold and silver wires (threads).
[12] Phlebotomy may refer to venipuncture, which is the practice of collecting blood samples.


0 comments:

Post a Comment