Laws of
Jurisprudence
Law: To play with the clothing, beard
or body; or to gather the clothing, for example when going into Sajdah, to lift
the clothing from behind or at the front, even if it is to save it from dust
(etc), and if it is without reason, then it is more Makruh. To hang the
clothing (over), for example to put it over the head or shoulders in a manner whereby
both the ends are hanging, are all Makruh-e-Tahreemi (i.e. all the
aforementioned actions are Makruh-e-Tahreemi). [General Books; Shaami vol.1 pg.
597-599]
Law: If one does not put the hands into
the sleeves of the ‘kurta’ (upper garment) etc, but merely throws it over
towards the back, then to, the ruling is same.
Law: If the ends of a neck shawl, shawl,
or blanket are hanging from both shoulders, it is disallowed and
Makruh-e-Tahreemi. If one end is put over the shoulder and the other is hanging
(to the front), there is no harm. If has been thrown over one shoulder in a
manner whereby one end is hanging on the back and the other on the stomach,
like it is the common way of keeping a shawl over the shoulder today; then this
is also Makruh. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.598]
Law: To wear the sleeves folded half
way the wrist up, or if one gathers the lower end of the upper garment, then to
read Namaaz in this manner is Makruh-e-Tahreemi; whether this was folded before
the Namaaz commenced or whilst in Namaaz. [Durr-e-Mukhtar vol.1 pg. 598]
Law: To read Namaaz when one severely
needs to pass urine or stool, or when one is overcome with the need to pass air
(flatulence), is Makruh-e-Tahreemi. It has been mentioned in the Hadith Shareef
that if the Jama’at has begun and if one needs to go to the toilet, he should
first got to the toilet. This Hadith has been reported by Tirmizi from Abdullah
ibn Arqam رضی اﷲ تعالیٰ عنہ and Abu Dawud, Nasa’i and Maalik
have reported similarly narrations. [Shaami vol.1 pg.600]
Law: If before commencing Namaaz, if
there is sufficient time remaining (for that Namaaz), and one is overcome by
these things, then to even start (in this condition) is disallowed and a sin.
To answer the call of nature is primary, even if one fears that he will not be
able to get the Jama’at. If however, he feels that after answering the call of
nature and making Wudu, the time (for that Namaaz) will expire (i.e. the Namaaz
will become Qaza), then in this case, he should give preference to the time,
and he should thus read the Namaaz. If this condition occurs whilst in Namaaz,
and there is time remaining, then to break the Namaaz is Waajib (compulsory);
and if one read in this condition, then one is sinful. [Raddul Muhtar vol.1 pg.600]
Law: To read Namaaz with a back-knot
(in the hair) is Makruh-e-Tahreemi, and if one tied a back-knot in Namaaz, the
Namaaz is nullified. [Durr-e-Mukhtar Mukhtar vol.1 pg.600]
Law: To move pebbles (stones) away in
Namaaz is Makruh-e-Tahreemi unless if you are not able to properly fulfil the
Sunnat method of Sajdah. One is allowed to do this once, but to avoid it is better.
If the Waajib cannot be fulfilled without moving them away, then it is Waajib
to move them, even if it has to be done more than once. [Durr-e-Mukhtar, Raddul
Muhtar vol.1 pg.600]
Law: To interlink the fingers, i.e. to
put the fingers of one hand into the fingers of the other hand, is Makruh-e-Tahreemi.
[Durr-e-Mukhtar vol.1 pg.600 etc]
Law: To do this (interlink fingers)
when going for Namaaz, or when waiting for Namaaz, are both Makruh; and if one
is neither in Namaaz, nor waiting for Namaaz, then there is no objection, if it
is done for a reason. [Durr-e-Mukhtar vol.1 pg. 600/601 etc]
Law: To keep the hand on the waist (in
Namaaz) is Makruh-e-Tahreemi; and one should not keep the hand on the waist
(hip etc) outside of Namaaz as well. [Durr-e-Mukhtar vol.1 pg. 601]
Law: To turn the face, looking around
is also Makruh-e-Tahreemi. This applies whether one turns the entire face or
part of it. If the face did not turn, but one just peers around then it is
Makruh-e-Tanzeehi, and if it is done infrequently for some proper reason, then there
is no harm at all. To look up towards the sky is also Makruh-e-Tahreemi.
[Alamgiri vol.1 pg.106]
Law: To sit like a dog in Tashahud, or
between the Sajdahs, in other words, sitting by joining the knees to the chest
(leaning) and placing both the hands (flat) on the ground, on the edge of the
rear end. For a male to spread out the wrists (flat on the ground) in Sajdah,
or to read Namaaz facing someone (i.e. facing him front in-front) is Makruh-e-Tahreemi.
Similarly, for someone else to face a Musal’li is also impermissible and
sinful. If this is caused by (the action) of the Musal’li then the Musal’li is
at fault and not the other person. [Durre-Mukhtar vol.1 pg.601/602]
Law: If there is a space (some distance)
between the Musal’li and the person who is facing the Musal’li, it is still
objectionable; unless there is something separating in-between, whereas even in
Qiyaam (Standing) you are not facing him directly; in this case it is fine. If
it is such that in Qu’ood (When sitting) one is not facing and in Qiyaam one is
facing, for example if between both persons, a person sat with his back facing
the Musal’li, that in this way when the Musal’li is sitting you are not facing
him, and in Qiyaam you are, then it is still objectionable (i.e. disliked).
[Raddul Muhtar vol.1 pg.602]
Law: To wrap oneself in a sheet (or clothing
etc.) to the extent that the hands are also not outside (i.e. hidden), is
Makruh-e-Tahreemi. Even outside Namaaz, one should avoid covering oneself in a
sheet like this, and in a place where there is fear, it is disallowed absolutely.
[Durr-e-Mukhtar vol.1 pg.610]
Law: I’tijaar, in other words to tie the
turban in such a manner that it is not on the head in the middle, is
Makruh-e-Tahreemi. To tie an Amaama in this way, even out of Namaaz is Makruh. Similarly,
to cover the nose and face, and to clear the throat without reason, are all
Makruh-e-Tahreemi. [Durr-e-Mukhtar vol.1 pg. 610/611]
Law: To intentionally yawn in Namaaz
is Makruh-e-Tahreemi, but if it comes by itself, there is no problem, but to try
to stop it is Mustahab (desirable). If when trying to stop it, it does not,
then press the lips with the teeth, and if even this does not stop it, then keep
the right or left hand over the mouth, or cover the mouth with a your sleeve.
In Qiyaam, cover with the right hand, and in the rest, with the left hand.
[Alamgiri, vol.1 pg.107; Durr-e-Mukhtar vol.1 pg.446; Maraqi Al Falaah]
Beneficial Note: The Ambia علیہم الصلاۃ والسلام are protected from this, as this is caused through
interference by shaitaan. Nabi صلی اللہ تعالی علیہ وسلم said that, ‘Yawning is from shaitaan. When any from
amongst you feels the need to yawn, then (try to) stop it.’ Imam Bukhari and
Muslim in Sahihain have reported this Hadith. Actually, it is mentioned in certain
narrations that shaitaan enters the mouth. In some it is mentioned that
shaitaan laughs when he sees this happening, and the ‘Qah Qah’ sound which is
made (when) yawning, is the laughing of shaitaan; because he laughs when he
sees how it causes the face (expression) to look bad; and (sometimes) the
moistness which comes (with yawning), is the saliva of shaitaan. The best way
to stop this, is that when you feel it coming, then in your heart think this, that
the Ambia علیہم الصلاۃ والسلام are protected from this, and it
will stop immediately. [Raddul Muhtar vol.1 pg. 446-603]
Law: To read Namaaz wearing clothing
which has pictures (photos etc) of living things, is Makruh-e-Tahreemi. To wear
such clothing even outside Namaaz is impermissible. Similarly, if these
(pictures) are above the head of the Musal’li, in other words on the roof; or suspended;
or in the area of the Sajdah, whereby Sajdah will be made on it, then (in this
case as well) Namaaz is Makruh-e-Tahreemi. Similarly, for there to be pictures
to the front or right or left of the Musal’li is also Makruh-e-Tahreemi, and
for it to be behind him is Makruh. Even though in all three cases the Karahat (reprehensibility)
is when the picture which is at the front, back, right or left, is either suspended,
or fitted, or a wall, or engraved into the wall etc. If it is on the ground and
one is not making Sajdah on it, there is no harm to the Namaaz. If there is
some picture of a nonliving thing, such as that of the sea, or mountains etc,
then there is no objection. [General books; Durr-e-Mukhtar vol.1 pg.605-608; Alamgiri
vol.1 pg.107]
Law: If the picture is kept in a place
of disrepute, for example if it is kept where shoes are removed, or on some
other place on the ground where people walk over it (trample it), or on a
pillow etc which is kept under the thigh etc, then by such a picture being in
the house, there is no reprehensibility, and it will also not harm the Namaaz,
as long as Sajdah is not made on it. [Durr-e-Mukhtar vol.1 pg.606 etc]
Law: A pillow, which has a picture on
it, place it and not leave lying around, is to honour it, and this too will
cause the Namaaz to be Makruh. [Durr-e-Mukhtar vol.1 pg.606]
Law: If there is a picture on the hand
or anywhere else on the body, but it has been hidden by clothing, or if there
is a small picture on the ring. If there is a very small picture at the front,
back, right or left, top or bottom, and it is so small that if you keep it on
the ground and then stand up looking at it, you will not be able to see the
detail of the body parts; or if it is under the foot or on the sitting area;
then in all these cases the Namaaz will not be Makruh. [Durr-e-Mukhtar vol.1
pg. 606/607]
Beneficial Note: This however does not mean that
pictures on the body; or on a ring etc is permissible. This is simply
explaining a rule that if this is the case then the rule will apply as
mentioned.
Law: A picture without a head, or one
where the face is rubbed out, for example if it is on a paper, on clothing or
on a wall and ink was used to cover it; or its head or face was scratched out;
or washed out, will not be objectionable (in Namaaz). [Raddul Muhtar vol.1
pg.607]
Law: If the head of the picture was
cut out, but the head is still in its place, in other words, it did not
separate from there, it is objectionable; for example, if there was a picture
on a cloth and one sew across the neck, whereby it looks like a noose. [Raddul
Muhtar vol.1 pg.607]
Law: In erasing, just to erase the
face is sufficient to be safe from the ‘Karahat’. If the eyes or eyebrows, or
hands, or feet are separated, it will not remove the ‘Karahat’. [Raddul Muhtar
vol.1 pg.607]
Law: If a picture is printed on the
pouch or inside of the pocket, it will not harm the Namaaz. [Durr-e-Mukhtar
vol.1 pg.607]
Law: If one is wearing clothing, which
has a picture on it, and one then wears some other clothes over it, which
causes the picture to be hidden, then the Namaaz is now not Makruh. [Raddul
Muhtar vol.1 pg.607]
Law: When a picture is not very small,
and not in a place of disrepute, and it is not covered with a sheet etc. then
in every condition, Namaaz is Makruh-e-Tahreemi because of it, but the most severe
‘Karahat’ is when the picture is in front of the Musal’li on the Qibla
(direction). Thereafter, the severity is of that which is above his head, then
that which is on the right wall, then on the left wall, then that, which is on
the back wall or on a curtain (etc.) at the back. [Raddul Muhtar vol.1 pg.606]
Law: These aforementioned rulings are
with regards to Namaaz. As for the issue of keeping (such) pictures, then in
this regards it has been mentioned in Sahih Hadith that, ‘Angels of Mercy do
not enter that house in which there are dogs and pictures’ (of living things); unless
they are kept with disrepute, or if they are not as small (as mentioned).
[Raddul Muhtar vol.1 pg.608]
Law: Whether pictures on money and
coins etc. are also things that stop the Angels from entering or not; then in
this regard Imam Qadi Iyaaz رحمۃ اللہ
تعالیٰ علیہ says, no, it
doesn’t; and the same is evident from the state statements of our
Ulama-e-Kiraam as well. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.608]
Law: These laws are related to keeping
pictures where the condition of contempt and necessity etc. is exempted. As for
the issue of making pictures or having it made, then this is Haraam in any
case. [Raddul Muhtar vol.1 pg.608] Whether it is handmade or a copy, the ruling
regarding both is the same.
Law: To read the Qur’an backwards or
to omit any Waajib is Makruh-e-Tahreemi, for example; not to straight the back
in Ruku or Sajdah; similarly to go into Sajdah without straightening the back
in ‘Qauma’ (standing) or ‘Jalsa’ (sitting); to read Qur’an at any other time
(in Namaaz) except in Qiyaam; or to complete the Qira’at in Ruku; and for the
Muqtadi to go into Ruku or Sujood etc before the Imam; or to pick up the head
(from Sajdah etc) before him (the Imam). [Alamgiri vol.1 pg. 106-109]
Law: If one read Namaaz whilst only
wearing a trouser or waistcloth whereas as a ‘kurta’ or sheet was available;
then it is Makruh-eVol. Tahreemi; and if other clothes was not available, then
it is exempt. [Alamgiri vol.1 pg.59; Ghuniya]
Law: For the Imam to lengthen the
Namaaz because of the arrival of someone, is Makruh-e-Tahreemi if he recognises
him and his aim is to please him; and if it is to assist him Namaaz, then to
lengthen it by one or two Tasbeeh (duration); there is no ‘Karahat’. [Alamgiri
vol.1 pg.108]
Law: If in a rush, one said ‘Allahu
Akbar’ from behind the Saff and joined, and thereafter came into the Saff, then
to do this is Makruhe- Tahreemi. [Alamgiri vol.1 pg. 108]
Law: To read Namaaz on a usurped land,
or on a field belonging to someone else, which has fruits in it, or on a tilled
land, is Makruh-e-Tahreemi. If there is a grave in front and there is no
partition between the Musal’li and the grave, then it is Makruh-e-Tahreemi. [Durr-e-Mukhtar
vol.1 pg.352/354; Alamgiri vol.1 pg.107-109]
Law: To read Namaaz in the places of
worship of the kufaar (unbelievers) is Makruh, as it is the place of shaitaan,
and the evident Karahat is that of it being Makruh-e-Tahreemi, and to even
enter there is disallowed. [Raddul Muhtar vol.1 pg.353]
Law: To read Namaaz wearing upside
down clothes or to throw cover with something on its wrong side is Makruh, and
evidently, it is Tahreemi. Similarly, not to close the front of the coat, and
not to put the buttons of the ‘Achkan’ (long coats etc) if there is no kurta etc
underneath and the chest is showing, then it is evident regarded as a
Makruh-e-Tahreemi; and if there is a Kurta etc underneath,, then it is
Makruh-e-Tanzeehi.
Upto this stage, we have
mentioned those Makruh actions, which are evident as being Makruh-e-Tahreemi
from the authentic Kitaabs, but reliable is on this basis. Now some other
Makruh actions are being presented, that most of them are clarified as being
Makruh-e-Tanzeehi, and there is ‘Ikhtilaaf’ (difference of opinion in this regard),
but the predominant and preferred (Raajih) view, is that they are Tanzeehi. To
proclaim less than 3 Tasbeehs in Ruku and Sujood without reason (is Makruh
Tanzeehi). In the Hadith, this has been referred to ask pecking like a bird
(crow etc). However, if there is shortage of time or there is fear that the
train (or other modes of transport) will leave you behind, then there is no
harm. If the Muqtadi was not able to say 3 Tasbeehs and the Imam already raised
his head, the Muqtadi should follow the Imam.
Law: To read Namaaz with ones work
clothing (like uniform, overall etc) is Makruh-e-Tanzeehi, if he has some other
clothing; otherwise, it is not Makruh. [Durr-e-Mukhtar vol.1 pg.599]
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