Wednesday, 13 August 2014

Bahaar-e-Shariat Volume 3 Blog Page 38

Laws of Jurisprudence

Law: To stretch the feet (legs) towards the direction of Qibla without any valid reason, is Makruh, be this whilst awake or whilst asleep. Similarly, to face the feet towards the Mushaf Shareef (Qur’an) and other books of Shariah is also regarded as Makruh. However, if the Kitaabs (Books) are on a high place, whereby the line of the feet is not in its direction, then there is no harm in this; or if it is so far away from the feet, that it will not be really regarded as stretching the feet in its direction, (then) this too is exempt. [Durr-e-Mukhtar vol.1 pg.613-614]
Law: If one put a Na-Baaligh (child who has not reached puberty) to lie down with his feet in the direction of Qibla, then this too is Makruh, and the one who put the child to lie down is liable for the disapproved action. [Raddul Muhtar vol.1 pg.613]
Law: To close the door of the Masjid is Makruh. However if there is the risk of the belongings of the Masjid going missing, then with the exception of the Namaaz times, closing it is permitted. [Durr-e-Mukhtar vol.1 pg. 612, Alamgiri vol.1 pg. 109]
Law: To be intimate and to pass urine or stool on the roof of the Masjid, is Haraam. It is also Haraam for a Junub (one in impure state), or a woman who is menstruating (i.e. in Haidh) or one who is in Nifaas, to go there, as that (the roof) is also within the ruling of the Masjid. To unnecessarily climb onto the roof of the Masjid is Makruh. [Durr-e-Mukhtar & Raddul Muhtar vol.1 pg.614]
Law: To use the Masjid as a pathway; in other words to walk through the Masjid is impermissible. If one makes a habit of this, he is regarded as a ‘Faasiq’. If a person entered the Masjid with this intention (i.e. of using it as a pathway or shortcut), then as he got into the Masjid, he realised this and decided against it, then he should not exit from the door through which he intended to exit, but he should exit through some other door; or he should perform Namaaz there and then exit. If he has not Wudu, then he should exit from the door through which he entered. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.614]
Law: To take an impurity (or impure substance) into the Masjid, even though it may not soil the Masjid, is disallowed. The same applies to one who has impurity on his body. [Raddul Muhtar vol.1 pg.614]
Law: To burn impure oil or to use impure mud (or clay) etc in the Masjid is disallowed. [Durr-e-Mukhtar vol.1 pg.614]
Law: To urinate into a utensil (pot etc) or to draw blood (etc) in the Masjid is also impermissible. [Durr-e-Mukhtar vol.1 pg. 614]
Law: To take children and insane people into the Masjid regarding whom there is a fear that they will (cause the Masjid to be soiled) by impurities, is Haraam, and otherwise it is regarded as Makruh. Those who take their shoes into the Masjids should take careful heed to this, so if they is any impurity on it (the shoe) they should first clean it out, and to walk into the Masjid whilst wearing shoes is impudence (i.e. it is disrespectful). [Raddul Muhtar vol.1 pg. 615]
Law: The Eid Gah or that place which has been made for performing Janaazah Namaaz, in the rules of Iqtida (following) is same as the rules, which apply in the Masjid; (in other words) no matter how much of Saff space is between the Imam and the Muqtadis, the Namaaz will be valid. The remaining Rules of the Masjid do not apply to it. This however does not mean that to pass urine or stool there is permissible, but it means that for a ‘Junub’, and for a woman in Haidh or Nifaas, to come and go there is permissible. The rule in regards to the platforms etc. that are built for the purpose of Namaaz in the ‘Fina-e-Masjid’ and at Madrassas, Khanqahs, ponds and lakes, are the same as that which apply to the Eid Gah. [Durr-e-Mukhtar vol.1 pg.615]
Law: To embellish of (i.e. to engrave and use calligraphy etc) or paint with ‘gold water’ the walls of the Masjid is not disallowed, as long as this is done with the intention of respect for the Masjid. However, this kind of engraving etc on the Qibla wall is Haraam. If the trustee had this done or had it whitewashed, then he should pay the compensation (i.e. expenses) for it. However, if the Waaqif (i.e. the person who made it Waqf) himself did this or if he gave the trustee permission to have this done, then expenditure will be given for this from the Waqf Fund. [Durr-e-Mukhtar vol.1 pg.616]
Law: If the Masjid has a substantial amount of funds and there is fear that unjust people will waste it (or squander it), then in such a situation, one can use it for the embellishment of the Masjid. [Shaami vol.1 pg.616, Alamgiri vol.1 pg.109]
Law: To write the Holy Qur’an on the Mehraab or the Walls of the Masjid is not advisable, as there is a risk of it falling off and then being trampled by the feet. The same applies to the walls of the house, because there are common grounds (for this). Similarly, to use bedding or a Musal’la, which has the names of Allah written on it, for any other (such) use is impermissible. It is also disallowed (i.e. not approved) for one to remove it from ones belongings, because there is no guarantee that another person will not use it. Thus, since one already has it in one’s possession, then one should keep it in such a high place, that nothing else is kept on it. [Alamgiri vol.1 pg.109/110] Similarly, there are some eating mats which have poetic stanzas (etc) written on them. To eat on this or spread them is ‘Mumnoo’ (disallowed)
Law: To make Wudu inside the (actual) Masjid, gargle (and spit) therein, and to spit on the walls or under the mats of the Masjid or to clean blow ones nose out, are all ‘disallowed’. To rub this under the prayer mats is worse than doing so on the prayer mats. If there is need to blow the nose or spit (whilst in the Masjid), then do so in clothing (i.e. handkerchief or shawl etc). [Alamgiri vol.1 pg.110]
Law: If the founder of the Masjid built a Wudu area, in the Masjid from the beginning, before the completion of the Masjid, wherein Namaaz is not performed; then to make Wudu there, is permitted. Similarly, one may also make Wudu in a dish (deep tray, bucket etc) or any such vessel, but the condition is that he should take particular and special care not to allow a single drop to fall in the Masjid. [Alamgiri vol.1 pg.110] Actually, it is necessary to safeguard the Masjid from every such thing, which is nauseating. Today we often see that after Wudu, many people dust off the water from their hands and face, in the Masjid. This is impermissible.
Law: If the feet are messed with mud (etc), to rub it on the wall of the Masjid or pillar is not allowed. Similarly, to wipe it with dust that is spread out (in the Masjid) is also impermissible. However, if some sweepings are kept gathered together, then to wipe them with this is permitted. Similarly, if a stick or wood is laying in the Masjid and is not part of the Masjid building, then even that can be used for this purpose. One may also use for this purpose, the wasted section of a mat on which Namaaz is not read, and which is not being used but is merely kept there, but to abstain from this is ‘Afdal’ (i.e. more virtuous). [Alamgiri vol.1 pg. 110; Sagheeri vol.1 pg.301]
Law: After sweeping, the sweepings of the Masjid should not be thrown in a place, which causes disrespect. [Durr-e-Mukhtar]
Law: A well cannot be dug inside the Masjid, but if the well was there before the Masjid (was built) and now it has been included into the Masjid, then in this case, it will remain as is. [Alamgiri vol.1 pg.110]
Law: To grow a tree inside the Masjid is not permitted. However, if there is a need for it, such as in the case where the ground is wet and the pillars do not remain in place, then in order to soak up that wetness, a tree can be grown. [Alamgiri vol.1 pg.110]
Law: Before the Masjid has been completed, it is permitted to build a room (etc) therein, to keep the belongings of the Masjid. [Alamgiri vol.1 pg.110]
Law: To beg inside the Masjid is Haraam, and to give to such a beggar is also not allowed. To search for a lost item inside the Masjid is also not allowed. It is mentioned in the Hadith, that when you see a person searching for some lost thing in the Masjid then say to him, ‘May Allah not return that item to you’ as Masjids were not built for this reason. This Hadith has been reported in Muslim on the authority of Abu Hurairah رضی اﷲ تعالیٰ عنہ. [Durr-e-Mukhtar vol.1 pg.617]
Law: To read poetry in the Masjid is not allowed. However, if that poetic stanza is Hamd, Naat, Manqabat or something pertaining to (Deeni) advice and wisdom, then it is permissible. [Durr-e-Mukhtar vol.1 pg. 617]
Law: To eat, drink and sleep in the Masjid is impermissible, except for a Mu’takif (one in I’tekaaf) and for one from a foreign place. Thus, if you intend to eat, drink or do any such thing, then first make intention of I’tekaaf and then enter the Masjid. You should then engross yourself in some Zikr (Remembrance of Allah), perform some Namaaz, and thereafter you may eat and drink (etc). Some (scholars) have only made exception for a Mu’takif, and this is the stronger view, so one who is from a foreign place (i.e. one away from home), should also make the intention of I’tekaaf, so that he may be safe from that which is contrary. [Durr-e-Mukhtar vol.1 pg.619; Sagheeri vol.1 pg.302]
 

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