Laws of Jurisprudence
Law: Shar’an (In the light of the Shariah) a
Musafir refers to a person who has left his residential area with the intention
to journey for a distance of 3 days. [Durr-e-Mukhtar vol.1 pg.732/733]
Law: A day (here) refers to the shortest day in
the year, and a distance of 3 days does not mean travelling from morning until evening,
because there is always a need (to stop) to eat and drink, for Namaaz and other
necessities, so what it actually refers to is the greater portion (of the day).
For example, if he travelled from the commencement of Subho Saadiq until after
noon and then he stopped (to rest etc.), then on the second and third days he
did the same, then the distance of his journey will be regarded as the ‘Masaafat-e-Safr’
(Distance of the Journey). To travel until after noon also does not mean that
he should have been travelling continuously, but he may also take habitually
(naturally) the amount of rest and breaks that are needed during such a
journey, and travelling (walking) means to travel at a moderate pace (or
speed), meaning (he is) neither travelling too fast nor too slow. On dry land (desert
etc.), credibility is given to the moderate pace and speed of a human and camel
(etc.), and in mountainous terrain it is as per the conditions that are
suitable (on such terrain). When travelling by sea, it will be based on the
speed of the ship at a time when neither the wind is at a standstill nor is it
blowing to fast. [Durr-e-Mukhtar vol.1 pg.734/735; Alamgiri vol.1 pg.138]
Law: The short day is regarded reliable in a place
where the day and night are ‘Mu’tadil’ (balanced). In other words, the greater
portion of the day can be used to travel towards ones destination. Hence, the cities
which have very short days, such as Bulgar, which has very short days, then in
such places it does not depend on the (length) of the day. [Raddul Muhtar vol.1
pg.134]
Law: The ‘kos’ (league/distance of measure) is
also not given any credence, because in some places the (measure) of the ‘kos’
is shorter and at other places it is longer. Actually, credence is given to
‘Three Manzils’, and on land this is based on the calculation by miles and the
distance for this is 57 1/2 miles. [Fatawa Razviyah]
Law: If there are two roads leading to a place and
the distance of one road qualifies for the distance of a Journey (i.e. causing
one to become Musafir) and the other does not, then in this case it will be based
upon the road on which the traveller takes. If he goes from the road which is
nearby (i.e. the shorter road), then he will not be a Musafir and if he goes
from the longer route, then he will be a Musafir, even if he does not have any
valid or good reason for using this route. [Alamgiri vol.1 pg.138;
Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.738]
Law: If there, are two routes to go somewhere, or
if one is by sea and the other is by land, and one is a two-day journey and the
other is a three-day journey (to one’s destination). If he uses the one which is
a three day journey, he is a Musafir, otherwise he is not. [Durr-e-Mukhtar;
Alamgiri vol.1 pg.138]
Law: If by way of his Karaamat, a Wali (beloved of
Allah) completed a three day journey in a very short space of time, then that
which is evident indicates that the rules of Musafir will be applicable to him,
but Imam Ibn Humaam has mentioned that it is questionable for him to be
regarded a Musafir. [Raddul Muhtar vol.1 pg.735]
Law: The mere intention of a journey will not
qualify one as a Musafir, but the rule of Musafir will only be applicable to
him when he leaves the populated area of the locality. In other words, if he is
in a city then (it will apply when) he leaves the city and if he is in a village
then it will (apply when) he leaves the village. For the one living in a city,
it is also necessary that he should also come out of the populated
(residential) areas on the outskirts of the city, which are bordering
(attached) to the city. [Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.733]
Law: The villages which are bordering (attached)
to the ‘Fina-e-Shahr’, then for those in the villages it is not necessary to
come out of such a village as well. Similarly, if there is a field (orchard)
etc. that is bordering (attached) to the city or town, and even though those
who take care of it and work in it, live in it, it is not necessary to come out
of these Orchards. [Raddul Muhtar vol.1 pg.732]
Law: The place which is outside the Fina-e-Shahr
but is for the work of the City, such as the Cemetery, Race Course, Dump site
etc., if these are bordering (adjoined) to the city, then it is necessary to come
out of these. However, if there is a distance between the city and the Fina,
then there is no need to come out of it. [Raddul Muhtar vol.1 pg.732]
Law: Coming out of the populated area means that
the populated areas should end in the (direction) towards which he is
travelling, even though in the vicinity of that area the populated areas have
not ended on another side. [Ghuniya]
Law: If any ‘Mohalla’ (area) was attached to the
city, but now it has become separate, then to come out of this is also
necessary. If there is a Mohalla, which has become deserted (vacant), even
though it was initially attached to the city, or even if it is still attached
to the city, then to exit it is not a condition. [Ghuniya; Raddul Muhtar vol.1 pg.733]
Law: If a Station (railway etc.) is outside the
populated (residential area), then on reaching the station he will be regarded
as a Musafir, on condition he has intention of travelling to a destination that
is regarded the Masaafat-e-Safr.
Law: For a ‘Safar’ (journey that qualifies one as
a Musafir) it is also necessary, that one should intend to travel a distance of
3 days from the place from where he is departing. If he left with the intention
to travel a distance of 2 days and on reaching there, he made an intention to
travel to some other place, and that too is a journey which is less than 3 days
in distance, and similarly if he travels the entire world in this way, he will
not be regarded a Musafir. [Ghuniya; Durr-e-Mukhtar vol.1 pg.733]
Law: It is also conditional that he should have
the intention of travelling continuously (i.e. consistently) on a journey of 3
days. If hemade intention that he will travel for a journey of 2 days and on reaching
there he will do some work there and then he will travel a journey of 1 days
distance, then this is not regarded as a consistent journey of 3 days, and he
will thus not be considered a Musafir. [Fatawa Razvia]
Law: It is Waajib upon the Musafir to perform Qasr
Namaaz (Shorten the Namaaz). In other words, he should perform the Four (4) Raka’ats
Fard Namaaz as two (2) Raka’ats. For him (the Musafir), these 2 Raka’ats are
regarded as the complete Namaaz. If he intentionally performed Four (instead of
2) but sat for Qaada at 2 Raka’ats, the Fard will be discharged and the last 2
Raka’ats will be counted as Nafil, but he will be regarded sinful for this and
is deserving the torment of hellfire, because he (intentionally) left out a
Waajib, hence he should repent for this. If he did not sit for Qaada at two
Raka’ats, then in this case the Fard is not fulfilled, and it has become Nafil.
However, if he had made the intention of Iqaamat (Residency) before the Sajdah
of the 3rd Raka’at, then in this case the Fard will not be annulled, but he will
have to repeat the Qiyaam and the Ruku. If he made the intention in the Sajdah
of the 3rd Raka’at, then now the Fard has been lost. Similarly, if he does not
recite the Qir’at in the first 2 Raka’ats or in one of those 2 Raka’ats, the
Namaaz is annulled. [Hidaya; Alamgiri vol.1 pg.139; Durr-e-Mukhtar vol.1 pg.735/739/740]
Law: This ‘Rukhsat’ (permission) is specifically
and only for a Musafir. This applies whether his journey is meant for a
permissible or impermissible reason. Either way, the rules which apply to a Musafir
will apply to him. [Raddul Muhtar vol.1 pg.736]
Law: If an unbeliever left with the intention of
journeying for a distance of 3 days, and after 2 days he became a Muslim, then
there is Qasr Namaaz for him. If a Na-Baaligh left with the intention of a 3 day
journey and he became Baaligh on the way, if the place to which he is
journeying to, from where he is, is not a distance of 3 days, he will perform
the full Namaaz. If a female who was menstruating became cleansed and the place
to where she is journeying is not a 3 day distance away from where she is, then
in this case she will perform the full Namaaz. [Durr-e-Mukhtar vol.1 pg.742]
Law: If the Muslim Ruler (Badshah) travelled the
kingdom (Country) in order to assess the condition of the citizens, he will not
perform Qasr, unless his initial intention was not of a journey of 3 Manzils continuously.
If he travels for any other reason, and it consists of the distance of a
journey, then he will perform Qasr. [Durr-e-Mukhtar, Raddul Muhtar vol.1
pg.746]
Law: There is no Qasr (Shortening) of the Sunnats,
but this should be read in full. However, it is excused in the case of fear
(i.e. danger) or when there is no time left. It must be read at a place of
safety. [Alamgiri vol.1 pg.139]
Law: A Musafir is regarded as a Musafir until such
time that he does not enter his locality (i.e. town, city, village etc), or if
he does not intend to stay in any populated area for a full 15 days. This is in
the case if he has already travelled a journey of 3 days (to reach that place).
If before reaching (the distance of) 3 Manzils, he makes intention of
returning, then he is not a Musafir, even though he maybe in a jungle (i.e.
unpopulated area). [Alamgiri vol.1 pg.139; Durr-e-Mukhtar vol.1 pg.736/737]
Law: For the Niyyat of Iqaamat (Residence) to be
proper (valid), there are six (6) conditions:
1. He should stop his travelling. If whilst travelling
he made the intention of residence, he will not be regarded as a Muqeem
(resident/non-Musafir).
2. The place (at which he intends to reside) should be
suitable for residence. If he made intention of residence in a jungle, or at
sea, or in an unpopulated (uninhabited) Island, he will not be regarded as a Muqeem.
3. He intends to stay (at one place) for 15 days. If he
intends to stay for less than this he will not be regarded as a Muqeem.
4. This Niyyat should be for staying at one particular
place. If he intends to stay for 15 days in 2 different villages (settlements).
In other words, he wishes to stay at one place for 10 days and at the other for
5 days, then he will not be regarded a Muqeem.
5. His intention should be independent. It should not be
dependent on someone else.
6. His condition should not be
contrary to his intention. [Alamgiri vol.1 pg.139;
Raddul Muhtar vol.1 pg.739]
Law: If a Musafir is travelling and he has not as
yet reached the city or village and he made the intention of residence, he will
not be regarded as a Muqeem. If he made the intention after he reached (the
city or village), he will be regarded as a Muqeem, even though he is still in
search of the house etc. (which is his final stop). [Alamgiri vol.1 pg.139]
Law: If the Muslim Army halts or encamps in a
jungle and they set up camp, pitch tents etc. there and make the intention of
staying there for 15 days, they will not be regarded as being Muqeem. However,
if those who live in a jungle set up tents (etc.) in the jungle and intend to
stay there for 15 days, they will become Muqeem. The condition for this is that
there should be water and grass (vegetation) available there, because the
jungle is to them, like a city or village is to us. [Alamgiri vol.1 pg.139]
Law: If one intends to stay at 2 places for 15
days and both are independent, such as in the case of Makkah and Mina, then in
this case he will not be regarded as a Muqeem. If they are dependent on one
another (such a town and the Fina/outskirt of the Town), then in this case he
will be regarded a Muqeem. [Alamgiri vol.1 pg.140; Durr-e-Mukhtar vol.1 pg.737]
Law: If one made an intention that I will live in
these two localities (settlements) for 15 days, and I will live at one place
during the day and at the other at night. In this case, if he first went to the
place where he intended to stay during the day, then he has not become a Muqeem,
but if he went first to the place, where he had intended to stay at night, then
he will become a Muqeem. Now, if he goes from there into the next settlement,
he will still be regarded as a Muqeem. [Alamgiri vol.1 pg.140; Raddul Muhtar
vol.1 pg.737]
Law: If the Musafir is not independent in his
intention, then in this case he will not be regarded a Muqeem even when he
makes the intention of staying for 15 days. For example, a female whose Mahre- Mu’ajjal
is not owed to her by her husband, becomes dependent on the husband and her own
Niyyat does not count, and slave who is Ghayr Makatab is also dependent on his
master, and the Army which gets their necessities from the Treasury or the
King, as they are dependent on their leader, and the case of the worker who is dependent
on the employer, and a prisoner, who is dependent on his incarcerators and that
wealthy person on whom compensation is claimed, and a student who gets food etc.
from his teacher, as he is dependent on the teacher, and a pious son, who is
regarded a dependent of his father. The intentions of all the aforementioned
are regarded as irrelevant, and in reality the intention of the ones whom they
are dependent on will be given relevance. If they have made intention of
Iqaamat (residence) then the Taabi’ (the one following or dependent on them)
will be regarded as a Muqeem, and if they do not make intention of Iqaamat,
then the Taabi’ will also be regarded as a Musafir. [Durr-e-Mukhtar, Raddul
Muhtar vol.1 pg. 834/845; Alamgiri vol.1 pg.141]
Law: If the Mahr-e-Mu’ajjal of a female is still
owed to her, then she has the choice to hold herself back, thus in such a case
she is not a Taabi’ (dependant/subordinate in this issue). Similarly, a slave
who is Makatab has the right of travelling without the permission of the Maalik
(Masters), thus he is also not a Taabi’, and the soldier who does not take his
meals and necessities from the Badshah or Bait ul Maal is not regarded as a
Taabi’. An employee who is not employed on a monthly or annual salary, but rather
he receives a daily salary and has the right of terminating the ‘Ijaara’ after
even 2 days, thus he too is not regarded Taabi’. If a Muslim who has been
imprisoned (captured) by the enemy is aware that they will take him (with them)
on a journey of 3 days (distance), he should perform Qasr and if he is not sure
of what they intend, then he should try to ask them and then act accordingly.
If they do not inform him of their intention (travel plan) then if he knows
that the enemy are Muqeem, he should perform Namaaz in full and if he knows
that they are Musafir, then he should perform the Qasr. If he is not able to
even ascertain this, then for as long as a journey of 3 days is not
accomplished, he should perform full Namaaz. If he was responsible for ‘Tawaan’
(a claim against him) and he was on a journey and has been caught, then in this
case, if he is insolvent, he should perform Qasr. If he is solvent (financially
stable) then he intends to pay (what he owes) within 15 days, or even if he has
no intention, he should still perform Qasr. If his intention is that he will
not be paying it, then in this case he will perform full (Namaaz). [Raddul
Muhtar vol.1 pg.744/745]
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