Friday 4 November 2011

THE EDUCATION OF WOMEN



THE EDUCATION OF WOMEN
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After knowing the Hadith, "Seeking of knowledge is compulsory on every Muslim male and female", and other texts which make the acquisition of knowledge compulsory on both males and females, there remains no need to write a special article on this subject. Moreso because this subject was touched on in the journal "al-Qasim" volumes one and two. But because of a few incidents and peculiarities (which are connected more to the condition of Indian women) and which are witnessed quite often, it is necessary to write a special and detailed article on this subject, and is therefore being repeated.
It should be known in this introduction that as far as has been pursued, there are people who think in three different ways:

(1) there are those who do not oppose nor support the education of women. At the same time they do not place any importance on it,

(2) those who are completely opposed to it, and

(3) those who support it totally. All three groups have different shortcomings. The fault of the first group, which is the greatest and severest fault, is that it does not regard any need whatsoever to educate women. This total disregard is both in their men and women. The proof of these people which has actually put them into confusion is the question whether women have to seek employment, because of which arrangements have to be made for their education? From this we can deduce that these people have not understood the object of education, they have not pondered over those verses and Ahaadith which have made the acquisition of knowledge compulsory on both male and female, nor have they understood the type of education which is fard. So it should be understood that the object of knowledge is not to get employment because knowledge which is compulsory to acquire is not knowledge for a livelihood but knowledge of the Deen, knowledge with which man's beliefs, actions, dealings, society, and character are put in order, and the fruit of which in this world is that he is blessed with the wealth of "they are the ones who are on guidance from their Lord", and in the hereafter he gets the glad tidings of "they are the one's who are successful". So the necessity of acquiring Deeni knowledge is obvious, both textually and logically. The textual proofs are as follows:
1) "The acquiring of knowledge is wajib on every Muslim." (Bayhaqi on the authority of Anas)
2) "The acquiring of knowledge is a faridah (compulsory duty) on every Muslim." (Daylami on the authority of Ali)
3) "The acquisition of fiqh (understanding of Deen) is wajib on every Muslim." (Hakim in his Tarikh on the authority of Anas)
4) "Acquire knowledge and pass it on to the people." (Darqutni on the authority of Abu Saeed, and Bayhaqi on the authority of Abu Bakr)
5) "Acquire knowledge before it is raised." (Daylami on the authority of Ibne Mas'ud on the authority of Abu Hurayrah)
6) "O people! hold on to knowledge before it is raised." (Tabrani and Khateeb on the authority of Abu Umamah)
7) "O people! seek knowledge before it is raised." (Ahmad and Daarmi, Tib and Abu al-Shaykh in his tafseer, and Ibne Mardawiyya on the authority of Abu Umamah)
8) "Destruction for the one who has no knowledge." (on the authority of Hudhayfah)
Apart from this, there are other proofs which refer to the acquisition of knowledge for both males and females.
As for a logical proof: for reformation, beliefs and good deeds are compulsory. And beliefs and good deeds are dependent on acquiring knowledge of them. This is something that is obvious. And that thing upon which a compulsory thing is dependent, is also compulsory. So to acquire knowledge is also compulsory. Nevertheless, that deeds are dependent on knowledge is something that is very obvious. But if we go a little further, then it even becomes seen or observed. Consequently, the state in which uneducated women are, can be seen by all: that they cannot distinguish between kufr and shirk, nor do they have any love for Iman and Islam. They blurt out whatever they want with regards to Allah Ta'ala. They talk against the laws of Islam with arrogance. In order to bear children or to subdue the husband to their whims, they will try anything that they are shown, whether it be witchcraft, charms, magic or special incantations irrespective of whether these things are permissible or not. If this is the state of their beliefs, then what can be said of their salaat and fasting? So much so that apart from discarding these duties, some of them even mock at them, and go even further by taking ill-omens from them. In other words, some of them do not perform their salaat despite knowing that it is fard. Others do not respect it and do not regard it as compulsory, while others take ill omens from it and regard it as a cause of harm. The latter two reach the stage of absolute kufr, while the first is regarded as fisq and a major sin. If this is the condition of their salaat and fasting, wherein no money is spent, then what will the condition of their zakaat and hajj be? One should not even bother to ask about these things. And if this is the condition of their beliefs and Ibaadaat, then there is no possibility of putting right their business and social dealings (mu'aamalaat). This is so because salaat, fasting, etc. are regarded as Deeni activities. As for business dealings, the majority of people regard them as worldly activities. It is for this reason that it is only the very pious ones who try to set right their mu'aamalaat. What improvements can uneducated women make?
If this is the condition of their mu'aamalaat, then when will their minds ever go towards reforming society (mu'aasharat)? This is so because mu'aamalaat are regarded as huquq al-ibad (the rights of fellow beings), as opposed to mu'aasharat because this aspect of huquq al-ibad is not apparent in it. Therefore, giving importance to this is extremely minimal. If there is so much of complacency with regard to mu'aamalaat and mu'aasharat, when will any efforts be directed towards internal character, such as humility, sincerity, fear, love, patience, gratitude, etc.? We know that to a large extent the effects of mu'aamalaat, and to a less degree, the effects of mu'aasharat reach other people. Hence, at times they are even regarded as pious or disgraced, depending on their mu'aamalaat and mu'aasharat. But when it comes to one's internal character or condition, then even its overwhelming effect is restricted to ones self. As a result of it being concealed, others do not even come to know of it whereby a person could be addressed as a religious or irreligious person. It is for this reason that giving importance to it is very rare, so much so that this is even the case among the pious. Then what can be expected of the masses?
Be that as it may, the real cause and reason for this complacency in all religious matters is a paucity of knowledge of the Deen. So where there is no knowledge at all, and added to this where the intellect is naturally deficient (because women are naturally deficient intellectually, meaning that where there is no intellect and no knowledge) then there will be no limit to the shortcomings mentioned in the above matters. Both intellect and experiences bear testimony to the fact that without knowledge, actions cannot be put right. And to set right one's actions is wajib and fard. Consequently, the acquisition of Deeni knowledge being compulsory, as had been claimed above, has now also been proven logically. And prior to this, it was also proven textually (i.e. through Ahaadith). It has now been established both ways that to acquire knowledge of the Deen is compulsory.
Those who feel that there is no need for women to acquire knowledge because they do not have to seek employment, have been proven to be wrong. This is the answer to their assumption. However, there could be some doubt that by establishing that acquiring Deeni knowledge is compulsory, it does not necessarily mean that it becomes compulsory to acquire education in the normal way: that books should also be taught to women. Instead, it could be acquired by asking and questioning the ulama. The answer to this doubt is that this is correct, and we do not even say that education in the normal way is compulsory. However, at this point, three principles are worthy of noting:
(1) If something is compulsory, everything that will aid in fulfilling it will also be compulsory. For example, a person is unable to go for Hajj on foot. But in his time, trains and ships have been set aside to undertake that journey and he also has the money and ability to undertake that journey. It will therefore be compulsory on him to intend to undertake the journey, purchase the ticket and board the train or ship. To purchase the train or ship ticket and to board it in itself is not compulsory on him according to the Shariah, but because it is a means to fulfilling a fard act (i.e. hajj), it will also become compulsory on him. This is called fard bil-ghayr (i.e. compulsory because of another factor).
(2) Experience has shown that for knowledge to be well preserved in the minds, the study of books is nesessary. This happens to be the normal way of education. And to preserve Deeni knowledge is compulsory. So based on the first principle, it will also be compulsory to impart Deeni knowledge in the normal way. However, this is wajib alal-kifayah, i.e. in every place, there should be a few persons who have studied the Deen and who can answer the questions of those who need to know.
(3) It has also been established that to have ulama among the males is not sufficient to fulfil the Deeni requirements of women. There are two reasons for this: (1) Because of purdah (this is one of the most important of obligatory acts). It is almost impossible for all women to be able to go to the ulama. If the menfolk were to be used as a means, then some women do not even have anyone whom they could use. In some places, even the men give no importance to matters of Deen, so where will they take the responsibility of finding out for others? For such women it becomes extremely difficult to find out matters of the Deen. If by chance, access to someone is possible, or she has a father, son, brother, etc. in the house who is an aalim, then there are certain matters which women cannot ask them about. There may be such informality with the husband, but for all of them to have such husbands is generally impossible. In order to fulfil the general needs of women, there is no alternative but to have such women who are educated and from whom other women could get answers to all their questions. Based on this, it is established that to impart Deeni knowledge to women in the normal way, is wajib. So now, this doubt has also been cleared and it has been established that it is a necessity to have a system of education for women similar to that of men. This wrong notion that there is no need to educate women has been totally uprooted.
We will now deal with the second group which is opposed to the education of women and which regards it as extremely harmful. It is their claim that most educated women are liberal, fearless, shameless, cunning and immoral. Especially if she knows how to write, she becomes even more daring. She writes to whoever she wants and sends messages and greetings to whoever she wishes. Similarly, others also get the urge to express their desires by sending letters to her. When these messages reach her, she gets affected by them and also sends compassionate replies. This bond grows until whatever was bound to happen, happens. At times she does not reply, but keeps silent. Those who are ill at heart take this as a sign of acceptance and try to fill this void in the future by sending messages, greetings and letters. It is a general principle that, that which is written affects the ears. Furthermore, the ways of expression of some people are very enchanting and women are soft-hearted by nature. So for the web of shaytaan to spread is not surprising. If a woman to whom a letter was written was displeased, and she even expressed her displeasure, but fearing the consequences of what her husband or family members would say or do, she did not inform them about this. In this way, those who wrote the letter will be safe from any harm. They will get more bold and at the next opportunity, they will write again. All this happened because the women were educated. If they were uneducated, they would not have been able to write anything, nor would anyone come to know of them, and this whole chapter would have been closed.
This evil becomes even more conceivable when a particular woman's articles begin to appear in the newspapers. By reading these articles, those shayateen who are conversant with the language are able to gauge the complexion, nature, feelings and thoughts of the writer. The sparks of such a fire spread even wider, especially if what she has written is in the form of a poem. These days, the outrage is even greater, because out of boastfulness, the name and even address of the writer is clearly stated, that she is the wife of so and so, or the daughter of so and so, residing in a particular place. All these evils came about because of their being able to read and write. If all these secret liaisons were discovered by the husband or family members, then because educated people are quick-witted and good at making-up stories, she will come up with such explanations and excuses that no word will come against her. She will make excuses and pretentions and begin crying and say that she had said this and not that, etc.
She might even threaten to kill or drown herself until that poor person who had enquired about it will have to flatter her and he will not even dare uttering a word about it again.
Another evil prevalent in these educated women is that they read all sorts of books: love-stories, suspense, sexually explicit novels and poems that arouse one's desire. Due to this, one's nature becomes corrupted. At times, they read these poems aloud and their voices are heard by the neighbours and on the street. Someone becomes enchanted with her voice and falls onto her heels. Even if he is unsuccessful in his pursuits, she is bound to become a cause of disgrace and distress.
This is the crux of the beliefs of these people. I do not deny nor reject these incidents, but I will definitely say that these people have worked with short-sightedness. They have not pondered over the reality of these incidents. The reality is that education is not responsible for all these evils. The responsibility either lies on the system of education, or the syllabus, or the methodology, or poor planning. In other words, it could have happened that those books were not taught with which one could learn the rules of halaal and haraam, details of reward and punishment, the method of moulding one's character, and with which one could attain fear, reverence, understanding and respect for haqq (truth). They have just been taught to read the alphabets and left at that. Out of their own choice, they studied different booklets in Urdu and increased their mastery over reading and writing. By getting the title of "educated person", they have given education a bad name. So it is obvious that merely learning the alphabets cannot be called education, nor can it take the responsibility of reforming their actions and conditions.
Alternatively, it could have happened that despite the syllabus being beneficial and adequate, no effort was made to embed the themes of that syllabus into their hearts and nothing was done to ensure that they were put into practice. For example, if a girl who has been taught that gheebah (back-biting) is a sin does indeed make gheebah, she should be reminded immediately that what she is doing is contrary to what she learnt. Or she was taught the necessity of hijaab (seclusion) or of speaking in a low tone, and thereafter a shortcoming or negligence was noticed in this respect, then she should be immediately reprimanded. Or she was taught to regard the greed for wealth and jewellery with contempt and later she expressed the desire for expensive clothing or unnecessary jewellery, then she should be immediately made mindful of this. In this way there is a hope that noble characteristics and good deeds will be inculcated in her.
Alternatively, it could have happened that her very nature and disposition did not have that capability and potential. Then in such a case, the idiom "imparting knowledge to the one who does not have the potential is like placing a ball on a dome" and the poem "how can a good sword be made from inferior steel?" Without good education, a person cannot become an insaan (total human)" will both apply. This discussion was connected to their very circumstances and actions. And as for those actions that were enumerated in regard to other corrupt persons, this is due to poor planning. The best way of combating this is to exercise sternness by employing the men-folk as intermediaries. They should be clearly informed that these are the causes of such evils.
If these are the causes, then why are the women singled-out? If men had to face these same causes, they would also become like this. So on what grounds are women being stopped from education and men given full freedom in this respect? In fact, given full importance? After pondering on the reason for this difference, we find no answer except that evils committed by women or attributed to them are regarded as a cause of disgrace and distress. And if the same evils are committed by men or attributed to them, then society does not regard them as a cause of disgrace and distress. It is for this reason that when it applies to women, these evils have been regarded as barriers to their education, and not when it applies to men. Apart from this, it is obvious from the Shariah point of view, that when it comes to education, men and women are equal. If sinning is evil and worthy of condemnation for women, then so is the case for men. And if it is a cause of chastity and honour for men, then in the same way it is also for women. So, if both are equal according to the Shariah, but unequal according to custom (urf), and this discrimination is actually practised, then it clearly shows that custom is being given preference over the Shariah. This is a very big branch of ignorance the cause of which is pride and self-glorification and nothing else. This is not my claim alone; the opposition also acknowledge this. Accordingly, very often we hear them saying that a man is like a utensil: if it gets dirty ten times, and thereafter you wash it, it gets absolutely clean. A woman, however, is like the lustre of a pearl: if it comes off even once, it cannot come on again. In other words, this clearly means that when it comes to men, they regard sinning very lightly. And for women, they regard it very seriously. Apart from pride, there is a very great possibility of passing a fatwa (religious verdict) of istikhfaaf (belittling the rules of the Shariah).
Now, just the third group is left. These people support and defend the education of women but have erred in determining or laying down a system for it. Some of their mistakes have already been incorporated when discussing the second group above. For example, teaching the women to read the alphabets only and thereafter leaving them to read the different booklets and magazines of their choice. Or, for example, not ensuring that they put into practice what they learn - different examples in this respect were also mentioned. We will now mention some other mistakes of theirs. For example, instead of teaching them Deeni knowledge, some of the women are taught History, Geography and English. Worse than this, they also teach them the Bible. This is due to just blind following of the Europeans. In other words, they feel that the worth and credibility of their syllabus is dependent on this. But they do not think that even if there was no difference between the two of us in regard to customs, habits, natural inclinations and peculiarities, the greatest distinction of religion still exists. That we follow the religion of Islam and they either follow no religion (which is the case with a majority of them), or they follow a religion opposed to our religion. Therefore, they will either have no religious education, or if they do have, it will be superficial, or it will be worldly education, or education of some other religion. In any case, this system of education of theirs has a specific basis. But if we had to choose their system of education, on what basis is it going to be? If the purpose of their education is different, as has just been mentioned, and our goal is different, as had been briefly explained when rectifying the mistakes of the first group, i.e. rectifying the beliefs, actions, transactions, social dealings, and morals; and this goal is dependent on Deeni knowledge - then it is obvious that for us to adopt their system of education is unsuitable or incompatible. However, if one also feels the need to earn a livelihood as well, then there will be no harm if one learns those sciences after having acquired Deeni knowledge. Those sciences refer to those things upon which one's livelihood is dependent, such as English, History, Geography, etc. Apart from these things, such a person will have no need to study the Bible.
It is obvious that the need to earn a livelihood is only experienced by men and not women, the reason being that the responsibility for supporting and providing for them is on the men. Secondly, Islam has emphasized purdah for women, and those specific ways whereby a livelihood could be earned are dependent on specific branches of knowledge. And these branches cannot be learnt while in purdah. Therefore, to teach them these things is fruitless and a waste of time. In fact, apart from being fruitless, it will also be harmful, as will be explained later. In any case, these sciences which are known as "modern education" are in no way proper for women. However, it would be good to have sufficient knowledge of certain worldly aspects such as writing, Mathematics, some sort of handicrafts, etc., so that if at any time there is no one to see to their needs, they could earn a living.
As for learning good manners, then whoever wishes, he could check and see for himself that no other system or education can teach good manners and character the way Deen can. Hence, take a person who has been totally influenced by Deeni knowledge and another person who has been totally influenced by modern civilization. Thereafter, compare their character, social dealings and transactions, and you will find that there is a world of difference between the two. However, if someone regards pretention and deception as culture, then his mistake will be that he has misunderstood the meaning of a particular concept. At this very moment, if some religious person comes to mind who has some short-coming in real character, then the reason for this will be that he did not take full benefit from Deeni knowledge. In other words, Deen has many aspects: beliefs, actions, mu'aamalaat (transactions), mu'aasharat (social relations), and self-purification. Some people regard only salaat and fasting as knowledge of the Deen and only people who fulfil these duties as religious people. This is a mistake in itself. To have sufficient knowledge of all the aspects of Deen mentioned above is called Deeni knowledge. And those who abide by the rules of all these aspects are called religious people. So that person who was called a religious person but was found to be wanting in his character, is in reality not fulfilling all the aspects of the Deen. And the discussion is on that person who is influenced by all the aspects. Now the doubt has been cleared. The author has written a booklet entitled "The Rights of Knowledge" which clears similar doubts and is worth reading.
In short, culture and good manners cannot be learnt from any system of education the way it can be learnt from Deeni education. It is this very Deeni knowledge which brought about that character and good manners in our ancestors, and which was not only acknowledged by Europe but also adopted by it. However, we are totally unaware of the "wealth" that is in our homes and begging from others. How beautiful the words of Maulana Rumi are! He says: "There is a basket full of bread on your head, and yet you are going door to door searching for a crumb. You are standing in knee-deep water, and yet you are distressed out of hunger and thirst."
Some people get their daughters educated at the hands of liberal and shameless women. Experience has shown that the company one keeps has a definite effect on one's character and emotions. This is more so when the person in whose company one is, is followed and respected. Obviously, who can be more worthy of following and respect than one's teacher? So in this case, that liberalism and shamelessness will also come into these girls. In my opinion, the best woman is the one in whom hayaa'(shame and self-restraint) is natural. This is the key to all good. When this is not found, then no good can be expected, nor can any evil be discounted. The rule, "when hayaa' goes away from you, then do whatever you wish", is general. But in my opinion, the generality in "whatever you wish" is applicable more to women than men. This is so because men still have aql (intellect) as a deterrent, while women have a shortfall of this as well. Therefore, they will not have anything to stop them.
Similarly, if the female teachers are not like this, but the class mates and school mates are like this (i.e. liberal and shameless), then being close to them will also cause many harms.
After this discussion, the condition of two evils, which are presently widespread, may also have come to the fore. One is the construction of girl's schools, and like normal madrasahs, to allow girls of different communities, classes, and thoughts, to come there daily. Even if the teacher is a Muslim, even if they come in cars, and even if they come here and stay in secluded places; incidents have shown and experience has proven that here such causes are combined, that they have a detrimental effect on their morals. This company has proven to be destructive to their chastity. And if the teacher is also like this, then it is like having a double dose of a bitter pill.
The second evil is that if a girl mixes with a teacher of a mission school by going to her daily or weekly for tuition in something or some craft, then both her chastity and Iman will be in danger. It is extremely distressing that some people regard these evils as a means of honour and call these teachers into their very homes. In my opinion, let alone these great evils which a girl gets trapped in on account of being a child and blindly following someone; even if an elderly Muslim woman follows this teacher and gets into a conversation with her even once, then too it will be dangerous. Some of those harms which we had promised to enumerate are these which have just been mentioned. And some of them have been mentioned when discussing the opinions of the second group.
The best method for girls is the one that came down to us from generation to generation. That two or three girls get together according to their relations and then study. As far as possible, they should try and get a female teacher who does not charge any fees because experience has shown that this type of education is more blessed and more effective. But if there is no alternative, there is no harm in paying. Where no female teacher is available, then the menfolk of the house should undertake to teach them. This is in regard to the system of education. As for the syllabus, then as far as possible, they should be taught to read the Quran correctly. Thereafter, Deeni books which have been written in simple language and in which all aspects of the Deen have been dealt with completely (in my opinion, the ten parts of Bahishti Zewar are sufficient to fulfil this need). If the men of the house are imparting the education, then those matters that are "shameful" should be left out and taught through their wives. If this is not possible, then these matters should be marked off so that they can remember them and once they get more mature, they will automatically understand them. Alternatively, if her husband is an aalim, she could ask him, or her husband could inquire from an aalim on her behalf.
At the end of Bahishti Zewar, there is a list of some beneficial books, the reading and studying of which will be very beneficial for women. If all cannot be studied, then a necessary number should be studied and the balance be kept for reading. Together with education, practising on the knowledge should also be seen to. It should also be ensured that the desire to teach be inculcated in them so that they have some contact with knowledge throughout their lives. In this way, there will be a constant revival and yearning for ilm and amal (knowledge and practicing on it). They should also be urged that at no time should they be negligent in reading beneficial books. After completing their necessary syllabus, if it is found that they have the potential, they should be directed towards learning Arabic so that they are able to understand the Quran, Hadith, and Fiqh (jurisprudence) in the original language. In my opinion, those girls who read the translation of the Quran only, make many errors in understanding it. Therefore, for most of them this is not good.
All this was in regard to reading. As for writing, if there are indications that there is no shamelessness or boldness in her nature, there will be no harm in learning to write. In order to carry out household necessities, there is also a need to know how to write. But if one foresees harm, then instead of trying to learn unnecessary (not wajib) things, it would be better to save one's self from evils. In such circumstances, she should not be taught to write, nor should she learn by herself. This is the verdict of the wise on the issue of women learning to write.
I now end this article and perhaps there will be no need to repeat it.
Ashraf Ali Thanwi
Shawwal 1331 A.H.
GLOSSARY
(Explanation of Islamic Terms)
Aabid: One who preoccupies himself with ibaadah and shows relatively less interest towards knowledge.
Aalim: One who has attained a considerable amount of Islamic knowledge. He could also be referred to as an Islamic scholar.
Allah: Almighty God. The most well-known of His many names. Allah refers to the one and only being who is worthy of worship.
Auliya: Plural of wali. Literally means friend. But in Islamic terminology it refers to the close friends of Allah.
Baitul Maqdis: Also known as Masjidul Aqsa or the furthest musjid. It is situated in Jerusalem and is the third most sacred place in Islam. It is popularly referred to as Baitul Muqaddas.
Banu Isra'eel: Literally means the children of Isra'eel. It refers to the progeny of Hadrat Ya'qub alayhis salaam.
Barakah: Literally means "blessings". Also used to refer to the experiencing of abundance even in things which are little.
Bid'ah: Literally means an "innovation". In Islam it refers to introducing new things into religion which have no basis in the Quran or Sunnah. In addition to this, to regard these new things as acts of ibaadah. A bid'ah is a major sin in Islam.
Dajjal: Also known as the one-eyed Dajjal. He will be from among the Jews and will appear before Qiyamat. He will cause a lot of corruption in the world and will eventually be killed by Hadrat Isa alayhis salaam.
Deen: Literally means "religion". Here it refers to the religion of Islam.
Dua: Supplication, prayer or devotional phrases.
Durood: Salutations to Rasulullah sallallahu alayhi wa sallam.
Eid: Literally means "feast, festival". In Islam it refers to that day which is celebrated after the month of Ramadaan and also on the 10th day of Zil Hijjah.
Eid-gah: That place where the Eid salaat is performed.
Fard: Literally means "compulsory". In Islam it refers to those acts and things which are compulsory on a Muslim. Abandoning or abstaining from a fard act is a major sin. To reject a fard act amounts to kufr.
Fatwa: A formal legal opinion or verdict in Islamic law.
Ghayb: Literally means "the unseen". In Islam it refers to all those things that are unseen by man and at the same time believing in them is essential. Examples of the unseen are: hell, heaven, angels, etc. A Muslim has to believe that no one has the knowledge of the unseen except Allah.
Ghayr-
mahram: Refers to all those people with whom marriage is permissible.
Ghusl: Literally means "bath, wash". In Islam it refers to the washing of the entire body from head to toe without leaving a single place dry.
Hadith: Hadith literally means "speech". In Islam it refers to the sayings and actions of Rasulullah sallallahu alayhi wa sallam. Those sayings and actions that have been endorsed or approved by him also fall under the purview of Hadith.
Haid: Monthly periods or menstruation experienced by a woman.
Hajj: Literally means "pilgrimage". In Islam it refers to the annual pilgrimage to Makkah. Hajj is the fifth pillar of Islam.
Halaal: That which is lawful or permissible in Islam.
Haraam: That which is unlawful or prohibited in Islam.
Haud-e-Kauthar: The fountain of abundance. This is the fountain from which the believers will be given water on the day of judgement.
Hijaab: See Purdah.
Ibaadah: Literally means "worship". In Islam it refers to all those acts with which one renders worship to Allah Ta'ala.
Iblis: This is the name of shaytaan, or the cursed devil.
Ihraam: Two pieces of unstitched cloth which are donned by the person performing Hajj or Umrah.
Ilhaam: Literally means "inspiration". Here it refers to those things or ideas which Allah puts into the minds of His pious servants.
Imaan: Literally means "faith". Here it refers to believing in Allah Ta'ala as the one and only God and believing that Muhammad sallallahu alayhi wa sallam is His messenger.
Imam Mahdi: He will make his appearance when the Muslims will be at their weakest. With his advent, the greater signs of qiyamat will commence. He will be the leader of the Muslims. After his death, Hadrat Isa alayhis salaam will take over the reigns of leadership.
Istihaada: This refers to blood which flows from a woman out of her normal periods. This is irrespective of whether it flows out of her normal menstruation period or out of her normal nifaas period.
Istinja: Cleansing of one's private parts after having relieved oneself. A person can cleanse himself with water or clods of earth.
Jaahil: Literally means "an ignorant person". Here it refers to one who is ignorant of the knowledge of Islam irrespective of whether it is general knowledge of Islam, or knowledge of the rules and regulations of Islam.
Jahannam: Hell. A dweller of hell is called a jahannami.
Jannah: Heaven or paradise. A dweller of heaven or paradise is called a jannati.
Jinn: Refers to beings that have been created by fire. They take on different shapes and forms.
Ka'bah: The most sacred place in Islam situated in Makkah al-Mukarramah. Commonly referred to as the "House of Allah".
Kafir: Literally means "a disbeliever". In Islam it refers to one who rejects Allah and who does not believe in Muhammad sallallahu alayhi wa sallam as the final messenger of Allah.
Kalimah: Refers to the basic tenet of Islam, i.e. bearing witness that there is none worthy of worship except Allah and that Muhammad is the messenger of Allah.
Karaamaat: Plural of karaamat. Literally means a miracle. But in Islam it refers to miracles performed by saints and other pious servants of Allah. These miracles are performed only through the will of Allah. Saints cannot perform any miracles of their own accord.
Kashf: Literally means "manifestation".
Khalifah: Literally means "successor". In Islamic political theory it refers to the Islamic head of state. Commonly spelt "caliph".
Khilaal: This term is generally used in the act of wudu. It refers to the passing of fingers either through one's beard or passing of fingers of one hand through the fingers of the other hand, or even passing of the little finger through the toes.
Kuffar: Plural of kafir.
Kufr: The state of disbelief.
Makruh: That which is disliked or detestable. Makruh is of two types: makruh-e-tahrimi and makruh-e-tanzihi. Makruh-e-tahrimi is that which has been established by a proof which is not absolute. The one who rejects it is regarded as a fasiq (open sinner). A person who does something that falls under this category without any valid reason will be committing a sin and will deserve punishment. Makruh-e-tanzihi is that which if left out, will be worthy of reward and if carried out, will not entail any punishment.
Mani: Semen or sperm.
Masah: The act of passing of wet hands over a particular part of the body.
Mas'ala: Literally means "an issue, problem or question". In Islamic jurisprudence, it refers to a rule, or regulation. The plural of mas'ala is masa'il.
Mazi: Pre-coital fluid. A thin fluid generally released by the private parts of both men and women at the time of passion.
Ma'zur: Literally means "one who is excused". In Islamic jurisprudence it refers to that person who has certain sickness due to which he is excused or exempted from certain acts. For further details refer to the chapter concerning the ma'zur.
Mehr: Dowry which is given to the wife at the time of marriage.
Mi'raj: Literally means "ascension". In Islam it refers to the ascension of Prophet Muhammad sallallahu alayhi wa sallam to the seven heavens wherein he communicated with Allah.
Miswaak: A thin stick or twig which is used to clean the teeth.
Mu'aamalaat: Literally means "transactions". Generally refers to all those transactions and dealings wherein some money or other type of wealth is involved.
Mu'aasharat: Literally means "society". In Islamic terminology it refers to one's social relationships and social dealings.
Muharram: The first month of the Islamic calendar.
Mu'jizah: Literally means a "miracle". In Islam it refers to miracles performed by prophets. Prophets do not perform miracles out of their own accord but through the direction and will of Allah.
Musalli: One who is offering salaat.
Mushrikeen: Plural of mushrik. A polytheist or one who ascribes partners to Allah.
Mustahab: Literally means "preferable or desirable".Refers to that act which was done by Rasulullah sallallahu alayhi wa sallam or the Sahabah very occasionally. Carrying out these actions entails reward and leaving them out does not entail any punishment.
Nafl: Literally means "optional". According to the jurists it has a similar ruling to that of mustahab.
Najaasat: Refers to impurity. Najaasat is of two types: najaasat-e-ghaleezah (heavy impurity) and najaasat-e-khafeefah (light impurity). The rules concerning najaasat have already been mentioned in the relevant chapters.
Najis: That which is impure.
Nifaas: Refers to the flowing of blood after child-birth.
Purdah: An Urdu word meaning "seclusion". It is an equivalent of the Arabic word "hijaab". Refers to the seclusion of women from strangers. There are different stages of purdah, the highest of which is that the woman should not come out of her home except for some valid Islamic reason.
Qada: Literally means "carrying out or fulfilling". In Islamic jurisprudence it refers to fulfilling or completing those duties that one may have missed due to some reason or other.
Qiblah: The direction in which one faces when offering salaat.
Qiyaamat: The day of resurrection.
Sahabah: The companions of Rasulullah sallallahu alayhi wa sallam. They are those who saw him while they were Muslims and also died in a state of Islam.
Sahabi: Singular of sahabah.
Sajdah: The act of prostrating.
Salaat: Literally means "prayer". In Islam it refers to a specific act in which one prays to Allah. It is one of the five pillars of Islam.
Shariah: The Islamic Law.
Shayateen: Plural of shaytaan.
Shaytaan: The accursed devil, Iblis. He was from among the jinn.
Shirk: Polytheism or ascribing partners to Allah.
Sunnat: Sunnat is that action which Rasulullah sallallahu alayhi wa sallam did or sanctioned. Sunnat is of two types: sunnat-e-mu'akkadah and sunnat-e-ghayr-mu'akkadah. Sunnat-e-mu'akkadah is that which Rasulullah sallallahu alayhi wa sallam continuously carried out. To leave out such a type of sunnat is a sin and one is punished for this. However, there is no harm if one leaves it out because of some valid excuse.
Sunnat-e-ghayr-mu'akkadah is that which Rasulullah sallallahu alayhi wa sallam carried out, but also left out at times without any reason. To follow such a type of sunnat entails reward and to leave it out does not necessitate any punishment.
Tafsir: Literally means "commentary or explanation". In Islamic terminology it refers to the commentary or exegesis of the Quran.
Taqdir: Predestination. That is, whatever befalls a person, whether good or bad, has been predestined by Allah.
Tawaaf: Literally means "circumambulation". In Islam it refers to the act of walking around the Ka'bah. It is not permissible to make tawaaf of any other place irrespective of how sacred it may be.
Ta'wiz: An amulet which is generally suspended around the neck.
Tayammum: The act of purifying oneself with pure sand in the absence of water.
Ta'zias: Structures portraying the tomb of Hadrat Husayn (R.A) which are generally carried in processions during Muharram. This is an innovation and should be totally rejected.
Ulama: Plural of Aalim.
Ummat: Literally means "community or nation". Here it refers to the Muslim community or nation.
Umrah: Commonly referred to as the "lesser pilgrimage". It is similar to Hajj with the exception that many rites of Hajj are left out and that it could be performed throughout the year.
Wahi: Literally means "revelation". In Islam it refers to the revelations that were sent down to the different prophets from time to time.
Wajib: Literally means "obligatory". In Islamic jurisprudence it refers to that act which has not been established by an absolute proof. Leaving out a wajib without any valid reason makes one a fasiq and entails punishment.
Wali: Singular of auliya.
Waqf: Endowment. In Islamic law it refers to endowing a place or thing in the name of Allah.
Wudu: Literally means "purity or cleanliness". In Islamic terminology it refers to the act of washing oneself before offering salaat.
Zakaat: Literally means "purity". In Islam it refers to alms-giving or charity of a stipulated amount. It is one of the five pillars of Islam.
Zam zam: Name of a well in Makkah. The water that comes out from this well is called zam zam water. Drinking of zam zam water is included in the rites of Hajj.

Masai'il on Sadaqatul Fitr, QURBAANI - SACRIFICE, Aqeeqah, and The Method of Slaughtering an Animal by maulana ashraf ali thanvi r.a



BAHISHTI ZEWAR

Sadaqatul Fitr
QURBAANI - SACRIFICE
Aqeeqah
The Method of Slaughtering an Animal
Sadaqatul Fitr
1. Sadaqatul fitr is wajib on the following persons: (1) the person upon whom zakaat is wajib, (2) the person upon whom zakaat is not wajib but who has wealth equal to the nisaab of zakaat over and above his basic needs. This is irrespective of whether the wealth is for the purposes of trade or not and irrespective of whether he had it in his possession for a full year or not. Thissadaqah has to be given on or before the day of eid ul-fitr.
2. A person has a massive house, very expensive clothing which does not have any gold or silver lace on it, he has a few servants, he has lots of furniture and other items but does not have any jewellery, and all these items are in use. Sadaqatul fitr is not wajib on such a person. Alternatively, he has certain items which are over and above his basic needs, some of his clothing has gold or silver lace on it, and he also has some jewellery. However, all these items do not reach the nisaab of zakaat. Sadaqatul fitr is also not wajib on such a person.
3. A person owns two houses. He lives in one, and the other is either empty or given out on rent. This house is over and above his basic need. Therefore, if its value is equal to the nisaab of zakaat, sadaqatul fitr will be wajib on him. It is also not permissible to give zakaat to such a person. However, if this person is dependent on this second house, it will be considered to be a basic necessity and sadaqatul fitr will not be wajib on him. It will be permissible for him to accept zakaat and to give zakaat to him as well. In short, sadaqatul fitr is not wajib on a person who is permitted to receive zakaat and other wajib forms of sadaqah. As for the one who is not permitted to receive such charities, sadaqatul fitr will be wajib on him.
4. A person has some wealth that is over and above his basic needs. However, he is also in debt. In such a case, his debts should be deducted from his wealth. If the balance of his wealth equals the nisaab of zakaat, sadaqatul fitr will be wajib on him. But if it falls short of the nisaab, sadaqatul fitr will not be wajib.
5. Sadaqatul fitr becomes wajib at the time of fajr on the day of eid ul-fitr. If a person passes away before the entry of fajr time, sadaqatul fitr will not be wajib on him nor will it be given from his wealth.
6. It is best to give the sadaqatul fitr before going to the eid -gah. If it is not given before, there will be no harm in giving it after the eid salaat.
7. If a person gives his sadaqatul fitr before the day of eid, i.e. in Ramadaan, it will be fulfilled. It is not necessary to give it a second time.
8. If a person does not give his sadaqatul fitr on or before the day of eid, he will not be absolved from this duty. He will have to fulfil it at some time or the other.
9. Sadaqatul fitr is wajib only on oneself and not on behalf of someone else: neither on one's children, one's parents, one's husband nor anyone else.
10. If a small child receives some wealth through inheritance or some other way, and this wealth equals the nisaab, sadaqatul fitr should be given from this wealth of his. But if the child is born on the day of eid after the time of fajr sets in (dawn), sadaqatul fitr will not be wajib on him.
11. Sadaqatul fitr is wajib on those who fast in Ramadaan and also on those who missed out some fasts due to some reason or the other. There is no difference in ruling between the two.
12. If a person wishes to give wheat, wheat flour or parched, grounded wheat as sadaqatul fitr, he should give approximately one and half to two kilos. It would be preferable to give a little more than this amount. But if he wishes to give barley or barley flour, he should give double this amount, i.e. between 3 to 4 kilos.
13. If a person wishes to give any other dry grocery such as gram or rice, he should give an amount that equals the value of the amount of wheat or barley that has been mentioned above.
14. It is best to give the value of the wheat or barley in cash instead of the actual wheat or barley.
15. The sadaqatul fitr of one person could be given to one poor person or distributed among several poor persons.
16. It is also permissible to give the sadaqatul fitr of several persons to one single poor person.
17. Those who are entitled to receive zakaat are also entitled to receive sadaqatul fitr.
18. If the marriage of an immature girl is performed and she is sent to her husband's house, sadaqatul fitr will be wajib on her if she is rich. But if she is poor, we will have to see if she is old enough to serve her husband and at the same time old enough to be in his company. If she is old enough for both these things, sadaqatul fitr will not be wajib on her, her husband nor her father. But if she is not capable to do both these things, sadaqatul fitr will be wajib on her father. If she is not sent to her husband's house as yet, sadaqatul fitr will be wajib on her father irrespective of whether she is old enough to do both the above or not.
QURBAANI - SACRIFICE
There is very great merit in qurbaani. Rasulullah sallallahu alayhi wa sallam said: "During the days of qurbaani, Allah Ta'ala does not like any act more than qurbaani. In the days of qurbaani, the act of qurbaani surpasses all other acts of piety. At the time of sacrificing the animal, this noble act is accepted by Allah Ta'ala before the blood of the animal can reach the ground. Therefore, make qurbaani happily and open-heartedly." Rasulullah sallallahu alayhi wa sallam also said: "For every hair that is on the sacrificial animal, one reward is recorded for the person making the qurbaani." Glory be to Allah! Can there be a reward greater than this, that a person receives hundreds and thousands of rewards for just one single qurbaani! If a person had to count the strands of wool on a sheep from morning till evening he will not be able to complete the count. Just try and imagine the innumerable rewards for one single qurbaani. Piety demands that even if qurbaani is not wajib on a person, he should make it in order to receive such great rewards. When this day of qurbaani passes, when will one ever get an opportunity like this again, and how will he be able to receive such innumerable rewards so easily? If Allah Ta'ala has blessed a person with wealth, then apart from making qurbaani for himself, he should also make qurbaani for his relatives such as his parents who have passed away so that their souls will also be amply rewarded. One should also try and make qurbaani on behalf of Rasulullah sallallahu alayhi wa sallam, his wives, on behalf of one's spiritual guides, etc. If all this is not possible, one should at least make on one's own behalf because qurbaani iswajib on the person who is wealthy. Qurbaani is wajib on the person who is wealthy and who has been blessed with everything. If he does not make qurbaani despite all this wealth, who can be more unfortunate than him? Apart from this, he will also be regarded as a sinner.
Once the sacrificial animal has been laid down towards the qiblah, the following dua should be recited:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Thereafter he should say:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
and then slaughter the animal. After slaughtering the animal, the following dua should be recited:
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
1. Qurbaani is wajib on the person upon whom sadaqatul fitr is wajib. If the person does not have wealth which equals the nisaab of sadaqatul fitr, qurbaani will not be wajib on him. But if he makes qurbaani despite it not being wajib on him, he will be greatly rewarded.
2. Qurbaani is not wajib on a musafir.
3. The time of qurbaani commences from the day of eid ul-ad'haa, i.e. the 10th of Zil Hijjah until the sunset of the 12th of Zil Hijjah. Qurbaani could be made on any of these three days. However, the best day for qurbaani is the day of eid ul-ad'haa, followed by the 11th and then the 12th of Zil Hijjah.
4. It is not permissible to make qurbaani prior to the eid salaat. Qurbaani should be made when the people complete offering their eid salaat. However, it is permissible for those who live in the villages and on farms to make their qurbaani from the commencement of fajr time. But the inhabitants of cities and towns should make their qurbaani after the eid salaat.
5. If a city dweller sends his sacrificial animal to the village or farm, it will be permissible for this qurbaani to be made before the eid salaat even if this person is still in the city. Once the sacrificial animal is sent to the village, it becomes permissible to sacrifice it before the eid salaat. Once it has been slaughtered, the person can bring it back and consume its meat.
6. It is permissible to make qurbaani on the 12th of Zil Hijjah provided this is done before sunset. It is not permissible to make the qurbaani once the sun has set.
7. Qurbaani could be made at any time between the 10th and 12th of Zil Hijjah. One has the choice of making it at night or during the day. However, it is not good to make the qurbaani at night as there is the danger of not cutting one of the veins and thereby making the qurbaani invalid.
8. A person was a musafir on the 10th, 11th, and 12th but returned before sunset on the 12th. Alternatively, he made the intention of stopping over at a place for more than 15 days. In both cases, qurbaani will be wajib on him. Similarly, qurbaani was not wajib on a person due to his not having the nisaab which makes qurbaani wajib. However, he received some money before sunset on the 12th. Qurbaani will therefore become wajib on him.
9. It is best to make one's qurbaani with one's own hands. However, if a person cannot slaughter an animal, he should appoint someone to do so and also present himself at the time when the animal is being slaughtered. But if a woman cannot be present there due to purdah, then there is no harm in her not being present when her animal is being slaughtered.
10. At the time of slaughtering the animal, it is not necessary to make a verbal intention or dua. If the person has the intention in his heart that he is making qurbaani and thereafter makes qurbaani after having said Bismillahi Allahu Akbar, the qurbaani will be valid. But if the person remembers the dua that has been mentioned above, it will be best to recite it.
11. Qurbaani is only wajib on one's own behalf. It is not wajib on behalf of one's children. In fact, if one's immature children are rich, even then qurbaani is not wajib on their behalf - neither from one's own wealth nor from their wealth. If a person makes qurbaani on their behalf, it will be considered to be an optional (nafl) qurbaani. However, this qurbaani will have to be made from one's own wealth. Under no circumstances should it be made from their wealth.
12. Qurbaani is permissible with the following animals: goats, sheep, bulls, buffaloes, camels. The females of each could also be used for qurbaani. Apart from these, qurbaani is not permissible with any other animal.
13. It is permissible for seven people to take shares from one bull, buffalo or camel. However, the condition for this is that no person's share should be less than one seventh of the total. In addition to this, the intention of all of them should be that of qurbaani or aqeeqah and no one should have the intention of merely consuming the meat. If anyone's share is less than one seventh, the qurbaani of all seven persons will not be valid.
14. If less than seven persons share one bull, e.g. if six persons share one animal and none of their shares is less than one seventh, this qurbaani will be valid. But if eight persons share one animal, the entire qurbaani will be invalid and no one's share will be accepted.
15. A person purchased a bull for the purpose of qurbaani. At the time of purchasing the animal, he made the intention that if anyone wishes to share the animal with him he will allow them to do so. Later, a few people joined him in sharing the bull. This qurbaani will be valid. But if at the time of purchasing the animal, he did not intend sharing it with anyone else and decided to keep the entire animal for himself, then it will not be good to share the animal with anyone else. If this person does happen to share the animal with someone else, we will have to see if this person who originally purchased the animal for himself is a rich person or a poor person. If he is a rich person and qurbaani was wajib on him, it will be permissible to do so. But if he is a poor person and qurbaani was not wajib on him, it will not be permissible for him to share this animal with anyone else if he did not make the intention to do so at the time of purchasing the animal.
16. A qurbaani animal got lost. The person therefore purchased another animal. Thereafter, he found the first animal. If this happened to a rich person, the qurbaani of only one animal iswajib on him. But if this happened to a poor person, the qurbaani of both animals will be wajib on him.
17. If seven persons share one animal, the meat should be equally distributed by weighing it in the proper manner. It should not be distributed by mere estimation. If the meat is not properly weighed and there is a difference in the amount of shares, this will be regarded as interest and also a sin. However, if the head, hooves and skin are also shared, it will be permissible to give less meat to the one who received the head, feet or skin. If a person receives the same amount of meat as the others and also receives the head, feet or skin, this will also be regarded as interest and a sin.
18. A goat that is less than a year old is not permissible. When it completes a full year, qurbaani of it will be permissible. Bulls and buffaloes have to be at least two years old. Camels have to be at least five years old. Sheep that are fat and healthy and appear to be one year old and if kept with one year old sheep cannot be distinguished, then in such a case a sheep that is even six months old can be used for qurbaani. But if this is not the case, then the sheep will have to be at least one year old.
19. An animal that is blind or more than one third of it's eye sight is lost, or one third or more of it's ear is cut off, or one third or more of it's tail is cut off cannot be used for qurbaani.
20. An animal that is lame and only walks on three feet without placing the fourth foot on the ground or places it's fourth foot on the ground but does not walk with it cannot be used for qurbaani. But if it uses it's fourth foot as a support and walks in a lame fashion, it's qurbaani will be valid.
21. An animal that is extremely frail to such an extent that there is no meat on its bones cannot be used for qurbaani. But if an animal is not so frail and is merely thin by nature, then the qurbaani of such an animal will be valid. However, it is best to use an animal that is strong and healthy.
22. Qurbaani of an animal that has no teeth at all is not permissible. But if a few teeth have fallen off and a major portion of the teeth are still intact, then such an animal will be permissible.
23. Qurbaani of an animal that was born without ears is not permissible. However, if an animal has very small ears, it will be permissible to make qurbaani of it.
24. It is permissible to make qurbaani of an animal that was born without horns or an animal whose horns were broken off. However, if the horns are removed from their roots, such an animal cannot be used for qurbaani.
25. The qurbaani of castrated goats, sheep, etc. is permissible. An animal that is mangy (afflicted with a skin disease) can also be used for qurbaani. However, if this animal has become absolutely frail due to this manginess, then it cannot be used for qurbaani.
26. If an animal was purchased for qurbaani and later it developed a certain defect whereby qurbaani is not permissible, another animal should be purchased in place of this animal. However, if a poor person upon whom qurbaani was not wajib purchased such an animal, he does not have to purchase another animal. He could use the same animal that he had originally purchased.
27. The meat of qurbaani should be consumed by oneself, it should be given to one's friends and relatives, and also given to the poor and needy. It is best to give at least one third away as charity. One should not give less than one third. However, if a person gives even a very little amount to the poor, there will be no harm in this.
28. The skin of the animal could be given as it is, or one could sell the skin and give the money derived from it as charity. This money should be given to people who are entitled to receive zakaat. Furthermore, the same money that one received for the skin should be given. It is not good for a person to use that money for some other purpose even if he gives that same amount at a later time. However, if he does so, his obligation will be fulfilled.
29. The amount received for the skin cannot be used for the upkeep of a musjid or any other noble deed. It will have to be given in charity.
30.The qurbaani skin could be used for one's personal use, e.g. it could be used to make a water bag, leather socks, musallah, etc.
31. No meat, fat or scraps of meat should be given to those who help in the skinning and cutting of the animal as a form of payment. They should be paid separately for the work which they have done.
32. The strings, ropes, chains, etc. of qurbaani should be given in charity.
33. Qurbaani was not wajib on a person. However, he purchased an animal with the intention of qurbaani. Qurbaani now becomes wajib on him.
34. Qurbaani was wajib on a person. However, he did not make qurbaani so much so that the three days of qurbaani also expired. He should therefore give the value of one goat or sheep in charity. But if he bought a goat and did not sacrifice it within those three days, he should give that very goat as it is in charity. That is, he should give it without slaughtering it.
35. A person took an oath that if a certain work of his is fulfilled, he will make a qurbaani. If his work is fulfilled, qurbaani will become wajib on him irrespective of whether he is a poor or a rich person. The meat of such a qurbaani will have to be given to the poor. The person cannot consume it himself nor can he give it to any rich people. If he happens to consume some of that meat or gives some to any rich person, he will have to give that same amount in charity again.
36. If a person makes qurbaani on behalf of a dead person out of his own will in order to send the rewards to the deceased person, it will be permissible for this person to consume the meat himself, feed others, and also distribute it to whomsoever he wishes. In other words, he can use it as he would with his own qurbaani.
37. However, if a deceased person had made a bequest that qurbaani be made on his behalf from his wealth, and qurbaani was made according to this wish of his, it will be wajib to give allthe meat in charity.
38. If a person is not present and someone makes qurbaani on his behalf without his orders, this qurbaani will not be valid. And if a share was included in an animal on behalf of a person without his orders, the qurbaani of all the other shares will also not be valid.
39. If a person gives his animal to someone to take care of it, this animal does not fall under the ownership of this person who is taking care of it. It remains under the ownership of the original person. Therefore, if a person purchases this animal from the person who is taking care of the animal, the qurbaani will not be valid. If one wishes to purchase such an animal, one should go to the original owner.
40. There are several persons sharing one animal and they do not wish to divide the animal among themselves. Instead, they decide to distribute the entire animal among the poor, friends, relatives, or wish to use it for cooking and feeding. It will be permissible for them to do so. However, if they wish to distribute it amongst themselves, they will have to do so justly and on an equal basis.
41. It is not permissible to give the value of the skin as a form of payment to anyone because it is necessary to give it in charity.
42. It is permissible to give the meat of qurbaani to non-Muslims on condition that it is not given as a form of payment.
43. The qurbaani of a pregnant animal is permissible. If it's young one comes out alive, it will be necessary to slaughter it as well.
Aqeeqah
1. When a boy or girl is born to a person, it is preferable to name the child on the seventh day and to make aqeeqah. By making aqeeqah, the child is safeguarded from all types of dangers and calamities.
2. The method of aqeeqah is that if a boy is born, two goats or two sheep should be slaughtered. If a girl is born, one goat or one sheep should be slaughtered. Alternatively, if one wishes to take a share in a bull that is being slaughtered for qurbaani, then two shares should be taken for a boy and one share for a girl. Furthermore, the child's head should be shaved, the hair should be weighed, and gold or silver equal to the weight of the hair should be given in charity. If one wishes, saffron could be applied to the child's head.
3. If one does not make the aqeeqah on the seventh day, one should bear in mind the seventh day (when making the aqeeqah in the future). The method of calculating the seventh day is that the day that the child is born, aqeeqah should be made the following week but one day before that. For example, if the child is born on a Friday, aqeeqah should be made on the following Thursday. If the child was born on a Thursday, aqeeqah should be made on the following Wednesday.
4. The custom of slaughtering the animal at the exact time when the barber places his shaving machine on the child's head is nothing but a useless custom. According to the Shariah, it is permissible to slaughter the animal either before shaving the head or after. It is not good to insist on following customs that have no basis in the Shariah.
5. The animal that cannot be used for qurbaani cannot be used for aqeeqah as well. If an animal is permissible for qurbaani, it will be permissible for aqeeqah as well.
6. The meat of aqeeqah could be distributed raw, cooked, or it could be prepared as a meal and people could be invited to join in the meal.
7. It is permissible for the parents, grand parents, etc. to consume the meat of aqeeqah.
8. A person does not have sufficient wealth. He therefore makes aqeeqah of only one animal on behalf of his son. There is no harm in doing so. If a person does not make aqeeqah at all, there is no harm in this as well.
The Method of Slaughtering an Animal
1. The method of slaughtering an animal is that the animal should be placed on the ground with the face towards the qiblah. The person should take a sharp knife, recite Bismillahi Allahu Akbar and cut the neck of the animal in such a manner that four veins (or passage ways) are cut off. They are: the air passage, the gullet, and the two jugular veins which are on either side of the gullet and the air passage. If only three out of these four are cut, the slaughter will be valid and the animal will be halaal. If only two of the four are cut, the animal will be considered to be dead and it will not be permissible to consume the meat of such an animal.
2. At the time of slaughtering the person intentionally did not take the name of Allah Ta'ala. The animal will be considered to be dead and it will be haraam to consume it. But if a person forgets to take the name of Allah Ta'ala, the animal will be halaal.
3. It is makruh to slaughter an animal with a blunt knife as this causes much suffering to the animal. It is also makruh to begin skinning, cutting, breaking the hands and feet of the animal before it can become cold (meaning, before it can become lifeless). Similarly, it is makruh to continue cutting the animal's neck after having cut the four passage ways.
4. At the time of slaughtering a fowl, it's entire neck got cut off. It is permissible to eat such a fowl, and not makruh. However, it is makruh to slaughter the fowl in such a manner, although consuming it is not makruh.
5. Slaughtering of an animal by a Muslim is permissible under any condition. This is irrespective of whether the Muslim is a male, a female, in a state of purity or in a state of impurity. In all conditions, an animal slaughtered by a Muslim is halaal. An animal slaughtered by a non-Muslim is haraam.
6. It is permissible to slaughter an animal with any sharp object such as a sharp stone, a sharp cane, a sharp bamboo, etc.

WHAT IS ‘UDHUIYA’ (QURBANI)?


WHAT IS ‘UDHUIYA’ (QURBANI)?
INTRODUCTION
Udhiya’ is an Arabic word meaning "blood sacrifice", and ‘Qurbani’ is an Urdu and Persian word derived from the Arabic word "Qurban" which literally means an act performed to seek Allah’s pleasure. It is technically used for the sacrifice of an animal slaughtered for the sake of Allah.
The sacrifice of an animal has always been a recognised form of worship in many religions, but in the ‘Shariah’ (Islamic sacred law) of our beloved Prophet  the sacrifice of an animal has been recognised as a form of worship only during the three days of the month Zulhijjah, namely the 10th, 11th, and 12th .
Allah Ta’ala says in the Noble Quran:
"Verily, We have granted you (O Muhammad  ) Al- Kauthar (a river in paradise),
So pray on to thy lord and sacrifice. For he who makes you angry will be cut off."
(Surah 10
"And the camels! We have appointed them among the ceremonies of Allah, therein ye have good!"
Of all of the physical and spiritual worships the greatest is ‘salaah’, and among the worships concerning wealth, sacrifice holds a distinguished position, because the original spirit of sacrifice was to sacrifice the soul. The replacement of an animal was made due to some reasons, as it is clear from the story of Hazrat Ibrahim   and Hazrat Ismail  . That is why in other places in the Quran the mention of ‘salaah’ is made together with ‘Qurbani’. (Tafseer-E-Usmaani)
WHAT IS THE ORIGIN OF ‘QURBANI’?
This act of ‘Udhiya’ is to commemorate the unparalleled sacrifice offered by the Prophet Ibrahim  . When he, in pursuance to a command of Allah Ta’ala conveyed to him in a dream, prepared himself to slaughter his beloved son Ismail   and actually did so, but Allah Almighty after testing him of his submission, sent down a ram and saved his son from the logical fate of slaughter. It is from that time onwards that the sacrifice of an animal became an obligatory duty to be performed by every well to do Muslim.
Concerning this incident the Glorious Quran says:
"And when he attained the age of running with him (Ibrahim ), he said: "O my son verily I have seen in a dream that I am slaughtering thee, so look, considerest thou?" He said: "O my father! Do that which thou art commanded, thou shalt find me, Allah willing, of the patients."
"Then when the two submitted themselves and had prostrated him on his temple."
"We cried unto him: "O Ibrahim! Of a surety thou hast fulfilled the vision. Verily We! That was a trial manifest. And We ransomed him with a mighty victim. And We left for him among the posterity. Peace be unto Ibrahim. Verily We! Thus we compense the well doers. Verily he was one of Our believing bondsmen." (37:102-111)
Thus this very incident is also the origin of ‘Takbeer-e-Tashreeq’.
Eminent jurispudents have stated that the origin of the ‘Takbeer-e-Tasreeq’ is when the Prophet Ibrahim   made Hazrat Ismail   lie down, Allah ordered Hazrat Jibraeel   to take along a ‘fidyah’(ransom) and when Hazrat Jibraeel   arrived there, he feared that Hazrat Ibrahim   would slaughter Ismail   and so he began shouting "Allah Akbar, Allah Akbar."
Hearing his voice, Prophet Ibrahim   took it as a glad tiding and exclaimed, "Laa ilaaha allallahu wallahu akbar."
Hazrat Ismail   also came to know that the ‘fidyah’ arrived and he got up saying, "Allahu akbar wa lillahil hamd," and began to eulogise and thank Allah.
WHAT IS THE PHILOSOPHY OF ‘QURBANI’?
Mufti Muhammad Taqi Uthmaani states that the philosophy behind ‘Udhiya’ is that it is a demonstration of total submission to Allah and a proof of complete obedience to Allah’s will or command. When a Muslim offers a ‘Udhiya’ this is exactly what he intends to prove. Thus, the ‘Udhiya’ offered signifies that he is a slave of Allah at his best. And that he would not hesitate even for a moment once he receives an absolute command from his Creator to surrender before it, to obey it willingly, even if it be at the price of his life and possessions.
This is exactly what the Prophet Ibrahim  did.
Apparently, there was no reason why a father should slaughter his innocent son. But, when the command came from Allah, he never asked the reason to that command, nor did he hesitate to obey it.
This is the true philosophy of ‘Qurbani’.
VIRTUES OF ‘QURBANI’ (UDHIYAH)
The virtues of ‘Udhiya’ are established from the following ‘Ahadith’ (Traditions).
Hazrat Anas  reported that the Messenger of Allah   sacrificed with his own hands, two white rams with black markings. He took the name of Allah and recited ‘Takbir’. Hazrat Anas   states that he saw him putting his foot upon their buttocks and saying: "In the name of Allah. And Allah is the greatest". (Sahih Bukhari ,Sahih Muslim)
Note: We learn from this Hadith that one should try to make sacrifice with his own hands. If the Prophet   can sacrifice by his own blessed hands at the age of sixty, why can’t our young generation follow in his footsteps? If one cannot do so, he should at least be present at the time of slaughter.
Hazrat Jaber  reported that the Messenger of Allah   slaughtered on the day of sacrifice two horned, white and black castrated rams. When he faced them towards the Qibla, he said: "Verily I turn my face towards the One who created the heavens and the earth, upon the religion of Abraham, being upright, and I am not one of the polytheists. Verily my prayer, my life and my death are all for Allah, the Lord of the worlds. There is no partner with him and I have been ordered that, and I am one of the Muslims. O Allah, it is Thine and for Thee, from Muhammad  and his Ummah: In the name of Allah. Allah is the greatest". He then slaughtered the rams.  (Ahmed, Abu Daud, Ibne Majah)
Hazrat Ayesha radiyallahu anha reports that the Apostle of Allah   said, "The son of Adam does not perform any actions on the day of sacrifice which is more pleasing to Allah than the shedding of blood. He will come on the day of resurrection with its hair, horns and hooves, and the blood certainly will fall in a place near Allah before it falls on the ground. So, make yourselves purified there with.  (Tirmizi, Ibn Majah)
  Hazrat Zaid bin Arkam   reports that the Companions of Rasulullah   asked him: " Ya Rasulullah, what is this sacrifice?" He said: "it is the way of your fore father Ibrahim  ." They asked: what (reward) is for us therein?" He replied: "There is a reward for every hair (i.e. the reward for meat and useful parts of the animal’s body will be very lofty in merit, but there will also be a great reward for the parts which are useless and thrown away such as the hair)."
They asked: "For the wool, Ya Rasulullah?" He replied: "There is one reward for every strand of wool."  (Ahmed, Ibn Majah)
WHO IS OBLIGED TO OFFER THE SACRIFICE?
‘Qurbani’ is ‘wajib’ (compulsory) according to Imam Abu Hanifah (and sunnat-e-muakkadah according to other Imams) upon every ‘mukeem’ (domiciled) and who possesses 613.35 grams of silver or its equivalent in money, personal ornaments, stock in trade or any other form of wealth which is surplus to his/her basic needs. Each adult member of a family who possesses that much wealth must perform his/her own ‘Qurbani’ separately.
Hazrat Ibn Umar   reports that the Messenger of Allah   lived in Madinah Munawarah for ten years and performed ‘Qurbani’ every year.  (Tirmizi)
Note: Despite the fact that the Prophet   was not obliged to sacrifice as he never possessed the required amount of wealth, he still did so as can be conceived from the above Hadith.
CAN A SACRIFICE BE MADE ON BEHALF OF SOMEONE ELSE?
A sacrifice can be made on behalf of others such as minor offspring. This offering is not ‘wajib’ (compulsory) but is ‘mustahab’ (desirable). Similarly if one decides to sacrifice on behalf of the spouse or a father decides to sacrifice on behalf of an adult offspring (apart from offering his/her own ‘Qurbani’) can do so with their permission. A sacrifice can also be made on behalf of a deceased Muslim. This can be classified into three categories:
  • 1-  If the deceased had made a will for a sacrifice then, it is permissible to sacrifice to fulfil the will but is incumbent to give all the meat of the sacrificed animal to the poor and needy (those who are entitled to receive ‘Zakaat’). ("Vide Shami" vol.5 p293)
  • 2-  Whether or not the deceased had made this will, his/her relative or friends can make a ‘nafl’ (voluntary) sacrifice from their own money; the meat of this sacrificed animal can be partaken by the rich and poor alike.
  • 3-  One may make a voluntary sacrifice from one’s own wealth for the deceased persons and this meat can partaken by all, rich and poor.
If ones intention is of mere remittance of recompense to a dead person then it will be superior to slaughter an animal during the Days of ‘Nahar’ instead of giving money in charity. This is because reward is attained both for spending wealth and for sacrificing.
In a ‘Hadith’ it is stated.
 Hazrat Hanash   reported: I saw Hazrat Ali   sacrificing two rams. I asked him, "What is this?" He said: "Verily the Messenger of Allah   left instruction to me to sacrifice on his behalf, and so I am sacrificing on his behalf.  (Tirmizi, Abu Daud)
Note: Rasulullah   is so generous that he had sacrificed on behalf of his whole ‘Ummah’ and we see here Hazrat Ali   sacrificing for Rasulullah   after he has passed away. We learn from this that we should also put a share of Rasulullah   in our sacrifice.
IS IT PERMISSIBLE TO PARE NAILS AND CUT HAIR BEFORE THE SACRIFICE?
This could be understood from the following ‘Hadith’:
Hazrat Umm-e- Salama radiyallahu anha reports that the Apostle of Allah   said, "Whoever sights the crescent moon of ‘Zul-Hijjah’ and is intending to make a sacrifice should refrain from cutting his bodily hair and paring his nails".  (Muslim)
Thus after sighting the ‘Zul-hijjah’ crescent, it is desirable for a man intending to make a sacrifice to refrain from cutting the hair of his body and paring his nails till he has slaughtered the animal. This is because he is making a sacrifice in lieu of the sacrifice of his own life. Each part of the sacrificial animal is in lieu of each part of his own body.
The Holy Prophet   has given this order that no part of his body may be absent at the time of the descent of divine mercy. If more than forty days have passed one should not be idle in removing unwanted hair, nails, etc, in order to save oneself from ‘karaahat’ (abomination).
WHAT IS THE BEST MANNER OF OFFERING IT?
It is preferable that one selects on animals oneself, nourishes it and becomes familiar with it, as this animal is to become the means great recompense and not only that, but it is a substitute for the sacrifice of ones own child.
IS A SACRIFICE CARRIED OUT IN ANOTHER PLACE VALID?
As for getting the ‘Qurbani’ done in other places one deprives oneself from all the aforementioned blessings. If it is carried out on account of some ‘Uzr’ (disability) or legal expediency, one can hope for the whole or even more reward for it all depends on the correct method and intention. One can also organise sacrifice at ones native land in order to fulfil the rights of ones relatives.
WHAT IS THE RULE REGARDING THE MEAT?
Although the person offering a Qurbani can keep all its meat for his own use, yet it is preferable to distribute one third among the poor, another one third among his friends and relatives, and then keep the rest for his personal consumption. Thus, if possible, one should eat its meat on the very day.
IS IT PERMISSIBLE IN THE SHARIAH TO MAKE THE ANIMAL UNCONSCIOUS BY GUN OR CURRENT BEFORE SLAUGHTERING IT?
There are a few grave defects in this so-called humane method of slaughtering. This has been explained in great detail by Hazrat Aqdas Hakeemul-Ummah, Mujadid –ul-Millah, Moulana Ashraf Ali Sahed Thanwi (May Allah fill his grave with light), in his book Imdadul-Fatawaa and also the Mufti of Mazahirul- Uloom, Sahranpoor. I briefly mention the details of this. This method is not permissible in any circumstance whatsoever.
It is the Muslims ‘fardh’ and duty that they do their best in putting an end to this means of slaughtering and that they never slaughter in this manner again.
1. The jurists have clarified that it is prohibited to inflict pain to an animal when there is no benefit in doing so. It is stated in the book Dur-ul-Mukhtar:
"Any sort of pain infliction, which is of no benefit, is ‘makrooh’ (undesirable), for example; the cutting off the head and the skinning of the animal before the animal becomes still i.e. ceases to shake and shiver."
Since the aforementioned blow is not sufficient for slaughtering, therefore, it obviously is a means of hurting the animal without there being any benefit in doing so and this is prohibited in the ‘Shariah’. If anyone were to say that by this method no pain comes to the animal, but in fact it helps in discharging the blood from the body and it also idles the senses, then this is not true. The reason for this is that before it became unconscious the senses of the animal had been sound and after unconsciousness the breaking of the senses is not certain. It is possible that with the use of this instrument the movement becomes still, yet the senses remain sound. This is also stated in the book Dur-ul-Mukhtar:
  "The nullification of the senses is not necessary for the inactivity of movement."
It is apparent that in the state of the senses remaining sound the use of this instrument will be means of no pain.
2. The ‘Shariah’ has stated that the purpose of slaughtering is to discharge flowing blood. It is obvious that, when conscious, the natural health of the body will be stronger, and further more, this is also evident that the discharging of flowing blood is an act of the healthy body. Hence the stronger the body health the more blood will be discharged. Thus, the purpose of the ‘Shariah’ will be fulfilled to a greater extent. Therefore, to cause less blood to discharge by weakening the body health purposefully is not permissible in the ‘Shariah’, as it leads to opposing the purpose of slaughtering.
 3. The third point which is the most detestable, when the first two are disregarded, is enough to clarify its impermissibility. This is that the person who carries this out will believe that this manner of slaughtering is more commendable than the way shown by the ‘Shariah’ (where the animal is not made unconscious). In respect of this he will think the method (of slaughtering) shown by the ‘Shariah’ as being inferior and defective, and to give priority to invention over revelation is close to ‘kufr’. Allah knows best and He is The Most Wise.
IF QURBANI WAS NOT OFFERED IN THE SPECIFIED DAYS IS THERE ANY SUBSTITUTE?
If somebody out of his/her ignorance and negligence, did not offer ‘Qurbani’ on the three prescribed days (10th, 11th and 12th ‘Zulhijjah’) they should then give the price of the ‘Qurbani’ as ‘sadaqah’ (alms and charity) This does not mean that Sadakah is an alternative, this will only be the case when it is not offered on the prescribed days, thus there is no alternative to ‘Qurbani’ in the prescribed days.
CONCLUSION
Finally I end by quoting the following ‘Hadith’:
Hazrat Abu Hurairah   reports that the Apostle of Allah   has said : "Whoever has the capacity to sacrifice and does not do so, should not come to the place where the Eid prayer is offered." (Ibn Majah). Hence we can understand the importance of ‘Udhiya’ from the above ‘Hadith’, therefore each and every Muslim who is obliged should offer it, and if possible within their domicile. This will not only create an atmosphere of ‘Eid’ and ‘Qurbani’ in the community but will also serve as a lesson for generations to come.