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Can you please explain with evidence or with principles of a Musaafir in the Hanafi Madhhab.

Answered as per Hanafi Fiqh by Askimam.org

Issues regarding travel. I live in the U.K. If I travel to Bangladesh and I reside in a place called Dhaka for 2 months and unexpectedly I travel to a place about 300 miles away called Noakhali, of course I am a Musaafir there but when I return (to Dhaka) and my flight back to England is in less that 2 weeks am I a Musaafir at Dhaka? Can you please explain with evidence or with principles of a Musaafir in the Hanafi Madhhab. This is because I am confused whether my intention of staying there for two months made me a Muqeem. What if it was a year ? would I then become a Muqeem even if I don’t remain in that single place for more than 15 days? Jazakumullah.

Answer

The following principles should be understood:

1. When you enter a town intending to stay for 15 days or more, you are a muqeem in this town as it is your watanul Iqamah and you would thus perform full salah.

2. If you leave this town without intending to return, i.e. by taking your possessions and family with, then this town now ceases to be your watanul Iqamah. If you then perchance happened to return to it, you would be a musafir there.

3. If you left this town, with the intention of returning, i.e. you left behind your family members and/or possessions, then this town remains you watanul iqamah and when you return to it you would be a muqeem.

4. When you leave your watanul Iqamah (with the intention of returning), intending a journey of 88 kilometres, then you would be a musafir on the journey, as well as any place you stop at for less then 15 days.

5. If you left your watanul Iqamah (with the intention of returning), intending a journey of 88 kilometres, then you would be a musafir on the journey and if you stop over for 15 days or more at a place then you would be a muqeem at this place. If you then leave this place and came back to your original watanul asli, where your possession are, then you would be a muqeem here as well.

Thus in your question, as Dhaka is your place of residence and your leaving it was with the intention of returning, thus when you return to Dhaka you would be a muqeem.In Noakhali, if you stayed there for less than 15 days you would be a musafir otherwise a muqeem. (See Ahsanul Fatawa Vol.4 Pg.107-120)

and Allah Ta’ala Knows Best

Ml. Husain Kadodia
STUDENT: Darul Ifta

CHECKED & APPROVED: Mufti Ebrahim Desai

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