i wanted to ask if we’ve to recite surah-e-fatiha while praying behind imam or not, like in zuhr and asar the imam recites the surah silently so are we also to recite it and in magrib and esha prayers are we to recite surah-e-fatiha in 3rd and 4th rakah

Answered according to Hanafi Fiqh by Askimam.org

1) Firstly i wanted to ask if we’ve to recite surah-e-fatiha while praying behind imam or not, like in zuhr and asar the imam recites the surah silently so are we also to recite it and in magrib and esha prayers are we to recite surah-e-fatiha in 3rd and 4th rakah  (can u please explain this regardin different maslaks(sects/ shafi ,hanfi etc) )

2) I’ve recently started to practice islam more the problem i m facing is that i’ve given up listenin to songs and every1 in my house listens to songs and they keep watchin programs and songs on tv in loud voice and whenever i go with them in car somewhr they just wont stop listenin to songs and i now ALHAMDULILLAH dont listen to songs anymore but what am i suppose to do in such condition ?

3) I had a debate with a friend on mine regardin cutting/shaving of public hair. I wanted to know if it is necessary to cut/shave all the hair which group below belly button ie exactly from below belly button and beyond genitals till hair which grow around excretion opening. Or is it only necessary to cut/shave pubes and scrotum. plz explain

Answer

In the name of Allah, Most Gracious, Most Merciful

Assalaamu `alaykum waRahmatullahi Wabarakatoh

1.  

Allah Ta’ala states in the Holy Quran:

“When the Quran is recited, then listen attentively to it and remain silent so that mercy be shown to you.” [Surah I’raaf, Ayah 204]

According to Imam Abu Hanifah Rehmatullah alayh, the Muqatadi (person following the Imam in salah) must neither recite Surah Fatiha nor any other Surah.  The above verse regarding listening attentively and remaining silent applies to the person performing salah as well as to others. 

Muslim (Vol.1, Pg.174) reports an authentic Hadith in which Rasulullah Sallallahu alayhi wasallam said, “Remain silent when the Imam is reading.”  Not only did Imam Muslim Rehmatullah alayh report this Hadith, but he specifically mentioned that it is authentic; the general context will include those salaahs in which the recitation is audible as well as those in which it is silent.

According to Imam Ahmad (Rehmatullah alayh) it is not wajib (compulsory) to recite neither Surah Fatiha nor any other Surah in salah while following an Imam. 

According to the old ruling of Imam Shafi’ee (Rehmatullah alayh), it will be waajib for a person to recite form the Quran behind the Imam in such a salah wherein the recitation is silent (sirri).  However, in the audible salaahs (jahri), recitation will not be wajib.  According to his revised opinion, it will be wajib to recite in both types of salaah (jahri and sirri).

Imam Malik (Rehmatullah alayh) and Imam Ahamad (Rehmatullah alayh) maintain that recitation of the muqtadi is not fardh, but in certain situations, it will be optional.

When the rewards for salah are distributed on the Day of Judgment, they will not be asked whether those who did not perform salah according to their opinion should enter Jannah or not.

[REFERENCE: Anwaarul Bayaan/ Illuminating Discourses on the Noble Quran p.g 101-103, vol. 4]

The following deals with this issue in details:

The Hanafi school of thought:

In the opinion of Imam Abu Hanifa Rehmatullah alayh, Abu Yusuf Rehmatullah alayh, and Imam Muhammad Rehmatullah alayh, under all circumstances—be it jehri salaah or sirri salaah, and whether the muqtadi (follower) is listening to the Imam’s qirat (recitation) or not—it is not jaiz (not permissible) for the muqtadi to recite Surah Fatiha behind the Imam; in fact it is makrooh tehreemi. 

Sahib Hidayah mentions that Imam Muhammad relates it is ‘good’ for the muqtadi to read Surah Fatiha in silent prayers (sirri salaah).  However, Durr Mukhtaar refutes this report as follows:

“Qirat should not be recited by the Muqtadi at all.  There is unanimous agreement (bil-ittifaaq) that one must not recite Surah Fatiha in silent prayers (sirri salaah).  The report which has been attributed to Imam Muhammad Rehmatullah alayh is weak (dha’eef).  Ibn Humaam describes in detail: it is makrooh tehreemi for the muqtadi to recite qirat.  However, according to the most authentic view, salaah will be correct.”

Durr Bihaar relates from the Mabsoot of khawaaharzada that the salaah will become faasid, and the Muqtadi who recites qirat will become faasiq (sinful).  Numerous Sahaabah kiraam have related it as ‘fasaad’, due to which greater caution lays in it being unlawful (i.e. in ‘adamejawaaz).  Therefore, when the Imam recites qirat loudly, then the Muqtadi (followers) should listen; and when the Imam recites qirat silently, then the Muqtadi should not speak.  The proof of this is stated in a Hadith:

Hadrat Abu Hurayrah Radiyallahu anhu reports that we would recite qirat behind the Imam; thereafter, an Ayat was revealed “When the Quran is recited, listen to it and remain silent.”

Allamah Shaami writes in his haashiya (marginal notes):

         Sahib Durr Mukhtaar wrote “fis-sirriyyah” from which it is automatically understood that in loud prayers (jehri salaah) qirat is prohibited (mamnoo’). 

         And ‘bil-ittifaaq’ refers to the agreement of Aimma-thalaatha (the three Imams).

         And the report attributed towards Imam Muhmmad Rehmatullah alayh means that it is istihbaab to read Surah Fatiha in silent salah as a precautionary measure (ehtiyaatan). 

         And the result of Allamah Ibn Humam’s Rehmatullah alayh contradiction was that Imam Muhammad says in Kitaabul aathaar that we do not deem qirat permissible behind an Imam in any salaah at all, whether it is jehri (loud) salah, or sirri (silent) salaah.  And to say there is caution (ehtiyaat) in it is not worthy, for caution (ehtiyaat) is in not reiciting qirat, because that is acting upon the stronger of the two daleel (proofs).  Also, numerous Sahabah kiraam have related that salah becomes faasid by reciting qirat, therefore it is unlawful (which holds the stronger view).  [Shaami, p.402, v.1]

 

The Maliki school of thought:

 

According to Imam Malik Rehmatullah alayh, it is also makrooh for the muqtadi to recite Surah Fatiha in jehri salaah (loud prayers)—whether or not the muqtadi is listening to the Imam’s qirat.  And it is mustahab (desirable) to read Surah Fatiha in sirri salaah (silent prayers).  It is stated in Kitaabul Fiqh ‘alal mazaahib al-arba’ah:

“Maliki say that it is makrooh for the muqtadi to recite qirat in jehri salaah even if one is not listening to the Imam’s qirat or if the Imam has paused/silenced.” [vol.1, p.254]

It is stated in Sharah Sagheer of Allamah Dardeer that:

“The fourth fardh of salah for the Imam and individual is to recite Surah Fatiha, but not for the muqtadi because the Imam undertakes the responsibility of reciting Fatiha on behalf of the muqtadi.”

“Silent qirat behind an Imam in a sirri salah (silent prayer) is Mustahab (desirable), and also in the last rakat of Magrib, and in the last two rakats of Isha.”

 

The Shaf’iee school of thought:

 

Imam Shafi’s former opinion was that Surah Fatiha is not wajib upon the muqtadi in jehri namaz.  Nevertheless, during the last stages of his life, two years before his death whilst in Egypt, Imam Shafi told his new opinion that it is wajib upon the muqtadi to recite Surah Fatiha in a jehri salaah.  And according to the Shawaafi’, fatwa is upon this new opinion.  As for sirri namaaz (without any contradictory opinions) it is wajib upon the muqtadi to recite Surah Fatiha.  It is written in Muhazzab:

“Is it wajib upon the Muqtadi to recite Fatiha?  In this series, it will be observed that…

§         If it is sirri salaah, then Fatiha is wajib

§         If it is jehri salaah then there are two opinions: 

§         Imam Shafi has said in Kitaablul-Umm and Buwaytee that it is wajib

§         And Imam Shafi’s old opinion is that the muqtadi should not recite qirat.  Imam Nawwi says that we have mentioned earlier that our mazhab is that “Fatiha is wajib upon the muqtadi in all rakaats of both sirri (silent) and jehri (loud) salaah; and this is the correct mazhab in our opinion.”

The Hanbali school of thought:

In the opinion of Imam Ahmad Ibn Hanbal, if the muqtadi is listening to the Imam’s qirat in jehri salaah, then it is not jaiz to read Fatiha.  And if the muqtadi is so far that the Imam’s recitation cannot be heard, then it is jaiz (permissible) to recite Fatiha.  Furthermore, it is mustahab (desirable) to recite Fatiha in sirri salaah and between the Imam’s silent-pauses in jehri salaah. It is written in Mukhtasar al-kharqi:

“When the Muqtadi is listening to the Imam’s qirat, then he should not read Surah Fatiha or any other Surat; whereas, to recite in between the Imam’s silent-pauses and in sirri salaah (silent prayers) is Mustahab (desirable).  Hence, if the Muqtadi did not recite Fatiha, his salaah is complete because ‘for whosoever is an Imam; the Imam’s qirat is also his qirat’.  And if the Muqtadi is not listening to the qirat due to distance, then one should recite Surah Fatiha.”

 

[REFERENCE: Adalla-e-Kaamila yani ghair muqallidoun kai 10 sawaalaat aur unkai tehqeeqi jawaabaat, by Shaikul-Hind Hadrat Moulana Mehmud Hasan Sahib Deobandi, P.g 60-64]

Ahadith/ Narrations:

Regarding this issue, two types of Hadith have been mentioned.

1.      Those Hadith from which we understand that a muqtadi can recite Fatiha.

2.      Those Hadith from which we understand that a muqtadi should not recite Fatiha, instead he should remain silent.

 

The Statements of the Sahaabah Radiayallah anhum About Not Reciting Behind the Imam

When Hadhrat Ata bin Yasaar (A.R) enquired from Hadrat Zaid bin Thaabit (Radiyallahu anhu) concerning reciting behind the Imam, he replied, “There is  no recitation whatsoever behind the Imam.” [Muslim, vol. 1, pg. 410]

Hadrat Jabir Radiyallahu anhu mentioned, “There is no salaah for him who does not recite Surah Fatiha in salaah, except for the one who performs salaah behind an Imam (he will not even recite Surah Fatiha when following the Imam)” [Tirmidhi].  Imam Tirmidhi (Rehmatullah alayh) says that this Hadith is Hasan and that from this Hadith Imam Ahmad ibn Hanbal (Rehmatullah alayh) deduced that the salah of the person who does not recite Surah Fatiha will not be valid when he performs salah individually.

Imam Tahaawi (Rehmatullah alayh) has narrated from Hadrat Ali Radiyallahu anhu that the person who recites the Quran while following the Imam is not a follower of the natural Deen. 

Hadrat Abdullah bin Mas’ood (Radiyallahu anhu) is reported to have said, “Remain silent for the recitation of the Quran because salaah is an occupation and the Imam will suffice for you.”

Hadrat Abdullah bin Mas’ood (Radiyallahu anhu) is also reported to have said, “If only the mouth of that person who recites while behind the Imam is filled with soil.”

Abu Jamra (A.R) asked Hadrat Abdullah bin Abbas (Radiyallahu anhu) whether he should recite the Quran while behind the Imam.  He replied in the negative.

Hadrat Abdullah bin Umar (Radiyallahu anhu) never recited Quran behind the Imam and when it was asked of him whether one should recite, he replied, “When any of you perform salaah behind an Imam, then the recitation of the Imam will suffice for him as well.”

These Hadith together with the Quranic verse in Surah I’raaf “When the Quran is recited, then listen attentively to it and remain silent so that mercy be shown to you” establish the rule that the Muqtadi should listen to the Imam’s qirat and keep silent.

[REFERENCE: Anwaarul Bayaan/ Illuminating Discourses on the Noble Quran p.g 101-103, vol. 4]

It is compulsory for a muqallid (adherent of a particular madhab) to follow the ruling of his madhab. He cannot do as he likes.

 

2. 

Imran ibn Husayn said, “The Prohet Sallallahu alayhi wasallam said, ‘Some people of this Ummah will be swallowed up by the earth, some will be transformed into animals, and some will be bombarded with stones.’  One of the Muslims asked, ‘When will that be, O Messenger of Allah?’ He said, ‘When singers and musical instruments will become popular, and much wine will be drunk’” (Tirmidhi).  [The Signs Before the Day of Judgement, by Ibn Kathir]

Alhamdulillah, you have taken a great step towards Deen by ceasing the habit of listening to music. It has been mentioned in a Hadith: “Songs make hypocrisy grow in the heart just as water makes crops grow” (Bayhaqi, Shu’ab al-iman)

Listening to [instrumental] music is clearly prohibited in Islam. 

Imam Tirmidhi has narrated on the authority of ‘Ali Radiyallhu anhu that he Messenger of Allah Sallallahu alayhi wasallam said, “When my  nation adopts fifteen traits, trials will descend upon them—among these traits are taking to songstresses and musical instruments” (Qurtubi, al-Jami’ li ahkam al-Quran 14:51-53)

In a Hadith, the Messenger of Allah Sallallahu alayhi wasallam said, “There will be people in my nation who will seek to make lawful fornication, silk, intoxicants, and musical instruments”. (Bukhari)

As for listening to musical instruments… it is prohibited and an act of disobedience…If someone happens to hear it accidentally, then there is no sin on him.  He must, however, do all he can to avoid it, since it has been narrated that the Messenger of Allah Sallallahu alayhi wasallam inserted his fingers into his ears when he heard it” (Al-Durr al-mukhtar 5:223) 

[Reference: Provisions for the Seekers, translated by Abdur Rahmaan ibn Yusuf, pg. 35-36; Zaadut-taalibeen]

Your sacrifice and the difficulty/ hardships you undergo for abstaining from this sin is great and a means of immense reward.  However, the fact that you are surrounded by a musical environment is highly dangerous.  Human beings are easily influenced by their company.  Therefore, it is important for you to advise your family towards Deen.  Make dua continuously for a change among them and try to bring their focus upon Islam through religious advice and wisdom.  Most importantly, don’t let them influence you; you must influence them about music.  Avoid all means to travel in such cars or go to such places where music is blasting as much as possible.  If unable to do so, keep a CD player with you and listen to Quran or Islamic nasheeds on headphones.  May Allah keep you steadfast upon Deen and guide everyone upon the straight path. Ameen

3. 

The Fuqahaa have mentioned that it is necessary to remove the pubic hair that appears above the private parts as well. (Sharah al-Nawawi ala Muslim Vol. 3-4 Pg. 140 Darul Ma`rifah)

If the hair on the scrotum, penis and around the anus can be removed without difficulty, then it is highly preferable to do so.  (Sharah al-Nawawi ala Muslim Vol. 3-4 Pg. 140)

And Allah knows best

Wassalam

Mufti Ebrahim Desai (F2)
Darul Iftaa, Madrassah In’aamiyyah

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