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Lying to School to Take Extra Holiday for the Children

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Alimah Nasima Umm Hamza

Question

Assalāmu `alaikum Warahmatullāhi Wabarakatuh.

Hazrat, there are two questions I need answers to:

                   

  1. My wife wishes to go to Pakistan next Easter to visit her family and to attend her brother’s nikah. We’re going during the Easter break when our kids are off for school. Easter break is 2 weeks and she wishes to go for 3 weeks. The school will not offer authorized absence for our daughter on the grounds of a holiday, therefore, she (my wife) is suggesting we tell a lie that she is not feeling well? Under the abovementioned circumstances, would this be permissible?
  1. What is the evidence that performing Taraweeh prayer in congregation or solo is Sunnah Muakkadah just like some of the Sunnahs in salah? I can understand the 4 before Zuhr and 2 before Fajar as this was a constant practice of the Prophet (SAW). However, with regards to Taraweeh, the Prophet (SAW) said he fears this salah would be made fardh, so he (SAW) didn’t wish to enforce it upon us, so why does it become compulsory just because there is mass consensus among the Sahabah? Surely, only Allah and the Messenger (SAW) can legalize things in the Shariah?

The narration regarding following the Sunnah of the Khulafah which is used as evidence; my understanding is that this is always in matters of ijtihad where there is no clear directive from Allah or his Prophet (SAW).

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

1- You cannot lie for your daughter to miss school for a holiday. It is better that you make your holiday shorted or pay the fine to the school and have it recorded as an unauthorized absence.

Aishah (ra) narrated:

“There was no behavior more hated to the Messenger of Allah than lying. A man would lie in narrating something in the presence of the Prophet, and he would not be content until he knew that he had repented.”[1]

2- With regards to Taraweeh, it is a sunnah mu’akkadah to pray it in Ramadan, and it is Mustahab to pray it in the congregation.[2]

There are narrations from the sahabah, such as Ibn Abbas (ra) that the Prophet (PBUH) would pray 20 raka’at of taraweeh in Ramadan individually, without a jama’ah.[3] It was only in the last 10 days the Prophet (PBUH) attempted to congregate the Muslims to pray but then retracted out of his (PBUH) great mercy upon his ummah, fearing that it would be made obligatory upon them.

Thereafter,  we see that Umar (ra) congregated the Muslims into one big jama’ah, after observing them praying in smaller groupings. He stated the reason for this that there is no longer the fear of it being made obligatory like during the time of Rasool Allah (pbuh), therefore they could enjoy reaping the rewards from this recommended action.

We need to be clear that the companions all accepted this and they did not take it from anywhere other than from the beloved Prophet (PBUH) himself.

Furthermore, the Ijma (consensus) of the Sahabah is one of the sources of the Ahkaam Shari’ (legislative rulings), after the Quran and the Sunnah. This is agreed upon by all the schools of thought.

The Prophet (PBUH) said “You must then follow my sunnah and that of the rightly-guided caliphs. Hold to it and stick fast to it.”[4]

So when we observe that a large number of the sahabah have agreed to and follow a certain act, such as the sunnah of Taraweeh, we know that this is what they were taught from the Prophet (PBUH) and this is why it is a source of ruling for us.

Only Allah knows best

Written by Alimah Nasima Umm Hamza

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1] Jaami’ al-Tirmidhi, Hadith Number 1973

[2] Raddul Muhtaar, Kitaab as-Salah, Volume 2, page 43

[3] Al-Bayhaqi, As-Sunan al-Kubra, Volume 2, page 698

[4] Sunan Abu Dawud, Hadith Number 4607

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.