بسم الله الرحمان الرحيم

On the authority of Muhammad bin an-Nadhr al-Haarithi said, “It was said, ‘Excessiveness from speech removes (ones) dignity.’” [As-Samt wa Adaab al-Lisaan by al-Haafidh Ibn Abid-Dunyaa/52]

Narrated to me Khalaf bin Ismaa‘eel who said, “A man from the Wise of India said to me, ‘Excessive speech removes manhood from a man.’” [As-Samt wa Adaab al-Lisaan /54]

Muhammad bin al-Husayn said, “I heard Muhammad bin ‘Abdil-Wahhaab as-Sukriy saying, ‘Silence gathers in a man, two (good) qualities: safety in his religion and understanding of his companion (i.e. by remaining silent).’” ” [As-Samt wa Adaab al-Lisaan /55]

Narrated to us Ja‘far bin al-Kharraaz who said, “I heard Muhammad bin Waasi‘ saying to Maalik bin Dinaar, ‘O’ Aba Yahya, guarding the tongue is harder upon the people than guarding din?rs and dirhams.’” [As-Samt wa Adaab al-Lisaan /57]

‘Ali ibn Abi Taalib رضي الله عنهم said, “The tongue is foundation of the body. If the tongue is sound, then the limbs are sound and if the tongue is muddled up then no limb straightens up for it.” [As-Samt wa Adaab al-Lisaan/58]

On the authority of Ibraaheem, may Allaah have mercy on him, said, “People are destroyed because of possessing two qualities: useless wealth and vain talk.” [As-Samt wa Adaab al-Lisaan/ 102]

On the authority of Bakr bin Maa‘iz who said, “Rabee‘ ibnu Khaytham used to say, ‘There is no good in talking except in nine (types): Tahleel , Takbeer, Tasbeeh, Tahmeed, your beneficial questioning , your seeking refuge from evil, your commanding of good, your forbidding of vice and your recitation of the Qur’aan.” [As-Samt wa Adaab al-Lisaan/87]

On the authority Sufyaan said, “It was said, ‘Long periods of silence is the key to worship.” [As-Samt wa Adaab al-Lisaan /433]

On the authority of Shufiy al-Asbaahi who said, “Whosever’s talking is much, then his mistakes will be many.” .” [As-Samt wa Adaab al-Lisaan/89]

BismiLlah ar-Rahman ar-Rahim

Al-Qaadhi Ibn Rushd rahimahuLlah divided the Sunnah in the Maliki view into four categories according to the strength of its methods of transmission and subject matter:

1)A Sunnah whose rejection is a mark of disbelief. If someone does reject it they are asked to repent. If they do not, they are to be killed as unbelievers. This applies to Sunnahs which have been transmitted by multiple transmission (mutawaatir). Acquiring knowledge of such Sunnah is obligatory: like wine being inlawful, the prayers being five, the Messenger of Allah sallAllahu ‘alayhi wassalam commanding the call of adhaan, and other similar things.

2)A Sunnah which only people of deviation, error and enial reject and which all the People of the Sunah agree to be sound: auch as he hadith of intercession, the Vision, the punishment in the grave, and similar things connected with faith, even if they are not mutawaatir in their isnaad.

3)A Sunnah which it is obligatory to know and to act on, even if some of the opponents of the People of Sunnah oppose it. Such as wiping over the socks, because it is known that it is acted upon by the vast majority of the Muslims and it is opponents are very few.

4)A Sunnah which it is obligatory to act on, being one which is transmitted by a reliable source from a reliable source. They are numerous in all categories of law and it is obligatory to act by them. An example of this is judging by the testimony of two witnesses of good character, even if they might lie or be suspect in their testimony. [The Four Imams, page 93]

Forever we find the debate whether or not the ‘abayah and niqab is obligatory. Insha’Allah in this article we shall know the correct answer to these two questions.

Two verses explicitly concerning this issue:

We know that not lowering the gaze for men and women is equally haram as we learn from the hadith:

Narrated Jabir bin ‘Abdullah radhi Allahu ‘anhuma “I asked Allah’s Messenger sAlallahu ‘alayhi wassalam about the sudden glance (that is cast) on the face (of a non-Mahram). He commanded me that I should turn away my eyes.”[3]

And also the following hadith:

The Prophet sAlallahu ‘alayhi wassalamsaid,

“Beware! Avoid sitting on the roads. They (the people) said, “O Allah’s Messenger! We can’t help sitting (on the roads) as these are (our places) where we have talks.” The Prophet sAlallahu ‘alayhi wassalamsaid, “If you refuse but to sit, then pay the road its right.” They said, “What is the right of the road, O Allah’s Apostle?” He said, “Lowering your gaze, refraining from harming others, returning greeting, and enjoining what is good, and forbidding what is evil.”[4]

And, we are also aware that illicit relationship with the opposite gender is also forbidden. But the part of the ayah that is to be used to answer the question is, “and not to show off their adornment except only that which is apparent, and to draw their veils all over Juyubihinna”

Insha’Allah, we shall study the meaning of these verses in detail using the classical books of tafsir, ahadith, statements of scholars.

“…and not to show off their adornment except only that which is apparent…”

First Opinion:

It is fardh for a mature, Muslim lady to cover her whole body and face. Mention of those who said that:

Tafsir of the first ayah:

‘Abdullah bin Mas’ud radhi Allahu ‘anhu said,

“Adornment (in this verse) is two types of adornment: the (externally) apparent from them are garments and the hidden ones are the two anklets and earrings.”[5]

‘Abdullah radhi Allahu ‘anhu said,

“It is the outer garment.”[6]

‘Abdullah bin Mas’ud radhi Allahu ‘anhu said,

“It is the robe.”[7]

Tafsir of the second ayah:

‘Ali bin Abi Talhah rahimahuLlah reported that ‘Abdullah bin ‘Abbas radhi Allahu ‘anhuma said,

“That Allah subhanahu wa ta’ala commanded the believing women, when they went out of their houses for some need, to cover their faces from above their heads with the Jilbab, leaving only one eye showing.”[8]

Muhammad bin Sirin rahimahuLlah said,

“I asked ‘Ubaydah As-Salmani about the ayah (to draw their Jalabib over their bodies.) He covered his face and head, with just his left eye showing.”[9]

Imam al-Qurtubi rahimahuLlah writes,

“It was said that it was a veil.”[10]

Al-Hasan rahimahuLlah said,

“Cover half of her face.”[11]

Some ahadith concerning the opinion of covering the face:

Hadith 1:

Narrated Safiyah bint Shaybah rahimahuLlah, ‘A’ishah radhi Allahu ‘anha used to say,

“‘When (the Verse): ‘They should draw their veils over their necks and bosoms,’ was revealed, (the ladies) cut their waist sheets at the edges and covered their faces with the cut pieces.”[12]

Hadith 2:

Narrated ‘A’ishah radhi Allahu ‘anha,

“Allah’s Messenger used to offer the Fajr prayer and some believing women covered with their veiling sheets used to attend the Fajr prayer with him and then they would return to their homes unrecognized .” [13]

In his sharh of this hadith Shaykh Ibn ‘Uthaymin rahimahuLlah said:

“This hadith makes it clear that the Islamic dress is concealing of the entire body as explained in this hadith. Only with the complete cover including the face and hands can a woman not be recognized. This was the understanding and practice of the Sahabah and they were the best of group, the noblest in the sight of Allah subhanahu wa ta’ala with the most complete Iman and noblest of characters. So if the practice of the women of the Sahabah was to wear the complete veil then how can we deviate from their path?”[14]

Hadith 3:

Qatadah rahimahuLlah said,

“I was informed that the Prophet sAlallahu ‘alayhi wassalamsaid, ‘It is not permissible for a woman who believes in Allah and the Last Day to that she should uncover her hands until here.’ And he grasped half of a arm.”[15]

Hadith 4:

Yahya rahimahuLlah related to me from Malik rahimahuLlah from Hisham ibn ‘Urwah rahimahuLlah that Fatimah bint al-Mundhir radhi Allahu ‘anhuma said, “We used to veil our faces when we were in Ihram in the company of Asma’ bint Abi Bakr As-Siddiq radhi Allahu ‘anhuma[16]

Hadith 5:

‘A’ishah radhi Allahu ‘anha said,

“The riders would pass us while we were with the Messenger of Allah sAlallahu ‘alayhi wassalam. When they got close to us, we would draw our outer cloak from our heads over our faces. When they passed by, we would uncover our faces.”[17]

Hadith 6:

Narrated Anas radhi Allahu ‘anhu,

Um Harithah came to Allah’s Messenger after Harithah had been martyred on the Day (of the battle) of Badr by an arrow thrown by an unknown person. She said, ‘O Allah’s Messenger! You know the position of Harithah in my heart (i.e. how dear to me he was), so if he is in Paradise, I will not weep for him, or otherwise, you will see what I will do.’ The Prophet sAlallahu ‘alayhi wassalam said,

‘Are you mad? Is there only one Paradise? There are many Paradises, and he is in the highest Paradise of Firdaus.’ The Prophet sAlallahu ‘alayhi wassalamadded, ‘A forenoon journey or an after noon journey in Allah’s Cause is better than the whole world and whatever is in it; and a place equal to an arrow bow of anyone of you, or a place equal to a foot in Paradise is better than the whole world and whatever is in it; and if one of the women of Paradise looked at the earth, she would fill the whole space between them (the earth and the heaven) with light, and would fill whatever is in between them, with perfume, and the veil of her face is better than the whole world and whatever is in it.’”[18]

Hadith 7:

It was narrated from ‘A’ishah radhi Allahu ‘anhu? that Safwan ibn al-Mu’attal al-Sulami al Dhakwani radhi Allahu ‘anhuwas lagging behind the army. She said, “He came to where I had stopped and saw the black shape of a person sleeping. He recognized me when he saw me, because he had seen me before Hijab was enjoined. I woke up when I heard him saying ‘Inna Lillahi wa inna ilayhi raji’un (verily to Allah we belong and unto Him is our return),’ and I covered my face with my Jilbab.” [19]

Statements of ‘Ulama’ favouring the Opinion:

Hanafi madhhab:

Imam Abu Bakr al-Jassas rahimahuLlah writes in his commentary of the Qur’an,

“The young woman has been ordered to cover her face from the stranger and displaying modesty and chastity so that the corrupt do not show desire for her.”[20]

Imam Sarkhasi rahimahuLlah states,

“The unlawfulness of looking to a woman is for fear of fitna (temptation) and the threat of fitnah comes from looking at her face, for most her attractive features are on her face, much more than any other of her limbs”[21]

Ibn Nujaym rahimahuLlah stated,

“Our Scholars have stated: The mature woman is forbidden from uncovering her face while amongst men, in our times, due to the fitnah!”[22]

Imam ‘Ala’ ad-Din al-Hanafi rahimahuLlah writes,

“The young woman will be prohibited from revealing her face amongst men.”[23]

Explaining this, Imam Ibn ‘Abidin rahimahuLlah writes:

“It means she will be prevented from revealing (it) due to the fear that men will see her face thus creating temptation…”[24]

Maliki madhhab:

Qadhi Ibn al-’Arabi al-Maliki rahimahuLlah said,

“And all of the woman is ‘awrah; her body, her voice, and it is not permissible for her to uncover that unless out of necessity, or need such as witnessing (in court), or a disease that is affecting her body…”[25]

Imam Al-Abi rahimahuLlah records that the Maliki scholar Ibn Marzuq rahimahuLlah has stated that,

“The Mashur (well-known) opinion in the Madhhab of Imam Malik is that it is obligatory (wujub) to cover the face and hands if there is fear of a stranger looking at her.” [26]

Scholars of the Shafi’i madhhab:

Imam Shafi’i rahimahuLlah said,

“There is consensus of the Muslims upon prohibiting their women from going out with their faces uncovered.”[27]

Imam Taqiy-ud-Din As-Subki rahimahuLlah when he said,

“And what is the closest (in opinion), from what our companions have produced is that the face and the hands of a woman are ‘awrah in nadhr (i.e. looking) and not in the Salah.”[28]

Imam Muhammad As-Sana’ni rahimahuLlah says,

“And it is permissible for her to uncover her face whenever there is proof that she does not have to cover. What is meant by uncovering (her face and hands) in the Salah is that no Ajnabi (foreign, non-related, marriageable man) is looking at her, and this is the ‘awrah in the Salah. As for her ‘Awrah when an Ajnabi man is looking at her, then all of her body is ‘awrah.”[29]

Al-Hafidh ibn Hajr Al ‘Asqalani rahimahuLlah said,

“And it has not ceased to be a custom for women, from the older generations and the newer ones, to cover their faces from non-related men.”[30]

Imam Ibn Rislan rahimahuLlah said,

“The Muslims are in agreement that it is prohibited for women to come out of their homes while their faces are uncovered.” [31]

Imam Al-Juwayni rahimahuLlah stated,

“There is agreement (ittifaq) of the Muslimin upon the forbiddance of women coming out (of their homes) with their faces unveiled.”[32]

Imam Jalal ad-Din as-Suyuti rahimahuLlah wrote,

“This is the verse of Hijab regarding all women. In it is the wujub (obligation) upon them of covering the head and the face.”[33]

Hanbali madhhab:

Imam Ahmad bin Hanbal rahimahuLlah is narrated as saying,

“The nail of a woman is ‘awrah. Thus if she leaves her home she must not show anything of herself, not even her Khuff (leather sock) as the Khuff shows the shape of her foot (i.e. skin tight clothing is, according to the Shariah, within the ruling of nakedness)”[34]

Sh aykh al-Islam Ibn Taymiyyah al-Hanbali rahimahuLlah relates that the correct opinion for the Hanbali madhhab is that is is wajib to cover everything except one or two eyes to see the way.[35]

Al-Hafiz Ibn al-Qayyim al-Jawziyyah rahimahuLlah, explaining the woman’s ‘awrah said,

“The ‘awrah is of two types: an ‘awrah in the Salah (prayer) and an ‘awrah in looking. So as for the free woman, it is (allowed) for her to pray while her hands and face are uncovered, and it is not (allowed) for her to go out in the markets and gatherings of people like that (i.e. it is not allowed for her to go out without the face and hands covered).[36]

Dhahiri madhhab:

Ibn Hazm al-Andalusi rahimahuLlah stated,

“…And Jilbab, in the language of the ‘Arabs that Messenger of Allah sAlallahu ‘alayhi wassalamspoke to us with, is what covers all of the body not just a part of it.”[37]

Second Opinion:

It is not fardh but mustahabb for a mature, Muslim lady to cover her whole body and face. Mention of those who said that:

Tafsir of the first ayah:

‘Abdullah bin ‘Abbas radhi Allahu ‘anhuma said,

“Eyeliner (kohl) and the finger ring.”[38]

Similar was narrated from Sa’id bin Jubayr rahimahuLlah[39]

‘Abdullah bin ‘Abbas radhi Allahu ‘anhuma said,

“Apparent from it which are the eyeliner(kohl) and two cheeks.”[40]

Sa’id bin Jubayr rahimahuLlah said,

“The face and hand.”[41]

Qatadah rahimahuLlah said,

“The eyeliner, bracelet (or bangle) and ring.”[42]

Some ahadith concerning the opinion that covering the face is not fardh rather mustahabb:

Hadith 1:

On the authority of ‘A’ishah radhi Allahu ‘anhu?, that Asma’ bint Abi Bakr radhi Allahu ‘anhuma entered the quarters of Allah’s Messenger sAlallahu ‘alayhi wassalamwearing thin clothes. The Messenger sAlallahu ‘alayhi wassalamturned his face away and said,

“O’ Asma’, if the woman reaches puberty, it is not allowed to be seen from her except this and this, and he pointed to his face and hands.”[43]

Hadith 2:

Al-Fadhl bin ‘Abbas radhi Allahu ‘anhuma rode behind the Prophet sAlallahu ‘alayhi wassalamas his companion rider on the back portion of his she camel on the Day of Nahr (slaughtering of sacrifice, 10th Dhul-Hijjah) and al-Fadhl radhi Allahu ‘anhu was a handsome man. The Prophet sAlallahu ‘alayhi wassalamstopped to give the people verdicts. In the meantime, a beautiful woman from the tribe of Khath’am came, asking the verdict of Allah’s Messenger sAlallahu ‘alayhi wassalam. Al- Fadhl radhi Allahu ‘anhu started looking at her as her beauty attracted him. The Prophet sAlallahu ‘alayhi wassalamlooked behind while al- Fadhl radhi Allahu ‘anhu was looking at her; so the Prophet sAlallahu ‘alayhi wassalamheld out his hand backwards and caught the chin of al- Fadhl radhi Allahu ‘anhu and turned his face (to the other side) in order that he should not gaze at her. She said, ‘O Allah’s Messenger sAlallahu ‘alayhi wassalam! The obligation of performing Hajj enjoined by Allah’s on His worshipers, has become due (compulsory) on my father who is an old man and who cannot sit firmly on the riding animal. Will it be sufficient that I perform Hajj on his behalf?’ He said,

‘Yes.’” [44]

Hadith 3:

Jabir bin ‘Abdillah radhi Allahu ‘anhu?? said: I attended prayer on ‘Id day with Messenger of Allah sAlallahu ‘alayhi wassalam. He commenced with the prayer, before the sermon, without any adhan or iqamah. Then he rose, leaning on Bilal, and addressing those present before him, commanded them to fear Allah subhanahu wa ta’alaand exorted them to obey him. He further admonished and warned them. Then he moved on until he came to the women whom he addressed saying,

“Give charity, for verily most of you are fuel for the hellfire of Jahannam, whereupon there arose from the middle of the women’s congregation, a dark cheeked woman who said, ‘Why is that Oh Messenger of Allah?’ He sAlallahu ‘alayhi wassalamreplied, ‘Because you women make to many complaints, and refuse to acknowledge your husbands good treatment.’ Upon hearing this, the women began tossing their jewelry in charity upon Bilal’s outspread cloth.” [45]

Hadith 4:

Narated ‘Abdullah bin ‘Abbas radhi Allahu ‘anhuma, “A truly beautiful woman used to pray behind the Prophet sAlallahu ‘alayhi wassalam. Some of the people used to go pray in the front row to ensure they would not see her. Others would pray in the last row of the men, and during ruku’ [or sujud] they would look from underneath their armpits to see her. Because of this Allah revealed, “And Verily We know those of you who hasten forward, and those who lag behind.” (15:24)”[46]

Statements of ‘Ulama’ favouring the Opinion:

Imam al-Quduri al-Hanafi rahimahuLlah writes,

“If she is in the presence of stranger-men (ajnabi, i.e. non-mahram men, viz. men other than her permanently-non-marriageable male relatives, such as father, brothers and sons.), or non-Muslim women, then her nakedness is all her body, except for her face and palms”[47]

Later on he writes,

“Thus, the hands and face are not nakedness, and it is lawful to look at them if one is immune from temptation. It is worth pointing out this does not grant a license for indiscriminate looking, for one will generally not know whether or not one will be allured by a woman’s looks before one has looked at her. In fact, even accidental glances should be brought in check as soon as one realizes them, for the gaze is one of iblis’ poisoned arrows.”[48]

Conclusion:

Even though there is a difference of opinion of the issue of niqab, all the ‘ulama’ agree that covering the whole body for a lady is fardh. Wearing jeans, pants, trousers, long skirts or shalwar kameez do not cover the lower part of the body properly. Nor wearing long shirts or blouses do. Thus, wearing an ‘abayah becomes fardh as it is a loose garment which is one of four conditions of hijab in clothing. The four conditions are as follows:

1) Clothes should cover the whole body (With difference on face & hands. For male, from navel to knees.)

2) Clothes must be loose and not tight

3) Clothes must not be see-through

4) Clothes must not have flourecent or flashy colours that attract attention of the opposite gender.

No clothing except an ‘abayah provides and fulfils all this condition and thus it becomes an obligation on every sane, mature, Muslimah to use it.

As for the niqab, majority opinion seems to be on the side of first opinion i.e. towards its obligation whilst minority on its being mustahabb (recommended not obligatory). But, since there is a difference of opinion, being a students of knowledge we should respect that and try not to force our opinion on others if they follow the second opinion or vice versa. Personally, after examining the proofs, I have come to the conclusion that wearing of a niqab for a Muslimah is fardh. And, indeed, Allah subhanahu wa ta’ala knows best.

May Allah subhanahu wa ta’ala guide us to what is the Haqq and save us from misguidance and grant us the Highest rank in Paradise. Amin

[1] Surah an-Nur, 24:31

[2] Surah al-Ahzab, 33:59

[3] Sahih Muslim

[4] Sahih al-Bukhari 8:74:248

[5] Jami’ al-Bayan Fi Tafsir al-Qur’an 9:302

[6] Ibid(4 asanid {chains of narration}from ‘Abdullah (RA) are mentioned in the tafsir mentioning the same opinion)

[7] Ibid

[8] Tafsir al-Qur’an al-’Azim 3:684

[9] Ibid

[10]Jami’ li Ahkam al-Qur’an 14:215

[11] Ibid

[12] Sahih al-Bukhari 6:60:282

[13] Sahih al-Bukhari 1:8:368

[14] Hijab, pages 12-13

[15] Ibid

[16] Mu’ta Imam Malik, 20:5:16

[17]Sunan Abi Dawud, 10:1829

[18] Sahih al-Bukhari 8:76:572

[19] Sahih al-Bukhari # 4141 & Sahih Muslim # 2770

[20] Ahkam al-Qur’an, 3:458

[21] Al-Mabsut, 10:152

[22] Al-Bahr ar-Ra’iq Sharh Kanz ad-Daqa’iq

[23] Rudd al-Muhtar ‘ala Durr al-Mukhtar2:79(or78)

[24] Rudd al-Muhtar ‘ala Durr al-Mukhtar2:79

[25] Ahkam al-Qur’an 3:1579

[26] Jawahir al-Iklil Sharh Mukhtasar Khalil

[27] Rawdah at-Talibin 5:366

[28] Quoted by Imam Al-Khatib Ash-Shirbini in his Al-Mughni Al-Muhtaj.

[29] Subul as-Salam Sharh Bulugh al-Maram

[30] Fath ul-Bari 9:235

[31] Nayl al-Awtar Sharh Muntaq al-Akhbar 6:114

[32] Tuhfah al-Minhaj bi-Sharh al-Minhaj 7:193

[33] Istinbat at-Tanzil, 3:118

[34] Al-Furu’ 1:601

[35] Hijab wa Safur under the fatawa of Ibn Taymiyyah on hijab, page 10

[36] Tahdhib as-Sunan and ‘Ilam Al Muwaqi’in 2:80

[37] Al-Muhalla 3:212

[38] Ibid

[39] Ibid

[40] Ibid

[41] Ibid

[42] Ibid

[43] Sunan Abi Dawud 32:4092, hadith is mursal and because of that dha’if

[44] Sahih al-Bukhari 2:26:559

[45] Sahih Muslim 4:1926

[46] Sunan at-Tirmidhi, hadith is dha’if

[47] Mukhtasar al-Quduri (English translation) page 134

[48] Ibid

BismiLlah ar-Rahman ar-Rahim

Al-Imam Ibn Qudamah rahimahuLlah writes:

“All skins of dead animals, irrespective of whether they have been tanned or not, are najas. [1]

It is crucial to have a proper understanding of what is meant here by “dead animals.” What is intended are those animals that die in a situation other than the proper Islamic method of slaughtering. This would include animals that are slaughtered by people of other religions who do not follow the Islamic method of slaughtering animals. This would also include animals that die an accidental or natural death without being properly slaughtered. This does not include the tanned skins of animals that are halal for consumption and are slaughtered in the proper Islamic method, since those animals are Tahir by ijma’ .

Along with a proper understanding of what is intended by “dead animals,” it also important to know what is meant by tanning. Tanning is the process of making leather from the skins of dead animals. From an Islamic perspective, it is vital for one to know whether these tanned skins which are used to make leather goods are classified as Tahir or najas. This ruling has an enormous impact on one’s daily life as everyone uses products made from leather in some form or another. Many of these leather goods (wallets, belts, jackets, shoes, etc.) are worn during Salah and affect the validity of .Salah

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

“DEAD ANIMALS” BEFORE BEING TANNED

The first issue in dealing with skins of “dead animals” is that of their ruling before they have been tanned. This is najas by ijma’ based upon the following Hadith:

Ibn ‘Abbas radhi Allah ‘anhuma reported that the Prophet sAllahu ‘alayhi wassalam said: “If the hide of an animal is tanned, it becomes pure.”[2]

Ahadith such as the following: This opinion is further corroborated by many other

“Tanning removes its impurity.” [3]

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

“DEAD ANIMALS” AFTER BEING TANNED

The next issue in dealing with skins of “dead animals” is that of their ruling after they have been tanned. There are four opinions in regarding this issue.

THE FIRST OPINION:

The first opinion is that of al-Imam Ibn Qudamah rahimahuLlah. He is stating here that the hide of all dead animals can not be made Tahir by way of tanning; regardless of what type of animal it is. This opinion has been attributed to both Imam Malik and Imam Ahmad ibn Hanbal rahimahuma Allah.

The main piece of evidence supporting this opinion is the following Hadith:

‘Abdullah ibn ‘Akim reported: “A statement of the Prophet sAllahu ‘alayhi wassalam was read to us: “Do not benefit from the hide or the sinew

of an animal that dies.”” [4]

The scholars who hold this opinion use this Hadith to say that it abrogated other Ahadith on this matter. The first issue with using this Hadith as Dalil is that ‘Abdullah ibn ‘Akim never met Prophet sALlahu ‘alayhi wassalam . There is a missing narrator, who is the one that ‘Abdullah ibn ‘Akim heard this statement from. This type of Hadith is called a “mursal” Hadith. The second issue is that the narrator who heard this Hadith from ‘Abdullah ibn ‘Akim, whose name is Ibn Abi Laila, was not known to the scholars of Hadith to have heard Ahadith ‘Abdullah ibn ‘Akim. Due to this, many scholars of Hadith declared this Hadith to be dha’if – weak, including the two Imams of al-Jarh wa ‘t-Ta’dil [5] Imam Ahmad ibn Hanbal and Imam Yahya ibn Ma’in rahimahuma Allah.

Imam Baha’ ad-Din al-Maqdisi rahimahuLlah explains this issue in al-’Uddah Sharh al-’Umdah quoting Imam at-Tirmidhi rahimahuLlah, who reported that Imam Ahmad ibn Hanbal rahimahuLlah would rely on this Hadith , but later retracted this opinion due to the manifestation of the weakness of this Hadith [6]The Qadhi of the Hanabilah , Qadhi Abu Ya’la rahimahuLlah also reported that Imam Ahmad ibn Hanbal rahimahuLlah left this opinion after the weakness of this Hadith was found.

THE SECOND OPINION:

The hide of all dead animals which are halal to eat had they been properly slaughtered, may be made Tahir by way of tanning. This means that the hides of dead cows, sheep, camels, and other animals which are halal to consume can be purified by tanning them.

Yet those animals that are haram to eat, such as pigs, dogs, carnivores, etc.; their skins are not made Tahirby the process of tanning. This is the view of the majority of the scholars of Islam, including: Al-Auza’i, ‘Abdullah ibn al-Mubarak, and Ishaq rahimahum Allah; it was also narrated from Imam Ahmad ibn Hanbal rahimahuLlah, as his final verdict.[7]

This was also the view favoured by Imam Majd ad-Din ibn Taimiyah, al-Imam Ibn Qudamah al-Maqdisi[8], Ibn Hamdan al-Hanbali, Ibn Razin, Qa?i Abu Ya?la, Imam Baha’ ad-Din al-Maqdisi, Shaikh al-Islam Taqi ad-Din ibn Taimiyah [9], and his student Ibn Qayyim al-Jauziyah rahimahum Allah. This is also the preferred opinion of Shaikh ‘Abd Al-’Aziz ibn Baz, Shaikh Muhammad Salih ibn ?Uthaimin, and Shaikh Salih al-Fauzan hafidhahuLlah. [10]

Dalil for this opinion is based upon the following Hadith:

Salamah al-Muhbiq radhi Allah ‘anhu reported that: “The Prophet sAllahu ‘alayhi wassalamasked a woman during the Battle of Tabuk for some water, and she replied that the only water that she had was in a water skin made from the hide of an animal that was not properly slaughtered. To this, the Prophet sAllahu ‘alayhi wassalamsaid: “Didn’t you tan it?” When she replied that she had, he sAllahu ‘alayhi wassalamsaid: “Tanning, it is as slaughtering it.”” [11]

Since the Hadith clearly states “Tanning, it is as slaughtering it.”, we see that the skin of pigs or dogs would not be purified due to tanning since they do not become halal for consumption with slaughtering. This is also supported by the Hadith:

It is reported by ‘A’ishah radhi Allah ‘anhu? that: “The Prophet sAllahu ‘alayhi wassalamwas asked about the hides of dead animals, to which he replied: “Tanning them purifies them.”” [12]

In the Hadith mentioned above, it is clearly stated that tanning fulfills the same function as slaughtering with respect to purification. These Ahadith and others like it are the Dalil that tanning is a means of purifying, only applies to animals that are halal, since they connect tanning to slaughtering. Hence if an animal is not made halal by slaughtering it, then its skin is not made halal by tanning.

The proponents of this view also cite as Dalil the numerous Ahadith that prohibit the use of the hides of predatory animals. One of these Ahadith is the following:

“All predatory animals with tusk and every bird with claw are forbidden for consumption.” [13]: This is also supported by the Hadith : Mu’awiyah ibn Abi Sufyan radhi Allah ‘anhu reported that: “ Prophet sAllahu ‘alayhi wassalamforbade tiger skins.” [14]

Furthermore:

Mu?awiyah ibn Abi Sufyan radhi Allah ‘anhu reported that Prophet sAllahu ‘alayhi wassalam said: “The angels do not accompany a group of people among whom there is a tiger skin.” [15]

THE THIRD OPINION:

The hide of all dead animals can be made Tahir by way of tanning other than that of a pig or dog.

This is the well known opinion of the Shafi’i madhhab

Their Dalil is that the skin of the pigs can not be made Tahir, because Allah subhanahu wa ta’ala describes the animal itself as najas:

“ . . . the flesh of swine (pork); for that surely, is impure . . . ” (Surah al-An’am (6) : Ayah 145)

The skin is a part of the animal; consequently the impurity of a pig is a permanent attribute that can not be removed by tanning. As for the dog, the severity of its impurity is established by the fact that Prophet sAllahu ‘alayhi wassalamordered us to wash a dish seven times, once with dirt, if a dog drinks from it. Hence the Shafi’i scholars draw a connection between the filth of a dog and that of a pig.

THE FOURTH OPINION:

The hide of all dead animals can be made Tahir by way of tanning other than that of a pig. This is the opinion of the Hanafi madhhab , as quoted by the great Hanafi scholar Imam al-Quduri rahimahuLlah:

“Any skin which has been tanned becomes pure, hence prayer is valid on it, and wudhu’ from (water contained in) it, except the skin of a pig and human.” [16]

Their Dalil is that the skin of the pigs can not be made Tahir, because Allah subhanahu wa ta’ala describes the animal itself as najas:

“ . . . the flesh of swine (pork); for that surely, is impure . . . ” (Surah al-An’am (6) : Ayah 145)

CONCLUSION:

The strongest of all these opinions – and Allah subhanahu wa ta’ala knows best – is the second opinion; tanning only purifies the hides of the animals that we would be allowed to eat had they been properly slaughtered. The Dalil for this opinion is numerous and it is related from sahih sources. It is a moderate opinion that does not raise any serious objections. It does not reject any of the Dalil related by other opinions, when all other opinions struggle in attempting to reject its Dalil . It coincides with the Hanafi opinion in prohibiting the use of pigskin and the Shafi’i opinion in prohibiting both pigskin and dog skin. So it does not reject their Dalil , but rather it is supported by them. Hence a follower of any of these madhahib could follow this opinion without having left their madhhab It is the later and final opinion of Imam Ahmad ibn Hanbal rahimahuLlah as reported by both Qadhi Abu Ya’la and Imam Baha ad-Din al-Maqdisi rahimahuma Allah. It also accommodates the various Ahadith that prohibit using the hides of predatory animals. It puts forth the verdict without rejecting any Dalil which are sahih, while all the other opinions struggle to reject the Dalil put forth by this opinion. Shaikh Ibn ‘Uthaimin rahimahuLlah provides a useful summary:

Animal skins may be divided into three types:

(1) Skins which are Tahir whether they are tanned or not; these are the skins of animals that may be eaten and are slaughtered correctly

(2) Skins which can not be Tahir either before or after tanning, because they are najas , these are the skins of animals whose meat we can not eat, like pigs

(3) Skins which become Tahir after tanning, but are not Tahir before tanning; these are the skins of animals whose meat may be eaten if they are slaughtered properly but not if they die otherwise [17]

References:

[1] Al-’Uddah Sharh al-‘Umdah Volume #1 – Page #19

[2] Reported by Imam Muslim in his sahih

[3] Reported by an-Nasa’i, at-Tirmidhi, Ibn Majah and al-Hakim in his sahih

[4] Hadith reported in Musnad Imam Ahmad, Sunan at-Tirmidhi, Sunan an- Nasa’i, Sunan Ibn Majah, and other sources with chains of transmission from al- Hakim ibn ‘Utaibah from Ibn Abi Layla from ?Abdullah bin ?Akim. Others have narrated it with unknown people between al- Hakim ibn ‘Utaibah and ‘Abdullah bin ‘Akim or without mentioning any narrator between the two whatsoever. Hence the Hadith is graded to be dha‘if

[5] Al-Jarh (declaration of unreliability) and At-Ta‘dil (affirming someone’s integrity)

[6] Al-‘Uddah Sharh al-‘Umdah Volume #1 – Page #20

[7] Imam an-Nawawi reports these in his Sharh of sahih Muslim Volume #4 – Page #54; these opinions have also been reported by Imam Ibn Muflih al-Hanbali in al-Furu‘ Volume #1 – Page #102

[8] Al-Kafi Volume #1 – Page #46

[9] Majmu‘ al-Fatawa Volume #21 – Page #95

[10] The opinion of Shaikh Ibn Baz is reported in al-Fatawa al-Jami‘ah li ’l-Mar‘ah al-Muslimah Volume #3 – Page #860; the opinion of Shaikh Ibn ‘Uthaimin is stated in his book Sharh al-Mumti‘ ‘Ala Zad al-Mustaqni‘ Volume #1 – Page #74; the opinion of Shaikh Salih al-Fauzan is recorded in his book al-Mulakhkhas al-Fiqhi Volume #1 – Page #18

[11] Hadith reported in Musnad Imam Ahmad, Sunan Abi Dawud, Sunan an- Nasa’i, and other sources; Ibn Hibban has reported it as sahih; Ibn Hajar al-Asqalani also declared it to be sahih in al-Talkhis

[12] Reported by Ibn Hibban as sahih

[13] Reported by Imam Muslim in his sahih

[14] Reported by Abu Dawud, 4239; classified as sahih by al-Albani in sahih Abi Dawud, 3566

[15] Reported by Abu Dawud, 4130; classified as hasan by al- Albani in sahih Abi Dawud, 3478

[16] Al-Lubab fi Sharh al-Kitab Volume #1 – Page #47

[17] Liqa? al-Bab al-Maftuh by Ibn ?Uthaimin, 52/39

BismiLlah ar-Rahman ar-Rahim

Divine laws were revealed by Allah subhanahu wa ta’ala to His messengers ‘alayhim salatu was-salaam for the purpose of correcting man’s beliefs about Allah subhanahu wa ta’ala (‘aqidah), his methods of worshipping Allah subhanahu wa ta’ala (‘ibadah), and his social life or social conduct (mu’amalat). Since there is only one correct belief about Allah subhanahu wa ta’alatawhid, whereby Allah subhanahu wa ta’ala is considered as One, without partner in His essence, His attributes, His actions, and right of worship, all of the prophets invited mankind to that belief in exactly the same way.

However, in the case of methods of worship and social conduct, the same format was not used in all cases. Thus Allah subhanahu wa ta’ala repealed Laws in certain conditions and this is known as Naskh. The proof of this is in the ayah,

CONDITIONS FOR NASKH

For naskh to have taken place, the following three conditions must have been fulfilled:

1. The law which has been replaced has to have been a divine law. This means that the gradual prohibition of alcohol would not be classified as naskh, because each successive verse only expanded the prohibitive scope of the previous verse. The original behaviour of the people was to act as if alcohol was lawful. It was their assumption that alcohol was permissible that was gradually abolished by the three verses on this subject, not any previous statement by Allaah that liquor was permissible.

2. The proof used to replace the old law has to be a divine command which was revealed after the revelation of the old law.

3. The law which is to be replaced cannot have a specific time limit attached to it from the time of its revelation. If it has a limited time period, it simply becomes void when the time period ends, and such a process is not considered as naskh. For instance, fasting is required daily until sunset during Ramadan. The permission to eat at night during Ramadan or, after it is over, by day or night, doesn’t involve naskh.

[1] Surat al-Baqarah:106

BismiLlah ar-Rahman ar-Rahim

The main purpose of the Shari`ah is to realise and secure the general good or the interests (masaalih) of people by promoting their welfare as individuals and as a collective body and keeping harm and injury away from them. This it seeks to do, in order of priority, by:

1. guaranteeing their ‘vital needs’ (dhuruuriyaat)
2. catering for their ‘requirements’ (haajiyaat)
3. allowing for ‘betterment’, enhancement or improvements (tahsiiniyaat) in the quality of their life.

An example of a vital need is housing, to protect people from heat or cold and provide for sleep and rest.

An example of a requirement is windows in the house to allow for light and privacy.

An example of an improvement or enhancement is furniture or beds to make life easy and comfortable.

‘Requirements’ and ‘improvements’ can only be catered for if vital needs are met or satisfied. If a vital need is threatened then a lesser need can be dispensed with. For example, under normal circumstances a person must keep his or her private parts covered. Keeping your private parts covered is important for the enhancement of your life and conduct but it may not be absolutely vital for the preservation of health and life. If, therefore, a person has to have medical treatment which is a vital need and which requires his or her private parts to be examined, the vital need takes precedence. In such a situation, the Shari`ah allows a person to uncover his or her private parts to the view of a medical professional.

Vital needs

The vital needs which the Shari`ah is concerned to protect are those on which the life of man depend. If any of these needs are threatened, corruption, disorder and injustice will result in individual and collective life. These vital needs, in order of priority, are five:

1. the Diin or the natural system of beliefs and way of life of Islam;
2. the life or nafs of the individual human being and of the human species;
3. the mind or the `aql of the individual;
4. the honour and chastity or `ird of the individual;
5. wealth or property.

The protection of each of these is necessary for the wealth of individuals and society.

By Diin is meant the totality of beliefs, practices and laws by which Islam regulates the relationship between man and his Creator and between man and man. Preservation of Din implies keeping it free from deviation and error, inviting others to accept and live according to it, and defending it from hostile forces.

By the preservation of life is meant measures to preserve the human species in the best possible way and this includes laws relating to marriage and reproduction. It also includes providing the vital needs of food, drink, clothing, shelter and security. It also includes laws relating to the prohibition of suicide and abortion (except when the mother’s life is in danger) and the need for just retaliation against those who commit murder.

The safeguarding of the mind is the concern of such provisions of the Shari`ah which forbid the consumption of alcohol and all intoxicating substances.

Preserving honour and chastity is the goal of such Shari`ah laws which punish sexual relations outside marriage and false accusations against people who are chaste.

By the preservation of wealth is meant the laws in the Shari`ah which encourage people to work and earn a living lawfully and which prohibit exploitation and injustice.

Requirements or exigencies

These pertain to laws of the Shari`ah which provide ease in case of difficulty and which eliminate or reduce hardship from people’s lives. For example, a person is not required to fast in the month of Ramadaan if he is ill or on a journey. In business transactions, the Shari`ah has allowed a variety of contracts and trading practices. It allows any local custom in meeting needs so long as it is not otherwise prohibited. It allows divorce in case of need. Such allowances receive sanction in the verses of the Qur’an:

“God has not created any hardship over you in matters of religion.”

“God desires ease for you. He does not desire hardship for you.”

Moreover, the noble Prophet said:

“I was sent with the true and tolerant Religion.”

Improvements or Enhancements

These pertain to all the laws of the Shari`ah that relate to improving the quality of human life, conduct and morals and beautifying the conditions under which life is lived. These include laws pertaining to cleanliness of the body, clothes, and environment, the covering of the private parts or `awrah, the method of getting rid of impurities, the performance of extra acts of worship such as voluntary fasting and charity and so on.

The above categories relate to the general objectives or concerns of the Shari`ah. From these, we can see that the concerns of the Shari`ah are not only with aspects of personal religion or worship but deal with all aspects of life. Moreover, the Shari`ah is not just ‘law’ as many understand the term; it is concerned with morals and worship as well.