Notes On Qaddumis Risaalah
Notes On Qaddumis Risaalah
Contents
Taharah--- 2
Salah--- 17
Funeral--- 33
Fasting--- 35
Zakah--- 38
Hajj--- 43
Service--- 46
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Kitab At-Taharah
[Purification]
The author of this booklet started with the book of purification. It is a traditional way of
starting fiqh books (exception: Malikis starts with Kitabus salat).
From ibn qudamah's al-Muqni' hanabila started to include chapters of service in the book of
worship.
Water
1- Meaning of Taharah
Linguistic: Cleanliness;
Shari': Lifting[Raising] Hadas and removing Khabas
a. Hadas- Not visible, Not physical impurity. It refers to a state of impurity;
b. Khabas- Physical impurity.
There are two types of Hadas. They are:
a. Major, which obligates Ghusl;
b. Minor, which obligates Wudhu.
2- Categories of water
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- Washing hands three times with intention and basmalah after night
sleep is an obligation.
- It has to be night & deep sleep.
- Sleeping during the daytime doesn't require this.
d. It is pure itself but not purify others.
e. It neither lifts hadas nor removes khabas
f. It is permissible to use this type of water in cooking, drinking etc.
C. Najis
a. The small quantity of water that came in contact with impurities,
b. The large amount of water where change in color, odour or taste via najis
substances occurred. Slight change of any of them will make water najis.
c. It neither lifts hadas nor removes khabas.
Amount of Water:-
1. Large amount of water is two qullahs [Qulllatin] or more than it. [2qullahs = 300
litres]
2. Small quantity of water is less than two qullahs.
It is permissible to use & acquire every utensils except for those made of gold & silver.
a. General 'Usul: If anything is permissible to use then acquiring it also permissible.
The opposite is also true.
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Hair, wool, feathers of dead animals are pure, if they come from a pure animal, even if they
are inedible.
a) Pure animals
- all edible animals & inedible animals which are smaller than cat, such as
mice etc.
- Some mice are larger than actual cat size, they are also pure.
b) Impure animals
- inedible animals which are larger than cat, such as dog etc.
- Some dogs are smaller than actual cat size, they are also impure.
7- Conditions of validity
8- Manners of restroom
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Using left foot during entrance and to say,
" أعوذ باهلل من الخبث والخبائث-"بسم هللا
Using right foot during exit and to say,
" الحمد هلل الذي أذهب عني األذى وعافاني-"غفرانك
Using right is recommended in every good thing.
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Rulings of Siwak
It is recommended to do siwak all the time. Except in the case of a person, who is fasting,
after the entrance of Zuhr. It is disliked in this case.
It is highly recommended during-
1. When making the Wudhu(During the washing of mouth- before or after it, doesn't
matter).
2. Before reciting the qur'an.
3. When waking up.
4. When the odour of the mouth is changed.
5. During or before entering the mosque & home.
6. After prolonged silence.
7. When teeth become yellowish.
8. When the stomach becomes empty.
Benefits-
a) Helps in digestion.
b) Strengthen the gum.
c) Reminds the shahadah when one is near to the death. It's the best of them.
A. It is recommended to use araq, zaytun tree etc. Araq tree was used at that time. Reward of
siwak can't be obtained by using toothbrush or clothes etc.
B. About beard-
Sunnah is to leave the beard without cutting so long as it becomes dissatisfaction[unsightly]
a) It is forbidden to shave the beard.
b) It is disliked to cut anything less than a fist.
c) It is permissible to cut anything more than a fist.
Sunnah is to-
1. Shave the pubic hair
2. Pluck the armpit hair
3. Cut the nails
4. Look at the mirror
a. It is sunnah to say,
)س ْنتَ خ َْل َقي فَأَحْ س َْن ُخلُ َقي
َ ْالله ُه هم أَح/س ْنتَ خ َْل َقي فَ َحس َْن ُخلُ َقي
الله ُه هم َك َما َح ه، َ( ْال َح ْمد ُ َ هّلِل
5. Apply the kohl in every night.
a) before sleeping
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b) three times in each eye.
6. Trim the moustache.
a) It has two types--
- making really short, it's highly recommended
- resisting hair from falling into lip
b) shaving it isn't sunnah.
Rulings of Wudhu
For residents & unlawful travellers-- 1 day one night from the first hadas after wearing.
The traveller who is permitted to shorten the prayers-- 3 days 3 nights.
The least distance for shortening-- Walking 2 days with luggage.
It is obligatory to wipe the most of the upper part of khuf
Wiping the bottom part & heel is not sufficient, they are not from the sunnah.
a) If they are bound in the state of purity & it doesn't exceed the required area, then
person should wash the healthy parts & do masah[wiping] over the rest of the parts.
b) If it is bound beyond the required area & it can be harmful in removing, then person
will do tayammum for exceed parts.[along with washing for healthy parts & masah
for required parts]
c) If it is bound in the state of impurity & it does or doesn't exceed the required parts,
then he will do tayammum for it, i.e. bandage, instead of masah.
Whoever certains of his purity & doubts ritual impurity or whoever certains of his impurity &
doubts purity,acts upon his certainty.
a) If he is certain about his purity, then doing another wudhu is still recommended.
25-Invalidators of ghusl
Wajib of ghusl is one and that is saying Bismillah. It is overlooked due to ignorance &
forgetfulness.
Fardh of ghusl is one and it is to reach the water all of one's body including mouth & nose.
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29- Sunans of ghusl
Tayammum
Removing impurities
If the filth is from the dog or swine, then it will be washed seven times, where one will be
with dirt.
Other impurities can be purified by seven washings.
The vomiting and urine of male infant, who depends on milk only, can be purified by
sprinkling water in the place.
The impurities of ground and it's like objects can be purified by one washing.
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Note: These are the least numbers of washings. If the filth remains after these washings, then
more washing is required.
Impure- Animals bigger than a cat, which cannot be eaten. Birds which cannot be eaten are
from this group.
Pure- Animals smaller than a cat.
All death bodies are impure except-
1. Human death body,
2. Fish,
3. Locust,
4. Things which doesn't have flowing blood, such as scorpions.
Their urine, feces & other secretions are pure except blood & pus.
Small amount[according to the individual] of blood & pus of them are remissible.
All of their secretions are impure except semen and the milk of the human.
The presence of blood of animals, which were pure during lifetime, in case of salat is
remissible.
But if blood falls on food or drinks then it's not overlooked because it is najis.
39- Hydh[Menstruation]
Natural blood which is secreted from a healthy woman during a certain period.
It's not that blood which comes out due to childbirth.
There is no haydh before nine years, after 50 years & during pregnancy.
Minimum days of purity are 13 days. Other days are the days of hydh.
There is no limit of maximum.
.
.
42- Nifas[Lochia], Minimum-Maximum period
The blood which comes out after child birth or 2 or 3 days before it.
Maximum period- 40.
There is no limit of minimum.
They are-
1. Intercourse,
2. Salat,
3. Siyam,
4. Tawaf,
5. Reciting Quran,
6. Touching Mushaf,
7. Staying at Mosque.
After becoming pure, it is wajib to making up the Siyam not the Salat.
Adhan
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1. That is given after passing of midnight.It is done to remind the people about suhoor &
tahajjud prayer.
2. That is given on time of fazr.
Rukn of adhan is to raise the voice unless the adhan is done for the one who is present in that
place.
It is sunnah in the case of muazzin for-
1. having beautiful & loud voice,
2. being honest,
3. being knowledgeable about prayer time,
4. being in the state of purity,
5. giving adhan & iqamah while standing.
It is recommended for muazzin, the listener & the resident's who listens the iqamah-
1. to repeat the wordings of adhan except during-
a) Hi 'alas salat & Hi 'alal falah
- Say, la hawla wa la kuyyata illa billah.
b) As salatu khairum minan nawm
- Say, sadakta wa bararta
c) Qadqamatis salat
- Aqmahallahu wa adamaha
2. to say darud upon nabi[sallallahu 'alaihi wasallam]
3. to say,
َ َت ُم َح همدًا ْال َو َس ْيلَةَ َو ْالف
ْ َوا ْب َعثْهُ َمقَا َما ً َمح ُم ْودا ً اله َذ،َض ْيلَة
،ُي َو َعدْتَه َ آ،صالَ َة ْالقَائَ َم َة
َوال ه،اللّٰ ُه هم َربه َه َذ َه الدهع َْو َة التها هم َة
4. to make any dua' after it & after iqamah also.
It's forbidden to leave the mosque after adhan except for excuse or leaving with an intention
to return.
a) Excuses- that allows leaving jama'ah or jumu'ah.
b) intention to return- being certain to get the jama'ah(that mosque or others)
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Rulings on Salat
Zuhr- From the Zawal[passing of the zenith] until the shadow of an object becomes equal to
it's own length excluding the shadow of Zawal.
[[If the length is 20 cm & the shadow of Zawal is 2 cm, then Zuhr will starts when the
shadow becomes 22 cm]]
'Asr- It has two times.
1. Mukhtar[Choice/Preferred]- From the end of Zuhr until the shadow becomes two
times of it's length excluding the shadow of Zawal.
2. Darurah[Necessity]- From the end of the previous until the setting of the sun.
It is not valid to delay the prayer until the time of necessity without any valid excuse.
Magreeb- From the end of Salatul 'asr until the complete disappearance of redness of sky .
'Esha- It has two times.
1. Mukhtar[Choice/Preferred]- From the end of the Magreeb until the 1/3rd of night.
- Night- From Magreeb to al-Fazr.
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- 2nd opinion- until the half of night
2. Darurah[Necessity]- From the end of the previous until al-Fazr.
Fazr- From the appearance of white light over the horizon horizontally until the sun rises.
- Subh al-Kazib[fake fazr]- appearance of white light over the horizon Vertically.
- Subh as-Sadiq[true fazr]- appearance of white light over the horizon horizontally.
The follower should say, Ameen. They should raise their hands above the chest level & wipe
their face by palms.
54- Taraweeh
Traweeh is 20 raka'ah.
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- Not less that. Less than 20 is termed as qiyam al-Layl.
- Prayed in Ramadan.
- Manner: 2+2…
Time: between Salat al-Isha & and witr.
- Isha must be prayed first.
- Praying sunan (of 'isha) first is recommended.
- Tahajjud is that prayer which is prayed after waking up from sleep.
58- Sunan[Verbal]
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1. Du'a al-Istiftah, it is "subhanakallahumma wa bihamdika wa tabarakasmuka wa ta'ala
jadduka wa la ilaha ghairuk".
2. Ta'udh.
3. Basmalah
4. Saying "Ameen" after Fatiha
5. Reciting another surah after fatiha.
- In first two raka'ah.
- Not in 3rd or 4th
6. Reciting out loud, for imam.
- It is disliked for ma'mum[follower]
- Choice for munfarid
7. Saying, "Mil’ al-samawaati wa mil’ al-ard wa mil’ ma shi’ta min shay’in ba’d" after
tahmeed for imam and munfarid.
8. Saying tasbih of ruku', sujood and "Rabbigfirli" more than once.
9. Sending prayers upon the family of the Prophet (saw) in the last tashahhud
10. Sending Barakat[blessings] upon them in it
11. Du’aa’ after the last Tashahud.
59- Sunan[Actional]
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60- Ruling of Prostration for forgetfulness and it's modality
It is-
- Sunnah
- When one recites something shari'[part of salat] in the wrong place.
Ex. Reciting fatiha in ruku'
- Mubah
- When one leaves a sunan (unintentionally)
- Wajib
- Due to excess of ruku', sujud, standing or sitting even if it equals Jalsat al-
Istiraha.
- That means when one unintentionally adds these things he must go
back to the main part and do sujud as-sahu at last.
- Giving salam before finishing the salat
- Abandoning an wajib out of forgetfulness.
- Being doubt,i.e. third or fourth
- If he doubts then becomes certain[via signs], he should follow the
certainty and should refrain from doing sujud as-sahu.
- If he doubts then should go for least number.
Modality:
Doing two sijdahs after or before the taslim.
- If he does after the salam, he must repeat the tashahud.
- It is recommended to do after if he ends the prayer before completing it.
61- Disliked things in prayer.
If they are done profusely according to norm then the prayer will become invalid.
Jama'ah of Five daily prayer is wajib upon every free & capable man.
- weather travelling or not.
It is not valid for mumayyiz[who didn't reach puberty] to lead a fardh salah.
It is recommended to pray jama'ah in masjid.
- It is recommended for women to pray in the house.
- It is valid for them to pray in the mosque.
- It is disliked for attracting women.
It is recommended for women to pray separately from men when they are more than one.
The resident and the imam of masjid is predominant of imamah, even if they are subjugated.
The free person is given preference over the subjugated.
The resident, sighted and the one who is in a state of purity are given preferred over their
opposite.
It is disliked to void the preference without permission.
It is not valid to pray behind the fasikh, except during eid & jumua' prayer
- If he has no option without it, like-If the imam[President] gives punishment for it.
- If he had an option then he must repeat it.
The one who is unable to fulfill any of the arakan or conditions then his imamah is not valid
unless the followers are like him.
- Exception- the regular imam has the allowance.
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- His incapability must be temporary.
A woman can't lead the prayer of man.
A mumayyiz can't lead one's prayer who reached puberty.
- He can lead the voluntary prayers.
- He can lead the mumayyiz followers.
It is not valid to pray fardh prayer behind a nafl prayer.
- The opposite is valid.
It is valid to pray a qadha prayer behind a person who is praying the same named prayer,
opposite is also permissible .
- Means- imam(Zuhr),He(Zuhr-an qadha)
It is not valid to pray zuhr behind asr, it's opposite is also invalid .
It is valid for him to stand between[middle of the first row] the followers. It is sunnah to
stand in front of them.
If the follower is one then he should stand on the right side parallel to the imam.
- It is not valid to stand at the left side as long as the right is empty.
It is sunnah for a Woman whether she is halal or not, to stand behind him.
- It is valid for her to stand beside him being separate.
If a follower exceeds imam (by the heel) then his prayer is invalid.
If a follower prays in a row alone without any excuse, then his prayer is invalid.
- He should tap someone to come back and join him. If he[tapped one] doesn't, then he
can pray alone.
- He can also stand next[right] to the imam.
.
They are-
1. The sick
2. The one who fears that he might got sick
- Or he fears that the recovery will be decreased.
- One who is in need of food & it is in front of him.
3. One who needs to urinate or defecate.
4. One who loses his animals and expects of it's return.
5. One who fears about losing of his wealth, opportunity or some fears coming to
it.[destruction]
6. One who fears for the wealth that is leased by him and he must protect.
Ex. looking after homestead.
7. One who fears from mud,snow,sleet,rain and winds in dark night.
It is obligatory upon--
- all free & Mukallaf[Sanity & Puberty] man who has no excuse.
- the traveller who isn't allowed to shorten his prayer.
a) distance is inadequate or reason of travelling is sinful
- the resident who lives in a place where people gather
a) Presence of 40 people is must.
b) The distance between his place & masjid is not more than a Farsakh.
It is two in raka'at.
70- Conditions for being Sahih
It is impermissible to do more than one Jumu'ah or Eid prayer in a city except in the case of-
- lack of space,
- being long distance for people
- Fear of fitnah
If it is done without need than the one in which takbir al-ihram[starting takbeer] made first is
the valid one.
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75- Salat al 'Eid-Conditions & Time
There is no Adhan & Iqamah in salat al-Jumu'ah rather than the announcement of Salatul
jami'ah thrice.
In the first raka'at after doing the takbeers he should say ta'uz & basmalah. Then he should
recite suratul Fatiha loudly.
The he should recite Sabbihisma rabbikal 'ala.
- In the second rakat he should recite suratul gashiah.
After doing salam Imam should give two khutbahs.
Their ruling are same as jumuah. But he should start the-
- first khutbah with nine tabeers
- second khutbah with seven tabeers
If salat al-Eid is prayed as like as nafl prayer then it is valid.
- Praying without the taqbeers.
- Taqbeers are sunnah.
It is sunnat al-Muakkadah.
Age requirements-
- Goat- 1 year
- Sheep- 6 months
- Cow- 2 years
- Camel- 5 years
Preference order- camel> cow> sheep-goat
Chicken can't be given as udhiyah.
It's time:- begins after finishing the first salat al eid & lasts until the end of the day of 12th
jul hijjah.
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Kitab Al-Janaiz
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83- Description of Salat upon deceased
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Kitab as-Siyam
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87- For Whom it is valid to invalidate
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Kitab az-Zakat
There are five types of wealth on which zakat is due. They are-
1. Cattles- Camel, cow, sheep and goat
2. Wealths that come out from land,
- measurable & stored objects
- crops, seeds, metals etc
3. Honey
4. Gold & Silver.
5. Merchandises.
- that bought and sold for gaining profit
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93- Nisab of Camel
Minimum nisab is 30 cows. A Tabi'[one year old male cow] is due in this case.
- Female is better.
For 40 cows- a Musinnah[two year old female] is due.
For 60 cows- two Tabi'
For 70++ cows-
- A Tabi' for every 30 cows
- A musinnah for every 40 cows.
The minimum nisab of sheep & goat is 40. A six month old sheep or one year old goat is due
in this case.
If the number reaches 121 then two sheep/goat will be due.
If the number reaches 201 then three sheep/goat will be due.
After that for every 100 sheep there a sheep/goat
will due, i.e for 400-4 sheep, 500-5 sheep, 600-6 sheep etc.
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If one or more herbs are mixed & they reach the amount of nisab of cattle with meeting
following-
- completion of a lunar year
- sharing of same pens, yards, milking station, studs and lands
then zakat must be paid as if they were one herb instead of separate herbs.
- Both owner will pay(according to their share)
96- Zakat on Wealths that comes from land. It's Nisab & Wajibat
For the wealths comes from land, they are storable & measurable objectives, such as wheat,
barley, fruits- dates, raisins, the must be met two conditions-
- When they reach the amount of nisab
- Being in possession of nisab at the time of paying(the time at when it becomes wajib)
Liability commences-
- For Seeds/Grain- when they become harden
- For fruits & vegetables - when they become edible or ripen
Nisab is Five awsaq, which is equivalent to 300 sa'.
If they are irrigated effortlessly, then 1/10 is due.
If they are irrigated with effort, then 1/20 is due.
For honey- 1/10
- the minimum nisab is sixty iraqi rital
For rikaz, buried treasure before the age of Mohammad sallallahu alaihi wasallam,- 1/5
The nisab of -
- Gold is 20 misqals, it is equivalent to 85g[21 carat].
- Silver is 200 dirhams, it is equivalent to 595 g
2.5% of them will be due as zakat.
They must be mixed so that the amount reach the nisab.
- based on amount not value, i.e. mixing
- zakat should be given according to the value.
There is no zakaat on the jewellery that are for using, lending (gifting others).
- Jewelleries where there is no financial benefit.
- Zakat must be given on the jewelleries which are for selling.
.
Conditions on giving zakat of merchandise-
1. They must meet nisab of gold or silver's value.
2. They must be in possession for one lunar year.
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After a lunar year they should be treated as zakatable wealth and zakat must be given 2.5% of
their current value.
Zakat al-Fitr is given with 1 sa' of dates, wheats, raisins, barley or Cottage cheese.
If they are unavailable then the staple food of that country can be given.
It is invalid to give their monetary value.
1 sa' - a volumetric measurement which is equivalent of 4 mudd'.
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Kitab al-Hajj
It is wajib at least once in lifetime. Prerequisites of being wajib are 5. They are-
1. Islam
2. Sanity.
3. Puberty.
4. Being free.
5. Capability.
- Ability of financial etc[road safety]
If they are done by a baby[who is mumayyiz] or a slave, then they will be counted.
- but not as obligatory hajj & umrah.
If one fulfils the conditions, then he is obliged to do them immediately as long as the road is
safe.
- If he has the money of doing umrah he must do it even if he doesn't have the money to
do the hajj.
A women requires a mahram if it requires travelling.
- It is not a distance
- The thing that is termed as travelling according to the urf.
- If she is a resident of makkah, then she is not required to have a mahram.
Capability: Ability of Collecting food, transportation & those things that are required
constantly for him & his family.
They are 4-
1. Niyyat of initiating the rituals of hajj.
- One must utter it, it is ijma'. It is a part of obligation. Ex. Allahumma
labbayika hajjan etc.
- Based on this hanabilah says saying Niyyat for others, i.e. wudhu etc, can be
done. Saying it Out loud is bid'at.
2. Standing on Arafah.
- One moment of 9th Fazr to 10th Fazr.
3. Tawaf al-Ifadah, time starts from the midnight of eid.
4. Say' on Safa and Marwah.
- Safa to marwah- one time,
- Marwah to safa- one time.
- Neat- 7 times.
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102- Arakans of Umrah
They are 3-
1. Ihram- Niyyat of Umrah.
2. Tawaf.
3. Sai'
They are 2.
1. Doing ihram from meeqat point for those who are in outside of Makkah
- The people of makkah- getting out the haram area and then doing ihram.
2. Shaving or trimming the hair.
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105- Prohibited acts during Ihram
106- What are one supposed to do if any of the above mentioned work is done.
If one wears tailored garment, uses the perfumes, covers head, plucks or cuts more than two
nails or hairs, then it is wajib for him to-
- do qurbani of a sheep or goat or
- fast 3 siyam or
- to feed 6 miskeen
- 1 mudd wheat or 2 mudd other foods
One can do either of these things.
One who kills a game animal, which analogous types of cattle is present then he must-
- do qurbani of it, Ex. Ostritch- a Camel;
deer- a cow; aardwolf- a sheep; gazzlle- a sheep; hyrex, consumable lizard- a young
goat; jerboa, a cross between mouse and rabbit, - 4 months she goat; rabbit- she goat
less than 4 months; Hamam, a bird- a sheep.
- or bring an animal liken to it & use it's monterrey value to feed miskeen.
For other animals one must consult with two experts.
If the animal does not have analogous types, then it's monterrey value must be used to feed
miskeen.
- Ex.
- If the value is enough to feed 60 miskeen, then he should feed 60 miskeen.
- Or he should fast 60 days
- He should distribute it in that area.
.
.
.
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(Bidayat al-Abid)
Kitab al-Jihad
It is Fard al-Kifayah.
- The obligation is fulfilled if done by some people from the community.
It becomes Fard al-'Ayn-
- When the enemy is present.
- If someone were to attend, he can't go back.
- If someone or a city is surrounded by the enemy.
- upon the people of that region
- If the imam says.
It becomes highly recommended-
- When sufficient people is present.
It is obligatory upon-
1. Sane & Baligh
2. Free
3. Capable
4. Sound.
- Who doesn't have any disability.
5. Man
Jihad is the most virtuous voluntary act[when it is Fard al-Kifayah]. Others are (according
to order)-
- Spending for jihad{2}
- Acquiring voluntary knowledge from hadis, fiqh & tafsir and teaching {3}
- Nafl salat.{4}
Naval expeditions are better.
- Because it is more danger & difficult.
Ribat is sunnah.
- It refers to guarding the fortified border of the combat line.
- Least duration - a moment.(according to 'urf)
- Complete term- 40 days.
It is more preferred-
- Where is severe fear.
- than staying at Makkah.
The more the fear, the more it is preferred.
Insolvent debtor shouldn’t go to voluntary jihad-
- unless the debtor gives him permission
- or he should mortgage something
- Debtor will use it
- or he should assign a solvent guarantor.
A man shouldn’t go to a voluntary jihad without his parents permission.
- Parents must be free muslim.
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It is not permissible for muslims to escape or retreat from an army which is twice their size,
even if it is one on two.
- It is permissible if the army is more than twice their size.
It is not permissible to kill-
- Children, women, hermaphrodite, priest, very old, permanent sick & a blind.
- If they do not-
- provide counsel
- fight
- or help to fight[encouraging]
Imam has choice, regarding the captured free soldiers, between-
- killing, enslaving, emancipation, exchanging with wealth or muslim prisoners.
It is wajib for imam to choose the more appropriate one.
- If he is in doubt then killing is the best option.
They[army & it's chief] must purify their intentions for Allah in their acts of worship.
- Fighting, curing the injured etc will only for the sake of allah.
Imam has to do contract with (keep checking) the soldiers and their horses.(*)
He should prohibit to attend the following figures -
- The one who is not suitable
- The immature[the one who hasn't reached the age of puberty.
- Mukhajjil or Discouragers, those who say, don't fight, we are not getting anything,
there is no benefit in this fight etc.
- Murjif or Alarmists, the one who say that, they are stronger etc
- Spy, who has the knowledge of inner workings of plan or strategy, he can tell the
enemy the update news.
- Known hippocrates
- Inciter of civil unrest(mischief among them)
- Children, Women
- Except for the elderly who serve as water bearers etc.
It is haram to seek assistance from kuffar except in dire need.
- determined by fakih.
Army chief should prevent his army from-
- impermissible things
- being busy with commerce
.
He should --
- prepare wages & rewards to the people who will stand, fight, not escape or change
their position.
- seek counsel from experienced people.
Whoever kills a combatant at the time of war, he is allowed to take his belongings.
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Belongings are-
- clothing, jewellery, weapons, horse or animals upon which he is fighting & the
belongings which are on it[horse].
You can only take his belongings not the thing that he owns. The other things are included in
ghanimah[war booty]. They are-
- money, saddle, tents, animals used to carry loads(pack animals).
Ghanimah[War Booty]
The things that are confiscated from the army of al-Kuffar when they are killed, defeated.
- Possessing them made them ghanimah as long as they are in the land of kuffar
They are divided into 5 parts.
- 1st part, i.e. 1/5th, of it can be subdivided into 5 categories, where the share can be
divided. They are-
- Allah & his messenger
- Used to help muslims, Ex. building hospitals.
- Relatives of prophet saw- the family of al-hashim and al-muttalib
- Male will take twice than the female.
- the poor orphan
- Yateem- The person, whose father died before puberty
- The needy[miskeen]
- the wayfarer, who does not find enough money to go back.
- Others, i.e. 4/5th, are divided among soldiers who attended the fight(witnessed)
- Foot soldiers will receive one share.
- Horseman riding arabian horse will take three shares.
- One for him and two for his horse.
- Horseman riding an non-arab will receive two shares.
Followings are all fay, which should be spent for the benefit of muslims-
- Jizyah, whatever is taken from non-believers without fighting, land taxes,
- 10% trading taxes of one who has no contract with muslims,
- 5% trading taxes of one who has contract with muslims,
- what they are abandoned in fear
- The things that are left from them due to their escape.
- the things of a deceased who has no inheritors.
Dhimmah[Pacts of protection]
Whoever--
- refuse to pay jizya according to the description that mentioned or refuses to adhere
our laws or
- fight us
- commits adultery with a muslim woman, weather she agrees or not or
- commits intercourse with her claiming as [in the name of] marriage.
- commits robbery
- Spies or keeps a spy
- mentions allah, his book, his religion or his prophet saw in a bad manner
- kills a muslim
- causes a mischief by telling muslims to leave the religion or to follow another
religion.
-- his contract is broken. He will go back in a state of other kafir. He will not be treated as
dhimmi.
- His family will not be judged as him.
The ruler must treat him as a captured soldier.
He must choose from-
- killing
- enslaving
- emancipation
- exchanging with wealth or muslim prisoners.
If he is hesitant then killing is better.
His wealth becomes fay'.
It is haram to kill him, if he accepts islam, even if he insults a prophet saw.
- It is only for the dhimmi.
َ أ َ ْست َ ْغ َف ُركَ َوأَت ُ ْوبُ َإلَيْك، َ أَ ْش َهد ُ أ َ ْن الَ َإلَهَ َإاله أَ ْنت، َس ْب َحانَكَ اللّٰ ُه هم َو َب َح ْمدَك
ُ
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