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From:
MUSA PEMBO <[log in to unmask]>
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The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Wed, 26 Oct 2005 11:54:16 +0100
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What can a woman who is menstruating do on Laylat al-Qadr? 

 Menstruating women have to keep in mind the fact that during their menses, women can read the Qur’an and make dhikr (remembrance of Allah) and du`a’ (supplication), though they are forbidden from fasting, performing Salah (prayer) and touching the Mushaf (copy of the Qur’an). In this way, they still have the opportunity to observe Laylatul-Qadr (the Night of Power) by reciting the Qur’an from memory and making dhikr such as ( – such as saying Subhaan-Allaah, La ilaaha illa-Allaah, al-Hamdu Lillaah, etc. She can repeat the words “Subhaan-Allaah wa’l-hamdu Lillaah, wa laa ilaaha ill-Allaah, wa Allaahu akbar (Glory be to Allah, praise be to Allah, there is no god but Allah and Allah is Most Great)” and “Subhaan Allah wa bi hamdihi, subhaan Allah il-‘Azeem (Glory and praise be to Allaah, glory be to Allaah the Almighty)” etc.
2-     Istighfaar (praying for forgiveness), by repeating the phrase “Astaghfir-Allah (I ask Allah for forgiveness).”

3-     Du’aa’ (supplication) – she can pray to Allah and ask Him for what is good in this world and in the Hereafter, for du’aa’ is one of the best acts of worship. The Prophet (peace and blessings of Allah be upon him) said, “Du’aa’ is ‘ibaadah (worship).” (Narrated by al-Tirmidhi, 2895; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 2370).

Responding to thid question,the prominent Muslim scholar, Dr. Muhammad Abu Laylah, professor of the Islamic Studies & Comparative Religions at Al-Azhar Univ. states:
  A menstruating woman should not perform Salah (prayer) nor touch the Qur'an, but she can make du`a' (supplication) and share with other Muslims their prayer by watching and listening to TV channels or radio stations that broadcast Tarawih prayer live.

  She can ask someone to put the Mushaf on a table or a stand and read from it without touching it. She can take a cassette and listen to Qur'anic recitation.

Stressing the permissibility of a woman reciting the Qur’an in their menses, we would like to cite the fatwa issued by the Saudi House of Fatwa headed by the late Sheikh `Abdul-`Aziz Ibn Baz (may Allah bless his soul):

  There is nothing wrong with a menstruating woman or a woman in post-natal bleeding to recite the Qur'an, because there is no clear-cut authentic Hadith that forbids them from doing so. However, it is reported in an authentic Hadith that one who is Junub (one in a state of impurity following sexual intercourse or wet dream), must not read the Qur'an while he or she is impure, according to the Hadith reported by `Ali (may Allah be pleased with him).

  The Hadith reported as regards the menstruating woman and the one experiencing post-natal bleeding reads: “The menstruating woman and the one who is Junub are not to read Qur'an". This Hadith is reported by Ibn `Umar, but it is Da`if (weak), because the Hadith was reported by Isma`eel Ibn `Ayyaash from the Hijaaziyeen, and he is famous for narrating Da`if Hadiths from them.

  However, such woman (in menstruation or post-natal bleeding) should not touch the Mushaf; she can recite from her own memory [or from a copy of the Qur’an without touching it, as per the above opinion]. As for the Junub, he or she is not to recite the Qur'an, whether from memory or from the Mushaf, until he or she has performed Ghusl (purificatory bath). The difference between them is that the time span for the one who is Junub to have himself or herself purified is very short; he or she can do Ghusl right away after lovemaking or wet dream. The Junub does not stay in this condition for long, and it is up to him/her when he/she wants to make Ghusl; if he/she does not find water, he/she can do Tayammum (dry ablution) and then he or she can pray and read the Qur'an. But the woman in menses or in post-natal bleeding has no control over her situation – the matter is up to Allah the Almighty.

  Therefore, it is permissible for them to recite the Qur'an so that they do not forget it and they do not miss learning the teachings of Shari`ah from the Book of Allah. If that is the case, then it should certainly be permissible for them to read books containing du`a' that are mixed with verses and Hadiths, etc. This is the view believed to be the most correct.

Finally, Sheikh Muhammad Iqbal Nadvi, Imam of Calgary Mosque, Alberta, Canada, and Former Professor at King Saud University, Riyad, Saudi Arabia, concludes:

  A menstruating woman is not supposed to pray. She can do the following:

  1. Read as much as she can to increase he knowledge about Islam.

  2. Make du’a’ and spend time making dhikr to Allah Almighty.

  3. Listen to the Qur’an or read from her memory.

  4. Watch Islamic programs or shows on TV or video to educate herself about Islam.

  5. Attend religious classes to be always around the committed sisters.

  Forcing One's Wife to Make Love during the Day of Ramadan.

  He who forces another person to nullify his fasting incurs a grave sin. Islam does not give a man the right to make his wife break her fast before its due time during Ramadan, although this may be the case with fasting in times other than Ramadan.

  If the man exceeds his limits and wants to have sexual intercourse with his wife during the day of Ramadan, she should not obey him; if he forces her to do so, she is not sinful, and thus is not required to expiate for such a deed. However, she is to make up for that day later, as her fasting has been nullified by sexual intercourse. It is the husband who is sinful in that case and is required to repent and expiate for the sin he has committed.

  In  response to this question, Dr. Husam al-Din ibn Musa `Afana, a professor of Principles of Islamic Jurisprudence at Al-Quds University, Palestine, states:
    It is unanimously agreed upon that sexual intercourse is one of the causes that nullify fasting. Allah Almighty says: (It is made lawful for you to go unto your wives on the night of the fast. They are raiment for you and ye are raiment for them. Allah is aware that ye were deceiving yourselves in this respect and He hath turned in mercy toward you and relieved you. So hold intercourse with them and seek that which Allah hath ordained for you, and eat and drink until the white thread becometh distinct to you from the black thread of the dawn. Then strictly observe the fast till nightfall and touch them not, but be at your devotions in the mosques. These are the limits imposed by Allah, so approach them not. Thus Allah expoundeth His revelations to mankind that they may ward off (evil).) (Al-Baqarah 2: 187)

    Allah Most High says in a hadith qudsi: "All the deeds of Adam's sons (people) are for them, except fasting which is for Me, and I will give the reward for it. He (the fasting person) has left his food, drink and desires for My sake." (It is an authentic hadith reported by Ibn Khuzaymah.)

    It is forbidden for a Muslim to nullify his fast or another's fast without justification; he who does this intentionally incurs a grave sin.

    There is a scholarly difference as to the legal rulings concerning forcing a person to break his fast before its due time. Let's narrow down this point to forcing one's wife to nullify her fast by performing sexual intercourse.

    The majority of jurists from the Hanafi and Maliki schools are of the opinion that if a man has forced his wife to make love to him during the day-time of a day in Ramadan, [she is not sinful, yet] she is to make up for that day later, for her fasting has been nullified by sexual intercourse. The husband is to make up for that day later and he is also to expiate such a deed. [The expiation consists of freeing a sound Muslim slave; if this is not possible, then the expiation is to fast the days of two consecutive months. If this is not possible, then the expiation is to feed sixty unfortunates]. This view is adopted also by a group of the Shafi`i school and a group of the Hanbali scholars.

    Other groups of the Shafi`i and Hanbali scholars believe that the fast of the wife in that case remains valid, for she has broken her fast under coercion. They quote as evidence of their view the hadith in which the Prophet (peace and blessings be upon him) said: "Allah Almighty will not call my nation to account for what they have done by (unintentional) mistake, or out of forgetfulness or under coercion.” (Reported by Ibn Majah and Al-Hakim)

    I am most inclined to adopting the opinion that the wife forced to nullify her fast during the Day of Ramadan by sexual intercourse is to make up for that day later. This is because I believe that a wife in that case is not one hundred percent forced; her response to making love often implies some kind of agreement and sexual desire too. Besides, the concept of coercion is controversial to many people.
  Kinds of Kaffarah(forms of expiation)

  In the Name of Allah, Most Gracious, Most Merciful. 

  All praise and thanks are due to Allah, and peace and blessings be upon His Messenger. 

  The following is the fatwa issued by Sheikh `Atiyyah Saqr, former head of Al-Azhar Fatwa Committee: 

  “In general, kaffarah (expiation) is of two kinds: major expiation (kaffarah mughallazah) and minor expiation (kaffarah mukhafafah). The latter is also called fidyah (ransom). 

  It is worth stressing here that expiation is considered as an act of worship, which necessitates an intention prior to doing it. 

  There are four kinds of expiation: expiation for manslaughter, expiation for having sexual intercourse with one’s spouse during the fast of Ramadan, expiation for zihar (declaring one’s wife as unlawful as the mother) and expiation for breaking one’s oath. 

  The first three involves freeing a believing slave. If one is unable to do this, one may resort to fasting two consecutive months. If it is not possible to do so, one is to feed sixty needy persons. One is not allowed to move from one to the next unless one is really unable to do the first. 

  Allah says, “Those who put away their wives (by saying they are as their mothers) and afterwards would go back on that which they have said; (the penalty)in that case (is) the freeing of a slave before they touch one another. Unto this you are exhorted; and Allah is well acquainted with (all) that you do. And he who finds not (the wherewithal), let him fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones...).” (Al-Mujadalah: 3-4) ‏ 

  The Prophet (peace and blessings be upon him) said to a man who committed sexual intercourse intentionally during the fast of Ramadan, “Could you set free a believing slave?” The man replied “No”. The Prophet (peace and blessings be upon him) then said, “Could you fast two consecutive months?” Yet again the man answered “No” . Then the Prophet (peace and blessing be upon him) brought some dates and said to him, “(Take this and) give it as charity.” The man then said, “Is there anyone who is poorer than me?!” Therefore, the Prophet (peace and blessings be upon him) said, “Go and offer it to your family.” (Al-Bukhari and Muslim) 

  Fasting, in this case, should be performed successively. In case of breaking it, it should be resumed and started from the beginning even if there is an excuse for breaking it. However, menstruation and post-natal bleeding, in the case of a woman who committed unintentional murder, does not break its successiveness. 

  As for the fourth expiation, namely, the expiation for breaking an oath, one is to free a believing slave. If this is not possible, one should feed ten needy persons. If it is not possible, then may fast three days either successively or otherwise. 

  On the other hand, fidayah is of three types: 

  1. Feeding a needy person for a day from the same food one usually offers to his family. This kind of ransom is for whoever breaks the fast in Ramadan for one day due to an excuse such as pregnancy, breastfeeding, chronic sickness, and old age. Allah says, in regard to fasting during Ramadan, “For those who can do it (with hardship), is a ransom, the feeding of one that is indigent.” (Al-Baqarah: 184) 

  Furthermore, the ransom should be fulfilled by one who removes or plucks one’s hair or cuts one’s nail in the period of Ihram (state of ritual consecration) during Hajj. 

  2. Feeding two needy persons a day. This is also applied in many cases, for example, when cutting two hairs or two nails during the period of ihram for Hajj or `Umrah. 

  3. Offering sacrifice, and this kind is to be fulfilled if one, for example, kills an animal of the chase in the sacred precincts or while wearing ihram, cuts a lock of his hair or cuts more than two nails at once, wears perfume, or fails to assume ihram at its due and fixed place.” 

  Allah Almighty knows best 


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