In a pleasant surprise, the famous erudite scholar Shaykh Abdullah bin Bayyah, may Allah preserve him, phoned Shaykh Muhammad al-Yaqoubi from Morocco on Tuesday 23rd August.

The two luminaries exchanged information on the situation in Syria, while Shaykh bin Bayyah showed his utmost support for Shaykh al-Yaqoubi in his recent position against the killing and the oppression of the Syrian people. Shaykh bin Bayyah praised the courageous stance Shaykh al-Yaqoubi has taken in speaking up against the tyrant of Syria with knowledge and wisdom. He then made a lot of Du’a for Shaykh Muhammad and the Syrian people, for their victory and relief.

Shaykh al-Yaqoubi praised Shaykh Abdullah bin Bayyah for his position during the events, his knowledge and high level of scholarship; as he is one of very few scholars in our time capable of applying the principles of Usool al-Fiqh and Qawa’id and taking the best benefits of them to our modern fiqh questions.

Both scholars agreed that the bloodshed must stop, while Shaykh bin Bayyah highlighted the five most important principles that Sacred law protected, namely: religion, life, lineage, intellect and wealth. They both stressed on the strong link of love and respect that joins them together. Shaykh Muhammad showed his support to Shaykh bin Bayyah’s efforts and the two will work together for the best of the Muslim Ummah.

The last time Shaykh Muhammad al-Yaqoubi met Shaykh Abdullah bin Bayyah was almost two years ago in Kuala Lumpur, Malaysia. Shaykh Abdullah bin Bayyah’s son, Cheikhna, who is also a young scholar, was the one who arranged the telephone call.

May Allah preserve Shaykh Abdullah bin Bayyah and bless Shaykh Muhammad al-Yaqoubi, and may their services and benefits to Islam and the Muslims continue forever.

(Shaykh Muhammad al-Yaqoubi page on Facebook.)

Q- My husband works for a company in London. Recently he asked his boss if he would excuse him on Fridays to observe the Friday Prayer. His boss refused and my husband is unable to observe it. What is the ruling on one in this situation? Is there any action that can be done to make up for missing this prayer?

A- The Friday prayer is an obligation according to the Qu’ran and the Traditions of the Prophet [May Allah’s peace and blessings be upon him].

The Qur’an states: “Oh you who profess faith! When you are called to the prayer on they day of congregation [Friday], rush to the remembrance of Allah and leave off [all forms of] commerce: this is better for you, if you but knew.” The Qur’an 62:9

The Prophet Muhammad [May Allah’s peace and blessings be upon him] cautioned leaving the Friday Prayers [without a valid excuse] stating that one who abandoned three Friday prayers, “Allah will seal his/her heart.” Thus, [this makes it clear] that observing the Friday prayer is an obligatory action.

However, if we look at this issue regarding this woman’s husband, we must do so from the perspective that he is unable to find another means of employment unless he works with this person. Therefore, it is likely that he is excused [for missing the Friday prayer]; conditioned that he is not able to find another job. So, [under these conditions], he is excused for missing the Friday prayers and should pray four rakat’s until he finds another place to work.

This is what is apparent to us regarding this situation based on the order of benefits and harms, that the Friday prayer has a replacement [the noon prayer] and that the scholars allowed one to miss the Friday prayers due to hail, heavy rain, illness, weakness and so on. Please refer to Imam Khalil al-Maliki’s explanation in his book where he wrote: “Excuses for missing it [the Friday prayer]: extreme mud, rain, leprocy, the sick and the one engaged in nursing the weak/ill” and this issue falls under the above.

Allah Knows best

Translated by suhaib webb

Q- “Is it allowable for me and women [who are eligible to marry] to shake hands sometimes?”

A- “The origin [of this ruling] is that a man is not allowed to shake hands with a woman [who he is eligible to marry and vice versa]. However, if she is an elderly woman then the school of Abi Hanifa [may Allah have mercy upon him] considered shaking hands with her permissible. Perhaps, the questioner will state that, “By not shaking a woman’s hand it could lead to hardship or shared ill feelings and so forth?” If not shaking hands will lead to the actuality of those fears, then it is allowable to shake hands as long as there is no evil feelings or affection for the woman [and vice versa]. And if the opposite holds true, then it is not allowed to do so.

Dr. Abdullah bin Bayyah

* Note, there was some abridgment done to this answer to make it clearer to the English audience. However, the meaning and answer of Dr. Bin Bayyah was not changed.

Translated by suhaib webb

Q- What is meant by moderation?

A- “By moderation we mean a comparison between the universals [of Shari’ah] and its particulars; a balance between the core aims [of Shari’ah] and its secondary branches and a strong correlation between the fixed [texts] and consideration for the changeable [texts related to] benefits [where applicable] when giving religious edicts and opinions without additions or subtractions.”

Imam al-Shatibi said in al-Muwafaqat:

“The competent mufti, of the highest authority, is one who carries people to a natural balance which is appropriate for the masses. He does not lead them to the way of extremism, nor does he lean with them towards the excess of unbridled liberalism. The evidence for this is that it [the way of balance and moderation] is the straightway which the Shari’ah brought. Thus, it operates on the premise that the goal of Shari’ah, for the one charged with worship, is to bear [his-her religious articulation], upon moderation, without any excessive hardship nor disproportionate ease. Therefore, if the Mufti goes beyond this [balance], in dealing with those who seek fatwa, then he has left the aim of the law giver [Allah]. For that reason, anything that goes beyond the range of moderation is considered debased by the scholars. “

Translated by suhaib webb

Furthermore, the Quran says, “Do not disagree:” do not “tanaaza`u” that is a strong word in Arabic. It is different from “ikhtilaaf: disagreement.” “Tanaaza`u ” is saying, do not have conflict with one another-not disagreement-but conflict. Do not have conflict with one another, and if you do that, the wind that gives you strength to move forward will dissipate, and you will fail in your task. You will fail in what you want to achieve. Allah subhaana wa ta’aala said, “Rectify what is of between you.” That is, Allah says to rectify the differences that you have. Rectify the hearts, so that you come together. The Messenger of Allah, sallallaahu ‘alayhi wa sallam,said, “Al-muslimu akh ul-muslim: The Muslim is a brother of his fellow Muslim.” He does not oppress him nor does he give him up to the enemy. Thus, all of these are indications that we should be together in spite of our differences if those differences are based on valid fiqhi differences; and this is why we must look into the jurisprudence related to differences of opinion

Translated by suhaib webb