I live in Portugal in an island where there is no mosque; besides the island is far from other cities. There is no way to pray in a congregational prayer in a mosque or to pray Friday Prayer because the distance to the nearest city takes an hour and half. Am I permitted to stay at home and to leave out Friday Prayer?

Actually, if you have gone there for a legitimate reason such as to look for lawful means of living, you may pray at home either alone or with your wife, if you have a wife, or with a Muslim friend, if you have a Muslim friend. There is no sin on you insha’a Allah. Then after you finish your business in this city, you should go back to another city where there are mosques and where you can attend Friday Prayer.

Is it permissible to perform wudu’ (ritual ablution) while wearing shoes and wipe over the shoes or over the socks, particularly when I am in a remote area away from home and mosques?

It is permissible to wipe over socks according to the Hanbilite scholars contrary to the position of the Malikites who do not permit wiping except over socks made of leather. Anyway this is permissible and there in no sin insha’Allah.

. The query being responded

to here centres on whether differences of opinion (ikhtilaf) in religious matters is a mercy or not.

In the Name of Allah, the All-Merciful, the Compassionate

This is a vital issue. For the question of differences (ikhtilaf) of the ummah being a mercy occurs in a

hadith whose authenticity is unconfirmed. Al-Bayhaqi recorded it with a disconnected (munqati’)

chain; via Ibn ‘Abbas, with the words: “Allah’s Messenger, peace be upon him, said: Whatever comes

to you from the Book of Allah is to be acted upon; there being no excuse for anyone to leave-off doing

so. If it is not in the Book of Allah, then upon a previous Sunnah of mine. If there is no previous

Sunnah of mine, then what my Companions (sahabah) say. Indeed, my Companions are like the stars

in the sky, whichever of them you follow, you will be guided aright. Differences of opinion among

my Companions are a mercy for you.” Al-Albani analysed it in al-Da’ifah, no.59, and decalred: “It is

fabricated.”

The hadith is also recorded by Ibn al-Hajib, with the words: “Differing among my ummah is a mercy.”

Mulla ‘Ali al-Qari records this wording and notes: “Al-Suyuti said: It is recorded by Nasr al-Maqdisi in

al-Hujjah and al-Bayhaqi in al-Risalah [al-Ash’ariyyah], without a chain. It was also recorded by al-

Halimi, Qadi Husayn, Imam al-Haramayn and others. It may have been related [with a chain] in some

manuscripts of the hadith masters which have not reached us; and Allah knows best.”2

Al-Suyuti relates from ‘Umar b. ‘Abd al-’Aziz that he used to say: “It would not have pleased me if the

Companions of the Prophet, peace be upon him, did not differ. For if they had not differed, there

would have been no leeway.”3

Similarly, al-Khatib cites Harun al-Rashid saying to Malik b. Anas: “O Abu ‘Abd Allah, we will copy this

book,” meaning the Muwatta’, “and command people to adhere to it, and will send copies of it to each

of the Islamic provinces so that the ummah may follow it.” He responded: “O Leader of the Believers,

differences between the scholars is a mercy from Allah for this ummah. Each followed what he

believed to be correct; each was upon guidance; each aspiring to Allah.”4

These statements show that although the hadith, “Differences among my ummah is a mercy” is not

established, it does, nevertheless, have a basis. The words of ‘Umar b. ‘Abd al-’Aziz and Malik, may

Allah have mercy upon them, prove that this issue does have a foundation. The meaning is that those

differences that have valid justifications – due to their textual wordings or due to understanding the

actual text – they are praiseworthy and legitimate differences. This is why Ibn al-Qayyim, may Allah

have mercy upon him, calls such differing “legitimate differing between the people of Truth.” This is

the catagory of differing in which there is no problem. Here, a Muslim should be open to the wisdon

that one of the scholars once advised his son with: “Know the differences and become more tolerant.”

For when a person knows the differences of opinion of the scholars, and that the rationale behind

such differences are due to differences in the textual wordings or in understanding the actual texts,

then such are differences of ijtihad 5 about which Ibn al-Qayyim states: “If in the issue there is no

[decisive text from the] Sunnah, nor a consensus, then ijtihad is legislated: there must be no censuring

someone who acts in it either as a mujtahid or as a muqallid.”6

Al-’Izz b.’Abd al-Salam stipulates: “Whoever comes with an issue for which there is a difference of

opinion over its forbiddance, and holds it to be lawful, cannot be censured – unless, of course, the

opinion is an extremely weak one.”7

Therefore, differing such as this is a sort of convenience for people in non-fundamental matters

(furu’).8 Whosoever acts according to any of the opinions of the scholars is, Allah willing, not at fault.

Even if he is mistaken, he is forgiven for his error. For whoever strives their utmost [to arrive at an

Islamic ruling] and is correct, receives two rewards; whoever strives and errs, receives a single reward

– as per the hadith related by al-Bukhari, no.7352, and Muslim, no.1716; from ‘Abd Allah b. ‘Amr, may

Allah be pleased with him. Thus, in this case one cannot reproach such differences. These are the

differences which have been likened to being a mercy, for they provide a sort of ease and flexibility

in resolving difficult problems for the ummah, as well as allowing people to coexist peacefully with

one another, without the presence of unjustified grudges or rancour.

As for the differing that is forbidden, its like is found in the statement of Allah, Exalted is He: Dispute

not with one another, lest you falter and your strength departs.9 This type of differing provokes

enmity and hostility, which the Prophet, upon whom be peace, catagorically prohibitted. He

strictured: “Do not hate one another, nor be hostile to one another, nor spy on each other. But be, O

servants of Allah, brothers.” Related by al-Bukhari, no.6066, and Muslim, no.2563, by way of Abu

Hurayrah, may Allah be pleased with him. This type of differing that incites hatred and hostility refers

to differing in the fundamental issues of belief (al-aqa’id al-kubra). It is, to use a contempory

expression, “stepping beyond the red line.” What is meant is that it transgresses the bounds of the

acceptable differing and instead leads to strife, and to some of the ummah fighting against others.

Therefore the ummah is unable to unify its affairs or face up to its challenges. This differing is

reprehensible.

Thus, there is a type of differing that is commendable, for which there are certain indicators. This

differing has known causes; its effects on the ummah are healthy; and it gives rise to ease. Then there

is a type of differing that has ill-effects on the ummah; this is the blameworthy type of differing. It is

therefore required by the seeker of truth to be cognisent of this. He must have insight into the type of

differing which can be overlooked, and that type which wreaks havoc upon Muslim unity and

engenders enmity and hostility; which the Sacred Law forbids.

I hope that the questioner comprehends this. And Allah, Transcendent and Exalted is He, knows best.

The topic of this responsum is the delicate matter of wala’ and bara’ – usually glossed as “loving and hating for

Allah’s sake”. The questioner states that she has a female Christian friend, and would like to know whether

such friendship contravenes the Islamic teachings or norms.

The Response

All praise be to Allah. To proceed:

There is no problem in this, Allah willing. For Allah, Transcendent and Exalted is He, says: Allah does

not forbid you to be benevolent and equitable to those who have neither made war on your religion

nor driven you from your homes. Allah loves the equitable.2

This verse, as the majority of scholars hold, is one whose legal provision still holds; it has not been

abrogated.3 Consequently birr, or benevolence here, embodies the notion of kindness, justice and

fairness. This goes to prove the permissibility of such friendship, providing this friendship is not based

upon creed (‘aqidah) – meaning, that they not be loved for their [false] beliefs. As for relationships

with them in the worldly sense, Allah, Exalted is He, says concerning non-Muslims parents: Bear them

company in this worldly life in kindness.4 An authentic hadith records that the Prophet, peace be

upon him, instructed Asma’ – when her disbelieving mother was about to visit her: “Treat your mother

kindly.” Recorded by al-Bukhari, no.2620 and Muslim, no.1003.

Thus, friendly relationships from a non-creedal angle is not that type of mawalat, or loyalty and

friendship, that Allah prohibits. There is no issue at all with such an affair, or with intending to steer

her towards guidance through good conduct and character. If Allah wills, this is part of inviting others

to Islam. And Allah knows best

Background:

The celebration of the birthday of the Prophet (peace and blessings of Allah be upon him) is an issue of controversy amongst the scholars. Thus, there were some who considered it a disliked innovation, a few even saying it reached the level of prohibition, and there were others who considered it a praiseworthy innovation.

This difference is traced back to a divergence concerning the division of innovation (bid’ah). Some scholars recognized the validity of such innovations and this was, primarily, the school of Imam Al-Shafi’i (May Allah have mercy upon him) and the head of this thought was Al-’Izzi Adin Abdul Salam (May Allah have mercy upon him). In addition, Imam Al-Qarafi (May Allah have mercy upon him) who was a Maliki, carried this same opinion, giving it great attention , explaining it in an exhaustive manner. In his discussion Al-Qarafi (ra) expanded the concept of innovation to included innovations that were commendable, highly recommended, obligatory and a disliked nature. Thus, he divided innovation into five parts: (obligatory, recommended, permissible, disliked and forbidden).

There were some scholars who failed to accept this division contending that, “Any innovation, if it appears, then it is repulsive in nature.” They did this by restricting the statement of ‘Umar (ra), regarding the tarawih prayers, “This is a good innovation” to its linguistic meaning. There was a large body of scholars who held this opinion such as Taqi al-Din Ahmad Ibn Taymiyyah, Al-Shatibi, in his book Al-’Itisam, and many scholars from the Maliki and Hanbali schools (may Allah have mercy upon all of them).

Finally, there were scholars who wrote in support of celebrating the Mawlid such as Al-Suyuti (May Allah have mercy upon him) and, at the same time, there were others who wrote against it. Thus, in my opinion, there is no need to drag this discussion out, nor continue to argue about it any longer.

The Ruling:

Whoever wants to celebrate the Prophet’s (sa) birthday should celebrate it and avoid doing any action contrary to Islamic Law. This act should be done with an intention that it is not a sunna nor an obligatory act. If these conditions are observed, and one is careful not to contradict Islamic Law, out of sincere love for the Prophet (Peace and blessing of Allah upon him), then, Allah willing, there is nothing wrong with this action and this person will be rewarded.

Commenting on this, the Shaykh of Islam Ibn Taymiyyah (May Allah have mercy upon him) said, “Indeed, such a person will be rewarded because of his intention.” Likewise, for the one who shuns this celebration, seeking to cling to the sunna out of fear of falling into innovation, then this person will also be rewarded, Allah willing. It is important to note that this is not a big issue. Nor is it necessary to give it more attention then it deserves.

The Methodology:

Our attention towards this issue is directed towards uniting the Muslims and curbing these differences. We base this understanding on facilitation (for both sides) and ease. This ease is not founded on an empty premise, but is referenced directly back to the Quran, traditions of the Prophet (sa), the fundamental objectives of Islamic law, and the order of the Prophet (sa) to work towards unity between others. If a contentious issue arises pertaining to a matter, we exercise great consideration and respect for both sides. This consideration is not simply an act of being overly accommodative, as some contend, or attacking those who hold weak opinions. But, this respect and consideration for differences is guided by the fact that both opinions are based on proofs from Islamic Law. In some regards these proofs are clear, and in other regards the opposite holds true. Thus, some (scholars) have provided evidences for these acts’ legitimacy, and others hold proofs for the opposite. In conclusion, our stance is that both are on goodness, Allah willing, as long as this act is not mixed with some type of evil and the intention is correct.

Allah knows best.

Translated by Suhaib Webb