What is the ideal position for a Muslim to take when confronted with different scholarly opinions?

The Answer:

What is obligatory is to investigate the correct opinion in every issue, and to investigate the opinion that actualizes benefits for the Muslims and protects them from harm as long as [that opinion] is not free of evidence [from the sources of Islamic Law]. This type of investigation requires insight, knowledge and a deep understanding. Thus, if one is unable to perform such a task, then what is asked of him is to follow, from amongst the scholars, one who possesses the most insight, knowledge and is known to be a person of piety and righteousness. In addition, such a scholar should be known as one who does not haste in giving religious edicts, nor does so without knowledge. Therefore, [if one finds] a scholar who gives religious edicts who acquired the above mentioned qualities, then he [the questioner] should follow that scholar’s opinion and there is no blame on him in doing so.

Dr. Abdullah Bin Bayyah

The Question:

“Is allowable for me to pray behind an Imam who reads the second khutbah in a language other than Arabic?”

The Answer:

The origin is that the Friday sermon is conducted in the Arabic Language, and this is the opinion of the majority of the scholars. However, Abu Hanifa, may Allah have mercy upon him, allowed for the sermon to be given in a language other than Arabic. Therefore, there is nothing to stop one from praying with this Imam particularly if the people of that country do not [speak/understand] Arabic. However, we advice this Imam to, at a minimum, mention a few words in Arabic during the Friday sermon such as, remember Allah and seek Allah’s pardon. These [Arabic phrases] will allow him to avoid falling into a disliked act, the differences and the doubts that surround this issue. We ask Allah to guide you and us.

Dr. Abdullah bin Bayyah

The Question:

“Is it allowable for me to eat in an establishment where alchohol is served?”

The Answer:

The origin [related to this act] is that a Muslim is not allowed to sit at a table where alcohol is served as found in a sound hadith related by Imam Ahmed and Imam al-Tirmithi. However, this type of prohibition is from the prohibitions related to means about which Ibn al-Qayyim said, “Indeed, the prohibitions related to means are not the same as the prohibitions related to objectives*.The prohibitions related to means are made permissible in the face of needs and the prohibitions related to objectives are only permissible in the presence of necessities.” Thus, this [act of sitting at a table were alcohol is served] is from the prohibitions related to means.

Some of the scholars stated that the prohibitions related to means are from the makhrohat [disliked acts]. Therefore, if one needs to sit in such a restaurant, he should not sit at a table where alcohol is served, and if he does, he should not do so in the presence of his small children who could be affected by it. If one needs to take food from such a restaurant, and he cannot find any other place to take his food, then this issue is one that rests upon hardship, difficulty and a sincere need. Thus, in the presence of the prohibition [the hadith alluded to above] this order could be understood to be disliked or [an absolute] prohibition. However, it is from the prohibitions related to needs, means and necessities whose rulings are lifted [made permissible] in the face of sincere needs as Ibn al-Qayyim mentioned.

Dr. Abdullah bin Bayyah

*the difference between muharamat al-wasail [prohibitions related to means] and muharamt al-maqasid [prohibitions related to aims/objectives] is that the former, although forbidden, are considered lesser in weight than the latter as the former are related to causes, where as the latter are related to an actual forbidden act. Thus, sitting at the table, although not the same as drinking, could lead to it whereas drinking in itself is absolutely forbidden.

The difference between Hajat [needs] and Daruriyyat [necessities] was discussed in great detail by al-Shatibi D. 691 A.H in his monumental work al-Muwafaqat. He states that Daruriyyat are things whose absence would cause life to cease, and hajjat are things that one needs to function comfortably but in their absence one would experience some hardship. For a more detailed discussion click here.

The Question:

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?

The Answer:

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

Dr. ‘Abdullah Bin Bayyah

The Question:

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

The Answer:

“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