Answer: In the name of God, The Beneficent and Merciful to whom all praise is due. We ask He send his peace and blessings upon His messenger Muhammad.

• The bulk of this fatwa is derived from Shaikh Yusuf al-Qaradawi’s book Fiqh Al-Zakat, Vol. 2 pgs. 635-669

Zakat is a specific type of charity (sadaqah). Zakat means to increase, grow or purify. It is a pillar of Islamic practice meant to protect and uplift society from the pitfalls of social hardships. The scholars agree that there is one verse of the Quran which delineates all categories of recipients for zakat distribution.

“Zakat is for the poor and needy, those who work to collect them, bringing the hearts together, the ransoming of slaves, the debtors, in God’s way, and the travelers. This God ordains and God is All-knowing, All-wise.” (9:60)

If you are not a scholar, you would easily infer that there is nothing literally mentioned here on mosques or any other organizations. Though it could be inferred from the literal meaning here that if the mosque or Islamic organization in question was in serious debt and immediate charitable donations other than zakat cannot pay it off, then it could fall under the clear category of debtors and thus become zakat eligible until the debt is paid off. Many jurists do argue that the category of debtors is strictly limited to people drowning in or completely overcome by debt, or in a state of bankruptcy as is mentioned in classical commentaries.

This small research will analyze the category of “in God’s way” as it has been understood from the scholars among the early predecessors until this day.

Linguistically the phrase في سبيل الله (fī sabīlillah) means “in the path/way of God”. In English, we often use the “apostrophe s” to indicate possession and thus translated as “in God’s way”. The meaning here theologically is related to someone working for the practice or promotion of Islam.

Classic Quranic commentaries relying on the companions and their followers as well as the four juristic schools of thought historically understood the meaning of “in God’s way” to be “military spending that would support the religion of God, its path and legislation for God’s servants to follow. Protecting the believers against those enemies who seek to prevent the existence or practice of Islam or the oppression of Muslims,” (At-Tabari). This was interpreted as for the soldiers themselves, as well as the broader needs of military spending.

The reason for this was that, during the Prophet Muhammad’s ﷺ (peace be upon him) time and for centuries thereafter, Muslims were always under the threat of more powerful religious groups such as the Polytheists of Makkah and their allies, the Jews surrounding Madinah, the Christian Byzantines, and the Zoroastrians of Persia who wanted dominance for their own and resented the new prophet and his growing following. This resentment entailed a disdain for Islam and regular incursions against Muslims. Once Muslims founded their own city in Madinah, God called for them to establish a military to protect themselves in order to guarantee their freedom and safety to practice and promote Islam in the world.

Some classical commentators such as Imam Al-Razi and others up until this day differed about the extent of the application of the category of “in God’s way” as a result of the difference between the general meaning vs. the commonly understood meaning that was very much so related to the circumstances faced by the early Muslims. For example, many early Hanafi and Hanbali jurists allowed zakat to be distributed for “in God’s way” toward Hajj expenses for the poor. Other Hanafi jurists such as Imam Al-Kasani said “in God’s way” can be used for the students of sacred knowledge or anyone else working in a specialized capacity for promoting goodness. They did put a condition of poverty on these analogies, but that conflicts with the authentic hadith in which the Prophet ﷺ (peace be upon him) said,

“Charity should not be distributed to the wealthy except in five cases… Among them is the soldier in God’s path” (Ibn Majah 1503)

They mention the apparent contradiction justifying the restriction to only poor people in God’s way by saying that someone may be wealthy while at home in the city where they live, but when they travel on the path of God they require more support and are out of their normal wealthy home environment and thus somehow fit the description of poverty! The problem is that if you make each category of zakat about the poor then why make eight separate categories? This is the wisdom of why the Prophet ﷺ (peace be upon him) said that some of these categories can be distributed to wealthy (meaning not poor). That being said, some of the controversy over the issue is that many early jurists postulated that zakat is only for people and not meant for building mosques or other organizations. In their context, perhaps that makes sense considering how a mosque was built in their time and the limitation of the role or place of the mosque in the Muslim community and the scope of work in which it functioned.

Let’s not forget that among the other three juristic schools, “in God’s way” was seen as an exception to the rule of only being distributed to actual needy people. They held that zakat could be used for making weapons, armor, buying camels and horses, building fortresses and city walls, boats and many other institutional resources for military spending.

More recently, in the early 1900’s, the great Azhari Shaikh Ibrahim Qattan of Jordan agreed with this analogy of spending “in God’s way” on all work that specifically benefits the Muslims. He did not put the condition of poverty in his commentary. Shaikh Jamal al-Deen al-Qasmy, Shaikh Muhammad Rasheed Rida and his eminence Sh. Muhammad Shaltoot also agreed with this application of the generality of the Quranic injunction of “in God’s way” with the condition of it being for the sake of endowment related to non-profit work in which no person owns or gains profit from it.

The Grand Mufti of Egypt, Shaikh Husain Makhloof, issued a fatwa in 1948 stating that non-profit organizations that promote social well-being are zakat eligible. In 1958, the Grand Imam of al-Azhar Shaikh Al-Shaltoot made the specific fatwa permitting the usage of zakat under this category for building a mosque with the condition that it is the only mosque in that area, or if the other local mosque is packed and cannot accommodate the Muslims.

After researching the fatwas of our tradition, I think it is important to add a couple of points to this discussion before giving my personal conviction. The phrase سبيل الله (sabīlillah) or God’s path/way appears 65 times in the Quran. Sometimes it comes following the prepositions in or against. Mostly “in God’s way” is for protecting or promoting the goodness of Islam whereas “against God’s way” is about the enemies of Islam trying to prevent Muslims from practicing Islam.

If God wanted us all to understand that this category should only be used to support a standing military for a Muslim nation, then he would have said “the military” or “soldiers” instead of the broad “in God’s way.” But He did not and so He means something else, something broader. That being said, it would be a stretch to interpret this to mean ALL work that promotes goodness because that is what the concept of charity is for, while zakat is for eight specific categories.

I agree with the esteemed scholar and mujtahid (expert scholar) of our era, Shaikh Yusuf al-Qaradawi, on this issue. The meaning of “In God’s way” is about supporting specific institutionalized jihad. Jihad is a noble concept of protecting oneself, family and community from evil forces. As we know from scripture, jihad is mostly a personal struggle against evil intentions and committing sin, which obviously is not helped through monetary support. Jihad can also be by the tongue or the pen, so in this case zakat could be used to support non-profit institutions focused on defending Islam and Muslims from vilification and persecution, or to promote the truth of Islam to the world. I do not believe building or supporting a mosque in the Muslim world fits under this category of zakat. I only say this because unfortunately, for the most part, mosques in the Muslim world are not playing some considerable role of protecting and uplifting Islam in society.

On the other hand, establishing mosques in the West is very much so engaged in jihad. It is the center of Muslim identity in a non-Muslim land. The mosque is where focused religious learning and spiritual development occurs. It is the place where the diversity of Muslims can come together to build spiritual bonds and be exposed to many opportunities to promote Islamic values, as well as defend Islam from Islamophobia. It is the central focus of the Islamic presence in a Western society.

I would make a condition on the usage of this category that it becomes invalid if there is no money available for the other categories, specifically that of the poor and needy. Therefore if a mosque maintains a sufficient amount of zakat for the other categories then it may use excess zakat money for other mosque needs, such as paying off debt, materials for education, programs and events that are aimed at promoting or defending Islam, salaries of Imams and teachers, etc… It would not be used for janitorial needs, secretarial or administrative costs, or other non-jihad related needs.

If someone disagrees with this well-established position among prominent scholars, they are free to follow what they feel is best. It is a principle of Islamic jurisprudence that there can be no rebuking in matters of legitimate disagreement. It is unbecoming and perhaps sinful to publicly shame people for following an established legal ruling among the prominent scholars of Islam.

Here are some other similar fatwas on this subject:

https://www.amjaonline.org/fatwa/en/87740/using-zakat-money-to-pay-the-centers-salaries-and-general-expenses-due-to-the-economic-circumstances-associated-with-the-coronavirus-covid-19-pandemic

https://muslimmatters.org/2007/10/24/the-permissibility-of-zakat-for-islamic-dawah-organizations-a-detailed-analysis/

And God knows best…

Imam John Ederer

Muslim Community Center of Charlotte

Originally published in November 2011

Question: Is marital rape allowed in Islam?

Answer: As salaamu alaykum,

Thank you for asking this important question which has come to the fore in recent times, and which has been the cause of confusion for many people. Here are some important points to take into consideration when learning about this issue:

• It is absolutely haram (unlawful) for a man to harm his wife. The Prophet ﷺ prohibited harming others in general,¹ and intensified that prohibition for harming other believers.² If one is taught to hold ordinary people – with whom one shares no special relationship – in such sanctity, then what of the person one is linked to in the “weighty, serious bond” of marriage (Qur’an 4:21); who is one’s “garment” (2:187), and who lives under one’s ri’aaya, care and shepherdship, as mentioned in a prophetic tradition?³ Allah has described marriage as a relationship of kindness, mercy and love (30:21), and commands men to deal with their wives in an honorable way (4:19). Rape, abuse, ill treatment, and inflicting harm – be it physical, verbal or psychological – are completely unacceptable in such a relationship.
• It is true that the contract of marriage grants a husband the right to intimacy with his wife, and vice versa, however, this does not imply that one can seek to obtain this right violently or forcefully. Just as in any situation in which one has been deprived of one’s due rights, one must go through the proper channels to resolve the matter in a just and honorable way. At no time does it become permissible for someone to take it upon themselves to harm the other party in a misguided attempt to ‘take their right’. This would amount to a type of vigilantism or seeking of personal vengeance that has no place in Islamic tradition, in which we are taught to defer such disputes to those with religious and legal authority. This is clearly indicated in the words of the great scholar Taqi al-Din al-Subki, in his commentary on some verses of the Qur’an related to marriage:

“At the time when it becomes obligatory for a husband to provide financial support, clothing, (and other such provisions) for his wife, he should exert himself in doing so, and not be negligent in this duty such that his wife would have to file a complaint of his negligence with the judge [haakim], and in so doing spend from her own expenditures. …Similarly, a wife should be responsive to her husband’s request for intimacy, such that he would not need to bring a complaint (against her) to the judge, and in so doing spend from his own expenditures.”⁴

From these statements we see that a husband’s or wife’s proper recourse, when confronted with a marital issue they are unable to resolve, is to turn to the appropriate authority for guidance and direction. Violence or force of any kind is not an option.

• People often defend such behavior by citing prophetic traditions that strongly discourage women from refusing their husbands if they approach them for intimacy. While these texts underscore the importance of a wife fulfilling her spouse’s sexual needs (a reminder the Prophet ﷺ gave to men in a number of statements as well,⁵) they cannot be used to justify force. One such text goes on to describe the husband as one who, after being refused, “goes to bed angry.”⁶ If it were truly acceptable for a man to force himself on his wife, why wasn’t such an act mentioned here as a viable alternative to his wife’s refusal?
• Some people also seek to confuse this issue by citing the verses in the Qur’an that outline a disciplinary method of dealing with a wife who is nashiz.^{7 8} These verses are probably among the most misunderstood, misused and misapplied of the Qur’an in our times, and must be understood in their proper exegetical context. Since an in-depth explanation of these verses is beyond the scope of this article, it will be sufficient to state that darb – which is often translated as ‘to strike lightly or tap’ – has been strictly defined by our scholars and has numerous restrictions and conditions.⁹ From among them is that it is done in a manner that would not cause humiliation or harm to the person, and that it is only done when it is a means of helping reconcile between the spouses, and is not a cause of resentment, enmity or hatred between them.¹⁰ It is impossible for such verses – whether looked at lexically, exegetically, or otherwise – to be used to excuse violent or forced sexual relations with one’s wife. Dr. Jamal Badawi succinctly rejects these types of false claims by stating,

“Any excess, cruelty, family violence, or abuse committed by any Muslim can never be traced, honestly, to any revelatory text (Qur’an or hadith). Such excesses and violations are to be blamed on the person(s) himself, as it shows that they are paying lip service to Islamic teachings and injunctions and failing to follow the true Sunnah of the Prophet.”¹¹

• Though marital rape would not warrant a hadd punishment¹² in accordance to Shari`ah, this in no way means that such an act is acceptable or that it would go unpunished by an Islamic court. Some people mistakenly believe that the hadd punishments are the only ones that exist in Islamic law, but that is not the case.  Even if an act does not fall into one of the specified categories for hadd punishment, a qadi [judge] still has the right to punish the person with imprisonment, corporal punishment (lashing), or anything else he deems suitable for the situation, the crime committed and the guilty individual (which is called zajr or ta’zeer).¹³ Some scholars even state that a wife who has been assaulted in such a manner by her spouse has the right to jirah, or civil redress, for her injuries.¹⁴
• Some scholars condemn such an assault as sinful and despicable while at the same time deeming it inappropriate to be labeled as ‘rape’. This is because of the presumption of consent implicit in the legal contract of marriage. It is important to note that such statements are not intended to condone the behavior, but are simply an expression of legal exactness. When taking such a case into consideration, scholars would not base a punishment on the sexual act itself, but on the harms, both psychological and physical, that stem from it. Such an assault – however it is labeled – is still considered by scholars to be unacceptable, sinful, and susceptible to punishment.
• If a man finds his wife unreceptive to his overtures of intimacy, he should put in some effort to be attentive, affectionate, and kind to his wife, and to fulfill the numerous recommendations the Prophet ﷺ made in regards to intimacy. Such problems may also be symptomatic of deeper issues in the relationship that need to be resolved. One should always take an introspective, constructive, and proactive approach to dealing with problems, focusing first on how one can change one’s own behavior to improve the situation, instead of simply blaming the other party or seeking to ‘punish’. It may also be necessary to seek counseling and advice from others who have expertise in these matters.
• An individual who engages in assault and abuse of any kind, especially towards family members, shows signs of underlying psychological problems that need to be treated. There is no level of frustration, anger, or overwhelming grievances – no matter how legitimate they may seem – that pardons such dehumanizing and callous behavior.

I hope these points have shed some light on this issue, and have made it clear that marital rape is not allowed or condoned by our deen, and is in fact a sinful act that a person can be held accountable for in this life, before the hereafter. In the very first verse in the chapter of the Qur’an entitled “Women”, Allah Most High warns us to be fearful of Him in demanding our rights upon each other. He in fact warns us to be fearful of Him twice in this verse, a sign of the seriousness with which we should take such matters:

“O mankind, fear your Lord, who created you from a single soul and created from it its mate, and dispersed from both of them countless men and women. And fear Allah, through whom you demand your mutual rights, and (reverence) the wombs that bore you: Indeed Allah is ever, over you, an Observer.” (Qur’an, 4:1)

In conclusion, the Prophet ﷺ taught, “Only a noble man treats women in an honorable manner and only an ignoble man of low character treats women disgracefully.”¹⁵ May Allah make us people of noble character, who fear God in our dealings with others and who weigh our deeds and words well before they are weighed for us on the Day of Judgment.

Allah knows best.

Question:

I understand that hijab is required, and I’ve been wearing it for some time now but I feel like putting it on might have been a mistake.  I don’t feel like it’s made me become a better Muslim, and I feel almost like I’m deceiving people because they look at me as an example even though I’m still struggling with a lot of things. Also, if I take it off, is it really something Allah will punish me for? It seems like such a petty thing. Isn’t the most important thing having a clean heart?

Answer:

Assalaamu `alaykum dear questioner,

Thank you for asking this question which opens up a number of important issues, and for entrusting us enough to share with us some of what you’re struggling with. I ask Allah (subhanahu wa ta`ala – exalted is He) that He makes the words that I write beneficial to you and others who are reading, and that He leads you to the best decisions.

I’d like to start by addressing what I believe is the least important factor in this equation, and that is ‘what other people might think.’ It should never be the case that we alter our practice of Islam or our worship for the sake of other people, or what they might think or assume. People may be quick to judge or jump to conclusions, but whatever thoughts or opinions they have are strictly their responsibility, and not something we should be overly concerned with.

You said that you’re worried that wearing hijab may be deceiving, because people see you as better than you really are. But in truth all of us are sinners, and it is only from Allah’s mercy upon us that He is as-Siteer – the One who veils our faults and our flaws, and makes us seem better than we really are in others’ eyes. One famous scholar said, “If sins had a smell no one would come near me because of the stench!” Every single one of us has deficiencies and weaknesses, has made mistakes, has taken missteps or is presently taking them. We only do the best that we can, and any good deed that Allah grants us the opportunity to perform should be considered a blessing that we take advantage of. Instead of worrying about not being good enough, we can instead consider this as an opportunity to be thankful to Allah for concealing our negatives, and pray, “O Allah, forgive me for what they do not know about me, and make me even better than what they think.”

You will be hard-pressed to find anyone on this earth who can be considered ‘worthy’ of being a representative of Islam, because everyone has one dimension or another in their faith or practice in which they are lacking. However that doesn’t mean we should stop encouraging each other by whatever means are available to us.  There is a very beautiful hadith related to this issue:

Anas relates that, “We asked the Prophet ﷺ, ‘O Messenger of Allah ﷺ, shouldn’t we refrain from calling others to goodness if we don’t practice all good things ourselves, and shouldn’t we refrain from forbidding wrong things until we ourselves have abstained from all the bad?’ ‘No,’ he replied, ‘You should call others to goodness even if you don’t do all good, and you should forbid bad things even if you don’t abstain from all of them yourselves.'” (Al-Tabarani)

Remember that by wearing hijab you are not saying to others ‘I am Islam’, but simply that ‘I am a Muslim’, meaning – I am someone who is trying to follow this religion, who accepts it as truth, sees beauty in it and hopes to beautify myself with it.  I remember a quote attributed to Yusuf Islam: “Islam is not a state of being but it is a process of becoming,” – becoming more, become better, striving to reach that state of perfect submission and connection with Allah Most High, and May He help all of us achieve that, ameen.

You also said that you feel hijab has not really made you a better Muslim. A lot of times when a person first starts performing a good deed they feel an iman ‘rush’, a feeling of happiness at doing something good for the sake of Allah and energy to do more, improve themselves, etc. However, after some time, when that action starts to become just another part of a daily routine, it loses that power, and that increase in iman and excitement dissipates.

What a person needs, instead of focusing on those ‘rushes’, is a steady and constant diet of good deeds and spiritual nourishment. We cannot rely on one particular deed to ‘make’ us better Muslims. Instead, we have to take the reigns and make sure we are doing things regularly that increase us in iman, like recitation of the Qur’an, performing salah with consciousness and focus, dhikr, and so on. Wearing hijab can definitely be one of those things, but it is only one part of a whole that needs to be constructed. Just like exercise is important for good health, yet it has to be combined with eating right and many other things in order for the person to see the desired results in the end.

Also know that there is a direct relationship between a person’s actions and their inner state. We know that when someone is in a high state of iman it’s natural for him or her to start performing more good deeds. However, we may overlook the fact that the opposite is true as well – that just performing good deeds, even if one may not be ‘feeling it’, can affect us and change us. The limbs are inroads, and performing good deeds with them can soften a hardened heart, bring enlightenment to a closed mind, and give a person a feeling of rejuvenation and desire to come closer to Allah and do more positive things. I heard a scholar say that if one is feeling troubled, confused or in a low state of iman, “go quickly to action”; because good deeds can bring about that inner reawakening one may need. If we don’t see a change happening in us when we do a good deed, that doesn’t mean we should stop it but that perhaps we need to supplement it with others in order to gather the momentum needed to see results.

Thirdly, you are absolutely correct when you say that the most important thing is for us to have purified hearts. Allah (swt) emphasizes this in the Qur’an when He states that on the Day of Judgment nothing will be of benefit to the servant except “one who brings to Allah a clean, sound heart” (26:89). The question is, how does one achieve that? What purifies us and cleanses our hearts?

In our times we find that some people feel that we’ve reached a more ‘enlightened era’ in which spirituality can be derived solely from philosophy and ideas, and need not be bound by rituals and details of religion. However those who propound this notion forget that Allah did not create us as minds and souls alone – but coupled them with our physical bodies. We cannot deny the fact that we are body and soul, content and form, together, and each has its own needs and specifications for refinement. This is a sunnah of Allah in the way that we were created, and why prayer, fasting, and all our spiritual endeavors have very specific physical components. These forms house within them dimensions of meaning, but it is only from enacting them precisely that a profound spirituality can be achieved.

Purifying our hearts is the goal, but the means to reaching that goal is through the very real and specific physical prescriptions and commandments that Allah (swt) has given us. It is through His obedience and through following the teachings of our deen that we clean and polish our hearts. It is for this reason that I have to say that hijab is not something trivial. Anything that leads us to spiritual awareness, elevation, and purification – that helps us come closer to Allah – cannot be considered trivial or petty. Perhaps it is more likely that there are hidden depths within it that we do not perceive, or that we are not putting it in the proper context of its deeper purpose and meaning.

About punishment from Allah: a better way of looking at this issue is not considering the smallness or pettiness of the sin, but the greatness of the One whom we are sinning against. From His infinite wisdom, all-encompassing knowledge and vast mercy, in accordance to His Law – which is at its core about attaining benefit and warding off harm – He has instructed us to perform this action. In the Qur’an Allah says, ‘It may be that you dislike something and in it is goodness for you’ (2:216); ‘It may be that you dislike a thing but Allah brings about from it a great deal of good.’ (4:19) If someone chooses to step away from a prescribed action knowingly, we cannot deny that this is a sin, and that Allah holds us to account for our sins. However we always have hope in and pray for Allah’s mercy and kindness, as we know He can forgive all sins if He chooses.

In closing, I want to leave you with a beautiful quote from a Hadith Qudsi. Allah subhanahu wa ta’ala said:

“My servant draws not near to Me with anything more beloved by Me than the religious duties I have enjoined upon him.” (Bukhari)

Know, dear questioner, that if you feel far from Allah, the solution is not to stop what you are doing and find a different way, but to persevere and continue on the path you are on, even though it is hard. This will make you beloved to Allah, and one who feels the happiness of being close to Him and being shaded by His Loving Mercy and care.

May Allah enliven and enlighten our hearts and grant us closeness to Him. May He make us people who love to worship Him, and through our worship become close to Him and gain His love. May He make our hearts firm and steadfast on our deen, and grant us strength and bravery in our spiritual struggles. May He guide us to the best decisions and make easy for us the path of khayr [goodness]. Ameen ya Rabb.

WAllahu a`lam – and He alone knows best.

Wasalaamu alaykum.

Originally published in November 2010

Question

Can I celebrate Thanksgiving with my parents? I converted a few years back and it is very important to them. Things haven’t been great since my reversion. What are your thoughts?

Answer

There is a legitimate scholarly difference surrounding this issue. Those who hold such celebrations as forbidden do so contending that such celebrations are “religious in nature” and amount to imitating the religious rites of others. One of my teachers, Shaykh `Abdul Jalil al-Mezgouria told me, “There is nothing religious about this celebration.” In fact, I remember him giving a khutbah (sermon) about it a number of years back.

Some Background

Those who contented that such celebrations are permissible, do so contending the opposite: such celebrations are not religious in nature and that the origin of things is permissible unless explicitly forbidden. Sheikh al-Qaradawi stated, concerning Mother’s Day, there is no way he considered it forbidden. He based his contention on the legal axiom: “Nothing is made forbidden except with a clear text.”

It is well known that al-Rajabiyah was a holiday observed by the Arabs before for the time of the Prophet ﷺ (peace be upon him) up until the third century A.H. and the jurist differed on its ruling. The Hanabalis considered it permissible, while the Malikis held it to be disliked.

Those who hold it permissible also note that the statement of the  Prophet ﷺ, “Our holidays are two” is not a prohibition to celebrate other holidays outside of the religious sphere.

The Indigenous Imperative

As a convert to Islam and based on my humble legal training, I agree with the second opinion. Many of us, those of us who have converted to Islam, can use these moments to share the beauty of our faith with our families and loved ones in an non-hostile environment. Perhaps, by giving gifts to our parents we can heal wounds, build relationships, and move forward. At the same time, such celebrations are based on the foundations of our faith: honoring one’s parents. Therefore, we should engage such holidays with the intention of fostering noble relations and spreading the beauty of our faith with others.

Allah knows best.

By Mariam Ahmed

When my ex-husband decided he wanted a divorce, I remember feeling like my life was coming to an end. I could feel the physical pain of grief and anxiety over what my life would now look like. I kept thinking to myself, why didn’t I act upon the obvious red flags I saw prior to marrying this man? It’s not like his actions or behavior was completely different from the person I was getting to know. But I wanted to marry him so much that I ignored so many things that were not only important to me in my future spouse, but what I discovered further down the road, are also destructive to a marriage. How was I going to move on or meet someone new?

Now that I have moved on and am considering marriage again, what actions should not be tolerated in a marriage, and how can one save their marriage if they are going down a road of destruction? In this piece, I came up with a few FAQs that I remember wanting answers to post-divorce. I have also had discussions with close friends and family who also experienced a divorce about these very questions.

These questions were answered by Marriage and Family Therapists Amal Killawi and Nadia M. Bazzy.

1. What are some red flags a person should look out for in their marriage?

Some red flags to look for in a marriage include hidden bank accounts, secret online identities, a major change in your spouse’s schedule that was not communicated, and new behaviors like drinking, gambling, pornography, and drug use. It is also equally important to look for red flags in how the relationship is functioning. Turning away during conflict, withdrawal, yelling, not resolving issues, anger, and resentment are all signs of relationship breakdown.

2. What are some things that are “unforgivable” and should not be tolerated in a marriage?

Every marriage is different, and each person will determine what he/she is willing to tolerate in a relationship. Some situations may warrant a divorce because it is healthier for the family. For example, in cases of physical or emotional abuse, it is rare for a marriage to survive without major rehabilitation of the perpetrator, and it is usually safest to leave the relationship. Some marriages can heal from major challenges such as infidelity, substance abuse, gambling, and porn addiction, but it will ultimately depend on the willingness of the partner engaging in these behaviors to receive professional counseling and on the level of support, emotional stability, and commitment to the marriage.

3. What are some things you can do if your spouse is asking for a divorce and you do not want one?

Ideally the person who wants a divorce should be able to name and identify the breakdown in the marriage that is prompting them to ask for a divorce. Many times, couples go to a few sessions of counseling to decide if they want to stay together or not. A couple may attempt to separate before they divorce to see if they feel differently about divorce. Many people express that they want a divorce because they are flooded with overwhelming emotions that they cannot work through. Oftentimes, couples counseling can help establish new patterns. While you may want to stay married, you also have to ask: How are you helping the marriage stay together? Change has to occur for the couple to survive.

4. How long and how much should you keep trying to reconcile? When do you stop trying? What should you do if your spouse is not open to couples’ therapy?

Does saying no allow you to have more agency in your relationship and create a power struggle? If your partner does not want to be married to you and is unwilling to attend couples counseling or seek out third-party help, it is best to ask yourself: What you are trying to hang on to? What are you afraid of? Address the fear of the divorce process.

Does your partner say they only want a divorce in the heat of an argument? Often, one partner feels “done” with the relationship but is really just done with the patterns in the relationship that are not fulfilling his or her needs. If that pattern can be addressed, the couple can overcome the situation.

Some people choose to seek individual counseling, and through that, make personal changes in their relationship that may as a consequence, encourage their partner to stay in the marriage. Some people may request their partner to participate in at least one session. Others may seek friends, family members, and/or community leaders to encourage their partner to seek couples counseling. Ultimately, change cannot be forced, but rather has to come from within. No one can force another person to remain in a marriage, and there is no timeline for reconciliation. If your partner is adamant about divorce and is not willing to reconcile, then you do your best to separate in kindness and seek support to heal through the divorce.

5. If your ex-spouse keeps reaching out to you and wants to maintain communication but does not want to return to the marriage, why might they be doing that and what are ways to stop it? Can exes maintain a friendship?

It is not uncommon for people to want to maintain a friendship after the marriage. While it is rare, it is still possible and healthiest if there are children. The Qur’an instructs us to deal with each other in a kind and civil manner. However, there are different types of communication. If they are reaching out with intimate communication, that is a boundary issue and should not be tolerated. You need to say no, and mean no. If they are reaching out in a friendly way that is respectful, it is your personal preference at that point to maintain a relationship or not. Some people find it emotionally difficult to continue a relationship with an ex for many reasons—inability to deal with the separation, dependency on the partner, and hope that they will get back together. Note that being friendly and able to communicate after a divorce does not mean that you can manage being married!

6. What are some things a person can do to help with the difficulty of divorce and the pain?

Healing from a divorce is a journey that will take time. It is important to allow yourself to grieve the loss of the relationship, but also not lose sight of the big picture. Your life does not end with divorce. Divorce may provide you with an opportunity to make changes in your life, to embark on new adventures, and to grow personally and spiritually. Seek support from family and friends, solace in prayer, and challenge yourself to learning something new. Counseling can also be helpful in your healing process.

7. Should you share with a potential suitor about your divorce? When and how much do you share?

You are in charge of what you share about your previous marriage. You may prefer to share openly from the beginning of the courtship or wait until you get to know them more and feel a sense of trust. However, it is important that a potential suitor knows that you were married. If you do not share, you will be keeping a secret, and secrets are a sign that there is distrust in the relationship—which can eventually lead to breakdown of the relationship. It is easiest if someone is aware upfront that you are divorced. This will establish trust and demonstrate that your potential suitor is aware of the situation and willing to work through it. Also, often times there are multiple connections with the person that you are divorced from if there are children, or if the person was from within the family or community.

You should be able to successfully identify why your marriage ended. This is a sign that you have the needed insight to move into a new relationship. If you are afraid of being rejected by a potential suitor because you were divorced, that is an issue that you will need to work through.

8. How soon after a divorce should you consider remarriage?

It is important to not use a new relationship to heal the hurt and pain of the last relationship. This is dangerous, as it sets you and your new partner up for failure. Additionally, the chance of divorce in a new relationship increases if there was a previous divorce. Divorce is a form of loss, even if divorcing was for the best.

It is normal to experience a range of emotions after divorce including depression, anxiety, loneliness, and identity confusion. Many people remark that they need to focus on themselves, rebuild self-confidence, heal the hurts of the last relationship, gain perspective, and learn new relationship skills. Often times, people can be attracted to a personality type that is unhealthy for them, so it is important to identify this before you move on to the next relationship so that the pattern can be broken. You will know you are ready to move on when you have created new insights from your last relationship, are no longer wondering “what if” when you think about the last relationship, are emotionally stable, and have healed from the pains of divorce. If you are asking: “Am I ready?” it is important to press the pause button, and ask, “How will I know when I’m ready?”

9. How soon should you introduce your children to a potential marriage prospective?

There is no standard timeline, but a sudden remarriage can be difficult for children to accept. Children will need time to deal with their parents separating, changes in their life as a result of the divorce, as well as feelings about the divorce. Introduce a potential slowly and communicate openly with your children about their feelings with this new person in your life.

Some helpful resources:

https://www.psychologytoday.com/basics/divorce

http://muslimvillage.com/2013/03/26/37555/islamic-divorce-is-separation-with-kindness/

Nadia M. Bazzy is a Limited Licensed Marriage and Family Therapist (LLMFT) and holds a M.A. in Conflict Transformation and Peacebuilding with a concentration in Psycho-Social Recovery. She specializes in couples and family therapy and maintains a private practice in Novi, Michigan.

Amal Killawi is a Clinical Social Worker with a specialization in mental health and marriage education. She holds a Bachelor’s degree in Psychology and a Master’s in Social Work from the University of Michigan, where she is also currently pursuing a Certification in Sexual Health. She is also a researcher focused on addressing health disparities among American Muslims and providing patients with culturally-competent care. As a community activist, Amal serves on the board of several non-profits, particularly focused on cultural competence, mental health, marriage and family life education, social services, and youth empowerment. She has been involved with the Muslim Students’ Association at the local, regional, and national levels. Amal formally contributes to the Virtual Mosque VMCounselors advice column designed to answer readers’ personal questions.

Q: Why do you create this training and why do you think it’s important?

A: I created this training because a lot of times a simple awareness of religious beliefs / cultural practices can make a big difference in a patient’s care. Healthcare providers care for patients from all walks of life, including many Muslims, and a basic understanding of Islam would help make a patient’s visit a little more comfortable.

Q: Have healthcare professionals been open to your advice on how to work with the Muslim community?

A: Yes, the response and demand for this lecture has actually been overwhelmingly positive and encouraging. I get many notes of appreciation for shedding light on a topic that doesn’t get a lot of exposure.

Q: How do you recommend we go about creating similar training in our healthcare settings?

A: The training is basically a simple introduction to the tenets of faith and how those play a role in the life of an average Muslim. I think anyone with a good foundational understanding of Islam and an ability to present material in an interesting manner can do the same thing. Keep it simple and focus on the basics; you’ll be surprised by how much people don’t know about Islam and how much they appreciate the similarities that exist within the Abrahamic faiths.

Q: What would be your biggest piece of advice for a healthcare professional working with a Muslim patient? 

A: My biggest piece of advice for a healthcare professional, whether working with a Muslim patient or not, is to leave your baggage at the door. Practice the “care” in healthcare by practicing cultural humility. You are there to care for your patient and you can best do that by appreciating the role their culture/faith plays in their life.

Originally posted in September 2010.

I begin in the name of Allah, the most kind and merciful:

Summarized Answer

Scholars, past and present, have differed over this issue, so it should not be turned into a matter of dispute. It appears to me that Muslims should pray both the ʿĪd and Friday prayer. However, whoever decides to follow the other opinion must pray Ẓuhr and will not incur any sin, since this is a legitimate opinion based on proper reasoning and evidence as well. Mosques must organize the Friday prayer for those people who would like to attend.

Reason for the Difference of Opinion

Pieces of Evidence

A: The verse of the Qur’an stipulates that Friday prayer is an obligation: “O you who have believed, when [the adhan] is called for the prayer on the day of Jumu`ah [Friday], then proceed toward the remembrance of Allah and leave trade. That is better for you, if only you knew.” ((Qur’an 62:9))

B: There is a report that the third khalīfah (caliph), Uthmān ibn ʿAffān, gave permission for some people to skip the prayer: “…then I witnessed the ʿĪd with Uthmān ibn ʿAffān, and that was on Friday. He prayed before the sermon [khutbah], then gave a speech and said: ‘People. This is a day where two ʿĪds have fallen on the same day. So whoever from amongst the people of the outskirts ((The word used is “al-ʿawālī” which refers to people living about one or two miles from the mosque in Madinah. See al-Laknawī, ʿAbdul Ḥayy, al-Taʿlīq al-Mumajjad)) of Madinah wants to wait for the Friday Prayer, they may; and whoever wants to return [home], I have given them permission.” ((Bukhārī 7:103 #5572, Muwaṭṭa’ 2:249 #613))

C: There are reports that the Prophet ﷺ (peace be upon him) allowed people to skip the ʿĪd prayer.

Zayd ibn Arqam reported that the Prophet ﷺ performed the ʿĪd prayers early in the day but then offered an exemption for Friday prayer and said, “Whoever wants to may pray it.” ((Abū Dāwūd 1:281 #1070, Al-Nasā`ī 3:194 #1591. Scholars differed over the authenticity of this report))

“Two ʿĪds were on the same day during the time of Ibn al-Zubayr [a Companion]. He delayed people from coming out until the daylight had spread. When he came out and gave a sermon, he made it long. Then he descended and prayed but the people did not pray the Friday Prayer on that day. This was then mentioned to Ibn ʿAbbās who said: ‘He has acted according to the Sunnah [the way of the Prophet].’” ((Al-Nasā`ī 3:194 #1592))

Abū Hurayrah reported that the Prophet ﷺ said, “Two ʿĪds have synchronized together on this day, so whoever prefers, it may suffice for Friday prayer. We will soon gather.” ((Abū Dā`ūd 1:281 #1073. Scholars differed over the authenticity of this report))

D: There is a report that the Prophet ﷺ himself performed the Friday prayer on ʿĪd day: “The Prophet used to read surah al-Aʿlā and al-Ghāshiyah in the two ʿĪd Prayers and the Friday Prayer. When the day of ʿĪd and Friday would come together on the same day he would still read both of them in both prayers.” ((Muslim 2:598 #878, Nasā`ī 3:112 #1424))

First Opinion

Only people living in isolated areas [who are normally exempted from attending the Friday prayer] coming from out of town to attend the ʿĪd prayer are exempted from the Friday Prayer. This is the opinion of Abū Ḥanīfah ((Al-Shaybānī, Muḥammad, al-Muwatta’)) , Mālik ((Ḥāshiyah al-Dassūqī 1:391)) , and al-Shāfiʿī ((Nawawi, al-Majmūʿ)) .

Reasoning Behind the First Opinion

Verse A cannot be overridden by any report that indicates something different unless it is of the highest authenticity. It must also be reported by several different people because this is not something that would only be heard/observed by one or two people only.

There doesn’t seem to be any rational reason why one obligation should be dropped due to another being performed. This is similar to the way people must still pray Ẓuhr after praying ʿĪd. ((Ibn Qudāmah, al-Mughnī 2:265))

Report B indicates that the leader of the Muslims exempted only a specific group of people [who normally don’t need to pray the Friday prayer because they don’t live in a city] and none of the Companions objected to his decision. This implies they understood that it was in line with the practice of the Prophet ﷺ.

Evidence C may be general in wording but should be understood as being confined to a specific group of people based on the other evidence.

Much of evidence C is of doubtful authenticity.

Report D indicates that the Prophet ﷺ himself prayed it and he obviously had other people with him.

Second Opinion

Whoever performed the ʿĪd prayer is exempted from the Friday prayer ((With the exception of the imām, unless no one shows up)) , but must still pray Ẓuhr. This is the opinion of Aḥmad ((Ibn Qudāmah, al-Kāfī fī Fiqh al-Imām Aḥmad 1:338, Ibn Qudāmah, al-Mughnī 2:265)) . It is also the opinion of later scholars such as Ibn Taymiyyah ((Majmū’ Fatāwā Ibn Taymiyyah 24:211-213)) , al-Shawkānī, Ibn Bāz ((Majmūʿ Fatāwā Ibn Bāz 13:13. His opinion is that it is preferable to pray the Friday prayer.)) , and Sayyid Sābiq.

Reasoning Behind the Second Opinion

Evidence C is sufficiently authentic to prove that the Prophet ﷺ made an exception to the rule in order to make life easier for the Muslims.

The sermon for Friday prayer is an addition to the prayer of Ẓuhr. Since one set of sermons was already heard, there is no need for another set later in the day.

Friday prayer is a type of ʿĪd and there is no need for two of them in one day. When two acts of worship of the same genre combine together, one of them drops, the way wuḍū’ (ablution) is not needed when taking a bath [ghusl]. ((Majmūʿ Fatāwā Ibn Taymiyyah 24:211))

Conclusion

There is clearly a legitimate difference of opinion due to both the clarity and authenticity of the two reports in question.

A common question and concern for Muslim women has been the rules regarding fasting and making up fasts or paying fidya during pregnancy and breastfeeding. There are numerous classical answers amongst the major scholars and companions. It should be made clear that there is one primary cause for these differences that will help us understand the issue.

Should the pregnant and breastfeeding mother be compared with the temporarily sick, who has to make up his fasts after Ramadan, or should she be compared with the elderly or chronically sick who are incapable of fasting and pay fidya (feeding a poor person) in place of fasting, or should she be compared to both?

Some Major Opinions on the Issue:

1. She should both make up her missed fasts and pay fidya.
2. She should only make up her missed fasts.
3. She should only pay the fidya.
4. Differentiate between the two: The pregnant woman has to make up her fasts, and the breastfeeding mom should make up her fasts and pay fidya.

My Preferred Opinion:

Generally, the fidya is considered to be the equivalent of fasting (badl) and it is not normal in fiqh (Islamic jurisprudence) for one to have to perform the wajib (obligatory) and its equivalent (badl). Thus, it should be either fasting or fidya, and not both.

The reason that women are allowed a concession to not fast in Ramadan is out of concern for their health and well-being. If a woman wants to fast during her pregnancy and breastfeeding, she should consult her doctor to see if fasting during pregnancy or breastfeeding would be ok for her and her child. If the doctor approves, the woman may fast Ramadan or even parts of it (as long as she has the energy and health). However, even if the doctor gives his ok, but the woman is still concerned and scared, she may skip fasting Ramadan.

In regards to atoning for the missed fasts, there are a few considerations.

If a breastfeeding mother is concerned for her or her child’s health (like her milk running dry, her feeling weak, the baby not getting enough nutrition), then she may elect to pay the fidya for each day she missed and that would be sufficient. She would NOT have to make up any fasts. This applies to days she missed during pregnancy and breastfeeding.

However, if after delivering, she does not breastfeed her child and her health is okay, then she should make up her fasts that she missed during pregnancy.

Thus, the breastfeeding woman is compared to someone with continuous hardship in fasting (since she may not have fasted for one year during pregnancy, and 1-2 years of breastfeeding, and if she gets pregnant again this process would continue longer), while the mother who does not breastfeed is more like someone who was temporarily sick (her pregnancy) and capable of making up her fasts later.

When I was seven years old, I used to attend a halaqa (religious lesson). We would learn what I would call today the Islam of “no’s”. One summer day upon entering class, my teacher and I got into this dialogue.

“What is this?” My teacher glared at the shiny bracelet around my tanned wrist.

“It’s a bracelet; my grandmother got it for me.” I said nonchalantly.

“Didn’t I tell you jewelry is haram [forbidden]?”

“But it’s silver. Boys can wear silver. My grandma got it for my birthday.”

“Didn’t I tell you it is haram to celebrate birthdays?” His expression was more serious.

“But all we did was go to McDonald’s and eat chicken nuggets.”

“Didn’t I tell you McDonald’s is haram?!”

Seriously, that’s what happened. Growing up, many Muslims constantly heard the word “no”. “No, you can’t do that”, “no you can’t eat that”, “no you can’t see that/listen to that/touch that”. I heard a joke once that some masjids (mosques) should be called “No Happiness Allowed” Centers. Surely, boundaries are necessary in life, but what happens when we focus entirely on them?

When we are constantly reminded with what we are forbidden to do, we develop a relationship with God that is based on fear and anxiety. Psychologically, a self-destructive trend develops: a trend of fear of punishment, worry about going to hell and a constant feeling of guilt which overcomes the joy of God’s presence and blessings in our lives. Some of our brothers and sisters have developed severe obsessive-compulsive disorder because of this trend. The term is called scrupulosity and it is a dangerous and sad state of being. I once consulted a brother who would take one hour to make wudu’ (ablution) and two to three hours to pray. He would repeat rituals over and over again until he got them perfect. He did this out of fear that his prayer would not be accepted due to his wrong impression of God as powerful and judgmental. I have personally worked with clients who had psychotic breakdowns as a result of this mentality. May the Divine help us.

One of the ways I help such people is by asking clients to re-frame their perception of Islam as a “Yes Religion”. Everything is, by default, halal (permissible) except for what has been made haram. Islam is not merely a religion of regulations and deprivations. We have to look at the “yes” side, the plus side, the blessings and gifts God has actually given us. Living Islam is a path that gives much more than it takes.

Reflect on this:

• We get 24 hours a day, and we are expected to spend about 25 to 30 minutes of the day connecting with our Creator through prayer. That is 1.7% of the day in prayer. The rest is our time. We have twelve months a year. Only one month a year, God asks us to practice self-discipline through fasting and focusing on His worship. Through this fast, we still get to eat and drink by sunset and gain physical and psycho-spiritual benefits. That is 92% percent of the year left to us to eat whenever we wish.
• Yes, God asks us to give about 2.5% of our wealth to those in need, those less privileged than us. But, you still get to keep about 97.5% of your wealth and assets.
• If we are financially and physically able, God calls on us to make pilgrimage to Mecca only one time in our whole life, in return for His forgiveness! Not once a year, not once a decade, but once in our entire life. If you live to be 80 years old, performing one hajj requires only about 0.017% of your time. We can eat and drink everything except the few things which are harmful to us: pork, alcohol, and carnivores like lions, tigers and bears, which are not a common food source for human beings anyway. Other than that, you may enjoy all kinds of food and drink.

There are many more examples that show that Islam is a “Yes Religion”. Prophet Muhammad ﷺ said ”yes” to nearly all requests that came his way, as well as:

• Forgiving people and being patient in the face of wrongdoings.
• Flexibility and tolerance to other people’s culture and customs
• Letting everyone accept da`wa (the call to Islam) in their own time, without passing judgments
• Helping and supporting others
• Being optimistic, friendly, and meeting people with a smile

It has even been said that if it were not for the “no” in the shahada (there is no god other than God), the Prophet ﷺ might have never used the word.

I encourage you to reframe your perspective and make your own list of how Islam gives more than it takes. Focus on what Islam offers more than what it forbids. Let’s get back to this “yes” mentality. Let’s acknowledge the gifts and the blessings, and appreciate all that God has granted us. Let’s turn towards God with love. Let’s pray because we want to. Let’s find joy in existence and look forward to meeting our Lord.

___________________________________________________________

Karim Serageldin is a dedicated psychologist with years of experience working with the Muslim community. His practice is called Noor Psychology and he facilitates workshops, counseling and life coaching, with an integrated approach of Islamic spiritual values, contemporary psychology and scientific research.

The world we live in today has brought many tests to the Muslims. Undoubtedly, it has also brought many blessings to us. One new reality—the fact that the knowledge of our religion has become readily available through mass media—can be either a test or a blessing depending upon the scholar you speak to. As a result, we find two extremes. Some who declare that everyone must follow one juristic school or preferred scholar to be the authority without exception. Others declare that they may follow whatever opinion they like and therefore spend much of their time searching for opinions which suit their desires. In this article we beseech the support and ultimate success only granted by Allah subhanahu wa ta`ala (exalted is He) to bring the proper attitude to the availability of knowledge and scholarship in the modern world. This must be done by balancing the two extremes. In order to be witnesses upon mankind, Allah has made us a balanced nation. (Qur’an, 2:143)

Some scholars and schools of thought teach that all laymen must follow a particular juristic school of thought without exception. They remind us of the verses in which Allah enjoined us all to ask someone of knowledge if we were confused or unaware. They also cite how the Prophet ﷺ would designate some of his more knowledgeable companions to be specific references for others. Their points are all true reports, but still do not justify the claim that we should attach ourselves to one juristic school and never seek knowledge outside of it. This is like making that school of thought a legislator with the same authority as the Prophet ﷺ — which is wrong.

The truth is that the science of Islamic law can be quite complicated and not everyone can deduce a sound understanding from just reading the Qur’an and hadith (report of the sayings and actions of the Prophet ﷺ). This requires you to seek a qualified jurist to clarify to you the ruling regarding matters you don’t know about or are unclear to you. That being said, there is nothing in Islam which says that we must follow only one juristic school of thought or only one scholar. Two of the previous scholars of al-Azhar, Shatloot and al-Sayis, wrote in their curriculum about comparative jurisprudence, “This opinion was developed by some juristic schools in the recent centuries when the spirit of difference had become dominant and juristic partiality reigned. So they made up rules that prevent laymen from taking an opinion outside of the school they grew up with. This caused the reality of juristic schools of thought to go from opinions which can be discussed and either accepted or denied by anyone to become obligatory religious truths that one who started with them must always adhere to and can never look into others. By these rules, those scholars prevented the masses from looking into the Qur’an and Sunnah for guidance! (Which all believers were commanded to do in the Qur’an.)” (Muqaranah al-Madhahib fil-Fiqh, 30)

Jad al-Haqq, one of the great scholars of al-Azhar in its prime, says in his book about the flexibility of Islamic Law: “The truth which is the opinion of the majority of scholars is that it is not an obligation to follow a certain juristic school with exception to others. Any follower (muqallid) may follow whichever school or juristic scholar he likes. This is because since the time of the companions people would follow different jurists from time to time and compare what one said with another on a given issue. This opinion was taken by al-Aamidee, Ibn al-Hajib, al-Kamel ibn al-Hamam, and al-Rafi’ee and many others from our great predecessors. This is because obliging someone to follow one juristic school over the other is like claiming for them a distinguished right to legislation whereas Islam is clear that the only obligation in obedience is to the Qur’an and authentic Sunnah. Ibn Ameer al-Hajj said in his commentary on al-Tahreer by al-Kamel al-Hamam, ‘In the foundations (usool) of Ibn Muflih and others from the Malikiyyah, Hanabilah and Shafi’iyyah, it is not an obligation upon anyone to follow a specific jurist or juristic school.’(Muroonah al-Fiqh al-Islami, 134-135) That opinion is confirmed by the many scholars based in different juristic schools who researched for the Encyclopedia of Fiqh of Kuwait (see vol. 13, p.163).

This brings us to the crux of this article. The Holy Qur’an is crystal clear in encouraging all of us to learn about our religion and to spend as much time as we can doing so. So if we find answers and clarification by reading through the Qur’an and Sunnah then that is a good thing. The problem is that there will be many texts that we don’t understand. There will also be many issues of which we aren’t aware. Finally, there will be many other issues which we simply can’t find an answer to at all. So this is why we must seek a sound understanding of Islamic law from a person who is qualified to give a legal ruling. We must go to someone who is a jurist (faqeeh/mujtahid) or has been trained in the Islamic sciences enough to give us the ruling from a qualified jurist.

The scholars have differed on the matter of taking rulings from different scholars. Some scholars allow Muslims to choose any scholarly opinion according to what is easier for them. They cite the major objective of Islamic Law in facilitation and Allah’s compassion for the believers. The well-known authentic hadith says, “When the Prophet ﷺ was faced with two options, he always chose the easier of the two as long as there is no sin in it.” (Bukhari) These scholars remind us that in the time of the companions and thereafter people would seek rulings from different scholars and there was never any blame on them for doing that. Shaikh al-Tayyib Salamah says, “There is no doubt about the fact those who have permitted the follower (muqallid) to choose opinions because he or she finds them easier upon them are not permitting it if it corrupts their religion. They are saying that as long as a qualified jurist has made a ruling then whosoever chooses to follow them is not blameworthy because facilitation is a well-known founding principle in Islamic Law.” (Al-Akhth bil-Rukhas wa Hukmuhuh, 533)

Some scholars who prohibited taking rulings from different schools of thought weren’t doing so because they believe that it isn’t permissible according to their understanding of the Qur’an and Sunnah.  They did so in order to block the means to sinful behavior. They hold that allowing Muslims to pick whichever opinion they want will lead them to picking opinions based upon their desires which they say is sinful. Thus Islamic Law would be serving their desires when the people were meant to serve Islamic law.

The majority of scholars have said that this application of blocking the means is invalid since it would be putting that juristic school on the level of Prophetic legislation when in reality it is just a human’s educated attempt to represent Islamic Law. The correct way to deal with it is teaching the people how to choose an opinion regardless of which juristic school or scholar it comes from. In this approach, the majority has said that it is permissible to follow any qualified jurist or juristic school, but according to a condition. The world-renowned scholar Yusuf Al-Qaradawi said, “Some scholars allowed following any opinion from a qualified jurist even if it is just to suit one’s desires and because they find it easiest without even looking into the proofs and thinking about which one makes sense and is rooted in the texts. I say that this is impermissible because the early generations of Muslims were narrated to have said, ’Whoever seeks the easy opinions amongst jurists has rebelled (fasaq).’ That is because that is simply following one’s desires and playing with our religion which is a mockery… In this case it is as if the believer wants the truth to follow him around whereas it is the believer that should be searching for the truth even if it goes against his desire.” (Fatawa al-Mu’asarah, vol .2, 128-129). Their strongest proof in prohibiting seeking opinions simply because they agree with their desires is in verse 59 of Surah an-Nisaa: “And if you disagree over anything, refer it to Allah and the Messenger.” (Qur’an, 4:59)

This verse supports the need to compare rulings according to that which seems closer to the Qur’an, Sunnah, and sound logic rather than the opinion that seems easier to you. The esteemed Wahbah Zuhaily said, “My opinion is that it is permissible to look for the facilitations in the juristic schools in the case of dire necessity or pressing need. This is as long as the intention behind it isn’t playing around with the religion to suit one’s desires.” (Al-Rukhas al-Fiqheyyah fi Dow’i al-Kitab wal-Sunnah, 80)

Now some might have the wrong idea of what the scholars mean in serving one’s desires. The following example was given by Shaikh Mustafa al-Taarizee: “Someone wants an illicit relationship. To escape fornication [adultery], he sleeps with her by secret marriage whereby there is no Guardian as in the school of Abu Hanifa and no witnesses as is narrated in the school of Malik…playing around with Islam in this manner makes a mockery of it and no spiritual person of reason would allow it.” (Al-Rukhas al-Fiqheyyah fi Dow’i al-Kitab wal-Sunnah, 81).

Now we must summarize the opinions of the scholars on this matter and set out the guidelines for taking easier opinions so that we don’t fall into sinful behavior.

1. From the established principles of Islamic Law is “إذا ضاق الأمر اتسع” which means roughly, if a situation becomes hard to withstand, then the law accommodates. So you may follow an established opinion which makes your general life easier. An example of this is for people who live in the west and find it difficult to take off their socks to make Wudhu. They may take the Hanbali opinion for the case being permissible and not related to the type of foot covering because there is a حاجة or pressing need.
2. When making such a move, one has to follow an established opinion within the major schools of thought which has been validated by the great scholars throughout history. It is preferred to be an opinion of one of the 4 juristic traditions, but if not it must be at least well documented and recognized by the authoritative juristic works or represented in the modern councils of jurisprudence and committees dealing with new issues.

God willing the next research will cover strange isolated opinions and the rules for dealing with them.

And Allah (swt) knows best.