0002-PHYSICAL ACTS OF WORSHIP (AHKAAM AL IBADAAT) (PART II)
Background reading material for medicine & fiqh session
for 3rd year students held on 26th
February 2000 at the Kulliyah of Medicine, International Islamic
University, Kuantan by Professor Omar Hasan Kasule Sr.
Zakat al maal is obligatory (2:43, 2:83, 2:110, 4:77, 9:5, 9:11, 22:78, 24:56, 33:33, 58:13, 70:24-25, 73:20,
98:5, MB 702, BG 483). The obligation is when a person has held a minimum taxable amount for 1 year. The obligation is related
to the property and not the person. For example the wealth of a minor or an insane is zakatable although they are both exempt
from other legal obligations. The orphan's wealth must be invested otherwise it will be exhausted by annual zakat payments
Zakat al fitr is obligatory (MB 766, BG 505) and must be paid before salat eid al fitr (MB 767, BG
Voluntary alms, sadaqat al tatawu'u, is encouraged. Sadaqat is
best given in secrecy (BG 508). Priority in sadaqat are the relatives (BG 512, BG 513, BG 515). Sadaqat is not given
to the rich or the able-bodied (BG 521).
B. REGULATIONS & ETIQUETTE (AHKAM
& ADAB AL ZAKAT)
Zakat can be paid in kind (MB 732) or as cash. The computation of zakat on live-stock and agricultural produce
is made in kind and then converted into cash if need be. Normally zakat is paid at the end of the zakatable year. It howevercan be paid in advance before it is due (BG 493). Zakat arrears are also due and payable.
Zakat on joint property is computed on the total property. It is illegal to divide it up in order to avoid payment
(MB733 and MB 734).
The Qur'an and sunnat have listed the categories of zakat recipients. Zakat is preferably given to relatives (MB
740 and MB 747) if they are among the categories of zakat beneficiaries. Zakat can also be given to a wife (MB 744) provided
no deception to avoid payment of zakat or nafaqat is involved. Zakat can be given to orphans (MB 745). It is illegal
to buy back any article given as zakat to the poor (MB 757).
C. ZAKATABLE WEALTH, nisaab
Zakat is levied on property kept in possession for 1 year (BG 489). Quorum, nisaab,
is a minimum zakatable wealth specified for gold, silver, dates, camels etc (BG 494). The law has specified the quorum for
zakat on buried treasures (BG 503, BG 504), zakat on gold ornaments worn by women (BG 498, BG 500),and zakat on crops. Zakat is levied only on specified and not all crops (BG 496). The zakat rate is different
for naturally and artificially irrigated crops (BG 495). Zakat on crops is due at the time of harvest.
The zakat rate for money is 1 in 40 or 2.5% (BG 489). The quorum is 100 dirhams kept for 1 year (BG 489)
No zakat is levied on a horse (BG 487) or working cattle (BG 490).
D. BENEFICIARIES OF ZAKAT
The Qur'an has mentioned the following eight categories of zakat recipients (p 532 9:60):
New/potential Muslims , muallafat al quluub
Slaves in bondage who need funds to be buy their freedom
The heavily indebted
Those struggling in the way of Allah, sabilullah
E. ADMINISTRATION OF ZAKAT COLLECTION AND DISTRIBUTION
The individual can compute and give zakat directly to the poor or any of the categories of legal recipients.
Zakat can also be given to charitable organizations.
A non-governmental community organization may collect and distribute zakat
The government could collect and distribute zakat
4.0 PILGRIMAGE (HAJJ)
A. OBLIGATION (TAKLIF)
Hajj is obligatory (MB 769). The obligation is only one hajj in a life-time. Any extra hajj after that is sunnat
(BG 589). Hajj is obligatory only on those who have the physical ability to travel to Makka and come back, istitaat al sabiil(3:97). The obligation of hajj, unlike umrah,
is confined to a specific period in the year (2:158; ).
Conditions of obligation, shuruut al taklif: The intending pilgrim must
fulfil the following conditions: being a Muslim, adult (post puberty or aged 15 years and above), sane, healthy, and has the
provisions for the journey. Hajj of boys (MB 897, BG 583) is valid. They will have to repeat it on growing up (BG 586)
The following additional conditions have also to be observed: safety of the road, enough support for family until
return, and a non-marriageable male relative, mahram, for a woman (BG 587).
Hajj can be performed on behalf of a dead person (MB 896, BG 585) or an old person (BG 584). It is required that
a person performs his or her own obligatory hajj before performing it for someone else (BG 588).
B. PUBLIC HEALTH & SAFETY
Infection: air-borne infections are likely because of the crowding of so many people in a confined space.
Fire: Fire could arise from cooking or other activities. It can spread quickly and reach many people because of
crowded living in tents
Heat stroke: The temperatures in the deserts of Hejaz can rise to be very high. Pilgrims
who are over-exposed to heat can develop heat stroke
Physical exhaustion: Travel is part of punishment, al safar qit'at min al adhaab MB 878. It is physically and psychologically
exhausting. The many rites of hajj that have to be performed in a short period of time can be very exhausting.
Injury at jamaraat:
C. REGULATIONS & ETIQUETTE OF HAJJ, ahkaam wa adab al hajj
Conditions of hajj, shurrut al hajj: The pilgrim must undertake ritual
washing, ghusl, and put on clean garments as specified by the Law.
Actions required before ihram: Cleanliness is emphasized for the intending pilgrim. Hair must be shaved or trimmed;
including pubic hair, axillary hair, and the moustache. Nails must be cut and the whole body must be washed, ghusl (BG 595).
Actions forbidden for muhrim: After entering the state of ihraam, the pilgrim is prohibited from the following
acts: marriage contract, 'aqd al nikaah (BG 598);sexual intercoutse, jimau; cutting nails, taqliim al adhfaar; shaving hair, izaalat al sha’ar, except for medical purposes like lice which requires kaffarrat (BG 603), perfume, al tatayub (BG 597).
Time of hajj: Hajj can only be undertaken in the holy months, al ash hur
al haraam, that are recognized, ashhur ma'alumaat (MB 790). Hajj outside the
prescribed period is not recognized.
Forms of hajj: hajj can be performed in three variants: tamattu, ifrad, and iqraan (MB 791, MB 792,
MB 793, MB 794, MB 795, MB 796, MB 797).
Dress in Hajj: The Law specified dress for hajj, libaas al ihraam (MB
784 and MB 780). Sewn clothes, turbans, shirts, shoes, and dyed clothes are forbidden for men (BG 596). There are no restrictions
on the dress of women.
Mawaqiit: Mawaqiit are sites outside the holy sanctuary of Makka at
which the approaching pilgrim makes the intention to perform hajj (BG 590-591). The intention for umrat must be before reaching
Makka. If one is already in Makka and desires to perform umrat, he has to go to masjid al tan'iim and make the intention
from there, ‘umrat al taniim (MB 869).
PHYSICAL ACTS OF HAJJ and UMRAT
In a long hadith by Muslim(BG 607) the acts of hajj were listed as:
talbiyat, tawaaf, salat in maqaam Ibrahim,
trotting between safa and marwa, travel to muna, standing at Arafat, travel to and staying at Muzdalifat, stoning, slaughter,
and return to Makka.
Talbiyat: The formula for talbiyat is well known. The voice may or may
not be raised in talbiyat (BG 619).
Tawaaf: Circumbulation of the kaaba is done 7 times. RamlMB 813, 814, 811. Tawaaf al quduum (MB 817-818).
Tawaaf al wida (MB 858 and MB 859). Conversation is allowed in tawaaf MB 819.
Standing in Arafat, wuquuf bi arafat (MB 831)
Stoning the devil, ramy al jimaar (MB 854, 855). 7 pebbles are thrown
at each of the three jamaraat.
Kissing and touching the black stone (MB 812, and MB 816)
Sa'ay: Obligation to run between safa and marwa (MB 825)
Special rulings were made to ease the performance of hajj for women in their menstruation. Menstruating woman can
do everything except tawaaf MB 827. Menstruating woman can leave Makka after tawaaf al ifaadhat MB 860. At the end
of hajj, women need not shave hair, clipping is sufficient (BG 634)
There are several restrictions on the pilgrim while in the state of ihraam. These are lessened and finally lifted
towards the end of the pilgrimage. After throwing the pebbles, everything is permitted to the pilgrim except sex (BG 633).
Essential things like medical treatment are not restricted. Cupping was allowed in hajj (MB 892, BG 602)
PROHIBITIONS OF HAJJ
Shaving hair is forbidden unless there is a medical indication (2:196-199).
Violence: Because of the sanctity of Makka, no fighting is allowed in the holy sanctuary. Hunting of wild game
is forbidden (). Cutting thorns is forbidden (). Dangerous animals can be killed in hajj (MB 889). The laws of homicide however apply (BG 604)
D. PILGRIMAGE IN DIFFICULT CIRCUMSTANCES
War & Insecurity: If a pilgrim can not be assured of safety of person and property, he can discontinue the
hajj wherever he is and return another year (2:196-199).
E. PILGRIMAGE OF THE SICK, hajj al mariidh
The physically disabled can circumbulate the kaaba riding on a vehicle or being carried by another person.
The weak may be hurt by the crowds at the Kaaba, Mina, Arafat, Muzdalifat and Jamaraat. The weak can leave Muzdalifat
earlier to avoid the crowds (BG 620-621)
In case of a fracture, hajj is stopped and is repeated the next year (BG 647)
DISCUSSIONS ON PHYSICAL ACTS OF IBADAT
Saliva of domestic animals
Saliva of wild animals
Microbiological explanation of the pig as najasat
Microbiological explanation of the dog as najasat
Microbiological and toxicological definition of clean and cleansing water
Urethral massage to empty the urethra after urination
Explanation of the difference in the cleansing of urine of breast-feeding boys and girls
Microbiological and toxicological explanation of wudhu as cleaning the exposed parts of the body
Microbiological and toxicological explanation of tayammum as cleaning
Medical benefits of istinshaar, istinshaaq, madhmadhat, and mash al udhn
Does vene-puncture nullify wudhu?
Does an injection nullify wudhu?
Medical significance of the obligatory weekly bath
Medical significance of penile circumcision
Female circumcision: pros and cons
Medical benefits of cutting nails
Medical benefits of siwaak
Medical benefits of hand-washing
Explanation of exemption from salat in menstruation but not in dysfunctional uterine bleeding
Physiological explanation of the delay of salat in case of urinary or fecal urgency
Cleanliness of mosques and prevention of infections
Bowing and prostration as physical exercises
Medical explanation of the need to delay salat on hot days
Medical and psychological explanation of the exemption of the traveler allowing him to join and abridge salat
Change of salat positions and postures for the sick
Fasting for the elderly
Fasting of children
Fasting of the pregnant woman
Fasting of the nursing woman
Fasting of the woman in menstruation or post-natal bleeding
Fasting in case of a curable disease
Fasting in a chronic disease with no expected cure
Medical explanation of the recommendation of late suhuur and early breakfast
Medical determination of the maximum number of hours fasted in places where sunset is delayed
Medical recommendations on fasting in extreme heat
Medical recommendations on fasting in extreme cold
Type of food recommended for suhuur
Type of food recommended for breakfast
Measures to avoid dehydration in fasting
Fasting of a diabetic on oral hypoglycemics
Fasting for a diabetic on insulin
Medical procedures in fasting: vene-puncture, minor surgery, oral medication
Blood donation in fasting
Zakat and social welfare
Zakat as national revenue/taxation
Assessing medical fitness of the pilgrim
Rejection of people with infectious disease from hajj
Rejection of people with known psychotic conditions from hajj