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Fiqh of Fasting

books

The prescribed book for the course is Subulus-Salaam by the 17th century Yemenite scholar Muhammad ibn Ismaa‘eel as-San‘aanee which is a commentary on Buloogh al-Maraam written by Haafiz Ibn Hajar al- ‘Asqalaanee. In Buloogh the author gathered the majority of the hadeeths which are commonly used as the basic evidences for the Islamic legal system. The course material is comprised of the Chapter on Fasting (Kitaab as-Siyaam) from Subulus-Salaam.

Fiqh us-Sunnah

books

Fiqh us-Sunnah

The Fiqh of Hajj for Women

books

A research paper discussing issues of Hajj & Umrah particular to women

Examples of pledges that must not be fulfilled

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Any pledge to do something forbidden must not be fulfilled, such as pledging oneself to drink wine, making pledges to dead people or making pledges to glorify a grave or an object.

Pledges

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A Nadhr is a pledge to do something for God’s sake, a Muslim is encouraged to do good deeds without making pledges, but if he makes a Nadhr he must fulfil his commitment.

Conditions for atonement

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The atonement of an unfulfilled oath is a must if it is a valid one, done deliberately and the swearer did not do what he swore to do, provided that he did not make an exception.

Atonement for oaths

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Atonement for oaths can be done by feeding 10 poor people, giving each of the 10 people a garment, or to set a slave free. If not attainable, the swearer should fast for 3 days.

Oaths and Pledges

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There are 3 kinds of oaths: Idle oaths which are not accountable, confirmed ones which are accountable, and false oaths which are cardinal sins and cannot be atoned for.

Accidental killing

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Accidental killing does not incur a punishment in the hereafter, while the ruling in this life is that indemnity is payable by the offender and his relatives in of 3 years.

Semi-deliberate killing, or manslaughter

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The rule on semi-deliberate killing or manslaughter falls in between deliberate and accidental killing. The offender is to pay indemnity from his wealth to the victim's family.

The indemnity and its assessment

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The important point when imposing a punishment is to be a deterrent, courts assess the indemnity payable according to the extent of the damage caused and suffering of the victim.

Who is to pay

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If an offence is deliberate and led to death, the indemnity should be given by the offender. If the offence is accidental, it is payable collectively by the offender’s relatives.

Indemnity

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Diyah or indemnity is the money given to the victim or to his immediate family due to an offence. Its payment is a duty based on the Quran, Sunnah and unanimity of scholars.

Loss of function of a bodily organ

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Qisas cannot be applied in case of losing a bodily organ, instead the victim has to be paid indemnity. If the loss cannot be assessed, the punishment is determined by a judge.

Loss of limb

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There are 3 categories of the offence causing a limb loss, deliberate, semi-deliberate and accidental. Qisas is applicable to the deliberate category only if 3 conditions are observed.

Wounds

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There are 2 categories of wounds, to the face and to the rest of the body. There are 10 degrees of the 2 categories. It is left to the judge to determent the due compensation.

Offences causing physical injury

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A qisas punishment is enforced in case of offences causing physical injury based on the Qur’an, the Sunnah and unanimity of scholars. Such Offences are of three categories.

Fiqh as-Sunnah: The Book of Hajj

books

One of the most detailed books describing the rulings of Hajj, Umrah, and visiting the Masjid of the Prophet (peace be upon him).

Deliberate killing, or murder

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Deliberate killing is a major sin, if the killer is a sane adult fulfilling 3 murder conditions he should be subjected to retribution of death as Qisas unless the victim's family forgives or accepts indemnity.

An offence against life

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Committing a murder or killing someone without a lawful cause is strictly forbidden in Islam as stated in Quran. Killing is categorized into three types; deliberate, semi-deliberate and accidental. 

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