1. 1
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
FASTING
DEFINITION OF FASTING
Literally:
To abstain in general, for Allah HI says: “I have vowed a fast to (God) Most Gracious, and
this day will I enter into no talk with any human being.” َمِّلَكُأ ْنَلَف اًمْو َ
ص ِنَمْحَّرِلل ُ
تْرَذَن ي
ِّنِإ
اًّي ِ
نسِإ َمْوَيْلا (Maryam ; 26)
Legally:
To abstain from that which breaks one’s fast, beginning with a specific intention,
throughout a day in which fasting is permissible.
TYPES OF FASTING
1. Obligatory fasting:
a. Intrinsic obligation: The fasting of Ramadan and making up for it.
b. Incidental obligation: This is vowed fasting (nathr), the fasting of atonement, and the
fasting which substitutes for slaughtering in hajj.
2. Recommended fasting:
Some of which has a specific evidence, such as the first nine, days of Thul Hijja, and some
of which has been requested by many evidences that encourage fasting in general.
3. Makrooh fasting.
4. Forbidden fasting.
INTRINSIC OBLIGATORY FASTING RAMADHAN:
EVIDENCE FOR FASTING RAMADAN
From the Quran, Allah says: “Ramadan is the month in which was sent down the Quran,
as a guide to mankind and clear signs for guidance and judgement (between right and
wrong), so every one of you who is present during that month should spend it in fasting.”
From the sunna, Ibn Umar narrated that the Messenger of Allah said: “Islam is built upon
five: Testifying there is no god but Allah and that Muhammad is the Messenger of Allah,
performing the prayer, giving zakat, making hajj, and fasting Ramadan.”
2. 2
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
By the consensus of scholars. One who denies that fasting Ramadan is obligatory becomes
ah unbeliever (kafir) unless he is a recent convert to Islam or raised away from (Muslim)
scholars.
A Muslim who holds fasting Ramadan to be obligatory but leaves it without an excuse
should be denied food and drink during the day so that he is forced to respect the state
of fasting.
CONFIRMING THE MONTH OF RAMADAN
Fasting Ramadan is obligatory:
1. When Sha’ban has completed thirty days.
2. When a person, even if he is corrupt, sees the new moon (crescent) of Ramadan.
Ibn Umar narrated that he heard the Messenger of Allah saying: “Fast upon
sighting it (the crescent) and break fast upon sighting it, but if it is too overcast
to be seen then act on estimation.”
And in a narration by Abu Hurayrah "... Then complete Sha’ban to thirty days.”
3. When someone is informed of sighting the crescent by a trustworthy person or by
someone who does not tell lies, even if the ruler has not accepted his/her testimony
(because of not having all the qualifications of an acceptable witness). If one fasts and it
turns out that it was Ramadan indeed, then one’s fasting is valid.
4. When the sighting is established by the testimony of a just witness to the ruler.
Sighting the new moon of Ramadan is established to the ruler by the testimony
of a single witness provided he is just, male, and accountable (for the duties of
Islam).
Abdullah ibn Umar narrated; “People competed to sight the crescent and I told
the Messenger of Allah that I sighted it so he fasted and ordered the people to
fast.”
Furthermore, because sighting obligates fasting it should be accepted from a
single witness as a precaution to fulfill the obligation of Ramadan.
CONDITIONS FOR FASTING TO BE OBLIGATORY
Islam. An original kafir (non-Muslim) is not required to fast. However, an apostate is
requested to fast, by saying to him: “Come back to Islam arid fast.” His fast is not accepted
while he is an apostate.
3. 3
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
Sanity (mental balance). Fasting is not obligatory for an insane, unconscious, or drunk
person whether or not he is responsible for his insanity, unconsciousness, or
drunkenness. Ali ibn Abu Taleb narrated that the Prophet said: “The pen has been lifted
from three: The sleeper until he awakens, the Child until his first wet dream, and the
insane (person) until he can reason.”
Puberty. Fasting is not obligatory for a discriminating child, though his fast is acceptable.
By analogy with prayer, a seven year old should be encouraged to fast if he can bear it
and a ten year old should be struck for leaving it (provided he is physically able).
Ability. This means the ability to fast without hardship.
THE CONDITIONS OF A VALID FAST
The intention. Umar narrated that the Prophet said: “Deeds are by intention, and to each
person what he intends.” Also, fasting is a mere worship, just like prayer, hence it is not
valid without intention. The intention is necessary for each day because each day’s
fasting is an independent worship.
Abstaining from deliberately having sexual intercourse (even without ejaculation) or
stimulating ejaculation. However, intercourse does not break the fast if one is ignorant,
and he has a reasonable excuse for being ignorant of the fact that intercourse breaks
fasting, or is forced to have intercourse against his will. Similarly, if one forgetfully has
intercourse, it is like one forgetfully eating, his fast is not broken.
Abstaining from making oneself vomit. Causing oneself to vomit breaks one’s fast even
if one is sure that nothing returned to his stomach. Unintentional vomiting, even in large
amounts, does not break the fast as long as nothing is swallowed. If one swallows some
of his vomit on purpose, his fast is broken and he has to make it up.
Abstaining from letting any substance enter the body’s cavity through an opening. This
includes cigarette and narghile smoke which breaks fast because it leaves a visible trace.
Islam, which means that a fasting person should be currently Muslim. Hence, the fasting
of an apostate who was once a Muslim is not accepted because the condition of
(accepting) deeds is intention and the condition of intention is Islam. 6. Purity from
menstruation and postnatal bleeding. Fasting is not accepted from a woman during her
menstrual or postnatal bleeding. By scholarly consensus, it is even haram for such a
woman to fast.
4. 4
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
Sanity throughout the day. Therefore, if insanity takes place, even for a moment, during
the day then fasting that day is not valid. This is unlike unconsciousness and
drunkenness whereby one’s fasting is valid unless they last the entire day.
Validity of the time for fasting. Fasting the days which are forbidden to fast, is not valid.
THINGS THAT ARE RECOMMENDED IN FASTING
1. Hastening the breaking of fast if one is certain that the sun has sat for Sahl ibn Sa’id said:
“Narrated that the Messenger of Allah said: “People will remain on the right path as long as they
hasten the breaking of the fast.
2. It is recommended to break one’s fast with a few freshly picked dates, otherwise with a
few dry dates, otherwise with water. The sunna is achieved with one or two fresh dates,
but the best is three for Anas ibn Malek said; “The Messenger of Allah used to break fast,
before praying, with fresh dates, if not, then with dry dates, and if not he would drink a
few sips of water.”
3. To say just after breaking the fast: “O Allah, I have fasted for You, and upon Your bounty
I have broken my fast, and in You I believed, and to You I surrendered, and in You I trust.
The thirst is gone, and the veins are wet, and the reward is sure- if Allah is willing. O You
who has great forgiveness, forgive me. Thanks be to Allah who helped me to fast, and
granted me sustenance to break my fast, 0 Allah, guide us to (perform) fasting, and help
us during it to stand for prayer and help us to do it while people are asleep, and allow us
to enter peacefully into Paradise.”
4. Having suhoor-the pre-dawn" partaking of food. Anas ibn Malek said: “The Prophet said:
'Eat suhoor, for there is blessing in suhoor.’” 4 Also, Ibn Abbas narrated that the Prophet
said: “Seek help in suhoor for fasting and seek help in a nap for prayer at night (Qiyam).
THE LEGAL STATUS OF THE VARIOUS CASES OF IFTAR IN RAMADAN
Detailed explanation of the cases of ifatr in Ramadan, with the legal status of each one of
them and what is obligatory for the non-fasting person with respect to making up and penance
(fidya) is given below:
IFTAR THAT IS OBLIGATORY AND OBLIGATES MAKING UP (QADA’)
5. 5
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
This is the case of a woman in menstruation or postnatal bleeding. Aisha said: “We used
to get that (menstruation) and were ordered to make up for missed fasting but not for
missed prayer.
This hadith orders a menstruant woman to make up for missed fasting. Postnatal
bleeding is measured against this hadith because postnatal bleeding is similar to
menstruation.
If a menstruating or postnatally bleeding woman becomes pure in the daytime, she is
recommended to abstain throughout the rest of the day, but it is not obligatory for her
as it is in the case of a boy having his first wet dream, or someone insane recovering, in
the daytime.
IFTAR THAT IS PERMISSIBLE BUT OBLIGATES MAKING UP AND PENANCE (FIDYA )
A pregnant or breast feeding woman if she fears for the baby alone.
One who breaks his fast to save the life of a person or animal on the verge of dying
because he feared that he would not be able to save him/it without breaking his fast.
One who postpones making up missed days of fasting until after the next Ramadan
without an excuse.
Penance is multiplied by the number of years. If someone dies after he witnesses another
Ramadan without making up missed days from the previous Ramadan, with no excuse,
his inheritor must pay out two penance, one for the missed days and one for delaying
making them up.
If the inheritor fasts instead of the deceased, the penance for making up is eliminated
and the penance for delay remains.
IFTAR THAT OBLIGATES PENANCE BUT NOT MAKING UP
1. An elderly person, or one with a chronic illness who is unable to fast, such that if he were
to fast he would suffer from unbearable hardship or a disease which permits tayamum.
Ibn Abbas explanation of Allah’s saying: “For' those who cannot do it (without
hardship), is a ransom, the feeding of one that is indigent...,” said: “That is the
elderly man or woman who are unable to fast. They must feed one poor person
for each day (they do not fast).”
Al-Bayhaqi narrated: “That Anas was ill one year before his death, so he did not
fast and he ordered his family to feed one poor person for each (missed) "day.” 3
2. One who dies and has missed fasting to make up for Ramadan or otherwise.
6. 6
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
The details of his status are as follows:
If one misses fasting for an excuse, and was not able to make it up because the excuse
continued. For example, if one falls ill and remains ill until he dies, then he is not
sinful and his inheritor does not have to pay any penance.
If someone misses fasting for an excuse and was able to make the missed days
up but died before he did so, or
he missed fasting without an excuse and he was not able to make it up, or
he missed fasting without an excuse and was able to make it up,
then in all three cases the inheritors should pay out penance on behalf of the
deceased from his inheritance for each missed fasting-day.
The penance is transferred from the liability of the deceased to that of the inheritors.
If the deceased did not leave behind any inheritance, a responsible family member or
indeed an outsider (even without permission) is allowed to give out penance on
behalf of the deceased from his own money, because this is like paying back debt on
behalf of someone which is a valid act.
If no one pays for the deceased, the penance remains in his liability, and if Allah
wishes He, in His mercy, will forgive him and release him
IFTAR THAT OBLIGATES MAKING UP BUT NOT PENANCE
1. Making up at one’s leisure:
a. An ill person who is expected to recover.
b. A traveller on a long travel.
c. A pregnant or breast feeding woman if she fears for herself only, or for herself and
her baby.
d. One who breaks his fast out of fear for himself in saving a person or animal on the
verge of dying, or out of fear for his life and that of the person or animal he is going
to rescue.
e. One who postpones making up until the following Ramadan because his excuse was
continuous.
2. Immediate making up:
a. One who is transgressing in breaking his fast.
b. An apostate if he returns to Islam.
c. The insane, drunk, and unconscious if they wake up.
d. One who, intentionally or unintentionally, does not make his intention at night and
does not compensate by following another school.
7. 7
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
e. One who wakes up not fasting on the day of doubt and then it is proven that it is the
first day of Ramadan.
IFTAR THAT DOES NOT OBLIGATE MAKING UP OR PENANCE
This is the case of a boy if he has his first wet dream,
an insane person, who is not responsible for his insanity, if he recovers , and
An original kafir if he embraces Islam because all these are not accountable for the duties
of Islam because each lacks one of the conditions of obligation. The first lacks puberty,
the second lacks sanity, and the third lacks Islam.
However, it is recommended, but not obligatory, for all of them to abstain from things
which break the fast starting from the moment their bar is lifted.
FORBIDDEN IFTAR THAT OBLIGATES MAKING UP AND MAJOR PENANCE (KAFFARA)
This is the case of one who is obligated to fast, intentionally and with free will, having
sexual intercourse in the daytime in the month of Ramadan knowing that this is
forbidden and having made the intention to fast at night.
Penance is not obligatory upon the woman even if she was the cause or compliant.
Penance is not obligatory on the man if he forgot he was fasting, or was forced to have
intercourse, or was ignorant that this is forbidden and he has a reasonable excuse for his
ignorance such as being a new convert to Islam or growing up away from Muslim
scholars.
However, if one is ignorant of the penance it is still obligatory upon him.
Penance is not obligatory for someone who has intercourse in the daytime while not
fasting for an excuse, such as illness or travel, nor for someone who intentionally breaks
his fast, by eating or drinking, then has intercourse because the intercourse took place
while he was not fasting.
WHAT THE MAJOR PENANCE CONSTITUTES
Major penance is achieved by freeing a Muslim slave.
If one cannot find a Muslim slave either because he is not available, or because he cannot
afford him, he should continuously fast for two consecutive months in addition to
making up the day for which the major penance was necessitated.
8. 8
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
If he breaks fast for one day only, even for an excuse such as travel or illness, the
continuity is interrupted and he has to start from the beginning all over again, even if he
breaks fast on the last day of the two months.
If one absolutely cannot fast or cannot fast continuously, then he must provide food for
sixty poor persons he is not obliged to sustain.
Cooking a meal and inviting sixty poor persons over for lunch or dinner does not count.
Rather, one should put into the possession of each one of them one mudd of the staple
of his country.
It is not valid to give one poor person sixty mudds in one day, but it is valid to give the
same poor person sixty mudds for sixty days, one mudd each day.
If one is unable to fulfill any of the three types of penance, he remains accountable since
he brought it upon himself.
Abu Hurayrah said: “A man came to the Prophet and said: ‘O Messenger of Allah, I have
perished. He said: ‘And what caused your perish? He said: ‘I had intercourse with my
wife in Ramadan. He said: ‘Can you find a slave to free? He said. ‘No. He said: ‘Can you fast
for two consecutive months? He said: ‘No. He said: ‘Can you find food to provide for sixty
poor persons He said: ‘No, and he sat down, The Prophet then brought a basket filled
with dates and said: ‘Give this away to charity.He said: ‘To poorer than us ? There is no
household, between the limits of this city who are in more need of it than us .
The Prophet laughed until his canines showed, and said: ‘Go and feed it to your family.’
If one dies, his inheritors must pay out the penance from his inheritance.
If he left no inheritance, a responsible family member can undertake it on his behalf
either by fasting or by (paying from) his own money, otherwise he remains liable for it,
if Allah wishes He may overlook it and forgive him, otherwise he will be punished for it.
It is valid for sixty persons to fast on one day on his behalf.
RECURRENCE OF THE MAJOR PENANCE
The penance is obligatory for violating the fast by intercourse, for each day of Ramadan,
even if more than one intercourse takes place in one day.
The penance is related to the number of days because fasting each day is an independent
worship.
LIFTING THE MAJOR PENANCE
9. 9
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
The major penance is lifted by death or insanity, occurring on the same day the person
committed this violation, because death and insanity terminate the person’s
accountability for , his actions.
This is true provided the person did not cause his own death or insanity. ' The major
penance cannot be lifted by illness, travel or financial distress.
FIDYA (MINOR KAFFARA OR PENANCE)
Fidya consists of providing one poor person with one mudd of the main staple in the
country, for each day.
It is not permissible to pay the value of that food nor to provide it before Ramadan.
Rather, it should be provided after the eve of the fasting day.
It is obligatory for all persons in the previously mentioned cases of iftar which obligate
penance (fidya), with or without making up.
FORBIDDEN FASTING
It is forbidden to fast on the days of Eid Al-Fitr and Eid Al-Adha, Abu Sa’id said: “The
Prophet forbade fasting the Day ofFitr and the Day ofNahr (Sacrifice).”
It is also forbidden to fast the Days of Tashriq, which are the second, third, and
fourthdays of Eid Al-Adha.
Nubaisha Al-Huthali said: “The Messenger of Allah said: ‘The days of tashreeq are days of
eating, drinking, and remembrance of Allah.”’ Hence, if one fasts on a forbidden day, his
fast will not be valid.
It is forbidden for a woman to fast non-obligatory fasting, while her husband is present,
without his permission.
Abu Hurayrah narrated that the Messenger of Allah M said: “A woman should not fast,
while her husband is present, without his permission.”
Also, the rights of the husband are an obligation (on the wife) and they should not be
abandoned for a non-obligatory worship.
If a woman fasts (without her husband’s permission), her fast is valid, but she is sinful. A
non-obligatory fasting while her husband is away, is permissible for the above hadith
and for the absence of the reason of prohibition
10. 10
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
ITIKAF (SPIRITUAL SECLUSION)
DEFINITION LITERALLY:
I’tikaf is to stay, to be imprisoned, to accompany or to be devoted to something, be it
good or bad,
for Allah says: “ What are these images to which you are (so assiduously) devoted-”
َم
ا
َ
َِهِذ
ٰ
ـه
َ
َيلِاثمٱلت
َ
َىِتلٱ
َ
َمنتأ
َ
اهل
َ
َونفِك
ٰ
ـع
LEGALLY:
The residence of a particular person in a mosque in a particular manner.
EVIDENCE
Allah says: ‘‘But do not associate with your wives while you are in seclusion in the
mosques, and
Aisha said: “The Messenger of Allah used to go into i’tikaf in the last ten days of
Ramadan,” as well as the consensus of the Muslim nation.
LEGAL STATUS
Sunnah
Confirmed sunna for anyone, male or female, at any time, day or night, in Ramadan or
otherwise.
It is better in the last ten days of Ramadan than in other times so that one can seek the
night of Qadr (night of high honor) as mentioned earlier.
Obligatory
Obligatory if vowed.
Makrooh
Makrooh for an attractive woman if she intends to do it in a mosque, even with her
husband’s permission.
Forbidden
Forbidden for a woman whose husband did- not permit her.
11. 11
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
Pillars
1. The intention.
The Prophet said: “Deeds are (determined) by their intention,” and because it is pure
worship hence it is not valid without intention just like fasting and praying.
The place of the intention is the heart and it is not necessary to pronounce it. In
intending a vowed i’tikaf, one must specify that it is obligatory, by saying: “I intend
obligatory i’tikaf,” or “I intend the obligation of i’tikaf,” It is sufficient to say: “I intend
vowed i’tikaf.” In recommended i’tikaf, it suffices to say: “I intend i’tikaf’ or “I intend the
sunna of i’tikaf.”
2. Staying in a mosque,
Literally or virtually, whether male or female.
Hence, i’tikaf is not valid anywhere except in a mosque.
However, some scholars say that a woman can do i’tikaf in her home if she designates
a special place for her prayers and says: “This is my mosque and I intend i’tikaf in it.”
CONDITIONS FOR THE PERSON IN I’TIKAF
Islam
at the beginning (of i’tikaf) and throughout.
The i’tikaf of a kafir is not valid because i’tikaf is a branche of faith.
If one reverts from Islam while in i’tikaf, his i’tikaf is nullified.
Sanity/discrimination.
However, puberty is not stipulated.
Hence, the i’tikaf of a young boy is Valid, unlike that of the insane because he is not
qualified for worship just like a kafir.
Purification
Purity from major hadath, be it menstruation, postnatal bleeding, or
janaba because staying in a mosque while in a menstrual or postnatal period, or
in a state of janaba is sinful.
If menstruation, postnatal bleeding, or janaba occurs during i’tikaf, the person should
leave the mosque immediately.
12. 12
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
THINGS WHICH NULLIFY I’TIKAF
1. Intercourse:
Deliberate intercourse, while aware of the i’tikaf, and knowing that it is forbidden.
Intercourse nullifies i’tikaf, be it in the mosque or elsewhere for Allah says: “And do
not associate with your wives while your are in i’tikaf in the mosques.”
2. Engaging In Mubashira
Engaging in mubashara (all froms of sexual touching: caressing/fondling/foreplay)
with desire.
Mubashara without desire does not nullify one’s i’tikaf,
3. Apostasy
Apostasy, and drunkenness if one causes it, Also, insanity and unconsciousness if one
causes them.
As well as janaba if one does not rush to purify himself, but if he rushes, his i’tikaf
will not be nullified.
4. Menstruation
Menstruation and postnatal bleeding if the period of i’tikaf normally would not
include them.
5. Going out of Mosque
Deliberately going out of the mosque without an excuse, for the above mentioned
hadith narrated by Aisha which says: “ ... He used to not enter the house, when he
was in i’tikaf, except for a need,” and because i’tikaf is staying in the mosque, if he
leaves, then he commits what contradicts staying without an excuse, thus nullifying
i’tikaf, just like eating in fasting.
6. Not going back to the mosque
Not going back to the mosque, though being able to, if one left for an excuse and the
excuse is gone.
MEANING OF NULLIFICATION
The meaning of nullification is that this time does not count from i’tikaf.
When the interruption is over, one can re-new the intention and build upon the
previous period if the i’tikaf is bound by a period-without-continuity.
If the i’tikaf is bound by a period and continuity, the i’tikaf is nullified, and one leaves
it, and must start over from the beginning.
If the i’tikaf is general, nullification means that its continuity has been broken.
13. 13
Cell: 5515335, WhatsApp: +923135394700
LLB 1st
Year , Second Term
LECTURES By
There is no building upon nor renewal of intention in this case.
The past period counts and fulfills i’tikaf.
Review Questions
1. Discuss the meaning of fast in detail
2. Classify fast in detail
3. What are the condition to validate the fast?
4. Discuss a status of an iftaar where penance and make up join together.
5. Write a note about itikaf in detail.
