Full text of

"Muqaddimat al-izziyat
lil jamaat al-azhariyyah
(English)"
See other formats

Al-Muqaddimah Al-Izziyah is a Maliki Fiqh text

written by Abu
Hasan Al-Maliki Al-Shadhili (d. 939 А.Н, Cairo
). The book
covers all of the primary areas of worship in
addition to practical
life matters such as marriage/ divorce, commcr
cial transactions
and inheritance. It is said that the author wr
ote this book for
the sake of the common community living around
the Azhar
Mosque in Cairo during his time. While it is n
ot one of the
major or rclied upon books of the madhab, it’s
simplicity and
eloquence has made it a desired treasure to ma
ny. Al-Izziyyah
although originally written for a small audien
ce around Azhar,
has become a very popular book in West africa,
North Africa
and Sudan.

Г»«ц

1-н

гч.

Muqaddimah
al-Izziyah
lil-Jama’at
al-Azhariyyah

A Treatise on Maliki Fiqh

FOR AN ENGLISH AUDIENCE

BY

Abu al-Hasan ali al-Maliki Ash-shadhili

Translation/ Notes: by YA. Quadri and I.O. Olo

yede

Dar al-Risala Publishing Solutions

USA

http://www.Daralrisala.com

Muqaddimah
al-Izziyyah
lil-Jama’at
al-Azhariyyah

A Treatise on Maliki Fiqh

FOR AN ENGLISH AuDIENCE
BY

АЪи al-Hasan ali al-Maliki Ash-shadhili

Translation/ Notes: by Y.A. Quadri and I.O. Ol
oyede

SHEBIOTIMO
...PUBLICATIONS ©

• DAR AL-RISALA

• PUBLISHING ©

Author: . AbTi al-Hasan all al-MalikT Ash-shad

hilT

Translation/Notes: .Y.A. Quadri and I.O. Oloye

de

Editor: .Dar al-Risala Publishing Solutions

Cover Design: .Dar al-Risala Publishing Soluti

ons

Interior Design: .Dar al-Risala Publishing Sol

utions

Isbn: .978-1479278633

Copyright ©2012 Dar al-Risala Publishing Solut

ions Published by:
Dar al-Risala Publishing Solutions
www. daralrisala. com

About Dar al-Risala:

Dar al-Risala Publishing Solutions is an innov

ative publisher of Is-
lamic books and publications. Our titles are d
rawn from a range
of Islamic subjects in both English and Arabic
. We specialize in
using new technology to provide an altemative
publishing model
which addresses the needs of the Islamic book
market. Our pub-
lishing model makes it possible to publish boo
ks for both general-
ized and specialized audinces keeping books in
print indehnitely.
With our alternative publishing model books ca
n be printed in any
quantity as opposed to large print runs, and c
an reach their audiences
faster and more efficiently than with traditio
nal publishing. Our Al-
ternative publishing model makes it possible t
o bring back out-of-
print books, with a minimum of risk and expens
e. Once a book is
released through Dar al-Risala Publishing Solu
tions, “re-printing”
through large offset print mns is not necessar
y; most books can re-
main available almost indehnitely, and need ne
ver go out-of-print
again. This allows revenues to continue year a
fter year, with little or
no additional expense.

Disclaimer: Books of fiqh should ideally be st

udied with teachers. We
have republished this work with the hope that
it will be of benefit to teachers
and serious students. It is also hoped this th
is book can serve as a reference
for the common people since there are very few
translated Maliki fiqh texts
available in hardcopy.

Any fiqh rulings taken from this book should b

e crossed checked by
scholars or "those who know" before you decide
to follow them for your-
self. This is especially important when readin
g the sections on marriage
and divorce, commercial transactions and inher
itance. Please be wise and
mindful, using this book as a tool and resourc
e to further your knowledge
and ultimately your relationship with Allah.

Contents

1 Purification. 1

2 Ritual Prayer.23

3 Az-Zakah .57

4 Fasting.65

5 Spiritual Retreat 7 'tikcif .67

6 Pilgrimage.69

7 Marriage and Divorce.77

8 Commercial Transaction. 87

9 Inheritance Shares. 89

10 Obligations, Practices and Etiquettes.95

11 Epilogue.101

Preface

Alhamdulillahi Ladhi bi 'idhnihi tatimu ’S Sal

ihat

All praise is due to Almighty Allah for making

it possible for us to
write this book.

This work Al 'Izziyyah for the English Audienc

e is part of a design
to make some of the Arabic books written by tr
aditional authors on
Islamic Jurisprudence available to numerous Mu
slims who desire to
know more about Islam especially Fiqh but are
handicapped due to
the fact that the books are written in Arabic
which they do not un-
derstand. The situation should not be allowed
to remain unchanged.

Attempts have been made earlier by Dr. Y.A. Qu

adri in this di-
rection by writing both Islamic Acts of Worshi
p According to Al
'Ashmawi and Al 'AkhdarVs compendium on Islami
c Acts of Wor-
ship. Another scholar in person of Alhaji Bell
o Muhammad Daura
had translated Ar-Risalah into English Languag
e while Mallam I.O.
Oloyede is currently working on Mukhtasar Khal
il.

With these books available in English language

, it is hoped that
many people will find tremendous fulfilment of
their desire to quench
their thirst for Islamic Jurisprudence-Fiqh.

We must not fail to acknowledge the inspiratio

n given to us by
Professor I.A.B. Balogun, former Head, Departm
ent of Religions,
University of Ilorin to whom this work is dedi
cated. also, we ex-
press our appreciation to our colleague Dr. Z.
I. Oseni for his usual
useful advice and invaluable suggestions.

Y.A. Quadri
I.O. Oloyede

Introduction

p.f Ad' $ jfH

Praise is due to Allah the Lord of the worlds,

I bear witness that
there is no God but Allah alone. He has no Ass
ociate. I also bear
witness that Muhammad is His servant and messe
nger. Blessing and
peace of Allah be upon him, the generality of
prophets and messen-
gers; the household of each of them and on all
those who follow them
in righteousness till the Day of Resurrection.

The devotee (of Allah) who is in need of the b

enevolence of Al-
lah the most Exalted, Ahit al-Hasan allal-Mali
klAsh-shadhill, 1 May
Allah forgive him, his parents, his teachers,
his brothers and the en-
tirety of the people who tred on the prophet M
uhammad' s path until
etemity, says: This is a presentation of issue
s of worship and other
matters, according to the school of Imam Malik
b. Anas - May Al-
lah the Most Exalted have mercy on him. It is
hoped that the youths
and their ilks will beneflt from it. God willi
ng. I have extracted it
from my book entitled 'Umdatal-Salik ala madha
hil 'imam Mdlikfil
'ibadat wa ghayri dhalika. I name it (this boo
k) al-Muqaddimatal-
‘izziyat lil-jama at al-Azhariyyah. It consist
s of eleven chapters.

1 A scholar of the Maliki School of Islamic ju

risprudence who is also a member
of the shadhili tanqah.

Chapter 1
Purification

Allah the Most Exalted said: "And We have-sent

down pure water
from the sky" ( Qur'an 25:48). Pure water is t
hat which is in itself
clean and can also cleanse other things; such
as river-water, well-
water, and rain-water 1 , provided none of its
three qualities - colour,
taste and odour - has been changed by what is
normally extraneous
to it, such as milk, honey, urine or excreta.
If any of its qualities is
changed by anything including those mentioned,
it is not valid for
ablution, ritual bath, or cleansing from filth
(i.e. after visiting the
toilet). Water which is changed by a clean mat
erial remains clean but
not pure; it can be used for general purposes
but it is not to be used for
religious acts. Pure water that is polluted by
filth is filthy; it is neither
used for general purposes nor for religious ac
ts. If water is changed
by its habitat; such as sand, salt or lime; or
by what procreates in
the water such as watennoss; or that which had
stayed in the water
for a long period, then such is not harmful; i
t is for both general and
religious uses. When filth falls into a small
quantity of water - such
as the water in a container meant for ablution
or for ritual bath - but
the filth does not effect any change in the wa
ter, then cleansing or
purification with the water is proper but usin
g it is objectionable if
another pure water can be found. Water which h
ad been used for
ablution or ritual bath is pure, but it is obj
ectionable to use it for
purification, if another pure water is availab
le. Concerning its uses

1 Included are such as spring-water, treated t

ap-water and water from similarly
pure sources.

Chapter 1 Purification

for other things such as using it for cooling

one self in bath, 2 and
Jumu ah - bath, 3 there are two views. One obj
ects to it while the
other does not.

The Pure Bodies

Every living being either human or others, is

clean. Also clean is it's
sweat, saliva, mucus, tears and egg which is n
ot addle. That is the
egg which has changed and become rotten. The m
ilk of a living hu-
man being is clean. Likewise is the milk of th
e living animal lawful
for consumption such as cow, sheep and camel.
So also are urine
and excreta of an animal whose flesh is lawful
provided the animal
does not feed on filth. The (lawfulness or unl
awfulness of) milk of
others will be decided in accordance with the
status of the flesh of
the animal. So whatever animal whose meat is a
n unlawful food,
its milk will be filthy, such include horses,
mule or ass. Whatever
the consumption of its flesh is objectionable
such as beasts of prey,
it's milk is also objectionable. The dead body
of that without any
flowing-blood, such as flies, ants and wonns,
is clean.

The Impure Bodies

The corpse of any human being other than that

of a prophet is filthy.
Also filthy is the carcass of whatever has flo
wing - blood such as that
of louse, according to popular view, and such
as fleas, according to
the view of Ibn al-Qassar. Also filthy is what
is extracted from a
living or dead 4 animal among those things whi
ch are sustained by
life - such as hom, bone, nails and skin. Also
impure are the milk
of a dead body, and milk of an animal whose fl
esh is forbidden such

2 Ordinary bath which is non-obligatory on one

like taking bath during very hot
weather to reduce the effect of the heat on on
e.

3 Non-obligatory ritual bath taken in preparat

ion for Jumu 'ah prayer.

4 Animals not slaughtered or properly killed.

as a pig and a she ass. The urine and excremen

t of Jalalah are im-
pure. Jalalah is every animal that feeds on fi
lth. Also impure are
the urine and excreta of a human being other t
han the excrement’s of
prophets; the urine and excreta of an animal w
hose flesh is forbidden
or that whose consumption is objectionable; su
ch as lion and wolf.
Also filthy are bloody pus, white-pus, and flo
wing blood of a human
being and other beings, vomit that has changed
from the normal state
of the food, and intoxicants such as liquor.

Also filthy are:

1. AI-Many (spenn): It is a thick white liquid

from a man and its
coming out is by gushing. It smells like polle
n or very similar
lo the smell of dough. When it is dry, the sme
ll is similar to
that of an egg. From a female it is a light an
d yellowish water.

2. Al-Wady (Seminal urine): It is a thick whit

e liquid that comes
out mostly after urine.

3. AI-Madhy (Seminal fluid): It is a light liq

uid which comes out
during sexual enjoyment, either with the erect
ion i.e. rising of
the penis during romance or recollection (of s
exual romance
or cohabitation) i.e. thinking about it. The a
shes and smoke of
a filthy thing are filthy.

Removal ofFilth

It is compulsory to remove filth from the garm

ent, body and place
of worship of a worshipper. These are what com
e in contact with
parts of his body. It is compulsory provided h
e remembers (during
or before the worship) and he is capable of it
s removal with pure
water. If he removes it with something other t
han pure water and he
thereafter offers his ritual prayer, the ritua
l prayer is invalid.

Chapter 1 Purification

If filth falls on a worshipper while he is per

forming a ritual prayer,
the prayer becomes invalid. The same (invalidi
ty) applies if one re-
members while on a ritual prayer, that either
his garment, body, or
place of worship contains filth. When a place
is filthy, and a wor-
shipper places on it a clean and thick cover,
the prayer on such a
cover is genrally accepted For both the sick a
nd healthy, according
to IbnYunus. 5

Pardonable Filth

Overlooked is a little quantity of blood in al

l cases. Be it menstrual
blood, post-natal blood or blood from a dead b
ody. (It is overlooked)
when the worshipper discovers it on his body,
garment or place of
worship either during ritual prayer or outside
(before or after) it.

Also pardonable is a little bloody or white pu

s. Little is what is
not up to a dirham. What is meant by a dirham
is of mule's fore-
ann. Also over-looked is the stain from the sp
ot of a boil if it is not
pressed, or stains of blood of fleas or rain-m
ud, even if it contains
excreta. It is, however, not overlooked if the
filth is more than the
mud or if the filth is distinct from the mud.

Obligatory Aspects of Ablution

The obligatory aspects of ablution are seven:

1. Intention: It is the intention within the m

ind. One offers the
intention in one's mind while washing the face
. The intention
can be:

a) "For making obligatory ablution".

b) "removal of (minor) filth" or

5 Ibn Yunus was a renowned Muslim jurist.

с) "For making lawful what has been made unlaw

ful by the
discharge of impurity."

2. Washing the whole face: Its length is from

the beginning of
where hair normally grows up to the end of the
chin, while its
breadth is whatever falls between the two ears
. He specially
washes the linings on his fore-head i.e. the w
rinkles on the
fore-head. So also are the tips of the lips an
d the tip between
the two nostrils. It is compulsory to wipe a l
ight beard and
wash a long thick beard.

3. Washing the hands up to, and including, (th

e elbows. It is com-
pulsory to rub in-between the fingers of the t
wo hands.

4. Wiping of the whole head. Starting from the

beginning of the
fore-head up to the end of the skull.

Whoever performs ablution and thereafter cuts

his nails or shaves
his head, needs not rewash or rewipe the place
s. Opinions dif-
fer if one shaves one's beard after ablution.
Some scholars
opine that one should rewash its place, while
others say he
need not.

5. The washing of the two feet up to and inclu

ding the ankles.
These are the two protruding bones at the edge
s of the shins.

It is recommended that the toes be rubbed thro

ugh.

6. Proper rubbing. It is passing the palms ove

r the relevant part
of the body with water. It is not a condition
that the mbbing
should be done simultaneously with the pouring
of water on
the part of the body.

7. Continuity: It is to perfonn the whole ablu

tion quickly at one
stretch without an extraneous interruption whi
le one remem-
bers that one is in ablution and one is capabl
e of performing it
at once.

Chapter 1 Purification

Sunnah Aspects of Ablution

The Sunnah 5 6 aspects of ablution are eight:

1. The washing of the two hands before dipping

them into the
container. The washing should be with the inte
ntion of wor-
ship. Each of the hands is separately washed t
hrice.

2. Rinsing of the mouth. That is putting water

into the mouth.
Then it is stirred and then spit out.

3. Sniffing. That is, allowing water into the

nostrils.

4. Exhaling: It is the blowing out of water fi

rom the nostril while
one places the left thumb and index fingers on
the nose. One
who is not fasting should be thorough in his r
insing and sniff-
ing. It is preferred thai the rinsing should h
e with three (fresh)
handfuls and then the sniffing with three sepa
rate handfuls of
water.

5. Wiping of the ears. Doth their outer and in

ner surfaces. (This
is done) by putting the index fingers into the
ear cavities while
the thumbs are placed behind the ears.

6. Renewal of water for the wiping of the ears

. 7 8

7. The return ofthe hands from the occiput to

the fore-head when
wiping the head.

8. Arranging the obligatory aspects of the abl

ution in sequence.

6 The Tradition of the Prophet Muhcimmad (S.A.

W.)

7 This provision is to caution against the use

of the residue of same handful of the

water used for wiping the head for the wiping

of the ears. A separate handful

of water is needed for the wiping of the ears.

NOTE: Whoever omits any obligatory part of abl

ution will re-do it
and he shall repay the ritual prayer (which he
mighty have performed
on the basis of the incomplete ablution). Whoe
ver omits a Sunnah
aspect of ablution needs not repay (the ritual
prayer; he would re-do
the Sunnah only for the subsequent ritual pray
ers.

Virtuous Acts of Ablution

Virtuous acts of ablution are eleven:

1. Mentioning the name of Allah at the incepti

on of the ablution
by saying: "In the name of Allah". If it is fo
rgotten at the
beginning, and it is remembered during the per
formance of the
ablution, one will say it then.

2. Prayer at the completion of the ablution by

saying while raising
one's index linger towards the sky: "I bear wi
tness that there is
no god but Allah alone, He has no associate an
d I bear witness
that Muhammad is His servant and Messenger. Oh
God, make
me one of those who repent and make me one of
pure ones".

3. One should not talk during one's ablution.

4. Minimizing the quantity of water to be used

. This has no spe-
cific limit. it is like the case in ritual bat
h, but with due cog-
nizance of the requirements of each of them.

5. Brushing the teeth with wet or dry stick, b

ut the fresh one is
preferred for a non-fasting person. If one doe
s not find a stick,
the fingers or any coarse object is used. The
right hand is used
for brushing. It is done before the ablution a