Fiqh and Fuqaha
Mulla Asgharali M.M. Jaffer
Chapter 4: Ibadaat
First Chapter – Kitabu-t-Taharah
Taharat means cleaning from the impurities, which are of two types: Khabath and Hadath.
Those impurities, which have been, specified as inherently Najis like urine, excrement, blood, semen etc. are called Khabath. When our bodies or clothes come into contact with them, they have to be made clean. Then there are certain acts of taharat, which are ritual and are a prerequisite to the acts of worship like Namaz and Tawaf. These are Wudhu, Ghusl or Tayammum. They are invalidated by natural causes like sleeping, urinating or entering into a state of Janabat, and they have to be reinstated.
Second Chapter – Kitabu-s-Salaat
In this chapter, various prayers like the daily Namaz, Namaz of Idd, NamazeMayyit, NamazeTawaf, Nafila etc are outlined. Then the laws, which explain the prerequisites of Salaat, and the acts, which invalidate the prayers, are elaborated. Details are given about Namaz in one’s own hometown, Namaz of a traveller, Namaz prayed alone, and the one in congregation (Jamaah), Namaz prayed on time, and those as Qadha.
Third Chapter- Kitabu-z-Zakah
In this chapter, various types of wealth tax are discussed; especially the one which is applied to Gold, Silver, Wheat, Barley, Dates, Grapes, Cattle (big and small) and Camels. Details of percentage levied, and the ways of spending Zakat are also explained.
Fourth Chapter- Kitabu-l-Khums
Khums means one fifth (20%) and is also a type of wealth tax. According to Sunni Fiqh, this is applicable to the spoils of war only. But in our Fiqh, the spoils of war are just one of the many other incomes and accruals on which khums is to be paid. For example, the minerals, the treasures, the wealth which is mixed with Haram in a manner that it cannot be extricated, and its rightful owner cannot be traced, the wealth acquired by diving, and the net savings and profit in businesses etc.
Fifth Chapter – Kitabu-s-Sawm
This chapter deals with the laws governing fasting, and distinguishes obligatory fasts of the month of Ramadhan from other categories. For example, the forbidden fasts on Idd days, the Makrooh fast on Ashura day, and so on.
Sixth Chapter – Kitabu-l-I’tekaf
Literally, it means to retire into a place. In Fiqh, it is a form of worship. When a person wishes to do I’tekaf, he has to retire into a mosque for three days or more, and fast for three days. He remains secluded, not stepping out of the mosque. This act is optional in itself, but if one commences it and continues for two days, then it is Wajib to complete the third day. Originally I’tekaf was to be observed in Masjidul Haram (i.e. Makkah), Masjidul Nnabi (i.e. Madinah), Masjid of Kufa. But it is also allowed in the central mosques of any town or city, excluding small mosques. The Prophet (s.a.w.) always observed I’tekaf in the last ten days of holy Ramadhan.
Seventh Chapter- Kitabu-l-Haj
This deals with all the obligatory and optional acts, during pilgrimage to Makkah, like wearing Ihram, Tawaf, Namaz of Tawaf, Wuqoof at Arafah, Mashar, Mina etc.
Eighth Chapter- Kitabu-l-Umrah
It is a smaller or lesser Haj, and it is obligatory for the Hajis who must perform it first before proceeding to complete the Haj. It consists of Ihram, Tawaf, Namaz of Tawaf, Saee’, Taqseer.
The acts of Umrah are performed in the following order:
c) Two Rakaats of Tawaf
d) Saee (between Safa and Marwah)
In Haj, the order is as follows:
b) Wuqoof at Arafah
c) Wuqoof at Mashar
d) Rami of the last Jamarah at Mina
e) Sacrifice of animal
f) To shave off the hair, or cutting nails etc.
g) Tawaf of Haj
h) Two Rakaats for Tawaf
i) Saee’ for Haj
k) Two Rakaats for TawafunNisa
l) Staying at night in Mina
m) Rami of all Jamarats in Mina
Ninth Chapter – Kitabu-l-Jihad
This chapter deals with the holy wars, which is deemed absolutely necessary for the preservation of security and welfare of a society. Jihad can be of two types: ¬One initiated and another defensive. Shia Fiqh stipulates that in order to initiate a Jihad, consent must be had from the Prophet (s.a.w) or any Masoom Imam. As for the defensive holy war, it can be waged as and when it becomes necessary. This chapter also deals with the laws pertaining to Dhimmis who seek refuge under an Islamic state, and about truce and peace treaties between Islamic and nonIslamic countries.
Tenth Chapter – Amr-Bil-Ma’roof & Nahy-Anil-Munkar
In an Islamic society, it is the responsibility of every Muslim to enjoin good and forbid evil. Of course, there are conditions and regulations for carrying out this duty. This chapter deals with them extensively.