fiqh of long fasts ramadan

The Jurisprudence (Fiqh) of Long Fasts in Areas of Extreme Latitude

A survey of scholarly opinions and a suitable solution to this dilemma

Hafiz Muhammad Naveed Idrees

April 2014

for in depth articles see alrukn.com

Context

In the coming years, Ramadan will continue to fall within the Summer months. For Muslims living in latitudes above 48 degrees this has 2 main implications.

1. Short nights and long days

2. Fatigue and exhaustion due to lack of sleep

For people who work 9-5 their health, productivity and moods are affected, which has far reaching consequences on self and society.


Starting Point The shariah has linked the timings of Salah and

Sawm to the ‘movements’ of the Sun. The Quran has laid the principles and the Sunnah

has provided details. The length of day in Muslim countries throughout the

seasons is regular, the issue of extreme days and nights did not arise in the past

Over the last century, Muslim populations have become established in extreme latitudes, the issue now requires urgent attention


Key Questions

1. Does the Shariah make any exceptions for

people living in high latitudes, to what extent,

and what is the legal basis for this?

2. Can the astronomical indicators for Fajr prayer and Imsaak (closing the fast) be suspended in extreme latitudes, taking account of the level of hardship experienced?


Default Position The default position based on the texts is that the

Shariah has made clear the timings of the prayer and the opening and closing of the fast. Where these indictors exist, one must fast and pray in line with these, irrespective of length of day or night. Based on scholars’ ijtihad they extend the exception made for the ill to apply to those who cannot cope with the long fasts.


Alternative View based on Ijtihad The texts relating to the timings of the prayer and

fasting, assume an average length of day. They are silent on the issue of extreme lengths of day. This is a matter of ijtihad, as application of the literal rules in extreme altitudes will lead to extreme hardship and violates the aims of the Shariah.


Key Textual References (NASS)


Quran


Translation 2:185

The month of Ramadhan [is that] in which was revealed the Qur'an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.


Quran


Translation 2:187 It has been made permissible for you the night preceding

fasting to go to your wives [for sexual relations]. They are clothing for you and you are clothing for them. Allah knows that you used to deceive yourselves, so He accepted your repentance and forgave you. So now, have relations with them and seek that which Allah has decreed for you. And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset. And do not have relations with them as long as you are staying for worship in the mosques. These are the limits [set by] Allah, so do not approach them. Thus does Allah make clear His ordinances to the people that they may become righteous.


Hadith

إذا أقبل الليل من ههنا، وأدبر النهار من ههنا وغربت الشمس فقد أفطر " الصائم

When the night comes from here, and the day turns from here, and the sun sets, then let the fasting person break his fast.

) وكلهما عن ابن عمر3/132) واللفظ له، ومسلم (2/240متفق عليه. صحيح البخاري (


Hadith: Timings of prayer وعن بريدة رضي ال عنه أن النبي - صلى ال عليه وسلم - " سأله رجل عن وقت الصلة ، فقال : " صل معنا هذين اليومين " ، فلما زالت الشمس أمر بلال رضي ال عنه فأذن ثم أمره فأقام الظهر " . الحديث أخرجه مسلم في " صحيحه " ، وعن - رضي ال عنه - " أن النبي - صلى ال عليه وسلم أبي موسى العشعري - أتاه سائل يسأله عن مواقيت الصلة ، إلى أن قال : ثم أمره ، فأقام بالظهر حين زالت الشمس ، والقائل يقول : قد انتصف النهار ، وهو كان أعلم منهم " الحديث ، رواه مسلم أيضا ، والحاديث في الباب كثيرة جدا


http://library.islamweb.net/newlibrary/showalam.php?ids=110

Hadith Translation Buraydah narrates that a man asked the Prophet

pbuh regarding the timings of the prayer. So He said: Pray with us for two days. When the sun moved from its Zenith he ordered Bilal to make the Adhaan for Zuhr.

On the Authority of Sahih Muslim

Note: There are many narrations that establish the timings of the prayer


Examples of Default position


1. World Muslim League Fiqh Council 1982 As long as astronomical signs exist, fast from dawn

till dusk as indicated in 2: 178 However, if one cannot fast due to the length of the

day, based on experience, doctors advice, signs of not coping, or he believes that it will affect his health or lead to his death, then can fast at another time of the year based on 2:185, Rukhsa (dispensation)


http://www.institutsounnah.com/fatawas-sur-les-horaires-de-prieres-arabe

Basis of Exception (Rukhsa)

1. Analogy with one who is Ill or travelling, See 2:187 aboveاَضأ ًا أو على اَمري اَن ك ْن كا اَم اَو و ُه ك ْم و ُص اَفك ْلاَي اَر ك ْه و ُم الش و ُك ك ْن نِم اَد نِه اَعش ك ْن اَفماَر" اَخ ك ْن أاّيام و ُأ نم ٌة م ةَّد نِع اَف ف ٍر اَساَف2. God does not burden a soul greater than its capacity to bearاَها اَع ك ْس و ُو اَسأ ًا إال ك ْف و ُل اَن و ُف ا اَكفِّل ال و ُي

3. God has not placed in difficulties for you in your religion


2. European Fatwa Council 7/20 قرار رقم

Confirmed view of Fiqh Council but added: Possibility of closing fast time (imsaak) to be flexible as

astronomical factors don’t exist during long summer months, is based on ijtihaad

Advised people to refer their local scholars to define level of hardship for people on jobs and occupations


Default position is widespread Hanafi schools of thought from Indian sub continent

e.g Barelwis, Deobandis, Ahl Hadeeth, Tableeghi Jamaat

Permanent Fatwa Council, Saudi Arabia


Implications of Default position (1) Individualism - undermines community spirit of

Ramadan Weakens the position of Muslims as affects their

ability to work Analogy with illness is not correct, as this affects the

whole community and is not an illness Focuses entirely on form


Implications cont. Localises Islam - undermines universal applicability Deters non Muslims/ weak Muslims and new

Muslims, and over time will weaken attachment to Ramadan. BBC article

Is based on literal approach to the texts and ignores the needs, circumstances of the people

Goes against the Maqaasid al-Shariah


http://www.bbc.co.uk/news/magazine-19199411

Case Study of Scholarly critique

Sheikh Mustafa Zarka


Short Biography Shaikh Zarka was one of the foremost scholars of

Islamic jurisprudence and comparative law in the Islamic world. He authored 12 seminal books as well as numerous articles dealing with both general and specific issues of Islamic jurisprudence, such as laws of endowments, insurance contracts, trading, and bartering etc.


Works

Published a series of comparative studies of Islamic versus civil laws. His ground-breaking book Madakhil ila Nazariy’yat al-Iltizam fil Fiqh al-Islami (Introduction to the Theory of Liability in Islamic Law) is one of the most important references on this subject in modern times. He died in 1999, at the age of 95.He ranks among the top ten Islamic scholars of the twentieth century.


Study of this area Reason and Fiqh in understanding Hadith, Dar al

Qalam, 1996, p124

طبعة 124كتاب العقل والفقه في فهم الحديث النبوي للشيخ الزرقا ص : م1996دار القلم


Key Points• Astronomical signs can lead to extremely long days

and night e.g a day of 23 hours and a night of 1 hour• Hadith related to timings of fasting assume they

apply to average/normal length of day. • This hadith does not reject or prohibit taking into

account the factor of variation in length of day and night

• In fact it is wajib to say that the Hadith is silent on taking account of the variation in length of day, it is therefore a matter of Ijtihad


Silent Matters• In such situations we must establish a ruling that

takes account of the Maqaasid al shariah i.e aims/goals which the Law Giver is wanting to achieve through this command.

• Taking a literal approach violates these aims and goes against the principle of Raf’ al Haraj (removing hardship) enshrined in Quran and Sunnah

• It does not make sense to pray the daylight prayers in a period of less than an hour or to fast for a duration of 23 hours.


Shaikh Mustafa Zarka’s view In situations where the astronomical signs of day

and night appear but are extremely long (e.g more than 16 hours) we have two options (see next slide)

Not doing this will lead to extreme hardship haraj which the Quran explicitly asks us to avoid


Two Options We base the timings of fasting and prayer on the

area where Islam was revealed, and which form the basis of the Hadith, that is Hijaz

We take the furthest area to which the Muslim authority extended in the past e.g. northern Spain and use the length of day as a basis


Examples of other views

Based on Ijtihad


1. Al Azhar Fatwa Council 1982 &1983 In regions with long days, permissible for Muslims to

fast in line with the length of day in Makka, for the equivalent number of hours

Close fast at dawn according to local time, after the same duration in Makka open the fast, even if the sun has not set


Comments Will affect unity of Muslims, as we will be opening at

different times. Will affect Magrib Jamaat and Tarawihs Does not deal with issue of fatigue and exhaustion

as a result of lack of rest and sleep


2. Sheikh Faisal al Mawlawi former deputy chairman of the European Council for Fatwa and Research,

Based on astronomical (18), nautical (12) and civil dawn (6)

If one leads to hardship or is absent, then move to the other

Used in France by Union of Muslim Organisations

Source:

“امواقيت الفجر والعشاء في المناطق الفاقدة للعلامات الشرعية


3. Egyptian Fatwa Council 2009 In countries where there is extreme length of day

and night, the link with astronomical indicators of the Sun is not valid

Scholars are agreed that the general rules of the Lawgiver apply to normal, common situations . See Ibn Hajr, Ibn Abideen

Ibn Arabi al Maliki: words of the Lawgiver must be taken literally not metaphorically, unless it is in common usage or refers to a uncommon situation


Key points Timings of the prayer all assume average normal

day. Applying this, in extreme latitudes the connection with the Sun is no longer valid

References from many scholars e.g Imam Shaltoot are provided

Shariah has stated the general rule and has left the option for estimation in extreme locations based on hadith of Dajjal which applies to areas that have continuous days and nights


Key points Cont. However, the illa (legal basis) applies to areas of

extreme latitude as it refers to situations which are not normal

Fasting for more than 18 hour is beyond the norm, and health experts say that generally this can be harmful to people if extended over days and weeks.

Therefore it cannot be the basis of legal obligation (Takleef) as these are made for the majority


Key points cont.

The option to make up (Qada) at a later date will result in not fasting at all

Sticking with the timings will cause harm or hardship, will put into jeopardy his livelihood and his life. This violates the Maqasid

Nearest city is complicated Makka is referred to as the Mother of cities, and is

not only the qibla for all muslims but can serve as prayer times and fasting


4. Concept of Earth Day “Solely on the basis of istihsān, my suggestion is

…. that the fasting day be based on the “earth day” calculation. Based on our research, an average earth day equates to roughly 12 hours of sunlight, so given this average … a person in the northern or southern region, taking into consideration the normal commencement of the work day, etc., could start the fast at approximately 6:00am and end it at 6:00 pm.”

Dr. Ibn Yusuf Khaleel Al-Corentini


Breaks all link with sharia indicators Doesnt allow for any variation throughout the

seasons


based on ijtihad of modern scholarship

Towards a proposal


Criteria for any proposed solution Unity and community spirit of Islam must be

maintained Aims of Sharia must be achieved Must be within the framework of Usul al Fiqh Must aim to limit the exception as much as possible

i.e. only when required Must be inclusive of as many people/groups and

address issue of hardship


Proposed Model Link length of fast to Hijaz time Work backwards from Maghrib to close fast

e.g. for 21st June close at 6.29 am

Pray Fajr between 6.30-7.30

All other prayers linked with astronomical signs Open fast at Maghrib time as usual i.e. Sunset

Length of fast in Makka Sunset in London Closing time for Fast City

14:56 21:25 6.29 London


Benefits

Maintains unity and communal spirit Is within the framework of the Shariah Enables minimum amount of sleep to be attained,

and is in line with working patterns Apart from fajr all other prayers can be prayed in line

with astronomical indicators Enables vast majority of muslims to take part in

fasting Will not disrupt isha/taraweeh prayers, and will leave

enough time in the night to rest


Main Objections to this view

Praying Fajr after Sunrise Closing fast after Sunrise


Praying After Sunrise• Permitted in exceptional circumstances• Quranic verses suggest possibility of this (see later)• Prophet permitted this for health reasons: Hadith of

Safwaan bin Muattal• Does not go against 4:103 (prayer is obligatory

based on fixed times) as still linked to fixed time, not necessarily the Sun


Closing Fast After Sunrise• Exception is recognised in Sharia and accepted by

scholars based on Hadith of Dajjal (see later)• We must take into account the Quranic definition of

night i.e. a period of rest/sleep• Current timetables for summer months in UK are

already based on ijtihad and are not linked to astronomical indictors of Isha and Fajr


Case Study from Hadith Wife of Sahabi Safwaan bin Muattal complains to the

Prophet that he prays fajr after the sun has risen In response he replied that he belonged to a family

who were ‘heavy headed’ and only woke up after sunrise.

The prophet replied: whenever you arise, then pray Hadith is authentic


Key points Prophet affirmed general rule that Fajr is before

sunrise He took account of the personal circumstances of

the sahaba, and impact on his health and made an exception

Emphasises principle, that you start your day with Fajr

Note: important not to abuse rukhsas, genuine reasons excepted


Authenticity Hakim states: Hadith is Sahih based on conditions of

Bukhari and Muslim Abu Dawud 2459; Ahmed 3/80;Ibn Hibaan 1488; al

Hakim1/602; Fath al Bari 8/462 /طبعة الخانجي]، 143-2/142]، ومن طريقه الخطيب في «المسماء المبهمة» [2459أخرجه أبو داود [رقم/

]، وابن حبان 228- 227/ 2]، وأبو عوانة [80/3]، وولده في «زوائد المسند» [80/3وأحمد [/طبعة الرمسالة]، وأبو العباس السراج في 286/ 5]، والطحاوي في المشكل [602/1]، والحاكم [1488[رقم/

/طبعة إرشاد الحق]، والبزار في 423- 422/طبعة الفاروق]، وفي «مسنده» [ص/ 381/ 2«حديثه» []، وابن عساكر في تاريخه 8282]، والبيهقي في مسننه [رقم/462/8«مسنده» كما في «فتح الباري» [

]24/164-165 ] ،


Related Issues


Aims of Prayer and Fasting

Indeed, I am Allah. There is no deity except Me, so worship Me and establish prayer for My remembrance. Surah 20:14

O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun (the pious - see V.2:2).


Means to prayer Timings linked to Sun as a means to help establish

regular prayer. This is not the essence of the prayer/fasting In practice prayer times today are linked to clocks In extreme or anomalous situations, there is scope to

be flexible with the means Tayamum Qiblah directions


Custom and Habits Work patterns in pre industrial times linked to sunrise

and sunset Work patterns today linked to 9-5 across the globe Fiqh must take into account the realities of the

people to avoid haraj (unnecessary difficulty) The exception proves the rule, does not negate it


Definition of Night

And out of His mercy He has made for you the night and the day, that you may rest therein, and that you may seek of His grace, and that you may give thanks.(Surah 23:78)

And We made your sleep to be rest (to you) Surah 78:9

7-8 hours sleep required for average person In average latitudes period of rest coincides with sunset and sunrise This meaning of night must be borne in mind i.e. normal period of rest Note: Fiqh definition is not the same as astronomical definition See further


http://www.qasweb.org/articles/item.php?id=399

Hikmah of Timings of Prayer To remember God at regular intervals and

throughout the day (see Wali Allah Dehlvi) Praying all daylight prayers in a period of 4-5 hours

undermines this Fajr - start your day with remembrance of God.

Praying fajr in the early hours of the morning and then going back to sleep, undermines this

Habits and customs of Arabs taken into account e.g. seista


Prayer must be at fixed times

And when you have completed the prayer, remember Allah standing, sitting, or [lying] on your sides. But when you become secure, re-establish [regular] prayer. Indeed, prayer has been decreed upon the believers a decree of specified times. Surah 5:103


Key points to note You cannot pray at random times In average latitudes specified time is linked with the

‘movement’ of the Sun It is interesting to note that the verse says specified

time, and not movements of the Sun In extreme latitudes this must be fixed based on

Ijtihad and in practice is linked to the clock This will be in line with the command in the verse to

pray at specified times


Timings not absolute, relative to People

So glory be to Allah when ye enter the night and when ye enter the morning (Surah 31: 17)

So wait patiently (O Muhammad SAW) for the Decision of your Lord, for verily, you are under Our Eyes, and glorify the Praises of your Lord when you get up from sleep. (Surah 52:48)

Note: Tasbih denotes salah


Persistent Twilight In summer months indicators of Isha and Fajr are

absent above 48 degrees e.g. in UK May-Aug Timings for start of Fajr (closing time of Fast) based

on Ijtihad/calculations not on Sun e.g. Nisf Laayl 1 hour 20 mins before Sunrise (umm al Qura)

Technical approach ignores maqaasid, hardship, and impact on people e.g. for some months twilight disappears very late For detailed discussion on this specific issue

click here


Example of Persistent Twilight


Principle of Usul

Hardship requires easing the situation


Definition of Hardship Certain amount of hardship/difficulty is expected in

commands of Sharia Anything beyond the normal, which doesn’t affect

majority Affects mind body, work, daily life, productivity, activity

وتشتمل المشقة التي ل يطيقها المكلف أو المشقة التي يطيقها ولكنها خارجة على المعتاد الديني والدنيوي، أي المشقة التي فيها التكليف بالزائد عن المطلوب والمأمور به، والتي توقع صاحبها في الملل

.والسآمة، وتشوش ذهنه وتفوت عليه مصالحه ومنافعه في الدين والدنيا

Reference: Shatibi 426-ص425 ص2أنظر الموافقات للشاطبي ج .


IdentifyingHardship Does not include inconvenience or expected Hardship e.g. Hijrah

Distinguish between acts which are primary and those that are a means to a primary act

Exceptions are made for secondary acts easier than primary acts (Suyuti Alashbah wa alNazaair p175 Wudu in cold weather - tayamum permitted Prayer in Jamaat not required for one living in a village away from mosque Direction of Qibla in darkness Praying with hand signals: standing. Ruku, sujud Shah Wali Ulla 221ص1كتاب حجة ال البالغة للشيخ شاه ولي ال الدهلوي. ج .

Note: The exception does not invalidate the rule (Shatibi, Muwafaqaat)


Application of Principle لمشقة فى اللغة هى: الجهد والتعب، والمراد بالمشقة التى تكون سببا فى التيسير،

هى المشقة التى تنفك عنها التكليفات الشرعية، أما المشقة التى لتنفك عنها التكليفات الشرعية كمشقة الجهاد، وألم الحدود ورجم الزناة وقتل البغاة والمفسدين

.والجناة، فل أثر لها فى جلب تيسير ول تخفيف

والتيسير فى اللغة هو السهولة والليونة، والمعنى اللغوى هذا يفيد أن الصعوبة .والعناء تصبح سببا للتسهيل

والمعنى الشرعى للقاعدة اصطلحا: أن الحكام التى ينشأ عنها حرج على المكلف ومشقة فى نفسه أو ماله فالشريعة تخففها بما يقع تحت قدرة المكلف دون عسر أو

إحراج


Taking the Rukhsa Where the Shariah provides a dispensation it should

be taken The Prophet (pbuh) only chose the easier of two

alternatives so long as it did not amount to a sin. Allah loves to see that His concessions (Rukhsah) are

observed, just as He loves to see that His strict laws (azaim) are observed.


Estimating Prayer times Accepted by all scholars under certain conditions Based on Hadith of Dajjal

We asked how long will he stay on the Earth. He replied 40 days. A day like a year, a day like a month, a day like a week, and the rest of the days will be like your days. We asked: In the day that is like a year, will the prayers of one day suffice? He said : No, estimate its time.


Imam Nawawi أنه إذا مضى بعد طلوع الفجر قدر ما يكون بينه ( أقدروا له قدره )ومعنى وبين الظهر كل يوم فصلوا الظهر ثم إذا مضى بعده قدر ما يكون بينها وبين العصر فصلوا العصر، وإذا مضى بعد هذا قدر ما يكون بينها وبين المغرب فصلوا المغرب وكذا العشاء، والصبح، ثم الظهر، ثم العصر، ثم المغرب وهكذا حتى ينقضي ذلك اليوم وقد وقع فيه صلوات سنة فرائض كلها مؤداة

66/ 18في وقتها". (شرح النووي على صحيح مسلم ).


Issue of Fatigue More important than lack of food or length of day Impossible to gain even the minimum amount of

sleep required based on current timetables Mental and physical health risks (see NHS) Affects workers, professionals e.g mistakes,

productivity, damages relationships with employers Fiqh takes account of realities of Mukallaf’s situation


Summary Default position leads to harm, hardship and does

not achieve aims of Shariah In normal circumstances, Sun determines timings.

However, Shariah has allowed an exception to be made in extreme situations

The texts are silent on the issue of long days. This is a matter for Ijtihad

There is a growing body of scholarship that endorses this view


Quotes

“I worked with Muslims last summer and they didn't cope, they lost a lot of weight and they were always looking like they were going to pass out, made me so mad to see them that way”


“While most healthy Muslims are able to perform the fast without any major problems, as the month progresses the combination of lack of food and sleep can take its toll and a tired or grumpy Muslim colleague or school child can be found staring at the clock in the countdown to iftar time, when they can break their fast after sundown.”

BBC article


“if mohd is all knowing how come he did not know that the earth is round and spins round the sun? for him to come up with such a form of fasting he must believe that the world was flat.”


The Battle of Badr (March) was fought and won by the Muslims while they were fasting in the month of Ramadan. Egyptian troops fought while they were fasting in the 6th of October 1973's war and were victorious. This is proof that fasting does not restrict one's activity or ability to perform one’s duty. On the contrary it increases it with a charge of spiritual energy.

The lack of activity and decrease in productivity in some Muslim countries during the month of fasting, is not due to fasting but to other factors. People are in the habit of staying up all night and they are naturally exhausted on the following day and are unable to make the effort needed to work and they put the blame on fasting. Had fasting been the cause, they would have felt exhausted at the end of the day and not at the beginning of the day.


increase in Accidents[edit] In 1994, the Accident and Emergency Department of St Mary's Hospital in

London conducted a study to examine if accident and emergency attendances increased during Ramadan for Muslim patients. At the time, the department was treating 55,000 new patients every year:

The results are shown in Table 1. This demonstrates a significant rise in the number of Muslims attending during Ramadan compared to non-Muslims, with the proportion of Muslims rising from 3.63% of total attendances in the periods before and after Ramadan to 5.11% during Ramadan (P=0.0024). The rise in non accident-related attendances among Muslims was also significant when compared to non-Muslims (P=0.027) [...][25]

An increase in road traffic accidents in the United Arab Emirates during Ramadan was reported.[26] Taking this into consideration, you would expect Emergency Services in Muslim majority nations to work twice as hard during this period. Unfortunately, this is not the case.
