Al-Qaddumi’s Elementary Primer in Hanbali Fiqh

Qaddumi's Hanbali Primer

 

 

AlQaddūmī’s primer is summarized from the foundational Ḥanbalī text known as Dalīl al-Ṭālib of al-ʿAllāma Marʿi  Ibn Yusuf al-Karmi al-Ḥanbali (d.1033h). This text, written in the form of questions and answers, details the topics of Ṭahāra, Ṣalāt, Ṣawm, Ẓakāt, and Ḥajj.

Its simple approach allows a beginner to grasp the fundamental issues of Fiqh. The easily approachable layout helps to build a foundation for further study in the Madhhab. This translation is presented  side by side, with the original Arabic text on the left, and the translation on the right.

The E-book has been released (for $7.99), and the Audio book and Print editions will follow shortly, please visit the Hanbali Fiqh site.

 

20 Questions on Eid al-Fitr

Eid

20 Questions on Eid al-Fitr

1.    So what is Eid?
Eid is a recurrent event, celebrated for its significance and Importance. In that sense, it can be called a holiday. Any day which is commemorated and specifically celebrated on a reoccurring basis is considered an Eid.

2.    And what is al-Fitr?
Al-Fitr means to break the fast, and Eid al-Fitr is a celebration of breaking the fast of Ramadan. It is a celebration of abundance after scarcity. Muslims having abstained from worldly pleasures now continue the praise of God and indulge in the blessing he sustained them with. Muslims give thanks to God for the ability to fast the month of Ramadan, the blessings of abundance, and the strength to be able to carry on in the worship of God.

3.    Who has to pray it?
Everyone should come out to the Eid gathering, and everyone should pray except a person who is ritually prevented from doing so. Even that person (who is unable to pray) should still attend, make Dua, and share in the blessings of the day, but they shouldn’t approach the area the people pray on.
In a hadith narrated by al-Bukhari and Muslim, The Messenger of God said: “Let the women, the youing girls, and the menstruating women attend the Eid prayer, and witness the good and the supplications of the believers. As for the menstruating women, they should stay away from the Musallah (i.e.. should not participate in the prayer itself).”

4.    What day do we Pray Eid al-Fitr on?
Eid al-Fitr is prayed on the day immediately after Ramadan. If there is something that prevents the community from praying it on that day (such as rain, snow, a natural disaster, public danger, etc) then it is acceptable to pray it the day after.

5.    What if Eid prayer falls on a Friday?
If the Eid falls on a Friday, it is optional to attend Jumu’ah. Abu Hurayrah reported that when this happened once, the Messenger of God said: “Two Eids have coincided on this day of yours; thus whoever wishes, is exempted from attending the Jumu’ah prayer. Yet, we shall hold it.” Friday is the Eid of the week, so when an annual Eid and the weekly Eid are on the same day, you have the option to pray Jumuah (the weekly Eid).

6.    Waking up in the morning, what should I do before going to prayer?
It’s important to:
(a)    Bathe and observe general standards of hygiene before going out to pray Eid.
(b)    Wear clean presentable clothes which are decent and befitting of the day.
(c)    Make sure your Zakat al-Fitr is paid.
(d)    It is Sunnah to eat something before you go out to pray, to show you are not fasting.
(e)    To arrive early to the prayer location.

7.    Are there special Eid clothes? What should or shouldn’t I wear?
There are no special Eid clothes other than the nice, presentable clothes you choose for yourself. It is not obligatory or recommended to wear thobes, shalwar Kamees, Turbans, Kufis, or in general “Eastern dress.” You can, but you should wear clothes that are acceptable in your culture, are not flamboyant, and are clean and presentable. Women should not go out in makeup and flashy clothes, should wear Hijab and should observe the confines of modesty normal to a Muslim woman’s apparel at all times.

8.    What time should Eid al-Fitr be performed at?
While Eid can be prayed anytime after the sunrise above the horizon until noon, it is better to pray Eid al-fitr a little later, so as to allow people time to pay Zakat al-Fitr.

9.    Where should it be prayed?
Eid prayer should be prayed in a public place, somewhere where the general public can see the Muslims and their numbers, and hear them praising God’s name.

10.    O Snap! Our community prayed Eid al-Fitr in the Masjid, is that ok?
Yes, it is OK to pray Eid in the Masjid, but it is better and closer to the Sunnah to pray in a park or publically accessible place. While the Sunnah of the Messenger of God was to pray in a Musalla on the outskirts of the city, when the cities expanded and it became difficult for the weak and elderly to leave Ali b. Abi Talib placed people in the Masaajid to lead them in Eid prayer.

11.    When I get to the Eid prayer location, what do I do when I get there?
You should:
(a)    Sit and wait for the prayer to begin.
(b)    You should not pray any prayer before the Eid prayer when you get there, nor any prayer after.
(c)    It is OK to see friends and greet them,
(d)    but it is better to sit and partake in the Takbeer.

12.    Ok, So how do I make Takbeer?
The best thing you can say is:

Allāhu Akbar, Allāhu Akbar, Allāhu Akbar.
Lā ilāha illà l-Lāh wal-Lāhu akbar, Allahu akbar walil-Lāhi l-ḥamd

Other phrases are OK to say as well, as long as they praise Allah and send blessings on the Prophet and the righteous. Anything which is excessively long and unable to follow must be avoided.

13.    Ok so I’m here, takbeering and stuff, so what should happen now?
Wait patiently for the Imam to come out for the Prayer. He will generally come out and the takbeer will fade, so pay attention to when he comes out so that you can hear instructions to pray.

14.    How is Eid prayer prayed?
Eid prayer is prayed in two Rakah just like Jumuah prayer. There are a few differences however. (a) there is no Adhan or Iqamah before it, (b) there is no Sunnah prayer before or after, (c) in the First Rakah, you make Takbir to start prayer, then follow the Imam with (7) seven extra takbirs – that’s (8) eight in total before al-Fatihah, (d) in the 2nd Rakah, (5) five extra takbirs are made after the takbir for rising from Sujood,

15.    I got to the prayer RIGHT when the Imam was sitting, what do I do!?
Join the prayer and complete it just as you would any other prayer. You’ve made it and finished your Eid prayer.

16.    Eid Prayers done, what now?
Immediately after the prayer, the Imam will stand to give a sermon (Khutbah). You should sit attentively and listen to this Khutbah. Even though the sermon is not obligatory (meaning if you have to go you can), you should still sit and listen to it. Don’t stand up and start Eid-Mubaraking everyone around you, disturbing the people that do want to listen to the Khutbah. If you must talk, move away from the Musalla so you don’t cause a disturbance to the Imam and those sitting.

17.    What should the Khutbah contain?
The Khutbah should contain the Praise of God, prayers for the Prophet and the righteous, and a reminder to be worshipful of God. Anything else relevant to the faith of the community is OK as well.
18.    I got to the Eid prayer when the Imam was making Khutbah, I missed the prayer so what do I do?
You should sit and listen to the Khutbah. When it is finished, you can stand as a group and pray the Eid prayer with those that were late as well. Even if you wake up late in your home and absolutely not make it to the Musalla, you can gather your family and pray in the house.
19.    Is it OK to say “Eid Mubarak”, “buhat buhat eid Mubarak”, “Kullu 3am wa anto bi kheir”, “Happy Eid”, or similar phrases?
It is acceptable to say these phrases as well as others, such as the phrase “TaqabbalAllahu mina wa minkum,” (May God accept from us all). Greetings and congratulations of this sort are acceptable customs. Customs, as long as they do not contradict known prohibitions or contain any harm then they are acceptable according to all scholars of Islam.
20. So what do I do the rest of the day?
Have fun! The day of Eid is a day for gratitude, remembrance, and celebration. On the day of Eid, one of the companions wanted to forbid two little girls from singing. The Prophet ordered him to leave them and said “Every people have a festive time, and this is our festive time (Eid).” So take some time off, give gifts, go out to a park, visit friends and family, and enjoy your time on Eid day!

Don’t see what you’re looking for here? Try <a title=”Zakat – Essential Information” href=”http://www.joebradford.net/zakat-essential-information/”>our Zakat page for more information</a>.

20 Questions on Zakat: A quick and easy guide to understanding Zakat

zakat

 

Want to learn more? Sign up for our Zakat seminar in June!

Featured in Sharia Portfolio‘s Newsletter, these are 20 Questions on Zakat which I wrote as a quick and easy guide to understanding Zakat.

Enjoy :)

 

=====================================

1. Who has to pay Zakat?
Zakat is due on the wealth of any Muslim, young or old, male or female, that is held in savings for one calendar year and is more than the Nisab.
Example: If both you and your children have separate savings of 1000 dollars or more for one year, you must pay the Zakat on both accounts, not just yours. $25 for your savings, and $25 for your childs.

2. What forms of wealth are liable for Zakat?
The following are liable for Zakat: Read more

Do I have to pay Zakat on my stocks and shares?

zakat on stocks

Do I have to pay Zakat on my stocks and shares?

Answer:

If you own stock in a company (or shares as they are called) then to determine their liability for Zakat you should look at the investment strategy you are using.

  • If you are using them for a long term investment (something you plan to hold for a year or more) then you will pay Zakat on the dividends distributed by those stocks (shares) when paid, if they are more than Nisab.
  • If you are an active trader, or have an active portfolio in a mutual fund, then you will pay Zakat yearly on the market value of the stock (share) or the portfolio, as well as the dividends.
  • If you sell these stocks (shares) during the year, you will add the amount received from sale to your liquid assets and pay Zakat according to general rules of Zakat.

This is the method prescribed the Fiqh Academy of the OIC and is generally prescribed by most scholars who are specialists in the field.

Don’t see what you’re looking for here? Try our Zakat page for more information.

Zakat on Pension and Retirement Plans

pension and retirement plansYou may not have a 401k plan or an IRA, but instead a more traditional pension. If this is the case, you are not alone, and like many other people are asking yourself:

Do I have to pay Zakat on my pension or retirement plans?

The answer:

Investopedia defines a pension plan as:

A type of retirement plan, usually tax exempt, wherein an employer makes contributions toward a pool of funds set aside for an employee’s future benefit. The pool of funds is then invested on the employee’s behalf, allowing the employee to receive benefits upon retirement. Read more

Zakat on Gold and Silver Jewelry

بسم الله الرحمن الرحيم Najam asks:

Does one pay zakat on gold that is worn by a woman regularly? I know we pay zakat for gold/silver that is locked up in a bank or something.

There are three popular opinions about paying Zakat on Jewelry. One that states it is never paid, another that differentiates between that worn for adornment versus that held for value, and the third that states any jewelry is liable for Zakat as long as it reaches Nisab. The more correct of these three opinions is the third, that Zakat is always paid without exception on any gold or silver that is in possession for  one year or more. This is due to the generality of the hadith of Abu Hurairah found Sahih Muslim:

«مَا مِنْ صَاحِبِ ذَهَبٍ وَلَا فِضَّةٍ، لَا يُؤَدِّي مِنْهَا حَقَّهَا، إِلَّا إِذَا كَانَ يَوْمُ الْقِيَامَةِ، صُفِّحَتْ لَهُ صَفَائِحُ مِنْ نَارٍ، فَأُحْمِيَ عَلَيْهَا فِي نَارِ جَهَنَّمَ، فَيُكْوَى بِهَا جَنْبُهُ وَجَبِينُهُ وَظَهْرُهُ، كُلَّمَا بَرَدَتْ أُعِيدَتْ لَهُ، فِي يَوْمٍ كَانَ مِقْدَارُهُ خَمْسِينَ أَلْفَ سَنَةٍ، حَتَّى يُقْضَى بَيْنَ الْعِبَادِ، فَيَرَى سَبِيلَهُ، إِمَّا إِلَى الْجَنَّةِ، وَإِمَّا إِلَى النَّارِ»

Never does one who possesses gold or silver not pay the due on them, except that on the Day of Judgment it will be rendered into bars and heated in the fires of Hell, and will be scorch the sides, forehead and back of the person who owned it, every time it cools it will be reheated and reapplied, on a day the length of fifty thousand years, until God judges between the slaves, either to Paradise or to the Hellfire.

The generality of this categorical and authentic hadith indicates that every piece of gold and silver has a right over it. We know these rights to be specified by the Sunnah, namely that it should reach Nisab and be in possession for a year or more. So what about the other two opinions? Well the first that no Zakat is due every would need specific evidence to exempt all jewelry, for which there is none. The second opinion introduces a ruling (namely to differentiate between two types of jewelry) which also obliges us to find a specific evidence to make that differentiation. Additionally, there are several hadith narrated in Abu Dawud and other collections that specifically oblige Zakat on jewelry. These hadith are the subject of debate amongst scholars, and their authenticity is challenged, but it seems that together they reach the level of being acceptable. As for hadith that negate Zakat from jewelry in toto, such as “There is no Zakat on jewelry” then as Ibn Hajr al-Asqalani stated it is “False and baseless.” Let’s take a minute to analyze this second opinion practically. How much jewelry might the average women wear? Maybe a gold chain or two? A gold pendant or two? 3-4 rings? 3-4 sets of earrings? 3-4 Gold bangles? Many women with a modest amount of personal jewelry would not end up paying Zakat due to it being below the Nisab. We can suppose most women have a mixture of different karats, pieces, etcetera which would take the amount below the Nisab. To remain on the safe side, any jewelry owned should be weighed to know if the Nisab has been reached. For women that own large amounts of Gold jewelry, then it is improbable that they wear it even once a year, and thus even according to the second opinion they would pay Zakat on it. The issue that we run in to here is the subjectivity of what is worn and what is not, in addition to the lack of clear textual evidence to say that gold or silver worn is any different than that which is stored. In the hadith of Umm Salamah in Abu Dawud, the Prophet said “That which is enough to be liable for Zakat, and Zakat was paid on it, then it is not a hoarded treasure.” When he saw Aishah wearing silver he asked her “Did you pay Zakat on it?” When she replied in the negative he said “It is more than enough of the hellfire for you.” The unequivocal nature of the hadith from Sahih Muslim above indicates that Zakat is due on all gold and silver without exception. Until we have a specific evidence to specify, the general ruling remains applicable. When researching these issues, we must remember what Allah says to his Prophet:

فلا وربك لا يؤمنون حتى يحكموك فيما شجر بينهم ثم لا يجدوا في أنفسهم حرجاً مما قضيت ويسلموا تسليماً

No, by their Lord, they do not believe until they return to you for a verdict in everything they differ on, then they find no hardship in their hearts towards your decision, and they submit fully.

May Allah bless us to give precedence to what he gave precedence to, and to submit fully without disdain. Ameen.

Don’t see what you’re looking for here? Try our Zakat page for more information.

Do I pay Zakat on 401k and IRA? Is it 2.5% or 10%? (updated with new info about Roth IRA)

M Babu asks:

As Salamualikum. Ramadan ul Mubarak. I need to understand zakat on retirement funds contributed by both employer and employee. As a teacher, I have a TIAA-CREF retirement account where I contribute and my employer contributes a matching percentage of the salary. All my investment is in stocks since other options are interest bearing.  I can not receive the cash until it vest when I reach retirement age. Do I have to pay zakat on the amount of this retirement fund that has been accumulated?

Another Questioner asks:

I am looking for clarification on rules for zakat on stocks and zakat on 401K.

1) Below excerpt from _____ fund web page says zakat of 10% is due on INCREASE of asset and not on the base asset. I was under the impression zakath is due on the whole capital.  I want to do the right thing. What is the correct basis?

2) The 401K is a fund that is joint contribution by employer and me. It is not yet tapped into as I have not retired. Although I could take withdrawal from it as I am over 59.5 yrs. Is zakth due on 401K (these are in stock fund).

 

Answer:

Retirement funds and similar are something many people ask about it.

Let’s look at the issues at hand above based on the two questions presented:

1-      How much Zakat is paid on business partnerships and investments?

2-      Is my retirement account (such as 401k, IRA, or similar) liable for Zakat?

If you are looking for more information on how to pay Zakat on Mutual Funds and Stocks/shares NOT part of your retirement fund, click on the previous link.

How much Zakat is paid on business partnerships and investments?

Business partnerships and investments are due 2.5% when paying Zakat on them. Mutual Funds, which invest in a portfolio of stocks (shares) are business partnerships and are treated as such when calculating profits and zakat. To make them analogous to agricultural projects is incorrect for several reasons most of which cannot be mentioned in a single post. Those interested can look for module five of my Zakat course entitled “Advance Topics in Zakat Law.”

Is my retirement account (such as 401k or Traditional IRA) liable for Zakat?

Modern scholars differed as to when to pay zakat on retirement accounts such as 401k, Traditional IRA’S,  and other similar investment vehicles wherein a person does not actively have control over and cannot access without penalty the funds therein until a threshold or time period is met.

Perhaps the more correct of these 2 opinions is that Zakat is not due on your retirement account (401k, IRA, or similar) until it is time to cash out without penalty.

  • If the conditions of that account state that after a person reaches a certain age (say 55 or older) then he or she may withdraw without penalty then Zakat is paid on that amount when you reach that age. Each subsequent year, if Nisaab still exists in the account, you would pay on that account.
  • If you cannot access the funds in that account, or you are penalized for early withdrawal, then you are not liable to pay Zakat on that account.
    • Zakat is only due on unhindered, fully accessible wealth which is actively managed by the investor.
    • Any wealth which is lost, inaccessible, held in an illiquid state, or cannot be accessed freely without penalty is not liable for Zakat.
  • If the wealth in the retirement fund is designated for the employee then he must pay 2.5 percent of that amount only when he cashes out without penalty at the time those funds are made available to him.
  • If he or she chooses to cash out early and pay the penalty then they must still pay Zakat on the amount withdrawn immediately at the time of availability regardless of the matching funds contributed by his employer or not.
  • If he is not allowed to cash out, but instead is forced to take a loan from the 401k fund and pay it back with interest, then he or she will not pay Zakat on this amount until it remains in possession for one year after receiving it from the 401k fund.
  • You pay 2.5% on the amount available to you at the time the money is made available to you without penalty. You do not compound 2.5% for the entire tenure of the investment; you only pay 2.5% for one year on the amount made available at cashout without penalty.

What about Roth IRAs? Do the same rules apply? (Added 7/28/2013)

Roth IRAs function differently than 401ks and traditional IRAs. Contributions to a Roth are taxed, and thus the capital therein can be withdrawn tax-free and penalty free. Earnings however are subject to two conditions: funds must have been in the account for five years, and you must be 59 and half years old to withdraw.

That said, because contributions to the Roth fund are liquid and penalty free, you must pay Zakat on the total amount of contributions. Add your total Roth amount minus earnings lesser than 5 years as a line item to your Zakat calculation and pay 2.5% on that amount. Easier still would be to add the entire value of the Roth as a line item, and consider the extra paid on earnings as a pre-payment of Zakat on those funds.

Which ever you choose, remember that regulations and tax implications for IRA accounts are detailed. My advice is that you talk to a an advisor versed in tax law as well as Islamic financial ethics before making a decision to make a withdrawal. If you need confidential advice on how to calculate and pay your Zakat, please contact me through this site.

What about ESA (Education Savings Accounts) and similar?

Look forward to a new article on the topic of educational savings funds coming soon.

Don’t see what you’re looking for here? Try our Zakat page for more information.