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.

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
"‫أفطر‬ ‫فقد‬ ‫الشمس‬ ‫وغربت‬ ‫ههنا‬ ‫من‬ ‫النهار‬ ‫وأدبر‬ ،‫ههنا‬ ‫من‬ ‫الليل‬ ‫أقبل‬ ‫إذا‬
‫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.
 ) ‫البخاري‬ ‫صحيح‬ .‫عليه‬ ‫متفق‬2/240) ‫ومسلم‬ ،‫له‬ ‫واللفظ‬ (3/132‫عمر‬ ‫ابن‬ ‫عن‬ ‫وكلهما‬ (

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

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)

Basis of Exception (Rukhsa)
1. Analogy with one who is Ill or travelling, See 2:187 above
‫على‬ ‫أو‬ ‫ا‬ً ‫أ‬‫ض‬َ‫ا‬ ‫مري‬َ‫ا‬ ‫ن‬َ‫ا‬ ‫كا‬ ‫ن‬ْ ‫ك‬ ‫م‬َ‫ا‬ ‫و‬َ‫ا‬ ‫ه‬ُ ‫و‬ ‫م‬ْ ‫ك‬ ‫ص‬ُ ‫و‬ ‫ي‬َ‫ا‬‫ل‬ْ ‫ك‬‫ف‬َ‫ا‬ ‫ر‬َ‫ا‬ ‫ه‬ْ ‫ك‬ ‫الش‬ ‫م‬ُ ‫و‬‫ك‬ُ ‫و‬‫ن‬ْ ‫ك‬‫م‬ِ‫ن‬ ‫د‬َ‫ا‬‫ه‬ِ‫ن‬ ‫عش‬َ‫ا‬ ‫ن‬ْ ‫ك‬ ‫فم‬َ‫ا‬
"‫ر‬َ‫ا‬ ‫خ‬َ‫ا‬ ‫أ‬ُ ‫و‬ ‫يام‬ّ‫ا‬‫أ‬ ‫ن‬ْ ‫ك‬ ‫م‬ ‫ة‬ٌ ‫نم‬‫د‬َّ‫ة‬‫ع‬ِ‫ن‬ ‫ف‬َ‫ا‬ ‫ر‬ٍ ‫ف‬ ‫ف‬َ‫ا‬‫س‬َ‫ا‬
2. God does not burden a soul greater than its capacity to bear
‫ها‬َ‫ا‬ ‫ع‬َ‫ا‬ ‫س‬ْ ‫ك‬ ‫و‬ُ ‫و‬ ‫إال‬ ‫ا‬ً ‫أ‬‫س‬َ‫ا‬ ‫ف‬ْ ‫ك‬ ‫ن‬َ‫ا‬ ‫ل‬ُ ‫و‬ ‫ا‬ ‫ف‬ُ ‫و‬ ‫ل‬ِّ‫ف‬‫ك‬َ‫ا‬ ‫ي‬ُ ‫و‬ ‫ال‬
3. God has not placed in difficulties for you in your religion

2. European Fatwa Council ‫رقم‬ ‫قرار‬7/20
 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

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
 : ‫ص‬ ‫الزرقا‬ ‫للشيخ‬ ‫النبوي‬ ‫الحديث‬ ‫فهم‬ ‫في‬ ‫والفقه‬ ‫العقل‬ ‫كتاب‬124‫طبعة‬
‫القلم‬ ‫دار‬1996‫م‬

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:
 ‫الشرعية‬ ‫للعلامات‬ ‫الفاقدة‬ ‫المناطق‬ ‫في‬ ‫والعشاء‬ ‫الفجر‬ ‫“امواقيت‬

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
 /‫]رقم‬ ‫داود‬ ‫أبو‬ ‫أخرجه‬2459] «‫المبهمة‬ ‫»المسماء‬ ‫في‬ ‫الخطيب‬ ‫طريقه‬ ‫ومن‬ ،[2/142-143،[‫الخانجي‬ ‫/طبعة‬
] ‫وأحمد‬80/3] «‫المسند‬ ‫»زوائد‬ ‫في‬ ‫وولده‬ ،[80/3] ‫عوانة‬ ‫وأبو‬ ،[2/227-228‫حبان‬ ‫وابن‬ ،[
/‫]رقم‬1488] ‫والحاكم‬ ،[602/1] ‫المشكل‬ ‫في‬ ‫والطحاوي‬ ،[5/286‫في‬ ‫السراج‬ ‫العباس‬ ‫وأبو‬ ،[‫الرمسالة‬ ‫/طبعة‬
] «‫»حديثه‬2/381/‫]ص‬ «‫»مسنده‬ ‫وفي‬ ،[‫الفاروق‬ ‫/طبعة‬422-423‫في‬ ‫والبزار‬ ،[‫الحق‬ ‫إرشاد‬ ‫/طبعة‬
] «‫الباري‬ ‫»فتح‬ ‫في‬ ‫كما‬ «‫»مسنده‬462/8/‫]رقم‬ ‫مسننه‬ ‫في‬ ‫والبيهقي‬ ،[8282‫تاريخه‬ ‫في‬ ‫عساكر‬ ‫وابن‬ ،[
]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

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
 ‫الديني‬ ‫المعتاد‬ ‫على‬ ‫خارجة‬ ‫ولكنها‬ ‫يطيقها‬ ‫التي‬ ‫المشقة‬ ‫أو‬ ‫المكلف‬ ‫يطيقها‬ ‫ل‬ ‫التي‬ ‫المشقة‬ ‫وتشتمل‬
‫الملل‬ ‫في‬ ‫صاحبها‬ ‫توقع‬ ‫والتي‬ ،‫به‬ ‫والمأمور‬ ‫المطلوب‬ ‫عن‬ ‫بالزائد‬ ‫التكليف‬ ‫فيها‬ ‫التي‬ ‫المشقة‬ ‫أي‬ ،‫والدنيوي‬
‫والدنيا‬ ‫الدين‬ ‫في‬ ‫ومنافعه‬ ‫مصالحه‬ ‫عليه‬ ‫وتفوت‬ ‫ذهنه‬ ‫وتشوش‬ ،‫.والسآمة‬

 Reference: Shatibi ‫ج‬ ‫للشاطبي‬ ‫الموافقات‬ ‫أنظر‬2‫ص‬425‫-ص‬426 .

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 ‫ج‬ .‫الدهلوي‬ ‫ال‬ ‫ولي‬ ‫شاه‬ ‫للشيخ‬ ‫البالغة‬ ‫ال‬ ‫حجة‬ ‫كتاب‬1‫ص‬221 .
Note: The exception does not invalidate the rule (Shatibi, Muwafaqaat)

Application of Principle
 ،‫التيسير‬ ‫فى‬ ‫سببا‬ ‫تكون‬ ‫التى‬ ‫بالمشقة‬ ‫والمراد‬ ،‫والتعب‬ ‫الجهد‬ :‫هى‬ ‫اللغة‬ ‫فى‬ ‫لمشقة‬
‫عنها‬ ‫لتنفك‬ ‫التى‬ ‫المشقة‬ ‫أما‬ ،‫الشرعية‬ ‫التكليفات‬ ‫عنها‬ ‫تنفك‬ ‫التى‬ ‫المشقة‬ ‫هى‬
‫والمفسدين‬ ‫البغاة‬ ‫وقتل‬ ‫الزناة‬ ‫ورجم‬ ‫الحدود‬ ‫وألم‬ ،‫الجهاد‬ ‫كمشقة‬ ‫الشرعية‬ ‫التكليفات‬
‫تخفيف‬ ‫ول‬ ‫تيسير‬ ‫جلب‬ ‫فى‬ ‫لها‬ ‫أثر‬ ‫فل‬ ،‫.والجناة‬
 ‫الصعوبة‬ ‫أن‬ ‫يفيد‬ ‫هذا‬ ‫اللغوى‬ ‫والمعنى‬ ،‫والليونة‬ ‫السهولة‬ ‫هو‬ ‫اللغة‬ ‫فى‬ ‫والتيسير‬
‫للتسهيل‬ ‫سببا‬ ‫تصبح‬ ‫.والعناء‬
‫المكلف‬ ‫على‬ ‫حرج‬ ‫عنها‬ ‫ينشأ‬ ‫التى‬ ‫الحكام‬ ‫أن‬ :‫اصطلحا‬ ‫للقاعدة‬ ‫الشرعى‬ ‫والمعنى‬
‫أو‬ ‫عسر‬ ‫دون‬ ‫المكلف‬ ‫قدرة‬ ‫تحت‬ ‫يقع‬ ‫بما‬ ‫تخففها‬ ‫فالشريعة‬ ‫ماله‬ ‫أو‬ ‫نفسه‬ ‫فى‬ ‫ومشقة‬
‫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
 ‫ومعنى‬( ‫قدره‬ ‫له‬ ‫أقدروا‬ )‫بينه‬ ‫يكون‬ ‫ما‬ ‫قدر‬ ‫الفجر‬ ‫طلوع‬ ‫بعد‬ ‫مضى‬ ‫إذا‬ ‫أنه‬
‫وبين‬ ‫بينها‬ ‫يكون‬ ‫ما‬ ‫قدر‬ ‫بعده‬ ‫مضى‬ ‫إذا‬ ‫ثم‬ ‫الظهر‬ ‫فصلوا‬ ‫يوم‬ ‫كل‬ ‫الظهر‬ ‫وبين‬
‫المغرب‬ ‫وبين‬ ‫بينها‬ ‫يكون‬ ‫ما‬ ‫قدر‬ ‫هذا‬ ‫بعد‬ ‫مضى‬ ‫وإذا‬ ،‫العصر‬ ‫فصلوا‬ ‫العصر‬
‫المغرب‬ ‫ثم‬ ،‫العصر‬ ‫ثم‬ ،‫الظهر‬ ‫ثم‬ ،‫والصبح‬ ،‫العشاء‬ ‫وكذا‬ ‫المغرب‬ ‫فصلوا‬
‫مؤداة‬ ‫كلها‬ ‫فرائض‬ ‫سنة‬ ‫صلوات‬ ‫فيه‬ ‫وقع‬ ‫وقد‬ ‫اليوم‬ ‫ذلك‬ ‫ينقضي‬ ‫حتى‬ ‫وهكذا‬
‫مسلم‬ ‫صحيح‬ ‫على‬ ‫النووي‬ ‫)شرح‬ ."‫وقتها‬ ‫في‬18/66 ).

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.

Fiqh of Long Fasts Ramadan

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Notes de l'éditeur