Part 47

+ As for how the booty should be divided, the ruler (or the one in authority)

is to dedicate one-fifth of the booty to Allah and His Messenger (PBUH), ie. to be allocated to the relatives of the Messenger (PBUH), the orphans, the poor, the needy, and the wayfarers. Then the ruler is to divide the remaining four-fifths among the Muslim fighters; one share among the infantry and the remaining three shares among the cavalry; each cavalry soldier receives a share for himself and two more shares for having a horse. It was related by Al-Bukhari and Muslim that when Allah’s Messenger (PBUH) divided the booty of the Battle of Khaybar, he granted each cavalry soldier three shares; two for his horse and one for himself".

+ The spoils of war can be divided by the representative of the ruler on

» It is prohibited to embezzle a part of the war booty before its distribution;

“It is not [attributable] to any prophet that he would act unfaithfully [in regard to war booty], And whoever betrays [taking unlawfully] will come with what he took on the Day of Resurrection...” (Qur'an: Alu ‘Imran: 161)

+ It is obligatory for the ruler (or the one in authority) to mete out

discretionary punishment to whoever embezzles part of the war booty before its distribution as a means of deterrence to him and his likes.

+ If the spoils are estates, the ruler has the right to choose whether to divide

them among the fighters or to declare them wagfs (legal endowments) for the benefit of all Muslims, getting a regular khardj (land tax) from their new Muslim owners,

+ The property left by the disbelievers when terrified by Muslims, the

property of an heirless person, and a fifth of one-fifth of the whole booty (the share of Allah's Messenger) are considered fay’ (spoils gained without fighting or war) allocated for the benefit of Muslims.

+ It is permissible for the ruler to agree to a truce with the disbelievers to stop fighting for a specific period if this serves the interests of Muslims, and only when it is permissible to delay jihad due to the weakness of Muslims. The Prophet (PBUH) agreed to a peace treaty with the disbelievers (of Mecca) at Al-Hudaybiyah Peace Treaty," and made a peace treaty with the Jews in Medina. However, it is impermissible for the ruler to agree to a truce with the disbelievers when Muslims are strong and able to fight.

«Ifthe ruler fears that the disbelievers may breach the truce, he is permitted to terminate the truce, provided that he informs them thereof before fighting. Allah, Exalted be He, says:

“If you [have reason to] fear from a people betrayal, throw [their treaty] back to them, [putting you] on equal terms. Indeed, Allah does not like traitors.” (Qur'an: Al-Anfal: 58)

Thus, Allah commanded the Prophet (PBUH) to inform the disbelievers of his termination of the truce.

+ It is permissible for the ruler to agree to a covenant of protection with the People of the Scripture (i.e. the Christians and the Jews) and the Magi, granting them freedom of religion, provided that they give the jizyah'’ and adhere to the Islamic laws. Allah, Exalted be He, says:

“Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth [i.e. Islam] from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.”

The money taken from the Dhimmis * once a year as jizyah, while they are humbled, is to allow them to stay in an Islamic state (without fighting them).

+ The jizyah is not to be taken from a child, a woman, or an insane person, nor is it to be taken from a man infected with a chronic disease, a blind man, an old man, or a needy who cannot afford it.

+ So long as the Dhimmis give the jizyah, it is obligatory for the ruler to accept it, not to fight them, and to defend them against attackers. Allah, Exalted be He, says:

Thus, Allah has made their payment of jizyah a reason for not fighting them, The Prophet (PBUH) also said:

“Ask them for jizyah and if they agree, then accept it from them and stop fighting them.”

+ It is permissible for the ruler to grant a disbelieving individual protec-

tion even from Muslims as long as he causes no harm to Muslims, for Allah, Exalted be He, says:

“And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah [i.e. the Quran]. Then deliver him to his place of safety...”

It is also permissible for a ruler to grant protection to all or some disbelievers since he has authority over all people living in the Islamic country under his rule. This authority is not given to anyone of the Muslim subjects except with the permission of the ruler himself. However, it is permissible for a Muslim governor of a district to grant protection to disbelievers living in a neighboring district.

1 See: Ahmad (12186) [3/124], Aba Dawéid (2504) [3/18], An-Nasa’i (3192) [3/358], and Al-Hakim (2472) [2/81].

9 Al-Bukhari (3004) [6/169], Muslim (6451) [8/320], and Al-Tirmidhi (1675) [4/191].

11 ‘Abdur-Razzaq in his “Musannaf” (9689) [5/302], Al-Bayhaqi (17954) [9/86] and

14 Jizyah: A tribute or a tax required of non-Muslims living in an Islamic state exempting them from military service and entitling them to the protection of the Islamic state. Concurrently, Zakah is not taken from them, being an obligation only upon Muslims.

15 Dhimmi: A non-Muslim living in and under the protection of an Islamic state.

NOTE: For easier search for the terms beginning with “Al-” “Ar-” “Ad-” “As-” etc. omit them, as they are in Arabic, equivalents to the article “the”. For example, a term like As-Safa will be found under letter “S”, and Al-Wasilah under letter “W”.

The Medinian Helpers; the inhabitants of Medina who had accepted Islam and supported the Prophet (PBUH) and all the Muhdjirtin (the Emigrants) upon their arrival at the Medina.

Verse No. 255 of the surah of Al-Bagarah (the Cow); Chapter No. 2 of the Qur’in.

‘Awraht refers to the private parts or parts of the body which are illegal to expose to others; a male's ‘awrah is from the navel to the knees whereas in another view it is said to be the external organs of sex and excretion. As for a female's ‘awrah, it includes all her body in one view whereas in another it is all her body with the exception of her face and hands. B Saying, “Bismillahir-Rahmanir-Rahim” i.e. “In the Name of Allah, the Entirely Merciful, the Especially Merciful.” A valley between Muzdalifah and Mina. A matter innovated in religion. A veil covering the face and has two holes for the eyes to permit vision. C A religious duty which if sufficiently fulfilled by some Muslims, the rest will not be accountable for it as an obligation, and it becomes an act of the Sunnah for them.

The eleventh, the twelfth, and the thirteenth of Dhul-Hijjah, i.e. the three days following the Day of Sacrifice.

A free non-Muslim living in and under the protection of a Muslim state. An old Arab coin that equals 2.975 grams of gold. A dirham of silver equals 2.975 grams of silver.

A scholar of Islamic Jurisprudence. A legal opinion issued by a mufti [a Muslim scholar specialized in issuing legal rulings} in response to a question on a point of the

and Ibn Majah. They are Imams Abd Hanifah, Imam Malik, Imam Ash-Shafi'i, and Imam Ahmad.

They are Al-Bukhari, Muslim, Ahmad, Abd Dawid, Al-Tirmidhi, An-Nasi@’i, and Ibn Majah,

It is a hadith whose chain of transmission is linked to the narration of an authority with weak exactitude, and the hadith is free from eccentricity or blemish.

The semi-circular short wall located a few meters east of the Ka‘ bah and considered part of it.

Itmeans that pilgrim assumes ilirdm for performing Hajj only, keeping in the state of ihrdm until he finishes performing the rites of Hajj. A religious duty whose obligation extends to every Muslim.

The imdm is the one who leads the congregational prayer. Shaving the pubic hair.

Cleaning one's stool and urine exits after defecation or urination with stones or what may substitute for them.

Cleaning one’s stool and urine exits after defecation or urination with water,

The Jahmiyyah _ It isan Islamic sect that denies some of the Attributes of Allah, claiming that those attributes are ascribed to people and cannot be ascribed to Allah, This belief violates that of the Adherents of the Sunnal: and Muslim Community,

Janabah A state of major ritual impurity related to sexual discharge

JamratulItis a small stone-made pillar in a walled place. There are three jamrahs

*Aqabah situated at Mina. The closest one to Mecca is known as Jamratul- “Agabah;; it is also called the Great Jamrah and the Last Jamrah.

Jizyah A tribute or a tax required from non-Muslims living in an Islamic state exempting them from military service and entitling them to the protection of the Islamic state. Concurrently, Zakdh is not taken from them, being an obligation only upon Muslims.

Khimar A shawl-like cloth covering the head and shoulders worn by Muslim women,

The Lawgiver The Lawgiver of shard {i.e., Islamic Law) is Allah, Exalted be He; the term can also refer to the Prophet (PBUH) as he never ordained but what was revealed to him by Allah.

Marfa‘ It is whatever word, deed, approval or attribute, traced directly

(traceable) back to the Prophet (PBUH) with a connected or disconnected

Migats of Hajj —_The fixed times for Hajj. It also refers to the sites for entering the state of ihram.

Muhrim The one in a state of ritual consecration for Hajj (Pilgrimage) or ‘Umrah (Lesser Pilgrimage).

Mukatab A slave who has concluded a contract with his/her master to pay

It is a hadith whose chain of transmission lacks a Companion transmitter, i.e. a hadith that a Successor of the Companions has directly attributed to the Prophet without mentioning a Companion.

A woman in a state of istihddah (i.e. a woman having vaginal bleeding other than menstruation).

It is an Islamic sect that claims that those who commit major sins are in a state between belief and disbelief. This belief violates that of the Adherents of the Sunnah and Muslim Community,

It is a hadith reported by a large number of narrators whose agreement upon telling a lie is inconceivable (this condition must be met in the entire chain from the beginning to the end).

It means that a pilgrim assumes ilram for performing both ‘Umrah and Hajj together, or toassume hrm for ‘ Umrah then, before starting the tawdf for ‘Umrah, a pilgrim intends performing both ‘Umrah and Hajj either from the migat or before the tawéf of ‘Umrah. In this case, a pilgrim is to perform both fawdf and sa ‘i for both.

Divine Words, other than the Glorious Qur'an, revealed to the Prophet (PBUH) from Allah. Unlike the Qur’an, the wording of the Qudsi (Divine) hadith are neither used for worship nor deemed

R A Shiite group that refused the caliphates of Aba Bakr As-Siddiq

It is a hadith whose chain of transmission has been transmitted by truly pious persons who have been known for their uprightness and exactitude; such a hadith is free from eccentricity and blemish.

It generally refers to any prayer consisting of an even number of rak ‘ahs, and it particularly refers to the even number of rak'ahs performed before the final rak ‘ah of the Witr Prayer.

The Suntan refers to compilations of the Prophetic hadiths classified according to the Islamic jurisprudential themes; the main four compilers of the Sunan are Abi Dawiid, Ibn Majah, At-Tirmidht and An-Nasa’i.

The Night Vigil Prayer. Saying, “La fdha illallah” (i.e. There is no deity but Allah). Saying, “Al-hamdu-lillah” (i.e. Praise be to Allah).

Saying as a reply to tasmi’, “Rabband-walakal-hamd” i.e. “Our Lord, to You be (All) praise” Saying, “Allahu-Akbar” (i.e, Allah is the Greatest).

A formula recited bya pilgrim during Hajj or’ Umrah after assuming the state of ihramm; a pilgrim says, “Here I am at Your service, O Allah, here I am at Your service. Here I am at Your service, You have no partner, here | am at Your service. Verily, all praise, blessings, and dominion are Yours. You have no partner.”

It means that a pilgrim assumes irdm (state of ritual consecration) for performing ‘Umrah during the months of Hajj, and then, after performing ‘Umrah, a pilgrim assumes ihram for performing Hajj in the same season.

Saying, “Amin” (i.e. “Amen”) after the recitation of Al-Fatihah (the Opening surah of the Qur’an) in prayer.

Supererogatory prayer performed after the ‘Ishéa’ (Night) Prayer during the month of Ramadan.

Saying, “Subhdna Rabbiyal-‘Azim” (i.e. “Glory be to my Lord, the Most Great”) while bowing, and “Subhdna Rabbiyal-A‘la” (ie. “Glory be to my Lord, the Most High”) while prostrating.

Reciting: “(All) compliments, prayers and good things are due to Allah; peace be upon you, O Prophet, and the Mercy of Allah and His blessings (be upon you). Peace be upon us and upon the pious servants of Allah. I testify that there is no deity (worthy of worship) but Allah, Alone, with no partner, and I testify that Muhammad is His servant and His Messenger. O Allah! Confer Your blessings upon Muhammad and the family of Muhammad as You conferred Your blessings upon Ibrahim (Abraham) and the family of Ibrahim. Verily, You are Praiseworthy and Honorable. And bless Muhammad and the family of Muhammad as You blessed Ibrahim and the family of Ibrahim. Verily, You are Praiseworthy and Honorable.”

Saying the final Salams in prayer (saying, “As-salamu ‘alaykum wa Rahmatullah” i.e. “Peace be upon you, and the mercy of Allah”) when concluding prayer.

Saying “Sami‘allahu liman harmidah” ie. “Allah listens to the one who praises Him,’ when standing following bowing in prayer.

Performing dry ablution with clean earth (when water is unavailable or one cannot use it).

Saying, “I testify that there is no deity but Allah and that Muhammad is the Messenger of Allah.”

It is the greatest and the most superior degree in Paradise reserved for only one of Allah's servants, and Prophet Muhammad (PBUH) hopes to be that one. So, he (PBUH) asks everyone of his nation to pray to Allah following each prayer call (adhan) to grant him that place, Al-Wasilah.

A supererogatory prayer consisting of an odd number of rak ‘ahs (one, three, five, seven, nine, eleven or thirteen) and it is performed any time between the ‘Isha’ (Night) and the Fajr (Dawn) Prayers. A standard measure that equals 130320 grams.

Zakdéh is an annual expenditure for the benefit of the Muslim community, primarily to help the poor. It is required from those Muslims who have excess wealth. Paying Zakdh is one of the five main pillars of Islam (for more elaboration, refer to the chapter on Zakah).

An obligatory charity to be paid by the rich to the poor. In a juristic view, it is to be paid at any time throughout Ramadan, whereas it is most preferable to give it two or three days right before the Fast-breaking Feast ( ‘{dul-Fitr). A third view maintains that it is to be given before going out for performing the Prayer of the Fastbreaking Feast.

Zihdr is the saying of a husband to his wife, when he wants to abstain from having sex with her, “(Sexually,) you are to me like the back of my mother,” ie. unlawful to approach sexually. That was a type of divorce practiced by Arabs in the Pre-Islamic Period of Ignorance (the Jahiliyyah),

Abd Bakrnw.ccccccesseee 198, 204, 223, 240, 269, 300, 301, 319, 326, 328, 329, 330

43, 51, 54, 61, 62, 79, 81, 89, 102, 103, 104, 140, 151, 159, 170, 174, 177, 185, 196, 204, 206, 210, 218, 230, 240, 244, 255, 260, 268, 295, 298, 310, 326, 332, 342, 343, 348, 359, 361, 377, 383, 431, 448, 454, 457, 461, 463, 465

55, 78, 173, 176, 181, 191, 204, 223, 228, 250, 253, 257, 262, 295, 305, 311, 377, 390, 406, 433

Al-Bukhiri.................. 16, 27, 71,76, 77, 79, 106, 109, 115, 116, 135, 136, 141, 164, 168, 169, 175, 176, 182, 186, 190, 191, 206, 217, 223, 230, 235, 243, 244, 252, 258, 260, 267, 269, 274, 275, 282, 283, 284, 288, 290, 295, 297, 298, 300, 305, 308, 309, 322, 323, 327, 329, 330, 336, 337, 338, 342, 352, 358, 365, 366, 383, 392, 396, 398, 412, 415, 419, 430, 448, 454, 457, 476