Förkortade dagar under Ramadan för skandinavien - Fatwa från Egypten

Det finns ett flertal religiösa beslut/fatwa som ger stöd för att folk som lever i skandinaviska länder - med fasta som överstiger 18 timmar - kan fasta efter tiderna i Mecka eller Medina. Motiveringen - som är detaljerad och utvecklad - hittar ni under fatwan.

Jag klipper in den härnedan.


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Number2806
SubjectFasting in countries where the nights are
short
Date8/8/2010

Question
We reviewed request no. 1256 for the year
2009 which includes the following:

What is the ruling for fasting in northern
(Scandinavian) countries where there is an
interval of only two hours between sunset and
dawn in the southern parts of these countries
and where daylight hours extend to 24 hours in
the northern parts during which the sun does not
set?

Answer

Fatwa Council


Muslims in countries with extreme variations
in daylight hours and nights and where it is
difficult to fast, are to estimate the time for
starting and breaking their fast. They are to
disregard the signs on which the legal rulings
for prayers and fasting are based such as dawn,
sunrise, midday, sunset, the disappearance of
twilight and the like.

This is because the Divine injunctions deal
with common circumstances and situations without
establishing a ruling on what is uncommon. From
this, Muslim legal theorists and jurists stated
that the Lawgiver's intent with regards to the
general meanings of the texts concerns common
circumstances that are present in the lives of
people.

Scholarly opinions

- The hadith scholar, Ibn Hajar
al-'Asqalani, mentioned in Fath al-Bari (2/62):
"The [primary] texts pertain to common and
normal circumstances and not to what is
uncommon." In the same book (2/199), he cites
Imam Abu al-Fath ibn Sayed al-Nas al-Ya'mari,
"Rulings are contingent upon what is common and
not on what is uncommon."

- The luminary and Hanafi scholar, Ibn
'Abdin, wrote in Rad al-Muhtar 'ala al-Dur
al-Mukhtar (2/123): " … the general texts are
construed in reference to what is prevalent and
common and not in reference to what is uncommon
and unknown."

From the above, many scholars of the
principles of jurisprudence established that
uncommon and exceptional circumstances do not
fall under the general meanings of the [primary]
texts. Scholars, who maintain otherwise, do not
contradict the specificity of uncommon
circumstances in the existence of evidence. A
conflict thus arises: Are these statements that
denote specificity general or appear general but
are intended [exclusively] as specific? After
scholars agreed that the general texts do not
include specific circumstances, this amounts to
but a fruitless lexical controversy with regard
to the ultimate outcome of the matter.

Sheikh Ibn Taymiyah, the Hanbali scholar,
determined that the timings mentioned in Islamic
law pertain to normal days. He mentioned in
Mukhtasar al-Fatawa al-Misriyyah (1/38): "The
[prayer] times which Jibril (peace be upon him)
taught the Prophet [pbuh] and which the Prophet
[pbuh] taught his community, are those which the
scholars mentioned in their books and which
refer to normal days. There is a different
ruling for the day of which the Prophet said
will extend to the length of one year.
Concerning this day, he said, "Estimate [the
timings of prayer]."

In applying this principle of estimation to
the issue of prayer and fasting timings in
countries where daylight hours and nights are
not moderate, Imam Mohammed Abdou -the former
Grand Mufti of Egypt- (as cited by his student
Sheikh Mohammed Rashid Reda in Tafseer al-Manar
[2/163]) said: "Allah—who revealed the Qur`an,
Knower of the unseen and Creator of the
Heavens—gave ordinances that can be followed by
everyone alike. The command to establish prayers
is general; the Prophet [pbuh] specified prayer
times based on the hours that suit countries
with moderate hours and which constitute the
greater part of the world. This was the norm
until Islam reached those countries where day
and night is longer than usual. Muslims living
in these countries may estimate prayer times
depending on their independent reasoning and in
analogy to the timings specified by the Prophet
[pbuh] in the hadith of al-Dajjal.

The same applies to fasting. The fast of
Ramadan is obligatory only upon those who
witnesses the month of Ramadan i.e. are present.
Therefore, the principle of estimation
facilitates the matter for those living in
regions where it is difficult to perceive the
beginning and end of the month. Scholars
mentioned the principle of estimation after they
became aware that some countries have long
nights and short daylight hours while others
have long daylight hours and short nights.
However, they differed on which country to base
the fasting hours of Ramadan. One opinion stated
that fasting hours must be estimated based on
the timings of the cities with moderate hours
where religious rulings were prescribed such as
Mecca and Medina. Another opinion stated that
fasting hours should be estimated according to
the timings of the nearest country with moderate
hours. Both opinions are permissible; the matter
is open to independent reasoning since it is not
dealt with in primary texts."

Sheikh Mahmud Shaltut, the former Grand Imam
of al-Azhar (may Allah have mercy on him) stated
in Fatawa (p. 125): "There is no doubt that
specifying prayer times during the day and night
and months in the year in the manner which
people have known and followed from one
generation to the next, was based on the timings
of countries with moderate hours where the
specific timings are discernible over the course
of day and night and where the month of Ramadan
is discernible in the year; these countries
constitute the greater part of the globe. At the
time when religious rulings were legislated,
people did not know of those parts of the world
where the year is divided into a single day and
night, or where daylight hours are longer than
the night to the extent that the night
constitutes only a small portion of the day, or
where the night is longer than daylight hours to
the extent that the day is very short."

Sheikh Gad al-Haq Ali Gad al-Haq determined
that the ruling to fast from dawn until sunset
is applicable to the majority of countries which
are those with moderate hours, and not to
uncommon circumstances or to countries lying in
the Polar regions and other nearby countries as
has become evident after the era of legislation.

Adopting the principle of estimating prayer
times and fasting hours and disregarding the
signs that define these times is based on a
legal source—the hadith relating to al-Dajjal's
[Antichrist] time on earth. 1In the hadith, the
Companions asked the Prophet [pbuh], "O
Messenger of Allah! How long will he stay on
Earth?" The Prophet [pbuh] replied, "Forty days:
one day will be like a year, one day will be
like a month, one day will be like a week and
the rest of the days will be like your days." We
[the Companions] asked, "O Messenger of Allah!
Will one day's prayers suffice for the prayers
of the day that will be equal to one year?"
Thereupon, the Prophet said, "No, you must
estimate the timings (of prayers)."

The conditions during the time of al-Dajjal
in regard to the disappearance of the timings
are the same as those in the Polar regions where
day and night last for six months each. Scholars
included the regions lying near the Poles where
the days are long and the nights are short under
the principle of estimating prayer times during
the time of al-Dajjal due to the rational cause
of each, which are the extreme variations in the
timings upon which acts of worship are
contingent. Therefore the ruling applied to the
disappearance of the signs is likewise
applicable to their variations.

Ibn 'Abdin mentioned in his meta-commentary
Rad al-Muhtar 'ala al-Dur al-Mukhtar (1/366): "I
do not know of someone in our school of
jurisprudence who discussed the issue of fasting
in lands where dawn breaks just as the sun is
setting or sometime after it sets such that
there is not enough time for a person who is
fasting to eat enough food to sustain him. It
cannot be maintained that they are obligated to
fast in such a continuous manner since this is
harmful. Therefore, if we were to maintain the
obligatoriness of the fast in their regard, then
it is necessary to estimate the time [for
starting and breaking the fast]. However, are
they to estimate the time based on the nearest
countries as the Shafi'is maintain, estimate the
time that suffices for eating and drinking or
are they only to forgo fasting and make up the
fast [at a later time]? All of these options are
possible. We cannot maintain that fasting is not
obligatory under these conditions due to the
existence of the reason for the fast—witnessing
part of the month [of Ramadan] and the break of
dawn every day. This is what is apparent to me
and Allah Almighty knows best."

The principle of estimating fasting hours
that extend beyond the normal hours is derived
from actual circumstances. People living in
countries with extreme variations in daylight
hours and nights face an 18 hour fast or more
(more than three quarters of the entire day)
which is certainly a difficult feat. Expert
opinions determined the inability of the human
body to tolerate such extended periods of
fasting which definitely poses harm. Therefore,
we cannot maintain that harm is the objective of
Islamic law.

Furthermore, we cannot maintain that it is
permissible for whoever is incapable of fasting
in countries of extreme latitude to break his
fast and make it up at a later time under more
favorable conditions. The ruling for this person
is the same as that of another with an excuse
[for not fasting]. Since the command to fast
from dawn until sunset is general, it does not
specify a certain country or community.

The dispensation of breaking the fast and
making it up at a later time is applicable to
the obligations which can be endured by the
majority of the people but which are interrupted
for some by exceptional circumstances rendering
them unable to perform these religious duties.
When it becomes known, based on facts, that it
is difficult for the human body to tolerate
fasting for extended periods and experts
established that this is harmful to the healthy
individual; scholars determined that causing
harm is not the purport of the Lawgiver.
However, it cannot be maintained that it is
permissible for a person who is unable to fast
to refrain from observing this duty and make it
up at a later time. This is because it will lead
to either entirely waiving the obligation of
fasting, harming the person fasting by
interrupting his work and interests and
disrupting his life (if exceptional
circumstances continue for the entire year) or
fasting during a month other than Ramadan when
the hours are more moderate (if there are months
when extreme variations in the hours of the day
are absent). All of the above are incongruous
with the Divine wisdom behind the obligation of
fasting.

For this reason, Imam Mahmud Shaltut (may
Allah have mercy on him) stated in Fatawa:
"There is no doubt that adopting the known
prayer times and fasting hours [of Ramadan] in
areas [of extreme latitude] will lead a Muslim
to perform only five prayers during the day and
night (which constitute the entire year in
regard to his location) distributed over the
entire year. Additionally, it will lead Muslims
in some regions to perform only four obligatory
prayers or less, depending on the length of the
day, obligate Muslims living in these regions to
fast Ramadan when they do not witness it in the
first place, while in some places it will lead
to fasting 23 out of 24 hours. All of the above
are inconsistent with the wisdom and mercy of
Allah, the Most Merciful. Therefore, they must
be ruled out."

The luminary Mustafa al-Zarqa stated in his
book Al-'Aql wa al- Fiqh fi Fihm al-Hadith
al-Nabawi (p. 124): "Generalizing [the principle
of adopting normal prayer times to countries of
extreme latitude] based on the ability to
distinguish between day and night regardless of
the great difference in their length, totally
contradicts the objectives of Islamic law and
the legal principle of mitigating harm. It is
unreasonable to distribute the prayers performed
during daylight hours and night over a half hour
period as it is likewise unreasonable to break
one's fast for one hour and fast for twenty
three."

We propose to those living in countries of
extreme latitudes to fast according to the time
of Mecca since Allah designated it as the
'Mother of Villages'; a mother is the source of
existence. Moreover, Mecca is the city to turn
to, not just for the Qibla [direction of prayer]
but also when estimating timings when there are
extreme variations in day and night.

Estimating the times for starting and ending
a fast based on the nearest country with
moderate hours is an extremely confusing matter.
Those who are in favor of this method, stipulate
knowledge of the precise calculations for
starting and terminating the fast in the nearest
countries with moderate hours without any
difficulty or confusion. From experience and
practice, both of these conditions are lacking
in the above method of estimation, giving rise
to greater confusion. For this reason, Sheikh
Gad al-Haq, the former Grand Imam of al-Azhar,
ruled out this method after mentioning another
alternative. He called upon the residents of
countries with lengthy daylight hours to follow
the timings of Mecca or Medina. He said: "It may
be difficult to calculate precisely [the fasting
hours] of the nearest countries to Norway with
moderate hours. Therefore, I call upon Muslims
living in Norway and other countries with
similar circumstances to fast the same number of
hours as Muslims in Mecca or Medina. They are to
start their fast at the time of true dawn
according to their location and disregard the
number of hours for day and night as well as sun
set (for breaking the fast), the disappearance
of the sun's light and the coming of nightfall.
This is based on scholarly opinions which have
been derived from the previously mentioned
hadith on al-Dajjal and on following the
commands of Allah and His instructions in the
Qur`an which is a mercy to His servants."

Modern scholars who maintain that it is
permissible for Muslims living in countries
where daylight hours are long and nights are
short to adopt the fasting hours of Mecca
include:

- Sheikh Mohammed Abdou, the first to hold
the office of Grand Mufti of Egypt. He favored
this opinion which he derived from juristic
opinions on this issue as mentioned earlier.
This is likewise the opinion that was
implemented later by Dar al-Ifta al-Misriyyah.

- Sheikh Gad al-Haq Ali Gad al-Haq (in fatwa
no. 214 for the year 1981 CE)

- Sheikh Abdul Latif Hamza (in fatwa no. 160
for the year 1984 CE)

- Dr. Mohmmed Sayed Tantawi (in fatwa no.
171 for the year 1993 CE and in fatwa no. 579
for the year 1995 CE)

- Dr. Nasr Farid Wasil (in fatwa no. 438 for
the year 1998)

- Dr. Ali Goma Mohammed, the current Grand
Mufti of Egypt.

- Dr. Mohammed al-Ahmadi abu al-Nur, former
Minister of Endowments and member of the Islamic
Research Academy, in the fatwa issued on 24
April 1983 CE by the Fatwa Committee at al-Azhar
in his capacity as president of the Committee.

- The luminary Mustafa al-Zarka.

- Dr. Mohammed Hamidullah in his book
Al-Islam.

- Sheikh Mahmud Ashur, former deputy to the
Grand Imam of al-Azhar and member of the Islamic
Research Academy.

This is the opinion maintained by other
contemporary scholars as well as the opinion
implemented for fatwa by scholars from various
religious bodies around the globe such as the
Board of Fatawa in Amman, Jordon in a fatwa
signed by Sheikh Mohammed Abdou Hashem, the
Grand Mufti of Jordon, on 19 September 1399 AH.
This is the opinion that best serves the
objectives of Islamic law and the most lenient
in realizing the welfare of man on earth.

Allah Almighty knows best.

---------------------------------------
1- The hadith is included in Sahih Muslim and
elsewhere through al-Nawas ibn Sam'an (may Allah
be pleased with him).


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Fatwa från al-azhar enligt länken:

http://mission-alnoor.org/Admin/asp/Mailed_details.asp?M_ID=821


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Dear brothers and sisters around the globe


Fasting times days during summer in North Pole nations (like Sweden, Denmark, Norway, Iceland, Finland) is found very long. I remember, in the year 1989 during summer season, I had to fast almost 21 hours. Those are the longest days I fasted in my life. The more surprising than this is, during the month of July and August in many Northern nations son sets for an hour or so and some places it does not sets for days. The fasting in those places almost become impossible as one may hardly observe sunset. This year, we all will insh-Allah be fasting during the month of August. It will be the same situation in many nations as I experienced in 1989. Alhamdulillah, there are many Muslim brothers and sisters in those countries and observe fasting and prayers as commanded by Rabbe Karim Allah.


One of our dear Swedish sister in Islam Ms. Farhat Gunnarsdottir, forwarded a mail, which I received from my dear sister in Islam Ms. Halima Herborg in Iceland, where a Fatwa from Al-Azhar is quoted about the timing of Ramadhan (Fasting) in North pole nations during summer time.

Thanks for their kind sending of the following mail to us. I want to share the views with all of you.

---
Translation from Arabic to English



An extract from a Fatwa no. 575/2010-11-21 by Al-Azhar Al-Sharif

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In the name of Allah, Most Gracious, Most Merciful



We believe that Muslims living near to the North and South poles and what is close to them; in which the days are long and nights short; have two choices when it comes to fasting Ramadan:


- Either to abide by the timings of the countries in which the Islamic legislations appeared and in which day and night hours are in moderation (Mecca and Medina). That is, to fast the same number of hours as these two cities.


-Or to calculate the hours of fasting in the closest country, in which day and night hours are in moderation; and in which the wisdom of Allah Almighty’s decree of Prayers and Fasting is maintained without resulting in too much exhaustion or fatigue.


As it might not be easy to calculate the closest country to Sweden that maintains this status, we are more inclined towards proposing that Muslims who live in Sweden and other countries with the same situation, to fast the exact number of hours that Muslims fast in Mecca and Medina. Taking into factor, that their fasting starts at the time of Fadjr in their location [Sweden, etc.], without taking into account their day and night hours, nor having to wait for sunset or nightfall to stop fasting.


We reached this conclusion in accordance with what scholars pursue when it comes to estimating the timings of Prayers and Fasting and following the orders of Allah and His guidance in the Holy Quran, as Allah in His mercy says: {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.} (Surat Albaqarah 2: 185). Allah Almighty also says: {Allah does not charge a soul except [with that within] its capacity.} (Surat Albaqarah 2: 286).


Allah Almighty knows best.


Members of the Fatwa committee



1- Sheikh / Ashour Al-Wakil (Signature)



2- Sheikh /Mohammad Mohammad Awis (Signature)



3- Sheikh / Gamal Abd Al-Samih (Signature)



4- Sheikh / Al-Sayed Al-Kasas (Signature)



Secretary of the committee



Said Amer (Signature)



Seal:* Al-Azhar Al-Sharif



Islamic research complex





The Fatwa committee


*ملاحظات المترجم.


أشهد أن هذه الترجمة مطابقة للنص الأصلي باللغة الإنجليزية:


That it is a true translation to Arabic language of the attached document in the English language certifies:

..........................................................................................


Nabil Saad/ نبيل سعد


Arabic translatorمترجم