Moving the finger during Tashahhud

I've seen people move their finger up and down during tashahud. Is this Sunna?.
Praise be to Allaah.

Firstly:

It is proven that the Prophet (peace and blessings of Allaah be upon him) used to point with his index finger and move it during the tashahhud when praying.

The scholars differed concerning that and there are several points of view.

1 – The Hanafis say that the finger should be raised when saying “Laa (no)” in the phrase “Ash-hadu an laa ilaaha ill-Allaah (I bear witness that there is no god except Allaah)” and it should be lowered when saying, “ill-Allaah (except Allaah).”

2 – The Shaafa’is say that it should be raised when saying “ill-Allaah.”

3 – The Maalikis say that it should be moved right and left until one finishes the prayer.

4 – The Hanbalis say that one should point with the finger when saying the name of Allaah, without moving it.

Shaykh al-Albaani (may Allaah have mercy on him) said: There is no basis for any of these definitions and manners in the Sunnah. The closest of them to the correct view is the Hanbali view, were it not that they limited raising the finger to when saying the name of Allaah.

Tamaam al-Minnah, p. 223.

Secondly:

With regard to the evidence concerning this issue:

(a) It was narrated that ‘Abd-Allaah ibn al-Zubayr said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) sat during the prayer, he would place his left foot between his thigh and calf, and tuck his right foot underneath him, and place his left hand on his left knee, and place his right hand on his right thigh, and point with his finger.

Narrated by Muslim, 579.

In al-Nasaa’i (1270) and Abu Dawood (989) it says: “He used to point with his finger when making du’aa’ but he did not move it.”

This addition – “but he did not move it” – was classed as da’eef by Ibn al-Qayyim in Zaad al-Ma’aad, 1/238. It was also classed as da’eef by al-Albaani in Tamaam al-Minnah, p. 218.

(b) It was narrated that Waa’il ibn Hajar said: I said: I will certainly watch how the Messenger of Allaah (peace and blessings of Allaah be upon him) prays. So I watched him and he stood up and said takbeer (“Allaahu akbar”), and raised his hands until they were level with his ears. Then he placed his right hand on his left hand, wrist and lower forearm. When he wanted to bow, he raised his hands likewise, and put his hands on his knees, and when he raised his head he raised his hands likewise. Then he prostrated and put his hands level with his ears, then he sat with his left foot tucked underneath him and put his left hand on his left thigh and knee, and he put the edge of his right elbow on his right thigh. Then he held two of his fingers and made a circle, then he raised his forefinger and moved it, making du’aa’ with it.

Narrated by al-Nasaa’i, 889; classed as saheeh by Ibn Khuzaymah, 1/354; Ibn Maajah, 5/170; classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 367.

Shaykh Ibn ‘Uthaymeen quoted this hadeeth – “moving it, making du’aa’ with it” – as evidence that moving the forefinger during the tashahhud should be done with every phrase of the du’aa’. He said in al-Sharh al-Mumti’:

The Sunnah indicates that he should point with it when making du’aa’, because the wording of the hadeeth is “moving it, making du’aa’ with it”. So every time you make du’aa’, move your finger thus indicating the exalted nature of the One to Whom you are addressing your du’aa’s. So we say:

“Al-salaamu ‘alayka ayyuha’l-Nabiyyu (peace be upon you, O Prophet)” – you should point your finger because this salaam is a kind of du’aa’. “Al-salaamu ‘alayna (peace be upon us)” – you should point your finger. “Allaahumma salli ‘ala Muhammad (O Allaah, send blessings upon Muhammad)” – you should point your finger. “Allaahumma baarik ‘ala Muhammad) O Allaah, send blessings upon Muhammad)” – you should point your finger. ‘A’oodhu Billaahi min ‘adhaab jahannam (I seek refuge with Allaah from the torment of Hell)” – you should point your finger. “Wa min ‘adhaab al-qabr (and from the torment of the grave)” – you should point your finger. “Wa min fitnat il-mahya wa’l-mamaat (and from the trials of life and death)” – you should point your finger. “Wa min fitnat il-maseeh il-dajjaal (and from the tribulation of the Dajjaal) – you should point your finger. Every time you make du’aa’ you should point your finger, indicating the greatness of the One to Whom you are making du’aa’. This is closer to the Sunnah. End quote.

Thirdly:

It is Sunnah when pointing to look at your finger.

Al-Nawawi said:

The Sunnah is not to let your gaze go beyond the pointing finger. There is a saheeh hadeeth concerning this in Sunan Abi Dawood. You should point in the direction of the qiblah and intend when pointing to affirm the Oneness of Allaah and exclusive devotion to Him.

Sharh Muslim, 5/81.

The hadeeth to which al-Nawawi (may Allaah have mercy on him) referred is the hadeeth of ‘Abd-Allaah ibn al-Zubayr quoted above. The version narrated by Abu Dawood is (989): “And he should not let his gaze go beyond his pointing finger.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Fourthly:

It is Sunnah to point with it towards the qiblah.

It was narrated from ‘Abd-Allaah ibn ‘Umar that he saw a man moving pebbles with his hand whilst he was praying. When he finished, ‘Abd-Allaah said to him: “Do not move pebbles whilst you are praying, for that comes from the Shaytaan. Rather do what the Messenger of Allaah (peace and blessings of Allaah be upon him) used to do. He put his right hand on his thigh and pointed with the finger that is next to the thumb towards the qiblah, and he fixed his gaze on it.” Then he said: “This is what I saw the Messenger of Allaah (peace and blessings of Allaah be upon him) doing.” Narrated by al-Nasaa’i, 1160; Ibn Khuzaymah, 1/355; Ibn Hibbaan, 5/273. classed as saheeh by al-Albaani in Saheeh al-Nasaa’i.

Fifthly:

Bending the finger slightly when pointing was mentioned in the hadeeth of Numayr al-Khuzaa’i, narrated by A u Dawood, 991, and al-Nasaa’i, 1275.

But this is a da’eef (weak) hadeeth.

See Tamaam al-Minnah by al-Albaani p. 222.

And Allaah knows best.


Islam Q&A

“Atta-hiyyatu lillahi was-salawatu wat-tayyibatu as-salamu’alaika ayyuh-an-Nabbiyu wa rahmat-ullahi wa barakatuhu, As-salamu ‘alai-na wa ‘ala’Ibadullahi-is-Salihin.
Ash-hadu an-la-Ilaha ill-Allah Wa ash hadu anna Muhammadan ‘abduhu wa Rasuluh.”

“Our salutations, our prayers and all pure things are for Allah. Salutation to you O Prophet and Mercy and Blessing of Allah. Peace be on us and on all pious servants of Allah. I testify that there is no god save Allah and I bear witness that Muhammad is the servant and messenger of Allah”.

How to be a Good Wife?

HERE ARE THE TIPS ON 'HOW TO BE A SUCCESSFUL WIFE'
1. USE YOUR 'FITNAH' (BEAUTY AND OVERTURES OF ALLUREMENT) TO WIN THE HEART OF YOUR HUSBAND.
All women have the ornaments that Allah blessed them with. Use the beauty Allah - Azza wa Jal - has bestowed you with to win the heart of your husband.
2. WHEN YOUR HUSBAND COMES HOME, GREET HIM WITH A WONDERFUL GREETING.
Imagine your husband coming home to a clean house, an exquisitely dressed wife, a dinner prepared with care, children clean and sweet smelling, a clean bedroom - what would this do to his love for you? Now imagine what the opposite does to him.
3. REVIEW THE CHARACTERISTICS OF THE HOOR AL-AYN AND TRY TO IMITATE THEM
The Qur'an and Sunnah describe the women in Jannah with certain characteristics. Such as the silk they wear, their large dark eyes, their singing to their husband, etc. Try it, wear silk for your husband, put Kohl in your eyes to 'enlarge' them, and sing to your husband.
4. ALWAYS WEAR JEWELLERY AND DRESS UP IN THE HOUSE.
From the early years, little girls have adorned themselves with earrings and bracelets and worn pretty dresses - as described in the Qur'an. As a wife, continue to use the jewellery that you have and the pretty dresses for your husband.
5. JOKE AND PLAY GAMES WITH YOUR HUSBAND.
A mans secret: they seek women who are light-hearted and have a sense of humour. As Rasul Allah - sal Allahu alayhi wa sallam - told Jabir to marry someone who would make him laugh and he would make her laugh.
6. THANK YOUR HUSBAND CONSTANTLY FOR THE NICE THINGS HE DOES. THEN THANK HIM AGAIN.
This is one of the most important techniques, as the opposite is a characteristic of the women of hellfire.
7. AN ARGUMENT IS A FIRE IN THE HOUSE. EXTINGUISH IT WITH A SIMPLE 'I'M SORRY' EVEN IF IT IS NOT YOUR FAULT.
When you fight back, you are only adding wood to the fire. Watch how sweetly an argument will end when you just say sincerely, "Look, I'm sorry. Let's be friends."
8. ALWAYS SEEK TO PLEASE YOUR HUSBAND, FOR HE IS YOUR KEY TO JANNAH.
Rasul Allah - sal Allahu alayhi wa sallam - taught us that any women who dies in a state where her husband is pleased with her, shall enter Jannah. So .. please him.
9. LISTEN AND OBEY!
Obeying your husband is Fard! Your husband is the Ameer of the household. Give him that right and respect.
10. MAKE DUA TO ALLAH TO MAKE YOUR MARRIAGE AND RELATIONSHIP SUCCESSFUL.
All good things are from Allah. Never forget to ask Allah ta'ala for the blessing of having a successful marriage that begins in this Dunya and continues on - by the Mercy of Allah ta'ala - into Jannah.

DOES ISLAM PROMOTE VIOLENCE?

Question:
Doesn’t Islam promote violence, bloodshed and brutality since the Qur’an says that Muslims should kill the kuffar where ever they find them?

Answer:
A few selected verses from the Qur’an are often misquoted to perpetuate the myth that Islam promotes violence, and exhorts its followers to kill those outside the pale of Islam.
1. Verse from Surah Taubah
The following verse from Surah Taubah is very often quoted by critics of Islam, to show that Islam promotes violence, bloodshed and brutality:
"Kill the mushriqeen (pagans, polytheists, kuffar) where ever you find them."
[Al-Qur’an 9:5]
2. Context of verse is during battlefield
Critics of Islam actually quote this verse out of context. In order to understand the context, we need to read from verse 1 of this surah. It says that there was a peace treaty between the Muslims and the Mushriqs (pagans) of Makkah. This treaty was violated by the Mushriqs of Makkah. A period of four months was given to the Mushriqs of Makkah to make amends. Otherwise war would be declared against them. Verse 5 of Surah Taubah says:
"But when the forbidden months are past, then fight and slay the Pagans wherever ye find them, and seize them, beleaguer them, and lie in wait for them in every stratagem (of war); but if they repent, and establish regular prayers and practise regular charity, then open the way for them: for Allah is oft-forgiving, Most merciful."
[Al-Qur’an 9:5]
This verse is quoted during a battle.
3. Example of war between America and Vietnam
We know that America was once at war with Vietnam. Suppose the President of America or the General of the American Army told the American soldiers during the war: "Wherever you find the Vietnamese, kill them". Today if I say that the American President said, "Wherever you find Vietnamese, kill them" without giving the context, I will make him sound like a butcher. But if I quote him in context, that he said it during a war, it will sound very logical, as he was trying to boost the morale of the American soldiers during the war.
4. Verse 9:5 quoted to boost morale of Muslims during battle
Similarly in Surah Taubah chapter 9 verse 5 the Qur’an says, "Kill the Mushriqs where ever you find them", during a battle to boost the morale of the Muslim soldiers. What the Qur’an is telling Muslim soldiers is, don’t be afraid during battle; wherever you find the enemies kill them.
5. Shourie jumps from verse 5 to verse 7
Arun Shourie is one of the staunchest critics of Islam in India. He quotes the same verse, Surah Taubah chapter 9 verse 5 in his book ‘The World of Fatwahs’, on page 572. After quoting verse 5 he jumps to verse 7 of Surah Taubah. Any sensible person will realise that he has skipped verse 6.
6. Surah Taubah chapter 9 verse 6 gives the answer
Surah Taubah chapter 9 verse 6 gives the answer to the allegation that Islam promotes violence, brutality and bloodshed. It says:
"If one amongst the pagans ask thee for asylum,grant it to him, so that he may hear the word of Allah; and then escort him to where he can be secure that is because they are men without knowledge."
[Al-Qur’an 9:6]
The Qur’an not only says that a Mushriq seeking asylum during the battle should be granted refuge, but also that he should be escorted to a secure place. In the present international scenario, even a kind, peace-loving army General, during a battle, may let the enemy soldiers go free, if they want peace. But which army General will ever tell his soldiers, that if the enemy soldiers want peace during a battle, don’t just let them go free, but also escort them to a place of security?
This is exactly what Allah (swt) says in the Glorious Qur’an to promote peace in the world.
Reference: Dr Zakir Naik Most Common Questions Asked by Non Muslims and Muslims who have some knowledge of Islam

A heart touchin story‏

A man woke up early in order to pray the Fajr prayer in the masjid. He got dressed, made his ablution and was on his way to the masjid. On his way to the masjid, the man fell and his clothes got dirty. He got up, brushed himself off, and headed home. At home, he changed his clothes, made his ablution, and was, again, on his way to the masjid On his way to the masjid, he fell again and at the same spot! He, again, got up, brushed him self off and headed home.
At home he, once again, changed hisclothes, made his ablution and was on his way to the masjid. On his way to the masjid, he met a man holding a lamp. He asked the man of his identity and the man replied 'I saw you fall twice on your way to the masjid, so I brought a lamp so I can light your way.' The first man thanked him and the two were on their way to the masjid. Once at the masjid, the first man asked the man with the lamp to come in and pray Fajr with him. The second man refused. The first man asked him a couple more times and, again, the answer was the same. The first man asked him why he did not wish to come in and pray. The man replied 'I am Satan.' The man was shocked at this reply. Shaitan went on to explain,'I saw you on your way to the masjid and it was I who made you fall. When you went home, cleaned yourself and went back on your way to the masjid, Allah forgave all of your sins. I made you fall a second time, and even that did not encourage you to stay home, but rather, you went back on your way to the masjid. Because of that, Allah forgave all the sins of the people of your household. I was afraid if i made you fall one more time, then Allah will forgive the sins of the people of your village, so I made sure that you reached the masjid safely.' So do not let Satan benefit from his actions. Do not put off a good that you intended to do as you never know how much reward you might receive from the hardships you encounter while trying to achieve that good.

An Islamic Response to Atheism

Defining Atheism

The "atheist" movement keeps shooting itself in the foot by failing to reach a consensus regarding the meaning of "atheism."
-Jeff Jay Lowder
A comic strip on this controversy.

The real definition of atheism: the belief that there is no God.
The fake definition of atheism: the lack of belief in God.

Proof:

A = Without
Theos = God
Atheos = Without God
Thus
Atheism is the belief that there is no God.


The references state what the real definition of atheism is:



•"Atheism, from the Greek a-theos ("no-god"), is the philosophical position that God doesn't exist. It is distinguished from agnosticism, the argument that it is impossible to know whether God exists or not" (Academic American Encyclopedia).
•"Atheism, system of thought developed around the denial of God's existence. Atheism, so defined, first appeared during the Enlightenment, the age of reason" (Random House Encyclopedia-1977).
•"Atheism (from the Greek a-, not, and theos, god) is the view that there are no gods. A widely used sense denotes merely not believing in God and is consistent with agnosticism. A stricter sense denotes a belief that there is no God, the use has become the standard one" (Cambridge Dictionary of Philosophy-1995).
•"Atheism is the doctrine that there is no God. Some atheists support this claim by arguments, but these arguments are usually directed against the Christian concept of God, and are largely irrelevant to other possible gods" (Oxford Companion to Philosophy-1995).
•"Atheism (Greek, a- [private prefix] + theos, god) is the view that there is no divine being, no God" (Dictionary of Philosophy, Thomas Mautner, Editor-1996).
•"Atheism is the belief that God doesn't exist" (The World Book Encyclopedia-1991).
•"According to the most usual definition, an atheist is a person who maintains that there is no god…"(rejects eccentric definitions of the word) (The Encyclopedia of Philosophy-1967).
•"Atheism is the doctrine that God does not exist, that belief in the existence of God is a false belief. The word God here refers to a divine being regarded as the independent creator of the world, a being superlatively powerful, wise and good" (Encyclopedia of Religion-1987).
•"Atheism (Greek and Roman): Atheism is a dogmatic creed, consisting in the denial of every kind of supernatural power. Atheism has not often been seriously maintained at any period of civilized thought" (Encyclopedia of Religion and Ethics-Vol II).
•"Atheism denies the existence of deity" (Funk and Wagnall's New Encyclopedia-Vol I).

Furthermore, I went to my local library and randomly picked out a dictionary to see what atheism meant. This is what I found from this dictionary.

----------------


Real atheists who are... well, real atheists


Also, there have been real atheists who define the real definition of atheism as a belief that there is no God. That would be people like:

Julian Baggini - "Atheism is in fact extremely simple to define: it is the belief that there is no God or gods." (from Atheism: A Very Short Introduction)

Paul Edwards - "[An atheist is] a person who maintains that there is no god." (from Encylopedia of Philosophy)

Doug Krueger - "Atheism - the belief that there are no gods." (from What is ATHEISM?)

Jeff Jay Lowder - After saying that atheists would be under the heading of "naturalism", he defines it as someone who belives that "[t]here are no supernatural beings. If naturalism is true, there is no God, no devil, no angels, no heaven and no hell." (from Jeff Jay Lowder's debate with Phil Fernandes)

David Mills - "Essentially, an atheist is a person who rejects the concept of god." (from Atheist Universe)

Theodore Drange, Quentin Smith, J.L. Schellenbergjust are also real atheists... this is just to name a few. As far as I can tell there have been no fake atheists who had the courage to say that these real atheists were wrong about the definition of atheism.

----------------


Even Charles Darwin (an agnostic) knew the real definition of atheism:





"I have never been an atheist in the sense of denying the existence of a God."
- Letter to Rev. J. Fordyc, July 7, 1879.

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However fake atheist, Michael Martin, uses the fake definition of atheism:



"In Greek 'a' means 'without' or 'not' and 'theos' means 'god.' From this standpoint an atheist would simply be someone without a belief in God, not necessarily someone who believes that God does not exist. According to its Greek roots, then, atheism is a negative view, characterized by the absence of belief in God."

Shandon Guthrie rebuts the definition:

***BEGIN QUOTE***

In this case another "bait and switch" method is being employed but in a more obvious contradictory setting. On the one hand we are to concur that "'a' means 'without' or 'not' and 'theos' means 'god.'" On the other hand we are supposed to conclude from this that "without a belief in God" is what the term means. This is perhaps to the hope that the reader will not see the imported word "believe" from one sentence to the next. I do agree with Martin that the term is certainly a negative view in that it negates something. But, as Martin unwittingly admits or intentionally distorts, it is the negation of God himself not a negation of a belief in God given Martin's comment that "'a' means 'without' or 'not' and 'theos' means 'god.'" Wouldn't this suggest that atheism is to be etymologically understood as without/no - god?

Due to the disparity between conventional and contemporary understandings (revisionist views?) of atheism, philosophers have attempted to branch atheism into two separate categories: positive atheism and negative atheism. Positive atheism is the classical understanding contra Martin. It is the definitive view, the strong view, that God (or any god) does not exist. Negative atheism, the weak view, is the mere absence of belief in God (or any divine being - sometimes it serves as a synonym for naturalism). In this relatively new understanding atheism enjoys a category split so that both definitions can maintain their place amongst their parent heading atheism. However, this amounts to reducing atheism to nothing more than agnosticism. Agnosticism was originally coined by the 19th century lecturer at the School of Mines in London, Thomas Henry Huxley. He is best noted as being "Darwin's bulldog" since he adamantly defended Charles Darwin's infant theory of evolution. Huxley himself, concerning his adoption of the term agnostic, writes:


Huxley wrote:
"Some twenty years ago, or thereabouts, I invented the word 'Agnostic' to denote people who, like myself, confess themselves to be hopelessly ignorant concerning a variety of matters, about which metaphysicians and theologians, both orthodox and heterodox, dogmatise with utmost confidence...It simply means that a man shall not say he knows or believes that which he has no scientific grounds for professing to know or believe."

"Soft" agnosticism, shall we say, is the mere absence of belief in God (or any deity) since it suspends judgment about matters of metaphysics and theology. The more appropriate epistemological position that Huxley may of had in mind is what is known as "hard" agnosticism - it is impossible to determine whether or not God exists. In either case, agnosticism neither confirms nor denies any epistemological claims about God and thus it properly satisfies the status of being a default position. In a sense, the agnostic places phenomenological brackets around the propositions "God exists" and "God does not exist" to explore unchartered areas of research that may offer insight toward reaching a conclusion.

Despite the historical and philological difficulty with deviating from the roots of atheism and its mainstream approaches to it, perhaps we shall have to consider the matter open to the atheist who wears the label negative or positive atheist. In the spirit of charity, we may be forced to acknowledge against the most reliable and broadest understanding of atheism to include mere deniers of belief in any god in our casual encounters and dialogues. But it should not cause us to go astray from the conventional and usual meaning of the term from which many modern atheists have deviated.

***END QUOTE***

----------------


Why then do fake atheists chump out and use the fake definition of atheism?


Ken Samples explains:

***BEGIN QUOTE***

By definition, atheism is the world view that denies the existence of God. To be more specific, traditional atheism (or offensive atheism) positively affirms that there never was, is not now, and never will be a God in or beyond the world. But can this dogmatic claim be verified?

The atheist cannot logically prove God's nonexistence. And here's why: to know that a transcendent God does not exist would require a perfect knowledge of all things (omniscience). To attain this knowledge would require simultaneous access to all parts of the world and beyond (omnipresence). Therefore, to be certain of the atheist's claim one would have to possess godlike characteristics. Obviously, mankind's limited nature precludes these special abilities. The offensive atheist's dogmatic claim is therefore unjustifiable. As logician Mortimer Adler has pointed out, the atheist's attempt to prove a universal negative is a self- defeating proposition. The Christian should therefore emphasize that the offensive atheist is unable to provide a logical disproof of God's existence.

*Defensive Atheism.* Many sophisticated atheists today are fully aware of the philosophical pitfalls connected to offensive or dogmatic atheism. Prominent atheists such as Gordon Stein and Carl Sagan have admitted that God's existence cannot be disproven. This has led such atheists to advocate what I call defensive atheism. Defensive atheism asserts that while God's existence cannot be logically or empirically disproven, it is nevertheless unproven.

Atheists of this variety have actually redefined atheism to mean "an absence of belief in God" rather than "a denial of God's existence." For this more moderate type of atheism, the concept of "God" is like that of a unicorn, leprechaun, or elf. While they cannot be disproven, they remain unproven. Defensive atheism's unbelief is grounded in the rejection of the proofs for God's existence, and/or the belief that the Christian concept of God (or any other God) lacks logical consistency.

An appropriate Christian rejoinder at this point is that defensive atheism is using a stipulative or nonstandard definition for the word atheism. Paul Edwards, a prominent atheist and editor of The Encyclopedia of Philosophy, defines an atheist as "a person who maintains that there is no God." Atheism therefore implies a denial of God's existence, not just an absence of belief. It should also be stated that defensive atheism's absence of belief sounds very similar to agnosticism (which professes inability to determine whether God exists). The Christian should force the defensive atheist to show just how his (or her) atheism differs from agnosticism. Does he know or not know that there is no God?

***END QUOTE***

----------------

There you have it. The smoking gun on the real definition of atheism. With all the evidence right in front of their faces the fake atheist will never concede the real definition of atheism.

Atheism is a greater sin than shirk

Which is a greater sin: Atheism or polytheism?.
Praise be to Allaah.

Atheism, in modern terminology, means denying the Creator altogether, denying that He exists and not acknowledging Him, may He be glorified and exalted. The universe and everything in it, according to their claims, came about purely by chance. This is a strange view which is contrary to sound human nature, reason and logic, and is contrary to simple logic and indisputable facts.

As for shirk (polytheism or associating others with Allah), it implies belief in Allah, may He be glorified and exalted, and affirmation of Him, but it also includes belief in a partner to Allah in His creation, who creates or grants provision or brings benefit or wards off harm. This is shirk al-ruboobiyyah (ascribing partners to Allah in His Lordship). Or it means belief in a partner to whom some kind of worship is devoted as an act of love and veneration, as it is devoted to that person or thing as it should to devoted to Allah, may He be glorified and exalted. This is shirk al-‘ibaadah (associating others with Allah in worship). By studying these two deviations, we may see that each of them involves sin and evil which tells us that they are bad and we see how Allah described them as being like dumb animals.

Allah says (interpretation of the meaning):

“Have you (O Muhammad صلى الله عليه وسلم) seen him who has taken as his ilaah (god) his own vain desire? Would you then be a Wakeel (a disposer of his affairs or a watcher) over him?

44. Or do you think that most of them hear or understand? They are only like cattle nay, they are even farther astray from the Path (i.e. even worse than cattle)”

[al-Furqaan 25:43-44]

“And surely, We have created many of the jinn and mankind for Hell. They have hearts wherewith they understand not, and they have eyes wherewith they see not, and they have ears wherewith they hear not (the truth). They are like cattle, nay even more astray; those! They are the heedless ones”

[al-A’raaf 7:179].

Nevertheless, the atheist who denies the existence of Allah and rejects His Messengers and disbelieves in the Last Day, is in a greater state of kufr and his beliefs are more reprehensible than the one who believes in Allah and the Hereafter, but he associates something of His creation with Him. The former is stubborn and arrogant to an extent that can not be imagined or accepted by sound human nature. Such a person would transgress every sacred limit and fall into every sin; his worldview would be distorted to an inconceivable level. Yet many scholars who discussed the issue of atheism doubted that this has deep roots in the hearts of the atheists, and they affirmed that the atheist is only professing atheism outwardly; deep down he believes in one God.

Shaykh al-Islam Ibn Taymiyah said a great deal which indicates that this group of atheists who deny and reject the existence of God are in a worse state of kufr than the mushrikeen who associate partners with Him. We will quote a little of what we have come across:

He (may Allah have mercy on him) said: Kufr (disbelief) means not believing in Allah and His Messengers, whether it involves rejecting or it consists of doubt and uncertainty about the issue or ignoring the issue altogether, out of envy or arrogance or following whims and desires that divert a person from following the Message. However, the kaafir who rejects and disbelieves is in a state of greater kufr, although the one who rejects and denies out of envy, even though he believes that the Messengers brought the message of truth, is also in a state of kufr. End quote.

Majmoo’ al-Fataawa, 17/291

He also said:

The one who denies the Hereafter but believes that this universe is created is described by Allah as a kaafir. The one who denies it and says that this universe existed from eternity is a worse kaafir in the sight of Allah, may He be exalted. End quote.

Majmoo’ al-Fataawa, 17/291

He said (may Allah have mercy on him) refuting those who deny the Divine attributes:

(Denying the Divine attributes) implies complete denial which reaches the point that says: There is nothing that must exist and cannot have not existed. If he believes that and says: I do not affirm either existence or non-existence, then the answer to that is: Suppose you state that verbally and in your heart you do not believe either of the two; rather you turn away from knowing Allah and worshipping and remembering Him, so you never remember Him, worship Him, call upon Him, put your hope in Him or fear Him; (in that case) your denial of Him is worse than that of Iblees who (at least) acknowledged Him. End quote.

Majmoo’ al-Fataawa, 5/356.

And he (may Allah have mercy on him) said:

The arrogant one is the one who does not acknowledge Allah outwardly, like Pharaoh. He is in a worse state of kufr than them (meaning the mushrik Arabs). Iblees, who enjoins all of that and loves it and is too arrogant to worship his Lord and obey him, is in a worse state of kufr than them (the mushrikeen), even though he was aware of the existence and might of Allah, just as Pharaoh was also aware of the existence of Allah. End quote.

Majmoo’ al-Fataawa, 7/633

He also said:

The view of the philosophers -- those who say that the universe is eternal and that it is dependent on that which inevitably must exist -- came from the minds and hearts of those who worshipped heavenly bodies and made images of them on Earth, such as Aristotle and his followers. This view is worse kufr and is more misguided than that of the Arab mushrikeen who believed that Allah created the heavens and the earth and everything between them in six days by His will and power, but they attribute falsely without knowledge sons and daughters to Him (cf. al-An’am 6:100) and joined others in worship with Allaah, for which He had sent no authority (cf. Aal ‘Imraan 3:151). Similarly, the permissive people, who do not believe in any command or prohibition at all and refer to the Divine will and decree as an excuse for their evil deeds, are worse off than the Jews, Christians and Arab mushrikeen, because even though the latter are kaafirs, they still believe in some kind of command and prohibition, and the promise and warning (i.e., the Hereafter), but they had partners with Allaah (false gods) who instituted for them a religion which Allaah had not ordained (cf. al-Shoora 42:21), unlike the permissive people who ignore all laws altogether. They are only pleased with whatever suits their whims and desires, and they get angry on the basis of their whims and desires; they do not get pleased for the sake of Allah, or angry for the sake of Allah, or love for the sake of Allah, or hate for the sake of Allah; they do not enjoin that which Allah has enjoined and they do not forbid that which Allah has forbidden, unless that suits their whims and desires, in which case they do it for that purpose and not as an act of obedience to their Lord. Hence they do not denounce what takes place of kufr, evil doing and sin unless it goes against their whims and desires, in which case they will denounce it, prompted by their devilish nature and not prompted by sharee’ah and love of Allah. Hence the devils plunge them deeper into error, and they never stop short (cf. al-A’raaf 7:202), and the devils may show themselves to them and address them and help them with some of their whims and desires, as the devils used to do with the mushrikeen who worshipped idols. End quote.

Majmoo’ al-Fataawa, 8/457-458.

Shaykh Ibn Baaz (may Allah be pleased with him) said: It is shirk to worship something other than Allah completely; that may be called shirk or kufr. Whoever turns away from Allah altogether and directs his worship to something other than Allah, such as trees, rocks, idols, the jinn or some of the dead, those whom they call awliya’ (“saints”), worshipping them or praying to them or fasting for them, and forgetting Allah altogether -- and this is the worst kind of kufr and shirk. We ask Allah to keep us safe and sound.

The same applies to denying the existence of Allah and saying that there is no God and life is material, like the Communists and atheists who deny the existence of Allah. These are the worst disbelievers among mankind, the most astray, the most involved in shirk and the most misguided. We ask Allah to keep us safe and sound. End quote.

Majmoo’ Fataawa Ibn Baaz, 4/32-33

He also said (may Allah have mercy on him):

Meat slaughtered by Communists is haraam and is like the meat of the Magians and idol worshippers; in fact their meat is even more haraam, because their degree of kufr is greater due to their atheism and denial of the Creator (may He be glorified and exalted) and His Messenger, and other kinds of kufr. End quote.

Majmoo’ Fataawa Ibn Baaz, 23/30

And Allah knows best.



Islam Q&A

Why death is the punishment for Apostasy

This question has bees asked several time from non-Muslims and I want to find an answer: Why When the Muslim convert to another religion(Murtad) he/she should be killed?

Praise be to Allaah.

Your question may be answered by the following points:

(1) This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: "Whoever changes his religion, kill him." (reported by al-Bukhaari, al-Fath, no. 3017).

(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah.

(3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it.

(4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed.

(5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it?

(6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as "personal freedom," so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all?

We ask Allaah for safety and health. May Allaah bless our Prophet Muhammad .




Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

Intercourse with female prisoners of war

At the present time, is it Halal to have a sexual intercourse with your Loundi (a female prisoner of war) without getting married to her?.
Praise be to Allaah.

It is not permissible for a man to have intercourse with anyone except his wife or his female slave (concubine). A wife becomes permissible after shar’i marriage and a concubine becomes permissible to the man who owns her. She may originally be a prisoner of war, and a Muslim may obtain a concubine from the ruler or commander if he took part in fighting in jihad, or if he buys her from her owner. She becomes permissible for him by virtue of his ownership after it is established that she is not pregnant by waiting for one menstrual cycle, or until she has given birth if she is pregnant.

Allaah says (interpretation of the meaning):

“And those who guard their chastity (i.e. private parts, from illegal sexual acts)

6. Except from their wives or (the slaves) that their right hands possess, ـــ for then, they are free from blame”

[al-Mu’minoon 23:5-6]

It was narrated that Abu Sa’eed al-Khudri said: The Prophet (peace and blessings of Allaah be upon him) said, concerning the prisoners of Awtaas: “Do not have intercourse with a pregnant woman until she gives birth, or with one who is not pregnant until she has menstruated once.” Narrated by Abu Dawood, 2157. This hadeeth was classed as saheeh by Shaykh al-Albaani in Irwa’ al-Ghaleel, 187.

In the answer to question no. 10382 we have stated that Islam permits a man to have intercourse with his slave woman whether he has one or more wives or he is not married.

In the answers to questions no. 5707 and 12562 it states that female prisoners of war may be distributed by the commander in jihad, because he has the choice of either distributing them, or ransoming them or setting them free.

Islam Q&A

Why is alcohol forbidden in Islam?

Intoxicants were forbidden in the Qur'an through several separate verses revealed at different times over a period of years. At first, it was forbidden for Muslims to attend to prayers while intoxicated (4:43). Then a later verse was revealed which said that alcohol contains some good and some evil, but the evil is greater than the good (2:219). This was the next step in turning people away from consumption of it. Finally, "intoxicants and games of chance" were called "abominations of Satan's handiwork," intended to turn people away from God and forget about prayer, and Muslims were ordered to abstain (5:90-91). (Note - the Qur'an is not arranged chronologically, so later verses of the book were not necessarily revealed after earlier verses.)
In the first verse cited above, the word for "intoxicated" is sukara which is derived from the word "sugar" and means drunk or intoxicated. That verse doesn't mention the drink which makes one so. In the next verses cited, the word which is often translated as "wine" or "intoxicants" is al-khamr, which is related to the verb "to ferment." This word could be used to describe other intoxicants such as beer, although wine is the most common understanding of the word.

Muslims interpret these verses in total to forbid any intoxicating substance -- whether it be wine, beer, gin, whiskey, or whatever. The result is the same, and the Qur'an outlines that it is the intoxication, which makes one forgetful of God and prayer, which is harmful. Over the years, the list of intoxicating substances has come to include more modern street drugs and the like.

The Prophet Muhammad also instructed his followers, at the time, to avoid any intoxicating substances -- (paraphrased) "if it intoxicates in a large amount, it is forbidden even in a small amount." For this reason, most observant Muslims avoid alcohol in any form, even small amounts that are sometimes used in cooking.

The forbidden price - Alcoholic Maldives

Assalaam Aleikum,Is it sinful to buy liqor or other Alcoholic drinks to non muslims? As for myself I have never even tested alcohol and would discourage other muslims from doing so
al-hamdu lillaah.

It is not permissible for a Muslim to sell wine (or any other intoxicating substance) to non-Muslims, because the Prophet (peace be upon him) said:

"Verily when Allaah forbids something, he forbids its price"

(i.e. forbids earning money from it). The Prophet also cursed ten types of people relating to the issue of wine, among them the one who sells it. In addition, selling it would be assisting and abetting people in sin and transgression, and Allaah the Almighty has said (interpretation of the meaning):

...and do not aid and abet one another in sin and transgression. (al-Maa'ida 5:2)

It is incumbent upon you to advise those who have fallen into this evil among the Muslims, that he should repent to Allah the Most Glorified and desist this practice.



Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

virtues of the first ten days of Dhu’l-Hijjah

Are the first ten days of Dhu’l-Hijjah more special than other days? What are the righteous deeds that it is recommended to do a lot of during these ten days?.
Praise be to Allaah.

Among the great seasons of worship are the first ten days of Dhu’l-Hijjah, which Allaah has favoured over other days. It was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There are no days on which righteous deeds are more beloved to Allaah than these ten days.” They said: “Not even jihad for the sake of Allaah?” He said: “Not even jihad for the sake of Allaah, unless a man goes out himself for jihad taking his wealth with him and does not come back with anything.” Narrated by al-Bukhaari, 2/457

It was also narrated from Anas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no deed that is better before Allaah or more greatly rewarded than a good deed done in the (first) ten days of al-Adha.” It was said: “Not even jihad for the sake of Allaah?” He said: “Not even jihad for the sake of Allaah, unless a man goes out himself for jihad taking his wealth with him and does not come back with anything.” Narrated by al-Daarimi, 1/357; its isnaad is hasan as stated in al-Irwa’, 3/398.

These texts and others indicate that these ten days are better than all other days of the year, with no exception, even the last ten days of Ramadaan. But the last ten nights of Ramadaan are better than the first ten nights of Dhu’l-Hijjah, because they include Laylat al-Qadr, which is better than a thousand months. See Tafseer Ibn Katheer, 5/412.

So the Muslim should start these days with sincere repentance to Allaah, then he should do a lot of righteous deeds in general, then he should pay attention to doing the following deeds:

1 – Fasting

It is Sunnah for the Muslim to fast on the first nine days of Dhu’l-Hijjah, because the Prophet (peace and blessings of Allaah be upon him) encouraged us to do righteous deeds in the first ten days of Dhu’l-Hijjah, and fasting is one of the best of deeds, which Allaah has chosen for Himself as it says in the hadeeth qudsi: “Allaah says: ‘All the deeds of the son of Adam are for him, except fasting, which is for Me and I shall reward for it.” Narrated by al-Bukhaari, 1805.

The Prophet (peace and blessings of Allaah be upon him) used to fast on the first nine days of Dhu’l-Hijjah. It was narrated from Hunaydah ibn Khaalid from his wife, that one of the wives of the Prophet (peace and blessings of Allaah be upon him) said: The Prophet (peace and blessings of Allaah be upon him) used to fast on the first nine days of Dhu’l-Hijjah and the day of ‘Ashoora’, and three days each month, the first Monday of the month and two Thursdays. Narrated by al-Nasaa’i, 4/205 and by Abu Dawood; classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2/462.

2 – Reciting tahmeed, tahleel and takbeer a great deal

It is Sunnah to recite takbeer (saying Allaahu akbar (Allaah is most great)), tahmeed (saying al-hamdu Lillah (praise be to Allaah)), tahleel (saying Laa ilaaha ill-Allaah (There is no god but Allaah)) and tasbeeh (saying Subhaan-Allaah (Glory be to Allaah)), during the first ten days of Dhu’l-Hijjah, saying these words out loud in the mosques, homes, streets and every place in which it is permissible to remember Allaah, to perform this act of worship openly and proclaim the greatness of Allaah.

Men should recite out loud and women should recite quietly.

Allaah says (interpretation of the meaning):

“That they may witness things that are of benefit to them (i.e. reward of Hajj in the Hereafter, and also some worldly gain from trade), and mention the Name of Allaah on appointed days, over the beast of cattle that He has provided for them (for sacrifice)”

[al-Hajj 22:28]

The majority are of the view that the “appointed days” are the first ten days of Dhu’l-Hijjah, because it was narrated from Ibn ‘Abbaas (may Allaah be pleased with him) that the appointed days are the first ten days of Dhu’l-Hijjah.

It was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There are no days that are greater before Allaah or in which good deeds are more beloved to Him, than these ten days, so recite a great deal of tahleel, takbeer and tahmeed during them.” Narrated by Ahmad, 7/224; its isnaad was classed as saheeh by Ahmad Shaakir.

The takbeer is as follows:

Allaah akbar, Allaahu akbar, laa ilaaha ill-Allaah, Allaahu akbar, wa Lillaah il-hamd (Allaah is Most Great, Allaah is Most Great, there is no god but Allaah; Allaah is Most Great and to Allaah be praise).

And there are other versions.

This takbeer has become a forsaken Sunnah nowadays, especially at the beginning of these ten days. You can hardly hear it except from a few. It should be recited out loud, so as to revive the Sunnah and remind the heedless. It was proven that Ibn ‘Umar and Abu Hurayrah (may Allaah be pleased with them both) used to go out to the marketplace during the first ten days of Dhu’l-Hijjah, reciting the takbeer our loud, and the people would recite takbeer when they heard them, i.e., the people would remember the talkbeer and each one would recite it by himself; it does not mean that they recited in unison – that is not prescribed in sharee’ah.

Reviving Sunnahs that have been forgotten brings a great deal of reward, as is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever revives one of my Sunnahs that has died out after I am gone, will have a reward like that of everyone who does it, without that detracting from their reward in the slightest.” Narrated by al-Tirmidhi, 7/443; this hadeeth is hasan because of corroborating reports.

3 – Doing Hajj and ‘Umrah

One of the greatest deeds that can be done during these ten days is Hajj to the sacred House of Allaah. Whoever Allaah helps to go on Hajj to His House and do the rituals in the required manner will – in sha Allaah – be included in the words of the Messenger of Allaah (peace and blessings of Allaah be upon him): “An accepted Hajj brings no less a reward than Paradise.”

4 – Udhiyah (sacrifice)

One of the righteous deeds that bring a person closer to Allaah in these ten days is to slaughter the sacrifice and to look for a good, fat animal and to spend money on it for the sake of Allaah.

Let us hasten to make the most of these great days, before the negligent regrets what he did, and before he asks to go back and receives no response.



Islam Q&A

Why has Islam continued to be so successful in the modern world?

Praise be to Allaah.

Islam continues to be successful in the developed world, and elsewhere, because its call is in accordance with the fitrah or natural inclinations of mankind, and it advocates the best of human values, such as tolerance, love, mercy, truthfulness and sincerity.

Islam educates people and lifts them up to righteous conduct, good manners and virtue. Its call is distinguished from others by its realism, balance and moderation. Islam pays due attention to both the soul and the body. It neither suppresses physical desires nor allows extravagance in this regard; it makes a distinction between the natural inclination to enjoy the pleasures of this world and forbidden desires that come under the heading of depravity and perversion.

People embrace Islam because they find security, comfort and peace in it, they see a cure for their problems in it, and through it they are able to get rid of their feelings of confusion, anxiety and loss.

Islam is the religion of the fitrah, the natural inclination or pattern on which Allaah has created mankind. For this reason, people of sound minds and upright inclinations embrace Islam, as Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘There is no child who is not born in a state of fitrah (i.e., Islam), then his parents make him into a Jew, a Christian or a Magian (Zoroastrian), just as animals produce whole animals (i.e., the animals are born perfect with no part of their bodies missing). Do you find any born with their ears cut off?’” Then Abu Hurayrah (may Allaah be pleased with him) said: “ ‘… Allaah’s handiwork according to the pattern on which He has made mankind: no change (let there be) in the work (wrought) by Allaah: that is the Standard Religion…’ [al-Room 30:30 – interpretation of the meaning – Yusuf Ali’s translation].” (Reported by al-Bukhaari, 1359). What is meant is that Allaah has created mankind with the potential to learn the truth, accept Tawheed (pure monotheism) and submit to Allaah. Their natural inclination is to learn Islam and love it, but a bad education, a kaafir (disbelieving) environment, their own whims and desires and the devils among jinn and mankind turn them away from the truth. Mankind is basically inclined towards Tawheed (pure monotheism), as the Prophet (peace and blessings of Allaah be upon him) reported that his Lord (Allaah) said: “I created all my slaves as ‘hunafa’ (pure monetheists), but the devils turned them away from their religion.” (Reported by Muslim). For this reason the one who becomes a Muslim after having been a disbeliever is described as having “reverted” to Islam, as this is more correct than saying that he “converted.” When Islam enters a country where there is no nationalism or great legacy of jaahiliyah (ignorance), it spreads quickly because of its strength and the small number of obstacles. You may also see that Islam is suitable for all people, educated and uneducated, male and female, old and young; everyone finds in it what he wants and needs. Those who become Muslim in developed countries realize what their country’s civilization and laws, which have been fabricated from men’s whims and desires, have done to them, and they realize the extent of the misery in which people in developed countries are living. They see how prevalent psychological illnesses, nervous breakdowns, insanity and suicides are, despite the technological advances and great number of discoveries and inventions and modern systems of management. This is because all of that is concerned only with the physical and the outward, but it neglects the inward and fails to nourish and nurture the heart and soul. Allaah says of these people (interpretation of the meaning): “They know only the outside appearance of the life of the world, and they are heedless of the Hereafter.” [al-Room 30:7]

Islam will continue to succeed, with the permission of Allaah, so long as those who work for its sake are sincere and its followers adhere to it and believe in it, and apply its laws.

The fact that there are those who are not committed or who fall short will not prevent Islam from succeeding, with the permission of Allaah, and nothing can distort its beauty. Its light will not falter because some people abandon it or fail to adhere to it. What Islam has given humanity in the way of progress and civilization, and lifting them up from the darkness of oppression and enmity, is pride enough.


Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

What is the ruling on the crime of rape in Islam?.

What is the ruling on the crime of rape in Islam?.

Praise be to Allaah.

The Arabic word ightisaab refers to taking something wrongfully by force. It is now used exclusively to refer to transgression against the honour of women by force (rape).

This is an abhorrent crime that is forbidden in all religions and in the minds of all wise people and those who are possessed of sound human nature. All earthly systems and laws regard this action as abhorrent and impose the strictest penalties on it, except a few states which waive the punishment if the rapist marries his victim! This is indicative of a distorted mind let alone a lack of religious commitment on the part of those who challenge Allaah in making laws. We do not know of any love or compassion that could exist between the aggressor and his victim, especially since the pain of rape cannot be erased with the passage of time – as it is said. Hence many victims of rape have attempted to commit suicide and many of them have succeeded, The failure of these marriages is proven and they are accompanied by nothing but humiliation and suffering for the woman.

Islam has a clear stance which states that this repugnant action is haraam and imposes a deterrent punishment on the one who commits it.

Islam closes the door to the criminal who wants to commit this crime. Western studies have shown that most rapists are already criminals who commit their crimes under the influence of alcohol and drugs, and they take advantage of the fact that their victims are walking alone in isolated places, or staying in the house alone. These studies also show that what the criminals watch on the media and the semi-naked styles of dress in which women go out, also lead to the commission of this reprehensible crime.

The laws of Islam came to protect women's honour and modesty. Islam forbids women to wear clothes that are not modest and to travel without a mahram; it forbids a woman to shake hands with a non-mahram man. Islam encourages young men and women to marry early, and many other rulings which close the door to rape. Hence it comes as no surprise when we hear or read that most of these crimes occur in permissive societies which are looked up to by some Muslims as examples of civilization and refinement! In America – for example – International Amnesty stated in a 2004 report entitled “Stop Violence Against Women” that every 90 seconds a woman was raped during that year. What kind of life are these people living? What refinement and civilization do they want the Muslim women to take part in?

The punishment for rape in Islam is same as the punishment for zina, which is stoning if the perpetrator is married, and one hundred lashes and banishment for one year if he is not married.

Some scholars also say that he is required to pay a mahr to the woman.

Imam Maalik (may Allaah have mercy on him) said:

In our view the man who rapes a woman, whether she is a virgin or not, if she is a free woman he must pay a “dowry” like that of her peers, and if she is a slave he must pay whatever has been detracted from her value. The punishment is to be carried out on the rapist and there is no punishment for the woman who has been raped, whatever the case. End quote.

Al-Muwatta’, 2/734

Shaykh Salmaan al-Baaji (may Allaah have mercy on him) said:

In the case of a woman who is forced (raped): if she is a free woman, the one who forced her must pay her a “dowry” like that of her peers, and the hadd punishment is to be carried out on him. This is the view of al-Shaafa’i, and it is the view of al-Layth, and it was also narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him).

Abu Haneefah and al-Thawri said: the hadd punishment is to be carried out on him but he is not obliged to pay the “dowry”.

The evidence for what we say is that the hadd punishment and the “dowry” are two rights, one of which is the right of Allaah and the other is the right of the other person. So they may be combined, as in the case of a thief whose hand is cut off and he is required to return the stolen goods. End quote.

Al-Muntaha Sharh al-Muwatta’, 5/268, 269

Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:

The scholars are unanimously agreed that the rapist is to be subjected to the hadd punishment if there is clear evidence against him that he deserves the hadd punishment, or if he admits to that. Otherwise, he is to be punished (i.e., if there is no proof that the hadd punishment for zina may be carried out against him because he does not confess, and there are not four witnesses, then the judge may punish him and stipulate a punishment that will deter him and others like him). There is no punishment for the woman if it is true that he forced her and overpowered her, which may be proven by her screaming and shouting for help. End quote.

Al-Istidhkaar, 7/146

Secondly:

The rapist is subject to the hadd punishment for zina, even if the rape was not carried out at knife-point or gun-point. If the use of a weapon was threatened, then he is a muhaarib, and is to be subjected to the hadd punishment described in the verse in which Allaah says (interpretation of the meaning):

“The recompense of those who wage war against Allaah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off from opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter”

[al-Maaidah 5:33]

So the judge has the choice of the four punishments mentioned in this verse, and may choose whichever he thinks is most suitable to attain the objective, which is to spread peace and security in society, and ward off evildoers and aggressors.

See also question no. 41682

And Allaah knows best.

Islam Q&A