Reading the Quran during Menstruation

I bought a book by Dr. Abu Ameenah Bilal Philips a very long time ago called
"Islamic Rules On Menstruation and Post-Natal Bleeding"

As I was going through the book, I came across the section that discussed the reading of the Quran by women in their periods.

I was quite suprised to see that he Quoted Ibrahim an-Nakhai as saying that there was no evidence to suggest that a women in her menses cant recite the Quran. AllahuAlum.

In a detailed explantion to this, there was a huge footnote. In this he says that even Imam Bukhari was of this opinion, again Allahu Alum if this was the case. Any way, he then goes on to show a Hadith in which reading the Quran was not allowed, and then claims that this Hadith is weak. He goes on and on. SubhanAllah.

In the copy of the book I have, I have marked it and kept it for reference. AllahuAkbar, this is all I need to show someone when they tell me that they are interested in becomming a Salafi. First I pose the question about touching the Quran without Wudhu, see what they say, then hit them with this book. (Comment removed.....)..So easy.

Below is an answer to the same question from another Salafi point of view.
SubhanAllah what a difference of opinion. The answer starts of very well with the evidence provided, but then....towards the bottom, it all starts to go down hill.
Please correct me if I am wrong.

http://www.islam-qa.com/en/cat/40

Reading Qur’aan during menses

Q. Is it permissible to read Quran while a women is having mensus (periods)?

A. Praise be to Allaah.

This is one of the issues on which the scholars, may Allaah have mercy on them, differed.

The majority of fuqahaa’ say that it is haraam for a woman to recite Qur’aan during her period, until she is taahir (pure) again. The only exceptions they make is in the case of dhikr (remembrance of Allaah) and phrases that are not intended as tilaawah (recitation), such as saying “Bismillaahi’r-Rahmaani’r-Raheem” or “Innaa Lillaahi wa innaa ilayhi raaji’oon”, or other phrases from the Qur’aan which are repeated as general du’aa’s.

They base their evidence for forbidding menstruating women to recite Qur’aan on several things, including the following:

Menstruation is seen as coming under the rulings that apply to one who is junub (in a state of impurity following sexual intercourse), because both states require ghusl. This is based on the hadeeth narrated by ‘Ali ibn Abi Taalib (may Allaah be pleased with him), according to which the Messenger of Allaah (peace and blessings of Allaah be upon him) used to teach the Qur’aan and he never prevented anyone from learning it except those who were in a state of janaabah (impurity).” (Reported by Abu Dawood, 1/281; al-Tirmidhi, 146; al-Nisaa’i, 1/144; Ibn Maajah, 1/207; Ahmad, 1/84; Ibn Khuzaymah [??], 1/104. Al-Tirmidhi said: a saheeh hasan hadeeth. Al-Haafiz ibn Hajar said: the truth is that it is the type of hasan hadeeth that could be used as evidence).

The hadeeth of Ibn ‘Umar (may Allaah be pleased with them both), according to which the Prophet (peace and blessings of Allaah be upon him) said: “The menstruating woman and the one who is in a state of impurity (janaabah) should not recite anything of the Qur’aan.” (Reported by al-Tirmidhi, 131; Ibn Maajah, 595; al-Daaraqutni (1/117); al-Bayhaqi, 1/89. This is a da’eef hadeeth, because it was reported by Ismaa’eel ibn ‘Ayyaash from the Hijaazis, and his reports from them are da’eef as is well known to those who are conversant with the study of hadeeth. Shaykh al-Islam Ibn Taymiyah said (21/460): it is a da’eef hadeeth by the unanimous agreement of the scholars of hadeeth. See Nasb al-Raayah, 1/195; al-Talkhees al-Habeer, 1/183).

Some scholars say that it is permitted for a menstruating woman to recite Qur’aan. This is the opinion of Maalik, and one opinion narrated from Ahmad, which Ibn Taymiyah preferred and which al-Shawkaani believed to be correct. The scholars based the following points on this opinion:

The principle is that things are allowed and permitted unless there is evidence to the contrary. There is no such evidence to say that a menstruating woman is not allowed to recite Qur’aan. Shaykh al-Islam Ibn Taymiyah said: “There is no clear, saheeh text to indicate that a menstruating woman is forbidden to recite Qur’aan… It is known that women used to menstruate at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), and he did not forbid them to recite Qur’aan, or to remember Allaah (dhikr) and offer du’aa’.”

Allaah, may He be glorified and exalted, commands (Muslims) to recite Qur’aan. He praises the one who does so, and promises him (or her) a great reward. No one is excluded from this except the one concerning whom there is solid evidence (daleel), and there is no such evidence in the case of menstruating women, as stated above.

The analogy between the menstruating woman and the one who is in a state of janaabah is made despite the fact that there are differences between them. The one who is in a state of janaabah has the option of removing the “barrier” by making ghusl, unlike the menstruating woman. A woman’s period usually lasts for some length of time, whereas the person who is in a state of janaabah is required to do ghusl when the time for prayer comes.

Preventing a menstruating woman from reciting Qur’aan deprives her of the chance to earn reward, and it may make her forget something of the Qur’aan, or she may need to recite it for the purposes of teaching or learning.

From the above, it is clear that the evidence of those who allow a menstruating woman to recite Qur’aan is stronger. If a woman wants to err on the side of caution, she can limit her recitation to the passages which she is afraid of forgetting.

It is very important to note that what we have been discussing here is restricted to what a menstruating woman recites from memory. When it comes to reading from the Mus-haf (the Arabic text itself), a different rule applies. The correct view of the scholars is that it is forbidden to touch the mus-haf when one is in any kind of state of impurity, because Allaah says (interpretation of the meaning): “… which none can touch except the purified.” [al-Waaqi’ah 56:79]. In a letter to ‘Amr ibn Hazm, the Prophet (peace and blessings of Allaah be upon him) told the people of Yemen: “No one should touch the Qur’aan except one who is taahir (pure).” (Reported by Maalik, 1/199; al-Nisaa’i, 8/57; Ibn Hibbaan, 793; al-Bayhaqi, 1/87. Al-Haafiz ibn Hajar said: A group of scholars classed this hadeeth as saheeh because it is so well known. Al-Shaafi’i said: It is proven by them that it was a letter sent by the Messenger of Allaah (peace and blessings of Allaah be upon him). Ibn ‘Abd al-Barr said: “This letter is famous among the scholars of seerah, and is so well known among the scholars that it does not need an isnaad. It is like tawaatur because the people accepted and recognized it. Shaykh al-Albani said that its is saheeh. Al-Talkhees al-Habeer, 4/17. See also: Nasb al-Raayah, 1/196; Irwaa’ al-Ghaleel, 1/158).

(Haashiyat Ibn ‘Aabideen, 1/159; al-Majmoo’, 1/356; Kashshaaf al-Qinaa’, 1/147; al-Mughni, 3/461; Nayl al-Awtaar, 1/226; Majmoo’ al-Fataawaa, 21/460; al-Sharh al-Mumti’ li’l-Shaykh Ibn ‘Uthaymeen, 1/291)

And Allaah knows best.

Sheikh Muhammed Salih Al-Munajjid

Its a shame Dr. Zakir Naik doesnt have the same opinion with regards to touching the Quran. (Last Paragraph)

Umm Khawla wrote on 07/10/2010:

"Game, set, match....easy." Why does it have to be a game? Aren't Muslims supposed to seek the truth and that which has the stronger opinion no matter where such opinion came from? Salafi's, Maliki's, Hanafi's, Shaafi'ees....aren't they supposed to be ALL Musims? Which brings me to ask...what do you reckon the companions of the Prophet salallahu alayhi wa salam were-- Hanafi? Maliki? Hanbali? Shaafiee? What methodology do they follow?

Reply:

Thank You. Good point about the my silly comment. I will have it removed ASAP. But in all reality, people are playing with their Deen. Yes they are all Muslims, InshaAllah.

(Please see my other blogs on Qiyas, Taqleed and The Persians for a better understanding, InshaAllah)
Hadhrat Abu Bakr(RA) gave Fatwa and made it clear that it was his Ijtihad and view. The people followed the school of Abu Bakr(RA)

Hadhrat Umar(RA) gave fatwaa from his Ijtihad and view. On one occasion he sent a message to his judges that they also make Ijtihad when passing a ruling if it was not clear from Quran & Sunnah or amongst the senior Sahaba.

Hadhrat Uthmaan(RA) took pledge of Khilafat on the condition that he follow the previous Khalifas.

Hadhrat Ali(RA) used to say "I am making Ijtihad on my view"

Many of the Fatawa of the Khulafa-e-Rashedeen appear in "Musannif ibn Abi Shaibah"

The Prophet (SAW) sent Hadhrat Ma'aaz(RA)to Yemen where he applied Ijtihad to solve many Issues. The entire population of Yemen followed the school of Ma'aaz(RA). He was the Imam for Yemen.

Hadhrat Adbullah ibn Abbas(RA) resided in Makkah, many of his fatwas are listed in"Musannif Abdur Razzaq! & "Musannif ibn Abi Shaiba". The School of thought for Hadhrat Abdullah ibn Abbas(RA) was dominent in Makkah.

Hadhrat Zaid ibn Thabit(RA) resided in Madina. He passed his fatwas there from his understanding of the Quran & Sunnah and from the teachings of the Senior Sahaba(RA).

Hadhrat Anas(RA) was followed in Basra.

Hadhrat Abdullah ibn Masood(RA) was sent to Kufa by Hadhrat Umar(RA) to be the teacher of Kufa. He was followed in Kufa.

On many occasions, proof was not given as they did not give their opinions from their desires, but they gave their rulings from the understanding of the Deen they had learnt from the Prophet(SAW)

During the era of the Tabi'een, many people used to go to Makkah for Hajj. The Khalifa of the time would make the following announcement: "No one is to pass a Fatwa except these two Imams" (Hadhrat Ata ibn Abi Rabaah and Hadhrat Mujahid (RA). Thousands of the Fatawa passed by these two appear with no proofs mentioned with these rulings. All the Tabi'een and the Tabe Tabi'een used to practice upon these rulings without any objection or question

During the era of the Tabi'een, different areas were following different schools.
In Makkah it was the school Hadhrat Ata bin Abi Rabaah
In Madina it was the school of Nafi Mowla ibn Umar
In Basra it was the school of Hassan al Basri
In Kufa it was the school of Ibrahim an-Nakha'i
In Yemen it was the school of Tawoos
In Yamama it was the school of Yahya ibn Abi Katheer
In Sham it was the school of Makhool
In Iraq it was the school of Maimoon bin Mehran
In Khurasaan it was the school of Dahaak

In every city, the people would follow that particular school and on many occasions without any proof.
All this was before the four Imams.
This does not mean the Hadith was not there or the information was not gathered.

So to put it all together and answer your query of who the Companions followed:
The Sahaba followed the Prophet (SAW) and took from the Quran & Sunnah Directly and so too did the four Imams. But....Allah says in the Quran "In the Sight of Allah only Islam is accepted (Sura 13/ Verse 9).
The Prophet (SAW) left behind the Quran and the Sunnah, and the Sahaba, who were living examples of Islam, with whom Allah is happy with. The Prophet (SAW) said "hold fast to Sunnat and the Sunnat of the Khulafa e Rashedeen" (Tirmidhi, Abu Dawud, ibn Majah etc). He also said "My Sahaba are like Stars, whomsoever you follow, you will be rightly guided" (Mishkat).

Islam Began to Spread far & wide, thus 2 periods past, the period of the Prophet (SAW) and the period of the Sahaba. During the latter time of the Sahaba, Imam Abu Hanifa grew up and met some Sahaba also. In this era, the complitaion of jurisprudence, the systematic settings of laws, rules, regulations on every subject of Deen, the arguments of jurisprudic priciples were codified (later completed by his Students & other Imams of Fiqh). The delibration of every aspect of life, be it, political, social, economical took place. All this was done in the light of Quran and Sunnah (Because the Sahaba and Tabi'een were daily narrating Hadith & reading the Quran. This was not done from heresay or from the air, or by following whims and desires like they are accused of doing). In the time of Imam Abu Hanifa, a group of 40 Chosen, top ranking Ulama would discuss, delibrate and contemplate each law, rule and regulation before it was noted in registers. Delibration from every angle would take place before it was noted. Hence approximately 1.3 million masa'il were listed. (1,300,000) (we are not in the position to take out the strongest opinion, no matter which scholar tries, they are not of the calibre)

The other great Imams of fiqh followed, then the Imams of Hadith began their tremendous and marvellous task of complitaion and codification of the Hadith.

We have now completed 4 periods. 1. The era of The Prophet (SAW), 2. The era of the Sahaba, 3. The era of the Imams of Fiqh, 4. The Imams of Hadith.

Thus, The Quran & Sunnat came first followed by the schools of thought which explained the Sunnah in detail, then the compilation of the Hadith.

There were many Imams of Fiqh but only four survived. These four reached us because, they were codified properly and they had students prepared to continue the transmission of the four schools and finally because Allah desired so. The four schools contain the entire life of our Prophet (SAW).

Muslims are supposed to seek the truth, you name me one scholar in the last 200 years that was capable of making his own Ijtihad after seeing and studying all the schools with all the evidence they have provided do you even think they can pull out the strongest opinion to fit around the other rulings they had passed. Some of them differed in their opinions, but they all had valid reasons. Each ruling they had passed was in conjunction with another rule for that subject, for each school, every thing fits in perfectly. The Greatest Scholars of Islam have already done all this work for us. There are no new Hadith that will come. There is no need to reinvent the wheel. The deen is perfect. There is no need for people to start giving absurd views and start misleading people. It is unbelievable that sometimes even something that is commen sense, others would like to prove them wrong.

Thank you for your comment, It has also given me the opportunity to write out this comment with such detail that I can now create a whole new blog from this. Jazakallah.

Finally as my favourite speaker on comparative religion, Dr Zakir Naik would say, "I hope that answers your question"