There are many explanations about the morning prayer/salah; given in verses, through hadiths that confirm the Messenger of Allah’s application. One of the related verse is:

أَقِمِ الصَّلاَةَ لِدُلُوكِ الشَّمْسِ إِلَى غَسَقِ اللَّيْلِ وَقُرْآنَ الْفَجْرِ إِنَّ قُرْآنَ الْفَجْرِ كَانَ مَشْهُودًا

Establish salah from the declining of the sun till the darkening at the sky and during the condensation at fajr; surely condensation at fajr is visible. (Surat Al-’Isrā’ 17/78)

Related part of the verse that creates the conception is “condensation at fajr (dawn) “. Condensation means the word as قرآن (Qur’an). Because Qur’an means as collected(gathered) thing(1). Fajr (الْفجْر) as a name means that in the early morning, ruddiness(2) of the sun is reaching the eastern horizon. The dawn means that the brightness at the sky in the morning. Also it is called as subh(3) =الصُّبْح subh =  الصُّبْح, means the ruddiness. As an example ruddiness at the hair is الصَّبَحُ = sabah(4), ruddy and white color mixed tone at the  hair is aslana asbah(5)= الأَصْبَحُ. All these points out that condensation at the morning is the light of ruddiness; it is called mash’hood (مشهود) at the verse because it can be seen with eye.

Fajr (الْفجْر) as being the infinitive means that split, drain and flush(6). At the end of the night, beams of the sun start to flush. These look like, single file narrow pipes arranged to flush water so that they create the dome of weak lights. Colors of ruddy and white lights integrate in darkness of the night. Colors start to separate and become clear as the sun gets close to the horizon. After that, condensation of a light appears like waters are flushing out of the pipes which creates a pooling at underneath. At the verses qur’ân’al-fajr =قُرْآنَ الْفَجْرِ   means the condensation of ruddy lights. If this condensation does not appear that means the time  has not come; that is why after the fake dawn (al-fajr al-kazib), it is called as the real dawn (al-fajr as-sadiq)(7). Words of the Messenger of Allah indicates this situation:  

ليس الفجر المستطيل في الأفق ولكنه المعترض الأحمر

The brightness, reaching up at the horizon is not fajr. Fajr, is the ruddiness that spreads transversely(8).

This hadith, is another explanation of the verse at above. Meanwhile, white lights are coming from the sun are well focused and the second line appears above the ruddiness.

This verse means as white and black lines appear with condensation of ruddiness at the horizon.

و كلوا واشربوا حتى يتبين لكم الخيط الأبيض من الخيط الأسود من الفجر

Due to fajr(ruddiness), consider the dark line separates completely from the white line, until then you eat and drink. (Surat Al-Baqarah 2/187)

A white line appears over the ruddiness which is condensing and extending at the both sides of the eastern horizon. Meanwhile, between an observer and the horizon is like a black lane. Ruddiness, fills the top corner of the black line. The Messenger of Allah remarks this as follows:

         … فَكُلُوا وَاشْرَبُوا حَتَّى يَعْتَرِضَ لَكُمُ الْأَحْمَر

 (Eat and drink until the ruddiness is spreading transversely, for you..(9

                … صَلَّى الْفَجْرَ حِينَ بَرَقَ الْفَجْرُ وَحَرُمَ الطَّعَامُ عَلَى الصَّائِمِ …

Gabriel did imamate to me near the Kaaba twice… when the ruddiness glow, and at the hours of fasting, when drinking and eating were prohibited…(10) 

Samra ibn Jundab (was a sahabah) informs that the Messenger of Allah said this:

“لَا يَغُرَّنَّكُمْ نِدَاءُ بِلَالٍ وَهَذَا الْبَيَاضُ حَتَّى يَنْفَجِرَ الْفَجْرُ، أَوْ يَطْلُعَ الْفَجْرُ”

Don’t let sound of Bilal and this  whiteness(brightness) to fool you; ruddiness flushes and rises(11).

According to all these verses and hadiths, two type of fajrs/dawns appear, one before the condensation of ruddiness and the other one is afterwards. The Messenger of Allah said these words to make us easier to separate these type of two fajrs.

“كُلُوا وَاشْرَبُوا وَلَا يَهِيدَنَّكُمْ السَّاطِعُ الْمُصْعِدُ، فَكُلُوا وَاشْرَبُوا حَتَّى يَعْتَرِضَ لَكُمُ الْأَحْمَرُ“

You eat and drink; don’t get affected by reaching up of the brightness; until you see the ruddiness is spreading – you eat and drink(12).

As-sâti’ السَّاطِعُ word at the hadith indicates: thunder, dust, brightness and smell kind of thing which is spreading and rising(13); al-mus’id الْمُصْعِدُ means as the climbing thing(14). So that, first fajr is the continuously rising of brightness; second fajr is group of ruddy colored lights that divide the brightness from the below at the horizon contiguously. This separation is well explained in the following verse:

 فَالِقُ الإِصْبَاحِ وَجَعَلَ اللَّيْلَ سَكَنًا وَالشَّمْسَ وَالْقَمَرَ حُسْبَانًا ذَلِكَ تَقْدِيرُ الْعَزِيزِ الْعَلِيمِ

It is Him, who divides the morning, makes the night as resting time, executes the sun and moon for the appropriate account. These are the measurement put by the Almighty, All Knowing

          (Surat Al-’An`ām 6/96)

Al-ısbâh = الْإِصْباحِas an infinitive means that “entering the morning”. الصَّبَحُ = sabah basically means the ruddiness(15) so that ısbah is “entering the time with condensed ruddiness”. As a word, it explains before and after the ruddiness. Fâliq’ul-ısbâh = فالق الإِصباح, This means the division of lights.

If verses and hadiths don’t divide the morning in two, we could start with the first lights. It is called fajr-i kâzib because praying time does not start with the first lights. This verse shows the tones of the lights at the fajr.

وَالصُّبْحِ إِذَا أَسْفَرَ

It appears there, the time and ruddiness get sworn in. (Surat Al-Muddaththir 74/34)

Sefer = سفر,  means the opening and appearance(16). In arabic language esfere’s-subhu = أَسْفَرَ الصبح words used to explain that there wont be any doubt about brightening at the eastern horizon(17). It shows the importance when Allah swears for something. At the same time the most important thing is the time of morning prayer/salah. The Messenger of Allah gives another example of this verse through this hadith:

  … صَلَّى الْفَجْرَ حِينَ بَرَقَ الْفَجْرُ وَحَرُمَ الطَّعَامُ عَلَى الصَّائِمِ …

Gabriel did imamate to me near the Kaaba twice… when the ruddiness glow, and at the hours of fasting while drinking and eating were prohibited… (18) 

نور بالفجر قدر مايبصر القوم مواقع نلهم.

Wait until the ruddiness spreads, that is where people see the fall of arrows(19).

Given news from Abu Musa al-Eş’ârî  backs up this report/rumor.

فأقامَ الفَجْرَ حين انشقَّ الفجْرُ، والنّاس لا يكادُ يعرفُ بعضُهُمْ بعْضاً.

The Messenger of Allah performed the morning salah during the ruddiness was spreading. The people almost won’t be able to recognize each other. (Muslim)

At this hour the sun rays are lightening like a lantern at the horizon. “The people almost won’t be able to recognize each other” this points out that because of the lights are spreading, people are able to recognize each other. Another news that backs up this as:

حَدَّثَنَا أَبُو الْمِنْهَالِ عَنْ أَبِي بَرْزَةَ كَانَ النَّبِيُّ صَلَّى اللَّهم عَلَيْهِ وَسَلَّمَ يُصَلِّي الصُّبْحَ وَأَحَدُنَا يَعْرِفُ جَلِيسَهُ

His words transferred from Abu’l-Minhâl, Abû Barza are:

“When the Messenger of Allah (pbuh) was performing the salah, every each of us recognized by who sat next to us”.  (Bukhârî)

So that the appearance of brightness from the horizon is reaching inside the masjid. Abu Jafar al-Tabârî, in his sahih note from Ibrahim an-Nehâî’, transfers these words:

There was no such a illumination as Muhammad(pbuh) and his companions agreed upon(20). Illumination is the spreading of brightness which enables to see(21). This shows that brightness is spreading at the secondary fajr.

Verses at the below indicates this kind of brightness:

اِنَّا بَلَوْنَاهُمْ كَمَا بَلَوْنَاۤ اَصْحَابَ الْجَنَّةِ اِذْ اَقْسَمُوا لَيَصْرِمُنَّهَا مُصْبِح۪ينَ  وَلَا يَسْتَثْنُونَ  فَطَافَ عَلَيْهَا طَاۤئِفٌ مِنْ رَبِّكَ وَهُمْ نَاۤئِمُونَ  فَاَصْبَحَتْ كَالصَّر۪يمِ  فَتَنَادَوْا مُصْبِح۪ينَ  اَنِ اغْدُوا عَلٰى حَرْثِكُمْ اِنْ كُنْتُمْ صَارِم۪ينَ  فَانْطَلَقُوا وَهُمْ يَتَخَافَتُونَ  اَنْ لَا يَدْخُلَنَّهَا الْيَوْمَ عَلَيْكُمْ مِسْك۪ينٌ  وَغَدَوْا عَلٰى حَرْدٍ قَادِر۪ينَ  فَلَمَّا رَاَوْهَا قَالُوۤا اِنَّا لَضَاۤلُّونَ  بَلْ نَحْنُ مَحْرُومُونَ

We made those pass through, as we made orchard owners pass from the wearing examination. They were determined to recruit its crops in the morning. They were not thinking any other option. While they were sleeping, a strike hit from your Lord, and the orchard has been topsy turvy. At the morning hour they called to each other: “if you are going to recruit, go to your field early”. They immediately headed off; they were whispering in between:”No desperate one shall enter beside you today” They put the rule, they were going with determination. When they see the orchard, “We came to the wrong(after realizing the truth), No, we were bereaved”, They said. (Surat Al-Qalam 68/17-27)

Fajr at the end of the night is like the dawn at the beginning(22). The verse at the below, points out the symmetry in between times of the morning and night salah:

فَسُبْحَانَ اللَّهِ حِينَ تُمْسُونَ وَحِينَ تُصْبِحُونَ

“When you enter the night and reach the morning, glorify Allah”(perform salah)(Surat Ar-Rūm 30/17)

Views of Madhhabs:

According to Hanafi madhhab fajr is the brightness that spreads at the horizon.(23) At this time there won’t be any doubt of the horizon is well opened(24).

Imam Malik Ibn Anas gave this answer to a question: “I am thinking about it for quite some time: There is a rising brightness that appears before the fajr but until the brightness which spreads at the horizon transversely that doesnt stop the fasting person from eating. As an example after the disapperance of ruddiness at the sunset leaves the brightness that does not stop a person from performing the salah of Isha’a.(25)

From Hanbali Ibn Qudamah says: Morning hour, starts with the secondary fajr; there is ijma at this topic. News about this topic definetly shows it. Secondary fajr is, the brightness that spreads at the horizon. It is called fajr-i sâdık. Because it gives you right and accurate information about the morning. Subh, unites ruddiness and whiteness. That is why it is called asbah= أَصْبَحَ to the one who has white and ruddy mixed color skin(26).

Imam Şafi’i says: The morning salah can be performed when the secondary fajr appears transversely. If a person established the salah when the fajr did not become clear transversely, he can redo it when he is certain about the apperance which is obvious, but he should finish the salah while there is the twilight(27).

Abu’l-Fadl Saleeh who is the son of Ahmad Ibn Hanbal, asks his father: what is the fajr that prohibits eating and drinking and makes them haraam. Ahmad ibn Hanbal says:  There are two fajrs; one of them is linear, the other one is cross-wise. The fajr that goes cross-wise makes eating and drinking as haraam(28).

Accordingly, the act of a person transferring a text he/she has written, to another place is naskh. Such person removes part of that text, modifies another, and copies the exact wording of the most of the text. The second version abrogates and supersedes the first one. The last book of Allah is revealed so as to supersede the preceding ones. Allah did not transfer part of the provisions in previous books to His last Book, replaced part thereof with better orders, and literally transferred most of them as they are. Allah (SWT) commands:

شَرَعَ لَكُمْ مِنَ الدِّينِ مَا وَصَّى بِهِ نُوحًا وَالَّذِي أَوْحَيْنَا إِلَيْكَ وَمَا وَصَّيْنَا بِهِ إِبْرَاهِيمَ وَمُوسَى وَعِيسَى أَنْ أَقِيمُوا الدِّينَ وَلَا تَتَفَرَّقُوا فِيهِ.

“He has ordained for you that religion which He commended unto Noah, and that which We reveal to you (Muhammad), and that which We commended unto Abraham and Moses and Jesus, saying: Keep up the religion, and be not divided therein. ” (Ash-Shura/ Consultation 42:13)

There are new verses in Quran. These alleviated the provisions that existed in the previous scriptures. Allah (SWT) commands:

الَّذِينَ يَتَّبِعُونَ الرَّسُولَ النَّبِيَّ الْأُمِّيَّ الَّذِي يَجِدُونَهُ مَكْتُوبًا عِنْدَهُمْ فِي التَّوْرَاةِ وَالْإِنْجِيلِ يَأْمُرُهُمْ بِالْمَعْرُوفِ وَيَنْهَاهُمْ عَنِ الْمُنْكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي كَانَتْ عَلَيْهِمْ.
“Those who follow the messenger, the Prophet who can neither read nor write, whom they will find described in the Torah and the Gospel (which are) with them. He will enjoin on them that which is right and forbid them that which is wrong. He will make lawful for them all good things and forbids them only from the foul; and he will relieve them of their burden and the fetters that they used to wear.” (Al-A’raf/The Elevated Place 7:157)

There exists verses which, though were present in the previous books, were hidden from people and disremembered over time. Some of these were quoted in Qur’an, and some were not. This is the reason why some verses are not present in the Old and New Testament, though they exist in Qur’an. Allah (SWT) commands:

يَا أَهْلَ الْكِتَابِ قَدْ جَاءَكُمْ رَسُولُنَا يُبَيِّنُ لَكُمْ كَثِيرًا مِمَّا كُنْتُمْ تُخْفُونَ مِنَ الْكِتَابِ وَيَعْفُو عَنْ كَثِيرٍ قَدْ جَاءَكُمْ مِنَ اللَّهِ نُورٌ وَكِتَابٌ مُبِينٌ.
“O People of the Book[2]! Now has Our messenger come unto you, disclosing unto you much of that which you used to hide from the Book, and forgiving much. Now has come unto you light from Allah and a plain Book.” (Al-Ma’ida/ The Feast 5: 15)

There are additions made by people to the previous scriptures. We understand this from the following verse:

فَوَيْلٌ لِلَّذِينَ يَكْتُبُونَ الْكِتَابَ بِأَيْدِيهِمْ ثُمَّ يَقُولُونَ هَذَا مِنْ عِنْدِ اللَّهِ لِيَشْتَرُوا بِهِ ثَمَنًا قَلِيلًا فَوَيْلٌ لَهُمْ مِمَّا كَتَبَتْ أَيْدِيهِمْ وَوَيْلٌ لَهُمْ مِمَّا يَكْسِبُونَ.
“Therefore woe be unto those who write the Scripture with their hands and then say, ‘This is from Allah,’ that they may purchase a small gain therewith. Woe unto them for that their hands have written, and woe unto them for that they earn thereby! [3] (Al-Baqarah/ The Cow 2:79).

Such additions are not hard to be distinguished, since they distort the integrity. The People of Scripture (Ahl al-Kitab) should obey not to such additions, but to what Allah revealed to them. Allah (SWT) commands:

إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ الَّذِينَ أَسْلَمُوا لِلَّذِينَ هَادُوا وَالرَّبَّانِيُّونَ وَالْأَحْبَارُ بِمَا اسْتُحْفِظُوا مِنْ كِتَابِ اللَّهِ وَكَانُوا عَلَيْهِ شُهَدَاءَ فَلَا تَخْشَوُا النَّاسَ وَاخْشَوْنِ وَلَا تَشْتَرُوا بِآَيَاتِي ثَمَنًا قَلِيلًا وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ.
“We did reveal the Torah, wherein is guidance and a light, by which the Prophets who submitted themselves (to Allah) judged the Jews, and the rabbis and the scholars (judged) by such of Allah’s Book as they were bidden to observe, and thereunto were they witnesses. So fear not mankind, but fear Me. And barter not My revelations for a little gain. Whoso judged not by that which Allah has revealed: such are concealers.” (Al-Ma’ida/ The Feast 5:44).

وَلْيَحْكُمْ أَهْلُ الْإِنْجِيلِ بِمَا أَنْزَلَ اللَّهُ فِيهِ وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ.

“Let those who know the Gospel judge by that which Allah has revealed therein. Whoso judged not by that which Allah has revealed; such are sinners (fasiqun).” (Al-Ma’ida/ The Feast 5:47)

(…)

One should refer to Quran to detect the additions made to previous books.  Because, it is the task of Quran to protect the truths in those books.  Allah (SWT) commands:

وَأَنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ عَمَّا جَاءَكَ مِنَ الْحَقِّ لِكُلٍّ جَعَلْنَا مِنْكُمْ شِرْعَةً وَمِنْهَاجًا وَلَوْ شَاءَ اللَّهُ لَجَعَلَكُمْ أُمَّةً وَاحِدَةً وَلَكِنْ لِيَبْلُوَكُمْ فِي مَا آَتَاكُمْ فَاسْتَبِقُوا الْخَيْرَاتِ إِلَى اللَّهِ مَرْجِعُكُمْ جَمِيعًا فَيُنَبِّئُكُمْ بِمَا كُنْتُمْ فِيهِ تَخْتَلِفُونَ.

“And unto you have We revealed this Book with the truth, confirming whatever Book was revealed before with the evidences in It (Qur’an) [4] , and protecting and guarding over it (the preceding Books). So judge between them by that which Allah has revealed, and follow not their desires away from the truth which has come unto you. For each We have appointed a divine law and a clear way. Had Allah created (your belief) (without your efforts) He could have made you one community. But that He may try you by that which He has given you (He has made you as you are). So compete one with another in good works. To Allah you will all return, and He will then inform you of that on which you disagreed. ” (Al Maida/The Feast 5:48).

These verses suggest that Quran is the last copy of the scriptures revealed by Allah, abrogating the previous ones.  Now it is to be obeyed.  Allah (SWT) commands:

الَّذِينَ يَتَّبِعُونَ الرَّسُولَ النَّبِيَّ الْأُمِّيَّ الَّذِي يَجِدُونَهُ مَكْتُوبًا عِنْدَهُمْ فِي التَّوْرَاةِ وَالْإِنْجِيلِ يَأْمُرُهُمْ بِالْمَعْرُوفِ وَيَنْهَاهُمْ عَنِ الْمُنْكَرِ وَيُحِلُّ لَهُمُ الطَّيِّبَاتِ وَيُحَرِّمُ عَلَيْهِمُ الْخَبَائِثَ وَيَضَعُ عَنْهُمْ إِصْرَهُمْ وَالْأَغْلَالَ الَّتِي كَانَتْ عَلَيْهِمْ فَالَّذِينَ آَمَنُوا بِهِ وَعَزَّرُوهُ وَنَصَرُوهُ وَاتَّبَعُوا النُّورَ الَّذِي أُنْزِلَ مَعَهُ أُولَئِكَ هُمُ الْمُفْلِحُونَ.

“Those who follow the messenger, the Prophet who can neither read nor write, whom they will find described in the Torah and the Gospel (which are) with them. He will enjoin on them that which is right and forbid them that which is wrong. He will make lawful for them all good things and forbid them only from the foul; and he will relieve them of their burden and the fetters that they used to wear. Those who believe in him, and support him with respect and help him, and follow the light which is sent down with him; it is those who will be successful.” (Al-A’raf/ The Elevated Place 7:157)

Pointless debates have taken place on whether the sunnah, acts and words of the Prophet (p.b.u.h), may abrogate the verses.  The sunnah is subordinate to Quran.  The subordinate may not be judged separately from the principle [5]. Allah (SWT) commands:

اتَّبِعْ مَا أُوحِيَ إِلَيْكَ مِنْ رَبِّكَ لَا إِلَهَ إِلَّا هُوَ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ.

Follow, [O Muhammad], what has been revealed to you from your Lord – there is no deity except Him – and turn away from those polytheists (mushrikun). (Al-An’am/ The Cattle 6:106)

وَإِذَا تُتْلَى عَلَيْهِمْ آَيَاتُنَا بَيِّنَاتٍ قَالَ الَّذِينَ لَا يَرْجُونَ لِقَاءَنَا ائْتِ بِقُرْآَنٍ غَيْرِ هَذَا أَوْ بَدِّلْهُ قُلْ مَا يَكُونُ لِي أَنْ أُبَدِّلَهُ مِنْ تِلْقَاءِ نَفْسِي إِنْ أَتَّبِعُ إِلَّا مَا يُوحَى إِلَيَّ إِنِّي أَخَافُ إِنْ عَصَيْتُ رَبِّي عَذَابَ يَوْمٍ عَظِيمٍ.

“And when Our revelations are recited unto them as clear evidences, they who look not for the meeting with Us said: “Bring a Quran other than this, or change it.” Say (O Muhammad): “It is not for me to change it of my own accord. I only follow what is revealed to me. If I disobey my Lord I fear the chastisement of a tremendous Day.” (Yunus/ Jonah 10:15)

It goes without saying that, when a verse is abrogated, the words and practices of our Prophet shall also be abrogated.

It is claimed that the meaning of a verse survives, after its wording is abrogated.  For a verse could only be abrogated by another verse, the later verse abrogates also the meaning of the previous one, in addition to its wording.

The verse which describes the process of abrogation is the following one:

مَا نَنْسَخْ مِنْ آَيَةٍ أَوْ نُنْسِهَا نَأْتِ بِخَيْرٍ مِنْهَا أَوْ مِثْلِهَا أَلَمْ تَعْلَمْ أَنَّ اللَّهَ عَلَى كُلِّ شَيْءٍ قَدِيرٌ

“Whatever verse We abrogate or cause to be forgotten, We bring one better than it or like it. Do you not know that Allah has power over all things.” (Al-Baqara /The Cow  2:106).

Another verse is the following:

وَإِذَا بَدَّلْنَا آَيَةً مَكَانَ آَيَةٍ وَاللَّهُ أَعْلَمُ بِمَا يُنَزِّلُ قَالُوا إِنَّمَا أَنْتَ مُفْتَرٍ بَلْ أَكْثَرُهُمْ لَا يَعْلَمُونَ.

“And when We replace (one) verse with (another)verse, and Allah knows best what He reveals, they say: “You are only a forger. No, most of them do not know.” ” (An-Nahl /The Bee 16:101).

These verses prescribe two conditions for abrogation:

1. It should occur between verses / communications.

2. The abrogating verse should bear the same provision with, or a better provision than the one contained in the former verse.

Consequentially, while the majority of verses in Quran involve the same provisions with the verses of previous scriptures, some have alleviating provisions.  The punishment for adultery is an example of alleviation.

The punishment for adultery in Torah and Gospel is death sentence.  Our Prophet also used to practice this for some time.  Qur’an first converted this punishment into life imprisonment, and then into 100 whip beats.  Now let us see the course of abrogation on this issue in Torah, Gospel and Quran.

A-PUNISHMENT FOR ADULTERY IN TORAH

Following is quoted from the Levites Section 20:

10.And the man that committed adultery with another man’s wife, even he that committed adultery with his neighbour’s wife, the adulterer and the adulteress shall surely be put to death.

11.And the man that slept with his father’s wife has  uncovered his father’s nakedness: both of them shall surely be put to death; their blood shall be upon them. .

12. And if a man sleep with his daughter in law, both of them shall surely be put to death: they have wrought confusion; their blood shall be upon them

13.If a man also sleep with mankind, as he slept with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.

17. And if a man shall take his sister, his father’s daughter, or his mother’s daughter, and see her nakedness, and she see his nakedness; it is a wicked thing; and they shall be cut off in the sight of their people: he has uncovered his sister’s nakedness; he shall bear his iniquity.

19.And you shall not uncover the nakedness of your mother’s sister, nor of your father’s sister: for he uncovered his near kin: they shall bear their iniquity.”

20.And if a man shall sleep with his uncle’s wife, he has uncovered his uncle’s nakedness: they shall bear their sin; they shall die childless.

21.And if a man shall take his brother’s wife, it is an unclean thing: he has uncovered his brother’s nakedness; they shall be childless

Following is quoted from the Deuteronomy Section 22:

22. If a man is found lying with the wife of another man, both of them shall die, the man who lay with the woman, and the woman; so you shall purge the evil from Israel.

23.If there is a betrothed virgin, and a man meets her in the city and lies with her;

24.Then you shall bring them both out to the gate of that city, and you shall stone them to death with stones, the young woman because she did not cry for help though she was in the city, and the man because he violated his neighbor’s wife; so you shall purge the evil from the midst of you

25. But if in the open country a man meets a young woman who is betrothed, and the man seizes her and lies with her, then only the man who lay with her shall die.

26. But to the young woman you shall do nothing; in the young woman there is no offense punishable by death, for this case is like that of a man attacking and murdering his neighbor.

B- PUNISHMENT FOR ADULTERY IN THE GOSPEL

Section of the Gospel of John quotes the following event:

3-4- The scribes and the Pharisees brought a woman who had been caught in adultery, and placing her in the midst, they said to him, “Teacher, this woman has been caught in the act of adultery”

5-Now in the law Moses commanded us to stone such. What do you say about her?

6.This they said to test him, that they might have some charge to bring against him. Jesus bent down and wrote with his finger on the ground.

7. And as they continued to ask him, he stood up and said to them, “Let him who is without sin among you be the first to throw a stone at her”

8.And once more he bent down and wrote with his finger on the ground.

9.But when they heard it, they went away, one by one, beginning with the eldest, and Jesus was left alone with the woman standing before him.

10.Jesus looked up and said to her, “Woman, where are they? Has no one condemned you?”

11.She said, “No one, Lord.” And Jesus said, “Neither do I condemn you; go, and do not sin again.”

Jesus (p.b.u.h) did not abrogate stoning with these words, but only refrained from imposing such a heavy punishment relying only on the testimony of sinful people.  The Gospel of Matthew includes the following verses:

17.Think not that I have come to abolish the law and the prophets; I have come not to abolish them but to fulfil them.

18. For truly, I say to you, till heaven and earth pass away,not an iota, not a dot, will pass from the law until all is accomplished.

19. Whoever then relaxes one of the least of these commandments and teaches men so, shall be called least in the kingdom of heaven; but he who does  them and teaches them shall be called great in the kingdom of heaven” (Matthew 5)

C-STONING PUNISHMENT IN THE PRACTICE OF PROPHET (P.B.U.H)

There happened to pass by Allah’s Prophet (p.b.u.h) a Jew blackened and lashed.  He called them (the Jews) and said: “Is this the punishment that you find in your Book?” They said : “Yes”  He called one of the scholars amongst them and said: “I ask you in the name of Allah Who sent down the Torah on Moses if that is the prescribed punishment for adultery that you find in your Book”. He said :”Had you not asked me in the name of Allah, I would not have given you this information. But this (crime) became quite common amongst our aristocratic class. So when we caught hold of any rich person (indulging in this offence) we spared him, but when we caught hold of a helpless person we imposed the prescribed punishment upon him”. We then said: “Let us agree (on a punishment) which we can inflict both upon the rich and the poor”. So We decided to blacken the face with coal and flog as a substitute punishment for stoning. Thereupon Allah’s Prophet (may peace be upon him) said:

“O Allah, I am the first to revive Your command when they had made it dead.”

He then commanded and he (the offender) was stoned to death. Allah (SWT) sent down (this verse):

يُحَرِّفُونَ الْكَلِمَ مِنْ بَعْدِ مَوَاضِعِهِ يَقُولُونَ إِنْ أُوتِيتُمْ هَذَا فَخُذُوهُ وَإِنْ لَمْ تُؤْتَوْهُ فَاحْذَرُوا.

“…some Jews…alter the words from their established meanings. They say: if this decision is made about you, follow it, and if this is not decided, obey not..” (Al-Ma’ida/ The Feast 5:41)

Because it was said (by the Jews): Go to Muhammad; if he commands you to blacken the face and award flogging (as punishment for adultery), then accept it, but it he gives verdict for stoning, then avoid it. Then Allah (SWT) sent these verses for all concealers:

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ

“… whoso judged not by that which Allah has revealed: such are concealers.”

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ

“… whoso judged not by that which Allah has revealed: such are wrongdoers.”

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ.

“… whoso judged not by that which Allah has revealed: such are sinners (fasiqun).” (Al-Ma’ida/ The Feast 5:44-47)[6]

A man and a woman of the Jews committed adultery. Some of them said to the others: “Let us go to this Prophet. For he has been sent with an easy law. If he gives a judgment lighter than stoning, we shall accept it, and argue about it with Allah, saying: “It is a judgment of one of your prophets.” So they came to the Prophet (p.b.u.h) who was sitting in the mosque among his companions. They said: “Abul Qasim [7], what do you think about a man and a woman who committed adultery? He did not speak to them a word till he went to their school (Bayt al-midras, the place where they taught Torah) [8]. He stood at the gate and said: “I adjure you by Allah Who revealed the Torah to Moses, what (punishment) do you find in the Torah for a person who commits adultery, if he is married?” They said: He shall be blackened with charcoal, taken round a donkey among the people, and flogged. A young man among them kept silent. When the Prophet (p.b.u.h) emphatically adjured him, he said: . “By Allah, since you have adjured us (we inform you that) we find stoning in the Torah (is the punishment for adultery). The Prophet (p.b.u.h) said:  “So when did you lessen the severity of Allah’s command?” They said: A relative of one of our kings had committed adultery, but his stoning was suspended. . Then a man of a family of common people committed adultery. He was to have been stoned. But his people intervened and said: “Our man shall not be stoned until you bring your man and stone him.”  So they made a compromise on this punishment between them. The Prophet (p.b.u.h) said:  “So I decide in accordance with what the Torah says. He then commanded regarding them and they were stoned to death.

Az-zukhri said:  We have been informed that this verse was revealed about them:

إِنَّا أَنْزَلْنَا التَّوْرَاةَ فِيهَا هُدًى وَنُورٌ يَحْكُمُ بِهَا النَّبِيُّونَ.

“We did reveal the Torah, wherein is guidance and a light, by which the Prophets who submitted themselves (to Allah) judged the Jews, and the rabbis and the scholars (judged) by such of Allah’s Book. ” (Al-Ma’ida/ The Feast 5:44) Our Prophet is among them. [9]

One day a Jew man and a Jew woman were brought to the Prophet (p.b.u.h). They committed the crime together.  Thereupon Allah’s Prophet (may peace be upon him) said: What do you find in your book on this issue? “Our scholars established the punishment of blackening with ash and placing backwards on the animal.”

Abdullah Bin Salam said:  “Oh the Messenger of Allah, let them bring the Torah.” Torah was brought.  He  put one of his hand on the verse on stoning.  Then he read the previous and next verses.  Abdullah Bin Salam said : “Lift up your hand!”. The verse on stoning was seen at once under his hand.  The Messenger of Allah ordered, and both were stoned to death [10].

Ruling of the Messenger of Allah for Jews could have only been the ruling of Allah.  Allah (SWT) commands:

وَأَنْزَلْنَا إِلَيْكَ الْكِتَابَ بِالْحَقِّ مُصَدِّقًا لِمَا بَيْنَ يَدَيْهِ مِنَ الْكِتَابِ وَمُهَيْمِنًا عَلَيْهِ فَاحْكُمْ بَيْنَهُمْ بِمَا أَنْزَلَ اللَّهُ وَلَا تَتَّبِعْ أَهْوَاءَهُمْ.

“And unto you have We revealed this Book with the truth, confirming whatever Book was revealed before with the evidences in It (Qur’an) , and protecting and guarding over it (the preceding Books). So judge between them by that which Allah has revealed, and follow not their desires away from the truth which has come unto you. ” (Al-Ma’ida/ The Feast 5:48)

It is narrated that the following verse also relates to this adultery case [11]:

وَكَيْفَ يُحَكِّمُونَكَ وَعِنْدَهُمُ التَّوْرَاةُ فِيهَا حُكْمُ اللَّهِ ثُمَّ يَتَوَلَّوْنَ مِنْ بَعْدِ ذَلِكَ وَمَا أُولَئِكَ بِالْمُؤْمِنِينَ.

How come they to you for judgment when they have the Torah, wherein Allah has delivered judgment (for them)? Yet even after that they turn away. Such are not believers. (Al-Ma’ida/ The Feast 5:43)

This verse assured that the judgment in Torah for adultery is the judgment of Allah.  The reason that Jews came to our Prophet (p.b.u.h) was to avoid this punishment.  For that reason, they said to those whom they sent: “…if this decision is made about you, follow it, and if this is not decided, obey not..” (Al-Maida/ The Feast 5:41) [12]

Given that the judgment in Torah is the judgment of Allah, our Prophet could not have prescribed any other penalty.  For a while, he followed Torah for Muslims who committed adultery.  The following hadeeth demonstrates this:

Abu Khurayra and Zaid Bin Khalid said: “We were with the Prophet (p.b.u.h). A man stood up and said:  “I urge you to judge only with the book of Allah among us.” His respondent was more indulgent, he said: “Judge among us with the Book of Allah, and listen to me.” Our Prophet said : ‘Speak’, he followed:

“My son was his worker. He committed adultery with his wife.  I gave as ransom money 100 sheep and a servant slave.  I asked to those who know, they told that my son should get 100 whips and a year in exile, and the woman is to be stoned to death.”

Our Prophet said:  “I swear by who sustains my life, I shall judge with the Book of Allah among you. 100 sheep and the slave are to be returned.  Your son is to be punished by 100 whips and a year of exile.  Unays, go the wife of this man, stone her to death if she admits the crime.”  He went, and stoned her to death as she admitted the crime [13].

It is clear that the “Book of Allah” mentioned here is Torah.  For no verse was revealed then in Quran concerning adultery.  Neither of the verses revealed contained the punishment of stoning.

The punishment of whipping is not present  the Torah copy we have in our hands.  This punishment may be in the copy held by Jews in Madina.

D-ABROGATION OF THE PUNISHMENT OF STONING

With the verses in Surat an-Nisa, the punishment of stoning to death, rajm, was converted to house arrest for women, and further it was ruled that the man and the woman are to be oppressed till they correct themselves.  Allah (SWT) commands:

وَاللَّاتِي يَأْتِينَ الْفَاحِشَةَ مِنْ نِسَائِكُمْ فَاسْتَشْهِدُوا عَلَيْهِنَّ أَرْبَعَةً مِنْكُمْ فَإِنْ شَهِدُوا فَأَمْسِكُوهُنَّ فِي الْبُيُوتِ حَتَّى يَتَوَفَّاهُنَّ الْمَوْتُ أَوْ يَجْعَلَ اللَّهُ لَهُنَّ سَبِيلًا. وَاللَّذَانِ يَأْتِيَانِهَا مِنْكُمْ فَآَذُوهُمَا فَإِنْ تَابَا وَأَصْلَحَا فَأَعْرِضُوا عَنْهُمَا إِنَّ اللَّهَ كَانَ تَوَّابًا رَحِيمًا.

“And those of your women who commit adultery — call to witness four of you against them; and if they bear witness, then confine them to the houses until death overtakes them or Allah open for them a way.

Punish both of them- man and woman-, among you that commit adultery. If they repent and correct themselves, then let them. Allah accepts the repentance. He is The Merciful.” (An-Nisa/ The Women 4:15-16)

The expression “…until Allah open for them a way..” demonstrates that the punishment will be further alleviated.  The alleviation has taken place with the second verse of Surah an-Nur.  Allah (SWT) commands:

الزَّانِيَةُ وَالزَّانِي فَاجْلِدُوا كُلَّ وَاحِدٍ مِنْهُمَا مِئَةَ جَلْدَةٍ وَلَا تَأْخُذْكُمْ بِهِمَا رَأْفَةٌ فِي دِينِ اللَّهِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الْآَخِرِ وَلْيَشْهَدْ عَذَابَهُمَا طَائِفَةٌ مِنَ الْمُؤْمِنِينَ.

“Flog each of them, the adulterer and the adulteress, hundred stripes. If you believe in Allah and in the Last Day, don’t be tender to them when you perform the order of Allah. Let a party of the believers testify with their own eyes this punishment.” (An-Noor/ The Light 24:2)

This verse judged for 100 whips as the punishment of adultery, without any discrimination between man and woman, or single and married.  This punishment is lighter than being detained in house till death, or oppressed until one improves himself/herself, as mentioned in Surat an-Nisa.

Quran abrogated the provisions in Torah concerning adultery, which our Prophet (p.b.u.h)  applied for a period of time.  Some had the opinion that, considering the previous practices of our Prophet (p.b.u.h), Surat an-Noor regulated the punishment to be imposed to the single and Quran contained no provision concerning the married, who deserved the punishment of stoning to death.  Yet, it is clear from the three verses that the punishment to be imposed to the married should be 100 whips.

1. Slander of Adultery to One’s Wife

وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُنْ لَهُمْ شُهَدَاءُ إِلَّا أَنْفُسُهُمْ فَشَهَادَةُ أَحَدِهِمْ أَرْبَعُ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الصَّادِقِينَ. وَالْخَامِسَةُ أَنَّ لَعْنَةَ اللَّهِ عَلَيْهِ إِنْ كَانَ مِنَ الْكَاذِبِينَ. وَيَدْرَأُ عَنْهَا الْعَذَابَ أَنْ تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّهِ إِنَّهُ لَمِنَ الْكَاذِبِينَ. وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّهِ عَلَيْهَا إِنْ كَانَ مِنَ الصَّادِقِينَ.

“And (as for) those who accuse their wives and have no witnesses except themselves, their testimony should be taken four times, bearing Allah to witness that he is most surely telling the truth.
The fifth (time) he wishes that the curse of Allah be on him, if he is one of the liars.
And what will avert the chastisement from her is if she testifies four times, bearing Allah to witness that her husband is most surely lying.
The fifth (time), she wishes that the wrath of Allah be on her, if he is telling the truth.” (An-Noor/The Light 24:6-9)

The expression “the chastisement = al azab” in the 8^th verse shows the 100-whip punishment. The `al’ affix is for a specific reference, granting the word to which it is affixed the meaning specified formerly.  The torment specified in Quran concerning adultery is 100 whips.  It is not possible for that word to refer to any other thing within the context of Arabic grammar.  It is certain that the woman mentioned above is married.

2. The Verse on Wives of the Prophet

يَا نِسَاءَ النَّبِيِّ مَنْ يَأْتِ مِنْكُنَّ بِفَاحِشَةٍ مُبَيِّنَةٍ يُضَاعَفْ لَهَا الْعَذَابُ ضِعْفَيْنِ وَكَانَ ذَلِكَ عَلَى اللَّهِ يَسِيرًا.

“O you the wives of the Prophet! Whosoever of you commits manifest lewdness, the punishment for her will be doubled.” (Al-Ahzab/ The Allies 33:30).

It is apparent that the wives of the Prophet are married.  The punishment to be imposed on them should be appropriate for doubling.  Death punishment could not be doubled, but 100 whips can be.

The word “al azab” quoted in these verses signifies only the 100 whips in Surat an-Noor. Because the “al” affix here is for specific reference.

3. Adultery of the Married Maids (Jariyah)

فَإِنْ أَتَيْنَ بِفَاحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَاتِ مِنَ الْعَذَابِ.

“…the believing maids whom your right hands possess… if when they are honourably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case).” (An-Nisa / The Women 4:25)

If it is the stoning which is to be imposed for married free women, the term “half” makes no sense as regards stoning to death.  Because some die by one stone hit, some by numerous stones.  It is only the 100 whips which could be halved.

In conclusion, the sole punishment for the crime of adultery is 100 whips.  After all such clear evidences, the opposite could not be claimed.  Besides, the Prophet of Allah said:  “Lower the punishments to the extent it is justifiable by doubts.” [14]. Given such apparent evidences, the stoning punishment could not be defended relying on doubtful evidences.

Thus Quran abrogates both Torah and Gospel concerning the punishment for adultery.

4. Practices of the Prophet (p.b.u.h) Demonstrating that Stoning is Abrogated

Ash-Shaibani said: “I asked to Abdullah Bin Abu Awfa: ‘Had the Messenger of Allah (p.b.u.h) applied the stoning punishment?’ He said : “Yes” “Was that before or after the (revelation of) Surat an-Noor?”. He said “I do not know”. [15].

However, the following narration indicates that the practice of stoning was before the revelation of Surat an-Noor:

A man had confessed that he committed adultery.  The Messenger of Allah asked for a stick.  A broken stick was brought.  He said: “Bring a better one” A new stick was brought, knurls of which were not sculpt.  He said: “Bring a lighter one” A smooth, soft stick was brought.  The man was beaten with the stick upon the order of the Messenger of Allah.  Then he said:

“O people! Now it is time to avoid the limits put by Allah.  Whoever does anything from such ignominies, let him cover himself with the veil of Allah [16]. For we apply the Book of Allah to those who show us their faces.” [17]

Here, beating the criminal with 100 whips regardless of whether he was single or married, and saying that the Book of Allah was applied, abolish all doubts.  Because there is no other punishment in the Book of Allah then 100 whips.

[1] al-Ayn, item نسخ

[2] The general name given to communities who have in their hands the scriptures revealed by Allah.

[3]Those who exploit people by way of religion pretend their books to be dictated by Allah in order to attribute them divineness.  Many are deceived by this.

[4] The word “al kitab” used in the verse is repeated twice with the letter “lam”, and thus both meanings were given as Quran.  For Quran affirms the verses which are present both in it and in the previous scriptures, not the ones which are foisted into them.  Alleviation of heavy punishments, such as stoning to death of the adulterer, is also a type of affirmation.  Since Quran is protected by Allah, so are such provisions of previous books.

[5] Majalla with Explanatory Notes (Majalla al-Ahkam al-Adliyya), Edit. Ali Himmet Berki, İstanbul, 1978, art. 48.

[6] Muslim, Hudud, 28.

[7] Meaning “the father of Qasim”. Arabs call a person with the name of his first son.  Qasim was the first son of our Prophet (p.b.u.h).

[8] Ahmet Önkal, “Beytülmidras”, DİA, v. VI, p. 95.

[9] Abu Dawood, Hudud, 26.

[10] Bukhari, Hudud, 24.

[11] at-Tabari, Tafseer, V. IV s. 583; al-Jassas, Ahkam al-Quran, V. II, p. 438; al-Qurtubi, al-Jami li Ahkam al-Quran, v. VI, p. 122.

[12] at-Tabari, Tafseer, V. IV, p. 577.

[13] Bukhari, Hudud, 30.

[14] Tirmidhi, Hudud, 2.

[15] Bukhari, Hudud, 21.

[16] Let him repent.

[17] Muwatta, Hudud, 2/12.

لَا الشَّمْسُ يَنبَغِي لَهَا أَن تُدْرِكَ الْقَمَرَ وَلَا اللَّيْلُ سَابِقُ النَّهَارِ وَكُلٌّ فِي فَلَكٍ يَسْبَحُونَ

“It is not for the sun to overtake the moon, nor does the night outstrip the day. They float each in an orbit.” (Ya-Sin 36:40)

Since the night may not outstrip the day, the new day starts with the rise of sun.  That is why the first prayer in two verses declaring the times of obligatory (fardh) prayers is the noon prayer.

وَأَقِمِ الصَّلَاةَ طَرَفَيِ النَّهَارِ وَزُلَفًا مِنَ اللَّيْلِ إِنَّ الْحَسَنَاتِ يُذْهِبْنَ السَّيِّئَاتِ ذَلِكَ ذِكْرَى لِلذَّاكِرِينَ

“And keep up prayer in the two parts (taraf) of the day and in the close-parts (zulaf) of the night; surely good deeds take away evil deeds; this is a reminder to the mindful.” (Hood 11:114)

Taraf (طرف), means each of the parts of a thing (2). “Two parts of the day” means its two parts.  As it could be seen in the following verse, the first part for praying is the noon time when the sun moves to the west.  The second is the time for afternoon (‘asr) prayer.  These two times do exist in all cultures.

The texts of the verse contains the word zulaf (زلف), the plural form of zulfa (زلفة), which has the meaning of “closeness”.  In Arabic, a plural expression states for at least three. The expression “close parts of the night” “زُلَفًا مِّنَ اللَّيْل” in the verse designates at least three times of the night that are close to the daytime. These are the sunset (maghreb), nightfall (ishaa’) and dawn (fajr) prayers, which bear the signs of the daytime.

The night comprises of three parts;  the first is the time for the sunset and nightfall prayers. These start with the sunset, lasting till the falling of darkness (ghasaq al-layl). The second part is the time for midnight prayer (tahajjud), covering the period from the ghasaq al-layl to the break of dawn. This is called half of the night (nisf al-layl) (نصف الليل) or the middle of the night (wasat al-layl) (وسط الليل). The third part is the time for the dawn (fajr) prayer, which starts with the onset of break of dawn.  The prohibitions begin for the fasting person from this moment onwards.  The dawn prayer could be performed until the sunrise.

The sunset (maghreb) prayer could be performed from the sunset until the redness on the west horizon disappears.   From then on is the time for nightfall (ishaa’) prayer. It continues until the whiteness on the west horizon disappears and the sky becomes pitch-dark.  When the sky is pitch-dark, the first part of the night that is close to the daytime ends.

Abdullah Bin Omar said:  One night we sat down to wait the Prophet (p.b.u.h)  of Allah for nightfall (ishaa’) pray.  He came as the third of the night was passing by, or afterwards.  I did not know whether he was busy.  He said: “Are you waiting for this prayer?” I would have lead my community pray at this hour if it had not been difficult for them.” Then he ordered the caller for prayer (muezzin)  to call for prayer (3).

If the nightfall prayer would not be performed before the darkness falls, those who come to the mosque will find it difficult to return to their houses.

The second verse concerning the issue is the following :

أَقِمِ الصَّلَاةَ لِدُلُوكِ الشَّمْسِ إِلَى غَسَقِ اللَّيْلِ وَقُرْآَنَ الْفَجْرِ إِنَّ قُرْآَنَ الْفجْرِ كَانَ مَشْهُودًا

“Perform the prayers at the sun’s decline till the darkness of the night, and during the intensification of the (lights of) dawn; for the intensification of the (lights of) dawn  is visible”. (Al-Isra / The Night Journey 17:78)

According to this verse, the first prayer is the noon prayer, time of which starts as the sun declines towards west, namely when the sun passes through the meridian of our location.  Since the previous verse obliges to perform two prayers before sunset, it follows that one more prayer is required after the noon prayer.  This is the afternoon (‘asr) prayer between noon and sunset prayers.  Since the sign that separates noon prayer from afternoon prayer is not specified clearly in Quran, our Prophet (p.b.u.h) had sometimes performed these two prayers successively by combining them.

The expression “till the darkness of the night” in the verse indicates the time from sunset to the pitch-darkness after complete disappearance of the light on the west horizon.  This is the latest time for performing nightfall prayer, as mentioned above.  The time of the sunset prayer is before it.  Since the sign that separates sunset prayer from nightfall prayer is not mentioned in Quran, our Prophet (p.b.u.h) occasionally combined these two prayers.

According to the leading scholars of four fiqh schools, the time for nightfall prayer lasts until the darkness.  Serahsi, a Hanafi scholar, says:  “Imam Muhammad wrote in al-Kitab that the time for nightfall prayer is until midnight” (4).

The midnight referred to here is the period from pitch-darkness of the sky till the break of dawn.

Imam Shafi states :  “The latest time for nightfall prayer is until one third of the night passes.  The time for this prayer will elapse after this part of the night elapses.   Neither of the narrations quoted from the Prophet, peace be upon him, demonstrates anything other than the fact that the time elapses after that period.

According to the narration by his son, Abu’l Fadhl, Ahmad Ibn Hanbal said:  “The time for the nightfall prayer starts when the sunset flow disappears. The latest time is one third of the night for some, and the midnight for others.

This opinion is identical with the foregoing ones.  However, as the standpoint that the day starts with the break of dawn became widespread among our scholars, the concept of “three parts of the night” had become vague.

Ibn al-Qasim narrates the following:  “We asked Imam Malik, ‘(Why do)they delay the prayer until one third of the night(?)’. Fiercely condemning, he as if said:  ‘They ought to pray in the manner (other) people do.’ He was as if indulging what people did.  They perform the nightfall prayer a little sooner than  the disappearance of red dawn.  He said:  ‘Neither the Messenger of Allah, peace be upon him, nor Abu Bakr or Omar had delayed so much.’”

Subsequent scholars of these schools delayed the time for nightfall prayer until the dawn prayer, without relying on any evidence.  Yet, for the people will sleep and rest during the time between nightfall prayer and dawn prayer, none should be disturbed during this period.  Allah (SWT) says:

“Oh you who believe! Let those whom your right hands possess, and the (children) among you who have not come of age ask your permission (before they come to your presence), on three occasions: before dawn prayer; the while you take off your clothes for the noonday heat; and after the nightfall prayer: these are your three times of undress: outside those times it is not wrong for you or for them to move about attending to each other: Thus does Allah make clear the signs to you: for Allah is full of knowledge and rules rights. But when the children among you come of age, let them (also) ask for permission, as do those senior to them (in age): Thus does Allah make clear His signs to you: for Allah is full of knowledge and rules right.” (An-Noor/ The Light 24:58-59).

Every  night our Prophet (p.b.u.h) used to wake up after a while of sleep, and perform the midnight prayer (tahajjud).   Because Allah (SWT) ordered him to do this:

وَمِنَ اللَّيْلِ فَتَهَجَّدْ بِهِ نَافِلَةً لَّكَ عَسَى أَن يَبْعَثَكَ رَبُّكَ مَقَامًا مَّحْمُودًا

“And wake up for prayer in some part of the night as an additional obligation for you: It may be that your Lord will raise you to a station of praise and glory! “ (Al-Isra/ The Night Journey 17:79)

This prayer is optional for any Muslim.  Our Prophet is narrated to say:

أَفْضَلُ اَلصَّلَاةِ بَعْدَ اَلْفَرِيضَةِ صَلَاةُ اَللَّيْلِ

“The most virtuous prayer after the obligatory prayers (fardh) is the midnight (tahajjud) prayer” (8)

The time for dawn prayer starts with a clear scene that appears as the dawn breaks and the lights on the horizon intensify.  It is understood at that while that the daytime is approaching.  This is the third zulfa. It lasts till the sun rises.

Verse 78 of Surat al-Isra (The Night Journey)  mentions the time of dawn prayers with the expression “qur’an al-fajr”. Qur’an (قرآن), in Arabic, means “gathering and accumulation” (9). “Qara’tu al-shay’a qur’aanan” قَرَأتُ الشيء قرآنا means “I gathered something” and “I added one to another”; “Qara’tu al-kitaaba qiraatan wa qur’aanan” قرأت الكتاب قراءة وقرآنا means “I have read the book”. Because reading is the act of adding words one another.  The name Qur’an given to the last book is due to its nature of gathering all verses that have been revealed.  The accumulation in the dawn is the collection of lights in different colors and tones coming from the sun.  Since the accumulation lasts until the sunrise, this whole period is the time for a single prayer.

In the sayings (hadeeth) of our Prohpet (p.b.u.h), the first prayer is the noon prayer, and the last one is the dawn prayer.  The Messenger of  Allah, as narrated by Ibn Abbas, said on the prayer times:

“Jibreel led me in prayer twice near the Ka’be. The first time, we offered the noon prayer (dhuhr) when the shadow was like the thong of a shoe. Then, we offered the afternoon prayer (asr) when the shadow of everything was equal to it, and sunset prayer (maghrib) after sunset when the fasting man breaks his fast, and nightfall (ishaa’) prayer when the twilight (the redness on the west horizon) disappeared, and the dawn prayer (fajr)  when one who fasts is forbidden food and drink. The second time, we offerred noon prayer when the shadow of everything was like it in length at the time of afternoon prayer on the previous day. Then we offered the afternoon prayer when the shadow of everything was twice as long. We prayed sunset  prayer at the same time as the previous day; we prayed nightfall prayer while one-third of the night was passing (heena dhahaba thuluth al-leyli) (حِينَ ذَهَبَ ثُلُثُ اللَّيْلِ) and dawn prayer when the earth was well-lit. Then Jibreel turned to me and said; “0 Muhammad! This was the time observed by Prophets (p.b.u.t) before you, and the time of prayers is between these two times.” (10) .

Prof. Dr. Abdulaziz BAYINDIR

[2] “Wa at’tarafu bi’t-tahreek: en-nahiyatu min nawahee wa el-taifatu min as-shay’i, wa’l jam’u atrafun” Lisan al-Arab.

[3] Abu Davud, Salat 7, Hadeeth no 420.

[4] Serahsi, Shamsuddin, al-Mabsuut, Egypt l324/1906, v. I, p. 259

[5] Shafi, Muhammad b. İdris, al-Um, Beirut 1393/1973, v. I, p. 74

[6]  “Masail al-Imam Ahmad riwayatu ibnihi ebi al-Fadhl Salih” v.2 p.174

[7] Malik b. Anas (d.179 h.), el-Mudawwana, Dar’ul-kutub’il-ilmiyya, 1415 h./1994m. V. I,p. 156.

[8] Muslim, Sıyam 38, Hadeeth No (1163)

[9] Maqayis al-lugha

[10] Tirmidhi, Mawaqeet, 1

[1]

“Lodge them in a section of where you dwell according to your means…” (At-Talaq/ The Divorce 65:6)

“Let a man of wealth spend for the subsistence according to his means. And let him whose means of subsistence are limited spend according to what Allah has given him. Allah burdens no person beyond what He has given him. Allah will soon bring about, after hardship, ease.” (At-Talaq/ The Divorce 65:7)

Spending for the food and lodging of his wife is the duty of the husband. The woman does not have to contribute to these, even though she is rich.

The woman eats and drinks as much as she needs at her husband’s table. She also spends for her clothes by her husband’s means.

If the husband does not admit his wife to his table or harasses her at the table or scrimps food, then the maintenance costs are determined by the court upon wife’s request. If necessary, the woman can get into debt to be paid by her husband, in return for her maintenance costs. For example, she can make her husband pay for the food she buys at the grocery on account. However, this last case requires the order of the court.

Supply of heating, lighting and cleaning are also the responsibilities of men.

Underwear, dress and outfit are included in the maintenance costs besides private bed and essential house goods. The woman has the right not to use any of the clothes or goods she owns. The husband cannot demand the opposite.

Local and temporal conditions, besides the means of husband and wife, are considered for determination of clothes and foods.

A customary dwelling should be provided for lodging heeding the status of wife and husband. For a noble and wealthy wife, a private house should be reserved. For a wife of moderate means, a dwelling with private toilet, kitchen and other essential sections should be provided. A flat in an apartment would be a proper example. If the wife is poor, a dwelling with a private room and common usage areas, such as toilet and kitchen may suffice.

A wealthy, noble woman has the right not to reside in a building where a co-wife or the relatives of her husband reside. The wife may not have intercourse with her husband until he reserves a private residence.

The neighbours of the house are also important. Husband may behave unjustly or exercise power over the wife. A dwelling without fair neighbours who are able to protect the wife from husband’s wrongdoings is not a proper house by shariah. The neighbours should be kind in human relations and reliable by religious means. The wife cannot be forced to live in a dwelling that do not fulfill these reqirements.[2]

[1] This piece of writing is a section of the article “Reasons of Husband-Wife Controversy Nowadays”, which will be translated into English in the future.

[2] Ömer Nasuhi BİLMEN, Hukukı İslamiyye Kamusu, II,448-450.

Only under strict conditions, the man can punish his wife.

These conditions have been clarified by verses and hadiths.

The Glorified Allah commands:
الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاء بِمَا فَضَّلَ اللّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُواْ مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِّلْغَيْبِ بِمَا حَفِظَ اللّهُ وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلاَ تَبْغُواْ عَلَيْهِنَّ سَبِيلاً إِنَّ اللّهَ كَانَ عَلِيًّا كَبِيرًا