#1189: Can a Lady Continue Her Memorization If Her Menstruation Begin before She Completes the Portion of Her Memorization?
Assalamu Alaykum wa Rahmatullah.
Please a lady was doing memorization of the Qur’an with a group, then her menstruation starts before she finishes her part of the memorization, so can she still finish her part as long as she doesn’t touch the Qur’an?
ANSWER:
Wa Alaykum Salām Warahmatullāh Wabarakātuh.
Know, may Allāh illumine your heart and mine, that the Fuqahā differed about the ruling of recitation of the Qur’ān by the Menstruating Woman.
The position of Mālik is that a Menstruating Woman may recite the Qur’ān when she is Menstruating provided she does not hold a Copy of the Qur’ān in the cause of that. This position was also favoured in one of the narrations from Imām Ahmad and supported by Shaykhu Al-Islām Ibn Taymiyyah and Ash-Shawkānī among others.
The proof of the Holders of this position is the Generality of the Verses and the Ahādith that praised the Reciters of the Qur’ān and the absence of a clear cut evidence that suggests otherwise. Had there been one, then there would be no space the accommodates any difference of opinion in this regard. Can’t you see that in the Era of the Rasūl Salallāhu Alayhi Wasallam there were numerous women among the Companions, their wives and daughters? The wives and Daughters of the Rasūl Salallāhu Alayhi Wasallam also? But there is no recorded Evidence that meets all the Standards of Evidence that is Sound enough to seal this discourse?
And the Precept of Fiqh has preceded that says
الحجة متى تطرق عليها الإحتمال بطل بها الإستدلال
“Whenever an Evidence is accompanied by different possibilities, using it as an Evidence is nullified”
That is what they said.
However the position of the Majority of the Schools in the Hanafī, the Shāfi’ī and the Hanbalī Schools is that the Menstruating Woman may not recite the Qur’ān even without touching the Mus’haf. One of their evidences in this Regard is the Hadīth that was recorded by Imams Abū ‘Īsah At-Tirmidhī, Abubakr Al-Bay’haqī, Ibn Mājah Al-Qazwīnī and Abū Al-Hasan Ad-Dāraqutnī from Ibn ‘Umar radiyallāhu ‘anhumā that the Rasūl Salallāhu Alayhi Wasallam said:
لا تقرأ الحائض ولا الجنب شيئاً من القرآن
“Let not the Menstruating Woman nor the one that is Junub read anything of the Qur’ān”
And there is no doubt that this Hadīth is Weak.
Ibn Hajar Al-‘Asqalānī was firm about it’s weakness in At-Talkhīsu Al-Habīr.
Another Hadith that is used to buttress this position is the Hadith from ‘Ali bn Abī Tālib radiyallāhu ‘anhu that the Rasūl Salallāhu Alayhi Wasallam only distanced himself from the Qur’ān when he is Junub. The argument of the Fuqahā on this regard is that the Junub is in like situation like the Menstruating woman since they are both Muslims in temporary states of impurity.
This position is weak for several reasons.
Chief among them is the fact that the Junub is in a State where he has an absolute control over his own purification and can come out of it if he so chooses. As opposed to the Menstruating woman who is in no position to resolve her impurity until her period is passed.
It therefore follows that the stronger position is the one favoured by Imām Mālik rahimahullāh That the menstruating woman may recite from her heart when she is Menstruating.
And Allāh knows best.
Bārakallāhu Fīkum
📚 IslāmNode
https://telegram.me/IslamNodeQuestionAnswers
https://t.me/INQAArchive
