9th ZulHajja is a very sacred day. When asked about fasting on the of Zul Hajjaj (Yaum e Arafah) Rasool Allah saw said: “It expiates the sins of the preceding year and the coming year” (Muslim 6: 2603). The second Muslim festival Eid ul Adha falls on the 10th of ZulHajjah.An animal sacrifice, in memory of the sacrifice of Prophet Ibrahim (as) is offered on 10th ZulHajjah.And Hajj to Allaah’s Sacred House is an obligatory duty that is owed to Allaah by those who have the ability to make their way there. And whoever rejects the obligation of the Hajj, then Allaah has no need of him or any of the creation. [3:97].
The Jews claimed that they were Muslims and that they were upon the religion of Ibraaheem, so Allaah the Majestic and Most High tested them in this aayah, and He said: Therefore, if you are Muslims, then perform the Hajj, because Allaah has made the Hajj to the Sacred House obligatory upon the Muslims, if you do not perform it, and you refuse to perform it, then this is a proof that you are not Muslims, and you are not upon the religious way of Harat Ibraaheem (AS): And whoever rejects the obligation of the Hajj, then Allaah has no need of him or any of the creation. [3:97].This is an obligation, a rite, and a binding duty which is due for Allaah, the Perfect and Most High from mankind.
Its meaning in the language is al-qasd (to head towards an intended goal). And the word Hajj in the legislation is to head towards the honourable Ka`bah and the Sacred sites (of pilgrimage) at a particular time, and to carry out specific acts of worship and they are the rites of the Hajj. The Ka`bah and whatever is round about it from the sites of pilgrimage which follow on from it.
This explains the condition being obligatory, and it is bodily and monetary capability; bodily capability such that he is able to work, ride, and move from his land to Makkah from whatever place he is in upon the earth. This is the bodily capability. It excludes the person who is permanently unable, such as a person with an illness which persists, the feeble old person, and such a one who does not have the bodily ability. But if he has monetary capability, then he should deputize someone to perform the Hajj on his behalf, the obligatory Hajj of Islaam.
As for monetary capability, then it is having the transport necessary to carry him, the riding animal, the plane, or the ship, each as is appropriate to the time; and that he has wealth which is sufficient for him to seek transport to convey him for the performance of the Hajj; and also, that he has provision and money for the journey, going and returning; and for his dependence, such that they will have sufficient funds until he returns to them. So, provision means that he has sufficient funds to suffice him upon his journey, and to suffice his dependents; his children, his parents, his wife, and everyone it is obligatory to spend upon; that he gives them that which will suffice them until he gets back to them, after securing guarantees for the payments of any debts which are upon him.
The Prophet (SAW)said, “No good deeds done on other days are superior to those done on these (first ten days of Dhal Hajja).” Then some companions of the Prophet said, “Not even Jihad?” He replied, “Not even Jihad”, except that of a man who does it by putting himself and his property in danger (for Allah’s sake) and does not return with any of those things.”(Bukhari 15: 86)
So this wealth is surplus, remaining after his debts have been dealt with. So, if this is available, then this will be his ability to make his way there, “provision and transport” as occurs in the hadeeth of Ibn `Abbaas radiyallaahu `anhumaa. And whoever does not have the ability, meaning: he does not have the provision nor the transport, then the Hajj is not upon him, because he does not have the ability to do it. So the condition for the Hajj being obligatory is ability. Since the people come to the Hajj from far away, from all the regions of the earth, and every distant place, and it requires spending, and involves some difficulty and toil, and it may bring about dangerous situations, then from the Mercy of Allaah is that He made it binding only once in a lifetime. And whatever is in addition to that is supererogatory. This is from the Mercy of Allaah the Perfect and Most High, that He did not make it obligatory upon the muslim every year just as the Prophet sallallaahu`alaihiwasallam said: «Allaah has made the Hajj obligatory upon you, so perform the Hajj.» Al-Aqra ‘bin Haabis radiyallaahu `anhu said: Is it every year O Messenger of Allaah?
So the Messenger sallallaahu`alaihiwasallam remained silent. Then he repeated the question, and the Prophet sallallaahu`alaihiwasallam remained silent. And then he repeated the question again, and the Prophet sallallaahu`alaihiwasallam said: «If I were to say yes, it would become obligatory and you would not be able to do it. The Hajj is a single time, and whatever is in addition, then it supererogatory.»And whoever rejects the obligation of the Hajj, then Allaah has no need of him or any of the creation. [3:97]. It contains a proof that whoever refuses to perform the Hajj and he is able to, and he does not perform the Hajj, then he is a disbeliever, because Allaah said: «whoever rejects» meaning: whoever refuses to perform the Hajj when he is able to perform it, then he has committed kufr. [This kufr] may be kufr asghar (lesser kufr), but whoever abandons it whilst denying its obligation, then this is kufr akbar (major kufr) by consensus of the Muslims. As for a person who acknowledges its obligation, but abandons it out of laziness, then this is lesser kufr. However, if the person dies and he has wealth, then someone should perform the Hajj on his behalf using money which he has left behind, because it is the debt of Allaah, the Mighty and Majestic, upon him. And this aayah shows the obligation of performing Hajj, it is a pillar from the pillars of Islaam.
The Messenger of Allaah sallallaahu`alaihiwasallam explained that it is a pillar from the pillars of Islaam in the hadeeth of Jibreel and in the hadeeth of Ibn `Umar. The Hajj was made obligatory in the nine year [after the Hijrah] upon one saying, and the Prophet sallallaahu`alaihiwasallam did not perform the Hajj in that year, rather he performed the Hajj in the year after it, in the tenth year. Why is this? This is because, he sallallaahu`alaihiwasallam: sent `Ali (RA) to call out to the people in the pilgrimage: «No person of shirk may perform Hajj after this year, and no naked person may perform tawaaf around the House.»
So when the people of shirk and the naked people were prevented from the Hajj in the tenth year, the Prophet sallallaahu`alaihiwasallam performed the Hajj, the Farewell Hajj “Say (O Prophet Muhammad saw) Indeed my prayer, my sacrifice, my life and my death are all for the sake of Allah” While sacrificing, if this state and if these feelings of love and total obedience to Allah are not there, then merely shedding the blood of animals and distributing meat are all activities without any spirit. Allah Tala does not need blood of animals nor meat from animals. All that he requires from His slaves is the Taqwa, obedience and the feelings of self sacrifice for their Lord.
Allah Tala says in Surah Hajj:“It is neither their meat nor their blood that reaches Allâh, but it is piety from you that reaches Him”. Thus the real spirit of sacrifice is that a man should leave his bad habits, stop following his wishes and desires and stop following traditions. Man should leave and sacrifice all those things in this world which stop him from attaining nearness to Allah.
What to do in the first ten days of ZulHajjah? Recite the masnoon dua when sighting the moon of ZulHajjah. Recite the Takbiraat as much as possible from the 1st ZulHajjah to the 13th of ZulHajjah. After sighting the moon of ZulHajjah, do not cut or trim your hair and nails until you have offered the sacrifice. As Rasool Allah saw has ordered:“When any one of you intending to sacrifice the animal enters in the month (of Dhu’l-Hijja) he should not get his hair or nails touched (cut)” (Muslim 22: 4870) . Perform good deeds (Fasting, charity, voluntary prayers, zikr, etc) as much as possible. Observe the fast of 9th ZulHajjah, as this leads to expiation of sins of the preceding year and the year to follow.
What to do on Eid Day? Do not eat anything on Eid ul Adha until after the Eid Prayer and the sacrifice; as this was the sunnah of Rasool Allah saw. While on the way for Eid Prayer, recite the Takbiraat loudly. Rasool Allah saw ordered all Muslim women, young girls and even women in monthly impurity to come out for Eid prayers. If they don’t have a veil, they should borrow it from someone while women in monthly impurity should stay away from the Musallah.(Bukhari 15:96). It is masnoon to offer the sacrifice at the place of Eid Prayer.
(The author a teacher at S K University of Agriculture Sciences & Technology (SKUAST) Srinagar writes on Islamic topics exclusively for “Kashmir Horizon”)
Implications of right to privacy
Sanjeev Singh
The Supreme Court’s unanimous ruling that individual privacy is indeed a fundamental right subject to reasonable restrictions has led to celebrations across the country. But there is more to the landmark judgement that just privacy and the court has also provided a ray of hope for India’s LGBT community. This comes after the court refused to decriminalise Section 377 of Indian Penal Code which relates to consensual sex among adult homosexual men in 2013.
Page 124 of the judgement reads, “Sexual orientation is an essential attribute of privacy. Discrimination against an individual on the basis of sexual orientation is deeply offensive to the dignity and self-worth of the individual. Equality demands that the sexual orientation of each individual in society must be protected on an even platform. The right to privacy and the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15 and 21 of the Constitution.”
Similarly page 404 mentions, “As case law, both in the U.S. and India show, this concept has travelled far from the mere right to be let alone to recognition of a large number of privacy interests, which apart from privacy of one’s home and protection from unreasonable searches and seizures have been extended to protecting an individual’s interests in making vital personal choices such as the right to abort a foetus; rights of same sex couples- including the right to marry; rights as to procreation, contraception, general family relationships, child rearing, education, data protection, etc. This argument again need not detain us any further and is rejected.”
The government was hoping that a favourable verdict would help it extend Aadhaar to all essential services and even link it to some voluntary services as well. This had led to widespread criticism that the government was trying to completely monitor every individual through this move thereby violating privacy. The setback for the government could now be two-fold. Firstly the court had clarified that the right to privacy is not vague and amorphous as the government believes. Secondly, it recognises privacy interests as well.
——-(Courtesy………timesofindia.com. The views expressed by the author are his own but not of “Kashmir Horizon”)