The Fiqh of Fasting: 6.2 The Injunctions of Fasting

Bismillahir Rahmanir Rahim
In the name of Allah, the Most Beneficent, the Most Merciful

6.2 The Injunctions of Fasting

The Fard Elements of fasting

Fasting is to abstain from eating, drinking and sexual relations with one’s spouse, during the time period from just before true dawn until sunset, with the intention of seeking the pleasure of Allah, the Most High. These above-mentioned aspects form the fard elements of fasting.

The Sunnah Elements of fasting

Some of the Sunnah elements of fasting which ought to be observed are as follows.

It is best to observe the following during one’s fast:

• before beginning the day’s fast, one is encouraged to have a meal before dawn (suhur);
• it is Sunnah to delay the early morning meal to as close to the time of commencement of the fast [i.e. the beginning of fajr] as possible;
• the fast should be broken, iftar, immediately after the time of maghrib (sunset);
• and to have the intention to fast the nest day before going to sleep.

6.2.1 The types of fast

The types of fast are divided into six categories:

• the fast of Ramdahan;
• the make up fast, qada;
• the fast of a specific vow, nadhr;
• the fast of a non-specific vow;
• the fast of expiation, kaffarah;
• and the voluntary, nafl, fast.

6.2.2 The condition of fasting

The conditions which must be satisfied before the correct performance of the fast are as follows:

· having the intention, niyah, to fast, and;

· freedom from menstrual bleeding, hayd, and post-childbirth bleeding, nifas.

Intention

According to Imam Abu Hanifah, performance of the fast of Ramadhan will be proper if one makes a general [unspecified, but all-inclusive] intention, or a specific intention for the fard at hand, or an intention for a nafl fast.

If a person makes an intention to make up a fast or to observe a fast of expiation, he is a resident and is a healthy individual, then it will serve for proper performance of the fard fast at hand, and no other. If a person is sick, however, or a traveller, then whatever one intends to perform in Ramadhan with the intenion if make up fast or fast of expiation will be correct. According to Imams Abu Yusuf and Muhammad, however, only the fard at hand [a fast of Ramadhan] will be correct. (Fatwa here is with Imams Abu Yusuf and Muhammad.)

According to Imams Malik, Shafi’i, and Ahmad, it is necessary even for the fast of Ramadhan to make specific intention for the fard at hand.

The fast of a specific vow, according to Imam Abu Hanifah, may be properly observed by making a general intention, or by making an intention for a nafl fast. If an intention is made for some other wajib fast specifically, then only that fast [and not the fast of a specific vow] may be performed thereafter. Most of the other Imams, however, opine that a fast of a specific vow ill not be correct unless it is preceded by an intention for a fast of a specific vow [and nothing else].

There is general agreement on the propriety of a nafl fast when preceded by a general intention. Similarly, there is agreement on the need for specifying the intention when setting out to perform a make up fast or a fast of expiation, kaffarah.

The Proper Time for Making Intention

The time for making intentions is from sunset [of the preceding day] to the true dawn [of the day the fast is to be observed]. After the rising of the dawn, the intention will be improper, except in the case of a nafl fast, as long as the intention made is before noon, according to Imams Shafi’i and Ahmad. According to Imam Ahmad however, after the rising of the dawn, not even the intention for a nafl fast will be correct. According to Imam Abu Hanifah, the intention for a fast of Ramadhan, for a specific vow, and for the nafl fast will be correct if it is made before midday [of the day on which the fast is being performed].

There is general agreement that the intention for a make up fast, a fast of expiation, or a fast of a non-specific vow will not be correct if it is made after the rising of the dawn.

According to the three Imams (Abu Hanifah, Shafi’i and Ahmad ibn Hanbal) it is necessary to make a new intention for every day of fasting observed during the month of Ramadhan, Imam Malik, however, holds that the intention made from the first day of the fast for the whole month will suffice.

If, on the first night of Ramadhan, a person makes intention to observe the fast for the whole month and then, in mid-Ramadhan, becomes temporarily insane without doing anything to break one’s fast, then, according to Imam Malik, [since he opines one ni’yah suffices for the whole month], all of his fast will have been correct. According to the other Imams, [since thy opine it necessary to have intention for every fast individually], the fasts observed during the period of insanity will have to be made up owing to his not having made intention for them.

If a person has an attack of insanity which lasts the whole month [beginning before the new moon of Ramadhan is sighted], he will be excused from making the fast, and he will not have to make up any of the fasts. If however, that same person should regain his or her sanity at any time during the month [even if only for a few moments], then he will be responsible for making up all the fasts missed, up to the time of regaining his sanity [and, of course for all those which follow].

6.2.3 Sighting the new moon of Ramadhan

The fast becomes wajib either by:

· the sighting of the new moon of Ramadhan;

· or the passing of thirty days from the first of Sha’ban

For witnessing the new moon of Ramadhan, when the sky is overcast, the testimony of one honest man or woman will suffice. For witnessing the Shawwal moon under similar conditions the testimony, of at least two honest men, or of one honest man and two honest woman is required. If the sky us clear, for both the sighting of the Ramadhan and Shawwal moons, there should be testimony from a great number of people [though it is enough, according to a narration of Imam Abu Hanifah, to have the testimony of two honest men in this situation].

If, after beginning the fast of Ramadhan on the basis of testimony given by only one man, the moon should not appear on the 30^th, then the fast will have to be kept on the following day as well. If the fast was begun on the basis of testimony given by two men, and thirty days go by, the fast may be declared over, regardless of whether or not the Shawwal moon is sighted.

If one witnessed the Shawwal or Ramadhan moon with one’s own eyes, and if his testimony was rejected by the qadi, then in both cases, it will be necessary for that person to observe the fast [on his own] if he does not, he will only have to make up the fast as qada’, not as a fast of expiation, kaffarah.

The Prophet sal Allahu alayhi wa'sallam said:
"The Muslim is a unique Ummah among the whole of mankind:
Their Land is ONE, their War is ONE, their Peace is ONE,
Their Honour is ONE and their Trust is ONE."
[Ahmad]