Questions-Responses on Jurisprudence

(Translated into English by Mr Taoufiq GAZOULIT)

Renewable energies of Islam

7- QUESTION : Dear brother, I am allowing myself to write to you with the aim to having a clear opinion about the Sharia. , in order to get an accommodation for me and my family, in view of my income,I have to get a loan with interes from a bank. This means a serious problem of conscience for me, because the loan with interest is similar or rather a Riba, it is illegal oua alyadou bi ALLAH. However, in the absence of an Islamic organization for lending to individuals according to to Sharia and Sunna of Sidna Mohamed, I have no other alternative. I wonder, if the need may allow me to do so in this particular case, knowing that the credit with interest Iam getting from the bank will not make me rich, or do I take it that by this gesture I am encouraging the exercise of Riba ?

7- ANSWER : In principle, the loan with interest is prohibited, particularly where there is loss on one hand and profit on the other. For this case, there will be a sense of despoiling, but there will be just gain for everybody, whatever the percentage of that gain. I mention a case of a believer who got a loan from a company guaranteed by a bank. There may be a profit for everybody, if the person in question could get a loan, provided he gives an amount of money on monthly basis as a rent, which allows the person who receives allowances and tenant to appropriate the place. At the end of a decade for example, if the three partners gain, then the loan is not forbidden, because as Sidna Omar Ibn Khattab says” Islam is not against the general interest, especially if we discover that in this case, there is actually a general profit .” There is another alternative, which is a loan without interest according to the sharia (Islamic law), but this alternative should be carefully analysed, in order to see that there is neither loss nor profit, or simply profit at the end of the day.

13- QUESTION : What do you mean by the tradition of Medina ?

13- ANSWER : I meant by the hadith of Medina, the tradition of the last days of the life of Sidna MOHAMED spent in Medina. His daily practises amounted or overruled the other previous hadiths. It is there the main reference on which the Imam Malik establishes his rite and which he calls the “tradition of Medina”. Indeed, the number of companions of the Prophet that he left before his death did not exceed 140000 companions, most of them scattered around Medina or further up. The Hadiths which they could report in this particular case could not have the same authenticity as those practical traditions of Medina.

14- QUESTION : Can we be a Tijani and follow the Malekite rites ?

14- ANSWER : The Sheikh Tijani belonged to the Malekite Rites. The Imam Malik considered that the hadith (the prophetic authentic tradition) is his real rite. That is why any valid rite is a function of hadith to which he refers. The Imam Malik adds to materialize his “madhab” the consensus of Oulemas for lack of hadith.

21- QUESTION : Have I the right within the framework of the purchase of a house to get a loan with very weak interest as my employer proposed to me (this interest is equivalent to the inflation which is approximately 1%) or is it totally illicit ?

21- ANSWER : If the interests amounts even to 3%, then the prohibition is eliminated because this rate represents only the overhead expenses of the bank in addition to an eventual inflation.

22- QUESTION : I am in search of the structure of reading the holy Koran within 3 days (I believe that is called Hizb). I cannot manage to find it. Would you be kind enough to inform me about the subject? Thank you for your attention.

22- ANSWER : I advise you the translation and notes of “AL QURAN AL KARIM” by the doctor Salaheddine Kechrid, Dal El Gharb El Islami, Habib El Lamsi publishing house, Beirut PB 113/5787000.

30- QUESTION : I wish to know the position of Islam concerning being affiliated to the insurance at work, is it prohibited or not ? 

30- ANSWER : When insurance is compulsory in an administration, then it is  apparently licit. But, when there is a possibility of avoiding it, sometimes even within certain administrations, in my opinion, the insurant has to refuse it.

63- QUESTION : In relation to which hadith can you say that you can use modern means of contraception ?

63- ANSWER : The concept of contraception as it is conceived today wasn’t known at the time. Its mechanism is very recent. But, there is contraception that was used by the living of the Prophet, quoted by an authentic hadith and that’s called “AZL” (breach of the coitus). This hadith means that the use of this means of contraception was in fashion and was legitimate koranically by omission. The aim is the same: to prevent any combination between the ovum and the sperm.

73- QUESTION : Has an Imam the right to baptize a child out of marriage according to Sharia ? (Aix-en-Provence, France).

73- ANSWER : A child born outside a marriage is considered legitimate as a natural child, who is not recognized by the Sharia. The Imam can hardly act contrary to this principle unless he has a special derogation.

77- QUESTION : What is halal meat for a Muslim ? (Aix en Provence, France).
77- ANSWER : According to verses or hadiths, there is no evident criterion, only a double motivation referring to wealth and health loss. But in certain cases which are no obvious, ALLAH says:” the way of GOD to whom belongs whatever is in the heavens and whatever is on earth. Behold (how) all affairs tend towards GOD” (sura: consultatio; verse 53). The progress of science has demonstrated certain factors of illegitimacy that were not categorical. It is the case of non-slaughtered ovine or bovine meat, which preserves its toxins whereas slaughtering allows the intoxicated blood to flow out. As to the case of a pig, it has been shown according to certain researches done in the west that pig germs cause certain pathological manifestations in man’s spinal colon. The legitimate character of any type of meal prepared by people of the book has been authenticated by the Koran itself. That is why the high authorities of the charia did not see any problem in the past, and most of the people of the book had been considered as attached to their dogma and their situation falls into line canonically to ours. I have known many “ALEM” who went on, and stayed attached to this legitimacy. Although, at the present time, this alignment, both evangelical and mosaic (of Moses), is no longer sure. The doubt factor must take the role of one of the principles of rights, a fact which liberates any access for a Muslim pretending to be open –minded. Other Muslims who remain very strict reject this openness.

80- QUESTION : What means of contraception are advised, tolerated or prohibited by Islam (Condom, coil...) ?

80- ANSWER : The only means of condoms or contraception, at the prophet’s time, was what we called at the time the ‘azl (break of the coitus). The prophet’s companions used to practise it. But with the discovery of modern means of contraception, such as the coil or other means like certain specific pills, the same legitimacy is maintained because the means, that have the same aim as the ‘azl, are licit as long they are not followed by other immediate pathological misdeeds or delayed.

82- QUESTION : In which context is a marriage by contract (or for a determined period) authorized ? These days, can such a marriage be legitimate ? On which Koranic or sunite texts can their thrifier or their critics lean on ?

82- ANSWER : Marriage by contract, or as you say for a determined period of time, is called “nikah al moutaa”(marriage of pleasure). It is prohibited because it doesn’t grant to the future wife all of her rights that she has in a legitimate normal wedding.

83- QUESTION : I would like to know if, to avoid cheating on a wife, with whom we live separately (because of studies abroad and the impossibility of joining the other), the practise of masturbation is prohibited or not ?

83-ANSWER : Masturbation is a touching of the genitals, done to stimulate sexual pleasure. It is sometimes called “mental coitus”. It can result in, on the long run, a pathological state called “anaxism”, which is why the Charia prohibits it. Any erection of the penis by any incitement is prohibited, except whilst sleeping where it is tolerated, being spontaneous and unintentional. The prophet Sidna Mohammed specifies that fasting will protect him because it allows him to avoid illicit looks and to hold out from the sexual pressure that fasting controls. The American H.M. Shelton confirms this mohammadian prophetic view by underlining that “fasting helps personnal control, especially edire and passion and that explains why big priests resort to it.” The Russian Tolstoi, died in 1945, didn’t miss the relation between gluttony and incontinence, recommending fasting as the way to control strong sexual urges.

87- QUESTION : I would like to know if in fact someone must only do the khitba if he is ready for marriage. Has it got a limited duration or not ? If we plan in the far future to get married, can we start frequenting a young girl whilst respecting the religion’s rules ?

87- ANSWER : The khitba (instead of the khitab) is the marriage proposal in Islam. It must be done at all times and can also be immediately consumed by the marriage, if the fiancée is under-aged. Otherwise, all approvals can be consented, even after a few years before puberty, like the case of our Messenger with his spouse Aisha. Concerning the case you talk about, nothing prevents an anticipated frequentation of a future couple. This contact can be risky if the two people are not in agreement and if there is a certain secret mutuality. Islam considers a specific case where the two spouses materialize, after marriage. In this whole context, good faith from the spouses is needed.

90- QUESTION : Can a man of the age to get married, without the means and with an increasing sexual appetite, resort to masturbation to avoid falling in the zina ?

90- ANSWER : The prophet one day said: “the one who has the means to get married should get married. Otherwise, he must face fasting which is a brake for him.” The secret of this order is that the fasting prevents any visions leading to arousing his sex-appeal. If the believer is already married, the question asked to the prophet; to this effect by the companion Abou Horeira aggravated him by saying: “castrate yourself if you cannot control yourself!''.

92- QUESTION : I have been married for almost 15 years, and my husband does not help, particularly from the financial point of view. I asked advice from an Imam who asked me to talk to my husband about getting a divorce, but my husband refused. Then I asked the Imam if there is another alternative and he answered me to opt for justice. I would like to get a divorce, in order to put an end to this dilemma, and rebuild my life. I have there children and I am not saying that my husband is horrible, quite the contrary. Now he is much calmer than before. There was a time when he used to beat me. The problem now is that he refuses to divorce me, whether amicable or through the court. Can you guide me ?
92- ANSWER : In your case, two solutions are envisaged: 1-either you opt for a lawsuit against your husband, for failure on family responsibilities, knowing that according to the Koran it’s the essential quality for survival and success of a household. If he is unable to meet these conditions, then the divorce must be delivered by the judge himself. 2- if according to what you say, your husband seems to be willing to restructure positively, then it is up to you to think, from the human point of view, of the fate of your kids.

94- QUESTION : Is it compulsory to wear a beard ?
94- ANSWER : The collection of authentic hadiths of Muslim reported an award of the prophet who speaks of the “extension” of the beard. Muslim commentator, Al Oubbi explains this hadith, stating that this increase may not exceed a few bribes as a minimum beard. This extension, whatever its scope is, should not be mandatory, in accordance to certain concepts approved by the exegetes and jurist consults of the sources of the sharia. As for the fairly widespread custom, which calls for the big beard, it is the effect of personal connection attributed to a companion of the prophet Sidna Abdullah Ben Omar, regarded as very strict in his comments. According to the second caliph Sidna Omar Ibn khatab, the initial hadith of the prophet includes the reference to the moustache, which can be also shortened or extended, in one way or another. Yet all words said by Sidna Omar were considered by the messenger of ALLAH, by his living, as authentically enforceable. In this context, Sidna Omar does not recommend the shortening, but some extension of the moustache, which corroborates the same comment that the grand imam al Oubbi proposed, ie: the non-compulsory wearing of a large beard.

102- QUESTION : Objects of decoration such as statues are said to be totally prohibited. Likewise, some people say that even pictures are seen as such. Others say that the Prophet  had forbidden them because the Mecca people adored these statues. Are they still forbidden if used to decorate a room? Would you clarify this subject ?
102- ANSWER : Concerning statues and pictures, only those with height are forbidden because there is a hadith in which Allah will order judgement day to the one who had edified the statue to insufflate, something that no human being could make come true. Concerning a flat picture frame that does not leave a shadow, it is only not recommended because, according to a hadith by Aicha in which the messenger of Allah had ordered to take out a plane in which had been structured images and pictures for the only reason that their sight disturbs the Prophet from his prayer.

105- QUESTION : I have two questions to ask. 1. Koran and Sunna: this is my point of view on which I would be honoured if you’d enlighten me. It is clear that the Koran is the common reference for all Muslims. A believer strongly believes in the veracity of the Koran and of his Prophet Mohamed (SS). It is then obvious that the sayings of the Prophet (SS) are valid, a fact that is explicitly confirmed by the Koran (without going into the subject of the veracity of such and such Sahih). The validity of the Koran and sayings of the Prophet (SS) imply that they are coherent one another. However, many practices suggested by hadiths are not mentioned in the Koran without being contradictory with the latter. My point of view upon which I’d like to be enlightened is the following: The Koran is the only reference of our religion, in a perfect world where man is supported by faith, objectivity and intelligence. Hadiths of the Prophet (SS) appear to me as being a whole lot of examples illustrating and explaining the Koran, in the same way a teacher is explaining a lesson to a student who has not come to read between the lines of his book. 2. Fatalism and responsibility of the self. This is a subject that fascinates me and that appears to be confluent with many themes. It is obvious that if a man is judged by his deeds and by the content of his heart, he is responsible and his own judge. However, it is stipulated many times in our sacred book that Allah guides whom he likes. Without wanting to appear blasphemous, this sentence may easily lead to fatal behaviours, usually witnessed in our cultures. I have asked this particular question because I was myself, sometimes, surprised that in some situations I am led to fatalist explanations rather than following my own efforts. I have come to the following conclusion on which I would like to be enlightened. Man has, at anytime, not to doubt God’s guidance, act in the best of his capacities in the path of good, and finally go back to God. Even though this conclusion may seem coherent, certain inherent questions linger: 1. for men who are not in the right path, why are they not guided by God? In this case, if God decides to push them towards the bad path, it appears that we can speak of destiny since their actions directed to good would be in vain. 2. What to say to people who, facing atrocities and injustice in this world, retort. Why may God leave them to this? I apologize for the impudent character these questions seem to have but in no case do they have a blasphemous vocation. On the contrary, it is a questioning so as to better understand the objective and constructing doubt which is encouraged in our religion.
105- ANSWER : In fact, as we have said, the Koran is a great reference in our religion. The second is the Sunna crystallized by the authentic hadiths of the Prophet. A hadith precises it well: it sates that the sayings of the Prophet complement the Koran whilst explaining it. On the other hand, the Koran does only generalize the sublime principal of Allah whilst leaving to the Prophet any latitude to complete it, precisely the norm of charia in its specific cases. I’ll take as an example your second question related to fatalism and self-responsibility. The conclusion that you’ve made is adequate, as the verse in the Koran put it: “when you’ve made any decision, refer back to the guidance of God” which implies: “plan first and then have faith in God” which is explained by a hadith of the Prophet that incites a camel driver to hold its mount whilst having faith in God. Concerning the innovating questions in that subject matter and which are still left a stake, Allah has endowed Man with a reason able to make a clear departure between the good and the evil. So, he is free to make a choice out of determined assets. But in a case where any individual being void of reason, he is no longer responsible and in this case, a child born atheist of unfaithful family is considered as innocent by the charia after puberty, if he remains unconscious. Thus, it does not refer to destiny which consists of a unique determined option, which is not the case. In fact, according to a hadith of Omar, in any case the human being remains by all his behaviours, between the hands of God within a trial. It depends only on him to make an agreed upon choice, at last by Allah. Allah does not react thoughtlessly, leaving his servant torn between two opposed situations because it depends only on him to follow the right path.

106- QUESTION : Would you clarify the term of «HIJAMA» ?
106- ANSWER : The hijama exists in the nomenclature of the authentic aims of the Prophet as well as in the Boukhari and Muslim collections and in the four soumans. The place of the hijama or saignée is well specified in these hadiths according to the dose, the timing and the kind of illness happening. At the time of the Prophet, we didn’t usually do it on the neck of the patient, but sometimes where the illness is occurring. The hijama with its medical specifics reminds us of the acupuncture mechanism in China. In Morocco, the hija is equally in vogue in some male hairdressers, specialized in this matter. Actually, these specialized shops were doomed to disappear. The hijama had known great achievements at the time which had marked the Moroccan families’ customs (refer to my book “millennium of Moroccan medicine” edited in 2005).

108- QUESTION : Professor, I followed with great interest your participation in the round table of Saturday 28th of December 2003 at the great mosque of Dakar. Would you clarify the following subject for me? It is forbidden to do prayers of sonna after that of Sobh as well as between the afternoon and sunset prayer. Some people say that we can do the prayer of salutation of the mosque within these hours because the latter is not of the same range as those prayers of Sounna. What is the answer exactly ?
108- ANSWER : In fact, for the common believers, it’s forbidden to do, as you said, prayers of sounna after the Sobh but for the Prophet himself, these prayers are considered to be obligatory, more than (surerogatoire). Certain rites as that of Abou Hanifa, have followed the Mohammadian concept as it happens. As an outcome, if the prior has missed his fajr behind the Imam, he is allowed to do the prayer of fajr immediately without waiting for the sunrise. A great number of soufis have a tendancy to conceive that which is obligatory for the Messenger of Allah, is peremptorily for them. As to the (sureragatoire) prayer, after the “Asr”, it’s cancelled by all rites. Regarding the prayer of salutation of the mosque, it is cancelled in two cases: between the “Asr” and the sunset, and when the Imam is preaching before the Friday prayer.

113- QUESTION : I’ve come to buy a piece of furniture during a public auction sale. We don’t know the seller, he was an auditor who held a customers’ assembly. I wanted to know if these sales at auctions were lawful in Islam. Are they forbidden or, on the contrary, allowed in our beautiful religion ?
113- ANSWER : In principal, any auction sale is licit, if they gather the necessary conditions of a normal sale. In a case where the price is going down as it usually does in sales at auctions, then the sale is said to be forbidden, according to an authentic hadith. This is called “annajch”, which means where we lower or higher up the real price for aware buyers.

115- QUESTION : I am a Muslim homosexual and I am strongly attracted to the religion. Furthermore, I have the intention to follow the Tijani wird and whatever I do I cannot. I am attracted to boys and I feel lost bearing such a big secret that I cannot tell anyone. Plus, I want to die but I believe in God too much to be able to kill myself. I am suffering the martyr. I need your help to see clearly.
115- ANSWER : To be homosexual and Muslim at the same time seem to be two opposite factors, but the intention of this contrast is not to be neglected. It means that a biological may not constitute a legitimate factor but at least a mitigating circumstance. In any case, one of the factors cannot ban the other. Here, a mitigated remedy, but a temporary one relying on faith, incites you to address Allah to help you out of this dilemma. This means that you have to go on accomplishing your obligations whilst trying to reduce the defects. Such a situation had been reported in a hadith where an Arab non-believer had come to see the Prophet to ask him about the necessary and essential conditions to become Muslim. The Messenger of Allah had naturally cited those concerning certain offences that the future converted asserts not to get rid of it and the Prophet had assured him to be content at first, not to lie and the man ended up putting off , bit by bit, these defects by becoming normal. Here, faith and belief is God are more peremptory than ardent and nearer to the highest divine will.

124- QUESTION : In turkey, mussels are either prohibited by hanafites, or regarded as “makrouh” by Chafeites. We are confused. What is the truth on this point ?
124- ANSWER : In response to your question concerning the prohibition of mussels, according to hanafites and Shafeits in Turkey, we must refer to the same texts attributed to these two rites, in order to find out about the degree of this prohibition and try to find out at the same time if there is any packaging that justifies at least the “makrouh”. By doing so we avoid falling into real confusion based on misunderstanding or misinterpretation of the texts.

125- QUESTION : I drink and I smoke, but I am very committed to my religion and I have a lot of faith. May I recite the Koran and other dikrs ?
125- ANSWER : The case to which you refer is known in some Hadiths, as a “moumin assi”, meaning a believer who does not exactly respect Islam nor apply it. He remains, therefore, Muslim and non-believer, while marred by mischief. As to the situation of such moumin, who wants to recite the Koran and other dikrs, an authentic Hadith of the Prophet says: “some of those who recite the Koran are sometimes cursed by the Koran, as they knowingly go against the Koranic commandments”. In such a case, the recalcitrant must recite the verses of the Koran that he applies (such as the oneness of Allah, the existence of angels ….), not linked with “ibadates or Mouamalates”, meaning the prophetic prayers and social relationships.

126- QUESTION : Who is the “Kafir” ?
126- ANSWER : The kafir, according to many hadiths of the Prophet, is one who does not believe in the oneness of Allah. So all those who had followed Moses and Jesus, according to the authentic texts of the Bible and the gospel, are regarded as believers. Nevertheless, Jesus would, according to Islam, strengthen the creed of the messenger Moses. Whoever denies the Islamic creed is  considered by Islam as an unbeliever, except in cases where a secular space separates the promulgation of the creed because  the Mohamadian message came six centuries after Jesus To conclude, this kind of creed adopted by Islam,is based on the three Abrahamic religions.

128- QUESTION : I have live in Turkey for three years and according to the law in this country, the rent should be increased by 30% every two years. For financial reasons, we are forced to move every two years. Is the housing credit halal in our case ?
128- ANSWER : In principle, any credit even for housing ownership remains illegitimate; nevertheless there are still exceptional cases for utmost necessity, there is a principle in Islam which says: “needs legitimate prohibitions”. It remains to be seen if your case is genuine one In Morocco in particular, credits granted for economic reasons, seem to be legitimised, particularly, when it comes to credit for rent ending with the ownership of the beneficiary. If we take into account, in some cases, the effect of inflation, any credit leading to appropriation would be legitimised, if the interest is very limited. If the interest exceeds a rate considered legitimate by Islam since it represents compensation for the general cost of the credit. But it appears increasingly in Europe, that the rate of 2;5% is actually considered superior to these indemnities . The notion of exceptional cases should be conceived in this context.

130- QUESTION : It is with great interest that I discovered the articles you inserted online, after reading the article “how to organize the economy in Muslim societies” I am not sure if I have understood all the practical consequences of your analysis, and its perspective in terms of Islamic jurisprudence. Are the modern financial techniques entirely justifiable, from the Islamic point of view, taking into account that the technical revolution have transformed the economysince three centuries ago? Without doubt I would like to admit a historical reading of the condemnation of Riba in the Koran, however, we are facing the excessiveness of capitalism, even if we must renew our understanding of Riba and economic activity in the modern world, divine warning is certainly not repealed by the advent of capitalism. Thedestruction of society and the environment by an industrial production with no other goal than the maximum profitabiklity on caqpital is a logical consequence of riba? The indebteness of households and governments for uncontrolled spending, are they an aberration under the fitrah? The individual and social balance that the shari’a aims to promote is it not better protected when people cooperate, without excessive debt, and moderate their needs as the prophetic wisdom has mentioned? An examination of this issue is certainly complex, but it seems that the path taken by western company’s judeo-chirstian culture, the legalization of usury is a stalemate which the world suffers today. Thinking about the future of the modern world, globalization, and capitalism, the Koranic revelation and prophetic wisdom have a major role to play. It is the Muslim community to meet this challenge. Can you clarify your analysis on this grave and complex matter ?
130- ANSWER : I would firstly like to congratulate you on how you conceptualized Islamic economic thought in its socio-economic role; the jurisprudence analysis of these data demonstrates the availability of land in Islam, to adapt to any modern form, based on general interest. Sidna Omar ibn Al Khattab was conceptualized and analyzed the idea saying “Islam is where the general interest lies “it is true that western thinking has not always been stable in all moving world economic periods, nevertheless, what we usually call today a bank, is none other than sponsorship in the Malekite rite, where the foundation of credit is based on the principle of loss and profit, but among major powers of the modern world, there is a promoter role of some of these organizations in countries such as Japan, and Germany. In some banks, it is even able to reduce the interest rate to 2.5%, and japan is willing to eliminate it entirely, aiming at better promoting the economic movement of the country, so there is a large gap between the two ancient and modern thinking on regards to certain data on the economy, butwhose intrinsic field not far from the Islamic thought about Riba.

186- QUESTION : Concerning the prayers where the Imam reads aloud, I have once heard an Imam saying that when he reads the Fatiha and leaves time before reading a sura, we can afford to read the fatiha, but if he reads a sura immediately, we have to be quiet and listen. Another time, I have heard one saying that if during a prayer we do not read the Fatiha, the prayer is not valid. I would like to know your opinion on this question ?
186- ANSWER : An  answer to your question concerning the prior who can benefit from the pause given by the Imam to read the fatiha, a fact which is useless according to Islam, because the Imam’s recitation  is enough. In a “rekraa” where the imam does not read the fatiha aloud, the prior can read it, knowing that this reading is not obligatory.

187- QUESTION : I am asking for advice on the behaviour to have, because I have had dreams and these are the most striking : 1- I dreamt that the Koran was engraved in my heart. 2- I dreamt that I had to preside over the prayer of a group. 3- I am having premonitory dreams.
187- ANSWER : In your dreams, you had the (heur) to feel the Koran engraved in your heart and I congratulate you. Concerning the prayer presidency, the fact that you preside over a prayer group can be interpreted as proof that you are up to it. All these dreams, sometimes nightmares, cannot be premonitory, says authentic hadiths.

193- QUESTION : I would like to know why the basmala of the prayer is said aloud as far as Tijanis are concerned, unlike other Malikites who speak in hushed tones ?
193- ANSWER : The Basmala, according to an authentic hadith, is part of the fatiha, which incites Imam Shaiiy to consider as null and void any prayer where the fatiha is cited without basmala. According to a principle of his own, it is true that Imam Malik gives priority to the behaviour of the inhabitants of medina, even if this behaviour is not in accordance with the authentic hadith. In a controversy between the two imams, imam shafii asked why imam malik does not comply with the directives of the messenger of ALLAH, preferring the Midinois act. His answer had an impact on his distinguished partner because for the imam, the subsequent act of the prophet surpasses his earlier acts defined even by an authentic hadith. But they both agreed that al fatiha should be recited with a lower voice by the prior because it was probably also done by medinois companions.