Al-Ara al-Fiqhiyya al-Muasira al-Mahkum Alayha bil-Shudhudh fi al-Ibadat

Al-Ara al-Fiqhiyya al-Muasira al-Mahkum Alayha bil-Shudhudh fi al-Ibadat (Contemporary Juristic Opinions Deemed Anomalous in Acts of Worship) is a specialized study in Islamic jurisprudence by the Saudi scholar Ali ibn Rumayh ibn Ali al-Rumayhi Al-Ara al-Fiqhiyya al-Mua…. The book surveys, categorizes, and critically evaluates modern legal opinions across the chapters of ritual worship (ibadat) and related matters that have been characterized as juristically anomalous or irregular (shadhdh) Al-Ara al-Fiqhiyya al-Mua…+1.

Background and Publication

The work originated as an academic master's thesis submitted to the Department of Jurisprudence in the College of Sharia at Imam Mohammad Ibn Saud Islamic University in Riyadh Al-Ara al-Fiqhiyya al-Mua…. The thesis was defended in 1439 AH before an examination committee comprising Dr. Sulayman ibn Ahmad al-Mulhim as supervisor, along with Prof. Dr. Sa'd ibn Turki al-Khathlan and Prof. Dr. Ahmad ibn Muhammad al-Khalil as committee members, and was awarded an "excellent" grade Al-Ara al-Fiqhiyya al-Mua…. The research was supported by the Shaykh Dr. Abdullah ibn Abd al-Rahman al-Jibreen Chair for Fatwa Studies Al-Ara al-Fiqhiyya al-Mua…. It was published in two volumes by Dar al-Tahbir for Publishing and Distribution in Riyadh in 1440 AH / 2019 CE Al-Ara al-Fiqhiyya al-Mua…+1.

Structure and Scope

The book opens with an introduction and a theoretical preliminary chapter (tamhid), followed by six core thematic chapters, a conclusion, and extensive scholarly indexes Al-Ara al-Fiqhiyya al-Mua…+1:

• Preliminary Chapter (al-Tamhid): Covers conceptual definitions (opinions, contemporaneity, irregularity/anomaly, and related terminology), the standard criterion for declaring an opinion anomalous, the dangers of anomalous rulings, and the key causes of juristic irregularity among contemporary authors Al-Ara al-Fiqhiyya al-Mua…+1.
• Chapter 1: Purification (al-Tahara): Investigates ten issues, including the ritual purity of wine, the purity of abundant blood, treating all liquids like water regarding impurity unless altered, washing the hands upon waking before placing them in a vessel, using gold and silver vessels for non-eating and drinking purposes, prohibiting female circumcision, reciting the Quran while in major ritual impurity (janaba), restricting the concession of wiping over footwear to necessity, shaving the beard, and the obligation of trimming beard growth exceeding a fistful Al-Ara al-Fiqhiyya al-Mua….
• Chapter 2: Prayer (al-Salah): Contains seventeen topics, including claims regarding the innovativeness (bid'ah) of the face-veil (niqab), three-dimensional depiction of animate beings, placing hands on the chest during prayer, clasping the hands after rising from ruku', the invalidity of prayer without sending blessings on the Prophet ﷺ in the final tashahhud, following an imam who inadvertently adds a rak'ah, the timing of prostrations of forgetfulness (sujud al-sahw), whether deliberately missed prayers can be made up, dhikr with prayer beads (subha), capping tarawih prayers at eleven rak'ahs, voluntary prayer lying down for an able person, women leading men in prayer, combining prayers in residence solely due to hardship, the Friday prayer obligation on travelers, the dropping of Friday and Zuhr prayers when Eid coincides with Friday, delivering a single sermon for Eid, and exceeding four takbirs in funeral prayer Al-Ara al-Fiqhiyya al-Mua….
• Chapter 3: Almsgiving (al-Zakat): Examines three issues: the prohibition of rounded gold jewelry, the non-obligation of zakat on trade merchandise, and the non-obligation of zakat on paper currency Al-Ara al-Fiqhiyya al-Mua….
• Chapter 4: Fasting (al-Siyam): Covers five issues: the fasting obligation for an individual moon-sighter whose testimony is rejected, reliance on astronomical calculations for determining the month's start, the ruling of expiation without making up missed days for deliberate intercourse during Ramadan, the non-nullification of fasting via injections and nasal snuff, and the prohibition of fasting on Saturday Al-Ara al-Fiqhiyya al-Mua….
• Chapter 5: Pilgrimage (al-Hajj): Investigates five issues: entering Mecca without ihram, calculating alignment (muhadhah) with the miqat, the pilgrim returning to the state of ihram if unable to perform ifada tawaf before sunset on the Day of Sacrifice, the non-obligation of fidyah for prohibited acts or missed obligations except for head-shaving and intercourse, and sacrificing animals other than livestock (bahimat al-an'am) Al-Ara al-Fiqhiyya al-Mua….
• Chapter 6: Jihad and Governance (al-Jihad): Addresses four contemporary positions: restricting jihad exclusively to defense, permitting the killing of enemy women and children if they kill Muslim women and children, permitting the construction of churches in Muslim lands, and permitting a non-Muslim to assume the head of state Al-Ara al-Fiqhiyya al-Mua….

Methodology and Findings

In each topic, the author describes the legal scenario, defines the exact locus of claimed anomaly, identifies the contemporary figures holding the view, and outlines earlier scholar judgments labeling it anomalous Al-Ara al-Fiqhiyya al-Mua…+1. He then analyzes the textual and rational evidence across the recognized legal schools (madhahib), documents the cause of disagreement (sabab al-khilaf), and evaluates whether the verdict of irregularity is justified Al-Ara al-Fiqhiyya al-Mua…+1.

The author concludes that the definitive criterion for declaring an opinion anomalous (shadhdh) is its contradiction of an explicit, authentic text or an established consensus (ijma'), with contradiction of consensus being the most frequent trigger Al-Ara al-Fiqhiyya al-Mua…. His research divides the surveyed issues into three categories: opinions whose irregularity was substantiated, opinions shown not to be anomalous, and ambiguous cases where irregularity was not definitive though leaning toward it Al-Ara al-Fiqhiyya al-Mua…. The work identifies several causes for contemporary anomalies, notably rigid literalism, excessive caution and blocking of means (sadd al-dhara'i'), overly broad invocations of public interest (maslahah) and higher legal objectives (maqasid), justifying prevailing secular realities, intellectual weakness, and neglect of established consensus Al-Ara al-Fiqhiyya al-Mua….

Reception

The study received commendations from members of its defense committee published in the work's opening pages. Sa'd ibn Turki al-Khathlan praised its systematic presentation and rigorous analysis of modern contentious fatwas, noting his agreement with the author on the classification of most issues as anomalous while registering disagreement on a few during the defense Al-Ara al-Fiqhiyya al-Mua…+1. Ahmad ibn Muhammad al-Khalil similarly commended the author's precision in editorial analysis (tahrir al-masa'il) and the work's extensive citations and benefits Al-Ara al-Fiqhiyya al-Mua….