TAHAARAAH AND NAJAASAT

PRESENTED AT FIQIH COURSE

SEMESTER 2 CLASS AG 5-6

COMPILED BY

GRUP 2

 THALIA NAFITRA RAMADIAN SYAM

 SRI RESKI BUSTAM
 FARAH DHILAH M
 HUSNUL KHATIMAH

ENGLISH AND LITERATURE DEPARTMENT

ADAB AND HUMANITIES FACULTY

UIN ALAUDDIN OF MAKASSAR

2019

1
DAFTAR ISI

Preface

BAB I PRELIMINARY

A.Background.........................................................................................................1

BAB II DISCUSSION

A.TAHARAH........................................................................................................2-3

1. Four Coundition of Water Taharah................................................................3

1.1. Mutlaq Water......................................................................................3-10

1.2. Musta’mal Water..............................................................................10-15

1.3. Water That is Mixed With Scared Goods........................................16-17

1.4. Air Mutanajjis...................................................................................17-18

2. Other Water Condition

2.1. Musakhkhan Musyammas Water.....................................................18-20

2.2. Muskhkhan Gairu Musyammas Water...............................................20

3. Wudlu.....................................................................................................20-22

4. Bathing.....................................................................................................22

5. Tayammum.............................................................................................22-24

B. NAJASAH..................................................................................................24-26

1. Definition..................................................................................................26

2. Distribution of Najasah.............................................................................26

2.1. Unclean Light (Mukhaffafah)............................................................27

2.2. Unclean Weight (Mughalladzah)......................................................27-28

2.3. Unclean Middle (Mutawassitah)..........................................................28

3. Impurity of Human Body.........................................................................28-32

4. Animals That are Still Alive.....................................................................32-38

2
5. Dead Animal.............................................................................................38-40

6. Objects Whose Impurity is Not Agreed By The Ulama...........................40-41

7. Unclean Forgiveness.................................................................................41-42

3
 PREFACE

All praise is to Allah SWT who has poured out His Grace so that we can
complete the paper assignments given by the supervisor in the Fiqh course.
Prayers and greetings may always be poured out on the noblest leader, the best
moral man, the Prophet Muhammad, to his family, friends and loyal followers
until the end of time. Amen

This paper is titled "Thaharah and Najasah" which will later provide an
understanding to the reader about things related to thaharah. . Maybe the author
can't make this paper as perfect as possible. Therefore, critics and suggestions are
very writers expect from readers. Especially from lecturers who have guided
writers in this course.

I also convey my gratitude to my supervisor who has given direction and also to
the people around me who have helped me in obtaining material resources that I
can use as guidelines for completing this paper.

4
 BAB I

PRELIMINARY

A. Background

In various kinds of books that explain about jurisprudence, the thaharah

chapter is always in the earliest or most important chapter. That happens because
thaharah is the most important part to learn. Carrying out prayers without
thaharah, of course, the prayers done are invalid. In the sense that if someone is
praying without purifying first, then the prayer he is doing is futile. because
basically Islam does require that everyone who wants to implement shlat must be
pure.

Maybe there are still many among lay people who do not know exactly about
the importance of thaharah. But there is no denying that the language is also
someone who knows about thaharah but ignores it. therefore the author will try to
explain a little what the author knows about thaharah from various sources.
Hopefully through this paper Muslims are aware of the importance of thaharah
and do not ignore the importance of thaharah again

5
 BAB II
DISCUSSION

A. TAHARAH

Thaharah (‫ )طهارة‬in Arabic means An-Nadhzafah (‫)النظافة‬, which is cleanliness.

But what is meant here is not merely cleanliness. Thaharah in terms of jurists is:

(‫)عبارة عن غسل أعضاء مخصوصة بصفة مخصوصة‬, which is washing certain limbs in a
certain way.

(‫)رفع الحدث و إزالة النجس‬, which is lifting the hadats and eliminating unclean.

In the view of sharia, water is a special object and has a special position,
which is the main medium for performing berthaharah ritual worship. Water is a
medium that serves to eliminate unclean, while also functioning as a medium to
eliminate hadats.

Although other objects can also be used as berthaharah media, but water is the
main medium. For example, is land. Land can indeed function to remove unclean,
but the main one is still water. Heavy unclean like licking dogs, purified with
water 7 times, soil is only one of them. Land can indeed be used for
bertayammum, but as long as there is still water, tayammum is still not working.
So when we talk about blood, the chapter on water becomes a chapter that cannot
be underestimated.

1. Four Conditions of Water in Thaharah

However, not all water can be used for purification. There are a number of
water conditions that do not allow it to be used for purification. The scholars have
divided this water into several conditions, related to the law to be used for
purification. Most of what we get in the book of fiqh, they divide it into 4 types,
namely:

6
· Water mutlaq

· Water musta’mal

· Water mixed with sacred objects

· Water mixed with unclean objects.

The following is a brief description:

1.1. Mutlaq Water

Mutlaq water is a state of water that has not undergone any process. The water
is still original, in the sense that it has not been used for purification, is not mixed
with holy objects or unclean objects.

This mutlaq water is sacred and legitimate to be used for purification, namely
for ablution 'and janabah bathing. In jurisprudence known as ‫طاهر لنفسه مطهر لغيره‬
thahirun li nafsihi muthahhirun li ghairihi.

There is a lot of holy water, but not all of the holy water can be used to purify.
Holy water is water that can be used or consumed, for example tea water, coconut
water or other water.

But not necessarily may be used to purify such as ablution or bathing. Then
there is holy water but it does not purify, but every purifying water must be pure
water. Among the waters included in the holy group and purifying these include:

1.1.1. Rainwater

The rain water that comes down from the sky is holy law and also purifies.
Suci means not being unclean. Purifying means it can be used for ablution,
janabah bathing or unclean cleaning of an object.

Even though in this day and age rainwater has been polluted and contains high
acid, the law does not change, because the damage to rainwater is caused by

7
pollution and pollution of human hands and substances that contaminate it are not
unclean.

When water from the earth evaporates up into the sky, then actually steam or
water points are clean and holy. Even though the source is contaminated, dirty or
unclean water.

Because when it is illuminated by the sun, which rises upward is the steam
which is the process of separation between water and other substances which
contaminate it. Then the water drops back to earth as drops of water that have
undergone a natural distillation process. So the water has become holy again
through the process.

It's just that city air contaminated with industrial smoke, motorized vehicles
and other fires fill our sky. When the drops of rain fall, dissolve all the content of
the pollution back in the sky.

But even so, in terms of sharia and the law of water, the rain water remains
pure and purifies. Because the pollution that rises into the air is essentially not an
unclean item. Although it is toxic and dangerous for health, but as long as it is not
unclean according to the rules of sharia, the mixing of rainwater with air pollution
does not make the rainwater change its law as holy and purifying water.

Moreover, air pollution is still limited to certain areas such as cities that are
full of air pollution. In many places on this earth, there are still many blue and
clean skies so that the rainwater that falls in the area is still healthy. About the
purity of rain water and its function to purify, Allah SWT has said:

‫إذ يغشيكمالنعاس أمنة منه وينزل عليكم من السماء ماءليطهركم به ويذهب عنكم رجز‬
‫الشيطان وليربط علىقلوبكم ويثبت به األقدام‬

When God makes you sleepy as a reassurance from Him, and Allah sends down to
you rain from heaven to purify you with that rain and remove from you

8
disturbances of shaitan and to strengthen your heart and strengthen with your
feet. (QS. Al-Anfal: 11)

‫ورا‬ َ ‫اء َما ًء‬

ً ‫ط ُه‬ َّ ‫ي َرحْ َمتِ ِه َوأ َ ْنزَ ْلنَا ِمنَ ال‬
ِ ‫س َم‬ ْ َ‫لريَا َح بُ ْش ًرا بَيْنَ يَد‬ َ ‫َو ُه َو الَّذِي أ َ ْر‬
ِّ ِ ‫س ََل‬

He is the one who blew the wind carrying the good news near before the coming
of his mercy; and We send down from the sky a very clean water. (Surat al-
Furqan: 48)

1.1.2. Snow

Actual snow is almost the same as rain, which is the same water that comes
down from the sky. It's just that the temperature conditions make it snow grains
which are essentially water but freeze and fall as snow.

The law is of course the same as the law of rainwater, because both experience
a similar process except in the final form. A Muslim can use snow that falls from
the sky or snow that is already on the ground as a medium for purification,
ablution, bathing or otherwise.

Of course, the temperature must be considered not to be a source of disease.

There is a hadith of the Prophet Muhammad who explained the position of snow,
its purity and also its function as a purifying medium. In a prayer for each prayer,
one version mentions that we ask Allah SWT to be purified from sin with water,
snow and dew.

‫ اللهم نقني من خاطايا كما‬,‫اللهم باعد بيني وبين خطاياكما باعدت بين المشرق والمغرب‬
‫ اللهم اغسلني من خطايا بالماء والثلج والبرد‬,‫ينقى الثوب من الدنس‬

From Abi Hurairah ra that the Messenger of Allāh acaan said when asked what
reading he had said between takbir and al-fatihah, he replied, "I read," O Allah,
Keep me from my mistakes as you distance between East and West. O God, purify
me of my mistakes as clothes are cleaned of dirt. O God, wash me from my
mistakes with snow, water and dew "(Narrated by Bukhari 744, Muslim 597, Abu
Daud 781 and Nasai 60)

9
1.1.3. Dew

Dew is also part of the water that descends from the sky, though not in the form
of heavy rain. Dew is more water drops that will look a lot on the stretch of leaves
in the morning.

Then the dew drops that are on the leaves or on sacred objects, can be used to
purify, either for ablution, bathing, or removing unclean.

The argument is the same as the above proposition, namely the hadith about
Abu Hurairah's iftitah prayer ra.

1.1.4.Sea Water

Sea water is holy water and also purifies. So that it can be used for ablution,
bathing janabah or to cleanse themselves from excretion (istinja'). Also included is
to purify items, bodies and clothes that are exposed to unclean.

Even though the taste of sea water is salty because of its high salt content, but
the law is the same as rainwater, dew or snow. Can be used to purify. Previously
the companions of the Prophet Muhammad did not know the law of seawater, so
that when there were those who sailed in the middle of the sea and stocked the
water they brought only enough for drinking, they berijtihad for ablution using sea
water.

When they returned to the mainland, they immediately asked the Prophet
Muhammad about the law of using sea water as a medium for ablution. Then the
Messenger of Allāh answered that the sea water was holy and even the carcass
was holy too.

‫ سأل رجل رسول هللا‬:‫ عن أبي هريرة رضي هللا عنهقال‬s ‫ يا رسول هللا إنا نركب‬:‫فقال‬
ُ ‫البحرونحمل معنا القليل من الماء فإن توضأنا به عطشنا أفنتوضأ بماء البحر? فَقَالَ َر‬
ِ‫س ْو َل هللا‬
‫الح ُّل َم ْيتَتُهُ رواه الخمسة‬ َّ ‫ ُه َو‬:‫صلى هللا عليه وسلم‬.
ِ ُ‫الط ُه ْو ُر َماؤُ ه‬

10
From Abi Hurairah ra that there was a person asking the Messenger of Allāh `, O
Messenger of Allah, we affected the ocean and only brought a little water. If we
use it for ablution, we must be thirsty. Can we wash with sea water? The
Messenger of Allāh, answered, `(the Sea) is holy water and halal carcass.
(Narrated by Abu Daud 83, At-Tirmizi 79, Ibn Majah 386, An-Nasai 59, Malik
1/22) 4.

This hadith also explains that marine animals are also halal eaten, and if they die
become carcasses, the carcass remains sacred.

1.1.5. Zam Zam water

Zam-zam water is water that comes from springs that never dry out. The
spring is located a few meters beside the Ka'bah as all the first spring water
sources in the city of Mecca, since the time of the Prophet Ismail peace be upon
him and his mother first set foot in the region.

The zam zam may be used for purification or ablution, there is a hadith of the
Prophet Muhammad from Ali bin Abi Talib radhiyallahu ‘anhu.

َّ ‫سو ُل‬
ِ‫َللا‬ َ ‫ب ِم ْنهُ َوت ََوضَّأ ث ُ َّم أَفَا‬
ُ ‫ض َر‬ ِ ‫عا ِبسِجْ ٍل ِم ْن َم‬
َ ‫اء زَ ْمزَ َم فَش َِر‬ َ َ‫فَد‬

From Ali ibn Abi Talib ra that the Prophet Muhammad asked for a bucket full
of zam-zam water. He drank it and also used it for ablution. (Narrated by
Ahmad).

In addition, may be used for purification, disunnahkan for us to drink zam-

zam water, because the water has its own glory beside God.

But the scholars differed slightly about using zamzam water to cleanse it
unclean, becoming 3 opinions:

First opinion

The Al-Hanafiyah school, the Ash-Syafi'iyah school and one of the narrations
of Imam Ahmad argue that zamzam water may be used to lift hadats, namely

11
ablution or janabah bathing. But it is not liked (karahah) if it is used for unclean
cleaning. That is because the position of zamzam water is very noble, so they tend
to be less fond of us being able to party unclean with zamzam water.

Second opinion

The Al-Malikiyah School officially did not distinguish between the zamzam
water skills used for lifting hadats or for unclean cleaning. Both are legitimate
without karahah. In their view, zamzam water can be used for purification, both
for ablution, bathing, istinja 'or eliminating unclean and dirt on bodies, clothing
and objects. All that does not reduce the honor of zam-zam water.

Third opinion

Imam Ahmad bin Hanbal in one of the narrations mentioned that he argued was
included karahah (not liked) if we used zamzam water for purification, both for
lifting hadats (ablution or janabah bathing), especially for unclean cleansing.

This opinion is supported by the atsar proposition of the Companions of the

Prophet SAW namely Ibn Abbas radhiyallahu anhu:

ِ ‫ب أ َ ْو ِلمتَ ُُ َو‬ ُ
‫ضِّىء َح َّل َو بَ َّل‬ ٍ ‫َار‬ َ ‫الَ أ ِحلُّ َها ِل ُم ْغت َ ِس ٍل يَ ْغت َ ِس ُل في ِ ال َمس ِْج ِد َوه‬
ِ ‫ِي ِلش‬

I do not justify it for people who bathe (janabah) in the mosque, but zamzam
water is for people who drink or make people who are ablutions'

1.1.6. Well Water or Springs

Well water, spring water and river water are sacred and purifying water.
Because the water comes out of the land that has done purification. We can use
the water for ablution, bathing or purifying ourselves, clothes and things from
unclean.

The idea of the purity of well water or spring is a hadith about the Buddha's
well located in the city of Medina.

12
‫ يا رسول هللا أتتوضأ من بئربضاعة وهي بئر يلقى فيها‬:‫ قيل‬:‫عن أبي سعيدالخدري قال‬
َّ ‫سو ُل‬
ِ‫َللا‬ ُ ‫ الحيض ولحوم الكَلب والنتن? فَقَا َل َر‬s: َ‫ َر َواهُ أَحْ َمد‬.‫َي ٌء‬ ُ ‫ور الَ يُن ِ َِّج‬
ْ ‫س ُهش‬ َ ‫ْال َما ُء‬
ٌ ‫ط ُه‬
ُّ ‫َوأَبُو دَ ُاود َوالتِ ِّ ْر ِم ِذ‬
‫ي‬

From Abi Said Al-Khudhri, he said that one asked, 'O Messenger of Allah, Can
we perform ablution' from the Budhoahah well? The Messenger of Allāh,
answered, `Water is holy and not defiled by something`. (Narrated by Abu Daud
66, At-Tirmizy 66, An-Nasai 325, Ahmad3 / 31-87, Al-Imam Asy-Shafi'i 35)

1.1.7. River water

Whereas river water is basically sacred, because it is considered the same

character as well water or springs. Since then Muslims are accustomed to bathing,
ablution or unclean cleansing including resting with river water.

However, along with the occurrence of unbearable environmental

destruction, especially in big cities, the river water is heavily polluted with toxic
waste which, although legally may not contain unclean, but water contaminated
with heavy metals is very dangerous to health.

Then we should not use the water because it gives a greater amount of
medicine. In addition, often the water is heavily polluted with livestock waste,
toilet waste or even people defecating inside the river. So that over time river
water changes color, smell and taste. Then it could be that the water becomes
unclean even though there are many.

Because even though there are many, but along with the continuous pollution
process that changes the taste, color and aroma that makes it unclean feels very
dominant in river water, it is clear that the water becomes unclean. So it is not
valid if it is used for ablution, bathing or unclean cleansing. But that is if the taste
really feels, the aroma and color change like an unclean smell.

13
 But generally this does not occur in seawater, because the amount of sea
water is far more even though seawater pollution is already quite severe and
sometimes causes a foul odor on the beaches that are dirty.

1.2. Musta'mal Water

The second type of water distribution is water that has been used for
purification. Both the water dripping from the remains of the ablutions' on
someone's body, or the rest of the water from the janabah bath. The used water for
washing can then go back into the shelter. Scholars often refer to this type of
water as musta'mal water.

The word musta'mal comes from the basis of ista'mala - yasta'milu ( - ‫استعمل‬
‫ )يستعمل‬which means to use. Then musta'mal water means water that has been used
to do thaharah, namely ablution or janabah bathing.

Water must be different from water used to wash hands, or wash face or used
for other purposes, other than for ablution or bathing.

Water left over from washing hands, washing your face, washing your feet or
remaining ordinary baths that are not janabah baths, the status remains absolute
water which is sacred and purifies. The water is not called water musta'mal,
because it is not used for ablution or janabah bathing.

Then how is the law to use Musta'mal water? Can the remaining water used for
ablution or janabah bath be used again for ablution or janabah bathing?

In this case, indeed the ulama differed on whether water must be used again for
ablution and janabah bathing.

The difference of opinion was triggered by differences in the texts from the
Prophet Muhammad that we received from the Prophet Muhammad. Some of the
hadith texts include:

14
 ِ ‫ ال يَ ْغت َ ِس ُل أ َ َحدُ ُك ْم فِي ا َ ْل َم‬s ِ‫َللا‬
ُ‫اء اَلدَّائِ ِم َو ُه َو ُجنُبٌ أ َ ْخ َر َجه‬ ُ ‫ قَا َل َر‬:َ‫ع ْن أ َ ِبي ُه َري َْرة َ ض قَال‬
َّ َ ‫سو ُل‬ َ ‫َو‬
.‫س ِل ٌم‬
ْ ‫ُم‬

From Abi Hurairah, ra said that the Messenger of Allāh, said, "Never one person
bathe in still water in a state of junub. (Narrated by Muslim)

"‫ "منه‬:‫ ثم يغتسل فيه ولمسلم‬,‫ ال يبولن أحدكم في الماء الدائم الذي ال يجري‬:‫وللبخاري‬
‫ وال يغتسل فيه من الجنابة‬:‫وألبي داود‬..

"Let no one urinate in the still waters that do not flow, then he bathes in the
water." 7 History of Muslims, "Bathe from the water" .8 In the history of Abu
Daud, "Do not take a bath in the water. (Narrated by Muslim)

‫نهى رسول هللا أن تغتسل المرأة بفضل الرجل أو الرجل‬: ‫وعن رجل صحب النبي ص قال‬
‫ي‬ َ َّ‫ َوالن‬.‫ خرجه أبو داود‬-‫بفضل المرأة وليغترفا جميعا‬
ُّ ‫سا ِئ‬

From someone who became a friend of the Prophet SAW said, "Rasululllah SAW
forbade a woman from taking a bath with Janabah with male janabah bathing
water. And forbid men from taking Janabah bathing with female janabah bathing
water. Each of them should take water. (Narrated by Abu Daud and An-Nasa'i)

ُ‫ع ْن َها أ َ ْخ َر َجه‬ َّ َ ‫ي‬

َ ُ‫َللا‬ ِ ‫ض ِل َم ْي ُمونَةَ َر‬
َ ‫ض‬ َّ ِ‫ع ْن ُه َما أ َ َّن اَلنَّب‬
ْ َ‫ي َكانَ يَ ْغت َ ِس ُل بِف‬ َّ َ ‫ي‬
َ ُ‫َللا‬ َ ‫ض‬
ِ ‫َّاس َر‬
ٍ ‫عب‬َ ‫ع ْن اِب ِْن‬
َ ‫َو‬
‫ُم ْس ِل ٌم‬

From Ibn Abbas, it was said that the Prophet SAW had bathed with the water of
the former Maimunah ra. (Narrated by Muslim)

‫ إني‬:‫ فقالت له‬,‫ فجاء ليغتسل منها‬,‫وألصحاب السنن اغتسل بعض أزواج النبي في جفنة‬
‫ إن الماء ال يجنب‬:‫كنت جنبا فقال‬

History of Ashhabussunan: "That one of the Prophet's wives had bathed in a

bucket then the Prophet came and took a bath from him then said his wife," I had
taken a bath at the same time, then the Prophet replied: "Indeed the water does
not participate in marriage".

15
 But if we tell more deeply, it turns out that the understanding of musta'mal
among the jurists' schools still has a variety of differences.

Now let us try further and we look at the differences in the views of the jurists
about the notion of musta'mal water, or how it can become musta'mal: Air
Musta'mal

# Al-Hanafiyah Ulama

According to this school, what becomes musta'mal is water that soaks only the
body and not the water left in the container. The water immediately has the law
musta'mal when it drips from the body as the rest of ablution or bathing.

Water musta'mal is water that has been used to lift hadats (ablution for prayer
or obligatory bathing) or for qurbah. That is to say ablution 'sunnah or sunnah
bath.

While the water in the container does not become musta'mal. For them, this
water musta'mal is holy but cannot purify. This means that the water is holy is not
unclean, but can not be used again for ablution or bathing.

# Al-Malikiyah Ulama

Water mustamal in their sense is water that has been used to lift ablution or
bathe. And it is not distinguished whether ablution or bathing is obligatory or
sunnah. Also that has been used to eliminate khabats (unclean goods).

And like Al-Hanafiyah, they also said ‘that what musta’mal is only ablution or
bathing water that drips from one's body. But the difference is that water must be
in their opinion sacred and purify.

That is, it can and is legitimately used to be used again for ablution or sunnah
baths as long as there is other water even though it is karahah (not liked).

#Ash-Syafi'iyyah Ulama

16
 Water musta'mal in their sense is a little water that has been used to lift the
hadats in the fard of taharah from the hadith. The water becomes musta'mal if the
number is taken away with the intention of ablution or bathing even for washing
hands which is part of the sunnah ablution.

But if the intention is only to snatch it that is not related to ablution, then it is
not yet considered to be mustamal. Included in Musta'mal water is good bathing
water for people who convert to Islam or take baths or bathing people who
recover from crazy. And the water is said to be mustamal if it has been released or
dripped from the body.

This water musta'mal in the school of law cannot be used for ablution or for
bathing or for unclean washing. Because the status is sacred but it doesn't purify.

#Al-Hanabilah Ulama

Water musta'mal in their sense is water that has been used for purification of
small hadh (wudhu) or large hadats (bathing) or for removing unclean in the last
washing of 7 washing times. And for that water does not experience changes in
both color, taste and aroma.

In addition, used water bathes the body including water musta'mal. But if the
water is used to wash or wash something that is outside the framework of
worship, water must not be said. Like washing a face that is not in a series of
ritual ritual ablutions. Or hand washing which also has no connection with
ablution rituals.

And as long as the water is being used for ablution or bathing, it must not be
said musta'mal. The law of musta'mal has just fallen if someone has finished using
the water for ablution or bathing, then doing other work and coming again for
ablution or bathing again with the same water. It was only then that the water was
musta'mal.

17
 The school also says that if there is a little drop of musta'mal water that falls
into the water which is less than 2 c, then it does not cause the water to become
'infected' with its must.

Qullah's 2 Volume Limits

The scholars when distinguishing water musta'mal and not (ghairu) musta'mal,
made a limit to the size of the volume of water. Its function as a minimum limit to
be able to say a water becomes musta'mal.

If the volume of water has exceeded the minimum volume, then the water is
free from the possibility of musta'mal. That means, a certain amount of water,
even though it has been used for ablution or janabah bathing, is not subject to the
law as musta'mal water.

The basis is the words of the Prophet Muhammad:

‫ إذا كان الماء قلتين لم يحمل‬s ‫ قال رسول هللا‬:‫عن عبد هللا بن عمر رضي هللا عنهما قال‬
‫أخرجه األربعة‬-‫ لم ينجس‬:‫ وفي لفظ‬-‫الخبث‬

Abdullah bin Umar ra. Said, "Rasulullah SAW said:" If the water has reached two
qullah, it does not contain dirt. In another lafadz: "not unclean". (Abu Dawud,
Tirmidhi, Nasa'i, Ibn Majah)

It is this hadith that underlies the existence of the two qullah volumes of water,
which becomes a small volume of water.

It is stated in this hadith that the measure of the volume of water which limits
the likelihood of water is 2 qullah. So the term qullah is a measure of the volume
of water. The size of this volume of water must be foreign to our ears. Because
this size is not commonly used today. We use a volume of liquid with a liter,
cubic or barrel.

While the term qullah is a measure used in the time of the Prophet Muhammad
was still alive. Even 2 centuries later, the scholars of jurisprudence in Baghdad

18
and even in Egypt no longer used the qullah scale. They use rithl sizes which are
often translated as kati.

Unfortunately, this rithl size is not standard in some Islamic countries. 1 rithl
for the people of Baghdad was different from the size of 1 rithl for the Egyptians.
As a result, this size is rather difficult too actually.

In many books of fiqh it is stated that the size of volume 2 qullah is 500 rithl
Baghdad. But if measured by Egyptians, the amount is not like that. The
Egyptians measured 2 qullah with their rithl size and apparently the number was
only 446 3/7 rithl.

The funny thing is, once the people in Sham measure it using their size, whose
name is also small, the number is only 81 rithl. However, they all agreed that
volume 2 of qullah was the same, which caused a difference because the volume
of 1 rithl Baghdad was different from the volume of 1 rithl of Egypt and volume 1
rithl Syam.

Then actually what is the size of the volume of 2 qullah in the size of the
international scale in the present?

Contemporary scholars then try to measure it with the magnitude of the

present. And it turns out that in the present size is approximately 270 liters.17

So if the water in a container is less than 270 liters, then it is used for ablution,
taking a bath or entering water that has been used for ablution, then the water is
considered mustamal.

Water is physically sacred, but it cannot be used for purification (ablution) or

bathing. But if it is not used for ablution such as ordinary hand washing, then it is
not categorized as musta'mal water.

19
1.3. Water That is Mixed with Sacred Goods

The third type of water is water mixed with holy goods or items that are not
unclean. The law remains holy. Like water mixed with soap, camphor, flour and
others. As long as the name of the water is still attached to it.

But if the water has come out of its character as absolute or pure water, the
water is holy but not purifying. For example water is mixed with milk, even
though the water is holy and milk is also a sacred object, but the mixture of water
and milk has removed the main nature of pure water into a milk solution. Water
like this can no longer be said as absolute water, so it is legally invalid if used for
ablution or janabah bathing. Even though it still remains holy.

Likewise with water mixed with meat broth, sliced meat and spices. We
consider the water to be out of the character of his death. In fact, we no longer call
it water, but we call it 'meatball sauce'. Of course we are not allowed to perform
ablution with meatball sauce.

The same thing happens in the case of water mixed with other objects, such as
brewed tea, coffee, wedhang round, coconut milk, gado-gado sauce, semur and
opor sauce and so on, although all contain water and are mixed with holy objects,
but the water experiencing a change in character and losing his absolutes. So that
the water is still sacred even though it is not valid to be used as a medium for
purification.

About camphor, there is a hadith that says that the Prophet Muhammad ordered
us to bathe the corpse by using it.

From Ummi Athiyyah, he said that the Messenger of Allah said: 'Bathe him
three times, five times or more than that with water sidr (bidara) and make it the
last of camphor water (Narrated by Bukhari 1258, Muslim 939, Abu Daud 3142 ,
Tirmizy 990, An-Nasai 1880 and Ibn Majah 1458).

And the corpse was not bathed except by using holy water and purifying it, so
that the water of the capus and sidr was the law including the sacred and

20
sanctified. Whereas about the water mixed with flour, there is a hadith narrated by
Um Hani.

From Umm Hani 'that the Prophet Muhammad bathed with Maimunah ra from
the same container, a place that was left over from flour. (HR. Nasai 240, Ibnu
Khuzaimah 240)

1.4. Mutanajjis water

Mutanajjis water means water mixed with unclean goods or objects.The water
mixed with the unclean object can have two legal possibilities, it can also become
unclean as well or it can be otherwise, that is, participate not to become unclean.
Both depend on whether the water changes or not, after being mixed with unclean
objects. And the change is very closely related to the ratio of the amount of water
and the amount of unclean stains.

In water whose volume is a bit like water in a bathroom pool, logically if you
enter into a dog carcass, we will say that the water becomes mutanajjis or also
becomes unclean as well. Because the water has been polluted with a large
proportion of unclean objects and a small amount of water volume.

But in the case of the dog carcass being thrown into a large lake, of course not
all the water in the lake turns unclean. especially if the water is water in the ocean.
In the sea there are countless unclean numbers, but all that is unclean compared to
the volume of seawater, can certainly be ignored. Except for seawater near the
unclean source that changes due to unclean contamination, the law also becomes
unclean.

Indicator of Impurity

In order for us to be able to judge whether the water into which the unclean
object was entered into it became unclean or not, the scholars made indicators,
namely taste, color or aroma.

21
a. Changing Sense, Color or Aroma

If the taste, color or aroma changes when a certain amount of water is exposed
to or is possessed by unclean goods, then the law of the water will also become
unclean. This was mentioned by Ibnul Munzir and Ibnul Mulaqqin.

b. Does Not Change Sense, Color or Aroma

Conversely, if the three krieteria above do not change, then the law of water is
sacred and purifies. Either the water is a little or a lot. The argument is a hadith
about a`rabi (Arabic village) that urinates in a mosque:

‫ قامأعرابي فبال في المسجد فقام إليه الناس ليقعوا به فقال النبي دعوه‬:‫عن أبي هريرة قال‬
- ‫ فإنما بعثتم ميسرين ولمتبعثوا معسرين‬,‫وأريقوا على بوله سجَل من ماء أو ذنوبا من ماء‬
‫رواه الجماعة إال مسلما‬

From Abi Hurairah ra that a`rabi has entered the mosque and urinated in it.
People stood up to take action, but the Messenger of Allāh `said, 'just leave it
first, take it on the urinal, a bucket of water. Surely you are raised to make it easy
and not to cause trouble. (Narrated by Bukhari 220, Abu Daud 380, Tirmizy 147
An-Nasai 56 Ibn Majah 529).

From Abi Said Al-Khudhri, he said that one asked, 'O Messenger of Allah, Can
we perform ablution' from the Buddha's well? The Messenger of Allāh, answered,
`Water is holy and not defiled by something`. (Narrated by Abu Daud 66, At-
Tirmizy 66, An-Nasai 325, Ahmad 3 / 31-87, Al-Imam Asy-Shafi'i 35) 18.

2. Other Water Conditions

2.1. Musakhkhan Musyammasy Water

Musakhkhan Water (‫ )مسخن‬means it is heated water. While musyammas

(‫ )مشمس‬is taken from the word syams which means sun.

22
 So the water musakhkhan musyammas means water that changes its
temperature to heat due to sunlight. Whereas water that is heated by a stove or
with an electric heater, is not included in the discussion here.

The law of this water for use has become an error among scholars.

a. Opinions That Allow Absolute

This opinion says there is no difference between water heated by the sun or
plain water. Both are sacred and purify and may be used without affection. Those
who argue like this are generally jumhur Al-Hanafiyah and Al-Hanabilah schools.
Even some scholars in the As-Syafi'iyah circles such as Ar-Ruyani and Al-Imam
An-Nawawi also shared the same opinion.

b. Complaining Opinions

This opinion tends to impact water heated by sunlight. Among those who
claimed it were the Al-Malikiyah school in a public opinion, some ulama were
among the schools of thought and some were Al-Hanafiyah.

This second opinion generally refers to the atsar of the Companions of the
Prophet SAW, Umar bin Al-Khattab radhiyallahu anhu, who requires bathing with
water heated by sunlight.

‫ش َّمس‬
َ ‫اء ال ُم‬
ِ ‫سا َل باِل َم‬ ِ ُ‫أَنَّهُ َكانَ يَ ْك َره‬
َ ِ‫اإل ْغت‬

That he requires bathing using musyammas water (Narrated by Ash-Shafi'i)

This ban was allegedly based on the fact that direct sunlight-heated water will
have a negative impact on health, as its supporters say (‫)يورث البرص‬, which results
in striped disease.

ُ ‫الَ ت َ ْفعَلي ِ يَا ُح َمي َْراء فَإِنَّ َها ي ُْو ِر‬

‫ث البَ َرص‬

Don't do it, O Humaira 'because he will carry a striped disease. (Narrated by Ad-
Daruquthuny)

23
 The affinity they put forward is actually only in the health area, not in the
sharia region.

However, those who supported this opinion, such as Ad-Dardir, stated that the
musyammas musakhkhan water being makruh was used for berthaharah, when it
was carried out in a country that was very hot like in the Hijaz (Saudi Arabia).
Whereas a country that does not experience extreme heat such as in Egypt or
Rum, the law of its influence does not apply

2.2. Musakhkhan Ghairu Musyammasy

Musakhkhan ghairu musyammasy means water that is hot but not because of
direct sunlight.

Malikiyah and Ash-Syafi'iyah said that this water was not makruh for ablution or
janabah bathing, because there was no argument that made a claim.

Even Al-Imam As-Shafi'i rahimahullah said that although the water became
hot because of the heat of an unclean object, it still could be used for tharahah.

But if the water is very high temperature so it is difficult to perfect the ablution
by really leveling the members of ablution and water completely (isbagh), the law
becomes makruh, not because of the heat but because it cannot be Isbagh

1. Wudlu

According to lughat, ablution is the act of using water on certain body

members, while in syara ', wudlu is a certain act that starts with intention.

The hadith of Rasul SAW

‫ال يقبل هللا صَلة احدكم إذا احدت حتِّي يتوضِّأ‬

Meaning: "Allah does not accept one's prayer if He is attending, until He

performs ablution" (HR Baihaqi, Abu Daud, and Tirmidhi)

The legal requirements for ablution are:

24
1. Islam

2.Tamyiz

3. Absolute water

4. No one who hinders, both hissy and syar'i

5. Enter prayer times

Fardlu of wudhu is:

1. Intention

2. Wash your face

3. Wash both hands to elbows

4. Rub some of the head

5. Wash both feet

6. Order

Sunnah of wudhu is:

1. Read the basmalah at the beginning of working on ablution

2. Wash both palms to the wrist 3 times before gargling even though it is
believed that the hand is clean

3. Gargle mouth

4.Istinsyaq

5. Broaden the entire head

6. Wipe both ears

7. Sucking a beard with a finger

25
The things that cancel the wudlu are:

1. Out of something from qubul or rectum

2. Sleep

3. Lost your mind, because you are crazy, drunk or other causes

4. Touch male and female skin

5. Touching the human genitals with the palms without the base

2. Bathing

According to lughat, bathing means flowing. Whereas in the term syara 'is the
flow of water throughout the body accompanied by intention.

a. Bathrobe

1. Intention

2. Watering throughout the body, covering the hair and skin surface

The things that require bathing are:

a. Body

b. Get out semen

c. Mati, except martyrdom

d. Menstruation

e. Nifas

f. Wiladah

3. Tayamum

According to lughat, tayamum means intentional, whereas in syara terms' is to

deliver courage to the face and both hands with several terms and conditions.

26
The legal basis for Tayamum is:

And if you are sick or are in musyafir or returning from the place to dispose of
water or you have touched a woman, then you do not get water, then celebrate
you with good soil (holy). (an-Nisa '/ 4: 43).

a. Tayamum conditions

Tayamum is justified if the following conditions are met:

1. There is udzur, so you cannot use water. Udzur uses water because it is caused
by travelers, sick or hajat. There are several criteria for travelers who are
permitted to dance, namely:

a. He was sure that there was absolutely no water around the place so he could
immediately play without having to search for water first.

b. He wasn't sure, but he guessed there might be water but maybe not. In such
circumstances he must first look for water in places he thinks there may be
water.

c. He was sure there was water around the place. But weighing the situation at
that time was far away and it was feared that prayer times would run out
and the number of travelers jostling for water, then he would be allowed to
dance.

2. Enter prayer times. Tayamum for timeless prayers, both fard and sunnah, is
only justified after entering the time. The reason, tayamum is an emergency
blood, and there is no emergency before the time of prayer.

3. Looking for water after entering time

4. Cannot use water because of udzur syar'i

5. Pure and holy land

b. Pillar Tayamum

27
 Tayamum consists of 4 pillars, namely:

1. Worship (allow) prayer or other worship that requires thaharah, such as

thawaf, prostration, recitation, etc.

2. Wipe your face

3. Wipe both hands to the elbows

4. Order

As for things that cancel tayamum, namely:

a. All things that cancel the ablution

b. Look at the water before starting to pray

c. Apostasy

B. NAJASAH

According to lughat, unclean means that everything that is seen as dirty, while
in syara terms' is every dirt that prevents the validity of prayer, in the absence of
rukhsah.

How to get rid of unclean:

Unclean animal skins since his lifetime, such as dogs and pigs, cannot be
purified at all, however, animal skins that become unclean because of their death
can be purified by being divided.

Dibag is any material that can make the skin good, and not rot. The skin that
has been cleaned after being tanned or dibag may be used. Because the skin has
been sacred, it is legal to sell it. However, it should not be eaten if it comes from
an animal that is not halal.

28
There are 3 types of unclean cleansing, namely:

1. How to clean the objects that are filthy because the dog's lick is to wash it with
water 7 times, one of which is mixed with the soil. This provision also applies
to anyone who is exposed to unclean dogs, though not through licking.

Hadith of the Messenger of Allah:

‫مرا ت‬ َ ُ‫لب في اِنا َ ِء ا َ َح ِد ُكم فَلي ُِر ْق ِه ث ِّم ِل َي ْغس ِْله‬

ِّ ‫س ْب َع‬ ُ ‫اِذا َول َغ ال َك‬

If the dog licks your vessel, then let it spill (fill) then wash it 7 times.
(HR.Muslim)

2. Especially for cleaning the affected urine, boys who haven't eaten enough are
sprinkled with water

Hadith of the Messenger of Allah:

‫ش ِم ْن بَو ِل الغَُلَ ِم‬ َ ‫يُ ْغ‬

ِ ‫س ُل ِمن بَ ْو ِل ال َج‬
ُّ ‫ار َي ِۃ َو َي ُر‬

Urinating girls washed and pee boys sprinkled. (HR. Tirmidzi)

3. How to clean the other unclean, distinguished based on the condition, unclean
ini ainiy (which is the essence and its properties) or hukmiy (the essence and
the properties are no longer there such as dried urine).

a. Unclean must be washed with water, so that the taste, smell and color are
lost.Basuhan is mandatory only once, as long as it can eliminate all three
traits. However, unclean colors or odors that are difficult to stretch can be
ignored and basuhan is considered clean, even if one of the colors or odor is
still left. However, if both (color and smell) are still not washed clean, it
shows that the unclean essence has not disappeared.

In this case, although basuhan is mandatory only once, but it is better to

wash it 3 times, based on the advice of the Prophet. so that people who

29
 just wake up from sleep wash their hands 3 times before putting it in the
water.

b. Unclean hukmiya can be cleaned with a single drain of water on it.

An-Najasah

1. Definition

َّ ‫س ال‬
In language, an-najasah means dirt (‫)القذارة‬. Called (‫ش ْيء‬ َ ‫ )تَنَ َّج‬the meaning of
something becomes dirty.

Asy-Syafi’iyah defines an-najasah with meaning: ( ‫مستقذرة يمنع الصَلة حيث ال‬
‫)مرخص‬, dirt that blocks prayer.

Whereas Al-Malikiyah defines an-najasah as: (something) that is legal in

nature that obliges the obstruction of prayer with that attribute or in that character.
(Al-Malajidah) is: ( )‫صفة حكمية توجب لموصفها‬

An-Najasah in Indonesian is often interpreted as unclean. Even though Arabic

is not identical in meaning. Unclean itself in Arabic there are two references.

· First: Najas (‫ )نَ َجس‬the meaning is an object whose law is unclean.

· Second: Unclean (‫ )ن َِجس‬its meaning is its unclean nature.

An-Najasah (unclean) is the opposite of thaharah which means purity.

2. Distribution of Najasah

Unclean types by the Shafi’I school are distinguished on the basis of the degree
of difficulty in purifying or eliminating them.

There are things that are very easy to eliminate, even though physically they
have not been lost but are legally considered sacred, enough to do certain rituals.
And conversely, there is something very heavy, even if it is physically unclean, it
is lost, but it is still considered unclean if certain rituals have not been performed.
And the third, unclean in the middle.

30
2.1. Unclean Light

Mild unclean is also often termed mukhaffafah (‫)مخففة‬. Called mild, because
the way to purify it is very light, that is, it does not need to be unclean until it is
gone. It is enough to do a simple ritual, namely by sprinkling it with water, and
suddenly the unclean object turns holy.

The only thing that is unclean is urine of a baby boy who has not eaten
anything except breast milk. If the baby is a woman, then her urine is not lightly
unclean, but is still considered unclean as usual. Likewise, if the baby boy has
consumed food other than mother’s milk, such as canned milk made in the
factory, then his urine can no longer be said to be lightly unclean.

All of this has no scientific reason, because it is merely a ritual provision

from Allah SWT. Allah SWT as God, wants to be worshiped that way.

The basis is the following hadith:

‫ يغسل من بول الجارية ويرش من بول الغَلم – أخرجه أبو‬r ‫ قال النبي‬:‫ قال‬t ‫عن أبي السمح‬
‫ وصححه الحاكم‬,‫ والنسائي‬,‫داود‬

From As-Sam’I radhiyallahu anhu said that the Prophet SAW said, “The urine of
a baby girl must be washed while the urine of a male baby is just sprinkled with
water.

2.2. Unclean Weight

Heavy unclean is often termed as unclean mughalladzhah (‫)مغلظة‬. It is called

unclean because it cannot be pure by washing and removing it physically, but
certain ritual practices must be done. The ritual is to wash with water seven times
and one of them with soil. Washing 7 times is solely a ritual ceremony. Likewise,
the use of land is not at all related to its benefits. Land use is not intended for
example to kill certain bacteria, viruses or poisons that are unclean. But solely
only rituals where Allah SWT wants to be worshiped in that way.

31
 So the use of land cannot be replaced with soap, detergent, bleach, fragrance or
other powders designed to contain this and that substance.

The basis of all this is the hadith of the Prophet Muhammad:

‫ عن أبي هريرة‬t ‫ قال رسول هللا‬:‫ قال‬r ‫طهور إناء أحدكم إذ ولغ فيه الكلب أن يغسله سبع‬
‫مرات أوالهن بالتراب – أخرجه مسلم‬

The purity of your container of water that your dog drinks is by washing it seven
times, one of them with water. (Narrated by Muslim)

In the Shafi’I school, only two were unclean, namely dogs and pigs.

2.3. Unclean Middle

Unclean in the middle is often called mutawassithah (‫)متوسطة‬. Called mid

because of its position in the middle between unclean light and heavy unclean.

To purify this unclean enough to be physically removed ‘unclean, until the 3

indicators no longer exist. The three indicators are: color (‫)لون‬, taste (‫ )طعم‬and
aroma (‫)ريح‬.

All unclean things which are not included in unclean things that are heavy or
light, means that they are automatically included in the unclean midway.

3. Impurity of the Human Body

The human body is basically a sacred object, as the word of Allah SWT:

َ ‫ت َوفَض َّْلنَا ُه ْم‬

‫علَى‬ َّ
ِ ‫الط ِيِّ َبا‬ َ‫َولَقَ ْد َك َّر ْمنَا بَ ِني آدَ َم َو َح َم ْلنَا ُه ْم ِفي ْال َب ِ ِّر َو ْال َبحْ ِر َو َرزَ ْقنَا ُهم ِ ِّمن‬
ً‫ضيَل‬ ِ ‫ير ِ ِّم َّم ْن َخ َل ْقنَا ت َ ْف‬
ٍ ‫َك ِث‬

And verily We have glorified the sons of Adam, We have carried them on the
land and in the sea, We have given them sustenance from the good and We
have exalted them with perfect advantages over the many creatures We have
created. (Surat al-Isra ‘: 70)

32
 Even including the body of an unbeliever, because the verse which states that
the infidel (musyrik) is unclean is actually not related to unclean intrinsically or
‘ain, but by hukmi.

ٌ ‫ِإنَّ َما ال ُم ْش ِر ِكيْنَ نَ َج‬

‫س‬

Surely the polytheists are unclean (Surat at-Tawba: 28)

By thaharah law, unbelievers are not sacred from small and large hadats,
because they are not ablution or janabah bathing. Some others say that what is
meant by unclean is his faith.

The basis that the body of the infidel was not unclean was when the Prophet
received an envoy from Tsaqif whose note was an infidel, inside the mosque.

ُّ ‫ أ َ ْنزَ َل النَّ ِب‬:‫اص ض‬

‫ي ص َو ْفدَ ثَقِيفٍ في ِ ال َمس ِْج ِد – رواه أبو داود‬ ِ ‫عثْ َمانَ اب ِْن أَبي ِ ال َع‬
ُ ‫ع ْن‬
َ

From Uthman ibn Abil Ash that the Messenger of Allāh menerima received an
envoy from Tsaqif in the mosque (HR. Abu Daud)

With the views of these jurists, what is done by some of the heretics in
Indonesia who consider Muslim brothers as infidels has violated two things at
once:

First, forgiving fellow Muslims.

In the view of common heretics, all people who do not re-worship before
their priests are considered as not yet Muslims. Of course this view is wrong,
because basically every person is born in a Muslim state, and will still be a
Muslim without having to pray anymore. The creed is only needed when
people who disbelieve want to convert to Islam. While people born to Muslim
fathers and mothers, then grow up and grow up as Muslims, of course the law
is Muslim.

Second, consider the infidels unclean

33
 This is their second mistake. Though the Prophet SAW received a messenger
from Tsagif who in fact was an infidel in the mosque.

3.1. Blood

‫إنما حرمعليكم الميتة والدم ولحم الخنزير وما أهل لغيرهللا به فمن اضطر غير باغ وال‬
‫عاد فإن هللا غفوررحيم‬

Surely Allah only forbids you carcass, blood, pork and what is
slaughtered by mentioning names other than Allah; but whoever is forced to
eat by not persecuting and does not transgress, verily Allah is Forgiving,
Most Merciful. (Surat an-Nahl: 115)

The human blood is unclean, that is, the blood that flows out in large
quantities from the body. Then the heart, heart and spleen are not unclean,
because they are not in the form of flowing blood.

While animals of water (sea) that emit blood from their bodies are not
unclean because the fish are not legally clean even though they are dead.

While the blood flowing from the body of the Muslim martyr is not
unclean.

3.2. Human urine, vomiting and feces

The uncleanness of these three objects was agreed upon by the scholars.
Except when vomiting in very small amounts. And also the urine of a male
baby who hasn’t eaten anything except his mother's milk. The argument is the
following hadith

‫ فبال على ثوبهفدعا‬s ‫عن أم قيس أنهاأتت بابن لها صغير لم يأكل الطعام إلى رسول هللا‬
‫ رواه الجماعة‬- ‫بماء فنضحه عليه ولم يغسله‬

From Ummah Qais, he came to the Messenger of Allāh membawa by bringing

his son who could not eat. The baby then urinated then the Prophet

34
Muhammad asked for water to be taken and he sprinkled it without washing it.
(Narrated by Bukhari 223 and Muslim 287)

‫ بول الغَلم الرضيع ينضح وبول الجارية‬:‫ قال‬s ‫عن علي بن أبي طالب أن رسوالهلل‬
:‫ رواه أحمد والترمذي وقال‬- ‫ وهذا مالم يطعما فإذا طعما غسَل جميعا‬:‫يغسل قالقتادة‬
‫حديثحسن‬

From Ali ibn Abi Talib ra that the Messenger of Allāh Rasul said, `Urinating
a baby boy is enough to sprinkle it. While the baby's urine should be washed ".
Qatadah said," And this if you have not eaten anything, but if you have eaten
food, it must be washed "(Narrated by Tirmizi) 50

3.4. Pus

Pus is unclean and if a person is exposed to pus, the pus must be washed
before being allowed to perform worship which requires purity (ablution or
bathing).

3.5. Mazi and Wadi

Mazi is a clear liquid that comes out from a speckling or biological,

coming out of an ordinary male genitalia. Mazi is clear and usually comes out
just before the semen comes out. And the exit is not heavy or not radiating.

Mazi is different from mani, which is that the discharge of semen is

accompanied by lazzah or pleasure (ejaculation), whereas mazi does not.

Wadi is a thick, white liquid that comes out due to the effects of urine..

3.6. Body of a Human Body

The corpse is a Muslim human body or an infidel who has lost his life. In
view of jumhur ulama besides Al-Hanafiyah that the body of a Muslim or an
infidel is sacred.

35
 Whereas in the view of Al-Hanafiyah, Ibn Sya'ban, Ibn Abil Hakam and
Iyadh, the remains of Muslim human beings are unclean, because it is
enshrined in bathing bodies to purify them. Whereas the remains of
unbelievers remain unclean and cannot be purified by bathing them.

3.7. Human Body Pieces

Jumhur ulama generally say that the part of the human body is detached
from his body, the law is not unclean. Like people who experience
amputation, their body pieces are not unclean. Neither the body pieces were
separated when they were alive or even when they died.

That is because in the view of the ulama's scholars that the body pieces are
still obeyed, so that they are not considered unclean objects.

But we find different opinions in the view of Al-Qadhi from Al-Hanabilah

who say that the pieces of the human body need not be addressed. Because the
piece of the body is considered unclean in his view. 52

4. Animals That are Still Alive

In this section we will discuss first about the impurity of living animals.

4.1. Pig (Khinzir)

Al-Hanafiyah, Ash-Syafi'iyah and Al-Hanabilah agreed to say that the

living pig was unclean in the whole body. Including the part that is separated
from it such as fur, sweat, saliva and dirt.

The basis is the word of Allah SWT:

‫قل ال أجدفي ما أوحي إلي محرما على طاعم يطعمه إال أنيكون ميتة أو دما مسفوحا أو‬
‫لحم خنزير فإنهرجس أو فسقا أهل لغير هللا به‬

Say: "I have not obtained in the revelation revealed to me, something which is
forbidden to those who want to eat it, except if the food is a carcass, or

36
flowing blood or pork, for in fact all are filthy or animals slaughtered in
names other than Allah QS. Al-An'am: 145)

If live pigs are considered unclean let alone dead pigs become carcasses.
Even though a pig is slaughtered in a shar'i way, the meat is still unclean
because the meat is unclean.

Although the text in Al-Quran Al-Kariem always mentions the prohibition

of pork, but its impurity is not limited to its flesh, but also includes blood,
bones, fat, feces and all parts of its body.

‫إنما حرمعليكم الميتة والدم ولحم الخنزير وما أهل بهلغير هللا فمن اضطر غير باغ وال‬
‫عاد فَل إثم عليهإن هللا غفور رحيم‬

Verily Allah only forbids you carcasses, blood, pork, and animals called other
than Allah. But whoever is forced and does not want it and does not exceed
the limit, there is no sin for him. Allah is Forgiving, Most Merciful. (Surat al-
Baqarah: 173)

But the view of the Al-Malikiyah sect is somewhat different. They consider
that the pig's body is not unclean, because they adhere to the principle that the
law of origin of all animals is sacred. Likewise with the saliva, in their view it
is not unclean.

a. Pigskin

The scholars said that the pig died, the law of the skin remained unclean,
even though it had experienced tanning (‫)الدباغ‬. While other animals that die
become carcasses, when their skin is tanned, the law becomes holy again.

And the Al-Malikiyah school that does not consider the living pig to be
unclean, when it comes to the skin of dead pigs, they say the law remains
unclean.

37
 The only opinion that said that the skin of the pig was not unclean if it had
been tanned was a history of Abu Yusuf.

b. Changed His Form 'Ain Babi

'Ain an object means the physical form, the essence and the essence of that
thing. 'Ain an object can change form with a certain process. For example, the
petroleum that we use for fuel, according to experts, comes from animals or
plants that lived millions of years ago. Here there is a change in 'ain from
animals to' ain oil.

The process of changing 'ain an object to' another is called: istihalah.

Al-Hanafiyah and Al-Malikiyah say that objects that are unclean if they
have undergone changes' ain with istihalah, then in essence the object has
changed form, so that the law is no longer like all, but turned into holy.

So if we follow the logic of the views of the two schools, if the pig has
turned into another object, for example being land, salt, fossils, stones or other
objects that are no longer recognized as pigs, then the law is not unclean.

With this logic, insulin and medical objects which allegedly originated from
pig extract, have reasoned to experience a change through the process of
istihalah. So the law is no longer unclean.

But in the view of the Ash-Syafi school ' even though the unclean object has
changed 'ain and rest into' the other, still the unclean law is carried away. With
the exception of two cases, namely tanning the carcass skin and changing the
khamar into vinegar. The rest, all changes have no effect on legal changes,
including pigs extracted into insulin and so on.

c. Treasure Value and Ownership of Pigs

Because pigs are categorized as unclean objects, then the law has an effect
on the law of ownership and sale value.

38
 The scholars said that the pig was illegitimate because of its impurity. And
that means it's also not legal to sell. The argument is the following hadith:

‫ إن‬:‫ أنه سمع رسول يقول عام الفتح وهو بمكة‬-‫رضي هللا عنهما‬- ‫عن جابر بن عبد هللا‬
َ‫َللاِ أ َ َرأَيْت‬
َّ َ ‫سو َل‬ُ ‫ يَا َر‬:‫ فَ ِقي َل‬.‫هللا ورسوله حرم بيع الخمر والميتة والخنزير واألصنام‬
‫اس؟ فَقَا َل ال ُه َو‬ ْ َ ‫سفُ ُن َوت ُ ْده َُن ِب َها ا َ ْل ُجلُودُ َويَ ْست‬
ُ َّ‫صبِ ُح ِب َها اَلن‬ ْ ُ ‫وم ا َ ْل َم ْيت َ ِة فَإِنَّهُ ت‬
ُّ ‫طلَى ِب َها اَل‬ ُ
َ ‫ش ُح‬
‫ َح َرا ٌم‬. ‫ثم قال رسول هللا عند ذلك قاتل هللا اليهود إن هللا لما حرم عليهم شحومها جملوه ثم‬
‫ متفق عليه‬- ‫باعوه فأكلوا ثمنه‬

From Jabir bin Abdillah radhiyallahu anhu that he heard the Messenger of
Allah SAW said on the Fathu day of Mecca, "Verily Allah and His Messenger
forbid the sale and purchase of khamar, carrion, pigs and idols". Someone
asked, "O Messenger of Allah, how is the law with oil (gajih) carcasses? The
oil is useful for painting (sealing) the hull of the ship, also for drying the skin
and used by people to fuel the lights". The Prophet Muhammad replied, "No, it
remains unlawful". Then he SAW continued, "May Allah fight the Jews when
they are forbidden from them, instead they sell and eat the benefits of buying
and selling. (Narrated by Bukhari and Muslim)

The scholars agree, with the prohibition of ownership and sale of a

Muslim over a pig, then if there is a Muslim who steals someone else's
Muslim pig, or eliminates it, there is no need to replace it and also cut off
hands while still sinning. 57

But if the pig belongs to other than Muslims, then the law must replace or
return it, as the opinion of Al-Hanafiyah and Al-Malikiyah.

4.2. Dog

The scholars say that the entire dog's body is a heavy unclean animal
(mughallazhah). But there is also the opinion of some other scholars who say
that the dog's unclean is only his saliva and mouth.

a. Al-Hanafiyah School

39
 In this school the only thing that is unclean from a dog is its saliva, its
mouth and its feces. While the body and other parts are not considered
unclean. Its position as other animals, in fact, dogs are useful for humans. For
example as guard animals or animals for hunting. Why is that ?

For in the hadith about the uncleanness of a dog, it is designated as

unclean only if the dog drinks in a container of water. Then only the mouth
and saliva (including feces) are considered unclean.

ُ ‫ع ْن أَبي ِ ُه َري َْرة َ ض أ َ َّن َر‬

َّ ‫سو َل‬
ِ‫َللا‬ َ ُ‫َاء أ َ َح ِد ُك ْم فَ ْل َي ْغس ِْله‬
َ ‫ متفق‬- ‫س ْبعًا‬ ُ ‫ب ال َك ْل‬
ِ ‫ب في ِ ِإن‬ َ ‫قَا َل ِإذَاش َِر‬
‫عليه‬

From Abi Hurairah ra that Rasulullah SAW said, "If the dog drinks from
your water container, it must be washed seven times. (Narrated by Bukhari
and Muslim).

ِ ‫ت أُوالَ ُه َّن بِالت ُّ َرا‬

‫ب‬ َ ُ‫َاء أ َ َح ِد ُكم إِذَا َولَ َغ فِ ْي ِه ال َك ْلبُأ َ ْن يَ ْغ ِسلَه‬
ٍ ‫س ْب َع َم َّرا‬ ِ ‫ور إِن‬ َ
ُ ‫ط ُه‬

Rasulullah SAW said, "The purity of your drinking container that the dog has
drunk is to wash it seven times and one of them with the ground. (Narrated by
Muslim and Ahmad)

b. Al-Malikiyah School

This school also says that the dog's body is not unclean except only saliva.
If the dog's saliva falls into the water container, it must be washed seven times
as a ritual cleansing form.

c. Mazhab of Syafi'iyah and Al-Hanabilah

The two schools agree that not only is the saliva unclean, but the whole
body of the dog is unclean, including its sweat. Even other animals that mate
with dogs also follow the same law. And to purify it must wash it seven times
and one of them with the ground.

40
 The logic used by this school is that it is impossible for us to just say that
the unclean thing of a dog is only its mouth and saliva. Because the source of
saliva is from his body. So that body is also an unclean source. Including the
water that comes out of the body as well, both urine, dirt and sweat.

Opinions about the odor of the entire body of the dog are also corroborated by
other hadiths, among others:

That Rasulullah SAW was invited to enter the house of one of the people
and he came to the invitation. At other times, other people invited him and he
did not come to him. When asked to him why he did not go to the second
invitation, he said, "In the second house there is a dog while in the first house
there are only cats. And the cat is not unclean." (Narrated by Al-Hakim and
Ad-Daruquthuny).

From this hadith it is understood that the cat was not unclean, while the dog
was unclean.

4.3. Wild animals

Wild animals or in Arabic are called siba (‫)السباع‬. We find some authentic
hadiths about these wild animals, including:

‫ َو ُك ُّل ذِي‬:َ‫ َوزَ اد‬.‫سبَاعِ فَأ َ َكلَهُ َح َرا ٌم‬ ٍ ‫ ُك ِِّل ذِي نَا‬:‫ي قَا َل‬
ِّ ِ ‫ب ِم ْن اَل‬ َ t َ ‫ع ْن أ َ ِبي ُه َري َْرة‬
ِِّ ‫ع ْن اَلنَّ ِب‬ َ
‫ َر َواهُ ُم ْس ِل ٌم‬-‫لطي ِْر‬ َّ َ ‫ب ِم ْن ا‬ ٍ َ‫ِم ْخل‬

From Abi Hurairah radhiyallahu anhu from the Prophet SAW that he said,
"All animals that have fangs from wild animals, it is unlawful to eat". And
added: "All who have claws from poultry" (Narrated by Muslim)

Keharaman eat animals that have fangs and claws means animals that eat
their food by killing their prey with fangs or claws. It's not just animals that
have canine teeth or nails. Cows and goats also have canine teeth and nails, as
chickens and pigeons also have nails, which are not called claws from claws.

41
 But even so, if we look at the records of the ulema of the schools, it turns
out that there are still different views here and there, which indicates that they
have not been unanimous in agreeing to their impurity.

Al-Hanafiyah said that all wild beasts were unclean, such as lions, kinds,
wolves, tigers, monkeys, including wild birds that ate carcasses such as eagles
(‫)صقر‬, Falcon (‫ )شاهن‬and others. 61

Al-Malikiyah said that even though it was forbidden to eat, it did not mean
unclean. Because basically all living animals are basically not unclean.

As-Syafi'iyah also agreed that although it was unlawful to eat it, they said
that all living animals were not unclean, except dogs and pigs. Including
unclean animals that are born from a dog's marriage, or from a pig's marriage
or from a second marriage.

5. Dead animals (carcasses)

Al-Jashshash in the Ahkamul Quran states that what is meant by a carcass

(‫ )ميتة‬is: ‫الحيوان الميت غير المذك‬inya, animals that die are not slaughtered by
slaughtering.

Animals that become legal carcasses are unclean, as the word of Allah
SWT in Al-Quran Al-Kariem concerning the law of carcasses

‫إنما حرمعليكم الميتة والدم ولحم الخنزير وما أهل بهلغير هللا فمن اضطر غير باغ وال‬
‫عاد فَل إثم عليهإن هللا غفور رحيم‬

Verily Allah only forbids you carcasses, blood, pork, and animals called other
than Allah. But whoever is forced and does not want it and does not exceed
the limit, there is no sin for him. Allah is Forgiving, Most Merciful. (Surat al-
Baqarah: 173)

42
 ‫قل ال أجدفي ما أوحي إلي محرما على طاعم يطعمه إال أنيكون ميتة أو دما مسفوحا‬
‫أو لحم خنزير فإنهرجس أو فسقا أهل لغير هللا به فمن اضطر غيرباغ وال عاد فإن‬
‫ربك غفور رحيم‬

Say: "I have not obtained in the revelation revealed to me, something which is
forbidden to those who want to eat it, except if the food is a carcass, or blood
that flows or pork because it is all unclean." (Surat al-An 'am: 145)

The four schools, namely Al-Hanafiyah, Al-Malikiyah, Ash-Syafi'iyah and

Al-Hanabilah have arrived at the level of ijma 'that the carcass is not
permissible, it is also an object of the status of najasatul' ain (‫)نجاسة العين‬. That
is, from the side of the essence, the carcass is indeed an unclean thing.

There are two kinds of carcass deaths. First, the carcass died because of
human action. In this case, the method of slaughter is not in accordance with
Islamic sharia. Second, death is not due to human actions, such as being
killed, dying because of old age, or being eaten by other animals. used for
animals like this are barma'i (‫)برمئي‬, which is a combination of two words, barr
(‫)بر‬
ِّ land and maa '(‫ )ماء‬water.

Al-Hanafiyah said that animals originating in the sea or water, if he can

live temporarily to land in a long time and die on land, the law remains pure
and not unclean.

Even though for example the animal died in liquid, such as milk or
vinegar, then in Abu Hanifa's students, Muhammad, the vinegar and milk were
still not unclean, because the animal was not unclean. Unless the animal has
blood flowing out and damaging the liquid, then it is considered unclean.

Al-Malikiyah said that the law of marine animals that can live long on land
is the same as marine animals. In this case they exemplified sea frogs and sea
turtles. Both are arguably marine animals that can last long on land. Both are
still said to be marine animals, and their ability to survive long on land does
not exclude them as marine animals.

43
 So that the laws that apply to animals are exactly the same as the 100% law
of marine animals.

Asy-Syafi'iyah said that animals that live in water and on land such as
ducks and legal geese are eaten, but their carcasses are still not halal.

While frogs and crabs in the famous view of this school include those
which are unclean. Likewise if the animal has it (poison). Included in the
forbidden are crocodiles and turtles

Al-Hanabilah said that marine animals that can survive long on land, such
as frogs and crocodiles, if they die, they are included as carcasses which are
unclean.

And because the body of the carcass is unclean, then if it dies in a little
water, a little water is automatically contaminated with its impurity. And if
there is a lot of water and is not polluted with the carcass, then the water is not
considered to be exposed to unclean food.70

6. Objects Whose Impurity is Not Agreed Upon By The Ulama

Although scholars say that the khamar is unclean, there are some who say
that the khamar is not unclean.

Whereas the unclean term contained in Al-Quran Al-Kariem verse about

khamar, does not mean essential unclean, but meaningfully unclean.

‫ان‬
ِ ‫ط‬َ ‫ش ْي‬
َّ ‫ع َم ِل ال‬ ٌ ْ‫اب َواأل َ ْزالَ ُم ِرج‬
َ ‫س ِ ِّم ْن‬ ُ ‫ص‬َ ‫َيا أَيُّ َها الَّذِينَآ َمنُواْ ِإنَّ َما ْالخ َْم ُر َو ْال َم ْيس ُِر َواألَن‬
َ‫فَاجْ تَنِبُوهُ لَ َعلَّ ُك ْم ت ُ ْف ِل ُحون‬

O ye who believe, actually khamar, gambling, idols, raffling fate with arrows,
are included in the act of shaitan. So stay away from those deeds so that you
get good luck. (QS. Al-Maidah: 90)

And there are still many objects whose accuracy is not agreed upon by the
scholars. For example, carcasses of water animals or not have blood, pieces of

44
 animal bodies that have no blood, carcass skin, baby urine, animal urine and
milk are halal meat, semen (sperm), human corpses, saliva of people sleeping,
and so on.

7. Unclean Forgiveness

Unclean forgiveness is an object that is essentially unclean or unclean, but

because the levels are very little or small, so it is forgiven.

The scholars say that being included in the unclean is forgiven is unclean
that is solid (not liquid) which is only very few, which is only as wide as
dirham money (3.17 grams) or equivalent to 20 qirath.

As for the unclean liquid, the width of the palm of the hand. But in their
view, even though unclean is forgiven, it is still unlawful to pray if the body,
clothes or place is exposed to unclean forgiveness

a. Al-Hanafiyah School

They also said that what was included as unclean excused were a few
drops of urine from cats or mice that fell into food or clothing because of an
emergency. Also due to unclean sparks that are not visible to the naked eye.

b. The School of Malik

They say that what is included as unclean is forgiven is very little blood of
humans or land animals, also a little pus and vomiting. About as wide as the
black dot on dirham money. Unclean good comes from himself or from other
people, including from animals. Even including blood from pigs.

Also very little urine comes out without being able to be guarded because
of diseases, including the mazi, semen and out of the anus. Also the urine of
children and their excrement is for mothers who are breastfeeding them,
because it is almost impossible not to be exposed to anything at all from
impurity which may only be sparks or remnants that are not visible.

45
c. Syafi'i and Hanbali schools

These two schools in this unclean problem that are forgiven seem louder,
because what is forgiven for them is only that which does not appear in the
eyes. Or the blood of mosquitoes, fleas, bastards or other insects that have no
liquid blood. Also the rest of the scars (hijamah), flies, and others.

46