Fiqh: (Hanafi)

Masaa'il Pertaining to the Saum of Ramadhaan

1. The Saum of Ramadhaan is Fardh. The one who denies the fardhiyaat (being Fardh) of the Saum of Ramadhaan becomes a kaaflf while one who accepts its fardhiyaat but neglects its observance is described as a faasiq. 

2. The Saum of Ramadhaan commences, when the sighting of the Ramadhaan hilaal (crescent moon) has been confmned in accordance with the rules of Shariat. Niyyat for the Saum of Ramadhaan should be renewed each day. A single niyyat at the beginning of Ramadhaan will not suffice for the Saum of the entire month. Partaking of the Sahri meal will be an adequate niyyat for the validity of the Saum. While it is better to recite a verbal niyyat as well, the mere act of rising from sleep to participate in Sahri with the intention of fasting constitutes the actual niyyat. 

3. If on account of a reason accepted as valid by the Shariah, one does not fast during Ramadhaan, one should not eat in the presence of others. 

4. If a woman ' s haidh begins during the course of the fasting day, the fast is not valid It is not incumbent to abstain from eating during the remaining part of the day. However, she should not eat in the presence of others.

5. A woman whose haidh ends during the course of the day (i.e. during Ramadhaan) should compulsorily abstain from eating, etc. Her fast on the particular day her haidh ended is not valid. Hence, she has to make qadhaa in spite of having to refrain from eating etc., on that day.

6. A fast of Ramadhaan broken deliberately without valid reason, after having made the niyyat for fasting during the night, i.e. before Subah Saadiq brings about the penalty of Kaffaarah. Kaffaarah for flagrantly breaking a fast of Ramadhaan is to fast 60 consecutive days -sixty days,one after another, without missing any day in between.

7. When a pregnant woman has a genuine fear either for her own life or the life of the child she is bearing, it will be permissible for her to refrain from Saum. She will have to make qadhaa of the Saum she misses as a result. Should she break the Saum during the course of the day, i.e. after having started it, the penalty of Kaffaarah does not apply to her. She is liable for only qadhaa. She cannot compensate the missed fasts with Fidyah as long as she has the ability to fast. Qadhaa is necessary. Fear in this context will mean a genuine fear supported by either previous experience or by the advice of a pious Muslim physician. The word of a kaafir doctor or of a Muslim faasiq doctor is not valid grounds for her to break her fast or to abstain from fasting.

8. If a mother who breast- feeds her baby genuinely fears for her baby if she fasts -that the baby will suffer by her milk drying up during the fast, then it will be permissible for her to refrain from fasting. She has to make qadhaa of the missed fasts. She too cannot compensate the omitted fasts by means of Fidyah.

9. A very old person, who is truly unable to fast, is permitted to refrain from Saum. He has to offer compensation by means of Fidyah. Fidyah is the compensation, which has to be paid for the Saum, which has not been executed on account of permanent disability, etc. The Fidyah amount for each compulsory fast not kept is the same as Sadqah Fitr, viz., 2 kg bread flour or its cash equivalent or feeding a miskeen (poor person) two full meals for a day.

10. When a child reaches the age of seven years, he/she should be ordered to observe the fast. However, there is no qadhaa if the child breaks the fast. By the age of ten, the child should be compelled to keep the Ramadhaan fasts. This is the normal rule. Parents should use their discretion and introduce their children to Saum according to their health and strength.

[Kitaabus Saum, pages 9-22]*