CHAPTER TWENTY-TWO

ISQAAT (REDUCING THE RESPONSIBILITIES ON THE DECEASED)

THE PROOF & METHOD OF ISQAAT

The literal meaning of Isqaat is to drop something, and the technical meaning is to reduce the commands of Shariah that remain the deceased's responsibility.

The book Wajeezus-Siraat states, "There are many laws of Shariah that, intentionally, unintentionally as well as erroneously remain as the responsibility of a Muslim (he wasn't able to complete these responsibilities in his lifetime and now, after death, he is to be confronted with their punishment). After death, he now has no power to fulfill them nor does he have the means to save himself from their responsibility. The Shariah has formulated a method to help the deceased in this state of destitution. If the guardian (wali) of the deceased fulfils it on behalf of the deceased, the deceased will be saved from these responsibilities!' This method is called Isqaat, an actual form of assistance to the deceased. This is rejected by the Wahabi/Deobandi fraternity. Just as how they are enemies of Muslims who are alive, so too are they the enemies of Muslims who have passed away, because they stop them from attaining benefit in their lifetimes and do the same after their death.

THE METHOD OF ISQAA T

The true age of the deceased should first be known, subtracting 9 years from it for a male and 12 for a female (corresponding to their time as minors (naa­baalighj).

Thereafter, the total time the deceased was a be-namazi (didn't perform Salaah at all) or be-roza (didn't observe fast at all) or the amount of namaaz he didn't perform, either in its correct time nor as Qadaa in the period of being a namaazi, should now be estimated from the remaining years. Whatever is llie amount of Fitra (e.g. RIO) is also the amount for the payment (fidya) of a single namaaz or roza.

After adding the amount for every namaaz or fast missed! His total amount must be given away in charity. So, if the amount of Fitra is RIO, then R 60 must be given in charity for each day missed, as there are 5 daily Salaah and one Witr (according to the Hanafi muzhab) which are necessary.

Therefore, after calculating the total amount of each Salaah missed for 10 years, an amount of approximately R 216, 000 will be reached should the Fitra be RIO.

Ohviously, if the amount of Fitra is higher, it will mean extra payment. It is possible for a pious Muslim who has enough wealth to give away this amount of money, but not, unfortunately, for the rest.

The following method has thus been prescribed for them to complete this: The guardian (wali) of the deceased should take out whatever he possibly can afford (the fidya of an entire month is approximately R 1800 should Fitra be R 10). He should then handover this R 1800 in the ownership of a worthy recipient of' Fiua who then returns it back to him as a gift, or gives it to another person who will return it to him as a gift. Then, the guardian gives the amount again to the recipient as charity and the recipient returns it to him as a gift once more. Doing this once fulfils the fidya of an entire month of narnaaz, and doing this twelve times completes a year (again, if the month's fidya is R 1, 800). Likewise, doing this several times to equal the total amount of missed Salaah (e.g. 10 years) fulfils the fidya. After completing the payment for namaaz, the fidya for fasting and Zakaat can also be given in a similar manner. It is hoped that Allah’sعزوجل showers His mercy of forgiveness for the deceased through this. This is the correct procedure of Isqaat (note that this calculation is according to the Solar Calendar).

There are three things that have to be clarified in proof of it:

1. That the Shar'i Heela (shift strategy), to be saved from Haraam, attain thawaab or complete a requirement of Shariah is permissible.

2. That payment (fidya) of Salaah can be given in money.

3. And proofoflsqaat itself.

Section I

PERMISSIBILITY OF HEELA-E-SHAR'I

Heela-e-Shar’i is permissible at the time of need and is proven from the Quran, Hadith and the rulings of the Jurists (Fuqahaa). Hadrat Ayub علیہ السلام once took an oath to hit his wife 100 times with a stick. Allahعزوجل instructed him to lake a broom, hit her with it and not break his vow. The Holy Quran speaks about this incident, "Take a broom in your hand, hit her with it and do not break your oath." 22.2 - Surah Su 'aad, Verse 44

Hadrat Yusuf علیہ السلام wanted to keep his brother, Benyamin, at his side and not hare the secret revealed. He used a Heela for this, which is mentioned in Surah Yusuf in detail.

Once, Sayyidah Saarah رضی اللہ تعالٰی عنہا took a vow, "If I gain hold over Haajarah, I shall cut one of her body parts." Revelation (wahi) was made to Hadrat Ibrahim علیہ السلام to reconcile both of them. When Sayyidah Saarah رضی اللہ تعالٰی عنہا asked how her vow will now become completed, she was instructed to pierce the car of Sayyidah Haajarah رضی اللہ تعالٰی عنہا.

A Hadith states that once, Hadrat Bilal رضی اللہ تعالٰی عنہ brought some quality dates to the Holy Prophetصلی اللہ علیہ وسلم. When Sayyiduna Rasoolullah asked him where he got them from, he replied, "I had some lower-grade dates. I sold two saa' (a unit of measurement) for one of better quality. The Messengerصلی اللہ علیہ وسلم! Replied, "This is usury (riba). Next time, sell the lower-grade dates in exchange for money and then buy better dates with that." - Mishkaat, Kitaabul-Buyoo, Baabur-Riba

The above is a proof of Heela being used to be save oneself from usury. The book Alamghiri has dedicated an entire chapter about Heela called 'Kitaabul ­Hiyal'.

Similarly, the book Al-Ashbaah wan-Nazaair has also reserved a chapter about Hecla named 'Kitaabul-Hiyal'.