Question:
Assalamualaikum SS Mufti. Insyaallah, next month we are going to welcome our first child. Me and my wife plan to perform aqiqah for our child on the seventh day of our child’s birth according to the sunnah. However, after considering the costs for it, we plan to take out a loan to pay for half of the ceremony. Our question is, is the aqiqah valid if the aqiqah is paid by taking out a loan. We would also like to ask for your advice and opinion on this matter. Thank you.
Answer:
Waalaikumussalam wrt. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
First, we would like to congratulate you and your wife for the future birth of your child. May your child be the coolness of your eyes and the heart of your family.
Aqiqah literally means the name of the hair of a newborn. The hair is named as such because it is shaved or cut. The term means animal slaughtered in conjunction with the shaved hair of the baby. (See al-Fiqh al-Manhaji, 3/55 and al-Minhaj al-Qawim, Ibn Hajar al-Haitami, pg. 482)
The related issues of aqiqah have been discussed in our previous articles:
- Al-Kafi #1013: Hukum Menyembelih Dua Ekor Kambing Aqiqah Secara Berasingan (Al-Kafi #1013: The Ruling of Performing Aqiqah Separately)
https://muftiwp.gov.my/en/artikel/al-kafi-li-al-fatawi/2965-al-kafi-1013-hukum-menyembelih-dua-ekor-kambing-aqiqah-secara-berasingan - Irsyad Al-Fatwa Ke-128: Adakah Cukup Aqiqah Seekor Kambing Bagi Bayi Lelaki? (Irsyad al-Fatwa Series 128: Is It Enough to Slaughter A Goat for the Aqiqah of A Baby Boy?)
https://muftiwp.gov.my/ms/artikel/irsyad-fatwa/irsyad-fatwa-umum/1237-irsyad-al-fatwa-ke-128-adakah-cukup-aqiqah-seekor-kambing-bagi-bayi-lelaki - Al-Kafi #633: Hukum Aqiqah Bagi Diri Sendiri (Al-Kafi #633: The Ruling of Aqiqah for Oneself)
http://www.muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/787-al-kafi-633-hukum-aqiqah-bagi-diri-sendiri
Aqiqah is sunnah muakkad (greatly encouraged). This is in accordance with a hadith narrated by Salman bin Amir al-Dhabbi RA, where he said, I heard the Prophet PBUH said:
مَعَ الْغُلاَمِ عَقِيقَتُهُ فَأَهْرِيقُوا عَنْهُ دَمًا وَأَمِيطُوا عَنْهُ الأَذَى
“Along with a boy there is an 'Aqiqah, so shed blood on his behalf, and remove injury from him.”
Sunan Abu Daud (2839) [Syeikh Syu’aib al-Arnaout stated that the sanad of the hadith is sahih]
Answering the question, the ruling of performing aqiqah by taking out a loan is valid according to syara’. However, the concept of loan in fulfilling a worship is something that would burden him in the future. Thus, the act is completely discouraged for the commandment of worship in Islam is not for the purpose of burdening humans. Allah SWT states:
مَا يُرِيدُ اللَّـهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَـٰكِن يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ
“Allah does not intend to make difficulty for you, but He intends to purify you and complete His favor upon you that you may be grateful.”
Surah al-Maidah (6)
Syeikh al-Maraghi said: “In the determination of shariah that has been set by Allah SWT for humans, Allah SWT never intended difficulty for humans for Allah SWT does not need humans at all. Furthermore, Allah SWT only sanction matters that are good and beneficial for humans.” (See Tafsir al-Maraghi, 3/1500)
Moreover, there is a warning for those who did not settle his debt before he dies, where his soul will be suspended which is mentioned in a hadith narrated by Abu Hurairah RA, where the Prophet PBUH said:
نَفْسُ الْمُؤْمِنِ مُعَلَّقَةٌ بِدَيْنِهِ حَتَّى يُقْضَى عَنْهُ
"A believer’s soul remains suspended according to his debt until it is settled or paid off on his behalf"
Sunan al-Tirmizi (1078) and Sunan Ibn Majah (2413) [Imam al-Tarmizi evaluated the sanad of this hadith is sahih in his Sahih]
Syeikh al-Mubarakfuri cited the words of Imam al-Sayuti in explaining the meaning of suspended soul is the soul is suspended from its proper place. (See Tuhfaz al-Ahwazi, 4/164)
Advice and Suggestions
Among our advice and suggestions are:
- The Muslim ummah is asked to race in doing good and worship. This is in accordance with the statement of Allah SWT:
فَاسْتَبِقُوا الْخَيْرَاتِ
“So, race to [all that is] good.”
Surah al-Baqarah (148)
Syeikh al-Maraghi said: “Racing in doing good and every one of you should have the intention to compete in obedience and not distracting others from the truth because he is racing towards evil and deviance.” (See Tafsir al-Maraghi, 1/288)
- Aqiqah is sanctioned for those who are capable. Capability is considered from every aspect of the family’s economy. Avoid taking a loan to perform the worship of aqiqah.
Conclusion
As a conclusion, we would like to state that aqiqah paid using borrowed money is valid if it fulfils the requisites of aqiqah. However, it is makruh (undesirable). The reason is taking out a loan in performing a worship is completely discouraged.
As a rational person, we should evaluate the risks involved and the consequence of getting into debt. It has been proven that getting into debt would negatively affect the life of a person, especially for Muslims.
May this explanation give us the right understanding in worship in accordance with the true concept of Islamic shariah. Amin.
Wallahua’lam.