Fatwa: # 17632
Category: Misc. Fiqh
Country: United Arab Emirates
Date: 3rd March 2009

Title

Why does some scholars count Bismillah of Surah Fatiha, and some doesn't? Which is the correct one?

Question

Why does some scholars count Bismillah of Surah Fatiha, and some doesn't? Which is the correct one?

Answer

In the name of Allah, Most Gracious, Most Merciful


Assalaamu `alaykum waRahmatullahi Wabarakatuh

 

The Fuqahaa had a deep and full understanding of all the sciences of the Islamic Law and their deductions were based strictly on that, not their own opinions. In many instances two Sahih Hadith with two different rulings have been narrated on one issue, some Fuqahaa have taken one and the others have taken the other, thus leading to differences of opinion.

As for Bismillah and Surah Fatiha, Imam Shafi (رحمة الله عليه) has taken the Hadith narrated by Abu Hurairah (رضي الله عنه) mentioning that Bismillah is a part of Surah Fatiha. On the other hand Imam Abu Hanifah  ((رحمة الله عليه has taken another Hadith from Muslim in which it does not mention Bismillah as part of Surah Fatiha. As followers of the Hanafi Madhab we will follow the opinion of Imam Abu Hanifah  (رحمة الله عليه) according to which Bismillah is not a part of Surah Fatiha.

 

فعند أصحابنا ليست [التسمية] من الفاتحة ولا من رأس كل سورة

(بدائع الصنائع، 1/475، ديوبند)

 

ثم يأتي بالتسمية ويخفيها وهي من القرآن آية للفصل بين السور

(الفتاوى الهندية، 1/81، علمية)

And Allah knows best

Wassalam u Alaikum

Ml. Sajid bin Shabbir,
Student Darul Iftaa

Checked and Approved by:

Mufti Ebrahim Desai
Darul Iftaa

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.
The Messenger of Allah said, "When Allah wishes good for someone, He bestows upon him the understanding of Deen."
[Al-Bukhari and Muslim]