THE CELL PHONE AND THE TOILET
THE CELL PHONE AND THE TOILET
Q. Is it permissible to go to the toilet with a cell phone in which the Qur'an Majeed or portions of it have been downloaded?
A senior Mufti from India has given the fatwa of permissibility if the phone is switched off. Since no texts of the Qur'aan Shareef are visible on the screen it is permissible. The Mufti Sahib basis his fatwa on a ruling found in the Fatawa Kutub that if the name of Allah Ta'ala or Nabi (sallallahu alayhi wasallam) is engraved on a ring, then it is Mustahab when entering the toilet to cover the ring with one's sleeve. Please comment.
A. We agree with the Mufti Sahib's view of permissibility, but not with the basis on which he has structured his view. In fact, the basis appears wrong and baseless to us. Firstly, the fatwa of permissibility to enter the toilet with a ring on which Allah's Name is engraved is itself the subject of attack. It is not permissible to enter a toilet with any material on which Allah's Name, Rasulullah'sName or Qur'aanic verses are inscribed, engraved or written. It is highly disrespectful to do so. This impermissibility relates to normal circumstances.
We are not considering here an abnormal occasion when circumstances constrain one to enter the toilet while having such holy material on one's body. For example, the official Ruling of the Shariah is the prohibition of haraam medicine and remedies. This prohibition is not cancelled by themas'alah of Tadaawibil haraam (medication with haraam) because such haraam medication applies to abnormal and compelling circumstances. The same reasoning applies to the consumption of pork and haraam food in general. We are presently discussing a normal situation.
It is not permissible to enter the toilet with material on which Allah's Name is written. The claim that it is permissible normally and that the only requirement is to cover it, even with one's sleeve, and that such covering is Mustahab is devoid of Shar'i basis. If by 'mustahab' the Mufti Sahib intended the Fiqhi classification, then we believe that he has erred. Technically Mustahab applies to such acts for which there is express mention of it in the Sunnah. For awarding the act of covering with the sleeve the Mustahab status, the Mufti Sahib needs to present a basis from the Sunnah.
On the other hand, if the term has been used in its literal sense to mean 'preferable' or 'good' or 'advisable', then too we do not agree. If a person is constrained to enter the toilet with a ring on which Allah's Name is engraved, then it will be Waajibto properly cover and conceal it. This is the best in a bad situation beyond one's control. It is unacceptable that a person sits semi naked in the toilet relieving himself of his load of najaasatwith Allah's glorious Name exposed, and that covering the Glorious Name is only preferable, not obligatory.
Furthermore, How will the ring be covered by the sleeve when the hand will be in operation in the Istinja process? The water-jug has to be handled. The suggestion to cover the ring with the sleeve is incongruous.
A better basis for the Mufti Sahib's fatwa of permissibility with which we agree, is a covered Ta'weez in which is written a Qur'aanic verse or Allah's Name. The Mashaaikh say that it will be permissible as long as it is properly covered. Although an objection could be raised here as well, nevertheless, it appears more logical. The Holy Name is also properly covered than in the sleeve act.
The most logical basis for the permissibility is the human being himself. A Haafiz has the entire Qur'aan in his head/heart. With the whole Qur'aan within him, he enters the toilet. The same applies to the Qur'aan Shareef inside a cell phone. Just as the Qur'aan is neither in the verbal nor written form in the human head, so too is it with the cell phone. And Allah knows best.