Ramadan 4, 1447 (February 21, 2026)
Assalaamun Alaykum Warahmatullah Taallah Wabarakatuhu
The Position of Shari’ah on Adult Muslim who Refused to Fast during Ramadan
Dear Brothers and Sisters,
There is a photograph of nine (9) adults in handcuffs were allegedly arrested in Kano for eating in daylight during Ramadan fasting hours.
According to the social media report, the arrests were made by the Islamic police known as _Hisbah_ during routine patrol in restaurants, markets and public areas. The trending photograph – whether true or false – has since generated public comments hence this analysis.
In Islamic law (Sharī‘ah), fasting in the month of Ramadan is obligatory (farḍ) upon every adult, sane, and capable Muslim. It is one of the five pillars of Islam, as clearly stated in the Qur’an (2:183) and in the teachings of the Prophet Muhammad (peace be upon him).
The ruling depends on why the adult Muslim refused to fast:
If the Person Denies the Obligation of Fasting
If an adult Muslim denies that fasting Ramadan is obligatory, while knowing it is a fundamental teaching of Islam, classical scholars consider this a very serious matter because fasting is a pillar of Islam. Deliberately rejecting a pillar after clear knowledge may remove a person from Islam according to the majority of jurists.
However, scholars also stress:
The person must have proper knowledge.
Ignorance or confusion must be clarified first.
The matter is handled by qualified Islamic scholars and authorities, not individuals.
If the Person Believes it is Obligatory but Refuses Owing to Laziness or Negligence
If the person accepts that fasting is compulsory but deliberately refuses to fast without a valid excuse (such as illness or travel), then:
The person has committed a major sin (kabīrah).
He or she must make sincere repentance (tawbah).
The missed fasts must be made up (qaḍā’)
According to many scholars, sincere repentance includes regret, stopping the sin, and firm intention not to repeat it.
Most classical jurists did not consider such a person to have left Islam, but regarded the act as a grave act of disobedience.
Valid Excuses Recognized by Sharī‘ah
Sharī‘ah provides legitimate exemptions. These include:
– Serious illness
– Travel
– Pregnancy or breastfeeding (if fasting harms mother or child)
– Menstruation or postnatal bleeding
– Old age or chronic illness (with fidyah – feeding the poor)
In these cases, there is no sin, but missed fasts are either made up later or compensated appropriately.
Spiritual Consequences
The Prophet Muhammad (peace be upon him) warned that whoever breaks a fast in Ramadan without a valid excuse commits a serious offense. Scholars explain that this shows the gravity of neglecting such an important act of worship.
Fasting is not merely abstaining from food and drink; it is an act of obedience, self-discipline, and spiritual purification.
Thus, the position of Sharī‘ah can be summarized as follows:
Denying its obligation knowingly: Extremely serious and may amount to disbelief.
Refusing without excuse but believing it is obligatory: A major sin requiring repentance and making up the fasts.
Having a valid excuse: No sin; make-up or compensation applies.
Predominantly Muslim Society
In a majority-Muslim society such as Kano, where Sharī‘ah is applied within the framework of Nigerian law, the issue must be understood from both classical fiqh (Islamic jurisprudence) and practical legal implementation.
Classical Sharī‘ah Position
Classical jurists distinguished between:
(a) Private Non-Fasting
If an adult Muslim does not fast but does so privately without public display, most jurists considered this a major sin, but not something that automatically attracts worldly punishment unless it becomes public defiance.
Sharī‘ah courts historically intervened mainly when:
There was open violation during Ramadan.
The act caused public scandal or undermined public religious order.
(b) Public Eating During Ramadan Without Excuse
If someone publicly eats or drinks during Ramadan without a valid excuse, classical jurists regarded this as:
A punishable offense under ta‘zīr (discretionary punishment).
The punishment is not fixed (like ḥard penalties) but determined by the judge or authority to maintain public order and morality.
Ta‘zīr could include:
– Warning
– Fine
– Short-term detention
– Other corrective measures
It is not treated as a hard crime because there is no fixed Qur’anic corporal punishment for not fasting.
Application in Kano’s Sharī‘ah System
In Kano State for instance, Sharī‘ah criminal codes were introduced beginning in 2000. Under the Kano State Sharī‘ah Penal Code:
Public eating or drinking during Ramadan without a lawful excuse can attract penalties.
This usually falls under public morality provisions.
Punishments are typically fines or short-term imprisonment.
However:
– Enforcement applies only to Muslims.
– The matter must be proven in court.
– Defenses such as illness, travel, or other valid excuses are recognized.
Private failure to fast (without public exposure) is generally not prosecuted.
Important Legal Realities
Even in Kano:
– Sharī‘ah courts operate alongside Nigeria’s constitutional system.
– Enforcement varies in practice.
– Many cases are resolved through warnings rather than strict punishment.
Authorities often prioritize education and moral correction over harsh enforcement.
Summary
In a Sharī‘ah-operational state like Kano, private refusal to fast is sinful religiously, but it is usually not prosecuted.
Also, public eating without excuse during Ramadan may attract discretionary punishment (ta‘zīr), such as a fine or short detention.
Denying the obligation of fasting which is a theological issue, is handled carefully by scholars and courts.
However, Sharī‘ah emphasizes repentance and moral reform more than punishment. The primary objective is preservation of religion and public order, not severity.
To this end, if it is true that the young men were arrested on the premise of not fasting which is one of the Pillars of Islam, putting them in handcuffs is evident of severity.
May Allah SWT guide us aright.
_________This is Lovely 👇
Two Children – Brother and Sister – Who Paused their Secular Education to Memorize the Holy Quran
“It felt like a joke last year during Ramadan when my wife told me that Bilal (then 14 and an SS2 student) and his younger sister Rahma (then 12 and a JSS3 student) wanted to be withdrawn from secular school to be enrolled in a Quranic memorization (Tahfiz) school.”
The father of the children added: “I was surprised to hear this from these children, especially in this day and age where secular education is often prioritized over religious studies. I called them to discuss it, and they confirmed their desire to me. Today, by the grace of God, they have completed their memorization. Praise be to God!
“What is even more amazing and worthy of gratitude is that they completed this studies FREE of charge at a new school opened by Sheikh Bala Lau here in Unguwar Rimi, Kaduna.”
The school offers both boarding and day options, depending on the parent’s preference. The only responsibility for the parents is the cost of the uniform. However, if you choose the boarding option, you are responsible for the feeding of your child who stays at the school.
“As I speak with their teacher, he informed me that there are over 600 children waiting to start their studies next season. This indicates that there are nearly 600 parents who have agreed to withdraw or suspend their children’s secular education in pursuit of Quranic knowledge.”
– Sources: Ahlul Quran TV;
#campusreformnigeria
May Allah SWT make the knowledge beneficial to the children and reward the owner of the school and the teachers immensely.
Ramadan Mabrouq
