Friday, October 24, 2014

Is his father regarded as a martyr if he died on the job?

My father died when he was working. He worked as a taxi driver and his income varied and was modest, and he suffered many illnesses. Is working regarded as jihad for the sake of Allah? There are some people who say that he is a martyr. What is the ruling?



Praise be to Allah.




Undoubtedly the efforts of fathers to earn a living in order to spend on their children and make them independent of means so that they will not have to ask of people is something for which they will be rewarded if they seek reward with Allah for that. Al-Bukhaari (56) narrated from Sa‘d ibn Abi Waqqaas (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Verily, you will never spend anything, seeking thereby the Countenance of Allah, but you will be rewarded for it, even (the food) that you put in your wife’s mouth.”


It was narrated that Abu Hurayrah said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “A dinar that you spend for the sake of Allaah, a dinar that you spend to free a slave, a dinar that you give in charity to a needy person and a dinar that you spend on your family – the greatest of them in reward is the one that you spend on your family.”


Narrated by Muslim (995).


Al-Haafiz Ibn Hajar (may Allah have mercy on him) said: In the hadeeth of Abu Qilaabah from Abu Asma’, from Thawbaan, who attributed it to the Prophet (blessings and peace of Allah be upon him), it says: “The best dinar that a man spends is a dinar that he spends on his dependents, a dinar that he spends on his mount (for jihad) for the sake of Allah, and a dinar that he spends on his companions (in jihad) for the sake of Allah.” Abu Qilaabah said: He started with dependents, and what man will earn a greater reward than a man who spends on his dependents, to preserve their dignity, and Allah benefits them through him?


At-Tabari said: It starts with spending on dependents, which includes one’s own self, because a man’s own self is among his dependents; indeed, it has a greater right over him than the rest of his dependents, because no one can keep others alive by neglecting and destroying himself. Then comes spending on dependents.


End quote from Fath al-Baari, 9/499




Based on that, your father died doing a good deed, for which we hope that he had a good end and acceptance with Allah, may He be exalted. But that does not necessarily mean that he was engaged in jihad in the specific sense of fighting the mushrikeen for the sake of Allah.


With regard to jihad in a general sense (which means striving), which includes every act of obedience to Allah, there is no reason not to say that in general terms. But this does not mean that he died as a martyr either, because not everyone who dies doing a righteous deed dies as a martyr.




And Allah knows best.

Islam Q&A


Calling scholars, teachers and elders 'father'

Is calling scholars “father” a kind of imitation of the Christian Arabs who call their priests “father” or of the foreigners who call their religious leader the pope (a title derived from the Greek word for father; cf. papa)?



Praise be to Allah.




There is nothing wrong with addressing a scholar or elderly man as father, in the sense that his status is like that of a father in terms of respect, not in the sense of blood ties.


Abu Dawood (8), an-Nasaa’i (40) and Ibn Maajah (313) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “I am to you like a father; I teach you.”


(Classed as hasan by al-Albaani in Saheeh Abi Dawood).


In the Qur’an, the word father is used to refer to someone other than a biological father, as in the verse (interpretation of the meaning):


“They said, ‘We shall worship your Ilaah (God — Allah) the Ilaah (God) of your fathers, Ibraaheem (Abraham), Ismaa‘eel (Ishmael), Ishaaq (Isaac), One Ilaah (God), and to Him we submit (in Islam)”


[al-Baqarah 2:133].


Ismaa ‘eel was one of his (Ya‘qoob’s) paternal uncles, not one of his (fore)fathers.


In Fataawa Ibn as-Salaah (1/186) it says: Is it permissible according to the Holy Book and the saheeh hadeeths to call someone “father” other than the biological father?


He (may Allah have mercy on him) replied: Allah, may He be blessed and exalted, says (interpretation of the meaning): “They said, ‘We shall worship your Ilaah (God — Allaah) the Ilaah (God) of your fathers, Ibraaheem (Abraham), Ismaa‘eel (Ishmael)...” [al-Baqarah 2:133], and Ismaa‘eel was one of his paternal uncles, not one of his (fore)fathers.


And Allah says (interpretation of the meaning): “And he raised his parents [abawayhi] to the throne” [Yoosuf 11:100], but his mother had died previously. (The scholars) said that what is meant is his maternal aunt. This is an example of the word abawayn (parents, lit. two fathers) being used to refer to someone other than a biological parent, which is a valid usage in Arabic.


Use of the word in this manner to refer to the Prophet (blessings and peace of Allah be upon him) or a scholar or an old man is acceptable in terms of linguistic usage and meaning. From the shar‘i point of view, Allah, may He be glorified and exalted, says (interpretation of the meaning): “Muhammad (صلى الله عليه وسلم) is not the father of any of your men” [al-Ahzaab 33:40]. In the saheeh hadeeth, the Prophet (blessings and peace of Allah be upon him said): “I am to you like a father; I teach you.”


Hence some of our scholars are of the view that the Prophet (blessings and peace of Allah be upon him) should not be called the father of the believers, even though his wives are the mothers of the believers, and the reason given for that is what we have mentioned. Based on this, it may be said that he is like a father, but it cannot be said that he is our father. However, other scholars regarded the latter as permissible too, and the one who stated this view wrote a lengthy argument to support it. But to be on the safe side and as a precaution it is better to avoid that. End quote.


Ash-Shaafa‘i (may Allah have mercy on him) stated that it is permissible to call him the father of the believers, i.e., in terms of respect. See al-Durar al-Bahiyyah Sharh al-Bahjah al-Wardiyyah, 4/91


Al-Qurtubi (may Allah have mercy on him) said: The correct view is that it is permissible to say that he is the father of the believers, i.e., in terms of respect. The verse (interpretation of the meaning): “Muhammad (صلى الله عليه وسلم) is not the father of any of your men” [al-Ahzaab 33:40] refers to biological fatherhood. End quote.


So there is nothing wrong with calling him (blessings and peace of Allah be upon him) “father”, and it does not matter that the Christians use this word too, because resembling them is only forbidden with regard to matters that are unique to them, but this word is something common to all people, Arabs and others, and was also known before the time of the Christians, as Allah says concerning Ibraaheem (peace be upon him): “it is the religion of your father Ibraheem (Abraham) (Islamic Monotheism). It is He (Allah) Who has named you Muslims both before and in this (the Qur’an)” [al-Hajj 22:78 – interpretation of the meaning].


Allah, may He be exalted, called him the father of the believers.


Al-Qurtubi (may Allah have mercy on him) said in his Tafseer (12/91): Ibraaheem is the father of all the Arabs. It was also suggested that this is addressed to all the Muslims, even though not all of them are his descendants, because respect for Ibrahim is required from the Muslims as respect for the father is required from the son. End quote.


People still use this word in their speech; they may call a scholar, teacher or elder “father”, and one of these people may say to one who is younger than him, “O my son,” and so on.


Muslim narrated in his Saheeh (2151) that Anas ibn Maalik (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said to me, “O my son.”


An-Nawawi (may Allah have mercy on him) included this hadeeth in a chapter called: Permissibility of saying to someone other than one’s son, “O my son”; doing so is mustahabb.


What is meant by son in this case is like what is meant by father, and it is no different. It does not mean biological son; rather what is meant is to show compassion and mercy, which is an acceptable usage, even if this word is used by (Christian) priests when speaking to their followers, because it is not something that is unique to them, as mentioned above.


Shaykh ‘Abd ar-Rahmaan al-Barraak (may Allah preserve him) was asked: Nowadays it is common to use the word father to refer to Muslim religious scholars who are senior in age, knowledge and status; is it permissible to use this word, noting that the Christians use the word father to refer to their scholars who are senior in knowledge and status?


(He replied:) There is no report to indicate that the Messenger (blessings and peace of Allah be upon him), the Companions, the Taabi‘een or early generations used the word father to refer to the scholars.


If anyone were to be given the title of father, no one would be more deserving of that than the Messenger of Allah (blessings and peace of Allah be upon him), of whom our Lord said (interpretation of the meaning): “Muhammad (صلى الله عليه وسلم) is not the father of any of your men, but he is the Messenger of Allah and the last (end) of the Prophets” [al-Ahzaab 33:40].


He replied:


Praise be to Allah. We do not know of anyone among the scholars who was given the title of father; rather in some societies it is customary to describe an old man as father, whether he is a scholar or otherwise, so this word is used when addressing him, such as saying “O my father” or “O father”, and when referring to him. There is nothing to suggest that this is an imitation of Christian usage, because the Christians use that word as a title for leaders of their religion. As for your saying that the Messenger (blessings and peace of Allah be upon him), depite his high status and virtue, and despite of the great rights that he has over his ummah is not a father, based on the verse in which Allah, may He be exalted, says (interpretation of the meaning): “Muhammad (صلى الله عليه وسلم) is not the father of any of your men” [al-Ahzaab 33:40], what is meant by fatherhood here is biological fatherhood. However fatherhood in the sense of status and respect is established in the case of the Prophet (blessings and peace of Allah be upon him), as it says in some modes of recitation (interpretation of the meaning): “The Prophet is closer to the believers than their ownselves, and his wives are their (believers’) mothers (as regards respect and marriage) and he is a father to them” [al-Ahzaab 33:6]. What is meant by fatherhood and motherhood here is in terms of status, respect and honour. The Prophet (blessings and peace of Allah be upon him) said: “I am to you like a father,” however he is of even higher status than that, so his rights over his ummah are greater than the rights of parents and all other people, as he (blessings and peace of Allah be upon him) said: “No one of you truly believes until I am dearer to him than his son, his father and all of mankind.” Narrated by al-Bukhaari (14) and Muslim (44). And Allah knows best.


To sum up, there is nothing wrong with addressing a scholar or old man as father, and this is not regarded as imitating the Christians.


And Allah knows best.

Islam Q&A


He wanted to help a woman become Muslim, then they committed zina and she got pregnant, then she insisted on leaving him, and cut off ties with him

I would like to ask you a question which is killing myself - I tried to help a women for reverting Islam though before she didnt had any religion and she agreed to marry with me but in the meantime we had sex without marriage and aftersometime she broke with me and Allah swt knows why she did that.

After that I repented a lot..May Allah forgive my sins and I tried to pray istekhara and during this period she gave the news that she is pregnant... which I told her that this is the sign for our marriage but she didnt believe it. Instead of that she got upset and angry as she became pregnant. Later she told me that she will abort the baby and we didnt marry.

Now its been 6 months she is carrying the baby and wants to deliever the child and In this meantime I have send several times of marriage proposal but she didnt accept. I want my child back as well as her but she is not agreeing.

What shall I do to get my child back and and I know even we marry now the child will be illlegitmate. There fore I would like to know what shall I do as I wana take the responsibility of the child and her and if its legal to do so... will i lose the child? If child born does he will have my name and am i legal to take care?

Kindly reply my answer at the earliest.



Praise be to Allah.




We believe that everyone who reads this question must learn from it and convey that lesson to people, so that they may protect themselves and their societies from such errors, and understand how doing things the wrong way must inevitably lead to wrong outcomes, even if the aim was noble. The aim is not sufficient to make actions right; rather the action must also be free of any element of evil or corruption, as Ibn al-Jawzi (may Allah have mercy on him) said: We seek refuge with Allah from starting any action without basin it on knowledge and reason.


Talbees Iblees, p. 277


Similarly, we read what is mentioned in the question with a great deal of sorrow. How the nafs (self) that is inclined towards evil could take advantage of a girl who is interested in Islam, seeking guidance and to learn about the Qur’an, and make her fall into the pit of desire and forbidden pleasure, so that her search for guidance turned into an occasion for resentment, anger and aversion, and showed her the darkness of sin instead of the light of guidance. No light will be left in the heart of the sinner; rather he will be stuck in the mire of his sin, and what has tainted his heart of evil can hardly be washed away except after sincere repentance, a great deal of praying for forgiveness, and turning to Allah, may He be exalted, with humility and humbling oneself before Him, in the hope that He may pardon and forgive, and help him to come back to obedience to his Lord, so that he may move beyond this dark stage in which the sin began by forming a relationship with a non-mahram woman and ended with zina.




Now that you have knocked at the door of repentance and have turned to Allah, may He be exalted, you must understand some shar‘i rulings which are very important in your case; we will list them for you below:


Firstly:


It is not permissible for a Muslim to marry a woman of any other religion apart from the people of the Book, namely Jews and Christians and those whom the scholars included under the same heading. As for a woman who does not follow any religion at all, not even in name only or on official papers, it is not permissible to marry her. Allah, may He be glorified and exalted, says (interpretation of the meaning):


“And do not marry Al-Mushrikat (idolatresses, etc.) till they believe (worship Allah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress, etc.), even though she pleases you”


[al-Baqarah 2:221] .


No exception is mentioned except in the case of the people of the Book, because of the general meanings of the word mushrikaat (fem. pl. of the word mushrik, meaning one who associate others with Allah).


Ibn Qudaamah (may Allah have mercy on him) said:


With regard to all disbelievers apart from the people of the Book, such as those who worship whatever they see fit of idols, rocks, trees and animals, there is no difference of scholarly opinion that it is haraam to marry their women or eat meat slaughtered by them.


End quote from al-Mughni, 7/131




Secondly:


Attributing the child who is born as a result of zina (with a woman who is not married) to the zaani is also a problematic matter. The Prophet (blessings and peace of Allah be upon him) said: “If (the child) is from a free woman with whom he cohabited, he is not to be attributed (to the zaani) and cannot inherit from him.” Narrated by Abu Dawood in as-Sunan, 2265; classed as hasan by al-Albaani in Saheeh Abi Dawood.




Thirdly:


With regard to m of the child, there is nothing wrong with you spending on the child who was born as a result of zina if you want to do so, provided that this is done from a distance, by sending the money through a bank account for example, without being in contact with that woman or meeting her, so that the sin will not be repeated and so that the Shaytaan will not cause temptation between you.


Fourthly:


It is not permissible for you to carry on trying to convince her to marry. She has been put off and has been faced with distress because of that sin. Similarly, it is not permissible to use the fact that you prayed istikhaarah and that she became pregnant as proof that this marriage is something good. We think that this is a kind of getting carried away in temptation and is an attempt to confuse that woman. The marriage that is prescribed by Allah, may He be exalted, and is liked by Him is not something for which pregnancy that results from haraam actions can be interpreted as a sign in its favour; rather it begins with obedience to Allah, may He be glorified, and adherence to His laws and commands.


Our advice to you is to stop attempting to convince her; rather you must stop trying to communicate with her in any way, because there is no way that you can marry her if it becomes clear that she is neither a Jew nor a Christian. Even if it becomes clear that she is a follower of one of these two religions, there is no way that you can marry her because she has refused and is convinced that marriage would fail after it has been spoiled by zina.


We ask Allah to forgive us and you, and to grant us all well being.


And Allah knows best.

Islam Q&A


Is artificial insemination regarded as taking back a wife who is revocably divorced?

Is the process of having test-tube babies or artificial insemination regarded as taking back a wife who has been divorced once? Artificial insemination or test-tube babies, as you know, involves taking an egg from the woman laproscopically, and taking semen from the man by means of masturbation, then sending them to the lab, where the semen is added to the woman’s egg in a test-tube. Can this process be regarded as taking back the wife, especially since they will return the egg, after fertilisation, to the woman’s uterus by means of another laparoscopic procedure? If pregnancy occurs, will her ‘iddah last until she gives birth, or is this regarded as taking her back?



Praise be to Allah.




Firstly:


There are several problems with artificial insemination, and taking this matter lightly leads to serious negative consequences. It is essential for both partners to be cautious with regard to this matter and to ensure that this procedure is done by trustworthy medical professionals.


Please see the answer to question no.3474


Secondly:


The scholars differed concerning taking back the wife when her ‘iddah has not yet ended: is that accomplished just by doing the deed, or is it essential to speak words to that effect, as at the beginning of marriage?


It says in al-Mawsoo‘ah al-Fiqhiyyah (22/9-12):


The fuqaha’ are unanimously agreed that taking back the wife is valid if words are uttered to that effect, such as if he says to his (revocably) divorced wife before the ‘iddah ends, “I take you back” or any other words to that effect.


With regard to taking back the wife by means of actions:


The Hanafis are of the view that intercourse and things that precede it are valid for taking the wife back. The Maalikis are of the view that taking the wife back is valid in the form of actions such as intercourse and things that precede it, on condition that the husband intends by these actions to take his wife back.


According to the Shaafa‘is, taking back the wife in the form of actions is not valid in any circumstances, whether it is done by intercourse or the things that precede it, and whether or not the action is accompanied by the husband’s intention to take her back.


The Hanbalis differentiated between intercourse and the things that precede it, with regard to the validity of taking the wife back. In their view, taking the wife back in the form of intercourse is valid, but not in the form of things that precede intercourse.


End quote.


The most correct scholarly opinion concerning this matter is that taking the wife back may be done by actions, if the intention is to take her back. However, if he does not intend to take her back, then that cannot be done merely by actions.


Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:


He may take her back by uttering words, so he may say: I take my wife back. Or he may take her back by means of actions, so he may have intercourse with her with the intention of taking her back.


End quote from Fataawa Islamiyyah, 3/423




Thirdly:


Based on the above, if the husband intends to take his wife back, then it is permissible for them to undergo artificial insemination, and it is sufficient for them to go ahead with this procedure, if the husband intends thereby to take his wife back. It is not stipulated that he should take her back by uttering words, although that is preferable and more on the safe side.


If he has taken his wife back by his words or by his actions accompanied by the intention, then her ‘iddah has ended, because she is no longer regarded as divorced; rather she has gone back to being truly married. So there is no need to consider her ‘iddah or how it will end, unless he divorces her again.


But if he did not intend to take his wife back, it is not permissible for him to go ahead with artificial insemination with her when she is divorced from him, because artificial insemination is only permissible with one’s wife, and merely doing artificial insemination without the intention of taking her back does not constitute taking her back.


And Allah knows best.

Islam Q&A


Is it permissible to mention the faults of the Muslims in the presence of people of the Book?

Is it permissible to mention the faults of the Muslims in the presence of people of the Book?

Praise be to Allah.




I know that a Muslim is the brother of his fellow Muslim and the enemy of the disbeliever. But if a Muslim seems to have a bad attitude and mistreats people, and a disbeliever is the opposite of that, the Muslim is more entitled to be spoken of well and treated well in all circumstances.


Allah, may He be exalted, and His Messenger (blessings and peace of Allah be upon him) have enjoined taking the believers as friends and opposing the disbelievers in many texts in the Book of Allah, may He be glorified and exalted, and the Sunnah of His Messenger (blessings and peace of Allah be upon him), let alone the words of the scholars and their unanimous agreement on that. Part of their ‘aqeedah (belief) is taking the believers as friends and opposing the disbelievers.


Allah, may He be exalted, says (interpretation of the meaning):


“O you who believe! Take not the Jews and the Christians as Awliya’ (friends, protectors, helpers, etc.), they are but Awliya’ to one another. And if any amongst you takes them as Awliya’, then surely he is one of them. Verily, Allah guides not those people who are the Zaalimoon (polytheists and wrongdoers and unjust)”


[al-Maa’idah 5:51]


“Verily, your Wali (Protector or Helper) is Allah, His Messenger, and the believers, - those who perform As-Salat (Iqaamat-as-Salaah), and give Zakaah, and they bow down (submit themselves with obedience to Allah in prayer).


And whosoever takes Allah, His Messenger, and those who have believed, as Protectors, then the party of Allah will be the victorious.


O you who believe! Take not for Awliya’ (protectors and helpers) those who take your religion for a mockery and fun from among those who received the Scripture (Jews and Christians) before you, nor from among the disbelievers; and fear Allah if you indeed are true believers”


[al-Maa’idah 5:55-57].


Shaykh Ibn Baaz (may Allah have mercy on him) said:


The Qur’an calls us to take the believers as friends and to oppose the disbelievers wherever they are and however they are.


End quote from Majmoo‘ Fataawa Ibn Baaz, 1/297


Allah, may He be exalted, says (interpretation of the meaning):


“O you who believe! Whoever from among you turns back from his religion (Islam), Allah will bring a people whom He will love and they will love Him; humble towards the believers, stern towards the disbelievers, fighting in the Way of Allah, and never afraid of the blame of the blamers. That is the Grace of Allah which He bestows on whom He wills. And Allah is All-Sufficient for His creatures needs, All-Knower”


[al-Maa’idah 5:54].


Shaykh as-Sa‘di (may Allah have mercy on him) said:


The (believers) are very humble when dealing with other believers, meaning that they love them, are sincere, soft, gentle, compassionate, merciful and easygoing towards them. But the way they should behave towards those who disbelieve in Allah and reject His revelations and His Messengers, is to be stern towards them. The believers are all united in opposing them and they strive hard in every way to prevail over them. Allah, may He be exalted, says (interpretation of the meaning): “severe against disbelievers, and merciful among themselves” [al-Fath 48:27]. Sternness towards the enemies of Allah is something that brings a person closer to Him, as he is aware of the wrath of Allah towards them. However, this sternness should not prevent us calling them to Islam in a gentle way. In both cases, that serves their best interests and they will benefit from it.


End quote from Tafseer as-Sa‘di, p. 235


Muslim (2564) narrated that Abu Hurayrah said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Do not envy one another, do not artificially inflate prices, do not hate one another, do not turn away from one another, do not undercut one another. Be, O slaves of Allaah, brothers. The Muslim is the brother of his fellow-Muslim. He does not wrong him, let him down or despise him. Piety (taqwa) is here” – and he pointed to his chest three times. “It is sufficient evil for a man to despise his Muslim brother. The whole of a Muslim is sacred to another Muslim, his blood, his wealth and his honour.”


Al-Bukhaari (6011) and Muslim (2586) narrated that an-Nu ‘maan ibn Basheer said: The Messenger of Allah (blessings and peace of Allah be upon) said: “The likeness of the believers in their mutual love, mercy and compassion is that of the body; when one part of it is in pain, the rest of the body joins it in restlessness and fever.”


What the Muslim must do is show care towards his Muslim brother, help him, meet his needs and conceal his mistakes. If he makes a mistake or commits a sin, he should offer him sincere advice, enjoin him to do what is good and forbid him to do what is evil, and he should not leave him to his shaytaan or his nafs (self) that is inclined towards evil. If he commits a sin, major or minor, he should not disavow him or fail to show him the friendship and care that are his Islamic duty; rather he should disavow his wrongdoing, sin and enmity, whilst maintaining the basic principle of friendship and love because of the faith he has. If he gives up his sin and mistake, he should restore the ties of friendship and support, according to the situation.


With regard to the disbeliever, a Muslim has nothing to do with him because of his false religion and his being far away from the straight path of Allah. What comparison can there be between him and a believer, even if the latter falls short and is negligent?


With regard to speaking ill of his Muslim brother and putting him down in front of a disbeliever, whether he is of the people of the Book or otherwise, this is bad manners and is often indicative of a problem with one’s own ‘aqeedah. Many Muslims are enchanted by non-Muslims, because of what they appear outwardly to be, then if they see from another Muslim something that they dislike, they criticize him for his shortcomings and think that an non-Muslim is better than him.


But what is enjoined is for the Muslims to conceal one another’s faults, so how can one Muslim strive to expose another in front of the enemies of the Muslims, whether they are the people of the Book or otherwise? How can he give the enemies the opportunity to rejoice in the misfortunes of his fellow believer, or show them his faults and shortcomings? Rather Imam an-Nawawi (may Allah have mercy on him) said:


If a teacher says to the children, “The Jews are much better than the Muslims, because they give their children’s teacher his rights,” he has become a disbeliever!


End quote from Rawdat at-Taalibeen, 10/69


In fact this is the expected outcome of mentioning the bad deeds and faults of the Muslims in front of the enemies of Allah among the disbelievers. It ends up with the one who says that preferring the disbelievers over the Muslims, especially when he starts to compare them; what usually happens is that he reduces all characteristics to one, which he exaggerates to the exclusion of others and bases his judgement of people on that one characteristic.


The wise person should beware of helping (an enemy) against his brother or being a fitnah to the disbelievers by mentioning the faults of the Muslims in front of them, because by doing so he is barring them from the religion of Allah and turning them away from it.


And Allah knows best.

Islam Q&A


There is nothing wrong with offering du‘aa’ together after a lecture

Is it permissible to offer du‘aa’ together, such as if the imam offers du‘aa’ after giving a lecture, for example?



Praise be to Allah.


|Du‘aa’ is one of the best acts of worship by means of which the Muslim may worship his Lord. Allah, may He be exalted, says (interpretation of the meaning):


“And your Lord said: ‘Invoke Me, (i.e. believe in My Oneness (Islamic Monotheism)) (and ask Me for anything) I will respond to your (invocation). Verily! Those who scorn My worship (i.e. do not invoke Me, and do not believe in My Oneness, (Islamic Monotheism)) they will surely enter Hell in humiliation!’”


[Ghaafir 40:60].


It was narrated from an-Nu‘maan ibn Basheer, that the Prophet (blessings and peace of Allah be upon him) said: “Du‘aa’ is worship. Your Lord said: ‘Invoke Me, I will respond to your (invocation).’” Narrated and classed as saheeh by at-Tirmidhi, 2969; also narrated by Abu Dawood, 1479; Ibn Maajah, 3828; classed as saheeh by al-Albaani in Saheeh Abi Dawood.


Here we should point out an important matter about which many people are confused, namely the difference between “making dhikr together” and “offering du‘aa’ together”. The former has no basis in Islam; there is no proof that the Prophet (blessings and peace of Allah be upon him) remembered his Lord (i.e., dhikr) with his Companions in unison, or that he would remember his Lord (recite dhikr) and his Companions (may Allah be pleased with them) would repeat after him.


But with regard to offering du‘aa’ together, there is a basis for doing so in Islam, and it may take many forms. In Qunoot an-nawaazil (du‘aa’ of qunoot at times of calamity) and qunoot in Witr prayer, the Prophet (blessings and peace of Allah be upon him) would offer du‘aa’ and his Companions would say Ameen behind him. The majority of scholars are of the view that the worshippers should say Ameen to the du‘aa’ of the khateeb on Friday, and when praying for rain (istisqa’), and there are many other various ways of offering du‘aa’ together.


With regard to innovated (bid‘ah) ways of offering du‘aa’ together, there are several forms:


1. When a Muslim calls together a group of people solely for the purpose of offering du‘aa’


It was narrated that Abu ‘Uthmaan said: A governor wrote to ‘Umar ibn al-Khattaab, saying: Here there are some people who gather together and offer du‘aa’ for the Muslims and the governor. ‘Umar wrote back to him saying: Come (to me) and bring them with you. So he came, and ‘Umar said to the doorkeeper, Bring me a whip. When they entered upon ‘Umar, he began to strike their governor with the whip.


Narrated by Ibn Abi Shaybah in his Musannaf, 13/360. Its isnaad is hasan.


2. People gathering to offer du‘aa’ in unison


Shaykh Bakr Abu Zayd (may Allah have mercy on him) said:


Dhikr recited together in unison, in secret or openly, where a specific du‘aa’, narrated in texts or otherwise, is repeated, whether that is done by everyone or one of them prompts the others, with or without raising the hands – all of these are actions that require a shar‘i basis from the Qur’an or Sunnah, because that comes under the heading of worship, and acts of worship are based on tawqeef (i.e., they should be limited only to that which is mentioned in the Qur’an and saheeh Sunnah) and on following (the Qur’an and saheeh Sunnah), not on innovations and inventions. Hence we looked in the texts of the Qur’an and Sunnah, and we did not find any evidence to support this form of dhikr. Hence we can be sure that there is no basis for it in sharee‘ah. Anything for which there is no basis in sharee‘ah is an innovation (bid‘ah). Therefore dhikr and du‘aa’ that are done in communal form are innovations and every Muslim who follows the example of the Messenger of Allah (blessings and peace of Allah be upon him) must refrain from and avoid them, and adhere to what is prescribed.


Based on that, offering du‘aa’ together in unison, whether it is du‘aa’ at any time or following a certain activity, such as after reading Qur’an or after an exhortation or lesson – all of that is innovated.


Tasheeh ad-Du‘aa’, p. 134, 135


With regard to the du‘aa’ of a lecturer or teacher at the end of his lesson, and the audience saying Ameen to his du‘aa’, it seems to us from the Sunnah of the Prophet (blessings and peace of Allah be upon him) that this is permissible, and indeed mustahabb (encouraged).


It was narrated that Ibn ‘Umar (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) rarely left a gathering without offering these supplications for his companions: “O Allah, give us a share of fear of You that will prevent us from disobeying You, (a share) of obedience to You that will help us to reach Paradise, and (a share) of certainty that will enable us to withstand the calamities of this world; cause us to enjoy our hearing, sight and strength so long as we are alive, until we die; avenge us against those who wrong us; support us against those who wrong us; do not make our calamity in our religious commitment; do not make this world our main concern and all that we know about; do not send against us those who will show no mercy to us.”


Narrated by at-Tirmidhi, 3502; classed as hasan by al-Albaani in Saheeh at-Tirmidhi.


An-Nawawi included it in his book al-Adhkaar, in a chapter entitled “Du‘aa’ of a person in a gathering for himself and those who are with him.”


Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) was asked:


Sometimes, after giving a lecture or a lesson, the lecturer offers du‘aa’ and raises his hands; should we sit with him during the communal du‘aa’ or should we leave after the lecture, before the du‘aa’?


He replied:


There is nothing wrong with offering du‘aa’ after a lecture, exhortation or reminder; there is nothing wrong with offering du‘aa’, calling upon Allah to help and guide those present, and to grant them good intentions and good deeds. But I do not know of any evidence for raising their hands in such cases, and I do not know of any report to that effect from the Prophet (blessings and peace of Allah be upon him) except some texts that speak in general terms of raising the hands when offering du‘aa’, and say that it is one of the means of having the supplication answered. But I do not remember any report from the Prophet (blessings and peace of Allah be upon him) to suggest that after he had exhorted or reminded the people, he would raise his hands and offer du‘aa’. If he used to do that, the Sahaabah (may Allah be pleased with them) would have reported it, because they did not omit anything but they reported it (may Allah be pleased with them). So it is preferable and more on the safe side not to raise the hands in such cases, unless there is evidence to that effect. With regard to the speaker offering du‘aa’ for them after he has finished speaking, and saying. “May Allah forgive us and you” or “May Allah guide us and you,” or “May Allah cause us and you to benefit from what we have heard,” and so on, there is nothing wrong with that, and if they say Ameen, there is nothing wrong with that either. End quote.


Fataawa Noor ‘ala ad-Darb, tape no. 610.

Islam Q&A


Thursday, October 23, 2014

Ruling on doing the marriage contract over the phone or Internet

Is it valid to do the marriage contract over a WebCam? Because I heard that it is not permissible as one of the conditions of marriage is that it should be done in one place?



Praise be to Allah.




The proposal (eejaab) and acceptance (qubool) form one of the pillars or essential parts of the marriage contract, without which it is not valid. The proposal is said by the wali (guardian) or his proxy and the acceptance is said by the husband or his proxy.


It is stipulated that the proposal and acceptance should come in one sitting. It says in Kashshaaf al-Qinaa‘ (5/41): If there is a lapse of time between the proposal and acceptance, it is valid so long as both are done in the same gathering and there is no distraction that would count as an interruption according to local custom, even if the interval between the two is lengthy. But if they part before the acceptance is spoken after the proposal has been issued, then the proposal becomes invalid. The same applies if there is a distraction that interrupts the proceedings according to local custom, because that is turning away from it and it is as if the proposal had been rejected. End quote.


Similarly, it is also stipulated that witnesses be present in order for the marriage contract to be valid.


Based on that, the scholars differed with regard to doing the marriage contract by using modern needs such as the telephone and the Internet. Some of them say that that is not permissible, because of the absence of witnesses, even though the presence of two witnesses on the phone at the same time comes under the same ruling as if they were in the same place. This is the view of the Islamic Fiqh Council (Majma‘ al-Fiqh al-Islami).


Some of the scholars are of the view that this should be disallowed, as a precaution to protect the marriage, because it is possible to imitate a person’s voice and thus deceive others. This is what is stated in fatwas issued by the Standing Committee for Issuing Fatwas.


Some of the scholars regard it as permissible so long as there is no risk of tampering. This is what was stated in fatwas issued by Shaykh Ibn Baaz (may Allah have mercy on him).


Thus it is known that the problem is not the issue of being the same place, because contact between both parties at the same time via the phone or Internet comes under the same ruling as if they were in the same place.


It is also possible for this marriage contract to be witnessed, by hearing the voice of the speaker over the phone or Internet; in fact with technological advances nowadays it is possible to see the wali and hear his voice when he makes the proposal, and it is also possible to see the husband.


Hence the most correct view with regard to this matter is that it is permissible to do the marriage contract over the phone or Internet, if there is no danger of tampering, the identity of the husband and wali is proven, and the two witnesses can hear the proposal and acceptance. This is what was stated in fatwas issued by Shaykh Ibn Baaz (may Allah have mercy on him), as stated above. It is also what is implied by the fatwa of the Standing Committee, which disallowed marriage in such cases as a precaution and for fear of deceit.


The one who wants to be on the safe side may do the marriage contract by appointing proxies; so the husband or guardian may appoint someone to do the marriage contract on his behalf in front of witnesses.


There follow the comments of scholars that confirm what we have referred to:


1. Statement of the Islamic Fiqh Council:


Statement no. 52 (6/2) concerning the ruling on contracts via modern needs of communication.


After stating that it is permissible to do contracts via modern means of communication, the Council said:


The guidelines mentioned above do not apply to the marriage contract, because of the stipulation that witnesses be present in that case. End quote.


2. Fatwa of the Standing Committee for Issuing Fatwas:


Question: if the pillars or essential parts and conditions of the marriage contract are fulfilled, except that the wali and the husband are in different countries, is it permissible to do the marriage contract by phone or not?


Answer: because nowadays deceit and trickery are widespread, and some people are skilled at imitating others, and some are able to make their voice sound like a number of people, male and female, young and old, and even speak different dialects and languages, so that the listener thinks that several people are speaking when in fact it is only one person, and because Islamic sharee‘ah is concerned with protecting people’s chastity and honour, and takes more precautions than other religions with regard to contracts and dealings, the Committee thinks that it is not appropriate, with regard to marriage contracts, the proposal and acceptance, and appointing proxies, to handle such matters over the phone. This is in order to achieve the aims of sharee‘ah and protect people’s chastity and honour, so that those who follow whims and desires and those that seek to deceive and cheat people will not be able to toy with matters of marriage. And Allah is the source of strength.


End quote from Fataawa al-Lajnah ad-Daa’imah, 18/90


3. Fatwa of Shaykh Ibn Baaz (may Allah have mercy on him)


Question:


I want to get married to a girl and her father is in another country; at present I cannot travel to meet him and do the marriage contract, for financial or other reasons. I am currently in a foreign country. Is it permissible for me to call her father so that he can say to me, “I give you my daughter So and so in marriage,” and I can say, “I accept.” The girl agrees to the marriage and there are two Muslim witnesses who can listen to what I say and what he says, via the speakers on the phone. Is this regarded as a legitimate marriage contract?


Answer:


The website put this question to Shaykh ‘Abd al-‘Azeez ibn ‘Abdullah ibn Baaz (may Allah have mercy on him) and he replied that if what is described is true (and there is no tampering involved), then it fulfils the conditions of shar‘i marriage and the marriage contract is valid. See the answer to question no. 2201.


And Allah knows best.

Islam Q&A


Ruling on seeking auspicious omens from the Mushaf

Instead of offering salaat al-istikhaarah, some people open the Holy Qur’an randomly, then they look for anything in the page that they have chosen of the Mushaf to give them a hint to help them make their decision. For example, there is a married daughter who came to live with her parents, because her husband is not giving her her rights, and she wants to get divorced. Her mother opened the Mushaf (at random) and there was the story of Moosa (peace be upon him) and his mother, (where Allah said to her): “but when you fear for him, then cast him into the river” [al-Qasas 28:7]. From this story, she understood that her daughter should go back to her husband. Can you explain this matter to me?

Praise be to Allah.


Salaat al-istikhaarah is a confirmed Sunnah that is proven in reports from the Prophet (blessings and peace of Allah be upon him), and it cannot be replaced by what you have mentioned about seeking auspicious omens in the Qur’an. Rather this seeking omens in the Mushaf is haraam according to a number of scholars, because it comes under the same heading as divination with arrows.


Al-Qarraafi (may Allah have mercy on him) said: With regard to the haraam pursuit of auspicious omens, at-Tartooshi said in his commentary that looking for auspicious omens in the Mushaf, geomancy, drawing lots, throwing grains of barley (and interpreting the patterns in which they fall), and all such things are haraam, because they come under the same heading as divination with arrows. During the Jaahiliyyah, they had arrows or pieces of wood, on one of which was written “Do it”; on other arrows were written the words “Do not do it” and “Not clear (or try again)”. A person would draw one of them, and if he found the words “Do it” he would go ahead with what he was thinking of doing; if he found the words “Do not do it”, he would turn away from what he wanted to do and think that it was bad; if he found the word “Not clear (or try again),” he would try again. Thus he was seeking his share of the unseen by means of these arrows, so that if it was good he would pursue it and if it was bad he would forget about it. The same applies to one who looks for auspicious omens in the Mushaf or elsewhere; the one who does that thinks that if he sees something good he will pursue it or if he sees something bad he will try to avoid it. This is exactly what is meant by divination with arrows which the Qur’an states is haraam. End quote from al-Furooq, 4/240


Al-Nafraawi said: The Prophet (blessings and peace of Allah be upon him) liked good omens, which refers to anything that makes one feel at ease, such as a good word. In as-Saheeh it says: “There is no tiyarah (superstitious belief in bad omens), and the best of it is a good omen.” It was said: O Messenger of Allah, what is a good omen? He said: “A good word that one of you hears.” According to another report, he said: “But I like good omens.” An example of that is if a person sets out on a journey or to go and visit a sick person and he hears the words Yaa saalim (O safe one), yaa ghaanim (O winner) or yaa ‘aafiyah (O healthy one). This applies if he was not seeking such an omen (and heard that by coincidence); but if he was seeking an omen so that he could act upon whatever he heard, whether it was good or bad, then it is not permissible, because it is like the haraam divination with arrows that they used to do during the Jaahiliyyah. A similar practice, which is also not permissible, is looking for omens in the Mushaf, because this also comes under the same heading as divination with arrows, because he may find something in the Qur’an that appears to point to something he does not like, and that may lead him to regard the Qur’an as “unlucky”. If a person wants to do something then hears something that upsets him, he should not change his plans; rather he should say: “O Allah, no one brings good except You and no one brings evil or wards off evil except You.”


End quote from al-Fawaakih ad-Dawaani, 2/342


Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) was asked about looking for good omens in the Mushaf. He replied: With regard to looking for good omens in the Mushaf, there is no report of that from the early generations, and the later generations disputed concerning it. Al-Qaadi Abu Ya‘la mentioned a dispute concerning it. He narrated from Ibn Battah that he did it and said that someone else disliked it. But this is not the kind of good omen that the Messenger of Allah (blessings and peace of Allah be upon him) liked; he liked good omens and disliked superstitious belief in bad omens. The kind of good omen that he liked is when a person does something or decides to do something, putting his trust in Allah, then he hears a good word that makes him happy, such as if he hears the words Yaa najeeh (O successful one), Yaa muflih (O prosperous one), Ya sa‘eed (O happy one), Yaa mansoor (O victorious one) and so on. For example, during his hijrah (migration to Madinah) he met a man en route and said to him: “What is your name?” He said: Yazeed (meaning increase). He said: “O Abu Bakr, yazeed amruna (our matter will increase in good).” As for superstitious belief in bad omens, if a person has done something, putting his trust in Allah, or he has decided to do something, then he hears a word that he dislikes, such as “it will not reach its goal” or “he will not prosper” and so on, and he takes it as a bad omen and gives up his plans, this is forbidden. It is narrated in as-Saheeh that Mu‘aawiyah ibn al-Hakam as-Sulami said: I said: O Messenger of Allah, among us are some people who superstitiously believe in bad omens. He said: “That is something that one of you feels in his heart; do not let it prevent you from going ahead.” Thus the Prophet (blessings and peace of Allah be upon him) forbade letting superstition prevent one from doing what one intended to do. In both cases, even though he liked good omens and disliked superstitious belief in bad omens, he would still pray istikhaarah (seeking Allah’s help in making a decision), put his trust in Allah and go ahead on the basis of what is prescribed of taking appropriate measures. In the case of a good omen, he did not make it a reason or motive for going ahead, and he did not let a bad omen prevent him from going ahead. Rather it was the people of the Jaahiliyyah who based their decision whether to go ahead or not on that, for which they would use arrows for divination. Allah forbade using arrows for divination in two verses of the Qur’an; when they (the people of the Jaahiliyyah) wanted to make a decision, they would bring sticks like arrows or pebbles or something else on which they had made marks to indicate “good”, “bad” or “unclear (or try again).” If they picked up the one that said “good,” they would go ahead with their plans; if they picked up the one that said “bad”, they would refrain; and if they picked up the one that said “unclear”, they would try again. And there are other actions that could come under the same heading, such as throwing pebbles or barley grains (and “reading” the patterns in which they fall), or using boards, pieces of wood or pieces of paper on which were written Arabic letters, verses of poetry and the like, by means of which a person would decide whether to go ahead with his plans or not. All of these are forbidden because they come under the same heading as seeking divination with arrows. Rather it is Sunnah to pray istikhaarah, seeking guidance from the Creator, and to consult other people and find out on the basis of shar‘i evidence what Allah likes and is pleased with and what He dislikes and forbids. These superstitious practices are sometimes intended to find out whether what a person wants to do is good or bad, and sometimes they are intended to find out about its usefulness, in the past or in the future. In either case it is not allowed or prescribed. And Allah, may He be glorified and exalted, knows best.


End quote from Majmoo‘ al-Fataawa, 23/66


Thus it is clear that seeking good omens from the Mushaf by opening it and looking at the page, then basing one’s decision on that, is haraam and is the same as seeking divination with arrows. This is in contrast to good omens that come immediately after one has taken a decision, when hearing a good word by coincidence, when not looking for that.


What is mentioned in the question about the wife who is not being given her rights by her husband indicates that the method mentioned is not correct, because one may say: Rather the verse mentioned indicates that she should separate from him and stay away, even if she fears the consequences thereof, as the mother of Moosa threw her son into the river, but the consequences were good for her.


In such cases it is essential to examine the problem and its causes and ways of dealing with it in the appropriate shar‘i manner, such as offering sincere advice, and looking for arbitrators from the husband’s family and the wife’s family, and so on.


And Allah knows best.

Islam Q&A


Wednesday, October 22, 2014

Why was Iblees commanded to prostrate to Adam along with the angels?

If Iblees was not one of the angels, why was he commanded to prostrate to Adam along with the angels?



Praise be to Allah.




Undoubtedly, when Allah, may He be exalted, commanded the angels to prostrate to Adam, this command was also addressed to Iblees, as Allah, may He be exalted, says (interpretation of the meaning):


“…except Iblees (Satan), he refused to be of those who prostrate.


(Allah) said: ‘What prevented you (O Iblees) that you did not prostrate, when I commanded you?’”


[al-A‘raaf 7:11, 12].


The scholars have spoken about the reason why the command to prostrate to Adam was addressed to Iblees even though he was not one of the angels; they stated that the reason for that was that he was similar to the angels in their outward deeds.


Ibn Katheer (may Allah have mercy on him) said (1/105):


The conclusion is that when Allah, may He be exalted, commanded the angels to prostrate to Adam, He included Iblees in that because, even though he was not one of them, he was imitating them and doing deeds like their. Hence he was included in what was addressed to them, and he was condemned for going against the command. End quote.


Shaykh Ibn ‘Uthaymeen said in Tafseer Soorat al-Baqarah (1/127):


If someone were to say: there is something confusing in this verse, which is that when Allah, may He be exalted, says that He commanded the angels to prostrate, He says that they all prostrated except Iblees, and it would appear to mean that Iblees was one of them, but that is not the case;


The answer to that is that Iblees shared with them their outward deeds, so the command included him on the basis of his outward deeds. End quote.


Something similar was also said by al-‘Allaamah at-Taahir ibn ‘Ashoor in his tafseer, at-Tahreer wa’t-Tanweer (1/409). What we are obliged to believe is that the command to prostrate to Adam was addressed to Iblees just as it was addressed to the angels, and this is what the Qur’an clearly says:


“(Allah) said: ‘What prevented you (O Iblees) that you did not prostrate, when I commanded you?’”


[al-A‘raaf 7:12].


As for the reason why this command was addressed to him, Allah knows best.


And Allah knows best.

Islam Q&A


Ruling on the woman going out of her house during ‘iddah following divorce (talaaq)

I want to go to classes to memorise Qur’an. Is it permissible for me to go out when I am in ‘iddah, or it is not permissible?



Praise be to Allah.




We understand from this question that was submitted to the website that what is meant by the ‘iddah in this question is the ‘iddah following divorce (talaaq). Based on that, it should be pointed out to the sister who is asking this question that the ‘iddah following divorce (talaaq) must be one of two things:


1. Either ‘iddah following a revocable divorce


2. Or ‘iddah following an irrevocable divorce.


In the first case: she is observing ‘iddah following a revocable divorce. She may go out to the mosque or to Qur’an classes on condition that her husband give her permission, because the woman who is revocably divorced is still a wife, with the same rights and duties as other wives.


It was narrated from Ibn ‘Umar that he used to say: If a man has divorced his wife once or twice, she should not go out of her house except with his permission.


Narrated by Ibn Abi Shaybah in his Musannaf, 4/142


Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The more correct view is that if the divorced woman’s divorce is revocable, then she is like a wife who has not been divorced, i.e., she may go out to visit her neighbours or relatives, or to go to the mosque to listen to talks and so on. She is not like the one whose husband has died. With regard to the verse (interpretation of the meaning): “and turn them not out of their (husbands’) homes, nor shall they (themselves) leave” [at-Talaaq 65:1], what is meant by turning them out is leaving, i.e., she should not leave the house and go out and live somewhere else.


End quote from Fataawa Noor ‘ala ad-Darb.


An-Nawawi (may Allah have mercy on him) said: If she is revocably divorced, then she is still a wife; he still has to take care of her maintenance, and she should not go out except with his permission.


End quote from Rawdat at-Taalibeen, 8/416


In the second case: she is permanently divorced, whether she is completely divorced and cannot go back to her husband unless she marries another man in a genuine marriage, then he divorces her or dies (baynoonah kubra), such as when the number of talaaqs has been used up, or she is completely divorced but may go back to him with a new marriage contract (baynoonah sughra), such as when she has asked him for khula‘ in return for compensation, or the marriage has been annulled because of some defect. In this case it is permissible for her to go out, even if it is without permission, because she is no longer a wife.


It was narrated from Ibn ‘Umar (may Allah be pleased with him) that he used to say: If a woman has been divorced, then she may come to the mosque and it is her right to do so, but she should not stay overnight anywhere except in her house, until her ‘iddah has ended.


Al-Mudawwanah, 2/42


It says in Mughni al-Muhtaaj, 5/174: The woman in ‘iddah who is completely divorced by means of khula‘ or three talaaqs is not entitled to of maintenance or clothing at all, because she is no longer a wife. Her case is similar to that of the one whose husband has died. End quote.


In Haashiyat al-Bayjurmi, 4/90 it says: With regard to the one who is entitled to maintenance, such as one who is divorced but still in her ‘iddah, or one who is completely divorced but pregnant, they should not go out for that except with the permission of the husband, like any other wife, because he is still obliged to provide them with maintenance. However, the one who is pregnant may go out for purposes other than seeking maintenance, as mentioned by as-Subki and others. End quote.


To sum up:


If a woman is in ‘iddah following a revocable divorce, it is not permissible for her to go out except with her husband’s permission. But if she is in ‘iddah following an irrevocable divorce, then she may go out if she needs to, even if that is without permission, because she is no longer a wife.


And Allah knows best.

Islam Q&A


Tuesday, October 21, 2014

When a Person dies, does he directly go to Paradise or Hell, or Does he Remain in his Grave until the Day of Judgement

Questioner:

When a person dies, do they go to paradise or the hell-fire (immediately) after their death, or do they remain in the grave until the Day of Judgement? We ask you for clarification of this matter with some additional facts relating to it – thank you.


Shaykh Muhammed ibn Sâlih al-Uthaymîn:


As for the body of the dead, then it will remain on earth, in the place that it was buried in, until the Day of Judgement. Allaah said:


“And the Trumpet will be blown (i.e. the second blowing) and behold! From the graves they will come out quickly to their Lord.” [Surah Yasin 36:51]


And He said:


“And behind them is Barzakh (a barrier) until the Day when they will be resurrected.” [Surah al-Mu’minoon 23:100]


Therefore the body (of the deceased person) will remain on earth. As for their soul, then it is either in Paradise or Hell. Allaah said:


“Those whose lives the angels take while they are in a pious state (i.e. pure from all evil, and worshipping none but Allah Alone) saying (to them): Salamun Alaikum (peace be on you) enter you Paradise, because of (the good) which you used to do (in the world).”


[Surah An-Nahl 16:32]


So Allah has made clear that this statement (of the Angels) will be at the time of death, meaning that they will enter into paradise on the day of their death, and this only for the soul, not for the body.


It has also been reported from the Prophet (sallallaahu ‘alayhe wa sallam)


that he said:


“If the dead person in the grave is a believer, then a door to Paradise will be opened for them, and its comfort and bliss will come to them. As for the non-Muslim, then their soul is (likewise) taken to the punishment.


Allah said about the people of Fir’aun:


“The Fire; they are exposed to it, morning and afternoon, and on the Day when the Hour will be established (it will be said to the angels):


“Cause Fir’aun’s (Pharaoh) people to enter the severest torment!” [Surah Ghafir 40:46]


And He said:


“Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): „In what (condition) were you?‟ They reply: „We were weak and


oppressed on earth.‟ They (angels) say: „Was not the earth of Allah spacious enough for you to emigrate therein?‟ Such men will find their abode in Hell – What an evil destination!‟” [Surah an-Nisa 4:97]


And He also said.


“And if you could see when the angels take away the souls of those who disbelieve (at death), they smite their faces and their backs, (saying): „Taste the punishment of the blazing Fire.‟”


[Surah an-Afnal 8:50]


So this is evidence that the deceased person who is a believer will meet their reward in Paradise on the day of their death, and the non-Muslim will meet their punishment on the day of their death. This is in regards to the soul. As for the body, then indeed it will remain on earth until the Day of Judgement, and the soul will become reunited with it, either (being) punished or blessed, as the narrations indicate.


Should one who joins the prayer late recite the opening du‘aa’?

The opening du‘aa’ (du‘aa’ al-istiftaah) should come at the beginning of the prayer. If I join the congregation at the beginning of the second rak‘ah, for example, should I recite it or have I missed the time for it? In other words, should the opening du‘aa’ be recited only in the first rak‘ah, and after that should it not be recited? Or is it that whenever the worshipper starts his prayer, he should say it even if he did not say it in the first rak‘ah?



Praise be to Allah.




The opening du‘aa’ is Sunnah according to the majority of scholars, and whenever the worshipper catches up with his imam in the first or second rak‘ah, he should recite the opening du‘aa’, so long as he is not worried that the imam will bow (too soon). But if he is worried that the imam will bow, then he should recite al-Faatihah only, because reciting it is obligatory.


An-Nawawi (may Allah have mercy on him) said: If one who joins the prayer late starts to pray, then the imam says Ameen immediately after he has started to pray, then he should say Ameen and then recite the opening du‘aa’, because the saying ameen is brief. If the one who joins the prayer late catches up with the imam in the final tashahhud, he should say takbeer and sit down, then if the imam says the salaam as soon as he has sat down, then he should stand up (to make up what he has missed of the prayer) and not say the opening du‘aa’, because he has missed the place for it.


End quote from al-Majmoo‘, 3/275


He also said: If he catches up with him when he is still standing, and he knows that he will be able to recite the opening du‘aa’ and seek refuge with Allah and recite al-Faatihah, then he must do so. This was stated by ash-Shaafa‘i in al-Umm, and also by our companions. … If he knows that he will only be able to recite part of the opening du‘aa’ and seek refuge with Allah and recite al-Faatihah, and he will not be able to do all of it, he should do what he is able to do. This was stated in al-Umm.


End quote from al-Majmoo‘, 3/276


Shaykh ‘Abd al-‘Azeez (may Allah have mercy on him) said:


If the latecomer joins the prayer when the imam is reaching the end of his recitation, before bowing, should he start his prayer with the opening du‘aa’, or should he join the imam and remain silent?


He replied:


If the latecomer arrives when the imam is bowing, he should bow with him, and not recite the opening du‘aa’ or recite any Qur’an; rather he should say takbeer and bow. But if he comes when the imam is still standing and there is plenty of time, then he should recite the opening du‘aa’ and al-Faatihah. This is what is prescribed for him: to recite the opening du‘aa’ and then al-Faatihah, even in the prayers in which the imam recites out loud. If there is a pause where the imam falls silent, he should recite it at that time; otherwise he should recite it to himself, then after that he should listen attentively to the imam. But if he comes late, when the imam is bowing, then he should say takbeer and bow, and the requirement to recite al-Faatihah is waived in this case, because he is excused.


End quote from Majmoo‘ al-Fataawa, 30/150


And Allah knows best.

Islam Q&A


She is eighty years old and makes mistakes in reciting Qur’an, and she forgets; what is the ruling on her prayer?

My aunt she is almost 80 years of age and as she recites surahs,she leaves out a couple of verses. I have tried to rectify her errors but it hasnt helped as she continues making the same mistakes. I wanted to know if it's a sin upon her to recite surahs in her prayer making these mistakes.



Praise be to Allah.




Firstly:


Reciting al-Faatihah is one of the pillars or essential parts of the prayer, which the worshipper must recite correctly. The one who is excused for not doing that properly, because of a speech defect, forgetfulness and so on, must recite it to the best of his ability, and whatever he is unable to do is waived in his case, because Allah, may He be exalted, says (interpretation of the meaning):


“On no soul does Allah place a burden greater than it can bear”


[al-Baqarah 2:286].


The prayer is not rendered invalid unless the worshipper omits something from al-Faatihah or changes the pronunciation in a manner that alters the meaning. This applies if a person is able to recite it properly. In the case of one who is not able to do that, he should recite it as best as he can.


If a Muslim is not able to offer the prayer in the perfect manner, then he must do whatever he is able to do, and whatever he is unable to do is waived in his case.


Al-Bukhaari (7822) and Muslim (1337) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If I command you to do something, then do as much of it as you can.


An-Nawawi (may Allah have mercy on him) said:


This is one of the most important basic principles of Islam, and is an example of the power of concise speech that was given to the Prophet (blessings and peace of Allah be upon him). It is applicable to innumerable rulings, such as prayer of all types. If a person is unable to do some of the pillars or essential parts of the prayer, or is unable to meet some of its conditions, then he must do the rest; if he is unable to wash some of the parts of the body that must be washed in wudoo’ or ghusl, then he must wash whatever he can. If he has something that will cover part of his ‘awrah, or he has memorised only part of al-Faatihah, then he must do whatever he is able to do. … This hadeeth is in accordance with the words of Allah, may He be exalted (interpretation of the meaning):


“So keep your duty to Allah and fear Him as much as you can”


[al-Taghaabun 64:16].


End quote.




What you must do is focus on teaching your aunt to recite al-Faatihah correctly, if she is not reciting it properly and is able to learn it.


Secondly:


With regard to soorahs other than al-Faatihah, the matter is easier, especially when one is not able to do it, because reciting something other than al-Faatihah in the prayer is not one of the obligatory parts of the prayer. The scholars of the Standing Committee said:


If the imam forgets a verse of al-Faatihah and doesn’t realise it until a long time has passed, then he must repeat the prayer if it was an obligatory prayer, because recitation of al-Faatihah is one of the pillars or essential parts of the prayer. But if he remembers that before a long time has passed, then he should do an extra rak‘ah to replace the rak‘ah in which he omitted a verse of al-Faatihah, then do the prostration of forgetfulness (sujood as-sahw).


But if the verse that was forgotten was from a soorah other than al-Faatihah, then his prayer is valid and neither he nor those who prayed behind him have to do anything, because recitation of more than al-Faatihah is mustahabb (encouraged) but is not obligatory.


End quote from Fataawa al-Lajnah ad-Daa’imah, 5/332


Shaykh Ibn Baaz (may Allah have mercy on him) said:


With regard to recitation other than al-Faatihah, if the worshipper omits anything because he forgot, that does not matter.


End quote from Fataawa Noor ‘ala ad-Darb, 9/421


Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked:


My mother has high blood pressure, as a result of which she is half-paralysed and cannot move the muscles on the right side of her body. Her memory has also become weak, and she has forgotten some verses of the Qur’an, including al-Faatihah, as well as some of the adhkaar that are recited in the prayer. Her speech is also affected, in that she cannot speak except with great effort. My question is: What is the ruling on my mother’s prayer if she forgets some verses or al-Faatihah or some of the obligatory adhkaar of the prayer, after she does her best?


He replied:


If she cannot do more than that, then she is excused, because Allah, may He be exalted, says (interpretation of the meaning):


“So keep your duty to Allah and fear Him as much as you can”


[al-Taghaabun 64:16].


“On no soul does Allah place a burden greater than it can bear”


[al-Baqarah 2:286].


But she should strive her utmost to recite al-Faatihah and the obligatory adhkaar to the best of her ability, even if that means that someone should be with her who can prompt her. With regard to things that are mustahabb, such as reciting more than al-Faatihah or more than Subhaana Rabbiy al-A‘la (Glory be to my Lord Most High) when prostrating and Subhaana Rabbiy al-‘Azeem (Glory be to my Lord the Almighty) when bowing, and so on, there is nothing wrong with omitting that.


End quote from Fataawa Noor ‘ala ad-Darb, 8/2.


And Allah knows best.

Islam Q&A


Some of the signs of puberty appeared in her daughters at the age of six; what should she do?

I have been blessed with 2 healthy daughters. When my older daughter was 5 she started getting hair under her arm by the age she was 6 they were full pubic hair and by the age she was 7 she began getting breast buds, she is now 8. My younger daughter had vaginal hair from age 3 now she is 6 also has hair under arms. My question is does this mean that my children have reached puberty and now will be judged for their actions. They are still very small and dont understand understand anything. this has me very upset.



Praise be to Allah.




Puberty is recognised by signs that have been defined by the scholars, one of which is the growth of hair in certain places on the body.


The hair which signals puberty is the pubic hair that grows around the penis in males and the vulva in females. With regard to armpit hair, the beard and moustache, the growth of any of these does not signal puberty. Moreover, it is not just any hair growing in the pubic region that signals puberty; rather what counts in this case is that the hair should be coarse and need to be shaved with a razor and the like. In the case of fine hair that does not need to be shaved, this does not signal puberty.




If any of the signs of puberty have appeared in your daughters, as mentioned above, then this means that whoever has these signs appear in her body has reached the age of accountability and responsibility.


There is no negative impact for you or your daughters, in sha Allah; rather this is something that Allah has decreed for them, and we have to cope with it by adhering to the limits set by Allah, not transgressing them, and by respecting them. What you have to do is raise your daughters in that manner, and pay attention to them, advise them, teach them and ask Allah to protect them from error and not to burden them with more than they can bear. You will be rewarded for all of that, in sha Allah.


However it is very possible that there is some kind of imbalance in their hormones or glands that has led to this, because the appearance of these signs at an early age gives rise to concern. Hence we advise you to take your daughters to a specialist doctor, because perhaps they need medical attention.


May Allah help you and protect your daughters, and cause them to grow up well and strong, and may He help you to give them a good Islamic upbringing.


And Allah knows best.

Islam Q&A


Why did Allah, may He be glorified and exalted, test Ayyoob (peace be upon him)?

Why did Allah, may He be glorified and exalted, test Ayyoob (peace be upon him)? I heard that one of the vulnerable people asked him for protection and he did not give it to him, so Allah, may He be glorified and exalted, punished him for that. Is this story true?



Praise be to Allah.




Firstly:


The apparent meaning of the Holy Qur’an indicates that Allah’s trial of His Prophet Ayyoob (peace be upon him) was not by way of punishment for a sin or act of disobedience; rather it was for reasons known to Him, may He be glorified and exalted. Perhaps one of those reasons is that it was in order to raise him to high status by virtue of his patience, so that he might attain thereby a lofty status on the Day of Judgement.


Allah, may He be glorified and exalted, praises him for his patience, as He says (interpretation of the meaning): “Truly! We found him patient. How excellent (a) slave! Verily, he was ever oft-returning in repentance (to Us)” [Saad 38:44]. This is the context of praise and commendation, and raising in status, which is different from the context of rebuke that is mentioned in the story of Yoonus (peace be upon him), where Allah, may He be exalted, says (interpretation of the meaning):


“Then a (big) fish swallowed him and he had done an act worthy of blame.


Had he not been of them who glorify Allah,


He would have indeed remained inside its belly (the fish) till the Day of Resurrection.


But We cast him forth on the naked shore while he was sick”


[as-Saaffaat 37:142-145].


Secondly:


In the Prophet’s Sunnah there is a report which indicates that Ayyoob (peace be upon him) was innocent of any sin that could have been a cause for the sickness that befell him.


It was narrated from Anas ibn Maalik (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said:


“Verily Ayyoob, the Prophet of Allah, suffered his trials for eighteen years, when he was shunned by relatives and strangers alike, except for two of his brothers who were among the closest of his brothers. They used to come to him in the morning and in the evening. One of them said to his companion: Do you know, by Allah, that Ayyoob must have committed a sin that no one else ever committed? His companion said: Why is that? He said: For eighteen years, Allah has not shown mercy to him or granted him relief.


When they went to him in the evening, the man could not keep from telling him about that. Ayyoob said: I do not know what he is talking about, but Allah knows that I passed by two men who were arguing, and they mentioned Allah, I would go back to my house and offer expiation on their behalf, because I did not want Allah to be mentioned except in a proper manner…


Narrated by Abu Ya‘la in al-Musnad, 6/299; Ibn Hibbaan in his Saheeh, 7/159; al-Haakim in al-Mustadrak, 2/635


This hadeeth was classed as saheeh by Ibn Hibbaan. Al-Haakim said: (It is saheeh) according to the conditions of al-Bukhaari and Muslim, although they did not narrate it. This was also stated by adh-Dhahabi in at-Talkhees. In Fath al-Baari, 6/421, Ibn Hajar described it as being the soundest report on this topic. It was classed as saheeh by al-Albaani in as-Silsilah as-Saheehah, no 17. Some of the scholars thought it was flawed. See: Ahaadeeth Mu‘allah Zaahiruha as-Sihhah, p. 54. See also: al-Bidaayah wa’n-Nihaayah, 1/254-259


Thirdly:


The scholars stated that the wisdom behind the trials of the Prophets is to raise them in status and enhance their image and reputation.


Shaykh Ibn Baaz (may Allah have mercy on him) said:


Allah, may He be glorified and exalted, tests His slaves with good times and bad, hardship and ease. He may test them thereby to raise them in status and enhance their image and reputation, and multiply the reward for their good deeds, as He did with the Prophets and Messengers (blessings and peace of Allah be upon them) and the righteous among His slaves. The Prophet (blessings and peace of Allah be upon him) said: “The most sorely tested of people are the Prophets, then the next best and the next best.” Narrated by at-Tirmidhi, 2398. So if any of the righteous slaves of Allah is tested with sickness and the like, this is akin to the tests of the Prophets and Messengers, and serves to raise one in status and increase the reward, so let him be an example to others of patience and seeking reward with Allah.


End quote from Majmoo‘ Fataawa Ibn Baaz, 4/370-371


On our website we have previously discussed in detail the various reasons behind the trials of the Prophets, and we have quoted the explanation of this issue given by al-‘Allaamah Ibn al-Qayyim. Please see fatwa no. 72265


And Allah knows best.

Islam Q&A


Refuting Those Who Say the Shia are Our Brothers

Question: Some of the Du’at (Callers to Islam) and students of knowledge definitively say that the Shia and the Raafidhah are our brothers. Is it permissible for us to say this and what is required [of us] in this regard?

Answer by Shaykh Saalih al-Fawzaan: We absolve and clear ourselves to Allah of them and this speech. They are not our brothers. [Swearing by Allah] They are not our brothers. Rather they are the brothers of Shaytan because they blaspheme and slander the Mother of the Believers Aa’isha (May Allah be pleased with her), the wife of the Prophet (peace and blessings be upon him).


Allah chose her for His Prophet (Peace and blessings be upon him). As-Siddiqah Bint As-Siddiq. The truthful, daughter of the truthful (her father, Abu Bakr as-Siddiq). They also declare Abu Bakr and Umar to be disbelievers and curse them both. They declare the Sahaba in their entirety to be disbelievers except Ahlul Bayt, [one of whom is] Ali Ibn Abi Talib (May Allah be pleased with him).


Nevertheless, they are enemies of Ali Ibn Abi Talib. He is innocent of and free from them. Ali is our Imam and not theirs. He is an Imam of Ahlus-Sunnah and not of the malevolent and wicked Raafidhah. So we free ourselves to Allah from them and they are not our brothers.


Whoever says that they are his brothers, he must seek forgiveness from Allah and resolve to change. Allah has made mandatory upon us al-Bara’ah (absolving and distancing oneself) from the people of misguidance and drawing near to the people of Emaan.


Saturday, October 18, 2014

Help of Allaah comes with Dua’

From Musab bin Saad from his father, he thought that he had an excellence above other than himself from the Companions of the Prophet -sallAllahu alayhi wa sallam- so the Prophet -sallAllahu alayhi wa sallam- said:

إنما ينصر الله هذه الأمة بضعيفها: بدعوتهم وصلاتهم وإخلاصهم


‘Indeed Allaah will only aid this Ummah through its weak, by their supplication, their prayer and their sincerity.’


Collected by Nisa’ee, Albaani said: ‘This isnad is authentic upon the conditions of Bukhari & Muslim. Bukhari collected it from another chain from Musab from his father without the aforementioned details.’


Shaykh Albaani commented on this hadeeth saying:


‘Know that the explanation of the word ‘aid/victory’ which is mentioned in the hadeeth has been stated, and that it is not aid or victory by the righteous ones physically themselves, but rather it is by their Dua’ and their sincerity.’


Then the Shaykh mentions the hadeeth.

[From Silsilah Ahadeeth Saheehah vol. 2 p. 409 in the research of hadeeth no. 779]


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Identifying the Misguided Student of Knowledge

And from his character in seeking knowledge is that he seeks it whilst being in the state of neglect and forgetfulness. He only seeks the knowledge which his desire calls him towards.

And if it’s said, ‘How is that possible?’


The reply is, his aim in seeking knowledge is not due to him thinking it is fardh upon him or in order for him to worship Allah by fulfilling His obligations and staying away from the things He has declared unlawful, No! Rather his aim is to become known to the people as a taalib-ul-’ilm (student of knowledge) and so that the students flock around him.


He studies only for Riyaa (showing off) and debates with others in order to be known for his knowledge and eloquence in discussion. If the person he is debating with has the truth with him, it causes him grief. Even if he knows he is wrong he carries on debating and never declares he is mistaken due to fear of people criticising his mistakes.


He is lenient with giving fatwaa to those he loves and is severe and stern against those who can not benefit him at all. Whoever he teaches knowledge to he expects benefits back from. And if his students can not benefit him in this world but only benefit him in the aakhirah, teaching them becomes a burden upon him (and he sees it as a waste of time).


He anticipates the reward for knowledge he never practiced, and is not afraid of the consequences for knowledge he never acted upon. He speaks words of wisdom so it might seem he is from its people, whilst not fearing the evidence being established against him, because he does not practice what he preaches. The more he learns and seeks knowledge the more he shows off and boasts.


If the scholars of his time are many in number and they are mentioned as people of knowledge he wishes to be mentioned with them. If they, the scholars, are asked about a question and he is not asked he wishes he be asked as well, when it was upon him to praise Allah who just saved him from being asked when others had fulfilled the need.


If it reaches him that any of the scholars made a mistake whilst he got the right verdict, he becomes happy for the mistakes of others, when in reality he should be sad for the mistakes of his brothers. If any of the scholars pass away it makes him happy since now people will be in need of him and his knowledge more.


And if he is asked about a matter that he has no knowledge of, it becomes difficult for him to say ‘I do not know’. If he hears about someone else that is benefiting the people more than he is, he hates him and does not tell the people about him. His pride stops him from admitting his own mistakes, even when corrected by others he will keep on defending his mistake, despite knowing it is a blatant mistake, just so that he might not be looked down upon by the people.


His fitnah (trial) is love for this dunya and being praised by mankind along with status and nobility. He beautifies himself with knowledge as people in this dunya beautify themselves with jewelery but he forgets to beautify his knowledge with actions.


[Taken from ‘Akhlaaq al-‘Ulamaa by al-Aajoriyy]


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Allah does not change a people’s condition unless they change what is in themselves – Shaykh Ibn Baaz

Question: What is the Tafsir (explanation/exegesis of the meanings of the Qur’an) of Allah’s Saying in Surah (Qur’anic chapter) Ar-Ra`d, Verily, Allah will not change the (good) condition of a people as long as they do not change their state (of goodness) themselves (by committing sins and by being ungrateful and disobedient to Allah). But when Allah wills a people’s punishment, there can be no turning back of it, and they will find besides Him no protector?

Answer:


This holy Ayah (Qur’anic verse) indicates that Allah (Glorified and Exalted be He) does not change - out of His Justice and Wisdom – the good state of a people into a bad one or vice versa, unless they change what is in themselves.


If they change their state of uprightness and integrity, Allah will change their state and overtake them with punishment, distresses, miseries, sterility, and other kinds of penalties, an exact recompense according to their evil crimes.


Allah (Glorified be He) says: And your Lord is not at all unjust to (His) slaves.


He (Glorified be He) may give them respite and gradually seize them with punishment in order that they might turn (to Allah’s Obedience); otherwise, He overtakes them.


Allah (Glorified be He) says:


So, when they forgot (the warning) with which they had been reminded, We opened for them the gates of every (pleasant) thing, until in the midst of their enjoyment in that which they were given, all of a sudden, We took them (in punishment), and lo! They were plunged into destruction with deep regrets and sorrows.


They become in despair of any good – may Allah save us from His Punishment and Resentment – and they may be put off until the Day of Resurrection where their punishment will be worse.


Allah (Glorified be He) says:


Consider not that Allah is unaware of that which the Zalimun (polytheists, wrong-doers) do, but He gives them respite up to a Day when the eyes will stare in horror.


The meaning is that they are postponed and given respite until after death, when the punishment will be more grave and much worse.


On the other hand, they may be in distress committing evils and sins, then repent to Allah regretfully and obey Him, so Allah changes their distress, dissension, adversity and poverty into prosperity, union, and welfare due to their good deeds and repentance to Allah (Glorified and Exalted be He).


In another context, Allah says:


That is so because Allah will never change a grace which He has bestowed on a people until they change what is in their own selves.


This Ayah clarifies that when they are in prosperity and grace and then change and commit sins, Allah will change their state. There is neither might nor power except with Allah! They may be given respite as mentioned before.


Likewise, if they commit sins or disbelieve or go astray, then repent and adhere to obeying Allah, Allah will change their bad state into a good one. Allah will turn their dissension, adversity and sterility into unity, prosperity, fertility, and all kinds of goodness.


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He does not offer the prayers on time because of his work; should she accept him as a husband?

If someone who is trying to establish the 5 daily prayer but is struggling for example when they are at work and they get very busy they miss it but them make it up. but most of the time they pray at work. but they really want to change are they considered to be a kaffir and you should not marry them ect. I take the opinion that someone who abandons prayer is a kaffir but what are the opinions and evidence about the one who is trying to change and establish prayer. I have a proposal from a brother like this who my family know quite well. He is a good character but struggling regarding this but wants to marry someone who can help him be a better muslim and encourage and help him in his deen.



Praise be to Allah


Firstly:


The one who does not pray at all is a kaafir according to the correct scholarly opinion. See question no. 5208.


As for the one who prays sometimes and not at other times, some of the scholars are of the view that he is also a kaafir. This view was narrated from a number of the Sahaabah, and fatwas to this effect have been issued by the Standing Committee for Issuing Fatwas, foremost among whom was Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him).


Others are of the view that he is not to be regarded as a kaafir unless he does not pray at all; these scholars include Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) and Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him).


See question no. 52923 and 83165


Work is not an excuse for delaying prayer until the time for it has ended, because prayer only takes a few minutes.


If the one who wants to propose to you delays some of the prayers, we do not advise you to marry him, because he is a kaafir according to some of the scholars, and he is an evildoer who is committing a grave major sin according to others.


Allah, may He be exalted, says (interpretation of the meaning):


“Then, there has succeeded them a posterity who have given up As-Salat (the prayers) (i.e. made their Salat (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times, etc.) and have followed lusts. So they will be thrown in Hell”


[Maryam 19:50].


Ibn Mas‘ood (may Allah be pleased with him) said concerning al-ghayy (translated above as “Hell”): It is a valley in Hell, very deep and with a foul taste.


If he announces that he has repented and has resolved to offer the prayers on time, and you think that he is righteous in other aspects, then there is nothing wrong with marrying him.


And Allah knows best.

Islam Q&A


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Should he stay in the disbelievers’ land in order to take care of his son from his apostate ex-wife, or should he go back to his Muslim country?

Previously I was married to a French woman who had become Muslim, and she gave me a son approximately 3 years ago, but one year ago this woman apostatised from Islam, and I repented to Allah and became religiously committed, and I started to look for a righteous wife who wears the niqab in Morocco, not France (with the intention of leaving the land of the disbelievers), where I currently live and my son lives with his mother. Then I found a girl in Morocco and I proposed to her (with the approval of my parents) on the basis that we would live in Morocco, and this girl agreed, but recently my mother pointed out to me that I should not leave my son on his own in France to be brought up by his mushrik mother and her Christian family, and that I should stay near him in France, to bring him up in an Islamic manner, and she does not agree with me going to Morocco.

My question is: what should I do? Should I be patient and stay near my son here in France, even though I no longer want to stay in the disbelievers’ land? If I do that, what about getting married? (Niqab is banned here and I cannot marry a woman who does not wear niqab). What about the girl I proposed to in Morocco? Can I suggest that she should come to France? What about her niqab? Or should I move to the Muslim land and make frequent visits to France in order to check on my son and how he is being brought up? (For example, I could open an import-export business which will allow me to visit France often) Or is there another solution by means of which I may please Allah?



Praise be to Allah


Firstly:


It is not permissible for you to leave your son to be easy prey for the disbelievers. You have to do your utmost to take him away from his mother and her country, so that he can live with you in your country. This is your right according to sharee‘ah, and he should follow you in your religion and be in your custody; that apostate woman has no right to him. If you can give them money to let the boy be with you, then do so; if you can refer the matter to their courts so that he can be in your custody, then do so. In all of these matters, you should consult Islamic centres whose staff you trust in that country, and consult trustworthy lawyers. If you can find a suitable way to take him and bring him to your country, then do so.


If your attempts to keep your son with you now do not succeed, but the law will allow you to have custody of him within a short period of time, then there is nothing wrong with staying there for the duration, so that you can be near him and in constant contact with him, until you are able to have custody of him. At the very least, you can frequently visit that country in order to see him and take care of him as much as you can, within time constraints. Perhaps your frequent visits will be a cause of his mother coming back to Islam and being saved from eternity in the Fire, and it may be a cause of your son bonding with you and loving Islam. At the same time you should do whatever you can to make sure that he is in a clean environment, whether in the place where he is living or in school. We know how difficult that is, but whoever fears Allah, may He be exalted, is sincere in his intention and does his utmost, there is the hope that the difficulties will be reduced for him and his good wishes will be fulfilled.


Secondly:


If your staying in France will increase the likelihood of your son being with you and keeping his religion, and that his apostate mother will not make him into a Christian or turn him away from your religion, then stay close to him until you are able to take custody of him, as mentioned above. If you think that there is no benefit in your staying there, and that you will never be able to take custody of him within a short period of time, then what we think is that you should move to your country Morocco, and start a new life there, but that is on condition that you can frequently visit the place where your son lives, as we mentioned above. Do not cut off your ties with him and keep in touch with him as much as you can.


And Allah knows best.

Islam Q&A


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