IslamQA

Inheritance and more

Answered according to Hanafi Fiqh by DarulUloomTT.net

Assalamu Alaikum,

I had emailed you some time ago and i havent gotten a response from you . I am emailing again , in hope that my questions will be answered .

My Questions are as following:

1.If i have an estate but has no one to inherit, i.e mother, father, brother sister, niece/nephew, children, husband/wife, is it islamically legal to will it to some deserving muslim? I mentioned immediate family , but if i have cousins and cousins’ children , will it go to them? (I know we have specific guideline regarding inheritance, so there is nothing like a will, that is to say, it must be divided according to the shareeah, however i would like to know distance relative is included in inheriting your estate).

2). I would like to know if your salaah is invalid if “bismillah……” is not recited before every fatiha and before every suras.

3). If Sadja sahu is made after tasleem or after” atta hiatu lilla…”

4). I am currently doing an islamic study course and we are told that our prophet ( peace and blessings be upon him) never use to rasie his hands all the time in dua and as such we should not raise our hands in dua always

5). Is it allowable for a non muslim woman to see a muslim woman without her hijah.

I would really appreciate it if your answers are backed with sahih hadeeth and Quotes from the Quran.My questions have come about because lately I am hearly a lot of new things and I need clarifications.

Jazaak Allah Khaire

Answer:

Wa Alaikum As Salaam,

1) In this case, your estate will be distributed among the poor relatives that are alive.

This distribution is not by way of inheritance, hence, they cannot claim the estate although they enjoy a prior right (before other poor Muslims).

You should therefore make a will, identifying how much you wish to give to each of these poor relatives.(Kitabul Meerath)

2) If Bismillah is not recited before every Faatiha or before every Sura, your Salaah will not be invalid. It will be valid and accepted. Scholars have stated that ‘Bismillaahir Rahmaanir Raheem’ is not a part of every Sura (except Sura An Naml) and hence, not reciting it, will not be considered as if one has left out a verse of the Quran. It is evident in some traditions that the Prophet (SAS) at times, recited it aloud, and at times did not recite it aloud. On account of his action, the jurists have stated that the act of reciting the Tasmiya (Bismillahi Rahmanir Raheem) before Sura Faatiha and before a Sura is a Sunnah and without it, the Salaah will still be valid. (Fathul Qadeer col. 1 pg. 253; Al Fiqhul Islami wa Adilatihi vol.2 pg. 831).

3) If Sajda Sahw is made after tasleem or after At Tahiyatu lillah, then it will be valid.

4) There are occasions on which the Prophet (SAS) raised his hands for dua, and there are occasions on which he did not raise his hands. For example, while going to the washroom and exiting, he made dua but did not raise his hands. Similarly, while entering and exiting the masjid, before and after eating, before and after sleeping. In all these cases, he did not raise his hands for dua. There are other situations in which he raised his hands for dua, especially when he made a request to Allah or he petitioned Allah for something. In fact, the Prophet (SAS) mentioned the etiquettes of dua and highlighted that one should raise his hands (while making dua).

Hence, on those occasions when the Prophet (SAS) did not raise his hands while making dua, one can do the same, (especially while reciting the masnoon duas, as mentioned before), and at other occasions when one is beseeching Allah, and making a request, he should raise his hands with humility to Allah and do it in the way instructed by the Prophet (SAS) by raising his hands.

In this regard, the Messenger of Allah (S.A.S.) said, ‘Indeed, Allah is shy and beneficent. He is shy when his servant raises his hands to him (in dua) to return them empty, disappointed’. (Ahmad, Abu Dawood, Tirmizi, who stated that it is saheeh. Ibn Hibban in his Saheeh, Hakim, who says that it is saheeh upon the conditions of Bukhari and Muslim).

In addition, it is authentically narrated in many traditions that the Prophet (S.A.S.) used to make dua with the inside of his palms facing his face and he also instructed his companions to do so.

It is narrated from Abu Bakr (R.A.) that the Prophet (S.A.S.) said, ‘Ask Allah with the inside of your hand palms and do not ask him (i.e. supplicate) with the outside of the hand palms. (Recorded by Tabrani in Al Kabeer, who said it is saheeh (sound)’.

Another tradition states that Malik bin Yasar (R.A.) narrates that the Prophet (S.A.S.) said, ‘When you ask from Allah, ask him with the inside of your hand palms and do not ask him with the outside of the hand palms’. (Abu Dawood, Ibn Majah, Tabrani).

5) The law regarding what you have asked is clearly mentioned in Sura An Nur verse 31 which stated ‘and they (the Muslim women) must not expose their adornment except to their women’.

While commenting on this verse, some scholars have stated that ‘women’ as mentioned in the above verse refers to Muslim women only or those female slaves that are owned by a Muslim woman. This is the opinion of many of the pious predecessors.

According to this explanation, (given by these scholars), the verse means that a Muslim woman would not be required to observe hijab in front of another Muslim woman, however, she would have to observe it in front of all non Muslim women.

Concerning this, the great commentator and scholar, Mujahid (A.R) said ‘Their women as highlighted in the verse refers to only Muslim women. And does not include non believing Mushrik women. (Safwatut Tafaseer Vol. 18 Pg. 17).

In a similar manner, the great companion Abdullah bin Abbas (R.A) has stated, ‘Women (in the verse) means Muslim Women. A Muslim woman must not expose her beauty in front of Jewish or Christian women’. (Safwatut Tafaseer Vol. 18 Pg.17).

Other scholars however, have stated that a Muslim woman is not required to observe hijab in front of non Muslim women. These scholars have cited sound and authentic traditions which show that non Muslim women used to visit the wives of the Holy Prophet (S.A.S).

While commenting on this verse, the great exegete and commentator Imam Razi writes, ‘It is stated that the word ‘women’ refers to all women (Muslim as well as non Muslim) for they are all equal in looking at each other (as females). The practice of pious predecessors in making a Muslim woman observe hijab in front of a non Muslim woman was based on Istihbaab (that which is desirable and commendable and was not compulsory). (Safwatut Tafaseer Vol. 18 Pg. 17).

Another great commentator and exegete of the Holy Quran, Allama Alusi has also adopted this explanation in his book, Tafseer Ruhul Ma’ani, and has mentioned, ‘this statement is more suited for the people today (at this time) for it has become almost impossible for Muslim women to observe hijab in front of non Muslim women’ (Tafseer Ruhul Ma’ani).

And Allah knows best,

Mufti Waseem Khan

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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