Question:
Assalamualaikum war Rahmatullahi wa Barakatuhu
Dear Mufti Sahib
QUESTIONS FROM READERS OF AL-HAQQ
1. If a woman dies while she is pregnant or she had a nine month old pregnancy, is it necessary to remove out the baby?
2. Does a woman have the liberty to divorce her husband if she no longer comfortable with marriage?
3. What are the valid reasons for the termination of marriage?
4.Islamically, in case of a widow, how long has the mother the right over her children if she does not marry again (a) If she does not ever marry again can she keep her children for the rest of her life?
(b) In this case where the mother decides to marry again, does the father’s family have any right over the kids?
5. What are the things you’re supposed to do when you go to see the
sick?
6. Is it permissible for a Muslim to keep dogs?
7. What are the right places for the officiating of Nikah?
8. Some women during their mourning period (Iddah) go out for shopping and work, is this permissible? What is the Shari’ah ruling over this?
9. In a road traffic accident, my car overturned and my father who was riding me was killed and one brother advised me that I must fast for two consecutive months. Is this correct?
10. A Muslim does not pray as well as observing any Islamic rituals. Is it right to conduct Janaazah for him?
11. Is it right to give a forbidden thing to a non-Muslim instead of discarding it away?
12. If a man commits adultery with a married woman, in that situation has he wronged the owner of the woman or the Creator?
13. Sometimes men migrate for work leaving their wives for along time. If one finds that your wife has been impregnated through another man, and when you come back, will the marriage continue or not?
14.Recently, Muslims have been celebrating over the birth of the Prophet. Yet I read that, the Prophet was born and died the same day and then we are told that we should not follow the Jews and Christians deeds.
What does Shari’ah say over this scenario? Is it proper for Muslims to gather and celebrate on that day?
15. If a Muslim misses fasting in the month of Ramadhaan because of sickness and three months later you intend to pay back the days, will the fasting be accepted?
16. I am a Muslim and I have employed a number of people. The law of the government says when an employee finishes his year pay him 2 weeks benefit plus 3 weeks holiday if not given. I as a Muslim I do not give that. What the Shari’ah says about the yearly benefits plus holiday?
17. In our village upon coming from initiation camp for circumcision we are asked to recite Kalimah Shahaadah so as to become complete Muslims. Is this correct, since we are already Muslim by the time we go to initiation camp for circumcision?
18.The Prophet’s father was called Abdullah but he was born and died before the dawn of Islam. How come his name was Abdullah, yet we know in the pre- Islamic era people used to worship idols?
19.I want to marry but the woman I want to marry was born as twins and the two always does things together to the extent that it is impossible for one to get married while the other remain behind. Does the Shari’ah permit me to marry both of them?
20. What made and why the four Imaams (Hanafi, Shafi’ee, Maaliki, Hambali)to differ in some aspects of Islamic jurisprudence?
Was Salaam
Answer:
1) If a pregnant lady passes away and there is certainty that the child is living, then the child should be removed, regardless of the months passed since the cause of pregnancy. The abstraction of the child is based on whether the child is alive, and not on a certain period of time.
(Ad-Durrul Mukhtaar, Vol. 3, Page 145, Fataawaa Darul Uloom, Vol. 5, Page 376)
2) Women do not possess the right of issuing Talaaq, and it would be invalid if they do so, “ or he in whose control is the marriage-bond (of maintaining and dissolving) forgo (his right).” However, a lady can issue Talaaq if the husband forgoes his right and gives his wife the option of divorcing herself. If a lady is experiencing difficulty in her marriage and feels that the only solution is Talaaq and the husband refuses to divorce her, then she may offer money to the husband in exchange for Talaaq. The husband should not ask for a hefty sum. It is inappropriate to ask for more than the Mahr (dowry).
3) The object of Nikah is that the wife and husband, while upholding the rights of each other, be a means of bringing pious and righteous children into this world and further creates an excellent Islamic environment. Now if any one of the two parties fails in fulfilling the rights of the other then this will lead to conflict between the two. The mutual love is naturally terminated and a deficiency arises in the object of Nikah. If the wife does not uphold the rights of the husband then the husband has the right of terminating this Nikah by issuing Talaaq (divorce) but if the husband does not fulfil the rights of the wife then she should approach a Muslim judge to persuade the husband to fulfil her rights or terminate the Nikah. It is the duty of the husband to allocate to the wife an appropriate Nafaqah (stipend), a home for her and he must fulfil her physical and intimate necessities. He should not harm her physically or mentally therefore if the husband does not fulfil these rights of the wife which in turn affects the wife and she finds it extremely difficult to exercise patience then she can forward her case to a Muslim judge who will then force the husband to fulfil her rights or terminate the Nikah. Based on the above in order to terminate the Nikah there are certain conditions that have to be adhered to. It is incorrect to terminate the Nikah without fulfilling these conditions. The Muslim Personal Law Board of India has compiled a book on this topic which you should study. (Mufti Muhammad Ashraf)
4) a. The mother will be entitled to the right of upbringing her children until they have reached an age whereby they can take care of themselves, in terms of dressing, purifying themselves etc. The Fuqahaa have stipulated seven years in the case of a boy and nine years if the child is a girl. Thereafter, the child’s paternal grandfather (fathers farther) will have right over the child, if the father has passed away.
b. If the mother remarries a man who is not related to the child e.g. the child’s uncle (fathers brother), then her right of upbringing will become null and void. The child’s maternal grandmother (mother’s mother) will then have the right of upbringing the child. (Ad-Durrul Mukhtaar, 262-269)
5) The following etiquettes should be observed when visiting the sick:
a) One should not visit an ill person by force, as this could cause him/her great harm.
b) The sick should not be frightened or alarmed by informing them of displeasing news.
c) One should not stress the severity of his sickness, rather he should be comforted and made to feel secure by making statements such as, “You look healthy”, “There is nothing to be worried about.” etc.
d) Remind him of Allah’s mercy.
e) The following Du’aas should be recited:
“LAA BA’sA TAHOORUN INSHA ALLAH, LAA BA’sA TAHOORUN INSHA ALLAH.”
“ALLAHUMMA ATH-HABIL BA’sA RABBAN NAAS ISHFIHI WA ANTASH SHAAFI LAA SHIFAA’A ILLA SHIFAAUK SHIFAA’AN LAA YUGHADIRU SAQMAA.”
(Raddul Muhtaar, Vol. 9, Page 557, Hisnul Haseen, Page 366-367)
6) Muslims are not allowed to keep dogs as pets. Nabi (S.A.W.) has mentioned: “The angels do not enter a house in which there are dogs or pictures.” (Bukhari, Muslim).
The Shari’ah has allowed one to keep dogs for security or hunting purposes. However, the dog should be kept out of the house and used when the need arises.
((Fataawaa Rahimiyyah, Vol. 6, Page 339)
7) The ceremony of Nikah should be conducted in a Masjid, as enjoined by Nabi (S.A.W.), “Announce the Nikah and have it enacted in a Masjid.” (Mishkaat, Page 272). Nonetheless, it is correct to conduct the Nikah in any suitable venue.
8) Iddah is the legally prescribed period of waiting during which a woman may not remarry after being widowed, neither is she allowed to leave her home for work or any other activities, unless she is obliged to do so i.e. she has absolutely no means of support due to which she is compelled to leave the house in order to earn a living. In this case she may leave the house, but should return immediately after work and not delay in anyway. Those mourning women who unnecessarily leave their homes should be reminded that they are violating the command of Allah, and are therefore sinful.
(Ad-Durrul Mukhtaar, Vol. 5, Page 224-225)
9) Death is inevitable as clearly explained in the Qur’an: “Every soul is to taste death. And We try you through unfavourable and favourable tests. And to Us alone will you all be returned.” (Surah Ambiyaa, verse 35)
Your father’s death was a decision made by Allah. The Shari’ah does not require you to fast for two consecutive months. This is an incorrect belief. However, you should increase your Ibaadat, continuously pray for your father and give Sadaqah.
10) Nabi (S.A.W.) has mentioned: “Pray (Salaatul Janazah) upon every pious and impious soul.” The Hadith, beyond doubt, instructs us to perform Salaatul Janazah upon every Muslim, even if he/she does not fully observe the teachings of Islam. (Badaai’us Sanaai’, Vol. 2, Page 47)
11) It is clearly explained in the texts of the Fuqahaa, that one is not allowed to use a Haraam product, such as meat for any purpose whatsoever. Therefore, it is not permissible to give a Kaafir a Haraam item. (Fataawaa Aalamgeeri, Vol., Page 339-344)
12) The Qur’an condemns the act of adultery in a most distinct fashion: “And do not draw anywhere close to fornication. Decidedly it is immorality and an evil way.”
(Surah Bani Isra’eel, verse 32)
Islam, a way of life which promotes moral values, has rendered adultery and fornication Haraam. Zina gives rise to a number of problems in society, particularly amongst Muslims as it draws the wrath and anger of Allah. Both, the man and woman are guilty of not only betraying their partners, but committing a major sin which demands that they be stoned to death. This, however, cannot be carried out as we do not live under Islamic law. Therefore, they should sincerely beg Allah of His mercy, by forgiving them, increase in good acts and make a firm intention never to commit such a crime in future.
13) This marriage will not be rendered null and void due to the wife’s immorality, neither is the husband required to divorce her. However, if the husband and wife are confident that they will not be capable of living together while upholding the limits set by Allah, then there is no harm in separating.
(Fataawaa Rashidiyyah, Vol. 3, Page 150)
14) To make Zikr and send Salaam upon our beloved Nabi (S.A.W.) are indeed such acts of Ibaadah which are greatly encouraged and loved by Allah, but the manner in which these functions (Maulood) are held is objectionable and some of the activities which take place are not in harmony with the dictates of Shari’ah. Functions of this kind are not proven from Qur’an and Ahadeeth, nor were it the practice of the Sahabah. As a result, these functions are an addition to Shari’ah and therefore categorized as Bid’ah. There will, however, be no harm in delivering a speech relating to the birth of Nabi (S.A.W.), so that people may learn and try to implement the Sunnah in their lives, but this speech should not be regarded as compulsory. If those individuals who conduct such functions sincerely love Nabi (S.A.W.) then they should earnestly act upon his teachings which prohibit us from engaging in acts of Bid’ah.
15) In Surah Baqarah, verse 184 Allah Ta’ala mentions, “(Observe fast) for a number of days. Now whoever is ill among you or he is out on a journey (therefore unable to fast), then other days are to be calculated (to make up for the missed fasts).” The Shari’ah has not stipulated a time for the fulfilment of the missed fasts. However, it is most appropriate not to delay in doing so. If one discharges the missed fasts after a period of three months, the fast will be accepted.
(Hidayah, Vol. 1, Page 222)
16) The salary of the employee along with the amount of holidays entitled is an agreement made by both parties. Whatever is decided upon at the time of employment should be adhered to since it does not oppose the laws of Shari’ah. It is permissible according to Shari’ah to give the employee an increase in payment and holidays during the year. If this is a law passed by the government, you can act accordingly since it is not prohibited in Shari’ah. (Mufti Muhammad Ashraf)
17) You are not required to recite the Shahaadah before circumcision, since you are already a Muslim.
18) In the pre-Islamic era people believed in Allah. It is for this reason, that Nabi (S.A.W.)’s father’s name was Abdullah. However, they did not believe in the oneness of Allah, thus ascribing partners unto him, such as idols.
19) In Surah Nisaa’, Allah has listed a number of women; a man is prohibited from marrying, “Unlawful upon you are your mothers, and your daughters, and your sisters, and your father’s sisters, and your mother’s sisters, and the brother’s daughters, and the sister’s daughters, and your foster-mothers, and your foster-sisters, and your mothers-in-law, and those step-daughters of yours who are in your care from those wives of yours with whom you had intimate contact (consummated the marriage) – and if you did not have intimate contact with them, then there is no sin upon you (in marrying their daughters) – and the wives of those sons of yours who are from your loins, and this that you combine (in wedlock) two sisters, but what has happened previously (for that is pardoned). Certainly Allah is Oft-Forgiving, Most-Compassionate.”. This Ayah, undeniably, proves that it is Haraam for a man to have two sisters in his Nikah (wedlock) at one time. (Surah Nisaa’, verse 23)
20) With regards to those Usools (Laws) which are not mentioned in the Qur’an and Ahaadith, the differences found amongst the Imaams are based on different perspectives, e.g.
· The different methods of studying a particular aspect.
· If there is an apparent conflict between a same ruling found in the Qur’an and Hadith then this will result in a difference of opinion in combining the two ruling.
· The differences of opinion found amongst the Sahabah.
· The differences in Qiyaas (analogical reasoning)
· The difference in their eras that the Imaams were living in.
There are many other perspectives apart from what is mentioned above. These perspectives are such that it is impossible to terminate all differences and unite on a single opinion and it cannot be said that one party is 100% correct while the others are wrong. It is for the same reason that one cannot say that a particular is totally erroneous. (Mufti Muhammad Ashraf)
Please find attached the conditions for terminating a Nikah.
And Allah Ta’ala knows best
Ebrahim bin Zainul Abedeen Backus
Attested to as correct by:
Mufti Muhammad Ashraf
Darul Iftaa
Jameah Mahmoodiyah
Springs
01 June 2005
23 Rabee’uth Thaani 1426