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Basic Clothing Description for Salaah

25 Jan
Wearing Forbidden Clothing Could Invalidate One’s Prayer
Question:

A women uses particular clothing for prayer and it is clothing for men. Is her prayer permissible? Is this considered part of imitating men?

Answer:

If the clothing is something particular for men, then it is forbidden for her to wear it regardless of whether she is praying or is outside of the prayer. This is because it is confirmed from the Prophet (sallallaahu alaihi-wasallam) that he cursed those women who imitate men and appear like men as well as those men who imitate and appear like women. It is not allowed for a women to wear clothing that are particular for men and it is not allowed for men to wear clothing that are particular for women.However, we must understand the concept of “particularity”. Particularity is not with respect to colour but it is with respect to colour and description. It is, then, permissible for women to wear white clothing as long as it is not the same as the white clothing of men. If it is clear, though, that women wearing men’s clothing is forbidden, then her prayer in such clothing is not valid acording to those scholars who say that the covering in the prayer must be covering which is permissible.

This is a question in which there is a difference of opininon among the scholars. Some scholars say that it is a condition that the covering or the clothing that is in itself permissible. Some do not lay down such a condition. The proof for those who lay down such a condition is that the covering of the aurah [what must be covered] in the prayer is one of the conditions for the prayer and the covering must be something that Allah has permitted. If it is something that Allah has not permitted, then it is not considered a legal covering since it goes against what is commanded. The proof of those who say that the prayer is still valid while the person is committing a sin is that the women has actually covered herself and that the sinful aspect is something that is external and is not particularly related to the prayer. in any case, the person who prays in forbidden clothing is in a dangerous situation since her prayer may be rejected and not accepted from her.

 

Shaykh Muhammad bin Saalih al-`Uthaymeen

Give Zakat/Charity to Husband?

23 Jan
The ruling on paying Az-Zakah to the poor Husband
Question:

Is it permissible for the women to give the Zakah of her wealth to her husband if he is poor?

Answer:

It is permissible for the women to give the Zakah of her wealth to her husband if he is poor due to her generality of Allah’s statement: Verly As-Sadaqat(Az-Zakah)is only for the fuqara'(poor) and the Masakin (needy)… [1] This is in order to eliminate his poverty.1.At-Tawbah 60

 

Permanent Committee for Research and Verdicts

Can I Make-up Salaahs for the Deceased

20 Jan
Not offering Some of the Prayers, due to losing One’s Mind
Question:

A man died while owing some obligatory prayers which he had not offered while he was ill and out of his mind is it an obligation upon his living relatives, men or women, to make up these prayers, or will the deceased not be held accountable for them due to him losing his mind, and is it not an obligation upon his heirs to make up for these obligatory prayers?

Answer:

If a person does not offer the obligatory prayers due to insanity and he has no physical illness, there is no sin upon him as he will not be held accountable for them due to him losing his mind. There is no necessity for his heirs to make up for them. And if he abandoned his prayer while he was rational, whether or not his body was afflicted with disease then he is a wicked sinner due to his abandoning prayer, and his affair will be left to his Lord and his prayer does not need to be made up.

Praying for Someone Whose Name You Forgot

20 Jan
He wants to perform Hajj for some People but he does not know some of their Names
Question:

I have about four people who have died among my uncles and grandparents. Some of them are men and some are women, but I do not know some of their names. I want to send someone to perform Hajj for each of them from my own personal money.

Answer:

If the matter is like what has been mentioned, then whoeverýs name you know from the women and men, there is no problem. Whoeverýs name you do not know, it is permissible for you to make intentions for the men and women from the paternal and maternal uncles and aunts according to the arrangement of their ages and descriptions. The intention is sufficient in that, even if you do not know the name. And success is from Allah. May Allah send blessing and peace upon our Prophet, his family and his companions. 

 

Permanent Committee for Research and Verdicts

Shaking Hands vs Wudhu`

20 Jan
Touching a Women does not invalidate Wudhu’
Question:

What is the Islanmic ruling on a man touching a woman who is Ajnabiyyah, without any kind of barrier does it invalidate his Wudhu’ or not? And what does the term Ajnabiyyah mean?

Answer:

Touching a woman does not invalidate Wudhu’ in any circumstances, according to the most authoritative opinion of the scholars. This is because it has been authentically reported from, the Prophet- sallallahu alaihi wasallam- that he use to kiss some of his wives, and then he would pray, without performing Wudhu'( Abu Dawud nos.178, 179 and At-Tirmithi no.86)A woman should not shake hands with any man who is not a,Mahram ( Her Husband and any other man that she cannot marry such as a brother, uncle etc.) for her, just as a man should not shake hands with a women for whom he is not a Mahram, based upon the saying of the Prophet-Sallallahu alaihi wasallam. Verily I do not shake hands with a women ( An-Nasa’I no. 4186 and Al-Muwattta no.2) and what has been authentically reported from A’ishah may Allah be pleased with her, that the Prophet -Sallallahu alaihi wasallam- used to accept the pledges of allegiance from women in words only; she said : And no women ever touched his hand( Al Bukhari nos.2713,4891,5288,7214 and Muslim no. 1866.

And Allah, the Most High says: Indeed in the Messenger of Allah ( Muhammed) you have a good example to follow ( Al- Ahzab 33:21)

Also, Women shaking shaking hands with men and men shaking with women whom they are not closely Mahram for is a cause of Fitna for all. And Islamic law which is perfect, prevents all things which lead to that which Allah has forbidden.

From the above, it is clear that the Ajnabiyyah women is one whom it is not forbidden for him to marry due to kinship or another legal reason- this is Ajnabiyyah. As for the one whom he cannot marry due to ties in kinship, such as his mother, his sister, his aunt, or any other legal constraint, such as breastfeeding or relationship by marriage, she is not an Ajnabiyyah. And with Allah is success.

 

Shaykh `Abdul-`Azeez Bin Baz

Speaking to Non Mahram by Phone

20 Jan
The Ruling on Speaking to a Women on the Telephone
Question:

What is the ruling if a young, unmarried man spoke with a young unmarried women on the telephone?

Answer:

It is not permissible to speak with an unrelated woman in a manner which may excite desire, such as by speaking words of love, flirting and subduing one’s voice , whether on the telephone or otherwise. This is in accordance with the words of Allah, Most High:Then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery, etc.) should be moved with desire& As for speaking when there is a need, there is no objection to it, as long as it is free from corruption, but only in cases of necessity. 

 

Permanent Committee for Research and Verdicts

Should Woman Pray as Men Pray

20 Jan
There Is No Difference Between The Prayer Of The Man & The Woman
Question:

The Messenger sallAllaahu ‘alayhi wa sallam said: “Pray as you have seen me praying” And that which is understood from this Hadeeth is that there is no difference between the prayer of the man and the prayer of the woman, not in the standing, the sitting and nor in the prostration. So I have been acting in accordance with that since reaching the age of at-Takleef (burdened/obligated to abide by the Sharee’ah). But we have women in Kenya who quarrel with me and they say that your prayer is not correct because it resembles the man’s prayer. And the examples they mention where the man’s prayer differs from the woman’s prayer are holding the two hands upon the chest and when releasing them both and the keeping of the back level in the bowing position (Rukoo’) and other than that from the issues about which I have conviction. So I would like you to clarify to me is there a difference between the performance of the prayer of the man and the woman?

Answer:

O questioner, my sister for the sake of Allaah, indeed that which is correct is that there is no difference between the man’s prayer and the woman’s prayer. As for what some of the jurists mention from the difference [in the prayer of the man and the woman] then there is no evidence for it. And the hadeeth that you mentioned in the question being the statement of the prophet may the peace and blessings be upon him:“Pray as you have seen me praying”1

[This Hadeeth]is a fundamental principle which generally includes everybody and the legislations are in generality for men and women except for when there is established proof making it specific. So the Sunnah for the woman is that she prays as the men pray in the rukoo’ (bowing), the prostration (sujood), the recitation, putting the hands upon the chest and other than that. This is what is best, this is how to put them (hands) upon the knees in the rukoo’, this is how to put them upon the ground in prostration either in level with shoulders or in level with the ears, this how you make your back level in the rukoo’ and this what is said in the rukoo’ and the prostration and after the rising from the rukoo’ and rising up from the prostration and between the two prostrations. All of it is just the same as the men acting in accordance to his (sallAllaahu ‘alayhi wa sallam) statement:

“Pray as you have seen me praying” [Reported by al-Bukhaaree in as-Saheeh.]

Do Men Excel Over Women-Islam QA, Ibn Katheer, Dr. Al-Alwani

19 Jan

Salaam alaikum sisters,

Yesterday I went on Islam QA to ask a simple question: to please explain the ayah where Allah says that men excel over women. Here is the complete ayah: 

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means”

[al-Nisa’ 4:34] 

Now when reading the answer Islam QA provided I was extremely disappointed and astonished at the level of intelligence the website was providing me with. This is the part that upset me: 

‘because Allaah has made one of them to excel the other’ i.e., because men are superior to women and are  better than women. Hence Prophethood was given only to men, as was the position of khaleefah, because the Prophet (peace and blessings of Allaah be upon him) said, ‘No people shall ever prosper who appoint a woman as their ruler.’ This was narrated by al-Bukhaari from the hadeeth of ‘Abd al-Rahmaan ibn Abi Bakrah from his father. The same applies to the position of qaadi (judge), etc. 

‘and because they spend (to support them) from their means’ refers to the mahr and the spending on women’s maintenance that Allaah has enjoined upon men in His Book and in the Sunnah of His Prophet (peace and blessings of Allaah be upon him). So a man is inherently better than a woman, and he is superior to her because he spends on her. So it is appropriate that he should be in charge of her, as Allaah says, ‘but men have a degree (of responsibility) over them’ [al-Baqarah 2:228]. 

The two phrases: men are superior to women and are better than women AND a man is inherently better than a woman. Now, PLEASE tell me where there is proof for this…it just doesnt make sense that Allah would expressly state that the value of a woman is equal to that of a man and later state that a man is better than a woman. NOWHERE in hadith OR Quran can this be found. Allah makes it very clear that we are of one soul and we are here as counterparts to one another. Neither is better than the other because without one the other does not exist. 

Now if you look closely Islam QA says that they got this answer from Ibn Katheer. So I decided to look up Ibn Katheers tafseer on this matter myself. These are his words: (and Allah has made one of them to excel the other,) meaning, because men excel over women and are better than them for certain tasks. FOR CERTAIN TASKS. Now, noone will understand what excel means by itself except Allah alone, however to say a man is BETTER than a woman…inherently better is just ignorance like kufr. They actually sound like ufr to me saying that: it is something I would expect from a kufr saying that Islam says men are better than women and subhanallah here is Islam QA saying that! A site that is supposed to be trustworthy! Now it really is not trustworthy since they clearly changed Ibn Kathees words. Ibn Katheer explicitly stated “at certain tasks“. Furthermore the scholars always insist to look at the context of the ayah to clearly understand it. Now in this ayah we are speaking about providing and maintaining, so yes, perhaps men excel over women when it comes to providing (in terms of finances, protection, discipline etc) but I am 100% sure Allah did not mean men are better than women. Ibn Katheer said at certain tasks which I believe is what Allah meant as well.

Dr. Taha Jabi Al-Alwani also agrees with me:

It must be admitted that Christian, Jewish, and Muslim scholars have neglected the wisdom of their respective revelations concerning the equality of the sexes. Qur’anic commentators and jurists in particular seem to have ignored the broader intellectual aspects of a woman’s testimony. In addition, some seem to have allowed themselves to completely overlook the basic Qur’anic principle of gender equality, even though this teaching is mentioned in literally hundreds of Qur’anic verses. Instead, they have engrossed themselves in studies emphasizing biological and psychological differences, thereby attempting to derive evidence from divine revelation to support the attitudes and customs of their pre-Islamic heritage.
    Such a decidedly un-Islamic bias has prevented Muslim scholars from considering the issue of a woman’s testimony in light of the broader Qur’anic teachings of equality. Instead of looking at the issues as a mere division of labor, they considered it as one based on natural incompetence. Taking their cue from Jewish, Christian, and pagan Arab traditions and attitudes, they dwelt on a “woman’s natural tendency to be forgetful and fall into error” and her physical “disabilities.” Did God not say, they argued: “if one of them should make a mistake, the other could remind her” (2:282), thereby reading nor more than the letter of revelation and without taking into consideration the verse’s context or attempting a balanced reading of woman or of nature?
    In essence, Muslim jurists and Qur’anic commentators allowed their cultural prejudices to color their discussions on the subject of women. In their ignorance, they used those verses declaring the competence and equality or women to “prove” the contrary. Using the same perverted logic, they dealt with the subject of the shares due to women through the laws of inheritance.

The sentence that really rings a bell is: instead of looing at the issues as a mere division of labor, they considered it as one based on natural incompetence.

Who could have said it better…Thank you Dr. Al-Alwani for boosting my iman.

http://islamqa.info/en/ref/43252

Writing Conditions in Marriage Contract

7 Jan

I am a young man who is engaged and is going to get married. I’ve heard that at the time of the marriage contract, the wife can stipulate conditions in the contract. My question is: what are the limits of these conditions? What happens if the conditions are broken? Is it possible to give the wife herself the right to divorce (talaaq) if I break these conditions? Is it possible for the condition to be, for example, that I will not take another wife and in the event that I do take another wife she will be divorced from me?  
I hope you can advise and explain this matter in detail. May Allah reward you with good.

Praise be to Allaah. 

The basic principle with regard to the conditions stipulated by both partners in the marriage contract is that it is a valid condition that must be fulfilled, and it is not permissible to break it, because the Prophet (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2721) and Muslim (1418). 

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

The basic principle with regard to conditions in the marriage contract is that they are valid, unless there is proof to show that they are not valid. The evidence for that is the general meaning of the evidence which speaks of fulfilling covenants: 

“O you who believe! Fulfil (your) obligations”

[al-Maa’idah 5:1]

“And fulfil (every) covenant. Verily, the covenant will be questioned about”

[al-Isra’ 17:34] 

and in the hadeeth narrated from the Messenger (blessings and peace of Allah be upon him) it says: “The Muslims are bound by their conditions, except a condition that forbids what is permissible or permits what is forbidden.” Narrated by al-Tirmidhi (1352). And he (blessings and peace of Allah be upon him) said: “Whoever stipulates a condition that is not in the Book of Allaah it is not valid, even if he stipulates a hundred times.” Narrated by al-Bukhaari (2155) and Muslim (1504). 

To sum up, the basic principle with regard to conditions is that they are permissible and valid, whether they are to do with marriage, buying and selling, renting, pledges or mortgages, or awqaaf. The ruling on the conditions that are stipulated in contracts, if they are valid, is that they must be fulfilled, because of the general meaning of the verse (interpretation of the meaning):

“O you who believe! Fulfil (your) obligations”

[al-Maa’idah 5:1].

End quote. 

Al-Sharh al-Mumti’, 5/241 (Egyptian edition). 

For examples of that ,see the answers to questions number 20757 and 10343 

With regard to the woman stipulating that the husband should not take a second wife, the opinion of some scholars is that this condition is permissible, and if the husband breaks it, the wife has the right to annul the marriage and take her dues in full. 

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

If he stipulates that he will not take her out of her house or her city, or that he will not travel with her or will not take another wife, then he is obliged to fulfil that, and if he does not do so, then she has the right to annul the marriage. This was narrated from ‘Umar, Sa’d ibn Abi Waqqaas and ‘Amr ibn al-‘Aas (may Allah be pleased with them). End quote. 

Al-Mughni, 9/483 

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

If she stipulates that he should not take another wife, this is permissible. Some of the scholars said that it is not permissible, because it is restricting the husband in something that Allah has permitted to him, and it is contrary to the Qur’aan in which it says (interpretation of the meaning): “then marry (other) women of your choice, two or three, or four” [al-Nisa’ 4:3]. It may be said in response to that that she has a reason to ask him not to marry another wife and she is not transgressing against anyone. The husband himself is the one who is giving up his right; if he has the right to marry more than one, he is giving it up. So what is to prevent this condition being valid? 

Hence the correct view with regard to this matter is the view of Imam Ahmad (may Allah have mercy on him), which is that this condition is valid. End quote. 

Al-Sharh al-Mumti’, 5/243 

It should be noted that if the husband breaks this condition, his wife does not become divorced as a result of that, rather she has the right to annul the marriage, and she may either annul it or give up the condition and accept what her husband has done, and remain as his wife. 

Shaykh Saalih al-Fawzaan (may Allah preserve him) said: 

Among other conditions that are valid in marriage is if she stipulates that he should not take another wife. If he fulfils the condition (all well and good), otherwise she has the right to annul the marriage because of the hadeeth, “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Similarly, if she stipulates that he should not separate her from her children or parents, this condition is valid and if he breaks it, she has the right to annul the marriage. If she stipulates that her mahr should be increased or that it should be in a specific currency, the condition is valid and binding, and he has to fulfil it, and she has the right of annulment if it is broken. In that case she has the choice and may decide any time she wants and may annul it whenever she wants, so long as there is nothing on her part to indicate that she accepts it if she knows that he has gone against what was stipulated; in that case she would no longer have the option. 

‘Umar ibn al-Khattaab (may Allah be pleased with him) said to the one who he ruled was obliged to fulfil what his wife had stipulated, when the man said, “Divorce us in that case,” ‘Umar said: It is a must to fulfil the conditions, because of the hadeeth, “The believers are bound by their conditions.” Al-‘Allaamah Ibn al-Qayyim said: It is obligatory to fulfil these conditions which are the most deserving of being fulfilled. This is what is implied by sharee’ah, reason and sound analogy, if the woman did not agree to become a man’s wife except on these conditions, and if it were not obligatory to fulfil them, then the marriage contract would not be based on mutual agreement, and it would be making something obligatory upon her that Allah and His Messenger have not made obligatory. End quote. 

Al-Mulakhkhas al-Fiqhi (2/345, 346) 

And Allah knows best.

Wife’s Duty Towards In-laws

6 Jan

Answered by Shaykh Muhammad ibn Adam al-Kawthari

Question:

Why do all your answers about living with in-laws encourage people to move out and get a place of their own?

Answer:

In the Name of Allah, Most Gracious, Most Merciful 

 

In the name of Allah, Most Compassionate, Most Merciful,

 

There are two separate things here, and one should not be confused with the other. The legal responsibility of a wife is one thing and her moral responsibility is another. What has been explained in the many earlier articles is the legal responsibility of the wife upon marriage.

 

From a Shariah perspective, it is not the wife�s responsibility to look after her parents� in-law or take care of them. She does not have to live with them, hence it will not be sinful or even blameworthy if she chooses to live separately from her in-laws.

 

You state that you would like to see some evidences from the Qur’an or Sunna suggesting that the husband and wife should live separately, hence just ponder over the following Hadith:

 

Sayyiduna Amr ibn al-Ahwas narrates a long Hadith in which he relates the sermon given by the Messenger of Allah (Allah bless him & give him peace) at the time of his farewell Hajj. From amongst the many advices given by the Messenger of Allah (Allah bless him & give him peace), he stated:

 

�Beware! I advise you to treat your women honourably, for these women are confined in your homes. Other than this, you cannot demand anything from them except if they commit a manifest sin�� (Sunan Tirmidhi, no: 3087)

 

The above words of wisdom should be kept in mind by every husband. The Messenger of Allah (Allah bless him & give him peace) explained that a woman, upon marrying, leaves behind her parents, family, friends and everything else in order to come and live with her husband. She sacrifices everything for the sake of her new life-partner, and becomes tied and confined with her husband. Thus, the husband should reflect on this, and by doing so, he would never attempt to treat his wife in an ill manner.

 

The Messenger of Allah (Allah bless him & give him peace) then stated that the husband does not have any further rights over his wife other than her being confined and tied up with him. This is a huge sacrifice given by the wife; hence the husband should not demand and expect anything more than that.

 

From this Hadith, the jurists (fuqaha) have deduced that the wife is not legally responsible for serving her in-laws. The husband cannot demand from her to take care of his own parents, for that is not legally binding on her. Rather, the Hadith states that the husband cannot demand anything besides the fact that the woman has confined herself to him.

 

Having said that, it is a great act of virtue and blessings for the wife if she serves her parents in-law, for which she will be immensely rewarded. She should try her best in taking care of them, but this is not her responsibility or duty per se.

 

Indeed, there are many texts of the Qur�an and Sunnah emphasising the importance of looking after one�s parents, but we should remember that this is the duty of the son. The husband is responsible to look after his own parents and not enforce this duty upon his wife. He most definitely does not have to send them to a nursing home; rather, he may provide a separate home for his wife and daily take care of the needs of his parents. He may even reside close to his parent�s home and spend a lot of time there. He should help in their daily affairs and take care of them. If his wife wishes to join in, she will be committing a great act of virtue but she cannot be forced. We need to always keep in mind the words of the Messenger of Allah (Allah bless him & give him peace) where he said that give each person the right they deserve. By doing so, we will have a more blissful, happy and pleasant atmosphere, Insha’ Allah.

 

And Allah knows best

 

Muhammad ibn Adam al-Kawthari 
Darul Iftaa, Leicester, UK