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Should Britain Accept Shari’ah?-Mohammed Shafiq

19 Mar

http://www.youtube.com/watch?v=6AZd7LK_cPI

Abu-Huraira (ra) forbidding his daughter from wearing Gold?

19 Mar

Question

 

Assalamu alaikum.Ibn Sireen Allah’s mercy on him qoutes Abu Huraira Allah be pleased with him, saying he did not allow his daughter to use gold ornaments saying he fears Hell Fire.Ibn Hazam Allah’s mercy on him says this report is Saheeh.He also qoutes another incident where Abu Huraira’s daughter Allah be pleased with them says she was not allowed to use gold as it will lead to Hell fire.Now why should there be fear of Hell Fire as all that has to be done is give Zakaath.So could you kindly clarify this issue as what is the exact incident or is there anything wrong or missing in the qouting I read from a book. Jazakhallahum Khair

Answer

 

 

 

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  is His slave and Messenger.

The chain of narration of the story which you pointed to in the question is authentic and it was reported by Abdur-Razaaq in his “Al-Musannaf” on the authority of Ma’mar, fromAyyoob from Ibn Sireen that Abu Hurayrah used to say to his daughter: “Do not wear gold as I fear for you the heat of the flames (of fire).”

This was from Abu Hurayrah  as a way of being more pious and ascetic and that he feared about his daughter that if she was too keen on doing (wearing) what is permissible, she would exceed this to do (wear) what is not permissible, or rather that he feared for her that she would not pay its Zakaah.

However, this was the view and choice of Abu Hurayrah  but the majority of the Companions  disagreed with him on this point, as they adorned their wives and daughters with gold and they did not see any problem in this, and the opinion of the majority of the Companions  is the correct opinion.

Allaah Knows best.

Is Organ Donation Halal?

10 Mar

Ruling on organ donation

 
In Islam is it allowed to donate your organs to people that need it, when the die?. 

 
Praise be to Allaah. 

In the answer to question no. 49711 we stated that the (scholarly) view that it is permissible to donate organs is most likely to be the correct view, so long as the donation will not lead to the death of the donor. 

Here we will quote resolutions of the Islamic Fiqh Council of the Organization of the Islamic Conference, which support the fatwa mentioned above. These resolutions were issued after lengthy discussions among a number of fuqaha’, doctors and specialists. We will quote them here in full because of the medical and shar’i information they contain. 

In statement no. 26 concerning one person benefiting from the body parts of another, living or dead, it says: 

The Islamic Fiqh Council which convened in the fourth conference in Jeddah in the Kingdom of Saudi Arabia from 18-23 Safar 1408 AH/6-11 February 1988 CE, after studying fiqhi and medical research submitted to the Council concerning the issue of one person benefiting from the body parts of another, living or dead, has determined the following: 

In the light of the discussions that highlighted the fact that this issue is something that come about as the result of by scientific and medical advances, with clear positive results that in many cases are accompanied by psychological and social harm if it is practised without shar’i guidelines and controls that protect human dignity and also seek to achieve the aims of sharee’ah which tries to achieve all that is good and in the best interests of individuals and societies and promotes cooperation, compassion and selflessness, 

And after highlighting the main points of this topic whereby it may be discussed and categorized, the following was determined: 

With regard to definition:  

Firstly: What is meant here by ‘organ’ is any part of a person, be it tissues, cells, blood and so on, such as the cornea, whether it is still attached or has been separated. 

Secondly: The use or benefit that is under discussion is a benefit that is dictated by necessity in order to keep the beneficiary alive or to keep some essential or basic function of his body working, such as his sight and so on, provided that the beneficiary is one whose life is protected by sharee’ah. 

Thirdly: These kinds of benefit or use are divided into three categories:  

(i)                Transplant of organ from a living person

(ii)              Transplant of organ from a dead person

(iii)            Transplant from a foetus 

(i) The first category, which is transplant of an organ from a living person, includes the following: 

–         Transplant of an organ from one place in the body to another place in the same body, such as transplanting skin, cartilage, bone, veins, blood and so on.

–         Transplant of an organ from the body of a living person to the body of another person.

Organs in this case may be divided into those on which life depends and those on which life does not depend. With regard to those on which life depends, they may singular organs, of which there is only one in the body, or there may be more than one. The former includes organs such as the heart and liver, and the latter includes organs such as the kidneys and lungs.

As for those on which life does not depend, there are some that control basic functions in the body and some that do not. There are some that are renewed automatically, such as blood, and some that are not; there are some that have an effect on offspring and on the genetic makeup and personality of the individual, such as testicles, ovaries and cells of the nervous system, and some that do not have any such effect. 

(ii)  Transplant of an organ from a dead person 

It may be noted that death falls into two categories: 

1-    Brain death in which all bodily functions cease completely and cannot be brought back medically.

2-    Where the heart and breathing cease completely and cannot be brought back medically. 

Both of these categories were discussed in the resolution passed by the Council in its third session. 

(iii) Transplant from a foetus. Use or benefits in this case fall into three categories: 

1-    Where the foetus is aborted spontaneously (miscarriage)

2-    Where the foetus is aborted deliberately by medical or criminal means

3-    Where fertilization is done outside the uterus. 

With regard to shar’i rulings: 

-1-

It is permissible to transplant an organ from one place in a person’s body to another place in the same body, but attention must be paid to ensuring that the expected benefits outweigh any possible harm; that is subject to the condition that this is done to replace a lost organ or body part, or to restore its regular shape or function, or to correct a fault or remove a deformity that is causing the person psychological or physical harm. 

-2-

It is permissible to transplant an organ from the body of one person to another if it is an organ that renews itself automatically, such as blood and skin. But attention must be paid to the condition that the donor be fully qualified and fulfil the shar’i conditions. 

-3-

It is permissible to make use of organs that have been taken from the body of another person due to sickness, such as taking the cornea from the eye of a person whose eye has been removed due to sickness. 

-4-

It is haraam to transplant an organ on which life depends, such as transplanting the heart from a living person to another person. 

-5-

It is haraam to transplant an organ from a living person when its removal may cause an essential function to cease, even though his life does not depend on it, such as taking the corneas of both eyes. But if he will still have partial function after removing it, then the matter is subject to further discussion as we shall see below in section 8. 

-6-

It is permissible to transplant an organ from a dead person to a living person whose life or basic essential functions depend on that organ, subject to the condition that permission be given by the deceased before his death, or by his heirs after his death, or by the authorities in charge of the Muslims if the identity of the deceased is unknown or he has no heirs. 

-7-

It should be noted that the agreement on the permissibility of organ transplants explained above is subject to the condition that this is not done by selling the organs, because it is not permissible to subject human organs to sale under any circumstances. 

As for the beneficiary spending money in order to obtain the required organ where necessary or offering compensation or honouring the donor, this is subject to ijtihaad and further discussion. 

-8-

All cases having to do with this topic are subject to further research and discussion, and they should be studied and discussed in a future session in the light of medical data and shar’i rulings. And Allaah knows best. 

Quoted from Resolutions of the Islamic Fiqh Council. 

For more information please see the answer to question no. 2159 

And Allaah knows best.

Women in the Military-Women’s World

10 Mar

http://www.youtube.com/watch?v=4RYlGirY9FE&feature=relmfu

The haram practice of mut’ah

26 Feb

http://www.youtube.com/watch?v=4N_2nP6N6x8

Is Abortion Haram?-Zakir Naik

21 Feb

http://www.youtube.com/watch?v=6wZA9Hx5pQ8

Makruh Tahrimi vs Tanzihi

8 Feb
Given the constraints of this forum, I can only provide a brief answer re: the definitions of makruh:

Makruh, according to the hanafi school, is divided into makurh tahrimi, and makruh tanzihi.

Makurh tahrimi is something that the lawgiver has ordered us to refrain from through a zanni (not so categorical) evidence (i.e. khabar wahid or isolated tradition), for example: to propose marriage to a girl to whom another person already proposed; or wearing of silk-clothes by men, etc. The difference between this and haram is: the one who deniesharam becomes a kafir (infidel), while a person who denies makruhtahrimi cannot be deemed as a kafir, and the punishment for doingmakurh tahrimi is less than the punishment of doing a haraam thing.

Makruh tanzihi, on the other hand, applies to something that the law-giver has ordered us to refrain from, albeit not so firmly: an example for this is consuming the horse meat.

The legal consequence of doing makruh tanzihi is that the one who refrains from it will be rewarded; whereas one who commits it will not be punished.

The definitions vary slightly in the other schools: for instance, in theshafi‘i school: makruh tahrimi is that which the lawgiver has ordered us to refrain from it firmly but not as that of haram. The punishment for doing so is less than the punishment for doing haram; example: offering optional prayers while the sun is rising or setting.

As for makurh tanzihi, shafi’ites define it as something which the lawgiver has ordered us to refrain from it not so firmly. Therefore, a person leaving it while seeking reward from Allah will be rewarded for doing so; but he will not incur punishment if he does it. An example is: a pilgrim fasting on the day of Arafah.

For further elaborations, you are advised to take a course on usul al-fiqh under a properly qualified scholar. You may also be able to explore the issue further by reading Muhammad Hashim Kamali’s Principles of Islamic Jurisprudence.

Islamic Nikaah Contract (Conditions and Pre-Nup)

31 Jan

Options for an Islamic prenuptial agreement

By Sound Vision Staff Writer

A prenuptial agreement (which is also called an antenuptial) agreement is a contract entered into by a couple planning to be married.

This contract specifies the married couple to be’s individual rights throughout the marriage and if their marriage should end.

This agreement must be in writing, signed by both parties, and in some states of the United States, signed before witnesses and entered into the court records.

Prenuptial agreements and the rights of Muslims in marriage

But prenuptial agreements don’t just have to cover issues pertaining to wealth and property. They can also be used to safeguard your Islamic rights within a marriage and, if necessary, in the case of divorce.

Imam Yusuf Ziya Kavakci is Imam of the Dallas Central Mosque in Richardson, Texas. He has a Ph.D. in Islamic law from the Institute of Islamic Research of Istanbul University in Turkey. He strongly recommends Muslim couples sign a prenuptial agreement before getting married. Here’s what he had to say about this in an interview with Sound Vision:

It is good and necessary to benefit from the law of the land and to get its protection in terms of documentation, in terms of court systems.

For this purpose, I think no Muslim marriage be performed without having a marriage license given by marriage offices of the state. These marriage licenses with their blank spaces may be used by Islamic centers, by Imams in their marriage contracts and everything could be recorded on that paper.

In this context, Muslims could benefit from the prenuptial agreement system by writing down all conditions they would observe in their married life including following Islam and Shariah and that conflicts will be solved by mediation and arbitration.

So couples may prepare these prenuptial marriage agreements, with their signatures on them and get them notarized. Then the rights of couples according to their belief system will be guaranteed and practiced in any condition everywhere in the world.

Prenuptial agreements come before the law of the land when conflict arises. So this is a nice opportunity for Muslims to guarantee their rights of Islamic belief and also to let Islamic law be applied on their family life.

Some clauses that Muslims have put in their contracts

A prenuptial agreement seems to give more strength to the Islamic marriage contract and the conditions placed therein. Muslim men and women are allowed to put conditions in the marriage contract, provided that they do not contradict Islamic law.

Below are some things Muslims have or may put in writing in their marriage contracts include.

Disclaimer: Many of the items below are not in agreement with others. Nor are the conditions below recommendations from Sound Vision.

We strongly urge anyone who is considering putting conditions or any of the following clauses in their marriage contract or working out a prenuptial agreement with their spouse-to-be to consult a qualified Islamic scholar as well as a Muslim lawyer well grounded in marriage and divorce law of the land.

  • both husband and wife agree to discuss all issues that arise in their marriage and arrive at mutually agreeable conclusions. Differences of opinion concerning a point of Islamic practice will be referred to the Quran and Hadith. Both will admit if they are simply expressing personal opinions, which will not be binding.
  • none of them will have a right to physically hurt each other.
  • the husband must learn to speak and read Arabic fluently.
  • that the husband will not require the wife to move out of her home town.
  • the wife will bring all twenty of her cats to live in her husband’s house.
  • husband and wife both will share responsibilities of cooking, cleaning and other homemaking tasks.
  • income of husband and wife both will be pooled together in one account operable by each one individually with mutual consent.
  • husband will not exercise his option of another wife
  • husband is the leader of the family who will run the family in consultation with the wife.
  • wife will not be required to work outside the home. If she chooses to work, she will be not be stopped from it and she will not be required to share that income for the family needs.
  • wife will not work to earn money without the consent of husband.
  • wife will be solely responsible for homemaking.
  • children will be raised as Muslims in home and through Islamic education.
  • home will be run Islamically as described in the Quran and Hadith
  • Children will not be taken to church.
  • A court granted divorce will be considered, Islamically, a first level of Talaq (divorce), which has a room for remarrying the same person without any condition.
  • husband or wife will facilitate each other’s Islamic work and will not stop each other from it.
  • in case of a dispute, husband and wife will appoint one person each to arbitrate between them
  • if either husband or a wife suggests marriage counseling, the other party must agree to it.
  • husband will not ask wife to stop her Islamic practices like Hijab
  • if anyone indulges in Haram (what is forbidden), it will be an acceptable ground for divorce.
  • in case of divorce, children will be with Muslim spouse and will be raised Muslims.
  • in case of any spouse’s death, the surviving spouse will be responsible for the distribution of inheritance according to the Islamic law.
  • family will not move out to another country without mutual agreement.

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

`Beating` Your Wife-Abdurahim Green

20 Jan

http://www.youtube.com/watch?v=WUTb8mdX97Q