Archive for the ‘Fatwas’ Category

Hadeeth: “YOU & YOUR WEALTH BELONG TO YOUR FATHER”   Leave a comment


Concerning the Hadeeth ”You And Your Wealth Are Your Father’s”

 Question: I heard that the Prophet (sallAllaahu `alayhi wa sallam) said, “You and your wealth are your father’s.” (Ibn Majah no. 2292) But I also heard that this Hadeeth might be weak; please explain.

Answer: Because of its many narrations that strengthen each other, this Hadeeth is not weak. And it means that if a man has wealth, his father may be free with that wealth, taking what he wants from it, but under conditions:

 1) By taking his son’s money, a father may not bring harm to him. For example, it is not permitted for a father to take a coat that his son uses for protection from the cold or to take his food that he uses to ward off hunger.

2) That wealth must not be from things that the son needs. For example, if the son has a female slave, the father may not take her, since the son needs her. If the son has a car that he uses to get from one place to another and if he doesn’t have money to buy a replacement, his father may not take it from him.

 3) The father may not take wealth from one child to give it to another of his children, because this will lead to enmity between the children and because doing so involves favouritism for some of one’s children over the others. If, however, one of his children is needy, the father is not only permitted to give him money (without giving to the others), but he must give to him. In any case, this Hadeeth is a binding proof, one that the scholars accept and implement, but as I said, with conditions. When he takes wealth from his son, a father is not permitted to harm him, is not permitted to take what that son needs, and is not permitted to take from that son to give to another son. And Allaah Almighty knows best.

Shaykh Muhammad bin Saalih al-`Uthaymeen Fatawa Islamiyah, Vol. 7, Pages 177-178, DARUSSALAM

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Posted July 11, 2011 by thesunnahway in Fatwas

Wearing Clothes that have the Names of Kuffar on them   Leave a comment


Shaykh Salih Al-Fawzan on Wearing Clothes that have the Names of Kuffar on them In one of his lessons on Tathir Al-I’tiqad, Shaykh Salih b. Fawzan Al-Fawzan – Allah protect him, was asked the following question: [What about] a person who wears what the unbelievers wear, and on the back [of the clothing] is written the name of a Kafir player (sportsman) when the wearer does not intend to copy this player or the unbelievers? The Shaykh replied: This is to be considered respect and esteem for the Kafir. As long as he is wearing clothes upon which is written the name of the Kafir, or a picture of him, this is respect and esteem for the Kafir. It is not allowed to do this; the least that can be said about it is that it is haram (forbidden in Islam). If [the wearer really does] respect and esteem [the Kafir], he is in danger of apostasy (leaving the fold of Islam). Yes. Translated by: Abu Abdillah Owais Al-Hashimi From: (Arabic) http://www.sahab.net/forums/index.php?showtopic=120239 Audio clip (Arabic, download) of the original question/answer: http://shup.com/Shup/500033/adran-9.mp3

Posted July 11, 2011 by thesunnahway in Fatwas

Reviling the Dead & Talking About the Evil Amongst the Dead   Leave a comment


As-salamu alaykum.

There appears to be much confusion with regards to the issue of Reviling The Dead. So what is the ruling on this?

Imaam Bukhaari (rahimahullaah) said: Chapter: ‘What Is Forbidden As Regards Reviling The Dead Narrated Aisha (ra): The Prophet (saw) said: ”Don’t revile the dead, because they have reached the destination of what they forwarded [Book of Funerals; Hadith No:1393]

Imaam Abdul Azeez Bin Baaz (rhm) commented briefly on this hadith stating: ”If revilement is for the (purpose) of giving a warning, as in the (case) of an innovator so that he is not taken as an example to be followed, then there is no forbiddance in this; for it is (done) from the angle of warning and not revilement.

Imaam Bukhaari (rahm) also stated: Chapter: ”Talking about the wicked from the dead” Narrated Ibn Abbaas: Abu Lahab, may Allaah curse him, once said to the Prophet (sallal-laahu-alayhi- wasallam), ”Perish you all day”. Then the Devine Revelation came: ”Perish the two hands of Abu Lahab” [Book of funerals; Hadith No: 1394] Imaam Abdul Azeez Bin Baaz (rahimahullaah) commented briefly on this hadith saying: It is as if the author (i.e. Imaam Bukhaari) intends that the wicked ones are not included in this prohibition (of revilement) and this is apparent from what has preceded. And as far as they are warned against, then the intent is not that they are dispraised

Imam an-Nawawi rahimahullaah brings a chapter heading “The dead who are praised with good words or who are condemned with bad words” Then he mentioned the hadeeth of Anas bin Malik who said: A funeral passed by and it was praised with good…. Upon this the Messenger of Allaah salallaahu ‘alaihi wa sallam said: It has become certain, it has become certain, it has become certain. And there passed another funeral and it was condemned in bad words. Upon this the Messenger of Allaah salallaahu ‘alaihi wa sallam said: It has become certain, it has become certain, it has become certain. ‘Umar said: May my father and mother be ransom for you!

There passed a funeral and it was praised with good terms, and you said: It has become certain, it has become certain, it has become certain. And there passed a funeral and it was condemned with bad words, and you said: It has become certain, it has become certain, it has become certain. Upon this the Messenger of Allaah salallaahu ‘alaihi wa sallam said: He whom you praised with good terms, Paradise has become certain for him, and he whom you condemned with bad words, Hell has become certain for him. You are Allaah’s witnesses upon the earth, you are Allaah’s witnesses upon the earth, you are Allaah’s witnesses upon the earth. [Hadeeth no. 949 Saheeh Muslim, Saheeh al-Bukhaaree 1367, Majmu’ Fataawa, 28/371, Saheeh al-Jaami’h 5950].

Imam an-Nawawi comments straight after this hadeeth saying, “If it was said how were the Companions allowed to condemn the funeral (of the evil one) when there is a hadeeth in Saheeh Al-Bukhaaree and other than in Al-Bukhaaree which forbid cursing the dead? The answer being that the forbiddance of cursing the dead is referring to other than the hypocrite and the rest of the disbelievers, and in other than the one who openly portrays his sin and innovation (bid’ah). As for these (ones) then it is not forbidden to mention them with bad words in order to warn against their path, against following their example and against imitating their manner. And this hadeeth clearly shows that the one they condemned with bad words was known to have hypocrisy or similar to what we have mentioned, this is what is correct in answering this matter and in understanding it well along with the hadeeth which prohibits cursing (the dead) and I have clarified this in detail with proof in Kitaab Al-Adkhaar.” [7/2197-1/60]

In Saheeh Al-Bukhaaree, Imam Al-Bukhaaree has a chapter heading – Talking about the evil ones amongst the dead [no.1394].

Ibn Hajr rahimahullaah says: “this (condemnation) could benefit the deadý and if he is sinful openly portraying his sin then there is no gheebah for him (meaning that it is not considered backbiting when refuting him and his errors)ýAnd what is most correct in this affair with regards the dead amongst the disbelievers and sinners is that it is allowed to make mention of their errors to warn against them and to turn the people away from them. The scholars have UNANIMOUSLY AGREED in the allowance of criticizing those who are deserving of criticism regarding the narrators whether they are alive or dead.” [Fathul Baari -3/1393 page 330,331 Dar Kutb al-Ilmiyyah]

 
Imam an-Nawawi has a chapter heading “The dead who are praised with good words or who are condemned with bad words” In it he mentioned the hadeeth of Anas bin Malik who said: A funeral passed by and it was praised with good…. Upon this the Messenger of Allaah (saw) said: “It has become certain, it has become certain, it has become certain”. And there passed another funeral and it was condemned in bad words. Upon this the Messenger of Allaah (saw) said: “It has become certain, it has become certain, it has become certain”. ‘Umar said: May my father and mother be ransom for you!

There passed a funeral and it was praised with good terms, and you said: It has become certain, it has become certain, it has become certain. And there passed a funeral and it was condemned with bad words, and you said: It has become certain, it has become certain, it has become certain. Upon this the Messenger of Allaah salallaahu ‘alaihi wa sallam said: He whom you praised with good terms, Paradise has become certain for him, and he whom you condemned with bad words, Hell has become certain for him. You are Allaah’s witnesses upon the earth, you are Allaah’s witnesses upon the earth, you are Allaah’s witnesses upon the earth.

 
[Hadeeth no. 949 Saheeh Muslim, Saheeh al-Bukhaaree 1367, Majmu’ Fataawa, 28/371, Saheeh al-Jaami’h 5950].
Imam an-Nawawi comments straight after this hadeeth saying, “If it was said how were the Companions allowed to condemn the funeral (of the evil one) when there is a hadeeth in Saheeh Al-Bukhaaree and other than in Al-Bukhaaree which forbid cursing the dead? The answer being that the forbiddance of cursing the dead is referring to other than the hypocrite and the rest of the disbelievers, and in other than the one who openly portrays his sin and innovation (bid’ah). As for these (ones) then it is not forbidden to mention them with bad words in order to warn against their path, against following their example and against imitating their manner. And this hadeeth clearly shows that the one they condemned with bad words was known to have hypocrisy or similar to what we have mentioned, this is what is correct in answering this matter and in understanding it well along with the hadeeth which prohibits cursing (the dead) and I have clarified this in detail with proof in Kitaab Al-Adkhaar.” [7/2197-1/60]

Posted July 11, 2011 by thesunnahway in Fatwas

How To Deal With The Differing Of Scholars   Leave a comment


Question:  I am a student of knowledge in the first year of the Faculty of Sharee’ah. There come to us many issues in which there is differing [of opinion]. It is possible that the preferred position (‘raajih’) in some of these matters opposes some of the statements of the scholars of today. Or we take on issues and there is nothing that is predominant from them. So we become confused in our affair. So what should we do about the ruling of an affair in which there is a difference of opinion regarding, or when we are asked by the general people? May Allaah reward you with good.

Answer: This question which the questioner mentions does not only happen to a student of the Sharee’ah, rather it is general to everyone. When he sees differing of the scholars regarding a fatwa he gets perplexed, but the reality is that there is no confusion in that because a person, when the fatawa differ, he follows what he sees to be closest to the truth, in accordance to the expansiveness of his knowledge and the strength of his faith. Just as a person, when he is sick and two doctors differ with respect to his illness, then he takes the speech of the one that he sees as being more preferable when the cure is described to him. And if the two matters are equal to him, meaning that he does not prefer the opinion of one of the two differing scholars over the other, then some of the scholars state that he follows the saying: “[Take] the more severe position because it is the safest.” Some of the scholars state that he follows the easier position because that is the origin in the Islamic Sharee’ah, and it is said that he chooses between the two.

However, the correct position is that he follows the ‘easier’ position because this conforms with the ease in the Islamic Religion due to the statement of Allaah, the Blessed and the Most High:

يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ

“Allaah intends for you ease, and He does not want to make things difficult for you.”

Al-Baqarah (2):185

وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ

“…and He has not laid upon you in religion any hardship”

Al-Hajj (22):78

And his (salallaahu ‘alaihi wassallam) statement:

“And make things easy and do not make things difficult.”

[Al-Bukhaaree in ‘Al-Ilm’ (69)]

And also because the origin is acquittance or discharge from responsibility in an affair until he establishes that which removes this origin. This principle is for the one who is not able to arrive at the truth by himself. And if he is able to do that, such as the student of knowledge who is able to read what is said in this affair, so gives preference to what he sees to be the preferred position due to the Sharee’ah proofs with him, then it is binding upon him to research and read to attain knowledge of that which is more correct from these statements regarding which the ‘ulemah differ.

Shaykh Muhammad bin Saalih al-`Uthaymeen

Kitaabud-Da’wah (5)/ Page 45-47. Shaykh Muhammad Ibn Saaleh al-‘Uthaymeen.

Translated by Abu Khadeejah ‘Abdul-Waahid

Posted January 28, 2011 by thesunnahway in Fatwas, Inspirational

Benefit: “I Mix with the People of Bid’ah to Bring them Close”   Leave a comment


Benefit: “I Mix with the People of Bid’ah to Bring them Close”
Saturday, 18 December 2010
In the Name of Allaah, Ar-Rahmaan, Ar-Raheem…
 
Nowadays, it is common to see some of the youth, impressed by themselves and what they perceive to have gathered of knowledge, to overrate themselves and believe that they can “bring the people of innovation close” by working with them or cooperating with them. They are heedless, not realising that they will be flattered with kindness, wealth and other forms of emotional blackmail. One of the major scholars of our time, may Allaah preserve him, comments on such a (innovated) notion in the name of ‘cooperation and rectification’:
 
Shaykh Rabee Ibn Hadi al-Madkhali was asked, “When one of the brothers is advised not to walk with the people of innovation or sit with them, he responds, ‘I am one who establishes principles for them?”
 
The Shaykh answered, “If you were one who established principles, you would not have kept company with them, if you were one who established principles and knew the methodology of the Salaf and knew the dangers you were exposing yourself to, and knew those who have fallen victim from the likes of you, those who are deluded like you, by Allah, if you were as you said, you would not have walked with the people of innovation.
 
And many walk with the people of innovation with the argument that they are benefitting them! ‘O my brother – they have not benefitted from the Scholars, so how will they be benefitted from you?!! They reject the statements of Ibn Baz (d.1420H) and the statements of al-Albani (d.1420H), al- ‘Uthaymin (d.1421H) and others from the Imams of Islam and will take from you?!! This is delusion, and ninety-nine out of a hundred times, you will end up from their followers.”1

Posted January 12, 2011 by thesunnahway in Fatwas

The benefit of learning about the deviant sects by Shaykh Ibn ‘Uthaymeen   Leave a comment


The benefit of learning about the deviant sects by Shaykh Ibn ‘Uthaymeen

http:// www.fatwa-online.com

Question: What is the benefit in the students of knowledge learning about the (deviant) sects of the Mu’tazilah, the Jahmiyyah and the Khawaarij, since they do not exist in our time?

 

Response : Learning about the deviant sects in our time has benefits, (from) which are:That we know the basis for their (deviated) positions so that we can refute them if we find them, and in reality they do exist; And the questioner saying that they do not exist now (in our time) is based upon his knowledge only. However, that which is known to us and other than us who read about the affairs of the people is that these (deviant) sects are in existence and they are active in propogating their message. And because of this, it is imperative we study their opinions/views so that we know their falseness and know the truth (that we are upon) and refute those (of them) who discourse with us.

Shaykh Ibn ‘Uthaymeen

Kitaabul-‘Ilm – Page 128, Question No.25

Posted January 12, 2011 by thesunnahway in Deviant Sects, Fatwas

Is it permissible to continue in a marriage relationship where one spouse dislikes the other   Leave a comment


Question: Is it permissible to continue in a marriage relationship where one spouse dislikes the other, but he/she remains in the marriage due to the children present between them?

Answer: Marital relationships have rulings, just as other relationships have rulings, for example, the relationship between a servant and his Lord, a servant and himself, and a servant and other human beings. As for a marital relationship, each spouse has his/her rights, some rights are upon him/her, and other rights are due to him/her.  What is incumbent is that each spouse fulfills the rights that are upon them and seek what is due to them.  One should not refuse to perform his/her obligations, nor should one seek what does not rightfully belong to them.  This (marriage) is a relationship governed by Islamic rules and regulations. 

With regards to a spouse disliking the other, the reason for this dislike should be known and made aware of.  At times this reason is poor dealings between husband and wife.  A man may possibly dislike the treatment received by his wife, or the opposite.  It may also take place that a husband dislikes his wife due to her deficiency in Religion, for example she does not pray or fast, or (even worse) she commits adultery and allows men to enter her home at the absence of her husband.  In this case, it is legislated to divorce her based on her un-Islamic actions, in fact, it is not permissible to stay with her.

The Messenger –salAllahu alayhi wa salem- clearly stated the criteria for seeking a wife and a husband. He said:  “If someone approaches you (guardian of female) with good character and religion, then marry (to your females).  If you do not, there will be much evil and corruption spread.”

He –salAllahu alayhi wa salem- also said: “A female is married for 4 reasons, her wealth, her beauty, her status and her religion.  Look for the pious female, and may you hands be filled with dust (may you be successful).”

The Messenger –salAllahu alayhi wa salem- in these two narrations has informed of what and individual should look for in choosing a spouse. He made religion a criteria in both hadiths.  Therefore, if the dislike present between husband and wife is based on religious reasons, it’s possible that the best and only solution is divorce.

On the other hand, if the aversion is related to poor dealings between to spouses concerning (sexual) relations or problems related to service within the home, then these problems can be solved.  Some females are never satisfied, they always seek more and more, and some men have the same character, nothing satisfies them, but these sort of problems can be cured.

So in summery, (most) problems related to individual rights can be rectified.  Some men seek to impose their masculinity upon their wives.  I have heard that some men only approach their wives (intercourse) after beating them severely!

Another type of aversion may be caused by an outer force. This is (usually) categorized into three types:

  1. That which is caused by magic.
  2. That which is caused by demon (jinn) possession.  At times, female jinns possess (human) men and cause them to dislike their wives.  Male jinns also possess (human) females and cause them to dislike their husbands.
  3. Aversion caused by evil eye (al Ain).  The Messenger –salAllahu alayhi wa salem- said: “Indeed al Ain is true, and if anything was to proceed decree, it would be al Ain”

I was told of a man marrying a particular female and not having the ability to have relations with her for 12 years.  They lived a normal marital life except for this issue (sexual relations).  This trial was finally lifted when the person that placed the evil eye on the husband finally died, and after that, this couple lived a normal marital life.

So in summary, the outer elements that possibly create hatred between a husband and his wife are 3:

  1. Magic
  2. Jinn (demon possession)
  3. Evil eye (al Ain)

 

The last type of aversion is one created for some unknown reason.  There is nothing present of the above mentioned factors except that the spouses simply dislike on another. 

The point that I wish to make is that, in general, the reason for such dislike, hatred of aversion should be known (in order for a rectification to occur).  And by saying so, if rectification is possible, then this is what is befitting, but if not, then there is no problem in seeking a divorce.

Allah stated in the Quran:

{If discord is feared between them (husband and wife), then seek a representative from his side, and one from her side.  If they (husband and wife) desire rectification, Allah will give them success} surah al Nisaa:35

He (Allah) also stated:

{If a female fears discord and disagreement from her spouse, there is no problem in them seeking reconciliation} surah al Nisaa:128

Gathering with Sheikh Abdullah bin Abdul Rahman al Ghudiyan (October 14, 2007)

Posted January 12, 2011 by thesunnahway in Fatwas, Marriage, Naseeha