s_ali
November 17th, 2007, 11:15
Question and Answer Session
by Shaykh Abdullaah al-Ghudyaan,
on Saturday, November 10th, 2007
1. Question: Is it permissible to have a nikaah (marriage) done over the phone?
Answer: The Shaykh حفظه الله began by praising Allaah سبحانه وتعالى as He deserves to be praised and by sending the salaat and salaam upon our Prophet Muhammad صلى الله عليه و سلم, his family members and all his Companions. He then continued:
The Prophet صلى الله عليه وسلم said in an authentic hadeeth: “If one comes to you who you are pleased with his Deen and his uprightness then marry him; if you don’t then there will be fitnah (tribulation) in the earth and much fasaad (corruption).”[1] And, he صلى الله عليه وسلم said: “A woman is married for four things: for her wealth, her lineage, her beauty and her Deen; so marry the woman with the Deen so you will not be humiliated.”[2] He صلى الله عليه وسلم also said “The woman is not married except with a walee and two trustworthy witnesses.”
There is a principle in which the Ulamaa’ say that the private parts of a woman are haraam (prohibited) and it only becomes permissible with the legislated measures as defined by Allaah سبحانه وتعالى and His Messenger صلى الله عليه وسلم. The telephone is not from the legislated means due to the fact that it is possible that lying, ghish (غش – deception) etc. may take place over the telephone. So I see that it is not permissible to conduct a marriage contract over the telephone as there are many things which may take place like lying, deception etc.
2. Question: I would like to know what is the evidence for Allaah سبحانه وتعالى having two eyes?
Answer: The fact that Allaah سبحانه وتعالى has two eyes is affirmed in the texts of the Qur’aan and affirmed in the texts of the Sunnah. All of the evidence which comes in the Qur’aan at the end of the aayaat is from the category of aayaat where Allaah سبحانه وتعالى mentions something about Himself. For example He says:
وَاللَّهُ بِمَا تَعْمَلُونَ بَصِيرٌ
{…And Allâh is All-Seer (knows well) of what you do.}
[al-Baqarah 2:265; aal-Imraan 3:156; al-Anfaal 8:72; al-Hadeed 57:4; al-Mumtahanah 60:3; at-Taghaabun 64:2]
And also:
[size=+2][font=traditional arabic][center]تَجْرِي بِأَعْيُنِنَا[/size][/font][/center]
[b]{Floating under Our Eyes…}[/b] [al-Qamar 54:14]
Therefore, this is not something that is asked about; no one asks about the two eyes of Allaah سبحانه وتعالى as it is well established in the texts of the Qur’aan and the Sunnah.
3. Question: I would like to know how one can determine when it is the last third of the night, in order to make Qiyaamul-Layl in that time?
Answer: It is possible to determine the (length of the) night from the time of sunset to the dawn[4] based on the statement of Allaah سبحانه وتعالى in suratul-Baqarah:
[size=+2][font=traditional arabic][center]وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ[/size][/font][/center]
[b]{…and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)…}[/b] [al-Baqarah 2:187]
The Prophet صلى الله عليه وسلم said: [i]“When night falls from this side and the day vanishes from this side and the sun sets, then the fasting person should break his fast.”[/i][5] So the night begins from the setting of the sun and ends at the break of dawn. The length of the night will differ from place to place and time to time. It is possible for an individual to subdivide the hours from sunset to dawn into three segments. He takes two as the first two-thirds of the night and the third segment will be the last third of the night. For example if the night is determined to be nine (9) hours and six (6) hours have elapsed since sunset, then the last third begins i.e. three (3) hours before the break of dawn.
4. Question: A sister does not want to get married as she is wealthy enough to live on her own or with a girl servant; her brother is her mahram should she wish to travel. Is she sinning by refusing to get married?
Answer: [i]A group of men came to the Prophet صلى الله عليه وسلم. One of them said, “I will not sleep at night.” i.e. he would perform tahajjud. The second said, “I will fast and will not break my fast.” The third said, “I will not eat meat.” And the fourth said, “I will not ever marry women.” Allaah's Apostle came to them and said, “I fast and break my fast, I sleep and I awake and pray, and I eat meat and I marry women. So whoever does not follow my Sunnah (tradition in religion), is not from me (not one of my followers).”[/i] Marriage is a sunnah from the Sunnan of this Sharee’ah. If the woman intentionally leaves off marriage she has abandoned the Sunnah of the Messenger صلى الله عليه وسلم.
5. Question: May you give us some advice on how we should give Da'wah to relatives and friends (Muslims and non-Muslims) who live very far away from us? Would it be a good idea to start with emails of excerpts from books of ‘Aqeedah (Creed) like The Three Fundamental Principles?
[indent]Answer: The [i]‘usl[/i] (foundation) in the [i]Sharee’ah[/i] (Legislation) concerning the ‘means’ ([i]wasaail[/i] – وسائل) is that [b]‘They are permissible.’[/b] This means that an individual uses the resource ([i]waseela[/i] – وسيلة) which brings about the legislated goal/objective. The means of Da’wah are from this affair. The medium of Da’wah may be via the computer, the camera (which displays the images on the computer or a television), writing letters or sending books. All of this is permissible as means of giving Da’wah as it leads to the legislated goal of calling to the Religion of Allaah سبحانه وتعالى.
There is one thing that I would like to draw your attention to, and that is that calling to the Religion of Allaah سبحانه وتعالى requires [i]tadarruj[/i] (تدرج) – a [b]step-by-step approach[/b] and not being hasty. This means that when an individual calls to the Religion of Allaah سبحانه وتعالى he should ensure that his speech ([i]kalaam[/i]) is understood by the one being called. He does not give him what is above his level of understanding because if he begins to do this the one being called will miss the objective which the caller would like him to achieve. The Da’wah of the Prophet صلى الله عليه وسلم lasted for twenty-three (23) years. Within that entire period the Qur’aan was revealed. The Prophet صلى الله عليه وسلم began secretly then there was a turning point at which the Da’wah was given publicly. Thereafter, there was a point when the Muslims gathered strength and began to take back the rights which were unjustly taken from them by those who transgressed against them. After the Muslims got their rights back Allaah سبحانه وتعالى revealed aayaat in the Qur’aan such as:
[color=blue][size=+2][font=traditional arabic][center]فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُم بِهِ[/color][/size][/font][/center]
[center][b]{…then punish them with the like of that with which you were afflicted…}[/b] [an-Nahl 16:126][/center]
[color=blue][size=+2][font=traditional arabic][center]جَزَاءُ سَيِّئَةٍ بِمِثْلِهَا[/color][/size][/font][/center]
[center][b]{…the recompense of an evil deed is the like thereof…}[/b] [Yoonus 10:27][/center]
Then Allaah سبحانه وتعالى legislated [i]jihaad[/i] for the Muslims i.e. fighting in the cause of Allaah. By looking at this we see that the Da’wah of the Prophet صلى الله عليه وسلم was in stages. Likewise, when we call to Allaah, we should ensure that the one being called understands our speech and the objective of what they are being called to.
The translator added that the Shaykh حفظه الله did not mention this, but this is sometimes the case when people use a lot of Arabic terminology when calling the kuffaar (disbelievers), not taking into consideration that they do not speak Arabic and would not understand what is being spoken about. For example, saying “You have to understand [i]Tawheed[/i], you have to understand [i]Shirk[/i]…” and they would not have any idea what you mean. Therefore, the Shaykh’s words must be taken into great consideration.
The Shaykh حفظه الله then ended by saying that we start with ‘Aqeedah i.e. by calling them to the correct understanding of our Creed, that which we believe as Muslims.
[/indent]
6. Question: Can anyone tell me what if any, is the difference between using a street drug like marijuana, as compared to drugs prescribed by the doctor which basically cause the same effect?
Answer: It is well known that the Legislation of Islaam is complete and it is what we return to for all affairs of our life, whether it relates to our Deen or our dunya – our worldly affairs, or our Hereafter. Everything in the life of a Muslim is dealt with in the Legislation. From the other specifics is that it is the same Legislation which we return to for arbitration; we turn to it for ascertaining whether something is halaal (permissible) or haraam (prohibited) as Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجاً مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيماً[/size][/font][/center]
[b]{But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.}[/b] [an-Nisaa 4:65]
There is no doubt qamr i.e. any intoxicant, is haraam. Anything which alters the natural mental state is considered qamr and is haraam from the texts of the Qur’aan, the Sunnah and the Ijmaa’ (Consensus) of the Ulamaa’.
The Prophet صلى الله عليه وسلم said: [i]“That which intoxicates in a large quantity then a little of it is haraam.”[/i][7] and also: [i]“If we were to take medicine to cure our sickness then Allaah will never make the cure for the sickness of His Ummah something which is haraam.”[/i][8] This includes over-the-counter drugs as well as illegal drugs as they may both have the same substances. As Muslims there is no difference between the two; if they contain illegal drugs they are all haraam, whether to consume it, transport it, buy it, sell it etc. – in the particular hadeeth the Prophet صلى الله عليه وسلم cursed ten categories of people.[9] Regardless of where it is sold or what the society determines it to be, we return to the Book and the Sunnah to determine if a thing is halaal or haraam.
7. Question: Can a woman take shahaadah (to enter into Islaam) while she has her period or must she have a ghusl (ritual bath) before pronouncing the shahaadah?
[indent]Answer: As it relates to the menstruating woman, if the opportunity presents itself she should pronounce the [i]Shahaadatayn[/i] (two testimonies of faith) and enter into the fold of Islaam. When her menses stops she should then make ghusl with the intention to: (1) Rid herself of the impurity of menses and (2) Perform the ghusl for entering into Islaam. She doesn’t know if she will live until she becomes pure; therefore, if Allaah has blessed her with the opportunity to accept Islaam she should do so.[/indent]
8. Question: I have a small business, Maashaa-Allaah, and just read that it is obligatory to pay zakaat on merchandise which is meant for sale. What are the conditions for paying zakaat on this type of wealth; and how does one determine the zakaat?
Answer: Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]إِنَّ عِدَّةَ الشُّهُورِ عِندَ اللّهِ اثْنَا عَشَرَ شَهْراً فِي كِتَابِ اللّهِ يَوْمَ خَلَقَ السَّمَاوَات وَالأَرْضَ[/size][/font][/center]
[b]{Verily, the number of months with Allâh is twelve months (in a year), so was it ordained by Allâh
on the Day when He created the heavens and the earth…}[/b] [at-Tawbah 9:36]
When determining whether it is obligatory to pay zakaat on gold, silver or merchandise, a year based on 12 lunar months and not financial months is used. If the businessman purchases goods, then the year starts from the time he is in possession of the goods and not the time that he bought the goods. If he is in possession of it for 12 complete lunar months then zakaat must be extracted.
If he has gold, money or merchandise for example, it must be evaluated or assessed (to determine the value); for all of it one fortieth (1/40) is due. For example, if dealing with money and you have one thousand riyals (SR1,000) at the end of twelve (12) lunar months then you pay twenty-five riyals (SR25); if you have one thousand dollars ($1,000) you pay twenty-five dollars ($25) and this is the way you calculate it.
9. Question: Is it permissible for the non-Muslim father of a sister to be her mahram so that she may travel with him? Or is it such that a non-Muslim cannot be a mahram or walee at all?
Answer: Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]وَلَن يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلاً[/size][/font][/center]
[b]{…And never will Allâh grant to the disbelievers a way (to triumph) over the believers.}[/b] [an-Nisaa 4:141]
When the daughter accepts Islaam there is no relationship between her and her non-Muslim parents except what Allaah سبحانه وتعالى mentions:
[size=+2][font=traditional arabic][center]وَإِن جَاهَدَاكَ عَلى أَن تُشْرِكَ بِي مَا لَيْسَ لَكَ بِهِ عِلْمٌ فَلا تُطِعْهُمَا وَصَاحِبْهُمَا فِي الدُّنْيَا مَعْرُوفاً وَاتَّبِعْ سَبِيلَ مَنْ أَنَابَ إِلَيَّ ثُمَّ إِلَيَّ مَرْجِعُكُمْ فَأُنَبِّئُكُم بِمَا كُنتُمْ تَعْمَلُونَ[/size][/font][/center]
[b]{But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience.
Then to Me will be your return, and I shall tell you what you used to do.}[/b] [Luqmaan 31:15]
So a person deals with them (their parents) with goodness as comes in the Qur’aan and the Sunnah. They are not considered her guardians in Islaam. This issue is mentioned in many texts in the Qur’aan and the Sunnah. I would like to refer you to the book: Ahkaam Ahludh-Dhimmah (أحكام أهل الذمة) of Ibn Qayyim رحمه الله which deals with the issues of a Muslim minority living in the lands of the kuffaar, or the kuffaar minority living in the land of the Muslims; it deals with a minority living in a country where majority is not of the same religion.
The translator reiterated to the Shaykh that the daughter may have had a close relationship with the father before her accepting Islaam, and if she wants to get married he may not want her to get married to that person or he may want her to marry someone else. The Shayk حفظه الله said that the father cannot do that as he has no authority over his daughter as Allaah سبحانه وتعالى said:
[size=+2][font=traditional arabic][center]وَلَن يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلاً[/size][/font][/center]
[b]{…And never will Allâh grant to the disbelievers a way (to triumph) over the believers.}[/b] [an-Nisaa 4:141]
So the father has no wilaayah (guardianship/authority) over her as this has been cut by his kufr (disbelief).
The translator mentioned again that in America once under the age of eighteen (18) a woman cannot marry without permission as she is still considered a child under the guardianship of her parents. For example if a seventeen-year old girl accepts Islaam and wants to get married her father may say no and he may go to the courts in America. So what should we do? The Shaykh حفظه الله said that what should be considered is the legislated marriage contract in Islaam and whatever they do regarding the legislation of the country is not relevant. They can also get married by the State if they want, but what is important is the legislated Islaamic contract.
10. Question: Is it permissible for a Muslimah to travel in a car or bus with other sisters while her mahram travels in a different car.
[indent]Answer: The Prophet صلى الله عليه وسلم said: [color=green][i]“It is not permissible for the woman who believes in Allaah and the last day to travel the distance of a day and night without a mahram.”[/color][/i][10] The mahram must be in the same car as her. If the woman is with other women in another car from her mahram and they decide to take a detour or something happens such that she goes off the path and in another direction, then what is the case at this point where her mahram is not with her? It is appropriate that the mahram is in the same car with her because something can happen to her and he is responsible for her. Even if the mahram is in the car directly in front of her car or directly behind her car, it is still not permissible as the mahram must be in the [b]same[/b] car as he is responsible for her.[/indent]
11. Question: Is my husband’s smoking a valid reason to ask for khul’ (divorce). He has been advised and the smoke makes me sick but he continues to smoke anyway.
[indent]Answer: The Prophet صلى الله عليه وسلم said: [color=green][i]“Any woman who request a khul’ from her husband without a good reason will not smell the fragrance of Jannah.”[/color][/i][11] Based on that, if there is a legitimate, legislated reason for her to seek a khul’ then she is excused and there is no sin upon her as the Prophet صلى الله عليه وسلم said: [color=green][i]“If one comes to you who you are pleased with his Deen and character then marry him...”[/color][/i][12] The man who smokes is weak in his religion and his character and has betrayed his trust to Allaah سبحانه وتعالى, so he does not fulfil the conditions of the hadeeth. So if she request a khul’ then she will not be sinning.[/indent]
12. Question: I have a strong desire to travel to seek knowledge but my wife does not want to go because she has children from a previous marriage and she does not wish to travel with me so can I travel without her?
Answer: It is waajib upon him to seek knowledge which is mandatory to learn; it is waajib upon him to seek knowledge which is [i]Fard ‘Ayn[/i] upon him; and his wife has no right to stop him from seeking that knowledge which is mandatory for him to learn.
He may travel with her and both of them may seek knowledge, and if she refrains from travelling with him then he may divorce her and travel alone to seek knowledge or if it is easier or facilitated for him to get married to someone who will travel with him, then no doubt this is better and complete, and Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً[/size][/font][/center]
[b]{…and whosoever fears Allâh and keeps his duty to Him, He will make his matter easy for him.}[/b] [at-Talaaq 65:4]
<table Border=1 Cellpadding=10>
<TR> <TH COLSPAN=1 BGCOLOR="#87CEFA">[COLOR=RED][B]IMPORTANT POINT[/B]: [/color]</TH>
<TR> <TD BGCOLOR="#E6E6FA"> The Shaykh حفظه الله said he may divorce his wife [u]ONLY[/u] if she stops him from seeking [b]knowledge which is [i]Fard ‘Ayn[/i][/b] (i.e. knowledge which is [b]obligatory[/b] for him to learn).
For a brief explanation of the knowledge which is considered [i]Fard ‘Ayn[/i] you may refer to Question #3 answered during the session on April 1, 2006 – [post=5201]The Four Principles explained by Shaykh al-Ghudyaan[/post].
</TD> </TR>
</table>
[u]References and Notes[/u]
[1] With the following wording Shaykh al-Albaanee رحمه الله says Hasan in Ghaayatul-Maraam, Hadeeth (#219).
[font=traditional arabic][center]إذا أتاكم من ترضون دينه وخلقه فزوجوه إلا تفعلوه تكن فتنة في الأرض وفساد كبير[/font][/center]
[2] Reported in Saheeh al-Bukhaaree, The Book of Marriage (كتاب النكاح), Hadeeth (#4802); and in Saheeh Muslim, The Book of Suckling (كتاب الرضاع), Hadeeth (#1446).
[font=traditional arabic][center]تنكح المرأة لأربع: لمالها ولحسبها وجمالها ولدينها، فاظفر بذات الدين تربت يداك[/font][/center]
[3] Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami’, Hadeeth (#7557).
[font=traditional arabic][center]لا نكاح إلا بولي وشاهدي عدل[/font][/center]
[4] The translator mentions “sunrise time” whereas the Shaykhحفظه الله said طلوع الفجر which indicated when the dawn breaks.
[5] Reported in Saheeh al-Bukhaaree, The Book of Fasting (كتاب الصوم), Hadeeth (#1853) and in Saheeh Muslim, The Book of Fasting (كتاب الصيام), Hadeeth (#1100).
[font=traditional arabic][center]إذا أقبل الليل من ها هنا، وأدبر النهار من ها هنا، وغربت الشمس، فقد أفطر الصائم[/font][/center]
[6] Reported with the following wording in Saheeh al-Bukhaaree, The Book of Marriage (كتاب النكاح), Hadeeth (#4776) and in Saheeh Muslim, The Book of Marriage (كتاب النكاح), Hadeeth (#1401).
[font=traditional arabic][center]جاء ثلاث رهط إلى بيوت أزواج النبي صلى الله عليه وسلم، يسألون عن عبادة النبي صلى الله عليه وسلم، فلما أخبروا كأنهم تقالوها، فقالوا: أين نحن من النبي صلى الله عليه وسلم؟ قد غفر الله له ما تقدم من ذنبه وما تأخر، قال أحدهم: أما أنا فإني أصلي الليل أبدا، وقال آخر: أنا أصوم الدهر ولا أفطر، وقال آخر: أنا أعتزل النساء فلا أتزوج أبدا، فجاء رسول الله صلى الله عليه وسلم فقال: (أنتم الذين قلتم كذا وكذا؟ أما والله أتي لأخشاكم لله وأتقاكم له، لكني أصوم وأفطر، وأصلي وأرقد، وأتزوج النساء، فمن رغب عن سنتي فليس مني [/font][/center]
[7] Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami’, Hadeeth (#5530).
[font=traditional arabic][center]ما أسكر كثيره فقليله حرام[/font][/center]
[8] Reference pending.
The last part of the hadeeth with the following wording found in Ghaayatul-Maraam, Hadeeth (#67) where Shaykh al-Albaanee رحمه الله says Saheeh.
[font=traditional arabic][center]إن الله لم يجعل شفاءكم فيما حرم عليكم[/font][/center]
[9] Reported in Sunan ibn Maajah, 2/1122, Hadeeth (#3381). Shaykh al-Albaanee رحمه الله says Saheeh.
[font=traditional arabic][center]لعن رسول الله صلى الله عليه وسلم في الخمر عشرة عاصرها ومعتصرها والمعصورة له وحاملها والمحمولة له وبائعها والمبيوعة له وساقيها والمستقاة له حتى عد عشرة من هذا الضرب[/font][/center]
[10] Reported in Saheeh Muslim with the following wording in The Book of Hajj (كتاب الحج), Hadeeth (#1339).
[font=traditional arabic][center]لا يحل لإمرأة تؤمن بالله واليوم الآخر، تسافر مسيرة يوم وليلة، إلا مع ذي محرم[/font][/center]
[11] Reported in Sunan Abee Daawood 2/268, Hadeeth (#2226). Shaykh al-Albaanee رحمه الله says Saheeh. See also Saheel al-Jaami’, Hadeeth (#2706).
[font=traditional arabic][center] أيما امرأة سألت زوجها طلاقا في غير ما بأس فحرام عليها رائحة الجنة [/font][/center]
[12] This hadeeth has preceded; see reference [1] above.
by Shaykh Abdullaah al-Ghudyaan,
on Saturday, November 10th, 2007
1. Question: Is it permissible to have a nikaah (marriage) done over the phone?
Answer: The Shaykh حفظه الله began by praising Allaah سبحانه وتعالى as He deserves to be praised and by sending the salaat and salaam upon our Prophet Muhammad صلى الله عليه و سلم, his family members and all his Companions. He then continued:
The Prophet صلى الله عليه وسلم said in an authentic hadeeth: “If one comes to you who you are pleased with his Deen and his uprightness then marry him; if you don’t then there will be fitnah (tribulation) in the earth and much fasaad (corruption).”[1] And, he صلى الله عليه وسلم said: “A woman is married for four things: for her wealth, her lineage, her beauty and her Deen; so marry the woman with the Deen so you will not be humiliated.”[2] He صلى الله عليه وسلم also said “The woman is not married except with a walee and two trustworthy witnesses.”
There is a principle in which the Ulamaa’ say that the private parts of a woman are haraam (prohibited) and it only becomes permissible with the legislated measures as defined by Allaah سبحانه وتعالى and His Messenger صلى الله عليه وسلم. The telephone is not from the legislated means due to the fact that it is possible that lying, ghish (غش – deception) etc. may take place over the telephone. So I see that it is not permissible to conduct a marriage contract over the telephone as there are many things which may take place like lying, deception etc.
2. Question: I would like to know what is the evidence for Allaah سبحانه وتعالى having two eyes?
Answer: The fact that Allaah سبحانه وتعالى has two eyes is affirmed in the texts of the Qur’aan and affirmed in the texts of the Sunnah. All of the evidence which comes in the Qur’aan at the end of the aayaat is from the category of aayaat where Allaah سبحانه وتعالى mentions something about Himself. For example He says:
وَاللَّهُ بِمَا تَعْمَلُونَ بَصِيرٌ
{…And Allâh is All-Seer (knows well) of what you do.}
[al-Baqarah 2:265; aal-Imraan 3:156; al-Anfaal 8:72; al-Hadeed 57:4; al-Mumtahanah 60:3; at-Taghaabun 64:2]
And also:
[size=+2][font=traditional arabic][center]تَجْرِي بِأَعْيُنِنَا[/size][/font][/center]
[b]{Floating under Our Eyes…}[/b] [al-Qamar 54:14]
Therefore, this is not something that is asked about; no one asks about the two eyes of Allaah سبحانه وتعالى as it is well established in the texts of the Qur’aan and the Sunnah.
3. Question: I would like to know how one can determine when it is the last third of the night, in order to make Qiyaamul-Layl in that time?
Answer: It is possible to determine the (length of the) night from the time of sunset to the dawn[4] based on the statement of Allaah سبحانه وتعالى in suratul-Baqarah:
[size=+2][font=traditional arabic][center]وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ[/size][/font][/center]
[b]{…and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)…}[/b] [al-Baqarah 2:187]
The Prophet صلى الله عليه وسلم said: [i]“When night falls from this side and the day vanishes from this side and the sun sets, then the fasting person should break his fast.”[/i][5] So the night begins from the setting of the sun and ends at the break of dawn. The length of the night will differ from place to place and time to time. It is possible for an individual to subdivide the hours from sunset to dawn into three segments. He takes two as the first two-thirds of the night and the third segment will be the last third of the night. For example if the night is determined to be nine (9) hours and six (6) hours have elapsed since sunset, then the last third begins i.e. three (3) hours before the break of dawn.
4. Question: A sister does not want to get married as she is wealthy enough to live on her own or with a girl servant; her brother is her mahram should she wish to travel. Is she sinning by refusing to get married?
Answer: [i]A group of men came to the Prophet صلى الله عليه وسلم. One of them said, “I will not sleep at night.” i.e. he would perform tahajjud. The second said, “I will fast and will not break my fast.” The third said, “I will not eat meat.” And the fourth said, “I will not ever marry women.” Allaah's Apostle came to them and said, “I fast and break my fast, I sleep and I awake and pray, and I eat meat and I marry women. So whoever does not follow my Sunnah (tradition in religion), is not from me (not one of my followers).”[/i] Marriage is a sunnah from the Sunnan of this Sharee’ah. If the woman intentionally leaves off marriage she has abandoned the Sunnah of the Messenger صلى الله عليه وسلم.
5. Question: May you give us some advice on how we should give Da'wah to relatives and friends (Muslims and non-Muslims) who live very far away from us? Would it be a good idea to start with emails of excerpts from books of ‘Aqeedah (Creed) like The Three Fundamental Principles?
[indent]Answer: The [i]‘usl[/i] (foundation) in the [i]Sharee’ah[/i] (Legislation) concerning the ‘means’ ([i]wasaail[/i] – وسائل) is that [b]‘They are permissible.’[/b] This means that an individual uses the resource ([i]waseela[/i] – وسيلة) which brings about the legislated goal/objective. The means of Da’wah are from this affair. The medium of Da’wah may be via the computer, the camera (which displays the images on the computer or a television), writing letters or sending books. All of this is permissible as means of giving Da’wah as it leads to the legislated goal of calling to the Religion of Allaah سبحانه وتعالى.
There is one thing that I would like to draw your attention to, and that is that calling to the Religion of Allaah سبحانه وتعالى requires [i]tadarruj[/i] (تدرج) – a [b]step-by-step approach[/b] and not being hasty. This means that when an individual calls to the Religion of Allaah سبحانه وتعالى he should ensure that his speech ([i]kalaam[/i]) is understood by the one being called. He does not give him what is above his level of understanding because if he begins to do this the one being called will miss the objective which the caller would like him to achieve. The Da’wah of the Prophet صلى الله عليه وسلم lasted for twenty-three (23) years. Within that entire period the Qur’aan was revealed. The Prophet صلى الله عليه وسلم began secretly then there was a turning point at which the Da’wah was given publicly. Thereafter, there was a point when the Muslims gathered strength and began to take back the rights which were unjustly taken from them by those who transgressed against them. After the Muslims got their rights back Allaah سبحانه وتعالى revealed aayaat in the Qur’aan such as:
[color=blue][size=+2][font=traditional arabic][center]فَعَاقِبُواْ بِمِثْلِ مَا عُوقِبْتُم بِهِ[/color][/size][/font][/center]
[center][b]{…then punish them with the like of that with which you were afflicted…}[/b] [an-Nahl 16:126][/center]
[color=blue][size=+2][font=traditional arabic][center]جَزَاءُ سَيِّئَةٍ بِمِثْلِهَا[/color][/size][/font][/center]
[center][b]{…the recompense of an evil deed is the like thereof…}[/b] [Yoonus 10:27][/center]
Then Allaah سبحانه وتعالى legislated [i]jihaad[/i] for the Muslims i.e. fighting in the cause of Allaah. By looking at this we see that the Da’wah of the Prophet صلى الله عليه وسلم was in stages. Likewise, when we call to Allaah, we should ensure that the one being called understands our speech and the objective of what they are being called to.
The translator added that the Shaykh حفظه الله did not mention this, but this is sometimes the case when people use a lot of Arabic terminology when calling the kuffaar (disbelievers), not taking into consideration that they do not speak Arabic and would not understand what is being spoken about. For example, saying “You have to understand [i]Tawheed[/i], you have to understand [i]Shirk[/i]…” and they would not have any idea what you mean. Therefore, the Shaykh’s words must be taken into great consideration.
The Shaykh حفظه الله then ended by saying that we start with ‘Aqeedah i.e. by calling them to the correct understanding of our Creed, that which we believe as Muslims.
[/indent]
6. Question: Can anyone tell me what if any, is the difference between using a street drug like marijuana, as compared to drugs prescribed by the doctor which basically cause the same effect?
Answer: It is well known that the Legislation of Islaam is complete and it is what we return to for all affairs of our life, whether it relates to our Deen or our dunya – our worldly affairs, or our Hereafter. Everything in the life of a Muslim is dealt with in the Legislation. From the other specifics is that it is the same Legislation which we return to for arbitration; we turn to it for ascertaining whether something is halaal (permissible) or haraam (prohibited) as Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]فَلاَ وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّىَ يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُواْ فِي أَنفُسِهِمْ حَرَجاً مِّمَّا قَضَيْتَ وَيُسَلِّمُواْ تَسْلِيماً[/size][/font][/center]
[b]{But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.}[/b] [an-Nisaa 4:65]
There is no doubt qamr i.e. any intoxicant, is haraam. Anything which alters the natural mental state is considered qamr and is haraam from the texts of the Qur’aan, the Sunnah and the Ijmaa’ (Consensus) of the Ulamaa’.
The Prophet صلى الله عليه وسلم said: [i]“That which intoxicates in a large quantity then a little of it is haraam.”[/i][7] and also: [i]“If we were to take medicine to cure our sickness then Allaah will never make the cure for the sickness of His Ummah something which is haraam.”[/i][8] This includes over-the-counter drugs as well as illegal drugs as they may both have the same substances. As Muslims there is no difference between the two; if they contain illegal drugs they are all haraam, whether to consume it, transport it, buy it, sell it etc. – in the particular hadeeth the Prophet صلى الله عليه وسلم cursed ten categories of people.[9] Regardless of where it is sold or what the society determines it to be, we return to the Book and the Sunnah to determine if a thing is halaal or haraam.
7. Question: Can a woman take shahaadah (to enter into Islaam) while she has her period or must she have a ghusl (ritual bath) before pronouncing the shahaadah?
[indent]Answer: As it relates to the menstruating woman, if the opportunity presents itself she should pronounce the [i]Shahaadatayn[/i] (two testimonies of faith) and enter into the fold of Islaam. When her menses stops she should then make ghusl with the intention to: (1) Rid herself of the impurity of menses and (2) Perform the ghusl for entering into Islaam. She doesn’t know if she will live until she becomes pure; therefore, if Allaah has blessed her with the opportunity to accept Islaam she should do so.[/indent]
8. Question: I have a small business, Maashaa-Allaah, and just read that it is obligatory to pay zakaat on merchandise which is meant for sale. What are the conditions for paying zakaat on this type of wealth; and how does one determine the zakaat?
Answer: Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]إِنَّ عِدَّةَ الشُّهُورِ عِندَ اللّهِ اثْنَا عَشَرَ شَهْراً فِي كِتَابِ اللّهِ يَوْمَ خَلَقَ السَّمَاوَات وَالأَرْضَ[/size][/font][/center]
[b]{Verily, the number of months with Allâh is twelve months (in a year), so was it ordained by Allâh
on the Day when He created the heavens and the earth…}[/b] [at-Tawbah 9:36]
When determining whether it is obligatory to pay zakaat on gold, silver or merchandise, a year based on 12 lunar months and not financial months is used. If the businessman purchases goods, then the year starts from the time he is in possession of the goods and not the time that he bought the goods. If he is in possession of it for 12 complete lunar months then zakaat must be extracted.
If he has gold, money or merchandise for example, it must be evaluated or assessed (to determine the value); for all of it one fortieth (1/40) is due. For example, if dealing with money and you have one thousand riyals (SR1,000) at the end of twelve (12) lunar months then you pay twenty-five riyals (SR25); if you have one thousand dollars ($1,000) you pay twenty-five dollars ($25) and this is the way you calculate it.
9. Question: Is it permissible for the non-Muslim father of a sister to be her mahram so that she may travel with him? Or is it such that a non-Muslim cannot be a mahram or walee at all?
Answer: Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]وَلَن يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلاً[/size][/font][/center]
[b]{…And never will Allâh grant to the disbelievers a way (to triumph) over the believers.}[/b] [an-Nisaa 4:141]
When the daughter accepts Islaam there is no relationship between her and her non-Muslim parents except what Allaah سبحانه وتعالى mentions:
[size=+2][font=traditional arabic][center]وَإِن جَاهَدَاكَ عَلى أَن تُشْرِكَ بِي مَا لَيْسَ لَكَ بِهِ عِلْمٌ فَلا تُطِعْهُمَا وَصَاحِبْهُمَا فِي الدُّنْيَا مَعْرُوفاً وَاتَّبِعْ سَبِيلَ مَنْ أَنَابَ إِلَيَّ ثُمَّ إِلَيَّ مَرْجِعُكُمْ فَأُنَبِّئُكُم بِمَا كُنتُمْ تَعْمَلُونَ[/size][/font][/center]
[b]{But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly, and follow the path of him who turns to Me in repentance and in obedience.
Then to Me will be your return, and I shall tell you what you used to do.}[/b] [Luqmaan 31:15]
So a person deals with them (their parents) with goodness as comes in the Qur’aan and the Sunnah. They are not considered her guardians in Islaam. This issue is mentioned in many texts in the Qur’aan and the Sunnah. I would like to refer you to the book: Ahkaam Ahludh-Dhimmah (أحكام أهل الذمة) of Ibn Qayyim رحمه الله which deals with the issues of a Muslim minority living in the lands of the kuffaar, or the kuffaar minority living in the land of the Muslims; it deals with a minority living in a country where majority is not of the same religion.
The translator reiterated to the Shaykh that the daughter may have had a close relationship with the father before her accepting Islaam, and if she wants to get married he may not want her to get married to that person or he may want her to marry someone else. The Shayk حفظه الله said that the father cannot do that as he has no authority over his daughter as Allaah سبحانه وتعالى said:
[size=+2][font=traditional arabic][center]وَلَن يَجْعَلَ اللَّهُ لِلْكَافِرِينَ عَلَى الْمُؤْمِنِينَ سَبِيلاً[/size][/font][/center]
[b]{…And never will Allâh grant to the disbelievers a way (to triumph) over the believers.}[/b] [an-Nisaa 4:141]
So the father has no wilaayah (guardianship/authority) over her as this has been cut by his kufr (disbelief).
The translator mentioned again that in America once under the age of eighteen (18) a woman cannot marry without permission as she is still considered a child under the guardianship of her parents. For example if a seventeen-year old girl accepts Islaam and wants to get married her father may say no and he may go to the courts in America. So what should we do? The Shaykh حفظه الله said that what should be considered is the legislated marriage contract in Islaam and whatever they do regarding the legislation of the country is not relevant. They can also get married by the State if they want, but what is important is the legislated Islaamic contract.
10. Question: Is it permissible for a Muslimah to travel in a car or bus with other sisters while her mahram travels in a different car.
[indent]Answer: The Prophet صلى الله عليه وسلم said: [color=green][i]“It is not permissible for the woman who believes in Allaah and the last day to travel the distance of a day and night without a mahram.”[/color][/i][10] The mahram must be in the same car as her. If the woman is with other women in another car from her mahram and they decide to take a detour or something happens such that she goes off the path and in another direction, then what is the case at this point where her mahram is not with her? It is appropriate that the mahram is in the same car with her because something can happen to her and he is responsible for her. Even if the mahram is in the car directly in front of her car or directly behind her car, it is still not permissible as the mahram must be in the [b]same[/b] car as he is responsible for her.[/indent]
11. Question: Is my husband’s smoking a valid reason to ask for khul’ (divorce). He has been advised and the smoke makes me sick but he continues to smoke anyway.
[indent]Answer: The Prophet صلى الله عليه وسلم said: [color=green][i]“Any woman who request a khul’ from her husband without a good reason will not smell the fragrance of Jannah.”[/color][/i][11] Based on that, if there is a legitimate, legislated reason for her to seek a khul’ then she is excused and there is no sin upon her as the Prophet صلى الله عليه وسلم said: [color=green][i]“If one comes to you who you are pleased with his Deen and character then marry him...”[/color][/i][12] The man who smokes is weak in his religion and his character and has betrayed his trust to Allaah سبحانه وتعالى, so he does not fulfil the conditions of the hadeeth. So if she request a khul’ then she will not be sinning.[/indent]
12. Question: I have a strong desire to travel to seek knowledge but my wife does not want to go because she has children from a previous marriage and she does not wish to travel with me so can I travel without her?
Answer: It is waajib upon him to seek knowledge which is mandatory to learn; it is waajib upon him to seek knowledge which is [i]Fard ‘Ayn[/i] upon him; and his wife has no right to stop him from seeking that knowledge which is mandatory for him to learn.
He may travel with her and both of them may seek knowledge, and if she refrains from travelling with him then he may divorce her and travel alone to seek knowledge or if it is easier or facilitated for him to get married to someone who will travel with him, then no doubt this is better and complete, and Allaah سبحانه وتعالى says:
[size=+2][font=traditional arabic][center]وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً[/size][/font][/center]
[b]{…and whosoever fears Allâh and keeps his duty to Him, He will make his matter easy for him.}[/b] [at-Talaaq 65:4]
<table Border=1 Cellpadding=10>
<TR> <TH COLSPAN=1 BGCOLOR="#87CEFA">[COLOR=RED][B]IMPORTANT POINT[/B]: [/color]</TH>
<TR> <TD BGCOLOR="#E6E6FA"> The Shaykh حفظه الله said he may divorce his wife [u]ONLY[/u] if she stops him from seeking [b]knowledge which is [i]Fard ‘Ayn[/i][/b] (i.e. knowledge which is [b]obligatory[/b] for him to learn).
For a brief explanation of the knowledge which is considered [i]Fard ‘Ayn[/i] you may refer to Question #3 answered during the session on April 1, 2006 – [post=5201]The Four Principles explained by Shaykh al-Ghudyaan[/post].
</TD> </TR>
</table>
[u]References and Notes[/u]
[1] With the following wording Shaykh al-Albaanee رحمه الله says Hasan in Ghaayatul-Maraam, Hadeeth (#219).
[font=traditional arabic][center]إذا أتاكم من ترضون دينه وخلقه فزوجوه إلا تفعلوه تكن فتنة في الأرض وفساد كبير[/font][/center]
[2] Reported in Saheeh al-Bukhaaree, The Book of Marriage (كتاب النكاح), Hadeeth (#4802); and in Saheeh Muslim, The Book of Suckling (كتاب الرضاع), Hadeeth (#1446).
[font=traditional arabic][center]تنكح المرأة لأربع: لمالها ولحسبها وجمالها ولدينها، فاظفر بذات الدين تربت يداك[/font][/center]
[3] Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami’, Hadeeth (#7557).
[font=traditional arabic][center]لا نكاح إلا بولي وشاهدي عدل[/font][/center]
[4] The translator mentions “sunrise time” whereas the Shaykhحفظه الله said طلوع الفجر which indicated when the dawn breaks.
[5] Reported in Saheeh al-Bukhaaree, The Book of Fasting (كتاب الصوم), Hadeeth (#1853) and in Saheeh Muslim, The Book of Fasting (كتاب الصيام), Hadeeth (#1100).
[font=traditional arabic][center]إذا أقبل الليل من ها هنا، وأدبر النهار من ها هنا، وغربت الشمس، فقد أفطر الصائم[/font][/center]
[6] Reported with the following wording in Saheeh al-Bukhaaree, The Book of Marriage (كتاب النكاح), Hadeeth (#4776) and in Saheeh Muslim, The Book of Marriage (كتاب النكاح), Hadeeth (#1401).
[font=traditional arabic][center]جاء ثلاث رهط إلى بيوت أزواج النبي صلى الله عليه وسلم، يسألون عن عبادة النبي صلى الله عليه وسلم، فلما أخبروا كأنهم تقالوها، فقالوا: أين نحن من النبي صلى الله عليه وسلم؟ قد غفر الله له ما تقدم من ذنبه وما تأخر، قال أحدهم: أما أنا فإني أصلي الليل أبدا، وقال آخر: أنا أصوم الدهر ولا أفطر، وقال آخر: أنا أعتزل النساء فلا أتزوج أبدا، فجاء رسول الله صلى الله عليه وسلم فقال: (أنتم الذين قلتم كذا وكذا؟ أما والله أتي لأخشاكم لله وأتقاكم له، لكني أصوم وأفطر، وأصلي وأرقد، وأتزوج النساء، فمن رغب عن سنتي فليس مني [/font][/center]
[7] Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami’, Hadeeth (#5530).
[font=traditional arabic][center]ما أسكر كثيره فقليله حرام[/font][/center]
[8] Reference pending.
The last part of the hadeeth with the following wording found in Ghaayatul-Maraam, Hadeeth (#67) where Shaykh al-Albaanee رحمه الله says Saheeh.
[font=traditional arabic][center]إن الله لم يجعل شفاءكم فيما حرم عليكم[/font][/center]
[9] Reported in Sunan ibn Maajah, 2/1122, Hadeeth (#3381). Shaykh al-Albaanee رحمه الله says Saheeh.
[font=traditional arabic][center]لعن رسول الله صلى الله عليه وسلم في الخمر عشرة عاصرها ومعتصرها والمعصورة له وحاملها والمحمولة له وبائعها والمبيوعة له وساقيها والمستقاة له حتى عد عشرة من هذا الضرب[/font][/center]
[10] Reported in Saheeh Muslim with the following wording in The Book of Hajj (كتاب الحج), Hadeeth (#1339).
[font=traditional arabic][center]لا يحل لإمرأة تؤمن بالله واليوم الآخر، تسافر مسيرة يوم وليلة، إلا مع ذي محرم[/font][/center]
[11] Reported in Sunan Abee Daawood 2/268, Hadeeth (#2226). Shaykh al-Albaanee رحمه الله says Saheeh. See also Saheel al-Jaami’, Hadeeth (#2706).
[font=traditional arabic][center] أيما امرأة سألت زوجها طلاقا في غير ما بأس فحرام عليها رائحة الجنة [/font][/center]
[12] This hadeeth has preceded; see reference [1] above.