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  1. The Question of Raf-ul-Yadain (Raising the Hands in Salaah) THE HANAFI VIEW Published by theMajlis.net INTRODUCTION In recent times there has sprung up a sect which has styled itself with the misleading title Salafis . The salient feature of the members of this sect is their venom for Taqleed or the Islamic concept of following the illustrious Aimmah-e-Mujtahideen . While they in general denounce all the Math-habs, they entertain a special aversion for Hadhrat Imaam A'zam Abu Hanifah (rahmatullah alayhi). The main item of the Salafi prpaganda is to disseminate the idea that a great part of the Hanafi teachin is the product of Imaam Abu Hanifah's opinion. They baselessly and maliciously claim that there is neither Qur'aanic nor Hadith evidence for many of the teachings of the Hanafi Math-hab. In fact, they perpetrate the slander of falsely claiming that many of Imaam Abu Hanifah's teachings are in open conflict with the Ahaadith of Rasulullah (salallahu alayhi wassallam). One such false accusation pertains to the practice of Rafa' Yadain . Rafa' Yadain in the context of this treastise is the practice of raising both hands before and after ruku' during Salaat. The modernist misguided and ignorant Salafis content that the Hanafi Math-hab has no narrational evidence for this practice which according to them is purely the product of Imaam Abu Hanifah's opinion. They seek to bamboozle ignorant and unwary people by summarily dismissing as weak and fabricated the Ahaadith which the Hanafis present as the basis of their view. The aim of this treatise is only to expose the falsity of the Salafi charge. The purpose of this treatise is not to refute the Shaafi practice of Rafa' Yadain . The Ahlus Sunnah Wal Jama'ah comprises the four Math-hab ? Hanafi, Shaafi, Maaliki, and Hambali. All four are on the Haqq (Truth) nothwithstanding differences. This treastise is not an attempt to show that the Shaafi practice of Rafa' Yadain is baseless. Far from it. Both Math-habs ? in fact all four Math-habs ? have their respective Qur'aanic and Hadith proofs for their teachings. Thus, the attempt is not to wean followers of the other Mathaa-hib form their Math-habs. The aim is not to convince Shaafis or Hambalis to renounce their practices of Rafa' Yadain . Our prupose is merely to expose the falsity of the Salafis and to debunk their baseless charge against the Hanafi Math-hab. Rasulullah (salallahu alayhi wassallam) has warned that the Ummah will be split into 73 sects, of which 72 will be assigned to Jahannum. Only one sect - the Ahlus Sunnah Wal Jama'ah, viz., the followers of the four Math-habs is today's context ? will be the Naaji (saved) group. These modernist Salafis who are anti-Math-hab, are within the fold of the 72 doomed sects. The common factor of all the 72 doomed sects is their aversion for the Salf-e-Saaliheen ? the Pious Predecessors who lived in the first three initial epochs of Islam known as Quroon-e-Thalaathah. The Imaam of the Math-habs are of this glorious age. Insha'Allah, we shall from time to time publish booklets and articles to expose the deviation of the modernist Salafi group and to prove that all teachings of the Hanafi Math-hab are the products of the Qur'aan and Sunnah. NARRATIONAL EVIDENCE PART1 NARRATIONAL EVIDENCE PART2 CONCLUSION
  2. At the outset, we wish to point out that we subscribe to the belief of Taqleed. People have a misconception that when a person prescribes to Taqleed and he follows a Mazhab, then he is leaving the Quran and Sunnah. That is not so. The four Imams are guides due to their deep knowledge and insight of the Quran and Hadith. The following is a brief discussion on Raful Yadayn. As followers of the Hanafi Madhab, we prefer not to practice Raful Yadayn. All the Fuqaha accept Raful Yadain at the beginning of Salaah unanimously. Raful Yadain while going into sajdah and coming up from sajdah is unanimously not permissible. Raful Yadain at the time of going into ruku and coming up from ruku is the subject of discussion. The Shafi and Hambali Mazhabs state that there is Raful Yadain when going into ruku and when coming up from ruku. The Maliki and Hanafi mazhabs state that there is no Raful Yadain at these instances when going into ruku and when coming up from ruku. The differences of opinion is based upon which of the two is more virtuous. According to all mazhabs, both, making Raful Yadain and leaving out Raful Yadain, is permissible. It is unfortunate that we find extremists from both, the Hanafi and Shafee Mazhabs, claiming that Raful Yadain is makrooh and wajib respectively. The Shafee and Hambali Mazhabs substantiate the following: Salim narrates from his father Abdullah ibn Umar (RA) that Rasulullah (Salla Allahu Alayhi wa sallam) used to raise his hands in line with his shoulders when he commenced salaah and when he used to make Takbeer for Ruku and when he used to raise his head from ruku, he used to raise his hands in the same manner. He used to say 'Samia Allahu liman Hamidah Rabanna Lakal Hamd' And he should not do this (raise his hands) going into sajdah. (Bukhari vol. 1 pg. 102 Chapter of Raful Yadain fit Takbeeratul Oola Ma'a Iftitahi Sawaa'an) Salim narrates from his father, Ibn Umar who said, I saw Rasulullah (Salla Allahu alayhi wa sa;llam) when he commenced salaah, he raised his hands in line with his shoulders and before he went into ruku and when he came up from ruku. He should not raise his two hands between the two sajdas. (Muslim vol. 1 pg. 168 Chater Istihbab Rafil Yadain Hadhwal Mankibaihi Ma'a Takbeeratil Ihraam wa Ruku?in wa Fir rafi' minar Ruku'I wa innahu la yafaluhu izha rafaa mina sujoodi) The Hanafi and Maliki Mazhabs substantiate with the following: Alqama narrates that Abdullah bin Masood said, Should I not show you the salaah of Rasulullah (Salaa Allahu alayhi wa sallam). Then he performed and he did not raise his hands except the first time (at Takbeer Oola). This Hadith is absolutely clear and Sahih. (Tirmidhi vol. 1 pg. 58) In this Hadith the reliability of Asim bin Kulaib is brought to question. Asim bin Kulaib is a narrator of Muslim and he is reliable. This Hadith has also been narrated from another chain of narrators, thus consolidating the hadith. 2) Barah ibn Azib (RA) narrates that when Nabi (Salla Allahu alayhi wa saalam), used to commence salah he used to raise his hands close to his ears then he should not repeat it (Raful Yadain). (Abu Dawood vol. 1 pg. 109) Abu Dawood has said that this hadith is not authentic. It should be born in mind that Abu Dawood has narrated this Hadith with three different chains of narrators. The narrator upon whom the objection is raised is Muhamad ibn Abdur Rahman ibn Abi Lailah. He is a weak narrator. With regards to the other two chains of this Hadith, Imam Abu Dawood has not mentioned anything. According to the principles that Abu Dawood has set down in his book is whenever he does not mention anything regarding a Hadith then it will sound and authentic. 3) Abdullah ibn Abbas (RA) narrates that Nabi (Salla Allahu alayhi wa sallam) used to raise his hands in seven places, at the beginning of salah, when making Istiqbal of the Ka'ba, at Safa and Marwa, during Wuqoof (Arafah & Muzdalifah), and at Hajrah Aswad. (Majmauz Zawaid vol. 2 pg. 103) The two Ahadith of Ibn Umar (RA) mentioned in the beginning of this article substantiating the claim for Raful Yadain are Sahih. It has a very strong chain of narrators. In spite of this the Hanafi mazhab does not give preference to this narration due to some contradictions. ibn Umar (RA) narrates that Raful Yadain takes place only at the beginning of Salaah. (Mudawinatul Kubra vol. 1 pg. 71) Imam Malik (RA) has mentioned in his Muwatta from ibn Umar (RA) that Rasulullah (Sallah Allahu alayhi wa sallam) used to raise his two hands in line with his shoulders when beginning Salaah and when he used to raise his head from Ruku he used to raise his hands in a similar manner. (Muwatta Imam Malik pg. 59 Iftitahus Salaah) In the six most authentic books of Hadith, the narrations of ibn Umar (RA) have been mentioned in which Raful Yadain has been mentioned at the time of Takbeer Oola, Ruku and coming up from Ruku. Raful Yadain occurred in four places, in the beginning of salaah, going into Ruku, coming up from Ruku and when getting up from the Qaidah Oola. (Babur Raful Yadain iza Qaama minar Rakataini vol. 1 pg. 102) ibn Umar narrates that there ids Raful yadayn at the time of going into Sajdah. (Juz Raful Yadain) These are some of the contradictions and inconsistencies of the narrations of Abdullah ibn Umar; it is therefore better to leave out Raful Yadain. Furthermore, the narration of leaving out Raful Yadain is more in accordance with the Holy Quran. The Holy Quran mentions, 'Stand before Allah with a devout frame of mind (2:238). This verse advises that a person stands before Allah with total concentration and that a person makes the least amount of movements so that his concentration does not waiver. The narration of ibn Masood (RA) has no inconsistencies and nowhere has it been narrated that he practiced against what has been narrated from him, as is the case in the narrations of ibn Umar (RA). Many senior Sahaaba should not make Raful Yadayn. In Sharhul Maanil Aathar (Tahawi), it is narrated from Aswad (RA) that I have seen Umar (RA) raising his hands in the first Takbeer and then he did not repeat thereafter. It is also mentioned that Ali (RA) used to raise his hands in the first Takbeer of salaah and thereafter not raise his hands. In the same manner, it is narrated from Ibrahim that he said that Abdullah ibn Masood (RA) would not raise his hands for anything in Salah except in the beginning of salaah. (Babut Takbeer lir Ruku'I wat Takbeer lis Sujood war Raf minar Ruku hal ma'a zalika rafun am laa vol. 1 pg. 164) Umar, Ali, Abdullah ibn Massood (RA) were the Fuqahaa of the Sahabah who, with out a doubt, had the most understanding of Din and these illustrious companions of Rasulullah (Salla Allahu alayhi wa sallam) left out the practice of Raful Yadain. Many of the other illustrious companions as well as Tabi?een used to leave out the practice of Raful Yadain. Nabi (Salla Allahu alayhi wa sallam) has mentioned that those who are adults and those who have understanding of deen should be close to me. Who would know better about the Salaah of Rasulullah (Salla Allahu alayhi wa sallam) that these senior Sahabah? The two great seats of knowledge in the Islamic world, Madinah Munawwarah and Kufa, practiced upon leaving out Raful Yadain. In Bidayatul Mujtahid, Allamah Rashid (RA) has written that Imam Malik (RA) had chosen to leave out Raful Yadain when he saw that the practice of the people of Madinah was to leave out the practice of Raful Yadain. The people of Kufa also did not practice upon Raful Yadain. Mohammad bin Nasr Marwazi Shafi had written that no city was as unanimous on leaving out Raful Yadain as the people of Kufa. Hence, when these two great seats of knowledge did not practice upon this, Tawatur Amali is also established. Once in Makka Mukarrama, Imam Abu Hanifa (RA) and Imam Awzaai, two illustrious Ulama met and discussed Raful Yadain. Imam Awzaai mentioned to Imam Abu Hanifa, what is wrong with the people of Kufa that they do not raise their hands in Salaah at the time of Ruku and at the time of coming up from Ruku? Imam Abu Hanifa (RA) answered that there is nothing authentic from Rasulullah (Salla Allahu alayhi wa sallam) regarding Raful Yadain. Upon this Imam Awzaai (RA) countered that Zuhri has narrated to me on the authority of Salim and he on the authority of his father (Ibn Umar) that Nabi (Salla Allahu alayhi wa sallam) used to raise his hands when he commenced Salaah and at the time of Ruku and at the time of coming up from Ruku. Upon this , Imam Abu Hanifa (RA) countered that Hammad (RA) narrated on the authority of Ibrahim, he on the authority of Alqama and he on the authority of Ibn Massood that Nabi (Salla Allahu alayhi wa sallam) did not raise his hands except at the time of beginning Salaah and he should not repeat anything of this (Raful Yadain). Upon this narration, Imam Awzaai commented that I have narrated to you from the authority Zuhri from Salim from his father and you have narrated from Hammad from the authority of Ibrahim. The objection of Imam Awzaai was that his chain of narrators was more higher because in his chain of narrators right until the Sahabi there were only two mediums, Zuhri and Salim; in Imam Abu Hanifa's (RA) chain, there were three mediums, Hammad, Ibrahim and Alqama. The narration of O'zaee should be preferred. Upon this Imam Abu Hanifa (RA) answered that Hammad was a greater Faqih (scholar) than Zuhri and that Ibrahim was a greater Faqih than Salim and that Alqama was not less in knowledge and understanding than Ibn Umar, although Ibn Umar (RA) had the companionship and virtue. Upon this Imam O'zaee kept quiet. Imam Sarakhsi and Sheikh Ibn Humam (RA), after narrating this incident have written that Imam Abu Hanifa (RA) had preferred his narration because of the understanding (faqaahat) of the narrators. (Mabsoot of Imam Sarakhsi vol. 1 pg 14 & Fathul Qadeer of Ibn Humam vol. 1 pg. 219) Abu Nuaim had mentioned in Hilyatul Auliya (vol. 2 pg. 98) that it is narrated from Qaboos bin Abu Dhibyan, that I asked my father the reason he used go to Alqama and leave the companions of Nabi (Salla Allahu alayhi wa sallam). Abu Dhibyan answered, I have seen the companions of Nabi (Salla Allahu alayhi wa sallam) asking Alqama and seeking Fatwas from him. The deep insight of Alqama is understood from this. We also have to consider that Imam Abu Hanifa (RA) had given preference to that narration where the narrators had more knowledge and understanding than that narration which had fewer narrators. The point of preference is understood from what Nabi (Salla Allahu alayhi wa sallam) has mentioned that there are some narrators of knowledge who narrate their knowledge to those who have more understanding than them. The deep insight in knowledge is a quality, which is desired, and a point of preference. (Riyadhus Saliheen – Kitabul Ilm Hadith 1389 & Tirmidhi Hadith 2659 Babu Ma Ja'a fil Hathi Ala Tableeghi As Simaai vol. 2 pg. 94)) and Allah Ta’ala Knows Best Mufti Ebrahim Desai Source
  3. Question I want to ask what is right, should we do rafa῾yadain or not? Answer In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. According to the Hanafi Mazhab (school of thought), it is preferable not to do Rafa῾yadain (raising the hands) in other postures except for takbēr- e- tahrīmah. However, if one does so, then it is permissible. The other Mazhabs’ Shafī῾,Maliki and Hanbali prefers doing Rafa῾yadin in other postures as well as during takbēr- e- tahrīmah. The founders of each of the four Mazhab were authorities in all aspects of Deen. Every ruling is well substantiated with Qurān, Hadith and the different sciences. Every person who adheres to a Mazhab should follow the ruling of his Mazhab. No person following his Mazhab should be reproached. And Allah Ta’āla Knows Best Mufti Zaid Mohammed Shelia, Student Darul Iftaa USA Checked and Approved by, Mufti Ebrahim Desai. www.daruliftaa.net
  4. Rafa-ul-Yadain is the raising of the hands in Salaah. Unfortunately many heated discussions take place regarding whether one raises the hands only once in the beginning of Salaah or also at the time of going into ruku and coming up from ruku. Before posting more in depth articles on the subject, we would like to highlight the following: The Shafi and Hambali Madhabs state that there is Raful Yadain when going into ruku and when coming up from ruku. The Maliki and Hanafi madhabs state that there is no Raful Yadain at these instances when going into ruku and when coming up from ruku. Therefore the issue of rafaul yadain is not of permissibility (Whether it is permissible or not). It's simply an issue of virtue (afdhal) (i.e. which is better).
  5. Travelling without a Mahram: Why do Muslim women do it - See HERE Can Women Travel Without A Mahram? (In-Depth Answer) - See HERE
  6. Travelling without a Mahram for delivery of child Q: I live in China and I have to work here till February next year insha Allah. My wife is pregnant and its becoming difficult for her to manage here alone and she wants to go back to India for the delivery of the child, the reason being her loneliness and bepardagi (Hijaab) because of male doctors. Its expensive for me to go with her and then come back and join my job here in China. Is there any relaxation in sending her alone through some direct airline? I would take her to the airport in Burqah and she will be picked up by her relatives there in India. Can my wife travel alone? A: Severe warnings have been sounded in the Ahaadith for a woman travelling without a mahram. Though you will leave her at the airport and she will be picked up by her relatives in India, however since she is travelling throughout the journey without a mahram, it is impermissible. عن ابن عمر رضي الله عنهما أن النبي صلى الله عليه وسلم قال لا تسافر المرأة ثلاثة أيام إلا مع ذي محرم (بخاري #1086) Hazrat Abdullah bin Umar (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said: "It is impermissible for a woman to travel for the distance of safar except in the case where she is accompanied by a mahram." (Bukhaari #1086) عن أبى سعيد قال قال رسول الله صلى الله عليه وسلم لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر سفرا فوق ثلاثة أيام فصاعدا إلا ومعها أبوها أو أخوها أو زوجها أو ابنها أو ذو محرم منها (أبو داود رقم 1728 - ترمذي رقم 1169) Hazrat Abu Saeed (Radiyallahu Anhu) reports that Nabi (Sallallahu Alaihi Wasallam) said: "It is not permissible for a woman who believes in Allah Ta’ala and the day of qiyamat to travel for the distance of safar or more without a mahram. However if she travels with her father, brother, husband, son or any other mahram, it will be permissible." (Tirmizi #1169, Abu Dawood #1728) وعن ابن عمر قال : قال رسول الله صلى الله عليه و سلم سفر المرأة مع عبدها ضيعة (مجمع الزوائد #5302) Hazrat Abdullah bin Umar (Radiyallahu Anhu) reports that Rasulullah (Sallallahu Alayhi Wasallam) said: "A woman travelling with her slave (or any other na mahram) is destruction to her Deen." (Majmuz Zawaaid #5302) And Allah Ta'ala (الله تعالى) knows best. الحرة لا تسافر ثلاثة أيام بلا محرم (رد المحتار ​6/390) ( و ) مع ( زوج أو محرم ) ولو عبدا أو ذميا أو برضاع ( بالغ ) قيد لهما كما في النهر بحثا ( عاقل والمراهق كبالغ ) جوهرة ... لامرأة حرة ولو عجوزا في سفر و قال في الشامي​ة : قوله ( حرة ) ... أشار به إلى أن ما استفيد من المقام من عدم جواز السفر للمرأة إلا بزوج أو محرم خاص بالحرة, قوله ( في سفر ) هو ثلاثة أيام ولياليها (رد المحتار 2/464) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)
  7. Assalaamu 'alaykum Haya I haven't forgotten this topic. I did search and find a couple more examples but am not sure of the source. Also since there is much more to Qiyas than what is posted here,I found it hard to understand some of the information. InshaAllah if I can find someone to explain and give more examples I will post here
  8. By Ebrahim Saifuddin Allah سبحانه و تعالى has tested the people of the past in various ways and will keep on testing His creation. He has informed us about these tests in the Quran. Our beloved Prophet Muhammad ﷺ also informed us that Allah سبحانه و تعالى will test us from time to time. Sometimes hardships and losses occur in life due to our sins. To wash of these sins in this world, Allah سبحانه و تعالى inflicts upon us these hardships: Narrated by 'Ayesha: Allah’s Apostle ﷺ said, “No calamity befalls a Muslim but that Allah expiates some of his sins because of it, even though it were the prick he receives from a thorn.” (Sahih Bukhari Vol. 7, Book 70, #544) And again by a different narrator: Narrated by Abu Said Al-Khudri and Abu Huraira: The Prophet ﷺ said, “No fatigue, nor disease, nor sorrow, nor sadness, nor hurt, nor distress befalls a Muslim, even if it were the prick he receives from a thorn, but that Allah expiates some of his sins for that.” (Sahih Bukhari Vol. 7, Book 70, #545) Paying for sins in this world is much easier than paying in the Hereafter. It is a blessing in disguise which Allah سبحانه و تعالى bestows upon us and saves us from the payment of these sins in the Hereafter. The Quran informs us what to do when we face these tests in our life and also tells us about the reward that we will receive if we are successful in dealing with the situation in the way we are expected to: Be sure we shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently persevere, Who say, when afflicted with calamity: “To Allah We belong, and to Him is our return”:- They are those on whom (Descend) blessings from Allah, and Mercy, and they are the ones that receive guidance. – [Quran 2:155-157] We are to be patient during hard times and always remember that Allah سبحانه و تعالى is the Creator of everything and We all will return to Him. No deed is lost in front of Allah and we will be rewarded for even the minutest good that we ever did do. Trials afflicting us can be signs of His Love. It is narrated that Prophet Muhammad ﷺ said: Narrated By Abu Huraira: Allah’s Apostle ﷺ said, “If Allah wants to do good to somebody, He afflicts him with trials.” (Sahih Bukhari Vol. 7, Book 70, #548) Misfortune can bring a person towards the right path. It can make better Muslims out of people. Observing patience, remembering Allah سبحانه و تعالى and turning only to Him for help and guidance during such times, will help us attain Allah’s forgiveness and His rewards. Allah سبحانه و تعالى tests man through various agencies, both through adversity and prosperity. A person with a luxurious life is tested to see how much he spends in the way of Allah سبحانه و تعالى and how much he is thankful to Allah سبحانه و تعالى for the blessings bestowed upon him. Another can be tested by the things he desires but does not and/or cannot possess. What do these people do is actually their test. Does the person deviate from the way of Allah سبحانه و تعالى to pursue the worldly gains? Every soul shall have a taste of death: and We test you by evil and by good by way of trial. To Us must ye return. [Quran 21:35] The Quran reminds us that in periods of hardships, we are to remain patient, remember Allah, and protect ourselves from committing that which is declared unlawful by Allah سبحانه و تعالى: Ye shall certainly be tried and tested in your possessions and in your personal selves; and ye shall certainly Hear much that will grieve you, from those who received the Book before you and from those who worship many gods. But if ye persevere patiently, and guard against evil,-then that will be a determining factor in all affairs. – [Quran 3:186] An important thing that we should always remember is that everyone is tested. If we declare that we are Muslims, that does not mean that we will not be tested in this world. The Quran is very clear on this issue: Do men think that they will be left alone on saying, “We believe”, and that they will not be tested? – [Quran 29:2] One should not think or feel that he is the only unique person going through such times or that Allah سبحانه و تعالى is displeased with him. Every single person faces difficulties to the best of their capacity. Surely Allah is not unjust and does not over burden a soul: On no soul doth Allah Place a burden greater than it can bear – [Quran 2:286] This world is an abode for tests and one should not deny or avoid these but should face them and pass them successfully. A person can be put into hardships for a number of reasons and we might not know those reasons when undergoing a certain loss but what we must do is always remember Allah سبحانه و تعالى, be patient, abstain from what is unlawful, give charity and ask Him to help ease out our hard times. If we do fail to do this then we should turn to Allah سبحانه و تعالى and ask for forgiveness. Allah سبحانه و تعالى is Most Merciful and InshaAllah He will forgive us for the wrong that we do. Source
  9. Women performing salaah in the Haram of Makkah Question I recently attended a Hajj workshop where we were informed that women when praying in Makkah in the Haram should not find herself praying next to another man, be it her husband or a stranger, because she would invalidate his Salaat by praying next to him. She should find an empty spot within the haram or find herself amongst a group of ladies and make her Salaat there or make her Salaat in the hotel as this gives more privacy. Before this, I used to hear that for the purpose of Hajj, Makkah is the only place where it is permissible for men and women to pray side by side since this is inevitable due to the millions of people performing hajj and praying at the same time in one place. Can you please explain the ruling with regards to women praying 5 times Salaat or any Salaat in the haram whilst performing hajj? Answer The Haram of Makka is open for both males and females to perform Salaah. However, the rules pertaining to forming the lines etc. still remain. Hence, just as it would not be allowed for men and women to perform Salaah side by side in normal cases, so too, in the haram it will not be allowed. It is for this reason, we see that in the haram, special places are allocated for women to perform Salaah. Women who find themselves performing Salaah among the males are moved by the security officers of the haram. A woman must therefore find a private place where women would normally perform their Salaah, and perform her Salaah at that place. We have seen that the security officers are harsh on women who do not follow this rule. Even though there is a massive crowd in the haram, it does not mean that a woman will perform Salaah side by side to a man. Even in this situation, women are still allotted their space and area for Salaah (where men are not allowed to perform their Salaah with the females). If the situation is that it becomes difficult to do the right thing, then you can wait to perform the Salaat when the crowd has eased-up or you can perform it in the room of the hotel. And Allah knows best. Mufti Waseem Khan
  10. Is It Permissible For A Woman To Wear Jewellery In The State Of Ihram? Question:Is it permissible for a woman to wear jewellery, socks, or gloves in the state of Ihram? Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. It is permissible for women to wear jewellery, socks and gloves in the state of Ihram but this is undesirable.(Mu’allimul Hujjaj pg 124) And Allah knows best; Mufti Ebrahim Desai Idealwoman.org
  11. Covering The Face Of A Woman In The State Of Ihram Q/A HERE...
  12. Taking Contraceptive Pills In Hajj HERE...
  13. How much hair does a female required to cut? During umrah or hajj, how much hair does a female required to cut? Also, if a woman is performing umrah and she gets on her period a) during tawaf is her umrah accepted b) if she gets on her period after tawaf right before going to safa and marwah is her umrah accepted? Answer (Fatwa: 1051/1051/M=1431) (1) It will be cut equal to the tip of finger (equal to one third of a finger). (2) It is necessary for the woman to abandon the tawaf in such state, and perform it after the menstruation stops; because tawaf is not lawful in the state of menstruation. (3) She can do Sa’i between Safa and Marwah in the state of menstruation. In-sha-Allah, her Umrah will be accepted. Allah (Subhana Wa Ta’ala) knows Best Darul Ifta, Darul Uloom Deoband **************************** Question: I wanted to know that do women need to cut 1 inch of all the hairs after performing Umrah or only cutting an inch of a bundle of hair will suffice? My wife has quite small hair. That is why she is worried a lot. Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. When a woman comes out of Ihrām, she should cut her hair from all the strands of her plaits (hanging hair) equivalent to 1/3 of a finger. The 1/3 of the finger is measured as the area from the fingertip till the first joint from the three joints of the finger. This is the preferred method of cutting hair. However, if a woman wishes to cut this amount (1/3 of the finger) from ¼ of the hair strands of her plaits, this is sufficient. This is by dividing her plaits (hanging hair) into four equal portions and cutting one portion the measure of 1/3 of a finger as explained above. [1] Nevertheless, it is better to cut slightly more than this measure to ensure that the required amount is cut. [2] And Allah Ta’āla Knows Best Mufti Ebrahim Desai. Ideal Woman
  14. Are Women Required to Wear Certain Types of Clothing and Colors During Umrah and Hajj? Answered by Sidi Faraz A. Khan Question: Is there any fiqh recommendation on what color to wear in umrah (for women)? Is there any requirement as to the type of clothes and shoes to be worn? Answer: Assalamu alaikum wa rahmatullah, I pray this finds you in the best of health and faith. There are no particular requirements or recommendations specific to women’s clothing or shoes for umrah/hajj, except that it is prohibited for her to cover her face with direct contact. She may, however, have a veil hang from a cap or the like, as long as the clothe does not touch her face. [ibn Abidin, Radd al-Muhtar] Of course, the normal prescriptions and etiquette of clothing would apply, such as to wear loose clothing, of colors that do not draw the attention of men. And Allah alone gives success. wassalam Faraz A. Khan Checked & Approved by Faraz Rabbani
  15. Some masaail (rulings) regarding Hajj Islam is based on five pillars, the final pillar being the pilgrimage (hajj) to the House of Allah. It is stated in the Holy Quran: “it is necessary for those who have the means to perform Hajj of the House of Allah, to do so.” Hajj is farz upon that sane able person who has more than necessary wealth, which can be sent on conveyance (transport) for reaching Makkah and for a moderate daily board and lodge, and has enough to leave behind as expenditure for his family. (Raddul-Muhtar P.450 V.5) Some masaails (rulings) regarding Hajj Q) Can a woman go for hajj without a Mahram? A) It is prohibited for women to travel for a distance of three days and three nights without a mahram, whether it is for worldly or Deeni purposes. (Raddul-Muhtar P465 V.3) Q) Hajj is compulsory upon a woman, but she has no mahram. What should she do? A) If a woman has the means but did not find a mahram to accompany her and passed her whole life in this manner but could not find anyone, then she should make wassiyat in her will that on her death, it is wajib for someone to perform Hajj on her behalf. (Raddul-Muhtar) Q) Is it permissible to cover your face whilst sleeping in the state of ihram? A) It is not permissible to cover your face in the state of ihraam whilst sleeping.(Hindiyyah P.224 V.1) Applying of perfume or oil It is Makroh (detestable) for a person in the state of ihraam to smell the flower or the fragrant flower. However, damm (penalty) will not be obligatory. It is prohibited for the Muhrim to use perfume on the body, shawl and on clothings. Similarly, to use perfumed dye or medicine oil to wash the body with a perfume emitting substance is also prohibited. If one put perfume into the food and then cooked it, then no damm (penalty) is wajib even if the smell is overpowering. If the food is uncooked, and the smell is overpowering, then damn is wajib, even if no smell comes from it, and the smell is not overpowering, then there is no damm or sadaqah, even if there is a small, BUT it is makruh to do so. In regards to drinks, if the perfume is mixed and is overpowering, then damm is wajib and if not, then sadaqah is wajib. (Bahr-Raaiq p3 v.3, Raddul-Muhtar p.576 v.3) Q) Are there any particular slippers I should wear in state of ihraam? A) There isn’t particular/specific slipper for a man to wear in the state of Ihraam as long as it doesn’t cover the middle bone of the upper part of the feet. (Raddul-Muhtar P.500 V.3) Q) What would a woman do if she starts her menses (period) during the Hajj? A) If a woman happens to get her menses during the days of hajj she must continue to do all the acts of hajj except for the tawaaf of the Kaabah and Saee. She can only do this once she is clean from her menses. Q) A woman is going for hajj and her time of periods has come, can she alter her monthly cycle using medications (e.g. Birth control pills)? A) Using such medications affects a woman, thus, without a necessary need, she should avoid using it. (Jadeed Fiqhi-massil p.243 v.1) Q) Can a person send someone for hajj badl who hasn’t gone for hajj himself? A) It is makruh tanzihi for a person to send another for hajj badl who hasn’t done hajj himself and it will be makruh tahrimi for that particular person to go. (Raddul-Muhtar p.22 V.4) Qurbani Qurbani- the sacrifice of an animal is recognised as form of worship during the three days of the month of Zul- Hijjah, the 10th, 11th, and 12th. This is to remember the sacrifice offered by Ibrahim (as) when, Allah, ordered him to sacrifice his beloved son, Ismail (as). Qurabani is obligatory upon every adult Muslim, male or female, who owns 613.35 grams of silver or its equivalent in money, personal ornaments, stock-in-trade or any other form of wealth which is extra to his basic needs. Furthermore, he must not be a sharee traveller (48 miles). Each adult member of a family who owns the above mentioned amount must perform his own Qurbani separately. If the husband owns the required quantity and the wife does not, the qurbani is obligatory on the husband only and vice-versa. (Fatwa Hindiyah p.292 V.5) Q) A person who had the means to do qurbani forgot to do it during the day of Zul- Hijjah, what shall he do? A) It is obligatory upon him to give the amount of money equivalent to a goat or sheep to some people as charity. (Ahsanul- Fatawa p.480 V.7) Q) What is the ruling for an individual who makes an intention for Qurbani in terms of cutting his hair and nails? A) It is mustahab (preferable) for him not to cut his hair or his nails or any other hair from other parts of his body. If for some reason one does cut it, then he would not be sinful and would have no effect on his qurbani. (Raddul- Muhtar p.66 V.3) Q) Can a sacrifice be made on behalf of someone else? A) A sacrifice can be made on behalf of others such as minor offspring. This offering is not wajib, but mustahab. Similarly, if one decides to sacrifice on behalf of the spouse or a father or on behalf of an adult off spring can do so with their permission. A sacrifice can also be made on behalf of a deceased Muslim. This can be classified into two categories: 1. If the deceased had made a will, then it is permissible to sacrifice to fulfil the will but is incumbent to give all the meat of the sacrificed animal to the poor and needy. 2. One may make a voluntary sacrifice from one’s own health for the deceased persons and this meat can be partaken by all rich and poor. Q) Is one required to make Qadha for not doing qurbani in the past? A) It is obligatory to make up for the past neglected sacrifices of the previous years if he was the owner of nisaab. One will have to give sadaqah for the previous years. Mohammed Tosir Miah Darul Ifta Birmingham.
  16. Women trimming each other’s hair in Hajj Question Is it permissible for women to trim each other?s hair in order to come out from the state of Ihraam, i.e. after all the acts of Hajj are complete and only the trimming of the hair remains? Answer When a person, male or female, completes all the acts of Hajj before coming out of Ihraam, the Muhrim (person in the state of Ihraam) may cut his own hair or another person's hair even though the other person is also a Muhrim. There will be no penalty for that. (Muallimul Hujjaaj pg.205; Idaratul Qur'aan) Source
  17. Women performing Hajj during menses Question During my previous Hajj I saw some people confused about Menses in Hajj. Is it permissible for a Woman in Menses to assume Ihram? In this situation going to perform Umrah would she have to go to Taneem to re-assume Ihram? I once heard someone saying that there was no evidence of this so would you be able to clarify? Also, with regards to Hajj and tawaaful Ifaadah and menses. I heard two opinions in Hajj about this, one where the woman had to perform Tawaaf and then make a “big” sacrifice in Makkah and one where she just made tawaaful Ifaada and that was sufficient. What is the ruling on this? Would she also have to perform Tawaaful Wida? Answer It is permissible for women who is in menses to assume ihram for hajj. In this state she will do all the rituals (of hajj) except the Tawaaf. In a case where a women is in Makka and she wants to perform Umrah, then she will have to go to Taneem to re-assume ihram. Both the above acts are evident from the traditions recorded by Imam Bukhari in which it is stated that the Prophet (S.A.S) said to Aisha (R.A) (who was in her menses at the time of Hajj), ‘go into ihram for hajj. Do what the other pilgrims do, except that you must not make Tawaaf of the house (Kaaba)’. At the end of hajj rituals, when Aisha (R.A) wanted to perform Umrah which she could not perform before hajj (due to the state of menses), the Prophet (S.A.S) called her brother Abdur Rahman and told him to take Aisha (R.A) to Tan’eem where she would go into ihram for Umrah, and then he must bring her to perform Umrah. (Bukhari). It must be noted that a woman will not be able to perform Umrah while being in the state of menses. If a woman could not perform Tawaful Ifadaah on its time (due to being in the state of menses) then the established teaching (from the hadith) is that she must wait in Makka until she becomes pure and then makes the Tawaful Ifadaah. If she does this, then she will not be required to give a big sacrifice. It is important for a woman to understand that making Tawaful Ifadaah is a part of Hajj and without it, the hajj is not complete. It is for this reason, the law regarding the woman who has not performed this Tawaaf (due to her menses) stipulates that she must wait until she becomes pure and then perform the tawaaf before leaving. If her menses continue for a period which makes it difficult for her to remain in makka, then she can travel and then return after some time to perform the Farz Tawaaf (Tawaful Ifadaah). In this situation, she will not be able to have sexual relations with her husband, and if unmarried, she will not be able to marry until she performs this Tawaaf (since she is still in a state of ihram having started her hajj). In light of the problem many women face today, where they are coming with groups from distant lands and tickets etc. are already booked to return, and they are unable to wait alone or return to makka again due to the difficulties involved, the scholars have given an allowance for a women to do the following: 1) She must make every effort to wait in makka in order to perform the Tawaful Ifaadah (if she is in her menses). In this regard, leaders of hajj groups should not book their ticket to leave immediately after the five days of hajj. They should delay their return by a few days to cater for sisters who may be in this state. 2) Upon becoming pure, the women must make the Tawaaf at her earliest opportunity (while at makka). She should not delay in doing this. 3) If waiting in makka (or madina) until one becomes pure is extremely difficult due to the flight arrangements, and it is also difficult to return to makka at another time to perform the Tawaful Ifadaah (seeing that it is costly and one may live in a distant land), then a women, as a first option, may use medication in order to restrain the bleeding at that time, and perform the Tawaaf (due to necessity). If this is not possible, then she should wait until the last day arrives for her to be in makka (in accordance to her groups traveling schedule) and if the menses do not stop until this time , then she should take a bath and quickly go to the ‘Mataaf’ (place of Tawaaf) and make the Tawaful Ifadaah along with the Sa’ee as fast as possible. In this case, she will also give a big sacrifice. Doing the Tawaaf in this state of menses will be sinful, however, it will suffice for the Farz Tawaaf due to a woman’s difficult situation. This allowance has been given by the scholars due to the difficult situation which a woman may face while completing the hajj. It is the position adopted by the Ahnaf (Hanafi) jurists and has been practiced by many scholars. (Al Fiqhul Islam Wa Adilatihi Vol. 3 Pg 2222). If a women performed Tawaful Ifadaah and afterwards got her menses during the time she was required to do Tawaful Wida, then she can leave whithout doing this Tawaaf. And Allah Knows best. Mufti Waseem Khan Source
  18. Benefits of Wuqoof-e-Qalbi 1) It will improve our Salah because if a person comes on the Musallah to pray Salah and says his Takbir-e-tehrima (Allahu akbar) and if all day he was forgetful of Allah سبحانه وتعالى then just by doing this, he has to do 100% of the work. But if, throughout the day, he remembered Allah سبحانه وتعالى – if he remembered Allah سبحانه وتعالى 20% of the day, then he has to do 80% of the work, if he remembered Allah سبحانه وتعالى 50% of the time, now he has to do only 50% of the work and if he remembered Allah سبحانه وتعالى all day long then now when he comes for his Salah, its very easy for him to concentrate in Salah or it will be very easy for him to focus in Muraqabah; its very easy for him to detach himself from the dunya and reflect on Allah سبحانه وتعالى because while he was in the dunya, he kept himself attached to Allah سبحانه وتعالى by way of wuqoof-e-qalbi. 2) It gives you a (real) perspective on the dunya because once you detach yourself from the dunya; once you disengage yourself from the dunya, the reality of the dunya will open up in front of you – when you sit and you do wuqoof-e-qalbi in a gathering; when you remember Allah سبحانه وتعالى in a gathering then the nature of that gathering will be opened up in front of you. E.g. A person who stop watching T.V. and leaves T.V. for 10 years, then when he walks into a house and sees people watching T.V., the scene looks so strange to him. He looks at these people; he looks at these pictures on the screen and thinks what are these people doing watching this screen. But, that person who regularly watches T.V., it seems like something normal to him. Why? Because the reality of that act; the reality of the ghaflat and heedlessness of the act is unveiled infront of that person who remembers Allah swt. So, the more you remember Allah سبحانه وتعالى, the reality of your dunya will be exposed to you and then you will be able to detach yourself from the dunya. Unless you attach yourself to Allah سبحانه وتعالى, you wont be able to detach yourself from the dunya. 3) It becomes very difficult to sin because normally when a person sins, he sins in a state of forgetfulness. If you ask any young man who committed a sin, that at the moment when you were sinning , were you remembering Allah سبحانه وتعالى ? He’d say at that time I wasn’t remembering Allah سبحانه وتعالى, I even forgot that I was even a Muslim! I had no recollection of Allah سبحانه وتعالى; I even forgot Rasoolullah ; I even forgot that I am someone who has read the Kalima. I was so absorbed/intoxicated/lost/drunken in my sin. But, a person who remembers Allah سبحانه وتعالى throughout the day, when he is in a state of remembrance, it is very difficult to commit a sin because at that time you are attached to Allah سبحانه وتعالى; how can you be attached to Allah سبحانه وتعالى and commit a sin at the same time? Either you’ll have to break that attachment or you’ll have to break off that sin. So, those of us who want to leave our sins, an easy way to do that is to do wuqoof-e-qalbi; is to increase in pausing your heart in the perpetual remembrance of Allah سبحانه وتعالى. source. Taken from muftisays.com
  19. Just find new and new ways to remember Allah سبحانه وتعالى; just like when a young man falls in worldly love with a strange women, he thinks about her at all times in strange ways – he is thinking about her everyday; he never tires of thinking about her. Just like that, a true believer is in love with Allah سبحانه وتعالى وَالَّذِينَ آَمَنُوا أَشَدُّ حُبًّا لِلَّهِ [surah Baqarah; 2:165] That know that the characteristics of believers is that they are crazy mad about their Lord! – they adore Allah سبحانه وتعالى; they are in love with Allah سبحانه وتعالى! What is the requirement of love? that you think about your beloved at all times. Use your own creativity; use your own ingenuity; think carefully – try and try to think about Allah سبحانه وتعالى in more and more different ways; to remember Allah سبحانه وتعالى in more and more different ways. This is all that it means by Wuqoof-e-qalbi – think about Allah سبحانه وتعالى at any moment that you can and make sure you don’t forget Allah سبحانه وتعالى at any moment in time! Why? because Allah سبحانه وتعالى’s Wujood/His Presence is so Great and on top of that He Gives us His Proximity; His Qurb; His Ma’yyiyat; His Closeness to us! How can we forget Allah swt? How undeserving will we be? How deceitful will we be? وَمَا قَدَرُوا اللَّهَ حَقَّ قَدْرِهِ [39:67] it means that they did not truly fulfill the rights of Allah سبحانه وتعالى as they were supposed to. So, one meaning is this that (it befits Him that) you should’ve been thinking about Him at all times! contd..
  20. Another way to do Wuqoof-e-qalbi: Think your heart is saying Allah Allah Allah Another way of doing Wuqoof-e-qalbi is to actually think that your heart is saying Allah Allah Allah. This is when you have free moments of time. For e.g. - Many of us, when we sit on a bus, we have no books with us; we have nothing to do! we just sit for one hour on that bus. So, normally what a person does is that he processes different thoughts – he starts thinking about different things or sometimes he just goes blank; he just goes empty, he doesn’t think about anything for one hour – he wedges out (What we call in English slang) Why? We should make use of that time – spend that time in wuqoof-e-qalbi; maybe it is too awkward in front of the people sitting in the bus to actually do Muraqaba(silent remembrance and reflection of the heart) but at least while sitting there just think about Allah swt - Think anyway you can about Allah swt- the doors of Ijtihaad are open to you in wuqoof-e-qalbi. You can make better intentions than the one I gave you – you can link each and every action in better and better ways each and every day with Allah swt. You can find newer ways to think of Allah swt For e.g. Just look up at the sky, its vastness, and think ‘O my Lord! You are even vaster than this!’ Look up at the stars and think, O Allah swt! Forgive me for my sins which maybe greater than the stars You can look at the stars and think, O Allah swt! I praise You as much as there are stars in the sky You can look at the sand and beaches and think, O Allah swt! I love You more than there are grains of sand in the beaches Just like a lover thinks about his beloved at all times; a true believer thinks about his Beloved Allah swt at all times! contd..
  21. For E.g. 1. You should memorize all the Sunnah duas for each and every action – the Duas before eating; the Duas after eating, the Dua before entering the Masjid; the Dua before leaving the Masjid, the Duas before sleeping 2. In addition to that, before performing any action you should make a Niyyah in your heart. Link every action you do to Allah سبحانه وتعالى For e.g. When you recite the dua before eating – Bismillahi wa ‘ala barakatillah. At the same time, link that act of eating to Allah swt, and make this intention that, ‘O Allah swt! I’m eating this food with the intention that I will get enough strength from this food; I will get enough nourishment from this food so that i can use this strength and nourishment in Your ibadah; in Your worship; in Your Dhikr; in Your remembrance. So, each and everything you do, while you recite the Sunnah Dua that is affiliated with that action, you can alongside make a niyyah that somehow joins that action to Allah swt. 3. When you sleep and recite the Sunnah dua before sleeping, “Allahumma bismika amootu wa ahya”; at the same time make a niyyat, link that act of sleeping back to Allah سبحانه وتعالى. Say that, ‘O my Allah سبحانه وتعالى ! I lay myself down to sleep, so that I may get enough rest from sleeping so that I may rise fresh in Your ibadat, so that I may rise for Tahajjud; so that I can remember you at these special times. So, each and everything in your life, whether it is a worldly thing or a religious thing – you should make an intention for it and link that intention back to Allah swt. And this will be a test for you that anything that you cannot make an intention; anything in your life that you cannot link to Allah سبحانه وتعالى – know that it has some level of sin; that thing has some level of ghaflah; that thing is somehow keeping you away from Allah سبحانه وتعالى. Because through the best of your ability, you cannot link it to Allah سبحانه وتعالى, it means that that thing is clearly a ghairullah; that thing is other than Allah سبحانه وتعالى ; that thing will make you distant from Allah سبحانه وتعالى ; that thing will distract you from Allah سبحانه وتعالى. So, each and every thing in your life, you have to link it to Allah سبحانه وتعالى. contd..
  22. To do Wuqoof-e-Qalbi means that you focus your attention on your heart and then you focus your heart on Allah سبحانه وتعالى. So, the first thing is that you have to be aware that you have this heart inside of you, untill you know the importance of the heart, you will even forget that you have a heart inside of you. So many ayahs of Qur’an-e-Karim and Ahadith instill the importance of our heart, so if you know that you have this valuable precious thing inside of you then you should focus your attention on your heart through out the day and then focus your heart on Allah سبحانه وتعالى. contd.. And, the way to do this is to think about Allah سبحانه وتعالى at all times. This Dhikr-e-Kaseer; this 24-hour Dhikr, it just means to think about Allah swt; to remember Allah swt at all times. Anything that comes in front of you through out the day, anything that you do – you have to make it a means of remembering Allah سبحانه وتعالى E.g. If you’re doing something with your family, then while you are with your family look at them and view them as a blessing of Allah swt and immediately that will lead you to remember Allah swt Everything that you do you have to seek a means of making it a way for you to think about Allah swt. We are exactly the opposite. - If we sit in the Masjid, we find some means to think about the Dunya; if we are standing in Salah, some way our Nafs finds something to think about the world; If we are reading our Qur’an, our Nafs finds someway to make us think about the world. So, just like the Dunya is so overpowering on us that we are always thinking about it – Wuqoof-e-Qalbi means that you have to make Allah swt overpowering in your life. You have to bring Allah سبحانه وتعالى back into your life. You have to reconcile that distant Lord. You have to stay away from those things that keep you from Allah swt – so through out the day, each and every thing that comes in front of you, you should use it as a means to think about Allah swt. One of the things that the Mashaikh prescribe to assist you in this is that for everything you do, you must form a Niyyah; an intention.
  23. Hazrat Shaikh Mufti Kamaluddin Sahab (db) on Wuqoof e Qalbi وَالَّذِينَ جَاهَدُوا فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا وَإِنَّ اللَّهَ لَمَعَ الْمُحْسِنِينَ [29:69] سُبْحَانَ رَبِّكَ رَبِّ الْعِزَّةِ عَمَّا يَصِفُونَ وَسَلَامٌ عَلَى الْمُرْسَلِينَ وَالْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ [37:180-182] Wuqoof-e-Qalbi means to remember Allah سبحانه وتعالى all the time. This word, “Wuqoof” comes from the word “waqf” which means “To Pause”. So, Wuqoof-e-Qalbi means to pause your heart; to maintain your heart; to still-stop your heart on the remembrance of Allah swt – to not let your heart deviate; to not let your heart go astray into the thoughts of ghairullah (anyone other than Allah swt) but to pause your heart on the remembrance of Allah swt. Allah سبحانه وتعالى has Given us this ability that if we want to, we can keep something in our heart at all times – we can keep a thought running in our background at all times. E.g. 1. If someone’s wife tells him to go get vegetables from the market, and he goes to the market but on the way he finds a friend so he stops on the way and starts talking with his friend – but all the time he remembers that my original purpose to get out of the house was to get the vegetables. He won’t forget that he has to get the vegetables, when he leaves his friend he will go get the vegetables. This shows that Allah swt ability to do two things at once – on one hand he was talking to his friend and inside his heart he was thinking that he has to get the vegetables. 2. Just like that when a student has any exam coming up -whether its a madressa exam or college exam – when the exam is one week away, that student is in an examination-mode! Every second of the day he knows that his exam is coming up; that his examination is looming on top of him – he might be stopping to eat something; drink something; he might be driving on the way to the library – but every second he knows that I have this exam coming up. So, this means that a person has this ability to process something at the background. Just like in a computer, you have windows. Windows is the operating system, it is always running at the background no matter what programs you put over it windows never stops functioning its always there in the background – just like that a true believer in his heart always remembers Allah swt. No matter what he is doing, he has a cord attached from his heart to Allah swt This is why our Mashaikh say that that moment in which a person forgets Allah swt it is as if he is a kaafir! Because if you open up his heart – its empty and if you open up the heart of a kaafir, its also empty(of the remembrance of Allah swt). So, the only difference between us and a kaafir is of the remembrance of Allah swt. Now, how to do this Wuqoof-e-Qalbi? How can we practically focus our heart on Allah swt? contd..
  24. Coming out of Ihraam due to Unforeseen Circumstances Q: What is the shar’i ruling regarding a person who tied his Ihraam for Haj or Umra but due to illness or any other unforeseen circumstance he was unable to travel? How will he come out of Ihraam? A: He should appoint someone to slaughter a damm on his behalf in the precincts of the Haram. Once the animal is slaughtered he will come out of Ihraam. ( إذا أحصر بعدو أو مرض ) أو موت محرم أو هلاك نفقة حل له التحلل فحينئذ ( بعث المفرد دما ) أو قيمته فإن لم يجد بقي محرما حتى يجد أو يتحلل بطواف وعن الثاني أنه يقوم الدم بالطعام ويتصدق به فإن لم يجد صام عن كل نصف صاع يوما ( والقارن دمين ) فلو بعث واحدا لم يتحلل عنه ( وعن يوم الذبح ) ليعلم متى يتحلل ويذبحه ( في الحرم ولو قبل يوم النحر ) خلافا لهما … ( و ) يجب ( عليه إن حل من حجه ) ولو نفلا ( حجة ) بالشروع ( وعمرة ) للتحلل إن لم يحج من عامه ( وعلى المعتمر عمرة ) وعلي ( القارن حجة وعمرتان ) إحداهما للتحلل ( الدر المختار 2/590-593 ) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)
  25. Allah’s Messenger Sallallaahu Alayhi Wa Sallam said, “Divorce is the most hated of all lawful (halaal) things in the sight of Allah” (Sunan Abu Dawud, no. 2178). Question Could I please have more information with regards to Shariah around the custody of children if a couple has gone through Talaaq and western divorce? (Questions published as received) Answer If and when a marriage unfortunately comes to an end, the problems of the parties involved should not in any way affect the children. Children are a trust (amanah) from Allah and they should be treated and looked after in a proper manner. They have many rights, of which two are of utmost importance: to receive proper care and love, and the other proper upbringing (tarbiyah). These rights of a child cannot be fulfilled except with the joint endeavour of the parents. The love, care and attention of the mother is just as important as the upbringing and training of the father. In light of the above, divorce should definitely be avoided as much as possible, especially in the case where children are involved. However, if divorce did take place, and both parties demand their rights, then the right of custody will be in the following way. In should be remembered here that there is nothing wrong in making a mutual arrangement, as long as there is no objection from those who have a right to custody. The mother has a right of custody for a male child until the child is capable of taking care of his own basic bodily functions and needs, such as eating, dressing and cleaning himself. This has been recognized at seven years of age. (Shaami) In the case of a female, the mother has this right of custody until she reaches puberty. This has been declared at nine years of age. (al-Mawsili, al-Ikhtiyar li ta’lil al-mukhtar) The reason for this is that, in the early years, the mother is more suitable for raising the young child (regardless of sex) with love, mercy, attention, and motherly care. The male child after reaching the age of understanding (7) is in need of education and acquiring masculine traits, which is why he is then transferred to the father. The female child, after reaching the age of understanding is in need of being inculcated with female traits, which she receives by living with her mother. After reaching puberty, she is in need of protection which the father offers. However, the custody of either of the parents can be revoked should staying with him/her be detrimental to the child’s upbringing. It should also be remembered that after the transferral of custody from the mother to the father, the boy remains in the custody of the father until puberty, at which point, if he is mature and wise, he is free to choose with whom to live, or to live on his own. As for the girl, custody remains with the father until she marries. Irrespective of who (mother/father) has the rights of custody, the other party has visitation rights according to mutual understanding and consent. Generally, the party having the rights of custody uses the child as a weapon to punish the other party by depriving them of visitation rights. This is totally against the concept of Islam and a grave sin. It is also very harmful to the child. At all times, the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible. When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both. (Shaami) And Allah Knows Best Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians
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