ummtaalib

During the monthly Tazkiyah Majlis last nigh Shaykh Muhammad Saleem Dhorat touched on the subject of Bid'at practices (Innovations) as being a ploy used by Shaytaan to lead people astray (May Allah ta'ala protect us). When a person is involved in open or hidden sins he is aware that he is doing something which is wrong and sinful and he feels Haya (shame) which one day leads to repentance which ruins the work of Shaytaan. A person involved in Bid'at practices thinks he is doing something good and is rewarded for it. Therefore he is highly unlikely to repent (except through the sheer grace and mercy of Allah ta'ala).

Wa'alaykumus salaam Why make it a specific occassion? - durood should be recited any way at any gathering as a gathering without the remembrance of Allah and durood on Nabi sallallaahu 'alayhi wasallam will be a means of regret on the Day of Qiyaamah Why at this time of the year? Why not in another month? Answers to these questions bother me.... Number 2: should be "other women", no?

Question Assalamualykum, What is the ruling regarding high heels? I wear 4 inch stilettos and recently got told it is haram and sinful to wear them. I am not sure why, could you please tell me the rules regarding shoes? A lot of Muslim women out there wear heels, so I think it would be good if we all know the rules regarding heels. My heels do not make loud noise to attract attention as I walk slowly and mostly just stand in one place when I do wear them… (parties) Answer Walaikumussalam w w There are reasons why scholars may say that high heel shoes are not permissible for wear in public. 1) The noise they make attracts attention. 2) They make the hips sway; attracting attention. 3) They are injurious to feet, ankles etc. Granted there are some heels which do not make loud noises when walking but the second factor will be taking place as the high heels force the body to tilt emphasizing the breasts and rear. So in general wearing such shoes makes the woman’s walk enticing and seductive to men. Therefore, a woman should not wear them, especially when medical experts also warn against them. This desire to look fashionable continues to drive women to wear high-heeled shoes, despite causing significant pain in the ball of the foot, or bunions or corns, or Hammer toe. A survey conducted by the American Podiatric Medical Association showed some 42% of women admitted that they would wear a shoe they liked even if it gave them discomfort. Search ‘the worst shoes for your feet’ on www.webmd.boots.com for further information on the injuries caused by high heels, stilettos etc. http://www.tafseer-raheemi.com/q692-are-high-heels-allowed/

Salaat 'alan Nabi (Sallallaahu 'alayhi Wasallam) Bismihi Ta’ala Rasulullah (Sallallaahu ‘alayhi wasallam) said: “Confer Salaah (Durood) upon me excessively each Friday; the one who confers the most Salaah will be closest to me.” (Baihaqi) “Confer Salaah (Durood) increasingly upon me, during the day of Jumu`ah and during the eve of Jumu`ah. Whosoever does so, I will be his witness or I will intercede for him on the Day of Qiyaamah.” (Baihaqi) "The one who confers 1000 Durood upon me in one day, he will not die until he is given the glad-tidings of Jannah." (Kanzul Ummaal) http://fragrance-of-...ahu-alayhi.html

Beginning with th Right Hazrat Aisha (Radiallahu anha) says, " Sayyidina Rasulullah (Sallallahu alaihe wasallam) liked to begin with the right while combing his hair; while performing ablution (wudhu) and when putting on his shoes. (Also in every other deed, he first began with the right then the left). Commentary This (beginning from the right) is not confined to the three acts mentioned in this Hadith. Sayyidina Rasulullah (Sallallahu alaihe wasallam) began everything with the right, that is why every other deed' has been added in the translation of the Hadith. The basic rule is, that all those things that reflect dignity and elegance, while putting on these the right is preferred, and when removing them the left is begun with, as when putting on clothes, shoes etc. When one enters the Masjid, one enters with the right foot and leaves with the left foot first, as this is the place of dignity and greatness. Contrary to this, in those things that do not have elegance in them, for instance when entering the toilet. Shamaa-il Tirmidhi

Oh Messenger of God, Please let me hold your hand Finer than the most exquisite silk in all the land And walk in the streets by your side, For you Oh Master Are my guide Oh Messenger of God Let me kiss your feet, For you are God’s chosen one-his elite, You behaved like a slave though you were a king, And you came to bring the desert’s ancient winter into spring. Oh Messenger of God,Won’t you visit my Home, So that my family can see you sit and roam, And we may feed you the best that we have to eat And provide you shelter from the desert’s heat Oh Messenger of God , Let me visit your grave For what am I but your most despicable slave, But May I rub its dust into my thirsty eyes, For it is more honoured than the throne above the skies Oh Messenger on God, Oh Shining Sun, Won’t you come this way and visit my son, So that he may Know you’re God’s Beloved one And without you creation would not have begun! Oh Messenger of God would you let? Me to put into a viol some of your sweat, If you indeed give me your consent, I would love to smell your heavenly scent. Oh Messenger of God you were in the mind of eternity, And your scent is the best thing in the realm of the olfactory, And your saliva better than everything gustatory, God’s eternal blessings and peace upon thee! Oh Messenger of God May I bottle your tears? SO they make take away all my fears, And every drop that emerged from your noble eyes, Is for me the greatest prize Oh Messenger of God May I appeal? To see between your shoulder blades the seal Of Prophethood-for you are the last to come Mirza Ghulam’s lies are so insanely dumb Oh Messenger of God May I see your bravery, In the battles which removed the world from creation’s slavery And liberated them from the yokes of the finite realm Injustice was disgraced and the just Caliphs took to the helm. Oh Messenger of God May my spouse see your wives, Their pure and chaste and innocent lives For they are plagued by fake bollywood models like aishwaria rai, In an age when unblemished modesty is in short supply Oh Messenger of God May i see your generosity, Which you showed to even those who greeted you with ferocity, To the bedouin man who pulled your shawl You smiled and gave it to him as the hadeeths recall! Oh Messenger of God you had no silhouette, There was no room for darkness in your form, or any regret You created civilisation though you did not learn to read or write, For the celestial angel Jibraeel taught you to recite. Oh Messenger of God may i request , When I am stressed or depressed, You let me visit your city -Madeena THE blessed, The land which the angels and saints caressed Oh Messenger of God May I see how you are kind, When the people of Taif who were spiritually blind. Pelted you with stones, and caused you to bleed But you faltered not to preach this eternal creed Oh messenger of God Let me read your tales How you looked upon the Lord without any veils When you went on the mi’raj further than Jibraeel could dare For you oh Beloved are beyond compare! Oh Messenger of God let me read of your patience When the Quraysh tried to cast you from the land of the Ka’ba How you remained calm with your noble sahaaba Expressing not the slightest annoyance Oh Messenger of God, let me shield your eyes from Saudi Arabia, The wahhabis have changed your deen of love into tremendous fear And peace and justice have become an anathema And they have declared on ahlus sunnah war after war. Oh Messenger of God let me hide my disgust, The wahhabis have reduced your noble home to dust, Where you were born and were you played, They declare on your relics a great crusade. Oh Messenger of God, Shall i cover your ears? Some wahhabis have turned cursing your parents into careers, In attacking your family they have become skilled engineers God bless Imam Suyuti for refuting such mutineers Oh messenger of God let me take you to Deoband’s college Where even the arab scholars are forced to acknowledge That they teach your words and your beautiful sacred knowledge You planted a single seed Oh Beloved- Yet even in Hind we see Foliage! Oh Messenger of God come into my dreams So that I may see your glows and gleams And smell your fragrance in my room It will take away all my gloom Oh Messenger of God, let me be from your friends So that I may Make much amends I have spent my life in sorrow and sin, In your sunnah now – a new dawn I begin source: http://tazkiyya.wordpress.com/

by Mawlānā Sajid Irshad I look at the past and delve into your wonderful life of events, How everything was pre-destined, all that you acquired and spent. Nothing was coincidental or a mishap, but a blessing from above sent, Indeed, those were special souls around you who came and went. I wish I was one of the loyal men around you who had seen your face, By Allāh ta‘ālā! I would have even loved to be your collyrium bottle in its special case. How I would have served your feet if I were your blessed sandal’s lace, Or the blanket which hugged you at night, which you would often embrace. Alas! If I could have been the splendid moon which you split into two, Or the single rain cloud which followed and provided shade for you. If I was the dust on the floor which kissed the sole of your shoe, I can only dream I was the northern wind which gently passed by you. The tree which you leant upon during sermons and how it cried, Or the flowing water of your fingers when the Companions’ radhiyallāhu ‘anhum mouths dried. Your obedient camel, impressing you during a race when it tried, I wish I was your wandering donkey who gave its life and died. The mountains and rocks which would greet you in earnest and joy, When you sprinkled water lovingly on children and joked with a boy. O my beloved! Everything about your life I learn and read, I can only enjoy, My love with your life of wonderful events, I will not allow anyone to destroy. I wish I was anything as long as I had been in your blessed time, I would have been so grateful and my fortune would sparkle and shine. He ta‘ālā has planned for the matter to be this way, and His choice is totally fine, I am not any of the above mentioned, yet the Master of both worlds is mine. © Riyādul Jannah (Volume 21 Issue 8/9)

Question: What are the times after which a woman has to bathe ( ghusl)? We recently got married. Presently my wife is at her parent's home. Whenever we talk on the phone about our relationship she has a discharge from her genitals. We are worried that she has to do ghusl every time we talk on the phone. Answer: In the Name of Allah, the Most Gracious, the Most Merciful. Ghusl becomes obligatory on a woman in four conditions: 1) At the end of menstruation 2) At the end of nifaas (after birth bleeding) 3) Ejaculation of semen out of excitement. The semen of a woman is yellowish in colour. 4) Entry of the glans of the penis into the vagina (even if ejaculation of semen does not take place) Ghusl, however, does not become obligatory due to the secretion of mazi (pre-coital fluid) from the private part. Mazi is a thin clear liquid which is discharged at the time of arousal without ejaculation and it can be secreted without one being aware of it. This necessitates wudhu on emission, not ghusl. Mazi is more common in women than men. ِAlso note that mazi is impure and has to be washed off before performing salat. Therefore, if due to arousal your wife has a discharge and she is not aware of the discharge until she sees it or feels the wetness, the discharge would most probably be mazi, and therefore ghusl will not become obligatory. If however, the discharge is accompanied by orgasm, then it would be semen, and therefore ghusl would become obligatory. ( Bashishti Zewar 1/69 ) لا عند ( مذي أو ودي ) بل الوضوء منه ومن البول جميعا على الظاهر ( الدر المختار: 1 ص 335 ) ( قوله : لا عند مذي ) أي لا يفرض الغسل عند خروج مذي كظبي بمعجمة ساكنة وياء مخففة على الأفصح ، وفيه الكسر مع التخفيف والتشديد ، وقيل هما لحن ماء رقيق أبيض يخرج عند الشهوة لا بها ، وهو في النساء أغلب ، قيل هو منهن يسمى القذى بمفتوحتين نهر (رد المحتار: 1 ص 335 ) ه And Allah knows best. Mufti Faizal Riza Darul Ifta Australia www.mufti-online.net

Question: With regard to saying salat on time especially for women, I have heard 2 separate opinions in regard to if a lady did not perform her salat at the beginning of the time; then when she is about to say her salat -- say 1hr later -- she found out that her monthly menstruation has started and therefore is unable to say the salat. Does that salat need to be made up as a Qada? One opinion that I heard is that yes because the salat time has entered and she has delayed in the performance of that salat (mostly from Shafei based opinion). The other opinion is that she does not need to make qadha of that salat since the time of that salat has not finished yet and the time for next salat has not entered. Answer: In the Name of Allah, the Most Gracious, the Most Merciful. No, she will not make qada of that salat. The way to determine if a particular salat is obligatory on a woman in order to know if she has to do qada of it, she has to look at one or two seconds before the ending time of that salat. By ‘one or two seconds before the ending time of that salat’ we mean such a period of time that she can just say ‘Allah’ of ‘Allahu Akbar’ before the time ends. During this period of time if she is not menstruating then that salat is obligatory upon her. Therefore, if she has not offered it, she has to do qada of it. On the other hand, if she is menstruating during this time (i.e. one or two seconds before the time ends) then that salat is not obligatory on her. Therefore she does not have to do qada of it. This is regardless of whether she was menstruating or not during the start of the salat time or during the middle of it. Similarly, if a woman is offering fardh salat and during the salat she starts menstruating, she will not do qada of it. However, if she starts menstruating while offering nafl salat, she has to do qada of it. Allaamah Ibn Aabideen states in his commentary of Allaamah Birgivi’s treatise on the ahkaam of menstruation: “In order to determine that the salat is prohibited and not obligatory (on a woman), the end time of every salat – the period of time in which one can say Allah -- is to be taken into consideration… If she is menstruating at this time, then it is not obligatory on her to offer that salat, neither as adaa nor as qadaa.” (Rasaail Ibn Aabideen vol. 1 pg. 110) In Al-Fataawa Al-Hindiyya it is stated: “If a woman begins the (fardh) salat towards the end of its time and then she menstruates, she does not have to do qadaa of this salat, as opposed to offering nafl salat (i.e. in which case she will have to do qadaa of it)” (Al-Fataawa Al-Hindiyya vol. 1 pg. 42) And Allah knows best. Mufti Faizal Riza Darul Ifta Australia www.mufti-online.net

Question: A woman’s habit is to bleed for 6 days in her menstrual cycle. If the bleeding stops on 5th day, will it be permissible for her to have intercourse before the 6th day? Answer: In the Name of Allah, the Most Gracious, the Most Merciful. If a woman’s habit is to bleed for 6 days in her menstrual cycle, however this month her bleeding stops on the fifth day, it is compulsory on her to take a ghusl and to start offering her prayers as soon as her bleeding stops on the fifth day. However, she should not offer her prayers at the beginning time of each prayer; instead she should delay them till the end of the mustahab time for each prayer. This is because it is compulsory on a woman whose bleeding stopped before her habit to delay her prayers till the end of the mustahab time. She should do this until she reaches her habit (i.e. the end of the 6th day in the above example). The above is in regards to prayer. As for sexual relationship, the restrictions on sexual relationship that apply during menstruation will also apply when a woman’s bleeding stops before her habit until she reaches her habit. Hence, in the above example, sexual intercourse will not be permissible until the end of the sixth day of the woman’s menstrual cycle. (Raddul Muhtaar: 1/294, Saeed) And Allah knows best. Mufti Faizal Riza 8/11/2011 Darul Ifta Australia www.mufti-online.net

An original Deoband.org articleBy Mufti Muhammad Taqi Usmani Translated by Zameelur Rahman It behooves us, before commencing on the commentary of the hadiths on the emancipation of slaves, to produce here a short essay in which we discuss the reality of slavery and its place in Islam, because a lot of commotion has been caused amongst the Muslims by the westerners and their devotees for allowing slavery, and the people of this age claim it is a blemish on the forehead of religion and a reason to doubt Islam. And there is no power, nor might, except with Allah, the Mighty, the Great. The cause of the error in this respect is that the westerners and their devotees analogise the slaves of Islam to the slaves of Greece, Rome and Europe who would live in the utmost debasement, difficulty and desolation. Their humanity was not recognised and no rights were afforded them and they hadn’t the slightest share in social intercourse. The truth is that the slave in Islam differs from these slaves completely, and we ought to begin this study with the testimony of a well-known European Orientalist, Professor Gustave Le Bon, who wrote in his famous book known as The Civilisation of the Arabs: When the word slavery is spoken to a European who is accustomed to reading American novels written over the last thirty years, he pictures the exploitation of those poor people shackled in iron chains, driven by whips; people who were barely fed enough to keep them alive, and were made to live in dingy cabins. It does not concern me whether this description is authentic and accords with the reality of what occurred from the English in America over a few short years, and whether it was even conceivable for a slave-owner to entertain the idea of mistreating them and making them suffer torture and humiliation since that will result in the loss of a valuable commodity which the negro was at that time. But there is no doubt the picture of slavery in Islam is absolutely different from the picture of slavery in Christianity. Once this has been settled, know that Islam came, and slavery was widespread in the eastern and western parts of the globe, and slaves were treated with harshness and debasement for which the forehead of humanity drips [with sweat], so it was from the wisdom of Islam that it did not prohibit slavery completely, nor did it render it totally void, but it legislated rules for it and made boundaries for it in a way that made it contribute to human wellbeing and the development of human society. Thus, Islam allowed the taking of slaves with the condition that it is in a jihad sanctioned by the Shari‘ah against the disbelievers. So while the Romans would force people into slavery because of committing some crimes, and while they would put the children of slave women into slavery, apart from the captives of wars, Islam announced that it is not permissible to put anyone into slavery except in a jihad sanctioned by the Shari‘ah. Furthermore, slavery is not the only option for a captive of a jihad sanctioned by the Shari‘ah. Rather, the Imam has four options with respect to them: either he orders their execution or puts them into slavery, or he frees them by taking ransom or he shows favour on them so releases them without taking anything [in return]. Thus, taking slaves is not something necessary in Islam. Rather, it is one of four options. That is because the matter of war is a multifaceted matter, and sometimes situations arise therein in which nothing is suitable besides taking slaves because if we executed all the captives there would be wastage of human power, and were we to free them in totality, that would encourage disbelief and encourage disbelievers to commit acts of aggression against the Muslims; and were we to imprison them for the entire period of their lives that would waste their talents and waste wealth on them without any benefit returning to the society. As for taking slaves – with its conditions and its limits – it is free from this and that, for in it is preservation of the human species and nurturing him with an Islamic nurturing, and strengthening it by employing the talents of the slaves for the wellbeing of the society. This is why Islam has left four doors open for the Imam to select from them what is appropriate to the situations and fitting to the conditions. Moreover, Islam has afforded slaves rights that have no precedent in any other religion. Thus, He (Exalted is He) said: “And be good to parents and to kinsmen and orphans and the needy and the close neighbour and the distant neighbour and the companion at your side and the wayfarer and to what your right hands possess [i.e. your slaves]. Surely, Allah does not like those who are arrogant, proud.” (4:36) The Messenger of Allah (Allah bless him and grant him peace) said: “Your brothers, your servants, Allah has placed them under your authority. So whoever’s brother is under his authority, he should feed him from what he eats and clothe him from what he wears. Do not burden them with what overpowers them, and if you burden them, help them.” Al-Bukhari transmitted it in Kitab al-Iman, Bab al-Ma‘asi min Amr al-Jahiliyyah (1:9) and in Kitab al-‘Itq, Bab Qawl al-Nabi al-‘Abid Ikhwanukum (1:346). And he said: “The one who is harsh to his slaves will not enter paradise.” They said: “O Messenger of Allah! Did you not inform us that this ummah is the ummah with the most slaves and orphans?” He said: “Yes! So honour them as you honour your children and feed them from what you eat…” Ibn Majah transmitted it in Kitab al-Adab, Bab al-Ihsan ila al-Mamalik (1:271). And he (Allah bless him and grant him peace) said: “Whoever slaps his slave or strikes him, its compensation is to free him.” Abu Dawud transmitted it in Kitab al-Adab, Bab Haqq al-Mamluk (2:703). It was from the intense concern of the Messenger of Allah (Allah bless him and grant him peace) for slaves that the last word he spoke before his death was encouragement towards fulfilment of their rights. Thus, Anas ibn Malik (Allah be pleased with him) narrates: “The general will of the Messenger of Allah (Allah bless him and grant him peace) when death came to him and he was giving up his soul was: ‘[be steadfast on] prayer, and [take care of] what your right hands possess.’” Ibn Majah transmitted it in Abwab al-Wasaya (1:198), and he transmitted from ‘Ali ibn Abi Talib (Allah be pleased with him): “The last statement of the Prophet (Allah bless him and grant him peace) was: ‘[be steadfast on] prayer, and [take care of] what your right hands possess.’” Abu Dawud also transmitted it in al-Adab, Bab Haqq al-Mamluk (2:701), and his wording is: “[be observant of] Salah, [be observant of] Salah! And fear Allah in what your right hands possess.” Such hadiths are plenty. There isn’t enough space here to exhaust them. In sum, Islam changed the system of slavery in a manner that made it one of mutual love and brotherhood, and nothing remained in Islam except the name of slavery. In fact, Islam even changed the name of slavery, in what Abu Hurayrah narrated that the Messenger of Allah (Allah bless him and grant him peace) said: “One of you should not say ‘my male slave’ or ‘my female slave’ and the slave should not say ‘my lord’ or ‘my lady.’ The owner should say ‘my boy’ and ‘my girl,’ and the slave should say ‘my master’ and ‘my mistress.’” Abu Dawud transmitted it in al-Adab, Bab la yaqul al-Mamluk Rabbi wa Rabbati (2:680). These laws were not merely inserted in the insides of pages. Rather, the Muslims in every period from the periods of their history put them into practice, and would treat their slaves as they treat their own brothers. So how many a slave in the history of Islam reached – despite being a slave – the peak of glory and leadership, and how many a slave became a resource for the freemen in knowledge and gnosis, and how many a slave lived a life envied by freemen?! Indeed our history is full of such examples which are sufficient to prove that the laws of good social behaviour with slaves were not neglected in a period from the periods [of history]. Rather, they were living laws, on which the Islamic society acted, and from which the wisdom of Islam in permitting taking slaves shone forth. Whoever studies the books of rijal and the conditions of the narrators of hadith and the scholars, he finds that most of them were freed slaves. Hence, this is ‘Ata ibn Abi Rabah in Makkah, and Tawus ibn Kaysan in the Yemen, and Yazid ibn Habib in Egypt, Makhul in the Levant, al-Dahhak ibn Muzahim in the Hijaz; all of them were freed slaves, and all of them were in one period, and the leadership of knowledge and jurisprudence culminated in them in their lands. Furthermore, Islam encourages freeing many slaves, along with the rights the slaves enjoy under its dominion. Thus it considers the freeing of prisoners a separate expenditure from the expenditures of Zakat, and it considers freeing slaves at the forefront of every compensation, such that it considers it a compensation for slapping the slave man and woman as has preceded, and it describes many virtues of emancipating slaves the like of which is not mentioned for other good deeds, and it considers it from those things that jesting in which is to be regarded as serious, and it orders making plenty of it at the time of solar and lunar eclipse, as al-Bukhari narrated in Bab ma Yustahabbu min al-‘Itaqah fi l-Kusuf. This is why we see the Sahabah hastening towards freeing slaves, and seizing opportunities for it. Thus it was narrated that the Messenger of Allah (Allah bless him and grant him peace) gave Abu al-Haytham ibn al-Tayhan (Allah be pleased with him) a slave and he said: “Accept the advice of kindness to him.” Abu al-Haytham proceeded to his wife and informed her of the statement of the Messenger of Allah (Allah bless him and grant him peace), so she said: “You will not reach what the Prophet (Allah bless him and grant him peace) said about him unless you free him.” He said: “He is free.” Al-Tirmidhi transmitted it in Abwab al-Zuhd, Bab ma ja’a fi Ma‘ishat Ashab al-Nabi sallAllahu ‘alayhi wasallam. And it is narrated from Abu Hurayrah (Allah be pleased with him) that when he came with the intention to accept Islam and he had with him a slave, they were each parted from the other. Afterwards, he came while Abu Hurayrah was sitting with the Prophet (Allah bless him and grant him peace), so the Prophet (Allah bless him and grant him peace) said: “O Abu Hurayrah! This is your slave who has come to you.” He said: “Take notice, verily I make you witness that he is free!” Al-Bukhari transmitted it in Bab idha qala li ‘abdihi huwa liLlahi wa nawa l-‘itq (1:343). And the Prophet (Allah bless him and grant him peace) gave Abu Dharr a slave, and he said: “Accept the advice of kindness to him,” so he freed him. Al-Bukhari transmitted it in al-Adab al-Mufrad, Bab al-‘Afw ‘an al-Khadim (no. 163). Whenever Ibn ‘Umar became overly attracted to some form of wealth, he would take it [i.e. emancipating slaves] as a means of attaining closeness to Allah (Exalted is He), and his slaves would know this of him. Once, one of them stayed constantly in the mosque, so when Ibn ‘Umar saw him in that beautiful condition, he freed him. His companions said to him: “They are deceiving you.” He said: “Whoever deceives us by means of Allah we will fall prey to him.” Al-Nawawi narrated it in Tahdhib al-Asma’ wa l-Lughat (1:280), and Ibn Sa‘d transmitted it in the biography of Ibn ‘Umar in his Tabaqat (4:167). And from what is known about ‘Uthman (Allah be pleased with him) is that he would free a slave from the slaves every Friday. Thus, these are a few examples from those beautiful incidents which adorn Islamic history, which we cannot exhaust in this place. We only cited them so a picture of the Islamic society may be gleaned. We should relate here what ‘Allamah al-Nawwab Siddiq Hasan Khan narrated from al-Najm al-Wahhaj that the Prophet (Allah bless him and grant him peace) freed 63 people, the number of years of his life, and he enumerated their names. He said: And ‘A’ishah freed 69, and she lived for that number of years, and Abu Bakr freed many, and al-‘Abbas freed 70 slaves. Al-Hakim narrated it. ‘Uthman freed twenty when he was besieged, and Hakim ibn Hizam freed a hundred loading them with silver, and ‘Abd Allah ibn ‘Umar freed a thousand, and he performed a thousand ‘umrahs, and he performed sixty Hajjs, and he kept 1000 horses for [fighting] in the path of Allah, and Dhu l-Kala‘ al-Himyari freed 8000 slaves in one day, and ‘Abd al-Rahman ibn ‘Awf freed 30,000 people. See: Fath al-‘Allam Sharh Bulugh al-Maram, Kitab al-‘Itq (2:332). These are only eight men, who had freed 39322 slaves! You can deduce from this the extent of the generosity of the Muslims in freeing their slaves. And those whose condition this was with respect to freeing, how is it possible that their treatment of slaves would not be one of noble brotherly behaviour? This is slavery in Islam and these are its consequences! We should cite here some testimonies from some of the westerners who observed the conditions of the slaves in Islam. A French writer said: Slavery is not a blemish in the Islamic lands. All the sultans of Constantinople who were Muslim rulers were all born from the wombs of slave women, and that did not diminish their bravery and their courage…The rulers of Egypt would often purchase slaves, educate them and nurture them, and then marry them to their daughters. When you examine the rulers of Cairo and its leaders and the generals of its armies, you will find that most of them were from those who were sold [into slavery] in their young age for a price between 800 to 1,200 [coins]. And Lady Blunt, an English woman who travelled to the Arab lands, documents in the chronicles of her visit to Najd a conversation she had with an Arab man: There was something that the man did not find comprehensible, which is why the English empire banned slave trade. We said to him: “That is the requirement of humanism.” He replied: “There is no oppression in trading slaves, and has anyone seen us mistreating our slaves?” And the reality was that this answer dumbfounded us, as we were not able to show the man a single example of mistreatment of slaves in what we saw for the entire period of our stay in Arabia. The truth is that the slave for the Arabs is not a servant of theirs, but a beloved child of theirs. These statements and the likes of them were quoted by Gustave Le Bon in his book called The Civilisation of the Arabs, and then he said in conclusion: Those Europeans who wish to ban slave trade in the Eastern lands, although they have goodwill towards mankind and have good intention, the Eastern people will not accept that, and will say: “What is it with these ‘well-wishers’ having affection for the Ethiopians, yet forcing the Chinese people with their machine guns and their bombs to sell opium, and have caused the death of men and have shed more blood in one year than slave owners have not done in tens of years?!” See the Urdu translation of The Civilisation of the Arabs (p. 348). Refutation of those who Claim that Slavery is Abrogated In recent times, many of the Europeans objected to the rule of slavery in Islam, ignorant or feigning ignorance of its conditions and its limits, and its wisdoms and its powerful effects in history. Then a group stood from amongst the Muslims apologising on behalf of Islam, and distorting it based on the whims of the Westerners. Thus, they said that slavery is not permissible in Islam today, and it was only allowed in the beginning of Islam; then, this permission was abrogated in the latter parts of the life of the Prophet (Allah bless him and grant him peace). From those in India who defended this weak and false claim is the famous writer Chiragh Ali, who was a colleague of Sir Sayyid Ahmad Khan. He wrote an article in his book The Greatest Statement on the Ascension of Islam to prove this claim and he produced therein weak evidences which will make even the bereaved laugh. We have no need to cite these evidences and refute them as they are such that all who have the slightest grasp of religion and knowledge will regard them as baseless, but he produced a doubt in this book which may be confusing to some people, so we wish to discuss it and refute it. He cited His (Exalted is He) statement in Surah Muahmmad: “When you have thoroughly subdued them, bind a bond firmly [on them]. Then, it is either (imma) generosity or ransom.” (47:4) And he said: “Allah (Exalted is He) mentioned only two options for the prisoners of war: generosity or ransom, and He did not mention execution or enslavement. Thus it is evident that they were commands at the start of Islam, but this verse abrogated it thereafter.” Since this doubt has confused the matter for some people, we should respond to it in some detail. Know that there is no evidence in this verse whatsoever for the prohibition of taking slaves and the abrogation of its permissibility, and that is for a number of reasons: 1) If we were to look at the words of the verse we see that they do not negate enslavement because the word “imma” (either/or) does not prove restriction at all, and this word is used in the meaning of excluding the possibility of combining the options (man‘ al-jam‘)[1] as in their statement, “Sit either with Hasan or Zayd,” which does not negate sitting with others. Ibn Hisham said: Imma has five meanings. First, doubt, like: “Either Zayd or ‘Amr came to me,” when it is not known which of them came. Second, ambiguity, like: “And there are others whose matter is deferred till the command of Allah [comes]. Either He would punish them or relent towards them.” (9:106) Third, to give choice, like: “Either punish them or adopt good behaviour with them” (18:86) and: “Either you throw, or shall we be first to throw?” (20:65)… Fourth, permission, like: “Either you learn jurisprudence or grammar,” and: “Sit either with Hasan or with Ibn Sirin.” Fifth, elaboration, like: “Either grateful or ungrateful” (76:3). This is from Mughni al-Labib of Ibn Hisham (1:60) It is thus evident that imma does not have the meaning of restriction. Yes, when this word is used in between two opposite entities, it comes for restriction, not because it is from the meanings of the word imma, but because of the opposition between the two entities rationally. And since rationally a third thing can be added to generosity and ransom in the verse, it is evident that the word imma is not for restriction in the verse, but is in the meaning of permission by way of negating the possibility of combining between the various options, not actual exclusion [of any one of the options]. Once you are aware of this, the verse only mentions two options with respect to the captives without negating anything else. It is silent about other options and does not negate them. So when enslavement or execution are established by other Shar‘i proofs, the verse does not conflict with them or deny them, and enslavement is established by other decisive evidences as will come later if Allah wills, so it cannot be rejected based on this verse. As for the wisdom in Allah (Exalted is He) sufficing here with generosity and ransom, and not mentioning execution and enslavement, it is that execution and enslavement were widespread and known, and no one would doubt their permissibility when the Qur’an was revealed, but there was doubt only in the permissibility of granting favour and ransom, so Allah (Glorified is He) explained their ruling. Imam al-Razi answered it in another way, as he said in his Tafsir (7:508): “Imma and innama are for restriction[2] and their condition after captivity is not restricted to these two matters. Rather, execution, enslavement, generosity and ransom are all permissible. We say: This is a counsel, so He mentioned a general command applicable to all categories [of captives]. Enslavement is not permissible for the Arab captives, as the Prophet (Allah bless him and grant him peace) was from them, thus he did not mention enslavement. As for execution, [it is not mentioned] because the apparent [condition] of those who are thoroughly subdued is that they are crippled [and so cannot inflict any harm], and because killing was mentioned in His statement ‘smiting the necks’ (47:4). Hence, only the two options remain.” 2) When we consider the word generosity (mann), it may also include enslavement, as generosity is to release the captive without any monetary exchange and without killing [him] and that is also achieved by enslavement. This is why al-Zamakhshari said in al-Kashshaf (4:316): “It is possible that by ‘generosity’ is meant that he favours them by not killing them and they are put into slavery, or he favours them by releasing them after their acceptance of jizyah and [their acceptance of] being from the people of the covenant (dhimmah).” So if this explanation is taken and there is no obstacle to it at all[3], enslavement is [in fact] mentioned in this verse and is not negated or unmentioned. 3) Many verses were revealed after this verse which prove the permissibility of enslavement, and if the verse of generosity and ransom abrogated slavery, these verses would not have been revealed after it. The explanation of this is that Surah Muhammad is Meccan according to some Tabi‘in, like Sa‘id ibn Jubayr, al-Dahhak and according to al-Tha‘labi as al-Qurtubi related in his Tafsir (12:323); and it is Medinan according to the majority, but was revealed around the time of the Battle of Badr, either before the battle as indicated by the explanation of Ibn ‘Abbas in Tanwir al-Miqbas[4], or after the Battle of Badr as mentioned in Tafsir Ibn Kathir (4:173). Hence, the time of its revelation did not go beyond 2 H. And after that the following verses were revealed: He (Exalted is He) said in the verse of unmarriagable women (muharramat): “Also [prohibited are] women already married, except those whom your right hands possess,” (4:24) and this verse was revealed about the captives of Awtas, as has preceded in Bab Jawaz Wat’ al-Masbiyyah ba‘d al-Istibra from this book. Muslim transmitted the hadith from Abu Sa‘id al-Khudri that the Messenger of Allah (Allah bless him and grant him peace) on the Day of Hunayn sent an army to Awtas, whereupon they faced the enemy and fought them and overcame them and captured prisoners from them. People from the companions of the Messenger of Allah (Allah bless him and grant him peace) believed it was sinful to have intercourse with them due to their husbands from the idolaters, so Allah (Glorified and Exalted is He) revealed about that: “Also [prohibited are] women already married, except those whom your right hands possess” i.e. they are permissible for you, when their waiting period finishes. Hence, Allah (Glorified is He), in this verse, allowed enslavement and taking captives as concubines, even though it was revealed after the verse of generosity and ransom, so if enslavement was abrogated by the verse of generosity and ransom, how could this permission have been revealed in the year 8 H? He (Exalted is He) said in Surah al-Ahzab: “O prophet! We have made lawful to you your wives to whom you have paid their dowers; and those whom your right hand possesses out of the prisoners of war whom Allah has given to you as spoils of war.” (33:50) Hence, Allah (Glorified is He) allowed for His Messenger (Allah bless him and grant him peace) to take captives from the spoils of war as concubines, and it is known that no captive came as spoils of war in the Battle of Badr or Uhud or Ahzab but they came in the Battle of Khaybar and other later battles, so this ruling is definitely later than the verse of generosity and ransom. And then He (Exalted is He) said after that: “No women are lawful for you after this, nor is it lawful that you replace them [i.e. the present wives] with other wives, even though their goodness may attract you.” (33:52) Ibn Kathir said in his Tafsir (3:501): “Many scholars, like Ibn ‘Abbas, Mujahid, al-Dahhak, Qatadah, Ibn Zayd, Ibn Jarir and others, mentioned that this verse was revealed as a reward for the wives of the Prophet (Allah bless him and grant him peace) and in approval of them for their beautiful conduct in their choosing Allah and His Messenger [over worldly pleasures]. Their reward is that Allah restricted him to them, and He forbade him from marrying others, or to replace them with other wives even if their goodness attracts him, except slave women and captives, as there is no harm for him in them. Then He (Exalted is He) removed the burden from him in this and He abrogated the ruling of this verse and He allowed him to marry [others], although he did not marry thereafter, as a favour of the Messenger of Allah (Allah bless him and grant him peace) over them.” Thus the statement of Ibn Kathir proves that these verses were revealed after the choice given [to the wives of the Prophet (peace be upon him) mentioned in Qur’an 33:28-9], and the choice was given [to them] in the year 9 H, as al-Hafiz verified in al-Fath, Tafsir al-Ahzab (8:401), and in Bab Maw‘izat al-Rajul ibnatahu min al-Nikah (9:250), so this verse was certainly revealed in 9 H or afterwards, and there is permission of enslavement and taking slaves as concubines in it. From another perspective, the statement of Ibn Kathir clearly proves that he (Allah bless him and grant him peace) did not marry a woman after the revelation of this verse, and the last woman the Messenger of Allah (Allah bless him and grant him peace) married was Maymunah, who he married in 7 H during the make-up ‘umrah, as Ibn Sa‘d mentioned in his Tabaqat (8:132), so this verse was revealed after 7 H. In all cases, the verse was revealed long after the verse of generosity and ransom, and there is permission in it of enslavement and taking concubines. 4) It is established from the Prophet (Allah bless him and grant him peace) that he took slaves in more than one instance after the revelation of this verse, as he enslaved the women and children of Banu Qurayzah, which was shortly after Ahzab, and he enslaved the women of Khaybar – and from them Safiyyah, the Mother of the Believers (Allah be pleased with her) – and he enslaved Banu al-Mustaliq – and from them Juwayriyah, the Mother of the Believers – and he enslaved the women of Awtas, as has preceded, and the women of Hawazin and he distributed them amongst the fighters. The last word spoken by the Messenger of Allah (Allah bless him and grant him peace) is: “[be observant of] Salah, and [be good to] those your right hands possess,” as has preceded from the narration of Ibn Majah and Abu Dawud. The permissibility of slavery, and recognition of right-hand ownership, is evident in this. Hence, there is no ruling more decisive than this, and there is no possibility of abrogation therein at all, as it is the final word of the Noble Messenger (Allah bless him and grant him peace). Thereafter, slavery remained an institution practiced by the ummah in the time of the Sahabah and those after them, and no one condemned it. Were they all – and protection is from Allah – ignorant of the verse of generosity and ransom? Was there none amongst them who understood the Qur’an?! Would they not give attention to the laws of Allah (Glorified is He)?! Can anyone conceive of this from the Sahabah, Tabi‘in, jurists and hadith-masters who spent their lives and wealth in the path of conveying the pure religion, and did not fear in that the blame of a blamer? Thus, the clear manifest truth is that taking slaves is permissible in Islam, with its laws and its limits which have preceded, and nothing has abrogated it, and there are wisdoms in this which we have explained, and the opinion of its abrogation is rejected and is against consensus, and has no proof from the proofs of the Shari‘ah. Note: Here something important should be kept in mind, which is that most of the nations of the world have today formed a pact between them, and have agreed that a prisoner from the captives of war will not be put into slavery, and most of the Islamic lands today are participants of this agreement, particularly the members of the United Nations, so it is not permissible for an Islamic country today to put a captive into slavery as long as this pact remains. As for the question of whether this pact is allowed, I have not seen its ruling explicitly in [the writings of] the early scholars, and it is apparent that it is permissible because taking slaves is not something obligatory, rather it is an option from four options, and the option therein is for the Imam. And it is apparent from the texts on the virtue of emancipation and other [texts] that freedom is more desirable in the Islamic Shari‘ah [than slavery], so there is no harm in making such a pact, so long as other nations conform to it and do not violate it. And Allah (Glorified and Exalted is He) knows best the truth, and to Him is the return and destination. Takmilah Fath al Mulhim 1:260-269 _____________________________ Meaning, negating the possibility of taking all of the options at once. Instead, one of the options must be taken at the expense of the other options. [↩] It has passed that imma is not for restriction, so Imam al-Razi (Allah have mercy on him) erred here. (Mufti Taqi Usmani) [↩] This interpretation can be derived from the opinion of al-Hasan al-Basri, because he disliked executing the captive and he recited “either generosity or ransom” and he derived from this [verse] that the Imam does not have the right to execute the prisoners that come under his authority, but he has three choices: either freedom, ransom or enslavement, as mentioned in Tafsir al-Qurtubi (16:228). This entails that he included enslavement in “generosity,” and this is what became apparent to me in carefully reading Tafsir Ibn Jarir (26:24-5), as his speech indicates that generosity includes enslavement, and Allah knows best. (Mufti Taqi Usmani) [↩] Tanwir al-Miqbas, printed in a collection of four Tafsirs (5:592), and it is known that the chain of transmission of Tanwir al-Miqbas is not authentic to Ibn ‘Abbas, but I mentioned it as a possible interpretation. (Mufti Taqi Usmani) [↩]

Rasulullah Sallallahu Alayhi Wa Sallam has stated, Three Duas are accepted without a shadow of doubt: 1. The Dua of the father (for his children) 2. The Dua of the Musaafir (traveller while on journey) 3. The Dua of the Mazloom (an oppressed person). Abu Dawud Rasulullah Sallallahu Alayhi Wa Sallam has further stated, “.....The Dua of the oppressed one – Allah raises it above the clouds. The doors of the Heaven are opened for it, and Allah says, “By my splendour, I will most certainly aid you though it may be after some time.” Tirmizi Jamiatul Ulama (KZN) Council of Muslim Theologians 223 Alpine Road, Overport, Durban

Question: 1. Is a woman's voice her awrah? Can a woman speak with non-mahram men? 2. I have read the Ayesha(R.A) when communicating with non-mahrams would place her finger into her mouth to alter her voice. Should this be practised by Muslim sisters? Answer: In the Name of Allah, the Most Gracious, the Most Merciful. Without necessity, it is not permissible for a woman to communicate with a non-mahram man. However, if there is some necessity to do so, it will be permissible provided that the communication is restricted to what is necessary and that the woman does not use an alluring and tempting voice. It is not necessary to place one’s finger in the mouth when speaking to a non-mahram man due to necessity. (See: Ahsanul Fatawa: 8/40) And Allah knows best. Mufti Faizal Riza 30/11/2011 Darul Ifta Australia www.mufti-online.net

Question: _1)If a female has a nose rıng, will she have to twıst ıt or remove ıt for wudu and ghusl? 2)If yes, can you please explan where the water actually needs to reach? (the skın under rıng/ ınsıde the pierced hole) JazakumAllahu Khaıran. Answer: In the Name of Allah, the Most Gracious, the Most Merciful. Whendoing wudu and ghusl, it is compulsory on a woman who has a nose ring to ensure that water reaches her skin underneath the ring and inside the piercing (hole). If the ring is loose and she feels that most probably water will reach her skin under the ring as well as inside the piercing without moving and twisting the ring, she will not have to move and twist the ring when washing her nose. If the ring is tight or it is loose but she feels that most probably water will not reach her skin underneath the ring or inside the piercing without moving and twisting the ring, she will have to move and twist the ring when washing her nose so that water reaches her skin underneath the ring and inside the piercing. If the woman has the nose ring removed, when she does wudu or ghusl, if by passing water over the piercing, water goes inside the piercing then that is sufficient. If water does not go inside the piercing by merely passing water over it then merely passing water over the piercing will not be sufficient and she will have to deliberately make water go inside the piercing. However, she is not required to insert something –such as a toothpick etc – through the piercing to make water go inside it. في منية المصلي: ( امرأة اغتسلت هل تتكلف في إيصال الماء إلى ثقب القرط أم لا ) والقرط بضم القاف وإسكان الراء ما يعلق في شحمة الأذن (قال ) أي محمد في الاصل وهذه عادة صاحب المحيط يذكر قال ومراده ذلك( تتكلف فيه ) أي في إيصال الماء إلى ثقب القرط ( كما تتكلف في تحريك الخاتم إن كان ضيقا )والمعتبر فيه غلبة الظن بالوصول إن غلب على ظنها أن الماء لا يدخله إلا بتكلف تتكلف وإن غلب على ظنها أنه قد وصل فلا سواء كان القرط فيه أم لا وإن انضم الثقب بعد نزع القرط وصار بحال إن أمر الماء عليه يدخله وإن غفل لا فلا بد من إمراره ولا تتكلف بغير الإمرار من إدخال عود ونحوه فإن الحرج مدفوع (منية المصلي وغنية المبتدي: ص42 ، مكتبة نزار مصطفى الباز ) وفي الهندية: وجب تحريك القرط والخاتم الضيقين ولو لم يكن قرط فدخل الماء الثقب عند مروره أجزأه وإلا ادخله ولا يتكلف في إدخال شيء سوي الماء من خشب ونحوه كذا في البحر الرائق( الفتاوى الهندية: 1/14 ، مكتبة رشيدية) ( وانظر: خير الفتاوى: 2/50 ، مكتبة إمدادية ) And Allah knows best. Mufti Faizal Riza 17/1/2012 Darul Ifta Australia www.mufti-online.net

Hanafi Fiqh > Mufti-Online.net Is it permissible for a woman to go on pills to stop her menstruation during the month of Ramadan so as not to disturb her fasts and daily amal? Answer: In the Name of Allah, the Most Gracious, the Most Merciful. Menstruation is a natural thing that Allah Ta’ala has destined. The Shariah takes this into consideration and instructs women who menstruate in Ramadan not to fast in that state and to make up for the missed fasts after Ramadan. It is not advisable to take pills to stop one’s menses just so one can fast in Ramadan, as stopping the menses in not natural and can negatively affect one’s health. Moreover, there is no need to do so. Inshallah, a woman who could not fast in Ramadan due to menses will get the same reward as fasting in Ramadan when she makes up for her missed fasts after Ramadan. A menstruating woman is not prevented from engaging in all types of worship; she is permitted to engage in zikrullah (remembrance of Allah), sending salawaat upon Rasulullah (sallaaahu alaihi wa sallam) (darud), making dua etc. (See: Fatawa Rahimiya: 8/136) And Allah knows best. Mufti Faizal Riza http://www.mufti-online.net/taking-pills-in-ramadan-to-stop-menstruation.html

Q: Can women make Wudhu in menstruation? I have heard that menstruating women, after listening to each athaan, should make Wudhu and sit on the prayer mat and do zikr? Is it true? A: It is permissible for a woman to make Wudhu and sit on her musalla (prayer mat) to make zikr during haiz (menstruation). She does not need to wait for athaan, she can do this any time during the namaaz time. But she cannot read quran in this state and she cannot touch the quran. Also note that this is permissible, it is not necessary or wajib Mufti Siraj Desai http://www.askmufti.co.za/index.php?option=com_content&view=article&id=1178:making-wudhu-in-menstruation&catid=69:cleanliness&Itemid=81

QUESTION I have been told by some people that if the woman is menstruating then the divorce does not count. Is this correct? ANSWER In the name of Allah, Most Compassionate, Most Merciful, It is unlawful and sinful for a man to divorce his wife while she is in her menstrual period (haydh), but if he does so, the divorce is valid and comes into effect. However, it will be necessary for him to take her back (raj’a) if her waiting period (idda) has not come to an end until she becomes pure from her menses, then menstruates a second time and becomes pure. Thereafter, if he wishes, he may keep her and if he wishes he may issue a second divorce to her. (See: Radd al-Muhtar ala ‘l-Durr al-Mukhtar 3/233-234) Sayyiduna Abdullah ibn Umar (Allah be pleased with him) relates that in the time of the Messenger of Allah (Allah bless him and give him peace), he (Abdullah ibn Umar) divorced his wife while she was menstruating. [His father] Umar ibn al-Khattab (Allah be pleased with him) asked the Messenger of Allah (Allah bless him and give him peace) about it. The Messenger of Allah (Allah bless him and give him peace) said: “Command him to take her back. Then he should keep her until she becomes pure and then menstruates and becomes pure. Then, if he wishes, he can keep her, and if he wishes, he can divorce her before having sex with her. That is the prescribed period which Allah has fixed for the women to be divorced.” (Sahih al-Bukhari no: 4953) After recording the above Hadith in his Sahih, Imam al-Bukhari (may Allah be pleased with him) forms another chapter-heading, “Chapter: When a menstruating woman is divorced, it is counted as a divorce” in which he records the following narrations: Anas ibn Sirin (Allah be pleased with him) says that I heard Ibn Umar (Allah be pleased with him) say, “Ibn Umar divorced his wife while she was menstruating. Umar (Allah be pleased with him) mentioned it to the Messenger of Allah (Allah bless him and give him peace), and he said: “Take her back.” Anas asked, “Is the divorce counted?” Ibn Umar said, “Yes, of course.” (Sahih al-Bukhari no: 4954) Sa’id ibn Jubayr (Allah be pleased with him) relates that Ibn Umar (Allah be pleased with him) said, “It [divorcing the wife whilst she is menstruating] is counted as a divorce for me.” (Ibid) Imam al-Daraqutni (may Allah have mercy on him) records the same narration of Ibn Umar with a further addition that Umar ibn al-Khattab (Allah be pleased with him) then asked the Messenger of Allah (Allah bless him & give him peace), “Is the divorce counted?” The Messenger of Allah (Allah bless him & give him peace) replied: “Yes.” (See: Ibn Hajar, Fath al-Bari, 9/438) Based on the above narrations, bar a few scholars such as Imam Ibn Taymiya and Ibn Hazm, almost all of the classical scholars are of the view that divorce during menstruation, despite being unlawful, counts and comes into effect. This is the position taken by the Companions, vast majority of their followers (tabi’un) and the four Sunni Schools of Islamic law (madhdhabs). The renowned Hadith master (hafiz), al-Imam Ibn Hajar al-Asqalani (may Allah have mercy on him) states in his colossal commentary of Sahih al-Bukhari, Fath al-Bari: “Imam Nawawi [the great Hadith scholar and Shafi’i jurist] said, “Some of the literalists (ahl al-Zahir) deviated and said that divorce is not effected when a man divorces a menstruating woman because he does not have the permission to do so, and as such, it is similar to divorcing a strange woman (ajnabiyya). Al-Khattabi related this position from the Khawarij and Rawafidh sects. Imam Ibn Abd al-Barr [a renowned Hadith scholar and Maliki jurist] said, “No one opposes this position [of divorce being valid] except the people of innovation and deviation, meaning now.” (Fath al-Bari, 9/438) Similar to pronouncing two or three divorces at once, making a pronouncement of divorce during the woman’s menstrual period (hayd) is considered a divorce of innovation (talaq al-bid’a), and hence both forms of divorce are unlawful and sinful, but effective if carried out. It is stated in Al-Hidaya, a renowned classical Hanafi work: “If a man divorces his wife during the period of menstruation, the divorce will count, because the prohibition is due to an external reason…” (Al-Hidaya 2/357. Also see for the Hanafi School: Al-Fatawa al-Hindiyya 1/349 and Bada’i al-Sana’i 4/205, for the Maliki School: Hashiyat al-Dasuqi al ‘l-Sharh al-Kabir 2/570, for the Shafi’i School: Al-Majmu’ sharh al-Muhadhdhab 18/153, and for the Hanbali School: Al-Mughni 8/237) The wisdom behind this is that divorcing the wife in her menstrual period prolongs her waiting period (idda), because the menstrual period in which divorce is given will not be counted, and as such, her Idda will begin from the next menstrual period, resulting in unnecessary hardship for her. Another reason is that a man is generally less inclined towards his wife when she is menstruating; hence, it is possible that he may hasten in divorcing her without thinking properly of the consequences. (See: Bada’i al-Sana’i and Al-Mughni) In conclusion, divorcing one’s wife during her menstrual period is considered an innovation, and as such, unlawful and sinful. However, this does not mean that the divorce will not count. Killing someone unjustly is totally forbidden, but that does not mean the one killed will not die! The act being unlawful does not prevent death. The great Imam Zahid al-Kawthari (Allah have mercy on him) explains in his Al-Ashfaq ala Ahkam al-Talaq that the act of likening one’s wife to one’s mother in prohibition (zihar) is described in the Qur’an as “evil and false”, yet if one was to do Zihar, it will come into effect according to all the scholars. (Al-Ashfaq, P: 13) In light of the mentioned evidences, divorce during menstruation, without doubt, counts and comes into effect. However, one must avoid issuing a divorce in this period, since it is unlawful and sinful. And Allah knows best [Mufti] Muhammad ibn Adam Darul Iftaa Leicester , UK

QUESTION What do the scholars say about the missed prayers during haydh (menstruation)? Also can you detail the minimum faraaidh (fard ain) concerning the qada salah according to the hanafi madhab. I will appreciate if you can make it very detailed, I also seek your permission, Insha Allah to publish your answer on my webpage for others benefit. ANSWER In the name of Allah, Most Compassionate, Most Merciful, The obligation of prayer (salat) has been removed from a woman who is in her menstrual periods. As such, a woman need not make Qadha of the prayers she missed whilst in menstruation. A woman came to Sayyida A’isha (Allah be pleased with her) and asked: “Is it necessary upon a woman who is in her menstruation to make up (qadha) her prayers later? A’isha (Allah be pleased with her) replied: “Are you of the Haruri sect? We were not ordered to make up for the prayers missed due to menstruation during the days of the Messenger of Allah (Allah bless him & give him peace).” (Sahih Muslim) The great scholar of Hadith, Imam Nawawi (Allah have mercy on him) states in his commentary of Sahih Muslim: “The meaning of A’isha’s (Allah be pleased with her) statement: “Are you of the Haruri sect?” is that the Haruri sect used to believe that it is necessary to make up for the prayers that were missed during menstruation, and that this was contrary to the consensus of the Ummah.” (al-Minhaj Sharah Sahih Muslim, 394) The famous Hanafi scholar, Imam al-Quduri (Allah have mercy on him) states in his al-Mukhtasar: “Menstruation (hayd) waives prayer (salat) from a woman, and prohibits fasting for her. She makes up the fasting (later), but does not make up the salat.” (al-Lubab fi Sharh al-Kitab, 1/61). The reason why a woman will have to make up the missed fasts and not prayers during menstruation is that there is hardship in making up prayers, for there are five prayers daily. The case with fasts, however, is different in that there is no apparent hardship in making Qadha of the fasts. (ibid) Therefore, in conclusion, the obligation of Salat is lifted from a woman who is in her menstruation, and there is no need to make Qadha of these prayers. This, in the words of Imam Nawawi, is a unanimously accepted ruling among the Ahl al-Sunnah wa al-Jama’ah. With regards to the Qadha Salat, one must make Qadha of only the Fardh and not the Sunnah. Also, it is necessary to make Qadha of the Witr with the Eisha Fard according to the Hanafi Madhhab. And Allah knows best [Mufti] Muhammad ibn Adam Darul Iftaa Leicester , UK

Question If a woman menstruate for 7 days: 3 days heaving bleeding, 2 days medium/light bleeding and 2 days light brown discharge. 1. Does the woman have to wait until the brown discharge has stopped/cleared completely before performing ghusl and praying salah? 2. If the discharge is only noticeable when wiped with a tissue, does she still have to wait for the brown discharge to disappear before performing ghusl? Answer Muhtaram / Muhtaramah In the Name of Allāh, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh. 1.The brown discharge a woman sees during her days of menstruation will also be regarded as Haidh (menstruation). Hence, she should wait for the discharge to terminate, thereafter she should have a Gusul (complete bath) and perform Salāh. (Hāshiyatut Tahtāwi, Pg.139, Ilmiyyah)[1] (Tātārkhāniyyah, Vol.1, Pg.330, Idāratul Qurān) 2. Yes. Once the discharge has terminated totally, then only she should have a bath. And Allah knows best Darul Iftaa Madrasah Inaa’miyyah · The Sharée ruling herein given is specifically based on the question posed and should be read in conjunction with the question. · The Darul Ifta bears no responsibility to any party who may or may not act on this answer. The Darul Ifta being hereby exempted from loss or damage howsoever caused. This answer may not be used as evidence in any Court of Law without prior written consent of the Darul Ifta. [1] ( وركنه بروز الدم المخصوص ) هو من إضافة ما كان صفة أي الدم البارز وأما البروز فشرطه الثبوت وهو ما كان من الألوان الستة وهي السواد والحمرة والصفرة والكدرة والخضرة والترية ووقت ثبوته بالبروز وهو إنما يعلم بمجاوزة موضع البكارة وهي بالخروج إلى الفرج الظاهر إعتبارا بنواقض الوضوء http://www.alinaam.co.za/index.php?option=com_content&view=article&id=907:if-a-woman-menstruate-for-7-days&catid=116:women&Itemid=465

Wahab Ibn Munabbih رحمه الله narrates: "Once the Angel of Death عليه السلام was ascending towards the Heavens with the soul of a king who tyranny was second to none. On his way, he met some angels who asked, 'From all the souls of men that you have taken, whose did you feel the most compassion for?' The Angel fo Death عليه السلام replied, 'I was once instructed to take the soul of a woman who had just given birth to a young baby boy. She was alone in a jungle and I wondered what would happen to the baby who would be left alone without any living being in sight. After taking her soul, I was touched by such compassion which I had never experienced before.' The angels عليهم الصلاة والسلام exclaimed, 'That same baby grew up to become the tyrant king, whose soul you are now taking up.' The Angel of Death عليه السلام was astounded and exclaimed, 'O Allaah! You are pure, most kind and You do as You please.'" [ihyaa 'Uloomuddeen, vol 15, p2871; Jawaahir Paare, vol 1, p206] How many a person grows up in the shadow of Allaah's Mercy, only to flagrantly disobey Him without displaying any remorse! How many a person lives off the kindness of others, only to ignore them when he no longer requires their assistance! Truly, man becomes ungrateful when wealth intoxicates his sense of dignity and reason. [Pearls from the Path] (Posted by Seifiddeen-M on muftisays.com)

To work hard in acquiring knowledge is in your control, but to preserve that knowledge is not. Allāh Subhaanahu wata'ala looks at how hard you try and rewards you accordingly. When reading books or listening to lectures, make sure they are works of authentic, reliable and pious scholars, for reading people’s material or listening to their lectures is like sitting in their company.