Monday, March 31, 2008

Suicide to Escape Rape


Suicide to Escape Rape
Question
Scholars of Islam, As-Salamu `Alaykum wa Rahamtu Allah wa Barakatuh. Can a Muslim woman kill herself if she is 100% sure that she will be raped by a group of men? Jazakum Allah khayran. ( Question Nabil - Lebanon )

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thank you very much for having confidence in us and we pray to Allah Almighty to help us achieve this noble task successfully. Also, we commend your concern about the affairs of your fellow sisters. May Allah protect our honor and save us against all forms of disgrace!

First of all, a Muslim woman should try her best to stick to the teachings of Islam and abide by the Islamic decorum, especially when dealing with people of the opposite sex. If she is sexually harassed by the rapists, she has the right to defend herself.

However, she is not allowed to kill herself under any circumstances because suicide is Haram (prohibited). The only One Who knows the Unseen is Allah. She never knows what will be the outcome of their criminal attempt; they may fail in carrying out their devilish plan.

Explaining this we'd like to state that a Muslim woman is faced with two possibilities:
(1) She is prone to being subjected to rape or sexual assault and
(2) this may drive her to committing suicide, a forbidden act. Here we can imagine the occurrence of two harms, one of them, relating to suicide, is certain, while the other, relating to her being subjected to rape, is something possible, but not certain. Thus, in this case, committing suicide is not permissible.

Moreover, we have to weigh the harmful effect of suicide to that of rape or sexual assault. The latter is endurable unlike the former. Besides, preserving one’s soul is among the necessities of life, whereas other objectives, such as preserving one’s chastity, come in the second degree among the fundamental goals that Islam is keen to realize. Thereby, it is not permissible for a woman, a victim of rape, to commit suicide.

Focusing on the question in point, the prominent Muslim scholar, Sheikh Muhammad Saleh Al-Munajjid, a Saudi Islamic lecturer and author, states:

“A woman who is forced to commit Zina (adultery or fornication) is obliged to defend herself and should not give in, even if she kills the one who wants to rape her. Self-defense is obligatory, and she is not at fault if she kills the one who wants to force her into having sex.

The Prophet (peace and blessings be upon him) is reported to have said: “Whoever is killed in defense of his property is a martyr, whoever is killed in defense of himself is a martyr, whoever is killed in defense of his religion is a martyr, and whoever is killed in defense of his family is a martyr.” (Reported by Imam Ahmad and Ibn Hibban)

In addition, a woman is not allowed to kill herself for fear of being raped. A chaste Muslim woman is required to fend off the aggressor, but she is not allowed to go to the extreme and kill herself. If she kills herself, then she has committed suicide which is Haram.

The Prophet (peace and blessings be upon him) is reported to have said: “The people of my Ummah are not responsible for acts that they commit wrongfully, for acts that they do forgetfully, and for acts which they are forced beyond their abilities.” Allah Almighty says, “…save him who is forced thereto and whose heart is still content with Faith…” (An-Nahl: 106)”

Sunday, March 30, 2008

Marriage Registration to a Married Woman for Papers

Marriage Registration to a Married Woman for Papers

Question
As-salamu `alaykum. I have a Muslim English friend who is married to a Muslim English man. They got married in the Islamic way but this marriage has not been registered in the registrar's office. Her husband has an Arab friend who wants to live in England. He has no other alternative to get permission to remain in England but to marry an English woman. The husband suggested that his wife marry his friend in the registrar's office. This has been done and witnessed. Is this marriage Islamically valid? Does it affect her first husband? Please answer this question, as this case occurs frequently in this country. ( Question By : Ayah - England)


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, thanks a lot for your question and the interest you show in having a clearer view of the true teachings of Islam. May Allah help you get the right understanding and stand firm on the straight path. Ameen.

Regarding your question, it should be clear that Muslims living in non-Muslim countries should abide by the laws of their countries. They should be good ambassadors of their religion and set examples for others in loyalty, honesty, truthfulness, etc. What those people have done is unacceptable and sinful. This marriage is void. Partners concerned should correct the situation and stop violating Shari`ah and laws of their countries.

Responding to the question in hand, the European Council for Fatwa and Research (FCFR-is a Dublin-based private foundation, founded in London at 29-30 March 1997 on the initiative of the Federation of Islamic Organizations in Europe, the European Council for Fatwa and Research (ECFR) is a largely self-selected body, composed by Islamic scholars, presided by world-renowned scholar Sheikh Yusuf Al-Qaradawi. ) issued the following fatwa:

The marriage contract entered into in the registrar's office is void. Consequently none of the rights of marriage can be based on it. All the results of it are null and those who entered into this marriage are delinquent and they have committed a sin. Whoever participated in facilitating or accomplishing this contract, while knowing that this lady is married, has taken part in this sin and violated the laws Allah has set. Allah stated among the prohibited marriages [Also (forbidden are) women already married ] (An-Nisaa' 4:24). Allah prohibits marrying a married woman.

Some people, due to their misunderstanding that a marriage contract entered into in the registrar's office is not valid, are negligent regarding this contract. They think that the marriage is only valid if entered into in a mosque or an Islamic center. This is wrong. Apart from the place, the marriage contract is valid provided the pillars and conditions are fulfilled. Had this woman not been married, that marriage contract entered into in the registrar's office would have been valid.

Since this contract is void, it should be cancelled as soon as possible. Again it should be cancelled as, since it is legitimate according to the civil laws, it may result in prohibited issues according to Islam. According to the civil laws this marriage is binding.

Needing permission to stay in a country cannot be used as an excuse to commit what is prohibited and violate the Shari`ah and the rights of others. Muslims are obliged to shun such issues based on deception and lies.

Saturday, March 29, 2008

Is Tarawih Mandatory on Women ?

Is Tarawih Mandatory on Women ?

Question
Dear scholars, As-Salamu `alaykum. Is Tarawih mandatory on women? Is it a confirmed Sunnah? Can you please shed some light on this issue for women who can’t go to the mosque for some reasons? Must they perform Tarawih as compulsory prayer, or is it nafl (supererogatory)? Jazakum Allah khayran. ( Question : Hiba - Alaska )


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.Ramadan is the month of the Qur'an, fasting, and qiayam (staying in late night vigilance praying). Ramadan comes to Muslims with mercy, release from sins, patience, and spiritual nourishment and hygiene. Fasting in Ramadan is not a punishment but a way to perfect our behavior, to sharpen our sense of responsibility, and to be more united.

In his response to the question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
According to the consensus of Muslim scholars, Tarawih is not considered mandatory on either men or women. Rather, it is only considered a recommended act. There is no evidence in the sources to make it obligatory. As far as I know, no jurist or imam has expressed such an opinion.Tarawih can be performed individually at home or at the mosque. If for some reason you cannot go to the mosque, you can pray Tarawih at home.We know from the traditions that the wives of the Prophet (peace and blessings be upon him) and other companions often used to pray Tarawih at home. Some of them even opened the Qur'an and read from it while performing Tarawih.Based on the above, if you are not able to go to the mosque, you would not be deprived of the reward or blessings if you were to perform it at home.

Moreover, the prominent Muslim scholar Dr. Muhammad Abu Laylah, professor of the Islamic Studies & Comparative Religions at Al-Azhar Univ., adds:
Tarawih prayer is a Sunnah and to do it in a Mosque is also a Sunnah.Women and even children should attend it at the Mosque because it displays the unity among Muslims and cements their relationships.Remember that we should honor the month of Ramadan to the utmost of our ability because in this month the Qur'an which is our light, guide, and legal and spiritual force was revealed to Prophet Muhammad (peace and blessings be upon him).

Friday, March 28, 2008

Gynecological Exam While Fasting

Gynecological Exam While Fasting

Question
Respected scholars, as-salamu `alaykum and Ramadan mubarak. I am fasting Ramadan and I have a gynecological appointment that is necessary. I have made it as late in the day as possible and my doctor is female. Iftar is very late in the day and it is not possible to make an appointment after iftar. My friends told me that if I go to the gynecologist and she touches me "there" I will negate my fast for the day. I asked my husband and he said he doesn't think so. I have no one to ask as I am a revert for a few years and do not have a female family member who is Muslim to ask and I am shy to ask my mother-in-law. I need to know an answer to this and if I need to make this day up. I am leaning toward its being OK as it is medical, very necessary, and non-sexual in nature, but I still question so if you could answer, please, it will be much appreciated. ( Question By : Heba - Canada )
Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Sister, may you have a happy and blessed Ramadan! Thank you for your question, which indicates your eagerness to live according to the rules of Islam. You are right to turn to knowledgeable people, rather than to friends or relatives, for answers to such questions. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the hereafter. Ameen.

As regards your question, we would like to make it clear that a gynecological exam during the days of Ramadan is not among things that nullify fasting. So do not worry about your fasting and go ahead with your docotr's appointment.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states the following:

I commend you for your zeal to know the rules of your religion. I pray that Allah grant us all beneficial knowledge, humble hearts, and acceptable deeds. Ameen.

Coming to the question you have raised, let me state the following:
The gynecological exam you need to undergo for medical reasons will not nullify your fast, for it does not fall in the category of things that invalidate the fast. Fasting is obviously nullified by deliberate consumption, intake, or ingestion of food, nutrients, or drinks; sexual intercourse; induction of emission of semen [or, in the case of women, sexual secretions] through masturbation or other activities; induction of vomiting; cupping; onset of menses or bleeding of childbirth; or deliberate intention to break the fast.The exam you have mentioned does not fall in any of the above categories. So you need not worry about going ahead with the exam.

May Allah accept our fasts and make us all worthy of meeting Him on the Day of Resurrection. Ameen.

A Woman Traveling for Conferences without a Mahram

A Woman Traveling for Conferences without a Mahram

Question
As-Salamu `alaykum wa rahamatullahi wa barakatuhu. My wife, who is a university lecturer (and a new Muslim), occasionally needs to travel abroad for conferences related to her area of research (i.e., the perception of Islam in the West). Given that I am unable to travel with her for personal reasons (work, financial, children) and that we live in a non-Muslim country, the only options available to us are that she travels on her own or with her female colleagues. Is the latter acceptable in Islam? If it is not, can you please explain whether or not the prophet's (peace and blessings be upon him) hadith that, “There will come a time when a woman will ride her camel to Iraq from Madinah on her own in total security” is of value here? It seems to me that the prohibition of women traveling without mahrams is related to safety, according to this hadith. Your advice will be much appreciated and may Allah reward you. ( Question By : Amin - Canada )

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thanks a lot for your interest about Islam and its teachings. We do really appreciate your question which shows how far you are interested about adherence to the dictates of Shari`ah. May Allah save us all from the traps of Satan and enlighten our hearts with the light of Islam!

Regarding your question, it should be clear that Islam cares for the dignity and honor of the woman. Because of her weakness and vulnerability to being targeted by vile men, Islam is keen to close the doors to such situations by insisting that a woman should not travel long distances or stay away from home by herself unless she has taken adequate measures to ensure her protection.

In response to your question, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"Islamic laws are always based on tangible purposes, benefits and wisdom for humankind. Therefore, the interdict against a woman traveling by herself is intended to ensure her honor and dignity; it is not in any way intended to restrict her freedom of movement or prevent her from attaining her full potential.

It is in this spirit that many scholars and jurists, even in the early days, understood the interdict of the Prophet (peace and blessings be upon him) concerning a woman traveling. That is why they said that she can travel in the company of women or any safe company. The Prophet's hadith quoted above can definitely be taken to indicate that the safety of the woman is the major issue; so there is nothing preventing women from traveling if the way is considered to be safe and if there is no fear of molestation.

Today's planes and public transportation provide sufficient protection. They are far safer than traveling in the desert. Even in the latter cases, pious Muslim women did not hesitate to travel with a group that would ensure her safety. So I do not see any reason why your wife should hesitate to travel, provided she has taken all necessary precautions, and that she places her trust in Allah after having done her best, so as to provide the essential service that she offers the community.”

Thursday, March 27, 2008

Any Restrictions on Women Going Out ?

Any Restrictions on Women Going Out ?

Question
Respected scholars, As-Salamu `Alaykum. I am a sister who lives in Canada. I was wondering if it's permissible for women to go out, especially, if it's with good Muslim sisters or to an event held by an MSA (Muslim Student Association). If there's nothing wrong with it, how can I explain to my parents that there's nothing wrong with it ? Jazakum Allahu khayran. (Question By Mai )

Answer
Wa`alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His sake.

Islam cares for the dignity and honor of women. In order to protect women, Islam insists that women should not travel long distances or stay away from home by themselves unless they have taken adequate safeguards for their own protection.

So if a Muslim woman has a genuine reason to travel and there is no mahram who can accompany her, then she is allowed to travel without a mahram — provided that she has taken all the necessary precautions for her safety and security during the course of her journey.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states the following:

Women are free to go out as long as they feel safe to do so. There is nothing in the Islamic sources to restrain the freedom of movement of women as long as they feel safe. The only restriction is that when and where it is unsafe to do so, women should venture out only while being accompanied by a mahram or in safe company of other women. The Prophet (peace and blessings be upon him) never restricted women's movements. He only told them that they should not travel a journey of three days and three nights without a mahram. This was because of the safety issue, for molestation and kidnapping were all too common in the unsafe conditions of Arabia at the time, where the Prophet (peace and blessings be upon him) began his mission. Making Arabia safe for women was an issue of utmost concern for the Prophet (peace and blessings be upon him) even in the early days of his mission. This fact is clear from a statement he made in Makkah: "I will continue to struggle with this mission until a woman can travel freely all by herself without any fear of molestation!" We must remember while making the above statement, he and his followers were being persecuted by the Makkans.

Furthermore, we also learn from the authentic Sunnah and the biography of the Prophet (peace and blessings be upon him) that women Companions of the Prophet were not confined to their homes; rather, they used to go around doing their business in the city. It is well known that the second caliph, `Umar, appointed a woman called Ash-Shifaa' as a supervisor of markets in Madinah. How could he do so if women were supposed to be confined to their homes? We also know that even the wives of the Prophet (peace and blessings be upon him) were accustomed to travel for Hajj and `Umrah without mahram in the safe company of other women. No one can fault the most honorable Mothers of the Faithful (may Allah be pleased with them all) for ignorance of such vital rules of Islam, including rules of travel for women. Among the wives of the Prophet who traveled were `A'ishah and Umm Salamah, who were considered unsurpassed in their expert knowledge of Hadith and fiqh.

It is therefore unreasonable on the part of any parent or husband to insist that his daughter or wife cannot travel to attend classes or conferences or beneficial gatherings to enhance their education and career. The case you have mentioned is a perfectly justified one.

Having said this, however, let me rush to add this: Try to have a free and frank discussion with your dad. You may refer him to this answer. He can also seek clarification from other qualified scholars in the city on the issue.

I pray to Allah to grant us discernment and rectitude in words and actions. Ameen.

Can a Woman Divorce Herself ?

Can a Woman Divorce Herself ?

Question
Respected scholars of Islam, As-Salaam `Alaykum wa Rahmatullah wa Barakatuh. I’d like to know the Islamic view regarding this question: Does woman have the right to divorce herself ? Jazakum Allah khayran. (Question By : Hasan - United Kingdom)

Answer
Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, it gives us great pleasure to receive your question, which is so interesting. May Allah enlighten our hearts with the light of Islam, Ameen!

Islam cares about family stability, which is the cornerstone of the Muslim society. Therefore, it lays downs rules and arrangements that guarantee that love and harmony prevail in the society.

Coming to the point your raised in your question, divorce, in principle, is the Shari`ah-based right of the husband; he can waive this right and can give his wife a right to divorce herself. There are other cases where the wife can end the marital bond such as Khul`.

In this regard, The European Council for Fatwa and Research, issued the following Fatwa:

“Originally Islam has given the right of divorce to man.

- Woman has the right to execute divorce if this is a condition stipulated in the marriage contract or the husband gives her this right later on.

- A woman can also ask for Khul` in front of a judge who should exhaust all means of reconciliation before sentencing Khul`.

- A woman may agree with her husband on divorce according to legal conditions.

- A woman may also ask the judge to divorce her if it is legally proved she has been harmed. The judge has the right to issue divorce verdict if the wife prove that harm. But the judge should try his best to make reconciliation, as Allah commanded him, especially by arbitrating to people to help him.”

Wednesday, March 26, 2008

Islamic Workable Measures to Overcome AIDS

What are the Islamic approaches for protection against AIDS ?
Question
As-Salamu `Alaykum. It has been proven beyond doubt that AIDS is a dangerous epidemic. It is also well known that prevention is better than cure. Now the question is: what are the Islamic approaches for protection against AIDS ? (Question By Dina - England)

Answer
Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh.
In The Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah’s Sake, meet your expectations.

First of all, let us stress the fact that Islam lays great emphasis on man as Allah’s Vicegerent on earth. Islam cares for the health of man and considers any aggression against his honor a punishable sin and a heinous crime. Man himself, as far as Islam is concerned, is ordered by the Shari`ah to protect himself, which is a trust from Allah, against all evils whether those evils are physical or not. He is to seek proper medication the moment he feels sick, and before falling ill, he is required by Islam to preserve himself from all health hazards as prevention is better than cure.

Therefore, Islam obliges Muslims to resort to medical preventive measures that specialists advise for the protection against dangerous diseases such as AIDS. On the part of doctors, they bear a huge responsibility of fighting this serious disease throughout trying their best to discover a cure for it as soon as possible. At the same time, they have to launch awareness campaigns that may help lessen the opportunities of the spread of this disease in the community. In such campaigns governments, organizations and individuals must cooperate in order to protect the community against this disease by all possible means.

In the same line, Islam waged a total war against all forms of illicit affairs. It prohibits a Muslim to even come closer to Zina, Allah Almighty says: [ …and do not come near Zina; indeed, it is an abomination and an evil way.] (Al-Israa’ 17: 32)
Focusing more on the question in point, we would like to cite for you the following:

There are three measures recommended by Islam, as part of its moral code, which are essential for the protection against AIDS or acquired Immune Deficiency Syndrome. These measures include marriage, proscription of sexual promiscuity and deterrence.

Marriage: This is an effective means to protect individuals especially young people, from indulging in illicit sexual activity. The teachings of Prophet Muhammad (peace and blessings be upon him) urge Muslims to make marriage affordable and easy for all members of society. He is reported to have said: “When a man comes to you seeking your daughter’s hand, and you are happy with his religious and moral integrity and honesty, give him your daughter; otherwise, immorality and corruption would spread among you all.” (Reported by At-Tirmidhi)

Proscribing Promiscuity: This is achieved through the following measures:

1-Urging men and women to control their sexual urge and avoid the lewd gaze which could arouse sexual desires and lead to unlawful sexual contact.Allah says in the Quran: [Tell the believing men and women to lower their gaze and protect their chastity, for that is bound to render them purer. Allah is aware of all that they do.] (An-Nur 24: 30)

2-Advising women to wear Hijab.Allah instructs the Prophet (peace and blessings be upon him) to tell believing women: [Not to show their adornments, except those that are ordinarily outward, and to cover their bosoms with their veil.] (An Nur 24: 31)They are also urged: [..Not to walk tantalizingly, with the intention of revealing their beauty…] (An-Nur 24: 31)Thus, Muslim women are taught to wear loose, plain and non-transparent clothes that preserve and enhance their dignity and modesty.

3-Discouraging men and women who are marriageable, from being together in private, in order to avoid the temptation of sexual attraction.

4-Fighting permissiveness and loose social mingling between the sexes outside the inner family circle.

5-Urging boys and girls as they come of age not to invade the privacy of their elders and peers without their permission. Allah says in the Qur’an: [Believers, do not enter the dwellings of others until you announce your presence and have greeted those inside them.] (An-Nur 24: 27)

6-Forbidding all provocative activities such as pornography, provocative singing, dancing, music and films, that tantalizes and arouse sensual feelings. Allah says in the Qur’an: [And of mankind is he who payeth for mere pastime of discourse, that he may mislead from Allah's way without knowledge, and maketh it the butt of mockery. For such there is a shameful doom.] (Luqman 31: 6)

Effective Deterrence:When education and upbringing fail and other preventive methods prove ineffective in stamping out permissive behavior in society, resort must then be made to punishment, as a deterrence to others. However, such punishments must be prescribed under very stringent conditions of proof. In case of illicit sexual acts, for example, punishment cannot be meted out without either a full admission by the accused, or the unanimous testimony of four eye witnesses who must agree on every detail of the misdemeanor.
The above quotation is excerpted, with slight modifications, from: http://www.islamset.com/qa.html

Abusing a Wife and Refusing to Divorce Her

Abusing a Wife and Refusing to Divorce Her

Question
Respected scholars, as-salamu `alaykum. My friend has been married for 10 years now, but he beats his wife and tortures her a lot, and he doesn't let her divorce him. After so much trouble, the wife took a wrong step by putting her impure liquid in the drink of her husband. Is there any way out of this vicious circle? Jazakum Allahu khayran.
(Question By Ayman - United States)

Answer
Wa `alaykum as-salam wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Brother, thank you for forwarding this question to us. We commend your keenness to get yourself well-acquainted with the teachings of Islam. May Allah help us all keep firm on the right path. Amen.

It goes without saying that the relation between the spouses should be based on tranquility, love, and mercy. It is the duty of both the husband and wife to act as a source of comfort and tranquility for each other. They should do what they can — physically, emotionally, and spiritually — to make each other feel happy and comfortable. They must care for each other. They should not inflict any physical or verbal injury whatsoever on each other.A husband is not allowed to torture his wife or abstain from divorcing her to increase her harm. So, it is our duty, dear brother, to advise your friend to fear Allah. He should respect his wife and stop beating her. He should either work on resolving the differences in a good manner or divorce his wife and leave her in peace.

In his response to your question, Sheikh Ahmad Kutty, senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Canada, stated,

If her husband is abusive toward her and she has no hope that he will ever change, then she has every right to seek divorce from him. If he refuses to grant her divorce, she can obtain it through legal and Islamic channels. In other words, she is perfectly justified in seeking a legal divorce on that ground. If she were to do so, then the divorce thus obtained would be validated as Islamic by the imam of the Islamic center or mosque in the area, if they are living in North America or anywhere in Europe where she has no recourse to Islamic courts.

According to authentic scholars and jurists who are versed in the Islamic fiqh (jurisprudence) of minorities, the court's divorce — as long as it has been justified in Islam — can be validated from an Islamic viewpoint by the imam of the mosque, who is duly qualified in Islamic jurisprudence and has the license to solemnize marriages.

Let it be known that Islam does not tolerate spousal abuse of any kind, whether physical or emotional, for Allah orders the husbands in the Qur'an to deal with their spouses kindly. Almighty Allah says, (And consort with them [you wives] kindly; then if you hate them, it may be that you dislike a thing while Allah has placed abundant good in it) (An-Nisaa' 4:19).

The above order of consorting with one's wife in a goodly manner has been interpreted by Imam Al-Qurtubi as obliging husbands to observe the highest standards of decency and humanity toward their wives. Hence, no wife should be made to go through torture or abuse. Furthermore, Allah gives husbands one of two legitimate options if they find themselves locked up in quarrels: (When you have divorced women and they have reached their term, then retain them in kindness or release them in kindness, and do not retain them to their hurt so that you transgress [the limits], and he who does that has wronged his own soul) (Al-Baqarah 2:231).

So, there is no third option — namely, to hold the wife as a prisoner in an abusive relationship. Accordingly, your friend is undoubtedly holding his wife as a prisoner in a marriage that neither he nor she is able to maintain according to the way Allah has ordered.It is therefore permissible for her to seek whatever legal channels at her disposal to come out of such an abusive marriage. She can get the legal divorce, which can then be validated from an Islamic perspective.

As for the issue of her practicing voodooism (black magic) against him, that is not allowed at all. She has committed a grave sin by resorting to this heinous act. She must ask Allah for forgiveness and expiate this evil act by engaging in good deeds, such as giving charities, etc. The fact that her husband has been abusive does not justify her resorting to this wicked act. May Allah inspire us all to speak and act righteously. Amen.

Tuesday, March 25, 2008

Wife Mixing With and Serving Husband's Guests

Wife Mixing With and Serving Husband's Guests
Question
Respected scholars, as-salamu `alaykum.It is well known that Islam doesn't allow free mixing of men and women. I live in Egypt, and there is a common tradition here that not related families (couples) visit one another freely and sit and chat together inside their homes — man with wife of his friend and vice versa. I do not clearly understand if this is allowed. If the Prophet (peace and blessings be upon him) said that there isn't friendship between a man and a woman and we (women) aren't even required to greet non-mahrams, how can we sit and speak freely like that?If my understanding is true and such visits are haram, can you also advise me how in the best possible way I can introduce this issue to my husband and solve this situation without being rude, mean, or regarded as "extremist"? My husband wants me to meet, serve, and talk to his guests. Definitely I do not wish to do anything that goes against modesty, but also I do not want to create more mischief than benefit. Jazakum Allahu khayran.
(Question By Heba - Egypt)

Answer
Wa `alaykum as-salam wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, first of all, we would like to thank you for your question, which has emanated from a thoughtful heart. May Almighty Allah help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the hereafter. Amen.

Islam does not prohibit women from serving or takling to non-mahrams while observing modesty and adhering to the teachings of Islam regarding dealing with people from the opposite sex.

In response to your question, prominent Muslim scholar and Da`iyah Zeinab Mostafa stated,
Islam does not forbid all mixing with the opposite sex, especially when there is a need for it. If a family is visiting you and you all sit together, talking modestly, observing hijab, refraining from speaking too openly in a way that attracts a person from the opposite sex, then that is OK. It was related that the Prophet (peace and blessings be upon him) asked one of his Companions to host someone who did not have anything to eat. The Companion, as it was narrated, asked his wife to join them at the table, turn off the lights, and pretend that she was eating, because they did not have enough food for all of them. This hadith is enough as an answer to your question. Had it been forbidden for a wife to sit with a non-mahram in the presence of a mahram, the Companion would not have asked his wife to do that.Also, the Prophet's wife Zainab bint Jahsh (may Allah be pleased with her) served the people in her wedding. She would bring the food to the men who came to congratulate the Prophet and her. Had it been forbidden for woman to mix in that way, she would not have done it.It is allowed for a woman to interact with and welcome her guests, whether men or women, as long as there is no khulwah (seclusion of a woman with a non-mahram) and the Islamic codes of conduct in public are observed. So, there is no need to create unnecessary mischiefs.
(Answer By: Zienab Mostafa
Zienab Mostafa is a well-known Da`iyah based in London. She is distinguished in clarifying the Islamic rulings pertaining women's issues, Place of Birth: Egypt – Alexandria , Marital Status: Married to Kamal El- Helbawy with four Children and two Grandsons, Qualifications: 1. B.A in Law from The Law College in Alexandria University, Egypt. 2. Diploma in Islamic Studies from the same University, Job:Used to work as a lawyer in Egypt for 12 years, Activities: •Started in the Da`wah field in Egypt mainly among the students.•Used to give circles for the students (girls) in the Islamic University in Pakistan. The students were from different places of Asia.•She was the Director for the (yaqaza) magazine in Britain•She is working in the Da`wah field among the women.•She was in charge for the Muslim Women Organization in Britain between 1999-2000.•She is a member in the Shura committee from 1997 -1999.)

Monday, March 24, 2008

Women Performing Funeral Prayer

Women Performing Funeral Prayer


Question
As-Salamu `Alaykum. What is the Islamic ruling concerning Muslim women praying Funeral Prayer?



Answer
Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh
In The Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah's Sake, meet your expectations. In his response to the question, Dr. Muzammil Siddiqi, former president of the Islamic Society of North America (ISNA), states the following:

“Some people think that Muslim women are not allowed to perform the Funeral Prayer or Salatul Janazah. There is no basis for this belief. Both Muslim men and women are urged to perform Funeral Prayer for those who die among them. It is the right of the deceased Muslim upon those who are living that they take good care of him. The Funeral Prayer is a collective obligation or Fard Kifayah for men. If a person dies in a community and some people among them perform the Janazah Prayer for the deceased, then all others have no blame. But if no one in the community performs it then the sin of this negligence will fall on the whole community.

Islam does not insist that women must come out for the Janazah Prayer, but if they are available then they should join other Muslims in the prayers. Of course, like other prayers, this Janazah Prayer also requires purification or Taharah and ablution. Women during their menses are not allowed to perform the Janazah Prayer. When we perform the Janazah Prayers we do not only seek Allah’s Blessings and Forgiveness for the Muslim male or female who passed away, but we also receive the Blessings of Allah for our own selves. It is important that more and more Muslims attend the Janazah Prayers of other Muslims. Abu-Hurayrah, may Allah be pleased with him, quoted the Prophet, peace and blessings be upon him, as saying:"(A believer) who accompanies the funeral procession of a Muslim out of sincere faith and hoping to attain Allah's reward and remains with it till the funeral prayer is offered and the burial ceremonies are over, he will return with a reward of two Qirats. Each Qirat is like the size of the (Mount) Uhud. He who offers the funeral prayer only and returns before the burial, will return with the reward of one Qirat only.” (Reported by Al-Bukhari)” If you have any further comments, please don't hesitate to write back! May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.

Wednesday, March 19, 2008

Pre-marital Relations with a Non-Muslim

Pre-marital Relations with a Non-Muslim

Question
Dear Sheikh, As-Salamu `alaykum. My friend has a big problem and I would like to help her but how? She has a boyfriend who is very kind and she thinks that his behavior is very good, but the problem is that he isn't a Muslim. This important thing is missing, so she can't marry him. She has a bad conscience because she has a boyfriend although it is haram in Islam. She is Muslimah and she asks Allah for tawbah (repentance) and that Allah change the mind of her boyfriend so she always hopes that Allah can open his heart to accept Islam. My questions are: What should she do to stay in touch with Allah and by Islam? And is she still a Muslimah? Can Allah forgive her mistakes? She said that she will never give up Islam but her love to him is too strong. How can I help her to show her the right way?


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us. We commend your pursuit of knowledge and your care for the destiny of your friend. May Allah protect all of us against the evils of Satan and of our own selves.It is obvious that Islam does not allow Muslims to have friends from the opposite gender, whether they are Muslims or non-Muslims. Males should not have female friends and females should not have male friends. Non-mahram males and females may talk to each other, but should not socialize or go out in parties. A single male and female should never be together in a place where they are all alone, isolated without the access of any one else. Islam has given these rules to save men and women from committing sin or getting involved in situations where they might commit sin.Responding to the question, Dr. Muzammil H. Siddiqi, President of the Fiqh Council of North America, states the following:


A Muslim's love for Allah should be more than any other love. Allah says in the Qur'an, (Those who believe, they are more ardent in the love of Allah.) (Al-Baqarah 2: 165) Also Allah says: (Say: If it be that your fathers, sons, brothers, your mate or your kindred, the wealth that you have gained, the commerce for which you fear a decline or the dwellings in which you delight are more dear to you than Allah and His Messenger and striving in His path, then wait until Allah brings about His decision and Allah guides not the rebellious.) (At-Tawbah 9: 24)If your friend really loves Allah, then she should give up that which is not pleasing to Allah. It was haram for her from the beginning to be involved in this relationship. Now she should make tawbah and if her tawbah is sincere, Allah will forgive her. But she should break this relationship immediately and inform this person that she cannot marry him unless he becomes Muslim.May Allah bless her and keep us all on the right path.

Friday, March 7, 2008

Removing Hair between the Eyebrows

Removing Hair between the Eyebrows

Question
As-Salamu `alaykum! Is it permissible for a man to remove hair from the chest, back, and between the eyebrows?


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Brother, first of all, we’d like to say that we are impressed by your question, which emanates from a thoughtful heart. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.

As for your question, Dr. Rif`at Fawzi, professor of Shari`ah at Cairo Univ., states:

"There is no evidence from the Qur'an or the Sunnah that forbids cutting short the hair from the chest and back; but the removal of hair from these parts may be considered a form of imitating women, something forbidden according to the hadith: 'May Allah's curse be inflicted on women imitating men and vice versa.' As for women, it is permissible for them to remove hair from these parts because it causes them harm.

As for removing the hair from between the eyebrows, it is lawful, because it is not part of the eyebrows. But as for plucking the eyebrows, it is forbidden and not permissible in Islam, according to the Hadith: 'May Allah's curse be inflicted upon women who pluck their eyebrows, and women hired to do this.'

What is prohibited is an-Nams, which denotes removing the hair of the eyebrows by plucking in order to make it thin. The Prophet (peace and blessings be upon him) is reported to have cursed both women who do the plucking and those who seek to have it done. (Reported by Abu Dawud)"

Wednesday, March 5, 2008

Wearing Jewelry During Ihram

Wearing Jewelry During Ihram

Question
Respected scholars, as-salamu`alaykum warahmatullah.
After a week, in sha' Allah, I will be traveling to perform `Umrah, and I have gold jewelry to wear as adornments. So, is it permissible for me to wear it during my ihram?Thanks for your efforts.


Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, thanks for your question. Your keenness to learn more about the rulings of `Umrah is commendable; may Allah help you to perform it and reward you best for practicing such an important act of worship.

The majority of Muslim jurists find no harm for a woman to wear jewelry during ihram, unless it is used for tempting or grabbing attention of men.

In response to your question, Dr. `Abdul-Kareem Zidan, professor of Shari`ah at Baghdad University , states the following,

It is permissible for a woman to wear any jewelry during ihram, as it has been reported by Al-Bukhari that `A'ishah (may Allah be pleased with her) did not find any harm in wearing jewelry for a muhrimah (a woman who is in the state of ihram).

In addition, it is stated in Al-Mughni by Ibn Qudamah that Imam Ahmad reported that Nafi` said, "Ibn `Umar's wives and daughters used to wear jewelry and dresses dyed with safflower during ihram, and he used not to contest their action." Imam Ahmad also reported — as mentioned in Al-Mughni — that `A'ishah elaborated that a woman can wear in ihram whatever she used to wear when she is not in state of ihram, such as silk and jewelry.

Thus, the Hanbali school of thought — as far as I could conclude — allows wearing jewelry by women during ihram, as it is reported by Hanbal that Imam Ahmad said, "A muhrimah can wear jewelry and clothes dyed with safflower."

Likewise, Malikis and Hanafis adopt the same view based on the juristic ruling that wearing jewelry is a permissible adornment, and a muhrimah is not prohibited from wearing adornments, along with the proofs that maintain the permissibility of wearing jewelry.

Shedding more light on this issue, Mahmoud Isma`il, the editor of Hajj and `Umrah counsels at IslamOnline.net's Arabic website, states,

The majority of Muslim jurists rule that wearing jewelry by women during ihram is permissible; however, we must differentiate between wearing adornments that are permissible according to the boundaries of Shari`ah and wearing jewelry with the intention of exposing it in front of men — other than the husband or mahrams— for temptation and/or grabbing attention, which is impermissible in general whether at the time of ihram or otherwise.Wearing jewelry for unlawful goals is worse during ihram and inside the Sacred House of Allah.

Saturday, March 1, 2008

Islamic Fashion Shows Displaying Hijab

Islamic Fashion Shows Displaying Hijab

Question
As-salamu alaykum.Is it OK for hijab to look pretty (colorful, artistic)? And is it OK to hold Islamic fashion shows that display beautiful hijab clothing on models or to promote those clothes online?Thanks in advance!


Answer
Wa `alaykum as-salam wa rahmatullahi wa barakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear sister in Islam, thank you for the confidence you place in us, and we implore Almighty Allah to help us serve His cause and render our work for His sake.

As far as Islamic Shari`ah is concerned, there is nothing wrong for hijab to be colorful and artistic as long as it is not unusually attractive. One of the objectives of hijab is modesty and bashfulness. A Muslim woman is obliged to wear hijab, which is part of the beauty and ornament that cannot be concealed.

In his response to your question, Sheikh Mohamed El-Moctar El-Shinqiti, director of the Islamic Center of South Plains, Lubbock, Texas, states,

Almighty Allah says, [They (women) should not display their beauty and ornaments except what (must ordinarily) appear thereof] (An-Nur 24:31). Hijab is part of the beauty and ornament that cannot be concealed, and should not be concealed. There is nothing wrong for hijab to be colorful or artistic unless it is unusually attractive and flashy.As for Islamic fashions and using models, they go against the objective of hijab, which is modesty and bashfulness. Therefore, I do not think it is permissible. Prophet Muhammad (peace and blessings be upon him) said, "Allah is Good, and He only accepts that which is good." And for every good thing, the means toward achieving it must be good as well.