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.)