Fiqh(131 answered online fataawa)

jaamiahamidia home October 23, 2008March 24, 2009 3 Minutes

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Published October 23, 2008March 24, 2009

4 thoughts on “Fiqh(131 answered online fataawa)”

Ali says:

March 7, 2009 at 2:37 pm

“Assalamoalaikum.
Sir i am an 18 year-old boy, who has fall in love with a girl. We both are unmarried. We often meet each other and keep in contact daily. Before I was not that much serious in religion, when i started this relation but now i concentrate more over it. Please help me out by answering the following questions stepwise:
1. is this relationship also included in zinah,
2. what are the orders of Islam regarding it,
3. geting closer and touching but not having sex is also forbiddden or not,
4. and we know that being too young, we can’t marry at present so how can we continue this relation?
Jazakallah khair
وعليكم السلام
باسمه تعالى
Dear Brother in Islaam, May Allaah grant you Taufeeq to concentrate mover over religion and comply with it in every sphere of life! The answers to your questions are as follows:
1. Every part of human body has its share in adultery and hence the relation referred to in the question is included in Zinaah. It is narrated on the authority of Abu Hurayrah رضى الله عنهthat the Nabee of Allaahﷺ said, “Allaah Most High has written for the son of Adam his inevitable share of adultery, whether he is aware of it or not. The adultery of the eye is looking (at something which is sinful to look at), and the adultery of the tongue is to utter (what it is unlawful to utter), and the inner-self wishes and longs for (adultery) and the private parts turn that into reality or refrain from submitting to the temptation.” (Al-Bukhari, Al-Qadr)
2. There is no sanction for such friendship in Islaam and hence it must be severed.
3. Getting closer and toughing a Ghair Mahramah is amongst the grave sins and hence strictly forbidden. Imaan Muslim رحمه الله تعالىrecorded on the authority of Ibn Abbaas رضى الله تعالىthat he heard the Nabee of Allaah ﷺdelivering a sermon and making this observation, “No man should be alone with a woman except when there is a Mahram and the woman should not travel except with a Mahram”. (As-Saheeh Al-Muslim, Kitaabul Hajj)
4. This is the real trail and the age and time to try being shaded by Allaah on the day where there will be no shadow bedside that of Him. Imaam Bukhari and Muslim رحمها الله تعالىhave recorded on the authority of Abu Hurairah رضى الله عنهthat the Nabee of Allaahﷺ said, “Seven people will be shaded when there will be no shade but Allah’s Shade– (day of resurrection)
1. A young man who grows up worshiping Allaah
2. A just ruler
3. The one whose heart is attached to Masjid
4. The two persons who love and meet each other for the sake of Allaah and depart from each other for the sake of Allaah
5. A who man refuses the call of a charming woman of high rank for an illegal sexual relation with her and says, “I fear Allaah”
6. A person who gives charity and conceals it that the right hand does not know what the left hand has given
7. A person who remembers Allaah in privacy and his eyes get flooded with tears. (Agreed upon)
Therefore, fear Allaah wherever you may be and don’t get convinced by society or the customs. Develop love for Allaah and His Rasool taking out all other loves from the heart. The only way to continue the relation referred to is the Shar’ee Nikaah. Imaam Bukhari and Muslim have رحمها الله تعالىrecoded on the authority of Abdullah Bin Mas’ud رضى الله تعالى عنهماthat they were with the Nabee of Allaahﷺ while they were young and had no wealth whatever. So the Nabee of Allaah said, “O young people! Whoever amongst you can marry should do as it helps him lower his gaze and guard his modesty and whoever is not able to marry, should fast as fasting is a means of controlling the sexual desire”.
والله اعلم

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E Ally says:

March 10, 2009 at 3:58 pm

Assalamualaykum Wa Rahmatullahi Wa Barakatuh

I work for a firm of accountants based in England, we have a big Muslim client base and a majority of them are unaware of the Islamic inheritance and will procedures.
Please could you enlighten us on the following so I could advise our Muslim clients of the Importance of Islamic Will:

1) Importance of Islamic Will.
2) How to draw up an Islamic Will?
3) Islamic Inheritance distribution method.
4) Who are Islamic heirs?
5) What percentage of the inheritance each of the heirs would receive?

May Almighty Allah reward you for your Khidmat of Deen and may our Creator endorse our humble efforts to serve Islam and reward us all and May Allah endorse our humble efforts with His seal of approval in both worlds. Ameen.

Jazakallah

Wassalaam

Enayat
وعليكم السلام
باسمه تعالى
The answer to your question are as follows:
1-2) It was obligatory for a dying person during the early period of Islaam when the shares of inheritors were not fixed by the Shariah to make a will within the one third of inheritance for parents and relatives in whatever proportion he chose and the rest went to children. “It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqin (the pious)”. (Suratul Baqarah 02:180)

The injunction concerning will was abrogated by the Aayah of inheritance as determined by most of the Sahabah and Tabi’yeen. It is recorded in the Sunan and other books that `Amr bin Kharijahرضى الله عنه said: I heard the Nabee of Allaah ﷺsaying in a speech, “Allaah has given each heir his fixed share. So there is no will for a deserving heir”. Imaam Ahmad recorded that Muhammad bin Sireen رحمه الله تعالىsaid that Ibn `Abbas رضى الله عنهrecited Surat Al-Baqarah until he reached the Ayah, “…if he leaves wealth, that he makes a bequest to parents and next of kin”, he then said, “This Aayah was abrogated.”

Therefore, making a will for those relatives who have a designated fixed share of the inheritance is not necessary rather is not permissible without the permission of other inheritors. However, the relatives who do not hold a legal share in the inheritance can be bequeathed upto one third of the total. It is recommended for a person who has enough wealth to draw a will for poor relatives who are not entitled to inherit according to the Shariah.

But it is essential for a person who could not manage to make up his missed Salaah, Sawm, Zakaat or Hajj or he owes to others or holds something in trust to make his will and make sure that all these rights have been included in the will. It is recorded in the Sahihayn that Ibn `Umar رضى الله عنهsaid that the Nabee of Allaah said, “It is not permissible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him”.

Ibn `Umar رضى الله عنهcommented, “Ever since I heard this statement from Allah’s Messenger, no night has passed, but my will is kept ready with me.” (Ibn Katheer)

3) After spending on the shroud and burial of deceased, paying his all obligation duties such as Mehr, debt and implementing will to the one third of his property, the remaining should be distributed amongst the heirs according the guidelines furnished by the Glorious Qur’aan, Sunanh and the Ijmah of Ummah. The distribution method is very complicated which requires through study and practice of the subject under the supervisor of an expert.

4) There are two types of heirs, heirs whose shares are fixed by the Shariah and the heirs whose shares are not fixed. The first type of inheritors are called Ashabul Farayeez whereas the second type of heirs are known as Asabaat.
Ashabul Farayeez are as follows:

a) Father
b) grandfather
c) stepbrother from mother
d) husband
e) wife
f) daughter
g) granddaughter
h) real sister
i) stepsister from father side
j) stepsister from mother side
k) mother
l) grandmother

Asabaat are those inheritors who have no fixed shares. The remaining inheritance after distrusting the fixed shares goes to the Asabaat and the entire inheritance belongs to they in absence of Ashaab Farayeez. They are different types of Asaabaat and the closest is given priority to the others as brother is deprived of inheritance in the presence of son.

The shares of Ashaab Faryeez have been mentioned in the following Aayah of Suratunnisaa:

“Allaah commands you for your children’s (inheritance): to the male, a portion equal to that of two – females; if only daughters, two or more, their share is two thirds of the inheritance; if only one, her share is half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit, (these fixed shares) are ordained by Allah. And Allah is Ever All-Knower, All-Wise.)
In that which your wives leave, your share is half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in Kalalah has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allah; and Allah is Ever All-Knowing, Most Forbearing.(Suratun-Nisaa 04:11-12)
والله اعلم

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KHADER says:

April 22, 2009 at 9:53 am

ASSALAMUALIKUM,
I WAS MAKE REAL NIYYAT BEFORE GOING TO BED THAT INSHA ALLAH I WILL WAKEUP FOR TAHAJJUTH SALAH. ALHAMDULILLAH MY EYES OPEN DURING THE TIME MAY BE 3 TO 4 AM, UNFORTUNATELY AGAIN I WAS SLEEP. I WAS WAKEUP DURING TIME OF ALARAM SOUND AT MY MOBILE FOR FAJER SALAH. DURING I WAK-UP AT FAJER SALAH, AUTOMATICALLY I RECITED “INNA LIL LAHI VA IN NAA ILAIHI RAJVOON” DUE TO I AM NOT ABLE TO WAKUP AT TAHUJUTH SALAH. AFTERWARDS I WAS RECITED KALIMA, ASSALAMUALIKUM AND DUA FOR WAKUP AT MORNING.
KINDLY REPLY YOUR COMMENT ACCORDING TO SHARIA WITH REGARDING I HAVE RECITED “INNA LIL LAHI VA IN NAA ILAIHI RAJVOON” OR IS THERE ANY DUA / QURAN VERSE INTEAD OF “INNA LIL LAHI VA IN NAA ILAIHI RAJVOON”.
وعليكم السلام
باسمه تعالى
It is recommended to recite ‘Innaa Lillaahi Wa Innaa Ilaihi Raaji’woon’ when afflict with calamity. Allaah says, “Who, when afflicted with calamity, say: “Truly, to Allah we belong and truly, to Him we shall return.” (Suratul-Baqarah 02:156)

There is no calamity for a Muslim greater than the loss of good and virtuous deeds. Therefore, reciting ‘Innaa Lillaahi …’ in the referred situation is not only permissible but is recommended.
والله اعلم

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Mahmoud says:

October 4, 2009 at 8:04 am

as salaam alaykum

I have a question about ijtihad. How far can a person be excused of ijtihad? There are some salafi scholars who say it is ok to spy on Muslims even though this is clearly haram. So this salafi scholars made haram halal and people have excused him bc it was his “ijtihad” even though what he did is kufr istihlal.

So everyone can be excused of ijtihad even though they contradict Islam? Can you clarify this.
Wa Alaykumus Salaam
Ijtihaad is only accepted if supported by a proof from Shariah. In other words if the ijtihaad is based on daleel shar’ii and a person errs then it will be excused.In Shariah three things are the usool of shariah and the fourth is an extract from the first three. The three are:-
1. Nas qat3i i.e.Qur’aan
2. Hadeeth nabawi
3. Ijma3
The fourth that is extract from the first three is qiyaas.If any mujtahid brings forth proof from the usoolthen he will be excused for erring.Another thing that is necessary for ijtihad is for the person to have the qualification of being a mujtahid.Otherwise his opinion is useless.

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