Fathwa, - Separation between spouses is not divorce, even if it lasts long

Question
Assalam o Alaikum brother I would like to ask sumthing from you asyou
have better knowledge. When I got married to my husband he said that I
could ask for separation or divorce whenever i wanted. Doesthat mean
he has given me right to divorce myself whenever i want? We had some
issues in our marriage and I didnt want to be with him anymore. I am
not with him for last 3 months now. M I divorced already? He doesnt
want to leave me and want meto go back to him. But as i had intended
to leave him and not been with him for last 3 months. I am not sure if
I am divorced already or not? Can you please help me with this. If I
go back to him is there a nikkah to be done again or we can just start
living together again? Wasalam Sister
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
The saying of the husband to his wife that she could ask for
separation or divorce whenever she wants is not an authorization for
the wife to divorce herself. Rather, the wife has the right to seek
divorce if there is a sound reason for that. We have pointed out the
valid reasons for seeking divorce in Fatwa 131953 . For more benefit,
kindly refer to Fataawa 85390 and 86307 .
The principle state is that the marriage is still valid and the wife
is still married to her husband until her husband, the Islamic judge,
or whatever acts on his behalf dissolves her marriage, like the
Islamic centers. Accordingly, you know that you are still in marriage
with your husband and what you have stated that you have intended to
leave him and the like does nothave any effect. If marriage is still
valid, then there is no need for what was stated of renewing the
contract. Each of you should deal with the other kindly andeach of you
should know his duties and fulfill themproperly. In that way,
thefamily will be stable and happy. Please refer to Fataawa 85308 and
85167 about the rights of the husband and wife upon each other.
As for divorce, its ends are mostly bad and it leads to the break-up
of the family and the loss of children, if the couple areblessed with
children. So,both husband and wife should observe patience towards one
another, both of them should overlook the minor mistakes of the other,
and mutual understanding and respect should prevail among them.
If the situation reaches a dead end and life between them becomes
miserable and the woman hates her husband and fears not to fulfill his
rights, then she has the right to seek divorce from him, even inreturn
for compensation to be paid for the husband. That is what the
scholars call Khul'. Formore information, pleaserefer to Fatwa 89039 .
We should draw attention to the following two matters:
Firstly, separation between the husband and wife is not deemed divorce
no matter how long it lasts as we have pointed out in Fataawa 82732
and 89825 .
Secondly, the wife shouldnot leave the marital house or go out of her
husband's house withouthis permission except with a sound reason;
otherwise, she will be disobedient to her husband and to her Lord.For
more benefit, please refer to Fatwa 99860 .
Allaah Knows best.- -e-p - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Fathwa, - It is not undutifulness to let old parents cook for adult sons

Question
Salaamu Alaykum dear Shaykh, I am in urgent need of an answer for
mySituation. May Allah guide us to his truth. Ameen. I have two
Questions bi ithnillah ta ala : 1. I am 22 years old and my Parents
have reached an old age (Mother is over 60 and Father over 70, both
live seperate) and they still cook food for us (2 brothers who live
with them) when we are at their place. I dont want them to do this as
they have reached an old age ma sha Allah and I am also scared of
being accounted for it on Yawmal-Aakhir. It would be nota problem if
they dont cook anymore as I could take care of myself with the help of
Allah. What is the best do? Tell them not to cook? Eat outside? Do
anything else? Please clarify in sha Allah... 2. What is the ruling
regarding obedience to them and the way of treatment as they were born
in a muslim country,used to pray etc but now have stopped all these
acts of obedience to Allahsubhana wa ta ala... My Father doesnt want
to pray and my mother prays maybe once in 2 or 3 months as she wants
to... Please help me out with my Situation and may Allah reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
First of all, may Allaah reward you for your keenness on being kind
and dutiful to your parents and for being merciful to them.
The Sharee'ah has highlighted the right of being kind and dutiful to
the parents in all cases even if they are wrong asthis does not make
them lose this right. The best way of being kind and dutiful to your
parents is to endeavor to guide them to the straight path and teach
them the matters of their religion. Also, you should supplicate Allaah
to guide them and enable them to repent, and you should remind them of
Allaah and the bad fate of the one who dies while he is negligent of
his religion especially theprayer which is the pillar of Islam and the
link between a person and his Lord.
For more benefit on how to be kind and dutiful to the parents and how
to invite them to preserve the prayer, please refer to Fataawa 21794 ,
82254 and 19274 .
Also, you should endeavor to eliminate the causes of this dissension
between your parents as much as possible and reunite the family.
As regards cooking, then if they are able to do so, then it might be
more appropriate to let them do it as this might be useful for them
and they might feel at ease when serving their children. However, you
should help them as much as possible even by purchasing food from
restaurants sometimes and the like.
But if they, or one of them, cook with difficultyand they need help or
a servant to help them and the like, then the children are obligated
to serve them each according to his own ability. Ibn Muflih saidin
Al-Aadaab Ash-Shar'iyyah while clarifying the rights of the parents on
their children: " Among their rights is to serve them if they both or
one of them needs to be served, and honor their invitation and obey
their order as long as it is not a sin. "
Allaah Knows best.- -e-p - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Fathwa, - He wrote a house in his second wife's name before his death

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: (A son) Number 5 -Does the deceased have female
relatives who are entitledto inherit : (A daughter) Number 5 (A wife)
Number 1 - Additional information: Assalamu alaikum, My father did
second marraige after hisfirst wife died. From his first wife he had 3
sons and 3 daughters. and from second wife 2 sons and 2 daughters. Am
from second mother. When my father was alive he wrote house in my
mother name, in which we are staying. Now he is no more. My other
brothers(Sons of first mother) they are demanding share from my mother
from this house. How we have to divide the share. What precations to
be taken, please guide me.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
If the deceased did not leave any other heir except those mentioned in
the question, then his wife gets one-eighth of the inheritance as her
legal share due to the existence of direct heirs (children); Allaah
says (what means): { But if youleave a child, then for them [i.e. the
wives] is aneighth of what you leave,after any bequest you [may have]
made or debt. } [Quran 4:12]
The remainder will be divided amongst the sonsand daughters by
Ta'seeb(by virtue of having a paternal relation with the deceased and
not having an allotted share, so they get what is left after the
allotted shares have been distributed); the male twice the share of
the female as Allaah says (what means): { Allaah instructs you
concerning your children[i.e. their portions of inheritance]: for the
male, what is equal to the share of two females. }[Quran 4:11]
Therefore, the inheritance should be divided into 120 shares, the wife
gets one-eighth,which is 15 shares, each son gets 14 shares, and each
daughter gets 7 shares.
As regards the house whom the deceased had written in the name of his
wife, then if he had done so as a will that she takes after his death,
then this is a will for an heir and it is forbidden inIslam. This will
cannot be effective except after the consent of all the other heirs
for the Hadeeeth of Abu Umaamah Al-Baahili who said: " I heard
theMessenger of Allaah saying: ' Verily Allaah has given every
rightful person his right, so there is no bequest for an heir. ' This
was related by Ahmad , Abu Daawood , Ibn Maajah , and At-Tirmithi .
Ahmad and At-Tirmithi deemed it Hasan (good). Ibn Khuzaymah and Ibn
Al-Jaarood deemed it strong. Ad-Daaraqutni reported it from Ibn
'Abbaas but added at the end of it: ' Unless the heirs agree to this
'. Ibn Hajar considered its Isnaad (chain of narrators) to be Hasan.
Therefore, if your half-brothers from your father's former wife do not
agree to make this will effective, then they have the right to take
their share from the house and it is not permissible for your mother
to prevent them from their right.
On the other hand, if the deceased had written thehouse as a Hibah
(gift) to his wife, not as a will to be effective after his death,
then if he had gifted it to her during hisdeath sickness, then this
gift is not effective because the gift during death sickness takes the
same ruling of the will [i.e. not effective and forbidden]. Ibn
Al-Munthir said: " All the scholars whom I know their statements
agreed that the ruling of gifts during the illness in which the donor
died hasthe same ruling as the will; this is the view of Al-Madeeni,
Ash-Shaafi'i, and Al-Koofi. " Since it has the same ruling as a will,
then the previous explanation applies to it that it is not effective
except with the consent of the other heirs.
However, if the deceased had gifted the house to his wife while he was
in good health and he was not during an illness that might cause him
to die, then a man gifting the house where he lives to his wife is not
consideredan effective gift until he himself goes out of it
(thehouse), and takes all his belongings from it and she takes
possession of the house and disposes of it as if it was her own
property, so if he had notdone so and he lived in itwith her until he
died, then it becomes inheritance that should be divided among the
heirs like all his other wealth, and in this case the gift is
considered void as stated by some jurists.
Allaah Knows best.

--


--
e- - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Many benefits of seeking forgiveness

Do you want to have peace of mind, reassurance, and joy?
You should ask for the forgiveness of Allaah The Almighty. Allaah The
Almighty Says (what means): } And [saying],"Seek Forgiveness of your
Lord and repent to Him, [and] He Will Let you enjoy a good provision {
[Quran 11: 3]
Do you want to have a strong body and be healthy; free of diseases and
disabilities? You should ask for the forgiveness of Allaah The
Almighty. Allaah The Almighty Says (what means): } AskForgiveness of
your Lord and then repent to Him. He will send [rain from] the sky
upon you in showers and Increase you in strength [added] to your
strength. { [Quran 11: 52]
Do you want to drive disasters and accidents away and be safe from
Fitnah (trials) and dilemma? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } But
Allaah would not punish them while you, [O Muhammad], are among them,
and Allaah would not punish them while they seek forgiveness. { [Quran
8: 33]
Do you want rain in continuing showers, righteous children, lawful
money, and expanded sustenance? Then you should ask for the
forgiveness of Allaah The Almighty. Allaah The Almighty Says (what
means): } And said, 'Ask forgiveness of your Lord. Indeed, He Is ever
a Perpetual Forgiver. He will send [rain from] the sky upon you in
[continuing] showers. And give you increase inwealth and children and
provide for you gardens and provide for you rivers. { [Quran 71: 10-
12]
Do you want your sins to be forgiven, your rewards to be increased,
and your rank to be elevated? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } And say,
'Relieve us of our burdens.' We will [then] forgive your sins for you,
and We will Increase the doers of good [in goodness and reward]." {
[Quran 2: 58]
Asking for forgiveness is the successful remedy for getting rid of
sins. This is why the Prophet, , ordered us to ask for the forgiveness
of Allaah The Almighty frequently. The Prophet, , said: "O people! Ask
for the forgiveness of Allaah and repent to Him as I ask for the
forgiveness of Allaah and repent to Him one hundred times a day."
Allaah The Almighty is satisfied with the one who asks for His
forgiveness as this person acknowledges his sin as if he says, "O
Allaah! I have made a mistake and I was negligent withYour rights as I
wronged myself and the devil tempted me and mysoul which is a
persistent enjoiner of evil betrayed me. I relied on Your mercy,
forgiveness,and forbearance. Now, I come to You while repenting and
regretting, so forgive me, removemy sins and mistakes as I do not have
any other Lord but You. O Allaah! Even if my sins are grave Your
Forgiveness is greater and more comprehensive ."- -e-p - ▓███▓
Translator:-> http://translate.google.com.my/m?sl=auto&tl=en&hl=en
▓███▓ - -

How to improve your relationship with the Quran

It is recommended for every believing man and woman to recite the Book
of Allaah, the Noble Quran, often, with due contemplation and
understanding. This may be doneby using a copy of the Quran or from
one's memory. Allaah - the Most High – Says (what means): " [This is]
a blessed Book (the Quran) which We have revealed to you, [O Muhammad,
sallallaahualaihi wa sallam], that they mightreflect upon its verses
and that those of understanding would bereminded ." [Quran 38:29]
Are you one of those people who rarely touch the Quran? Or do youread
it daily, but don't find it is having the impact on you that it
should? Whatever the case may be, these are some simple tips that can
help you connect with the Quran.
1. Before you touch it, check your heart
The key to really benefiting from the Quran is to check your heart
first, before you even touch Allaah's book. Ask yourself, honestly,
why you are reading it. Is it to just get some informationand to let
it drift away from you later? Remember that the Prophet Muhammad was
described by his noble wife, 'Aa'ishah as a "walking Quran": in
other words, he didn't just read and recite the Quran, helived it.
2. Before you touch it, do your Wudhoo' (ablution)
Doing your Wudhoo' is good physical and mental preparation to remind
you that you are not reading just another book. You are about to
interact with Allaah, the Most Exalted, so being clean should be a
priority when communicating with Him.
3. Start with reading only five minutes everyday
Too often, we think that we should read the Noble Quran for at least
one whole hour. If you are not in the habit of reading regularly, this
is too much. Start off with just five minutes daily. If you took care
of step one, Insha Allaah (Allaah willing), you will notice that those
five minutes will become ten, then half an hour, then an hour, and
maybe even more!
4. Make sure that you understandwhat you have read
Five minutes of reading the Quranin Arabic is good, but you need
tounderstand what you are reading. If you are not Arabic, or you don't
understand the Arabic language, then make sure you have a good
translation of the Quran in the language you understand best. Always
try to read the translation of what you have read that day.
Regarding those who neglect theGlorious Quran by not reading or not
understanding it, Allaah Almighty Says (what means): " And the
Messenger has said, "O my Lord, indeed my people have taken this Quran
as [a thing] abandoned ." [Quran: 25: 30]
Allaah Almighty informs us aboutHis Prophet and Messenger, Muhammad
that he said: "My Lord my people have abandoned -acting or listening -
to the Quran"and that is because the idol-worshippers did not pay
attention nor listen to the Quran, as Allaah Says (what means): "And
those who disbelieve say, "Do not listen to this Quran and speak
noisily during [the recitation of] it that perhaps you will overcome."
[Quran 41:26]
5. Remember that the Noble Quran is far more interactive thana CD
In an age of "interactive" CD-ROMsand computer programs, a number of
people think books are passive and boring. But the Quran is not like
that. Remember that when you read the Glorious Quran, you are
interacting with Almighty Allaah. He Almighty is talking to you, so
pay attention.
6. Do not just read, you have to listen too
There are now many audio cassettes and CDs of the Quran, a number of
them with translations as well. This is great to put on your walkman
or your car's CD or stereo as you drive to and from work. Use this in
addition to your daily Quran reading, not as a replacement forit.
7. Make Du'aa' (supplication).
Ask Allaah, the Most Exalted, to guide you when you read the Quran.
Your aim is to sincerely, for the love of Allaah, interact with Him by
reading, understanding and applying His blessed words. Making Du'aa'
to
Allaah for help and guidance will be your best tool for doing this.
When you are making du'aa', you have a direct connection with Allaah
Almighty. So when you are saying your du'aa', you shouldn't be
distracted, but instead you should be fully concentrated. The Prophet
said:
" Make Du'aa' and be assured of itbeing answered, and know that
Allaah, the Exalted, does not answer a Du'aa' from a careless heart
which is not concentrating." ] At - Tirmithi [- -e-p - ▓███▓
Translator:-> http://translate.google.com.my/m?sl=auto&tl=en&hl=en
▓███▓ - -

Alcohol drink blamed for oral cancer rise

Alcohol is largely to blame for an"alarming" rise in the rate of oral
cancers among men and women in their forties, say experts.
Numbers of cancers of the lip, mouth, tongue and throat in this age
group have risen by 26% in the past decade.
Alcohol consumption has doubled since the 1950s and is the most likely
culprit alongside smoking, says Cancer Research UK.
Each year in the UK around 1,800 people die from the disease.
There are 5,000 newly diagnosed cases per year.
Other risk factors that may be involved include a diet low in fruit
and vegetables, and the sexually transmitted human papillomavirus
(HPV), which also causes cervical cancer.
Figures produced by Cancer Research UK show that since the mid-1990s,
rates of oral cancers have gone up by 28% for men in their forties and
24% for women.
The charity's health information manager Hazel Nunn said: "These
latest figures are really alarming.
"Around three-quarters of oral cancers are thought to be causedby
smoking and drinking alcohol.
"Tobacco is, by far, the main risk factor for oral cancer, so it's
important that we keep encouraging people to give up and think about
new ways to stop people taking it up in the first place.
"But for people in their 40s, it seems that other factors are also
contributing to this jump in oral cancer rates.
"Alcohol consumption has doubled since the 1950s and the trend we are
now seeing is likely to be linked to Britain's continually rising
drinking levels."
The most common signs of the disease are ulcers, sores, or red or
white patches in the mouth that last longer than three weeks, together
with unexplained pain in the mouth orear.
Alcohol Concern chief executive Don Shenker said: "Many people are not
aware of the connection between alcohol and cancer, yet as this
research shows, it can be a major contributor or cause of the disease.
"While alcoholic liver disease remains the number one killer linked to
alcohol, more and morepeople are suffering from oral cancers - and
record drinking levels have undeniably played a part."
He said it was time to introduce tobacco-style health warnings onalcohol.
Source: BBC

--


--
e- - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Dougpht - clear, - What is the ruling on one who was born to Muslim parents then apostatised before or after reaching puberty?.

I hope that you can answer my question clearly and in detail, because
it is of particular importance to me. This question comes from another
person, who says: "I believe in Allah, may He be glorified and
exalted, and I am a Muslim; I know that Islam is the best of
religions. Islam is not a belief like that of the Jews, who think
thatthey are God's chosen people. If they really are God's chosen
people, then why did God createfive billion people who are not Jews?!
Whatever the case, Islam is the bestof religions. But with regard to
compulsion in religion, didn't Allah, may He be glorified and exalted,
say: "There is nocompulsion in religion" [al-Baqarah 2:256]? It may be
that a non-Muslim enters Islam,so why is it not permissible for a
Muslim to change to another religion, especially if he is born in
Islam and doesnot have the choice to choose another religion?I do not
see anything in the Qur'an to indicate the hadd punishment
forapostasy; rather the ideaof this hadd punishment developed at the
hands of ignorant Muslims whodid not know the true religion of Islam.
Is that not so?" Please advise me, may Allah reward you with good.
Praise be to Allah.
Firstly:
Apostasy (riddah) means turning away from Islamin word, deed or
belief. If a person dies in that state, all his good deeds are
rendered invalid andhis punishment will be Hell, to abide therein for
eternity. Allah, may He be exalted, says (interpretation of the
meaning):
"And whosoever of you turns back from his religion and dies as a
disbeliever, then his deeds will be lost in this life and in the
Hereafter, and they will be the dwellers of the Fire. Theywill abide
therein forever"
[al-Baqarah 2:217].
The apostate should be asked to repent; if he does so, all well and
good, but if he does not he is to be executed as a kaafir. The ruling
on the apostate is agreed upon,with no difference of opinion among the
scholars concerning it, apart from the view of the Hanafis who say
thatthis does not apply to women, but this is a da'eef (weak) opinion.
For evidence on the hadd punishment for apostasy, please see the
answer to question no. 20060
With regard to hadd punishments, it is not stipulated that they should
be mentioned in the Qur'an. Rather it is sufficient for them to be
proven by a text of the Revelation (wahy), with no differentiation
between a Qur'anic text and a hadeeth text. We are surprised at the
audacity of the man whose words you quoted, when he claims that the
hadd punishment for apostasydeveloped at the hands of ignorant
Muslims. Whatever the case, it seems that the one who said these
things is ignorant of sharee'ah, and we ask Allah to forgive him.
Secondly:
Once it is proven that theruling on the apostate is that he is to be
executedas a kaafir, if he does not come back to Islam, after that we
have to explain that this ruling does not contradict the prohibition
on compelling people to enter Islam, because this prohibition does not
include the one who hasapostatised from Islam. The scholars of Islam
are unanimously agreed that the verse "There is no compulsion in
religion" [al-Baqarah 2:256] is not general in application and it does
not include the apostate,according to scholarly consensus.
Ibn Hazm (may Allah have mercy on him) said:With regard to the words
of Allah, may He be exalted, "There is no compulsion in religion"
[al-Baqarah 2:256], that does not constitute evidence for them,
because the entire ummah is agreed that this verse is not to be
understood as it appearsto mean; the ummah is unanimously agreed that
the apostate who has turned away from his religion is to be compelled
(to come back).
End quote from al-Muhalla, 1/188
Thirdly:
With regard to the Muslim who was born to Muslim parents turning away
from the religion of Islam when he grows up, this is an important
matter, the discussion of which will be addressed in the following
points:
1.
Muslim children follow their Muslim parents. Hence the one who has two
Muslim parents is deemed to be a Muslim, so he may inherit or be
inherited from, and if hedies he is to be washed and buried, the
funeral prayer is to be offered for him and he is to be buried in the
Muslim graveyard. And in the Hereafter he will be one of the people of
Paradise, according to scholarly consensus.
The Shaafa'i scholar an-Nawawi (may Allah have mercy on him) said:The
one whose parents, or one of them, are Muslim is also regarded as a
Muslim with regard to rulings concerning the hereafter and worldly
matters. End quote from Sharh Muslim, 16/208
The Hanbali scholar Ibn Qudaamah (may Allah have mercy on him)
said:The child follows his parents in both realms (i.e., this world
and the hereafter). If the parentsare of different religions, then he
must follow the one who is Muslim, such as the child of a Muslim man
from a kitaabi (i.e., Jewish or Christian) woman. End quote from
al-Mughni, 10/91.
See also the answers to questions no. 139430 , 14392 and 6496
2.
It is not necessary for thechild to reach puberty for his Islam to be
valid; rather Islam is valid fromthe age of discernment. This is the
view of the majority of scholars apart from ash-Shaafa'i and Zufar who
was one of the Hanafis.
The Hanbali scholar Ibn Qudaamah (may Allah have mercy on him)
said:Generally speaking, a child's Islam is valid. This is the view of
Abu Haneefah and his two companions, and also of Ishaaq, Ibn Abi
Shaybah and Abu Ayyoob.
Ash-Shaafa'i and Zufar said: His Islam does not become valid until he
reaches puberty. End quote from al-Mughni, 10/85. There is also a good
argument to show that those few who differed were wrong. See also:
Baadaa'i' as-Sanaa'i' by al-Kaasaani, 7/104.
The correct view is that of the majority, for the following reasons:
(a) The hadeeth of AbuHurayrah who said: The Messenger of Allah
(blessings and peace of Allah be upon him) said: "There is no child
who is not born in a state of fitrah, then his parents make him a Jew
or a Christian or a Magian." Narrated by al-Bukhaari,1292 and Muslim,
2658.
(b) The fact that Sayyiduna 'Ali (may Allahbe pleased with him) and
other Sahaabah became Muslim when they were minors, before they
reached the age of puberty.
(c) It was narrated that Anas (may Allah be pleased with him)
said: There was a Jewish boy who used to serve the Prophet (blessings
and peace of Allah be upon him). He fell sick, and theProphet
(blessings and peace of Allah be upon him) came to visit him. He sat
by his head and said to him: "Become Muslim." (The boy) looked at his
father, who was with him, and he said to him: Obey Abu'l-Qaasim
(blessings and peace of Allah be upon him). So he became Muslim, and
the Prophet (blessings and peace of Allah be upon him) left, saying:
"Praise be to Allah Who has saved him from the Fire." Narrated by
al-Bukhaari, 1290
3.
The apostasy of a child who has reached the age of discernment counts
as such accordingto the majority of scholars, whether he is Muslim
because his parents are Muslim or hebecame Muslim by himself. This is
different from the view of ash-Shaafa'i and Abu Yoosuf, because they
do not think that his becoming Islam before the age of puberty does
not count in the first place.
Ibn Qudaamah (may Allah have mercy on him) said: If a person utters
the words of Islamor says that he is a Muslim, then denies any
knowledge of what he said, his denial is not to be accepted and he is
anapostate. This was statedby Ahmad in several places.
If that is proven, then if he – i.e., the child – apostatises, his
apostasy counts as such. This is the view of Abu Haneefah and it is
the view of the madhhab of Maalik.
According to ash-Shaafa'i, neither his becoming Muslim nor hisapostasy
counts as such. It was narrated from Ahmad that his becoming Muslim
countsas such but his apostasy does not. End quote from al-Mughni,
10/88
The Hanafi scholar Ibn 'Aabideen (may Allah have mercy on him)
said:The words "If a child who has reached the age of discernment
apostatises, it counts as such" are applicable whether he became
Muslim by himself or wasMuslims because his parents were Muslim, then
he apostatised before reaching the age of puberty. So his wife becomes
haraam to him,and he can no longer inherit from a Muslim relative. But
he is not to be executed, because execution is a punishment and he is
not one of those who can be punished in this world (because he is a
minor). End quote from Haashiyat Ibn 'Aabideen,4/257
The more correct view – and Allah knows best – isthat in the case of a
childwho has reached the age of discernment, his becoming Muslim
countsas such but his apostasy does not.
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allah have mercy on him)
said: The one who has passed puberty is the opposite of the minor. If
he apostatises when he is a minor, thenthe apparent meaning of the
words of the author – i.e., al-Hajaawi – is that he does not become a
kaafir, because he is not accountable for his deeds and the Pen has
been lifted from him. So if he were to commit shirk by prostrating to
an idol and the like, we do not describe him as a kaafir; similarly,
if he does not pray, we do notdescribe him as a kaafir. Based on that,
the apostasy of one who hasnot reached puberty does not count as such.
This is the apparent meaning of the author's words, and it is the
correct view.
But our view is that the apostasy of a child who has reached the age
of discernment does count as such, but he is not to be called to Islam
until after he reaches puberty, when he shouldbe asked to repent. If
he repents, all well and good; otherwise he is to be executed.
There is a third opinion regarding the case of the minor, which is
that his apostasy counts as such and he is to be called to Islam. If
he repents, all well and good; otherwise he is to be executed.
So there are three opinions, but the correctview is that his apostasy
does not count as such, because of the general meaning of the
evidencewhich indicates that the minor is not accountable. End quote
from ash-Sharh al-Mumti' 'ala Zaad al-Mustaqni', 14/445, 446
4.
Those who say that his apostasy does count as such do not say that he
is to be executed when he is still a child, apart from an odd opinion
which says that he should be asked to repent and if he repents all
well and good, otherwise he is to be executed.
Ibn Qudaamah (may Allah have mercy on him) said: The child is not to
be executed, regardless of whether we say that his apostasy counts as
such or not, because punishment is not to be carried out on a child.
That is based on the fact that the rulings on zina, stealing and
anyother actions that are subject to hadd punishments do not apply in
his case, and he cannot be killed in legal retaliation (qisaas). End
quote from al-Mughni, 10/62
In al-Mawsoo'ah al-Fiqhiyyah, 22/181 it says: Those who say that the
apostasy of a child counts as such are of theview that he is not to be
executed before he reaches puberty. End quote.
With regard to the odd view that the apostate child who has reached
the age of discernment is to be executed, the Hanbali scholar
al-Mirdaawi (may Allah have mercy on him) said:And it says in
ar-Rawdah:The apostasy of one whohas reached the age of discernment
counts as such, so he should be asked to repent. If he repents all
well and good, otherwise he is to be executed and the rulings on one
who has reached puberty also apply to him. In the case of one who has
not reached the age of discernment, we should wait until he reaches
puberty. If he reaches puberty and is still an apostate, he is to be
executed after asking him to repent.
And it was said that he should not be executed until he reaches the
age of puberty and becomes accountable. End quote from al-Insaaf fi
Ma'rifat ar-Raajih min al-Khilaaf, 10/249
5.
According to the Hanafis,he should be left until hereaches puberty,
then heshould be forced to return to Islam with beatings and threats.
According to the Hanafis,he should be left until hereaches puberty,
then heshould be asked to repent; if he repents all well and good,
otherwise he is to be executed.
Ibn 'Aabideen al-Hanafi (may Allah have mercy on him) said: The words
"he should be forced… with beatings" means i.e., he should be
detained.
I say: The apparent meaning is that this should come after he reaches
puberty because, as we have seen above, the child is not subject to
punishments. Moreover, in Kaafi al-Haakim it says: If a prepubescent
child apostatises from Islam, he is not to be executed. If he reaches
puberty as a kaafir, he is to be detained and not executed. End quote
from Haashiyat Ibn 'Aabideen, 4/257
The Hanbali scholar Abu 'Abdullah az-Zarkashi (may Allah have mercy on
him) said: If the child persists in his rejection of Islam, he becomes
an apostate, but he is not tobe executed until he reaches puberty. End
quote from Sharh az-Zarkashi 'ala Mukhtasar al-Khiraqi, 3/93
The Hanbali scholar Abu'l-Hasan al-Mirdaawi (may Allah have mercy on
him) said: With regard to the words "he is not to be executed until he
reaches puberty and three days have passed since the time he reached
puberty", this is our opinion and it is the opinion of most of our
companions; it was stated definitively by themajority of them. End
quote from al-Insaaf fi Ma'rifat ar-Raajih min al-Khilaaf, 10/249
In al-Mawsoo'ah al-Fiqhiyyah, 13/229, it says: The Hanafis and
Hanbalis are of the view that it is valid to describe a child who
hasreached the age of discernment a kaafir if he says or does that
which implies kufr.
From the words of the Maalikis, it may be understood that this is to
be limited only to the prepubescent child who has reached the level of
discernment.
However, they are unanimously agreed that he should not be executed;
rather he should be forced to return to Islam by meansof beatings,
threats and detention.
According to the Hanbalis, he should be left until after he has
reached the age of puberty and has been asked to repent, then if he
persists he should be executed, because of thehadeeth, "The Pen has
been lifted from three: from the one who is asleep until he wakes up,
from the one who is insane until he recovers, and from the child until
he grows up." End quote.
6.
If the child reaches puberty and affirms Islam or continues to be
regarded as a Muslim, then he apostatises, in this case he is an
apostate according to scholarly consensus.
Al-Kaasaani (may Allah have mercy on him) said:If he affirmed Islam
thenapostatised, he is to be executed because of his apostasy. End
quote from Badaa'i' as-Sanaa'i', 7/135
7.
If the child reaches puberty as an apostate and nothing is heard from
him to suggest thathe accepts Islam, then heis an apostate according
to the Hanbalis. He should be asked to repent (and if he does so, all
well and good), otherwise he is to be executed.
Ibn Qudaamah (may Allah have mercy on him) said: If he reaches puberty
and remains steadfast in his apostasy,then the ruling of apostasy
applies in this case. So he should be asked to repent three times; if
he repents all well and good, otherwise he is to be executed, whether
or not we said that he was an apostate before he reached puberty, and
regardless of whether he was originally a Muslim then apostatised,or
he was a kaafir who became Muslim when hewas a child then apostatised.
End quote from al-Mughni, 10/62
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allah have mercy on him)
said: But what isthe original status of theperson; is it kufr or
Islam?
The answer is that if his parents or one of them were Muslim, then he
is a Muslim. Then if he chose something other than Islam, he is an
apostate. End quote from ash-Sharh al-Mumti' 'ala Zaad al-Mustaqni',
14/452
He also said: Our view – i.e., the Hanbali view – isthat the apostasy
of a minor who has reached the age of discernment counts as such, but
he is not to be called to Islam until after he reaches puberty. Then
he is to beasked to repent; if he repents, all well and good,
otherwise he is to be executed. End quote from ash-Sharh al-Mumti'
'ala Zaad al-Mustaqni', 14/446.
He is not an apostate according to the Hanafis and Shaafa'is. Based on
that, he is not to be executed, but he is to be forced to return to
Islam by means of detention and beatings according to the Hanafis; and
efforts should be made with him according to the Shaafa'is.
Ash-Shaafa'i (may Allah have mercy on him) said:If a person affirms
faith before reaching puberty, if he was of sound mind, then he
apostatises before or after reaching puberty, then does not repent
after reaching puberty, he is not to be executed because he did not
believe when he was an adult. But he should be instructed to believe
andefforts should be made with him, but he is not to be executed, if
he does not come back to Islam. End quote from al-Umm, 6/649
Al-Kaasaani (may Allah have mercy on him) said:If a child's parents
are Muslim and he is deemed to be a Muslim on that basis, then whenhe
reached puberty he was already a kaafir andnothing was heard from him
after reaching the age of puberty to indicate that he was a Muslim, he
is not to be executed, because there is no apostasy on his part. That
is because apostasy means disbelieving after havingbelieved, but there
was no belief in the first place after he reached puberty, because
there is no evidence to indicate that.
Therefore he is not to beexecuted. However he should be detained,
because he was regarded as a Muslim before he reached puberty. End
quote from Badaa'i' as-Sanaa'i', 7/135
Ibn Qudaamah al-Maqdisi (may Allah have mercy on him) said:Ashaab
ar-ra'y said: If one or both of his parents became Muslim, and he
reached the age of understanding but rejected Islam, he is to be
forced to be a Muslim and is not to be executed. End quote from
al-Mughni, 10/91
The words of the Hanafisand Shaafa'is are limitedto cases when the
child, upon reaching puberty, did not remain Muslim either by
affirmation or by doing the rituals of Islam, because in such a case,
if he committed an act of apostasy after that, then he is an apostate.
Rather what they meant by saying that was that when the child reached
puberty hewas following something other than Islam and he was not
Muslim in either word ordeed.
Fourthly:
As the issue of apostasy is controversial and there is a difference of
opinion concerning it among the scholars, the matter should be
referred to the judge; whatever the shar'i judge decides is what
should be applied in the case of one who reachespuberty as an
apostate.
Whatever the case, we should not focus too much on a matter concerning
which there is a difference of scholarly opinion – which is the
question of whether he should be asked to repent or not – or ignore
that on which there is scholarly agreement, which is thathe is a
kaafir whose destiny is the Fire of Hell,to abide therein for
eternity. It is very strange to see those who defend such a person
saying that he is not an apostate and thathe should not be forced to
become Muslim, and that he does not come under the heading of an
apostate. It is as if those say this want to be compassionate and kind
to him, but how do they know that they are not harming him thereby.
Those scholars who say that the hadd punishment for apostasyshould not
be carried out on him did not suggest that he should be left to his
own devices; rather some of them said that efforts should be made
until he comes back to Islam; others said that he should be detained,
threatened and beaten until he becomes Muslim;others said that he
should be asked to repent, and if he repentsall well and good,
otherwise he is to be executed for apostasy. Although this punishment
may appear to be tough and harsh, in fact it is true compassion and
mercy towards him, because it may save him from dying in a state of
kufr, which if he dies in that state he will deserve to spend eternity
in the Fire of Hell.
What is amazing is that it may take some people a lifetime to come to
Islam, and they may giveup all that is precious to them in the
process, whilst this man has beengranted an immense blessing by Allah,
may Hebe exalted, which is that He has caused him to be born to Muslim
parents, then he is ungrateful for this blessing and disbelieves in
the One Who bestowed it upon him, and he chooses to worship a human
being or to venerate a rock or an animal. One should not respond in
such a manner to the smallest of blessings, so how about for the
greatest ofthem?
And Allah knows best.- - http://translate.google.com/m -

Dougpht - clear, - She does not distinguish between secretions from the vagina that invalidate wudoo’ and sweat.

I want to ask about something. I know that secretions from the vagina
invalidate wudoo', but I have been affected by waswaas (whispers from
the Shaytaan) and have started to do wudoo' forevery prayer. Does a
small amount of secretions invalidate wudoo'? How can I differentiate
between that and sweat? This matter is causing hardship for me.
Praise be to Allah.
What is meant by secretions from the vagina is secretions that come
from the uterus. These secretions are colourless and a woman may not
be aware of them coming out. They vary and may be lighter for one
woman and heavier for another.
In al-Mawsoo'ah al-Fiqhiyyah (32/85) it says: Secretions from
thevagina are a colourless liquid that may be madhiy or sweat. End
quote.
Ibn Hazm (may Allah be pleased with him) was of the view that these
secretions do not invalidate wudoo'.
However the majority are of the view that theydo invalidate wudoo',
unless they are continuous, in which case she should do wudoo' for
every prayer after the time for it begins, after which it will not
matter if any secretion comes out.
See the answer to question no. 44980
According to the opinionthat it invalidates wudoo', it is not
obligatory to do wudoo' for that unless one is certain that it has
come out. If there is any doubtas to whether what has come out is
secretions orsweat, it is not obligatory to do wudoo',because the
basic principle is that one remains in a state of purity unless one is
certain that what invalidates it has occurred.
And Allah knows best.

--


--
e- - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Quran: Clear Truth - STATUS OF PROPHET MUHAMMAD

"Have We not opened your breastfor you (O Muhammad)? And removed from
you your burden. Which weighed down your back? And have We not raised
high yourfame?" (The Quran, 94:1-4)
These verses were revealed during the early part of the Prophet's life
in Makkah, when hewas in such a weak and difficult position that he
could not even move about in the city, preach or pray freely. The Holy
Quran in this background states that his name has been exalted with
great esteem. Let us see how Allah has raised the status of Prophet
Muhammad (peace be upon him).
Muhammad is the most popular name in the world. A very common practice
amongst Muslims is to have Muhammad asthe first, middle, or last part
of their names. This is a unique honour that Allah gave only to
Muhammad (peace be upon him).Millions of Muslims have always carried
this name, making it the most widely known and repeatedname throughout
the world.
In addition, Allah has made Prophet Muhammad's name an integral part
of the basic Kalimah(article of faith) of Islam. Every practising
Muslim recites this kalimah as a daily routine of his life. Countless
persons thus reciteProphet Muhammad's name countless times, every day
in their lives.
Moreover, Allah has made Prophet Muhammad's name an integral part of
Adhan which is regularly called from each mosque throughout the world
five times a day before prayers. Due to the oval shape of the earth,
there is always a city where a certain prayer times begin. As a
result, no hour passesby where Prophet Muhammad's name is not called
out in this world!- -e-p - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -

Quran: Clear Truth - THE QURAN ON CLOUDS

Scientists have studied cloud types and have realized that rain clouds
are formed and shaped according to definite systems andcertain steps
connected with certain types of wind and clouds.
One kind of rain cloud is the cumulonimbus cloud. Meteorologists have
studied how cumulonimbus clouds are formedand how they produce rain,
hail, and lightning.
They have found that cumulonimbus clouds go through the following
steps to produce rain:
1) The clouds are pushed by the wind: Cumulonimbus clouds begin to
form when wind pushessome small pieces of clouds (cumulus clouds) to
an area where these clouds converge
2) Joining: Then the small clouds join together forming a larger cloud
3) Stacking: When the small clouds join together, updrafts within the
larger cloud increase. The updrafts near the center of the cloud are
stronger than thosenear the edges. These updrafts cause the cloud body
to grow vertically, so the cloud is stacked up. This vertical growth
causes the cloud body to stretch into cooler regions of the
atmosphere, where drops of water and hail formulate and begin to grow
larger and larger. When these drops of water and hail become too heavy
for the updrafts to support them, they begin to fall from the cloud as
rain, hail, etc.
Allah has said in the Quran:
"Have you not seen how God makes the clouds move gently, then joins
them together, then makes them into a stack, and then you see the rain
come out ofit...." (Quran, 24:43)
Meteorologists have only recentlycome to know these details of cloud
formation, structure, and function by using advanced equipment like
planes, satellites, computers, balloons, and other equipment, to study
wind and itsdirection, to measure humidity and its variations, and to
determine the levels and variations of atmospheric pressure.
The preceding verse, after mentioning clouds and rain, speaks about
hail and lightning:
" ....And He sends down hail from mountains (clouds) in the sky, and
He strikes with it whomever He wills, and turns it from whomever He
wills. The vivid flash of its lightning nearly blindsthe sight."
(Quran, 24:43)
Meteorologists have found that these cumulonimbus clouds, thatshower
hail, reach a height of 25,000 to 30,000 ft (4.7 to 5.7 miles), like
mountains, as the Quran said, "...And He sends down hail from
mountains (clouds) in the sky..." This verse may raise a question. Why
does the verse say "its lightning" in a reference to the hail? Does
this mean that hail is the major factorin producing lightning? Let us
seewhat the book entitled Meteorology Today says about this. It says
that a cloud becomeselectrified as hail falls through a region in the
cloud of supercooled droplets and ice crystals. As liquid droplets
collide with a hailstone, they freeze on contact and release latent
heat. This keeps the surface of the hailstone warmer than that of the
surrounding ice crystals. When the hailstone comes in contact with an
ice crystal, an important phenomenon occurs: electrons flow from the
colder object toward the warmer object. Hence, the hailstone becomes
negatively charged. The same effect occurs when supercooled droplets
come in contact with a hailstone and tiny splinters of positively
charged ice break off. These lighter positively charged particles are
then carriedto the upper part of the cloud by updrafts. The hail, left
with a negative charge, falls towards the bottom of the cloud, thus
thelower part of the cloud becomes negatively charged. These negative
charges are then discharged as lightning. We conclude from this that
hail is themajor factor in producing lightning.
This information on lightning was discovered recently. Until 1600 AD,
Aristotle's ideas on meteorology were dominant. For example, he said
that the atmosphere contains two kinds of exhalation, moist and dry.
He also said that thunder is the sound of the collision of the dry
exhalation with the neighbouringclouds, and lightning is the inflaming
and burning of the dry exhalation with a thin and faint fire. These
are some of the ideas on meteorology that were dominant at the time of
the Quran's revelation, fourteen centuries ago.
Credit: Kh. Al-Harbi, Makkah, SaudiArabia.

--


--
e- - ▓███▓ Translator:->
http://translate.google.com.my/m?sl=auto&tl=en&hl=en ▓███▓ - -