Salam

As'salamu Alaikum - - - - - - - - Saturday, December 7, 2013
Safar 3, 1435 - - - - -

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Fathwa, - Validity of Hajj financed by tax collector's wage

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Question
assalamu alaykum if a woman is working in office as superintendent and has to travel about 100km from her home once in a month and is mainly looking after the matters of taxes of facteries and customs of foreign goods and her husband is a doctor is her income halal? can her money be used for haj or qurbani? May Allah accept your servvices Ameen.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammadis His slave and Messenger.
A Muslim woman is not permitted to travel for work or for other purposes without being accompanied by a Mahram as the Prophetsaid: “It is not permissible for a woman who believes in Allaah and the Last Day to travel a distance of one night except if she is accompanied by her Mahram.” ]Muslim[
Indeed, if there is a necessity, it is permissible for a woman to travel without a Mahram, but the woman in question may not have a necessity that renders what is forbidden to be permissible, as she is married and it is her husband who is obliged to provide for her needs. For more benefit, please refer to Fatwa 86565.
Nonetheless, travelling without a Mahram does not have any effect on the income if the work itself is permissible.
As regards working in customs and in collecting taxes, then this is subsidiary to the ruling on imposing customs and taxes; if they are imposed in an Islamically-legitimate way, it is permissible to work in it, otherwise no. For more benefit, please refer to Fataawa 85356and 82663.
As regards Hajj and offering the ‘Eed sacrifice with unlawful money, then the person who does so is sinful but his Hajj and sacrifice are valid.
ImaamAn-Nawawisaid: “If a person performs Hajj with forbidden money or on a stolen animal, he is sinful and his Hajj is valid and sufficient according to the view of our school; this is the view ofAbu Haneefah,MaalikandAl-‘Abdari, and it is also the view of most jurists. However,Ahmadsaid: 'It )his Hajj( is not sufficient )it does not free him from the obligation of Hajj(.' Our evidence is that Hajj is specific acts while the prohibition )of those matters( is not related to.”
Moreover,Al-Qaraafisaid in Anwaar Al-Burooq fi Anwaa’ Al-Furooq: “If someone prays in a stolen garment or performs ablution with stolen water or performs Hajj with unlawful money - all of these )acts of worship( are valid to us, contrary to Ahmad )ibn Hanbal(. The basis for that is that the essence of those obligations, namely Hajj, covering the Awrah )during prayer( and purification, are achieved in the sense of fulfilling its benefit, but not through the legitimate means; and if the obligation is achieved in the sense of fulfilling its benefit, then the prohibition related to the means is a separate matter which involves trespassing against others, like the case of an unlawfully acquired house…”
Allaah Knows best.

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Fathwa, - A famous story about AbuHaneefah's father

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Question
Salam 'alaykum... Is this incident authentic? Thaabitonce passed by a garden while he was almost dying of hunger. He found an apple that had fallen in the garden and when he ate part of it, he remembered that it was not lawful for him because it did not belong to him. Accordingly, he entered the garden where he found a man and said, "Forgive me for the half of the apple I ate and take the second half." The man replied, "I do not have the authority to forgive you, but go to my master who is the owner of the garden." "Where is he?", asked Thaabit. He replied, "You have to travel for one day and night to reach him." Thaabit said, "I will go to him no matter how far he is, because the Prophet, said: 'All flesh nourished unlawfully will be cast into Hell.'" He reached the owner of the garden, and when he told him the story, the owner of the garden said, "By Allaah, I will not forgive you except on one condition." Thaabit told him to put whatever conditions he liked. The man said, "My condition is to marry my daughter who is deaf, blind, dumb and crippled." Thaabit said, "I agree to marry her, and I will seek reward from Allaah for serving her." The marriage contract was concluded, and when Thaabit entered upon her, he was not sure whether he should extend Salaam to her or keep silent. He decided to extend Salaam, so that the angels would reply to him. Having extended Salaam, he heard the woman reply. Moreover, she stood up and shook his hand. He realized that she was not as described by her father. When he asked her about the matter, she said, "My father told you that I was blind, and I am blind to what is unlawful, so my eyes do not look at what Allaah prohibited; I am deaf to hearing what displeases Allaah; I am dumb because my tongue only remembers Allaah; and I am crippled because my feet do not carry me to what angers Allaah."
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammadis His slave and Messenger.
We have not come across the story that is mentioned in the question aboutThaabit ibn An-Nu’maan, the father of ImaamAbu Haneefah, in the history or biography literature that we have been acquainted with.
However, this does not mean that it is not true. Also, the fact that this story is popular does not mean that itistrue.
The contemporary author ofMawsoo’at Al-Akhlaaq waz-Zuhd war-Raqaa'iqmentioned it but did not attribute it to a reliable source.
Allaah Knows best.

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Fathwa, - Using unlawful earnings to pay for marriage expenses

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Question
salam my question is that me and my wife work in supermarket and sometimes we have to scan pork or wine, now we are saving up money using our salaries to try and get my brother married. will his marraige be valid if we fund it knowing that our earning has some haram in it
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 Muhammadis His slave and Messenger.
It is not permissible for a Muslim to help sell what is forbidden, like alcohol and pork, in his work, and the money gained from that is forbidden. There is a severe threat for those who aid in the consumption of alcohol.Ibn ‘Umarsaid: “The Prophetsaid: "Allaah has cursed wine, its drinker, its server, its seller, its buyer, its presser, the one who demands it to be pressed, its carrier and the one to whom it is carried." ]Abu Daawood - Al-Albaani graded it Saheeh )sound([
However, if you pay the marriage expenses of your brother with this ill-gotten money, his marriage is valid if it fulfills the conditions of a valid marriage contract even if you paid his dowry from your forbidden earnings. In fact, the marriage contract is valid even if the dowry itself is unlawful.Ibn Qudaamahsaid: “If an unlawful dowry was named in the marriage contract, like alcohol or pig, then the dowry is invalid but the marriage contract is valid. Ahmad was cited as saying so and it is the opinion of the majority of Fiqh scholars, including Ath-Thawri, Al-Awzaa’i, Ash-Shaafi’i, and the scholars of the Hanafi school."
On the other hand, you are liable for the money that you and your wife have earned unlawfully, and if this money is transferred to your brother through gift or any other permissible method, the money becomes lawful for him.Shaykh Ibn ‘Uthaymeensaid: “The invitation of a person who deals in Riba )usurious interest( may be accepted unless there is a benefit in not honoring such an invitation. The evidence for this is that the Prophetaccepted the invitation of Jews while the Prophetwas the most pious and God-fearing person, and it is known that the Jews take Riba and consume forbidden money; nevertheless, he responded to some of their invitations. This is because unlawful money is considered unlawful only for the person who earned it by a forbidden means, unless the property is in itself unlawful; as in this case, it is also forbidden for others. This is the rule supported by evidence. 'In itself unlawful' means for instance that a person stole someone else's property and then gives it as a gift to someone else. It is not permissible for the receiver of the gift to accept it if he knows that it was stolen, because the money is in itself unlawful, contrary to the money that is unlawfully earned )like the money earned from Riba or selling unlawful goods(. This is because the sin in the latter case lies on the one who earns it. If the forbidden property is transferred to someone else by lawful means, it is lawful to the latter.”
Allaah Knows best.

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Islamic Marriage Articles, - Six wedding Dawa considerations

Social gatherings are an ideal place to make Dawa, and a Muslim
wedding is a great example of this. Weddings are places where
non-Muslims can learn about one facet of Islam in a relaxed social
atmosphere without feeling they are being preached to.
Here are some practical tips you can use to make Dawa at a Muslim wedding:
1. Make sure you explain some aspects of what will take place at the
wedding beforehand.
How should a guest dress at a Muslim gathering? How do Muslims greet
the bride and the groom? What kind of gift would be suitable?
These are just some of the protocol issues that may come up during the
wedding and could cause surprise and/or embarrassment for non-Muslim
guests who may not understand Muslim practices relating to gender
interaction or modesty, for instance.
Politely explain to them some of these issues beforehand so they can
feel prepared and comfortable at the wedding.
2. Seating arrangements for non-Muslim guests.
What is the Imam saying? What is the oily orange substance being served?
These are some questions that non-Muslim guests may have during the
wedding. It would be a good idea to have a family member or a friend
who is open-minded and knows their Islam to be sitting with your
non-Muslim guests during the wedding to answer these kinds of
questions.
Perhaps your non-Muslim guest and their designated host could be
introduced to each other as they arrive at the wedding so they can sit
together.
In most Muslim weddings, non-Muslims are generally given a separate
table to sit at. It's a better idea to seat them on different tables
where your designated host can properly take care of them and they can
meet with more Muslims.
3. Provide brief written material about the marriage.
What is a Nikah? How will the marriage be conducted?
Print out this fact sheet on the marriage ceremony and make sure all
guests have a copy. This will be a great educational and Dawa tool for
all guests, Muslim and non-Muslim. Perhaps you can even print it out
on fancy paper, decorate it and make it a keepsake of the wedding.
4. Make sure everything is translated.
Try to have the Imam or at least someone else who can do it, translate
the Duas (supplications) and Khutbah (sermon) of the marriage for the
benefit of non-Arabic speaking Muslims and non-Muslims. Maybe the Imam
can even explain why so much of the marriage ceremony is being
conducted in Arabic.
5. Ask the Imam to speak briefly about Islamic social life.
A short, wise speech by the Imam or someone else who is qualified to
do it, on Islamic social life will give a broader understanding of
marriage and family from an Islamic perspective. It is important that
the speaker knows English well enough not to offend people's
sensibilities in his or her choice of words. The speaker should be
especially careful how he or she presents the role of the wife in an
Islamic marriage. Too often, speakers at weddings have presented a
Muslim wife's position as that of a doormat instead of a partner in a
relationship of faith, love and compassion.
6. Be on time.
What could be the worse Dawa than this: you invite guests at 6 p.m.
and you, the host, show up at 8 p.m. Please plan ahead to be on time.
If you expect a delay, let your guests know what time is suitable to
arrive at the wedding.

Islamic Marriage Articles, - The praying of husbandand wife together

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3. The praying of husband and wife together
It is desirable for the husband and wife to pray 2 rakaat together on their wedding night. This has been narrated from the earliest generation of Muslims, as in the following 2 narrations:
First: On the authority of Abu Sa'eed Mawla Abu Asyad who said: "I got married while I was a slave. I invited a number of the companions of the Prophet, among them was Ibn Mas'ood, Abu Dharr and Hudhaifa. When the prayer was called, Abu Dharr began to step forward when the others said to him: 'No!' He said: 'Is it so?' And they said: 'Yes.' Then, I stepped forward and led the prayer though I was a slave possessed. They taught me, saying: 'When your wife comes to you, pray 2 rakaat. Then, ask Allaah for the good of that which has come to you, and seek refuge in Him from its evil. Then it is up to you and it is up to your wife.'" [Ibn Abi Shaibah and 'Abdur-Razzaaq]
Second: On the authority of Shaqeeq who said: "A man named Abu Hareez came and said: 'I have married a young girl, and I am afraid that she will despise me.' 'Abdullah ibn Mas'ood said to him: "Verily, closeness is from Allaah, and hatred is from Shaitaan, who wishes to make despicable that which Allaah has allowed. So, when your wife comes to you, tell her to pray behind you 2 rakaat.'" In another version of the same story, "'Abdullah went on to say: 'And say: 'O Allah give Your blessings on me in my wife, and to her in me. O Allaah join us together as long as You join us in good, and split us apart if You send to us that which is better.'" [Ibn Abi Shaibah and at-Tabaraani and 'Abdur-Razzaaq: Saheeh].

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