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Tuesday, April 8, 2014

Fathwa, - Reversal of vasectomy

Question
Is "reversal vasectomy" Halal or Haram?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions.
Vasectomy is forbidden, it could be done only at the time of pressing
need since it causes sterility and prevents progeny that is contrary
to the aims of Shari'a. Islamic Sharia urges Muslims to increase their
progeny and considers it a great blessing of Allah. There are many
proofs in Sharia that support this fact.
However, reversal vasectomy is permissible since uncovering Awrah at
the time of necessity is permissible. No doubt, the need of giving
birth is a valuable necessity in Islamic Sharia.
Allah knows best.

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Fathwa, - Needs to avoid future pregnancies

Question
I would like to ask about very unusual situation, I hope you can guide
me for sake of Allah. It is very important for me and for my family
1( We have 4 children, 5th will be born next week Insha Allâh. First
two babies born with normal birth.
2( Our last two children were born with cesarean.
3( 5th one will be born next week with cesarean also Insha Allâh.
4( Doctor says, to give birth with cesarean is allowed maximum 4 times
but quite risky.
5( He recommends to do operation not to have baby again )to become
sterile( in the next week's cesarean. At the cesarean time with small
operation they are able to do it.
6( Doctor says, if she gets pregnant again, there is a risk of losing
baby and also mother, but he does not give us the percentage of risk.
7( I know in normal conditions, to sterilizing is not allowed in Islam
8( My question is, does our situation enter the inevitable condition.
9( Please give concrete answer and solution not around solution.
10( It is very important because I am seeking true solution for sake
of Allah and I need answer in few days.
Answer
Praise be to Allah, the Lord of the World; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions.
If the doctors who are reliable and excellent in their profession
confirm that your situation requires that you stop any future
pregnancy, or your life will be in danger, in this case you are
permitted to act according to the advice of these specialists. This
act then is not considered as cutting off the progeny, which is
forbidden in Sharia. The above ruling is based on many basics of
Sharia.
Allah knows best.

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Fathwa, - Doctor performs female sterilization

Question
I am a doctor in a western country. Part of my job is to do female
sterilization for their patients. What is the Islamic opinion on this?
Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and
peace be upon our Prophet Muhammad and upon all his Family and
Companions. It is unlawful for any woman to block the way to
conception unless there is a real threat to her life and she cannot
find another way to protect her life. This is an issue that should be
decided through a testimony of a trusted physician. If any woman whose
condition is as described above and there is no female physician for
you to refer her, you can then perform the sterilization for her, but
revealing her nakedness only to the extent which is necessary. You
should also not be in seclusion with her. Allah knows best.

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Personal, - Steadfast Love of Allaah - II

The Real Life is that of the Lovers of Allaah The Almighty
It is true that there is no real life except that of those whose eyes
are comfortable with their Beloved. Their souls find rest with Him,
and their hearts are reassured with Him. They enjoy being close to Him
and are delighted with His love. Indeed, there is a need in the heart
that is not satisfied except by loving Allaah, craving for him, and
returning to Him in repentance. Nothing else can make a person
comfortable. If a person does not attain this, he will lead a life of
worries, sadness, pain and sorrow. If he is a motivated person with
high ambition, his soul will waste away in regret for this worldly
life as his soul cannot be content with such an inferior status in
life. However, if he is mean and base, he will foresake this treasure
like the lowest of animals. Indeed, eyes find no comfort except in
loving Allaah.
Examples of True Lovers
Abu Bakr As-Siddeeq, may Allaah be pleased with him, was at the head
of the Ummah )Muslim Nation( with his love of Allaah The Exalted: Bakr
Al-Muzani, may Allaah have mercy upon him, said, "Abu Bakr did not
excel among the Companions of Muhammad, sallallaahu 'alayhi wa sallam,
due to plentiful fasting or prayer; rather, he was superior to them
due to something that had settled firmly in his heart." Ibraaheem, may
Allaah have mercy upon him, reported that he was informed that Ibn
'Ulayyah, may Allaah have mercy upon him, commented on the Hadeeth
mentioned above, saying, "What had settled in his ]Abu Bakr's[ heart
was the love of Allaah The Exalted and giving advice to His creation."
Ibn 'Umar, may Allaah be pleased with him, would ask for the love of
Allaah: Ibn 'Umar, may Allaah be pleased with him, would supplicate to
Allaah The Almighty on the mountains of As-Safa and Al-Marwah and
during other rituals of pilgrimage, saying, "O Allaah! Make me among
those who love You, love Your angels, love Your messengers and love
Your righteous slaves. O Allaah! love me and make Your angels, Your
messengers and Your righteous slaves love me."
Allaah's Love was the motto of Hakeem ibn Hizaam, may Allaah be
pleased with him: Hakeem ibn Hizaam, may Allaah be pleased with him,
would circumambulate the Ka'bah, saying, "No one is worthy of worship
but Allaah, the Good Lord and the Good God. I love and fear Him."
Signs of True Love
Loving Allaah is like a blessed tree whose roots are firmly fixed and
its branches are high in the sky. It produces its fruits in the heart
and on the tongue and organs. Allaah The Almighty describes those who
love Him with several qualities; He Says )what means(:
*}O you who have believed, whoever of you should revert from his
religion - Allaah will bring forth ]in place of them[ a people He will
love and who will love Him ]who are[ humble toward the believers,
powerful against the disbelievers; they strive in the cause of Allaah
and do not fear the blame of a critic. That is the favor of Allaah; He
bestows it upon whom He wills. And Allaah is All-Encompassing and
Knowing.{]Quran 5:54[
*}Say, ]O Muhammad[, "If you should love Allaah, then follow me, ]so[
Allaah will love you and forgive you your sins. And Allaah is
Forgiving and Merciful."{]Quran 3:31[
Thus, Allaah The Almighty describes such believers as having five
characteristics:
1- Humbleness, leniency, modesty, and mercy and compassion towards believers.
2- Dominance against disbelievers and disassociation from them.
3- Making Jihaad in the cause of Allaah with their lives and wealth to
support Islam and bring people back to it.
4- Endeavoring to please Allaah The Almighty and paying no attention
to people's rebuke or criticism.
5- Following the Prophet, sallallaahu 'alayhi wa sallam, and obeying him.
Another characteristic that distinguishes such people is the desire to
meet Allaah The Almighty in Paradise and to gaze at His Face.
Ibn Rajab, may Allaah have mercy upon him, said, "The aspiration of
the righteous, knowledgeable Muslims who love Allaah and yearn to see
Allaah in the Hereafter is to gaze at His Face in Paradise and be
closer to Him."
We ask Allaah The Almighty to endow us with His love and that we may
look at His Noble Face in Paradise.

Personal, - Diligence is the Way to Success

There are norms and laws in the universe that man is not permitted to
contradict. Instead, he should abide by them so as to enjoy a good
life and eternal happiness in the Hereafter. One such norm is that if
one works hard, he will find results; if one exhausts oneself a little
bit, he can enjoy a long rest. Indeed reaping noble benefits depends
on experiencing difficulties. Pleasure and perfect qualities cannot be
gained except with some difficulty. If it were not for difficulties,
all people would be leaders.
A Person who Prefers Comfort has Scarce Potential for Success
Work in the worldly life relies upon diligence. Therefore, man is
required to work hard and actively, leaving behind laziness. The Quran
and Sunnah direct us towards this understanding. Allaah The Almighty
Says )what means(:
}And say, "Work, for Allaah will see your deeds, and ]so, will[ His
Messenger and the believers."{]Quran 9:105[
}It is He who made the earth tame for you - so walk among its slopes
and eat of His provision - and to Him is the resurrection.{]Quran
67:15[
The Prophet, sallallaahu 'alayhi wa sallam, educated the Ummah )Muslim
Nation( in different ways on how to be diligent. For instance, he
urged Muslims to earn a living and provide from their own work,
saying:"Nobody has ever eaten a meal better than that which he has
earned from working with his own hands. The prophet of Allaah, Daawood
]David[, would eat from the work of his own hands."]Al-Bukhaari[
The Prophet, sallallaahu 'alayhi wa sallam, also advised us to work
hard without giving in to feelings of frustration, saying:"Cherish
that which gives you benefit ]in the Hereafter[, seek help from Allaah
and do not lose heart."]Muslim[
He, sallallaahu 'alayhi wa sallam, also said:"If the Hour comes while
one of you has a shoot that he is able to plant, he should plant
it."]Ahmad, Al-Bukhaari in Al-Adab Al-Mufrad[
Moreover, the Prophet, sallallaahu 'alayhi wa sallam, assured people
of the assistance of Allaah The Almighty, that He further increases
the high motivation and ambition of people according to the sublimity
of their ambition, saying:"Help from Allaah comes to the servant
according to his diligence."]Al-Bazzaar[
Of course hard work is exhausting, but it has great pleasure,
especially when the diligent person reaps the outcome of his work.
Ibn Ul-Qayyim, may Allaah have mercy upon him, said:
The sages of every nation agree that welfare cannot be obtained
through welfare, that anyone who prefers comfort will miss it, and
that joy and pleasure depend on the level of risks and difficulties
that are experienced when getting them. There is no joy for a person
who has no resolve; no pleasure for a person who lacks patience; no
bliss for a person who endures no hardships; and no comfort for a
person who has no hard work. If a person is exhausted for a short
time, he will relax for longer. If he endures difficulties for a short
while, this will lead him to eternal welfare. People who will receive
eternal delight ]the people of Paradise[ earned this status due to
their patience in this very short worldly life. Truly, Allaah alone
gives help, and there is no power except in Him.
The loftier one's self is and the higher his aspirations are, the more
a person's body is exhausted and the less his comfort is. Yahya ibn
Katheer, may Allaah have mercy upon him, said. "Knowledge cannot be
acquired when the body is in comfort." ]Muslim[
"All those who are sensible undoubtedly believe that perfect comfort
depends on the level of exhaustion, and perfect bliss relies on the
level of difficulties that are endured when achieving it. Comfort,
pleasure and bliss are free of exhaustion only in Paradise, not in
this worldly life. ]Quoted from 'Uluww Al-Himmah by Shaykh Muhammad
ibn Ismaa'eel[
A person who takes diligence to be a slogan in life does not depend on
his ancestors or family background, nor does he rely on boasting of
his fathers and forefathers. Instead he builds his own glory, adding
it to that of his forefathers'.
Quotations from Sages and Scholars
Some sages have said, "Utilize your diligence as long as you are in
good health, and take the opportunity to work while you are at
leisure, for time will not be always on your side, nor will you be
able to restore what you have lost."
A scholar once said, "Work is like an armor that protects a person
against afflictions, and diligence is like a sword that wards off
misfortune."
Another said, "Nothing is better than having a reason that is adorned
with forbearance, a deed that is adorned with knowledge, and
forbearance that is adorned with truthfulness!"
Some scholars have said, "Could it be true and logical that crops are
harvested without prior sowing of seeds, fruits are reaped without the
planting of trees, fire comes from two stones without striking them
together, or that money yields without effort?"
It was also said, "There is a cause for every provision and whoever
diligently seeks something, finds it."
Indeed, what a great saying was that of the Commander of Believers,
'Umar ibn Al-Khattaab, may Allaah be pleased with him, "Do not stop
pursuing livelihood and supplicating, 'O Allaah, provide for me!' You
know that the sky does not rain gold or silver. Allaah The Almighty
provides for people by virtue of their interaction."
Therefore, work hard and do not be indolent. Your Muslim nation is
waiting for a push from you like that of 'Umar, may Allaah be pleased
with him, a push that illuminates the torch of enthusiasm in its
heart, amidst the darkness of this gloomy state of obliviousness. It
is also waiting for a cry from you like that of Salaah Ad-Deen
Al-Ayyoobi )Saladin(, may Allaah have mercy upon him, a cry that
plants hope in the desert of despair. Help from Allaah comes in
accordance with diligence, therefore seek help from Allaah and do not
lose heart!

Personal, - Protective Jealousy is the Characteristic of the Noble - I

Protective jealousy is an innate noble characteristic upon which a
sound person whom Allaah has honored and favored was created. Islam
elevated the rank of this sublime trait and laudably mentioned it to
the extent that it considers defending one's honor and being
protectively jealous about inviolable matters a type of Jihaad. For
this, a person may offer everything and sacrifice his soul, and such a
person would be at the same rank as the martyr in Paradise. It was
narrated on the authority of Sa'eed ibn Zayd, may Allaah be pleased
with him, that he said, "I heard the Prophet, sallallaahu 'alayhi wa
sallam, saying:'A person who is killed while protecting his property
is a martyr, a person who is killed while defending his life is a
martyr, a person who is killed while defending his religion is a
martyr, and a person who is killed while defending his family is a
martyr.'
"
The Meaning of Protective Jealousy
It is a change in the state of the heart and feelings of anger that
arise due to a person's feeling that others might share or aspire to
share something that he owns. This feeling appears among the spouses.
Both men and women share this instinct, although the protective
jealousy of women is greater. This feeling becomes more intense when
the woman feels that her husband is betraying her or that he desires
another woman. Likewise, the man feels the same when he has suspicions
regarding his wife's behavior or feels that she desires other men.
Protective Jealously from the Sharee'ah Viewpoint
For both men and women, protective jealousy, when called for and shown
in a moderate way, is a praiseworthy trait and it is a necessity for
spouses in order that they can live in kindness. Each of them also has
to consider the protective jealousy of the other and know that every
matter has a moderate and sensible point between its two extremes. It
was proven that the Prophet, sallallaahu 'alayhi wa sallam,
said:"There is jealousy that Allaah loves and jealousy that He hates.
There is pride that Allaah loves and pride that He hates. The jealousy
that Allaah loves is jealousy regarding a matter of suspicion. The
jealousy that He hates is jealousy regarding something that is not
doubtful. The pride that Allaah loves is a man's pride when fighting
and when giving in charity. The pride that Allaah hates is that shown
in oppression and boasting."]Ahmad and others, Al-Albaani - Saheeh[
Protective Jealousy is an Indication of Manliness
Protective jealousy, when justified and shown in a moderate manner, is
an indication of true manhood. It leads to the protection of honor,
the safeguarding of sacred ordinances, the veneration of the symbols
of Allaah, and the promotion of adherence to the limits that He has
set. It denotes the strength of one's faith and shows that it is
instilled in his heart. Little wonder then that unethical practices,
impermissible exposure of women's beauty, immorality and
licentiousness prevails throughout the western world and other similar
communities. The reason behind this is either the lack of or the
complete absence of protective jealousy.
Even in the pre-Islamic era, this characteristic prevailed among the
Arabs who experienced the meanings of these virtues. They would be
protectively jealous even about their neighbors' honor from their own
desires. Manly zeal could also drive these people to incite wars for
the sake of any assault against a woman, to protect her honor, or in
response to her seeking refuge. The cause of the war of Al-Fijaar that
broke out between the Arabs was that a group of youth from Banu
Kinaanah saw a woman in the market of 'Ukaath and asked her to uncover
her face, and when she refused they began mocking her. Thereupon, she
screamed, "O people of 'Aamir!" Immediately their fighters responded
to her request. The tribe of Kinaanah stood to defend their youth. The
tribe of Hawaazin stood on the side of Banu 'Aamir and Quraysh stood
on the side of Kinaanah, which resulted in a countless number of
victims and much bloodshed.
Excessive Protective Jealousy
Excessive jealousy is a source of trouble for the person and those
around him. Many so-called honor-related crimes are committed due to
rumors. This extent of jealousy, which is hazardous, may drive a
person to kill others without any justification or sound evidence for
his action. This happens in many places. Some husbands have the
disease of bitter doubts which turns their marital life into
unbearable turmoil. It was narrated that the Prophet, sallallaahu
'alayhi wa sallam, forbade that a man should unexpectedly come to his
wife at night, doubting her fidelity and probing into her lapses.
]Muslim[ It is improper for a husband to have no confidence in his
wife, and he should not be excessive in monitoring her each and every
action. There is no doubt that such behavior damages the marital
relationship and severs what Allaah The Almighty has ordered to be
joined.
'Ali ibn Abi Taalib, may Allaah be pleased with him, would say, "Do
not have excessive jealousy over your wives such that you would cause
them to be slandered." Also, Mu'aawiyah, may Allaah be pleased with
him, said, "There are three characteristics of nobility: Forgiveness,
having a flat abdomen and avoiding excessive protective jealousy."
Therefore, moderation in this regard is very important and the limits
of the required protective jealousy are determined by the texts of the
Sharee'ah. It was narrated that the Prophet, sallallaahu 'alayhi wa
sallam, said:"Allaah becomes jealous and the believer also becomes
jealous. Allaah becomes jealous when the believer commits what He has
forbidden."]Al-Bukhaari[
Protective jealousy is required if women violate the prohibitions of
Allaah The Almighty, and in this case such jealousy is praiseworthy.
Conversely, being void of such jealousy in these situations is
dispraised and is the cause of a person being prevented from entering
Paradise. The proof of this is what was narrated on the authority of
'Ammaar ibn Yaasir, may Allaah be pleased with him, that the Prophet,
sallallaahu 'alayhi wa sallam, said:"There are three types of people
who will never enter Paradise: A Dayyooth, a woman who assumes a
masculine attitude and an alcoholic."His Companions asked, "O
Messenger of Allaah, we know what an alcoholic is, but what is a
Dayyooth?" He, sallallaahu 'alayhi wa sallam, replied:"He is the
person who does not care who has private access to his womenfolk."The
Companions asked, "Who are the women who assume a masculine attitude?"
He, sallallaahu 'alayhi wa sallam, replied:"They are women who imitate
men."
Considering the Protective Jealousy of Others
When a man feels the pain of a loss or jealousy when his friend
forsakes him and befriends someone else, then we should consider the
jealousy of the mother-in-law. A mother in this situation feels as if
she has lost her son to someone else, after having cared for him
throughout his entire life and sacrificed every dear and precious
thing to make him a man of consequence in this life. Also, just as the
person feels jealous over his wife, he should consider her jealousy
over him. It is improper to show his admiration for other women, not
to mention narrating his pre or post-marital relationships, as this is
not a source of pride. Rather, a person should keep it hidden, repent
from such an act if they have happened, and adhere to Sitr )covering
and protection(.
A woman should also control herself as much as she can, otherwise her
jealousy would be irrepressible. Commenting on the verse in which
Allaah The Almighty Says )what means(:}And they will have therein
purified spouses.{]Quran 2:25[, Ibn Al-Qayyim, may Allaah have mercy
upon him, said, "They are purified from menstruation, urination and
any harm that afflicts women in this world. Their souls are also
purified from jealousy, wanting to harm their husbands and desire for
other men."
The Jealousy of Allaah The Exalted
Sharee'ah texts prove that Allaah The Exalted becomes jealous . His
jealousy is a fact and He becomes jealous in a manner that befits His
majesty and perfection. A manifestation of His Jealousy is His dislike
that His slave should fall into acts of disobedience or associate
anything in what is due solely to Him in terms of obeying His commands
and avoiding His prohibitions. It was narrated that the Prophet,
sallallaahu 'alayhi wa sallam, said:"Allaah becomes jealous and the
believer also becomes jealous. Allaah becomes jealous when the
believer commits what He has forbidden."]Al-Bukhaari[ In another
Hadeeth, he , sallallaahu 'alayhi wa sallam, said:"No one is more
jealous than Allaah The Almighty. Because of His jealousy, Allaah has
prohibited immorality, both apparent and concealed, and no one likes
to be praised more than Allaah The Almighty."]Al-Bukhaari and Muslim[
Another narration of this Hadeeth states:"The believer gets jealous
and Allaah is even more jealous."]Al-Bukhaari and Muslim[
It was narrated in a Hadeeth that the Prophet, sallallaahu 'alayhi wa
sallam, said to his Companions, may Allaah be pleased with them, about
one of them:"Are you surprised at Sa'd's jealousy over his honor? By
Allaah, I am more jealous over my honor than he is over his, and
Allaah is more jealous than I am."]Al-Bukhaari and Muslim[

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Dought&clear, - Ruling on smoking various types of hasheesh (marijuana)

Is it harm to smoke weed (Marijuana) occasionally especially when stressed out?.
Praise be to Allaah.
Hasheesh of all types is haraam, whether it is marijuana or any other type.
Al-'Allaamah Ibn Hajar al-Haythami said inal-Fataawa
al-Fiqhiyyah(4/233), speaking of hasheeh:
The evidence for its being forbidden is the report narrated by Ahmad
in hisMusnadand by Abu Dawood in hisSunanwith a saheeh isnaad from Umm
Salamah (may Allaah be pleased with him) who said: The Messenger of
Allaah (peace and blessings of Allaah be upon him) forbade all kinds
of intoxicants and relaxants. The scholars said that relaxants are
things that cause drowsiness and languor in the limbs. This hadeeth
indicates that hasheesh in particular is haraam, because it
intoxicates and relaxes, which is why those who consume it sleep a
great deal. Al-Qaraafi and Ibn Taymiyah narrated that there is
scholarly consensus that it is haraam and said: The one who regards it
as permissible is a kaafir. He said: The only reason why the four
imams (may Allaah have mercy on them) did not speak of it is that it
was not known at their time, rather it only appeared at the end of the
sixth century AH and the beginning of the seventh century when the
Tatar state emerged. End quote.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said
inal-Fataawa al-Kubra(3/425): Consuming this hasheesh in solid form is
haraam, and it is one of the most evil of haraam plants, whether a
little of it is consumed or a lot. End quote.
Consuming intoxicants is haraam regardless of the way in which they
are consumed.
Al-'Allaamah Ibn Qaasim al-Shaafa'i said: What is meant by the drinker
is the consumer, whether it is drunk or consumed otherwise, whether
there is consensus on its being forbidden or there is a difference of
opinion concerning that, and whether it is solid or liquid, cooked or
raw. End quote.
Sharee'ah only forbids the consumption of drugs and intoxicants
because of the great harm that they cause to the mind, soul, family
and society. We have discussed some of these harmful effects in the
answer to question no. 66227.
As for stress and anxiety, you may rest assured that the remedy for
them is not to be found in smoking hasheesh or any other haraam thing.
Allaah has not put the remedy of this ummah in that which He has
forbidden to it. In Saheeh Muslim (3670) it says that asked the
Prophet (peace and blessings of Allaah be upon him) about alcohol and
he forbade him or told him not to make it. He said: "But I make it as
a remedy." He said: "It is not a remedy, it is a disease."
If you want to rid yourself of anxiety, then we advise you to do
several things, including the following:
1- Pray a great deal for forgiveness with proper presence of mind.
2- Do wudoo' and pray, for these are the greatest means of helping
oneself to be patient in dealing with hardship and dispelling worry.
3- Remember Allaah a great deal (dhikr), because this is a sure way
to attain peace of mind and tranquillity.
4- Send a great deal of blessings upon the Prophet (peace and
blessings of Allaah be upon him). InSunan al-Tirmidhi(2381) it is
narrated that Ubayy (may Allaah be pleased with him) said: I said: O
Messenger of Allaah, I send a great deal of blessings upon you. How
much of my du'aa' should I make for you? He said: "Whatever you wish."
I said: One-quarter? He said: "Whatever you wish, but if you do more
it will be better for you." I said: One half? He said: "Whatever you
wish, but if you do more it will be better for you." I said:
Two-thirds? He said: "Whatever you wish, but if you do more it will be
better for you." I said: I will make all my du'aa' for you. He said:
"Then your worries will be taken care of and your sins will be
forgiven." Classed as hasan by al-Albaani inSaheeh Sunan al-Tirmidhi.
This is in addition to avoiding the causes of stress and anxiety as
much as possible. If the source of this anxiety and stress is worry
about the future, such as how you will learn a living and so on, then
you must think in positive terms of Allaah and sincerely put your
trust in Him. Allaah says (interpretation of the meaning):
"And whosoever puts his trust in Allaah, then He will suffice him.
Verily, Allaah will accomplish his purpose. Indeed Allaah has set a
measure for all things"
[al-Talaaq 65:3]
May Allaah help us and you to do all good.
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Dought&clear, - Ruling on honour killings

I would like to know what the ruling on Honor killings would be and
how it should be punished acording to the Laws of the Shariat.
Praise be to Allaah.
Killing a Muslim unlawfully is a serious matter and a grave crime.
Allaah says (interpretation of the meaning):
"And whoever kills a believer intentionally, his recompense is Hell to
abide therein; and the Wrath and the Curse of Allaah are upon him, and
a great punishment is prepared for him"
[al-Nisa' 4:93]
al-Bukhaari (6355) narrated from Ibn 'Umar (may Allaah be pleased with
him) that the Messenger of Allaah (peace and blessings of Allaah be
upon him) said: "The believer will continue to be encompassed by the
mercy of Allaah so long as he does not shed blood that it is forbidden
to shed."
The Prophet (peace and blessings of Allaah be upon him) has explained
to us the reasons for which it becomes permissible to shed this blood.
He said: "It is not permissible to shed the blood of a Muslim who
bears witness that there is no god but Allaah and that I am the
Messenger of Allaah except in three cases: a life for a life (murder),
zina of one of who is previously-married (adultery), and the one who
changes his religion and forsakes the jamaa'ah." Narrated by
al-Bukhaari (6370) and Muslim (3175). From this it is clear that zina
on the part of one who is married is one of the reasons that make it
permissible to kill a person, but the zaani (adulterer) cannot be
killed unless two conditions are met:
-1-
He should be previously-married. The scholars have explained what is
meant by previously-married in this case. Zakariya al-Ansaari (may
Allaah have mercy on him) said inAsna'l-Mataalib(4/128): The
previously-married person, whether male or female, is any adult of
sound mind who has previously had intercourse within a valid marriage.
End quote. Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said
inal-Sharh al-Zaad(6/120): There are five conditions for (being
described as) previously-married:
1- Intercourse
2- Within a valid marriage
3- Being an adult
4- Being of sound reason
5- Being free (i.e., not a slave).
End quote.
-2-
The second condition is that it should be proven that the hadd
punishment is deserved, by the testimony of four male witnesses who
saw the private parts meet, or the person should freely admit to
having committed zina, without being forced to do so.
If it is proven that he deserves the hadd punishment, it is not
permissible for individuals to carry out this punishment themselves.
Rather the matter must be referred to the ruler or his deputy to prove
the crime and carry out the punishment, because if individuals carry
out hadd punishments, that will lead to a great deal of corruption and
evil.
Ibn Muflih al-Hanbali (may Allaah have mercy on him) said
inal-Furoo'(6/53): It is haraam for anyone to carry out a hadd
punishment except the ruler or his deputy. This is something on which
the fuqaha' of Islam are unanimously agreed, as was stated
inal-Mawsoo'ah al-Fiqhiyyah(5/280): The fuqaha' are unanimously agreed
that the one who should carry out hadd punishments is the ruler or his
deputy, whether the punishment is transgressing one of the limits of
Allaah, may He be exalted, such as zina, or a transgression against
another person, such as slander. End quote.
Concealing one who has committed this evil deed so that he may repent
and set his affairs straight before he dies is better than exposing
him, let alone killing him. The Prophet (peace and blessings of Allaah
be upon him) turned away from Maa'iz (may Allaah be pleased with him)
after he admitted committing zina, and he ignored him until he had
repeated his confession several times, then he carried out the hadd
punishment on him.
Based on this, that which is called "honour killing" is a
transgression and wrongdoing, because it is killing one who does not
deserve to be killed, namely the virgin if she commits zina
(fornication), but the shar'i punishment in her case is flogging and
banishment for one year, not execution, because the Prophet (peace and
blessings of Allaah be upon him) said: "(The punishment for zina) of a
virgin with a virgin person is one hundred lashes and exile for one
year." Narrated by Muslim. The one who kills her has killed a
believing soul whom Allaah has forbidden to be killed, and there is a
stern warning concerning that, as Allaah, may He be glorified and
exalted, says (interpretation of the meaning):
"And those who invoke not any other ilaah (god) along with Allaah, nor
kill such person as Allaah has forbidden, except for just cause, nor
commit illegal sexual intercourse ___ and whoever does this shall
receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and
he will abide therein in disgrace"
[al-Furqaan 25:68-69]
Even if we assume that she deserves to be executed (if she was
previously-married and committed zina), no one should do that but the
ruler - as stated above. Moreover, in many cases killing is done on
the basis of accusations and speculation, without proving whether the
immoral action even took place.
And Allaah knows best.
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Dought&clear, - Is repentance accepted if the hadd punishment is not carried outon a person?

I have a question that is confusing me. If a married or unmarried
person commits the sin of immoral conduct, or major sins such as
stealing, backbiting, riba, etc, and persists in doing that for a long
time, then he comes to know Allaah and he repents sincerely to Allaah,
seeking the Face of Allaah, and he seeks the forgiveness of those
about whom he gossiped, and returns what he stole, and gives up riba
(usury) and all the sins that there are between him and Allaah such as
zina, drinking, failing to pray etc, but the hadd punishment is not
carried out on him, will Allaah accept his repentance and his worship,
no matter how great his sins were? Or is it possible that Allaah will
not accept his repentance and his worship will be rejected? Will
Allaah save him from the torment of the grave and from Hell? What
should he do in order to avoid punishment and so that Allaah will be
pleased with him?.
Praise be to Allaah.
You should note that it is not permissible for a Muslim to think of
the sins from which he has repented as being too great, for the mercy,
pardon and forgiveness of Allaah are greater than his sins.
If the sins had to do with other people, then it is obligatory to
restore people's rights to them. If the sin has to do with something
that is between a person and his Lord, then it is sufficient for him
to repent, seek forgiveness, regret what he did and resolve not to go
back to those sins. It is not a condition of repentance that the hadd
punishment be carried out on the repentant person. He should conceal
himself with the concealment of Allaah, Achieving sincere repentance
is better than confessing so that the hadd punishment may be carried
out.
This person has repented well and has given back to people what is
rightfully theirs, so he should not let the Shaytaan come and spoil
his repentance.
It should be noted that Allaah turns the bad deeds of the repentant
into good deeds. Allaah says (interpretation of the meaning):
"And those who invoke not any other ilaah (god) along with Allaah, nor
kill such person as Allaah has forbidden, except for just cause, nor
commit illegal sexual intercourse and whoever does this shall receive
the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and
he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and
do righteous deeds; for those, Allaah will change their sins into good
deeds, and Allaah is Oft-Forgiving, Most Merciful.
71. And whosoever repents and does righteous good deeds; then verily,
he repents towards Allaah with true repentance"
[al-Furqaan 25:68-71]
The offenses which the sultan (Muslim ruler) hears of are the ones for
which the hudood punishments must be carried out. As for those of
which he does not hear, then it is better to repent from them and to
conceal oneself with the concealment of Allaah.
The scholars of the Standing Committee said:
If the shar'i ruler hears of offenses and they are proven by
sufficient evidence, then the hadd punishments must be carried out,
and it is not waived by repentance, according to scholarly consensus.
The Ghaamidi woman came to the Prophet (peace and blessings of Allaah
be upon him) asking him to carry out the hadd punishment on her after
she had repented, and he said concerning her: "She has repented in a
manner that if the people of Madeenah were to repent in this way, it
would be sufficient for them." But despite that he carried out the
shar'i hadd punishment on her. But no one has the right to do that but
the sultaan.
But if news of that offence does not reach the sultaan, then the
Muslim should conceal himself with the concealment of Allaah and
repent sincerely to Allaah, so that Allaah may accept his repentance.
Fataawa al-Lajnah al-Daa'imah, 22/15
And they said - responding to one who wanted to carry out the hadd
punishment and who was not sure that repentance from zina would be
accepted -
If a person repents to his Lord sincerely, then Allaah has promised
that He will accept his repentance, and will compensate him with
reward. This is by His kindness and generosity. Allaah says
(interpretation of the meaning):
"And those who invoke not any other ilaah (god) along with Allaah, nor
kill such person as Allaah has forbidden, except for just cause, nor
commit illegal sexual intercourseand whoever does this shall receive
the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and
he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and
do righteous deeds; for those, Allaah will change their sins into good
deeds, and Allaah is Oft-Forgiving, Most Merciful."
[al-Furqaan 25:68-70]
The conditions of repentance include: giving up the sin, regretting
what one has done and resolving not to go back to it. If the matter
involves the rights of other people, then one must also ask them for
forgiveness.
It was narrated from 'Ubaadah ibn al-Saamit (may Allaah be pleased
with him) that when the women gave their oath of allegiance (bay'ah)
to the Prophet (peace and blessings of Allaah be upon him), he said:
"Whoever among you is faithful (to this oath), his reward will be with
Allaah. Whoever does any of these things (wrong actions) and is
punished for it, that will be an expiation for him. Whoever does any
of these things and Allaah conceals him, then it is up to Allaah: if
He wills He will punish him and if He wills He will forgive him."
The Prophet (peace and blessings of Allaah be upon him) encouraged
sincere repentance. In the story of Maa'iz he said: "Why did you not
leave him alone, perhaps he would have repented and Allaah would have
accepted his repentance." Maalik narrated inal-Muwatta'from Zayd ibn
Aslam that the Messenger of Allaah (peace and blessings of Allaah be
upon him) said: "O people, the time has come for you stop
transgressing the sacred limits set by Allaah. Whoever commits any of
these evil actions, let him conceal himself with the concealment of
Allaah, for whoever discloses his actions, then we have to carry out
the hadd punishment (that is prescribed in) the Book of Allaah."
So you have to repent sincerely, offer prayers regularly in
congregation and do a great deal of good deeds.
Fataawa al-Lajnah al-Daa'imah, 22/44,45
And Allaah knows best.

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For children, - Story of Honesty

An Arab while crossing a desert came across a huge rock half buried in
the sand. Written on the boulder was: "TURN ME OVER AND YOU WILL
BENEFIT FROM IT"
The Arab felt assuming there was a great treasure hidden underneath it
worked mightily to turn it over. He succeeded after several hours. But
there was no treasure there, only an inscription on the underside of
the rock: "GREED IS THE ROOT OF ALL EVIL REMEMBER THIS AND YOU WILL BE
A BETTER MAN."
Haven't you collected free pens, note books at conferences? Watch
people picking up candies, freshening tissues, napkins in the flights
simply to go home and throw them. People go on collecting things out
of greed and fear.
"Greed is a projection of fear. It is because of fear that man becomes
greedy. He is so much afraid, that he wants to accumulate for the
future. He is so afraid, that he sacrifices his today for tomorrow and
the tomorrow never comes. The greedy man never becomes rich.
He may have the whole world at his disposal, but he remains poor. He
cannot enjoy it, his greed won't allow that. He remains miserly. He
always remains in such fear of the future that he cannot part with his
money. He accumulates, accumulates, wastes his whole life and one day
dies.
He was a poor man his whole life - empty- handed he had come,
empty-handed he has gone, and his whole life went down the drain with
no significance."

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