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Wednesday, February 19, 2014

Dought & clear, - Woman travelling withthe driver in one car, and her mahram in another car, travelling with her












There is a woman who wants to travel to Madinah in a car with the driver, and with her brother in another car; is that permissible?
Praise be to Allah
Firstly:
The basic principle is that it is not permissible for a woman to travel without a mahram, whether the journey is long or short, because of the report narrated by al-Bukhaari (1729) and Muslim (2391) from Ibn ‘Abbaas (may Allah be pleased with him) who said: The Prophet (blessings and peace of Allah be upon him) said: “No woman should travel except with a mahram.”
See also the answer to question no. 110929
Secondly:
It is not permissible for a woman to travel with a driver who is not her mahram, if there is no one else with them, whether that is on a journey or otherwise, because this comes under the heading of khulwah (being alone with a member of the opposite sex), which is haraam. In the hadeeth it says: “No man should be alone with a woman without there being a mahram present.” Narrated by al-Bukhaari (5233); Muslim (1341).
See also the answer to question no. 10374
Thirdly:
If what the questioner means is that there are other women with her in the car, in such a way that there is no forbidden khulwah (i.e., they are adults, of sound mind and so on), and that her mahram is also present during the journey, but he is in another car because there is no room for her in the car in which her brother is, or the group is spread out in such a manner that the men are in one car and the women are in another car during the journey, then there is nothing wrong with that, if the two cars are travelling together.
Shakh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Undoubtedly if a person travels with his mahram, such as his wife or a female relative, in the same car, that is better and is more on the safe side. But if there is a group of cars travelling together and making stops together, then there is nothing wrong with putting the women in one car and the men in the other car. But it is essential that the driver of the (women’s) car should not get separated from the car in which the male mahrams are, so that the mahram can keep an eye on the car in which his female mahram is.
Fataawa al-‘Uthaymeen, 21/216
But if what is meant is that the woman will travel on her own in the car with the driver, that is not permissible, because of what we have mentioned above about forbidden khulwah.
And Allah knows best.







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Dought & clear, - Ruling on referring to Qur’anic verses whilst changing some of the words









Recently on the Internet it has become common to see some Qur’anic verses that the youth use by way of proving a point. For example, when someone says, “Truly, We did offer Al-Amanah (the trust or moral responsibility or honesty and all the duties which Allah has ordained) to the heavens and the earth, and the mountains, but they declined to bear it and were afraid of it (i.e. afraid of Allahs Torment). But the Brothers bore it” (cf. al-Ahzaab 33:72, where it says “But man bore it”; “Brothers” here refers to the Muslim Brotherhood); or another may say:”O secularists, I worship not that which you worship” (cf. Al-Kaafiroon 109:1-2, where it says “O kaafiroon (disbelievers)”. Is that permissible?
Praise be to Allah
In Arabic linguistics, this action is called iqtibaas (lit. borrowing); this means referring to a verse or hadeeth when speaking, without attributing it to its source, whether one alters a word sometimes or quotes it as it is. The basic principle concerning this is that any such quotations or references should be within a proper context and implying an appropriate meaning.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
No one has the right to use the wording of the Qur’an for any purpose other than that for which Allah revealed it. This is how the scholars interpreted the hadeeth, “The Book of Allah should not be quoted” i.e., the Qur’an should not be referred to inappropriately.
An example of that is if one says to someone who has come to discuss a need,“Then you came here according to the fixed term which I ordained (for you), O Moosa” (cf. Ta-Ha 20:40); or if a person says when arguing:“When will this promise be fulfilled?”(cf. Yaa-Seen 36:48), or “Allah bears witness that they are certainly liars”(cf. at-Tawbah 9:107).
Furthermore, if the person says that by way of belittling the Qur’an or making fun of it, this is tantamount to kufr (disbelief).
However, if he recites the verse to support a ruling for which this verse was revealed, or in the context of discussing some ruling, this is acceptable. That includes what the fuqaha’ concluded of rulings on the basis of analogy, and what shaykhs and preachers quote to support to what they say.
End quote fromMukhtasar al-Fataawa al-Misriyyah, 172
As-Suyooti wrote an essay on this topic entitledRaf‘ al-Baas wa Kashf al-Iltibaas fi Darab al-Mathal min al-Qur’an wa’l-Iqtibaas, in the bookal-Haawi li’l-Fataawa(1/305): on our website we have discussed this manner of speaking in detail; please see the following fatwas (in Arabic): 119673, 103923, 127745and 150303.
From these fatwas we may conclude that it is haraam to refer to texts in the scenarios mentioned above; that is based on the following points:
-1-
it seems, from the phrases quoted above, that they were referred to for the purpose of mocking and making fun of others; in this case the Holy Qur’an was used as a tool for mockery in one of the most abhorrent ways of dealing with this holy Book which Allah, may He be glorified and exalted, sent down as a book of light and guidance, the words of which showed the way for mankind to follow, in the light of its teachings, and formed the foundation for much historical, linguistic, geographical and scientific research, as well as cultural and moral theories. If we bear all of that and more in mind, there will be no hesitation in regarding as abhorrent the words of one who says “But the Brothers bore it” instead of“But man bore it”(cf. al-Ahzaab 33:72), making fun of a group of Muslims. Is there anything more disrespectful towards the words and meanings of the Qur’an than this?
-2-
we are very upset by much of what we have seen from some irresponsible media such as newspapers, magazines, satellite channels and so on, who take advantage of recent painful events in the Muslim world and use the Holy Qur’an in this manner, referring to its verses to address religious people and to mock some political Islamic groups and their predicament in some countries. It is as if the Holy Qur’an is not a Book for all Muslims, rather it is a book for some of them only. And it is as if the one who refers to it in this manner is trying to tell people, “We can come up with something like this Qur’an which you recite and venerate, in order to point out your faults!” For example, he may write “And those who were of the Brotherhood will be driven to Hell in groups” (cf.“And those who disbelieved will be driven to Hell in groups” [az-Zumar 39:51]); this poor man does not realise that the Book of Allah, may He be exalted, is of a sublime status and is not to be touched by any but those who are purified; those who are not purified with regard to religious commitment and manners are only exposing the darkness that resides in their hearts and the foolishness of their minds. They lose in worldly terms, let alone in terms of the Hereafter, by using this kind of mocking language, telling lies about Allah, distorting the meaning of His Book and, in fact, blatantly distorting the wording thereof.
-3-
here we will quote the views of some scholars who forbade this kind of referring to the text if it is done in the context of mockery and disrespect.
As-Suyooti (may Allah have mercy on him) said:
One kind of reprehensible referral to texts is quoting a verse in the context of a joke – we seek refuge with Allah from that – such as saying (in verse):
“She conveyed a message to her lovers with her eyes, ‘Far, very far is that which you are promised’ [cf. al-Mu’minoon 23:36];
Seek physical intimacy with her – ‘For the like of this let all strive, who wish to strive’ [cf. as-Saaffaat 37:61].”
End quote fromal-Itqaan fi ‘Uloom al-Qur’an, 1/387; as-Suyooti quoted this categorization (of ways of quoting or referring to Qur’an, into those which are acceptable and those which are not) from one of the scholars, and approved of this categorization.
Then he (as-Suyooti – may Allah have mercy on him) said:
I do not know of any difference of opinion among the scholars that this is permissible to refer to the Qur’an, provided that the context is not one of approving of promiscuity, immorality, mockery on the part of evildoers, drinking alcohol, promoting homosexuality, and so on.
End quote fromTanweer al-Hawaalik Sharh Muwatta’ Maalik, 1/312
Ibn ‘Aqeel al-Hanbali (may Allah have mercy on him) said:
Referencing the Qur’an in the context of improper speech is not permissible.
End quote from Ibn Muflih inal-Adaab ash-Shar‘iyyah, 2/289.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about some examples of referring to Qur’anic texts, such as when someone said, “Today we have seen Noon and what they know (noonwa ma ya ‘lamoon)”
(this is a rhyme which tries to sound like what is mentioned at the beginning of Soorat al-Qalam).
He replied:
As for the one who said that by way of mockery, this is a very serious matter; it may even be said that he has gone beyond the pale of Islam, because it is not permissible under any circumstances to quote the Qur’an by way of mockery, and the same applies to Islamic rulings. Allah, may He be blessed and exalted, says (interpretation of the meaning):
“The hypocrites fear lest a Soorah (chapter of the Quran) should be revealed about them, showing them what is in their hearts. Say: ‘(Go ahead and) mock! But certainly Allah will bring to light all that you fear.’
If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allah, and His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (SAW) that you were mocking?
‘Make no excuse; you have disbelieved after you had believed. If We pardon some of you, We will punish others amongst you because they were Mujrimoon (disbelievers, polytheists, sinners, criminals, etc.)’”
[at-Tawbah 9:64-66].
Hence the scholars (blessings and peace of Allah be upon him) said: Whoever utters a word of disbelief, even if that is jokingly, has become a disbeliever; he must repent and believe that he is repenting from apostasy, and he has to renew his Islam. The verses of Allah, may He be glorified and exalted, and the words of His Messenger are too great to be taken as a joke.
However, in the case of one who quotes a verse in relation to some incident that occurs, there is nothing wrong with that. The Messenger of Allah (blessings and peace of Allah be upon him) quoted verses in relation to incidents that occurred. He quoted the verse (interpretation of the meaning),“Your wealth and your children are only a trial”[at-Taghaabun 64:15], when [his grandsons] al-Hasan and al-Husayn came stumbling; he came down from the minbar and said: (interpretation of the meaning),“Your wealth and your children are only a trial”[at-Taghaabun 64:15]. So there is nothing wrong with quoting verses in relation to some incidents that occur. But to quote verses inappropriately, in ways that are not in accordance with that which was intended by Allah, especially if that is in the context of joking and mocking – this is a very serious matter.
End quote fromLiqa’ al-Baab al-Maftooh, 60/13
Anyone wishing to know more may refer to the bookal-Iqtibaas: Anwaa‘uhu wa Ahkaamuhu, by Dr. ‘Abd al-Muhsin ibn ‘Abd al-‘Azeez al-‘Askar.
And Allah knows best.










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Dought & clear, - Does using ointment inserted into the anus break the fast?












I have a wound in my anus (possibly anal fissure), so I need to apply a cream (antiseptic) after passing the motion, which I usually do during the day time after the Fajir. I need to apply it using my finger(inserting it inside the anus), does that invalidate my fast during the holy month of Ramadhan ?
Praise be to Allah
If the fasting person puts anything into his body via the anus, this is one of the things that invalidate the fast according to the majority of scholars.
That includes, for example, inserting his finger, whether that is when cleaning himself after relieving himself, or applying any kind of medicine, or inserting anything such as suppositories or enemas.
A number of scholars have stated that the fast is not invalidated by that. This is the view of Ibn Hazm and is the view favoured by Shaykh al-Islam Ibn Taymiyah and, among contemporary scholars, Shaykh Ibn ‘Uthaymeen (may Allah have mercy on them all).
The reason why it does not invalidate the fast is that there is no evidence to that effect; the basic principle is that it remains valid unless there is evidence to indicate otherwise.
It says inal-Mawsoo‘ah al-Fiqhiyyah(2/87): The Hanafis and Maalikis in their most well-known view, which is also the view of both the Shaafa‘is and the Hanbalis, is that having an enema invalidates the fast of the fasting person and he has to make it up, because ‘Aa’ishah (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) entered upon me and said: “O ‘Aa’ishah, is there any piece of bread?” I brought him a piece and he put it in his mouth, then he said: “O ‘Aa’ishah, did any of it enter my stomach? … This is like the kiss of the fasting person; rather the fast is broken by what goes in, not by what comes out.”
It was narrated from Ibn ‘Abbaas and ‘Ikrimah: The fast is broken by what goes in, not by what comes out. Because this is something that has reached his insides by his choice, it is akin to food, and it has the same effect as breaking the fast, namely providing nourishment to the body. However the Maalikis stipulated that the thing that enters the body should be in liquid form, but none of the other (fuqaha’) made any such stipulation.
According to a lesser known view of the Maalikis, which is also the view of al-Qaadi Husayn among the Shaafa‘is – which was described as odd (shaadhdh) – and is also the view favoured by Ibn Taymiyah, if the fasting person has an enema, it does not invalidate the fast and he does not have to make it up.
They gave as the reason for that the fact that fasting is part of the Muslims’ religion which both scholars and ordinary people need to know about. If these matters were things that Allah, may He be exalted, had forbidden, it would have been incumbent upon the Messenger (blessings and peace of Allah be upon him) to explain that clearly; if he had mentioned it, then the Sahaabah would have known about it and would have conveyed it to the ummah as they conveyed the rest of his rulings. As not one of the scholars transmitted any hadeeth – either saheeh or da‘eef, musnad or mursal – concerning that matter, it is known that he did not say anything about it.
End quote.
Ibn Hazm (may Allah have mercy on him) said: With regard to enemas, medicine applied to the outer opening of the urethra, and eardrops, they said: Whatever reaches the inside of the body or the inside of the head – because they are regarded as hollow – invalidates the fast, by analogy with food.
Abu Muhammad said: Rather Allah, may He be exalted, forbade us whilst fasting to eat, drink, have intercourse, vomit deliberately or commit sins. We do not know that food or drink could be taken in through the anus, the outer opening of the urethra, or the ear, and we were not forbidden to put things inside our bodies in ways other than eating or drinking that it is not haraam to put inside our bodies. End quote.
Al-Muhalla, 4/349
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: With regard to kohl, enemas, medicine applied to the urethral opening, head injuries that reach the brain and deep stab wounds to the body, these are matters concerning which the scholars differed. Some of them said that none of these things break the fast; others said that all of them break the fast except kohl; or that they all break the fast except medicine applied to the urethral opening; or that the fast is not broken by using kohl but all the other things do break the fast.
The most correct view is that none of them break the fast, because fasting is part of the Muslims’ religion which both scholars and ordinary people need to know about. If these matters were things that were forbidden by Allah and His Messenger when fasting, and the fast was invalidated by them, it would have been incumbent upon the Messenger (blessings and peace of Allah be upon him) to explain that clearly; if he had mentioned it, then the Sahaabah would have known about it and would have conveyed it to the ummah as they conveyed the rest of his rulings. As not one of the scholars transmitted any hadeeth – either saheeh or da‘eef, musnad or mursal – concerning that matter, it is known that he did not say anything about it.
End quote fromMajmoo‘ al-Fataawa, 25/233
See also:ash-Sharh al-Mumti‘, 6/368;Majallat Majma‘ al-Fiqh al-Islami, 10/638
Based on that, if it is possible for the fasting person to delay what he needs of enemas until after he has broken the fast, that is better, more on the safe side and furthest removed from falling into error, because of what we have mentioned about many of the scholars being of the view that his fast is invalidated by that.
But if that is too difficult for him, or delaying it until after the breaking the fast would cause him harm, and he applies the cream or uses some other remedy, even if that involves inserting what he needs with his finger, then we hope that there will be no blame on him and that his fast will not be invalidated by it. We have quoted above the scholars that favoured this view.
And Allah knows best.







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