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Thursday, February 7, 2013

Discrimination against women and its solution: Adherence to the Qur'an and the Sunnah

In societies devoid of real justice, the inequality of women and men
is a serious social issue posing majorproblems. In many countries
around the world, women are often treated as second-class citizens and
even outcasts. Perceived as weak and protection-seeking beings, they
are often abused. For the same reason, they do not hold a role in
societythat commands respect or authority.
In societies where such prejudices prevail, a woman with a remarkable
career in business life hardly findsacceptance. Generally, women are
regarded as people who lack self-confidence and determination, and who
have poor intellectual faculties. This rationalisation of
a"woman-stereotype" in society wrongly serves as an explanation for
every mistake a woman makes. In reality, such mistakes are not
peculiar to women but are universal among human beings.
Among candidates applying for job vacancies, men are usually favoured
over women, even if they possess exactly the same backgrounds,
intelligence and skills. This tendency explains why there are limited
opportunities available to women in business life.
On the other hand, the majority of women identify with this image
attributed to them. This identification makes them readily assume the
inferior roles assigned tothem in many societies.
Prejudices in social life towards gender differences have
strikingconsequences in underdeveloped countries. Let alone
theirentitlement to educationand work, they are even deprived of
making their own decisions about marriage. All sorts of women's
personal decisions rest either with their fathers or husbands.
There is an on-going effort to provide solutions to these
flawedimplementations only a few of which have been included here.
Associations founded to protect women's rights, concepts such as
freedom and equality or the feminist movement or seminars, panels and
discussions have not contributed much towards a workable solution. All
these effortsprove that these solutions inherently breed more
complications. This is a natural consequence since the real solution,
as in all other domains, is unique: adherence to the Qur'an.
In a society adhering to the Qur'an and the Sunnah, no prejudicial
distinction is made between the individuals of a society whether
women, men, wealthy, poor, young or old. Social standing, profession,
wealth, or gender do not make people enjoy particular privileges. The
good deeds one engages in and one's fear of Allah distinguish one, as
is alluded to in the verse "Take provision, but the best provision is
taqwa of Allah." (Surat al-Baqara: 197) In the Qur'an, people are not
classified prejudicially asmen or women. Allah addresses both men and
women having faith in Him and engaging in good deeds. Allah stresses
the importance of living by the values Hecommands. In that respect,
being male or female has no significance. Some of theverses stressing
this are as follows:
The men and women of the believers are friends of one another. They
command what is right and forbid what is wrong and establish salat and
pay zakat (regular charity), and obey Allah and His Messenger. They
are the people on whom Allah will have mercy. Allah is Almighty,
All-Wise. Allah has promised the men and women of the believers.
Gardens with rivers flowing under them, remaining in themtimelessly,
for ever, and fine dwellings in the Gardens of Eden. And Allah's good
pleasure is even greater. That is the great victory. (Surat at-Tawba:
71-72)
Men and women who are Muslims, men and women who are believers, men
and women who are obedient, men and women who are truthful, men and
women who are steadfast, men and women who are humble, men and women
who give in charity, men and womenwho fast, men and women who guard
theirprivate parts, men and women who remember Allah much: Allah has
prepared forgiveness forthem and an immense reward. (Surat al-Ahzab:
35)
Anyone, male or female, who does right actions and is a believer, will
enter the Garden. They will not be wronged by so much as the tiniest
speck. (Surat an-Nisa': 124)
In societies distant from religion, women encounter many difficulties,
and, in particular, those experienced after a divorce deserve special
mention. A divorce creates many problems for a woman who has been
prevented from working by her husbandand hence has come to depend
economically upon him.
That the majority of women do not have a profession, that they are not
young enough to go to work or that they are not entitled to any
socialrights make conditions hard for divorced women. The additional
benefits divorcing parties demand from each other and their insistence
on pursuing their own interests contribute to conflicts between the
parties andmake the situation even worse.
In a society of believers, however, people do not go through such
trouble when they adhere to theQur'an and the Sunnah. The respect and
love felt at the beginning of a marriage is not lost when the parties
decide to terminate their marriage since it is doneby mutual consent.
This attitude is consequent upon the rationale that parties do not
perceive each another merely as aman or a woman but as human beings
having faith in Allah, and thus Allah's most elevated creation. This
attitude maintains courtesy after a divorce.
There are many measures taken in the Qur'an securing a woman's rights
after divorce. The ones pertaining to her economic situation maintain
the welfare of a divorced woman. The following verses inform us about
the benefits and monetary assistancespecified by the mutual consent of
both parties as well as the treatment due a woman after separation:
Divorced women should receive maintenance given with correctness and
courtesy: a duty for all who are righteous. (Surat al-Baqara: 241)
… Give them a gift – he who is wealthy according to his means and he
who is less well off according to his means – a gift to be given with
correctness and courtesy: a duty for all good-doers. If you divorce
them before youhave touched them but have already allotted them a
dowry, they should have half the amount which you allotted, unless
they forgo it or the one in charge of the marriage contract forgoes
it. To forgo it is closer to taqwa. Do not forget to show generosity
to one another. Allah sees what you do. (Surat al-Baqara:236-237)
He who has plenty should spend out from his plenty, but he whose
provision is restricted should spend from what Allah has given him.
Allah does not demand from any self more than He has given it. Allah
willappoint after difficulty, ease. (Surat at-Talaq: 7)
Again from the verses, we know that, after the divorce, it is not
lawful for a man to keep anything he had given to his wife during the
marriage. All needs of a divorced woman relatedto housing are also
guaranteed during the 'iddah period after the divorce. According to
theQur'an, it is also unlawful to inherit women by force. What has
been related so far reveals that adhering to the Qur'an brings
solutions. In a society where people live by theQur'an, women are not
subjected to maltreatment and dishonoured as in other societies.

* The danger of changing the meaning of Allaah's Names and Attributes

* When dealing with the issue of belief in Allaah's Names and
Attributes, wehave to bear in mind the following important points:
1) Placing Allaah, The Most Exalted, above any likeness to human
beingsand beyond any imperfections.
2) Belief in the Names and Attributes established in the Quran and
Sunnah (the sayings, actions and approvals of Prophet Muhammad ),
without ignoring them, expanding upon them, changing or overriding
them.
3) Abandoning any desireto discover the form of those attributes by
realizing the following:
A: The attributes of AllaahAlmighty bear no resemblance whatsoever to
any human attribute. Allaah Says in the Quran (what means): "There is
nothing like Him…" [Quran 42:11]
B: The only names and attributes to be ascribed to Allaah Almighty are
those mentioned in the Quran and Sunnah.
C: We are required to believe in these names and attributes without
inquiring after their nature and manner or investigating their
essence.
This is so because attributes vary according to the self they
characterize; finding out how they manifest themselves depends upon
knowing the self and how it acts.
If someone were to ask: "How does Allaah Almighty descend to the lower
heavens?" We would reply by asking: "What is His nature?" If the
questioner says, "I donot know Allaah's nature", we say: "And we know
not how He descends!"
Tawheed of Names and Attributes is violated by the following:
1. Ta'teel (Negation): Thisis done by negating Allaah's Names or
Attributes, and denying their existence in Allaah. For instance,
negating the perfection of Allaah by denying His Names and Attributes,
or negating the proper conduct towards Allaah by abandoning worship,
or barring the created from its Creator, such as those who deny the
fact that Allaah Almighty created the universe and claim that it
developed and evolved by itself.
The deviant Islamic sect who adopted this crooked creed is called
'Al-Jahmiyyah', the followers of Jahm Ibn Safwaan. They deny the
Attributes of Allaah, the AlMighty and Exalted; in fact, their
extremists deny the Names and say:"It is not permissible to affirm a
Name or an Attribute of Allaah; for if you were to affirm a Name for
Him, you have likened Him with things with (similar) names, or an
Attribute, then you have likened Him with things of (similar)
attributes!! And whateverAllaah assigns to Himself from the Names;
then it isjust in a metaphorical sense; and not the case ofactually
naming with these Names (literally)!!"
2. Tashbeeh (Resemblance): Thismeans to resemble the attributes of the
Creator to the attributes of the created as the Christians, Jews and
some deviant sects in Islam compare the face of Allaah with the human
face, Allaah's Hand to the human hand and so on. [Al-As'ilah
Wal-Ajwibah Al-Usooliyyah, p. 35]
The people who adopted this deviant creed affirm the attributes of
Allaah, and say: "It is a must to affirm the attributes of Allaah, as
He affirmed them for Himself", but they say: "Indeed they are like the
attributes of the creation."
So, these people went into extreme in affirmation, and the people of
At-Ta'teel went into extreme in elimination of seemingly
anthropomorphic Attributes.
So these people claimed:"It is a must for you to affirm the Face of
Allaah, and this Face is like the Face of the most beautiful one from
the children of Aadam." They also claimed:"Because Allaah addressed us
with what we understand andcomprehend; (so Allaah) said (what means):
"...And remains the Face of your Lord fullof Majesty and Honour ."
[Quran55:27], so we do not understand or comprehend from the Face
except what we witness, and the best of what we see is the human."
According to their claim - we seek refuge in Allaah from such heresy -
(the Face of Allaah) is like the best one of the human youth!! And
they claim that this is rationally logical!!
3. Tahreef (Distortion): This is done through false interpretation or
change.For example, the change of the wordings of namesand attributes,
by addingto them, subtracting fromthem or changing the grammatical
constructions, such as theverse (which means): "And Allaah spoke
directly to Moosa (Moses)." [Quran 4:163) where the word Allaah they
claimed to be in the objective case, thus indicating that it was Moosa
who spoke to Allaah and not vice versa.Thus, they denied
Allaah'sattribute of talking.
Al- Jahmiyyah also adopted this innovation through such claims as that
the Istiwaa' (Allaah's Ascending above the Throne) means 'conquering
and having dominion over'; and like the saying of some of
theinnovators that 'Anger' when referring to Allaah means 'intending
to sendblessings', all of which goes under Tahreef. The true saying,
however is that Istiwaa' means ascending and being above- as is clear
in the Arabic language. The Quran came to show that its meaning is
ascending and being above the Throne in a manner which befits Allaah's
Majesty and Greatness.
4. Takyeef (to try to describe "how" an Attribute is, e.g., to say:
How Allaah's Hand is? It islike this and that, or: HowHis Descending
is? It is like this and that): This is done by attempting to determine
the manner in which Allaah's Attributes take form and also determining
their essence. The method of taking Names and Attributes mentioned in
the Quran and Sunnah at face value, without any comparison, change,
negation, nor give the"how of" is the method of the Companions their
followers and those who followed their followers, may Allaah have
mercy them.
Takyeef differs from Tamtheel and Tashbeeh in two ways:
1- Takyeef is to Relate How Something is, with restriction or not by
way of resembling. While Tamtheel and Tashbeeh indicate how something
is, in a restricted sense, by way of a likeness or resemblance
respectively.Takyeef is more general. All who do Tamtheel are doing
Takyeef. But vice versa is NOT the case.
2- Takyeef is Particular toAllaah's Attributes, while Tamtheel is
concerned with His Decree, Description and Self.
Ahlus-Sunnah Wal-Jamaa'ah (the mainstream moderate Muslims) affirm for
Allaah-The Most Exalted -what He has affirmed for Himself in His Noble
Book, or what has been affirmed for Him by His Messenger Muhammad in
the authentic Sunnah, without Tamtheel. They free Allaah - the Most
Exalted -from any resemblance to His creation, whilst also rejecting
and being free from Ta'teel.

Makkah - The dearest of all lands to Allaah and HisMessenger

The Value of Glorifying the SacredCity:
The importance of values lies in the fact that they are the criterion
by which people, ideologies,actions, positions and subjects can be
judged and measured; moreover,values decide the identityof the
community; the values in a given community have a direct effect and
influence on the manners and conductwhich the members of that
community adopt.
Whenever the values of acommunity originate from the teachings of its
faith, the behaviour and conduct of its people will reflect such a
faith and they will certainly enjoy fine and fulfilling lives within
their respective communities.
Strengthening the social values that Islam instructsand emphasises
upon is the safety valve that protects and guards the community, and
one of the greatest and most important of such values is to glorify
the symbols of Allaah. Indeed, such glorification results in lofty
social customs and etiquettes that guaranteethe stability of the
Muslimcommunity and assures happiness in this life and the Life to
come.
Allaah Almighty has madethis city a Sacred and Secure one and has
honoured His House (the Ka'bah); He made glorifying this city one of
the most honourable actsof worship by which a person draws close to
Allaah; He says (what means): "That [is so]. And whoever honours the
symbols [i.e. rites] of Allaah — indeed, it isfrom the piety of
hearts." [Quran 22: 32]
Glorifying what Allaah and His Messenger have glorified results in
establishing great social values that will yield countless benefits to
the Muslims, and will reflect the unity of the Muslims - a nation that
direct themselves to one Qiblah (direction during prayer towards
Ka'bah), believe in one religion and harbour the same objectives and
hopes, as if their hearts are that of a single person.
The Prophet taught us how to build this value ofglorifying Makkah -
since his prophethood started in Makkah itself - in a practical manner
that is away from fantasy and ina realistic manner that is easy to
comprehend, andmade it deeply rooted in the hearts in a way that
guaranteed the continuity of such glorification by those who reside in
the Sacred City and those who come to visit it. He did so with great
wisdom and with tender care which causedpeople to long to see
andglorify this Sacred City .
Words and actions that reflects its love:
Imaam Al-Bukhaari reported on the authority of 'Aai`shah that she
said: "When the Prophet came to Al-Madeenah, both Abu Bakr and Bilaal
became sick. Whenever fever attacked Abu Bakr, he would recite the
following verses of poetry:
A person wakes up among his household-active he is
While death is in fact closer to him than his shoelaces
Whenever fever eased from Bilaal,he would recite the following verses of poetry:
Will I ever again go back to spenda night- only once
In the valley with Ith-khir and Jaleel (plants) in abundance?[1]
And will I one day again drink from the water of Mijannah? [2]
And will again see (the mountains of) Tafeel and Shaamah? [3]
Then he would say: 'O Allaah! Curse Shaybah binRabee'ah and 'Utbah bin
Rabee'ah and Umayyah bin Khalaf as they forced us from our land to a
land full of diseases'. Then the Prophet said: "O Allaah! Make
Al-Madeenah dear to our hearts just like you made Makkah dear to our
hearts, and even more so. O Allaah! Bless our Saa' and our Mudd [4]
and make it a healthy place for us, and move its fever to the area of
Al-Juhfah." Bilaal also said: 'We arrived at Al-Madeenah and it was
aland full of diseases as the valley of Bathaan would have putrid
water running through it.'"
Ibn 'Abbaas narrated: "The Prophet said, addressing Makkah: "How good
you are as a land and how dear you are to my heart! Had your people
not forced me out of you, I would have never come outand left you and
would have never resided in any other city but you." [At-Tirmithi &
Ibn Hibbaan]
Ibn 'Abbaas narrated: "When the Prophet was forced to leave Makkah he
headed out toa cave, turned around, and said, addressing Makkah: "You
are the most beloved land to Allaah, and you are the most beloved land
to me. Had the polytheists not forced me out of you, I would never
have come out and left you. The worst enemy is the one who
transgresses the sanctities of Allaah, or kills a soul without
dueright or kills a soul as revenge from the era of pre-Islaamic
ignorance." Then Allaah revealed the following verse (which means):
"And how many a city was stronger than your city [i.e. Makkah]
whichdrove you out? We destroyed them; and there was no helper for
them." [Quran 47:13]" [Ibn Jareer At-Tabari] Imaam Al-Qurtubi said:
"This is an authenticnarration." [End of quote]
Imaam At-Tirmithi, Ahmad and 'Abd bin Humayd reported that 'Abdullaah
bin 'AdiyyIbn Al-Hamraa' narrated: "I saw the Prophet standing on a
hillock [5] and addressing Makkah, saying: "I swear by Allaah! You
are the best of the lands of Allaahand you are the most beloved land
to Allaah, and had it not been that I was forced to leave you, I would
have never left you."
Imaam Al-Faakihi reported on the authority of 'Amr bin Shu'ayb, who
reported from his father who reported from his father that he ('Amr's
grandfather) said: "The Prophet sent 'Itaab binUsayd as a leader for
the people of Makkah and said to him: "Do you know where I am sending
you? I am sending you to the people (dear to) Allaah. There is no city
dearer to Allaah - the Almighty, the Glorified - and to myself than
thiscity, and had it not been that its people forced me out of it, I
would never have left it."
This is Makkah and this is its virtue. Will we win thehonour of
glorifying it and loving it with its due love and glorification?
Footnotes:
[1] Jaleel: a weak plant that the residents of Makkah would use in their homes.
[2] Mijannah: a place thatwas a few kilometres from Makkah which had a market.
[3] Shaamah and Tafeel: Two mountains about 50 Km from Makkah.
[4] Saa and Mudd: measures of weight for food
[5] This small hill was at the lower end of the market overlooking Makkah.

Dought & clear,- Difference of opinion concerning the ruling onemission of wind from a woman’s front passage.

As is known, women sometimes have air (like gas or bubbles or wind)
coming out from the front passage. Sometimes it has a sound, but more
often not. As you have written on this site previously about this
issue, it has been made clear that this does not invalidate ones
wudu'.
But there is another question related to it.
A woman often experiences that some wind comes out of her while for
example moving, sitting down, praying, etc.
The problem is that its often difficult to tell from where the wind
came; whether from the front or the back passage. Because even though
shes often certain she felt something come out, shes not certain from
exactly where, so she cant know for sure if shehas invalidated her
wudu.
What is a woman to do in these situations? Especially since the
confusion and the fact that it happens often makes staying in wudu
very difficult. Even relaxing during prayer often becomes difficult
because of it.
Should she then re-do her wudu, or if it happens during the prayer,
stop praying andgo make wudu again and repeat the prayer... Or should
she go by the principle on doubt & certainty, and since she can't be
sure for 100% that she actually broke her wudu, only that something
came out from somewhere, shouldshe then go with that she's still has
wudu unless she's completely certain that it was from the back?
So, should this sister either:
A) Continue doing as she does right now: if the possibility seems
greaterthat it came from the front, she goes on that and considers
herself still in wudu'.
B) If it is certain something comes out, always consider it to be from
the front always unless she is completely certain without any doubt
that its from the back, following the general principle of doubt &
certainty regarding passing gas, and hence considers herself still in
wudu'
C) If it is certain that something comes out but it is uncertain from
exactly where, then consider it to be from the back and therefore
breaks the wudu', as to be on the safe side
D) or do none of the alternatives above, and instead do something else
completely?.
Praise be to Allah.
Firstly:
The fuqaha' differed as to whether wudoo' is invalidated by the
emission of wind from a woman's front passage. There are two views:
1. That it does invalidate wudoo'. This is the view of the
Shaafa'is and Hanbalis.
Imam an-Nawawi (may Allah have mercy on him) said:
Anything that comes out of the front or back passage of a man or woman
invalidates wudoo', whether it is stools, urine, wind, worms, pus,
blood, stones or anything else. There is no differentiation in that
regard between what happens rarely and whathappens regularly, and
there is no differentiation between wind coming out of the front
passage of a man or woman or from the back passage. This was stated by
ash-Shaafa'i (may Allah have mercy on him) in al-Umm, and our
companions are unanimously agreed on that.
End quote from al-Majmoo', 2/3; see also Tuhfat al-Muhtaaj by Ibn
Hajar al-Haytami, 1/127
Ibn Qudaamah (may Allah have mercy on him) said:
Saalih narrated from his father concerning a woman from whose vagina
wind is emitted: Whatever comes out of either (the front or
back)passage, wudoo' is required for it. al-Qaadi said: Emission of
wind from the penis or the woman's vagina invalidates wudoo'.
End quote from al-Mughni, 1/125. See also al-Insaaf by al-Mirdaawi, 1/195
2. That it does not invalidate wudoo'. This is the view of the
Hanafis and Maalikis.
It says in Radd al-Muhtaar 'ala ad-Durr al-Mukhtaar, 1/136: Wudoo' is
not invalidated by emission of wind from the front passage or penis,
because it is a twitch or tremor, i.e., it is not really wind; even if
we say that it is wind, it does not come from a site of impurity,
therefore it does not invalidate wudoo'.
End quote. See Badaa'i' as-Sanaa'i' by al-Kasaani,1/25
Al-'Allaamah ad-Dardeer al-Maaliki (may Allah have mercy on him) said:
If something usual is emitted from somewhere other than the two usual
passages, such as if it is it emitted from the mouth, or if urine is
emitted from theback passage, or wind is emitted from the front
passage or even from the woman's vagina, or from a hole, then it does
not invalidate wudoo'.
End quote from ash-Sharh al-Kabeer ma'a Haashiyat ad-Dasooqi, 1/118
Undoubtedly in order to be on the safe side and to ensure that one has
discharged one's duty it is better to do wudoo' inthe event of this
wind, because there is such a strong difference of opinion concerning
it and because this is moreon the safe side, as we have said. It is
also closerto the apparent meaning of the evidence, because the
Prophet (blessings and peace of Allah be upon him) said: "There is no
wudoo' unless there is a sound or a smell." Narrated by at-Tirmidhi,
74; he said: a hasan saheeh hadeeth.
This hadeeth and similar hadeeths on this topic were quoted as
evidence by Imam Ibn al-Mubaarak and others to show that wudoo' is
rendered invalid by emission of wind from the back passage.
Imam at-Tirmidhi (may Allah have mercy on him) said:
This is the view of the scholars, that he does not have to do wudoo'
except if he breaks windand hears a sound or notices a smell.
'Abdullahibn al-Mubaarak said: If he is uncertain as to whether he has
broken wind, he does not have to do wudoo' unless he is so certain
that he would swear to it. And he said: If wind is emitted from a
woman's front passage, she has todo wudoo'.
This is also the view of ash-Shaafa'i and Ishaaq. End quote.
For more information, please see fatwas no. 14383 and 114793
The view that wudoo' is required becomes stronger in the case of
uncertainty as to whether it came from the front passage or the back
passage. It is known that wind emitted from the back passage
invalidates wudoo' according to scholarly consensus. If the source of
the wind isuncertain – is it from theback passage, which invalidates
wudoo' according to scholarly consensus, or is it from the front
passage, whichinvalidates wudoo' according to many of the scholars? –
the view that it does invalidate wudoo' becomes very strong,
especially since the basic principle concerning wind is that it comes
from the back passage. As for that which is emitted from the front
passage, it is rare and is not a regular occurrence; this is the basis
on which those who said that it does notinvalidate wudoo' basedtheir
opinion.
Secondly:
If this wind is continual and happens in all situations, then this
woman comes under theheading of those who are excused, even if she is
certain that it comes from the back passage. So she should do
wudoo'for each prayer after thetime for it has begun, then offer the
obligatoryprayer and whatever shewants of naafil (supererogatory)
prayers, and she does not have to repeat wudoo' every time she passes
wind.
Shaykh ash-Shanqeeti (may Allah preserve him)was asked:
The wind that comes outof a woman's front passage happens a greatdeal
at different times; should she do wudoo' for each prayer?
He replied:
There is a well-known difference of opinion among the scholars
(mayAllah have mercy on them) concerning this issue: does the front
passage come under the same ruling as the back passage with regard to
emission of wind? Some of the scholars (may Allah have mercy on them)
said that emission of wind from the front passage comes under the same
ruling as emission of wind from the back passage. This is by way of
judging like by like; it is a strong opinion and is undoubtedly more
on the safe side.
But if it happens with a woman in a way that it is out of control, or
it causes her hardship and difficulty, in that case she comes under
the same ruling as the woman who is suffering from istihaadah
(irregular non-menstrualbleeding), such as when her bleeding is
persistent. She should dowudoo' when the time for each prayer begins,
and after that it will not matter if she passes wind. The same also
applies if she continuallypasses wind from the back passage. It is
more appropriate to be on thesafe side concerning her religious
commitment and worship. And Allah knows best.
End quote from Sharh Zaad al-Mustaqni'.
And Allah knows best.