Fathwa, - Is it permissible for a menstruating woman to be in the presence of a dying person?

Question
Is it permissible for a menstruating woman to be in the presence of
her dying mother?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His slave and messenger.
Some scholars choose theopinion that the dying person must be kept
away from a menstruating, post- partum bleeding woman,musical
instruments and similar things detested bythe Angels, may Allaah exalt
their mention.
In his book, Al-Mughni,Ibn Qudaamahsaid: "It is disliked for a person
who is in a state of majorimpurity and a post-partum bleeding woman to
close the eyes of a deceased person or touch him. 'Alqamah, the
disciple ofIbn Mas'ooddisliked it as well asAsh-Shaaf'i,Al-Hasan,Ibn
Seereen,'Ataa'andMaalikdisliked that amenstruating woman or person in
a state of majorimpurity washes the deceased.Ibn Abu Zayd
Al-Qayrawaanisaid: "Itis recommended to keep a dying person away from
a menstruating woman or person in a state of majorimpurity. This is
applicable when there are people who can teach him the testimony,
close his eyes and manage his affairs. If not,a menstruating woman may
be present with the dying person because of the need for her presence.
Thus, it is clear to the questioner to not attend her mother's death
if there are others besides her. Otherwise, she can.
Allaah Knows best.

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Tawheed… the essence ofIslam

Tawheed )Islamic monotheism( isthe greatest foundation of Islamic
belief. In fact, a person is considered as Muslim if he/she accepts
that there is no god worthy of worship but Allaah andthat Muhammadis
His slave and His messenger to humankind.
Almighty Allaah Says in the Noble Quran )what means(:"Allaah- there is
no deity except Him, the Ever- Living, the Sustainer of ]all[
existence. Neither drowsiness overtakes Him nor sleep. To Him belongs
whatever is in the heavens and whatever is on the earth. Who is it
that can intercede with Him except by His permission? He knows what is
]presently[ before them and what will be after them, and theyencompass
not a thing of His knowledge except for what He wills. His Kursi
)literally, a footstool( extends over the heavens and the earth, and
their preservation tires Him not. And He is the Most High, the Most
Great."]Quran 2: 255[
In these marvelous verses, Allaah describes Himself as The Only One-
Most Powerful, Ever-Living Lord of us. Tawheed is the bedrock of Islam
and it states that it is Allaah Who has created the universe with
whatever is in it and administers it. What we deduce from the
operation of theuniverse and call 'natural laws' are, in fact,
Allaah's regular ways of creating things and events andadministering
the universe.
According to Islam, all religions revealed to the prophets, may Allaah
exalt their mention, have the same essence and knowledgeof Tawheed and
unity of Allaah, but, with the time, the message was misinterpreted,
mixed with superstition, and degenerated into magical practices and
some rituals. That was the same message with which Aadam was sent down
to earth, the same knowledge that Allaah revealed to Nooh )Noah(,
Ibraaheem )Abraham(, Moosaa )Moses( and 'Eesaa )Jesus(, may Allaah
exalt their mention, and the last Prophet sent to humanity, Muhammad.
Islam rejects characterizing Allaah in any human form or depicting Him
as favoring certain individuals or nations on the basis of wealth,
power, or race. However, our human minds are often in search of
understanding the concept of Allaah in materialistic ways, although we
are not capable to completely comprehend this concept. When Prophet
Muhammad'scontemporaries asked him about Allaah, Allaah revealed the
chapter of Ikhlaas )Quranic Chapter No. 112( which is considered as
the motto of Tawheed, Saying )what means(:"Say )O Muhammad(, "He is
Allaah, ]who is[ One. Allaah, the Eternal Refuge. He neither begets
nor was He begotten. Nor is thereto Him any equivalent."]Quran
112:1-4[
The Creator must be a different nature from the things created,
because if He is of the same nature as they are, He will be temporal
and will, therefore, need a maker. If the maker is not temporal, He
must be eternal. But if He is eternal, He cannot be caused. If nothing
apart from Him causes Him to continue to exist, He must be
Self-Sufficient and Self-Subsistent. If He does not depend upon
anything for the continuance of His own existence, this existence can
haveno end. The Creator is therefore Eternal and Everlasting Allaah
Says )what means(:"He is the First and the Last"]Quran 57:3[.
The Creator does not create only in the sense of bringing things into
being, in other words, He is not only a Starter, He also preserves
everything, takes them out of the existence, and is the ultimate cause
of whatever happens to them.
'Ali Ibn Abu Taalibthe fourth Muslim Caliph, is reported to havesaid:
"He is being but not through the phenomenon of coming into being. He
exists but not from non-existence. He is with everything but not
physical nearness. He is different from everything but not by physical
separation. He acts but without the accompaniment of movements and
instruments. He is the One, only such that there is none with whom He
keeps company or whom He misses in his absence."
In Islam, Allaah is known by His Names and Attributions and the
manifestation of these names in the universe.
Another aspect of Tawheed in Islam is that it implies the equity and
unity of all people in their relation with Allaah. Thus, peopleof
different social strata were notcreated by separate deities with
varying levels of power, since thiswould violate Tawheed by putting
barriers between them. Instead, social dimension of Tawheed states
that the same Allaah created everyone, and so all people have the same
fundamental essence. In fact, the noblest person in Allaah's Sight
isthe one who is most Allaah-conscious.
Prophet Muhammadsaid:"Your Lord is One. You are from Aadam and Aadam
was created from dust. An Arab is not superior to a non-Arab, nor a
white person over a black person,except for his/her piety and
righteousness."]Ahmad[

Concepts Clarified in the Quran -III

The concept that the future belongs to the Muslims:Allaah will
certainly make this religion prevail and grant the Muslims victory
over the disbelievers, even if after a while. Allaah Says )which
means(:"They want to extinguish the light of Allaah with their mouths,
but Allaah willperfect his light, although the disbelievers dislike
it. It is He whosent His Messenger with guidanceand the religion of
truth to manifest it over all religion, although those who associate
others with Allaah dislike it."]Quran 61: 8-9[
Muslims nowadays are in dire need of understanding this concept. We
must firmly believe that despite our current weakness, Islam will
prevail and be victorious. This concept gives hope to the hearts of
the believers, especially when one reads the saying of the Prophet:"A
group from )among( my nation will continueto be upon the truth
supported by Allaah; they will continue to fight Jihaad until the
advent of the Hour."We ask Allaah to make us from them.
The concept of Unity:This is a concept that The Quran emphasises upon;
it commands the Muslims not to disunite and become scattered groups;
Allaah Says )whatmeans(:"And hold firmly to therope of Allaah all
together and donot become divided…"]Quran 3: 103[
Where do the Muslims of our era stand in terms of this divine command?
They have disunited and become scattered groups, to the point that the
common Muslims cannot recognise where the truth is anymore. How can
the Muslims unite? What will unite them? The only thing thatwill unite
them is their collectively holding on to the Bond of Allaah, His Book
)i.e. the Quran(, His commands, and His religion. Any attempt to unite
on any basis other than the religion of Allaah will be fruitless and
people will not attain the sought victory, because Allaah only aids
those who unite on the basis of His religion.
The concept of superiority:Allaah Says )which means(:"You are the best
nation produced ]as an example[ for mankind. You enjoin what is right
and forbid what is wrong and believe in Allaah…"]Quran 3: 110[ How did
our nation become the finest and most superior? It wasthrough it
enjoining good and forbidding evil.If we fail to do this then we can
no longer count ourselves as a part of thissuperior nation as this
superiority is not grantedsimply for being a member of this nation.
Rather, we must fulfil the conditions of being superior.
This superiority is mentioned in different verses to reflect another
concept; Allaah Says )what means(:"So do not weaken and do not grieve,
and you will be superior if you are ]true[ believers."]Quran 3: 139[
Meaning that we aresuperior when we adhere to our religion and its
teachings; we are superior with the faith that Allaah blessed us with;
we are superior due to our adhering to the Sunnah of our Prophet; we
are superior by persevering in our adherence to the Quran and the
Sunnah.
The concept of not being attached to individuals:One must not be
attached to individuals, regardless who they are. Instead one must
attach himself to the religion only, because those attached to
individuals usually give up their convictions with the death of the
ones to whom they are attached, while those attached to the religion
remain steadfast even with the deaths of those who introduced the
religion to them and whom they love dearly; Allaah Says )what
means(:"Muhammad is not but a messenger. ]Other[ messengers have
passed on before him. So if he was to die or be killed, would you turn
back on your heels ]to unbelief[?..."]Quran 3: 144[ If this is
regarding the Prophetthen it is certainly more applicablewith respect
to anyone else.
The concept of having to face harm from the disbelievers:We must
realise that the disbelievers will afflict us with numerous and varied
types of harm; Allaah Says )what means(:"You will certainly be tested
in your possessions and in yourselves. And you will surely hear from
those who were given the Scripture before you and from those who
associate others with Allaah much abuse. But if you are patient and
fear Allaah – indeed, that is of the matters ]worthy[ of
determination."]Quran 3: 186[ Therefore, the harm that they afflict us
with is physical, financial and psychological, but what is the cure
and way out? Allaah gives us the cure at the conclusion of the verse,
namely, perseverance and piety. If we do not have these then we will
not be able to stand their afflictions, nor will we be able to
confront them.
The concept of referring to the Quran and the Sunnah for
judgement:This must be applied to all our affairs and disputes; Allaah
Says ) what means(:"But no, by your Lord, they will not ]truly[
believe until they make you, ]O Muhammad[, judge concerning that over
which they dispute among themselves and then find within themselves no
discomfort from what you have judged and submit in ]full, willing[
submission."]Quran 4: 65[
Disputes and disagreements amongst the Muslims have increased, and
thus the need for applying this concept is needed more than ever. Even
in matters of jurisprudence,the common people havebecome very confused
due to hearing different opinions regarding the same issue.
What is the solution to this confusion and disputation? It is in the
saying of Allaah )which means(:"…And if you disagree over anything,
refer it to Allaah and the Messenger, if you should believe in Allaah
and the Last Day…"]Quran 4: 59[
Finally, the solution for all our problems is found in the Quran and
all we need to do is to adhere to it, correctly understand the
concepts in it, and apply them and inculcate them in practical life.

Concepts clarified in the Quran -II

The concept of the conflict between the followers of truth and those
of falsehood:This conflict can only be to the advantage of the Muslims
if their ranks are cleared of hypocrites andthose of weak faith. If
any believing group wishes to attain victory from Allaah, then it must
fulfil the requirements of victory as Allaah explains to us in the
following story )which means(:"…'Indeed, Allaah will be testing you
with a river. So whoever drinks from it is not of me, and whoever does
not taste it is indeed of me, except one who takes ]from it[ in the
hollow of his hand'…"]Quran 2: 249[ What happened? Many people failed
the test andthe ranks were therefore cleared of those who were weak in
faith. Only the true believers, who had strong faith, remained with
him as told in the remainder of the verse; Allaah Says )what
means(:"…But they drank from it, except a ]very[ few of them. Then
when he had crossed it along with those who believed with him, they
said: 'There is no power for us today against Jaaloot ]Goliath[ and
his soldiers.' But those who were certain that they would meet Allaah
said: 'How many a small company has overcome a large company by
permission of Allaah…'"]Quran 2: 249[ Note that the words of those who
did not drink, not even a handful, were firm and that it was to these
people that victory came. Allaah Says after this )what means(:"So they
defeated them by permission of Allaah…"]Quran 2: 251[
The conflict between the followers of the truth and those of falsehood
is what causes the victory from Allaah to descend aswell as
strengthening theMuslims and initiating Jihaad. Additionally, the
ranks of the believers could never be distinguished without such a
conflict, and nor would the Muslims receive any practical cultivation
without it.
It is the way of Allaah that the disbelievers temporarily overcome the
Muslims, so that the Muslims can rearrange their ranks, purify
themselves and work on building and strengthening their faith.It is
after this that Allaah chooses those who are worthy for martyrdom and
grants the believers victory over the disbelievers, as they then
become worthy of such victory.
The concept of debate:The Quran teaches us how to debate with our
enemies and how to present evidences. Many enemies of Islam use
debating in order to cast doubts and spread false information about
Islam. Allaah presents to us the following debate )whichmeans(:"Have
you not considered the one who argued with Ibraaheem about his Lord
]merely[ because Allaah had given him kingship? When Ibraaheem said:
'My Lord is The One Who gives life and causes death,' he said: 'I give
life and cause death'…"]Quran 2: 258[ This man then brought forth a
person and killed him, and then commanded that a man who was sentenced
to death be freed, demonstrating by this ridiculous example that he
had therefore grantedlife and caused death. Thereupon, Prophet
Ibraaheemthrew himanother challenge which stunned him; Allaah Says in
continuation of the same verse )what means(:"…Ibraaheem said: 'Allaah
brings up the sun from the east, so bring it up from the west.' So the
disbeliever was overwhelmed ]by astonishment[, and Allaah does not
guide the wrongdoing people."]Quran 2:258[
The concept of the reality of the worldly life and its value:The Quran
confirms the real value of this life and its reality and essence in
many verses; Allaah Says )what means(:"Whatever you have will end, but
what Allaah has is lasting…"]Quran 16: 96[ When one reads this, which
of the two would he naturally choose?
The concept of loyalty and disavowal:Loyalty to the believers is
manifested inthe saying of Allaah)which means(:"Let not believers take
disbelievers as allies ]i.e. supporters or protectors[ rather than
believers. And whoever ]of you[ does that has nothing ]i.e. no
association[ with Allaah…"]Quran 3: 28[ Would one befriend the
disbelievers after this? Would he support them? Would he feel
compassion towards them? Would he socialise with them? Would he join
forces with them against his Muslim brothers?
The concept of loving the Prophet:Loving the Prophetis not a mere
claim; Allaah Says )what means(:"Say, ]O Muhammad[: 'If you should
love Allaah, then follow me, ]so[ Allaah will love you…"]Quran 3: 31[
The claim of loving the Prophetis therefore not to be accepted from
one who acts in contradiction to his Sunnah. This concept is not clear
in the minds of many, who seem to believe that this love is merely a
claim while their conduct with their families, business partners and
so on, as well as their outward appearance opposes thatof the
Prophetwhich is a clear contradiction and misconception.
The concept of the comprehensiveness of Islam:Many people
erroneouslybelieve that adhering to the religion is satisfied bythe
limited performance of certain acts of worship, and that as soon as
they step out of the mosque for example, they can deal with othersin
any wicked way they choose. These people thereby rid themselves
oftheir religion, but Allaah refutes this attitude by saying )what
means(:"Righteousness is not that you turn your faces toward the east
or the west, but ]true[ righteousness is ]in[ one who believes in
Allaah, the Last Day, the angels, the Book, and the prophets and gives
wealth, in spite of love for it, to relatives, orphans, the needy, the
traveller, those who ask ]for help[, and for freeing slaves; and ]who[
establishes prayer and gives Zakaah; ]those who[ fulfil their promise
when they promise; and ]those who[ are patient in poverty and hardship
and during battle. Those are the ones who have been true, and it is
those who are the righteous."]Quran2: 177[
The concept of exposing the plans of the disbelievers:The disbelievers
endeavour to divert the Muslims from their religion and use extremely
evil methods in order to cause us to have doubts or misgivings towards
it; Allaah Says )what means(:"And a fraction of the People of the
Scripture say ]to each other[: 'Believe in that which was revealed to
the believers at the beginning of the day and reject it at its end
that perhaps they will return ]i.e. abandon their religion[.'"]Quran
3: 72[ Justlook at how evil their plan is! They would even pretend to
embrace Islamand then leave it so that people, including some
simpleminded Muslims, would think that there is a problem or defect
with the religion and therefore shun it, or at least develop
misgivings regarding it. The Quran exposes these people's plans so
that we can counter them.