Sharia and Islam, Dought & clear, - * Division of parents' estate between sons and daughters.

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Parental property is to be divide between 4 brother & one sister . What be the share of each one as shariat.
Praise be to Allaah.
If one parent has died, or both parents, and they have no heirs except four sons and one daughter, then the estate should be divided on the basis that each male takes the share of two females, i.e. the daughter will have one share and each of the sons will have two shares. So the estate should be divided into nine parts, of which the daughter will have one share and the eight remaining shares will be given to the four sons, each of them taking two shares. This should be done after taking out the expenses of preparing and shrouding the deceased, and paying off any dues he owed to Allaah or debts he owed to other people, and after fulfilling his bequests if he left any such instructions before he died.
The evidence for that is the verse in which Allaah says (interpretation of the meaning):
“Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; ... (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts”
[al-Nisa’ 4:11]
For example, if we assume that after shrouding the deceased, paying off his debts and fulfilling his bequests, the amount he left is 9000 for example, then the daughter will have 1000 and each of the males will have twice that, namely 2000.
But if there are other heirs as well as the children, such as the father of the deceased, or his mother or grandfather or grandmother, then each of them must be given their share, and the rest divided among the sons and daughter in the manner mentioned above.
Note: If one spouse died before the other, then the living spouse inherits from the deceased. In the case asked about here, the share of the husband if his wife dies before him is one-quarter. The wife’s share if her husband dies before her is one-eighth.
For the children who are left, the estate should be divided giving each male the share of two females, as mentioned above, after the surviving spouse has taken his or her share.

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- PUBLISHERNajimudeeN M

Sharia and Islam, Dought & clear, - * Is the woman who is divorced after consummation of the marriage...

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Last year I got married and was living with my husband in Kuwait due to health problem that arose after I came to Kuwait, my husband sent me to India for treatment and promised that his parents will take care of my medical expenses. After coming to India we found out I had a chronic illness and had to take medicine life long. This agitated my in-laws and they started abusing me and my parents verbally. Financially they refused to take care of me, so came back to my parent’s place for shelter. To My Husband they gave wrong information about me and my parents as if we ill treated them and created misunderstanding between me and my husband. Listening to his parents, he gave me three thalaq at the same time through a letter stating that due to my health reason he feels that I can’t conceive a normal child and not fit for proceeding married life. He was not willing to solve this issue by coming to India so I went to Kuwait to prove him my innocence. There with help of Islamic scholars and relatives we made him understand what he did was out of islam and unkind. Also with help of a doctor i made him understand that there is nothing serious about my illness and that I can conceive. But he was not willing to accept and denied me shelter to spend my hidda period with him. He gave me two options either to stay in In-law’s house or in my parent’s house and gave me just 80 dinar for maintenance during hidda period. He refused to pay for what my parents spent during my stay with them. Having faith that his mind will change, I came back and staying with my parents now. My Hidda period is going to get over. I don’t know what to do next? He has not changed and not even communication with me. My husband and his family has done injustice, acted unfairly and have spoiled my future by spreading all wrong things about me. As they are not willing to settle this issue in person, my relatives insist me to file a case through shariyath court (which is conducted in Chennai with help of town ghazi and with Muslim judges) or civil court as there is provision for claming maintenance amount. A girl’s life becomes uncertain due to this kind of thalak, so what islam say about this? Does islam ask husband to provide any compensation or maintenance after hidda period for a girl’s future? Can I seek the help of shariyath court or civil court? What is the meaning for kuraan aayath chapter: 2 versus: 241.
Praise be to Allaah.
Firstly:
If a man divorces his wife thrice in one go, such as if he says “You are divorced three times” or “you are thrice divorced” or he says it in separate words such as saying “You are divorced, divorced, divorced”, then it counts as one divorce according to the more correct opinion, and he may take her back so long as she is still within the ‘iddah period. Once the ‘iddah period has ended he cannot go back to her without a new marriage contract.
Secondly:
The revocably divorced woman (i.e., first or second talaaq) is entitled to maintenance during her ‘iddah, and it is not permissible to make her leave the house, because of the words of Allaah (interpretation of the meaning):
“And turn them not out of their (husband’s) homes nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allaah. And whosoever transgresses the set limits of Allaah, then indeed he has wronged himself. You (the one who divorces his wife) know not it may be that Allaah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce)”
[al-Talaaq 65:1].
Based on this, you are entitled to request the maintenance that your father spent on you during your ‘iddah, if what your husband gave you was not enough, and you can refer the matter to the sharee’ah court and make a claim there. If there is no sharee’ah court, and it is not possible to take your rights by advising your husband or through the intervention of good people, it is permissible to refer the matter to the civil courts, even though it is not proper to refer for judgement to man-made laws, but do not take more than you are entitled to, even if that is awarded to you by the courts.
Secondly:
Allaah says (interpretation of the meaning):
“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al‑Muttaqoon (the pious)”
[al-Baqarah 2:241]
This maintenance is obligatory in the case of a woman who is divorced before consummation, if she did not have a specified mahr at the time of the marriage contract, because Allaah says (interpretation of the meaning):
“There is no sin on you, if you divorce women while yet you have not touched (had sexual relation with) them, nor appointed unto them their Mahr (bridal-money given by the husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means, a gift of reasonable amount is a duty on the doers of good”
[al-Baqarah 2:236].
But if the divorce came after consummation, then maintenance is not obligatory according to the majority of fuqaha’, rather it is mustahabb.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was of the view that it is obligatory for all divorced women.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: Maintenance must be given to every divorced women, even after consummation. And he quoted as evidence for that the verse in which Allaah says (interpretation of the meaning):
“And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al‑Muttaqoon (the pious)”
[al-Baqarah 2:241]
“Divorced women” is general in meaning, and the entitlement is confirmed by the word “duty” [haqqan]. This is further confirmed by the words “on the pious”. This indicates that doing this is part of piety or fearing Allaah (taqwa), and fearing Allaah is obligatory. What the Shaykh [Ibn Taymiyah] said is a very strong argument if the marriage has lasted a long time, but if the man divorces her within a short period, then in that case we say:
Firstly: the woman’s relationship with the man has lasted only a short time
Secondly: The mahr she was given is still with her, because it was only given to her recently.
But if the marriage lasted for a year, or two years, or a few months, then in that case what Shaykh al-Islam (may Allaah have mercy on him) said is sound. This is a moderate view that falls in between two others which say that it is either mustahabb in all cases or obligatory in all cases. This is the correct view. End quote fromal-Sharh al-Mumti’(12/308).
Maintenance depends on the husband’s situation, whether he is rich and well off or poor and hard up. Allaah says (interpretation of the meaning):
“But bestow on them (a suitable gift), the rich according to his means, and the poor according to his means”
[al-Baqarah 2:236].
There is no specific, set amount in this case.
If a man divorces his wife, he should offer some consolation by giving her some money.
As for referring the claim to the husband’s relatives, we do not think that this will achieve anything for you. Refer their matter to Allaah, for He will requite each person for what he did.
You do not know what is best for you. Perhaps Allaah will bring you something good, as Allaah says (interpretation of the meaning):
“it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know”
[al-Baqarah 2:216]
Turn to Allaah and cling to Him, and delegate your affairs to Him, and do a lot of acts of worship. Allaah will not let His righteous slaves down.
We ask Allaah to heal you, grant you well being and decree good for you.
And Allaah knows best.

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- PUBLISHERNajimudeeN M

Trust (amaanah) in Islam, Dought & clear, - * Ruling on the worshipper doing the actions of prayer at the same time as the imam

I was praying behind the imam in Maghrib prayer, and when he rose from
bowing, I rushed to rise from bowing and I do not know whether I did
that at the same time as him or shortly after him. Hence I do not know
whether the prayer was valid or not, because I read on your website
that this is makrooh, as the Prophet (blessings and peace of Allah be
upon him) forbade that. But if the Prophet (blessings and peace of
Allah be upon him) forbade it, how can it be makrooh? Isn't it more
likely that it would be haraam? I hope that you can clarify.
Praise be to Allah
Firstly:
Your prayer is valid:
1 –
because bowing or prostrating at the same time as the imam is makrooh,
and it does not invalidate the prayer, as we have explained in fatwa
no. 33790.
2 –
what appears to be the case from what you say is that you were
following the imam, and you started to rise from bowing after the imam
began to rise, so you were still basically following him, and you did
not go ahead of him or do the act at the same time as him. Therefore
uncertainty in this case does not count for anything, because
certainty cannot be dispelled by uncertainty.
Secondly:
The basic principle with regard to things forbidden by the Messenger
of Allah (blessings and peace of Allah be upon him) is that they are
to be understood as meaning that the thing forbidden is haraam.
Ibn an-Najjaar (may Allah have mercy on him) said:
If it says that something is forbidden (in a text of the Qur'an or
Sunnah), then it is understood to be haraam according to the four
imams and others. Ash-Shaafa'i (may Allah have mercy on him)
emphatically rejected the view of those who say that it means it is
makrooh.
End quote fromSharh al-Kawkab al-Muneer(3/83)
This is applicable whether the prohibition is mentioned in the texts
of the Qur'an or in the texts of the Sunnah.
That is because Allah, may He be exalted, has emphasised that it is
obligatory to shun and refrain from that which the Prophet (blessings
and peace of Allah be upon him) forbids.
Allah, may He be exalted, says (interpretation of the meaning):
"And whatsoever the Messenger (Muhammad (blessings and peace of Allah
be upon him)) gives you, take it, and whatsoever he forbids you,
abstain (from it), and fear Allah. Verily, Allah is Severe in
punishment"
[al-Hashr 59:7].
That is because taking the fact that the Prophet (blessings and peace
of Allah be upon him) forbade something as proof that it is haraam is
the way of the believers, namely the Sahaabah and Taabi'een.
But the wording of something being forbidden may be regarded as
meaning that it is makrooh, and not haraam, if there is proof to that
effect. There may be many indications that the prohibition mentioned
in a text means that something is makrooh rather than haraam.
For more information, please see fatwa no. 184119
Thirdly:
With regard to the prohibition mentioned in the hadith of Abu
Hurayrah, in which it tells us that the Messenger of Allah (blessings
and peace of Allah be upon him) said: "The imam has only been
appointed to be followed, so when he says takbeer then say takbeer,
and do not say takbeer until after he has said takbeer; and when he
bows then bow, and do not bow until after he has bowed; … and when he
prostrates then prostrate, and do not prostrate until he has
prostrated…" Narrated by Abu Dawood (603); classed as saheeh by
al-Albaani inIrwa' al-Ghaleel(2/121)
Some of the scholars looked at the wording of the hadith and
understood the prohibition according to the basic principle, i.e.,
that it indicates that it is haraam. Hence they said: It is obligatory
to follow the imam, and it is haraam to go ahead of him, and it is
also haraam to do the actions at the same time as him.
Shaykh Muhammad ibn 'Ali ibn Adam al-Ethiopi said:
Al-'Allaamah ash-Shawkaani (may Allah have mercy on him) said,
commenting on the hadith of Abu Hurayrah (may Allah be pleased with
him), in which it says: "When he says takbeer then say takbeer":
This indicates that the worshipper who is praying behind the imam
should not start to say the takbeer until after the imam has finished
saying it. The same applies to bowing, rising from bowing, and
prostrating. This is also indicated by his words in the second report:
"Do not say takbeer, do not bow, and do not prostrate", and by all the
other reports which mention this prohibition or forbidding.
There was a difference of opinion concerning that, as to whether it is
obligatory or recommended. What appears to be the case is that it is
obligatory, without differentiating between the opening takbeer
(takbeerat al-ihram) and others. End quote.
Al-Jaami' said:
What ash-Shawkaani said about the command meaning that it is
obligatory is the view that was regarded as most likely to be correct
by as-San'aani in his'Iddah, vol. 2, p. 241. It is also more likely to
be correct in my view. So it is haraam for the worshipper to go ahead
of his imam, or do the actions at the same time as him, because the
clear prohibition mentioned above in the report of Abu Dawood
indicates that it is haraam. And Allah knows best.
End quote fromSharh Sunan an-Nasaa'i(10/112-113)
Most of the scholars said that the prohibition on doing actions of the
prayer at the same time as the imam indicates that it is only makrooh.
Ibn Qudaamah (may Allah have mercy on him) said:
What is recommended is for the worshipper to start doing the actions
of prayer, such as moving up and down, after the imam has done them,
and it is makrooh for him to do them with the imam, according to most
of the scholars.
End quote fromal-Mughni(2/208)
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
Doing the actions of prayer at the same time as the imam is makrooh,
and it was said that it is contrary to the Sunnah, but the more
correct view is that it is makrooh.
Examples of doing things at the same time as the imam include:
when the imam says "Allahu akbar" for rukoo' (bowing), and starts to
bow down, and you and the imam bow down at the same time. This is
makrooh because the Messenger (blessings and peace of Allah be upon
him) said: "When he bows then bow, and do not bow until he has bowed."
In the case of sujood (prostration), when the imam says takbeer for
prostration, and you prostrate and you and the imam reach the floor at
the same time. This is makrooh because the Messenger (blessings and
peace of Allah be upon him) said: "Do not prostrate until he (the
imam) has prostrated."
Al-Bara' ibn 'Aazib said: After the Prophet (blessings and peace of
Allah be upon him) said "Sami'a Allahu liman hamidah (Allah hears
those who praise Him)" [and we had all risen from bowing], not one of
us would bend his back (in order to prostrate] until the Prophet
(blessings and peace of Allah be upon him) went down in prostration,
then we would go down in prostration after him.
End quote fromash-Sharh al-Mumti'(4/189).
Perhaps the indication that the prohibition mentioned in the text –
concerning the one who does the actions of the prayer at the same time
as his imam – is makrooh and not haraam, in their view, is two things:
1.
That the Prophet (blessings and peace of Allah be upon him) denounced
in the strongest terms only the one who goes ahead of the imam.
It was narrated from Abu Hurayrah (may Allah be pleased with him) that
the Prophet (blessings and peace of Allah be upon him) said: "Does not
one of you fear, if he raises his head before the imam, that Allah may
turn his head into the head of a donkey, or that Allah may change his
form into the form of a donkey?" Narrated by al-Bukhaari (691) and
Muslim (427). No such stern denunciation came concerning doing the
actions of prayer at the same time as the imam, so the ruling thereon
is less strict.
Ibn al-Mulaqqin (may Allah have mercy on him) said:
The apparent meaning of the hadith indicates that it is haraam to go
ahead of the imam and the implicit meanings is that it is permissible
to do the actions of prayer at the same time as the imam. However,
there is no doubt that it is makrooh to do so, and it causes one to
miss out on the virtue of praying in congregation.
End quote fromal-I'laam bi Fawaa'id 'Umdat al-Ahkaam(2/552)
Some of the scholars objected to understanding this hadith as meaning
that it is permissible to do the actions of prayer at the same time as
the imam; rather when taken as a whole, the hadiths indicate that this
is not permissible.
Al-'Iraaqi (may Allah have mercy on him) said: The Prophet (blessings
and peace of Allah be upon him) said, in the hadith of Abu Hurayrah
that was narrated by Abu Dawood – "When he says takbeer then say
takbeer, and do not say takbeer until he has said takbeer"; and
concerning bowing: "Do not bow until he has bowed"; and concerning
prostration: "Do not prostrate until he has prostrated" – what this
additional material that was reported by Abu Dawood indicates is that
it is not possible that doing the actions with the imam could be
permissible
End quote fromTarh at-Tathreeb(2/330)
Ibn Hajar (may Allah have mercy on him) said:
Abu Dawood added: "and do not bow until he has bowed, and do not
prostrate until he has prostrated." This is a good addition, which
rules out the possibility that what was meant by his words "when he
says takbeer then say takbeer" was doing it at the same time as the
imam.
But this report of Abu Dawood clearly rules out doing these actions
before the imam or at the same time as him. And Allah knows best.
End quote fromFath al-Baari(2/179)
In'Umdat al-Qaari(5/217) it says:
The report of Abu Dawood clearly rules out doing any of (the actions
of prayer) before the imam or at the same time as him. End quote.
2.
Perhaps the majority regarded the reason for this prohibition as being
the fact that it is obligatory to follow the imam and not differ from
him, as is explained at the beginning of the hadith of Abu Hurayrah
quoted above. It was also narrated by al-Bukhaari (722) and Muslim
(414) as follows: The Prophet (blessings and peace of Allah be upon
him) said: "The imam is appointed to be followed, so do not differ
from him."
The precise meaning of being an imam is that the imam is to be ahead
of those who are praying behind him both in the place where he stands
and in his actions and words.
If a person bows at the same time as the imam, for example, even
though he has not properly followed the imam, he has not completely
abandoned the idea of following, which is in contrast to the case of
one who bows before the imam. The latter has done an action that is
diametrically opposed to following the imam.
Hence doing actions at the same time as the imam is makrooh because it
detracts from the proper meaning of following the imam, which is
required, but it is not entirely contrary to it, unlike doing actions
before the imam, which is haraam because it is entirely contrary to
the idea of following the imam, which is obligatory.
And Allah knows best.

Trust (amaanah) in Islam, Dought & clear, - * Ruling on avoiding eating meat during the first ten days of Muharram

My husband's family customarily avoid eating meat from the beginning
of Muharram until the tenth of the month, and they say that this was a
covenant that their forefathers took upon themselves, therefore each
one of them must adhere to this covenant. Is this permissible?
Praise be to Allah
Refraining from eating permissible things that Allah has allowed comes
under the heading of monasticism that was prohibited by Allah, may He
be exalted, and His Messenger. Shaykh al-Islam Ibn Taymiyah (may Allah
have mercy on him) said:
Monasticism means giving up things that are permissible, such as
marriage, eating meat, and so on. A group among the Sahaabah (may
Allah be pleased with them) thought of following some monastic
practices, but Allah, may He be exalted, sent down revelation
forbidding them to do that, as He said (interpretation of the
meaning):"O you who believe! Make not unlawful the Taiyibat (all that
is good as regards foods, things, deeds, beliefs, persons, etc.) which
Allah has made lawful to you, and transgress not. Verily, Allah does
not like the transgressors" [al-Maa'idah 5:87]. And it is proven
inas-Saheehaynthat there was a group of the Companions of the Prophet
(blessings and peace of Allah be upon him), one of whom said: As for
me, I will fast and never not fast. Another said: As for me, I will
pray qiyaam (voluntary prayers at night) and never sleep. Another
said: As for me, I will not marry women. Another said: As for me, I
will not eat meat. The Prophet (blessings and peace of Allah be upon
him) stood up to deliver a speech and said: What is the matter with
men of whom one says such and such? But I fast and do not fast, I pray
qiyaam and I sleep, I marry women, and I eat meat. Whoever turns away
from my Sunnah is not of me." The saheeh texts explain that
monasticism is an innovation and misguidance.
End quote fromal-Jawaab as-Saheeh(2/194-197)
To sum up: whoever seeks to worship Allah, may He be exalted, by
refraining from eating meat or from other permissible things on
specific days, this comes under the heading of prescribing religious
practice for which Allah has not given permission.
That applies whether this is due to a belief that these days have some
special characteristic that dictates refraining from eating meat,
or because one regards it as haraam or makrooh
or because of a belief that refraining from eating meat during these
days is obligatory or mustahabb
or because of a belief that one may draw closer to Allah by refraining
from eating meat or from other permissible things in a particular way.
All of that comes under the heading of innovations and misguidance for
which Allah has not given permission.
Ash-Shaatibi (may Allah have mercy on him) said:
Everyone who restricts himself from consuming that which Allah has
permitted, without a legitimate shar'i reason for doing so, has
diverged from the Sunnah of the Prophet (blessings and peace of Allah
be upon him), and the one who acts upon something other than the
Sunnah by way of a religious practice is essentially an innovator.
End quote fromal-I'tisaam(p. 59)
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Allah, may He be exalted, commanded mankind to worship Him alone and
not to associate anything with Him in worship, and to worship Him
according to what He prescribed; and He commanded that they should not
worship Him by any acts of worship other than that. Allah, may He be
exalted, says (interpretation of the meaning):
"So whoever hopes for the Meeting with his Lord, let him work
righteousness and associate none as a partner in the worship of his
Lord"
[al-Kahf 18:110]
"…that He might try you, which of you is the best in deeds"
[Hood 11:7].
With regard to the one who follows the path of asceticism and worship,
if he appears outwardly to be following Islamic teachings, but his
intention is to show off, gain a good reputation and gain people's
respect, then his good deeds are invalid and are not acceptable to
Allah. It is proven inas-Saheehthat Allah says: "I am the least in
need of a partner. Whoever does any deed in which he associates
someone else with Me, I disavow him and all of his deeds are for the
one whom he associated with Me." And in as-Saheeh it is narrated that
the Prophet (blessings and peace of Allah be upon him) said: "Whoever
talks about his good deeds (to show off), Allah will expose him (on
the Day of Resurrection), and whoever makes a (hypocritical) display,
Allah will make a display of him."
If he is sincere in his intention, but he worships Allah by doing acts
of worship other than those that are prescribed, such as one who
remains silent constantly, or stands in the sun or on the roof
constantly, or does not wear ordinary clothes, and always wears wool
or sackcloth, and the like, or covers his face, or refrains from
eating bread or milk, or drinking water, and so on – these acts of
worship are invalid and are to be rejected, as it is proven
inas-Saheehin a report from 'Aa'ishah that the Prophet (blessings and
peace of Allah be upon him) said: "Whoever introduces anything into
this matter of ours that is not part of it will have it rejected.
And it is proven from him inas-Saheehthat there was a group among his
Companions, one of whom said: As for me, I will fast and never not
fast. Another said: As for me, I will pray qiyaam (voluntary prayers
at night) and never sleep. Another said: As for me, I will not marry
women. Another said: As for me, I will not eat meat. The Prophet
(blessings and peace of Allah be upon him) stood up to deliver a
speech and said: What is the matter with men of whom one says such and
such? But I fast and do not fast, I pray qiyaam and I sleep, I marry
women and I eat meat. Whoever turns away from my Sunnah is not of me."
So this is the principle with regard to acts of worship, because
fasting and prayer are both acts of worship.
Refraining from eating meat or getting married is permissible in
principle, but when that went beyond the framework of the Sunnah and
the individual committed himself to more than is prescribed, or
committed himself to refraining from that which is permissible, as
monks do, the Prophet (blessings and peace of Allah be upon him)
disavowed those who do such things as having turned away from his
Sunnah towards something else, and he said: "There is no monasticism
in Islam."
End quote fromMajmoo' al-Fataawa(11/612-614)
Conclusion:
Having the custom of not eating meat during these days, in the manner
mentioned – whether that was based on a covenant with Allah, or with
other people, or with one's own self, or without any covenant – all
comes under the heading of innovation that is not permissible as a
means of drawing closer to Allah, may He be exalted, and it is not
permissible to obey one's parents and grandparents concerning that, or
to follow them in doing it.
And Allah knows best.