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Tuesday, July 31, 2012

He divorced his wife irrevocably then died during her ‘iddah

There is a man who divorced his wife irrevocably and he died during
her 'iddah. What is her 'iddah? Does she inherit from him?.
Praise be to Allaah.
If a man divorced his wife irrevocably when he was healthy, then he
died during her 'iddah, she should complete the 'iddah of divorce, not
the 'iddah of one whose husband has died. She does not inherit from
him and she should not observe mourning for him.
For more details of that, please see the answer to question no. 111905
. See also al-Mawsoo'ah al-Fiqhiyyah, 29/325
Shaykh Ibn 'Uthaymeen (may Allah have mercy onhim) was asked: If the
husband dies, having divorced his wife irrevocably, during the time of
the 'iddah, should she observe mourning for him?
He replied: The correct view is that she should observe the 'iddah of
her divorce, not the 'iddah of one whose husband has died, and she
should not observe mourning for him.
If the divorce occurred during his final illness but he died, then she
inherits from him, but she should not observe mourning for him,
because her inheritance in this case is not because she was his wife,
but because he wanted to deprive her of it, so he is to be punished by
having his plan thwarted. Hence if she died during the 'iddah, he does
not inherit from her.

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Is it permissible for a group of girls to stay overnight in the mosque (“sleepover”)?

I live in Denmark, we have a kinda of musalah or a majid in a lokal
town and my question is about,can girls overnight in the majid without
a muhram. The reason these girls are overnighting in majid is, to
spend time with each other and to speak about islamic things and
benefit each other. Though they are sleeping there without a muhram
they have permission from their parents/muhrams. And this
majid/musalah is saparated from the mens majid but they are still
close.(so they can be heard if they are to load or they can be seen of
themen just come in their side on purpose).
Praise be to Allaah.
Islam does not stipulate that a woman should have a mahram with her
except in the case of travel. If she wants to go to the mosque or the
marketplace or to visit a neighbour or relative, andthe place is
nearby and the one who goes there isnot regarded as being a traveller,
then there is nothing wrong with her going there on her own without a
mahram. But it is stipulated that the place should be safe, so the
route should be safe with no danger to her as she comes and goes.
If the route is safe and thegirl can reach the mosque,there is nothing
wrong with her meeting with her sisters to do some communal actions
such asseeking knowledge, or individual actions such as reading
Qur'aan and praying. As for staying overnight in the mosque with her
friends and sisters, it is permissible in principle if the women's
prayer space is secure andsafe from men entering it or from the
foolish trying to overstep the mark withthem. That is a matter to be
weighed up by the people in charge of the mosque, namely the
administration, the imam and the committee that looks after it, as
well as parents. Every environment has its own rulings. The most
important thing is that the girls should be safe from men entering
upon them and the foolish trying to overstep the mark with them. It is
preferable for there to be someone who can take charge and take care
of them, such as a woman who is a seeker of knowledge (taalibat 'ilm),
so that no fitnah will result from their gathering and so as to make
sure they behave themselves in accordance with Islamic guidelines and
do not waste their time.
Shaykh Muhammad ibn Saalih al-'Uthaymeen (may Allah have mercy onhim)
said: Women may observe i'tikaaf so long as no fitnah results from
their doing so. If it will result in fitnah, then they should not be
allowed to do that, because if something that is mustahabb will result
in something that is forbidden, it must be prevented, just as if
something that is permitted will result in something that is
forbidden, it must be prevented…
… But it may be said: Howcan (a woman) observe i'tikaaf in a mosque in
which prayers in congregation are not held? Is that not a source of
fitnah?
The response is that it may or may not be so. This mosque may be safe
and secure, and no one enters it, so there is no fear of fitnah for
the women if they observe i'tikaaf there. Or it may bethe opposite.
The point is that if fitnah will occur, the women should not beallowed
to observe i'tikaaf, no matter which mosque it is.
End quote from ash-Sharhal-Mumti' Zaad al-Mustaqni', 6/510, 511
It is not permissible for women to raise their voices to the extent
that they may be heard by men. If women are forbidden to say tasbeeh
("Subhaan Allah") to alert the imam if he makes a mistake in the
prayer, andthey are forbidden to givethe adhaan (call to prayer), lead
the prayer and deliver the khutbah (sermon), all of which involve
dhikr or remembrance of Allah, then it is more appropriate that they
be forbidden to raise their voices in other kinds of speech.
Ibn Hajar (may Allah have mercy on him) Women are forbidden to say
tasbeeh (to alert the imam to a mistake in the prayer) because they
are enjoined to lower their voices in prayer in general, because of
the fear of temptation (fitnah).
End quote from Fath al-Baari, 3/77. See also theanswers to questions
no. 9279 and 39186
This is as far as the shar'i ruling is concerned. However we do not
advise staying over in the mosque for the purpose mentioned; we think
that it is sufficient for the girls to spend the day there, whether
that is studying together or worshipping together, then they should go
back to their homes at night.
We ask Allah to protect them, take care of them and help them to do
that which pleases Him.And Allah knows best.

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A girl gave him a silver bracelet, then he repented from his relationship with her. What should he do with the bracelet?

In Jahiliya, before Allah has guided me to the right path, my
girlfriend gifted me a silver bracelet.I had promised her that I will
not remove the bracelet from my hand. Now I stopped her relationship
for the sake of Allah. Recently I came to know that wearing silver
bracelet is haraam. Idont know what to do now.
1) Should I break the promise and remove the bracelet? or
2) I cannot return it to herIm not in touch. So, can I sell it if I
should not use it anymore? or
3) What should I do with the money If I can sell it?.
Praise be to Allaah.
Firstly:
It is haraam for you to wear this bracelet, because bracelets are
jewellery for women, whether they are made ofgold, silver or anything
else. So it is not permissible for men to wear them. Rather it is
permissible for them to wear rings of silver.
See the answer to question no. 1980 and 148059
Secondly:
If a person makes a promise to someone to do something haraam or not
do something obligatory, it is not permissible for him to fulfil his
promise.
It is not permissible for you to fulfil your promise to her to wear
the bracelet and never take it off, because it is a promiseto do
something haraam.
If a vow to commit sin should not be fulfilled, and in fact is not
permissible according to the consensus of the Muslims, as Ibn Qudaamah
(may Allah have mercy on him) said in al-Mughni (10/69), thenit is
even more appropriate to say that a promise to do something haraam
should not be fulfilled either.
Please see the answer to question no. 30861
Secondly:
Gifts are of two types:
(i)
Those that are purely giftsand are given as a token of respect or
friendship. These become the property of the recipient and it is not
permissible for the giver to take themback.
(ii)
Gifts given with the intention of getting something in return from the
recipient, which the fuqaha' call "gifts for which there is the hope
ofrecompense or reward". In this case, the giver maytake his gift back
if he does not get what he wanted.
Based on that, if this girl gave you the bracelet so that you would
carry on your relationship with her, and you ended the relationship,
it is permissible for her to takeback her gift. If she does not come
to you concerning it and does not ask for it, then there isno blame on
you and you do not have to give it back to her; you could give it to a
woman to wear if it is suitable for women, or you could sell it to a
jeweller or give it to him to make rings for men or jewellery that is
suitable for women.
And Allah knows best.

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1a] Why do we count the age of Islam from the beginning of the Hijrah and not from the beginning of the revelation and the call?

1a]
to start the calendar from the Hijrah, because in the case of his birth and the start of his mission, there would be uncertainty withregard to the exact year. As for the time of his death, they chose not to use it because remembering it would renew their grief. So there was no choice left except the Hijrah. And they chose to regard Muharram as thefirst month of the year rather than Rabee‘ al-Awwal because the planto migrate started to take shape in Muharram. The oath of allegiance (bay‘ah) – that was the precursor tothe Hijrah – had taken place during Dhu’l-Hijjah, and the first new moon after the oath of allegianceand the decision to migrate was that of Muharram. So it was appropriate to make it the first month of the year. This is the best explanation I have come across as to why the year starts with Muharram.
Al-Haakim narrated that Sa‘eed ibn al-Musayyab said: ‘Umar assembled the people and asked them what the first day of the calendar should be. ‘Ali said: (It should start) from the day when the Messenger of Allah (blessings and peace of Allah be upon him) migrated and left the land of shirk. So ‘Umar did that. End quote.
The one who says that the age of Islam started with the Hijrah is referring to the calendar and what the people agreed upon of creating a system so that people could know the dates of events and define the times of contracts, the dates of visits by delegations, and the like. This is something on which the people agreed during the caliphate of ‘Umar (may Allah be pleased with him) and it has remained so up until the present day. The start of this calendar marks, as ‘Umar intended, the establishment of the (Islamic) state, which only began with the Hijrah.
As for the beginning of Islam itself and people’s awareness of it, we do not need to point out that this took place before that time. Indeed the meaning of the word Islam in general includes the religion that Allah approved for His slaves and with which He sent HisProphets and Messengers. But this is not what we arediscussing here.
We do not believe that anyone could imagine thatIslam only began with the Hijrah and ignore the yearsof da‘wah during which the Prophet (blessings andpeace of Allah be upon him) and those who were with him in Makkah stroveto establish the faith. No one would say this.
And Allah knows best.
/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en