Entering Makkah intending to perform `Umrah (lesser-Hajj) takesthe same ruling as that ofthe Makkans

Question
I live in Jeddah and have daughters who live in Makkah. Sometimes I
visitthem and stay in Makkah for a week or two. I am now in Makkah and
wantto perform 'Umrah so should I return to Jeddah to assume Ihraam or
just do the same as the people of Makkah?
Fatwa
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
isHis slave and Messenger.
If you want to assume Ihraam (ritual consecration) when you are in
Jeddah, then your Meeqaat (point at which the rites are initiated) is
the same town which you are in. This is based on the statement of the
Prophet as he explained the locations of the Meeqaats: "…And whoever
is living within these boundaries can assume Ihraam from the place
where he decides (to perform Hajj or 'Umrah)". [Al-Bukhaari & Muslim]
Thus, if you came to Makkah with no intention of performing 'Umrah or
came to it intending 'Umrah, stayed for some time and then wanted to
assume Ihraam for 'Umrah while still there, then the rulingof Ihraam
of the people of Makkah is applicable to you. Hence, you have to go to
a place outside the sacred precincts of Makkah, be it At-Tan'eem or
any other place, and assume Ihraam for 'Umrah from there. You do not
have to return to Jeddah because, in such acase as you mentioned, the
ruling of the people of Makkah applies to you.
Allaah Knows best.

Her parents sponsored the construction of her house on her husband’s land

Question
As-salamu-alaikum Mufti,Iam married without any issue,Alhamdulilah
having husband,both parents,3 siblings all married with issues,2
brothers and 1 sister.Recently my parents gifted me and has sponsered
construction cost on a portion of the site(land) which is on my
husband'sname,my question is what should i do so as myheirs can get
what gift/money my parents gave me & which belongsto me now, to be
distributed impartially according to sharia,in case of my death.
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
isHis slave and Messenger.
According to the preponderant opinion of the jurists the parents are
obliged to bejust between their children in gifting them, so they
should not favor some of them over the others without a valid reason.
For more benefit,please refer to Fatwa 119032 .
If we presume that there is a reason for you being favored over your
siblings, like your need for accommodation while your husband is
incapable of offering it, then this need can be fulfilled by renting
an accommodation, and there is no need to pay for the construction
costs. We have already issued Fataawa 94685 and 96941 clarifying this
issue.
Therefore, this gift is considered invalid unless all your siblings
agree to it or that the father gives each one of them the same like
it.
If the donor is unjust in gifting his children and he does not take
back the gift [from the person whom he had favored over others], then
the person who is favored should do so (i.e. give back the gift),
otherwise he would be sinful according to the opinion that it is an
obligation to give back the gift that was received unjustly.
To conclude, the construction costs which you mentioned are not
considered as your property except with the conditions that we have
mentioned to you, i.e. that your siblings should consent to it or that
they should be gifted the same like it.
If this is not achieved, then you should give back what your father
had given to you as construction costs, or that you make your siblings
co-owners of your share of the estate, in which case, all of you will
own it. Hence, your heirs will only get your share of it.
Allaah Knows best.

Can a Muslim fast and pray for the purpose of supplication?

The other question is can one go to the Al Haram to pray for one's
needs, e.g to pray for cure from sickness , to pray to have children
etc. Still can one fast for some days for the purpose of requesting
for one's needs from Allah for the reasons stated above? (i.e. to pray
for children etc).
Praise be to Allaah.
There is no reason why aMuslim should not pray in al-Masjid al-Haraam
for the purpose of supplication, but it is better for him not to
restrict his intention in the prayer to supplication. Rather his
intention should be to worship Allaah through this prayer and to hope
for its reward in the Hereafter. Moreover, prayer includes dhikr,
reciting Qur'aan, bowing, prostrating anddu'aa', so the du'aa' should
just be a part of the prayer; it is not the primary purpose. Al-Masjid
al-Haraam is one of the blessed and venerated places, so if a person
prays and calls upon Allaah whilst prostrating, for example – then he
will have combined the virtue of the place with the virtueof the
action. If this is done during the last third of the night, he will
also add the virtue of the time.
Shaykh al-Islam Ibn Taymiyah said:
With regard to the words of the Prophet (peace and blessings of Allaah
be upon him), "As for rukoo', glorify your Lord therein, and as for
sujood (prostration) strive in du'aa' therein, because then it is more
likely that you will be answered" (narrated by Muslim, 479, from the
hadeeth of Ibn 'Abbaas) – this contains the command to glorify Allaah
in rukoo', and the command to make du'aa' when prostrating indicates
that du'aa' in sujood is more likely to be answered than in rukoo'.
Hence he said, "because then it is more likely that you will be
answered". And he said, "The closest that the slave is to his Lord is
when he is prostrating." (Narrated by Muslim 482 from the hadeeth of
AbuHurayrah). This is a command that du'aa' should be made in sujood.
Majmoo' al-Fataawa, 22/378
And he said:
Du'aa' is answered whenrain is falling, when battle in joined, when
the adhaan and iqaamah are given, following prayers, when prostrating,
and when offered by one who is fasting, one who is travelling and one
who is oppressed, and so on. All of this is narrated in well-known
ahaadeeth in the books of Saheeh and Sunan. Du'aa' is also likely to
be answered in the sacred places such as'Arafah, Muzdalifah, Mina, the
Multazim and other sacred places in Makkah, and in the mosques in
general. The greater the virtue of the mosque – such as the three
Sacred Mosques [inMakkah, Madeenah and Jerusalem] – the better prayers
and du'aa's are in them.
Majmoo' al-Fataawa, 27/129-130
On the other hand it maybe said:
Doing righteous deeds in the hope that du'aa' will be answered is
something that is prescribed in sharee'ah. Hence doing wudoo' and
praying in al-Masjid al-Haraam may be included among the righteous
deeds that may be done before starting du'aa' in the hope that that
the du'aa'will be answered.
It was narrated from 'Uthmaan ibn Hunayf that a blind man came tothe
Prophet (S) and said:Pray to Allaah to heal me. He said, "If you
wish,you may delay the reward until the Hereafter, for that is better,
or if you wish, I will make du'aa' for you." He said, Make du'aa'. So
he told him to do wudoo' and do it well, and to pray two rak'ahs, and
to say this du'aa': "Allaahumma innias'aluka wa atawajjahu ilayka bi
Muhammadin Nabi al-rahmah. Yaa Muhammad inni qad tawajjahtu bika ila
rabbiy fi haajati haadhihi li tuqdaa. Allaahumma shaffi'hu fiyya (O
Allaah, I ask of You and I turn my face towards You by the virtue of
Muhammad theProphet of Mercy. O Muhammad, I have turned my face by
virtue of you to my Lord concerning this need of mine so that it may
be met. O Allaah, accept his intercession concerning me)."
Narrated by al-Tirmidhi, 3578; Ibn Maajah, 1385; this hadeeth was
classedas saheeh by al-Tirmidhi and by al-Albaani in Saheeh al-Jaami',
1279
The Prophet (peace and blessings of Allaah be upon him) commanded him
to do wudoo' and pray two rak'ahs before he made du'aa'; this
indicates that prayer is one of the righteous deeds by virtue of
whicha person's du'aa' may bemore likely to be answered, and that may
be one of the causes of the du'aa' being answered.
With regard to fasting, what has been said with regard to prayer may
also be said with regard to fasting. The intention behind it should be
to worship Allaah by meansof this great act of worship, and to attain
the reward for it in the Hereafter, and to fear Allaah and earn His
pleasure. Then if he is fasting, it is mustahabb for the fasting
person to make a lot of du'aa', for the du'aa' of the fasting person
will be answered, especially at the time of breaking the fast.
And Allaah knows best.

Guidance is in the hand of Allaah

How can we reconcile between the aayahs (interpretation of the
meanings): "Verily, you (O Muhammad) guide not whom you like"
[al-Qasas 28:56] and "And verily, you (O Muhammad) are indeed guiding
(mankind) to the Straight Path"[al-Shooraa 42:52]?
Praise be to Allaah.
Allaah has created man and given him reason, and He has sent down
tohim Revelation and sent to him Messengers to callhim to the truth
and warn him against falsehood. Then He has left him to make his
ownchoice.
"And say: 'The truth is from your Lord.' Then whosoever wills, let him
believe; and whosoever wills, let him disbelieve
[al-Kahf 18:29 – interpretation of the meaning]
Allaah commanded His Messenger Muhammad (peace and blessings of Allaah
be upon him) to convey the truth to all ofmankind. Then they have the
choice to do as they wish. If a person obeys, he benefits himself, and
if he disobeys, he harms himself, as Allaah says (interpretation of
the meaning):
"Say: 'O you mankind! Now truth (i.e. the Qur'aan and Prophet
Muhammad), has come to you from your Lord. So whosoever receives
guidance, he does so for the good of his own self;and whosoever goes
astray, he does so to his own loss; and I am not (set) over you as a
Wakeel (disposer of affairs to oblige you for guidance)'"[Yoonus
10:108]
Islam is the religion of the natural state of man (fitrah), the
religion of reason and thought. Allaah has distinguished the truth
from falsehood. He has enjoined all that is good and forbidden all
that is evil. He has permitted good things and forbidden evil things.
There is no compulsion in religion because the benefits or harms come
back upon the created being, not upon the Creator. Allaah says
(interpretation of the meaning):
"There is no compulsion in religion. Verily, the Right Path has become
distinct from the wrong path. Whoever disbelieves in Taaghoot (false
gods) and believesin Allaah, then he has grasped the most trustworthy
handhold that will never break"
[al-Baqarah 2:256]
And Allaah says (interpretation of the meaning):
"Whosoever does righteous good deed, it is for (the benefit of) his
ownself; and whosoever does evil, it is against hisownself. And your
Lord is not at all unjust to (His) slaves"[Fussilat 41:46]
Guidance is in the hand of Allaah. If Allaah willed,He could guide all
of mankind, for there is nothing that He cannot do on this earth or in
theheavens. Nothing happens in His Dominionexcept that which He wills.
"Say: 'With Allaah is the perfect proof and argument, (i.e. the
Oneness of Allaah, the sending of His Messengers and His Holy Books,
to mankind); had He so willed, He would indeed have guided you
all'"[al-An'aam 6:149 – interpretation of the meaning]
But in His Wisdom, Allaahhas created us with the ability to choose,
and He has sent down to us guidance and the Criterion. So whoever
obeys Allaah and His Messenger will enter Paradise and whoever
disobeys Allaah and His Messenger will enter Hell, as Allaah says
(interpretation of the meaning):
"Verily, proofs have come to you from your Lord, so whosoever
sees,will do so for (the good of) his ownself, and whosoever blinds
himself, will do so to his own harm, and I (Muhammad) am not a watcher
over you"[al-An'aam 6:104]
The Messenger (peace and blessings of Allaah be upon him) has no part
in guidance; all thathe and the Muslims have to do is to explain and
convey the message, andshow them guidance butthey cannot force
peopleto follow it, as Allaah said to His Messenger (peace and
blessings of Allaah be upon him) (interpretation of the meaning):
"And had your Lord willed, those on earth would have believed, all of
them together. So, will you (O Muhammad) then compel mankind, until
they become believers"[Yoonus 10:99]
And Allaah says (interpretation of the meaning):
"And the duty of the Messenger is only to convey (the Message)
plainly"[al-'Ankaboot 29:18]
Guidance to the truth is in the hand of Allaah alone and no human
being has any share in that, as Allaah said to His Messenger (peace
and blessings of Allaah be upon him) (interpretation of the meaning):
"Verily, you (O Muhammad) guide not whom you like, but Allaah guides
whom He wills. And He knows best those who are the guided[al-Qasas
28:56]
Allaah guides whomsoever He wills and sends astray whomsoever He
wills. Hehas told us that He guides those who obey Him and turn to
Him, as He says (interpretation of the meaning):
"While as for those who accept guidance, He increases their guidance
and bestows on them their piety"[Muhammad 47:17]
But whoever disobeys Allaah and turns away from Him, Allaah will not
guide him, as He says (interpretation of the meaning):
"Truly, Allaah guides not him who is a liar, and a disbeliever"
[al-Zumar 39:3]
Allaah is Omniscient and knows what has happened and is happening and
what is yet to come. Allaah knows the believers and the disbelievers,
and what they will do, and He knows what their fate will be in the
Hereafter. He has writtenall that in al-Lawh al-Mahfooz (the Preserved
Tablet), as He says (interpretation of the meaning):
"And all things We have recorded in a Book"[al-Naba' 78:29]
Allaah has created man with the ability to choose, and He has created
him able to do both, either believer or disbelieve, as He says
(interpretation of the meaning):
"Verily, We showed him the way, whether he be grateful or
ungrateful"[al-Insaan 76:3]
Man has the choice in terms of his reason only; if he loses his reason
by which he is able to distinguish between the alternatives of good
andevil, truth and falsehood,then he is not accountable. Hence
according to Islamic sharee'ah, the pen is lifted from the insane
person (i.e., he is not accountable) until he recovers his senses, and
from the child until he reaches the age of understanding, and from the
sleeper until hewakes up. None of these people are accountable until
they gain or recover the reason by which they may distinguish between
the alternatives of faith and disbelief, truth and falsehood, and so
on.
Whatever direction a person takes, there will be reward and
punishment, If he obeys, there will be Paradise:
"Indeed he succeeds who purifies his ownself(i.e. obeys and performs
all that Allaah ordered, by following the true Faith of Islamic
Monotheism and by doing righteous good deeds"
[al-Shams 91:9 – interpretation of the meaning]
and if he disobeys, therewill be Hell:
"And indeed he fails who corrupts his ownself (i.e. disobeys what
Allaah has ordered by rejecting the true Faith of Islamic Monotheism
or by following polytheism, or by doing every kind of evil wicked
deeds" [al-Shams 91:10 – interpretation of the meaning]
The choice of one of these two ways is something about which a person
will be questioned by the Lord of the Worlds. Hence it isclear that
faith or disbelief, obedience or disobedience, is the matter of
personal choice. Allaah has made reward and punishment dependent upon
this choice:
"Whosoever does righteous good deed, it is for (the benefit of) his
ownself; and whosoever does evil, it is against hisownself. And your
Lord is not at all unjust to (His) slaves"[Fussilat 41:46]
Whoever loves Allaah and His Messenger and desires good in this world
and in the Hereafter, let him enter Islam, and whoever turns away from
that and is content with this world and has no interest in the
Hereafter and does not submit, then his abode will be Hell. The
individual is theone who will benefit or harm himself. There is no
compulsion to chooseeither. Allaah says (interpretation of the
meaning):
"Verily, this (Verses of the Qur'aan) is an admonition, so whosoever
wills, let him take a Path to his Lord (Allaah)"
[al-Insaan 76:29]
From Usool al-Deen al-Islami by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri