If a wealthy widow with children decides to remarry, can she put a
clause in the marriage contract saying that after her death only her
children will inherit from her and her new husband will give up
anyinheritance rights?
Praise be to Allaah.
The basic principle with regard to contracts and conditions is that
they are permissible and valid, and none of them are haraam or invalid
except that which is contrary to sharee'ah.
Stipulating that the husband should be deprived of inheriting inthe
event of the wife's death is a condition that is contrary to
sharee'ah, because it is cancelling out the right of the husband that
Allah granted him to a share of his wife's wealth in the event of her
death.
Al-Bukhaari and Muslim (1504) narrated from 'Aa'ishah (may Allah be
pleased with her) that she said: The Messenger of Allah (blessings and
peace of Allah be upon him) said: "What is the matter with people who
stipulate conditions that are not in the Book of Allaah? There is no
condition that is not in the Book of Allaah but it is invalid, even if
there are one hundred conditions. The Book of Allaah is more deserving
of being followed and the conditions of Allaah are more binding."
Al-Qurtubi (may Allah have mercy on him) said:
i.e., conditions that are not acceptable according to sharee'ah are
invalid even if they are many.
End quote from Fath al-Baari, 5/189
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Whoever stipulates conditions in a waqf, manumission, a gift, a sale,
a marriage contract, rental, vow andso on that is contrary to what
Allah has decreed for His slaves in that those conditions enjoin
something that Allah hasforbidden or forbid something that Allah
hasenjoined, or they permit something that He has prohibited or
prohibit something that He has permitted, then these conditions are
invalid according to the consensus of the Muslimsof all eras.
End quote from Majmoo'al-Fataawa, 31/28
He also said:
If a condition is contrary to the conditions of Allahand His
Messenger, it is invalid, such as if he stipulates that his son or his
relatives should not inherit from him, or that he should help him in
everything he wants andsupport him against everyone who opposes him
whether he is in the right or otherwise, or that he should obey him in
everything he tells him to do, and other such conditions.
And when such conditions are made, then one should fulfil the part of
it (the contract) that is in accordance with the commands of Allah and
His Messenger (blessings and peace of Allah be upon him), and he
should not fulfil the part that is contrary to that. This is agreed
upon among the Muslims.
End quote from Majmoo'al-Fataawa, 35/97
And Allah knows best.
--
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And Allah Knows the Best!
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Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
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Monday, December 10, 2012
Islamic Stories - The miracle at the spring of Tabuk
During the year of Tabuk, they went out with the Messenger of Allah
[PBUH=May Allah bless him and grant him Peace], and the Messenger of
Allah (PBUH) prayed Dhur and 'Asr together.
Then he said,"Tomorrow we will meet, Insha Allah, at the spring of
Tabuk. Do not go there until well into the morning. You shouldnot
touch the water until i arrive." We all agreed and, the day after, we
all gathered at the spring of Tabuk. But,when we got there, two men
had already reached it before us and the spring was dripping with very
little water.
The Messenger of Allah [PBUH] approached and asked them: "Did you
touche this water?" Theysaid: "Yes, we did.""Take water with your
hands from the spring little by little until you have collected a
small amount in something." When this was done, theMessenger of Allah
[PBUH] washed his face and hands on it. Then heput it back into the
spring and the spring began to flow with abundant water, and thepeople
began to draw water from it. Then he said [PBUH): "If you live long
enough, you will see this place full with gardens."
[PBUH=May Allah bless him and grant him Peace], and the Messenger of
Allah (PBUH) prayed Dhur and 'Asr together.
Then he said,"Tomorrow we will meet, Insha Allah, at the spring of
Tabuk. Do not go there until well into the morning. You shouldnot
touch the water until i arrive." We all agreed and, the day after, we
all gathered at the spring of Tabuk. But,when we got there, two men
had already reached it before us and the spring was dripping with very
little water.
The Messenger of Allah [PBUH] approached and asked them: "Did you
touche this water?" Theysaid: "Yes, we did.""Take water with your
hands from the spring little by little until you have collected a
small amount in something." When this was done, theMessenger of Allah
[PBUH] washed his face and hands on it. Then heput it back into the
spring and the spring began to flow with abundant water, and thepeople
began to draw water from it. Then he said [PBUH): "If you live long
enough, you will see this place full with gardens."
Islamic Stories - Standing firm in salat after being hit by arrows
Four years after the Hijrah [emigration of thefollowers of Islam from
Makkah to Medinah], in the city of Medinah, the Muslims were still in
danger due to the Jewish tribe, the Banu an-Nadir, who broke their
contract with the Prophet Muhammad [PBUH=May Allah bless him and grant
him peace].
Then the community received news that sometribes from the desert of
Najd were about to attack. So, the Prophet of Islam [PBUH] raised over
four hundred Muslims in order to prevent them from attacking.
Arriving at Najd, they found that only women were present in the
houses; the men had taken refuge in the hills.
Some of the Nadj tribes regrouped and preparedthemselves for the
fight. The time of 'Asr [the afternoon prayer] came, and the Muslims
divided in two, as it was revealed, and each group prayed after the
other. The ennemy, seeing the discipline among Muslims felt uneasiness
and fear. They did not attack. So, the Muslims went back to Medinah.
The Prophet of Allah [PBUH] asked:
"Who will be our guard tonight?" Two men immediatly rose: Abbad ibn
Bishr and Ammar ibnYasir. Abbad saw that Ammar was tired and asked
him: "What part ofthe night do you wish tosleep, the first or the
second?" "The first part,"said Ammar.
The night was serene. Everything seemed peaceful. Abbad decidedto
spend the night in Ibadah [acts of worship] while his companion was
asleep, and began reciting the Qur'an. Abbad soon stood and faced the
Qiblah in orderto perform Salaat [voluntary prayer]. He began reciting
Surah al-Kahf of one hundred and ten verses which explains the virtues
of faith, truth and patience and the passing of time.
While he was absorbed in recitation and in thought, an ennemy came
from the mountains of Najd and saw him vulnerable. The man drew his
bow and thew an arrow towards Abbad. Calmly, Abbad pulled the arrow
out and continued his meditation. The ennemy shot a second, then a
third arrow. Abbad pulled them out one by one, and finished his
recitation. Weak and in pain, at last, he stretchedout his right hand
during his prostration and awoke his companion Ammar."Glory be to
Allah! Why didn't you wake me up when the first arrow reached you?"
"Reciting the verses of the Qur'an filled me with such wonders that I
felt repugnance to cut it short. I would have preferred death rather
than stopping right in the middle of it." Abbad did not die this day;
he died as a shahid [a martyr], at the battle of Yamamah. He fought so
vehemently that his wounds made him almost not recognizable.He was a
true believer.
--
- - - - -
And Allah Knows the Best!
- - - - -
Published by :->
M NajimudeeN Bsc- INDIA
¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤
Makkah to Medinah], in the city of Medinah, the Muslims were still in
danger due to the Jewish tribe, the Banu an-Nadir, who broke their
contract with the Prophet Muhammad [PBUH=May Allah bless him and grant
him peace].
Then the community received news that sometribes from the desert of
Najd were about to attack. So, the Prophet of Islam [PBUH] raised over
four hundred Muslims in order to prevent them from attacking.
Arriving at Najd, they found that only women were present in the
houses; the men had taken refuge in the hills.
Some of the Nadj tribes regrouped and preparedthemselves for the
fight. The time of 'Asr [the afternoon prayer] came, and the Muslims
divided in two, as it was revealed, and each group prayed after the
other. The ennemy, seeing the discipline among Muslims felt uneasiness
and fear. They did not attack. So, the Muslims went back to Medinah.
The Prophet of Allah [PBUH] asked:
"Who will be our guard tonight?" Two men immediatly rose: Abbad ibn
Bishr and Ammar ibnYasir. Abbad saw that Ammar was tired and asked
him: "What part ofthe night do you wish tosleep, the first or the
second?" "The first part,"said Ammar.
The night was serene. Everything seemed peaceful. Abbad decidedto
spend the night in Ibadah [acts of worship] while his companion was
asleep, and began reciting the Qur'an. Abbad soon stood and faced the
Qiblah in orderto perform Salaat [voluntary prayer]. He began reciting
Surah al-Kahf of one hundred and ten verses which explains the virtues
of faith, truth and patience and the passing of time.
While he was absorbed in recitation and in thought, an ennemy came
from the mountains of Najd and saw him vulnerable. The man drew his
bow and thew an arrow towards Abbad. Calmly, Abbad pulled the arrow
out and continued his meditation. The ennemy shot a second, then a
third arrow. Abbad pulled them out one by one, and finished his
recitation. Weak and in pain, at last, he stretchedout his right hand
during his prostration and awoke his companion Ammar."Glory be to
Allah! Why didn't you wake me up when the first arrow reached you?"
"Reciting the verses of the Qur'an filled me with such wonders that I
felt repugnance to cut it short. I would have preferred death rather
than stopping right in the middle of it." Abbad did not die this day;
he died as a shahid [a martyr], at the battle of Yamamah. He fought so
vehemently that his wounds made him almost not recognizable.He was a
true believer.
--
- - - - -
And Allah Knows the Best!
- - - - -
Published by :->
M NajimudeeN Bsc- INDIA
¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤
Sunday, December 9, 2012
Dua's
1. When congratulating the bridegroom
-
Prophet (SAW)'s Prayers
Congratulating the bridegroom
Recite:
بَارَكَ اللَّهُ لَكَ وَبَارَكَ عَلَيْكُمَاوَجَمَعَ بَيْنَكُمَا فِي خَيْرٍ
"May Allah grant you Barakaat (blessings) and descend His blessings on
both of you and keep you united".
(Ahmed, Tirmidhi)*******************************************************
2. When the child begins to talk
-
Prophet (SAW)'s Prayers
When the child begins to talk
Recite:
لَا إِلَهَ إِلَّا اللَّهُ
and the following Ayah of the Qur'an first:
وَقُلِ الْحَمْدُ لِلَّهِ الَّذِي لَمْ يَتَّخِذْ وَلَدَاً وَلَمْ يَكُنْ
لَهُ شَرِيكٌ فِي الْمُلْكِ وَلَمْ يَكُنْلَهُ وَلِيٌّ مِنَ الذُّلِّ
وَكَبِّرْهُ تَكْبِيرَاً
"Say that All praise belongs to Allah who has no children nor any
partner in His ownership,nor any dependent, and in the proper manner
wemention His greatness".
(Hisnul Hasin)*******************************************************
3. When sighting the new moon
-
Prophet (SAW)'s Prayers
When sighting the new moon
Dua at the time of sighting the moon:
أَعُوذُ بِاللَّهِ مِنْ شَرِّ هَذَا
"I seek refuge in Allah from this (its) evil."
Dua when sighting the new moon:
اللَّهُمَّ أَهِلَّهُ عَلَيْنَا بِالْيُمْنِ وَالْإِيمَانِ
وَالسَّلَامَةِ وَالْإِسْلَامِ وَالتَّوْفِيقِ لِمَا تُحِبُّ وَتَرْضَى
رَبِّي وَرَبُّكَ اللَّهُ
"O Allah, let this moon (month) pass over us with blessings, Iman,
safety, and in the belief of Islam. Grant us the ability to act on the
actions that You love and Pleases You. (O moon) My Lord and Your Lord
is Allah".
(Hisnul Hasin from Ibn Habban)
-
Prophet (SAW)'s Prayers
Congratulating the bridegroom
Recite:
بَارَكَ اللَّهُ لَكَ وَبَارَكَ عَلَيْكُمَاوَجَمَعَ بَيْنَكُمَا فِي خَيْرٍ
"May Allah grant you Barakaat (blessings) and descend His blessings on
both of you and keep you united".
(Ahmed, Tirmidhi)*******************************************************
2. When the child begins to talk
-
Prophet (SAW)'s Prayers
When the child begins to talk
Recite:
لَا إِلَهَ إِلَّا اللَّهُ
and the following Ayah of the Qur'an first:
وَقُلِ الْحَمْدُ لِلَّهِ الَّذِي لَمْ يَتَّخِذْ وَلَدَاً وَلَمْ يَكُنْ
لَهُ شَرِيكٌ فِي الْمُلْكِ وَلَمْ يَكُنْلَهُ وَلِيٌّ مِنَ الذُّلِّ
وَكَبِّرْهُ تَكْبِيرَاً
"Say that All praise belongs to Allah who has no children nor any
partner in His ownership,nor any dependent, and in the proper manner
wemention His greatness".
(Hisnul Hasin)*******************************************************
3. When sighting the new moon
-
Prophet (SAW)'s Prayers
When sighting the new moon
Dua at the time of sighting the moon:
أَعُوذُ بِاللَّهِ مِنْ شَرِّ هَذَا
"I seek refuge in Allah from this (its) evil."
Dua when sighting the new moon:
اللَّهُمَّ أَهِلَّهُ عَلَيْنَا بِالْيُمْنِ وَالْإِيمَانِ
وَالسَّلَامَةِ وَالْإِسْلَامِ وَالتَّوْفِيقِ لِمَا تُحِبُّ وَتَرْضَى
رَبِّي وَرَبُّكَ اللَّهُ
"O Allah, let this moon (month) pass over us with blessings, Iman,
safety, and in the belief of Islam. Grant us the ability to act on the
actions that You love and Pleases You. (O moon) My Lord and Your Lord
is Allah".
(Hisnul Hasin from Ibn Habban)
--
- - - - -
And Allah Knows the Best!
- - - - -
Published by :->
M NajimudeeN Bsc- INDIA
¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤
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