Dought & clear,- Ruling on khul‘ during menses; should the menstrual cycle during which the khul‘ occurredbe counted?.

I was given a 2nd talaaq by my husband in January after I came off my
menstrual cycle. I then started my iddah period. I did not have
another cycle until March and then not again until last week. I spoke
to an imam about my situation as my husband has been abusive and
oppressive since the start of our marriage and advised I seek a khula,
which my husband agreed to. I am confused because I was on my menses
when he released me by khul and I was already going through my iddah
from his talaaq. What is the status of my divorce? This is very
stressful for me and I do not know what I am doing.
Praise be to Allah.
Firstly:
When a woman's husband divorces her (talaaq), she should count three
menstrual cycles if she is one of those who menstruate and she is not
pregnant, according to scholarly consensus, because Allah, may He be
exalted,says (interpretation of the meaning):
"And divorced women shall wait (as regards their marriage) for
threemenstrual periods"
[al-Baqarah 2:228].
But if the separation occurs as the result of something other than
talaaq, such as khul' or annulment of the marriage, then she should
observe 'iddah for one menstrual cycle, according to the correct
scholarly view. This has been discussed previously in the answerto
question no. 5163.
Secondly:
If a man divorces his wife (by talaaq), and during her 'iddah she asks
for khul' and he responds to her request, it is valid, because she is
still his wife.
Ibn Qudaamah (may Allah have mercy on him) said: The woman who is
revocably divorced (first or second talaaq) is still a wife and a
subsequent talaaq (divorce), zihaar (a jaahili form of divorce inwhich
the husband says to his wife, 'You are to me like my mother's back'),
eela' (an oath notto have sexual relations with one's wife) and li'aan
(a procedure in which the husband formally accuses his wifeof adultery
and she formally denies the charge, and each invokes the curse of
Allah upon him or herself if he or she is lying) are all valid; and
one of them may inherit from the other, according to scholarly
consensus; and if he separates from her by means of khul', his khul'
is valid.
End quote from al-Mughni, 7/400
The khul' is valid even if she is menstruating, because khul'can only
occur at the request of the wife because of what she is faced with
ofbad treatment on the husband's part. So it is permissible for it to
occur at the time of menses in order to put an end to harm (caused by
the husband's mistreatment).
Ibn Qudaamah (may Allah have mercy on him) said: There is nothing
wrong with khul' at the time of menses or during a period of purity in
which the husband has had intercourse with her. The prohibition on
talaaq at the time of menses is because of theharm that may affect
thewife due to making the 'iddah longer. But khul' is for the purpose
of putting an end to harm that she is suffering because of bad
treatment and staying with one whom she hates and resents, whichis
greater than the harm caused by making the 'iddah longer. So it is
permissible to ward off the greater harm by means of the lesser. Hence
the Prophet (blessings and peace of Allah be upon him) did not ask the
woman who separated from her husband by means of khul' about her
situation, because the khul' that could lead to making the 'iddah
longer happened at her request, which indicates that she gave her
consent and proves that it was in her interests. End quote from
al-Mughni, 7/247
Al-Baghawi (may Allah have mercy on him) said:Khul' at the time of
menses or during a period of purity in which the husband has had
intercourse with heris not bid'ah (an innovation), because theProphet
(blessings and peace of Allah be upon him) gave permission to Thaabit
ibn Qays to separate from his wife by means of khul' without knowing
about her situation (regarding menses etc). Were it not that it is
permissible in all circumstances, he would probably have asked about
her situation.
End quote from Ma'aalimat-Tanzeel, 8/148
It says in al-Mawsoo'ah al-Fiqhiyyah, 8/326: The majority of fuqaha' –
Hanafis, Shaafa'is and Hanbalis – are of the view that khul' at the
time of menses is permissible, because of the general meaning of the
words of Allah, may He be exalted (interpretation of the meaning):
"then there is no sin on either of them if she gives back (the Mahr or
a part of it) for her Al-Khul' (divorce)" [al-Baqarah 2:229].
And because she has a need to put an end to her suffering by
separating from her husband, as she is offering to give up wealth for
that purpose.
The Maalikis, according to their well-known opinion, are of the view
that khul' is not allowed during the woman's period. End quote.
See also Badaa'i' as-Sanaa'i', 3/96; at-Taaj wa'l-Ikleel Sharh
Mukhtasar Khaleel, 5/304; Mughni al-Muhtaaj, 4/498
Once it is established that khul' at the time of menses is
permissible, the woman who has been divorced by means of khul' does
not finish her 'iddah when she becomes pure from the menstrual period
duringwhich the khul' occurred. Rather she must go through another
menstrual cycle, then become pure and do ghusl; then her 'iddah will
have ended, because the period during which the khul' occurred was not
a complete menstrual cycle, and 'iddah has to be a complete
menstrualcycle.
Ibn Qudaamah (may Allah have mercy on him) said: The menstrual cycle
during which she was divorced (talaaq) does not count as part ofher
'iddah, and there is no difference of opinionamong the scholars
concerning that, because Allah, may He beexalted, has commandedthat
she wait for three menstrual cycles, so it includes three complete
cycles; the cycle during which she was divorced does not count because
it is only part of a cycle. End quote.
And Allah knows best.

Dought & clear,- Ruling on distributing leaflets and pamphlets that contain Qur’anic verses for da‘wah purposes to non-Muslims.

My question is regardingdistributing leaflets/pamphlets for dawah
purposes that contain Quranic verses. Itis likely that many of them
will end up on the streets or bins after being distributed. Isnt this
wrong and should this discourage us givingout such material? Also, is
this ok, considering that the targeted recipients are non-muslims who
are impure?
Praise be to Allah.
Firstly:
Distributing leaflets and pamphlets for da'wah purposes is a good deed
and is calling people to Allah. It is something from which many
peoplebenefit, especially non-Muslims. It is a means of spreading the
religion of Allah, establishing proof for them and leaving no excuse
for them, and conveying to them the message of their Lord. But this
work should be done in a thoughtful manner, following guidelines and
methods through which the aim may be achieved in an appropriate manner
without going against the rulings of Islam.
Secondly:
Leaflets and pamphlets for da'wah purposes that contain Qur'anic
verses do not come under the same rulings as the Mushaf, and the one
who touches them cannot be said to have touched the Mushaf, because
the Qur'anic material in them is mixed with other material. So they
come under the same ruling asthe ruling on books of fiqh, tafseer and
the like,and it is permissible for a non-believer or one who is in a
state of impurity to touch them.
Ibn Qudaamah (may Allah have mercy on him) said:
With regard to the verse that the Prophet (blessings and peace of
Allah be upon him) wrote – i.e., to Heraclius – his intention thereby
was to correspond, and a verse in a letter or a book of fiqh and the
likedoes not come under theprohibition on touching it, and the book or
letterdoes not become a Mushaf.
End quote from al-Mughni, 1/109
Shaykh Ibn Baaz (may Allah have mercy on him) said:
Some of the scholars are of the view that it is permissible for a
non-believer to touch the Mushaf if there is thehope that he will
become a Muslim. They quoted as evidence for that the fact that the
Prophet (blessings and peace of Allah be upon him) wrote to Heraclius,
the ruler of Byzantium, (a letter containing) the verse in which
Allah, may He be glorified and exalted, says (interpretation of the
meaning): "Say (O Muhammad SAW): 'O people of the Scripture (Jews and
Christians): Come to a word that is just between us and you" [Aal
'Imraan 3:64]. They said: This verse is a verse of the Book of Allah
that he wrote to Heraclius. But the correctview is that this is not
proof; rather it only indicates that it is permissible to write one or
two verses of the Book of Allah. As for handing over the entire Mushaf
(to a non-Muslim), it is not proven that the Prophet (blessings and
peace of Allah be upon him) did that.
End quote from Majmoo'Fataawa Ibn Baaz, 24/340-341
Thirdly:
If these books or leaflets are translated into another language,
otherthan Arabic, then the matter is easier. It does not matter if the
non-believer touches a translation of the meanings of the Holy Qur'an
into a language other than Arabic, even if it is a translation of an
entire soorah, because the translation is an interpretation of the
meanings of the Qur'an, and it does not come under the same rulings as
the Qur'an. The non-believer is not forbidden to touch books of
tafseer or Islamic knowledge, unless he is doing so by way of
mishandling them or showing disrespect. See the answer to question no.
119323 .
To sum up:
There is nothing wrong with distributing these leaflets and pamphlets
for da'wah purposes, even if they contain some verses of the Holy
Qur'an or hadeeths of the Prophet (blessings and peace of Allah be
upon him), and there is nothing wrong with allowing the non-believer
to touch them and read them, because of the great interests that are
served by that, of acquainting him with the religion of Allah, and
establishing proof for him and leaving him with no excuse by conveying
the message. The interests ofconveying the message to him in the hope
that he might become Muslimtake precedence over the possible negative
consequences of allowing him to touch them and handle them.
Disallowing the printing of these books and leaflets that are aimed
atnon-Muslims would cancel out a great deal of good and impose
restrictions on the means of calling non-Muslims to Allah.
With regard to throwingthese leaflets into the trash, it is not
permissible according toIslam, but it is only haraam for the one who
does that action himself. As for the one who prints and distributes
these leaflets and spendson that, he will have (thereward of) his good
deeds and is not responsible for the actions of others.

If it is possible to write on them a request not tothrow them on the
ground or the like, or asking the reader to leave them in an
appropriate place, that would be a good idea.

And Allah knows best.

The creation is in need for Allaah

Man always looks for what benefits him and what protects him from
harm. However, to accomplish this, man must be able to realize what is
harmful. He must then know whom he should need, trust, and love so
that he can attain what is beneficial as well as to feel good about
his choice.
He also must know the proper and good approach that would make him
achieve this goal. This latter conditionrequires that man:
1.Know about harm
2.What ways can be used to drive harm away?
Certainly, man can have no better guidance than that which comes from
the One Who had perfected everything, and the One who Has no
deficiency in Himself and in His Attributes. The One Who is
Ever-Living and Who does not die. There can be no One better than the
One Who Has no need for anything; the One Who is rich; the Giver; the
One who, after all, controls man's soul. Man is so poor to Him. He is
Allaah, the True and only God. Man can bring harm to himself if he
seeks other than Allaah for help. Allaah is the OneWho can help man
drive away any harm for it cannot occur without His Will and His
Power.
Allaah Almighty sent down His Books and chose His Messengers to guide man to:
1. Know His Lord as He Almighty had explained about Himself, and
2. Seek Him Alone while living in accordance withHis plan
Knowing Allaah's Names and Attributes liberates man from worshiping
any form of creation because creation is weak and is in need of The
Creator, Allaah. The knowledge about Allaah leads man to know that he
is created to live according to Allaah's wayas revealed to His
Messengers may Allaah exalt their mention the final of whom was
Messenger Muhammad .
This Revelation contains a complete code of life. Everything that is
beneficial or harmful is established so that man can center his life
aroundthis Revelation. If man commits wrong and knows that Allaah is
Oft-Forgiving he would turn to Him, and to Him alone, seeking His
forgiveness; Allaah Says (what means): "Know, therefore, that there is
no God Who deserves to be worshiped except Allaah; and ask forgiveness
for your sins." [Quran 47:19]
It is wrong to think or believe that Allaah created other 'gods'
besides Him so that man turns to them for help; loves them or fear
them, etc. He is the same God ofall nations. He does not order that
people should make of stars, sun, fire, 'Eesaa (Jesus), Moosaa
(Moses), Muhammad may Allaah exalt their mention etc. gods besides
Him. He (Most Exalted) cannot be 'contradictory'. He has one way
(religion) that calls man to surrender hiswill only to Him.
He warned that if man (even Muhammad ) would take partners withHim,
then his work will fail and will be among losers; Allaah Says (what
means): "And verily, it had beenrevealed to you (O Muhammad ) as has
been revealed to those before you. If you join others in worship with
Allaah (then) surely (all) your deeds will be in vain and you will
certainly be among the losers. Nay! But worship Allaah and be among
grateful." [Quran 39:65-66]
Let us know what Muhammad the man-Prophet, who knew Allaah best, used
to say: "OAllaah, I seek refuge in You for Your Pleasure and against
Your Wrath, and in Your Forgiveness and against Your Punishment andin
You from You, I cannot Praise You as You can Praise Yourself."
(Muslim, Abu Daawood, At-Tirmithi, Ibn Maajah)
He used to say also: "I have surrendered myself to You, Ihave directed
my face to You, I have entrusted my affairs to You, I have compelled
my back to refuge in You, in want and in fright of You, there is no
resort nor survival from You except (in turning) to You. I have faith
in Your book (i.e. the Quran) which You brought down and in the
Prophet (Muhammad ) you have sent." (Al-Bukhaari & Muslim)
When we read in the Quran (what means): "Whatever of Mercy (i.e. of
good), Allaah may grant to mankind, none can withhold it, and whatever
He may withhold, none can grant it thereafter. And He is the
All-Mighty, the All-Wise." [Quran 35:2]
And when we read (whatmeans): "If Allaah touches you with hurt, there
is none can remove it but He; and if He intends any good for you,
there isnone who can repel His favor which He causes it to reach
whomsoever of His slaves He will,and He is the Oft-Forgiving, Most
Merciful." [Quran 10:117]
We should be motivated to return to Him Alone at times of ease and at
times of hardship. And when we read (what means): "If Allaah helps you
none can overcome you, and if Heforsakes you, who is there, after Him,
that can help you. And in Allaah (alone) let believers put their
trust." [Quran 3:160]
The Quran, therefore, leads man to a true liberation from any false
attachment. It brings peace to the heart. It helps the believer
againsthypocrisy and all forms ofdishonesty.
Imagine, for example, a believer facing a problemat work. He sees
wrong and faces unlawful practices. He does not fear rejecting what is
wrong. He knows that the job is only a means togain his sustenance.
While he may be unable to correct what is wrong,he knows well that
Allaahis the One Who provides. If he leaves his job for the sake of
Allaah, Allaah will give him a better one. Allaah Almighty Said (what
means): "And whosoever fears Allaah and keepshis duty to Him. He will
make a way for him to get out (from) every (difficulty), and He will
provide him from (sources) he could never imagine." [Quran 65:2-3]
The above texts, necessitates that man must depend upon AllaahAlmighty
asking Him Alone for assistance. It also requires that man must love
Allaah and worship Him Alone to gain His pleasure and His help. Is it
not true that the people who consider this life as the "Final Goal"
end up worshiping many things in it? You see them so careful
about"having it all". They torture themselves: pain, difficulty,
constant worry,keeping their hands in the banks for loan after loan to
keep up with the"demands of development". They are under the constant
threatof fore-closure. They constantly see poverty in front of their
eyes.
The Prophet said: "Allaah says: 'Son of Aadam: Fill your time with My
worship and I will fill your heart with richness, and end off your
poverty. But if you do not, I would make your hands fully busy (i.e.
in worldly affairs) and I would not end off your poverty.'"
(At-Tirmithi)
Our purpose of existence on earth is more meaningful than being slaves
to worldly gains. There can be no meaningful life better than that
prescribed by our Creator Allaah. Every act done according to Allaah's
way is an act of worship. Man is the beneficiary and Allaah is in no
need; Allaah Says (what means):: "O mankind! It is you who stand in
need of Allaah, but Allaah is Rich (Free of all wants and needs),
Worthy of All Praise." [Quran 35:15]

A woman miscarries after 5 months of pregnancy!

Q: a) A woman miscarries after 5 months of pregnancy. The limbs of the
foetus were formed at the time. What is the procedure regarding giving
the foetus ghusal and performingJanaazah Salaah?
b) Kindly explain the ruling of any bleeding experienced by the woman
in the above-mentioned situation.

A: a) If the limbs of the foetus are formed (hands, legs, fingers,
nails, mouth, nose, hairetc.) though the entire body has not been
formed at the time of the miscarriage, then, the child will be named,
washed wrapped in a cloth andburied without any Janaazah Salaah. (Al
Fataawa Al Hindiyyah 1/59, Hashiayatut Tahtaawi ala Maraaqil Falaah
pg. 598)
b) When a woman miscarries and the limbs like the hands, legs,
fingers, nails, nose, hair, mouth havebeen formed then, whatever
bleeding is experienced by the woman thereafter is considered to be
Nifaas (post-natal bleeding). (Ad Durrul Mukhtar 1/302, Al Fataawa Al
Hindiyyah 1/37)
And Allah Ta'ala Knows Best