Can the testimony of a woman be accepted with regard to sighting the
new moon of Ramadaan?.
Praise be to Allaah.
The fuqaha' differed with regard to acceptingthe testimony of a woman
with regard to sighting the new moon of Ramadaan. There are two
opinions:
1 – Her testimony may beaccepted. This is the view of the Hanafis – if
itis cloudy– and the Hanbalis, and it is one of the two views held by
the Shaafa'is.
2 –That it cannot be accepted. This is the view of the Maalikis,
andthe more correct view according to the Shaafa'is.
Ibn Qudaamah said in al-Mughni (3/48):
If the one who brings the news is a woman, then according to the
madhhab her word is to be accepted. This is the view of Abu Haneefah
and is one of the two views held by the companions of al-Shaafa'i,
because it is news that has to do witha religious matter, so it is
akin to narration of reports, or telling peoplewhat the direction of
the qiblah is, or that the time for prayer has begun. And it may be
that it is not acceptable, because it is testimony about the sighting
of thenew moon, and the word of a woman cannot be accepted concerning
that, like the new moon of Shawwaal.End quote.
See: Tabyeen al-Haqaa'iq(1/319), al-Taaj wa'l-Ikleel (3/278),
al-Majmoo' (6/286) and Kashshaaf al-Qinaa' (2/304).
The Hanafis differentiatebetween cloudy and clear weather. If it is
cloudy, the testimony of two men, or a man and two women, is
acceptable, but if it is clear then it is essential to have many
people to testify to that . See: al-Bahr al-Raa'iq (2/290).
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said: Some
scholars say that the testimony of a female cannot be accepted, either
in Ramadaan or atother times, because the one who saw the new moon at
the time of the Messenger of Allaah (peace and blessings of Allaah be
upon him) wasa man, and because the Prophet (peace and blessings of
Allaah be upon him) said: "If two witnesses (shaahidayn) bear witness,
then start the fast and end the fast," and a woman is a shaahidah not
a shaahid.
The evidence of our madhhab is that this is a report concerning a
religious matter which isaddressed equally to males and females, as
males and females are equal with regard to narrating reports, and
reports are religious matters. Hence they did not stipulate that
sighting the new moon of Ramadaan should be proven by a judge, and
they did not stipulate any particular wording for the testimony,
ratherthey said: If he hears a trustworthy person telling the people
in his presence that he has seen the new moon, then he must fast on
the basis of this news. End quote from al-Sharh al-Mumti' (6/326).
As for the new moon of Shawwaal, it can only beproven by the testimony
of two men.
And Allaah knows 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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Thursday, June 27, 2013
Dought & clear - Is it permissible for a doctor to break the fast if he becomes tired fromtreating patients?.
Is it permissible for a doctor under normal circumstances to break the
fast if he becomes tired from treating patients? What is the ruling if
he is doing operations, some of which take a long time? Does the
ruling vary if it is an emergency case?
Praise be to Allah.
It is not permissible for adoctor to break the fast in order to treat
patients, unless the patient is in a serious condition and his
treatment depends on the attending doctor breaking the fast. In
thatcase it is permissible for the doctor to break the fast, because
he is savingsomeone from dying.
And Allah is the source ofstrength. May Allah sent blessings and peace
upon our Prophet Muhammad and his family and companions. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz, Shaykh Saalih al-Fawzaan, Shaykh
'Abdal-'Azeez Aal ash-Shaykh,Shaykh Bakr Abu Zayd
Fataawa al-Lajnah ad-Daa'imah, vol. 2, 9/203
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''''''''''"''"' '''''''''''''''''''' ''''''''''"''"' +
'''''''''''''''''''' ''''''''''"''"' '''''''''''''''''''' -
fast if he becomes tired from treating patients? What is the ruling if
he is doing operations, some of which take a long time? Does the
ruling vary if it is an emergency case?
Praise be to Allah.
It is not permissible for adoctor to break the fast in order to treat
patients, unless the patient is in a serious condition and his
treatment depends on the attending doctor breaking the fast. In
thatcase it is permissible for the doctor to break the fast, because
he is savingsomeone from dying.
And Allah is the source ofstrength. May Allah sent blessings and peace
upon our Prophet Muhammad and his family and companions. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz, Shaykh Saalih al-Fawzaan, Shaykh
'Abdal-'Azeez Aal ash-Shaykh,Shaykh Bakr Abu Zayd
Fataawa al-Lajnah ad-Daa'imah, vol. 2, 9/203
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''''''''''"''"' '''''''''''''''''''' ''''''''''"''"' +
'''''''''''''''''''' ''''''''''"''"' '''''''''''''''''''' -
How to interact with your wife
The man interaction with his wife
Allah جل وعلا has obligated upon the man similar to that which He has
obligated upon the woman. Allah جل وعلا said:
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ
عَلَيْهِنَّ دَرَجَةٌ [البقرة:228
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable, but men have a degree
(of responsibility) over them[al-Baqarah 2:228]
Allah جل وعلا has made the rights of the man primary, but He has
giventhe woman rights just has He has given the manrights. Allah جل
وعلا said in this verse:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ gave many advices
concerning the women.
There are some people who marry and they do not learn the regulations
concerning social interactions with the wife. How should he talk to
her? How should he request from her? What are the obligations that the
wife must perform?
On the contrary, he only interacts with her based upon his sheer
desires. He treats her according to his wishes and sometimes based
upon his manhood and based upon his strength. And hedoes not do that
which isIslamic binding upon him. He does not learn the legislated
regulationsconcerning social interaction and dealing with the wife.
And how beautiful is the statement of Ibn Abbass رضي الله عنهما
concerning this verse! Hesaid concerning the statement of Allah جل
وعلا:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
He said: 'Verily I do not like to demand all of my rights from my wife
such that it will become obligatory upon me to give her all of her
rights that she requests from me.
And also he used to orderwith beautification; meaning the man
beautifying himself for his wife.
He said:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
Therefore if the man requests that his wife beautify herself for him,
and that she remove any foul odor and that she is beautified when with
him; then likewise it is obligatory upon him to interact with her with
that which Allah جل وعلا has made obligatory.
Look at the condition of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
with his wives when they request maintenance from him. He said to them
kind gentle words that preoccupied for a period of time until Allah جل
وعلا reveal verses concerning this in SoorahAl Ahzab.
In many instances the man's interaction with his wife is according to
desires and according to the desires of manhood.
But some of the people are diligent upon interacting with their family
according to the appropriate legislation, and this is what is
obligatory so this is what we wanted to point out because this is a
type of interaction that many people are void of.
On the other extreme as it relates to interacting with the wives, some
people believe that good interaction is to give his wife free rein.
And he fulfills every desire that the woman has without looking to see
if that which she requested is permissible or impermissible, and
without looking to see if it is something she has a right to do or
not. It is something that will be good for her or is it something that
will not be good for her? Is there a benefit for her it that or not?
(The men) are negligent in this affair to the extentthat the women
conduct themselves freeing like they are the men.
No doubt that these are two images on opposite sides of the spectrum.
*.The one who is harsh and cruel
*.The one who gives his wife free rein and it is as though his wife
has become the man.
And the resolution for that, rather the balance and the guidelines are
for the person to strive tobe with his wife according to the
guidelines of the legislation.
Allah جل وعلا ordered that the women should be given their rights;
likewise He ordered that the man should be given their rights. And the
Prophet صَلَّى اللهُ عَلَيْهِوَسَلَّمَ, from the final advices he gave
during his life, was advice concerning the rights of the women.
During his sermon on theday of Arafat, during his tremendous sermon
which he bided farewell to the people he said:'Be kind to the women
because verily they are inyour trust.'Meaning like captives
But this does not mean that he leaves the affairs up to her to do
however she wants, and it does not mean that the personis negligent
concerning the commands of Allah; rather he should be in accordance
with that which Allah جل وعلا wants.
The man requests things from his wife but it is befitting that his
interactions with his wifebe in accordance with the statement of Ibn
Abbass رضي الله عنهما.
He said I do not like to demand all of my rights from my wife such
that it will become obligatory upon me to give her all of her rights
that she requests from me.
On the other hand, there is the interaction of the wife with her
husband. Allah has given the man adegree over the woman. He said:
But men have a degree (of responsibility) over them [al-Baqarah 2:228]
Allah جل وعلا gave man a preference based upon him providing
maintenance. Thus He gave him preference in that which is specific to
the man; thus man is the one responsible for providing maintenance and
he is responsible for commanding the good and forbidding the wrong.
And it is upon the wife toobey the husband in that which is obedience
to Allah, she should obey him in that which is correct and she should
not disobey him.
Such that no one he hates should enter his home and she should
notleave his home unless he is in agreement. And if the wife preserves
the husband's rights upon her then she has performed her obligations.
And it appears in an authentic narration: "If the woman prays her
fivedaily prayers, and fast (the month of Ramadan) and obey her
husband, then it will be said to her,'enter paradise from any door you
choose.'"
And there is no doubt theit is a requirement for the woman to obey her
husband and it is an obligation upon her as it relates to her
interaction with her husband that she is obedient and pleased and she
should be the one who concedesand yields. And she should not make the
manthe one who submits to her, and the one who is submissive to her,
because in this action there is corruption.
And the judges have spoken about the affair of the husband obeying his
wife and what occurs when some of the women rule their husbands. The
end result is that the woman is not content with her husband, the one
who obeys her, and has some good interactions with her; rather she
makes him obey her in everything that she desires. Thus the end result
is that she hates him, because the woman by her nature needs someone
who will take care of her. So if the man takes responsibility for her
and interacts with her according to the commands of Allah جل وعلا then
both of them will have a good result.
Allah جل وعلا has obligated upon the man similar to that which He has
obligated upon the woman. Allah جل وعلا said:
وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ
عَلَيْهِنَّ دَرَجَةٌ [البقرة:228
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable, but men have a degree
(of responsibility) over them[al-Baqarah 2:228]
Allah جل وعلا has made the rights of the man primary, but He has
giventhe woman rights just has He has given the manrights. Allah جل
وعلا said in this verse:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
The Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ gave many advices
concerning the women.
There are some people who marry and they do not learn the regulations
concerning social interactions with the wife. How should he talk to
her? How should he request from her? What are the obligations that the
wife must perform?
On the contrary, he only interacts with her based upon his sheer
desires. He treats her according to his wishes and sometimes based
upon his manhood and based upon his strength. And hedoes not do that
which isIslamic binding upon him. He does not learn the legislated
regulationsconcerning social interaction and dealing with the wife.
And how beautiful is the statement of Ibn Abbass رضي الله عنهما
concerning this verse! Hesaid concerning the statement of Allah جل
وعلا:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
He said: 'Verily I do not like to demand all of my rights from my wife
such that it will become obligatory upon me to give her all of her
rights that she requests from me.
And also he used to orderwith beautification; meaning the man
beautifying himself for his wife.
He said:
"And they (women) have rights (over their husbands as regards living
expenses) similar (to those of their husbands) over them (as regards
obedience and respect) to what is reasonable.
Therefore if the man requests that his wife beautify herself for him,
and that she remove any foul odor and that she is beautified when with
him; then likewise it is obligatory upon him to interact with her with
that which Allah جل وعلا has made obligatory.
Look at the condition of the Prophet صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ
with his wives when they request maintenance from him. He said to them
kind gentle words that preoccupied for a period of time until Allah جل
وعلا reveal verses concerning this in SoorahAl Ahzab.
In many instances the man's interaction with his wife is according to
desires and according to the desires of manhood.
But some of the people are diligent upon interacting with their family
according to the appropriate legislation, and this is what is
obligatory so this is what we wanted to point out because this is a
type of interaction that many people are void of.
On the other extreme as it relates to interacting with the wives, some
people believe that good interaction is to give his wife free rein.
And he fulfills every desire that the woman has without looking to see
if that which she requested is permissible or impermissible, and
without looking to see if it is something she has a right to do or
not. It is something that will be good for her or is it something that
will not be good for her? Is there a benefit for her it that or not?
(The men) are negligent in this affair to the extentthat the women
conduct themselves freeing like they are the men.
No doubt that these are two images on opposite sides of the spectrum.
*.The one who is harsh and cruel
*.The one who gives his wife free rein and it is as though his wife
has become the man.
And the resolution for that, rather the balance and the guidelines are
for the person to strive tobe with his wife according to the
guidelines of the legislation.
Allah جل وعلا ordered that the women should be given their rights;
likewise He ordered that the man should be given their rights. And the
Prophet صَلَّى اللهُ عَلَيْهِوَسَلَّمَ, from the final advices he gave
during his life, was advice concerning the rights of the women.
During his sermon on theday of Arafat, during his tremendous sermon
which he bided farewell to the people he said:'Be kind to the women
because verily they are inyour trust.'Meaning like captives
But this does not mean that he leaves the affairs up to her to do
however she wants, and it does not mean that the personis negligent
concerning the commands of Allah; rather he should be in accordance
with that which Allah جل وعلا wants.
The man requests things from his wife but it is befitting that his
interactions with his wifebe in accordance with the statement of Ibn
Abbass رضي الله عنهما.
He said I do not like to demand all of my rights from my wife such
that it will become obligatory upon me to give her all of her rights
that she requests from me.
On the other hand, there is the interaction of the wife with her
husband. Allah has given the man adegree over the woman. He said:
But men have a degree (of responsibility) over them [al-Baqarah 2:228]
Allah جل وعلا gave man a preference based upon him providing
maintenance. Thus He gave him preference in that which is specific to
the man; thus man is the one responsible for providing maintenance and
he is responsible for commanding the good and forbidding the wrong.
And it is upon the wife toobey the husband in that which is obedience
to Allah, she should obey him in that which is correct and she should
not disobey him.
Such that no one he hates should enter his home and she should
notleave his home unless he is in agreement. And if the wife preserves
the husband's rights upon her then she has performed her obligations.
And it appears in an authentic narration: "If the woman prays her
fivedaily prayers, and fast (the month of Ramadan) and obey her
husband, then it will be said to her,'enter paradise from any door you
choose.'"
And there is no doubt theit is a requirement for the woman to obey her
husband and it is an obligation upon her as it relates to her
interaction with her husband that she is obedient and pleased and she
should be the one who concedesand yields. And she should not make the
manthe one who submits to her, and the one who is submissive to her,
because in this action there is corruption.
And the judges have spoken about the affair of the husband obeying his
wife and what occurs when some of the women rule their husbands. The
end result is that the woman is not content with her husband, the one
who obeys her, and has some good interactions with her; rather she
makes him obey her in everything that she desires. Thus the end result
is that she hates him, because the woman by her nature needs someone
who will take care of her. So if the man takes responsibility for her
and interacts with her according to the commands of Allah جل وعلا then
both of them will have a good result.
The Nikah Has Many Benefits And Is A Protection From Fornication
TheNikahis from the ways of Allah with regardto his creation, between
the children of Adam, male and female.
With it there are great benefits, from them: chastity of the two
spouses, one to the other; to fulfill what is required from the
husband towards his wife; the husband taking care of his wife; and
protecting her. From it is also the fulfilling of the desires of both
sexes and from it is having children.There are many benefits
fromNikah…
The most important thingis that it keeps you chastefrom adultery, from
fornication and the loss of lineage, and from the corruption of moral
uprightness. There is the protection of one's health.
As for adultery and fornication then their end place is in epidemics
and in lethal illnesses, as is well-known.
وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا ٣٢
And come not near to unlawful sexual intercourse. Verily, it is
aFahishah[i.e. anything that transgresses its limits(a great sin)],
and an evil way (that leads one to Hell unless Allah forgives him).
[Surah Al-'Isrā':32]
With it there is the loss oflineage, the spread of illnesses, the loss
of modesty and chastity. With it there are great harms; fornication,
we seek refuge with Allah, what an evil way. The harms of fornication
are not limited.
WithNikah, there is a protection from fornication and from its harms,
and all praises aredue to Allah.Nikahproduces offspring. As
forfornication then it is a loss. The offspring from fornication have
no father and no lineage, and we seek refuge with Allah. Lost… This is
from the disadvantages of fornication.
He (Allah) didn't say don'tfornicate, he said don't come close to it,
'don't come near to it', i.e. stay away from the means that lead to
fornication. Such as: looking, the seclusion with a man, thetraveling
of the woman by herself, her showing off her beauty. These are means
that lead to fallinginto fornication. Allah hasnot allowed them, he
hasprohibited them.
If there is leniency in these means then fornication will take place.
If there is leniency in these means then fornication will take place,
because the desires are present. Desires are present between men and
women. If they sat together and mixed then fornication is
close.Shaytaanis present, if a man secluded himself with a woman,
thenshaytaanis the third one amongst them.
They say you have bad thoughts and that you are pessimists. We are not
pessimists, this is the reality. This is the reality and if these
means that Allah has prohibited are violated, then fornicationwill
occur, no doubt.
Even the righteous man, the religious one, there isa danger upon him
from the woman. Especially if she was beautiful and he secluded
himself with heror traveled with her or she joined him at work. Or if
she sat with him in the classroom, or in an exam, or in meetings. Or
if she sat with him on thetelevision, or on the radio, as his
colleague, i.e. a presenter next to him, and she is beautified and he
is a youth. Far is Allah from allimperfections. Do you bring petrol
next to fire? Petrol is by itself and the fire is by itself. You bring
her next to him! This is like that; no it is worse than petrol and
fire.
Desires… we seek refuge with Allah, desires are strong. So for this
reason Allah (the Exalted, Most High), has placed barriersthat prevent
falling in to fornication. If they are preserved, fornication is
lessened or cut-off. If they are lost, then fornication will occur
without a doubt. No matter what, even if theyare religious or modest,
the children of Adam are not saved from fornication except by the
means that prevent it.
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''''''''''"''"' '''''''''''''''''''' ''''''''''"''"' +
'''''''''''''''''''' ''''''''''"''"' '''''''''''''''''''' -
the children of Adam, male and female.
With it there are great benefits, from them: chastity of the two
spouses, one to the other; to fulfill what is required from the
husband towards his wife; the husband taking care of his wife; and
protecting her. From it is also the fulfilling of the desires of both
sexes and from it is having children.There are many benefits
fromNikah…
The most important thingis that it keeps you chastefrom adultery, from
fornication and the loss of lineage, and from the corruption of moral
uprightness. There is the protection of one's health.
As for adultery and fornication then their end place is in epidemics
and in lethal illnesses, as is well-known.
وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا ٣٢
And come not near to unlawful sexual intercourse. Verily, it is
aFahishah[i.e. anything that transgresses its limits(a great sin)],
and an evil way (that leads one to Hell unless Allah forgives him).
[Surah Al-'Isrā':32]
With it there is the loss oflineage, the spread of illnesses, the loss
of modesty and chastity. With it there are great harms; fornication,
we seek refuge with Allah, what an evil way. The harms of fornication
are not limited.
WithNikah, there is a protection from fornication and from its harms,
and all praises aredue to Allah.Nikahproduces offspring. As
forfornication then it is a loss. The offspring from fornication have
no father and no lineage, and we seek refuge with Allah. Lost… This is
from the disadvantages of fornication.
He (Allah) didn't say don'tfornicate, he said don't come close to it,
'don't come near to it', i.e. stay away from the means that lead to
fornication. Such as: looking, the seclusion with a man, thetraveling
of the woman by herself, her showing off her beauty. These are means
that lead to fallinginto fornication. Allah hasnot allowed them, he
hasprohibited them.
If there is leniency in these means then fornication will take place.
If there is leniency in these means then fornication will take place,
because the desires are present. Desires are present between men and
women. If they sat together and mixed then fornication is
close.Shaytaanis present, if a man secluded himself with a woman,
thenshaytaanis the third one amongst them.
They say you have bad thoughts and that you are pessimists. We are not
pessimists, this is the reality. This is the reality and if these
means that Allah has prohibited are violated, then fornicationwill
occur, no doubt.
Even the righteous man, the religious one, there isa danger upon him
from the woman. Especially if she was beautiful and he secluded
himself with heror traveled with her or she joined him at work. Or if
she sat with him in the classroom, or in an exam, or in meetings. Or
if she sat with him on thetelevision, or on the radio, as his
colleague, i.e. a presenter next to him, and she is beautified and he
is a youth. Far is Allah from allimperfections. Do you bring petrol
next to fire? Petrol is by itself and the fire is by itself. You bring
her next to him! This is like that; no it is worse than petrol and
fire.
Desires… we seek refuge with Allah, desires are strong. So for this
reason Allah (the Exalted, Most High), has placed barriersthat prevent
falling in to fornication. If they are preserved, fornication is
lessened or cut-off. If they are lost, then fornication will occur
without a doubt. No matter what, even if theyare religious or modest,
the children of Adam are not saved from fornication except by the
means that prevent it.
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