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Tuesday, July 2, 2013

Family disintegration – I

Allaah has bestowed upon His slaves many bounties and favors which
they cannot count. He has decreed that true Muslim communities can
only be established with the existence of families that are obedient
to Allaah and are nurtured in accordance with His commandments.
Therefore, He has provided Muslims with the elements by which the
family is created, as He Almighty Says (what means):"And of His signs
is that He created for you from yourselves mates that you may find
tranquility in them; and He placedbetween you affection and
mercy...."[Quran 30: 21]
Observe how Allaah constructs the family – He created companions for
men from withinthemselves so that they may attain harmony. He made the
wife the source of spiritual tranquility, but the family still needs a
tangible sort of tranquility, which Allaah describes saying (what
means):"And Allaah has made for you from your homes a place of
rest...."[Quran 16: 80] Hence, the spiritual serenity is found in the
wife and the physical serenity in one's house; together, both of these
shape the family, which forms communities.
Muslims are commanded to manage the family according to Islam and
Allaah has legislated such rules for us whereby we may acquire
prosperity and bond the family closely. This is so that the resulting
society will be righteous and one which performs Jihaad, or struggle,
for the sake of Allaah, as a result of which Islam will spread
throughout the world.
Undoubtedly, when we neglectedthe family, our communities became
corrupt and Muslim countries undeveloped, anxiety overwhelmed people
and life became intolerable.
Today, if we study the situation of Muslim families, we will see that
most of them live a miserable life, in consequence of being distant
from Islamic laws and disregarding them. I will givesome examples of
things that result in the breakdown or disintegration of families.
However, let us first cite an example of a happy, Islamic family,
which lived according to the way Allaah has prescribed. Allaah Says
(what means):"And [mention] Zechariah, when he called to his Lord, "My
Lord, do not leave me alone [with no heir],while You are the best of
inheritors."[Quran 21: 89]
Hesupplicated to Allaah and sought His help, as Allaah Says (what
means):"Kaaf, Haa, Yaa, 'Ayn, Saad. This is a mention of the mercy of
your Lord to His servant Zechariahwhen he called to his Lord a private
call [i.e. supplication]. He said, "My Lord, indeed my bones have
weakened,and my head has filled with white hair, and never have I been
in my supplication to You, my Lord, unhappy [i.e. disappointed].And
indeed, I fear the successors after me, and my wife has been
barren…."[Quran 19: 1-5]
The story goes that Zakariyyaprayed to his Lord with sincerity,
complaining that he became old and weak; he went on to acknowledge
that Allaah always responded to his invocations and never failed him.
Hethen expressed his concern that those whom he will leave behind
after his demise willnot be able to carry out the mission of conveying
Allaah's message and that his wife can nolonger give birth. At this
point, hecommenced his supplication, uttering, as Allaah Says (what
means):"…So give me from Yourself a heir. Who will inherit me and
inherit from the family ofJacob…"[Quran 19: 5-6], not to inherit
wealth, rather, prophethood.
Zakariyyacontinued in his prayer, imploring Allaah to make him (i.e.,
the child) pleasing to Himself. The angels, soon after, came to him
with glad tidings from Allaah about a boy whom Allaah named as Yahyaa
(i.e., John). So, Zakariyyawas not the one naming him or even his
mother, but it was Allaah, The One, who gave the child a name which no
human before him had.Allaah Says (what means):"And [mention]
Zechariah, when he called to his Lord, "My Lord, do not leave me alone
[with no heir],while You are the best of inheritors.So We responded to
him, and We gave to him Yahyaa (i.e., John), and amended for him his
wife. Indeed, they used to hasten to good deeds and supplicate Us in
hope and fear."[Quran 21: 89-90]
Thus, this pious family was obedient to Allaah – the father and son
were Prophets, and the wife was devout because Allaah made her so. The
entire family would rush to please Allaah, bothduring times of
prosperity and adversity; they supplicated submissively and were not
heedless nor indulged unnecessarily in this life. This is how families
used to be.
Let us examine the case of miserable families which are prevalent
amongst our societies today. There is a great danger threatening our
community, namely, the phenomenon of family disintegration, which has
become our trademark, as a natural result of shunning
Islamiclegislations and abandoning the religion.
Many families are collapsing fromthe inside even if they appear to be
cohesive, for, in reality, each individual among them lives his own
life and is in his own world. Everyone has his own concerns and
problems, which no one else shares with him, and nobody senses any
commitment towardsthe others or that he is obliged to do anything for
someone else.
Sometimes, two people within the same household may not even talk to
each other and you would find that the father sleeps in one room and
the mother in another. This is just a plain example and there are many
others of its kind, reflecting the breakdown of families within
ourcommunities.
There are reasons leading to this disintegration of families, such
aswhat the Prophetmentioned:"It is enough a sin that one neglects his
dependents (i.e., those under his care)."There are many fathers who
pay no heed totheir children and households, and do not fulfill their
due obligations towards them.
The following is an example of such negligence: a man divorced his
wife, whilst having children from her, and married another. Later, the
second wife convinced him that his sons are aiming to separate them
and are using magic to achieve this; things thenbuilt up to the extent
of accusingthem of trying to poison him, so he expelled them from the
house. After this, she gave him a choice, saying: 'Either I stay or
your daughter'; thus, he got rid of his daughter and placed her with
her other sister who was married, and although she felt very disturbed
about having to live in a house as a stranger, she had nowhere else to
go.
The father did not spend on the children whom he threw out; some lived
with their maternal grandmother and others with their maternal uncles.
As for the girl, she stayed with her sister and if she were asked
about her brothers, she would reply: 'I do not know, for my father
kicked them out a long time ago and I have no idea where they are
now'.
There is another account of one who was influenced by evil friends,
who made him spend hissalary on prohibitions. He kicked out his wife
and children and hardly ever does he go home. Some of his children are
sick and need special care; school is aboutto start and the kids need
certainthings, yet he is away. The rent is nine months past its due
and the landlord protested to the wife who is helpless and alone; he
knocked at the door requesting the payment, so some virtuous people
helped her out with somemoney, but the husband, acting like criminals,
comes once a month to seize from her whatever donations people have
offered her and leaves. He comes for a few moments each month and
never checks on his children or family.
Indeed, what the Prophetsaid is true:"It is enough a sin that one
neglects his dependents(i.e., those under his care)."
Rushing into divorcing the wife isanother cause of the collapse of the
family. These days, divorce is a widespread occurrence and for
senseless reasons. Neither the husband nor the wife are brought up
Islamically to begin with, and consequently, they fight for the
simplest of reasons and then, divorce happens on silly grounds.
The outcome is that the family falls apart, the children stay with one
of the two parents and are deprived from seeing the other, or are
incited by each of the parents against the other, and soon.
A man divorced his wife when hisdaughter was two months old; she is
now twenty-eight years and she has not seen her father except once. He
never asked about her or sustained her, yet whenever someone comes
askingfor her hand, he refuses and sets down difficult conditions.
Before one divorces, he must think about his children: how willhe deal
with them? Will he visit and watch over them or will he become busy
with his new houseand life and neglect them?

Dought & clear - She saw menstrual blood after breaking thefast, but she is not sure whether it came before or after breaking the fast.

One day during Ramadan, shortly after breaking the fast, I saw
menstrual blood, but I do not know whether my period began before
breaking the fast or after. Do I have to make up the fast of that day
ornot?
Praise be to Allah.
One of the basic principles of fiqh that were mentioned by the
scholars (may Allah have mercy on them) is the principle that every
incident is presumed to have begun at the closest time.
What this principle means is that if something happens, andit may have
happened ata time that is closer or a time that is further, and there
is nothing to suggest which of the two times is most likely, then we
assume that it happened that the closerof the two times, because this
is the time at which we may be certain that it happened,whereas the
other is the subject of some doubt.
One of the applications of this principle is that if a person sees
maniy (semen) on his garment, and he knows that it is the result of a
wet dream, but he does not remember any wet dream, in that case he may
attribute it to the latest time that he slept and repeat any prayer
that he offered after that sleep.
This principle was statedby az-Zarkashi in his book al-Manthoor
fi'l-Qawaa'id and as-Suyooti in al-Ashbaah wa'l-Nadhaa'ir; they
alsodiscussed some minor issues connected to it, which you may read in
either of the two sourcesmentioned for further information.
Based on that, if a woman saw menstrual blood and does not know when
it began, was it before Maghrib orafter, then in this case she should
assume that the bleeding began at the closer of the two times. The
closer of the two times in your case leads to the conclusion that it
began after Maghrib.
It says in al-Mawsoo'ah al-Fiqhiyyah (26/194): Under this heading
comes the idea that was narrated from the fuqaha': if a woman
seesmenstrual blood and does not know when it began, she comes under
the same ruling as a manwho sees maniy (semen) on his garment and
doesnot know when it happened. That is, he has to do ghusl and repeat
the prayers from when he last slept. This is the least complicated and
the clearest of the scholarly opinions. End quote.
Shaykh Muhammad ibn Saalih al-Mukhtaar ash-Shanqeeti (may Allah
preserve him) was asked about a woman who saw some menstrual blood
after Maghrib prayer, and she does not know whether it came before
Maghrib or after – what is the ruling on her prayer andfasting?
He replied: If she saw theblood and thinks it most likely that it came
beforeMaghrib, then there is no doubt that the fast of that day is
invalid and she has to make it up.
But if she thinks it most likely that the blood is fresh and that it
happened after Maghrib,then there is no doubt that her fast is valid
and she has to pray Maghrib when she becomes pure (i.e., her period
ends and she does ghusl); she should make it up and offer that prayer.
But if she is uncertain, then the basic principle according to the
scholars(may Allah have mercy on them) is that it shouldbe attributed
to the closest time. The basic principle is that the fast remains
valid unless there is evidence to prove that it is not valid, and the
basic principle isthat she has fasted a whole day and has done what is
required of her, unless we are certain that there is any evidence to
the contrary.So in this case her fast is deemed to be valid. As for
the blood, it does notaffect that day. On the other hand, if you say
that her fast is valid, she has to make up Maghrib,and if you say that
her fast is not valid, she doesnot have to make up Maghrib, so if her
fast is valid she has to make upMaghrib, because the time of Maghrib
began when she was not menstruating, and her menses began after
that,so she has to make up Maghrib, because what matters is the
beginning of the time (for Maghrib), not the end.
End quote from Sharh Zaad al-Mustaqni' by Shaykh ash-Shanqeeti
To sum up: your fast is valid so long as you are not certain that the
bleeding started before Maghrib.
And Allah knows best.

Dought & clear - When was prayer madeobligatory? How did the Muslims pray before prayer was made obligatory?.

Is it true that prayer wasmade obligatory before the night of the
Isra'? Did the Messenger pray in the manner that we pray now, with the
samenumber of rak'ahs? When was prayer made obligatory at these
timesand in the manner that we pray now?
Praise be to Allah.
Al-Bukhaari (349) and Muslim (162) narrated from Anas ibn Maalik (may
Allah be pleased with him) the famous hadeeth of the Isra' (Prophet's
Night Journey) in which it is reported that the Messenger of Allah
(blessings and peace of Allah be upon him) said:
"Then Allah revealed what He revealed to me, and enjoined fifty
prayers on me every day and night. I came back down to Moosa
(blessings and peace of Allah be upon him) and he said: What did your
Lord enjoin upon your ummah? I said: Fifty prayers. He said: Go backto
your Lord and ask Himto reduce it... I kept going back and forth
between my Lord, may He be blessed and exalted, and Moosa (peace be
upon him), until He said: 'O Muhammad, they are five prayers each day
and night, for every prayer there will be a tenfold (reward), and that
is fifty prayers."
The scholars are unanimously agreed that the five daily prayers were
not made obligatory until this night. See the answer to question no.
143111
See also Fath al-Baari by Ibn Rajab (2/104).
Al-Haafiz Ibn Katheer (may Allah have mercy on him) said:
On the night of the Isra', one and a half years before the Hijrah,
Allah enjoined upon His Messenger (blessings and peace of Allah be
upon him) the five daily prayers, and explained that there were
conditions and essential parts and other matters having to do with
them, bit by bit.
Tafseer Ibn Katheer (7/164).
Then Jibreel (peace be upon him) came down and taught the Prophet
(blessings and peace of Allah be upon him) the times of the prayers:
Al-Bukhaari (522) and Muslim (611) narrated from Ibn Shihaab that
'Umar ibn 'Abd al-'Azeez delayed the prayer one day. 'Urwah ibn
az-Zubayr entered upon him and told him that al-Mugheerah ibn Shu'bah
delayed the prayer one day when he was in Kufah, and Abu Mas'ood
al-Ansaari entered upon him and said: What is this, O Mugheerah? Do
you not know that Jibreel came down and prayed, and the Messenger of
Allah (blessings and peace of Allah be upon him) prayed, then he
prayed and the Messenger of Allah (blessings and peace of Allah be
upon him) prayed, then he prayed and the Messenger of Allah (blessings
and peace of Allah be upon him) prayed, then he prayed and the
Messenger of Allah (blessings and peace of Allah be upon him) prayed,
then he prayed and the Messenger of Allah (blessings and peace of
Allah be upon him) prayed. Then he said: This is what has been
enjoined upon me. 'Umar said to 'Urwah: Think what you are narrating,
O 'Urwah! Is Jibreel the one who taught the Messenger of Allah
(blessings and peace of Allah be upon him) the times of the prayers?
'Urwah said: That is what Basheer ibnAbi Mas'ood used to narrate from
his father.
An-Nasaa'i (526) narrated that Jaabir ibn 'Abdullah (may Allah be
pleased with him) said: Jibreel (peace be upon him) came to the
Prophet (blessings and peace of Allah be upon him) when the sun had
passed its zenith and said: Get up, O Muhammad. That was when the sun
had passed the meridian. Then he waited until the(length of) a man's
shadow was equal to hisheight, then he came to him for 'Asr and said:
Getup, O Muhammad, and pray 'Asr. Then he waited until the sun set,
then he came to him andsaid: Get up and pray Maghrib. So he got up and
prayed it when the sun had set fully. Then he waited until the
twilight had disappeared, then he came and said: Get up and pray
'Isha', so he gotup and prayed it… In thishadeeth it says: He (i.e.,
Jibreel) said: The period between two of these two times is the time
to pray.
Classed as saheeh by al-Albaani in Saheeh an-Nasaa'i.
'Abd ar-Razzaaq narrated in his Musannaf(1773) and Ibn Ishaaq narrated
in his Seerah – as it says in Fath al-Baari (2/286) – that this
happened on the morning after the night in which prayer was made
obligatory.
Al-Qurtubi (may Allah have mercy on him) said:
(The scholars) did not differ concerning the fact that Jibreel (peace
be upon him) came down on the morning following the night of the
Isra', when the sun passed its zenith, and taught the Prophet
(blessings and peace of Allah be upon him) the prayer and its timings.
End quote.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Jibreel's explanation of the timings of the prayercame on the morning
following the night of the Isra'. End quote.
Sharh al-'Umdah (4/148)
When the five daily prayers were first made obligatory, each prayer
was two rak'ahs, then after the Hijrah, that wasconfirmed in the case
of travel, and two rak'ahs were added for those who are not
travelling, except Maghrib, which remained as it was. Al-Bukhaari
(3935) and Muslim (685) narrated that 'Aa'ishah (may Allah be pleased
with her) said: Prayer was enjoined with two rak'ahs, then when the
Prophet (blessings and peace of Allah be upon him) migrated, it was
enjoined with four rak'ahs, but prayer whilst travelling remained as
it had originally been.
The Prophet (blessings and peace of Allah be upon him) and his
Companions used to pray before the five daily prayers were
madeobligatory.
It says in al-Mawsoo'ah al-Fiqhiyyah (27/52-53):
Prayer was originally enjoined in Makkah at the beginning of Islam,
because there are Makkan verses that wererevealed at the beginning of
the Prophet's mission that encourage praying. As for the five daily
prayers in the form that is well-known, they were made obligatory on
the night of the Isra' and Mi'raaj. End quote.
See also the answer to question no. 143111
Some of the scholars are of the view that prayer was made obligatory
at the beginning, two rak'ahs in the morning and two rak'ahs in the
afternoon.
Al-Haafiz (may Allah havemercy on him) said in al-Fath:
A number of scholars areof the view that before the Isra' there was no
obligatory prescribed prayer, but prayers wereoffered at night,
withoutany number of rak'ahs being specified. Al-Harbi was of the view
that prayer was made obligatory, two rak'ahs in the morning and two
rak'ahs in the afternoon.Ash-Shaafa'i narrated from some of the
scholars that prayer at night was obligatory, then it was abrogated by
the verse (interpretation of the meaning): "So, recite you of the
Quran as much as may be easy for you" [al-Muzammil 73:20]. So it
became obligatory to pray for part of the night. Then that was
abrogated by the five daily prayers. End quote.
He also said:
Before the Isra', the Prophet (blessings and peace of Allah be upon
him) definitely used to pray, as did his companions, but there isa
scholarly difference of opinion as to whether any kind of prayer was
made obligatory before the five daily prayers or not. It was said that
what was obligatory at first was prayer before sunrise and prayer
before sunset. The evidence for that is the verse in which Allah, may
He be exalted, says (interpretation of the meaning): "and glorify the
praises of your Lord before the rising of the sun, and before its
setting" [Ta-Ha 20:130], and similar verses. End quote.
See also Tafseer Ibn 'Atiyyah (1/204); at-Tahreer wa't-Tanweerby Ibn
'Ashoor (24/75).
And Allah knows best.

Dought & clear - Pilgrim doing ‘umrah in Ramadan not fasting if he has come from far away.

If a family does 'Umrah in the month of Ramadan, is it permissible for
them notto fast during their stay in Makkah al-Mukarramah, or should
they stop eating as soon as they arrive in Makkah?.
Praise be to Allaah.
If the pilgrim doing 'Umrah in Ramadan comes from a far land such as
Najd or elsewhere, then he is a traveller and he may break the fast on
the road, whether he is coming from Riyadh or al-Qaseem or Haa'il or
Madeenah. He may break the fast on the road and in Makkah. But if he
has decided to stay for more than four days, then when he reaches
Makkah, to be on the safe side he should fast and it is better to
fast, because the majority of scholars are of the view that if he has
made a firm decision to stay for more than four days, then he must
offer the prayers in full and not break the fast.
But if he has decided to stay for two or three or four days and no
more, then he may break the fast or he may fast, he may shorten the
four-rak'ah prayers to two rak'ahs, or he may offer the prayers in
full with the people. If he is alone, he should pray with the
congregation, but if there are other people with him, he has the
choice: if he wishes he may pray two rak'ahswith the people who
arewith him, or if they wish they may pray four rak'ahs with the
people in congregation. If their stay is more than four days, then
they should fast and offer the prayers in full, accordingto the
majority of scholars. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him).
Fataawa Noor 'ala al-Darb, 3/1231