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Tuesday, July 23, 2013

Fathwa - Interaction with Muslim husband and non-mehram non-Muslimlady

Question:
Is it permissible for a married man to be alone in his own home, with
a non-mehram non-Muslim woman who works for him, even if he treats her
as a sister? Would the case be any different if the wife of the
husband did not know about this meeting and was never told? Would it
be permissible if the married man was withanother man and this
non-mehram woman, and having a non-business conversation? Could you
please provide me with some Qu'ranic verses/hadiths as well,and
general advice on how the wife should approach her husband on this
matter?
Answer:
In the Name of Allah, the Gracious, the Merciful
Dear Sister,
Assalamu alaikum,
I pray all is well.
Whether the woman is Muslim or non-Muslim, oryou know about these
meetings or not, it remains impermissible for your husband to be alone
with her. However,if they are accompanied by another man or another
woman, then the situation is no longerkhalwa. However, even in that
scenario, caution should be exercised.
However, considering that your husband is married and that Islamic
marriages are predicatedon mutual respect and honesty, then it remains
imperative that he consult you when he needs to speak to this woman.
If there's a reason to bring her to your home, then he needs to make
sure this is okay with you and he needs to make sure you are present
when this woman visits.
However, it is not okay for your husband to hang out with this woman
just because she works for him. If there's some business matter to
discuss, then that's fine. But this should be done in a business
environment.
Allah Ta'ala says, "Say to the believing men to lower their gaze and
guard their modesty. That is purer for them, and Allah is aware of
what they do. And say to the believing women to lower their gaze and
guard their modesty..." (Surat an-Nur, 24:30-31).
The Prophet, Allah bless him and give him peace, says, "A man and
woman do not remain alone in privacy except that the third amongst
them is shaytan" (Tirmidhi).
Since you're clearly uncomfortable with yourhusband's behavior,
thenyou need to talk to him. Don't condemn him. But do tell him that
you are uncomfortable with these meetings and would like to have the
same consideration applied to you that you apply to him. I'm assuming
that you don't bring non-mahram men into your home. Likewise, your
husband should have the same consideration for you when he interacts
with non-mahram women.
I pray you work things out, emphasizing what ismost pleasing to Allah
and most conducive to the sanctity of your marriage.

Fathwa - Desire to seek high level of Islamic Knowledge vs current Occupation

Question:
I am a convert to Islamas of 1995, alHamdulillah, and a doctor by
occupation. Iam specialising in obstetrics and gynecology, and have
insha'Allah 3 more years full time before I am fully qualified. I have
been married 3 years and we have twochildren together. My husband and
I have begun the path to self improvement and acquisition of our fard
'ain with classes, including those at Sunnipath in fiqh and (for me)
Arabic, since I am limited in my ability to travel with young children
and work etc. Over the last year or so, I have begun to become quite
disillusioned with my work, and began feeling more strongly than
before that I want to seek Islamic knowledge to a (high) level, and be
the best Muslim (wife, mother, person) I can be. Also, I have
increasingly had a desire to learn more so that I can teach my
children their fard 'ain etc. I know that I did not undertake my job
lightly, and that it is a fard kifayah, and I am also blessed with a
husband who is very supportive of this job, but I don't know what to
do. Due to our circumstances, we don't envisage being able to go to an
Arab country for at least a decade to live and study, and so at
present we are limitedto learning from teachers here, as well as
SunniPath. I just keep thinking, of the time I converted, whenI was
given the opportunity to go to al-Azhar to study fiqh and become a
faqih by the organisation I was involved with. I was also concurrently
offered medicine, and chose the latter because it had been my lifelong
dream. I know everything happens for a reason, but I suppose I need
encouragement to continue, if it is the right thing, versus even
stopping, and being a full time mum. Please advise. Jazak Allahu
khayr.
Answer:
In the Name of Allah, Most Compassionate, Most Merciful
Praise be to Allah
Blessings and salutations to our beloved Messenger
Dear Sister,
Assalamu alaikum,
I pray this reaches you ingood health and spirits.
Thank you for sharing this information; nonetheless, I can't makethis
decision for you. Whatever path you take, remember that Allah Most
High does not place upon us a burden greater than we can bear.
Try not to live with regret. You chose the decision that reflected
your lifelong dream. You should learn to accept that decision and see
thebenefit in it. We Muslim women have a definite need for observant,
practicing female Muslimdoctors. There's certainlya lot of good you
can do with your skills and training.
If your heart is simply not in medicine, however, then you have the
freedom to leave the field and stay home with your children. However,
don't live in the past. Instead, look to the future. To that end, you
should make Salat al-Istikhara, then draw up a plan for how you might
pursue your new dream of studying Sacred Knowledge.
With a husband and children to relocate overseas, you will have some
challenges on your hands. But given your training in medicine and the
academic rigor required, I'm sure you're prepared to meet any
challenges that lie ahead.
Again, I am not telling you to finish your medical degree. And I amnot
suggesting that you leave medicine. What I am suggesting is that you
ask Allah to give you contentment and the best of this world and the
hereafter in whatever choice you make.
And Allah knows best.

Fathwa - Difference in way of life in our marriage

Question:
My problem has been hurting me since I got divorced. My husband and I
have had issues since the beginning of our marriage. We disagreed on
many things getting into the marriage like how big the wedding should
be. If getting a ring was the right thing to do. How big should
thehouse we're buying going to be. I know these could be very trivial
issues compared to many disasters in the world and I realize this now
but the point is we entered this marriage with many stresses. I know I
wanted more than what he wanted to give but like any girlin my
position I had many suitors ask for my hand with great offers. I
picked one and hoped he will giveme what I want. We had nikah right
away after the engagement and it lasted for a year before the wedding.
I felt helpless because I was already married and I wondered had I
stayed engaged , would he have grantedme my wishes with much of a
struggle. Wehave a beautiful child now but we are divorced. We kept
having issues from his mother--incredible interference in all of our
affairs...where we live, when we should have a kid, how much money my
husband should spend on me and so forth. My other issue with my
husbandis that I put on hijab right before I met him.We met and got
married. I felt that hijab got me into this mess. Now I'm accepting
the qadar of Allah more that I ever did before and I'm hoping for a
better life.He handled his mother's issues he says but the
remainingissue is how religious Iam. I don't and never smoked or drank
or dated. I alhamdullilah am very pretty and I know that I could do
all of that and have funbut I don't want to. Allah's path is better
that any other. I just can't wear the hijab anymore. I emotionally and
physically suffer when I go out with it. I tried personal and family
counseling to fix this problem but we got nowhere we got divorced at a
time of anger. I asked for the divorce and he gave it to me. Now we
both regret it and want to get back together but the deciding factor
is me wearing hijab. He says that he won't expect much from me but he
needs some minimums and hijab isone of them. I really really
understand his point of view and he has every right to feel that way
but I'm really confused. I told him that I always tried to force
myself to do things for him so we won't destroy this marriage but this
timeI'm having such a hard time and I am not good at explaining my
feelings. He asked me to stay with my parents until I have figured out
what I will do about hijab and based on that he will decide whether we
should stay together or not meaning divorce if I take it off. I am
lost. I don't want tobreak this family and I don't want to suffer
everyday. I pray and ask for guidance believe me and I will continue
to do that butfor the mean time what do I do? I think sometimes why
couldn't he be more reasonable with me. Out of all of his friends he
one of the most strict ones I've met and yet he enjoys his life too. I
feel that my decision will affect my life, his and our son's and it
won't be pretty. I know I must have confused you already and I swear
I'm much more confused than I ever was. Many women don't wear hijab
but they aren't necessarily not religious. He has no faith in me now
and doesn't trust that I can be a good wife. I went through a lot with
himand what got to me the most is how ready he was to divorce me
whenever we had an issue. I hope your answer will guide me a little.
Answer:
In the Name of Allah, Most Gracious, Most Merciful
Dear Sister,
Assalamu alaikum,
Thank you for your question.
Given the seriousness of the situation, I strongly urge you and your
husband to seek marriage counseling.
There are only a few observations I can offer based on what I could
understand of your situation:
1.You and your husband have a child together. You owe it to your child
to consider the impact of a broken home on his future. Areyour and
your husband's issues irreconcilable?
2.You seem to be very conflicted about the purpose and status of
hijab. Hijab is a command from Allah Most High. To make the hijab a
bone of contention between you and your husband is a mistake. Are you
really prepared to sacrifice your marriageover hijab?
3.There are obviously deeper issues than whether or not to wearhijab.
You and your husband appear to have some compatibility issues that
absolutely must beresolved before you goany further.
4.There are valuable lessons that can be learned from this situation.
You and yourhusband need to decide if you can make a fresh start. (I'm
assuming the divorce isnon-finalized). You both need to make the
Guidance Prayerand mutually agree to seek marriage counseling tohelp
you work throughthese issues.
5.You both need to change the way you handle conflict. Threatening
divorce every time an issue crops up is unhealthy and, from a fiqh
perspective, risky.I pray you can work things out.

Ramadan Articles - Sunnahs of Taraweeh Prayer

Ramadaan is an event in which the whole Muslim Ummah participates and
during this month many of us observeQiyaam al-Layl, also known
asTaraaweeh(literally, the break between individual prayers), which is
a Sunnah for both men and women. It is performed after the Isha prayer
up until the end of the night i.e. before the Fajr prayer and prayed
in sets of tworak'aat each.
Taraaweeh has an important place in Ramadaan. To find out why read on:
Its Excellence and Merit from the Qur'aan:
During Ramadaan, we are not only pre-occupied with our daily
activities but are also subjected to hunger and thirst, and so
naturally at the end of the day we become tired and cherish the
prospect of a good nights rest! However, in the Qur'aan Allah commends
those who observe the night prayer and He exhorts the believers
towards it,"Verily the rising by night(for Tahajjud prayer) is very
hard and most potent and good for governing (the soul) and most
suitable for (understanding) the Word (of Allaah)"[Soorahal-Muzzammil
(73):6]
From the Sunnah
"And whoever stands (in prayer) in Ramadan out of sincere faith and
hoping for a reward (from Allah) then all his previous sins will be
forgiven."[1]
In this Hadeeth the Prophet salla allahu alaihe wa-sallam wanted us to
earn this great reward, encouraging us towards taraaweeh. His
statement,"out of sincerefaith hoping for a reward.."suggests that
inorder to get reward one must purify his niyyah (intention) to
perform this act of worship.
Praying Taraaweeh in Congregation
"It is allowed to pray taraaweeh of the month of Ramadan in a
congregation just as it is allowed to pray them on an individual
basis. The majority of scholars, however prefer to pray them in
congregation." [2]
Aa'ishah reported that: "Allah's Messenger salla allahu alaihe
wa-sallam went out in the middle ofthe night and prayed in the mosque,
and the people prayed behind him, then in the morning people spoke
about it. Then a large number gathered (the second night), and he
prayed and they prayed behind him, then the people spoke about it in
the morning. On the third night the mosque was crowded, so Allah's
Messenger salla allahu alaihe wa-sallam came out and could not
accommodate the number of people, but heonly came out for the morning.
Then when he finished the morning prayer he turned to the people
repeated the Shahaadah and said:'Indeed your presence was not hidden
from me, but I feared that it wouldbe made obligatory uponyou and that
you would not be able to mange it.'[3] So Allaah's Messenger salla
allahu alaihe wa-sallam passed away and the situation remained like
that."
When Prophet salla allahu alaihe wa-sallam was taken by Allaah, the
Sharee'ah had been completed and this fear had ceased (i.e. that
Taraaweeh would be made obligatory) and so it remained prescribed
incongregation - since the reason preventing it had ceased.
Tarteel - recitation in slow, rhythmic tones
It was the practice of the Prophet salla allahu alaihe wa-sallam to
reciteone verse at a time, pausing after every verse. He used to
recite the Qur'aan in slow, measured, rhythmic tones as Allaah had
instructed him, not raising or hurrying, rather; his was "a recitation
clearly distinguishing each letter," [4] so much so that he would
recite a soorah in such slow rhythmic tones that it would be longer
than it would seem possible." [5]
The Length and Beauty ofthe Prayer
There are a number of Ahadeeth which mentionhow the Prophet would
sometimes exceedingly lengthen his recitation ina single rak'ah, so it
is not surprising when 'Abdullah ibn Mas'ood said: "I prayed with the
Prophet salla allahu alaihe wa-sallam one night and he carried on
standing for so long that I was struck by a wrong idea." He was asked,
"What was this idea?" He said, "I thought I would sit down and leave
the Prophet salla allahu alaihe wa-sallam" [6]
And in another narration we learn that the Messenger salla allahu
alaihe wa-sallam recited Soorat al-Baqarah (286 verses), an-Nisaa'
(176 verses) and Aal-lmraan (200 verses) all in one standing. [7] Just
imaginethat! How long does it take to recite just half of Soorat
al-Baqarah: then all of it, then Soorat an-Nisaa' etc!! And remember
the Prophet salla allahu alaihe wa-sallam recited in a 'slow, rhythmic
style' and then he would go into Rukoo' and Sujood. He salla allahu
alaihe wa-sallam used to make his Qiyaam (standing), hisRuku, his
standing after rukoo', his sujood, and his sitting between the two
sajdahs, nearly equalin length. [8] When 'Aa'isha asked why he salla
allahu alaihe wa-sallam offered such an unbearable prayer; which
caused his feet to swell due to the prolonged standing, he humbly
replied:"Should I not be a thankful servant?"[9]
It is not being said that the Taraaweeh prayer offered in congregation
must be as long as this, but on mere reflection does it not leave much
to be questioned and sought when we compare our sad state of affairs
today? What has befallen Muslims these days? In their Salaah and
Qiyaam is fast recitation of the verses of the Qur'aan and hurried
movements which hardly resemble the Ruku, Sujood and other positions
in Salaah - what benefits can we possibly hope to secure by neglecting
the Sunnah?
Best Time for Taraweeh:
The majority of mosques hold taraweeh prayer after salaat al-Ishaa,
and by doing so they are ableto accommodate the varying needs and
conditions of those who attend, (i.e. amongst them there may be the
weak, sick, old etc.) attract more people due to the convenient
earlier timing which in turn encourages families to bring along their
younger children and those being only a few ofthe benefits. Therefore
it is good thing and we know lslaam does not impose any hardships.
However if you are praying taraaweeh at home, then it is worth knowing
that it is best to delay the taraaweeh prayer to the last third
portion of the night. Allah's Messenger salla allahu alaihe wa-sallam
said:"The nearest that a slave comes to his Lord is during the middle
of the later portion of the night.If you can be among those who
remember Allaah, the Exalted One, atthat time then do so."[10]
Also, once when 'Umar ibn al-Kattaab went out during Ramadaan and saw
the people praying taraaweeh, he commented, "prayer at the time when
they sleepis better than at the time when they are praying it." Since
the people usedto pray in the early part of the night. [11]
Know also dear reader; that it is the time when Allaah descends to the
lowest Heaven during thelast third of the night, inquiring (though He
knows everything).
"[Is there anyone] who invokes Me, so that I may respond to his
invitation?[ls there anyone] who asks Me, so that I may grant him his
request? [Isthere anyone] who seeks My forgiveness, so that I may
forgive him?" [12]
Laylatul-Qadr:
We are encouraged to exert our efforts even further; towards the end
of Ramadaan while seeking out Laylatul-Qadr. 'Aa'isha reported that
Allah's Messenger salla allahu alaihe wa-sallam used to exert himself
in devotion during the last ten nightsto a greater extent than at any
other time. [13]
Allah's Messenger salla allahu alaihe wa-sallam said:"Whoever stands
[in prayer] in Lailatut Qadr out of Eemaan and seeking reward, then
his previous sins are forgiven."[Bukhari and Muslim]
Moderation:
As with all aspects in lslaam, moderation and consistency are the
cardinal words - avoidingthe two extremes i.e. negligence and
excessiveness, and this is the correct position. He salla allahu
alaihe wa-sallam said:"The deeds of anyone of you will not save you
(from the hell fire)."They said, 'Even you (will not be saved by your
deeds) O Messenger of Allaah?" He said,"No, even I (will not be saved)
unless and until Allaah bestows His Mercy on me. Therefore, do good
deeds properly. Sincerely and moderately, and worship Allaah in the
forenoon and during a part of the night and always adopt amiddle
moderate, regularcourse whereby you will reach your target (i.e.
paradise)."[14]
Allah has ordained the compulsory prayer, after which the most
excellent prayer is the night prayer[15] and that which I have
mentioned regarding its characteristics is applicable in every prayer-
whether compulsory or voluntary (i.e. such as Taraaweeh). It is not
possible for us to perform prayer as it should be performed, or even
approach it, unless we know the detailed description of the Prophet's
(sallallahu alaihi wa-sallam) prayer. [16] I hope that the
significance of the Taraaweeh prayer has been correctly established
and I pray that it's a benefit to all those rushing to fulfill
hiscommand."Pray as you have seen me praying."[l7]
FOOTNOTES:
1. Saheeh AL- Bukhari (eng. Tran. Vol.2, p. 126,no.227)
2. Fiqh us-Sunnah (v.2, p.28). It is preferred for women to pray at home.
3. Saheeh - Related by al-Bukhari from Urwah (eng, trans. Vol.3,
p.127, no.229) and Muslim from Aaisha' (eng. Trans.
Vol.1, p.367, no.1667). Note that this Hadeeth is a proof that
performing the Taraweeh prayer in congregation was a
Sunnah of the Prophet which Umar later revived and it was not a new
practice which he inventedas many claim.
4. Related by Ibn al-Mubaarak in Az-Zuhar [162/2 from al Kawaakib575]
Aboo Dawood and Ahmed with a saheeh isnad.
5. Related by Muslim and Malik.
6. Saheeh related by al-Bukhari (eng. Trans. v.2, no.236) and Muslim.
7. Saheeh related by Muslim (eng. Trans. V.1, no. 1697) and Nasaa'ee.
8. Related by al-Bukhari (eng. Trans. vol. 1, Pg. 424 no.766) and
Muslim (eng. Trans. vol.1 Pg.250 no.953).
9. Related by Bukhari (eng. Trans. vol.2 Pg. 129 no.230)
10. Related by at-Tirmidhee, an Nisa'ee & al-Haakim: al Mishkat 1229.
11. Related by al-Bukhari (eng. Trans. vol.3 Pg.126 no.227).
12. Bukhari (eng. Trans. v.2 #.246), Muslim (eng. Trans. V1 # 165/7).
13. Releted by Muslim (eng. Trans.vol.2 Pg.576, no.2644)
14. Related by al-Bukhari (eng. Trans. v.8, #..470) from Aboo Hurayrah.
15. Related by Muslim from Aboo Hurayrah.