Abandonment - I

The Muslim society is a harmonious one where love and unity prevail.
The Sharee'ah encourages everything that strengthens the spirit of
brotherhood among members of this society and prohibits anything that
may negatively affect this spirit. One of the negative morals that has
been prohibited by Sharee'ah is abandonment.
The Meaning of Abandonment
Abandonment means forsaking others, and thismay occur in different ways:
- Physically, as mentionedin the Quranic verse where Allaah The
Almighty Says )what means(:}forsake them in bed{]Quran 4:34[
- Morally, by the tongue and heart, as mentioned in the Quranic verse
where Allaah The Almighty Says )what means(:}And the Messenger has
said, "O Lord! Surely, my people have taken to themselvesthis Quran as
a thing abandoned."{]Quran 25:30[
- Physically and morally, as meant in the Quranic verse )which
means(:}And ]endure[ patiently what they ]the disbelievers[ say, and
abandon them with gracious abandonment.{]Quran 73:10[, or as meant in
the Quranic verse )what means(:}And uncleanliness abandon.{]Quran
74:5[
Types of Abandonment and Its Islamic Ruling
In principle, abandoning Muslims is prohibited; however, in some cases
itis permissible. The ruling of abandonment varies according to the
case of the abandoned person.
Abandoning the Wife
Abandoning the wife is permissible in certain cases if she becomes
arrogant or is feared to become so. Allaah The Almighty Says )what
means(:}But those]wives[ from whom you fear arrogance - ]first[ advise
them; ]then if theypersist[, forsake them in bed.{]Quran 4:34[ The
wife is only to be abandoned in bed. This issupported by a Hadeeth on
the authority of Mu'aawiyah ibn Al-Qushayriwhere he said: "I said, 'O
Messengerof Allaah, what right can any wife demand of her husband?' He
replied:'You should feed her when you eat and clothe her when you
clothe yourself. You should not strike her on the face, and do not
revile her or abandon her except in bed.'" ]Abu Daawood, Al-Albaani -
Hasan Saheeh[
Abandoning the wife in bed means not having sexual intercourse with
her and sleeping with one's back turned to her. According to Islamic
scholars, this abandonment should notexceed one month as mentioned by
Al-Qurtubi. Nevertheless, it should be preceded by advising one's wife
and reminding her of Allaah The Almighty. Also, one should clear up
any doubts with his wife leniently and gently. Furthermore, he should
supplicate for her earnestly repeating the supplication that is
mentioned in the verse)what means(:}And those who say, "Our Lord,
grantus from among our wivesand offspring comfort to our eyes and make
us an example for the righteous."{]Quran 25:74[
Abandoning One's Fellow Muslims
Abandoning one's fellow Muslims is a grave major sin if it lasts for
more than three days, and if it is not for a Sharee'ah-approved reason
as this leads to the severing of relations as well as harm and
corruption. This is supported by many Hadeeths like that one onthe
authority of Abu Ayyoob Al-Ansaariwhere the Prophetsaid:"It is not
lawful for aMuslim to abandon his brother for more than three nights
]such that[, when they meet, they turn their backs to each other - and
the better of the two is the one who isthe first to greet the
other."]Al-Bukhaari and Muslim[
In a Hadeeth on the authority of Abu Hurayrahthe Prophetsaid:"It is
not lawful for a Muslim to abandon his Muslim brother for more than
three days; and whoever does so andthen dies, will enter Hell."]Abu
Daawood, Al-Albaani - Hasan[
In a Hadeeth on the authority of 'Aa'ishahthe Prophetsaid:"It is not
right for a Muslim to abandon another Muslim for more than three
days.Then if he meets him andgives three salutations, receiving during
that time no response, the other bears his sin."]Abu Daawood,
Al-Albaani - Hasan[
In a Hadeeth on the authority of Abu KhiraashAs-Sulamihe said that he
heard the Prophetsay:"Abandoning one's brother for a year is like
shedding his blood."]AbuDaawood, Al-Albaani - Saheeh[
Hence, it is prohibited fora Muslim to abandon his Muslim brother for
more than three days because this leads to social disintegration.
However, there are exceptions to this rule. Abandonment ispermissible
if it would rectify religiously the abandoned person or theone who
abandons; otherwise, it is prohibited. The Prophetand the honorable
Companions abandoned the three who did not join them in Jihaad, for
fifty days until revelation descended and affirmed that their
repentance had been accepted. Allaah The Almighty Says)what
means(:}And ]He also forgave[ the three who were left behind]and
regretted their error[ to the point that the earth closed in on them
in spite of its vastness and their souls confined them and they were
certain that there isno refuge from Allaah The Almighty except in Him.
Then He turned to them so they could repent. Indeed, Allaah The
Almighty is the Accepting of Repentance,the Merciful.{]Quran 9:118[
Abandoning One's Kindred
Abandoning one's kindred is a grave major sin, even if it is for less
than three days, as this implies severing ties of kinship. The
Prophetsaid:"The tie of kinship issuspended from the Throne, and says,
'Whoever maintains me, Allaah will maintain relations with him, but
whosoever severs me, Allaah will sever relationswith him."Also, Allaah
The Almighty commanded us to maintain ties of kinship Saying )what
means(:}And fear Allaah, through whom you ask one another, and the
wombs.{]Quran 4:1[
However, the person who maintains the ties ofkinship is not the one
who does so because his relatives do so with him. One can maintain his
ties of kinship in different ways like giving gifts, visiting, and
sending greetings and letters. Moreover, one can maintain ties of
kinship with his non-Muslim relatives by giving moneyand the like, as
stated by Imaam Al-Khattaabiand others. If one finds any of these ways
difficult for him, then he should adopt another way or the ways that
he is able to since Allaah TheAlmighty does not chargea soul except
with that which is within its capacity. When some people were about to
sever ties of kinship with their non-Muslim relatives because they did
not adopt Islam, Allaah The Almighty revealed )what means(:}Not upon
you, ]O Muhammad[, is]responsibility for[ their guidance, but Allaah
guides whom He wills. And whatever good you]believers[ spend is for
yourselves, and you do not spend except seekingthe countenance of
Allaah. And whatever youspend of good - it will be fully repaid to
you, and you will not be wronged.{]Quran 2:272[
Moreover, Allaah The Almighty commands us tobe dutiful to our parents
even if they are disbelievers for He Says)what means(:}But if they
endeavor to make you associate with Me that of which you have no
knowledge, do not obey them but accompany them in ]this[ world with
appropriate kindness and follow the way of those who turn back to Me
]in repentance[. Then to Me will be your return,and I will Inform you
about what you used to do.{]Quran 31:15[
Imaam Ath-Thahabiconsidered severing ties of kinship as a grave major
sin, regardless of the reason why it is done.

Fiqh - Abandonment - II

Abandoning the Disobedient and Heretical Innovators
Abandoning the disobedient and disbelieving innovators is required at
all times unless they repent and return to the truth. Whoever reveres
an innovator in religion would thereby be contributing to the
destruction of the religion. When a man of those who denied the divine
decree entered a place where IbnSeereenwas sitting and wanted to speak
about his deviant beliefs, Ibn Seereenblocked his ears with his
fingers and said to him, "Either you leaveor I leave."
Ibn Muflihsaid, "Publicly abandoning whoever commits sins, which are
related to words, deeds or beliefs, is permissible."
Ibn Tameemsaid, "Abandoning disbelieving innovators, disbelievers,
immoral people and those who commit sins publicly, in addition to
abstaining from greeting them is a communal obligation, but it is
disliked for every single person todo this. Moreover, no one should
greet an immoral person who commits sins publicly or an innovator in
religion who openly invites to his innovations. On the other hand, the
Muslim who doesnot commit sins publicly should not be abandoned for
more than three days. Abandoning such people was made lawful to be a
type of treatment rather than a means of destruction; consequently, it
should remain within the proper limits so as notto destroy the person
who was abandoned."
The aim of the Sharee'ah is to maintain people's interests. Also,
there are other factors that must be taken into consideration like how
'strange' Islam is at any given time, rampant ignorance, and the
necessity of adopting leniency and kindness when calling people to
Allaah The Almighty or when refuting any malicious allegation. This is
necessary so that those who perished through disbelief wouldperish
upon evidence, and those who lived in faith would live upon evidence.
'Umar, Abu Ad-Dardaa'and Ibraaheem An-Nakha'iwere of the opinion that
one should not abandon his Muslim brother immediately if he committed
a sin, because a person may sin sometimes but then return to Allaah
The Almighty at other times. This is the best opinion that can accord
with our current conditions, especially when we cannot force people to
be good, not to mention the amount of rampant ignorance that exists in
our time.
Hence, if we find that abandoningsomeone causes him to be more evil,
then it is better to maintain relations with him along with calling
him to Allaah The Almighty.
Abandoning the Husband
It is unlawful for a woman who believes in Allaah The Almighty and in
the Last Day to abandon her husband or refuse to go to him if he wants
to have sexual intercourse with her. In a Hadeeth on the authority of
Abu Hurayrahthe Prophetsaid:"A woman who abandons her husband's bed is
cursed by the angels of Allaah The Exalted."This Hadeeth was narrated
by Ahmad and Al-Bukhaariandthe narration of Muslimhas the
wording:"When a man calls his wife to his bed and she refuses and he
]the husband[ spends the night angry with her, the angels curse her
until morning."In another narration, itis mentioned:"… until she
returns."
It is improper for a wife to use her husband's faults as an excuseto
justify her negligence as there is no connection between the two
matters. She should discharge her obligations and askher rights from
Allaah The Almighty.
The One who Starts by Greeting the Other is the Better One
If abandoning one's Muslim brother is forbidden in principle, then
three days are enough to ridoneself of any negative feelings. The
Sharee'ah considers that the better of two Muslims who are not on good
terms is the one who starts by greeting the other.This meaning was
practically interpreted by the righteous, who were keen on reconciling
people to each other. Abu Al-Hasan Al-Madaa'inisaid, "Al-Hasan and
Al-Husayn, the sonsof 'Ali ibn Abi Taalibdisagreed over something and
abandoned each other. Three days later, Al-Hasancame to his brother
Al-Husaynwhile the latter was sitting and kissed his head. When
Al-Hasansat, Al-Husayn, may Allaah be pleased to him, said to him, 'I
did not come to you first because you aremore deserving of this merit
thanme. Therefore, I detested having what you are worthier of.'"
The Harm of Abandoning one's Fellow Muslims
It is known that abandoning one's Muslim brothers without a
Sharee'ah-approved reason causes a great deal of harm to the society
and the individual. Abandoning Muslims is detestable and incurs the
anger of Allaah The Exalted against those who abandon each other. It
also delays the forgiveness of Allaah The Almighty and is a trap of
the devil through which he induces his followers to drive them to
Hell. Mujaahidsaid, "The good deeds of the uncircumcised person and
the one who abandons his Muslim brother unjustly are suspended until
the former is circumcised and the latter repents."
In a Hadeeth on the authority of Abu Hurayrahthe Prophetsaid:"The
doors of Paradise are opened on Mondays and Thursdays. Every slave who
does not associate anything with Allaah The Almighty will be granted
pardon except the person in whose heart there is rancor against his
brother. It would be said: 'Delay their pardon until they are
reconciled.'"
In general, one must abandon sins, disobedience of Allaah The Almighty
and everything that might lead to them. Also, and more specifically,
he must also beware of abandoning the Quran and other acts of worship
and obedience to Allaah The Almightywho Says )what means(:}And the
Messenger has said, "O Lord! Surely, my people have taken to
themselves this Quran as a thing abandoned."{]Quran 25:30[

Fiqh - Artificial Insemination

Allaah The Almighty Says)what means(:}And Allaah has made for you from
yourselves mates and hasmade for you from your mates sons and
grandchildren and has provided for you from the good things. Then in
falsehood do they believe and in the favor of Allaah they
disbelieve?{]Quran 16:72[. Allaah The Exalted also Says)what
means(:}He gives towhom He wills female]children[, and He gives to
whom He wills males. Or He makes them ]both[ males and females, and He
renders whom He wills barren. Indeed, He isKnowing and
Competent.{]Quran 42: 49-50[.
In addition, the Prophetsaid:"Marry women who are loving and very
prolific, so I will outnumber all other nations through you."]Abu
Daawood and An Nasaa'i[
Continuous reproduction is of a great importance in the life of man in
order for him to preservehis existence and perform his mission of
constructing the earth. Nevertheless, one of the spouses – or both -
may suffer infertility which deprives them from having righteous
offspring.
Science discovered artificial insemination as a means to treat
infertility in the husband or wife and in the case ofa delay in
pregnancy in a number of cases, including:
- The blockage of the fallopian tubes extended to the two sides of the
uterus or the absence thereof.
- The presence of antibodies in the secretions of the cervix and vagina.
- Low sperm count in men.
Forms of Artificial insemination:
There are various forms of artificial insemination.However, they are
divided into: permissible according to the restrictions set forth by
Islam or impermissible for contradicting the principles of the Islamic
Sharee'ah. These forms can be presented as follows:
The Permissible Forms Include:
- Taking the sperm specimen from the husband and injecting it into the
uterus of his wife by way of internal fertilization.
- Taking two samples; one from the semen of the husband and the other
from the ovum of the wife. They are fertilized externally in a test
tube. Then, the embryo is implemented in the uterus of the wife, the
owner of the ovum.
Impermissible forms Include:
- Inserting the semen of acertain male, who is known to the doctor but
unknown to the married couple, into the uterus ofa woman. This is
after having taken her consentand the consent of her husband provided
that the donor shall not knowto whom his semen will be given.
- Collecting the semen of many men and donating them to the sperm
bank. Then, it is used to fertilizethe woman who
requestsfertilization.
- External fertilization in a test tube between the sperm of a man and
an ovum of a woman who isnot his wife and this manand woman are
referred to as donors. Then the embryo is implemented in the womb of
another married woman who desires to give birth. This applies in cases
of barrenwives as a result of problems in the ovaries but a healthy
uterus as well as in case of barren husbands.
Regulations of Artificial Insemination:
Jurists have set forth a number of regulations that protect the
individuals, the family and society, such as:
- Taking extremely intense precautions in assuring that the ovum is
not confused with other fertilized ova.
- The husband or someone he trusts shall attend the process of
insemination from the point of taking the spermand the egg until
inserting them into the woman's uterus.
- Recording the data of the process in full in order to avoid any
circumstances that may lead to intermixing of lineages.
- Affirmation of the professional and ethical integrity of the
physicians and medical staff who perform the process of insemination.
The issue, from the very beginning, should be enveloped by faith in
fate and divine decree as Allaah The Exalted Says)what means(:}He
gives to whom He wills female]children[, and He gives to whom He wills
males. Or He makes them ]both[ males and females, and He renders whom
He wills barren. Indeed, He isKnowing and Competent.{]Quran 42:
49-50[.

Fathwa - My Future sister-in-law has removed her Hijab

Question:
I am a practising muslimah who comes from a conservative and educated
practising sunni muslim family (Mashallah). My sisters and I all
observe hijaab and we all try tobetter ourselves as muslims each day.
Last year while at university my brother met a muslimah and they
developed an understanding - through this understanding this Muslimah
started to observe hijaab and also started to pray salah. By the tail
end oflast year they got engaged with my father's blessing.
Earlier this year I heard rumours that my brothers fiancee had removed
her hijaab. Naturally I didn't want to believe it because I hadn't
seen it for myself. Eventually I saw it for myself. As a result other
girls at university started to question myself and my sisters about
the actions of my brother'sfiancee. Given the situation, there is not
a lot we can say since she refuses to speak tous about it.
At this moment in time I am absolutely furious about what this girl
has done. She has not only hurt my brother's feelings but she didn't
stop to thinkwhat consequences her actions would have on others around
her (Firstly displeasingAllah (swt) by withdrawing from a compulsory
Fard and secondly hurting my family's feelings - especially my
parents).At this moment in time I have lost all respect for this girl.
I feel she is unsuitable for my brother and I feel that she would
never fit into our family. We are inclinedto believe that her decision
to wear hijaab in the first instance was to merelygain approval for
engagement, following which she removed it, hence deceiving us - may I
stress that we made absolutely no indication that we required her to
wear the hijaab in the first place but naturally we were very pleased
with her decision to do so and built respectfor her. For her to
voluntarily take on a fard and then withdraw from it is wrong.
The question I would like to raise is therefore - as future in-laws to
this muslimah, are my parents entitled to question her actions and
request that she re-adorn her hijaab before marriage?
Answer:
In the Name of Allah, the Gracious, the Merciful.
Dear Sister,
I pray this message finds you and your family well.
If your parents want to talk to your brother's fiancee about her
hijab, they need to do so with the utmost caution and discretion. I
can understand how everyone has been upsetby this, but there are
several points to keep in mind:
1. Your brother met this young woman and became attracted to her even
though she did not cover. It's possible that her motivation in
covering may have been to please your brother. The problem with
speculating about her motivation is, firstly, she is not here to tell
us. Secondly, only Allah Ta'ala knows what is in her heart. And,
thirdly, we need to learn to deal with people as we find them, and not
how we want them to be. If your brother wanted someone who was strong
about her hijab, then choosing this particular sister may not have
been ideal to beginwith.
2. The decision to wear hijab may be one of the most important
decisionsa woman ever makes. Consequently, this decision should come
about as a result of reflection, remembrance of Allah, and one's own
personal volition. Unfortunately, when sisters cover under pressure,
the desire to please Allah is submerged under the desire to make
everyone else happy. The bottom line is: we don't cover to please
people. We cover to please Allah.
3. Your parents can certainly discuss their expectations with this
young woman. But this brings me back to my original point: we don't
bring people into our lives, determined to change them. Change has to
be from within. It is very possible that this sister may decide to
wear hijab again. And it's also quite possible that she may never do
so. All you can do is pray for her, wish the best for her, and
continue to encourage her. Being judgmental or harsh will not help.
4. Finally, this is really a decision your brother will have to make.
Is he willing to have a wife that is uncovered? Men are responsible
for the wellbeing of their families, and part of this includes making
sure that everyone is carryingout his or her religious duty. This will
have to be approached with sensitivity.
I pray that Allah Ta'ala gives this young woman the conviction to do
what is most pleasing to Him.
And Allah knows best.