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Tuesday, September 3, 2013

Dought & clear - What is the ruling on eating beef that the country imports via smuggling and bribery?

I am from Bangladesh and the state cannot provide beef for its
inhabitants who number one hundred and forty million. On theother side
of the border,India is a huge country and they do not eat beef and
some states in India do not allow the Muslims to eat beef. Hence the
demand for cattle in Bangladesh hasled to a huge trade in smuggling
the animals, because India does not sell cattle legally. Hence some
people smuggle thousands of cattle to Bangladesh every day, and they
pay bribes at the Indian border and at the Bangladeshi border for the
purpose of smuggling.
My question is: 99% of the meat that is available – and the cows that
are slaughtered on Eid – are smuggled illegally from India.
Is it permissible for us to eat the meat of cattle that come to us by
means of bribery and smuggling?
Praise be to Allah.
There is no sin on you for buying beef in your country and eating it,
even if smuggling is widespread, for the following reasons:
Firstly:
The basic principle is that it is permissible to eat meat that is sold
in Muslim markets without asking or enquiring into its origin and
source, on the grounds that what appears to be the case is that the
meat is being sold in a permissible manner in a legitimate
marketplace; so the Muslim should not concern himself with asking
questions or examining details. The Mother of the Believers 'Aa'ishah
(may Allah be pleased with her) narrated that some people said: O
Messengerof Allah, some people bring meat to us and we do not know
whether they mentioned the name of Allah over it or not. The Messenger
of Allah (blessings and peace of Allah be upon him) said: "Say the
nameof Allah over it and eat it."
Narrated by Muslim in hisSaheeh(2057).
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
We learn from this that everything that is found in the markets of the
Muslims may be taken as legitimate.
End quote fromFath al-Baari(9/635).
Ibn al-Qayyim (may Allah have mercy on him) said:
(The scholars) were unanimously agreed that it is permissible to buy
meat without askingfor proof that it is halaal,being content with the
word of the slaughterer and the seller.
End quote fromI'laam al-Muwaqqi'een(2/181)
Secondly:
If we assume that there is something wrong, it only affects the one
whois doing the smuggling and breaking the law. Asfor the buyer
himself, heis not committing any sin or doing anything wrong, and he
is not helping in any sin or transgression. Allah, mayHe be glorified
and exalted, says (interpretation of the meaning):
"No person earns any (sin) except against himself (only), and no
bearer of burdens shall bear the burden of another. Then unto your
Lord is your return, so Hewill tell you that wherein you have been
differing"
[al-An'aam 6:164].
Thirdly:
Beef that has been slaughtered properly is halaal meat according tothe
consensus of the fuqaha', and it does not become haraam if it reaches
the country by illegal means. The prohibition [on smuggling] does not
apply to the meat itself, contrary to the case if the cow is
slaughtered in a way that is not prescribed in Islam, such as if the
name of Allah is not mentioned over it orit is slaughtered in a manner
other than that used by the Muslims. In that case its meat is haraam.
As for smuggling, the prohibition does not make the meat haraam;
rather the wrongdoing in this case is limited to breaking the law of
the land.
Fourthly:
The fact that the people would suffer a great deal of hardship if a
fatwa were to be issued forbidding them to buy this meat is sufficient
evidence that it is permissible. According to what is mentioned in the
question, the vast majority of the meat that is sold in the
marketplaces comes from the smuggling mentioned. Moreover, there would
be a huge rise in prices if this source of meat was banned. The basic
shar'i principle on which thereis scholarly consensus says that
hardship makesit permissible to be lax inimplementing shar'i rules.
To sum up:
Regardless of the laws ofthese countries and whether they allow the
importing of cattle or not, and regardless of the extent to which that
serves the interests of the people or not, none of that has any impact
on the meat of these cattle, even if the consumer is certain that it
comes from smuggled cattle.
And Allah knows best.

Islam and Taking accountof oneself or Self-Appraisal (Muhasebe)

Accounting is a characteristic found in human nature, irrespective of
his country, ancestry, community or religion. Man is always
preoccupied about things that shall benefit or harm him; he is
alwaysworried about his future,his wealth, property and about other
things. His mind is always analyzing his strengths, weaknesses,
opportunities and threats.
Accounting is of various kinds. Generally, man takes an account of
thosethings that are related to this temporary world. At such times,
he forgets that there is someone else too, who is taking (his) account
and whose rewards are everlasting. He is so absorbed in the accounting
of this colourful and attractive world, that he has forgotten the
terrifying accounting that shall take place in the grave orthe
impartial accounting of the Day of Mahshar (Day of Gathering on the
Last Judgment). Man is busy in finding faults in others. He forgets to
takeaccount of himself and see how much he is immersed in sins and how
many flaws lie within his own self.
Rather, man should makehis own self so strong and powerful, that it
becomes his advisor. The 'self' of man should exhort him towards all
obligatory acts and refrain him from committing all prohibitedacts.
Today, so much timeis being wasted in backbiting, accusing others,
watching television and committing other sins. Man must realize that
everything will be accounted for. The way you trained your children,
the way you spent your money, whether you have usurped any one's
right, even if it is a material right, to the extent that even if you
have done good or evil of the size ofa mustard seed, it will be
accounted for. The Day ofJudgment is also referredto as 'The Day of
Lamenting'. As Allah (SWT) mention in Noble Qur'an: Whether you show
what is in your mind or conceal it, Allah is well aware of that and
will call you to, account therefore. (2:284)
It is for this very reason that Holy Prophet Mohammad (saw)has
narrated, "Take account (of your deeds) yourself before you are taken
account of (by Allah [SWT])". Bihar al-Anwar
In the Wasiyyah (will) of Holy Prophet Mohammad (saw) to his companion
(Sahabah)Abu Dharr al-Ghifari (ra), Holy Prophet Mohammad (saw) says:
Oh Abu Dharr! Take account of yourself before you're taken account of
so your accounting will be easier tomorrow. And weigh yourself before
you are weighed and prepare forthe great staging; the day you will be
presented, not the least of a hidden thing of you will be hidden from
Allah (SWT).
Another companion (Sahabah) Abdullah Bin Mas'ud (ra) narrated that
Holy Prophet Mohammad (saw) said, "A man shall be asked concerning
five things on the day of resurrection: concerning his life, how he
spent it; concerning his youth, how he grew old; concerning his
wealth, whence he acquired it, and in what way he spent it; and what
was it that he did with the knowledge that he had." (Tirmidhi 5197)
Take account of yourself before the weighing scale is established. And
be prepared for a great accounting. Just as man carries a watch in
order to keep track of time, in the same manner, he should assign a
watch forhimself that will keep a track of his daily activities. He
should check everyday the actions that are beneficial to him and the
actions that harm him. Every night when we lie down on the bed, we
should analyze our entireday and scrutinize each and every of our
actions. 'What did we eat?' 'What did we earn?' 'Did we commit any
sin?' At the same time we should alsoremember about the Day of Qiyamat
(day of resurrection). If we find that we have performed good actions,
then we should praise Allah (SWT) and if we find that we have
performed bad actions, then we should seek forgiveness from Him and
resolve not to repeat them.
It was asked from Imam Ali (as): How should a person take account of himself?
Imam Ali (as) replied: When a person ends his day, then he should turn
towards himself and say 'O self! This day that has passed will not
return. Allah (SWT) will ask you about how you wasted your day. He
will ask you about the actions you performed, whether you remembered
Him and praised Him? Whether you fulfilled a right of your fellow
believer? Did you remove a difficulty that befell upon a believer? Did
you protect his children in his absence? Did you safeguard his rights
afterhis death? Did you - on account of your position - prevent anyone
from backbiting your believing brother? Did you help any Muslim
throughout the day?
Thus every man should ponder over his actions that he has performed
during the day. If he finds that he has done good actions, then he
should praise Allah (SWT) for giving him the opportunity (Taufeeq).
But if he finds that he hascommitted sins, then he should seek
forgiveness from Allah (SWT) and make a firm intention that he shall
not repeat that act again.
Then let us be strict with ourselves every time we account for
ourselves, just as a master is strict with his slave, or as a partner
takes account of another partner. So account of yourself before your
account is taken which will be so severe that there shall be no scope
for rectification.

Islam and Self-Judgment and Self-Control

Ayatulla Agha Haji Mirza Mahdi Pooya says this state of cautiousness
and precaution is Taqwa, the highest form of God mindedness.
Self-Judgment is to call oneself to account every day regarding the
good deeds and wrongdoings. If the scale of acts of obedience
overweighs that of acts of disobedience, we must thank Allah (SWT),
lest wemust discipline ourselves.
Self-Control stands for protecting oneself against breach of the
obligatory religious rites and the commitment of the forbidden.
It is necessary for the rational to train himself on self-judgment and
self-control, since all human souls are susceptible to evil. If
theyare neglected, they go away from the right, but if they are
controlled by means of guidance, they shine with virtues:
"... And (I swear) by the soul and that (Power) which designed it and
inspired it with knowledge of evil and piety, those who purify their
souls will certainly have everlasting happiness and those whocorrupt
their souls will certainly be deprived of happiness." Noble Qur'an
(91:7-10)
Holy Prophet Mohammad (saw) said: "Before you do a matter that you
intend, you should investigate its end result; if it is good, you then
should keep on. If not, you should not do it."
Imam Ali (as) related: When he received the warriors that he had
appointed for a campaign, Holy Prophet Mohammad (saw) said to them:
"Welcome to the people who performed successfully the minor Jihad.
Their mission now is to perform completely the major Jihad. The major
Jihad is self-control. The best form of Jihad isto strive one's
desires and whims."
Self-Confidence that gavehim the power:
A business executive was deep in debt and could see no way out.
Creditors were closing in on him. Suppliers were demanding payment. He
sat on the Park bench, head in hands, wondering if anything could save
his company from bankruptcy.
Suddenly an old man appeared before him. "I can see that something
istroubling you," he said. After listening to the executive's woes,
the old man said, "I believe I can help you." He asked the man his
name, wrote out a check, and pushed it into his hand saying,"Take this
money. Meet me here exactly one year from today, and you can pay me
back at that time." Then he turned and disappeared as quickly as he
had come.
The business executive saw in his hand a check for $500,000, signed by
John D. Rockefeller, then one of the richest men in the world! "I can
erase my money worries in an instant!" he realized. But instead, the
executive decided to put the un-cashed check in his safe. Just knowing
it was there might give him the strength to work out a way to save his
business, he thought.
With renewed optimism, he negotiated better deals and extended termsof
payment. He closed several big sales. Within afew months, he was out
of debt and making money once again. Exactly one year later, he
returned to the park withthe un-cashed check. At the agreed-upon time,
the old man appeared. But just as the executive was about to hand back
the check and share his success story, a nurse came running up and
grabbed the old man.
"I'm so glad I caught him!" she cried. "I hope he hasn't been
botheringyou. He's always escapingfrom the rest home and telling
people he's John D. Rockefeller." And she led the old man away by the
arm. The astonished executive just stood there, stunned. All year long
he had been wheeling and dealing, buying and selling, convinced he had
half a million dollars behind him.
Suddenly, he realized that it wasn't the money, real or imagined, that
had turned his life around. It was his newfound self-confidence that
gavehim the power to achieveanything he went after.

Monday, September 2, 2013

Fathwa, - Responsibilities regarding womenfolk

Question:
As salaam alaikum,
Shaykh, my question isregarding sisters. If one's sister is not
married and, due to her fussy nature, seems unlikely to marry in the
near future, does the responsibility of her welfare lie upon the
father's shoulders? Taking into consideration the fact that she is in
her mid 30's and her father is in his mid 60's. She works and
socializes as she wishes, but she is punctual regarding Salaah etc.
And I know for certain she only socialises with fellow Muslimahs. The
fact that she has refused allproposals given, does this make my father
sinful and will the sin in-turn fall upon me her younger brother (but
the eldest of two brothers). Also, I intend to study abroad, would the
responsibility of my sister fall upon my head if my father was to pass
away, taking into consideration the independent nature of women (my
sister most definitely included) in the West. For example I am almost
certain she would not travel abroad with me, and I probably wouldn't
be able to afford it (myself being married).
Shaykh, sorry for the awkward way I have written my question, it's
more a query needing advice than a formal question. Anyhow, thanks for
taking the time to consider and hopefullyprovide a solution to my
situation.
Answer:
In the Name of Allah, the Gracious, the Merciful.
Dear Brother,
1. Refusing marriage:
Your sister's refusal to get married is not a sin. Your father is also
not responsible if his daughter refuses to get married. You also do
not incur any sin if your sister keeps refusing marriage. That is her
prerogative.
2. According to a previous answer by Shaykh Muhammad ibn Adam
al-Kawthari, your father is generally required to support his grown
daughter, provided he is able and she is in need of support.However,
he may ask his daughter to assist in her maintenance, although he may
not ask her to work outside the home. Please visit Fiqh of
financially supporting one's parents and other relatives.
3. If your father passes away, you will be required to support
yoursister only if you are ableand she is poor and unmarried. Your
first priority is supporting your wife and children. After that, if
you are able, then you should provide for your sister if she is
unmarried. Once again, you may ask her to help out, but you cannot
demand that she work outside the home.
Last but not least, it's best to come to some sort of arrangement that
is beneficial to everyone.If your sister has no problem with working,
then it may be advisable for her to contribute to her upkeep,
especially if your father is getting along in years. In fact, if your
father is himself in need of support, then both you and your sister
must support him, regardless of her marital status.
I pray this helps.
And Allah knows best.