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Tuesday, October 8, 2013

Fathwa, - Convert's Hijab: The Question of Gradualism

Question:
I would like some light on the rule about Hijaab if there are any
exceptions in the case of a Catholic who has now converted, married
with a Muslim man, and is now as I stated following the Islamic
religion. The problem arises when she has heard from the local Sheikh
that she does not NEED to wear hijaab because, if she is not prepared,
then as he said, she is NOT obliged. As far as I know, rules are
rules, Islam is flexible to all at times when required to do so, but I
think that for the Sheikh to say that was not the best advice. She now
has constant conflict with her husband concerning this topic stating
that a �Sheikh� has said that she can. He wants her to wear her
garments as prescribed by his religion because its the right thing to
do and also has heard that its the husband�s duty to see that his wife
dresses accordingly. Is there any exceptions for converts regarding
Hijaab? Is this the husbands duty to see that she wears accordingly?
Was the Sheikh wrong to say what he did?
Answer:
As-Salamu `alaykum:
Hijab is hijab and the duty to cover stands as prescribed; but since
she is a new Muslim she has to take things step by step, just as fard
in Islam was revealed step by step. The Companions were taught Iman
first; then the fara�id.
The husband will be questioned about his household including this
matter. The Holy Prophet, upon him peace, warned against the dayyuth
or one who does not care who sees his wife and daughters in ways they
ought not to be seen by non-mahrams. So the husband is doing the right
thing in principle, as Allah Most High said, {Protect yourselves and
your spouses from the Fire}.
However, there is a good (ma`ruf) way of enjoining the good. Perhaps
this is where the husband is doing it the wrong way, as his wife may
or may not be ready to wear the hijab in the proper manner at this
point. This should not become a conflict where everything becomes a
problem. That is what Shaytan wants.
She has to be treated extra-leniently as she is still among the
mu�allafat al-qulub or those new to Islam. Perhaps the Shaykh
understood this more than the husband. Let her begin with a head-band
and work her way up from there insha Allah. Her socializing with pious
Muslimas will help greatly.
In recapitulation, the answer to the three questions are:
(1) Yes, there are exceptions for converts regarding hijaab, governed
by mental disposition toward Islam, cultural background, cultural,
social, and political context, knowledge, Iman, and other factors. The
Prophet, upon him peace, even permitted an early convert to leave out
certain daily prayers knowing that otherwise he would leave them all
out and knowing that in the future he would be doing them all insha
Allah. It took twenty-three years for many of the obligatory rulings
to become obligatory in early Islam, yet today we want to jump from
zero practice to perfection in 1 day.
(2) Yes, it is the husband�s duty and responsibility to see that hijab
is worn by those responsible to do so in his household, but he must
approach his duty with wisdom and right speech, not inflexibility.
Furthermore, he must be the first one to practice what he preaches AND
provide a good example even in what is not obligatory for him. As
Brother Musa Furber said:
�[T]he brothers should remember that all too often we get strict with
the sisters when we should share part of the burden of responsibility.
We are quite eager when it comes to enforcing the jilbab, khimar,
niqab, and gloves when we�re back home--especially when it comes to
the work place and at school. Yet you hardly see many of us walking
around with loose fitting shirts, pants, abayah, and
`imamah--especially in those same places. If we expect this from them,
shouldn�t we demand it from ourselves?�
(3) The Shaykh was not wrong to say what he did. He said the right
thing, applying the Qur�anic advices and following Prophetic
precedents. May Allah reward him, help every couple in this state, and
grant us Hikma.
Was-Salam

Fathwa, - RE: Are the female feet awra?

Question:
Please tell me with proof if the female feet are satar. Some students
of Din have given the following two proofs for it being satar whereas
I was instructed differently. They say:
1. In Hidayah and the hashiyah of al-Lukhnowi he is of the opinion
that it is satar
2. That in Shami under the discussion that the hukm of something when
it is munfasil is the same as when it is muttasil here Ibn Abidin (RA)
states that nails that are cut from a female if it is of the fingers
then it is not satar but of the toes then it is satar and cannot be
viewed by a male.
This mas'ala is important since many ladies wear open sandals.
Answer:
Walaikum assalam wa rahmatullah,
To verify a fiqh matter, one must follow the principles of choosing
legal positions in a rigorous manner. This was done by Ibn Abidin in
hisRadd al-Muhtarin a very systematic manner, and explained in
hisSharh `Uqud Rasm al-Mufti,which is why he is the primary source
forfatwain the Hanafi school.
It is clear that women�s feet are not awra from the top references in
the Hanafi school, including1. Marghinani�sHidaya,
2. its commentaryal-`Inayaby Akmal al-Din al-Babarti,
3. Nasafi�sKanz al-Daqa�iq,
4. Zayla`i�s commentary on it,Tabyin al-Haqa�iq
5. Mulla Khusri�sDurar
6. Shurunbulali�s commentary on it,al-Shurunbulaliyya
7.Al-Fatawa al-Hindiyya
8. Haskafi�sDurr al-Mukhtar
9. Ibn Abidin�sRadd al-Muhtari. [See Arabic texts and page references below.]
However, given the difference of opinion regarding them, both within
the Hanafi school and with other schools, it is recommended to cover
one�s feet, though not obligatory.
And Allah alone gives success.
Walaikum assalam wa rahmatullah,
Faraz Rabbani.
في الهداية:( وَبَدَنُ الْحُرَّةِ كُلِّهَا عَوْرَةٌ إلَّا وَجْهَهَا
وَكَفَّيْهَا ) لِقَوْلِهِ عليه الصلاة والسلام { الْمَرْأَةُ عَوْرَةٌ
مَسْتُورَةٌ } وَاسْتِثْنَاءُ الْعُضْوَيْنِ لِلِابْتِدَاءِ
بِإِبْدَائِهِمَا . قَالَ رضي الله عنه : وَهَذَا تَنْصِيصٌ عَلَى أَنَّ
الْقَدَمَ عَوْرَةٌ . وَيُرْوَى أَنَّهَا لَيْسَتْ بِعَوْرَةٍ وَهُوَ
الْأَصَحُّقال الأكمل في العناية شرح الهداية: (1/259)( قَوْلُهُ :
وَهَذَا ) أَيْ قَوْلُ الْقُدُورِيِّ : وَبَدَنُ الْحُرَّةِ كُلُّهُ
عَوْرَةٌ إلَّا وَجْهَهَا وَكَفَّيْهَا ( تَنْصِيصٌ ) مِنْهُ ( عَلَى
أَنَّ الْقَدَمَ عَوْرَةٌ ) ; لِأَنَّهُ لَمْ يَسْتَثْنِهَا . وَرَوَى
الْحَسَنُ عَنْ أَبِي حَنِيفَةَ أَنَّهَا لَيْسَتْ بِعَوْرَةٍ وَبِهِ
قَالَ الْكَرْخِيِّ . قَالَ الْمُصَنِّفُ ( وَهُوَ الْأَصَحُّ ) ;
لِأَنَّهَا تُبْتَلَى بِإِبْدَاءِ الْقَدَمِ إذَا مَشَتْ حَافِيَةً أَوْ
مُتَنَعِّلَةً فَرُبَّمَا لَا تَجِدُ الْخُفَّ عَلَى أَنَّ
الِاشْتِهَاءَ لَا يَحْصُلُ بِالنَّظَرِ إلَى الْقَدَمِ كَمَا يَحْصُلُ
بِالنَّظَرِ إلَى الْوَجْهِ فَإِذَا لَمْ يَكُنْ الْوَجْهُ عَوْرَةً
مَعَ كَثْرَةِ الِاشْتِهَاءِ فَالْقَدَمُ أَوْلَى وَلَمَّا كَانَتْ
رِوَايَةُ الْجَامِعِ الصَّغِيرِ مِمَّا يَدُلُّ عَلَى أَنَّ الْقَدَمَ
لَيْسَتْ بِعَوْرَةٍ رَتَّبَهَا عَلَى مَا قَبْلَهَا بِالْفَاءفي تبيين
الحقائق شرح كنز الدقائق: (باب شروط الصلاة �1/96)قَالَ رحمه الله (
وَبَدَنُ الْحُرَّةِ عَوْرَةٌ إلَّا وَجْهَهَا وَكَفَّيْهَا
وَقَدَمَيْهَا ) لقوله تعالى { وَلَا يُبْدِينَ زِينَتَهُنَّ إلَّا مَا
ظَهَرَ مِنْهَا } وَالْمُرَادُ مَحَلُّ زِينَتِهِنَّ وَمَا ظَهَرَ
مِنْهَا الْوَجْهُ وَالْكَفَّانِ قَالَهُ ابْنُ عَبَّاسٍ وَابْنُ عُمَرَ
وَاسْتَثْنَى فِي الْمُخْتَصَرِ الْأَعْضَاءَ الثَّلَاثَةَ
لِلِابْتِلَاءِ بِإِبْدَائِهَا ; وَلِأَنَّهُ عليه الصلاة والسلام {
نَهَى الْمُحْرِمَةَ عَنْ لُبْسِ الْقُفَّازَيْنِ وَالنِّقَابِ } وَلَوْ
كَانَ الْوَجْهُ وَالْكَفَّانِ مِنْ الْعَوْرَةِ لَمَا حَرُمَ
سَتْرُهُمَا بِالْمِخْيَطِ وَفِي الْقَدَمِ رِوَايَتَانِ وَالْأَصَحُّ
أَنَّهَا لَيْسَتْ بِعَوْرَةٍ لِلِابْتِلَاءِ بِإِبْدَائِهَا .قال منلا
خسرو في الدرر [الذي قال عنه ابن عابدين أنه كتاب مبني على غاية التحقيق]
(1/59)الْحُرَّةُ ) أَيْ جَمِيعُ أَعْضَائِهَا ( عَوْرَةٌ إلَّا
وَجْهَهَا وَكَفَّيْهَا وَقَدَمَيْهَا ) فَإِنَّهَا لَا تَجِدُ بُدًّا
مِنْ مُزَاوَلَةِ الْأَشْيَاءِ بِيَدَيْهَا وَفِي كَفَّيْهَا زِيَادَةٌ
ضَرُورَةً وَمِنْ الْحَاجَةِ إلَى كَشْفِ وَجْهِهَا خُصُوصًا فِي
الشَّهَادَةِ وَالْمُحَاكَمَةِ وَالنِّكَاحِ وَتَضْطَرُّ إلَى الْمَشْيِ
فِي الطُّرُقَاتِ وَظُهُورُ قَدَمَيْهَا خُصُوصًا الْفَقِيرَاتِ
مِنْهُنَّ وَهُوَ مَعْنَى قوله تعالى عَلَى مَا قَالُوا { إلَّا مَا
ظَهَرَ مِنْهَا } أَيْ مَا جَرَتْ الْعَادَةُ وَالْجِبِلَّةُ عَلَى
ظُهُورِهِ وَيُرْوَى أَنَّ الْقَدَمَ عَوْرَةٌعلّق عليه الشرنبلالي في
حاشيته الشهيرة بـ: الشرنبلالية:قَوْلُهُ وَقَدَمَيْهَا ) هَذَا فِي
أَصَحِّ الرِّوَايَتَيْنِ كَمَا فِي الْبُرْهَانِ . ( قَوْلُهُ وَيُرْوَى
أَنَّ الْقَدَمَ عَوْرَةٌ ) أَقُولُ صَحَّحَهُ الْأَقْطَعُ وَقَاضِي
خَانْ وَاخْتَارَهُ الْإِسْبِيجَابِيُّ والمرغيناني وَصَحَّحَ صَاحِبُ
الِاخْتِيَارِ أَنَّهُ لَيْسَ بِعَوْرَةٍ فِي الصَّلَاةِ بِخِلَافِ
خَارِجِهَا وَرَجَّحَ فِي شَرْحِ الْمُنْيَةِ كَوْنَهُ عَوْرَةً
مُطْلَقًا كَذَا فِي الْبَحْرِ لَكِنْ قَدْ عَلِمْت أَنَّ الْقَدَمَيْنِ
لَيْسَا مِنْ الْعَوْرَةِ فِي أَصَحِّ الرِّوَايَتَيْنِ .و في الفتاوى
الهندية: (1/60)بَدَنُ الْحُرَّةِ عَوْرَةٌ إلَّا وَجْهَهَا وَكَفَّيْهَا
وَقَدَمَيْهَا . كَذَا فِي الْمُتُونِقال الإمام الحصكفي في الدر المختار
شرح تنوير الأبصار: (باب شروط الصلاة)جَمِيعُ بَدَنِهَا ) حَتَّى
شَعْرُهَا النَّازِلُ فِي الْأَصَحِّ ( خَلَا الْوَجْهِ وَالْكَفَّيْنِ )
فَظَهْرُ الْكَفِّ عَوْرَةٌ عَلَى الْمَذْهَبِ ( وَالْقَدَمَيْنِ )
عَلَى الْمُعْتَمَدِقال ابن عابدين في رد المحتار: (و قد وافق فيها ما
اعتمده الحصكفي كما هو بين:)( قَوْلُهُ عَلَى الْمُعْتَمَدِ ) أَيْ مِنْ
أَقْوَالٍ ثَلَاثَةٍ مُصَحَّحَةٍ ثَانِيهَا عَوْرَةٌ مُطْلَقًا
ثَالِثهَا عَوْرَةٌ خَارِجَ الصَّلَاةِ لَا فِيهَا

Fathwa, - RE: Hijab in front of non Muslim women

Question:
I live on an all female college campus in a residence hall. Since
coming to Islam and adopting hijab, I have not allowed any non Muslim
woman to see me without hijab (covering everything including hair,
neck, ears, etc...) This year I am a resident assistant and find it
very difficult, even though I have my own room, to constantly keep my
hijab on in front of my non-Muslim female residents (though I have
been doing it). I heard from another Muslima that since this is a
hardship, it may be permissible for me to wear a different style of
hijab (one that leaves my neck and ears uncovered as long as I cover
the rest). This would of course only take place when I could be sure
that no man would see me. Is this permissible for me?
Answer:
Walaikum assalam wa rahmatullah,
The Hanafi position is that it is obligatory to cover in front of
non-Muslim women. Follow this as much as you can.
It is permitted to follow the Shafii or Hanbali positions on this point.

Etiquettes of Supplicating- I

During the caliphate of 'Umar ibn Al-Khattaab, May Allaah Be Pleased
with him, there was no rain for an entire year and the people were
about to perish. So 'Umar, May Allaah Be Pleased with him, gathered
the people and they went out to the desert. He then asked Al-'Abbaas,
May Allaah Be Pleased with him, the paternal uncle of the Prophetto
invoke Allaah The Exalted for the Muslims. Al-'Abbaas, May Allaah Be
Pleased with him, raised his hands towards the sky and said, "O
Allaah, we stretch our hands to You admitting our sins and our
forelocks to You declaring our repentance, so Grant us rain." Thus,
Allaah The Almighty Sent down the rain.
The mother of Anas ibn Maalik, May Allaah Be Pleased with them, went
to the Messenger of Allaahwhile holding the hand of her son Anas to
serve the Prophetand asked him to supplicate Allaah The Exalted for
him. The Prophetinvoked Allaah The Almighty Saying,"O Allaah, Bless
his wealth and offspring."]Al-Bukhaari and Muslim[ Anas, May Allaah Be
Pleased with him, lived until his wealth and offspring increased in
abundance and he saw one hundred of his children and grandchildren.
Supplication )Du'aa'( means to ask for pardon, mercy, forgiveness and
to ask Allaah The Almighty for what one wants to achieve. It is one of
the acts of worship that earns the Satisfaction of Allaah The
Almighty. The Prophetsaid,"Supplication is worship."]At-Tirmithi[ Then
the Prophetrecited the verse in which Allaah The Almighty Says )what
means(:
•}And your Lord Says, "Call upon Me; I Will Respond to you." Indeed,
those who disdain My worship will enter Hell ]rendered[
contemptible.{]Quran 40:60[
•}Is He ]not best[ Who Responds to the desperate one when he calls
upon Him and Removes evil{]Quran 27:62[
The Prophetsaid,"Nothing is more honorable in the Sight of Allaah than
supplicating )to Him(."]At-Tirmithi and Ahmad[
There are etiquettes for supplicating that every Muslim should abide
by. Some of these etiquettes are:
• Choosing the time for supplication: There are some times when
supplication is likely to be answered such as in the month of
Ramadhaan, the Day of 'Arafah, Fridays, the time of Sahar )last third
of the night( and the first ten days of Thul-Hijjah. The
Prophetsaid:"No good deeds done on any other day are superior to those
done on these days )first ten days of Thul-Hijjah(."Some of his
Companions asked, "Not even Jihaad in the Path of Allaah?" He
replied:"Not even Jihaad in the Path of Allaah except that of a man
who leaves )for it( with his life and wealth and does not return with
either )i.e. he is martyred(."]Al-Bukhaari[
It was narrated that upon entering the month of Ramadhaan, the
Prophetwould say,"This month that has come has in it a night which is
better than a thousand months. Whoever is deprived of it has been
deprived of all of its goodness and none is deprived of its goodness
except the truly deprived."]Ibn Maajah[ As for Friday, the
Prophetsaid,"There is an hour on Friday in which a Muslim does not ask
Allaah for anything except that Allaah Will definitely Grant it to
him."]Al-Bukhaari and Muslim[
The Prophetsaid,"Allaah Descends ]in a way that befits His Majesty[ in
the last third of every night and Says: 'I am the King… I am the King…
Is there anyone invoking Me that I May Respond to his invocation? Is
there anyone asking of Me so that I May Grant him his request? Is
there anyone asking My Forgiveness, so that I May Forgive him?' And
this continues until the break of dawn."]Muslim[
The Prophetalso said:"The supplication made in between the )two( calls
for prayer )i.e. Athaan and Iqaamah( will never be rejected."]Abu
Daawood, At-Tirmithi, An-Nasaa'i and Ahmad[ The Prophetsaid,"The
supplication made in between the )two( calls for prayer )i.e. Athaan
and Iqaamah( is answered, so supplicate."]Ibn 'Adiyy[
The Prophetsaid,"The slave is closest to his Lord when he is in
prostration; so supplicate Allaah much )in prostration(."]Muslim[ Also
among the times when supplications are answered is when facing the
enemy, when it is raining, when roosters are crowing, after obligatory
prayers and during prostration.
• Facing the Qiblah. Once, the Messenger of Allaahwent out to lead the
people in the prayer of Istisqaa' )prayer for seeking rain(. He faced
the Qiblah and kept invoking Allaah. ]Al-Bukhaari and Muslim[
• Raising the hands. It was narrated on the authority of 'Umar, May
Allaah Be Pleased with him, that the Messenger of Allaahused to raise
his hands when supplicating Allaah The Almighty. ]Al-Haakim[ The
Prophetalso said:"Allaah Is Considerate and Generous; He Does not Turn
away empty the hands of His servant when he raises them to Him."]Abu
Daawood, At-Tirmithi and Ibn Maajah[
• Praising Allaah The Almighty and asking Him to Confer His
Salutations on the Prophet: Salamah ibn Al-Akwa', May Allaah Be
Pleased with him, said, "I never heard the Messenger of Allaahbegin a
supplication other than by saying, 'Glory be to my Lord The Exalted,
The Bestower.'" ]Ahmad[
One day, the Messenger of Allaahheard a man saying, "O Allaah, I ask
You as I testify that none is worthy to be worshipped except You, The
One, The Absolute Who neither Begets nor Is Begotten, Nor is there to
Him any equivalent." The Prophetsaid,"Indeed, you have asked Allaah
with His Greatest Name upon which He Gives when He is Asked with it
and Answers when He is invoked by it."]Abu Daawood[
Fadhaalah ibn 'Ubayd, May Allaah Be Pleased with him, said,"Once,
while we were sitting with the Propheta man entered the mosque and
prayed and then said, 'Allaahumma'ghfir li warhamni ]O Allaah, Forgive
me for my sins and Bestow Your Mercy upon me[.' The Prophettold him:
'You have been hasty in your Du'aa' O you who are praying. When you
finish your prayer and are seated, you should first praise Allaah The
Exalted as He Deserves, then ask Him to Confer His blessings and peace
upon me , then Supplicate to Him.'"After this, another man entered and
prayed. Then he praised Allaah and asked Him to Confer His Peace upon
the Prophet. Thus, the Prophettold him,"O you who are praying, invoke
Allaah and He Will Answer your invocation."]Abu Daawood, At-Tirmithi
and An-Nasaa'i[
• Being persistent in supplication and repeating it thrice. 'Abdullaah
ibn Mas'ood, May Allaah Be Pleased with him, said, "If the
Prophetinvoked Allaah, he would do so thrice. And if he would ask
Allaah, he would do so thrice. And the Prophetsaid:"The supplication
of every one of you will be granted as long as he is not impatient and
say, 'I have supplicated my Lord but He has not answered
it.'"]Al-Bukhaari and Muslim[ The Prophetalso said:"None of you should
say, 'O Allaah, Forgive me if You Will, Have mercy upon me if You
Will. Rather, be determined in asking for Allaah Does whatever He
Wills and no one forces Him. )i.e. one should invoke Allaah The
Almighty with certainty that his supplications would be answered as
Allaah Has Power over all things.("]Al-Bukhaari and Muslim[
Sufyaan ibn 'Uyaynah, May Allaah Have mercy upon him, said, "None of
you should abstain from invoking Allaah because of what is apparent
from his sins as Allaah The Almighty answered the invocation of the
worst of creation, Iblees, May Allaah Curse him. Allaah The Almighty
Says )what means(:}He said, "My Lord, then reprieve me until the Day
they are resurrected." ]Allaah[ Said, "So indeed, you are of those
reprieved. Until the Day of the time well-known."{]Quran15: 36,37,38[
• Lowering the voice when supplicating. Allaah The Almighty Says )what
means(:}Call upon your Lord in humility and privately;{]Quran 7:55[
The Prophetsaid to the Companions, May Allaah Be Pleased with him,
when they raised their voices in supplication,"You are not calling
upon someone deaf or absent. You are calling upon One who is
All-Seeing and All-Hearing. He is with you all the time."]Muslim[
• Supplicating Allaah The Almighty with what was mentioned in the
Quran and the Sunnah. It is better for the Muslim to supplicate Allaah
The Almighty with what was mentioned in the Noble Quran of many
invocations such as:
Allaah The Almighty Says )what means(:
•}"Our Lord, Forgive us our sins and the excess ]committed[ in our
affairs and Plant firmly our feet and Give us victory over the
disbelieving people."{]Quran 3:147[
•}"Our Lord, Give us in this world ]that which is[ good and in the
Hereafter ]that which is[ good and Protect us from the punishment of
the Fire."{]Quran 2:201[