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Friday, October 18, 2013

Fathwa, - Is my non-Muslim father mahram for me?

Question:
My father is not Muslim, my parents got separated and then my mother
became Muslim. Since then they didn't have contact, may I consider him
my mahram? May I take off the hijab in front of him and kiss him?
Answer:
You may consider your non-Muslim father as your Mahram, thus uncover
(parts of the body that can be exposed in front Mahrams) in front of
him.
Imam al-Kasani (Allah have mercy on him) states:
�A Mahram is one with whom marriage is permanently unlawful� whether
this Mahram is a free person or a slave, for slavery is not contrary
to close relationship (mahramiyya), and whether he is a Muslim, a
non-Muslim or an atheist (mushrik), for a non-Muslim Mahram normally
safeguards her, except that he is a fire worshipper, for he considers
marriage with her to be permissible.� (Bada�i al-Sana�i, 2/124)
However, if there is a fear of temptation (fitna) on either side or
you fear that by kissing him, he will have evil thoughts and desires,
you must avoid uncovering in front of him and kissing him. The jurists
(fuqaha) have stated that, covering becomes necessary even in front of
Mahrams if there is a fear of Fitna or desire.
Today we live in a time where sexual impropriety is becoming common in
non-Muslims, thus one must be careful. If your non-Muslim father is
old or you feel that he will have no evil thoughts, then it would be
permitted to remove your Hijab in front of him and kiss him.
And Allah knows best

Fathwa, - Is it permissible to show hair to, not just any suitor, but your future spouse?

Question:
I have heard from my Hanafi teachers that it is impermissible for a
woman to show her hair to a suitor, that those who say it is
permissible are using a very weak opinion. My husband, however, says
that the mashaikh only say this to the 'aam people who may misuse the
ruling (to see the hair of every girl that they are not even serious
about). His family is mashaAllah very pious, and his brother is
becoming a mufti under the tutelage of Mufti Taqi Uthmani. His brother
actually told my cousin that it would be permissible to request to see
a girl's hair. Also, another one of my husband's brothers saw the hair
of his future wife beforehand (when he was reasonably convinced he
would be marrying her), and my husband's sister showed her hair (only
once) to her future husband (though normally she is in niqab). (Note:
they did not do these things with any one else they were considering;
only the people they *actually* eventually married). I am very
confused. Do people like our respected Mufti Taqi Uthmani allow for
this? Perhaps Mufti Muhammad ibn Adam or someone else familiar with
him could reply?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
Looking at someone one intends to marry is not merely something that
is permissible, rather it has been encouraged by the Messenger of
Allah (Allah bless him & give him peace).
Sayyiduna Abu Hurayra (Allah be pleased with him) narrates: I was in
the company of the Messenger of Allah (Allah bless him & give him
peace) when a man came and informed him that he had contracted to
marry a woman of the Ansar. The Messenger of Allah (Allah bless him &
give him peace) said to him: �Did you cast a glance at her? He said:
No. He said: �Go and look at her, for there is something in the eyes
of the Ansar�. (Sahih Muslim, no. 1423)
Sayyiduna Mughira ibn Shu�bah (Allah be pleased with him) narrates
that he proposed to a woman for marriage. The Messenger of Allah
(Allah bless him & give him peace) said to him: �Look at her, for it
may produce love between you.� (Sunan Tirmidhi, no. 1087, Musnad
Ahmad, Sunan Nasa�i & Sunan Ibn Majah)
Sayyiduna Jabir (Allah be pleased with him) narrates that the
Messenger of Allah (Allah bless him & give him peace) said: �When one
of you proposes to a woman for marriage, then if he is able to look at
what will induce him to marry her, he should do so.� (Sunan Abu Dawud
and Musnad Ahmad)
The great Hadith and Shafi�i Fiqh scholar, Imam al-Nawawi (Allah have
mercy on him) states:
��In the Hadith (of Abu Hurayra mentioned first) there is
recommendation of looking at the face of the woman one is intending to
marry. This is the opinion of our (Shafi�i) School, the School of
Malik, Abu Hanifa, all the scholars of Kufa, Ahmad and the majority of
the Ulama. Qadhi (Iyadh) has narrated from a group (of scholars) that
it is disliked but that is incorrect and contrary to the clear text of
this Hadith, and contrary to the consensus (ijma�) of the Ummah�Then,
it is permitted for him to look at her palms and face only, for they
are not considered to be part of the nakedness (awra), and also
because by looking at the face, one is able to determine her beauty or
otherwise and by looking at her hands one is able to determine the
chubbiness of the body or otherwise. This is the opinion of our School
and the view of most others.� (al-Minhaj Sharh Sahih Muslim, p. 1068)
Mulla Ali al-Qari, the great Muhaddith and Hanafi Imam, states in his
renowned Mirqat al-Mafatih, quoting from Allama Teebi that the meaning
of the Messenger of Allah�s (Allah bless him & give him peace)
statement �if he is able to look at what will induce him to marry her,
he should do so� (in the Hadith of Jabir recorded by Imam Abu Dawud,
quoted earlier) is either wealth, status, beauty and religion (deen).�
(Mirqat al-Mafatih, 6/198)
Thus the above explanation by Mulla Ali al-Qari quite clearly refutes
the interpretation some people make with regards to the Hadith of
Jabir, in that one may look at whatever may induce one into marrying.
If such general permission is given, people will demand to see all
sorts of body parts.
Thus, the above is quite clear in determining that, it is only
permitted for one to see the hands and face of the woman one is
intending to marry. This permission is also subject to certain
conditions.
Imam al-Haskafi (Allah have mercy on him) states:
�It is recommended ��to look at the woman before marriage.�
Allama Ibn Abidin (Allah have mercy on him) explains the above by stating:
�Meaning, even if there is desire (shahwa) but this is when one
genuinely believes it is possible to get married to her.� (Radd
al-Muhtar, 3/8, Kitab al-Nikah)
Imam al-Haskafi (Allah have mercy on him) states in another place:
�If one fears desire (shahwa) or has a doubt (m: in attaining desire),
then one will be prevented from looking at the face of a non-Mahram
woman. Thus, the permissibility of looking is restricted to not having
desire otherwise it will be unlawful (haram). This ruling was in their
times, in our times however, one will be prevented from looking at a
young woman (m: regardless of whether one fears desire or otherwise).
The exception for looking and not touching is when there is a need,
such as for the judge, witness in the court�and for the one who
intends to marry, even with desire but only if one�s intention is to
implement the Sunnah (m: and fulfil one�s objective of marriage) not
to fulfil one�s desires (m: by looking without really wanting to
marry).�
Allama Ibn Abidin, the commentator of al-Haskafi�s Durr al-Mukhtar,
mentions the following points in his commentary of the above text:
1) There is nothing wrong in looking at someone one is intending to
marry even with desire (shahwa) due to the Hadith of Mughira ibn
Shu�ba (Allah be pleased with him) where the Messenger of Allah (Allah
bless him & give him peace) said: �Look at her, for it may produce
love between you� and because the aim is to fulfil the Sunnah of
marriage and not desire.
2) It is not permitted to touch the face and hands of the woman even
when one does not fear desire, for there is no real need for that.
3) The need is only in looking at the woman once, thus more than once
would not be allowed, for cases of need are restricted to the actual
need. (m: However, if one was uncertain and undecided by looking at
her once due to some reason, such as not looking at her properly, etc,
then one may look again. This, however, should not be merely having
another go at the whip; rather one should genuinely think that
marriage is highly likely)
4) Permissibility of looking is only to the hands and face
5) If it is not possible to look at the woman or one wants
descriptions of parts of the body that are other than the hands and
the face, then one may send a female relative (such as a mother or
sister) to look at her and then describe her to him.
6) A woman may also look at the man whom she intends to marry even if
there is a fear of desire, rather this is more important. The reason
being is that the husband will be able to divorce her whenever he
wants if he dislikes her, but the wife cannot do that. Thus, it is
very important that she looks and is content with him. (See: Radd
al-Muhtar ala al-Durr al-Mukhtar, �Bab al-Mass wa�l Nadhar fi Kitab
al-Hadhr wa�l Ibaha, 6/370)
Thus, to sum up, it is not only permitted but recommended to look at
someone one is intending to marry. This, however, is only when one is
seriously contemplating marriage with her, and that marriage is
possible and likely. This permission is even in the case where one
(the man or the woman) fears desire (shahwa), if the right intention
is there. Merely fulfilling the desire to look will be unlawful.
It will not be permitted for the man and woman to remain alone in
seclusion (khalwa), for there is no need for that. Being alone with a
non-Mahram is unlawful (haram) or at the least prohibitively disliked
(makruh tahriman) and must be avoided.
Sayyiduna Abd Allah ibn Abbas (Allah be pleased with him) narrates
that the Messenger of Allah (Allah bless him & give him peace) said:
�A man must not remain alone in the company of a woman, and a woman
must not travel except that her Mahram is accompanying her.� (Sahih
al-Bukhari, no. 2488)
If one decides to marry someone, it is for the man permitted to look
at the woman�s face and hands only. This is the opinion of the
majority of the scholars (jumhur), including the Hanafis, as mentioned
earlier. Some individual scholars (such as Imam al-Awza�i, Ibn Hazam
and Dawud Zahiri) did permit looking at other than the hands and face
but this is not the mainstream opinion.
As far as the opinion of Mufti Taqi Usmani (Allah preserve him) is
concerned, I have not heard anything directly from him, but it is
clearly mentioned in his Dars Tirmidhi (3/351) that one is only
permitted to look at the hands and face.
And Allah knows best

What is Hijaamah)cupping(?

The word hijaamah )cupping( comes from the word hajm which means
sucking, as in the phrasehajama al-sabiy thadya ummihi)the infant
suckled his mother's breast(. Al-Hajjaam means the cupper, hijaamah is
the profession of cupping, and the wordmihjamis used to describe the
vessel in which the blood is collected and the lancet used by the
cupper.(
In fiqh )Jurisprudence( terminology, the word hijaamah is applied by
some scholars to the extraction of blood from the nape of the neck by
means of cupping after making an incision with the lancet.
Al-Zarqaanistated that cupping is not limited to the nape of the neck,
rather it may be done on any part of the body. This was also the view
of al-Khattaabi.
In conclusion, hijaam refers to the extraction of blood from the body
by means of cupping using a suitable vessel or whatever modern
equipment serves the same purpose.
Cupping was known since ancient times. It was known to the Chinese,
the Babylonians and the Pharaohs. Their relics and carved images
indicate that they used cupping to treat some diseases. At first they
used metal cups or bulls' horns, from which they would remove the air
by sucking it out after placing the cup on the skin. Then they used
glass cups from which they would remove the air by burning a piece of
cotton or wool inside the cup.
Virtues of cupping:
Al-Bukhaarinarrated from Sa'eed Ibn Jubayr from Ibn 'Abbaasthat the
Prophetsaid: 'Healing is in three things: drinking honey, the incision
of a cupper, and cauterizing with fire, but I forbid my Nation to use
cauterizing.'
Al-Bukhaari and Muslimnarrated that Anas Ibn Maalikwas asked about the
earnings of the cupper, and he said:
The Messenger of Allaahwas treated with cupping by Abu Taybah.
Heordered that he )Abu Taybah( should be given two saa' )quantity
unit( of food, and he spoke with his masters so that they reduced what
they used to take from his earnings. And hesaid: 'The best medicine
with which you treat yourselves is cupping, or it is one of the best
of your medicines.'
It was narrated that Jaabir Ibn 'Abdillaahsaid: I heard the Messenger
of Allaah sallallaahu alyhi wa sallam say: 'If there is anything good
in the medicines with which you treat yourselves, it is in the
incision of the cupper, or a drink of honey or cauterization with
fire, but I do not like to be cauterized.' )Al-Bukhaari, Muslim(.
Benefits of cupping:
Cupping has real benefits in treating many diseases, past and present.
The diseases which have been treated by cupping and for which it has
been of benefit by Allaah's Leave include the following:
1- Circulatory diseases
2- Treating blood pressure and infection of the heart muscle
3- Diseases of the chest and trachea
4- Headache and pains in the eyes
5- Pain in the neck and stomach, and rheumatic pain in the muscles
6- Some diseases of the heart and chest, and pain in the joints
In addition, cupping may offer a unique treatment which may reduce
pain, and it does not have any side-effects. For more information on
the benefits of cupping see Zaad al-Ma'aad by Ibn Al-Qayyim.
How cupping is done:
The mouth of the cupping vessel )nowadays they use glass vessels( is
placed on the skin at the site chosen for cupping. Then the cupper
rarefies the air inside the vessel by burning a small piece of paper
or cotton inside the vessel )the old method(, so that the mouth of the
vessel will cling to the skin. Sometimes a machine is used instead of
the method described above. The vessel clings to the skin and is left
for a period of three to ten minutes.
Then it is lifted off and a very small incision is made in the skin
using a clean sharp instrument such as a razor blade or the like. Then
the cup is put back in the same manner as described above, until it is
filled with the bad blood that comes out of the veins. Then it is
taken off, and may be put back once more if needed. When it is
finished and the cup is taken away, a dry dressing is placed over the
site of the incision.
Before ending we should point out that no one should undertake cupping
except one who can do it well, because of the harm that may result if
it is done by one who is incompetent.

Excellence in faith

In one of the great prophetic narrations which included few, yet very
comprehensive words, the Prophetclarified one of the means for
salvation, and a sign of the excellence of Islam. This narration gives
the believing slave a tool by which to measure himself and realize how
close or far he is from the straight path.
Abu Hurayrahreported that the Messenger of Allaahsaid:"It is from the
excellence of )a believer's( Islam that he should shun that which is
of no concern to him".]At-Tirmithi[.
This narration contains many great meanings which a believer should
understand and apply. It is one of the principles and foundations of
good manners, and thus some scholars considered it to constitute
one-third or one-fourth of the religion of Islam.
Imaam Ibn Al-Qayyimsaid: "The Prophetsummed all the aspects of piety
and devoutness in this narration. Heoutlined for the slave what to do
and what to shun, and it is an indication to the first pillar of soul
purification, namely, shunning what does not concern the person, which
leads to the second pillar, and that is busying oneself essentially
with what concerns him"
Heclarified that shunning that which does not concern the person is a
means to attain excellence in religion. This means, that people, in
reality, are of two categories, those who are excellent in Islaam and
those who are not. The one who applies Islam inwardly and outwardly is
the one who has reached the level of excellence , as Allaah says )what
means(:"And who is better in religion than one who submits himself to
Allah while being a doer of good and follows the religion of Abraham,
inclining toward truth? And Allah took Abraham as an intimate
friend."]Quran: 4:125[.
On the other hand, the one who does not apply Islam inwardly and
outwardly is the one whose degree of commitment to Islam is low, and
one of the signs of this in him is that he busies himself in that
which does not concern him.
The following verse is proof substantiating the meaning of the
narration, in which Allaah Says )what means(:"And they who turn away
from ill speech"]Quran: 23:3[."… ill speech"is anything from
falsehood, and that includes association, other minor sins and all
useless speech, actions and concerns. Furthermore, busing oneself with
that which does not concern him is included in the definition of "ill
speech".
There are other prophetic narrations which highlight the virtue of
excellence in religion, such as the narration of Abu Hurayrahin which
he reported that the Messenger of Allaahsaid:"When one of you reaches
the level of excellence in faith, then every good deed is multiplied
for him ten times up to seven hundred times; and each sin is recorded
as only one, until he meets Allaah"]Muslim[.
The saying of the Prophet:"… that which is of no concern to him"means,
that which does not benefit him in his worldly life or the Hereafter,
and this includes things that are prohibited, disliked, doubtful, and
excess permissible matters which one does not really need.
The measure by which one knows whether something is of his concern or
not, is Islamic teachings and not ones desires.
Many people decide to abandon enjoining good and forbidding evil under
the pretext that this is interfering with people's privacy and
personal life. They would do so claiming that it is not a person's
concern to intervene in other people's affairs, basing their argument
on an incorrect understanding of this very narration.
Abu Bakr As-Siddeeqsaid: "O you people! You recite and misinterpret
the following verse )which means(:`O you who believe! Take care of
your own selves. If you follow the )right( guidance ]and enjoin what
is right )Islamic Monotheism and all that Islam orders one to do( and
forbid what is wrong )polytheism, disbelief and all that Islam has
forbidden([ no hurt can come to you from those who are in
error.`]Quran:5:105[ But I have heard Messenger of Allahsaying:"When
people see an oppressor but do not prevent him from )doing evil(, it
is likely that Allaah will punish them all.""]Abu Daawood &
At-Tirmithi[.
In another narration hesaid:"Never that evil is committed and people
do not prevent it, though able to do so, but Allaah will overwhelm
them with punishment".
One other thing that one must concern himself with is the affairs of
other believers and their issues, because he who does not worry about
the affairs of his fellow Muslims is not one of them.
The need to understand this narration, its implications and
applications intensifies in times like ours, when people's commitments
and personal obligations have increased and priorities are mixed up.
The implementation of this narration is the first practical step
toward reforming oneself and those under his guardianship and care
which leads to achieving excellence in religion. This happens by
concentrating on that which is beneficial and staying away from all
that is not ones concern.