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Wednesday, October 30, 2013

Fathwa, - Her husband forces her to live in the same house with his brother

Question
My question is my husband is forcing me to stay with his married
brother ,I had told him about the hadiths mentioning that "brother in
law is death" living together may cause many problems,but he doesnt
seems to listen,he says that I just have to maintain my Hijab thats
all.Wht can I do?since his wife is also a nonmehram to him that will
be a probs.As a muslim women I dont get my rights from my husband ,he
doesnt agrees to the rights of women in Islam.Please advise.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His slave and Messenger.
It is your right as a wife to get a separate accommodation where you
would be safe from any harm and where you would not be embarrassed.
Besides, it is not permissible for you to obey your husband in
dwelling with your brother-in-law in the same house whose amenities
are not separate, where his brother could see you )without Hijaab( or
be in seclusion with you, or where there is any other matter that
might lead to temptation.
Even if we presume that you can take the necessary measures to avoid
these prohibitions and always wear Hijaab, then this may cause much
hardship to you. So, your husband has no right to oblige you to live
in such a situation. For more benefit, please refer to Fatwa 84608.
Based on this, it is permissible for the wife to ask for divorce as a
way of repelling harm off herself if her husband does not provide her
with an accommodation that is Islamically acceptable.
There is no doubt that your husband is also obliged to abide by the
Islamic conditions in dealing with the wife of his brother as she is a
non-Mahram to him. Therefore, we warn against being lenient in such
kind of dealings within one family as this is one of the major reasons
of corruption. The Hadeeth that is mentioned in the question which
reads'the male in-law is death itself'is the best evidence in this
regard. The text of the Hadeeth is as follows:Uqbah Ibn 'Aamernarrated
that the Prophetsaid: "Beware of entering upon women"; a man from the
Ansaar asked: 'O Messenger of Allaah, what do you say about the male
in-law )the woman's husband's male relative like his brother, uncle,
cousin, etc.(?' He replied: "He is death itself )i.e. his seclusion
with her is as serious and dangerous as death(." ]Bukhaari and Muslim[
For more benefit, please refer to Fatwa 154373.
As regards what you mentioned about your husband that he does not
agree with the women's rights in Islam, then this needs more
clarification ]as we do not know exactly what you mean[

Physics by Muslims

The Holy Quran had awakened a spirit of enquiry among the Arabs which
was instrumental in their splendid achievements in the field of
science, and according to a western critic led them to realize that
"science could not be advanced by mere speculation; its only sure
progress lay in the practical interrogation of nature. The essential
characteristics of their method are experiment and observation. In
their writings on Mechanics, hydrostatics, optics, etc., thesolution
of the problemis always obtained by performing an experiment, or by an
instrumental observation.
It was this that made them theoriginator of chemistry, that led them
to the invention of all kinds ofapparatus for
distillation,sublimation, fusion and filtration; that in astronomy
caused them to appeal to divided instrument, as quadrant and
astrolabe; in chemistry to employ the balance the theory of which they
were perfectly familiar with; to construct tables of specific
gravities and astronomical tables, that produced their great
improvements ingeometryandtrigonometry.
TheMuslims developed Physicsto a high degree and produced such eminent
physicist asKindi, Jahiz, Banu Musa, Beruni, RaziandAbdur Rahman Ibn
Nasr.
Work of Muslim Physicists
Al-Kindi
Abu Yusuf Ibn Ishaq, known asal-Kindiwas born at Kufa in the middle of
the 9th century and flourished in Baghdad. He is the most dominating
and one of the greatest Muslim scholars of physics. Over and above
this, he was an astrologer, philosopher, alchemist, optician and
musical theorist. He wrote more than265 books, the majority of which
have been lost.
Most of his works which survived are in Latin having been translated
by Gerard of Cremona. Of these fifteen are onmeteorology, several on
specific weight, ontides, onopticsand onreflection of light, and eight
are on music. His optics influenced Roger Bacon. He wrote several
books on iron and steel to be used for weapons. He applied mathematics
not only to physics, but also to medicine.
He was therefore regarded by Cardon, a philosopher of the Renaissance,
"as one of the 12 subtlest minds." He thought that gold and silver
could only be obtained from mines and not through any other process.
He endeavored to ascertain the laws that govern thefall of bodies.
Razi
Razi investigated on the determination ofspecific gravityof means
ofhydrostatic balance, called by himMizan-al-Tabii. Most of his works
on physics, mathematics, astronomy and optics have perished. In
physics his writings deal with matter, space, time and motion. In his
opinion matter in the primitive state before the creation of the world
was composed of scattered atoms, which possessed extent. Mixed in
various proportions with the articles of void, these atoms produced
these elements which are five ih number namely earth, air, water, fire
and celestial element. Fire is created by striking iron on the stone.
Abu Rehan Beruni
Abu Rehan Beruni, was a versatile genius, who adorned the durbar
ofMahmud of Ghazni. His outstanding achievement in the realm of
physics was theaccurate determination of the weight of 18 stones. He
also discovered thatlight travels faster than sound. He has also
contributed immensely to geological knowledge by providing the correct
explanation of the formation of natural spring and artesian wells.
He suggested that the Indus valley was formerly an ancient basin
filled with alluvial soil. HisKitab al Jawahir(Book of Jewels) deals
with different types of gems and their specific gravity.
Khazini
Khazini, was a well known scientist of Islam, who explained the
greaterdensity of waterwhen nearer to the center of the earth. Roger
Bacon, who proved the same hypotheses afterwards based his proof on
the theories advanced by Khazini. His brilliant workMizanul
Hikmah(Balance of Knowledge) deals with gravity and containstables of
densities of many solids and liquids. It also contains "observation on
capillarity,uses of aerometerto measure densities and appreciate the
temperature of liquids, theory of the lever and the application of
balance to building."
Other notable Physicists
*.A voluminous unedited lapidary byBetuniis kept in manuscript form in
the Escorial Library. It deals with a large number of stones and
metals from the natural, commercial and medical point of view.
*.Barlu Musahas left behind him a work on balance, whileAl-Jahizused
hydrostatic balance to determine specific gravity.
*.An excellent treatise had been written byAl-Naziriregarding atmosphere.
*.Chapters on weights and measures' were written byIbn Jami and
Al-Attar.Abdur Rahman Ibn Nasrwrote an excellent treatise on weights
and measures for the use of Egyptian markets.

Imam Shafie

Early Life
Abu Abdullah Muhammad Bin Idris descends from theHashimi familyof
theQuraishtribe to whichProphet Mohammed (PBUH)belongs. He was born in
Gaza, Syria in767and became famous asImam Shafi-ee. He lost his father
early in life and was brought up by his mother in abject poverty in
the city of Mecca. He spent much time among the Bedouins and acquired
very great knowledge of Arabic poetry.
Life as Student
At the age of twenty, he went toMadinaand remained there as a student
of Imam Maliktill the later's death in796. He also came into contact
with other learned men from whom he acquired knowledge of the Holy
Qur'an and the Traditions of the Holy Prophet Muhammad. Imam Shafi-ee
possessed a very sharp memory and knew the whole ofImam Malik's
Muwattaby heart. In804he visited Syria and from there proceeded to
Egypt where he settled down. As a pupil of Imam Malik he was received
with great honor and respect by the Egyptians.
Teachings of Imam Shafi
In810he went to Baghdad and there he was surrounded by a large number
of students who were eager to acquire knowledge of the faith and
practice of Islam from him. TheShafi-ee school of lawemerged from
these students who practiced and propagated the views and rulings of
Imam Shafi-ee through their writings and preaching.
Imam Shafi-ee wrote several books, the most well-known of which is
calledKitab-al-Umm, which is a collection of writings and lectures of
the Imam. A number of his students have also collected his writings,
lectures and rulings in the form of books, or quoted him in their
books.Baghdad in IraqandCairo in Egyptwere the chief centers of Imam
Shafiee's activities. It is from these two cities that teachings of
the Shafi-ee school spread in the9th centuryof the Christian era.
During the time of Sultan Salahuddeen (Saladin), the Shafi-ee doctrine
was the most prominent in Egypt, and to this day theImam of the
Al-Azhar Masjidis always a Shafi-ee and the Shafi-ee Madhhab is
industriously studied along with that of the other three schools of
the Sunnis.
During his life Imam Shafi-ee also suffered from political intrigues.
For instance, after studying under Imam Malik in Madina he was sent to
fill an office in Yemen, where he was accused of political involvement
which resulted in his arrest. He was taken as prisoner to Harun
al-Rasheed. The Khalifa however found him innocent and the Imam was
honorably released.
Imam Shaafi-ee died in the year820 in Egypt.

Imam Maalik

Early Life
ABU ABDULLAH, Malik bin Anas, was born in Madina in the year715 AD.
His ancestral home was inYemen, but his grandfather settled in Madina
after embracing Islam. He received his education in Madina, which was
the mostimportantseat of Islamic learning, and where the immediate
descendants of the Companions of theHoly Prophetlived.
Imam Malik was highly attracted to the study of law, and devoted his
entire interest to the study ofFiqh. It is said that he sought out
overthree hundred Sahaba(those who saw the Companions of the Holy
Prophet). From them he acquired the knowledge of the Holy Prophet's
sayings, Hadith and the Holy Prophet's Deeds, Sunnah.
His work
Imam Malik studied Fiqh under the guidance of nearlyone hundred
learned Shaikhswho were residing in the city of the Prophet at the
time. Among Imam Malik's writings is the great work
entitledKitab-al-Muwatta, which is the earliest surviving book of
Islamic law and Hadith. It quotes Sayings as well as the practices
according to the Sunnah of the Holy Prophet as observed by Muslims in
Madina.
Although Imam Malik wrote many treatises dealing withreligion and
ethics, Kitab-al-Muwattais acknowledged as the most important among
his writings. It is said that Imam Malik had originally recordedten
thousand Ahadithin this book, but in a revised edition the Imam
reduced the number to onlyone hundred and seventy-two.
Dealing with people
Imam Malik was famous for hispiety and integrityand courageously stood
up, and was prepared to suffer, for his convictions. For example, when
the governor of Madina demanded and forced people to take the oath of
allegiance to Khalifa al-Mansour, Imam Malik issued a Fatwa that such
an oath was not binding, because it was given under duress. This
resulted in many people finding courage to express their opposition,
but the Imam was arrested, found guilty of defiance and publicly
flogged.
When al-Mansour, learnt of this outrage, heapologizedto the Imam and
dismissed the governor. Sometime later the Khalifa sent him three
thousand Dinars for his travelling expenses and invited him to come
and reside inBaghdad. Imam Malik refused the offer and indicated that
he preferred to continue his residence inMadinawhere the Holy Prophet
was buried.
When theKhalifa Haroun-al-Rasheedvisited Madina, when he came to
perform Hajj, he summoned Imam Malik to visit him and deliver a
lecture. The Imam politely refused to go to the ruler but invited him
to attend the class of students to whom he delivered regular lectures.
The Khalifa, accompanied by his two sons, accepted the invitation and
sat among the students to hear the Imam's lecture.
Imam Malik died in the year795 ADat Madina and is buried in the
famousAl-Baqie cemeteryin the city of the Prophet. Imam Malik's
followers and disciples developed aFiqh schoolbased on his books which
came to be known as theMaliki Madhhab. Malikis are mostly found in
North and West Africa, - Tunis, Algeria, Morocco and Egypt.