Muharram began in the evening ofSunday,November 3, 2013, and ends in the evening ofTuesday,December 3, 2013. Dates may vary.

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Fathwa, - Questions on Covering: Grandfather, Step father, Non-Muslim Women

Question:
If I am a female, then do I have to wear hijab in front of the brother
of my maternal grandmother? Also, what about the brother of my
maternal grandfather?
If I am a male, then would the daughter of my paternal grandfather (by
his second wife, i.e. not the mother of my father but his step-mother)
be my mahram?
"The awra (nakedness) of a Muslim woman in front of non-Muslim women
is the same as that in front of strange (non-mahram) men. That means
that she cannot uncover her hair in front of them." Do the Ulama
mention any reason? What if the non-Muslim woman is old?
Answer:
Wa �alaykum al-salam
No, a female would not have to cover in front of the brother of her
maternal grandmother nor in front of the brother of her maternal
grandfather as both of these are the uncle of her mother. Qudri Basha
explained in his codification of Hanafi family law that a woman�s
mahrams (unmarriageable kin) include her own uncles as well as the
uncles of her parents or their parents and on up. [Qudri
Basha,al-Ahkamal-Shar�iyya fi al-Ahwal al-Shakhsiyya, article 22]
Yes, the daughter of one�s paternal grandfather from his second wife
would be one�s mahram. Ibn Nujaym mentions inal-Bahr
al-Ra�iqcommenting on the words of imam-al-Nasafi inKanz
al-Daqa�iqconcerning the unlawfulness of marrying one�s maternal and
paternal aunts that one�s aunts here also includes the daughters of
one�s grandparents and on up.
Concerning a woman�s having to cover fully in front of non Muslim
women, the opinion of the Hanafis, Malikis and the strongest opinion
of the Shafi�is is that it is incumbent on her to do so. The dalil
mentioned to support this opinion is verse 31 of sura al-Nur where
Allah most high states the various groups of people in front of whom
women do not have to cover themselves fully. Among the groups
mentioned is �their women� (nisa�ihinn). The fact that Allah
restricted it to a particular group of women by saying �their women�
instead of leaving it absolute as just �women� implies clearly that
not all women can be included and if one were to include non Muslim
women then there would be no benefit left to be drawn from the
restriction mentioned in the noble verse. This is the interpretation
for this verse that is transmitted from �Abdullah ibn �Abbas.
Furthermore, Al-Qadi Abu Bakr ibn al-�Arabi mentions in hisAhkam
al-Qur�anthat �Umar bin Khattab (May Allah be pleased with him) wrote
to Abu �Ubaida ibn al-Jarrah saying, �It has reached me that Muslim
women are entering the public bathhouses with women from the people of
the book. Forbid this.� Abu �Ubaida responded by publicly
announcing, �Any woman who enters the public bathhouse with no excuse
of illness or disease so that she may make herself white for the sake
of her husband then may Allah make her face black on the day when
faces are turned white.�
The opinion of the Hanbalis is that a non Muslim woman is just like a
Muslim woman whilst the other opinion of the Shafi�i school which is
deemed strong though not most correct is that a non Muslim woman may
see of a Muslim woman that which normally shows when working. So
there is a dispensation that can be taken in situations when fully
covering in front of other women is genuinely difficult.
And Allah knows best.
Sohail Hanif
From Ahkam al-Qur�an of Qadi Abu Bakr ibn al-�Arabi:الْمُسْتَثْنَى
التَّاسِعُ : قَوْلُهُ : { أَوْ نِسَائِهِنَّ } : وَفِيهِ قَوْلَانِ :
أَحَدُهُمَا : أَنَّهُ جَمِيعُ النِّسَاءِ . وَالثَّانِي : أَنَّهُ
نِسَاءُ الْمُؤْمِنِينَ . فَأَمَّاأَهْلُ الذِّمَّةِفَلَا يَنْبَغِي أَنْ
تَكُونَ الْمُسْلِمَةُ مُبْدِيَةً لَهُنَّ زِينَتَهَا وَقَدْ كَتَبَ
عُمَرُ بْنُ الْخَطَّابِ إلَى أَبِي عُبَيْدَةَ بْنِ الْجَرَّاحِ :
أَمَّا بَعْدُ ، فَقَدْ بَلَغَنِي أَنَّ نِسَاءَ الْمُسْلِمِينَ
يَدْخُلْنَ الْحَمَّامَاتِ مَعَهُنَّ نِسَاءُ أَهْلِ الْكِتَابِ ،
فَامْنَعْ ذَلِكَ ، وَحُلْ دُونَهُ . ثُمَّ إنَّ أَبَا عُبَيْدَةَ قَامَ
فِي ذَلِكَ الْمَقَامَ مُمْتَثِلًا ، فَقَالَ : " أَيُّمَا امْرَأَةٍ
دَخَلَتْ الْحَمَّامَ مِنْ غَيْرِ عِلَّةٍ وَلَا سَقَمٍ تُرِيدُ
الْبَيَاضَ لِزَوْجِهَا فَسَوَّدَ اللَّهُ وَجْهَهَا يَوْمَ تَبْيَضُّ
الْوُجُوهُ " . وَالصَّحِيحُ عِنْدِي أَنَّ ذَلِكَ جَائِزٌ لِجَمِيعِ
النِّسَاءِ ، وَإِنَّمَا جَاءَ بِالضَّمِيرِ لِلِاتِّبَاعِ ، فَإِنَّهَا
آيَةُ الضَّمَائِرِ ؛ إذْ فِيهَا خَمْسٌ وَعِشْرُونَ ضَمِيرًا لَمْ
يَرَوْا فِي الْقُرْآنِ لَهَا نَظِيرًا ، فَجَاءَ هَذَا لِلِاتِّبَاعِ .
From the Mawsu�a al-Fiqhiyya:عورةالمرأة المسلمة بالنسبة للأجنبية
الكافرة : 4 - ذهب جمهور الفقهاء : ( الحنفية والمالكية وهو الأصح عند
الشافعية ) إلى أن المرأة الأجنبية الكافرة كالرجل الأجنبي بالنسبة
للمسلمة ، فلا يجوز أن تنظر إلى بدنها ، وليس للمسلمة أن تتجرد بين يديها
، لقوله تعالى : { ولا يبدين زينتهن إلا لبعولتهن أو آبائهن أو آباء
بعولتهن أو أبنائهن أو أبناء بعولتهن أو إخوانهن أو بني إخوانهن أو بني
أخواتهن أو نسائهن } أي النساء المسلمات فلو جاز نظر المرأة الكافرة لما
بقي للتخصيص فائدة ، وقد صح عن عمر رضي الله عنه الأمر بمنع الكتابيات من
دخول الحمام مع المسلمات . ومقابل الأصح عند الشافعية أنه يجوز أن ترى
الكافرة من المسلمة ما يبدو منها عند المهنة ، وفي رأي آخر عندهم أنه
يجوز أن ترى منها ما تراه المسلمة منها وذلك لاتحاد الجنس كالرجال .
والمذهب عند الحنابلة أنه لا فرق بين المسلمة والذمية ولا بين المسلم
والذمي في النظر ، وقال الإمام أحمد في رواية عنه : لا تنظر الكافرة إلى
الفرج من المسلمة ولا تكون قابلة لها . وفي رواية أخرى عنه أن المسلمة لا
تكشف قناعها عند الذمية ولا تدخل معها الحمام .
From the Mawsu�a al-Fiqhiyya:وقال الحنابلة : العجوز التي لا يشتهى
مثلها لا بأس بالنظر إلى ما يظهر منها غالبا ، لقوله تعالى : { والقواعد
من النساء اللاتي لا يرجون نكاحا } وفي معنى العجوز الشوهاء التي لا
تشتهى ، ومن ذهبت شهوته من الرجال لكبر أو عنة أو مرض لا يرجى برؤه
والخصي والشيخ والمخنث الذي لا شهوة له فحكمه حكم ذوي المحارم في النظر ،
لقوله تعالى : { أو التابعين غير أولي الإربة } . وعند الشافعية حكمه حكم
الأجنبي ، إذ يحرم عليه النظر حتى إلى الوجه والكفين عند خوف الفتنة .
وقال الحنفية والشافعية :ظهورالمرأة بالزينة للصغير الذي لم يظهر على
عورات النساء ، والذي لا يعرف العورة من غير العورة لا بأس به لقوله
تعالى : { أو الطفل الذين لم يظهروا على عورات النساء } ، وأما الذي يعرف
التمييز بين العورة وغيرها وقارب الحلم فلا يجوز لها إبداء زينتها له

Fathwa, -

Question:
I think my brother is gay, and I say this because of the way he talks,
the way he does his hair, the kind of clothes that he wears and the
things that he is interested in. One time I used his USB and saw some
pornography on it, including anal intercourse, and I do not know
whether it was between two men, because I closed it quickly and erased
the file. I asked him about it and he said he did not know where it
came from, but in the end I found more in his room. I also checked his
personal computer and I found out that he visits gay websites in the
country where he is studying. My question is: do I have to advise him
and warn him about the bad consequences of this sin?
Answer:
Praise be to Allah.
Firstly:
Homosexuality, whether it is among men or women, is one of the most
abhorrent of immoral and evil actions that a person may commit, and is
one of the most shameful deeds in this world and in the hereafter. Ibn
al-Qayyim (may Allah have mercy on him) said concerning the one who
commits this act that he has committed so great an evil that there is
no hope that he will ever be reformed after that; it takes away all
his good deeds and removes all modesty and shyness, because after that
he will not feel shy before Allah or before His creation.
Indeed, Allah, may He be exalted, destroyed an entire town along with
its people, namely the town of the people of Loot, because of this
immoral action. See the answers to questions no. 10050, 38662and
20068.
What you must do for your brother is tell him of the shame in this
world and in the Hereafter that results from this evil, that it will
ruin his spiritual and worldly interests, and that he will become
insignificant to Allah and to other people if he persists in it. Warn
him of the consequences and the shar'i ruling on the one who does
that.
Then you have to block every means that makes it easy for him to do
this immoral action or that calls him to it. If you can move him from
the place where he is studying, where he began to find out about these
homosexual websites, then you should do so. If he is under your
guardianship and you are responsible for him, then you should prevent
him from doing that by all possible means. You should remember that
you are responsible for him so long as he is under your care and
authority.
In fact, even if this sinner was not your brother or you did not have
any authority over him, your duty would still be to strive by all
possible means to remove this evil that you see and prevent him from
doing it, and to advise him for the sake of Allah and warn him of
Allah's punishment.
Muslim narrated in his Saheeh (70) that Abu Sa'eed al-Khudri (may
Allah be pleased with him) said: I heard the Messenger of Allah
(blessings and peace of Allah be upon him) say: "Whoever among you
sees an evil action, then let him change it with his hand [by taking
action]; if he cannot, then with his tongue [by speaking out]; and if
he cannot, then with his heart – and that is the weakest of faith."
See also the answers to questions no. 52893and 39357
Secondly:
These signs that you see in your brother's appearance, namely his
clothes and outward appearance, and the way he speaks, are all evil
actions that lead to homosexuality and immorality, even if you do not
know that your brother has committed that action. So how about if he
were to exhibit signs indicating that he has committed that action?
It was narrated that Ibn 'Abbaas (may Allah be pleased with him) said:
The Prophet (blessings and peace of Allah be upon him) cursed
effeminate men and masculinised women and said: "Expel them from your
houses."
Narrated by al-Bukhaari, 5436
Al-Mubaarakfoori (may Allah have mercy on him) said:
That is, men who imitate women in appearance, clothing, using henna,
voice, speech and all their movements. Such actions are prohibited
because it comes under the heading of changing the creation of Allah.
An-Nawawi said:
Effeminate men are of two types. One type is those who were created
like that and are not trying to imitate the attitude of women and the
way they dress, speak and move. For such people, there is no blame,
sin, shame or punishment for them because they are excused.
The second type is those who deliberately imitate women in their
attitude and movements, and imitate the way they speak and dress.
These are the ones who the hadeeth says are cursed. End quote.
We ask Allah to make things easy for you and to set your brother's
affairs straight and help you to discipline him.
And Allah knows best.

Fathwa, -

Question:
I must say that I'm a revert, Alhamdullila, that I was raised as a
catholic and that I was very ungrateful to my Rabb before Islam. Since
I was a little kid I was mischievous and often committed sin. After
one particularly grave sin, and I asked Allah Subhana wa ta'ala (even
thought I was a kaaffir I prayed to Allah azza wa jalla and not Jesus,
peace be upon him) to have mercy on me, and I promised Him not to
marry if He forgave me. Now that I'm Muslim, Alhamdulillah, I protect
my chastity. I know the importance of marriage and the protection it
offers a sister, and I wish I could get married in the future to a
righteous brother (insha'Allah) so I could learn from him and also to
be a comfort for him. But I don't know if I'm excused of not
fulfilling my promise to Allah in this matter or if a woman who used
to be so wicked could aspire to marry a righteous man.
Answer:
Praise be to Allah.
The best thing we can do is start by focusing on the last part of your
question in this brief answer. That is where you wonder whether a
woman like you who had committed various kinds of sins and now wants
to marry a righteous man can do so. This is according to what you say.
We say to you that no one on the face of the earth can come between
you and sincere repentance to Allah, may He be glorified and exalted,
or prevent the mercy and forgiveness of Allah from reaching you, or
prevent His being pleased with the new direction you are taking.
Allah, may He be glorified and exalted, has told us in His holy Book
of everything that fills our hearts with reassurance and hope, as He
says (interpretation of the meaning):
"Say: O My slaves who have transgressed against themselves (by
committing evil deeds and sins)! Despair not of the Mercy of Allah,
verily Allah forgives all sins. Truly, He is Oft-Forgiving, Most
Merciful.
And turn in repentance and in obedience with true Faith (Islamic
Monotheism) to your Lord and submit to Him, (in Islam), before the
torment comes upon you, then you will not be helped.
And follow the best of that which is sent down to you from your Lord
(i.e. this Qur'an, do what it orders you to do and keep away from what
it forbids), before the torment comes on you suddenly while you
perceive not!
Lest a person should say: 'Alas, my grief that I was undutiful to
Allah (i.e. I have not done what Allah has ordered me to do), and I
was indeed among those who mocked (at the truth! i.e. La ilaha
ill-Allah (none has the right to be worshipped but Allah), the Quran,
and Muhammad SAW and at the faithful believers, etc.)'
Or (lest) he should say: 'If only Allah had guided me, I should indeed
have been among the Muttaqoon (pious and righteous persons).'
Or (lest) he should say when he sees the torment: 'If only I had
another chance (to return to the world) then I should indeed be among
the Muhsinoon (good-doers).'
Yes! Verily, there came to you My Aayaat (proofs, evidences, verses,
lessons, signs, revelations, etc.) and you denied them, and were proud
and were among the disbelievers.
And on the Day of Resurrection you will see those who lied against
Allah (i.e. attributed to Him sons, partners, etc.) their faces will
be black. Is there not in Hell an abode for the arrogant ones?
And Allah will deliver those who are the Muttaqoon (pious) to their
places of success (Paradise). Evil shall touch them not, nor shall
they grieve.
Allah is the Creator of all things, and He is the Wakeel (Trustee,
Disposer of affairs, Guardian, etc.) over all things."
[az-Zumar 39:53-62].
And our noble Messenger (blessings and peace of Allah be upon him) has
told us a hadeeth that every Muslim should memorise and keep in mind
so that he might live in contentment, turning to his most generous
Lord, may He be glorified. The Prophet (blessings and peace of Allah
be upon him) said: "Allah, may He be glorified and exalted, said: 'O
son of Adam, so long as you call upon Me and put your hope in Me, I
shall forgive you for what you have done, and I shall not mind. O son
of Adam, were your sins to reach the clouds of the sky and were you
then to ask forgiveness of Me, I would forgive you and I would not
mind. O son of Adam, were you to come to Me with an earthful of sins
earth and were you then to face Me, ascribing no partner to Me, I
would grant you forgiveness as great as it."
Narrated by at-Tirmidhi in as-Sunan, (3540. He said: (It is) hasan
ghareeb. It was classed as saheeh by Shaykh al-Albaani in Saheeh
at-Tirmidhi.
What we fear most for you is that the Shaytaan may try to remind you
of your past sins so that you might end up despairing of the mercy of
Allah, or that he might make you go back to that dark past.
Rather what you must do now is turn to your Lord, may He be glorified
and think positively of Him, with great hope of His bounty and
blessing to you. You should put the past behind you and enter the
world of Islam which encompasses lands and people with mercy and
compassion, as our Lord, may He be glorified and exalted, says
(interpretation of the meaning):
"Allah wishes to make clear (what is lawful and what is unlawful) to
you, and to show you the ways of those before you, and accept your
repentance, and Allah is All-Knower, All-Wise.
Allah wishes to accept your repentance, but those who follow their
lusts, wish that you (believers) should deviate tremendously away from
the Right Path.
Allah wishes to lighten (the burden) for you; and man was created weak."
[an-Nisa' 4:26-28].
You should understand that by becoming Muslim and by leaving behind
the deeds of jaahiliyyah (ignorance) and shirk (associating partners
with Allah), by giving up the sins of the past and repenting to your
Lord, may He be glorified and exalted, you have turned over a new leaf
before your Lord. Islam (becoming Muslim) erases everything that came
before it; all you have to do is keep that new leaf or new page clean
and not go back to those sins that have caused you so much grief and
that you now regret.
One of the signs of Allah's mercy to us is that He does not accept any
pledge or promise from us that is contrary to His laws. Refraining
from getting married in an attempt to draw closer to Him is not an act
of obedience or worship; rather it is contrary to His laws. The
Prophet (blessings and peace of Allah be upon him) heard one of the
people say that he had chosen to be celibate and devote himself to
worship, and he had decided not to get married. But the Prophet
(blessings and peace of Allah be upon him) said: "By Allah, I am the
one who fears Allah the most among you and the one who the most aware
of Him, but I fast and I do not fast, I pray and I sleep, and I marry
women. Whoever turns away from my Sunnah is not of me. Narrated by
al-Bukhaari (5063), Muslim (1401). And it was narrated that Sa'd ibn
Abi Waqqaas (may Allah be pleased with him) said: The Messenger of
Allah (sa) forbade 'Uthmaan ibn Maz'oon be celibate; if he had given
him permission to do that, we would have gotten ourselves castrated.
Narrated by al-Bukhaari (5073). Ibn Hajar said: What is meant by
celibacy here is to cut oneself off from marriage and what it brings
of physical pleasure in order to focus on worship. End quote from Fath
al-Baari, 9/118
Your refraining from getting married in order to focus on worshipping
Allah, may He be exalted, is not part of the religion of Islam; rather
it is part of the religion of jaahiliyyah (ignorance), or it is one of
the things that were abrogated of the laws of previous nations. If a
person swears an oath or makes a promise to Allah, may He be glorified
and exalted, that he will refrain from getting married as a means of
drawing closer to Him, his oath is invalid and his promise is idle
speech that carries no weight, whether he swore that oath before
becoming Muslim or afterwards. The Prophet (blessings and peace of
Allah be upon him) said: "Whoever swears an oath to commit an act of
disobedience, that oath does not count." Narrated by Abu Dawood in
as-Sunan (2191); classed as hasan by al-Albaani in Saheeh Abi Dawood.
It was also narrated from 'Aa'ishah (may Allah be pleased with her)
that the Prophet (blessings and peace of Allah be upon him) said:
"Whoever makes a vow to do an act of obedience to Allah, let him do
it; whoever makes a vow to commit a sin Him, let him not do it."
Narrated by al-Bukhaari (6696).
We congratulate you on your becoming Muslim and we congratulate you
for having been guided to the straight path. We hope that you will
have a happy marriage to a righteous man, by Allah's leave. There is
no sin on you if you break the promise that you made to Allah, may He
be exalted, because it is a promise that is blameworthy in and of
itself, so you do not have to fulfil it; the expiation for that is
feeding ten poor persons, giving each one a meal based on the people's
staple food, or giving the equivalent value in cash.
And Allah knows best.