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Saturday, November 30, 2013

Fathwa, - The husband's financial responsibilities after divorce







Question:
My wife and I are coming to the logical end of our marriage. The only thing that keeps us together is the two children. My Question is what are my financial commitments to her after the divorce. She says they continue until she weds again. Is this the case? She wants the kids, and I cannot separate them from their mother. I will live nearby. Please advise me. As it is, I have a backlog of debt to her, where she forewent nafaqah, and I must repay it. Do I owe anything on top of this?
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
One of the rights of the wife on the husband is her financial support, which includes food, clothing, shelter, etc..
Allah Most High says:
�Let the man of means spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him� (Surah al-Talaq, V.7),
This financial support (nafaqah) is binding upon the husband throughout the marriage, if the wife gives herself to him or offers to. (al-Mausili, al-Ikhtiyar, 4/229).
If the marriage unfortunately came to an end, then the woman will receive this financial support throughout the waiting period (iddah). Once the post marital waiting period comes to an end, the obligation of Nafaqah no longer remains on the husband.
Allah Most High says:
�Let the woman live (in iddah) in the same style as ye live, according to your means. Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend on them until they deliver their burden� (Surah al-Talaq, V. 6).
It should be remembered that the wife will be entitled to this financial support (during the waiting period) regardless of whether the divorce was revocable or irrevocable. (Radd al-Muhtar, 3/609).
As far as the Nafaqah for the previous years is concerned, the Fuqaha mention that if a period passed, in where the husband failed to provide financial support for his wife, the amount he should have paid does not remain a debt he owes to her.
However, there are two exceptions for this:
1) If both spouses agreed that it will be paid later
2) The Judge (qadhi) ordered that it should be paid later
Imam al-Haskafi (Allah have mercy on him) states in his Durr al-Mukhtar:
�Financial support (nafaqah) will not become a debt except with judgment (qadha) or by agreement (radha)� (See: Radd al-Muhtar, 3/594).
Therefore, if you did not make an arrangement with your wife of paying the Nafaqah later, it will not be binding on you to pay her for the previous years. However, if you do, out of your own will, you will be rewarded.
And Allah knows best








PUBLISHER Najimudeen M

Fathwa, - Waiting period for a non-menstruatingwoman prior to menopause






Question:
Can you explain to me what the judgment is for the woman whose husband has divorced her, but she has no menstrual period nor is she in menopause. I would like to know specifically the length of time of her iddah? Is it 3 consecutive months? If you have any information please list your source. I have been told that her iddah is not over till she reaches the age of 64. Is this true? I would like to know the judgment from each of the four major madhabs.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
The waiting period (idda) for a female who does not experience menstruation due to childhood (saghira), who is on menopause (a�yisa) and who reached the age of puberty without experiencing menstruation, will be three consecutive Islamic months.
Allah Most High Says:
�Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same)� (Surah al-Talaq, V.4).
If the women experienced menstruation for three days or more, and then her menstruation stopped, the original ruling for her is that she will have to wait until she starts menstruating again or she reaches the age of menopause (iyaas). This is according to the Hanafi and Shafi�i schools (Radd al-Muhtar, 3/508).
According to the Maliki and Hanbali schools, the preferred opinion is that she will wait until one year is complete (al-Fiqh al-Islami wa Adillatuh, 7185).
The age of menopause according to the Hanafi Fuqaha is thirty years for a woman who never experienced menstruation, and fifty five years for the one who did experience menstruation, but stopped for some reason.
However, due to immense difficulty and hardship incurred by acting upon this ruling, the fuqaha have given a dispensation in that the Maliki opinion of one year can be followed.
Ibn Abidin, the great Hanafi jurist quotes al-Zahidi as saying:
�Some of our scholars used to issue a Fatwa in this issue according to the opinion of Imam Malik, because of need� (Radd al-Muhtar, 3/509).
Many contemporary scholars have also given the same ruling, however the following points need to be taken into consideration before acting upon this ruling:
1) The woman should first resort to medication. If all attempts fail, then she can act upon this ruling of one year.
2) This ruling should be passed by a Maliki judge. However, if this is difficult, then it will permissible even without the judgment.
3) If menstruation appears during this period of one year, then the Idda of three menstruations should be observed (Imdad al-Fatawa, 2/431 & Ahsan al-Fatawa, 5/435).
In conclusion, a woman who does not menstruate due to illness should first resort to medication. If all attempts fail, then she can re-marry after the period of one year is over.
And Allah knows best









PUBLISHER Najimudeen M

Fathwa, - Science and Sunna: Moon Sighting and Waiting Periods





Question:
It has been suggested that we no longer need to sight the moon to determine the onset of Islamic months, as reliable astronomical calculations enable us to answer the question. If this is permissible, does it mean, by analogy, that women need no longer observe Iddah after divorce or bereavement, since pregnancy can reliably be excluded or confirmed by testing urine or blood, and by ultrasound scans. Moreover, DNA fingerprinting means paternity can be determined after birth in any event. I ask this question as I have some reservations about the use of technology that may lead us to forgo some aspects of the Sunnah.
Answer:
Walaikum assalam,
1. While most contemporary scholars accept benefiting from calculations for exclusionary purposes, they affirm that actual eye-sighting is a condition for establishing the Islamic months and mention many benefits to it.
2. The reason behind idda is not only to establish that the woman is not pregnant: even a woman who did not have intercourse with her huband for years must go through this. The gravity of idda gives a powerful reminder to the individuals involved, and the society around them, about the seriousness of the marriage bond, the future benefits of which are obvious upon reflection.
And Allah alone gives success.










PUBLISHER Najimudeen M

Women site, - Hidden Dangers in Raising Children-I

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We all know that many of us have been brought up in an environment of ignorance --this is an undeniable fact that is particularly true of the present generation. Most of us were raised by parents who viewed religion and religiosity as a superfluous or unnecessary matter, and felt that we should avoid the apparent aspects of religiosity as much as possible. The young men of this generation were raised on these principles through the school curricula and the ideas, hopes, dreams and perceptions of the society they lived in. Man is the product of the society in which he lives, exactly like a tree which, if planted in infertile soil, would grow weak, unstable and vulnerable to blights; if it was planted in fertile soil, its roots would go deep in the earth, its branches would be high in the sky and it would produce its fruits all the time with the permission of its Lord.
The one who assumes the responsibility of upbringing is like a farmer, who plucks out the thorns and clears the weeds from among the plants so that they can grow properly. Therefore, it is a great asset when a Muslim finds someone proficient in education or discipline, who would purify him from the defects acquired from his environment and society or which result from his mixing with people. A disciplinarian would immediately rectify the defects a person absorbs from his environment and his peers, which worsen the whispers and inclinations of the evil-enjoining soul. Moreover, a disciplinarian would implant the desire to do righteous deeds in place of defects and fill the soul, which inclines to egoism and desires, with goodness and concerns of the Hereafter that purify, refine and elevate his soul. If a Muslim succeeds in finding this sort of righteous disciplinarian, he would enjoy happiness in this life and in the Hereafter.
If he fails to find an honest, strong and wise disciplinarian who would continuously advise him, confusion would permanently encircle him and destroy his identity. Accordingly, he would become a bad example of moral conflict between his inner and outer self. Man's innate disposition attracts, invites and urges him to righteousness; whereas, his persistently evil-enjoining soul, supported by his whims and bad morals that he may have acquired through a corrupt environment and upbringing, drives him to falsehood. So, man possesses both goodness and righteousness, but his apparent state is that often corruption dominates his behavior, resulting in loss and confusion due to his evil desires. He remains in this state until Allaah The Almighty facilitates a way of guidance for him where he finds others lending him a helping hand.
He would be fortunate if he met a knowledgeable man from the People of the Sunnah )Ahl As-Sunnah( who comprehends the soul, knows its diseases and cures them. Such a disciplinarian would help him get rid of the defects and remnants of ignorance that are attached to him. Consequently, his soul will return pure and his heart will be clean, and he will move on the way of true happiness with an open and assured heart.
A Muslim brought up well since his childhood:
The Muslim who has been raised and grows up with goodness and who has absorbed it, without being touched by ignorance, would not stand in need of what we mentioned. Thus, Allaah The Almighty admonishes us regarding negligence in raising our children and holds the parents responsible for reforming or corrupting their children. Allaah The Almighty Says )what means(:}O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are ]appointed[ angels, harsh and severe; they do not disobey Allaah in what He commands them but do what they are commanded.{]Quran 66:6[
In reference to this verse, Ibn 'Abbaas, may Allaah be pleased with him, commented, "Discipline and teach them." Muqaatil, may Allaah have mercy upon him, said, "The Muslim should discipline himself and his family, commanding them to do goodness and forbidding them from doing evil." A man and his family cannot be protected from the Fire except by abandoning misdeeds, doing righteous deeds and fearing Allaah The Almighty regarding his family, by punishing them for matters for which he punishes himself.
The Prophet, sallallaahu 'alayhi wa sallam, pointed out the hidden pitfalls involved in bringing up children and recognized that a proper upbringing is an effective tool in formulating the personality of children. It was narrated on the authority of Abu Hurayrah, may Allaah be pleased with him, that the Prophet, sallallaahu 'alayhi wa sallam, said:"Every human being is born with a sound innate inclination to the truth, but it is his parents who make him a Jew, a Christian or a Magian. As an animal produces a perfect young animal: do you see any part of its body mutilated?"Abu Hurayrah, may Allaah be pleased with him, recited:}]Adhere to[ the Fitrah ]innate disposition[ of Allaah upon which He has created ]all[ people. No change should there be in the Creation of Allaah.{]Quran 30:30[
Raising children is one of the greatest duties of Muslims. Regretfully, Muslims today are not very concerned about it. A Muslim father erroneously understands that his role and responsibility are only limited to providing financial support and earning a living. These days, very few Muslims care about giving their children a correct religious upbringing and patiently persevere with it. These are the duties and rights that every father will be questioned about on the Day of Resurrection.
How is it that you leave your children in confusion to be misguided by deviants, then are perplexed when they have been misguided? The Prophet, sallallaahu 'alayhi wa sallam, said:"All of you are guardians and are responsible for your subjects. The ruler is a guardian and responsible for his subjects; the man is a guardian of his family and responsible for his subjects; the woman is a guardian in her husband's house and responsible for her subjects; a servant is a guardian of his master's property and responsible for his subjects. So, all of you are guardians and are responsible for your subjects."]Al-Bukhaari and Muslim[
Ibn Al-Qayyim, may Allaah have mercy upon him, affirmed this responsibility, saying,
A Muslim who neglects to teach his child what benefits him and leaves him in vain, has done a grave evil. Most children have become corrupt because of the negligence of their parents and their failure to teach them the obligations and voluntary acts of Islam. The parents neglected their children during their childhood, so the children could not benefit themselves or benefit their parents when they grow older. One day, a father blamed his son for being undutiful to him, but the son replied, 'My father, you were undutiful to me when I was young, so I was undutiful to after you grew old; you neglected me when I was young, so I neglected you after you grew old."
These are obligatory rights, not just recommended ones. The Prophet, sallallaahu 'alayhi wa sallam, said:"Allaah will ask every caretaker about everything that was entrusted to him, whether he preserved it or wasted it, and He will ask the man about his family."]Ibn Hibbaan[ ]Al-Albaani: Saheeh[
Shaykh Muhammad Al-Khidhr Husayn, may Allaah have mercy upon him, said, "O guardian, if you abdicate the responsibility of your child, I fear that you would receive a double punishment. You would be punished for mutilating this precious jewel in an excruciating manner, and you would have an allocated share of the general offence."
The Prophet, sallallaahu 'alayhi wa sallam, forewarned us about giving advice as much as we can to those whom Allaah The Almighty has put under our authority. The Prophet, sallallaahu 'alayhi wa sallam, said,"A slave whom Allaah has given authority over some people and he does not give them advice, will never smell the fragrance of Paradise."]Al-Bukhaari[