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Saturday, December 21, 2013

Fathwa, - Husband is not obliged to provide a..










Question
I had 6 children from a previous marriage which ended in the death of their father. I recently remarried, alhamdulillah. Before we got married I was living in a home a great distance away from my husband. Seeing him on a regular basis was becoming a hardship because he had to travel so far to see us and it was beginning to take its toll on the family business and other important issues in life. Even though he advised me to stay with him, I decided to allow his other wife to remain in the home with him and I stay in her much smaller home for 6 months until my house was fixed. We discussed 6 months being the time span for this house getting ready. It has been over a year now, and the home is till not ready. I want to begin the repairs on the house but unfortunately something always comes up, taking his mind elsewhere. Should I be allowed to purchase a home of my choice, move into his home and the other wife move back into her place )the smaller place im in now(? i decided to stay here because I didnt want the other wife to feel "put out" by me living in the home they were sharing and it was only supposed to be for 6 months. I really want to get out of here and into a home with the space needed with so many children but I am afraid to put such pressure on my husband because I dont want to be seen as impatient or ungrateful. This is not what I agreed to. I want to begin to make this place my home by fixing it up but I am not allowed to do anything accept clean it because we are subject to inspections and other regulations. I feel like my life is on pause.
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.
First of all, your question is not clear enough. Generally, we can say that it is not obligatory upon the husband to support or provide accommodation for the children of his wife from a previous marriage. But it is obligatory for the husband to provide his wife with a separate and suitable accommodation. The accommodation does not have to be owned by him, but it is sufficient that he is able to use it by renting it, leasing or the like.
It is not obligatory for the husband to treat his wives equally in the matter of accommodation. It is permissible for him to make for some of his wives larger or better accommodation than the other, provided that he gives each wife her due right of spending and accommodation. Also, it is permissible for the wife to forgo some of her rights regarding financial support, accommodation and overnight stay.
Accordingly, you have the right to ask your husband for a separate and suitable accommodation for you. You do not have the right to ask him for accommodation for your children from your first husband unless he decides to do so from his own free will. There is nothing wrong with giving up your right to accommodation and living in your house. Also, there is no blame on you if you live with your husband in his house, even if this leads to moving the other wife to a smaller house.
Allaah Knows best.






Fathwa, - Does husband have tomake nights up..



Question
SALAAMU ALAIKUM, My husband has multiple wives. If me and him go on a trip to handle business, does the time we are gone count as "my" time with him ? Does the time we spent together when away have to be made up to the other wife? If I am sent to go handle the family business by myself, am I entitled to get my days back?
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 Muhammadis His slave and Messenger.
According to the strongest view of scholars, the husband has no right to travel with one of his wives a distance that is considered a travel without him drawing lots between all his wives or after seeking their approval. The Kuwaiti Fiqh Encyclopedia reads: “The Shaafi’i and the Hanbali Schools of Fiqh agree that a husband is not permitted to travel with some of his wives – one or more – unless the other wives agree or after drawing lots )between them(.”
If he travels without drawing lots or without pleasing them, then he is obliged to make up for the share of his other wives ]regarding spending the night with them[.
On the other hand, if one of his wives travels with his permission for his need, she does not then forfeit her rights, but if she travels for her need with his permission, then the jurists differed in opinion about this matter.Ibn Qudaamahsaid in his book, Al-Muqni’: “If she refuses to travel with him, or refuses to spend the night with him, or if she travels without his permission, then she forfeits her night; but if she travels at his request, then she retains her right to that; but if she travels for her need with his permission, then there are two different opinions in this regard. For more benefit, please refer to Fatwa 86264.
Finally, it should be noted that a woman is not permitted to travel except with a husband or a Mahram, regardless of whether she travels with the permission of her husband.Ibn ‘Abbaasrelated that the Prophetsaid: ''A woman is not permitted to travel except with a Mahram..."
Allaah Knows best.

Fathwa, - She doubts whether her husband was ..










Question
Assalamu Alaykum. A practicing muslimah married a convert brother. After marriage she began doubting if he really is a believer, due to the kufr things he sometimes said. He also refused to pray but he fasted ramadan. However, recently he seems to have changed and he is learning how to pray. He also denies the things he used to say. But she feels that their nikah was invalid if he was not completely convinced about Islam at the time of marriage. He has agreed to redo their nikah. Do they have to wait one month )iddah( before redoing nikah, and if she is pregnant must they wait until she delivers? Also, is the sister correct in thinking this way, or is it wrong to suspect someone of kufr when they deny it. May Allah bless you. Thank you.
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 Muhammadis His slave and Messenger.
First of all, it should be noted that a Muslim man or woman should be careful about marrying a recent convert to Islam unless believes with probable cause that he or she is sincere in that. In embracing Islam, it is not enough to utter the Two Testimonies of Faith without abiding by the rites of Islam. Indeed, many people pretend to embrace Islam with the intent of marriage and then it becomes clear that they are not sincere in claiming to be a Muslim. This is speaking in general terms. For more benefit, please refer to Fatwa86498.
As regards the man in question, then if he had embraced Islam and had abided by the rites of Islam in general, then this woman should not doubt that he is Muslim. Him abandoning the prayer may be due to his ignorance that the prayer is an obligation or due to his laziness in performing it without denying that it is an obligation. This alone does not take a person out of the fold of Islam according to the view of the majority of the jurists. Also, if he says some statements that are considered an act of disbelief, then he is excused for his ignorance because he is a new Muslim. In this case, he should be advised and taught.
Therefore, if he married that woman while fulfilling the conditions of a valid marriage contract, then it is a valid marriage. Now, if the two spouses wish to renew their marriage contract in order to be on the safe side, then no 'Iddah )waiting period( is needed, and also they do not need to wait for Istibraa' )to give birth or make sure that the wife is not pregnant(.
Allaah Knows best.






Women Site - Righteous Salaf, - The Daughters of Scholars









Islam advocates educating women and enlightening them about the teachings of religion, as this greatly influences the life of women as well as that of their children in the future. As Hafiz Ibrahim, the Poet of the Nile, said,"The mother is a school; if she is well-prepared, a noble nation is prepared."
The Prophet,sallallaahu ‘alayhi wa sallam, addressed women with some of his admonishment and in manyHadeeths)narrations( he used to say:"O womenfolk…."He even specified a day on which he used to address them, when some
female Companions, may Allaah be pleased with them, said to him,"Men are always with you. So, specify a day for us." He indeed specified a day on which he met them, admonished them and commanded them…"]Al-Bukhaari and Muslim[
The Prophet,sallallaahu ‘alayhi wa sallam, used to urge women to teach each other. For example, he said to Ash-Shifaa’ bint ‘Abdullaah Al-‘Adawiyyah, may Allaah be pleased with her,"Teach Hafsah the Ruqyah )protective and healing supplications( for Namlah )Namlah literary means ant. It is a skin disease where pustules appear on the side of the body and they are swallowed like ants(, just as you taught her writing."]Ahmad and Al-Haakim[
The Mothers of the Believers, such as ‘Aa’ishah and Hafsah, may Allaah be pleased with them, used to explain and teach matters of the religion to women. This was also the guidance of other male Companions, may Allaah be pleased with them, for they were keen to teach their women and inform them about the teachings of the religion, especially rulings that are specific to women, such as those related to ritual purification, menstruation, post-partum bleeding, prayer, marriage, divorce, breastfeeding, and so on. Some Companions, may Allaah be pleased with them, used to hold gatherings of knowledge in their homes in order to teach their children and daughters.
An-Nawawi, may Allaah have mercy on him, transmitted on the authority of Qataadah, may Allaah have mercy on him, who was aTaabi‘i)successor of the Companions(, that Anas ibn Maalik, may Allaah be pleased with him, whenever he completed recitation of the whole Quran, used to gather his family and supplicate AllaahThe Almighty. ]Ibn Abu Daawood[
On the whole, scholars were keen to teach women. History has recorded the biographies of women who were knowledgeable in religion and were taught by their fathers, brothers and husbands. Such men present shining examples in caring for and educating both men and women without discrimination. Life did not divert them from their duty towards their families until their sons and daughters grew into excellent role models in knowledge and piety.
Here we mention the biographies of some women who learned from their fathers and husbands. The purpose of this series is to highlight the woman's position in Islam. Women scholars were appreciated by Muslim biographers and therefore they included them in their classifications of great figures and biographies. It is hoped that this series will urge women students to exert their best efforts in learning religion and mastering what is beneficial for them in their scientific and practical life.
These women scholars specialized in different branches of knowledge at different ages, and their names have been arranged alphabetically. The names of women Companions, may Allaah be pleased with them, have not been included because they are numerous and well-known. Rather, we will mention women from among theTaabi‘is)followers( and their successors:
Asmaa’ bint Asad ibn Al-Furaat
Her fatherwas Maghrib’s )North-West Africa( famous scholar and judge. She was her father’s only daughter and he used to teach her the Quran,Hadeeth)narration( andFiqh)Islamic jurisprudence(. She used to attend her father's assemblies of knowledge and contribute to debates. When her father was appointed as the army's commander in order to conquer Sicily, he attained a great victory and besieged the city of Sousse, but was killed there in 213 AH. Asmaa’ married one of her father’s students whose name was Muhammad ibn Abu Al-Jawaad and who was a head of the Hanafi scholars inMaghrib. Asmaa’, may Allaah have mercy upon her, died in 250 AH.
To know more about her biography, reviewAd-Dibaaj Al-Math-habby Ibn Farhoon )page 305( andFaqeehaat ‘Aalimaatby Muhammad Khayr )page 29(.
The sister of Al-Muzani
She is sister of the Shaafi‘i scholar, Ismaa‘eel Al-Muzani, the companion of Ash-Shaafi‘i, may Allaah have mercy on them, who died in 264 AH. His sister used to attend theFiqhlectures of Ash-Shaafi‘i, may Allaah have mercy upon him. Some of the Shaafi‘i scholars used to transmit herFiqhopinions and her decisions regarding what she believed to be the most preponderant opinions. To know more about her biography, reviewTabaqaat Ash-Shaafi‘iyyahby Al-Asnawi )Volume 1 / page 443(
Hafsah bint Seereen
She is sister of the nobleTaabi‘i,Muhammad ibn Seereen, may Allaah have mercy upon him. She was trustworthy and knowledgeable inFiqhas well as in other branches of knowledge. She was a sincere worshipper and one of the most prominentTaabi’iwomen. She completed memorization of the Quran at the age of twelve and lived for seventy years. Her brother, Muhammad, used to ask her about what he did not have knowledge about in the Quran. Mahdi ibn Maymoon mentioned that she remained in her place of worship for thirty years and did not leave it except for a siesta and answering the call of nature. She died after 100 AH. Her traditions are mentioned in different books ofHadeeth.To know more about her biography, reviewTahtheeb Al-Kamaalby Al-Mizzi )Volume 35 / page 151( andSiyar ‘Alaam An-Nubalaa ’by Ath-Thahabi )Volume 4 / page 507(.