Fathwa, - His wife sued him for Khul' and does not let him see his daughter

Share ::-

Question
Respected scholar, I had been blessed with daughter on 5 March 2012, As my case is under trial in Islamic court. I came to about the birth of my daughter on 9 Mach 2012 from other sources and rushed to meet her but my mother in law did not enter me the room )Hospital( and called up police, for the same I complained in Islamic court. Judge of that court just called them for not doing so as this is against of any law but did not give any order in written. As my wife needs Khula at the earliest. Can i hang her ? What should i do in this grief situation ?
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 not permissible for a husband to keep his wife hanged in a way that he neither keeps her in kindness nor divorces her; because of the harm that this causes to her. Allaah Says about the husband who divorces his wife )what means(: }And when you divorce women and they have ]nearly[ fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress ]against them[. And whoever does that has certainly wronged himself.{ ]Quran 231[
On the other hand, a wife may requestKhul’]divorce in return for compensation[ if she has a sound reason for doing so as we clarified in Fatwa 84309. So, if your wife is permitted to ask forKhul’, it is recommended that you accept her request forKhul’and not keep her hanged.
As regards seeing your daughter, then this is your right and she )your wife( is not permitted to prevent you from seeing her even if she is the one who is entitled to child custody after divorce. In case she refuses and insists on not allowing you to visit your daughter, and you do not find a way to get your right to )see( your daughter except by procrastinating about givingKhul’, then it is permissible for you to do that as Allaah permitted the husband to put some pressure on his wife who is recalcitrant regardingKhul’so that she would give him back what he had given her )as a dowry(. No doubt taking back his right from her is more permissible for him as Allaah Says )what means(: }And do not make difficulties for them in order to take ]back[ part of what you gave them unless they commit a clear immorality.{ ]Quran 4:19[
Ash-Shanqeetisaid inAdhwaa’ Al-Bayaan: “The scholars differed in opinion in regard to what is meant by ‘clear immorality’, so a group of them said: “It is Zina )adultery( and some others said: “It is recalcitrance, disobedience and obscenity. However, it appears that the verse includes all this and this is the view chosen byIbn Jareer. Besides,Ibn Katheersaid: “This is good, so if she commits Zina, or speaks obscene words, or becomes recalcitrant, it becomes permissible to annoy her so that she would ransom herself with what he had given her as we have previously stated that the meaning of the verse is general.”
Hence, we advise you to take the matter of her preventing you from seeing your daughter to an Islamic court in your country as the court is in a better position to resolve the dispute and give each one his/her right.
If there is no Islamic court, then you should take your case to a scholar who fulfills the requirements for being a judge, and if your wife refuses, then do not divorce her or grant herKhul’until you ensure your right of seeing your daughter and taking care of her affairs after separating from your wife.
The fact that the custody of the child is for the mother does not mean that she can prevent the husband from seeing his child and the jurists unanimously agreed that both parents have the right to visit his/her children if the custody is for the other parent.Ibn Qudaamahsaid in his book entitled Al-Mughni: “The parent who has the right of custody has no right to prevent the other parent from visiting the child that is with him/her.”
Therefore, if it is the mother who has the custody of the child, the father has the right to visit his child who is with her without any restrictions on this visit. For more benefit, please refer to Fatwa 84575.
For more information on Khul’.
Allaah Knows best.







:: Share ::

- PUBLISHERNajimudeeN M

Health - Try this super fruit - details at http://aydnajimudeen.blogspot.com

With its sweet-tangy flavour and high nutrient content, the Kiwi fruit
makes a tasty ingredient in smoothies, salads, desserts and cakes. The
best quality fruit come from New Zealand since the favourable climatic
conditions and rich volcanic soil ensure consistent quality and taste.
Kiwi fruit is rich in vitamins and minerals compared to other popular
fruits. For exampleit has twice the Vitamin C content compared to
oranges and five times more nutrient content compared to apples making
it a "Super Fruit".
It is also a good source of dietary fibre, Vitamin E, potassium, folic
acid, carotenoids, antioxidants and trace minerals. Truly itis a
nutritional powerhouse. Here's a quick look at its various benefits:
Vitamin C content (85.1 mg) helps boost immunity.
High fibre content (3 gm) improves digestion.
Its Glycemic Index number(48.5) makes it suitable fordiabetics.
Folic content (38.2 ug) benefits pregnant women.
The magnesium (14.4 mg) content is vital for normal body functions
Vitamin E content helps fight age-related macular degeneration.
Its low fat and low sodiumcontent makes it ideal for patients with
heart disease and diabetes and also helps weight loss.
Its anti-oxidant property helps reduce blood pressure and high
cholesterol levels.
Quick tips
Best eaten when ripe or slightly soft
Store at room temperatureor with apples and bananas for quick ripening
Keywords: Kiwi fruit ,

Biography, - Faatimah bint Al-Munthir ibn Al-Zubayr ibn Al-'Awwaam, may Allaah have mercy upon her - details at http://aydnajimudeen.blogspot.com

Asmaa', may Allaah be pleased with her, is a well-known figure in
Islamic history; not only was she the daughter ofAbu Bakr, may Allaah
be pleased with him, and the sister of 'Aa'ishah, may Allaah be
pleased with her, but she was the obedient wife of the great
companionAz-Zubayr ibn Al-'Awwaam, may Allaah be pleased with him. Her
role in supporting the Prophet,sallallaahu 'alayhi wa sallam, and her
examples of sacrifice and forbearance are ever-alive in the annals of
Islamic History. She was named'Thaat An-Nitaaqayn')the One with the
Two Waistbands( due to an incident in which she used two waistbands in
order to tie food for the Prophet,sallallaahu 'alayhi wa sallam, and
her fatherAbu Bakr, may Allaah be pleased with him. They had
leftMakkahforMadeenahand were being pursued by the enemy. It
wasAsmaa's, may Allaah be pleased with her, job to deliver this food
to them with the utmost secrecy; late into her pregnancy she climbed
up MountThawr. For those who aren't acquainted with this Mount it
should suffice for you to know that even the youth are caught gasping
for breath when climbing its rocky tracks. What droveAsmaa', may
Allaah be pleased with her, with her unborn, to undertake such a
dangerous journey? It was no other than the deep love she had for the
Prophet,sallallaahu 'alayhi wa sallam, and her father. Later, when Abu
Jahl came to the house ofAbu Bakr, may Allaah be pleased with him,
full of rage and anger he askedAsmaa', may Allaah be pleased with her,
the whereabouts of her father and the Noble Messenger,sallallaahu
'alayhi wa sallam. Standing strong, with faithflowing through every
inch of her being, she replied that she did not know. He slapped her
across her face; she stood strong and unyieldingly with a heart full
of love for this religion.
Her love did not end with the demise of the messenger,sallallaahu
'alayhi wa sallam, on the contrary, she, may Allaah be pleased with
her, ignited this deep love into the hearts of her children and
grandchildren. One such grandchild that benefited greatly from her
company was no other thanFaatimahbintAl-Munthir, may Allaah have mercy
upon her. Allaah choseFaatimah, may Allaah have mercy upon her, to be
a light whose name would shine - even today- in the books ofAhaadeeth.
Faatimah bint Al-Munthir, may Allaah have mercy upon her, is respected
as one of the leadingTaa'biaatof her time )the generation after the
companions(. She was a great scholar and was renowned as
aFaqeehah)Jurist( and was married to her cousinHishaam ibn 'Urwah ibn
Al-Zubayr, may Allaah have mercy upon him.Hishaamwas also a great
scholar and narrator. Some of his leading students included:Imaam Abu
Haneefah,Imaam Maalik,Shu'bahandSufyaanAl-Thawri, may Allaah have
mercy upon them.
Although they were both cousins,Hishaam, may Allaah have mercy upon
him, had not acquired fromAsmaa', may Allaah be pleased with her, the
manyAhaadeethof the Prophet,sallallaahu 'alayhi wa sallam,
thatFaatimah, may Allaah have mercy upon her, had acquired fromAsmaa',
may Allaah be pleased with her. Hence, he would ask his wife and learn
from her the words of the Prophet,sallallaahu 'alayhi wa sallam,
memorizing them and in turn informing his companions and students of
what his wife had taught him.
Many have narrated fromFaatimah, may Allaah have mercy upon her, such
asMuhammad ibn Is-Haaq, may Allaah have mercy upon him, )the author of
one very famous book ofSeerah( and others, yet her husbandHishaam, may
Allaah have mercy upon him, comes as one of the leading figures
narrating directly fromFaatimah, may Allaah have mercy upon her.
The following are just a few examples from the major and unanimously
accepted books of narrations, in whichHishaam, may Allaah have mercy
upon him, narrated directly from his wifeFaatimah, may Allaah have
mercy upon her.
1.Hishaam, may Allaah have mercy upon him, narrated from his
wifeFaatimah, may Allaah have mercy upon her, from her
grandmotherAsmaa', may Allaah be pleased with her, that she said:'A
woman came to the Messenger of Allaah, sallallaahu 'alayhi wa sallam,
and said: 'O Messenger of Allaah, I have a daughter who is a bride:
she has a disease )measles( that has thinned her hair. Can I join
]another's hair[ to it? The Messenger of Allaah, sallallaahu 'alayhi
wa sallam, said:'The curse of God is on the one who joins ]another's
hair in this way[ and the one who asks for this ]joining another's
hair.'']Al-Bukhaari, Muslim, Al-Nasaa'i & Ibn Maajah[
2.Hishaam, may Allaah have mercy upon him, says:'Faatimah, may Allaah
have mercy upon her, narrated to me from Asmaa', may Allaah be pleased
with her, that she said: 'We ate meat of one of our horses in the time
of the Prophet, sallallaahu 'alayhi wa sallam.']Al-Bukhaari, Muslim,
Al-Nasaa'i & Ibn Maajah[
3.Hishaam, may Allaah have mercy upon him, narrates fromFaatimah, may
Allaah have mercy upon her, fromAsmaa', may Allaah be pleased with
her, that she said:'The Messenger of Allaah, sallallaahu 'alayhi wa
sallam, said to me:"Give ]of your wealth[, spend ]from it[ and pay
out; do not hold it back, otherwise Allaah will hold back from you; do
not count ]it[ otherwise Allaah will count over you."]Al-Bukhaari,
Muslim & Al-Nasaa'i[
4.Hishaam, may Allaah have mercy upon him, also narrated from her the
longHadeethfound in the books ofAl-BukhaariandMuslim, may Allaah have
mercy upon them, about the prayer on the occasion of the solar
eclipse.
For some of the most leading scholars of Islam, the likes ofImaam
Al-BukhaariandImaamMuslim, may Allaah have mercy upon them, to record
theseAhaadeeeth,in which:
1. Women have narrated the hadeeth
2. A man has narrated from his wife.
Holds great lessons for those who claim that the Scholars of Islam
were misogynist and andocentric. On the contrary the very books that
are considered the most reliable sources of Islamic knowledge contain
narrations that contain chains which bear the names of women.
Further, these examples bear sufficient proof that men would, without
embarrassment, narrate from their wives openly.
Was it not forHishaam, may Allaah have mercy upon him, who learnt
fromFaatimah, may Allaah have mercy upon her, who learnt fromAsmaa'may
Allaah be pleased with her, we may have been bereft of these beautiful
pearls of wisdom that were extracted from the sea of Prophet-hood.

Biography, - Faatimah bint Muhammad ibn Ahmad, may Allaah have mercy upon her

Share ::-

We are now going to meet one of the greatest Faqeehah )woman-scholar of Islamic Jurisprudence( of her time. She was renowned for her grounded knowledge of Hanafi Jurisprudence and was no other than the daughter of the great scholar and jurist, Muhammad ibn Ahmad ibn Abu Ahmad ‘Alaa’ Ad-Deen Al-Samarqandi, may Allaah have mercy upon him, whose bookTuhfat Al-Fuqahaa’is well-known by the scholars and students of knowledge. Not only did she learnFiqhfrom her father, but she memorized his bookTuhfat A- Fuqahaa’.
Being a jurist in itself is no small matter; one needs to be well-acquainted with the Quranic verses, ahaadeeh of the Prophet, sallallaahu ‘alayhi wa sallam, and the principles of theMathabthey wish to base their ruling on. Further they need to have knowledge of the circumstances and needs of the contemporary world. Her knowledge, may Allaah have mercy upon her, was such that it exceeded her husbands, who would consult her for her opinions, especially when lie erred in passing aFatwa. Her name was Faatimah bint Muhammad ibn Ahmad, may Allaah have mercy upon her, and her father had married her to ‘Alaa’ Ad-Deen Abu Bakr ibn Mas‘ood Al-Kasaani, may Allaah have mercy upon him, who was highly distinguished in the fields ofAl-Usool and Al-furoo‘and who was as"The king of scholars".He wrote a commentary onTuhfat Al-fuqahaa’entitledBadaa‘i Al-Sanaa‘i, and showed it to his Shaykh )the father of Faatimah(, who was delighted with it and accepted it as a dowry for his daughter, although he had refused offers of marriage for her from some of the kings of Byzantium. The juristsof his time said,“He commentated on his )teacher's( Tuhfah and married his daughter.”
Before her marriage,Faatimah, may Allaah have mercy upon her, used to issueFataawa)religious edicts and verdicts( along with her father, and theFataawawould be written in her handwriting and that of her father. After she married the author ofAl-Badaa‘i, theFataawawould appear in her handwriting and that of her father and her husband. Her husband, may Allaah have mercy upon him, would make mistakes, and she would correct them. Ibn Al-'Adeem, may Allaah have mercy upon him, said,‘My father narrated that she used to quote the Hanafi Mathab )school of jurisprudence( very well. Her husband Al-Kasaanee sometimes had some doubts and erred in the ]issuing of a[ Fatwa; then she would tell him the correct opinion and explain the reason for ]his[ mistake … Her husband used to honor her and highly respect her’
She, may Allaah have mercy upon her, authored many books from which scholars benefited, and she used to have a study circle. She lived during the era of the just rulerNoorud-Deen Ash-Shaheed, may Allaah have mercy upon him, who would consult her about different issues and he used to generously gift her.
Surprised? But as we will come to see, there were many like Faatimah bint Muhammad, may Allaah have mercy upon her, who would follow her footsteps in the coming centuries.







:: Share ::

- PUBLISHERNajimudeeN M