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Saturday, February 14, 2015

Kind Treatment of Spouses, - Dought & clear, - * He lives in America and has done the marriage contract with her; can she travel to join him?



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I am a young woman living in Jordan, and I got engaged on the basis of a contract to a young man who is religiously committed and fears Allah, and he lives in America. We have been engaged for a year and a half, and he is still studying. My question is: is it permissible for me to travel to be with him and his mother until he finishes his studies, then we can go to where he is going to work? Please note that until now there is no place where we can get married and live together. In other words I would stay with him until he finishes his studies. Please note that I cannot stay away from him more than that, and my being with him will help him to keep away from the fitnah that surrounds him.
Praise be to Allaah.
If you mean that the marriage contract has been done for you and there remains nothing but consummation of the marriage, and that he wants to consummate the marriage with you there, then there is nothing wrong with that; rather it is something good and we encourage you and advise you to go ahead, because it is better for you to be with your husband and it is more chaste for you and for him, and will keep both of you further away from fitnah.
Your family and his should announce news of the consummation of the marriage everywhere and publicise it in the place where you are. It is not essential for the consummation to actually take place in the country where you are; rather that may be easier for you and it may be more affordable to get married this way in the beginning, then after that you can prepare your home gradually.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
It is better for a woman to travel overseas with her husband than to stay in her country; that is better for her and for him too. I do not see anything wrong with it.
End quote fromLiqa’ al-Baab al-Maftooh, 81/17
See also the answer to question no. 3477
In that case he has to come and travel with you, or one of your mahrams should travel with you to take you to him, because a woman can only travel with a mahram. See the answer to questions no. 316and 34380
If you mean that you will travel to him without that which is customarily called consummation, meaning that you would be travelling to him thinking that you are married in the sense that a marriage contract has been done but the marriage has not been consummated, in spite of all that you mention, and that the actual consummation of the marriage will come after he finishes his studies and gets a house and a job, when he can afford the expenses of marriage and the consequences and costs thereof, this is a kind of messing about and fooling oneself, and that is something that is not acceptable at all.
This idea of yours seems to be based on the way you phrased your question, “I got engaged on the basis of a contract” i.e., a marriage contract, as some people call this period an engagement period, even if the shar‘i marriage contract has been done.
But if that does not mean a marriage contract, then it is not permissible for you to travel to him and none of the aims of marriage result from that. Rather you should look at what your words really mean.
It says inFataawa al-Lajnah ad-Daa’imah(18/69): Mere engagement between a man and woman does not mean that it is a marriage contract. Both the man and the woman may change their minds if they see fit during that period, whether the other party agrees or not.
And Allah knows best.







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Friday, February 13, 2015

Pilgrimage, & Dought & clear, - * The age that the animal should have reached for hadiya and udhiyah



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Is there a specific age for the hadiy and it is not permissible to slaughter an animal younger than that? What is the meaning of the words of Allah (interpretation of the meaning): “sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel) such as you can afford” [al-Baqarah 2:196]?.
Praise be to Allaah.
The shar’i evidence indicates that what is acceptable in the case of sheep is that which has reached the age of six months; in the case of goats it is that which has reached the age of one year; in the case of cattle it is that which has reached the age of two years; and in the case of camels it is that which has reached the age of five years. Anything younger than that is not acceptable as a hadiy or udhiyah. This is what is meant by “a Hady such as you can afford,” because the texts from the Qur'aan and Sunnah explain one another.
And Allah is the source of strength; may Allah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote.
Standing Committee for Academic Research and Issuing Fatwas.
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Qa’ood
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Pilgrimage, & Dought & clear, - * He did all the actions of Hajj except tawaaf al-ifaadah, then he died. Can tawaaf be done on his behalf?



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What is the ruling on a person who did all the actions of Hajj apart from tawaaf al-ifaadah, then he died? Can tawaaf be done on his behalf or not?.
Praise be to Allaah.
If a person did all the actions of Hajj apart from tawaaf al-ifaadah, then he died before that, tawaaf should not be done on his behalf, because Ibn ‘Abbaas (may Allah be pleased with him) said: Whilst a man was standing with the Messenger of Allah (blessings and peace of Allah be upon him), he fell from his mount and broke his neck and died. They mentioned that to the Prophet (blessings and peace of Allah be upon him) and he said: “Wash him with water and lotus leaves, and shroud him in his two garments, but do not perfume his body or cover his head, for Allah, may He be exalted, will raise him on the Day of Resurrection reciting the Talbiyah.” Narrated by al-Bukhaari, Muslim and the authors ofal-Sunan. The Prophet (blessings and peace of Allah be upon him) did not say that tawaaf should be done on his behalf; rather he stated that Allah would raise him on the Day of Resurrection reciting the Talbiyah, because he remained in his ihram as he did not do tawaaf and tawaaf was not done on his behalf.
And Allah is the source of strength; may Allah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote.
Standing Committee for Academic Research and Issuing Fatwas.
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Munayyi’






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Pilgrimage, & Dought & clear, - * The difference between Hajj and sitting after Fajr for which there is a reward equal to a completed Hajj



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What is the difference between Hajj and sitting after Fajr prayer until the sun rises, then praying two rak’ahs, as the Messenger (peace and blessings of Allaah be upon him) told us that the one who does that will have a reward like that of a complete, complete, complete Hajj?.
Praise be to Allaah.
Firstly:
With regard to sitting after Fajr prayer until the sun rises then praying two rak’ahs, it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever prays Fajr in congregation then sits remembering Allaah until the sun rises, then prays two rak’ahs, will have a reward like that of Hajj and ‘Umrah, complete, complete, complete.” Narrated by al-Tirmidhi (586).
There is some difference of opinion as to the soundness of this hadeeth. A number of scholars classed it as weak, and others classed it as hasan. Among those who classed it as hasan was al-Albaani (may Allaah have mercy on him) inSaheeh Sunan al-Tirmidhi.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about it and he said: This hadeeth has some isnaads with which there is nothing wrong, thus it is regarded as hasan li ghayrihi (hasan because of corroborating evidence), and it is mustahabb to offer this prayer after the sun has risen to the height of a spear, i.e., approximately fifteen or twenty minutes after sunrise. End quote fromFataawa al-Shaykh Ibn Baaz(25/171).
The apparent meaning of this hadeeth is that the one who does that will have the reward of a complete Hajj and ‘umrah, and this is a bounty that Allaah bestows upon whomsoever He wills.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: It says in the hadeeth, “The one who sits in the place where he prayed after Fajr prayer until the sun rises, it will be like a complete, complete Hajj and ‘umrah,” or words to that effect. Does this mean that the one who does that will have the reward like that of Hajj and ‘umrah, or what does it mean?
He replied:
Firstly: this hadeeth is subject to further discussion. Many scholars classed it as daeef (weak). Secondly: if we assume that it is saheeh, the reward of Allaah is not subject to analogy. A person may be rewarded greatly for a small deed, because the reward is a bounty from Allaah that He gives to whomsoever He will. End quote fromal-Liqa’ al-Shahri(74/22).
As for the difference between this sitting and performing Hajj and ‘Umrah, Hajj involves spending money, striving physically and putting up with hardships, and it is obligatory for the one who is able to do it, and it is one of the pillars of Islam. This sitting, remembering Allaah and praying is likened to Hajj in terms of reward only. The hadeeth does not mean that the one who does that has performed Hajj and ‘umrah and is no longer obliged to do them.
This is similar to the case if one saysLaa ilaaha ill-Allaah wahdahu laa shareeka lah(there is no god but Allaah alone with no partner or associate) one hundred times – it is like freeing ten slaves. But if a person was obliged to offer kafaarat yameen (expiation for breaking an oath, one form of which is freeing a slave), and he recited this dhikr, that would not count instead of freeing the slave as required.
It is well known that the scholars said concerning such cases: The likeness is in reward, not in discharge of one’s duty.
The meaning of this hadeeth is aimed at encouraging us to remember Allaah, may He be exalted, and to sit in the mosque until sunrise, and do two rak’ahs after that.




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