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Saturday, January 21, 2017

Engagment, Dought & clear, – * It is haraam for a man to be alone with his fiancée or kiss her











I hope that you can explain the following to me: does kissing the cheeks between an engaged couple mean that they must do the greater purification (ghusl)? What is the case if that is on the mouth?
Does the latter invalidate wudoo’ in the case of a married couple?.
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Praise be to Allaah.
Firstly:
A man and his fiancée are not married, rather she is still a “stranger” (non-mahram) to him until the marriage contract is completed. Based on this, it is not permissible for him to be alone with her or to travel with her, or to touch her or kiss her. No one should take this matter lightly, because the Prophet (peace and blessings of Allaah be upon him) said: “If one of you were to be stabbed in the head with a needle of iron, that would be better for him than touching a woman who is not permissible for him.” Narrated by al-Tabaraani from the hadeeth of Ma’qil ibn Yasaar (may Allaah be pleased with him); classed as saheeh by al-Albaani inSaheeh al-Jaami(5045).
Concerning the ruling on touching one’s fiancée or being alone with her, al-Zayla’i (may Allaah have mercy on him) said: It is not permissible for him to touch her face or hands – even if there is no fear of desire – because she is still haraam for him and there is no need for that. End quote fromRadd al-Muhtaar ‘ala al-Durr al-Mukhtaar(5/237).
Ibn Qudaamah said: It is not permissible for him to be alone with her because she is still forbidden, and Islam does not allow anything but looking, so she remains forbidden for him. And because if he is alone with her there is no guarantee that something haraam will not happen. The Prophet (peace and blessings of Allaah be upon him) said: “No man is alone with a woman but the Shaytaan is the third one present.” And he should not look at her with pleasure and desire, or in a dubious manner. End quote.
The Messenger (peace and blessings of Allaah be upon him) warned us against being alone with a non-mahram woman, and said: “No man is alone with a woman but the shaytaan is the third one present.” Narrated by Ahmad, al-Tirmidhi and al-Haakim; classed as saheeh by al-Albaani inSaheeh al-Jaami’(2546).
Secondly:
With regard to the greater purification (ghusl) being required because of kissing, that is not the case. Rather the greater purification is required if maniy (semen) is emitted or if intercourse takes place. This has been discussed in the answer to question no. 7529.
Thirdly:
With regard to wudoo’ being broken by touching a woman,
And Allaah knows best.























PUBLISHERM.NajimudeeN. MD,IRI

Wednesday, January 18, 2017

General Dought & clear, - * Refutation of those who claim that the hadiths which speak of executing the apostate are contrary to the Qur’an










There is a sheikh by the name hassan al maliki he says that many sahih hadith are not authentic e.g he gives example of apostasy.He says that in the Quran it is written there is no compulsion in religion .
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Praise be to Allah
Firstly:
Each branch of knowledge, whether it has to do with shar ‘i knowledge or otherwise, has its principles and guidelines, and it is not permissible for anyone to speak about any branch of knowledge, whether to criticise an issue in that field or to declare it sound or weak, unless his words are based on knowledge and are in accordance with the principles and guidelines of this branch of knowledge.
No one who has not studied medicine, learned it or read about it has the right to criticise the most skilled doctor in the world for no reason other than the fact that his approach to medicine was not acceptable to this critic, and he thinks his approach is incorrect.
The same may be said about the science of hadith or other branches of Islamic knowledge: no one has the right to speak about this branch of knowledge unless he has knowledge of its principles and guidelines. We do not deny that there are fabricated hadiths that are falsely attributed to the Messenger (blessings and peace of Allah be upon him), which we are certain that the Messenger did not say. And there are other hadiths that are weak, which we think most likely that the Messenger (blessings and peace of Allah be upon him) did not say.
But to determine whether a particular hadith is fabricated or weak or sound must be based on knowledge, and must be in accordance with the principles and guidelines of the science of hadith, because the scholars have stipulated conditions for a hadith to be regarded as sound and be accepted. So the one who wants to identify a particular hadith as being weak must show us how these conditions (the conditions of a hadith being sound) are not met in this particular case.
But if his verdict is based on his own speculation and conjecture, or on what he thought was a contradiction, or some other thought in his mind, then this is not acceptable in the field of hadith, just as it is not acceptable in any other branch of knowledge.
Secondly:
With regard to the hadiths which speak about executing the one who apostatises from Islam, not one of the scholars has cast aspersions upon them; rather they are unanimously agreed that they are sound and must be acted upon.
Some of these hadiths meet the highest standards of soundness. Al-Bukhaari (6876) and Muslim (2676) narrated that the Prophet (blessings and peace of Allah be upon him) said: “It is not permissible to shed the blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah except in three cases: a previously-married adulterer; a life for a life; and the one who leaves his religion and separates from the main body of Muslims.”
Part of this was also narrated by al-Bukhaari (6922), such as the hadith: “Whoever changes his religion, execute him.”
The scholars are unanimously agreed that all the hadiths inSaheeh al-BukhaariandSaheeh Muslimare saheeh, apart from a few reports narrated by Muslim only, or by al-Bukhaari only, which some scholars commented on, and explained their reservations concerning them. But other scholars disagreed with them and refuted their views. However, that was within the framework of academic debate and methodological research which is based on proof an evidence, not speculation and conjecture.
An-Nawawi (may Allah have mercy on him) said in the Introduction to his commentary onSaheeh Muslim(1/40, 41):
Shaykh Abu ‘Amr ibn as-Salaah (may Allah have mercy on him) said: Everything that Muslim deemed to be saheeh (sound) in this book is definitely saheeh … The same applies to everything that al-Bukhaari deemed to be saheeh in his book. That is because the ummah accepted it, apart from those whose opinion, whether it differs from or agrees with consensus, is of no significance.
He also said:
Whatever al-Bukhaari and Muslim agreed upon is definitely sound and proven with certainty, because the ummah accepted it. … And the ummah is unanimously agreed that whatever al-Bukhaari and Muslim agreed is sound, is true. End quote.
See also the answer to question no. 119516.
The Sahaabah (may Allah be pleased with them) and the scholars after them are agreed that these hadiths should be acted upon in the case of the apostate.
All of the Sahaabah agreed with Abu Bakr as-Siddeeq (may Allah be pleased with him) with regard to fighting the apostates. ‘Ali ibn Abi Taalib (may Allah be pleased with him) executed a group of apostates during his era, and the Sahaabah agreed with him concerning that, except that some of them disagreed with the way in which he executed them. Ibn ‘Abbaas (may Allah be pleased with him) thought that they should have been executed by the sword instead of burning, as ‘Ali (may Allah be pleased with him) did to them.
Al-Bukhaari (6922) narrated that ‘Ikrimah said: Some heretics were brought to ‘Ali (may Allah be pleased with him) and he burned them. News of that reached Ibn ‘Abbaas and he said: If it were me, I would not have burned them, because of the prohibition of the Messenger of Allah (blessings and peace of Allah be upon him); do not punish with the punishment of Allah. But I would have executed them, because the Messenger of Allah (blessings and peace of Allah be upon him) said: Whoever changes his religion, execute him.”
Thirdly:
With regard to the words of Allah, may He be exalted, (interpretation of the meaning):“There is no compulsion in religion” [al-Baqarah 2:256], this verse does not contradict the command to execute the apostate, because what the verse means is that no one is to be forced to enter Islam, which is well-known from the biography of the Prophet (blessings and peace of Allah be upon him), for he did not force anyone to become Muslim, neither the Jews nor the Christians nor the polytheists. Rather he (blessings and peace of Allah be upon him) would send his armies and instruct the commander of the army to give the polytheists the choice between either entering Islam or continuing to follow their religion and pay the jizyah, and no one would harm them. But if they refuse both options, then there was not choice left but to fight.
Muslim (1731) narrated that Buraydah said: When the Messenger of Allah (blessings and peace of Allah be upon him) appointed commanders for an army or expedition, he would advise them personally to fear Allah, may He be exalted, and to be good to those of the Muslims who were under their command. Then he said: “Fight in the name of Allah, for the sake of Allah. Fight those who disbelieve in Allah. Fight but do not steal from the war booty, do not break your promises, do not mutilate (the enemy dead) and do not kill children. When you meet your enemy among the polytheists, offer them three options, and whichever one they choose, accept it from them and refrain from (fighting) them. Invite them to Islam and if they respond, then accept it from them and refrain from (fighting) them… If they refuse, then ask them to pay jizyah. If they respond, then accept it from them and refrain from (fighting) them. If they refuse that, then seek the help of Allah and fight them.”
So no one is forced to enter Islam, but if he enters the faith and becomes Muslim voluntarily, then he is bound to abide by its rulings, whether he wants to or not, and one of the rulings of Islam is that the one who apostatises from the faith is to be executed.
This is like a person who has never travelled to some country; he is not obliged to travel to it or enter that country, and its laws do not apply to him, so long as he is in some other country and has not travelled there. But if he does travel there, then he is bound by its laws and will be subject to them, and they will be applied to him, whether he wants that or not.
And Allah knows best.
























PUBLISHERM.NajimudeeN. MD,IRI

General Dought & clear, - * He is asking about reinterpreting the Qur’an and Sunnah to suit the age












These days a lot of people say:
"We dont ride horses and camels anymore, we have trains and cars now. We watch TV, have cellphones and high tech health care. So why cant we interpret Quran and Ahadith to fit in todays society?"
How does a Muslim reply to this
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Praise be to Allah
The call to interpret the Holy Qur’an and the Prophet’s Sunnah in a manner that is appropriate for our modern era may be right or it may be wrong. In other words, it may be understood in a proper way or in a wrong way, depending on what the questioner intends thereby, and depending on whether its aims and goals are genuine (Islamic) or are alien ideas.
If the aim is to reinterpret what is proven and clear (of Islamic beliefs and principles) in such a way as to make them drift from the original, definitive meaning, and twist the meanings and objectives of these principles in such a way as to suit the people’s changing whims and desires, thoughts and ideas, then in that case the purpose behind it (reinterpreting basic Islamic beliefs and principles) is undoubtedly wrong. That approach will never stop at cancelling the Qur’anic text and concealing its light only; rather it will go beyond that to cancelling the reason through which we think and understand what we read and hear.
That is because language, which is something common to all people and which may vary from one region to another, is a trustworthy transmitter of goals and meanings, and is the basic means of communication between people. This is something clear in people’s minds and hearts. So whoever hears praise from some person, or lampooning, or criticism, or a command or prohibition, in a clear statement, with a clear meaning, then it makes no sense to understand it as the opposite of the meaning indicated by the language and to change its meaning in a manner that is appropriate to his environment, as he claims. So he understands praise as criticism, a command as a prohibition, a true report as something imaginary, and so on, for that interpretation will lead to real confusion and loss.
Why do such people want to interpret the Qur’an and Sunnah in such a manner, when they know that the basic objectives of the Qur’an are stated in clear texts, and cannot be undermined by interpretations that are based on illusions, and cannot be changed by the interpretations of those who have ulterior motives?
Allah, may He be glorified and exalted, says (interpretation of the meaning):
“And thus have We sent it (the Qur’an) down to be a judgement of authority in Arabic. Were you (O Muhammad (blessings and peace of Allah be upon him)) to follow their (vain) desires after the knowledge which has come to you, then you will not have any Walee (protector) or defender against Allah”
[ar-Ra‘d 13:37]
“And indeed We have put forth for men, in this Qur’an every kind of similitude in order that they may remember.
An Arabic Qur’an, without any crookedness (therein) in order that they may avoid all evil which Allah has ordered them to avoid, fear Him and keep their duty to Him”
[az-Zumar 37:27, 28].
The knowledge and guidance with which the Qur’an and Sunnah were sent down is guidance that is based on fundamental principles and sublime goals, that enable man to learn about the reason for his existence and the purpose of his creation, and the nature of his relationship with his Creator, may He be glorified and exalted, and what will happen after death of the resurrection and reckoning; it explains to people the path of virtue, good manners and noble values. Moreover it is based on the objectives of sharee‘ah, which aim at protecting people’s essential and fundamental needs. In the Qur’an and Sunnah we also find stories of the Messengers and Prophets who carried the torch of light throughout human history, and examples of the sacrifices that they made, and what they had to endure of suffering and persecution at the hands of their nations and peoples, so that these stories might offer lessons for all subsequent generations, in order that humanity will not forget the purpose of their existence, which may be summed up in the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“Who has created death and life, that He may test you which of you is best in deed. And He is the All-Mighty, the Oft-Forgiving”
[al-Mulk 67:2].
It is the right of all people to question in this regard what would be changed of these great basic principles with the change of time and place.
How can it be possible to turn around these holistic objectives to suit our time and present, when they are – in their content and wording, and in their nature – fixed and original values that are not subject to change with changes in time, place and circumstances. Rather these objectives are well-established in the messages of all the Messengers and Prophets, and will remain so until Allah inherits the earth and all who are on it.
What this (the call to reinterpret the religious texts) implies is that the Islamic texts, and the commands and prohibitions they contain, were only addressed to the people who lived at the time when the revelation was sent down, or whose situation is similar to that of those among whom the Qur’an was revealed. As for those who came after them and lived in a world different from theirs, these Islamic texts are not applicable to them.
When people’s circumstances and way of life in general change – as is the case with people nowadays – then (as this call implies) these rulings that are included in the Islamic texts are not applicable to them, whether in terms of commands or prohibitions, and (it implies that) they may interpret the texts in a manner other than the original meaning, and live their lives accordingly, and regard this new interpretation as the correct understanding of the religion in their case, just as the original interpretation represented the correct understanding of the religion in the case of those who were addressed at the time of revelation.
One of those who have this mentality said: The Qur’anic attitude towards women was an attitude that was connected to a particular era, and these rules and regulations were appropriate for a particular era. It is very possible that such rulings and regulations may not be suitable to be applied in the era in which we live. [Hiwaar hawla Qadaayaa Islamiyyah, by Iqbaal Barakah, p. 102].
Another one said: We know that the ancient religious texts were not disconnected from the ancient societies, and that the system of rule, the status of women, man’s rights and duties, and the relationship between religion and political authority in these texts is an expression of the reality of ancient societies, that no longer exists and there is no longer any need for it.
Some of them think that the rules and regulations that have to do with worship and business dealings were dictated by the simple environment of the Hijaz at the time of the Messenger (blessings and peace of Allah be upon him), and they are not connected to any other environment. [Islam Bayna ar-Risaalah wa’t-Taareekhby ‘Abd al-Majeed ash-Sharafi, p. 61]. So man today is not obliged to adhere to these rules and regulations, as a result of the new circumstances he is living in, and when the Qur’an addresses people (“O people…”), what is meant by the people here is the first community that surrounded the Prophet (blessings and peace of Allah be upon him) and that heard the Qur’an from his lips for the first time. [al-Fikr al-Usooliby Arkoon, p. 30].
One of them said: Similarly, it is appropriate here to re-examine some Islamic rules and regulations that were appropriate at that time, but we cannot imagine implementing them nowadays, after the development of international political thought, foremost among which is what is known asfiqh ahl adh-dhimmah(jurisprudence regarding non-Muslims living under Muslim rule)…. There is no way to implement this chapter of fiqh which was produced in particular circumstances in the past.
He also demands re-examination of some economic shar‘i rules and regulations that were introduced in response to a social reality that is completely different from our contemporary reality, foremost among which is that which has to do with bank dealings that form the basis of contemporary economics, such as returns on capital that is loaned, where the aim of prohibiting such returns at that time was to protect the weak and needy, lest the need for money to buy their daily food be exploited, and thus debts would accumulate and the lender would end up seizing their houses and fields.
Something similar may be said about the hadd punishments which were dictated by the circumstances of society at that time, as society at that time was primitive and there was no state or government to ensure safety and security; rather people at that time would pounce on one another for revenge. Therefore establishing the hadd punishments was the least evil and the least harmful of options, because even though they were barbaric, they offered protection to the society of that era from that which was worse, more violent and more barbaric. [Al-Islam wa’l-Hurriyyah al-Iltibaas at-Taareekhi, by Muhammad ash-Sharafi, p. 89].
The hijab is no longer appropriate in the modern era, according to their claim, and it is not befitting to the status and freedom that women have attained, as they are now involved in all fields of public life, such as schools, universities, factories, management and business. Indeed, even acts of worship are subject to change in the modern era, because the way in which the Muslims used to worship at the time when the Qur’an was revealed is not binding upon those who come after them, if their life circumstances change. Rather they can select of these acts of worship those that are appropriate to their circumstances.
if – for example – the Prophet (blessings and peace of Allah be upon him) used to perform his prayers in a certain way, that should not mean that the Muslims in all places, times and circumstances are obliged to adhere to this method. [al-Islam bayna ar-Risaalah wa’t-Taareekhby Muhammad ash-Sharafi, p. 62-63].
Based on this understanding, the conclusion will be that there is no fixed meaning to the Islamic texts, so what the people of a particular era understand as being required of them may become something that is not required for others, and what they understand to be not required of them may be understood by others as being required, as a result of changes in cultures from one time to another. [an-Nass, as-Sultah, al-Haqeeqah, by Nasr Haamid Abu Zayd, p. 139].
The reason for this misguided approach is because they view the texts of the Qur’an and Sunnah as texts written by humans that are to be dealt with like any other texts; therefore they may be subjected to what other texts are subjected to, and may be examined in the light of history and the changes and developments that affect societies!?
Therefore Nasr Haamid Abu Zayd said: The Qur’anic text – even though it is a divine text – does not go beyond being a text; therefore it should be subject to the rules of literary criticism, like any other literary text. [Mafhoom an-Nass: Diraasah fi ‘Uloom al-Qur’an, by Nasr Abu Zayd, p. 24].
Arkoon said: The Qur’an is no more than one text among others, and is the same in terms of complexity and the rich and powerful meanings that it contains, like the Torah, Gospel, and Buddhist and Hindu scriptures. Each of these fundamental texts was subject to various interpretations at different times of history, and may be subject to further interpretation in the future. [al-Fikr al-Usooliby Muhammad Arkoon, p. 36].
This is clearly a specious argument. How could you equate the Book of Allah with these distorted books or those that were written by humans? How can you compare the words of the Lord of the Worlds, Who has knowledge of what was and what shall be, with the words of humans who have but little knowledge? The words of Allah cannot be limited and restricted to a particular time, because Allah revealed it to be a constitution and guidance for all people in every time and place, and He knows what is best for His slaves and what is appropriate for them in all times and circumstances; nothing is hidden from Him, and He is the All-Hearing, the All-Seeing. We say to these people (interpretation of the meaning):“Do you know better or does Allah?” [al-Baqarah 2:140]. End quote fromBid‘at I‘aadah Fahm an-Nass, by Shaykh al-Munajjid (p. 51-56).
But if what is meant by his question is understanding new developments in the light of Islamic teachings by applying the texts of revelation to these developments in our own time, and trying to examine these new developments, whether minor or major, in the light of the Islamic texts and in a manner that serves the objectives and fundamentals of the Qur’an and Sunnah, and in a manner that respects the basic principles of Islam in general, and emphasises the importance of adhering to the commands and prohibitions of sharee‘ah, whilst taking into account the changes in time, place and circumstances in issues that are subject to ijtihad and the weighing up of pros and cons, where there is no specific text concerning these issues, then that should be done in a manner that is based on proper understanding of the spirit of Islam and its core message, in such a way as to deal with the concerns of modern man and enable him to adhere to the rules and regulations prescribed by Allah for His slaves. This is a sound aim that we should all strive for, and it is approved by all scholars, who have all striven to achieve it in all times and eras.
The scholars discussed – for example – the value of truthfulness and sincerity, and how that may be achieved and applied within the variables of their societies, and how belief in the unseen and in the resurrection and life after death may present an integrated framework for dealing with the concerns of our time and the troubles that people are facing, and the impact that this belief may have in achieving justice in the rules and regulations that govern people’s lives, if their constitutions and systems of law were based on the principles of justice and mercy and the objectives of the last message to humanity, namely the message of Islam. There are many similar examples and details that we could discuss, with no end. All of these are noble aims and a sound approach, and we call for and support all of it, as the teachings of Islam themselves call for it and support it, because the teachings of Islam include factors that make it suitable for every time and place, and qualify it to give answers for new developments throughout the ages, helping the scholars to understand the changing social dynamics and to avoid being frozen in some traditional mould. This is a matter the reality of which cannot be understood except by one who understands the sciences of usool al-fiqh (basic principles of Islamic jurisprudence), qawaa‘id at-tafseer (foundations of Qur’anic exegesis) and the philosophy of ‘aqeedat al-Islam (Islamic doctrine).
This type of reinterpretation should be subject to many guidelines, as the scholars, mufassireen and fuqaha’ are well aware, among the most important of which are the following:
1. Adhering to scholarly consensus, for whatever the scholars agree upon is constant and cannot be changed or altered; whatever the scholars differed about may be subject to re-examination and review, which gives us space for renewal.
2. Adhering to the rules of the Arabic language with regard to the meaning of individual words and understanding the context of those words as they were understood by the first generation, in whose language the Qur’an was revealed, and avoiding any interpretation that is contrary to the guidelines on the language and sound understanding of the Arabic language.
3. Examining all the shar‘i evidence that helps us to understand a particular text and interpreting the Qur’an in the light of the Qur’an itself and in the light of the Prophet’s Sunnah and the views of the Sahaabah and Taabi‘een, for the sources of sharee‘ah – as explained by the scholars of usool – are several; the mufassir must examine them and understand them so that he may develop a sound understanding and so that his conclusion will be based on sound methodology, otherwise his conclusion may not be sound and correct.
4. One of the most important guidelines in this type of reinterpretation is that those who take on this task must be qualified people who combine knowledge with fear of Allah, and people whom the people of knowledge testify are well-versed in knowledge and are specialists who are well-versed in the religious texts and the objectives of sharee‘ah, in addition to having a sound religious commitment, piety and fear of Allah, may He be glorified. Thus the way will be blocked to those who want to violate the sanctity of the Holy Qur’an (by misinterpreting it), those who claim to have knowledge but are ignorant, and pretend to possess what they do not have of knowledge of religious texts and wisdom.
And Allah knows best.






















PUBLISHERM.NajimudeeN. MD,IRI