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Monday, March 3, 2014

Dought & clear, - Is there a difference between naafil, sunnah, mandoob andmustahabb?













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What is the difference between Sunnah ghair mu aqqadah and nawafil when both are voluntary?
Praise be to Allah
Sunnah mu’akkadah (confirmed Sunnah), naafil (supererogatory), voluntary and mandoob (recommended) all share a similar meaning; they are acts of worship that are enjoined and encouraged in Islam, without being obligatory. The one who does them will be rewarded but there is no sin on the one who does not do them.
That is like praying qiyaam al-layl (optional prayers at night), the sunan rawaatib (regular Sunnah prayers), starting on the right when putting on one’s clothes, and so on. Some of the scholars think that these words are similar in meaning, whilst others – like the Maalikis – differentiate between them. In their view “Sunnah” refers to something that the Prophet (blessings and peace of Allah be upon him) did persistently; naafil refers to things that he did sometimes and not at other times.
Ad-Dasooqi al-Maaliki said: Naafil refers in linguistic terms to something extra or additional; in Islamic terminology it refers to that which the Prophet (blessings and peace of Allah be upon him) did but did not do persistently, i.e., sometimes he did not do it and sometimes he did do it. It does not mean that he stopped doing it altogether, because one of his characteristics is that if he did a righteous deed he would not stop doing it altogether after that. … With regard to “Sunnah”, in linguistic terms it refers to a way or path; in Islamic terminology it refers to that which the Prophet (blessings and peace of Allah be upon him) did openly when he was among a group of people, and he persisted in doing it, but there is no proof to indicate that it is obligatory. Sunnahs that are described as mu’akkadah (confirmed) are those that bring a great deal of reward, such as Witr.
End quote fromHaashiyat ad-Dasooqi, 1/312
Al-Khateeb ash-Sharbeeni ash-Shaafa‘i said: Chapter on offering naafil prayers. Naafil in linguistic terms refers to something extra; in Islamic terminology it refers to actions other than those which are obligatory. They are so called because they are extra to what Allah, may He be exalted, has made obligatory. Naafil is similar to Sunnah, mandoob (recommended), mustahabb (encouraged) and so on. This is the well-known view.
End quote fromMughni al-Muhtaaj, 1/449
Ibn an-Najjaar al-Hanbali said: That which is mandoob (recommended) is called Sunnah, mustahabb, naafil, and so on… The highest of that which is recommended is Sunnah, then fadeelah (virtue), then naafilah.
End quote fromSharh al-Kawkab al-Muneer, p. 126
It should be noted that the Hanafis regard the one who does not do Sunnah mu’akkadah (confirmed Sunnah) actions as having sinned, but they say that his sin is less serious than that of one who fails to do obligatory (waajib) actions.
There is no difference of opinion among the scholars concerning the fact that some Sunnah actions are more confirmed and bring greater reward than others. Thus it may seem that this difference of opinion is the matter of a difference in names only; with regard to the meaning, there is no difference of opinion concerning it.
Ibn Nujaym al-Hanafi said: What appears to be the case from the words of our fellow scholars in our madhhab is that sin is incurred by failing to do obligatory (waajib) or sunnah mu’akkadah actions, according to the correct view, because they clearly stated that the one who omits the sunnahs of the five daily prayers is not said to have sinned, but the correct view is that he is sinning. This was stated inFath al-Qadeer. And they clearly stated that the one who fails to pray in congregation is sinning even though it is a sunnah mu’akkadah according to the correct view. And there are other similar examples to be seen by the one who studies their words. Undoubtedly the sin in some cases is greater than in others, and the sin of one who does not do the sunnah mu’akkadah action is less serious than that of the one who does not do the obligatory (waajib) action.
End quote fromal-Bahr ar-Raa’iq, 1/319
And Allah knows best.









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For children, - An Elephant and A small Fly (Stay Focussed)













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A disciple and his teacher were walking through the forest. The disciple was disturbed by the fact that his mind was in constant unrest.
He asked his teacher: "Why most people's minds are restless, and only a few possess a calm mind? What can one do to still the mind?"
The teacher looked at the disciple, smiled and said: "I will tell you a story. An elephant was standing and picking leaves from a tree. A small fly came, flying and buzzing near his ear. The elephant waved it away with his long ears. Then the fly came again, and the elephant waved it away once more."
This was repeated several times. Then the elephant asked the fly: "Why are you so restless and noisy? Why can't you stay for a while in one place?"
The fly answered: "I am attracted to whatever I see, hear or smell. My five senses pull me constantly in all directions and I cannot resist them. What is your secret? How can you stay so calm and still?"
The elephant stopped eating and said: "My five senses do not rule my attention. Whatever I do my work, I get immersed in it. Now that I am eating, I am completely immersed in eating. In this way I can enjoy my food and chew it better. I rule and control my attention, and not the other way around."
On hearing these words, the disciple's eyes opened wide and a smile appeared on his face. He looked at his teacher and said: "I understand! If my five senses are in control of my mind and attention, then my mind is in constant unrest. On the other hand, if I am in charge of my five senses and attention, then my mind becomes calm." Yes, that's right, answered the teacher.
The Moral of the Story: The mind is restless and goes wherever the attention is. Control your attention, and you can control your mind.







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Sunday, March 2, 2014

Fathwa, - Dowry of a pregnant wife who is asking for Khulu













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Question
I live in pakistan. I married last year )09-11-2005(. Everything was normal upto 20th of April-2006. I was at factory where i am doing job. I called my wife at 7.45 pm, we talked more than 5 minutes. everything was normal. After 40 minutes i received her call and she informed me that her father came from other city and she is going to her sister house. I said okay. Her father talked to me and asked me to come my sister-in-law house. At that time i was on my way to my house. I turned towards my sister-in-law house. I reached there first and after 5 minutes my wife reached with her father. Her father accused me lot and told me that my wife is going with her father to other city where they live. I simply refused their accusation because they were all base less. I asked my wife 3 times infront of her father and her sister to go with me for home. But she didn't answer. Next day they flew to their native city. Fiest they ask for Sepration. Her parents abused me and my parents. My wife and her parents accused me and humillated my parents. We tried 3 time to solve the matter. But her parents refused to send her. They said 95% this relation has finished. The MEHAR is 1 lakh rupees. Out which 83 thousands have been paid through Jewelry from my side. She took all jewelry of both sides and her all clothes from her side.My wife is pregnent and delivery is to be expacted in mid of August 2006. From last 2 months they are quiet. If They ask for Khula, what will be the status of MEHAR which i already paid? What about the baby?
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.
We advise the questioner to first attempt to tackle this problem with wisdom. This can be done by allowing a third party )close relatives or acquaintances( from the people of knowledge, venture and reason, and who have influence on disputing parties, to mediate between him and the family of his wife. The mediation should aim to let the family of the wife know that ruining the relationship between their daughter and her husband is one of the major sins, and is part of the handicraft of the devils. The Prophetsaid: “Indeed, Iblees )Satan( places his throne upon water; he then sends detachments ]for creating dissension[; the nearer to him in rank are those who are most notorious in creating dissension. One of them comes and says: I did such and such. And he says: You have done nothing. Then one amongst them comes and says: I did not spare so and so until I sowed the seed of discord between him and his wife. The Satan goes near him and says: ‘you have done well.’” ]Muslim[
In addition, the Prophetsaid: “The one who ruins the relationship of a woman with her husband is not one of us.” ]Abu Daawood[
However, if the questioner wronged his wife or her family, he should rectify what he did in order to facilitate reconciliation. If, thereafter, the family of your wife persist on what they have been doing, then you need to know that they do not have the right to force you to divorce or have Khulu’ ]a divorce sought by the wife through the Muslim judge[. In addition, you may raise the issue to the Islamic court.
If, however, you did not find a solution that is binding on them, other than accepting Khulu’, we believe that you should accept the Khulu’. The Prophetsaid: “Those women who seek khulu’ ]without valid grounds[ are the hypocrites.” ]At-Tirmithi and An-Nasaa’ee[ Furthermore, you may stipulate ]in the Khulu’[ that she should return what you paid of dowry back to you in full, and waive the rest of it. Please refer to Fatwa 89039about Khulu’ and its most important rulings.
Concerning the custody of a child when his parents separate, the mother has the right for custody even if transgressed in seeking the Khulu’, as this is the apparent position of the scholars, except in the case where the mother is aFaasiqah)rebellious against the rules of Allaah(, as rebellion is one of the preventive reason for having custody.
However, if a dispute arises about the qualification of the mother for having custody, in this case the matter should be decided by a Muslim judge as ImaamAn-Nawawistated.
Please refer to Fatwa 90467concerning who has the right for a child’s custody, and to whom it may be transferred.
Furthermore, the jurists stated that the husband has the right to stipulate the right for the child’s custody in the Khulu’.Ad-Dardeersaid, “The khulu’ in which a wife waives her right for custody to her husband is permissible. The right of custody will be transferred to him even if, without this waiver, there is someone else, besides him, who has more right over it.”
Therefore, it is permissible for the questioner to stipulate the right for the child’s custody in exchange for Khulu’.
Allaah Knows best.









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