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Sunday, February 24, 2013

Who are the Mahrams of a Woman?

When people distance themselves from the instructions of Islam and the
rulings of religion -- especially those which guard chastity and the
'Awrah (parts of the body that must be covered), prevent mixing of
progeny and other immoral acts -- they fall into the pit of vice and
immorality. This is encouraged bythe enemies of Islam who try to
control women with all the possible means until they lead them astray
and strip them of their modesty, under the pretext of "liberating"
them. In reality, they wanted to liberate women from their religion,
modesty, and chastity.
As a ruling of Sharee'ah (Islamic legislation), a woman has to know
who her Mahrams (non-marriageable men) are, so as to guard herself and
her religion.
The following question was raised to An-Nawawi : "Who is the woman
whom a man is permitted to look at and meet her in seclusion?"
An-Nawawi replied, "It is every woman whom he is permanently forbidden
to marry due to a permissible reason because of her unlawfulness."
"Permanently" is said to exclude the wife's sister and her like,
namely her paternal aunt, maternal aunt, and her daughter if the
marital contract is concluded with the mother yet the marriage has not
been consummated with her.
"Due to a permissible reason" excludes the mother and her daughter
with whom a man had sexual intercourse mistakenly believing that it
was lawful. The mother and her daughter are permanently forbidden, not
because of a permissible reason, but because doubtful intercoursewhich
is neither described as permissible nor unlawful, because the man was
oblivious and thus, incompetent to receive religious commitment at
that time.
"Because of her unlawfulness" excludes the woman who is involved in
Li'aan (oath of condemnation). This woman is permanently forbidden to
remarry (her ex-husband) as an act of punishment, not because she is
unlawful for him. Allaah knows best." [The Fataawaa that is known as
Al-Manthooraat by An-Nawawi, question no. 223.]
Allaah The Almighty Says (what means): {And not expose their adornment
except that which [necessarily] appears thereof and to wrap [a portion
of] their headcovers over their chests and not expose their adornment
except to their husbands, their fathers, their husbands' fathers,
their sons, their husbands' sons, their brothers, their brothers'
sons, their sisters' sons, their women, that which their right hands
possess, or those male attendants having no physical desire, or
children who are not yet aware of the private aspects of women.}
[Quran 24:31]
As regards "their fathers" up to the end of the verse, &Ibn Katheer&&
said, "These are all Mahrams for the woman who, therefore, is allowed
to appear tothem in her adornment without excessive display of
beauty."
Explanation of Mahrams:
• Their fathers: The woman's father.
• Their husbands' fathers: The husband's father and grandfathers, up
to all levels.
• Their sons: The woman's sons down to all levels, and also the sons
of daughters down to all levels.
• Their husbands' sons: Male sonsof the husband, including grandsons
down to all degrees, whether they are sons of the husband's sons or
daughters.
• Their brothers: The woman's brother
• Their brothers' sons: The brother's sons down to all degrees.
• Their sisters' sons: The sister's sons down to all degrees.
• Their women: Muslim, not polytheistic women, according tothe
preponderant opinion.
• That which their right hands possess: This may mean either:
bondmaids or bondmen.
• Male attendants having no physical desire: They are men who are not
at the same level as the women and have no interest in or desire for
women; or the oblivious person who has no desire; an imbecile; and, an
impotent man. The eunuch who can describe women is excluded.
• Children who are not yet aware of the private aspects of women:
Because they are so young they do not understand anything about women
or their 'Awrah (parts of the body that must be covered). If a child
is young and does not understand that, there is nothing wrong with him
entering upon women, but if he is an adolescent or approaching
adolescence, so that he knows and understands these things, and can
make a distinction between a woman who is beautiful and one who is
not, then he should not enter upon women.
First benefit:
Are a woman's paternal and maternal uncles her Mahrams?
Al-Qurtubi said, "The majority of scholars held that thematernal and
paternal uncles of awoman are like other Mahrams inthat they are
allowed to see of the woman what is permissible for them to see."
Second benefit:
Is the daughter's husband a Mahram for her mother?
Ibn Katheer said, "The majority of scholars held that thewife's mother
becomes forbidden to be married to a person once he concludes the
marital contract with her daughter."
Third benefit:
Is the mother's husband a Mahram for her daughter (i.e. his stepdaughter)?
A mother's husband (the stepfather) is not a Mahram for her daughter
except on two conditions, as Ibn Hajar said in Al-Fat'h, "The
prohibition of marrying a stepdaughter is stipulated by two things:
o She must be under the guardianship of the man
o The man should have consummated the marriage with her mother.
Therefore, the stepfather is not a Mahram to his step-daughter if only
one of the two conditions exists."
This view was adopted by Daawood ibn 'Ali and his companions, chosen
by Ibn Hazm, narrated by Abu Al-Qaasim Ar-Raafi'i on the authority of
Maalik . However, Ibn Taymiyyah found it dubious and did not hold a
certain opinion regarding it.
Finally, the majority of scholars held that the stepdaughter is
unlawful to her stepfather in marriage, whether she was under his
guardianship or not. Please check Tafseer ibn Katheer and Fat'h
Al-Baari.

Divorce in Islam

Marriage, as prescribed by Allaah, is the lawful union of a man and
woman based on mutual consent. Ideally, the purpose of marriage is to
foster a state of tranquillity, love and compassion in Islam, but this
is not always the case. Islam discourages divorce but, unlike some
religions, does make provisions for divorce by either party.
Allaah provides general guidelines for the process of divorce with
emphasis on both parties upholding the values of justice and kindness
in formalising the end to their marriage (see [Quran 2: 224-237] for
general guidelines regarding divorce).
Allaah encourages the husband and wife to appoint arbitrators as the
first step to aid in reconciliation in the process of divorce. If the
reconciliation step fails, both the man and woman are guaranteed the
right to divorce as established in the Quran, but the difference lies
in the procedure for each one. When a divorce is initiated by the man,
it is known as Talaaq.
The pronouncement by the husband may be verbal or written, but once
made, there is to be a waiting period of three months ('Iddah) during
which there can be no sexual relations, even though the two are living
under the same roof.
The waiting period helps to prevent hasty terminations due to anger
and allows both parties time to reconsider as well as to see if the
wife is pregnant. If the wife is pregnant, the waiting period is
lengthened until she delivers. At any point during this time, the
husband and wife are free to resume their conjugal relationship,
thereby ending the divorce process. During this waiting period, the
husband remains financially responsible for the support of his wife.
The divorce initiated by the wife is known as Khul' (if the husband is
not at fault) and requires that the wife return her dowry to end the
marriage because she is the 'contract-breaker'. In the instance of
Talaaq, where the husband is the 'contract-breaker',he must pay the
dowry in full in cases where all or part of it was deferred, or allow
the wife to keep all of it if she has already been given it in full.
In the case that the husband is atfault and the woman is interested in
divorce, she can petition a judge for divorce, with cause. She would
be required to offer proof that her husband had not fulfilled his
marital responsibilities. If the woman had specified certain
conditions that are Islamically accepted in her marriage contract,
which were not met by the husband, she could obtain a conditional
divorce.
The controversy regarding the seeming inequity in divorce lies inthe
idea that men seem to have absolute power in obtaining a divorce. The
interpretation of scholars in the past has been thatif the man
initiates the divorce, then the reconciliation step for appointing an
arbiter from both sides is omitted. This understanding diverges from
the Quranic injunction. Any differencein powers between the husband
and his wife with regard to divorce can be extracted from thefollowing
verse (which means): {...And due to them [i.e., the wives] is similar
to what is expected of them, according to what is reasonable. But the
men have a degree over them [in responsibility and authority].
AndAllaah is Exalted in Might and Wise.} [Quran: 2:228]
In the following verse, according to existing interpretations,
Allaahgives the reason for the small difference in the verse (which
means): {Men are in charge of women by [right of] what [qualities]
Allaah has given one over the other and what they spend [in support]
from their wealth. So righteous women are devoutly obedient, guarding
in [the husband's] absence what Allaah would have them guard.} [Quran:
4:34]
Thus, it is clear that there is a 'degree' of difference with regards
to the rights of men and women in divorce, and that the greater right
that men were given is due to their being the leaders and financial
supporters of the household. This, however, does not mean that women
are inferior to men or that they are second-class human beings.
Many of the laws regarding divorce in some Muslim countriesare based
upon Quranic references on the subject. As with all human laws, they
must adapt to dynamic circumstances. Issues pertaining to custody
havebecome controversial. For example, Allaah in the Quran advises the
husband and wife to consult each other in a fair manner regarding
their children'sfuture after divorce, as this verse states (which
means): {…If they both desire weaning through mutual consent from both
of them and consultation, there is no blame upon either of them.}
[Quran: 2:233]
Some jurists stipulate that custody of the child is awarded to the
mother if the child is under a certain age and to the father if the
child is older. There is no Quranic evidence of age being a
determinant for custody. Similarly with regard to the issue of
alimony, in the Quran the ex-husband's financial obligation to his
ex-wife is mandated, but a specific formula for the amount of support
is missing; Allaah Says (what means): {And for divorced women is
maintenance accordingto what is acceptable – a duty on the righteous.}
[Quran 2:241] This is open for negotiation between parties and should
be in accordance with the husband's financial ability.
There has been much distortion and propagation of misunderstanding
about a woman's rights related to marriage and divorce. Only with
self-education and awareness of the Quranic text are men and women
able to learn the truth that Allaah has prescribed and understand the
scholarly interpretations in order that the spirit of justice is
realised. Allaah Says (what means): {And when you divorce women and
they fulfil their term [of their 'Iddah], either keep them according
to reasonable terms or release themaccording to reasonable terms, and
do not keep them, intending harm, to transgress [against them]. And
whoever does that has certainly wronged himself. And do not take the
verses of Allaah in jest. And remember the favour of Allaah upon you
and what has been revealed to you of the Book [i.e., the Quran] and
wisdom [i.e., the Prophet's Sunnah] by which He instructs you. And
fear Allaah and know that Allaah is Knowing of all things.} [Quran
2:231]

Dought & clear,- Her Christian family areorganizing a running contest in memory of their deceased loved one; what should she do about that?.

I lost one of my family members this year, who was a Christian, as my
family is Christian and I am a Muslim woman. Hence my mother wants to
organize a marathon in honour of this deceased relative. I do not know
the nature of this thing they want to do, but what I do know is that
the teams will gather, and other people will gather with them; each
team has a different colour and the teams will start running;
whichever team completes three circuits first will be the winner and
will be give a cash prize. I do not know the ruling on this, but they
are going to do it in memory of the deceasedperson. What is the ruling
on this in Islam? What should I do with regard to this matter?.
Praise be to Allah.
Firstly:
If a person dies following a religion of kufr, whether he was a
Christian or a Jew, then he is one of the people of hell and will
abide therein for eternity. Allah, may He be glorified and exalted,
says (interpretation of the meaning):
"Verily, Allah forgives not that partners should be set up with him in
worship, but He forgives except that (anything else) to whom He
pleases, and whoever sets up partners with Allah in worship, he has
indeed invented a tremendous sin"
[an-Nisa' 4:48]
"Surely, they have disbelieved who say:"Allah is the Messiah ('Eesa
(Jesus)), son of Maryam (Mary)." But the Messiah ('Eesa (Jesus)) said:
"O Children of Israel! Worship Allah, my Lord and your Lord." Verily,
whosoever sets up partners in worship with Allah, then Allah
hasforbidden Paradise for him, and the Fire will be his abode. And for
the Zalimoon (polytheists and wrongdoers) there are no helpers.
Surely, disbelievers are those who said: "Allah is the third of the
three (in a Trinity)." But there is no ilaah (god) (none who has the
right to be worshipped) but One Ilaah (God -Allah). And if they cease
not from what they say, verily, a painful torment will befall the
disbelievers among them.
Will they not repent to Allah and ask His Forgiveness? For Allah is
Oft-Forgiving, Most Merciful.
The Messiah ('Eesa (Jesus)), son of Maryam (Mary), was no more than a
Messenger; many were the Messengers that passed away beforehim. His
mother (Maryam(Mary)) was a Siddiqah (i.e. she believed in the words
of Allah and His Books (see Verse 66:12)).They both used to eat food
(as any other human being, while Allah does not eat). Look how We make
the Ayat (proofs, evidences, verses, lessons, signs, revelations,
etc.) clear to them, yet look how they are deluded away (from the
truth).
Say (O Muhammad SAW to mankind): "How do you worship besides Allah
something which has no power either to harm or to benefit you? But it
is Allah Who is the All-Hearer, All-Knower"
[al-Maa'idah 5:72-76].
"This is the Guidance of Allah with which He guides whomsoever He will
of His slaves. But if they had joined in worship others with Allah,
all that they used to do would have been of no benefit to them"
[al-An'aam 6:88].
In Saheeh Muslim (153) itis narrated from Abu Hurayrah (may Allah be
pleased with him) from the Messenger of Allah (blessings and peace of
Allah be upon him) that he said: "By the One in Whose hand is the soul
of Muhammad, no one among this nation, Jew or Christian, hears of me
then dies not believing in that with which I was sent, but he will be
one of the people of the Fire."
As that is the case, if a person dies in a state of kufr, his good
deeds are rendered invalid before his Lord and none of them will
benefit him before Allah in the hereafter; similarly, no action,
intercession or supplication on the part of other people will benefit
him.
Allah, may He be exalted,says concerning the situation of the people
of Hell (interpretation of the meaning):
"And it will be said to them: "Where are those (the false gods whom
you used to set up as rivals with Allah) that you used to worship
Instead of Allah? Can they help you or (even) help themselves?
Then they will be thrown on their faces into the (Fire), They and the
Ghawoon (devils, and those who were in error).
And the whole hosts of Iblees (Satan) together.
They will say while contending therein,
By Allah, we were truly in a manifest error,
When We held you (falsegods) as equals (in worship) with the Lord of
the Alameen (mankind, jinns and all that exists);
And none has brought usinto error except the Mujrimoon (Iblees (Satan)
and those of human beings who commit crimes, murderers, polytheists,
oppressors, etc.).
Now we have no intercessors,
Nor a close friend (to help us).
(Alas!) If we only had a chance to return (to the world), we shall
truly be among the believers!
Verily! In this is indeed a sign, yet most of them are not believers"
[ash-Shu'ara' 26:92-103].
Secondly:
Honouring the memory of the deceased by organising a marathon is not
part of the way prescribed by Allah; rather it is something that has
been introduced by non-Muslims according to their way of honouring the
memory of the dead. It is a false kind of honour for which there is no
basis in the religion of Allah. Even if there was some basis for it,
we have stated above that if a person dies in a state of disbelief, no
deed will benefit him in the hereafter; the deceased will not benefit
because of his disbelief and that of those who do this action. This is
darkness upon darkness.
In Islam there is no kind of honouring the dead or celebrating their
memory; rather what Islam prescribes is to remember the deceased by
praising him, praying for forgiveness for him, offering supplication
forhim, giving charity on his behalf, and other kinds of good deeds
the reward for which will reach him, if he died in Islam.
Thirdly:
According to Islamic rulings, competitions fallinto three categories.
Ibn 'Uthaymeen (may Allah have mercy on him) said:
1. Those that are haraam, with or withoutprizes, such as competing
in something that is haraam.
2. Those that are halaal if no prize is offered and are haraam if
a prize is offered, such as foot races and the like, in which it is
permissible to compete.
3. Those that are halaal with or without prizes, such as
competitions in archery and horse and camel racing.
End quote from Fataawa Noor 'ala ad-Darb, 9/311
See also the answer to questions no. 114530 , 131652 , 153574
To sum up:
It is not prescribed to take part in activities to honour the memory
of the dead among the disbelievers, or to keep their memory alive. If
you cannot prevent that,then at least do not take part in that and try
to excuse yourself from your family whilst avoiding confrontation with
them. If they respect your religious feelings, then this is good,
otherwise give them any excuse that they will accept from you.
And Allah knows best.

Dought & clear,- If penetration occurs during the day in Ramadan, the fast is invalidated according to scholarly consensus, regardless of whether ejaculation occurs.

|
I am a young woman, recently married. I looked on the Islam Q&A
website and I found out that penetration without ejaculation doesnot
invalidate the fast, but it is essential to be careful when engaging
in foreplay in Ramadan. Ialso found out that thereis a difference of
scholarly opinion concerning ejaculation without intercourse in
Ramadan. My husband and I engaged in foreplay during the day in
Ramadan and there was penetration but my husband was careful notto
ejaculate. Afterwards my husband said that he thought a very small
amount had come out ofhim a short time after intercourse, and he
doesnot know whether it was maniy or madhiy. I asked him to check to
see if anything more came out and he did that.
What is the ruling on that? Do we have to make up that day and offer
expiation? Please note that my husband does not know anything about
this kind of expiation and that he controlled himself and nothing came
out when I alarmed him. The amount of discharge was very little and he
says that he could not tell whether it was madhiy or maniy because it
was so little.
Praise be to Allah.
Firstly:
The questioner saying that she saw on the Islam Q&A website that
penetration without ejaculation does not invalidate the fast is not
correct. There is no such opinion on our website; rather what we say
is the opposite of that, because penetration is intercourse, and it
invalidates the fast and requires expiation according to scholarly
consensus.
In the answer to question no. 148163 it says: the one who has
intercourse during the day in Ramadan when he is fasting and not
travelling has to offer a heavy expiation, which is to free a slave.
If he cannot do that, then he must fast for two consecutive months. If
he cannot do that, then he must feed sixty poor persons. He must also
repent and make up thatday.
The same applies to the woman if she did that willingly. It makes no
difference whether ejaculation occurred or not. If intercourse – i.e.,
penetration – occurred then the expiation must be offered. End quote.
Its says in al-Mawsoo'ah al-Fiqhiyyah, 35/55
There is no difference of opinion among the fuqaha' concerning the
view that expiation is required of the one whohas intercourse in the
vagina during the day inRamadan, deliberately with no excuse,
whetherhe ejaculates or not. End quote.
Perhaps the questioner read something that saidthat intimacy or
foreplaywithout ejaculation doesnot invalidate the fast, and she
thought that what was meant by that was intercourse. But thisis a
misunderstanding, as we have mentioned, because what is meant by
intimacy or foreplay is enjoyment of the wife without penetration in
the vagina.
See the answer to question no. 95383
Secondly:
Ejaculation, even without intercourse, invalidates the fast according
to the correct opinion. This is the view of the majority of scholars,
and it was narrated that there was consensus. An-Nawawi (may Allah
have mercy on him) said:
If he kisses or touches any part (of his wife's body) apart from the
vagina with his penis, orhe touches the woman's skin with his hand or
otherwise, if he then ejaculates then his fast isrendered invalid,
otherwise it is not. The author of al-Haawi and others narrated that
there is consensus that the fast is invalidated in the case of one who
kisses or touches anything other than the vagina and ejaculates.
End quote from al-Majmoo' Sharh al-Muhadhdhab, 6/322
Ibn Rushd (may Allah have mercy on him) said:
All of them say: the one who kisses then ejaculates has broken his fast.
End quote from Bidaayatal-Mujtahid, 2/52
Ibn Qudaamah (may Allah have mercy on him) said:
If he kisses then ejaculates… He has broken his fast and there is no
difference of scholarly opinion that we know of.
End quote from al-Mughni, 3/127
Thirdly:
It is essential to be careful and cautious when engaging in foreplay
during the day in Ramadan. The one who fears that he will not be able
to control himself should refrain from that, so as to protect his
religious commitment and his honour.
Ibn 'Abd al-Barr (may Allah have mercy on him) said:
I do not know of any (scholar) who granted a concession allowing the
fasting person to kiss (his wife) except he stipulated that he
shouldbe certain that he is safe from what that leads to; the one who
knows that it will lead to that which will invalidate his fast must
avoid it.
End quote from al-Istidhkaar, 3/296. See also the answer to question no. 107335
Fourthly:
If a person had intercourse during the day in Ramadan when he was
ignorant of the prohibition on doing so, the scholars differed
concerning that. The view of the Hanbalis, which is the view favoured
by the Standing Committee for Issuing Fatwas, is that heis obliged to
make up that day and offer expiation.
But the more correct view is that the one whowas unaware that this
action is haraam is excused and does not have to do anything.
It says in Haashiyat ar-Rawd, 3/411:
Ibn 'Abd al-Barr said: Thecorrect view with regardto eating and having
intercourse if does hat without being aware (ofthe prohibition) is
that they do not invalidate the fast. This was stated by more than one
of the scholars: intercourse is like eating with regard to doubt,
compulsion and ignorance. End quote.
But we should highlight here the difference between the one who was
unaware of the ruling – who is the one who is excused, although there
is a difference of difference concerning him, as stated above – and
the one who knew the ruling but was unaware of the consequences. The
one who knew that intercourse during the day in Ramadan is haraam, but
he did not know that expiation is required for it, cannot be excused
for his ignorance and he has to offer expiation.
Shaykh Ibn 'Uthaymeen was asked:
There is a man who had intercourse with his wifeduring the day in
Ramadan, but he did notejaculate. He was unaware of this ruling and
the consequences, but he knew that intercourse with ejaculation is
haraam. What is the ruling?
He replied:
The most correct view is that the one who does one of the actions that
break the fast, or one of the actions that are forbidden when in
ihram, or one of the actions that render the prayer invalid, when he
is unaware of that, is notto be blamed. If this manwho had intercourse
with his wife during the day in Ramadan was unaware of the ruling and
thought that the intercourse that is forbidden is that in which
ejaculation occurs, then there are noconsequences for that.
But if he was aware that intercourse (during the day in Ramadan) is
haraam, but he did not know that expiation is required for it, then he
has to offer expiation, because there is a difference between
ignorance of the ruling and ignorance of the consequences. Ignorance
of the consequences does not count as an excuse, whereas ignorance of
the ruling does count as an excuse.
End quote from al-Liqa' ash-Shahri, 1/7

And Allah knows best.