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Wednesday, May 8, 2013

Dought & Clear, - Her father did not allow her to marry a man, then she committed zina with him.

I have been facing a serious problem for approximately one year. I am
a Turkish girl, twenty-one years old, and I live in Germany. Although
my family are not religiously committed, I am trying – praise be to
Allah – to adhere to the teachings of Islam. But despite thatthere are
many problems between me and my family, because they object to me
adhering to religious observances such as wearing hijab and so on.Now
I want to get married to an Afghan man who is also religiously
committed. I told my father about that, but he is a fanatic
nationalist, and he rejected this marriage, and he beat me for this
reason. I can no longer put up with it and my mother cannot help me,
because she is very afraid of my father. We have been waiting for a
year, and he has not agreed to the marriage yet. During this period we
committed zina, and we do not know what todo. We feel distraught, and
we want to get married, but we cannot do that without my father's
agreement. Hence I do not know what to do. Is it permissible to get
married without the consent of the girl's father?
Praise be to Allah.
Firstly:
We are very surprised when you say that you are trying to adhere to
the teachings of Islam, then we see that you have squandered the most
precious thing a girl possesses after her religious commitment, which
is her chastity andhonour! How could you accept to sink to such a
level and commit this evil action?! How could you have surrendered
your honour to be violated by a stranger (non-mahram)? Does thefact
that your family does not agree to marriage to a particular man make
it permissible for you to fall into zina and commit this grave major
sin?!
We are also surprised by a religiously committed man who tempted you
to commit this evil action, or who fell into this evil action with
you. To be honest, we do not know what religious commitment is in your
opinion!
What you must do now is repent sincerely from what you have done. That
requires you to regret what has happened, to resolve notto commit such
a sin again, and to cut off ties completely with that evildoer and
sinner. It is not permissible for you to talk to him or correspond
with him, letalone meet him. This is what is required by sincere
repentance which Allah, may He be exalted, has enjoined upon the
sinners, as He says (interpretation of the meaning):
"O you who believe! Turn to Allah with sincere repentance! It may be
that your Lord will remit from you your sins, and admit you into
Gardens under which rivers flow (Paradise)…"
[at-Tahreem 66:8].
Secondly:
You should understand that the action that you have both committed has
made it haraam for you to marry, even if your father agrees to
themarriage. That is because Allah, may He beexalted, has prohibited
marriage of the man andwoman who commit zina, unless they both repent.
Ibn Qudaamah (may Allah have mercy on him) said:
If a woman commits zina, it is not permissiblefor the one who is aware
of that to marry her, unless two conditions are met:
1. That her 'iddah has ended; if she became pregnant as a result
of zina, then her 'iddah ends when she gives birth, and it is not
permissible to marry her before that.
2. That she should repent from zina.
He also said:
If these two conditions are met, it is permissible for her to marry
the zaani or someone else, according to most of the scholars,
including Abu Bakr, 'Umar, Ibn 'Umar, Ibn 'Abbaas, Jaabir, Sa'eed ibn
al-Musayyab, Jaabir ibn Zayd, 'Ata', al-Hasan, 'Ikrimah, az-Zuhri,
ath-Thawri, ash-Shaafa'i, Ibn al-Mundhir, and ashaab ar-ra'y. End
quote.
Al-Mughni, 7/108, 109
We have previously discussed the ruling on this matter in the answers
to the followingquestions: 11195 , 85335 , 96460 , 87894 and 14381
Therefore, if Allah enables you to repent sincerely from this obvious
sin and immoralaction, then it will be possible for you to marrythis
man, if you think that he has repented sincerely too, and if you can
convince your fatheror he (the man) can try to win him over. If that
is not possible, then perhaps Allah will give you someone better than
him instead.
Thirdly:
With regard to parents and guardians in general, we advise them:fear
Allah with regard tothe girls under your care, and do not do anything
that you will regret afterwards for the rest of your lives, when
regret will not benefit you. "If there comes to you one with whose
religious commitment and character you are pleased, then give (your
daughter or female relative under your care)to him in marriage."
Thisis the advice of your Prophet (blessings and peace of Allah be
upon him). "For if you do not do that, there will be tribulations on
earth and much corruption," as it says in the rest of the hadeeth. So
if someone comes to you, wanting to marry your daughter or sister, do
not put obstacles in his path; do not give precedence to
language,nationality, race or colour over religious commitment. Do not
give the Shaytaan any opportunity to cause your daughters and female
relatives to fall into his traps. Beware lest the Shaytaan tempt them
to do two serious things, two grave sins, namely zina or marrying
without a wali (guardian) one who came to propose marriage to her and
wasrejected by you, becausethat (marrying without awali) makes the
marriage contract invalid. Here you have seen the real-life story that
is mentioned in this question; the girl ended up committing zina
withthe man who had proposed to her, and now she is asking about
getting married without the permission of her wali. This is not an
excuse for her, but what will your excuse be before your Creator when
He calls you to account for the trust thatHe commanded you to take
care of? What will be your excuse before Allah when you rejected a
religiously-committed man who wanted to marry your daughter or your
sister in accordancewith the Qur'an and Sunnah?
We are not making any excuse for that girl who has committed a grave
sin; if she gets married without the permission of her wali, then her
marriage will be invalid. But at the same time, weare blaming the
guardians who do not fear their Lord, may He be exalted, and who
neglected that which was entrusted to them.
We also say to the girl: It may be better for you if your family
reject some of those who want to propose to you, if they think that
this is better with regard to your religious commitment and your
worldly affairs,so you should not insist on a particular person.
Guardians who prevent their daughters or female relatives from getting
married at all are sinning, and in that situation she may refer her
case to the shar'i judge or whoever is acting in his stead, so that
guardianship may be passed to someone other than that guardianwho is
refusing to arrange her marriage. If there is no one else who is
deserving of guardianship, then the shar'i judge or whoever is acting
in his stead then assumes the role of guardian (wali) and he may
arrange her marriage himself. But if a woman does the marriage
contract for herself without any guardian (wali) at all, then her
marriage contract is invalid.
For more information onthis matter, see the following questions: 7193
, 10196 , 36209 , 2127 and 7989 .
In the questions referredto there is a discussion of the evidence for
the marriage contract being invalid if it is done without the consent
of the guardian (wali), as well as a discussion of what the woman
should do if her guardian (wali)is preventing her from getting
married, and so on.
See also the answer to question no. 20162 for the stories of some
women who went against their families' opinions and married the men
they wanted to marry.
And Allah knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Dought & Clear, - Issues and rulings on kunyahs.

In our community in India, little girls are given kunyahs such as Umm
Haani' and Umm Salamah. Is this acceptable?
Praise be to Allah.
Firstly:
It is a good thing for the Muslim to be concerned about Islamic
rulings, even concerning the smallest of details. Even more important
than being concerned about them is to act upon whatones knows of those
rulings. With regard to kunyahs there are some issues that are worth
pointing out, after which we will answer the question itself, with
further details.
1.
The kunyah is a name that beings with "Abu (Father of)" or "Umm
(Mother of)"; it is something other than a personal name or a
nickname.
2.
The kunyah is somethingwith which a person is praised and honoured,
unlike nicknames which may have connotations of praise or otherwise.
3.
Evildoers, disbelievers and innovators may be referred to by kunyahs
ifthey are only known by their kunyahs, or if that is done for a
purpose, orif their names contain meanings that are contrary to Islam.
Allah, may He be exalted,says (interpretation of the meaning): "Perish
the two hands of Abu Lahab (an uncle of the Prophet), and perish he!"
[al-Masad 111:1].
An-Nawawi (may Allah have mercy on him) said:Chapter on the
permissibility of giving akunyah to a disbeliever, innovator or
evildoer, if he is only known by thatname or there is the fearthat
mentioning his real name may cause confusion. Allah, may He be
exalted, says (interpretation of the meaning): "Perish the two hands
of Abu Lahab (an uncle of the Prophet), and perish he!" [al-Masad
111:1], although his actual name was 'Abd al-'Uzza. It was said that
he was mentioned by his kunyah because he was known by it, or it was
said that this was so as to avoid using his name, as it described him
as a slave of an idol (al-'Uzza).
I [Imam an-Nawawi (may Allah have mercy on him) is speaking] say:Abu
Taalib is repeatedly mentioned in hadeeth by his kunyah, and his name
was 'Abd Manaaf. In as-Saheeh it says: "This is the grave of Abu
Righaal." And there are many similar examples. All of this applies if
the condition that we have mentioned above is met.If it is not met,
nothing to the name should be used.
End quote from al-Adhkaar, p. 296
4.
The kunyah does not necessarily have to include the name of one's
child; rather it mayrefer to an inanimate object or an animal.
Examples of kunyahs referring to inanimate objects include "Abu Turaab
(i.e., the one who has dust on him); examples of kunyahs referring to
animals include "Abu Hirr" or "Abu Hurayrah" (i.e., the one who has a
cat or kitten, respectively).
5.
Kunyahs referring to names do not necessarilyhave to refer to one of
the children of the individual who is called by that kunyah.
For example, Abu Bakr as-Siddeeq did not have a son whose name was Bakr.
6.
The kunyah does not have to refer to the oldest child of the person
who is called by that kunyah, although that is preferable.
It was narrated from Haani' that when he came to the Messenger of
Allah (blessings and peace of Allah be upon him) with his people, he
heard them calling him by the kunyah Abu'l-Hakam. The Messenger of
Allah (blessings and peace of Allah be upon him) summoned him andsaid:
"Allaah is al-Hakam (the Judge), and judgement belongs to Him. Why are
you knownby the kunyah of Abu'l-Hakam?" He said: When my people differ
concerning anything, they come to me and I pass judgement among them,
and both sides accept it. The Messenger of Allaah (blessings and peace
of Allah be upon him) said: "How good this is. Do you have any
children? He said: I have Shurayh, Muslim and 'Abd-Allaah. He said:
"Who is the oldest of them?" I said: Shurayh. He said: "Then you are
Abu Shurayh."
Narrated by Abu Dawood, 4955; an-Nasaa'i, 5387; classed as saheeh by
al-Albaani in Saheeh Abi Dawood.
The scholars of the Standing Committee were asked: Is it permissible
to call someone by referring to his younger son, because the older son
died in infancy?
They replied: It is preferable to call a person by referring to his
oldest son, whether he is alive or dead, and to call him by that
kunyah. But if a person is called by referring to his youngest son,
there is no sin on the one whodoes that, whether the older son is
alive or dead.
And Allah is the source ofstrength. May Allah send blessings and peace
upon our Prophet Muhammad and his family and companions. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz, Shaykh 'Abd ar-Razzaaq 'Afeefi, Shaykh
'Abdullah ibn Qa'ood
Fataawa al-Lajnah ad-Daa'imah, 11/487
7.
There is no reason why the kunyah cannot refer to the daughters of the
person who is called by that kunyah.
An-Nawawi (may Allah have mercy on him) said:Chapter on the
permissibility of a man being called by a kunyahreferring to either a
male or a female, or a woman being called by akunyah referring to a
either a male or a female. It should noted that there is no
restriction in this matter.Some of the best of the earliest
generations of this ummah -- the Sahaabah and the Taabi'een who came
after them -- were known by kunyahs referring to their daughters, such
as 'Uthmaan ibn 'Affaan (may Allah be pleased with him) who had three
kunyahs: Abu 'Amr,Abu 'Abdullah, and Abu Layla. There was also
Abu'd-Darda' and his wife Umm ad-Darda' al-Kubra… End quote.
Al-Adhkaar, p. 296
8.
The rulings mentioned above apply equally to men and women.
9.
The person who has a kunyah may be someonewho does not have any
children; this does not mean that he cannot be called by a kunyah.
It was narrated from 'Aa'ishah that she said: O Messenger of Allah,
all my friends have a kunyah except me. He said: "Take a kunyah from
the name of your son (nephew) 'Abdullah ibn az-Zubayr." So she was
called Umm 'Abdullah until she died.
Narrated by Ahmad, 43/291. Classed as saheeh by the editors of
al-Musnad and by al-Albaani in as-Silsilah as-Saheehah, 132.
10.
A man or a woman may be given a kunyah after marriage and before
having a child; there is nothing wrong with that.
(a)
It was narrated from 'Abdullah ibn Mas'ood (may Allah be pleased with
him) that the Messenger of Allah (sa) gave him the kunyah Abu 'Abd
ar-Rahmaan when he had not had a child.
Narrated by al-Haakim, 3/353; at-Tabaraani in al-Kabeer, 9/65; classed
as saheeh by Ibn Hajar inFath al-Baari, 10/582
(b)
al-Bukhaari narrated in al-Adab al-Mufrad, underthe heading Chapter on
giving a kunyah before one has a child: It was narrated from Ibraaheem
an-Nakha'i that 'Abdullah ibn Mas'ood was given the kunyah Abu Shibl
when he did not have a child.
Classed as saheeh by al-Albaani in Saheeh al-Adab al-Mufrad, 848.
11.
There is no impediment to giving a child a kunyah, even before weaning
or at the time of birth, whether the child is male or female. The
scholars mentioned several benefits of giving a kunyah to a child,
such as: strengthening his character and avoiding bad nicknames; it is
also a sign of optimism that he will live to adulthood and have
children of his own.
Giving kunyahs to children is an established part of the Sunnah and
was narrated from the Prophet (blessings and peace of Allah be upon
him).
It was narrated that Anasibn Maalik (may Allah be pleased with him)
said: The Messenger of Allah (blessings and peace of Allah be upon
him) was the best of people in attitude. I had a brother who was
called Abu 'Umayr -- I think he was weaned. When the Messenger of
Allah (blessings and peace of Allah be upon him) saw him he said: "Abu
'Umayr, what happened to (your pet) bird?" He used to play with the
bird.
Narrated by al-Bukhaari,5850; Muslim, 2150.
Al-Bukhaari included thishadeeth in a chapter entitled: Kunyahs for
children, and before a man has a child.
An-Nawawi (may Allah have mercy on him) said:We learn many things from
this hadeeth, such as the permissibility of giving a kunyah to someone
who has no children and giving a kunyah to a child; it is not regarded
as lying.
End quote from Sharh Muslim 14/129
In al-Mawsoo'ah al-Fiqhiyyah (35/170, 171), it says: The scholarssaid:
They used to give kunyahs to children as a sign of optimism that the
child would live untilhe grew up and had a child, and so as to avoid
nicknames.
Ibn 'Aabideen said: If a person gives his small child the kunyah of
Abu Bakr and so on, some of the scholars regarded that as makrooh, but
themajority did not regard it as makrooh, because people intend
optimism by doing that.
End quote.
Thus the answer to the question itself is that it ispermissible to
give appropriate kunyahs to children, both male and female, even if
they are still breastfeeding. If they are given the kunyahs of some of
the Sahaabah, male or female, this is somethinggood and is not
objectionable.
And Allah knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Islamic Stories, - Resting on a sackcloth

Abdullah ibn Mas'ud (may Allah be pleased with him) reports: Once
Iwent to the Holy Prophet(SAW). He was resting ona sackcloth, which
had welted his body. Seeing this I began to weep. He said: "Why are
you weeping?" I said: "These Caesars and Chosroes, the kings of
Byzantium and Iran, sleep on carpets of silk and velvetand you have to
take rest on sackcloth! I weepbecause of this." He said:"There is no
need of weeping over it" (for theworld is for them and for us is the
hereafter). Extracted from the book"Shamail-e-Tirmidhi" by Shaikh
Ahmed E. Bemat.
All the pleasures of this world are temporary. So,let us strive hard
for the hereafter where Allah will grant us unimaginable forms of
pleasures. - - ▓███▓ Translator:-> http://translate.google.com/m/
▓███▓ - -

Islamic Stories, - The amazing feet

I have heard the following story from an Islamic Scholar. Hopefully,
it will be beneficial for all of us.
When a child is born, he or she usually gets some characteristics and
features from his or her parents or from other family members from the
past. For example, our eyes, ears, nose or some other organs of the
body may resemble that of our parents or forefathers. There was a
group of people in Arabia who had the knowledge of this particular
science, that isthey could tell who the baby resembles. When Prophet
Muhammad (peace and blessing be upon him) was still a baby, his
grandfather, Abdul Muttalib, took himto his lap and was greeting those
who came for Pilgrimage (Hajj). That specific group of people was also
present and while going around the Kabah they would stare at the feet
of young Prophet Muhammad (SAW). After going around few times,they
came to Abdul Muttalib and said that they have never seen any other
baby whose feet resemble the feet ofProphet Ibrahim (AS). Only the
feet of young Prophet Muhammad (SAW) resemble them. The footprint of
Prophet Ibrahim (AS) is preservedand placed beside Kabah.