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Saturday, July 6, 2013

Dought & clear - Fasting on the day of doubt .

On the night of the thirtieth of Sha'ban we went out to sight the
crescent, but the weather was cloudy so we could not see it. Should we
fast the thirtieth day of Sha'baan, because it is a day concerning
which there is some doubt?.
Praise be to Allaah.
This is what is called the "day of doubt", because there is doubt
concerning it – is it the last day of Sha'baan or the first day of
Ramadaan? Fasting on this day is haraam because the Prophet (peace and
blessings of Allaah be upon him) said, "Fast when you see the new moon
and break your fast when you see the new moon, and if you are not
sure, then complete the number of Sha'baan as thirty days." (Narrated
by al-Bukhaari, 1909).
'Ammaar ibn Yaasir said: "Whoever fasts on the day concerning which
there is doubt has disobeyed Abu'l-Qaasim (peace and blessings of
Allaah be upon him)." This was narrated by al-Tirmidhi and classed as
saheeh by al-Albaani in Saheeh al-Tirmidhi, 553.
Al-Haafiz ibn Hajar said: "It was understood from this that it is
haraam to fast the day of doubt, because the Sahaabah would not say
such a thing based on personal opinion, so a report suchas this has
the same status as a marfoo' hadeeth.
The scholars of the Standing Committee saidconcerning the day of
doubt, "The Sunnah indicates that it is haraam to fast this day."
(Fataawa al-Lajnah, 10/117)
Shaykh Muhammad ibn 'Uthaymeen (may Allaah have mercy on him)
said,after mentioning the difference of opinion concerning the ruling
onfasting the day of doubt:"The most correct of these views is that it
is haraam, but if it is proven to the ruler that it is obligatory to
fast this day and he commands the people tofast, then no one should go
against his opinion, and that means that no one should show that heis
not fasting on that day, rather a person (who has a different opinion)
may not fast, but he should do so secretly."
Al-Sharh al-Mumti', 6/318.

Dought & clear - The heirs do not have the right to take back from their sister’s children a gift that she received from them withtheir consent, then her children inherited it.

My Grandfather wrote a will giving 1/4 of his Land to my Mother and
the rest to be shared egually amongst 7 Children and the Wife.They
agreed to it and it was implemented some 14 years back. My brother and
I inherited from our Deceased Mother 11 years ago. Now Our uncles and
aunts want to contest the Will which they already accepted to whilst
we have built a 2 storey building on some part of our mothers portion.
Is it possible to cancel the inheritance when we go to the law courts
according to islamic Law ?
Praise be to Allah.
Firstly:
The will that your grandfather made to his daughter, who is your
mother, is not permissible according tosharee'ah, because it is
abequest to an heir. But ifthe other heirs agree to it, they have the
right to do so and it becomes valid to allow the bequest.
See question no. 174421
Secondly:
If the one to whom the bequest was made died before the one who made
the bequest, then that bequest becomes invalid.
It says in al-Mawsoo'ah al-Fiqhiyyah (43/273):
The bequest becomes invalid if the named beneficiary dies before the
one who made the bequest, according to the consensus of the fuqaha',
whether the one who made the bequest was aware of his death or not,
because the bequest only becomes binding with the death of the one
making the bequest and the acceptance of the beneficiary. End quote.
But if the one who madethe bequest [your grandfather] died when the
beneficiary [your mother] was still alive, and the heirs all agreed to
that bequest after their right to the wealth was confirmed, i.e.,
afterthe death of the one who made the bequest, and your mother took
possession of that land based on their approval of the bequest, then
your maternal uncles and aunts have no right to take it back after
having agreed to it, whether that was beforethe death of the
beneficiary [your mother] or after her death, and whether that was
before you disposedof this land or afterwards, because their agreement
to the execution of the bequestmeant that they gave up their rights to
what was given to your mother. When the recipient has taken possession
of the gift, the giver has no right to take it back after that.
And Allah knows best.

Parenting Tips: How to keep your child's Trust or Trust in Islam

Common mistakes parents make that destroy a relationship based on
trust with a child - Tips and advice onhow to trust your child and
retain his or her trustand respect according to the teachings of Islam
(Tawakkul).
Upon birth, a child loves and trusts his parents implicitly. As the
child grows, however, things can change because of certain
circumstances. It'snot enough that you loveyour child; your child must
also be able to trust you. As a child grows older, they notice things
like whether or not their parent lied to them or whether their parent
broke a promise. Even if the child doesn't mentionit, they still file
these factsaway and for some, the relationship changes. It only takes
one lie, for some kids and the child isnever trusting again. No parent
wants to lose a child's trust, but we are all human and we all have
had unexpected things to arise, preventing us from keeping our word.
There is nothing you can do to prevent the unexpected, but all in all,
keep your word to your child, no matter what.
Lying is the number one reason that kids don't trust their parents.
The lies don't have to be told to the child, either. The child can
overhear you lying to a neighbor or friend and the impact could be the
same. Breaking a promise, the same as lying, is another reason
children don't trust. A promise is usually made to someone when
something is very important. The breaking of that promise causes the
child to feel as though the subject was not important to the parent.
Keep your word to your child at all costs, but when something
unexpected prevents youfrom keeping a promise, sit down and explain
the circumstances to the child. Explain how you couldn't be in two
places at once, and so on. Never just announce to the child that you
couldn't make it and that's the end of the subject. Give them an
explanation, justas you would expect if someone you love lied to you.
Being a hypocrite is another reason a child will lose trust in you.
Pretending to be someone's friend, then talking about the person
behind his back, embarrassing the child infront of people or laughing
at the child's ideas are other ways to kill their trust.
When a child has made a mistake, but comes to you and tells the truth,
make sure he knows howmuch you appreciate thisand be sure the
punishment is much lighter than if he had liedor tried to cover up
what he did. Once a child sees that he can come to you with problems,
he will bemore likely to trust you with his troubles in the future.
As children grow into teens, many parents havea habit of looking
through their belongingsand their room. This is a definite way to get
your child not to trust you. Thechild expects you to trust him or her
and when yousearch through personal belongings, you are telling the
child that you don't trust him. If you don't trust them, why should
they trust you? Trust is usually a mutual thing and when one doesn't
trust, often, the other won't either.
Basically, if you want to trust your child and have him trust you,
treat him with respect, keep your word, let him know how much you love
him, don'tbreak your promises, don't be a hypocrite and take the time
to explain to the child if something prohibits you from doingwhat you
promised. It's important to keep the trust of your child for a future
relationship with him that is loving and trusting.
Tips for building Trust in Islam:
Trust is so fragile that is hard to put back to its original state
when broken. Trust is like a vase, once it's broken, though you can
fix it, the vase will never be same again. So following are some of
the Tips on how to build Trust:
*.Never tell a lie, always tell the truth. And, say itkindly and tactfully.
*.Be real; do not act like somebody you are not.
*.Do not gossip about other people's life. The one you are talking to
may think you are gossiping her at her back. The worst scene is- she
even pass what you said to other people too.
*.Never betray a confidence. Do not tell the secrets confided to you.
*.Keep all the promises you made. If you cannot keep a promise, better
not to promise atall.
*.When you borrow something, always return it as soon as possible on time.
Confidence, Trust and Hope:
Confidence: Once upon a time in a certain village people decided to
pray for rain. On the day of prayer all people gathered and only one
boy came with an umbrella. That is Confidence, the boy was optimistic
and confident that the prayers will be answered and definitely it was
going to rain! Thatis why he carried the umbrella.
Trust: Trust should be likethe feeling of a one year old child, when
you throw him up in the air, he just laughs. He is happy; he wants you
to do it again and again! Doyou know why? It's because he knows and
trusts in you and has confidence that you will catch him and that you
will never let him/her fall. That is Trust.
Hope: Every night we go to bed, we have no assurance to get up alive
in the next morning, but still we have plans for thecoming day. That
is Hope.
Hope is a wonderful thing, something to be cherished and nurtured and
something that will refresh us in return. And it can be found in each
ofus and it can bring light into the darkest of places.
Well-mannered model of good life: Be Confidence; Trust Others; and
never lose Hope.

Story of Trust in Allah (SWT): Trader who placedhis Tawakkul

During the time of Noble Prophet Muhammad (saws)there lived a trader
who, in all affairs, always placed his trust in Allah (SWT). Trader
used to travel from Syria to Madinah for trade and during one of his
trips, he was confronted by a bandit who drew his sword and intended
to kill him.
"If it is my wealth that you desire, come and take it and leave me
alone," pleaded the trader. "Killing you is a must, for if I let you
go free, you will identify me to the authorities," said the bandit.
"In that case give me respite till I have offered a two Rak'at
prayer," requested the trader.
The bandit agreed and the trader engaged himself in prayers. Having
completed the prayers, he raised his hands and beseeched: 'O' Lord! I
have heard from Your Noble Prophet Muhammad (saws) that whoever places
his trust in You shall remain protected. I have no helper in this
desert and Your grace is my only hope.
Having placed all his trustin Allah (SWT), trader hadhardly completed
his supplication when a rider on a white horse loomed in the distance.
When he came close, the rider confronted the bandit and killed him
with one stroke of his sword. Then, turning to the trader, he said:
"O' You, who places your trust in Allah (SWT)! I have killed the enemy
of Allah (SWT) and He has delivered you from him."
"Who are you that you have come to my assistance in this desert?"the
trader asked. "I am your Tawakkul." Allah (SWT) brought me out in the
form of an Angel and I was in the heavens when Angel Jibril
(Jibreel,Gabriel) called out to me and said: "Hasten to the assistance
of your master and exterminate his enemy", and here I have come and
eliminated your enemy." Having saidthus, he disappeared out of sight.
The trader fell down in prostration of thanksgiving to Allah (SWT) and
acquired a stronger conviction with respect to the instructions of
Noble Prophet Muhammad (saws) regarding Tawakkul.
On arrival in Madinah, trader approached NobleProphet Muhammad (saws)
and narrated what had transpired. "Indeed! Tawakkul raisesa person to
the pinnacle of success and the rank of a person who possesses it, is
equivalentto the ranks of the Prophets, the friends of Allah (SWT),
the righteousones and the martyrs," said Noble Prophet Muhammad
(saws).
"... Put your trust in Allah,certainly, Allah loves those who put
their trust (in Him). If Allah helps you, none can overcome you; and
if He forsakes you, who is there after Him that can help you? And in
Allah (Alone) let believers put their trust." Noble Qur'an (3:159-160)