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Saturday, October 12, 2013

Fiqh )Jurisprudence( Matters, - Improper dress for women and intermingling between sexes

The greatest and most important of all the favors and blessings
bestowed by Allaah is Islaam and the honorable Islamic law, which is
derived from the Book of Allaah and the Prophetic Sunnah. This Law has
outlined all that which is beneficial for mankind in this life and the
Hereafter.
One of the virtues of this Law is that its rules and regulations have
clearly laid out preventions of all evil and immorality, and all the
roads that lead to it which is a protection of the truth and morality.
There are many issues for which this Law has laid out preventative
measures so that people will not fall into evil, for example on some
of the issues of faith, acts of worship and transactions.
However, the most obvious of all of these preventative measures are
those related to women and the limits that Allaah has defined for them
not to exceed. Islaam has clearly laid the guidelines for the Muslim
woman to adhere to so that her personality remains distinct and her
safety, purity, and good conduct are assured.
The correct dress and covering for women and the prohibition of them
intermixing with men are the two most important interconnected
preventative measures that Islaam has laid out. Muslims must submit to
the rulings which oblige women to properly cover in order to protect
their chastity and purity, maintain shyness and protect them from
being harassed or bothered, as Allaah Says )what means(:"O Prophet!
Tell your wives and your daughters and the women of the believers to
bring down over themselves ]part[ of their outer garments. That is
more suitable that they will be known ]as chaste believing women[ and
not be abused. And ever is Allaah Forgiving and Merciful"]Quran 33:
59[.
In this verse, Allaah addressed the wives of the Prophet, who were the
furthest from immorality and evil actions; they were purest and most
pious women ever and were honored by the virtue of being married to
the Prophet.
Muslims must also adhere and submit to the rulings which prohibit
intermixing mixing between men and women. There are many Islamic texts
in this regard, such as the Hadeeth which is narrated by 'Uqbah Ibn
'Aamirthat the Prophet, said:"Do not enter into the presence of
women."A man from the Ansaar then retorted: 'What about our in-laws' -
referring to the relatives of a woman's husband such as his brothers,
cousins, and their children, so the Prophet, replied:"The in-laws are
death"]Al-Bukhaari & Muslim[ which means that they are more harmful to
women than death is to the soul. The previous evidence came from the
Prophet, whose words were nothing but revelation. So how could anybody
ever accept anyone else's opinion over this?
Why is it that the Prophetlined up the rows of men for prayers in the
mosque separate from the women, and described the rows, as narrated by
Abu Hurayrahby saying:"The best rows ]in the mosque[ are the first
rows, and the worst are the last, and the best rows ]in the mosque[
for women are last the rows, and the worst are the first."]Muslim[.
This affirms the obligation of separating men from women, and keeping
them far apart. If this is the way believing men and women should be
during an act of worship inside the mosque, then how much more so is
it necessary in places outside the mosques, where gatherings might
include evil and sinful people along with the good people?
The Muslim nation must not slight these texts because the evil
consequences which these texts are aiming to prevent society from
still very much exist, and there is nothing that would prevent such
evils from occurring in our time which did not exist at the time of
the Prophet
Moreover, the people whom the Prophetaddressed in these narrations
were the best generation of the Muslim nation according to his own
testimony, as was mentioned in many narrations. So, has the need for
such texts and their warnings vanished in our time? Is it not a clear
fact that in fact we need these texts and warnings even more than that
generation did? This is especially so because of the dangers of evil
in our time becoming more widespread and its means being more diverse.
It is usually the case that people honor any set of laws which they
perceive as being beneficial to them, especially when these laws
prevent evil or harm from befalling them when applied; moreover,
people do not mind if these laws include certain restrictions on their
freedom and impose penalties for those who disobey or transgress the
defined limits. Why is it the case that some of those who believe in
Allaah and His Messenger deal with Islamic Law with suspicion and
uncertainty. Some of these people even go as far as to demand that it
should be abolished, despite the fact that this Law includes all that
which is beneficial to mankind and prevents, or at least reduces, all
that which brings harm?
It is not permitted for anyone to discuss and pass judgment regarding
this issue without having the proper Islamic knowledge to be able to
do so. Nor should they base their discussion and opinion on unfounded
claims with no evidence, or simply argue on the basis of their base
desires. Rather, one should be sincere and free themselves from their
base desires which will divert them far away from the truth. In
addition, one must have a broad knowledge of Islam and possess the
ability to differentiate between authentic and weak evidences, possess
a clear understanding of the relevant evidences as well as the ability
to properly extract Islamic rulings from these evidences; only then
can a person become eligible to discuss this issue.
The outcome of what we say or write is the matter which we must fear
the most, and are extremely wary of its consequence, as the Prophet,
clarified to Mu'aath Ibn Jabalafter he had asked with astonishment:
"Will we be held responsible for all that we say?" The Prophet,
replied:"What do you think makes people land on their faces or noses
into the Hellfire more than the product of their tongues?"]Ahmad, Abu
Daawood & At-Tirmithi[.

Fiqh )Jurisprudence( Matters, - Associating partners withAllaah )Shirk( -I

First: Major Shik
One of the most important things Muslims must know and pay attention
to is the issue of Shirk )Associating partners with Allaah in
worship(, its seriousness and its different types, so that our Tawheed
)belief in the Oneness of Allaah( and our Islam may be complete, and
our faith may be sound.
The word Shirk in Arabic means taking a partner, i.e., regarding
someone as the partner of another. It is used in Arabic when one
wishes to express that he regards two people as equal in status; or
that two people are involved in it.
In terms of Sharee'ha or Islamic terminology, Shirk means ascribing a
partner or rival to Allaah in Lordship )Ruboobiyyah(, worship
)Uloohiyyah( or in His Names and Attributes.
A rival is a peer or counterpart. Hence Allaah forbids setting up
rivals with Him and He condemns those who take them )rivals( as gods
instead of or besides Allaah in many verses of the Quran. Allaah Says
)what means(:"Then do not set up rivals to Allaah )in worship( while
you know )that He Alone has the right to be worshipped(."]Quran 2:222[
And )what means(:"And they set up rivals to Allaah, to mislead
)people( from His path! Say )O Muhammad, to the polytheists(: 'Enjoy
)your brief life(! But certainly, your destination is the
Fire!'"]Quran 14:30[
Prophet Muhammad sallallaahu alahyi wa sallam said: "Whoever dies
claiming that Allaah has a rival, will enter Hell." ]Al-Bukhaari[
The types of Shirk:
The texts of the Quran and Sunnah )narrations of the Prophets
sallallaahu alahyi wa sallam( indicate that Shirk sometimes puts a
person beyond the pale of Islam and sometimes does not. Hence, the
scholars divided Shirk into two types: major Shirk and minor Shirk.
Following is a brief description of each type:
1 – Major Shirk
This means ascribing to someone other than Allaah something that
belongs only to Allaah, such as Lordship )Ruboobiyyah(, Worship
)Uloohiyyah( and the Divine Names or Attributes )Al-Asmaa'
Was-Sifaat(.
This kind of Shirk may sometimes be outwardly, such as the Shirk of
those who worship idols and graves, or the dead or even living people.
Other times, it may be hidden, such as those who put their trust in
other than Allaah, or the Shirk of the hypocrites. For even though
their )hypocrites'( Shirk puts them beyond the pale of Islam and means
that they will abide forever in Hell, it is a hidden Shirk, because
they make an outward display of Islam and conceal their disbelief and
Shirk, so they are inwardly Polytheists but not outwardly.
Shirk in the form of beliefs, such as:
- The belief that there is someone else who creates, gives life and
death, reigns or controls the affairs of the universe along with
Allaah.
- The belief that there is someone else who must be obeyed absolutely
besides Allaah.
- Associating others with Allaah in love and veneration, by loving a
created being as loving Allaah. This is the kind of Shirk that Allaah
does not forgive, and it is the Shirk about which Allaah Says )what
means(:
"And of mankind are some who take )for worship( others besides Allaah
as rivals. They love them as they love Allaah."]Quran 2:165[
- The belief that there are those who know the Unseen that only Allaah
Knows. This is very common among some of the deviant sects.
- The belief that there is someone who bestows mercy in a manner that
is befitting only for Allaah, so he shows mercy as Allaah does and
forgives sins and overlooks the bad deeds of his 'worshippers'.
Shirk in the form of words:
Such as those who supplicate to someone other than Allaah, or seek his
help or seek refuge with him with regard to matters over which no one
has control except Allaah, whether the person called upon is a
Prophet, a Wali )righteous person(, an angel or a jinn, or some other
created being. This is a kind of major Shirk which puts one beyond the
pale of Islam.
Also, those who make fun of religion or who liken Allaah to His
creation, or say that there is another creator, provider or controller
besides Allaah are included in this type of Shirk. All of these fall
under major Shirk and are grave sins that are not forgiven.
Shirk in the form of actions:
Such as one who sacrifices, prays or prostrates to something other
than Allaah, or who promulgates laws to replace the rulings of Allaah
and makes such laws the reference which people are obliged to refer to
for judgement; or one who supports the disbelievers and helps them
against the believers, and other acts that go against the basic
meaning of faith and put the one who does them beyond the pale of
Islam.

Dought & clear, - Is it permissible to mention the faults of the Muslims in the presence of people of the Book?

Is it permissible to mention the faults of the Muslims in the presence
of people of the Book?
Praise be to Allah.
I know that a Muslim is the brother of his fellow Muslim and the enemy
of the disbeliever. But if a Muslim seems to have a bad attitude and
mistreats people, and a disbeliever is the opposite of that, the
Muslim is more entitled to be spoken of well and treated well in all
circumstances.
Allah, may He be exalted, and His Messenger (blessings and peace of
Allah be upon him) have enjoined taking the believers as friends and
opposing the disbelievers in many texts in the Book of Allah, may He
be glorified and exalted, and the Sunnah of His Messenger (blessings
and peace of Allah be upon him), let alone the words of the scholars
and their unanimous agreement on that. Part of their 'aqeedah (belief)
is taking the believers as friends and opposing the disbelievers.
Allah, may He be exalted, says (interpretation of the meaning):
"O you who believe! Take not the Jews and the Christians as Awliya'
(friends, protectors, helpers, etc.), they are but Awliya' to one
another. And if any amongst you takes them as Awliya', then surely he
is one of them. Verily, Allah guides not those people who are the
Zaalimoon (polytheists and wrongdoers and unjust)"
[al-Maa'idah 5:51]
"Verily, your Wali (Protector or Helper) is Allah, His Messenger, and
the believers, - those who perform As-Salat (Iqaamat-as-Salaah), and
give Zakaah, and they bow down (submit themselves with obedience to
Allah in prayer).
And whosoever takes Allah, His Messenger, and those who have believed,
as Protectors, then the party of Allah will be the victorious.
O you who believe! Take not for Awliya' (protectors and helpers) those
who take your religion for a mockery and fun from among those who
received the Scripture (Jews and Christians) before you, nor from
among the disbelievers; and fear Allah if you indeed are true
believers"
[al-Maa'idah 5:55-57].
Shaykh Ibn Baaz (may Allah have mercy on him) said:
The Qur'an calls us to take the believers as friends and to oppose the
disbelievers wherever they are and however they are.
End quote fromMajmoo' Fataawa Ibn Baaz, 1/297
Allah, may He be exalted, says (interpretation of the meaning):
"O you who believe! Whoever from among you turns back from his
religion (Islam), Allah will bring a people whom He will love and they
will love Him; humble towards the believers, stern towards the
disbelievers, fighting in the Way of Allah, and never afraid of the
blame of the blamers. That is the Grace of Allah which He bestows on
whom He wills. And Allah is All-Sufficient for His creatures needs,
All-Knower"
[al-Maa'idah 5:54].
Shaykh as-Sa'di (may Allah have mercy on him) said:
The (believers) are very humble when dealing with other believers,
meaning that they love them, are sincere, soft, gentle, compassionate,
merciful and easygoing towards them. But the way they should behave
towards those who disbelieve in Allah and reject His revelations and
His Messengers, is to be stern towards them. The believers are all
united in opposing them and they strive hard in every way to prevail
over them. Allah, may He be exalted, says (interpretation of the
meaning):"severe against disbelievers, and merciful among themselves"
[al-Fath 48:27]. Sternness towards the enemies of Allah is something
that brings a person closer to Him, as he is aware of the wrath of
Allah towards them. However, this sternness should not prevent us
calling them to Islam in a gentle way. In both cases, that serves
their best interests and they will benefit from it.
End quote fromTafseer as-Sa'di, p. 235
Muslim (2564) narrated that Abu Hurayrah said: The Messenger of Allah
(blessings and peace of Allah be upon him) said: "Do not envy one
another, do not artificially inflate prices, do not hate one another,
do not turn away from one another, do not undercut one another. Be, O
slaves of Allaah, brothers. The Muslim is the brother of his
fellow-Muslim. He does not wrong him, let him down or despise him.
Piety (taqwa) is here" – and he pointed to his chest three times. "It
is sufficient evil for a man to despise his Muslim brother. The whole
of a Muslim is sacred to another Muslim, his blood, his wealth and his
honour."
Al-Bukhaari (6011) and Muslim (2586) narrated that an-Nu 'maan ibn
Basheer said: The Messenger of Allah (blessings and peace of Allah be
upon) said:"The likeness of the believers in their mutual love, mercy
and compassion is that of the body; when one part of it is in pain,
the rest of the body joins it in restlessness and fever."
What the Muslim must do is show care towards his Muslim brother, help
him, meet his needs and conceal his mistakes. If he makes a mistake or
commits a sin, he should offer him sincere advice, enjoin him to do
what is good and forbid him to do what is evil, and he should not
leave him to his shaytaan or his nafs (self) that is inclined towards
evil. If he commits a sin, major or minor, he should not disavow him
or fail to show him the friendship and care that are his Islamic duty;
rather he should disavow his wrongdoing, sin and enmity, whilst
maintaining the basic principle of friendship and love because of the
faith he has. If he gives up his sin and mistake, he should restore
the ties of friendship and support, according to the situation.
With regard to the disbeliever, a Muslim has nothing to do with him
because of his false religion and his being far away from the straight
path of Allah. What comparison can there be between him and a
believer, even if the latter falls short and is negligent?
With regard to speaking ill of his Muslim brother and putting him down
in front of a disbeliever, whether he is of the people of the Book or
otherwise, this is bad manners and is often indicative of a problem
with one's own 'aqeedah. Many Muslims are enchanted by non-Muslims,
because of what they appear outwardly to be, then if they see from
another Muslim something that they dislike, they criticize him for his
shortcomings and think that an non-Muslim is better than him.
But what is enjoined is for the Muslims to conceal one another's
faults, so how can one Muslim strive to expose another in front of the
enemies of the Muslims, whether they are the people of the Book or
otherwise? How can he give the enemies the opportunity to rejoice in
the misfortunes of his fellow believer, or show them his faults and
shortcomings? Rather Imam an-Nawawi (may Allah have mercy on him)
said:
If a teacher says to the children, "The Jews are much better than the
Muslims, because they give their children's teacher his rights," he
has become a disbeliever!
End quote fromRawdat at-Taalibeen, 10/69
In fact this is the expected outcome of mentioning the bad deeds and
faults of the Muslims in front of the enemies of Allah among the
disbelievers. It ends up with the one who says that preferring the
disbelievers over the Muslims, especially when he starts to compare
them; what usually happens is that he reduces all characteristics to
one, which he exaggerates to the exclusion of others and bases his
judgement of people on that one characteristic.
The wise person should beware of helping (an enemy) against his
brother or being a fitnah to the disbelievers by mentioning the faults
of the Muslims in front of them, because by doing so he is barring
them from the religion of Allah and turning them away from it.
And Allah knows best.

** Dought & clear, - Description of Eid prayer

** What is the description of the Eid prayer?
Praise be to Allaah.
The Eid prayer is one where the imam attends and leads the people in
praying two rak'ahs. 'Umar (may Allaah be pleased with him) said: "The
prayer of al-Fitr is two rak'ahs and the prayer of al-Adha is two
rak'ahs, complete and not shortened, on the tongue of your Prophet,
and the one who fabricates lies is doomed." Narrated by al-Nasaa'i,
1420 and Ibn Khuzaymah. Classed as saheeh by al-Albaani inSaheeh
al-Nasaa'i.
It was narrated that Abu Sa'eed said: The Messenger of Allaah SAWS
(peace and blessings of Allaah be upon him) used to come out on the
day of al-Fitr and al-Adha to the prayer place, and the first thing he
would do was to offer the prayer. Narrated by al-Bukhaari, 956
In the first rak'ah he should say Takbeerat al-ihraam (say "Allaahu
akbar" to start the prayer), after which he should say six or seven
more takbeers, because of the hadeeth of 'Aa'ishah (may Allaah be
pleased with her), "The takbeer of al-Fitr and al-Adha is seven
takbeers in the first rak'ah and five takbeers in the second, apart
from the takbeer of rukoo'." Narrated by Abu Dawood and classed as
saheeh by al-Albaani inIrwa' al-Ghaleel, 639.
Then he should recite al-Faatihah, and recite Soorat Qaf in the first
rak'ah. In the second rak'ah he should stand up saying takbeer, and
when he has stood up completely he should say takbeer five times, and
recite Soorat al-Faatihah then Soorat al-Qamr. The Prophet(peace and
blessings of Allaah be upon him) used to recite these two soorahs
during the two Eids. Or if he wishes he can recite Soorat al-A'la in
the first rak'ah and Soorat al-Ghaashiyah in the second, because it
was narrated that the Prophet(peace and blessings of Allaah be upon
him) used to recite al-A'la and al-Ghaashiyah in the Eid prayer.
The imam should revive the Sunnah be reciting these soorahs so that
the Muslims will become familiar with the Sunnah.
After the prayer, the imam should address the people. Part of the
khutbah should be addressed specifically to the women, telling them of
the things that they should do and warning them against the things
that they should avoid, as the Prophet(peace and blessings of Allaah
be upon him) used to do.
SeeFataawa Arkaan al-Islamby Shaykh Muhammad ibn 'Uthaymeen (may
Allaah have mercy on him), p. 398;Fataawa al-Lajnah al-Daa'imah,
8/300-316).
The prayer comes before the khutbah
One of the rulings of Eid is that the prayer comes before the khutbah,
because of the hadeeth of Jaabir ibn 'Abd-Allaah who said, The
Prophet(peace and blessings of Allaah be upon him) came out on the day
of al-Fitr and started with the prayer before the khutbah. Narrated by
al-Bukhaari, 958; Muslim, 885.
Another indication that the khutbah comes after the prayer is the
hadeeth of Abu Sa'eed (may Allaah be pleased with him) who said: The
Messenger of Allaah(peace and blessings of Allaah be upon him) used to
come out to the prayer place on the day of al-Fitr and al-Adha, and
the first thing he would start with was the prayer, then he would go
and stand facing the people, while the people were sitting in their
rows, and he would preach to them and advise them and command them.
If he wanted to send out a military expedition he would do so and if
he wanted to tell the people to do something he would do so, then he
would leave.
Abu Sa'eed said: The people continued to do that until I went out with
Marwaan – who was the governor of Madeenah – on Eid al-Adha or Eid
al-Fitr, and when we came to the prayer-place, there was a minbar that
had been built by Katheer ibn al-Salt. When Marwaan wanted to ascend
it before he prayed, I grabbed his garment and he pushed me away and
climbed up and delivered the khutbah before the prayer. I said, "You
have changed it by Allaah."
He said, "O Abu Sa'eed, what you knew has gone."
I said, "What I know, by Allaah, is better than what I do not know."
He said, "The people will not sit and listen to us after the prayer,
so we did it before the prayer." Narrated by al-Bukhaari, 956.