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Saturday, November 30, 2013

Fathwa, - Waiting period for a non-menstruatingwoman prior to menopause






Question:
Can you explain to me what the judgment is for the woman whose husband has divorced her, but she has no menstrual period nor is she in menopause. I would like to know specifically the length of time of her iddah? Is it 3 consecutive months? If you have any information please list your source. I have been told that her iddah is not over till she reaches the age of 64. Is this true? I would like to know the judgment from each of the four major madhabs.
Answer:
In the name of Allah, Most Compassionate, Most Merciful,
The waiting period (idda) for a female who does not experience menstruation due to childhood (saghira), who is on menopause (a�yisa) and who reached the age of puberty without experiencing menstruation, will be three consecutive Islamic months.
Allah Most High Says:
�Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same)� (Surah al-Talaq, V.4).
If the women experienced menstruation for three days or more, and then her menstruation stopped, the original ruling for her is that she will have to wait until she starts menstruating again or she reaches the age of menopause (iyaas). This is according to the Hanafi and Shafi�i schools (Radd al-Muhtar, 3/508).
According to the Maliki and Hanbali schools, the preferred opinion is that she will wait until one year is complete (al-Fiqh al-Islami wa Adillatuh, 7185).
The age of menopause according to the Hanafi Fuqaha is thirty years for a woman who never experienced menstruation, and fifty five years for the one who did experience menstruation, but stopped for some reason.
However, due to immense difficulty and hardship incurred by acting upon this ruling, the fuqaha have given a dispensation in that the Maliki opinion of one year can be followed.
Ibn Abidin, the great Hanafi jurist quotes al-Zahidi as saying:
�Some of our scholars used to issue a Fatwa in this issue according to the opinion of Imam Malik, because of need� (Radd al-Muhtar, 3/509).
Many contemporary scholars have also given the same ruling, however the following points need to be taken into consideration before acting upon this ruling:
1) The woman should first resort to medication. If all attempts fail, then she can act upon this ruling of one year.
2) This ruling should be passed by a Maliki judge. However, if this is difficult, then it will permissible even without the judgment.
3) If menstruation appears during this period of one year, then the Idda of three menstruations should be observed (Imdad al-Fatawa, 2/431 & Ahsan al-Fatawa, 5/435).
In conclusion, a woman who does not menstruate due to illness should first resort to medication. If all attempts fail, then she can re-marry after the period of one year is over.
And Allah knows best









PUBLISHER Najimudeen M

Fathwa, - Science and Sunna: Moon Sighting and Waiting Periods





Question:
It has been suggested that we no longer need to sight the moon to determine the onset of Islamic months, as reliable astronomical calculations enable us to answer the question. If this is permissible, does it mean, by analogy, that women need no longer observe Iddah after divorce or bereavement, since pregnancy can reliably be excluded or confirmed by testing urine or blood, and by ultrasound scans. Moreover, DNA fingerprinting means paternity can be determined after birth in any event. I ask this question as I have some reservations about the use of technology that may lead us to forgo some aspects of the Sunnah.
Answer:
Walaikum assalam,
1. While most contemporary scholars accept benefiting from calculations for exclusionary purposes, they affirm that actual eye-sighting is a condition for establishing the Islamic months and mention many benefits to it.
2. The reason behind idda is not only to establish that the woman is not pregnant: even a woman who did not have intercourse with her huband for years must go through this. The gravity of idda gives a powerful reminder to the individuals involved, and the society around them, about the seriousness of the marriage bond, the future benefits of which are obvious upon reflection.
And Allah alone gives success.










PUBLISHER Najimudeen M

Women site, - Hidden Dangers in Raising Children-I

<img src="http://aydnajimudeen.mywapblog.com/files/347bk1j.jpeg" />

We all know that many of us have been brought up in an environment of ignorance --this is an undeniable fact that is particularly true of the present generation. Most of us were raised by parents who viewed religion and religiosity as a superfluous or unnecessary matter, and felt that we should avoid the apparent aspects of religiosity as much as possible. The young men of this generation were raised on these principles through the school curricula and the ideas, hopes, dreams and perceptions of the society they lived in. Man is the product of the society in which he lives, exactly like a tree which, if planted in infertile soil, would grow weak, unstable and vulnerable to blights; if it was planted in fertile soil, its roots would go deep in the earth, its branches would be high in the sky and it would produce its fruits all the time with the permission of its Lord.
The one who assumes the responsibility of upbringing is like a farmer, who plucks out the thorns and clears the weeds from among the plants so that they can grow properly. Therefore, it is a great asset when a Muslim finds someone proficient in education or discipline, who would purify him from the defects acquired from his environment and society or which result from his mixing with people. A disciplinarian would immediately rectify the defects a person absorbs from his environment and his peers, which worsen the whispers and inclinations of the evil-enjoining soul. Moreover, a disciplinarian would implant the desire to do righteous deeds in place of defects and fill the soul, which inclines to egoism and desires, with goodness and concerns of the Hereafter that purify, refine and elevate his soul. If a Muslim succeeds in finding this sort of righteous disciplinarian, he would enjoy happiness in this life and in the Hereafter.
If he fails to find an honest, strong and wise disciplinarian who would continuously advise him, confusion would permanently encircle him and destroy his identity. Accordingly, he would become a bad example of moral conflict between his inner and outer self. Man's innate disposition attracts, invites and urges him to righteousness; whereas, his persistently evil-enjoining soul, supported by his whims and bad morals that he may have acquired through a corrupt environment and upbringing, drives him to falsehood. So, man possesses both goodness and righteousness, but his apparent state is that often corruption dominates his behavior, resulting in loss and confusion due to his evil desires. He remains in this state until Allaah The Almighty facilitates a way of guidance for him where he finds others lending him a helping hand.
He would be fortunate if he met a knowledgeable man from the People of the Sunnah )Ahl As-Sunnah( who comprehends the soul, knows its diseases and cures them. Such a disciplinarian would help him get rid of the defects and remnants of ignorance that are attached to him. Consequently, his soul will return pure and his heart will be clean, and he will move on the way of true happiness with an open and assured heart.
A Muslim brought up well since his childhood:
The Muslim who has been raised and grows up with goodness and who has absorbed it, without being touched by ignorance, would not stand in need of what we mentioned. Thus, Allaah The Almighty admonishes us regarding negligence in raising our children and holds the parents responsible for reforming or corrupting their children. Allaah The Almighty Says )what means(:}O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are ]appointed[ angels, harsh and severe; they do not disobey Allaah in what He commands them but do what they are commanded.{]Quran 66:6[
In reference to this verse, Ibn 'Abbaas, may Allaah be pleased with him, commented, "Discipline and teach them." Muqaatil, may Allaah have mercy upon him, said, "The Muslim should discipline himself and his family, commanding them to do goodness and forbidding them from doing evil." A man and his family cannot be protected from the Fire except by abandoning misdeeds, doing righteous deeds and fearing Allaah The Almighty regarding his family, by punishing them for matters for which he punishes himself.
The Prophet, sallallaahu 'alayhi wa sallam, pointed out the hidden pitfalls involved in bringing up children and recognized that a proper upbringing is an effective tool in formulating the personality of children. It was narrated on the authority of Abu Hurayrah, may Allaah be pleased with him, that the Prophet, sallallaahu 'alayhi wa sallam, said:"Every human being is born with a sound innate inclination to the truth, but it is his parents who make him a Jew, a Christian or a Magian. As an animal produces a perfect young animal: do you see any part of its body mutilated?"Abu Hurayrah, may Allaah be pleased with him, recited:}]Adhere to[ the Fitrah ]innate disposition[ of Allaah upon which He has created ]all[ people. No change should there be in the Creation of Allaah.{]Quran 30:30[
Raising children is one of the greatest duties of Muslims. Regretfully, Muslims today are not very concerned about it. A Muslim father erroneously understands that his role and responsibility are only limited to providing financial support and earning a living. These days, very few Muslims care about giving their children a correct religious upbringing and patiently persevere with it. These are the duties and rights that every father will be questioned about on the Day of Resurrection.
How is it that you leave your children in confusion to be misguided by deviants, then are perplexed when they have been misguided? The Prophet, sallallaahu 'alayhi wa sallam, said:"All of you are guardians and are responsible for your subjects. The ruler is a guardian and responsible for his subjects; the man is a guardian of his family and responsible for his subjects; the woman is a guardian in her husband's house and responsible for her subjects; a servant is a guardian of his master's property and responsible for his subjects. So, all of you are guardians and are responsible for your subjects."]Al-Bukhaari and Muslim[
Ibn Al-Qayyim, may Allaah have mercy upon him, affirmed this responsibility, saying,
A Muslim who neglects to teach his child what benefits him and leaves him in vain, has done a grave evil. Most children have become corrupt because of the negligence of their parents and their failure to teach them the obligations and voluntary acts of Islam. The parents neglected their children during their childhood, so the children could not benefit themselves or benefit their parents when they grow older. One day, a father blamed his son for being undutiful to him, but the son replied, 'My father, you were undutiful to me when I was young, so I was undutiful to after you grew old; you neglected me when I was young, so I neglected you after you grew old."
These are obligatory rights, not just recommended ones. The Prophet, sallallaahu 'alayhi wa sallam, said:"Allaah will ask every caretaker about everything that was entrusted to him, whether he preserved it or wasted it, and He will ask the man about his family."]Ibn Hibbaan[ ]Al-Albaani: Saheeh[
Shaykh Muhammad Al-Khidhr Husayn, may Allaah have mercy upon him, said, "O guardian, if you abdicate the responsibility of your child, I fear that you would receive a double punishment. You would be punished for mutilating this precious jewel in an excruciating manner, and you would have an allocated share of the general offence."
The Prophet, sallallaahu 'alayhi wa sallam, forewarned us about giving advice as much as we can to those whom Allaah The Almighty has put under our authority. The Prophet, sallallaahu 'alayhi wa sallam, said,"A slave whom Allaah has given authority over some people and he does not give them advice, will never smell the fragrance of Paradise."]Al-Bukhaari[

Women site, - Hidden Dangers in Raising Children - II






Al-Ghazaali, may Allaah have mercy upon him, said, “A child is a trust with his parents, and his heart is a pure jewel which does not have any inscriptions or images on it. It is susceptible to whatever is engraved on it and inclines to whatever it is inclined to. If he is used to evil and is left like the beasts, he will be miserable and doomed. The sin will be tied to the neck of his guardian and the one responsible for him.”
Where is the father today who helps his child learn his religion by taking him to institutions where he can memorize the Quran, directing him to the circles of knowledge, bringing him books, tapes and CDs and teaching him how to glorify the obligations of Allaah in his heart?
Where is the father who becomes very angry with his child when he neglects the rights of Allaah The Almighty and rewards him when he constantly observes Islamic teachings?
A reversed image!
On the contrary, it is often seen that the father becomes very happy with his son's success in this life, but he does not become sad with his lack of development in religion. Be honest with yourself: will you not be happier with the success of your son in school more than with his complete memorization of the Quran? If you are given the choice between the two successes, will you not choose success in the worldly life? The catastrophe is that we bring our children up for our own selves, to benefit us and help us; we do not bring them up for the sake of Allaah, to become true believers on the right path and allies of Allaah The Almighty. This is the problem.
The danger lies in two matters:
First: Sincerity to Allaah in bringing up the children
We should ask ourselves: Why do we try our best to provide our children with a righteous upbringing?
„» To benefit us when we grow old and need them?
„» To take pride in them and boast about them in front of people?
„» To avoid being ashamed of them or criticized for their bad behavior?
All these intentions are unsound and indicate an impending tragedy. Perhaps they are the main reasons behind the corruption of children, since good actions are not accepted if done with bad intentions. Allaah The Almighty Says )what means(:}Indeed, Allaah does not amend the work of corrupters.{]Quran 10: 81[ Therefore, if we want to have righteous offspring, we have to purify our intentions and bring them up only because Allaah The Almighty ordered us to do that. We have to be conscious of this responsibility.
Raising children is a duty ordained by Allaah The Almighty, and it is an obligation for which we deserve a reward if we carry it out well and punishment if we abandon it. We need to inculcate this feeling in our hearts: that we are carrying out a duty and an obligation, and Allaah is watching us and will hold us accountable. This helps the Muslim accomplish this mission according to what Allaah loves and is pleased with, not as he wishes and desires. This intention is also a reason for the slave to gain help, steadfastness and guidance from Allaah The Almighty. For that reason, we see many Muslims who are very concerned about bringing up their children, but they are not successful, and the results often come opposite of what they hoped for.
Second: Gratitude for the blessing of having children
Truly, we do not show gratitude for the blessing that Allaah grants us through children. It is a blessing that is realized only by people who are deprived of it. The first sign of showing gratitude is that we raise our children to become true slaves of Allaah who created them for us, gave them to us and enjoined upon us to look after them. Allaah The Almighty Says )what means(:}And ]remember[ when your Lord proclaimed, 'If you are grateful, I will surely increase you ]in favor[; but if you deny, indeed, My punishment is severe.'{]Quran 14: 7[ The one who denies and is ungrateful for the favor of Allaah, for him is the punishment of Allaah, which is very severe. Allaah may test him with the same type of blessing so that it becomes a curse for him. The children might overburden him with their demands, so that he cannot fulfill them, or they might sadden him by their deviant behavior and base manners, and oppress him with transgression and disbelief.
However, the believers who are grateful for the blessings of Allaah The Almighty and guard their children against misguidance, Allaah grants them good sustenance, so their children will be dutiful to them and a source of goodness in this life and in the Hereafter. Allaah The Almighty Says )what means(:}And as for the boy, his parents were believers, and we feared that he would overburden them by transgression and disbelief. So we intended that their Lord should substitute for them one better than him in purity and nearer to mercy.{]Quran 18: 80-81[
O Muslim father, what are you going to say when Allaah The Almighty blames you for your attitude towards His blessings? Allaah The Almighty will ask you:"Did I not give you hearing, vision and wealth? Did I not subdue horses and camels for you and give you an opportunity to rule over your subjects and gain booties? Did you not think that you would be meeting Me?" The person will reply: "No." Then Allaah Will Say: ‘I forget you today as you forgot Me’"]Muslim[ Allaah The Almighty will forget you as you forgot and squandered your children, and left them in the claws of ignorance until the devils from among the humans and the Jinn diverted them.
Be prepared for the meeting and reckoning of Allaah The Almighty who says )what means(:}The Day every soul will find what it has done of good present ]before it[ and what it has done of evil, it will wish that between itself and that ]evil[ was a great distance. And Allaah warns you of Himself, and Allaah is kind to ]His[ servants."{]Quran 3: 30[









PUBLISHER Najimudeen M