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Saturday, May 3, 2014

Discover Islam, - Scientific finds versus speculations of evolutionists

The teeth and claws of Archaeopteryx are no indication that they are
descendants of dinosaurs.
The two important points evolutionists rely on when alleging
Archaeopteryx to be a transitional form, are the claws on the bird's
wings and its teeth.
It is true that Archaeopteryx had claws on its wings and teeth in its
mouth, but these traits do not imply that this living creature bears
any kind of relationship with reptiles. Besides, two bird species
living today, Taouraco and Hoatzin both have claws to hold on to
branches. These creatures are fully birds with no reptilian
characteristics. That is why it is completely groundless to assert
that Archaeopteryx is a transitional form just because of the claws on
its wings.
Neither do the teeth in Archaeopteryx's beak imply that it is a
transitional form. Evolutionists make a purposeful trickery by saying
that these teeth are characteristic of reptiles. However, teeth are
not a typical characteristic of reptiles only. Today, some reptiles
have teeth while others do not. Moreover, Archaeopteryx is not the
only bird species that has teeth. It is true that birds with teeth do
not exist today, but when we look at fossil records, we see that both
in the same age as Archaeopteryx and afterwards, and even until fairly
recently, a distinct bird genus existed that could be categorized as
"birds with teeth".
The most important point is that the teeth structure of Archaeopteryx
and other birds with teeth are totally different from that of their
alleged ancestors, the dinosaurs. The famous ornithologists Martin,
Steward and Whetstone observed that Archaeopteryx and other birds with
teeth have teeth with flat top surfaces and large roots. Yet, the
teeth of theropod dinosaurs, the alleged ancestors of these birds, are
protuberant like a saw and have narrow roots.
The researchers also compared the wrist bones of Archaeopteryx and
their alleged ancestors, the dinosaurs and observed no similarity
between them.
The studies of anatomists like Tarsitano, Hecht and A.D. Walker
revealed that some "similarities" asserted to have existed between
this creature and dinosaurs as put forward by John Ostrom, a prominent
authority who claims that Archaeopteryx evolved from dinosaurs, were
in reality misinterpretations.
All these findings indicate that Archaeopteryx was not a transitional
link but only a bird that fell into a category that can be called
"birds with teeth."
Archaeopteryx and other ancient bird fossils
While evolutionists have for decades been proclaiming Archaeopteryx to
be the greatest evidence for their scenario concerning the evolution
of birds, some recently-found fossils invalidate this claim in other
respects.
Lianhai Hou and Zhonghe Zhou, two paleontologists at the Chinese
Institute of Vertebrate Paleontology, discovered a new bird fossil in
1995 that they named Confuciusornis. This bird was almost the same age
as Archaeopteryx )around 140 million years old(, but it did not have
any teeth in its mouth. In addition, its beak and feathers shared the
same features as today's birds. Having the same skeletal structure of
modern birds, this bird also had claws on its wings just like
Archaeopteryx. The special structure called the "pygostyle" was
present in this bird species that supported the tail feathers. In
short, this bird which was the same age as Archaeopteryx )considered
to be the oldest ancestor of all birds and accepted as a semi-reptile(
looked very much like a modern bird. This fact invalidated all the
evolutionist theses holding Archaeopteryx to be the primitive ancestor
of all birds.
Another fossil unearthed in China in November 1996, caused even
greater confusion. The existence of this 130 million year old bird
named Liaoningornis was announced in Science by Hou, Martin and Alan
Feduccia. Liaoningornis had a chest bone on which the muscles for
flight were attached, just like modern birds. This bird was
indistinguishable from modern birds in other respects also. The only
difference was the teeth in its mouth. This showed that birds with
teeth did not have a primitive structure at all, as alleged by
evolutionists. This was stated in an article in Discover: "Whence came
birds? This fossil says that not from dinosaurs."
Another fossil to refute the evolutionist claims regarding
Archaeopteryx was Eoalulavis. The wing structure of Eoalulavis, which
was said to be 30 million years younger than Archaeopteryx, was also
observed in modern birds that flew slowly. This proved that 120
million years ago there were birds indistinguishable from modern birds
in many respects flying in the skies.
These facts once more indicate for certain that neither Archaeopteryx
nor other ancient birds similar to it were transitional forms. The
fossils do not indicate that different bird species evolved from each
other. On the contrary, fossil records prove that today's modern birds
and some archaic birds like Archaeopteryx actually lived together at
the same time. Yet some of these bird species like Archaeopteryx and
Confuciusornis have become extinct and only a part of the pre-existing
species have been able to make it to the present day.
In brief, some peculiar features of Archaeopteryx do not indicate that
this living thing is a transitional form! Stephan Jay Gould and Nailes
Eldredge, two Harvard paleontologists and world famous evolutionists,
accept that Archaeopteryx is a "mosaic" living thing housing various
features in its form, yet that it can never be regarded as a
transitional form!
The imaginary bird-dinosaur link
The claim of evolutionists trying to present Archaeopteryx as a
transitional form is that birds have evolved from dinosaurs. However,
one of the most famous ornithologists in the world, Alan Feduccia from
the University of North Carolina, opposes the theory that birds have a
kinship with dinosaurs, despite the fact that he is an evolutionist
himself. Feduccia says on the subject:
"Well, I've studied bird skulls for 25 years and I don't see any
similarities whatsoever. I just don't see it... The theropod origins of
birds, in my opinion, will be the greatest embarrassment of
paleontology of the 20thcentury."
Larry Martin, a specialist on ancient birds from the University of
Kansas, opposes the theory that birds come from the same lineage as
dinosaurs. While discussing the contradiction evolution falls into on
the subject, Martin states:
"To tell you the truth, if I had to support the dinosaur origin of
birds with those characters, I'd be embarrassed every time I had to
get up and talk about it."
To sum up, the scenario of the "evolution of birds from dinosaurs"
erected solely on the basis of Archaeopteryx, is nothing more than a
product of the prejudices and wishful thinking of evolutionists.

Dought & clear, - Is there any proven hadeeth to suggest that the Sahaabah danced, that is quoted as evidence for dancing in dhikr circles?

Many of the Sufis take this hadeeth as evidence for their dancing and
whirling, and say that Shaykh al-Islam Ibn Taymiyah and others stated
that it is saheeh. This hadeeth appears in Musnad Ahmad, no. 860, when
it says that 'Ali (may Allah be pleased with him) said: I visited the
Prophet (blessings and peace of Allah be upon him), along with Ja'far
and Zayd ibn Haarithah. The Prophet (blessings and peace of Allah be
upon him) said to Zayd, "You are my friend (mawla)," and Zayd began to
jump and hop on one foot around the Prophet (blessings and peace of
Allah be upon him). Then he said to Ja'far, "As for you, you resemble
me physically and in character." And Ja'far began to do likewise. Then
he said to me, "You are of me and I am of you." And he started to jump
behind Ja'far.
What is your view about this hadeeth? Is it saheeh? Can a person dance
and hop in this manner to please Allah?
Praise be to Allah.
Firstly:
The hadeeth mentioned in the question was narrated by Ahmad (2/213).
It was not classed as saheeh by Shaykh al-Islam Ibn Taymiyah (may
Allah have mercy on him), as far as we know from the books that we
have to hand or the books of his companions. Moreover, when did these
Sufis give any weight to Shaykh al-Islam Ibn Taymiyah, such that they
would accept his opinion and verdict on hadeeths?
Secondly:
There are two problems with the hadeeth mentioned in the question:
1.
One of its narrators is unknown, namely Haani' ibn Haani'.
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
He was mentioned by Ibn Sa'd in the first generation of the people of
Kufah. He said: He was a Shi'i. Ibn al-Madeeni said: He is unknown.
Harmalah said, narrating from ash-Shaafa'i: Haani' ibn Haani' is not
known, and the hadeeth scholars do not regard his hadeeth as sound
because his status is unknown.
Tahdheeb at-Tahdheeb, 11/22
2.
Abu Ishaaq as-Subay'i deliberately used ambiguous words in order to
mislead (tadlees).
Abu Sa'eed al-'Alaa'i (may Allah have mercy on him) said:
'Amr ibn 'Abdullah as-Subay'i, Abu Ishaaq, is well known by his
kunyah; we have stated previously that he often deliberately used
ambiguous words in order to mislead (tadlees).
Jaami' at-Tahseel fi Ahkaam al-Maraseel, p. 245
The hadeeth was classed as da'eef (weak) by the commentators onMusnad
al-Imam Ahmad, 2/213, 214. They said:
Its isnaad is da'eef; we have stated previously that Haani' ibn Haani'
and others like him cannot be accepted when they narrate hadeeths tha
are not narrated by others. The word "hop" in the hadeeth is
objectionable and odd. End quote.
Secondly:
Even if we assume that the hadeeth is saheeh, it does not indicate
that they danced in a circle of remembrance (dhikr) of their Lord -
Allah forbid. Rather it indicates that they expressed their joy at
praise from the Prophet (blessings and peace of Allah be upon him) by
hopping on one foot, which is an action that is permissible in and of
itself. Rather the ruling concerning it is connected to the reason for
their joy. Allah forbid that any of the wise would quote this as
evidence for dancing when remembering his Lord, may He be exalted.
Al-Bayhaqi (may Allah have mercy on him) said:
This - if it is saheeh - indicates that it is permissible to hop,
which means lifting up one foot and jumping on the other, out of joy.
Dancing that is similar in nature is similarly permissible. And Allah
knows best.
As-Sunan al-Kubra, by al-Bayhaqi, 10/226
The Shaafa'i faqeeh Ibn Hajar al-Haythami (may Allah have mercy on
him) said, discussing the Sufis' and others quoting this hadeeth as
evidence for it to be permissible to dance:
They also quote (to prove their point) that he said to 'Ali, "You are
of me and I am of you," and he began to hop; and he said to Zayd, "You
are our brother and our friend (mawla)," and he began to hop...
Ibn Hajar said:
The response is that all of these are objectionable hadeeths and the
wording is fabricated and made up. Even if we assume that they are
saheeh, they cannot be regarded as evidence, because what is forbidden
is dancing in which there is swaying and twisting, and this is not
like that. End quote.
Kaff ar-Ra'aa' 'an Muharramaat al-Lahw wa's-Samaa', 75.
Fourthly:
More than one of the fuqaha' of the (four) madhhabs (may Allah have
mercy on them) regard that as misguidance and innovation if it is done
as an act of religious devotion. The one who does that as a leisure
activity or for fun is to be criticized and regarded as foolish.
Imam Muwaffaq ad-Deen ibn Qudaamah al-Maqdisi (may Allah have mercy on
him) was asked:
What do the fuqaha' (may Allah bless them) say about one who listens
to the duff (hand-drum), flute and singing, and get carried away until
he starts to dance? Is that permissible or not? He believes that he
loves Allah and that his listening to it, getting carried away and
dancing are for the sake of Allah! Please advise us, may Allah reward
you and have mercy on you.
He said:
The one who does that is mistaken and is lacking in decency. The one
who persists in doing those things is one whose testimony is to be
rejected according to sharee'ah, and his opinion is not to be
accepted. The implication of that is that his narration of hadeeth
from the Messenger of Allah (blessings and peace of Allah be upon him)
is not to be accepted, and neither is his testimony with regard to
sighting the new moon of Ramadan or anything pertaining to religious
matters.
With regard to him believing that it is based on love of Allah, we say
that he could show his love for Allah and obedience towards Him in
other ways, and he could show devotion to Allah, may He be glorified,
and do righteous deeds in other ways. But as for this, it is a sin and
playing about. It was condemned by Allah, may He be exalted, and His
Messenger, and was disliked (regarded as makrooh) by the scholars, who
called it an innovation (bid'ah) and forbade people to do it. We
cannot draw close to Allah, may He be glorified, by doing acts of
disobedience to Him, and He cannot be obeyed by doing things that He
has forbidden. The one who commits sin as a means of drawing closer to
Him will be met with rejection; the one who takes idle pursuits and
playing about as acts of religious devotion is like one who spreads
mischief in the land. The one who seeks to reach Allah, may He be
glorified, via a way other than the way and Sunnah of the Messenger of
Allah (blessings and peace of Allah be upon him), is far from reaching
his goal
Dhamm ash-Shabbaabah wa'r-Raqs wa's-Samaa'by Ibn Qudaamah, MS (p. 2)
Imam al-'Izz ibn 'Abd as-Salaam, the great Shaafa'i faqeeh and scholar
of usool (may Allah have mercy on him) said:
With regard to dancing and clapping, it is frivolity and silliness
like that of females; no one does such things except one who is a
show-off or a liar. How could anyone regard it as justifiable to dance
to the rhythm of the music and become oblivious when the Prophet
(blessings and peace of Allah be upon him) said, "The best generations
are my generation, then those who come after them, then those who come
after them," and no one among those exemplary generations did such
things? It cannot be imagined that one who fears Allah and understands
anything of what it means to venerate Him would dance or clap.
Clapping and dancing only come from one who is foolish and ignorant;
they do not come from anyone who is wise and virtuous.
Qawaa'id al-Ahkaam fi Masaalih al-Anaam, 2/2349-350, Mu'sasat ar-Rayyaan edn.
The scholars of the Standing Committee were asked about the Islamic
ruling on those who remember Allah whilst swaying right and left in a
trance, reciting in unison and out loud.
They replied:
That is not permissible, because it is done in an innovated fashion.
The Prophet (blessings and peace of Allah be upon him) said "Whoever
introduces into this matter of ours anything that is not part of it
will have it rejected."
Shaykh 'Abd al-'Azeez ibn Baaz, Shaykh 'Abd ar-Razzaaq 'Afeefi, Shaykh
'Abdullah ibn Ghadyaan, Shaykh 'Abdullah ibn Qa'ood
Fataawa al-Lajnah ad-Daa'imah, 2/529
And Allah knows best.

Dought & clear, - Will the believers see their Lord in Paradise once, or will they see Him all the time, or will that be only on Fridays?

It was narrated from Suhayb ar-Roomi (may Allah be pleased with him),
from the Prophet (blessings and peace of Allah be upon him) that he
said: "When the people of Paradise enter Paradise, Allah - may He be
blessed and exalted - will say: 'Do you want anything more?' They will
say: Have You not made our faces bright? Have You not admitted us to
Paradise and saved us from Hell?' Then the veil will be removed and
they will not be given anything more beloved to them than looking at
their Lord, may He be glorified and exalted." Narrated by Muslim.
According to this hadeeth, will the believers' seeing Allah after
entering Paradise happen only once, or will the people of Paradise see
Allah all the time and at any time, or will it be once every Friday,
as I have heard before?
Praise be to Allah
Part of the belief of Ahl as-Sunnah wa'l-Jamaa'ah is that the
believers will see their Lord, may He be glorified, on the Day of
Resurrection and in Paradise, because Allah, may He be exalted, says
(interpretation of the meaning):
"Some faces that Day shall be Nadirah (shining and radiant).
Looking at their Lord (Allah)."
[al-Qiyaamah :22-23].
And there is other evidence to that effect.
This is the greatest blessing that He, may He be glorified, will
bestow upon them.
See also the answers to questions no. 14525and 116644.
Secondly:
The people of Paradise will have a gathering with their Lord every
Friday on which they will have the blessing of gazing upon His noble
Countenance.
At-Tabaraani narrated inal-Mu'jam al-Kabeer(6717) that Anas ibn Maalik
said: The Messenger of Allah (blessings and peace of Allah be upon
him) said: "Jibreel came to me with something like a white mirror in
his hand, on which there was a black spot. I said: 'What is this, O
Jibreel?' He said: 'This is Jumu'ah (Friday); it is the master of days
and we call it Yawm al-Mazeed (the day of more - cf."There they will
have all that they desire, and We have more (for them, i.e. a glance
at the All-Mighty, All-Majestic)" [Qaaf 50:35]).' I said: 'O Jibreel,
what does "more" mean?' He said: 'That is because your Lord has
allocated a valley in Paradise that is more fragrant than white musk.
When Friday comes, among the days in the hereafter, the Lord, may He
be blessed and exalted, will descend from His Throne ('Arsh) to His
Kursiy, and the Kursiy will be surrounded with seats of light on which
the Prophets will sit. These seats will be surrounded with footstools
of gold on which the martyrs will sit. The people of the chambers will
come down from the chambers and sit on sand hills of musk, and those
who sit on the sand hills will not think that those who sit on the
footstools and seats are any better off than them. Then the Owner of
Majesty and Honour will appear and say: 'Ask of Me.' They will say:
'We ask for Your good pleasure, O Lord.' He will say: 'It is because I
am pleased with you that you are in My Paradise, and you are
honoured.' Then He will say (again): 'Ask of Me.' They will say all
together: 'We ask for Your good pleasure.' He will ask them to testify
that He is pleased with them. Then He will say (once more): 'Ask of
Me,' and they will ask of Him until each one of them is finished. Then
He will grant them that which no eye has seen, no ear has heard, and
it has not crossed the mind of any human."
It was also narrated by Ibn Abi'd-Dunya inSifat al-Jannah(88) via
another isnaad; he added: "... there is nothing that they are more eager
for than Friday; the more they gaze more upon their Lord, the more
they will increase in honour."
Al-Mundhiri (may Allah have mercy on him) said:
It was narrated by Ibn Abi'd-Dunya and by at-Tabaraani inal-Awsatwith
two isnaads, one of which is jayyid qawiy. A shorter version was also
narrated by Abu Ya'la; the men of its isnaad are the men ofas-Saheeh.
And it was also narrated by al-Bazzaar.
End quote fromat-Targheeb wa't-Tarheeb, 4/311; classed as hasan by
al-Albaani inSaheeh at-Targheeb, 3761
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Ad-Daaraqutni narrated with a saheeh isnaad from Ibn al-Mubaarak:
al-Mas'oodi told us, from al-Minhaal ibn 'Amr, from Abu 'Ubaydah, from
'Abdullah ibn Mas'ood, who said: "Hasten to Jumu'ah, for verily Allah
will appear to the people of Paradise every Friday when they gather at
a sand hill of camphor, and their closeness to Him will be
commensurate with the degree to which they hastened to Jumu'ah in this
world." Then he listed a number of isnaads for it, then he said:
This that Ibn Mas'ood told us is something that he could only know
from a Prophet or from someone who took it from a Prophet. Thus it is
known that Ibn Mas'ood took it from the Prophet (blessings and peace
of Allah be upon him), and it is not possible for him to have taken it
from the People of the Book, for several reasons:
i. The Sahaabah were forbidden to believe the People of the
Book in what they told them. Hence it is impossible for Ibn Mas'ood
(may Allah be pleased with him) to have narrated for the purpose of
teaching, or as the basis for a ruling, something that the Jews told
him.
ii. Ibn Mas'ood (may Allah be pleased with him) in particular was
one of the strictest of the Sahaabah (may Allah be pleased with them)
in denouncing those who took things from the teachings of the People
of the Book.
iii. Jumu'ah (Friday) was enjoined only for us, and coming early to
Jumu'ah is only prescribed in our religion. Hence it is unlikely that
such a report could have been taken from the earlier Prophets, and it
is unlikely that the Jews would speak of such a virtue to this ummah,
when they characteristically concealed knowledge and were miserly with
it, and they were envious of this ummah.
End quote fromMajmoo' al-Fataawa, 6/403-405
Muslim (2833) narrated from Anas ibn Maalik that the Messenger of
Allah (blessings and peace of Allah be upon him) said: "In Paradise
there is a market to which they will come every Friday. Then the north
wind will blow and will blow on their faces and garments, and increase
them in beauty. Then they will return to their families having
increased in beauty and their families will say to them: By Allah, you
have increased in beauty, and they will say: By Allah, you too have
increased in beauty."
Shaykh al-Islam [Ibn Taymiyah] said:
It may be that this hadeeth is shorter than other hadeeths. The reason
for the increase in beauty is "seeing Allah, may He be exalted", and
all the joy that results from that. Based on that, it may be that the
believing women will see Allah in their homes in Paradise in such a
way that their beauty increases, if the reason for that is seeing
Allah, as is explained in other hadeeths...
... Once that is clear, then we say: In some of the other hadeeths
that give more details than this hadeeth it mentions seeing Allah on
Fridays, but there is nothing to connect it to Jumu'ah prayer in this
world. In the hadeeth of Abu Hurayrah it mentions the Friday
marketplace of Paradise, and in some of the hadeeths it says that on
Fridays in the hereafter they will sit with Allah, with the degree of
closeness to Him commensurate with the degree to which they hastened
to Jumu'ah in this world. There is no mention of seeing Him - as
mentioned above in the marfoo' hadeeth of Ibn Mas'ood. And in some
reports there is mention of both things [seeing and sitting] together;
these are the majority of the hadeeths.
End quote fromMajmoo' al-Fataawa, 6/408-409
He also said:
Seeing Allah in the Hereafter in general is connected to the
congregational prayers. If it was prescribed for people in this world
to gather to remember Allah, converse with Him, and find joy in
meeting Him in prayer every Friday, then in the Hereafter they will be
allocated a meeting every Friday to converse with Him, see Him and
find joy in meeting Him.
If the Sunnah stated that the women should be enjoined to go out on
'Eid, even those who remained in seclusion and those who were
menstruating, and at the time of the Messenger of Allah (blessings and
peace of Allah be upon him) most of the women went out on the Eid,
their Eid in the Hereafter will include seeing Him, commensurate with
their Eid in this world.
End quote fromMajmoo' al-Fataawa, 6/420
Thirdly:
The idea that the people of Paradise will see their Lord, may He be
glorified, every Friday does not mean that they will not see Him at
other times. The people of Paradise will enjoy various delights, and
the greatest bliss is to see the Lord, may He be exalted, in Paradise.
Just as they will vary in terms of the physical delights of Paradise,
they will also vary in terms of intangible bliss.
But affirming or denying the idea of seeing Him every day depends on a
sound report from the Prophet (blessings and peace of Allah be upon
him) to that effect, and no such report has reached us as far as we
know.
Shaykh al-Albaani (may Allah have mercy on him) said:
The believers will see their Lord every Friday; as for every hour or
every moment, we have no knowledge concerning that.
End quote fromDuroos Mufraghah li'sh-Shaykh al-Albaani(43/3)
And Allah knows best.

Dought & clear, - She got divorced when she was pregnant, then she miscarried, but there were no human features in the embryo; she thought that her 'iddah was over at that point, then she got married

I am a revert and about 3 years ago, my husband gave me a Talaq. We
have always been living separately during our marriage . Four weeks
after he had given me a divorce, I found out that I was 5 weeks
pregnant. I went the following day to the hospital because I started
bleeding. They found out that it was an Ectopic pregnancy ( pregnancy
in the tube) and a few hours later, they removed the pregnancy. I was
told that the iddah period of a pregnant woman terminates once she
delivers the baby and that it was apparently the case for me too as I
had lost the baby. But browsing on your website, I understood that I
should still have had a 3 month iddah period because it wasnt a foetus
with human features. My point here is 2 months and one week after my
husband had divorced me, I remarried another brother. Our marriage got
organised by the brother'sisters who are followers of the Naqshbandi
tariqa. At that time, neither me and the brother were aware of the
deviant beliefs of this group. We certainly would have not conducted
our nikkah there but at an Alhus sunnah wal jamaah masjid. The other
issue is that I didn't have a wali at this wedding.Is this marriage
valid
Praise be to Allah.
If a woman with whom her husband has consummated the marriage is
divorced by talaaq, then she is obliged to observe the 'iddah (waiting
period). If she is a woman who menstruates, then she must observe
'iddah for three complete menstrual cycles after the divorce (talaaq),
meaning that one period comes and goes, then another comes and goes,
then another comes and goes (and she purifies herself after each
period). That is three complete menstrual cycles, whether the timing
between them is long or not. This has been discussed previously in
fatwa no. 12667.
This applies if she is not pregnant. However if she is pregnant, then
her 'iddah lasts until the pregnancy ends, as explained in the fatwa
referred to above. It should be noted that the pregnancy for which
delivery (of the foetus) signals the end of the 'iddah is that in
which human features can clearly be seen in the foetus - according to
the more correct view. The minimum period at which human features
appear clearly in the foetus is eighty days from the beginning of the
pregnancy, but the usual period is ninety days. If the woman
miscarries and no human features can be seen in the embryo, the 'iddah
does not end at that point - according to the more correct opinion;
rather in that case she must still observe 'iddah for three menstrual
cycles, as explained previously in fatwa no. 107051.
The Maalikis have a different view; they are of the view that if a
woman miscarries and passes congealed blood, then her 'iddah ends at
that point, even if no features could be seen in it. It says
inMukhtasarKhaleel(1/130): The 'iddah of a pregnant woman in the case
of divorce (talaaq) or the death of her husband is when her pregnancy
ends completely, even if that is by passing congealed blood. End
quote. The Maaliki scholars interpreted "congealed blood" which
signals the end of 'iddah in their view as that which does not
dissolve if hot water is poured on it. It says inSharhMukhtasar
Khaleelby al-Kharashi (4/143):
What is meant by congealed blood is that which does not dissolve if
hot water is poured on it. End quote.
Inash-Sharh al-Kabeerby Shaykh ad-Dardeer (2/474) it says: The sign of
it having been a pregnancy is that if hot water is poured on it, it
does not dissolve. End quote.
You state that there were no human features in what was passed. As
that was the case, your 'iddah did not end when you passed it -
according to the more correct opinion; rather what you should have
done was to observe 'iddah for three menstrual cycles.
But so long as the second marriage has indeed taken place on the basis
that you thought that your 'iddah had ended, and this idea is in
accordance with a school of thought (madhhab) that is recognised by
the scholars, which is the madhhab of the Maaliki fuqaha' who say that
the 'iddah ends when congealed blood is passed, then it is permissible
for you to forego the view of the majority and follow the Maalikis in
their view that the 'iddah ended when this blood was passed. Hence the
verdict is that the second marriage is valid.
This - i.e., following a less correct opinion after the fact - is the
view favoured by a number of scholars, especially if adhering to the
more correct view would cause hardship or difficulty. In that case
ash-Shaatibi - may Allah have mercy on him - said
inal-Muwaafaqaat(5/190): If a person has done something that is not
allowed, but the rulings concerning the situation may lead to more
than is appropriate - in terms of consequences , not in terms of the
rulings themselves - or rectifying it may lead to greater hardship
than the reason why it was prohibited in the first place, then he may
be left as he is, without efforts being made to undo what has been
done. In other words, we may overlook whatever bad things have
occurred, in a manner befitting justice, on the basis that what has
been done was in harmony with some (scholarly) view, even if that view
is less correct, because it is the correct view in this case which
requires us not to undo what has happened, because leaving it is more
appropriate thing than undoing it; that is because trying to undo it
may cause more harm than the harm the Lawgiver sought to protect him
from when it told him not to do it. End quote.
The point is that it may be the case that the evidence for prohibition
is stronger before it happens, and the evidence for overlooking it is
stronger after it has happened, because of contingent circumstances
that weigh more heavily on the side of overlooking it, as was pointed
out in the hadeeth about rebuilding the Ka'bah on the foundations laid
by Ibraaheem (peace be upon him) [the Prophet (blessings and peace of
Allah be upon him) thought of rebuilding the Ka'bah on the foundations
of Ibraaheem, but because Quraysh were so new in Islam and would be
shocked by the change, he decided to refrain]; and the hadeeth in
which the Prophet (blessings and peace of Allah be upon him) stated
why he did not execute the hypocrites [despite it being permissible
for him to do so because of their treachery; he did not want people to
say that Muhammad killed his companions]; and the hadeeth about the
man who urinated in the mosque - the Prophet (blessings and peace of
Allah be upon him) ordered that he be left alone until he was done,
because if he had interrupted him whilst he was urinating, that could
have led to his clothes becoming contaminated and could have caused
him some physical harm. So the issue of allowing him to carry on with
a forbidden action was more appropriate than interrupting him, which
would have caused him harm and would have led to contamination of two
places (the ground and his clothes), whereas if he was left alone,
only one place would be contaminated.
In the hadeeth it says: "Any woman who gets married without the
permission of her guardian, her marriage is invalid, invalid,
invalid." Then he said: "But if he has consummated the marriage with
her, then she is entitled to the mahr because he has been intimate
with her." This is correcting the situation (marriage of a woman
without her guardian's permission) in one way, hence the couple
inherit from one another if one of them dies, and any child who is
born as a result is to be attributed to the man. By applying these
rulings to an invalid marriage as if it were a valid marriage, and by
ruling that in-laws become mahrams and so on, the scholars indicated
that the marriage is basically valid, otherwise it would come under
the rulings on zina, but it does not come under the rulings on zina at
all, according to scholarly consensus.
Therefore with regard to a marriage concerning which there is a
difference of scholarly opinion, all views may be taken into
consideration, so that no separation should take place after the
marriage has been consummated, based on the new situation after
consummation which makes the view that it is valid stronger.
Based on that, what appears to be the case - and Allah knows best - is
that the second marriage is to be regarded as valid, based on the
opinion of the Maalikis who say that the 'iddah ends when the
pregnancy is miscarried, even if human features are not visible in it.
But there remains another issue, which is what you said about the
marriage having been organised by followers of the Naqshbandi tareeqah
(Sufi order). You did not explain to us the nature of these
arrangements. If what you mean is that the marriage contract - only -
was done in their mosque, and nothing else, then this does not matter,
if a Muslim guardian and two witnesses of good character were present.
But if what you mean is that the marriage contract was done without
the presence of a guardian at all, or that it was done under the
guardianship of a person who follows this misguided and innovated
tareeqah, then in this case the marriage contract was done in an
invalid manner, because the marriage contract done without a guardian
is invalid, as we have explained in fatwa no. 144712
The followers of the Naqshbandi tareeqah are in grave danger and there
are many serious innovations (bid'ahs) in their beliefs and practices.
Hence in order to be on the safe side you should repeat your marriage
contract; if you now have a Muslim guardian among your family and
relatives, then he may do the marriage contract for you; if you do not
have a Muslim guardian, then your marriage contract may be done by the
Muslim qaadi (judge), if there is one, or by the director of the
Islamic Centre, the imam of the mosque or a Muslim man of good
character.
For more information on the Naqshbandis and their deviation.
And Allah knows best.