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Thursday, July 23, 2015

Kind Treatment of Spouses, - Dought & clear, - * Wife disposing of her own money without her husband’s knowledge



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My sister works in Saudi and wants to invest part of her salary in a project on the basis that this money is my money and she will give me the profits whilst the capital remains hers, on the basis that I will lend her this money and she will invest it, but without her husband’s knowledge. Is she or am I doing anything haraam? Please advise us.
Praise be to Allaah.
There is no sin on your sister if she gives you money as a loan for you to invest and benefit from the results on the basis that the capital will remain your sister’s. But if your sister wants to share the profit with you whilst she is keeping the capital as is, that is not permitted, because this comes under the heading of “every loan that brings benefits is riba.” It is not necessary for her husband to know about your giving her the money, because the money is her own and he has no right to any part of it unless she gives it willingly. Allaah says (interpretation of the meaning):
“And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)”
[al-Nisa’ 4:4]
But by way of kind treatment and because men are more experienced and kanowledgeable in matters of business, our advice is that the husband should be told about what his wife is doing and how she is disposing of her wealth.
Shaykh ‘Abd-Allaah al-Jibreen said:
The wife owns her wealth and she has the right to dispose of it. She may give it as gifts, give it in charity, pay off her debts, give up her rights to money that she is owed or give up her right to inheritance to whomever she wants, whether relatives or others. Her husband has no right to object if she is mature and of sound mind. Her husband does not have the right to dispose of any of her wealth except with her consent. (Fataawa al-Mar’ah al-Muslimah, 2/674).
And Allaah knows best.









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Kind Treatment of Spouses, - Dought & clear, - * Her family took her away without her husband’s permission










I have a brother who has been married for several years, and he has a son and a daughter. He often has arguments with his wife, then they make up. The most recent incident was when she started to cursing her parents-in-law, then she went even further and hit her husband. Then she told her family, and they came and took her away without her husband’s permission. There is a lot of immorality and lack of religious commitment, the extent of which Allaah only knows. We have tried to advise them on many occasions but without success.
I hope that you can help us and tell us to which department we may refer this matter, so that we can put an end to it.
Praise be to Allaah.
Firstly:
It is not permissible for a woman to go out of her husband’s house without permission, rather many of the scholars regarded this asnushooz(defiance) and going against the husband, if there is no excuse for doing that, such as if her husband is harming her in a manner that she cannot ward off and so on.
Moreover, if the wife is withholding herself from her husband, he is no longer obliged to spend on her because of her defiance, as the fuqaha’ have stated. Seeal-Mughni, 8/182.
Secondly:
What your brother should do is to handle the situation wisely and carefully in order to bring his wife back home. He should remind her of Allaah, and remind her family of Him; if he cannot do that himself, then he should enlist the help of some relatives who have knowledge, experience and wisdom, and get them involved so that they can solve the issue.
He should exercise deliberation and not be hasty in taking decisions, for “Deliberation is from Allaah and haste is from the Shaytaan,” as the Prophet (peace and blessings of Allaah be upon him) said. (Classed as saheeh by al-Albaani inal-Silsilah al-Saheehah, 1895).
A man may make a decision at the time of anger, then regret it, but at a time when regret will be to no avail.
He should also adopt an attitude of patience, put up with his wife and try to put an end to the disputes between them that have gone on for years and years. Let him start a new life with her, forgetting the past and its arguments.
Thirdly:
No one is perfect, so he should accept her good points and overlook her bad points, and try to change her in a wise and calm manner. The Prophet (peace and blessings of Allaah be upon him) said: “No believing man should hate a believing woman, for if he dislikes one of her characteristics, he will be pleased with another.”
Al-Nawawi said:
This means that he should not hate her, because if he sees in her a characteristic that he dislikes, he will find another that is pleasing; she may be bad-tempered but at the same time religiously-committed, or beautiful, or chaste, or kind to him, and so on. End quote.
This is how all people are; they have good qualities and bad qualities. The wise man is the one who strikes the right balance between good and bad, accepting the good things and overlooking the bad, whilst also trying to correct them.
Fourthly:
If the husband does all that but the woman still does not change, then he may refer to the shar’i courts to resolve this dispute.
And Allaah is the One Whom we ask to set the affairs of all the Muslims straight.
And Allaah knows best.























- PUBLISHERNajimudeeN M

Tuesday, July 21, 2015

Quraanic Exegesis, Dought &clear, - * Meaning of theverse, “and do not throw yourselves into destruction”

Can you please clarify the meaning of the verse of 2.195] And spend in
the way of Allah and cast not yourselves to perdition with your own
hands, and do good (to others); surely Allah loves the doers of good.
I am confused because on this fatwa it refered to not spending in the
cause of Allah The question number 46807 .
but then I read another fatwa where it said refered to it as killing
yourself If I have understood it correctly Sheik. The question number
21589 Can you please clarify Sheik?.
Praise be to Allaah.
The scholars – mufassireen, fuqaha' and others -- are unanimously
agreed that the verse in which Allaah says (interpretation of the
meaning):"And spend in the Cause of Allaah (i.e. Jihad of all kinds)
and do not throw yourselves into destruction (by not spending your
wealth in the Cause of Allaah), and do good. Truly, Allaah loves
Al-Muhsinoon(the good-doers)" [al-Baqarah 2:195]was revealed in the
context of enjoining spending, and with regard to the reason for the
revelation of this verse it was narrated that some of the Sahaabah
wanted to focus on their farms and trade, and forsake jihad for the
sake of Allaah, and Allaah warned them against doing that in this
verse.
Imam al-Bukhaari (may Allaah have mercy on him) narrated from
Hudhayfah ibn al-Yamaan (may Allaah be pleased with him) that he said
concerning this verse: It was revealed concerning spending (in the way
of Allaah). End quote. (al-Bukhaari, no. 4516).
Al-Tirmidhi (2972) narrated that Aslam Abu 'Imraan said: We were in
the city of the Byzantines and there came out to us a large number of
Byzantines. One of the Muslim men charged at the Byzantine ranks until
he penetrated among them, and the people shouted and said: Subhaan
Allaah! He has thrown himself into destruction! Abu Ayyoob al-Ansaari
stood up and said: O people, you are misinterpreting this verse.
Rather this verse was revealed concerning us Ansaar, when Allaah
granted victory to Islam and the number of its supporters increased.
We said to one another in private, and not to the Messenger of Allaah
(blessings and peace of Allaah be upon him): Our wealth and property
have diminished. Allaah has granted victory to Islam and the number of
its supporters has increased. We should focus on our wealth and
property and try to take care of them. Then Allaah revealed to His
Prophet (blessings and peace of Allaah be upon him) a verse which
refuted what we said:"And spend in the Cause of Allaah (i.e. Jihad of
all kinds) and do not throw yourselves into destruction (by not
spending your wealth in the Cause of Allaah)". So destruction here
referred to focusing on wealth and property, and abandoning jihad. Abu
Ayyoob continued to strive in jihad for the sake of Allaah until he
was buried in Constantinople.
Classed as saheeh by al-Albaani inal-Silsilah al-Saheehah, 13.
Despite that, the scholars -- both earlier and later -- also quoted
this verse as evidence to show that it is forbidden to kill oneself or
harm oneself or throw oneself into destruction by any means, based on
the general meaning of the words of the verse and by analogy, and they
affirmed the basic usooli principle which says: what counts is the
general meaning of the words, not the specific reason for revelation.
Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said:
As for restricting it to that -- meaning restricting the verse to the
matter of not spending for the sake of Allaah -- that is subject to
further discussion, because what counts is the general meaning of the
wording. End quote.
Fath al-Baari, 8/185
Al-Shawkaani (may Allaah have mercy on him) said:
i.e., do not do that which will bring about your destruction. The
salaf had a number of opinions concerning the meaning of the verse.
The truth is that what matters is the general meaning of the wording
not the specific reason for revelation. Everything that may be called
destruction in religious or worldly terms is included in that. This is
the view of Ibn Jareer al-Tabari. End quote.
Fath al-Qadeer, 1/193
This is also indicated by the various interpretations that the salaf
gave for this verse. It was narrated from al-Bara' ibn 'Aazib (may
Allaah be pleased with him) that he regarded the one who committed a
sin then despaired of the mercy of Allaah as throwing himself into
destruction.
Ibn Hajar said inFath al-Baari(8/33): It was narrated by Ibn Jareer
and Ibn al-Mundhir with a saheeh isnaad.
Thus it becomes clear that the two answers previously given on our
website do not contradict one another. What is mentioned in question
number 46807explains the reason for the revelation of this verse and
the context in which it was revealed.
The answer to question number 21589is quoting as evidence the general
meaning of the wording of the verse, and explaining that it is not
permissible to throw oneself into destruction in any sense, whatever
the form of this destruction or harm.
And Allaah knows best.

Quraanic Exegesis, Dought &clear, - * Is there a difference between modern tafseer of the Qur’aan and ancient tafseer?

Are there differences in the interpretation of the Qur'an and in
related ceremonies between the early time of the islam (up to the
Umayyads) and today ?
Are there differences in the interpretation of the Qur'an and in
related ceremonies between the early time of the islam (up to the
Umayyads) and today ?
Praise be to Allaah.
If what is meant in the question is the tafseer of the Qur'aan during
the Umawi (Umayyad) period at the time of the righteous salaf
(predecessors) of the Taabi'een and the successive generation, and the
lesser Sahaabah, the compilation (of tafseer) in written form was not
widespread at that time, compared to later times. It is mostly limited
to reports which are known as al-tafseer al-athari (reports quoting
the words of the Prophet (peace and blessings of Allaah be upon him)
and the Sahaabah). Then the scholars adopted other appraoches in
tafseer and followed a number of trends, some of which were
praiseworthy and acceptable, and others were to be rejected. In more
recent times, this reliance on their own opinions and understanding
was taken even further, and theories and variables which have no place
in tafseer were forcibly introduced. It reached the point where it may
be said of some tafseers that they contain everything except tafseer.
Examples of this in mediaeval tafseers includeTafseer al-Raazi, and in
modern tafseers,Tafseer al-Jawaahir.
One of the good references on this isIttijaahaat al-Tafseer fi'l-Qarn
al-Raabi' 'asharby Shaykh Fahd al-Roomi
Written by Shaykh 'Abd al-Kareem al-Khudayr