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Sunday, April 21, 2013

Dought & Clear, - Their father died and left them a house and a tailor shop; how should the estate be divided among them?.

We are a family composed of four daughters and one son, who is
married, as are two of the daughters, and the other two daughters are
still at home with our mother. One of them works for a private company
and theother is the youngest of us, and is the focus of our question;
she works as a tailor. When my father died, may Allah have mercy on
him, he left us a house that he had built, so it belongs to us, and he
left the store in which he was a tailor and for which he used to pay
rent every month. We have allowedour sister who works as a tailor to
use the shop after our father died; now she is the one who spends on
the house andon our mother, but the Shaytaan has started to whisper
into the hearts of some of us and some have started to demand their
share of this shop.
What is the Islamic opinion concerning this?Is it permissible for us
to speak about the inheritance at all when our mother is still alive?
Are we entitled to a share of the income earned by our sister by means
of her own efforts in this shop? Especially since I am certain that
she is the one who is bearing the responsibility of spending on the
house and on our mother, withall that she needs of medicines and other
things. This matter is upsetting my mother too, and she is the one who
has asked me to consult someone whom Itrust concerning the ruling so
that she will not be wronging any of her children.
Praise be to Allah.
Firstly:
The basic principle is that whatever the deceased left of wealth,
property or goods belongs to all of the heirs, whether that estate is
small or big, because Allah, may He beexalted, says (interpretation of
the meaning):
"There is a share for menand a share for women from what is left by
parents and those nearest related, whether, the property be small or
large - a legalshare"
[an-Nisa' 4:7].
Based on that, what your father left behind of sewing machines in that
shop are to be regarded as belonging to all of the heirs; if they wish
they may sell those machines and divide the price amongst themselves,
each according to his allocated share of the inheritance. So the one
whose share is one eighth, for example, maytake one eighth of the sale
price, and so on for the rest of the heirs.
In fact this is what we advise you to do, to divide the estate and
give each person his or her share. The one who works in that
profession is more entitled to the shop than anyone else, so she
should give each of the heirs his share, and you should be easy going
with regard to that. If she is not able to pay all that she is
required to, then be lenient towards her withregard to payment.
If they want to leave the machines and the shop as they are, if the
heirs agree to that, in that case then the sister who is working can
rent it from them, so the rent ofthe shop and machines will be an
inheritance to be distributed among the heirs, each according to his
share ofinheritance; or they can pay her a salary like that of her
professional peers, whatever is left over (of the income fromthe shop)
may be distributed among the heirs; or she can work on a profit-share
basis (mudaarabah), in which she receives a portion ofthe profit and
the othersreceive the rest. Any of these options may be chosen,
according to what you agree upon.
The safest of these solutions and the one which is most likely to
prevent conflict, is to divide the estate completely. Experts should
work out the value of what your father left in the shop of machines
and so on, andit should be divided among the heirs.
Secondly:
The fact that your mother is still alive has nothing to do with the
question of dividing the estate; rather if any of the heirs asks for
his share of the inheritance then it should be given to him. This has
been explained previously in the answer to question no. 97842
With regard to your mother's maintenance, such as food, drink and so
on, if her share of the inheritance is not sufficient to meet her
needs, then those of her children who are well off are obliged to
spend on her. If they are equal in that regard, then the
responsibility for maintenance should be shared among them. For more
information on this matter, please see question no. 144721
We ask Allah to grant you ample provision andto unite you in truth andgoodness.
And Allah knows best. - - ▓███▓ Translator:->
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Dought & Clear, - An atheist is asking: Why do you hate me?.

I came across this site some time ago and have been intrigued but also
felt a little uncomfortable and whathas been written. As a non muslim
i am well aware that you hate me, you have stated plenty of times when
answering questions posed by others that nonbelievers are to be
hatedand that you cannot understand why anyone would care about them
or love them. In my opinion you view me as a lower form of life that
is to be hated, why? what have i ever done toyou? i feel insulted that
you would blame me for actions i did not make oroffences i did not
give. i do not speak for others ispeak only for myself. why should i
convert if i will be surrounded by evil people who hate me.
Praise be to Allah.
We appreciate your frankness and your courage in sending this
question, and we are very happy to answer it. Our hearts and the heart
of every Muslim are filledwith mercy and compassion towards all of
creation, believers and disbelievers, male and female, young and old,
white and black. All of them are the children of Adam, and Adam was
created from dust. So the humanity that unitesus reminds us Muslims
that our father Adam (peace be upon him) was expelled from Paradise as
a result of his sin, and that results in trials for his progeny so
long as this world remains. The one who adheres to the innate, sound
human nature of monotheism, to which Adam (peace be upon him) adhered,
will be victorious and will be saved, and he will returnto his
original home which is eternal Paradisewith the Lord of the Worlds.
But those of the progeny of Adam who are diverted by whims and desires
and other distractions will suffer true loss and will be deprived of
returning to the eternal Paradise from which our father Adam (peace be
upon him) was expelled.
Our Prophet (blessings and peace of Allah be upon him) said:
"O people, Your Lord is One and your father is one. There is no
superiority of an Arab over a non-Arab, or of a non-Arab over an Arab,
or of a white man over ablack man, or of a black man over a white man,
except in terms of taqwa(piety, God-consciousness)."
A saheeh (sound) hadeeth, narrated by Ahmad in his Musnad, no. 23489.
It is from this point that our relationship with you begins, and it is
with this philosophy thatthe Muslim is required tolook at all of
creation, that they are prisoners of their own evil inclinations and
the Shaytaan (Satan), who are their real enemies, and it is essential
to helpall of them to escape from these bonds by means of believing in
Allah, the One and Only, the Unique, the Eternal, Absolute, Who begets
not, nor was He begotten, and there is none like unto Him. This is the
way to freedom, and this is the message of all of His noble Prophets.
This is how our Prophet Muhammad (blessings and peace of Allah be upon
him) was; he shed tears and his heart was broken out of compassion and
sorrow for those who did not believe in him and did not join his
caravan that would take them back totheir original home for which they
were createdand from which they were expelled, which is Paradise. That
great compassion that filled the heart of the Prophet (blessings and
peace of Allah be upon him) deserved to be recorded by Allah in the
Holy Qur'an, where He said (interpretation of the meaning): "Perhaps
you would kill yourself (O Muhammad) in grief, over them (for their
turning away from you), because they believe notin this narration (the
Quran)" [al-Kahf 18:6] i.e., perhaps your grief for them would destroy
you.
See Tafseer al-Qur'an al-'Azeem, 5/137
We do not hate you personally. How could we hate you when we do not
know you and have never met you; we could never despise you for your
colour, your race or your family. All ofthat is forbidden to us, to
love or hate people because of their colour, lineage or forebears.
Rather our hatred and enmity is directed towards the disbelief and
atheism that you carry in your heart and will soon destroy you and
lead you to the eternal punishment of Allah, and that will bringupon
you misery in this world and in the hereafter. We feel very sorry for
you because of this misery and we are striving to save you fromit; we
wish that we could do that!
It was narrated from AbuHurayrah (may Allah be pleased with him) that
he said: The Messenger of Allah (blessings and peace of Allah be upon
him) said: "Allah has taken away your pride of Jaahiliyyah (ignorance)
and your boasting about your forefathers. One is only arighteous
believer or a doomed evildoer. You are the sons of Adam and Adam was
created from dust. Men should stop boasting about their forefathers,
who are no more than the coal of Hell, or they will certainly be more
insignificant before Allah than the beetle that rolls dung with its
nose."
A saheeh (sound) hadeeth, narrated by Abu Dawood (5116) et al.
We think that you will agree with us that all humans are free to
believe in and to love or hate any idea or belief. This is one of the
freedoms that are guaranteed by modern constitutions. But no human
being has the right to mistreat those who differ from him in belief by
wronging them, annoying them or betraying them, or trying to cause
them harm, just because of the differences in belief between them.
If you were living among Muslims who truly adhere to Islam, you would
be living a good and happy life, and you would have the rights brought
by Islamiclaw over fourteen hundred years ago, which are not surpassed
by the rights brought by modern civil societies. Atthat time the earth
was filled with oppression and tyranny that trampled upon human
dignity. The first of theserights is the right to follow the beliefs
that you choose, as is the view of many of the jurists and scholars.
Ibn al-'Arabi (may Allah havemercy on him) said: All ofour scholars
said that the jizyah (a form of tax paid by non-Muslims in return
which they are granted protection and freedom of worship by the
Islamic state) is to betaken from every disbeliever, and this is the
correct view. End quote from Ahkaam al-Qur'an, 1/156; there is a
similar remark in Tafseer al-Qurtubi (8/110). If your belief is
Judaism or Christianity or Zoroastrianism, then you have complete
freedom according to the consensus of the jurists. Allah, may He be
exalted, says (interpretation of the meaning): "There is no compulsion
in religion" [al-Baqarah 2:256].
If you lived among Muslims, you would be safe from any harm by any
means. The Prophet of Islam Muhammad (blessings and peace of Allah be
upon him) said: "Whoever kills a mu'aahad (non-Muslim living under
Islamic rule)will never smell the fragrance of Paradise, although its
fragrance may be detected from a distance of forty years."
Narrated by al-Bukhaari,no. 6914.
If you lived among Muslims, you and all of your property would be safe
against any transgression. The Prophet of Islam Muhammad (blessings
and peace of Allah be upon him) disavowed anyone who transgresses
against non-Muslims.
If you lived among Muslims and you fell sick or were stricken by harm
or calamity, they would hasten to visit you and they would support you
in the hope of reward from Allah, may He be glorified and exalted.
They would always be eager to save you from the Fire even ifyou were
on your deathbed, at which time you would have no power to cause them
harm or bring them benefit. In such a situation they would nothope for
anything from you except what they would hope for you nowwhen you are
healthy, which is that Allah should save you from the Fire.
Have you not heard the report from the Prophet Muhammad (blessings and
peace of Allah be upon him) that he had a Jewish servant who served
him and he treated him kindly? He (the Jewish boy) fell sick,so the
Prophet (blessingsand peace of Allah be upon him) came to visit him.
He sat by his head and said to him: "Become Muslim." (The boy) looked
at his father, who was there with him, and he said to him: Obey
Abu'l-Qaasim [i.e., the Prophet] (blessings and peace of Allah be upon
him). So he became Muslim, and the Prophet (blessings and peace of
Allah be upon him) left, saying: "Praise be to Allah Who has saved him
from the Fire." Narrated by al-Bukhaari, no.1356
If you lived among Muslims, society would allocate to you a monthly
stipend to help you with living costs. In the covenant that Khaalid
ibn al-Waleed wrote for the people of al-Heerah in Iraq, who were
Christians, it says: "I allocate to them: for any old man who is
incapable of working or who has been stricken by calamity, or who was
independent of means and then became poor and his coreligionists start
giving charity to him, the jizyah is waivedand a stipend is to be
given to him and his dependents from the bayt al-maal (treasury) of
the Muslims."
End quote from al-Kharaaj by Abu Yoosuf, p. 144.
The title that may be given to the mission of our Prophet Muhammad
(blessings and peace of Allah be upon him) in brief is: mercy. Allah,
may He be exalted, says (interpretation of the meaning): "And We
havesent you (O Muhammad) not but as a mercy for the worlds"
[al-Anbiya' 21:107]. And Allah knowsbest.
And our Prophet Muhammad (blessings and peace of Allah be upon him)
said of himself: "O people, I am but a mercy that has been bestowed."
Narrated by ad-Daarimi, 15; classed as saheeh by al-Albaani.
If we were to quote examples of Islamic tolerance throughout the
history of the Islamicstate, that would fill dozens of pages. If you
would like to read and study further, you could read the book by Prof.
'Umar ibn 'Abd al-'Azeez entitled Samaahat al-Islam (Islamic
Tolerance), published by al-Maktabah adh-Dhahabiyyah and Maktabat
al-Adeeb.
We ask Allah, may He be glorified and exalted, to guide you and open your heart.

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Bibi Karimah bint Ahmad Maruzi

She had been a world reputed scholar in fifth century Hijrah. She was
daughter of Ahmad ibn Muhammad ibn Abi Hatam. She was born in Iranian
town of Merv. She studied theology for years and learnt Ahadith from
great scholars. She went to Makkah after having been qualified to
narrate Hadith. She commenced delivering Dars at Makkah. The noted
Muhaddith of Muslim Spain, Abu Bakr Muhammad ibn Sabaq Saqli was a
devoted learner from her. He, after the Muslim rule at Saqqlyah
(Sicily) ended, had gone to Makkah where he achieved learning of
Hadith from her. He, afterwards went to Spain and made her abode in
Granada to narrate Ahadith, he had learnt at Makkah. Ibn Bashkwal
says…
(Abu Bakr Muhammad reported Ahadith from Karimah bint AhmadAl-Maruzi
and others, He came to Andalus and the people of Granada passionately
learned from him).
AIlama Khatib Baghdadi says in Tarikh Baghdad (History of Baghdad)
thathe, in 463H, during the days of Hajj, heard Sahih Bukhari from
Karimah. Hundreds of seekers participated in the Dars session of
Muhaddithah Karimah and quenched their thirst of learning. Besides Abu
Bakr Muhammad, Allama Khatib Baghdadi and Allama Abu Talib Zaynabi,a
number of other scholars of great esteem attained knowledge of Hadith
from her. Bibi Karimah was said to haveachieved perfection in
mysticism besides other faculties of studies. She presumabty died
about 464H with the controversy on the exactness of the date.
(Khazinat-ul-Asfia, Tarikh Saqqlya) - - ▓███▓ Translator:->
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Mum and Dad

Jazakallah for the Islamic upbringing
Teaching me to refrain from sinning
Showing me right from wrong
Tarbiyyah provided all along
Saving me from doing misdeeds
Guiding me to increase good deeds
Instilling in me the desireto seek Allahs pleasure
Mum and Dad , what you did for me I cannot measure.
Oh, Allah , Look after my parents as they looked after me*
My Lord, make Jannah forthem Your decree.
Ameen
*My Lord! Have mercy on them as they did care for me when I was
little. (Quran, Al-Isra' v. 24)
Waathilah (Allah be pleased with him) reported that the Prophet (صلى
الله عليه وسلم) said: "Four [types of people's] du'a are accepted: The
just leader, a man who prays for his absent brother, the prayer of the
oppressed person and the one who prays for hisparents."
(Kanz-ul-Ummaal 423)

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