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Monday, May 6, 2013

Dought & Clear, - If he dies and leaves behind a father, mother,Christian wife, and brothers and sisters bothfull- and half-siblings, who among them inherits from him?.

I am in the process of writting my last will and Ifound it challenging
due to a little complicated situation, I am explaining here within: I
am married to aChristian woman (she is not muslim but she is a
believer) our marriage was celebrated in the mosque. I have three
fullsisters all married, two half-sisters from my father side and 3
half-brother from my father side and my parents: father and mother. My
parents are divorced since 10 yeras ago, my father doesnt support my
Mom who lives alone in a home I bought for her, I take care of her
living and expense when she needs. I have no regular contact or news
from myhalf-brothers and half-sisters. I kept contact with my father
who remarried several times since. I would like to know what is the
prescribed portions of IRTH (inheritance) that apply for my heirs
should they inherit me after my departure.
Praise be to Allah.
Firstly:
Your saying that your Christian wife is not a Muslim but she is a
believer is a contradiction in terms and is not correct, because the
one who is a believer is a Muslim. Perhaps you mean that she believes
in the existence of God or that she believes in her religion. This and
similarmatters cannot be described as faith or Islam unless she
believes in the Messenger of AllahMuhammad (blessings and peace of
Allah be upon him) and she believes in all the Messengers of Allah.
The Christians are disbelievers and cannot be described as Muslims,
let alone believers. Allah,may He be exalted, says (interpretation of
the meaning):
"Surely, disbelievers are those who said: 'Allah is the third of the
three (in a Trinity)'"
[al-Maa'idah 5:73]
"And (remember) when Allah will say (on the Dayof Resurrection): 'O
'Eesa (Jesus), son of Maryam (Mary)! Did you say unto men: Worship me
and my mother as two gods besides Allah?' He will say: 'Glory be to
You! It was not for me to say what I had no right (to say)'"
[al-Maa'idah 5:116].
In Saheeh Muslim (153) itis narrated from Abu Hurayrah (may Allah be
pleased with him) from the Messenger of Allah (blessings and peace of
Allah be upon him) that he said: "By the One in Whose hand is the soul
of Muhammad, no one among this nation, Jew or Christian, hears of me
then dies not believing in that with which I was sent, but he will be
one of the people of the Fire."
Shaykh al-Islam (Ibn Taymiyah – may Allah have mercy on him) said:
The Jews and Christians are disbelievers in a sense that is clear, and
that is well established and well known in the religion of Islam.
End quote from Majmoo'al-Fataawa, 35/201
Secondly:
Inheritance refers to the living taking charge of the wealth of the
deceased because of tiesof blood or marriage.
The inheritance is not determined until after the death of the one
from whom the wealth is inherited, after which we may see who among
his heirs is entitled to take over his wealth thathe left behind,
according to the shares allocated by Allah.
We cannot at present specify who will inherit from you after you die,
because we do not know who will die first; perhaps you will inherit
from them or perhaps others will inherit from you.
But if we assume that you have left all of these people behind, then
your inheritance goes toyour father and your mother; and your wife and
brothers and sisters,whether they are full- orhalf-siblings, do not
get anything.
With regard to your wife, she does not inherit from you because she is
a non-Muslim; a non-Muslim cannot inherit from a Muslim and a Muslim
cannot inherit from a non-Muslim.
See the answer to question no. 26171
With regard to your brothers and sisters, none of them inherits
because the father is present.
Allah, may He be exalted,says (interpretation of the meaning):
"if no children, and the parents are the (only) heirs, the mother has
a third; if the deceased leftbrothers or (sisters), the mother has a
sixth. (The distribution in all cases is) after the payment of
legacies he may have bequeathed or debts"
[an-Nisa' 4:11].
Ibn Katheer (may Allah have mercy on him) said:
The third scenario with regard to parents is if parents are present
along with siblings, whether they are from both parents or from
thefather or from the mother. They do not inherit anything if the
father is present, but despite that they changethe share of the mother
from one third to one sixth. So if there are siblings, her share is
changed to one sixth. If there is no heir apart from her and the
father, the father gets the remainder (of the estate).
End quote from Tafseer Ibn Katheer, 2/199
Abu'l-Qaasim al-Khuraqi (may Allah have mercy on him) said: The
brother and sister, whether they are full siblings or through the
father only, do not inherit if there is a son or if there is a son's
son (grandson), no matter how far the line of descent extends, or if
there is a father.
Ibn Qudaamah (may Allah have mercy on him) said: The scholars are
unanimously agreed on this, praise be to Allah. That was mentioned by
Ibn al-Mundhir and others.
End quote from al-Mughni, 6/163
Based on that, the mother inherits one sixth and all the rest goes to
the father; none of the siblings or the wife inherits anything.
The siblings in this case block others and are blocked. They block the
mother in the sense that they reduce her share from one third to one
sixth, and they are blocked by the presence of the father, because
heis closer to the deceased than them. The Prophet (blessings and
peace of Allah be upon him) said: "Give the shares of inheritance to
those who are entitled to them, and whatever is left goes to the
closest male relative."
Narrated by al-Bukhaari,6732; Muslim, 1615
But you should understand that you have the right to bequeath part of
your wealth to those who willnot inherit from you, up to a limit of
one third of what you leave behind. So if your wife will not inherit
from you because she is Christian, and your siblings will not inherit
from you, because they are blocked, then if you wish you may bequeath
some of your wealth to whomever you want of these people, either to
all of them or some of them, so long as what you bequeath is not more
than one third of the entire estate that you leave behind. And if you
do not make a bequest, there is no sin on you; if you make a bequest
to some of themand not others, there is no sin on you either.
You have to honour yourfather and mother and treat them kindly, and
uphold ties with all of your siblings, males and females, full
siblings and otherwise, because that is what Allah has enjoined upon
you.
And Allah knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Dought & Clear, - Can she masturbate if her husband cannot satisfy her desire?.

Thank u for ur answer, but unfortunately it did not answer my
question.The thing is, that we have tried every possibleway there is
to satisfy me, we have talked alot about it, we read a whole lot about
it, but still havent been successful. Now my husband has said that
hewants me to masturbate after we have had intercourse, so that i
alsoget satisfied, because he is not able to do so in any which way.
But my question to u is: Am I allowed to masturbate after we have had
intercourse if my husband cannot satisfy me with any method at all? I
have my husbands permission. The only thing I need to know, is that if
it is allowed in Islam to do soif the husband is not able to satisfy
his wife atall?
I hope you will be able to help me, as this has started to effect our
marriage life.
Hello
I have been married for 3 years now and love myhusband very much. our
problem is that my husband cannot satisfy me sexually at all, not with
hand or anything else. We have tried all methods but it just doesnt
work. This has become a big issue in our marriage, and makes me wants
to masturbate as i dont get satisfied at all. My question to you is:
is it allowed for me to masturbate in order to satisfy myself to stay
happy in my marriage if nothing else is working?
Praise be to Allah.
Firstly:
The basic principle is that masturbation is haraam. Please see the
answer to question no. 329
That is only permitted if a person fears that he may end up committing
zina; no doubt the prohibition on zina is more emphatic, and it is
more abhorrent and reprehensible. Hence it is permissible to commit
the lesser of two evils so as to ward off the greater.
Ar-Ruhaybaani (may Allah have mercy on him) said: If a person, man or
woman, masturbates with no need to do so, that action is haraam and he
should be given a disciplinary punishment for it, because it is a sin.
But if he does it because he fears falling into zina or homosexuality,
or because he fears physical harm, then there is no punishment.
End quote from MataalibOoli an-Nuha Sharh Ghaayat al-Muntaha, 6/226
Al-Mirdaawi (may Allah have mercy on him) said:
We learn two things from this:
1. That masturbation isnot permissible except incases of necessity
2. The ruling for women on that matter isthe same as the ruling
for men, if a woman fears falling into zina.
This is the correct view, as stated in al-Furoo'.
End quote from al-Insaaf, 10/252
Secondly:
What the husband must do is give his wife her rights to kind
treatment.One of the most important matters to which he must pay
attention in that regard is keeping her chaste so that she will not
look at other men, and giving her her rights in matters of intimacy as
much as possible, even if that means using aphrodisiacs and paying
attention to nutrition.
If the husband reaches climax quickly, before his wife is satisfied,
thenhe has to try hard to stimulate her first, even if that is with
his hand or body, and not start to have intercourse until she is ready
for that, andthen she can reach climax through intercourse.
If the question is about masturbation with the hand, what difference
is there between the husband's hand or her own hand? Why can't hedo
that for her, and why should she do that herself?
What we think is that the husband should do that, and it is better if
it is before he has intercourse with her, then if she needs anything
else, he can stimulate her again afterhaving intercourse, so that her
needs will be met.
There is nothing wrong with him consulting a specialist doctor, if he
is suffering from any kind of problem.
And Allah knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Islamic Stories, - Don't abandon this jewel

'Umar (RA) became unconscious after he was stabbed, and according to
Al Miswar bin Makhramah, it was said: "Nothing would wake him up
except the call to prayer, if he is stillalive." They said to him,"The
prayer has finished,O Chief of the Faithful!" He woke up and said,"The
prayer, by Allah! Verily, there is no share in Islam for whoever
abandons the prayer." He performed the prayerwhile his wound was
bleeding. [Sifat as Safwah 2/131, As Siyar 5/220]
After ar-Rabi` bin Khaytham became partially paralyzed, he used to go
to the mosque helped by two men. He was told: "O AbuYazid! You have
been given permission to prayat home." He said, "You have said the
truth, but Iheard the caller hearld, 'Hayya `ala al-Falah (Come to
success)', and I thought that whoever hears this call should answer it
even by crawling." [Hilyat al Awliya 2/113]
O Muslims! Do not leave Salah. Do not lose the value of vowing down
infront of your Lord to tell Him that nothing is greater than You, oh
Allah! - - ▓███▓ Translator:-> http://translate.google.com/m/
▓███▓ - -

Islamic Stories, - What do you love the most?

Ibne Umar (RA) used to buy sugar (made from dates) and distribute it
among the poor. His servant once submitted that it would be better
ifbread were given to the poor instead of sugar, asthey would benefit
morefrom it. He agreed with the suggestion but said that Allah Ta'ala
has said:You will never attain piety unless you spend of that which
you love.(Al-Imran:92). Since,he himself loved sugar most, he gave the
same to the poor. Source:"Fadhail-E-Sadaqaa Part I", translated by
Prof. Abdul Karim.
Subhan-Allah! How beautifully they would give away what they love the
most, so that they may fulfill one of the commandments of Allah. May
Allah also giveus these great qualities. Ameen. - - ▓███▓
Translator:-> http://translate.google.com/m/ ▓███▓ - -