Fathwa, - Married couple may live with strangers provided Sharee'ah rules are observed

Question
q1: is it allow for marriage couple in islam to live with someone in
their house, who were not relatives of either couple? q2: who is wali
in marraige? q3: what is the ruling regarding to the ownership of
properties ,such as cash, house any of such kind, and if the wife give
her any of such ,should he take and enjoy even her dawry. thank you
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
We will answer these questions in the following points:
Firstly, there is nothing wrong if the married couple live in the
house of relatives or strangers, provided that this does not cause any
religious violations like prohibitedmixing of men and women, or
entering upon non-Mahram women while there is no Marhram men, or
womentaking off Hijaab or exposing adornment in the presence of
non-Mahram men and the like.
Secondly, we have previously explained the order of the woman's
guardians in marriage in Fatwa 83338 , so kindly refer to it.
Thirdly, each of the spouses has his/her independent financial
liability and whoever gives up of what he/she has willingly while
he/she is healthy and hasa sound mind, then the other can benefit from
it.This includes the Mahr if the wife waived a part orall of it to her
husband. Allaah The Almighty says (what means): { And give the women
[upon marriage] their [bridal] gifts graciously. But if they give up
willingly to you anything of it, then take it in satisfaction andease.
} [Quran 4:4]
Also, it was narrated that the Prophet , said: " It is not permissible
to take the property of a Muslim except with his consent... " [Ahmad]
For more benefit, kindly refer to Fataawa 162471 and 92134 , which
clarify that the wife has an independent financial liability.
Allaah Knows best.

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Innovation in Religion - II

The Righteous Predecessors Warned Against Religious Innovation
Maalik said, "A person who introduces a religious innovation in Islam
and thinks that it is good, is as if he is claiming that Muhammad
betrayed his message. This is because Allaah The Almighty Says (what
means): } This day I have perfected for you your religion. { [Quran
5:3] Therefore, any act that was not originally part ofthe religion
will not be assuch today."
Imaam Ash-Shaafi'i said, " Approving [of an innovated act] is like
legislating [an innovated act]."
'Umar was reported tohave said, "Every religious innovation is
misguidance even if people see it as good."
Ibn Mas'ood said, "Follow the way of the Prophet , , and do not
innovate, for what is revealed is enough for you. Always adhere to the
old practices."
Therefore, it is upon the person who introduces any new matter in the
creed or acts of worship to provide the text and the evidence for
doing so, because doing such an act must be supportedby evidence from
the Sunnah . Similarly, we have to follow the Sunnah in not performing
certain acts that are not part of the Sunnah even though theyare
called for and were not hindered by any circumstances at the timeof
prophethood. Examples of acts that were not included in the Sunnah
are: the Athaan before the Salaah of both Eeds ; reciting the Quran
for the dead; and recitingthe Quran loudly before Salaat - ul ' Asr
and before the Friday congregational Salaahs . It is from the Sunnah
to not do these acts. It was the knowledge and insight of our
righteous predecessors that prevented them from doing these acts.
Al-Hasan said , "Peoplein the past were doomed when they followed
different paths and swerved from the right path. They left the
reported traditions and spoke of the religion according to their own
views. Hence, they went astray and led others astray." He also said,
"By Allaah, the only One worthy of worship, the Sunnah is between the
two extremes. Thus, be patient with it, may Allaah have mercy upon
you. The followers of the Sunnah were thefewest in the past and they
are the fewest among the remaining people. They did not indulge
themselves like some others did, and they were not innovators in
religion like some others were. They remained patient while adhering
to the Sunnah until they met their Lord, so be on the same course –
Allaah willing." He also said, "Allaah does not accept the fasting,
Salaah, Hajj or 'Umrah from the innovator in religion until he gives
up his innovation." He added, "The more acts of worship the innovator
in religion performs, the farther he goes from Allaah The Almighty."
He also said, "Do not sit with an innovator in religion, for he will
cause disease in your heart."
Hassaan ibn 'Attiyyah said, "No people introduce an innovation in
their religion but Allaah The Almighty makes them stop doing one of
the acts of the Sunnah, and does not let them do it until the Day of
Resurrection."
The teachings of the Sunnah are enough for people. Instead of
innovating in religion, letanyone who wants people to do good direct
himself to the guidance of the Prophet, , learn the teachings of the
Sharee'ah and its rituals, and revive the acts of Sunnah that have
been forgotten. There is no contradiction between growing beards or
shortening clothes and boarding planes. Similarly, wearing the Islamic
dress for women does not contradict development of this worldly life.
We are in dire need of creating a civilization based on the
methodology of the Prophet, . We need to achieve development, and this
should be accompanied by adherence to the teachings of the Quran and
Sunnah and avoidinginnovation in religion.
It is worth mentioning that Satan is pleased withinnovation in
religion more than he is pleased with sins. It is a calamity for a
person to be an innovator in religion, because his acts of worship are
not acceptedby Allaah The Almighty. Whoever supports an innovator is
helping to destroy Islam, and whoever marries his daughter off to him
is violating the rights of kinship. A person does not draw nearer to
AllaahThe Almighty except through conformity to the teachings of His
Prophet, .
Anyone who wishes to beclose to Allaah The Almighty via a course other
than imitating the Prophet, , will go astray while thinking that he is
guided. Moreover, all the ways to Allaah The Almighty are blocked
except the way of Muhammad, . Therefore, follow his guidance, no
matter howfew its followers may be. Avoid the ways of misguidance and
do not be allured by the great number of those who aredoomed. - -
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Innovation in Religion - I

Innovation in religion signifies transgressing the texts of the
Sharee'ah in issuing rulings, non-observance of the teachings of the
Sunnah , following diverse opinions and whims and abandoning the
example of the Prophet, . Imaam Ash-Shaatibi defined innovation in
religion as a religious way that is invented in order to resemble a
Sharee'ah -based way; the purpose of such an invented way is to
overstate the manners of worship to Allaah The Almighty.
Sharee'ah Texts CondemnInnovation in Religion
Various texts of the Sharee'ah condemn innovation in religion and warn
against it. It was narrated on the authority of Jaabir that when the
Prophet, , would give a Khutbah (sermon), his eyes would turn red and
his voice would be loud. The Prophet, , would say: "Indeed, the best
speech is the Book of Allaah The Almighty, and the best guidance is
that of Muhammad, the most evil affairs are the originated ones, and
every innovation [in religion] is misguidance…" [Muslim]
In a Hadeeth narrated by Al-'Irbaadh ibn Saariyah the Prophet, , said:
"Those of you who outlive me will see enormous differences. You must
then follow my Sunnah and that of the rightly-guided caliphs. Abide by
it and hold on tight to it [as if] with your eyeteeth. Beware
ofinstigation [in religion], for every instigation is aninnovation,
and every innovation is misguidance." [Abu Daawood and At-Tirmithi -
Hasan Saheeh [
It was narrated on the authority of 'Aa'ishah that the Prophet, ,
said: "Whoever introduces an innovationinto this religion, will have
it rejected." [Al-Bukhaari and Muslim]
Innovation in Religion is Misguidance that ThwartsActs of Worship
Introducing an innovation in religion is misguidance and makes one's
acts of worship worthless. This applies to the originator of the
innovation as well as anyone who follows that innovation. The Prophet,
, said: "Whoever introduces an innovationto this religion, will have
it rejected." An innovator in religion actually thinksthat he is doing
a good deed, which makes it very unlikely that he would repent for
doing it. In this respect, an innovator in religion is different from
a non-observant Muslim. It was narrated on the authority of Anas that
the Prophet, , said: "Allaah withholds repentance from every
instigator of an innovation in the religion." [Al-Munthiri and
At-Tabaraani, Al-Albaani - Hasan [
The most dangerous religious innovations are the ones pertaining to
creed, such as the Khawaarij's (an early Islamic sect) belief that a
person who commits a major sin thereby becomes a disbeliever;
figurative interpretation of the Names and Attributes of Allaah The
Almighty (such as interpreting the Istiwaa' (rising) of Allaah to
meandominion, His Descent to mean His sending down of commands, His
Hand tomean power and so on); believing that some people are exempted
from religious obligations; believing in pantheism or incarnation,
dedicating acts of worship to the dead; giving precedenceto 'logic'
over textual proofs; believing in the infallibility of Imaams ; and
cursing the Companions and calling them unbelievers. Innovators are
referred to as "the people of innovation" or "the people of whims".
A Malicious Allegation Rebutted
Any saying or action that does not coincide with the teachings of the
Prophet, , is considered to be an innovation in religion and
misguidance. However, there are thosewho maintain that some
innovations in religion are good. They justify their claim by what
'Umaribn Al-Khattaab said when he made Ubayy ibnKa'b lead the people
in congregational Salaat Taraaweeh during Ramadhaan . 'Umar said, "How
good this innovation is!"
We refute this claim frommany angles. For instance, the Prophet, ,
performed this Salaah with men and women fora few nights, but he
stopped performing it in congregation because hefeared that it might
become obligatory on them. After the Prophet, , died and revelation
stopped, 'Umar noticed that some peoplewould perform this Salaah
individually while others performed it in groups. At this point, 'Umar
gathered them to perform it behind Ubayy ibn Ka'b and said the phrase
stated above. Moreover, 'Umar was one of the rightly-guidedcaliphs
whom the Prophet, , ordered us to follow. The Prophet, said: "Follow
my Sunnah and that of the rightly-guided caliphs."
If the word "innovation" or its equivalents are used in contexts other
than the Islamic one, then in this case, it may be praiseworthy.
Allaah The Almighty Says (what means): } Say, "I am not something
original among the messengers." { [Quran 46:9] Allaah The Almighty is
telling Prophet Muhammad, sallallaahu 'alayhi was sallam , to say here
that he was not the first messenger, and that messengers were sent
before him. In another verse, Allaah The Almighty Says (what means): }
And monasticism, which they innovated; We did not prescribe it for
them. { [Quran 57:27] This means that Christians themselvesoriginated
monasticism. Christians chose to endure the hardships of abstaining
from food, drink and marriage and being attached to caves and
hermitages, as a reaction to their kings who altered the teachings of
their religion. Only a few Christians remained steadfast and became
monks. This concept of monasticism does not exist in Islam. In fact,
Jihaad is the monasticism of the Muslim Ummah (Nation).
Extremism Versus Negligence
Some Muslims go to extremes regarding religious innovation. They do
not distinguish between innovation in religion and innovation in the
worldly aspects of life. A group of Muslims has preferred to adhere to
the inherited ways of life that it has been bequeathed, although they
only pertain to worldly matters. As a result, while other nations have
attained progress in worldly matters, this group remains reliant on
other nations for what they invent and manufacture.
On the other hand, another group of Muslimshas not differentiated
between forbidden innovation in acts of worship and permitted
innovation in aspects of this worldly life; they went to the other
extreme, so that they innovated in the religion what Allaah The
Almightyhas not permitted. They did this under the pretextof
urbanization and achieving development.
Concepts become confused, yet it was necessary that each group is
aware of its due right. It should be knownthat in principle,
innovation is forbidden in all acts of worship and such matters are
restricted to those that have a basis in authentic texts. However, in
principle, innovation thatleads to progress in this worldly life is
permissible, although it must conform to the rulesof Sharee'ah .
Transactions are basicallypermissible once its relevant criteria are
considered. This means that it is not against the teachings of Islam
to manufacture planes, drive cars and build hospitals, orphanages and
schools. The permissibility or impermissibility of any worldly
activity is determined on the basis of the purpose and manner of
usage. If the purpose and manner of usage is for a good cause, the
activity is permissible; and if they are used for an evil purpose the
activity is impermissible. Acts of worship such as prayers,
dutifulness to parents and wearing Hijaab , however, should be
performed without increase or decrease, whether we live in the first
century or the hundredth century.
This blessed religion is characterized by its susceptibility to
development, on the condition that the teachings of the religion are
not altered. Allaah The Almighty Says (what means): } It is not for me
to change it on my own accord. I only follow what is revealed to me. {
[Quran 10:15] For this reason, we say that innovation in religion is
condemned and is absolute misguidance. This ruling applies to both
real innovations and additional innovations (the innovations which
combine a Sharee'ah -based act and an originated act. For instance,
the prayer for the Prophet, , after the Athaan (call to prayer) in a
loud voice; celebrating the beginning of a new Hijri year; and
celebrating the occasion of Al-Israa' and Mi'raaj .) Some claim that
additional innovations should not be condemned, however, this is
incorrect. They must be condemned because the prohibition of
innovation in religion is general. - - ▓███▓ Translator:->
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The call to prayer ('Athan and 'Iqamah)

In Arabic, the word 'Athaan' is to call or to inform. Religionsly, it
is a call made to inform people thatthe time of the prayer has
begun.It is obligatory for the congregation in the mosque while for
individuals praying alone at home, for example, it is a highly
preferred act. It begins by proclaiming the greatness andoneness of
Allaah and the denial of disbelief and polytheism, testifying to the
messengership of Muhammad and then calling to a prosperity which is
everlasting, pointing to the return to Allaah.
The 'Iqaamah' is the second and final Call to Prayer and is uttered
immediately before the beginning of the obligatory prayer indicating
that it is actually time to perform the prayer.
Its Story
The 'Athaan' was made part of 'sharee'ah' (Islamic jurisprudence)
during the first year of the Muslims' migration to Madeenah. Before
its legislation, Muslims used to agree about fixed times for
congregational prayers. Even still, they sometimes found it difficult
to remember the exact timings.
One day, The Messenger of Allaah and the Muslims discussed the matter
of calling the people to prayer at the exact time. Somesuggested the
use of a bell like the Christians, others suggested the use of a horn
like the Jews, but 'Umar suggested sendingsomeone to announce the
prayer.
Then Allaah's Messenger agreed to use a bell, but he was not happy to
use it because of its similarity with the Christians.
After the Prophet had ordered a bell to be made so thatit could be
struck to gather the people to Prayer, a companion, Abdullaah Ibn Zayd
Ibn Abd Rabbih said: "I was sleeping when I saw a man carrying a bell
in his hands, and I said: "Slave of Allaah, will you sell this to me?"
When he asked what I would do with it? I replied that we would use it
to call the people to Prayer.He said: "Shall I not guide you to
something better than that?" I replied: "Certainly," he told me tosay
the 'Athaan' (and he told me its wording).
When I told Allaah's Messenger in the morning what I had seen, he
said: "It is a true vision, 'Inshaa'Allaah', so get up along with
Bilaal, and when you have taught him what you have seen, let him use
it in making thecall to Prayer, for he has a stronger voice than you."
So, I got up along with Bilaal and began to teach it to him, and he
used it in making the call to Prayer.
'Umar Ibn Al-Khattaab heard this when he was in his house, and came
out trailing his cloak and said: "Allaah's Messenger, by Him Who has
sent you with the truth, I have seen the same thing (during sleep) as
has been said." To this Allaah's Messenger replied: 'Praise be to
Allaah!'" [Ahmad, At-Tirmithi]
Its Excellence and virtues
Many Prophetic narrations describe the virtues of the 'Athaan' and the
one who calls it.The Prophet said: " If the people knew what was in
the 'Athaan' (of virtues and rewards) and the first row (i.e. the
first linein congregational prayer), and that they could not get it
except by drawing lots, they would drawlots…" [Al-Bukhaari]
The Prophet also said: "Your Lord, the Exalted, says: "Look at my
slave there who makes the call to Prayer and establishes the Prayer
out of fear of Me. I have forgiven My slave and have allowed him to
enter Paradise." [Ahmad, Abu Daawood and An-Nasaa'i]
The Text of the 'Athaan and 'Iqaamah
The text of the 'Athaan':
Allaahu akbar, Allaahu akbar,
Allaahu akbar, Allaahu akbar.
Ashhadu allaa ilaaha illallaah,
Ashhadu allaa ilaaha illallaah.
Ashhadu anna Muhammadar-rasoolullaah,
Ashhadu anna Muhammadar-rasoolullaah.
Hayya 'alas-salaah,
Hayya 'alas-salaah.
Hayya 'alal-falaah,
Hayya 'alal-falaah.
Allaahu akbar, Allaahu akbar.
La ilaaha illallaaah.
(Allaah is the greatest, Allaah is the greatest.
Allaah is the greatest, Allaah is the greatest.
I bear witness that there is no deity (worthy of worship) but Allaah.
I bear witness that there is no deity (worthy of worship) but Allaah.
I bear witness that Muhammad isAllaah's Messenger.
I bear witness that Muhammad isAllaah's Messenger.
Come to the prayer, Come to the prayer.
Come to prosperity, Come to prosperity.
Allaah is the greatest, Allaah is the greatest.
There is no deity (worthy of worship) but Allaah.)
The text of 'Iqaamah':
Allaahu akbar, Allaahu akbar,
Ashhadu allaa ilaaha illallaah,
Ashhadu anna Muhammadar-rasoolullaah,
Hayya 'alas-salaah,
Hayya 'alal-falaah,
Qad qaamatis-salaah, qad qaamatis-salaah
Allaahu akbar, Allaahu akbar.
La ilaaha illallaah.
(Allaah is the greatest, Allaah is the greatest.
I bear witness that there is no deity (worthy of worship) but Allaah
I bear witness that Muhammad isAllaah's Messenger.
Come to the prayer, come to prosperity.
Prayer is to begin, prayer is to begin.
Allaah is the greatest, Allaah is the greatest.
There is no deity (worthy of worship) but Allaah.)
As for At-Tathweeb (Saying "Prayer is better than sleep"), it ispart
of the morning 'Athaan' to say twice, 'as-salaatu khayrun minan-nawm
(prayer is better than sleep) after Hayya 'alal-falaah, Hayya
'alal-falaah.
What the Listener says during 'Athaan' and ' Iqaamah
It is preferred that whoever is listening to the 'Athaan' should
repeat it with the caller saying his exact words, except for the two
"hayya 'alas-salaah, hayya 'alal-falaah" phrases, after which he
should say instead "laa hawla wa laa quwwata illaa billaah" (there is
no power or might save with Allaah.)
Everyone who hears the call can repeat it, whether clean or unclean,
in a state of post-sexual uncleanliness or menstruating and so on, as
it is a remembrance(Thikr). Those who can not do so are the ones who
are praying, who are relieving themselves, or are having sexual
intercourse.
As for the 'Iqaamah', it is preferred that the one who hearsit repeats
the words, except "qadqaamatis-salaah."
Supplications after 'Athaan
The Prophet said: "Supplications (offered) in between the (two) calls
for prayer (i.e. Athaan and Iqaamah) will n e ver b e r e j e ct e d."
The companions said: "O Prophet of Allaah! What should w e say?" He
said: "Ask Allaah th e Almighty, to grant pardon (and good health) in
both this life and the her e after."
Allaah's Messenger said: "Any person who, on hearing the Athaan,
supplicates: "Allaahumma rabba haathihid-da'watit-taammati
was-salaatil-qaa'imati, aati Muhammadan al-waseelata wal-fadheelata
wab'ath-hu maqaaman mahmudanal-lathee wa'adtahu. ('O Allaah! Lord of
this complete prayer of ours. By the blessing of it, give Muhammad (
), his eternal rights of intercession, distinction and highest class
(in Paradise). And raise him to the promised rank You have promised
him,' then he will assured of my intercession on theDay of
Judgement.)" [Al-Bukhaari]

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