Forced marriages

May a father force his virgin daughter who attained puberty to marry?
Two well-known opinions in this regard are reported from Imaam Ahmad:
1.That he may compel her to. This is also the opinion of Maalik,
Ash-Shaafi`ee, and others.
2- That he may not. This is the opinion of Abu Haneefahandothers, and
is the correct one.
People have differed concerning the reason permitting the compulsion:
whether it is virginity, the daughter being under-aged, or a
combination of both. The correct opinion is that it is due to her
being under-aged,whereas no one can compel a grown-up virgin in
marriage. AbuHurayrahreported that the Prophetsaid:"A non-virgin woman
may not be married without her command, and a virgin may not be
married without her permission; and enough permission for her is to
remain silent (because of her natural shyness)."[Al-Bukhaari, Muslim &
Others]
Thus, the Prophetprohibited forcing a virgin in marriage without her
permission, whetherby her father or anyone else. Furthermore,
`Aa'ishahrelated that she once asked the Prophet: "In the case of a
young girl whose parents marry her off, should her permission be
sought or not?" Hereplied:"Yes, she must give her permission."She then
said: "But avirgin would be shy, O Messenger of Allaah!"
Hereplied:"Her silence is [considered as] her
permission."[Al-Bukhaari, Muslim, & Others]
This applies to the father as well as others. Furthermore, Islam does
not give the father the rightto use any of his daughter's wealth
without her permission, how then could he be allowed to decide,
without her permission, how her body (which is more important than her
wealth) is to be used, especially when she disagrees with that and is
mature enough to decide for herself?
Also, there is evidence and consensus in Islam to restrict an underage
person's free control ofhis wealth or person. However, tomake
virginity a reason for the restriction contradicts that Islamic
principle.
As for the difference between thenon-virgin and virgin in the Hadeeth
(narration) of the Prophetit is not a distinction between compulsion
and non-compulsion; the difference between the two cases is that:
(a)The non-virgin gives her instructions for the marriage whereas the
virgin gives permission, and that
(b)The virgin's silence counts as permission. The reason for this is
that a virgin would be shy to discuss the matter of marriage, so she
is not proposed to directly; rather, her Wali (legal guardian) is
approached, he takesher permission, and then she gives him the
permission, not thecommand to marry her.
As for a non-virgin, she would not have the shyness of a virgin
anymore; thus she can discuss the matter of her marriage. She can be
proposed to, and she gives the command to her Wali to perform the
marriage, and he must obey her.
Thus, the Wali is command-executor in the case of the non-virgin, and
is permission-seeker in the case of the virgin. This is what the words
of the Prophet sallallaahu' alayhi wa sallam indicate.
As for compelling her to marry against her will, this would contradict
Islamic Law. Allaah, the Exalted, did not permit a Walito force her to
sell or render her property without her permission.Nor did He permit
him to force her to eat or drink or wear that which she does not wish.
How could he (the Wali) then oblige her to accompany and copulate with
a person whose company she hates - at the time when Allaah has
inseminated love and mercy between the two spouses?If such company
happens, despite her hatred and repulsion,where is the love and mercy?
Source: 'Al-Masaa'il Al-Maardeeniyyah' by: Imaam Ibn Taymiyyah

Dought & clear - Why are there two adhaans for Jumu‘ah?.

Why are there two adhaans for Jumu'ah, although when the Prophet
(blessings and peace of Allah be upon him) ascended the minbar only
one adhaanwas given in his presence?
Praise be to Allah.
Praise be to Allah and blessings and peace of Allah be upon the
Messenger of Allah and upon his family and companions and those who
follow his guidance. To proceed:
Yes, it is as the questioner says. At the time of the Prophet
(blessings and peace of Allah be upon him), there was one adhaan, with
the iqaamah. Whenthe Prophet (blessings and peace of Allah be upon
him) came out to deliver the khutbah and lead the prayer, the
mu'adhdhin gave the adhaan, then the Prophet (blessings and peace of
Allah be upon him) delivered the two khutbahs, then the iqaamah would
be given. This is what is known and this is what is narrated in the
books of Sunnah, as the questioner says, and it is something
well-known to people of knowledge and faith.
But then the people's numbers in Madinah increased at the time of the
Rightly Guided Caliph'Uthmaan ibn 'Affaan (may Allah be pleased with
him), so he decidedto add the third adhaan. It is called the first
adhaan, and is given to alert the people to the fact that this day is
Friday, so that they may prepare themselves and hasten to the prayer
before the regular adhaan that is given after the sun has passed the
meridian. The Sahaabah followed him in that at his time, such as 'Ali
(may Allah be pleased with him), 'Abd ar-Rahmaan ibn 'Awf, one of the
ten (who were promised Paradise), az-Zubayr ibn al-'Awwaam, who was
also one of the ten, Talhah ibn 'Ubaydullah, and other senior
Sahaabah. And this is how the Muslims started to do it in most
regions, following the action of the Rightly Guided Caliph, 'Uthmaan
ibn 'Affaan (may Allah be pleased with him); he was followed in that
by the Rightly Guided Caliph'Ali (may Allah be pleased with him) and
the rest of the Sahaabah.
The point is that this happened during the caliphate of 'Uthmaan and
subsequently, and it has remained the practice of most of the Muslims
throughout the regions and throughout the centuries until the present
day, following the precedent that was set by 'Uthmaan (may Allah be
pleased with him), on the basis of his ijtihaad and sincerity towards
the Muslims. And there is nothing wrong with that, because the
Messenger (blessings and peace of Allah be upon him) said: "I urge you
to adhere to my Sunnah and the way of the Rightly Guided Caliphs; hold
fast to it." He ('Uthmaan) was one of the Rightly Guided Caliphs, and
the interest served by that is quite clear. Hence this was adopted by
Ahl as-Sunnah wa'l-Jamaa'ah, and they did not see anything wrong with
it, because itwas part of the practice of the Rightly Guided Caliphs
'Uthmaan and 'Aliand those of the Sahaabah who were present at that
time (may Allah be pleased with them all). End quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him)
Fataawa Noor 'ala ad-Darb, 2/1038

Dought & clear - Ruling on lifting the gaze to heaven when offering supplication (du‘aa’) following the prayer.

What is the ruling on looking to the sky whenoffering supplication
(du'aa') following the obligatory prayer?
Praise be to Allah.
Du'aa' after the obligatory prayer, if it is always done raising the
hands, or is recited by everyone in unison, or the imam says du'aa'
and the people behind him say Ameen, is something for which there is
no basis, and it comes under the heading of innovations (bid'ah) that
are widespread nowadays. If it is free of these things, then there is
nothing wrong with it, because it is proven that the Prophet
(blessings and peace of Allah be upon him) offered du'aa' before the
salaamat the end of the prayer and after it.
The scholars of the Standing Committee for Issuing Fatwas were asked:
Is offering du'aa' after the obligatory prayer Sunnah? Should the
du'aa' be accompanied by raising the hands? Is raising the hands with
the imam better, or not?
They replied:
Du'aa' after the obligatory prayer is not Sunnah if that is done
raising the hands, whether that is done by the imam on his own, or the
individual worshipper on his own, or by both of them. Rather it is an
innovation (bid'ah), because that is not reported from the Prophet
(blessings and peace of Allah be upon him) or from any of his
Companions (may Allah be pleased with them). As for offering du'aa'
without that, there is nothing wrong with it, because there are some
hadeeths that speak of that. End quote.
Fataawa al-Lajnah ad-Daa'imah (7/103)
They also said: Saying du'aa' out loud following the five daily
prayers and the regular Sunnah prayers, or offering du'aa' in a
communal fashion on a regular basis is a reprehensible innovation,
because no such thing is proven in reports from the Prophet(blessings
and peace of Allah be upon him) or from his Companions (may Allah be
pleased with them).
End quote from Fataawa Islamiyyah (1/319).
See also the answer to question no. 26279
Secondly:
Concerning the prohibition on the worshipper lifting his gaze to
heaven, there is the report that was narrated by al-Bukhaari (750)
from Anas ibn Maalik (may Allah be pleased with him), who said: The
Prophet (blessings and peace of Allah be upon him) said: "What is the
matter withpeople who lift their gaze to heaven whilst praying?" And
he spoke sternly concerning that, until he said: "They should stop
that, or else their eyesight will be snatched away"
The reason for that is that lifting the gaze whilst praying is
contrary to proper focus (khushoo'), and it exposes the worshipper to
the risk of being distracted by what he sees.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him)
said:Because lifting the gaze to heaven is contrary to proper focus
(khushoo'),the Prophet (blessings and peace of Allah be upon him)
stated that it is haraam and warned against it.
End quote from al-Qawaa'id an-Nooraaniyyah, p. 46
Shaykh Ibn 'Uthaymeen (may Allah have mercy upon him) said: The words
"and lifting his gaze to heaven" mean it is makrooh (disliked) to lift
one's gaze to heaven whilst praying, whether that is when one is
reciting, or when one is bowing, or when one is rising from bowing, or
at any stage in the prayer, based on both evidence and reasoning.With
regard to the evidence, that is becausethe Prophet (blessings and
peace of Allah be upon him) said: "People should stop lifting their
gaze to heaven whilst praying, or else their eyesight will be snatched
away." In otherwords, either they should stop or this punishment will
be inflicted on them, which is that their eyesight willbe snatched
away, and will not be given back tothem. The Prophet (blessings and
peace of Allah be upon him) spoke sternly concerningthis matter. …
With regard to reasoning, that is because this reflects bad etiquette
towards Allah, may He beexalted, because the worshipper is standing
before Allah, so he should observe proper etiquette before Him, and
not lift his head; rather he should be humble. Hence 'Amr ibn al-'Aas
(may Allah be pleased with him) said that before he became Muslim, he
hated the Prophet (blessings and peace of Allah be upon him) so much
that he wished that he could be able to kill him. But when he became
Muslim, he said: I could not look directly at him, out of awe and
respect for him, and if you askedme to describe him I would not be
able to.
Hence the most correct (scholarly) view concerning lifting the gaze to
heaven whilst praying is that it is haraam, and not merely makrooh.
End quote.
Ash-Sharh al-Mumti' (3/226).
With regard to lifting the gaze to heaven outside of prayer, there is
nothing wrong with it,because there is no evidence to suggest that it
is not allowed; rather some of the fuqaha' were of the view that
lifting the gaze is preferable.
It says in al-Mawsoo'ah al-Fiqhiyyah (8/99): The Shaafa'is stated that
when offering du'aa' (supplication) outside of prayer, it is
preferable tolift the gaze to heaven. However, al-Ghazaali said: The
one who is offering supplication should not lift his gaze to heaven.
End quote.
An-Nawawi (may Allah have mercy on him) said in Sharh Muslim: al-Qaadi
'Iyaad said: They (the scholars) differed as to whether it is makrooh
to lift the gaze to heaven when offering du'aa' other than during the
prayer. Shurayh and others regarded it as makrooh, but the majority
regarded it as permissible. End quote.
Shaykh al-Islam Ibn Taymiyah said: It is not makrooh to lift the gaze
to heaven when offeringdu'aa', because the Prophet (blessings and
peace of Allah be upon him) did that. This is the view of Maalik and
ash-Shaafa'i. But it is notmustahabb. End quote.
Al-Fataawa al-Kubra (5/338)
Al-Bukhaari (may Allah have mercy on him) included a chapter in
hisSaheeh entitled: Chapter on lifting the gaze to heaven, and he
quoted the verse in which Allah, may He be exalted, says
(interpretation of the meaning): "Do they not look at the camels, how
they are created? And at the heaven, how it is raised?" [al-Ghaashiyah
88: 17, 18]. And 'Aa'ishah(may Allah be pleased with her) said: The
Prophet (blessings and peace of Allah be upon him) lifted his head
(andlooked) to heaven, i.e., when he died (blessings and peace of
Allah be upon him).
What al-Bukhaari (may Allah have mercy on him) meant here was to show
that it is permissible to lift the gaze to heaven, and thatthe
prohibition applies only to when one is praying. The fact that it is
permissible to lift the gaze to heaven when offering du'aa' outside of
prayer is indicated by the report was narrated by Muslim (2055) about
al-Miqdaad (may Allah be pleased with him) who drank the drink of the
Prophet (blessings and peace of Allah be upon him) without his
knowledge. In this report it says: then he went to the mosque and
prayed. Then he came tohis drink and uncovered it, and he did not find
anything in it. He lookedup at the sky and I said: Now he is praying
against me and I am doomed. But he said: "O Allah, feed those who have
fed me and give drink to those who have given me to drink."
Abu Dawood (3488) narrated that Ibn 'Abbaas (may Allah be pleased with
him) said: I saw the Messenger of Allah (blessings and peace of Allah
be upon him) sitting by the Corner. He looked up at the sky and
smiled, then he said: "May Allaah curse the Jews" three times.
"Allaah, may He beexalted, forbade fat to them, but they sold it and
consumed its price. When Allaah forbids a people to eat a thing He
forbids its price to them."
Classed as saheeh by an-Nawawi in al-Majmoo', and by al-Albaani in
Saheeh Abi Dawood.
To sum up: lifting the gaze to heaven when offering du'aa' outside of
prayer is permissible and there is nothing wrong with it.
And Allah knows best.

Dought & clear - Pilgrim doing ‘umrah in Ramadan not fasting if he has come from far away.

If a family does 'Umrah in the month of Ramadan, is it permissible for
them notto fast during their stay in Makkah al-Mukarramah, or should
they stop eating as soon as they arrive in Makkah?.
Praise be to Allaah.
If the pilgrim doing 'Umrah in Ramadan comes from a far land such as
Najd or elsewhere, then he is a traveller and he may break the fast on
the road, whether he is coming from Riyadh or al-Qaseem or Haa'il or
Madeenah. He may break the fast on the road and in Makkah. But if he
has decided to stay for more than four days, then when he reaches
Makkah, to be on the safe side he should fast and it is better to
fast, because the majority of scholars are of the view that if he has
made a firm decision to stay for more than four days, then he must
offer the prayers in full and not break the fast.
But if he has decided to stay for two or three or four days and no
more, then he may break the fast or he may fast, he may shorten the
four-rak'ah prayers to two rak'ahs, or he may offer the prayers in
full with the people. If he is alone, he should pray with the
congregation, but if there are other people with him, he has the
choice: if he wishes he may pray two rak'ahswith the people who
arewith him, or if they wish they may pray four rak'ahs with the
people in congregation. If their stay is more than four days, then
they should fast and offer the prayers in full, accordingto the
majority of scholars. End quote.
Shaykh 'Abd al-'Azeez ibn Baaz (may Allah havemercy on him).
Fataawa Noor 'ala al-Darb, 3/1231