Fathwa, - When do Women Make Ghusl?

Question:
When and how is a woman napak (impure), and in need of Ghusl?
Answer:
Wa Alaykum Assalam wa Rahmatullah wa Barakatuhu,
In the Name of Allah, Most Merciful & Compassionate
�A purificatory bath is necessitated by:
a) sperm or female ejaculate that leaves its place of origin with
desire [f: whether actual or effective], even if it exits the body
without desire, even if without sexual intercourse;
b) the head of the penis entering either private part of a living
human being who is fit for sexual intercourse, even without any
release of sexual fluids��
c) The finding, on one�s clothes, of what looks like semen after
waking up from sleep or loss of consciousness.
d) Menses and post-natal bleeding (i.e. when they end)
[al-Hadiyya al-`Ala�iyya and Nur al-Idhah wa Najat al-Arwah ]
Wassalam,

Fathwa, - Can a woman have ''hayd'' while she is pregnant? (I mean that ifshe sees blood during her

Question:
Can a woman have ''hayd'' while she is pregnant? (I mean thatif she
sees blood during her pregnancy can she consider as Islamic hayd
although medically speaking it is abnormal bleeding?
Answer:
Walaikum assalam wa rahmatullah,
Any bleeding during pregnancy is considered irregular discharge
(istihada), and not menstrual (hayd). [Durr]
Wassalam,

Adoption in Islam

According to the Sharee'ah)Islamic law(, there is no legal adoption.
It is prohibited for a person to legally adopt a son or adaughter of
whom he is not the biological father. If a person adopts a son or
daughter, the Sharee'ah will not confer on the adopted person the
status or rights of a biological son or daughter. According to the
Quran, one cannot become a person's real son merely by virtueof a
declaration; Allaah Says)what means(:"...And He ]i.e., Allaah[ has not
made your claimed ]i.e., adopted[ sons your]true[ sons. That is
]merely[ your saying by your mouths, but Allaah says the truth, and He
guides to the ]right[ way. Call them ]i.e., the adopted children[ by
]the names of[ their fathers; it is more just in the sight of
Allaah.But if you do not know their fathers, they are your brothers in
religion…"]Quran 33: 4-5[
This shows that the declaration of adoption does not change realities,
alter facts, or make a stranger a relative, or an adoptedchild a son
or daughter. A mere verbal expression or figure of speech cannot make
the blood ofa man run through the veins of the adopted child, produce
natural feelings of affection found in normal parent-child
relationships, or transfer the genetic characteristics, or physical,
mental, or psychologicaltraits.
Justice is Respect for Others
The central notion of justice in the Sharee'ah is based on mutual
respect of one human being for another. The just society in Islam
means the society that secures and maintains respect for people and
their rights through various social arrangements that are in the
common interest and welfareof the general public. Islam viewsadoption
as a falsification of the natural order of society and reality. The
prohibition of legal adoption in Islam was ordained to protect the
rights of the adopted, adopter, biological parents, other individuals
affected by the adoption, and society as a whole.
Lineage and Legitimacy
The child is an extension of his father and the bearer of his
characteristics. He takes his nameand increases his progeny. Likewise,
the child in Islam also has the equally inalienable right to
legitimacy. The principle of legitimacy holds that every child shall
have a father and one fatheronly. This is why Allaah has ordained
marriage and has forbidden adultery, so that paternity may be
established without doubt or ambiguity and that the child may be
referred to his father, and the father to his sons and daughters.
Hence, adoption cannot be used in Islamto hide the illegitimacy or the
paternity of the child.
Inheritance
By adopting someone's child as one's own, the rightful and deserving
heirs to the property ofa man are deprived of their shares. Hence,
Islam has made it Haraam )forbidden( for a father to deprive his
natural children of inheritance. Allaah has established the
distribution of inheritance in order to give each eligible person his
or her share. In matters of inheritance, the Quran does not recognise
any claim except those based on relationship through blood and
marriage. The Quran stipulates)what means(:"And those who believed
after ]the initial emigration[ and emigrated and fought with you –
they are of you. But those of ]blood[ relationship are more entitled
]toinheritance[ in the decree of Allaah. Indeed, Allaah is knowing of
all things."]Quran 8:75[
Marital Relations
Taking a stranger into the family as one of its members and allowing
him to be in privacy with women who are non-mahram )i.e., non
marriageable relatives( to him is a deception, for the adopter's wife
is not the adopted son's realmother, nor is his daughter the boy's
sister, nor is his sister the boy's aunt, since all of them are
non-mahram to him and vice-versa for an adopted daughter. The Quran
has, thus, declared that only the wives of one's real sons, and not
the wives of any sons under one's care, are permanently forbidden in
marriage. This is according to the verse )which means(:"…The wives of
your sons who are from your ]own[ loins…"]Quran 4:23[
Accordingly, it is permissible for aman to marry the divorced wife of
any son under his care, since, in actuality, she has been the wife of
a 'stranger' who was not related by blood. Also, when the adopted
child's lineal identity or paternity is changed, it is quite possible
that the adopted child may, unknowingly, enter into incestuous
relationships by marrying close relatives of his natural parents;
also, his marital chances may, in general, become subject to
confusion.
Solidarity
If the adopted child were to receive a claim on the inheritanceof the
adopter, the real relatives may become rightfully angry feeling that
the adopted child hasreceived something that is not rightfully his,
depriving them of their full inheritance. This could lead to quarrels,
fights and the breaking of relations among relatives. Therefore,
adoption is not conducive to family solidarity and overall harmony and
peace, which are necessary for social stability.
Allowable Forms of 'Adoption' in Islam
Orphans:
This is a completely different form of adoption, which is not
prohibited by Islam - that is, when a man brings home an orphan and
wants to raise, educate, and treat him as his own child. In this case,
he protects, feeds, clothes, teaches, and loves the child as his own
without attributing the child to himself, nor does he give him or her
the rights which the Sharee'ah )Islamic Law( reserves for his natural
children. This is a meritorious and noteworthy act in Islam, and the
man who does it will be rewarded by being admitted toParadise. Prophet
Muhammadonce said:"I and the one who raises an orphan, will be like
these two inParadise)and he pointed his middle and index fingers("
There are also numerous Quranic verses that support the act of taking
care of orphans and enough cannot be said about how pleased Allaah is
with this noble and charitable act, see:]Quran: 2:220; 4:2; 4:6; 4:10;
4:127; 17:34[
Foundlings:
A foundling or abandoned child isalso regarded as an orphan, and one
may apply the term 'wayfarer' to him as well. In this case too, as in
that of orphans, the child's lineal identity must be unchanged and
parenthood to the natural parents should not bedenied. When the
parents of suchchildren are unknown, the children must be made
brethren in faith; See ]Quran: 33:4-5[, as cited at the beginning of
this article.
If a man is childless and wishes to benefit such a child )orphan
orfoundling( from his wealth, he may give him whatever he wants during
his lifetime.
Modern Forms of Adoption: Artificial Insemination
Islam safeguards lineage by prohibiting adultery and legal adoption.
In the same way it forbids artificial insemination if the donor of the
semen is other than the husband. Thus, Islam keeps the family line
clearly and unambiguously defined without any foreign element entering
intoit. That is why Muslim scholars unanimously consider artificial
insemination a despicable crime and a major great sin, to be
classified in the same category asadultery.
It is a more serious crime and detestable offence than adoption, for
the child born of such insemination incorporates in itself the result
of adoption - the introduction of an alien element into the lineage in
conjunction with the offence of adultery, which is abhorrent bothto
the divinely revealed laws and to upright human nature. By this action
the human being is degraded to the level of an animal, which has no
consciousness of the noble bondsof morality and lineage which exist
among the members of a human society.

Tayammum )dry ablution(

Definition
In Arabic, the word Tayammum literally means an 'aim' or 'purpose.' In
Islamic Law, it refersto: 'Aiming for or seeking soil to wipe one's
face and hands with the intention of purification and preparing
oneself to pray, and so on."
Proof of its Legitimacy
This act of ritual cleansing is proven by the Quran, Sunnah)prophetic
tradition( and Ijmaa')consensus of Muslim scholars(. The Quran says
)what means(:"…And if you are ill or on a journey or one of you comes
from the place of relieving himself or you have contacted women ]i.e.,
had sexual intercourse[ and find no water, then seek clean earth and
wipe over your faces and your hands]with it[. Indeed, Allaah is ever
Pardoning and Forgiving."]Quran 4:43[
From the Sunnah, we have the Hadeeth )prophetic statement( related by
Abu Umaamahin which the Prophetsaid: "All of the earth has been made a
pure place of prayer for me and my nation. Whenever a person from my
nation wants to pray, hehas something with which to purify himself,
that is, the earth."]Ahmad[
Finally, there is a consensus that Tayammum forms a legitimate part of
the Sharee'ah )Islamic Law(, as it replaces ablution with water or
Ghusl )ritual bathing(, under specific circumstances.
A Blessing from Allaah
This form of ablution is viewed asa blessing from Allaah to the
Muslims. Jaabirrelated that the Prophetsaid: "I have beengiven five
things that were not given to anyone before me: I havebeen made
victorious due to fear of a distance of one month's journey; the earth
has been madea place of prayer for me and a source of purification -
wherever and whenever any member of mynation wants to pray, he may
pray; and the war booty has beenmade lawful to me, and this was not
lawful to anyone before me. Ihave been given permission to intercede.
Prophets before me used to be sent to their own people only, but I
have been sent to all of mankind." ]Al-Bukhaari &Muslim[
When to Make Tayammum
One is permitted to make Tayammum in any of the following cases:
1- If one cannot find water or theamount one finds is insufficient for ablution
'Imraan Ibn Husaynsaid: "Wewere with the Messenger of Allaahduring a
journey. Whenhe led the people in prayer, one man stayed apart.
Heasked him: "What prevented you from praying?" He replied: 'I need a
ritual bath )because of having a wet dream( and there is no water.'
The Messengersaid: 'Use the soil, for it is sufficient)i.e.
Tayammum(.''' ]Al-Bukhaari &Muslim[
2- If one is injured or ill
If one is in this condition and thinks that using water will worsen it
)he does not have to beabsolutely sure, but may base his assumption on
past experience or what a knowledgeable person has told him(, he may
perform Tayammum.
Jaabirsaid, "We were on a journey and one of us was injured. Later, he
had a wet dream. He asked his companions,'Can I perform Tayammum?'
Theysaid, 'No, not if you have water.' He performed Ghusl, which
caused him to die. When news of this came to the Messenger of Allaahhe
said: "They killed him! May Allaah kill them! Do you not ask if you do
not know? The remedy for ignorance is to ask. He could have performed
Tayammum and not dropped water on his wound, or wrapped it with
something, then wiped over the wrapping, and then washed the rest of
his body.""
3- If water is cold enough to physically harm the user
Tayammum is allowed when water is available but is too cold and cannot
be heated, or there is no public bathroom available. 'Amr Ibn
Al-'Aasnarrated that he was once participating in a military
expedition. He had a wet dream during an extremely cold night, and was
afraid that if he performed Ghusl he would die. He prayed the morning
)Fajr( prayer with his companions. He then went to the Messenger of
Allaahto ask him about this. The Messengersaid: "O 'Amr! Did you pray
with your companions while you needed a ritual bath?" 'Amr said to the
Prophetthe verse )which means(:"…Do not kill yourselves]or one
another[. Indeed, Allaah is to you ever Merciful."]Quran 4:29[ The
Prophetsmiled at this and did not say anything.]Al-Bukhaari[
4- If water is nearby, but one cannot fetch it due to fear
If one fears for his life, family, wealth, ]for example, if an
enemy)beast or human( is nearby or if one is a prisoner, and so on[,
he may perform Tayammum. This is also allowed if there is water but
one lacks the proper means to get it, or if one fears some accusation
against him if he gets it.
5- If one is saving his water for later use
This could be for dough, cooking,or to remove an impurity that is not
pardonable. Imaam Ahmadsaid: "Many of the Companions performed
Tayammum to save their water for drinking." 'Alisaid: "A man who is
travelling and becomes unclean because of sexual intercourse, or a wet
dream, can perform Tayammum if he fears he will go thirsty. He should
perform Tayammum and not Ghusl." ]Ad-Daaraqutni[
6- If one can get water, but fears that the prayer will be over by the
time he gets it
He can perform Tayammum and pray, and does not need to repeat his
prayer )after he gets water(.
The Soil Used for Tayammum
It must be pure soil: this can be sand, stone, gypsum, and so on.
Allaah Almighty Says in the Quran)what means(:"…Perform Tayammum with
pure soil..."]Quran 5:6[ and all scholars of theArabic language agree
that 'soil')in Arabic( is whatever covers the earth, dirt or
otherwise.
How to Perform Tayammum
First, one must have the intention to perform ablution and purifying
himself, then he mentions Allaah's name, strikes the soil with his
hands, and wipes his face and hands up to the wrist, starting with the
right hand. Nothing is more authentic and clear than what
'Ammaarrelated. He said: "I once became sexually impure and had no
water, so I rolled in the dirt and prayed. This was mentioned to the
Prophetwho said:"This would have been enough for you," and he struck
the earth with his hands, blew in them andthen wiped his face and
hands with them."]Al-Bukhaari & Muslim[
This Hadeeth shows that one strike of the earth is sufficient, and one
only wipes the arms to the wrists. It is an act of Sunnah that one who
makes Tayammum with dirt should blow into his hands first and not make
his face dusty or dirty.
What Tayammum Makes Permissible
After performing Tayammum, one is pure and may perform any of the acts
requiring prior ritual purification, such as praying and touching the
Quran. He does not have to perform it during the time of prayer, and
he may pray as many prayers as he wishes)unless he nullifies it(,
exactly as it is the case with regular ablution. Abu Tharrreported
that the Prophetsaid: "The soil is a purifier for a Muslim, even if he
does not find water forten years. Then, if he finds water, that is, to
make ablution, and so on, it becomes incumbent upon him to use it."
]Ahmad & At-Tirmithi[