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Saturday, May 3, 2014

Fathwa, - {Conflictsamong family members}, - Her husband prevents her from seeing her non-practicing family



Question
Salam Alaykom. My husband is preventing me from seeing my family. The reason why is because my dad and others do not pray but alhamdouillah they fast. Also the reason he is preventing me from seeing them is because no ladies wears the hijab- I am the only one that wears hijab alhamdouillah and they don't wear decent clothes; sometimes they wear shorts and other short clothes. My dad invited us for the 1st day of Ramadan to eat there and my husband refused. Also some of the food is not always halal, sometimes they buy the meat from american store. Also, I am trying to tell my dad about praying but he is still not praying. I miss my dad very much. And I only want to go there to see my dad so he doesn't get mad. I am not going there to be like them. Please advise as I really want to see my father- I really miss him. My husband doesn't want me to invite them for iftar because of the clothes they wear. Jazakallah Khayran.
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 Muhammadis His slave and Messenger.
We have already clarified in Fatwa 82969that the husband has the right to prevent his wife from seeing her parents and relatives if he has a sound religious reason for that, such as fearing that they will corrupt her. In this case she would be obliged to obey him.
Therefore, you are obliged to obey your husband and you may keep ties with your family by calling them on the telephone and the like.
However, if you think that your visit may have some positive effects and influence on them, then you may suggest that your husband accompanies you when you visit them.
May Allaah make you a cause for their guidance.
Allaah Knows best.

Fathwa, - {Conflictsamong family members}, - Distribution of a father's property between sons and daughters while the father is still alive



Question
dear brother the situation of the family has become very complicated, it is difficult to take a decision regarding how the property should be distributed. however to make the problem easy let me put it in a few questions: the property is still not divided, it has to go to five children. two sons and three daughters. 1. one brother died by accident recently. 2. another brother's family has got destroyed by family problems. The wife having relation with other man and sons beating with iron rods mercilessly to the father absolutely to cause pain and damage. he has no security to life due to his children and his inability to face the problems. he has lost his health, very weak, and fragile he is 60 years, his physical stature is such that he can be blown away with the wind. the wife and sons have robbed away all the money from him, taken away all the property which he has made, he is houseless although he has made two houses. she has already spent lot of money to make this man financally strong. suppose the property goes to my brother he is not able to safeguard nor he can enjoy. How should my father distribute the property. AsimaNusrath Associate Professor, Chairman Department of Studies in Geography, Manasagangotri,University of Mysore, Mysore 570006 Office : 0821 2419694 Mob : 09986 525716 home: 0821 2495716
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.
It appears from the question that the father is still alive. If this is the case, then the matter depends on your father in dividing this money as he is its owner. Thus, if he wishes to divide it on his children as a gift and as a way of making them appropriate it while he is in good health, then this is permissible. However, if he wishes to divide it on them as inheritance, then this is not valid as he is still alive and a living person is not inherited.
In case he divides it as a gift, then the juristsdiffered in opinion whether or not he is obliged to divide it equally and justly between them; the most preponderant opinion is that he is obliged to do so. Moreover, they also differed in the matter of dividing it equally between them, the majority of the jurists are of the view that he should give the male the same share as the female, and this is the preponderant opinion. However, some juristsare of the view that he should give the male twice the share of the female like their share in the inheritance.
As regards his dead son, it is not valid to gift him because a dead person does not own. Nonetheless, your father may gift his grandchildren some of this money as a way of consoling them especially if they are needy; in which case, he should help them.
With regard to the son whom you mentioned in the question and whom you described to be unwell and weak, then if he is conscious, his share should be given to him, and he may be advised to keep his money with whomever can save it for him.
Concerning his wife, if what you mentioned about her is true that she has an affectionate relationship with another man, and that she stole the money of her husband, then it is an obligation to advise her and frighten her of Allaah and remind her to repent from this illicit and forbidden relationship especially if she is still in the bond of marriage with him; in which case, she is very sinful. She should be reminded to repent from being unjust to her husband and that she is obliged to give back the money to her husband unless he forgives her.
For more benefit, please refer to Fataawa 81356and 86527.
As regards the children, if you mean that they beat their father and they harm him, and this is really true, then this is very strange and it is a real tribulation. How could they do so while their father was the reason of their existence in this life? How could they do so while Allaah The Almighty joined His Rights with the rights of the father? How could they do so while Allaah The Almighty made it an obligation to be kind and dutiful to him )the father( and He forbade saying even an 'Uff' )a word of disrespect( to him? There is no doubt that this is a great evil and it is considered as them cutting ties with him.
For more benefit on being kind and dutiful to the parents and the prohibition of cutting ties with them, please refer to Fataawa 87019and 87856.
In any case, these children must be advised to fear Allaah The Almighty with regard to their father, and repent to Allaah The Almighty before they regret when it would be too late to regret. Indeed, in case of a person who cuts ties with his parents, Allaah The Almighty may speed up his punishment in this worldly life along with the punishment that awaits him in the Hereafter. The Prophetsaid: “There are two doors whose punishment are speeded up in this worldly life: injustice andcutting ties with the parents.” ]Al-Haakim, Al-Albaani: Sound[
On the other hand, if that man is weak and he cannot protect himself, it is an obligation on whoever is able to protect him and defend him, to do so. The Prophetsaid: “Support your brother regardless of whether he is the oppressor or the oppressed.” A man ]a Companion[ said, “O, Prophet of Allaah: we understand that we should support him if he is oppressed, but how should we support him if he is an oppressor?” Thereupon, the Prophetsaid: “By preventing him from oppressing others, and this is supporting him.” ]Al-Bukhaari and Muslim[Al-Khaadimisaid in his book Bareeqah Mahmoodiyyah, “Supporting the oppressed is a communal obligation if this can be done.”
Allaah Knows best.

Fathwa, - {Conflictsamong family members}, - Husband is required to spend on wife and children and the wife hasthe right to live in separate house



Question
Assalamualaikum...I am married for the past 10 months...alhumdulillah my husband so far is co operative...i used to work as a teacher but now tat i m 8 months pregnant,he has asked me to take leave.i m in my mom s place till the delivery cuz my mom in law said the first baby delivery charges shd be borne by my dad..ens to whatever she says...she wanted to have a ritual during the seventh month,which i refused n she dint speak to me for a week bcoz of the refusal...now tat i m here at my mom s place..all the expenses out there are borne by my husband)he n his younger bro earn in tat house,dad in law is retired,there are two more younger teenage broz n a married sis wit husband)they ve a house of their own, he earns a handsome salary,still they prefer staying here( n two kids(cuz the younger bro is getting married,he needs to save his salary for his wedding ..Before when i used to work,my salary would also go in the family expenses..now tat i ve taken leave,i don contribute...and wen i m here my husband doesnt gimme a sngle penny for my medicine or doc visits..and now they re indirectly pointing out expensive huge hospitals to have me deliver over there... my question is.... 1.is he right in spending all of his salary on his family? 2.am i right in asking my father to bear my delivery expenses )he has no prob whatsoever,but still..(? 3.do i not have the right to save at least something from my own salary? I am really tensed on these matters cuz whatever my husband earns,goes in the family expenses,when he has a bank loan to repay..no one is bothered about that,if i remind him about it ,i am asked to get it from my father...very very disturbed....kindly help me...in the light of Quran and Sunnah.. jazakallah khair....
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.
The husband is Islamically required to spend on his wife and his children and the wife is not obliged to spend on herself or her husband let alone spending on the family of her husband. If the husband carries out his obligation towards his wife and children, it becomes permissible for him to spend on his family or on other people as this is an act of goodness and kindness. However, it is not permissible for him to be negligent on the rights of his wife. It is confirmed that‘Abdullaah ibn ‘Umarnarrated that the Prophetsaid: “It is enough a sin for a person not to provide means of sustenance to those whom he is obliged to support.” ]Abu Daawood[
Besides, whatever money the wife earns, it is her own money; she may spend of it if she so wishes and she may save it if she so wishes.
For more benefit, please refer to Fataawa 85012and 31645.
Nonetheless, you should not ask your parents to spend on you and this is not an Islamic obligation on him. Moreover, according to the preponderant view of the juriststhe expenses of delivery ]giving birth[ are an obligation on the husband as we clarified in Fatwa 165373.
Finally, it should be noted that the wife has the right to be in a separate house and she is not obliged to live with the relatives of her husband unless there in space in the house in a way that the husband allocates a portion of the house that has separate amenities for his wife.
Allaah Knows best.

Qur'an Related, - Conclusion



Throughout history, people to whom Allah sent messengers and prophets demanded miracles so that they could see something extraordinary that would convince them to believe. Allah graced some of the prophets with the power to perform miracles; He helped them, thereby enabling them to proclaim His message and engage in a clash of ideas with all sorts of unbelievers. However, people of conscience and intelligence do not need a miracle in order to believe, for those with understanding see everything as an evident proof of His existence.
Even though all of creation is filled with signs of Allah's existence and wondrous creative power, some people continue to demand at least one miracle. But their real intention is not what it seems, for instead of believing in these miracles, they falsely accuse those who perform them of such things as witchcraft or corruption.
They have sworn by Allah with their most earnest oaths that if a Sign comes to them, they will belive in it. Say:
"The Signs are under Allah's control alone." What will make you realize that even if a Sign did come that they would still not believe? We will overturn their hearts and sight, just as when they did not believe in it at first, and We will abandon them to wander blindly in their excessive insolence. Even if We sent down angels to them, the dead spoke to them, and We gathered together everything in front of them right before their eyes, they would still not believe, unless Allah willed. The truth is that most of them are ignorant. (Surat an-An'am: 109-111)
As Allah proclaims, those without faith who insist on seeing miracles do not really want to believe; rather, they want to test the prophets by making things difficult for them. In their own shallow minds, they want to show that the prophets are liars so that they can excuse their own rebelliousness. Such people do not believe even in a miracle when they see one; they simply increase their accusations that they have been bewitched.
When they see a Sign they only laugh with scorn. They say: "This is just downright magic." (Surat al-Saffat: 14-15)
If they see a Sign, they turn away saying: "There is no end to this witchcraft!" (Surat al-Qamar: 2)
It is a grace from Allah that many people have their faith strengthened by miracles. But people of conscience and intelligence believe in Allah because of the extraordinariness of creation, and thus do not expect a special miracle from the prophets. If the Lord manifests Himself in certain miracles, they see such events as blessings that stir up eager enthusiasm in them and strengthen their resolve. Throughout history, unbelievers have never expected such a thing and, as a result, have lost much. In order to find an excuse for their rebelliousness, they have disregarded the truths announced by the prophets in their search for something extraordinary. The Lord says that He could make these people submit to Him with just one miracle: "If We wished We could send down a Sign to them from heaven, before which their heads would be bowed low in subjection" (Surat al-Shu'ara': 4). But all things happen according to what is required by the nature of this world as a place of testing.
The miracles of our Prophet (saas) are a source of great joy for all Muslims. They increase the believers' faith and cause them to be more enthusiastic in their attachment to the sublime Qur'an.
They said, 'Glory be to You!
We have no knowledge except what You have taught us.
You are the All-Knowing, the All-Wise.'
(Surat Al-Baqara, 32)