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Sunday, December 6, 2015

Plural marriage and fair treatment of co-wives, Dought & clear, - * A man wants to take a second wife – would the second wife be sinning?


My cousin and I love one another; he came to propose marriage to me but my mother refused. So he married someone else and had two daughters, but three years later he came back and wants to marry me according to the law of Allaah and His Messenger, and he wants to divorce his wife because of the problems and difficulties between them that have nothing to do with me. I love him but I am afraid of doing wrong to his wife; I do not want to bear any sin if I marry him. May Allaah reward you with good.
Praise be to Allaah.
There is nothing to stop you marrying him, whether he divorces his wife or not. Your marriage to him would not be counted as wrongdoing towards his first wife, because plural marriage is something that is regarded as commendable according to sharee’ah for the one who is able to treat his wives fairly. With regard to the problems between him and his first wife, and his thinking of leaving her, you have nothing to do with that, and you will not be sinning, so long as you do not ask him to divorce her or encourage him to divorce her in any way.
But if he does not divorce her and he wants to marry you, then he must treat you both fairly. If he fears that he will not be able to treat you fairly then it is not permissible for him to engage in a plural marriage, because Allaah says (interpretation of the meaning):
“… then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess”
[al-Nisa’ 4:3].





















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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)

Friday, December 4, 2015

General hadeeths, Dought & Clear, - *He is wondering about the wisdom behind the fact that the number of rak‘ahs of the obligatory prayers is not mentioned in the Holy Qur’an
























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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)
What is wisdom behind ALLAH(SWT) mentioning explicitly that heavens and earth are created in 6 days while ALLAH(SWT) is silent about number of Daily Salah i.e. 5 Daily prayers in The Glorious Quran.
Praise be to Allah
Firstly:
Not everything that is mentioned in the Qur’an is more important than everything that is proven in the Prophet’s Sunnah. Not one of the scholars said that, and there is no evidence in the Qur’an or Sunnah to indicate that. Rather the opposite of that occurs frequently. The Holy Qur’an often mentions many things that are details pertaining to the people and stories of the past, such as the dog that accompanied the people of the Cave, and the words of the ant in the story of the Prophet of Allah Sulaymaan, and some minor rulings in Soorat an-Noor and elsewhere, such as the etiquette required of children who should ask for permission before entering their parents’ room, or some of the etiquette of eating and drinking, and other matters that are undoubtedly important, but what is proven in the Prophet’s Sunnah of the details of how to pray, the rates of zakaah and the conditions of it being obligatory, how to perform Hajj and so on, are more important and of higher significance among the rulings of Islam.
Hence the fact that the number of days of the creation of the heavens and the earth is mentioned in the Holy Qur’an does not indicate at all that it is more important than the number of the obligatory prayers to be offered each day and night. The Holy Qur’an does not explain in detail the basic pillars of Islam, and the Prophet’s Sunnah does not deal only with secondary matters; rather each of them is a revelation that speaks of both major and minor branches of faith.
Secondly:
This shows you that Islam does not differentiate, with regard to legislative issues and basic religious teachings, between that which is mentioned in the Holy Qur’an and that which is proven in the Prophet’s Sunnah, especially when it is proven in the Prophet’s Sunnah by abundant mutawaatir reports (in which it was narrated by so many from so many that it is inconceivable that they could all have agreed upon a lie), in such a way that there was no difference of opinion concerning the fact that it is proven, as is the case with regard to the number of rak‘ahs of the prayers, and the description of its essential parts and its general description.
Therefore it is essential for it to be firmly established in the heart and mind of every Muslim that the Sunnah – which is everything that is attributed to the Prophet (blessings and peace of Allah be upon him) of words and deeds or approval of the words and deeds of others – is one of the two categories of divine revelation that was sent down to the Messenger of Allah (blessings and peace of Allah be upon him). The other category of revelation is the Holy Qur’an. Allah, may He be exalted, says (interpretation of the meaning):
“Nor does he speak of (his own) desire.
It is only an Inspiration that is inspired”
[an-Najm 53:3-4].
It was narrated from al-Miqdaam ibn Ma‘di Yakrib (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Verily I have been given the Qur’an and something like it with it. Soon there will come a time when a man, having eaten his fill, (will recline on his couch) and say: You should adhere to this Qur’an; whatever you find in it to be lawful, take it as lawful, and whatever you find in it to be prohibited, then take it as prohibited. Verily whatever the Messenger of Allah (blessings and peace of Allah be upon him) prohibits is the same as what Allah prohibits.”
Narrated by at-Tirmidhi (2664). He said: It is hasan ghareeb with this isnaad. It was classed as hasan by al-Albaani inas-Silsilah as-Saheehah(2870).
Hence Hassaan ibn ‘Atiyyah (may Allah have mercy on him) said: Jibreel used to come the Prophet (blessings and peace of Allah be upon him) with the Sunnah as he used to come down to him with the Qur’an. End quote fromal-Kifaayahby al-Khateeb (p. 12)
Al-Khateeb al-Baghdaadi (may Allah have mercy on him) included in his important bookal-Kifaayah fi ‘Ilm ar-Riwaayah(p. 8) a chapter entitled Chapter on what was narrated about the equality between the rulings of the Book of Allah, may He be exalted, and the rulings of the Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him), about the obligation to implement and follow both. End quote.
All of this is evidence which should make it clear to the questioner that the Muslim does not differentiate between that which is proven in the Holy Qur’an and that which is proven in the Prophet’s Sunnah, on condition that it be clearly proven in the Sunnah, beyond any doubt. That has been explained previously on our website in the answer to question no. 77243
Thirdly:
When asking about wisdom, the questioner may not realise that what we see of daily events in this world and what we see of countless people’s situations, and what is narrated in the Qur’an and Sunnah of hundreds and thousands of texts that speak about Islamic law or the creation of Allah or Allah Himself, may He be glorified and exalted, may all be subjected to the question of what is the purpose behind it? In fact, you could ask about every single issue that the religious texts did not refer to: what is the wisdom behind the texts not referring to it? and you can imagine the amount that the human brain could produce of such questions. Indeed you can well imagine the amount of trouble that could be caused to our reason by persisting in this questioning of the wisdom behind that and going to extremes in such questioning. That does not mean that there is no wisdom behind all that is mentioned above; but it does mean that the amount of what man may find out about of wisdom is very little in comparison to this huge number of created things and events, and it is small as a result of the smallness of the human brain in comparison to this huge universe, and in comparison to the huge number of events and causes, and the outcomes thereof, and the connections between them, and in comparison to the greatness of the Creator, may He be glorified and exalted. So what is appropriate for man is to realise the limits of his reasoning, and not waste his energy except on that which will benefit him in this world and in the Hereafter.
Ibn al-Jawzi (may Allah have mercy on him) said:
I have seen that man has a natural inclination to find out about the wisdom of Allah in all of His creation and rulings. Perhaps a man may never know the wisdom behind some things – such as decline after perfection – so he pauses in confusion, and the Shaytaan may seize this opportunity to whisper to him: Where is the wisdom behind that?
I say to him: Beware lest you be deceived, O poor man. For it has been proven to you with definitive evidence – after you have seen the precision and perfection of His creation – how great the wisdom of the Maker is, even if some of that wisdom remains hidden from you, and that is because of your weak reasoning.
Moreover, kings always have some secrets, so who are you to learn, despite your weakness, all of His wisdom and reasons behind things? You should be content with believing in His wisdom in general terms. Beware of trying to find out the wisdom behind things that is hidden from you, for you are one of His creation, one small speck among all that He has created, so how can you want to issue a ruling about the One Who created you?
His wisdom is proven to you in His decrees and His dominion, so strive hard to see some of the wisdom, for this will astonish you, and try to overlook what is hidden from you (of wisdom and reasons), for the one whose vision is weak should not stare at the light of the sun.
End quote fromSayd al-Khaatir(p. 156)
Ibn al-Qayyim (may Allah have mercy on him) said:
Blessed be Allah, the Lord of the Worlds, the Most Wise of those who are wise, Possessor of ultimate wisdom and overwhelming blessings, Whose wisdom reaches as far as His power, and Who in all things has brilliant wisdom, as He has in all things overwhelming power, and all guidance comes from Him. What we have mentioned is but a drop in the ocean, otherwise human minds are incapable and are too weak and limited to encompass His perfect wisdom in any matter of His creation.
End quote fromShifa’ al-‘Aleel(p. 239)
Fourthly:
Perhaps one of the greatest reasons why the Holy Qur’an kept silent about the number of rak‘ahs in the daily obligatory prayers is to prove to the scholars and their followers the importance of the Prophet’s Sunnah, which is the second category of revelation that was sent down to Muhammad (blessings and peace of Allah be upon him), so that it might be a definitive argument that will defeat all those whom the Shaytaan tries to make doubt the Sunnah and cast aspersions on its validity.
Al-Khateeb al-Baghdadi narrated inal-Kifaayah(p. 15) from al-Hasan that ‘Imraan ibn Husayn was sitting, with two of his companions, when a man among the people said: Do not quote anything to us except the Qur’an. He said to him: Come closer. So he came closer. Then he said: What do you think, if you and your companions rely only on the Qur’an, would you find in it that Zuhr prayer is four rak‘ahs, and ‘Asr prayer is four rak‘ahs, and Maghrib is three, of which you recite (something other than al-Faatihah) in two? What do you think, if you and your companions rely only on the Qur’an, would you find that circumambulation (tawaaf) around the Ka‘bah is seven circuits, and that going between as-Safa and al-Marwah (is seven laps)? Then he said: O people, learn from us, for if you do not, you will go astray.
End quote.
Inal-Mawsoo‘ah al-Fiqhiyyah al-Kuwaitiyyah(1/49-51) there are some useful comments which we will quote here:
Issues of fiqh may be divided, with regard to understanding the wisdom behind the ruling or not, into two categories:
1.
Rulings of which the wisdom behind them is understandable, which may be called rulings based on clear reason. These are the rulings of which the wisdom behind them is readily understandable, either because the reason is clearly stated or because it may be easily concluded.
These issues are the most common of the things that Allah, may He be glorified and exalted, has ordained. Out of concern for us, He did not test us with rulings of which the wisdom behind them is beyond our comprehension, so that we would not get confused. Examples include the prescription of prayer, zakaah, fasting and Hajj in general; the rulings that make it obligatory to give the mahr in marriage, observe ‘iddah following divorce or death of the husband, and spend on one’s wife, children and relatives; and the ruling that permits divorce when married life becomes impossible… And there are thousands of other such fiqhi rulings.
2.
Rulings having to do with acts of worship. In the case of these rulings we do not necessarily understand the connection between the action and the ruling, and the ruling that prescribes how to do that action. Examples include the number of prayers, the number of rak‘ahs, and most of the actions of Hajj.
By the mercy of Allah, may He be glorified and exalted, such rulings are very few in relation to those rulings of which the wisdom behind them is understood. The prescription of these rulings having to do with acts of worship is a test to see whether the individual is truly a believer.
What should be understood in this context is that nothing of the fundamental issues or minor issues of Islamic teachings is contrary to reason, but there may be something that is beyond our minds to grasp, and there is a big difference between the two matters. If a person is convinced – rationally – that Allah exists, and that He is wise and He alone is deserving of lordship, to the exclusion of all others, and he is convinced – rationally – of what he has seen of miracles and signs that point to the truthfulness of the Messenger (blessings and peace of Allah be upon him) who conveyed the message from his Lord, then he has confirmed that Allah, may He be glorified and exalted, is the Lawgiver and the Lord, and he has affirmed that he is a slave. So if, when Allah enjoins something or forbids something, he says, “I will not comply until I know the reason behind what You have commanded or forbidden,” by doing that he will have proved himself to be lying when he claimed to believe in Allah and His Messenger. For reason has a limit beyond which it cannot go, just as physical faculties have a limit beyond which they cannot go.
The one who rebels against the rulings of Allah, may He be exalted, that have to do with worship is like a sick person who goes to a trustworthy doctor, who is known for his knowledge and honesty, and that doctor prescribes different kinds of medicine for him, some of which are to be taken before food, some during the meal, and some after eating, in varying amounts, but he says to the doctor: I will not take your medicines until you explain to me the reason why one has to be taken before food, another after eating, and another during the meal, and why do the doses vary in amount? Does this patient really trust his doctor? The same is applicable to the one who claims to believe in Allah and His Messenger, then he rebels against the rulings of which he does not understand the wisdom behind them. When a true believer is given a command or prohibition, he says: I hear and I obey – especially after what we have stated, that there are no rulings that are contrary to sound reasoning. Not knowing something does not mean that it is not there. How many rulings there are, of which the wisdom behind them was not known in the past, then we discovered the great wisdom behind them. The wisdom behind the prohibition on pork was hidden to many people, then we discovered what this filthy animal carries of diseases and abhorrent characteristics, from which Allah, may He be glorified and exalted, wanted to protect Muslim society. Something similar may be said about the command to wash seven times a vessel that has been licked by a dog, one of which should be with dirt… And there are other rulings which in the future we will discover the wisdom behind them, even if it is hidden from us at present.
We hope that this answer has dealt precisely with the issues you were asking about.
And Allah knows best.

Wednesday, December 2, 2015

General hadeeths, Dought & Clear, - * Is it Sunnah to always make naafil prayers brief?
























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- PUBLISHERNajimudeeN M. MD, IRI (Managing Director, Islamic Research Institution)
I want to ask about naafil (supererogatory) prayers: is it permissible or obligatory to make them brief like the two rak‘ahs of Fajr?
Praise be to Allah
Naafil prayers may be divided into three categories with regard to whether it is prescribed to make them brief or not:
The first category is naafil prayers in which it is Sunnah to make them brief. These include:
· The two rak‘ahs before Fajr prayer
Al-Bukhaari (1165) narrated that ‘Aa’ishah (may Allah be pleased with her) said: The Prophet (blessings and peace of Allah be upon him) used to make brief the two rak‘ahs before Fajr prayer, to the extent that I would say: Did he recite the Mother of the Book (Umm al-Kitaab– i.e., Soorat al-Faatihah)?
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The Sunnah with regard to the Sunnah prayer of Fajr is to make it brief, and to recite in the first rak‘ah “Qul ya ayyuha’l-kaafiroon (Say (O Muhammad (blessings and peace of Allah be upon him) to these Mushrikoon and Kafiroon): O Al-Kafiroon (disbelievers))” [Soorat al-Kaafiroon 109]and in the second rak‘ah“Qul Huwa Allahu Ahad (Say (O Muhammad (blessings and peace of Allah be upon him)): He is Allah, (the) One)” [Soorat al-Ikhlaas 112], or to recite in the first rak‘ah“Say (O Muslims), ‘We believe in Allah and that which has been sent down to us…” [al-Baqarah 2:136]and in the second rak‘ah“Say (O Muhammad (blessings and peace of Allah be upon him)): "O people of the Scripture (Jews and Christians): Come to a word that is just between us and you…” [Aal ‘Imraan 3:64].
Bowing (rukoo‘) should also be made brief; so it should be limited to the minimum that is required in order to make it proper, which means saying three times “Subhaana rabbiy al-‘azeem (Glory be to my Lord the Almighty)”. Prostration (sujood) should be made similarly brief, and the tashahhud should also not be made lengthy. This is the Sunnah of the Messenger (blessings and peace of Allah be upon him).
End quote fromLiqa’ al-Baab al-Maftooh.
· Tahiyyat al-masjid (two rak‘ahs to “greet the mosque” upon entering), if the imam is speaking (on Friday)
Muslim (875) narrated that Jaabir ibn ‘Abdullah (may Allah be pleased with him) said: Sulayk al-Ghatafaani came on a Friday when the Messenger of Allah (blessings and peace of Allah be upon him) was delivering the khutbah, and sat down. He (blessings and peace of Allah be upon him) said to him: “O Sulayk, get up and pray two rak‘ahs, and make them brief.” Then he said: “If one of you comes on a Friday and the imam is delivering the khutbah, let him pray two rak‘ahs and make them brief.”
· Starting voluntary night prayers with two brief rak‘ahs
Abu Dawood (1323) narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If one of you gets up to pray at night, let him pray two brief rak‘ahs.” And that was proven in his actions (blessings and peace of Allah be upon him), as was narrated inSaheeh Muslim, in the hadith of Ibn ‘Abbaas (may Allah be pleased with him).
· That also includes the two rak‘ahs following tawaaf; what is prescribed in this case is to recite briefly, similar to the recitation in the Sunnah prayers of Fajr and Maghrib
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
It should be noted that what is prescribed in the case of these two rak‘ahs is to make them brief, and to recite in them “Qul ya ayyuha’l-kaafiroon (Say (O Muhammad (blessings and peace of Allah be upon him) to these Mushrikoon and Kafiroon): O Al-Kafiroon (disbelievers))” [Soorat al-Kaafiroon 109]and“Qul Huwa Allahu Ahad (Say (O Muhammad (blessings and peace of Allah be upon him)): He is Allah, (the) One)” [Soorat al-Ikhlaas 112]. And there is no du‘aa’ to be recited before or after them.
End quote fromMajmoo‘ Fataawa Ibn ‘Uthaymeen(24/463-464)
The second category is naafil prayers in which it is Sunnah to make them lengthy, such as the eclipse prayer and qiyaam al-layl
It is proven that the Prophet (blessings and peace of Allah be upon him) made the recitation lengthy in the eclipse prayer. Al-Bukhaari (5197) and Muslim (907) narrated that ‘Abdullah ibn ‘Abbaas (may Allah be pleased with them) said: The sun was eclipsed at the time of the Messenger of Allah (blessings and peace of Allah be upon him), and the Messenger of Allah (blessings and peace of Allah be upon him) prayed and the people with him. He stood for a long time, almost as long as it takes to recite Soorat al-Baqarah
Shaykh al-Mubaarakfoori (may Allah have mercy on him) said: The hadith indicates that it is prescribed to make the standing lengthy by reciting a long soorah in the eclipse prayer, and this is mustahabb according to all scholars.
End quote fromMir‘aat al-Mafaateeh Sharh Mishkaat al-Masaabeeh(5/136)
With regard to the description of the prayer of the Prophet (blessings and peace of Allah be upon him) at night, ‘Aa’ishah (may Allah be pleased with her) described it in two words: long and beautiful. She (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) did not pray more, in Ramadaan or at any other time, than eleven rak‘ahs. He would pray four, and do not ask how beautiful and long they were. Then he would pray four, and do not ask how beautiful and long they were. Then he would pray three.
Narrated by Muslim (738).
An-Nawawi (may Allah have mercy on him) said: In this hadith – along with the hadiths that are mentioned after it – we see, concerning making the recitation and standing lengthy, evidence to support the view of ash-Shaafa‘i and others who said that making the standing lengthy is better than doing a lot of bowing and prostrating.
End quote fromSharh Saheeh Muslimby an-Nawawi.
The third category is naafil prayers concerning which there is no report from the Prophet (blessings and peace of Allah be upon him) to say whether he made them brief or lengthy
With regard to this type of naafil prayers, there is a difference of opinion among the scholars: is it better to make the standing lengthy, or is it better to do a lot of bowing and prostrating?
The Hanbalis (may Allah have mercy on them) are of the view that doing a lot of prostration and bowing is better than making the standing lengthy.
Al-Bahooti (may Allah have mercy on him) said: With regard to that in which it is narrated that the Prophet (blessings and peace of Allah be upon him) made it brief, such as the two rak‘ahs before Fajr, the two rak‘ahs at the beginning of qiyaam al-layl, or tahiyyat al-masjid if one enters when the imam is delivering the khutbah on Friday; or it is narrated that the Prophet (blessings and peace of Allah be upon him) made them lengthy, such as the eclipse prayer, then what is preferable is to follow him, because Allah, may He be exalted, says (blessings and peace of Allah be upon him):“Indeed in the Messenger of Allah (Muhammad (blessings and peace of Allah be upon him)) you have a good example to follow” [al-Ahzaab 33:31]. Apart from that – i.e., apart from cases in which it was narrated from the Prophet (blessings and peace of Allah be upon him) that he made the prayers brief or lengthy – doing a lot of bowing and prostrating is better than making the standing lengthy, because the Prophet (blessings and peace of Allah be upon him) said: “The closest that a person is to his Lord is when he is prostrating.” And it was narrated that Thawbaan said: I heard the Prophet (blessings and peace of Allah be upon him) say: “You should prostrate a great deal, for you will never prostrate to Allah once but He will raise you one degree in status thereby and erase one sin from you thereby.” … And because prostration in and of itself is better and of more significance, based on the fact that it is obligatory in both obligatory and supererogatory prayers, and it is not permissible to prostrate under any circumstances to any but Allah, may He be exalted. In contrast, standing is waived in supererogatory prayers, and it is permissible in situations other than prayer, such as standing up out of respect for one’s parents, teachers, and the leader of the people. And doing a lot of that which is of greater significance and better is more appropriate.
End quote fromKashshaaf al-Qinaa‘(1/441)
The Shaafa‘is (may Allah have mercy on them) are of the view that making the standing lengthy is better than doing a lot of prostration and bowing.
An-Nawawi (may Allah have mercy on him) said: Making the standing lengthy, in our view, is better than making the prostration, bowing and so on lengthy, and it is better than doing a lot of rak‘ahs.
End quote from al-Majmoo‘ (3/537)
Some of the scholars are of the view that there should be a differentiation between prayers offered at night and prayers offered during the day.
Ash-Shawkaani (may Allah have mercy on him) said: Ishaaq ibn Raahawayh said: With regard to (prayers) during the day, doing a lot of bowing and prostration is better; with regard to (prayers) during the night, making the standing lengthy is better, unless a man has a juz’ that he recites at night, in which case doing a lot of bowing and prostrating is better, because he can recite his juz’ and earn reward by bowing and prostrating.
Ibn ‘Adiyy said: Ishaaq only said this because they described the prayers of the Prophet (blessings and peace of Allah be upon him) at night as involving lengthy standing, and his prayers during the day were not described as being lengthy in the way that his prayers at night were described.
End quote fromNayl al-Awtaar(3/91)
Conclusion:
With regard to that concerning which it is narrated from the Prophet (blessings and peace of Allah be upon him) that he made it brief in word or deed, the Sunnah is to make it brief. With regard to naafil prayers concerning which it is narrated that he made it lengthy, the Sunnah is to make it lengthy. With regard to naafil (supererogatory) prayers other than that, the scholars differed as to whether it is better to make the standing lengthy or to do a lot of bowing and prostration.
In such cases it may be said: Do that which is better for you and makes you more able to focus properly. If making the standing lengthy is better and makes you more able to focus properly, then you should do that. If doing a lot of prostration is better, then you should do that. It was narrated from the Prophet (blessings and peace of Allah be upon him) that he said: “And when one of you prays alone, let him pray as he likes.” Narrated by Muslim (467)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said. Commenting on the phrase, “See what is better for you and makes you more able to focus properly, and do that”:
the person who is wise and guided will know how he should perform acts of worship that are not obligatory; he can compare and weigh up which interests may be served by different ways, and do that which is most appropriate for him.
End quote fromash-Sharh al-Mumti‘(5/79-80)
And Allah knows best.