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Saturday, December 17, 2016

Engagment, Dought & clear, - * Is it better to get engaged and do the marriage contract a year later, or to do the marriage contract straight away so that he will not fall into haraam?













Which is better from a shar’i and practical point of view – for fear of disobeying Allaah –
1. To get engaged for one year then do the marriage contract and consummate the marriage on the wedding night
2. To get engaged for a while then do the marriage contract three months before consummation
3. To do the marriage contract and then consummate the marriage one year later, with no engagement period?
What is your opinion of these options? Please note that there may be some overstepping the limit before the marriage contract, such as looking at one’s fiancée with desire, speaking some words of love and holding hands sometimes.
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Praise be to Allaah.
The fiancé is a stranger (non-mahram) to his fiancée so it is not permissible for him to shake hands with her, look at her with desire, be alone with her or speak words of love to her, etc. Rather Islam only permits him to look at her when proposing marriage without desire or being alone with her, because that will lead to a lasting marriage, lest there be anything that he dislikes in her that he does not know about but that may be a cause of him being put off by her in the future.
What some people do, being lax with regard to their interactions with their fiancées and looking, being alone with them etc, is a great evil which should be avoided and warned against.
If the fiancée cannot control himself with regard to the things that we have mentioned, then it is better for him to do the marriage contract straightaway, or shortly after getting engaged, so that he will avoid falling into haraam. It is well known that the one who has done the marriage contract is a husband and everything that is permissible for husbands is permissible for him, but he should not have intercourse until his wife moves in with him, in accordance with custom and so as to avoid any negative consequences that may result if intercourse takes place before the consummation is announced.
There is nothing wrong with delaying consummation from the time of the contract, for a year or three months, depending on each partners’ circumstances. There is no specific rule in sharee’ah concerning this matter, rather it varies according to people’s circumstances. In the past the engagement, contract and consummation may all have taken place on one day, or it may have been done otherwise. The Prophet (peace and blessings of Allaah be upon him) did the marriage contract with ‘Aa’ishah (may Allaah be pleased with her) when she was six years old and he consummated the marriage with her when she was nine.
What matters is that you should avoid falling into haraam. Hence the one who cannot control himself during the engagement period should hasten to do the marriage contract.
And Allaah knows best.





















PUBLISHERM.NajimudeeN. MD,IRI

Engagment, Dought & clear, - * It is not permissible to offer an explicit proposal of marriage to a woman who is observing ‘iddah following the death of her husband or divorce











My paternal aunt has been separated from her husband for four years and the official talaaq procedure is still not finished. A young man has come to propose marriage to her; is it permissible for her to recite al-Faatihah and sit with him without being alone with him during the months of ‘iddah?.
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Praise be to Allaah.
Firstly:
What we understand from your question is that your aunt’s divorce from her husband has not yet been completed, because you say “the official talaaq procedure is still not finished”. If that is the case, then your aunt is still married to her husband, so it is not permissible for anyone to propose marriage to her or to make an agreement with her to get married after her divorce, until the divorce has actually been completed.
Secondly:
If the divorce has been completed but it is a revocable divorce (first or second talaaq), then it is also not permissible during the ‘iddah period for anyone to propose marriage to her, either explicitly or implicitly, because the woman who has been divorced revocably still comes under the same rulings as a wife, and her husband has the right to take her back at any time he wants, so long as the ‘iddah has not ended.
Thirdly:
But if the divorce is not revocable (such as a third talaaq or talaaq in return for some compensation paid by the wife), then it is permissible to hint at a proposal during the ‘iddah, but it is not permissible to propose explicitly, because Allaah says (interpretation of the meaning):
“And there is no sin on you if you make a hint of betrothal or conceal it in yourself”
[al-Baqarah 2:235]
This verse speaks of a woman who is observing ‘iddah following the death of her husband, but by analogy the scholars applied it to everyone who is observing ‘iddah and has no way of going back to her husband.
The different between an explicit proposal and an implicit one is that an explicit proposal is worded in such a way that it cannot mean anything but marriage, such as “I want to marry you” or “I will propose to you” etc.
As for the implicit proposal, it is worded in such a way that it may mean marriage or something else, such as “I am looking for a wife” and so on.
It is well known that people use the expression “reciting al-Fatihah” to refer to an explicit proposal. Based on this it is not permissible for anyone to propose to your aunt and recite a-Faatihah or for her to sit with him until the 'iddah has ended.
It should also be noted that reciting al-Faatihah at the time of engagement or marriage is not mentioned in the Sunnah.
The standing Committee for Issuing Fatwas was asked: Is reciting al-Faatihah when a man proposes marriage to a woman an innovation (bid’ah)?
They replied:
Reciting al-Faatihah when a man proposes marriage to a woman or when doing the marriage contract with her is an innovation. End quote.
Fataawa al-Lajnah al-Daa’imah(19/146)
See:al-Sharh al-Mumti’(10/124-127);al-Mawsoo’ah al-Fiqhiyyah(19/191).
And Allaah knows best.























PUBLISHERM.NajimudeeN. MD,IRI

Friday, December 16, 2016

General Dought clear, - * Why do we send blessings upon the Prophet and his family in the prayer and not upon the rest of the ummah?












One of the basic principles of Islam is that a human in the eyes of Allah is always equal. When we pray, at the end of our prayer, after the Tashahhud, we always ask Allah to bestow peace and blessings on the Prophet, and his family. We do not say peace upon the rest of the ummah or the sahabah etc. With regard to this, please can you explain to me fully what is the status of the prophets family.
-
Praise be to Allah
Firstly:
Submission to Allah and His Messenger is one of the fundamentals of the Islamic religion, without which it cannot be complete. Allah, may He be exalted, says (interpretation of the meaning):
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad (blessings and peace of Allah be upon him)) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[an-Nisa’ 4:65].
Submission leaves no room for doubt and it puts an end to the whispers of the Shaytaan. By means of submission one may attain certainty and perfect faith, and when there is submission, one does not need to ask why or how.
Secondly:
People are all equal in terms of them being slaves of Allah, but after that they very in status and virtue according to their level of piety or fear of Allah, as Allah, may He be glorified and exalted, says (interpretation of the meaning):
“O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honourable of you with Allâh is that (believer) who has At-Taqwa [i.e. he is one of the Muttaqoon (pious)]”
[al-Hujuraat 49:13].
The Messenger of Allah (blessings and peace of Allah be upon him) said on the middle day of the days of at-Tashreeq: “O people, verily your Lord is one and your father is one. Verily there is no superiority of an Arab over a non-Arab or of a non-Arab over an Arab, or of a red man over a black man, or of a black man over a red man, except in terms of piety. Have I conveyed the message?” They said: The Messenger of Allah (blessings and peace of Allah be upon him) has conveyed the message.
Narrated by Ahmad (22978) and classed as saheeh by al-Albaani inas-Saheehah(2700).
Thirdly:
Sending greetings of salaam upon the Prophet (blessings and peace of Allah be upon him) and upon the righteous slaves of Allah in the prayer is done in the tashahhud, which is then followed by sending blessings upon the Prophet (blessings and peace of Allah be upon him) and upon his family.
The greeting of salaam is sent upon all the righteous slaves of Allah in heaven and on earth, as al-Bukhaari (831) and Muslim (402) narrated that Ibn Mas‘ood said: When we prayed behind the Messenger of Allah (blessings and peace of Allah be upon him), we used to say: Peace (salaam) be upon Allah, peace be upon So and so. The Messenger of Allah (blessings and peace of Allah be upon him) said to us one day: “Allah is as-Salaam, so when one of you sits to pray, let him say:at-Tahiyyaatu Lillaahi wa’s-salawaatu wa’t-tayyibaat; as-salaamu ‘alayka ayyuha’n-nabiyyu wa rahmat-Allahi wa barakaatuhu; as-salaamu ‘alayna wa ‘ala ‘ibaad-illaah is-saaliheen(All compliments, prayers and good words are due to Allah; peace be upon you, O Prophet, and the mercy of Allah and His blessings; peace be upon us and upon the righteous slaves of Allah). For if you say that it will reach every righteous slave in the heavens and on earth. (Then say:)Ash-hadu al-laa ilaaha ill-Allah wa ash-hadu anna Muhammadan ‘abduhu wa rasooluhu(I bear witness that there is no god except Allah and I bear witness that Muhammad is His slave and Messenger).”
As for sending blessings when saying “Allahumma salli ‘ala Muhammad… wa baarik ‘ala Muhammad” what is prescribed is for it to be intended for the Prophet (blessings and peace of Allah be upon him) and his family, and it is said after the Tashahhud.
This is how it is prescribed and it is prescribed to be exclusively for the Prophet (blessings and peace of Allah be upon him) and his family. Allah instructed His Prophet (blessings and peace of Allah be upon him) to say it this way, and He has commanded people to follow the Prophet’s example and act in accordance with his Sunnah, as the Prophet (blessings and peace of Allah be upon him) told us when he said: “Pray as you have seen me praying.” Narrated by al-Bukhaari (631).
Allah, may He be exalted, bestows His favour and generosity upon whomever He will among His slaves. He is not to be questioned about what He does and no objection is to be raised to what He prescribes on the basis of what people may think or imagine. Allah, may He be exalted, says (interpretation of the meaning):
“He selects for His Mercy (Islam and the Qur’an with Prophethood) whom He wills and Allah is the Owner of Great Bounty”
[Aal ‘Imraan 3:74]
“That is the Grace of Allah which He bestows on whom He wills. And Allah is All-Sufficient for His creatures' needs, All-Knower”
[al-Maa’idah 5:54].
It is well-known that the family of the Prophet (blessings and peace of Allah be upon him) enjoy special virtue and status that others do not share.
Moreover, the grace of Allah will be bestowed upon the righteous and His slaves with the sending of greetings of salaam upon them, as we see above. Obviously, it is not necessarily the case that those who are favoured receive equal favour in all things.
Our Prophet (blessings and peace of Allah be upon him) taught his Companions to send blessings upon him when they said to him: O Messenger of Allah, we know how to send greetings of salaam upon you, but how should we send blessings upon you? He said: “Say:Allahumma salli ‘ala Muhammadin wa ‘ala aali Muhammadin kama salayta ‘ala aali Ibraaheem, innaka hameedun majeed; Allahumma baarik ‘ala Muhammadin wa ‘ala aali Muhammadin kama baarakta ‘ala aali Ibraaheem, innaka hameedun majeed(O Allah, send Yoursalaah(grace, honour and mercy) upon Muhammad and upon the family of Muhammad, as You sent Yoursalaahupon the family of Ibraaheem, You are indeed Praiseworthy, Most Glorious. O Allah, send Your blessings upon Muhammad and the family of Muhammad, as You sent Your blessings upon the family of Ibraaheem, You are indeed Praiseworthy, Most Glorious).”
Narrated by al-Bukhaari (6357) and Muslim (406).
This is how to send blessings upon him (blessings and peace of Allah be upon him), and not one of them said: O Messenger of Allah, why do we send blessings upon you and upon your family, and we do not send blessings upon the Prophets and Messengers of Allah, or upon any of your Companions or any of your ummah? They only said, as Allah tells us about them and about His believing slaves: We hear and we obey. This is what is required of us.
Fourthly:
What is meant by the family of the Prophet (blessings and peace of Allah be upon him) is his wives and descendants, and Banu Haashim and Banu’l-Muttalib.
And Allah knows best.






















PUBLISHERM.NajimudeeN. MD,IRI