Archive for January, 2012
A Father Gifts Sons Without Daughters
A man gifted a spacious land that includes many farms to his sons, to the exclusion of his daughters. He was fully responsible and competent when he did this. After his death, the documents remained with his sons and they did not distribute them. Is it permissible for any of the partners to prevent the others from examining these documents and knowing their content?
What this man did is not permissible, though some scholars regard this gift as having valid consequences. But the Prophet (peace and blessings be upon him) has prohibited unfair gifts. One must not be unfair with his children. When Bashir, father of al-Nu`man, asked the Prophet (peace and blessings be upon him) to bear witness to his gift, he said, “I do not bear witness to injustice.” It is not permissible to give gifts to some of his children to the exclusion of others. He should have distributed his property among his children according to their shares in inheritance. He could have given the male a double share of that of the female. There is nothing to disallow this. But it is not permissible to exclude the daughters totally. Therefore, if this case is taken to a Hanbilite judge, he will invalidate it. The Malikites and the Shafi`ites validate such a gift; but the Hanbilites do not, and this is closer to the text and more proper. As for the documents, all the heirs have a right to have them. Thus, the judge before whom the case is submitted should demand the heirs who possess these documents to bring them, because no one has the right to possess them to the exclusion of others. Allah knows best.
Where is Allah?
Can we ask, “Where is Allah?” and ask if He is high above His creatures? Is this a sort of anthropomorphism- may Allah save us from it? What should be our position toward those who disallow this question claiming that Almighty Allah is nowhere and that whoever says this is an anthropomorphist and a heretic?
Almighty Allah described Himself as being high. He said, “Highly exalt the Name of your Lord, the Most High” and said, “He is the Most High and the Most Great.” Thus, none can doubt that Almighty Allah is high and it is not permissible for a Muslim to say otherwise. But you cannot ask “How”? In a hadith Ahad (a Hadith which at some point in the chain has only a single narrator, a man wanted to emancipate his slave girl and thus he came with her to the Prophet (peace and blessings be upon him), who said to her, “Where is Allah?”
There is no other report where the Prophet (peace and blessings be upon him) asked this question. None of the salaf (early pious predecessors) asked this question. Thus, such kind of questions is not required. You should read the verses of affirmation and the verses of negation. The verses of affirmation are to be perceived as they are. The verse of negation is “There is nothing that is anything like Him.” You should not engage in such matters, for they are of no practical benefit. On the Day of Resurrection Allah will ask you about your deeds, not about His Divine Self. Thus, you have to believe in the characteristics of Allah. This was undeniably the position of the salaf.
Al-Tufi said, “The position of Ahmad and all other prominent scholars among the salaf is to regard them (the characteristics of Allah) as they are and not delve into them, and to keep silent.” None should say anything in this regard, as Abu Nu`aym, Sheikh al-Bukhary, said. Explaining the verse that reads “Then He settled Himself over the Throne. He causes the night to enveil the day.” [7:54], Ibn Kathier quoted him as saying, “We should regard them as they are and not delve into them, believing in the transcendence of Almighty Allah over anything that comes to one’s mind.” These are the words of Abu Nu`aym, Sheikh al-Bukhary, Ahmad and Yahya ibn Ma`een.
Hence, to disagree over such an issue and stir up arguments about the place and time of Allah’s actions was not a norm of the salaf. This, rather, disagrees with their norms. You should say nothing. Just read them as they are. You have to have the same belief the salaf had – no more, no less. Read the verses that affirm the highness of Almighty Allah. You say in your Prayer “Glory be to my Lord, the Most High.” In negation you read “There is nothing that is anything like Him. And He is the all-Hearing, the All-Seeing.” This is what is required from you and do not engage in futile arguments. Allah knows best.
Can I Marry My Cohabitant?
I have an unmarried younger brother who had illicit sexual intercourse with an unmarried girl. He wants to marry her for one month and then divorce her. He also wants her to take the contraceptive injection for one year so that their affair should not be discovered, a matter that will cause undesirable results. I know that there is a difference of opinion over the ruling of marrying a woman who had illicit sexual intercourse and over the ruling of marrying with the intention of divorce. Should we give preponderance to divorce in this case, weighing up the benefits and harms? Those who are concerned agree that there is some benefit – in order to conceal their affair and not to cause problems for her – if he should marry her for a certain period of time away from the family, and then divorce her. What do you advise?
All praise is due to Allah. Peace and blessings be upon the Messenger of Allah. The issue is controversial, but the principle is that it is permissible to marry a woman who had illicit sexual intercourse, though scholars differed over the necessity of her repentance. There is also a difference of opinion concerning the issue of seeking the clarity of her womb; that is, whether it is permissible to marry her before seeking the clarity of her womb with one period, or having to wait until after this. This is a controversial issue.
Al-Shafi`i and Abu Hanifah maintained that it is permissible to marry her before seeking the clarity of her womb. Imam Ahmad and Malik maintained that it is a must to seek the clarity of her womb first, but they differed whether this should be with one or three instances of menstruation. This opinion is based on the hadith that reads “He who believes in Allah and in the Last Day shall not water the seeds of someone else (a figurative expression for having sex with a woman who might have conceived from a previous sexual relation.)” [Reported by Abu Dawud (2158) and al-Termidhy (1131).] But in this case the seed is his.
Thus, he may marry her. But it will be more proper to wait until she menstruates. `Umar (may Allah be pleased with him) wanted to marry a woman to a man who had illicit sexual relation with her after he had applied the prescribed penalty on them. This is an authentic report (see al-Musannaf by Ibn Abu Shaybah 3:52; Sunan al-Bayhaqi 7:155; al-Muhalla 10:28; Mawsu`at Fiqh `Umar ibn al-Khattab, p.649-50.) Therefore, I see that he may marry this woman to conceal their past affair and that he should ask her to repent to Allah, the Almighty.
As for the intention to divorce her, if he does not pronounce it at the time of concluding the marriage and they have not mutually agreed on this, it will have no effect, according to the majority of the scholars. He can marry her with the intention of divorcing her provided that such an intention should not be included in the marriage contract by saying something like “I marry you for such and such period of time”. Such an inclusion will make it a sort of the unlawful temporary marriage. However, before the marriage he should demand her to repent; and when he perceives her repentance, he may marry her. He also should not state a time limit for the marriage when concluding it. Then, he may divorce her whenever he likes. What he will do in the future is not to be taken into consideration in this regard. Moreover, he, together with the family of this woman, should admonish her to fear Allah, the Almighty.
Nevertheless, should he intend to continue the marriage with her, this will be better. Perhaps Almighty Allah will amend their affairs and guide them to make up for what they spoiled in the past by making sincere repentance to Him, as illustrated in the hadith that reads “He who repents from a sin is like the one who committed no sin.” [reported by Ibn Majah (4250) with a good chain of narrators.]
Why Are Not Muslim Countries United?
These days the Muslim nation suffers from insecurity. We call upon disbelieving countries to solve our problems and lift injustice. If European countries have their own armies and nonetheless joined NATO, why do Muslim nations not establish one strong army to protect their peoples against any external aggression and at the same time to stop the dangers they face. Then there will be no need to invite America or any other power to help. Is this a good idea?
All praise is due to Allah. Peace and blessings be upon the Messenger of Allah. The issue you are talking about is vital. It seems that you have posed this question and presented these ideas because you believe in the importance of solidarity between the members of the Muslim nation. But we would like to say that solidarity between the members of the Muslim nation and between Muslim countries suffers from problems that are obvious to the naked eye. There are several reasons:
First, Muslims’ negligence of the teachings of their religion, particularly those related to the social system as prescribed by Islam. Almighty Allah said, “And do not quarrel [among yourselves], or else you will become fainthearted and your strength depart.” [8:46] In a prophetic hadith Muslims are described as being like “one building whose parts reinforce one another.” [Reported by al-Bukhary (481) and Muslim (2585)] This solidarity took the shape of having one ruler and one sovereignty for the Muslim nation, known as the caliphate.
This was the case before the ummah (Muslim nation) became divided on ethnical, racial and geographical grounds. Hence, the basic principle is that the ummah ought to be under one banner and one ruler. This is the basic principle prescribed by Islam. But the status quo shows that the ummah has been disunited for a long time, its enemies have grown significantly, and its magnificence has declined.
Second, recession in the field of industries and other aspects of material progress.
Third, the ceaseless, fierce campaign launched by the enemies of the ummah, especially western allies, under different pretexts – sometimes under the pretext of regaining Jerusalem from the Muslims through the crusade efforts, sometimes under the pretext of colonialism, and sometimes under the pretext of training the ummah and the enforcement of democracy. We should be aware of all of these.
Nevertheless, questioner, in a moment of conscience after the eruption of the fire in Al-Aqsa Mosque in 1969, the Organization of Islamic Conference was formed to represent a sort of the solidarity which you and we all call for; but the international powers have been watching and weakening its influence and vigor to form a strong united Muslim front. Thus, the organization has grown weak and regional interests have gained precedence. But this organization still gives a hope for the unity and the federation you called for. Your suggestion is reasonable. The ummah should have one army to protect it. It needs no foreign armies or interference in any form. But, unfortunately, I have to say that these days, this strong federation is far-fetched, considering the circumstances we live in. However, we ought not to despair of Allah’s mercy “For, most surely, none despairs of Allah’s mercy except the disbelieving people,” [12:87] Also He said: “And who desponds of the mercy of his Lord but those who are astray?” [15:56] We still have the hope that every person in the ummah will work and try to achieve this solidarity, even through a good word, a useful economic project, or an idea that can help the ummah to get rid of colonization. This is all I want to say.