Sunday, 22 December 2013

MISEDUCATION AND FALSELY EDUCATED PEOPLE



MISEDUCATION AND FALSELY

 EDUCATED PEOPLE


What is miseducation and what is your advice to the youth who are in love with those who impersonate students of knowledge?

By: Al-Alammah , Ash-Shaykh Salih ibn Fawzan Al-Fawzan (May Allah preserve him)

Miseducation

Miseducation  is to proclaim to have knowledge. The person claims to have knowledge, but he isn’t knowledgeable. He hasn’t studied with  the scholars. He has only taken knowledge from reading books. This make- believe caller doesn’t stand on any knowledge based principles. Rather, he has only read books and then he goes with his own understanding. In most cases he makes mistakes in issues more than he is correct about.

Falsely educated people:

The Falsely educated person is dangerous to himself and hazardous to others, because he acts fraudulently with Allah’s religion. If a person came to a people and said: “I’m a doctor.” I can treat (this patient or disease), but he doesn’t have any medical degrees. This person hasn’t any single credentials in medicine. Could he be allowed to give therapy?  Could he be allowed to perform surgery and open someone’s stomach - perform an operation on the heart? This is impossible, as well as, this is dangerous, therefore, how can a falsely educated person be allowed to play with Islam?! Acting fraudulently with Allah’s religion is more serious - than playing with someone’s body. Falsely educated individuals need to fear Allah! And refrain from speaking about Allah, without knowledge.  Allah placed speaking about Him ignorantly above Shirk.

“ قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالْإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لَا تَعْلَمُونَ

 “…Say! Indeed my Lord has forbiddenAl-Fawahish(great evil sins, every kind of unlawful sexual intercourse, etc.) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allah for which He has given no authority, and saying things about Allah of which you have no knowledge.”(Al-A-raf 33)
It is must for those impersonators to fear Allah! And study… They need to learn (the Deen), before they speak.

(This article has been translated in spanish language, click here to check it out)

Courtesy of Alwaraqat.net
Translated by Abu Aaliyah Abdullah ibn Dwight Lamont Battle
Doha, Qatar
1434
Source: http://abuaaliyah90.blog.com/2013/11/04/miseducation-and-falsely-educated-people/


Texto in arabic:  


ما هُوَ التّعَالُم؟ ومَا نَصِيحتُكم للشّبَاب المَفْتُون بالمُتَعَالِمِيْن؟ العلامة صالح بن فوزان الفوزان -حفظه الله-
ما هُوَ التّعَالُم؟
ومَا نَصِيحتُكم للشّبَاب المَفْتُون بالمُتَعَالِمِيْن؟
يجيب الشيخ العلامة
صالح بن فوزان الفوزان 
-حفظه الله-
ما هُوَ التّعَالُم؟
تفريغ يقول السائل:ما هُوَ التّعَالُم؟ ومَا نَصِيحتُكم للشّبَاب المَفْتُون بالمُتَعَالِمِيْن؟الجواب:التعالم: ادعاء العلم، ادعاء العلم، أن الإنسان يدعي العلم وهو ليس بعالم لم يسبق له أن تلقى العلم عن العلماء، وإنما تلقى العلم عن الكتب، والمطالعة فقط، وليس عنده قواعد علمية يبني عليها وإنما يطالع في الكتب ويمشي على فهمه، وقد يكون ما يخطئ فيه أكثر مما يصيب هذا هو.
المتعالم: وهو خطر على نفسه وخطر على الناس لأنه يتلاعب بدين الله -عز وجل-، لو خرج واحد على الناس وقال: أنا طبيب أنا دكتور أنا أعالج وهو ما معه شهادات طبية ما معه شهادات طبية هل يُمَكّن من العلاج؟ هل يمكن من الجراحة وشق بطون الناس والعمليات وإجراء العملية في القلب؟ ما يمكن هذا لأن هذا خطر، فكيف يُمكّن هذا المتعالم يتلاعب بالدين! التلاعب بالدين أشد من التلاعب بالأبدان، فيجب على هؤلاء أن يتقوا الله وأن لا يقولوا على الله بغير علم فإن الله جعل القول عليه بغير علم فوق الشرك.

(قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالْإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لَا تَعْلَمُونَ)فيجب على هؤلاء أن يتقوا الله وأن يتعلموا أولا، يتعلموا قبل أن يتكلموا . نعم "اهـ

Thursday, 19 December 2013

Pamphlet: ‘The ruling on celebrating New Year’s and Christmas’

Pamphlet: ‘The ruling on celebrating

 New Year’s and Christmas’

حكم الاحتفال براس السنة الميلادية وعيد الكريسماس

In the Name of Allah the Most Gracious the Most Merciful
Attached is a pamphlet entitled: ‘The ruling on celebrating New Year’s and Christmas’. It contains Fatwa from Shaykh Ibrahim Aali Shaykh, Shaykh bin Baz, Shaykh Uthameen, and Shaykh Fawzan. If you know an Arabic speaker who can benefit from this, download, print, and distribute. 

source: http://mtws.posthaven.com/hkm-lhtfl-brs-lsn-at-lmyldy-at-wyd-lkrysms

How could a Muslim celebrate Christmas and New Year’s? – By Shaykh Uthaymeen




How could a Muslim celebrate

Christmas and New Year’s?


Shaykh ibn Uthaymeen (rahimahullaah) :
Then what is worse than that; is some Muslims celebrate the New Year, and they glorify it and venerate it, and it is connected to the religious occasion of the Christians; which is; what? The birthday of the Messiah Eesa ibn Maryam peace be upon him. Thus celebrating New Year’s Eve, yes, in relation with the birth of the Messiah; this is rejoicing with their religious rites and practices. And rejoicing with kufr practices—if the person who is pleased with this is safe from disbelief—then it is as ibn Al Qayyim, may Allah have mercy upon him said in his book, ‘the ruling on the dhimmi’ it is more severe than being pleased with drinking alcohol and worshiping the cross.
Thus the affair is very dangerous O brothers. It is not permissible for the person to celebrate Christmas; if he is a Muslim. And it is not permissible for him to congratulate them for this holiday; if he is a Muslim. And it is not permissible for him to respond to this greeting if they congratulate him for this holiday; if he is a Muslim.
Subhan’Allah! Shall we congratulate them for a holiday which is considered as a religious practice? And is this anything other than being pleased with disbelief? But most of those who congratulate them do not intend to exalt their religion or practices, but rather they only intend what; to be courteous. And this is incorrect.
If someone says; I am courteous to them because they are courteous to me and they congratulate me for Eid Al-Fitr and Eid Al-Adha. We say: Alhamdulillah. If they congratulate you with Eid Al-Adha and Eid Al-Fitr, then they have congratulated you for legislated holiday, which Allah has made for His slaves. And it is mandatory for Eid Al-Adha and Eid Al-Fitr to be their holidays, because it is obligatory upon them to accept Islam. But if you congratulate them for Christmas then you are congratulating them for a holiday which Allah has not designated as a holiday.
Thus Christmas has no basis in history and it has no basis in the religious legislation. Eesa ibn Maryam did not command them to establish this holiday. Thus it is either that, which was entered into the religion of the Messiah as innovation and misguidance, or it was prescribed in the legislation of Eesa ibn Maryam but it has been abrogated by the legislation of Islam. Therefore it has no basis by any estimation. Because if we said it is from the innovation of the Christians and it is not from their legislation; then it is misguidance. And if we said it is from their legislation, then it has been abrogated; and to worship Allah with an abrogated religion is misguidance; thus it is misguidance by any estimation. And because it is misguidance, how is it befitting for me—while I am a Muslim—to congratulate them for it?!
And we have answered the issue of them congratulating us for our Eid and us not congratulating them for their holiday because our Eid has been legislated by Allah the Exalted; while their holiday is not legislated. This is because it has either been fabricated in their legislation or abrogated by our legislation.  Thus it has no basis in any regard.
Translated by Rasheed ibn Estes Barbee
Masjid Tawheed wa Sunnah

WAS IT THE BELIEF OF THE SALAF TO REJOICE AT THE DEATH OFTHE INNOVATOR



 WAS IT THE BELIEF OF THE SALAF
TO REJOICE AT THE DEATH
OF THE INNOVATOR

By: Shaykh Saalih al-Fawzan

Question:

O noble shaykh may Allaah protect you. The questioner ask: was it the belief of the salaf to rejoice at the death of the innovator?

Answer:

The salaf would ask for the guidance of the innovators and people of misguidance. They would supplicate for their guidance. As for rejoicing over theirdeath, then I don't know anything regarding that, but they would supplicate for theirguidance and they would refute their doubts.

Translator: Abu Anas Atif Hasan


السلف كانوا يسألون الهداية للمبتدعة

السؤال: هل كان من معتقد السلف أنهم كانوا يفرحون بموت المبتدعة؟

الجواب: السلف كانوا يسألون الهداية للمبتدعة وأهل الضلال، يدعون لهم بالهداية وأما أنهم يفرحون بموتهم فلا أعلم شيء من ذلك، لكن يدعون لهم بالهداية ويردون على شبهاتهم. نعم.

http://www.alfawzan.af.org.sa/node/14209

http://al-binaapublishing.posthaven.com/was-it-the-belief-of-the-salaf-to-rejoice-at-the-death-of-the-innovator

audio
This article has been translated in spanish language here

Wednesday, 18 December 2013

Umm Sulaym as mother

 
Umm Sulaym as mother
 
A Girl's Whispers | via Tumblr
 
 
Umm Sulaym (may Allah be pleased with her) accepted Al-Islam and she mentioned that:
 
Abu Anas came after being away and he said: “You have become one who has no religion.” She responded by saying: “I did not, rather I believe in this man.” She began to teach Anas; she would say to him: say: “Laa Ilaaha Illallaah”, say “I bear witness that Muhammad is the Messenger of Allah.” Anas ibn Maalik (may Allah be pleased with him) said it. His father said to her: “Do not corrupt my son.” She would respond by saying: "Indeed I am not corrupting him."
 
Benefits from this:
 
1. The companions of the Prophet (sallallaahu alayhi wa sallam) used to command their children with the Tawheed of Allah and the following of the Sunnah of the Prophet (sallallaahu alayhi wa sallam).
 
2. When a parent accepts Islam, the parent should encourage the child/children to say the two testimonies of faith.
 
3. Refuting those who speak ill of Islam.
 
4. Teaching Islam does not corrupt the people, rather it brings about the rectification of the people.
 
5. The enemies of Islam of the past sought to extinguish the light of Allah with their mouths by speaking ill of Islam and distorting the image of Islam.
 
6. The enemies of Islam today use the same tactics, which they have learned from their evil predecessors, against the call of Islam.
 
7. The command to save oneself and family from the hell-fire was being implemented by Umm Sulaym.
 
8. Umm Sulaym is one of the good examples from the Sahaabiyyaat of a mother.
 

Source: Siyar A’laam an-Nubalaa 2/305

Monday, 16 December 2013

Whoever safeguards the prayer for forty days...

Whoever safeguards the prayer for forty days...
 
Shaykh Rabee bin Haadee Al-Madkhalee (May Allah preserve him) was asked regarding the following Hadeeth.
 
Q: The Prophet ( May the prayers and peace of Allah be upon him) said : Whoever safeguards the prayer for forty days, it is written for him Baraa’atan ( i.e he is declared free from two things); he’s declared free from the fire, and from hypocrisy, or as the Prophet (May the prayers and peace of Allah be upon him) said?
 
A: The hadeeth is on the authority of Anas bin Maalik, he said that the Prophet (May the prayers and peace of Allah be upon him) said: Whoever prays forty days in congregation, wherein he catches the first Takbeer, it is written for him Baraa’atan, (he is declared free from two things); he’s declared free from the fire, and from hypocrisy.(Collected by At-Tirmidhee and was graded authentic by Al-Albani by gathering all it’s chains). We ask Allah to allow all of us to achieve that.
 
 And this affair is something which is difficult, it requires fighting ones self, and serious diligence. This will not be easy for us except if we (leave) early for every prayer. The athan isn’t called except that a person is around the masjid or in it. (When that is done) then this will be easy for him Allah willing, therefore be diligent upon this good!
 

Sunday, 15 December 2013

The Man And His Wife Cooperating Upon Good

The Man And His Wife Cooperating Upon Good
 
Flowers + innocence
 
al-’Allaamah Shaykh Muqbil ibn Haadee al-Waadi’ee ( 
“May Allaah bless you all – It is a must that we all cooperate upon good, the man should treat his wife according to the manners of Islaam, and he should aid her upon seeking knowledge, and aid her upon calling to Allaah.
Similarly, the wife should treat her husband in accordance with (the treatment of) Islaam; she should aid him upon seeking knowledge, and aid him upon calling to Allaah and in the proper management of the home.
For indeed, Allaah azza wa jall said, “Help you one another in al-Birr and at-Taqwaa (righteousness and piety); but do not help one another in sin and transgression.” [Soorah al-Maa'idah (5):2] And Allaah’s Help is sought.
[Quoting from his work:  “Majmoo' al Fataawa an-Nisaa'iyyah of Shaykh Muqbil”]
_
Taken from: 
www.sahab.net/home/?p=724
_
قال العلامة الشيخ مقبل بن هادي الوادعي رحمه الله تعالى :
 بارك الله فيكم – فينبغي أن نتعاون جميعا على الخير ، الرجل يعامل امرأته معاملة إسلامية ويعينها على طلب العلم ويعينها على الدعوة إلى الله ،
والمرأة تعامل زوجها معاملة إسلامية وتعينه على العلم وعلى الدعوة إلى الله وعلى حسن التدبير لما في البيت .
فإن الله عزوجل يقول: (( وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الْأِثْمِ وَالْعُدْوَانِ )) (المائدة: من الآية2) والله المستعان

[نقلا من كتاب ” مجموع الفتاوى النسائية للشيخ مقبل الوادعي 

Sunday, 8 December 2013

The women who have to most blessings...

Sweet♡
Aishah رضي الله عنها said: “The women who have the most blessings are those who are the easiest to look after.”

—     [Musnad (no.25120)]

Tuesday, 3 December 2013

Music and the downfall of the nation



Music and the downfall of the nation


بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد


Ibn al-Qayyim رحمه الله said:

“And it is known, to the specific and the people in general, that the Fitnah of listening to music and singing is greater than the Fitnah of lamenting* by a large degree.

And what we have witnessed, we and those other than us, and what we came to know through experience is that: Singing and musical instruments have not appeared in a nation, and it spread among them, and they got busy in them, except that Allaah تعالى allowed the enemies to overpower them and afflicted them with famine, poverty and corrupt rulers.

The person of sound intellect contemplates and sees the state the world is in – and Allaah’s help is sought.”

[Madaarij al-Saalikeen (1/496)]

*Lamenting by wailing loudly, beating the cheeks and tearing the clothes are from the acts of the days of ignorance (Jaahiliyyah). In those days women were hired to wail at the death of someone.

(This article has been translated in spanish, to read it click here)

Sunday, 1 December 2013

The Regulations of Khul‘: Dissolution of Marriage

The Regulations of Khul‘: Dissolution of Marriage

Author:Shaykh Saalih bin Fawzan bin ‘Abdullah al-Fawzan
Source:His Book Al-Mulakhas al-Fiqhee: vol. 2, pg. 381-385
Produced by:
al-manhaj.com
Al-Khul‘ is the separation of a husband from his wife, while receiving a return (of monetary gain from her) and using specific statements (to bring about the dissolution of the marriage).
Al-Khul‘ (literally removal or shedding off) was termed with this (descriptive named) because the woman in essence seeks to remove herself from her husband as she would remove or shed off a garment since spouses are the garments of one another.
Allaah, the Most High says (what means): “It is made lawful for you to have sexual relations with your wives on the night of fasting. They are a Lîbaas (i.e. body cover) for you and you are a Libaas for them.” [Surah Al-Baqarah: 187]
It is commonly held that marriage is what binds the spouses together and cultivates a relationship built upon Ma‘roof (righteousness in all of its forms). Stemming from this relationship a family takes form and a new generation is produced.
Allaah the Most High says: “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” [Surah Ar-Room: 21]
When this (relationship) is not attained in the marriage – affection and repose is not achieved for one or both of the spouses’ and the situation is foreboding with little chance of reconcilement then the husband is ordered to release her in kindness.
Allaah the Most High says: “…either you retain her on reasonable terms or release her with kindness.” [Surah Al-Baqarah: 229]
“But if they separate (by divorce), Allaah will provide abundance for every one of them from His Bounty. And Allaah is Ever All­ Sufficient for His creatures' need, All­ Wise.” [Surah An-Nisaa: 130]
But if the husband finds repose and comfort, but the wife does not find the same in him as a result of her disliking his traits, physical appearance, deficiency of religion or she fears that she would displease Allaah by not fulfilling his (husband’s) rights and needs; then in this case she may request a separation and dissolution from him while extending to him an offer of monetary gain so as to liberate herself from him.
Allaah the Most High says: “…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Al-Khul').” [Surah Al-Baqarah: 229]
This means:
That if the husband or the wife know that they will not fulfill the ordainments of Allaah towards each other if they remain in union, leading to the transgression of the husband on the woman, causing her to disobey him (refuse his cohabitation), then there should be no harm in the woman liberating herself from him by appeasing him financially (to gain discharge). There is also no harm in the husband accepting the remuneration and then letting her go.
The Ruling of al-Khul‘:
The woman can free herself from her husband completely in a just process that is beneficial to both parities. The husband is to cooperate with her in this regard. If he loves her then it is preferred for her to remain with him and have Sabr and not seek to separate.
Khul‘ is Mubaah (permitted) when the proper reasons – alluded to in the previous verses are found. These reasons include both parties fearing that if they remain in union that they will not fulfill the ordainments of Allaah towards each other. (On the other hand) it is Makrooh (disliked) and in the opinion of some scholars it is Haraam (prohibited) to seek Khul‘ without due cause. To this effect, Allaah’s Messenger (saws) said:
“Any woman who asks her husband for a divorce (khul‘) without due cause, then the scent of Paradise is Haraam for her (i.e. she will not smell it).”
[Reported by the five except an-Nasaa’ee] [1]
Shaikh Taqee-ud-Deen (Ibn Taimiyyah) said: “The Khul‘ which is in accordance to the Sunnah is that the woman has an abhorrence to the man (her spouse). She ransoms herself from him in the same way a captive is ransomed.” [2]
If the husband hates her but retains her hoping that she will seek to ransom herself (in so doing producing a profit for himself) then he is Dhaalim (Oppressive and tyrannical). Any monetary gain he receives is thus Haraam and the Khul‘ is invalid (i.e. he is to divorce her and not do Khul‘). Allaah, the Most High says:
“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them…” [Surah An-Nisaa: 19]
This means that no harm should be inflicted while living together so as to compel her to give back the dowry or not ask for a marital right that she is due by her husband unless it is a censure from the husband to a woman who has fornicated and he seeks to take back what he had graced her with. This instance is sanctioned by Allaah. Allaah says:
“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse.” [Surah An-Nisaa: 19]
Ibn ‘Abbaas (raa) said explaining this verse:
“This verse pertains to a man who has a woman whom he hates to be in companionship with but he owes her payment of her dowry. So he harms her so that she will relinquish seeking the dowry from him so as to free herself from him. Allaah has prohibited this action when He said: ‘…unless they commit open illegal sexual intercourse.’ Zinaa (adultery) is what is implied. In this instance the husband can take back what he had given her as dowry. He is to compel her to relinquish all the dowry he gave to her and then grant her the Khul‘.”
The Evidence for the Permissibility of al-Khul‘:
The evidence for the permissibility of al-Khul’, when there is a valid cause for it, can be found in the Qur’aan and Sunnah and the Ijmaa‘ (consensus of the scholars):
As for the Qur’aan, we find evidence in the previously mentioned verse wherein Allaah says:
“…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Khul').” [Surah Al-Baqarah: 229]

As for the Sunnah, then we find in the authentic narrations:
Narrated Ibn 'Abbas (raa): The wife of Thaabit bin Qais came to the Prophet and said, "O Allaah's Apostle! I do not blame Thaabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him)." On that Allaah's Apostle said (to her): "Will you give back the garden which your husband has given you (as Mahr)?" She said, "Yes." Then the Prophet said to Thaabit, "O Thaabit! Accept your garden, and divorce her once." [Al-Bukharee] [3]

As for Ijmaa’, then we note that Ibn ‘Abdul-Barr (rahimahullaah) stated: “We do not know of anyone who disagreed (on the validity of Khul‘) except al-Muznee - he is the only one who has stated that the verse [Al-Baqarah: 229] was abrogated by: ‘But if you intend to replace a wife by another and you have given one of them a Qintar (of gold i.e. a great amount) as Mahr, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?’ [Surah An-Nisaa: 20]”
The following Shuroot (prerequisites) must exist to ensure the validity of al-Khul‘:
1. A valid (legally acceptable) remuneration must be extended
2. The remuneration must be to the spouse who can (is the one to) agree to the separation
3. The husband is not allowed to treat the woman harshly – except where deemed proper – so as to force her to pay him
4. The separation is to be stated with the expressed articulation of Khul‘. To use the statement of Talaaq or that which is known to be a statement of Talaaq with the intention of Talaaq is to be counted as Talaaq (and not a khul‘), which eliminates the man’s power to reclaim her as his wife. He may remarry her with a new ‘Aqd (marital contract and Dowry) even if she has not taken a husband other than him as long as he has not pronounced Talaaq thrice upon her
5. If the man pronounces the separation with the statement as that of Khul‘ or Faskh (dissolution) or ransom (yourself from me) – and does not intend divorce then it is a dissolution of marriage that is not incorporated in the Talaaq count. This is reported from Ibn ‘Abbaas. His proof was from the following verses.
Allaah the Most High says: “The divorce is twice…” [Surah Al-Baqarah: 229]
Then later on Allaah said: “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” [Surah Al-Baqarah: 230]
So notice Allaah mentioned two divorce pronouncements, then mentioned the Khul‘ then mentioned another divorce pronouncement. Therefore we assess that Khul‘ does not count as a Talaaq pronouncement or else the count would be four (exceeding the limit of three).

Footnotes:

[1] Reported from Thawbaan by Abu Dawood (2226), at-Tirmidhee (1190) and Ibn Maajah (2055).
[2] Majmoo‘ al-Fataawaa (32/282)
[3] Reported by Al-Bukhaaree from Ibn ‘Abbaas [(Arab) vol. 9, pg. 389, no. 5273 and ( Eng. ) vol. 7, no. 197]  

Is Khul’ considered a Divorce Pronouncement?


Is Khul’ considered a Divorce Pronouncement?
 
By Shaikh-ul-Islaam Ibn Taimiyyah (rahimahullaah)

From Majmoo' al-Fataawaa (vol. 32, pg. 289 – 290, 292)

[Begin Quote from Page 289]

He (rahimahullaah) was asked about al-Khul‘:
 
“Is Khul‘ considered divorce and is it counted as o­ne of the three divorce pronouncements? Is it (Khul‘) still considered valid without intending divorce and saying the word Talaaq (or its equal)?”

He (rahimahullaah) answered:

This issue has been an issue of great dispute between the Salaf (predecessors) and the Khalaf (contemporaries). The famous opinion in the Madhhab of Al-Imaam Ahmad and his companions is that it (khul‘) is a permanent separation and complete dissolution of the marriage that is not to be incorporated as being from the three Talaaq pronouncements.

Therefore if the man was to perform Khul‘ ten times (to the same woman, remarrying her after each Khul‘) then this is allowed for him as long as he remarries her with a new wedding contract (and its requisites – Dowry, etc.) even if she has not wed another man other than him (between each consecutive remarriage). This is also o­ne of the reported statements of Ash-Shafi‘ee. This has also been chosen and sponsored by a large majority of the Sahaabah. Another group of Sahaabah sponsored it but did not choose it. This is the position of the Jumhoor (overwhelming Majority) of the Fuqahaa of Hadeeth – Ishaaq bin Rahawiyah, Abu Thawr, Dawoud, Ibnul Mundhir, and Ibn Khuzaymah. It is also authentically established as a statement of Ibn ‘Abbaas (radyAllaahu ‘anhu) and his companions – Tawoos and ‘Ikrimah. The second opinion (claims) that it (khul‘) is to be counted as o­ne of the three divorce pronouncements. It is (also) reported as the statement from many amongst the Salaf. It is the opinion of Abu Haneefah, Maalik and o­ne of the opinions of Ash-Shafi‘ee. Some claim it was his most recent verdict. It is also reported as o­ne of the statements of Ahmad. They report narrations from ‘Umar, ‘Uthmaan, ‘Alee and Ibn Mas‘ood (to support their position). But we find that Imaam Ahmad and numerous others from the Imaams of Knowledge of Hadeeth (Scholars of Hadeeth) – Ibnul Mundhir, Ibn Khuzaymah, al-Bayhaqee and others – have declared (with evidence) that the narrations attributed to them (‘Umar, ‘Uthmaan, ‘Alee and Ibn Mas‘ood) are da‘eef (Weak and unsubstantiated). The o­nly authenticated narration is that which is reported from Ibn ‘Abbaas (radyAllaahu ‘anhu) that Kkul‘ is Faskh or dissolution and not Talaaq. Ash-Shafi‘ee himself stated we do not know the condition of the reporter of the narration of ‘Uthmaan – whether he is Thiqah (trusted) or other than Thiqah?

Therefore we establish that they (the holders of the second opinion) did not authenticate the narrations attributed to the Sahaabah. o­n the other hand they admitted that they did not know the authenticity of the narrations.

Further, we know that no o­ne from the scholars authenticated those narrations attributed to the Sahaabah stating that Khul‘ was to be counted (and dealt with) as an irrevocable Talaaq that is counted as o­ne of the three pronouncements.

Furthermore, we report the Saheeh narration that ‘Uthmaan ordered a woman in the state of Khul‘ to wait o­nly o­ne menstrual cycle (before remarrying) to have Istibraa’ (prove that she is not pregnant from the previous husband). He stated to her: “You do not have ‘Iddah or waiting period (other than Istibraa’).” This proves that he deemed khul‘ a complete separation that was not divorce, since (the regulations of) Talaaq for the woman who has been entered upon (cohabited with her partner) that she must wait three Quroo’ (menstrual cycles) as is explicitly stated in the Qur’aan and the consensus of the Muslims (scholars). This of course is dissimilar to the state of Khul‘.

In the authentic Sunnah and Athaar (narrations) of the Sahaabah, we see that the waiting period is Istibraa’. That is the opinion of Ishaaq, Ibnul Mundhir and others. It is also o­ne of the two reported statements of Ahmad. Ibn ‘Abbaas also permitted the return of a woman who had been divorced twice and was separated finally with a khul‘ to return to her husband without marrying another man before returning to him. Ibraheem bin Sa‘d bin Abee Waqaas asked Ibn ‘Abbaas about this issue when he was appointed by Az-Zubair as the custodian of Yemen. He said to Ibn ‘Abbaas (radyAllaahu ‘anhu) that the majority of Talaaq in Yemen was that of Fidaa’ – woman ransoming herself or Khul‘. Ibn ‘Abbaas (radyAllaahu ‘anhu) responded: “To pay to dissolve the marriage is not Talaaq. People have erred in labeling it.” Ibn ‘Abbaas then recited: “The divorce is twice, after that, either you retain her o­n reasonable terms or release her with kindness.

And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other o­n a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin o­n either of them if she gives back (the Mahr or a part of it) for her Khul' (divorce). These are the limits ordained by Allaah, so do not transgress them. And whoever transgresses the limits ordained by Allaah, then such are the wrongdoers. And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” [Surah Al-Baqarah: 229-230]

Ibn ‘Abbaas then said: “Allaah mentions after (sanctioning) al-Fidyah or Khul‘ after two pronouncements of divorce that if “he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” This incorporates al-Fidyah specifically and other than it in general. If Fidyah (Khul‘) were counted as Talaaq then the count would have been four. This is also the famous statement reported from Ahmad and from the companions of Ibn ‘Abbaas.. 

[End quote from page 290]

[Begin Quote from Page 292] 


Those from amongst the Fuqahaa who followed what was (erroneously) attributed to the Sahaabah that Khul‘ is to be counted as an irrevocable Talaaq were under the impression that they were authentic narrations. They did not posses the ability (resources) to be critical of these particular Athaar and distinguish the Saheeh from the Da‘eef. o­nly Imaam Ahmad (at that time) and his peers from like caliber scholars possessed the resources to weed out those narrations. Therefore those who reported the statements of the Sahaabah who differed with Ibn ‘Abbaas and his companions from the Sahaabah did not know that there was nothing authentically reported to dispute his authentically reported narrations. [1]
[End Quote from Page 292]
Footnotes:
[1] Translator's Note: For further analysis and discussion see Zaad al-Ma‘aad of Shaikh-ul-Islaam Ibnul Qayyim (rahimahullaah). See volume 5, page 150 – 156 Translated By Yahya Ibrahim

Questions & Answers on Khula'


Questions & Answers on Khula'

Ours Fingersprint∞

Thursday, 06 January 2011 18:14 Abu Abdullah

The following questions were asked for me by brother Abduililah Lahmami (student of Shaykh Obayd) to the esteemed Shaykhs Muhammad Abdulwahaab al Banna and Shaykh Obayd al Jaabiri.

As Salaamu Alaikum wa Rahmatu Allah wa Barakatuh: Oh esteemed Shaykh, may Allah T'ala reward you and preserve you. I humbly ask you Shaykh  to please benefit me and those that I share this with answers to the following important matter as it is rampant here in my town. Jazak Allahu Khair.

The following answer to these questions are from Shaykh Muhammad Abdulwahaab al Banna

Question: In dar kufr does the imam have the right to grant khul and can someone other than him grant khula?

Answer: If there is not a Muslims leader to return to then it is allowed for you in your situation to go to the Imam of the mosque.

Question: if a wife wants khul and the husband refuses, can he be made to seperate from her and in the land of the kufar who has the right to make this separation?

Answer: The judge after he is presented the information judges whether she has a case for Khul', if she does then it is granted and is binding. If she is not able to live with her husband then she goes to the judge and explains to him the reasons since Islam does not allow a women to be tortured by her husband.

Question: Once the khul is granted is it an immediate divorce and must the woman and man separate or does she reside with him while in iddah?

Answer: There is no 'iddah in Khul' o­nce she gives back the mahr (dowry) and then she is granted the khul' by the judge.

Question: Does she have a iddah of 30 days and may men indirectly express interest until the end of the iddah?

Answer: She is no longer married o­nce the khul' is granted

Question: There have been many khulas granted here in the U.S. while the sister was pregnant and it was finalized, is this permissible?

Answer: Yes

Question: Is there iddah for the woman who was given talaq or had a khula who just had a baby?
Answer: Talaq 'iddah is 3 cycles? Khul' no 'iddah even if she just had a baby.

Question: If the husband delays the salah, is this grounds for khula?

Answer: Khul' Is a serious matter and should not be taken lightly, if the husband commits fornication, drinks alcohol then these are grounds for khul' if the husband does not accept leaving these. Also if he delays the prayer then remind him of Allaah and advise him. o­nce must also consider the fate of the children in rushing to do a khul' since who will be their father?

Question: If the husband leaves the country for another country, can the wife get a khula?.

Answer: I see that the maximum time period is 4 months if he is away for longer than this period and she can't cope then she should tell him to take me with you or leave me.

Question: Does the woman have to cover in front of her husband while in iddah from a khula'?

Answer: There is no 'iddah from a khul'

Question: Is is permissible for a woman o­n salafiyyah to marry a hizbee or continue to be married to a man of deviance (ikhwani) as long as he is not shia, sufi or some other extreme deviance?

Answer: Sorry no answer The next answer is from Shaykh Obayd al Jaabiree

Question: After divorce does the man have to provide money to suport his children or should he just buy what is needed to be sure the child/children gets what they need?

Answer: Yes he must provide for his children after the divorce in terms of dress and money for their well being. As for a place to stay then this is not up to him if he has divorced his wife.

Question: Once last thing Shaykh. In regards to aqeeqah. Does the head of a female child get shaved, I was told it was disliked to do so? And if an aqeeqah can not be afforded now, does o­ne still shave the childs head and all other actions of aqeeqah and slaughter later or is all this done at the time of slaughter? No answer sorry

For those questions that were not answered, they were not asked of the esteemed Shaykhs. InshaAllah answers to them will come.

Saturday, 30 November 2013

Join feet in Salaah?


..

Shaykh Muhammad ibn Saalih al-Uthaymeen:
 
-“If it´s evident that the person who stands besides you in Salaah keeps moving their feet away from you (i.e. refuses to join feet) it is not from the Sunnah for you to move your foot closer (because then you’ll end up standing with widespread feet).”-
 

(Liqaa ash-Shahri 16)

Friday, 29 November 2013

Beware of Mockery

 
Beware of Mockery

'A'isha رضى الله عنها said,
“A man suffering from an affliction passed by some women and they laughed together, mocking him, and so one of them got that same affliction.”
[Âdab al-Mufrad no. 887]

Wednesday, 27 November 2013

Reminder after the burial at the graveyard...


السلام عليكم ورحمة الله وبركاته
Question:  Is it permissible to give a reminder after the burial at the graveyard? 
Answer: 
by ash-Shaikh Dr. Saalih bin Sa’ad as-Suhaymi حفظه الله (Lecturer at the Prophet’s Mosque in Madinah)
 الشيخ العلامة صالح بن سعد السحيمي -حفظه الله تعالى: المُدرس بالمسجد النبوي
No! 
If there’s a need it should be before the burial. To remind people to stick to the Sunnah and stay away from Innovation (Bid’ah). So that this doesn’t turn into a sermons and lectures, rather its just a short admonishment. But after the burial, then No. 
“I saw during my night journey some men whose lips were being clipped with clippers of fire. I said, ‘Who are these people, Jibreel?’ He replied, ‘These are the people from your followers who gave sermons commanding the people with righteousness, yet forgetting to practice it themselves.”
—  The Prophet (sallallaahu ‘alayhi wa sallaam). Source: Sharh us-Sunnah, al-Bayhaqee in Ash-Shu’ab, ibn Abee ad-Dunyaa and others

Wednesday, 20 November 2013

The Worst People of this Nation


The Worst People of this Nation

عَنْ أَبِي هُرَيْرَةَ ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ : شِرَارُ أُمَّتِي الثَّرْثَارُونَ ، الْمُشَّدِّقُونَ ، الْمُتَفَيْهِقُونَ ، وَخِيَارُ أُمَّتِي أَحَاسِنُهُمْ أَخْلاقًا.

Abu Hurayrah reported that the Prophet, (sallAllahu alayhi wa salam) , said, “The worst of my community are those who speak a lot, those who are diffuse in speech and those who fill their mouth with words. The best of my community are the best of them in character.

Bukhari in Adabu Mufrad (1308) graded as being sahih by Al-Albani

Scholarly comments for this subject:

” Those who speak a lot ” refers to the people who constantly talk about things of no importance in Islam.[1]
” Those who are diffuse in speech ” This applies to the person who  constantly chatters and  idly gossips without prudence. [2]
” Those who fill their mouth with words…” This refers to a person who talks at great length. [3]
worst_people

” The best of my community are the best of them in character.” This was mentioned with those who speak a lot, because the one who perfects his character weighs his speech and actions. He rarely speaks about things that don’t concern him. He protects himself from talking too much, gossiping, and talking at great length. The only people described  with these traits are those with bad character, those who are arrogant, and those who make themselves look good at the expense of making others look bad.[4]

[1] Ibn Qayyim in Madraj As-Salikeen( 2/307)

[2] Ibn Athir in An-Nihiyah(1/595)

[3] Al-Amir As-Sanani’ Sharh Jami As-Saghir (6/496)

[4] Ibid

Tuesday, 19 November 2013

TREAT YOUR WIFE HOW YOU WOULD WANT YOUR DAUGHTER TO BE TREATED

Shaykh Ibn ‘Uthaymeen (may Allah have mercy upon him) said,
“…Know that when you deal and interact with your wife then it is mandatory that you think of a [scenario] where a man is the husband of your daughter. How does he treat her? Would you be pleased for him to treat her with harshness and sternness? The answer is no. Therefore, do not be content with treating the daughter of another person in a fashion that you would not be pleased for your daughter to be treated. This principle should be known by all people.”
[Ash-Sharh Al-Mumti’ (vol. 12, p. 381), Translated by Hassan Somali]

How can the believer be content to live in the land of the kuffaar...?

 
How can the believer be content to live in the land of the kuffaar...?
 
Shaykh Ibn ‘Uthaymeen (rahimahullaah) said:
 
How can the believer be content to live in the land of the kuffaar where the rituals of kufr are proclaimed openly and rule belongs to someone other than Allaah and His Messenger, seeing that with his own eyes, hearing that with his own ears and approving of it, and even starting to feel that he belongs there and living there with his wife and children, and feeling as comfortable there as he does in the Muslim lands, even though he and his wife and children are in such great danger and their religious commitment and morals are in such peril?
 

Source: Majmoo’ Fataawa al-Shaykh Ibn ‘Uthyameen, Fatwa no. 388.

Monday, 11 November 2013

Quick tips: Rulings pertaining to the sacrificial offering

Quick tips: Rulings pertaining to the sacrificial offering



بسم الله والحمد لله والصلاة والسلام على رسول الله ، وبعد


1. The time:

The time-frame for slaughtering is four days:

- The first day after the Eid prayer.
- Which continues for three days after it, till sunset on the 13th (of Dhul-Hijjah).
- It is permissible to slaughter in the day as well as the night.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/167)]
******* 

2. In the first 10 days of the month of Dhul-Hijjah, it is not permissible for the one who wants to make the sacrificial offering to:

- Cut his hair.
- Shorten his nails.
- Remove the (dead) skin.
- As for the family of this sacrificer, then it is permissible for them to cut their hair, shorten their nails and remove the skin.

[Fataawa al-Lajnah (11/397)]
*******

3. The age of the sacrificial animal:

- Camel: 5 years.
- Cow: 2 years.
- Goat: 1 year.
- Sheep: 6 months.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/13)]
*******

4. The defects that would prevent the sacrificial animal from being valid and acceptable:

- Clear defectiveness of the eyes (blind in either one of its eyes or any other clear defect of the eyes).
- The sick animal which shows sign of severe illness.
- A crippled/lame animal.
- Emaciation animal that has no marrow (in its bones) and that which causes brain loss due to its slimness and weakness.
- Any defects which are similar to this or severe than this come under this prohibition.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/13)]
*******

5. The person who is authorized to slaughter on behalf of the sacrificer can:

- Cut his hair.
- Shorten his nails.
- Remove the (dead) skin.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/155)]
*******

6. Some people believe that if the one who intends to offer the sacrifice were to cut his hair or shorten his nails or remove the skin during these 10 days of Dhul-Hijjah, then his sacrifice will not be accepted.

This belief is incorrect.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/161)]
*******

7. It is forbiddn to sell something from the sacrificial animal:

- It’s meat, fat, skin and anything else.
- This is because it is part of the wealth which has been spent in the way of Allaah. So it is not permissible to take it back.
- It is not permissible to give from it to the butcher as a complete or partial payment for his services.

[Fataawa Ibn al-`Uthaymeen رحمه الله (25/1)]