Basis for Jurisprudence and Islamic Rulings: Chapter 2
Accountability
45672: Should she wear hijab even though her family
will be harmed because of that?
Question:
What is the ruling on a woman who wears hijab in
an Arab country which forbids hijab by force and by
harming the woman's religious commitment and social
interests? Should she remain steadfast even though some of
her family members may be harmed indirectly? Please
advise me.
Answer:
Praise be to Allaah.
It is a serious crime and a reprehensible action to
prevent a Muslim woman from wearing hijab as enjoined
by Allaah and forcing her by law to uncover her head
and face and go out unveiled among people.
The Muslim has to adhere to the rulings of sharee'ah
and "there is no obedience to any created being if it
involves disobedience towards the Creator." The Muslim
woman's hijab is one of the duties that she is obliged to fulfil.
The harm that a woman imagines will befall her or her
family may be baseless, or it may not be extreme, and it may
be something that can be put up with. So she has to
continue to adhere to correct Islamic dress.
If the harm is extreme and certain, or it is most likely
that it will happen, then the woman can take off her hijab
in order to protect her honour and religious
commitment, but she has to remain as covered and as modest as
she possibly can. In this case it is not permissible for her
to go out of the house except when absolutely
necessary, and there is no concession allowing her to go out to
study or to buy things that someone else can bring to her.
What we mean is that she should only go out for essential
needs that cannot easily be dealt with at home, or for some
shar'i action that she cannot forsake, and so on.
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him) was asked:
In some countries Muslim women may be forced to
take off their hijab and leave their heads uncovered. Is
it permissible for them to do that, knowing that
whoever refuses to do that is faced with consequences such
as losing their jobs or being expelled from school?
The Shaykh replied:
This calamity which is happening in some countries
is one of the things by means of which a person may
be tested. Allaah says (interpretation of the meaning):
"AlifLaamMeem.
[These letters are one of the miracles of the
Qur'aan [Qur'an, Quran], and none but Allaah (Alone) knows their meanings.]
2. Do people think that they will be left alone
because they say: "We believe," and will not be tested.
3. And We indeed tested those who were before them.
And Allaah will certainly make (it) known (the truth of)
those who are true, and will certainly make (it) known
(the falsehood of) those who are liars, (although Allaah
knows all that before putting them to test)"
[al-`Ankaboot 29:1-3]
What I think is that Muslim women in these
countries should refuse to obey people in charge (the rulers) in
this evil action, because obeying those in authority in
doing something that is wrong is not allowed. Allaah
says (interpretation of the meaning):
"O you who believe! Obey Allaah and obey the
Messenger (Muhammad), and those of you (Muslims) who are
in authority"
[al-Nisa' 4:59]
If you think about the meaning of this verse, you
will note that Allaah says "Obey Allaah and obey
the Messenger (Muhammad), and those of you (Muslims)
who are in authority" _ but the verb (obey) is not repeated
in the third case with regard to those who are in
authority. This indicates that obedience to those in authority
is secondary to obedience to Allaah and obedience to
His Messenger. If their command is contrary to obeying
Allaah and His Messenger, then they should not be listened to
or obeyed in that which goes against obedience to
Allaah and His Messenger. "There is no obedience to any
created being if it involves disobedience to the Creator."
The persecution that a woman may face in this regard
is something that has to be borne with patience, and
she should seek the help of Allaah in being patient. We
ask Allaah to guide those in authority to the truth. I do
not think that this forcing her not to wear hijab can take
place unless the woman leaves her home, but if she stays
at home no one can force her, so she can stay in her
house so that she will be safe from this thing. With regard
to studies that will lead to her committing sin, this is
not permissible, rather she should study whatever she
needs for her religious and worldly interests. This is
sufficient, and this can usually be done at home.
As'ilat al-Usrah al-Muslimah, p. 22, 23
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable 
13793: Obligatory duties for those who are deaf and mute
Question:
Are those who are deaf and mute accountable, and
do they have to do the obligatory duties prescribed
in sharee'ah?
Answer:
Praise be to Allaah.
Shaykh `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz explained that the child who is deaf and mute, when
he reaches the age of puberty, is considered to be
accountable and expected to fulfil the obligations of prayer, etc.
He added that he may be taught what he needs to know
by means of writing or signing, because of the
general meaning of the shar'i evidence which indicates that
these obligations apply to everyone who reaches the age
of puberty and is of sound mind. Puberty is reached at
the age of fifteen, or when maniy (discharge) is emitted as
a result of feeling desire in a dream ("wet dream")
or otherwise, and when coarse hair grows around the
private parts. In the case of women, there is a fourth sign
of puberty, which is the onset of menstrual periods.
The shaykh called upon the guardian of the one who
is deaf or mute to pay zakaah and fulfil other
financial obligations on his behalf. He also has to teach him
what he does not know by all possible means so that he
will understand what Allaah requires of him and what
Allaah has forbidden for him.
The shaykh quoted as evidence the words of
Allaah (interpretation of the meaning):
"So keep your duty to Allaah and fear Him as much
as you can"
[al-Taghaabun 64:16]
And the hadeeth of the Prophet (peace and blessings
of Allaah be upon him): "If I command you to do a
thing, then do as much of it as you can."
And the shaykh explained that the accountable
person who cannot hear or speak, or who becomes unable to
hear or speak, should fear Allaah and keep his duty
towards Him as much as he can by doing that which is
enjoined upon him and abstaining from that which is haraam.
He should try to learn as much of the religion as possible,
by watching, writing and signing, so that he may
understand what is required.
Kitaab Majmoo' Fataawa wa Maqaalaat
Mutanawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez
ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on
him), vol. 9, p. 336 . (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
27101: Is it permissible for a kaafir to pray with
the Muslims?
Question:
May a non-Muslim pray in the ranks with
Muslims? Please provide daleel for yes or no.
Answer:
Praise be to Allaah.
It is not permissible for a non-Muslim to pray either
in the ranks or on his own. What he has to do is to
enter Islam before he prays, then to purify himself [by
doing ghusl], and then fulfil the conditions of prayer.
He is includes in the obligation of prayer, and he is to
be punished if he does not become Muslim and pray, but
it will not be accepted from him unless he enters Islam.
Allaah says (interpretation of the meaning):
"And nothing prevents their contributions from
being accepted from them except that they disbelieved in
Allaah and in His Messenger (Muhammad)"
[al-Tawbah 9:54]
"If you join others in worship with Allaah, (then)
surely, (all) your deeds will be in vain, and you will certainly
be among the losers"
[al-Zumar 39:65]
Shaykh Ibn `Uthaymeen said, when listing the
conditions of prayer being valid:
There are other conditions which include: being
Muslim, being of sound mind, and having reached the age
of discretion… No act of worship is valid unless one is
a Muslim, of sound mind and has reached the age of discretion, apart from zakaah, which is obligatory
upon the insane and minors, according to the correct
opinion. With regard to the validity of Hajj performed by a
minor, there are texts which state that it is valid.
Al-Sharh al-Mumti', 2/95, Ibn al-Jawzi edition.
And he said:
The conditions of prayer are: being Muslim, being
of sound mind, and having reached the age of
discretion; that the time for prayer has begin; covering the
`awrah; having purified oneself from anything that
invalidates wudoo'; avoiding najaasah (impurity); facing the
qiblah; and having the intention of praying.
Al-Sharh al-Mumti', 2/289, Ibn al-Jawzi edition.
The same applies to the other acts of worship; they
can only be accepted from a Muslim, so Islam or being
a Muslim is a condition of acts of worship being valid,
and their being accepted depends on that.
Ibn Rushd said:
The conditions fall into two Islam & Muslims:
The conditions of it being valid, and the conditions of
it being obligatory. With regard to the conditions of it
being valid, there is no difference of scholarly opinion that
they include being Muslim, because Hajj is not valid if
done by one who is not a Muslim… End quote.
Bidaayat al-Mujtahid, 1/133
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
12840: Are women equal with men in reward and punishment?
Question:
Some people say that women are lacking in intellect
and religious commitment, and in inheritance and
bearing witness. Some say that Allaah has made them equal
in reward and punishment. What is your opinion: are
they lacking according to Islam or not?.
Answer:
Praise be to Allaah.
Islam came to honour women and raise their status,
and to give them a position that befits them, and to take
care of them and protect their dignity. So Islam
commands women's guardians and husbands to spend on them,
to treat them well, look after them and be kind to
them. Allaah says (interpretation of the meaning):
"and live with them honourably"
[al-Nisa' 4:19]
It is reported that the Prophet (peace and blessings
of Allaah be upon him) said: "The best of you are those
who are best to their wives, and I am the best of you to
my wives." Narrated by al-Tirmidhi, 5/709, no. 3895.
Islam gives women all their rights and allows them
to dispose of their affairs in an appropriate manner.
Allaah says (interpretation of the meaning):
"And they (women) have rights (over their husbands
as regards living expenses) similar (to those of
their husbands) over them (as regards obedience and
respect) to what is reasonable, but men have a degree
(of responsibility) over them. And Allaah is All-Mighty,
All-Wise"
[al-Baqarah 2:228]
This includes all kinds of dealings, buying,
selling, compromising, appointing others to act on their
behalf, lending, depositing trusts, etc.
Islam enjoined upon women the acts of worship and
duties that befit them, the same duties as men,
namely purification, zakaah, fasting, prayer, Hajj, and other
acts of worship.
But Islam gives a woman half the share of a man when
it comes to inheritance, because she is not obliged to
spend on herself or her house or her children. Rather the
one who is obliged to spend on them is the man, just as
the man is responsible for spending on guests,
contributing to payment of ransom money, and spending on
reconciling between conflicting groups.
With regard to the testimony of two women being equivalent to the testimony of one man in some
cases, that is because women tend to be more forgetful than
men because of their natural cycles of menstruation,
pregnancy, giving birth, raising children etc. All these
things preoccupy them and make them forgetful. Hence the
shar'i evidence indicates that another women should
reinforce a woman's testimony, so that it will be more
accurate. But there are matters that pertain only to women in
which the testimony of a single woman is sufficient, such
as determining how often a child was breastfed, faults
that may affect marriage, and so on.
Women are equal with men in terms of reward,
remaining steadfast in faith and doing righteous deeds, in
enjoying a good life in this world and a great reward in
the Hereafter. Allaah says (interpretation of the meaning):
"Whoever works righteousness — whether male or
female — while he (or she) is a true believer (of
Islamic Monotheism) verily, to him We will give a good life
(in this world with respect, contentment and
lawful provision), and We shall pay them certainly a reward
in proportion to the best of what they used to do
(i.e. Paradise in the Hereafter)"
[al-Nahl 16:97]
So we know that women have rights and duties, just
as men have rights and duties. There are matters which
suit men so Allaah has made them the responsibility of
men, just as there are manners which suit women so He
has made them the responsibility of women.
And Allaah is the Source of strength.
Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah
wa'l-Ifta', 17/7.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
21246: She did not know the signs of puberty so she did
not fast in Ramadaan, out of ignorance
Question:
According to custom in some Muslim countries, menstruation is regarded as the sign of puberty for
women and no attention is paid to the other signs, such as
the growth of pubic hair etc, which are known from the
books of fiqh.
As a result of this kind of custom, one of the sisters
started to observe the obligatory fast of Ramadaan after she
saw menstrual blood, although at that time she was
thirteen years old and she already had pubic hair before she
got her period, but she does not remember whether that
hair was coarse or not, and she does not remember how
many years she did not fast after that hair appeared. My
question is:
1 _ What are the signs of a woman's puberty,
according to sharee'ah or to custom?
2 _ What is the ruling on this sister's not fasting
during those Ramadaans when her hair had started to grow
but she had not yet started her periods, if the custom on
this issue is contrary to sharee'ah?.
Answer:
Praise be to Allaah.
A woman is deemed to have reached puberty when
one of four things happens:
1 _ When she reaches the age of fifteen.
2 _ When her pubic hair grows, which is hair around
the private parts.
3 _ When she emits maniy (fluid released at climax).
4 _ When she starts to menstruate.
If one of these four things happens, then she has
reached the age of puberty and she is now regarded as
accountable, and she is obliged to do acts of worship just like adults.
If a woman did not know that puberty begins in this
manner, then there is no sin on her for not fasting, because
she was unaware, and there is no sin on the person who
is unaware so long as he was not negligent about
learning or finding out when he was able to do so. But she
must hasten to make up the fasts that she missed because
when a woman reaches the age of puberty, she
becomes accountable and she must make up the fasts that
she missed during the time when she was accountable.
She must strive to work out how many days she missed
after she reached puberty, and hasten to make them up so
there will no longer be any sin on her.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
10065: Who are the ones who will be excused for
ignorance about `aqeedah and matters of fiqh?
Question:
Who are the ones who will be excused for
ignorance? Will a person be excused for ignorance about matters
of fiqh, or about matters of `aqeedah and Tawheed? What
is the duty of the scholars with regard to this matter?
Answer:
Claiming that one is ignorant or using this as an excuse
is a matter which needs further discussion. Not
everyone can be excused for his ignorance. With regard to the
things which were brought by Islam, which the Messenger
(peace and blessings of Allaah be upon him) explained and
which were made clear in the Book of Allaah and are
widely known among the Muslims, no claim of ignorance
will be accepted in these cases, especially in matters with
have to do with `aqeedah and the basics of religion.
Allaah sent His Prophet (peace and blessings of Allaah be
upon him) to teach the people their religion and explain it
to them, and he conveyed the message clearly and
explained to the ummah the truths of their religion. He
explained everything and left them with a clear path which is
always obvious. In the Book of Allaah there is guidance and
light. If some people claim to be ignorant about things
which are known to be essential parts of the religion and
which are well known among the Muslims, such as claiming
to be ignorant about shirk and worshipping anything
other than Allaah, or claiming that salaah is not obligatory,
or that fasting Ramadaan is not obligatory, or that
paying zakaah is not obligatory, or that doing Hajj when one
is able to is not obligatory _ in these and similar
matters, claims of ignorance are unacceptable from those who
live among the Muslims, because they are matters which
are well known among the Muslims. They are known to
be essential parts of the Muslim religion and are
widely known among the Muslims, so the claim of ignorance
of these matters is unacceptable. This is the case if a
person were to claim that he does not know that what
the mushrikeen do at the graves or idols is wrong, when
they call upon the dead, seek their help, offer sacrifices to
them and make vows to them, or offer sacrifices to the
idols, stars, trees or rocks; or seek healing or help against
their enemies from the dead or idols or jinn or angels
or Prophets… All of these are things which are
known essentially in the religion that they are major shirk
(al-shirk al-akbar). Allaah explained this clearly in His
Book, and His Messenger (peace and blessings of Allaah be
upon him) explained it clearly. He remained in Makkah
for thirteen years warning the people against this shirk,
and he preached the same message in Madeenah for ten
years, explaining to them that it is obligatory for their
worship to be purely and sincerely for Allaah Alone, and
reciting to them the Book of Allaah, such as the
verses (interpretation of the meaning):
"And your Lord has decreed that you worship none
but Him"
[al-Israa' 17:23]
"You (Alone) we worship, and You (Alone) we ask
for help (for each and everything). [al-Faatihah 1:5]
"And they were commanded not, but that they
should worship Allaah, and worship none but Him
Alone (abstaining from ascribing partners to Him)
[al-Bayyinah 98:5]
"So worship Allaah (Alone) by doing religious
deeds sincerely for Allaah's sake only.
Surely, the religion (i.e. the worship and the
obedience) is for Allaah only [al-Zumar 39:2-3]
"Say (O Muhammad): `Verily, my Salaah (prayer),
my sacrifice, my living, and my dying are for Allaah, the
Lord of the `Aalameen (mankind, jinn and all that exists).
He has no partner. And of this I have been
commanded, and I am the first of the Muslims.'" [al-An'aam
6:162-163]
And Allaah says, addressing His Messenger (peace
and blessings of Allaah be upon him) (interpretation of
the meaning):
"Verily, We have granted you (O Muhammad)
AlKawthar (a river in Paradise).
Therefore turn in prayer to your Lord and sacrifice
(to Him only)." [al-Kawthar 108:1-2]
"And the mosques are for Allaah (Alone), so invoke
not anyone along with Allaah" [al-Jinn 72:18]
"And whoever invokes (or worships), besides Allaah,
any other ilaah (god), of whom he has no proof; then
his reckoning is only with his Lord. Surely, AlKaafiroon
(the disbelievers in Allaah and in the Oneness of
Allaah, polytheists, pagans, idolaters) will not be successful"
[al-Mu'minoon 23:117]
The same applies in the case of those who make fun
of the religion, attack it, mock it and insult it _ all of
these are forms of major kufr and are things for which
none may be excused on the grounds of ignorance, because
it is well known in the religion that insulting the religion
or insulting the Messenger (peace and blessings of
Allaah be upon him) are forms of major kufr, as is making fun
of the religion or mocking it. Allaah says (interpretation
of the meaning):
"Say: `Was it at Allaah, and His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) and
His Messenger that you were mocking?'
Make no excuse; you disbelieved after you had
believed" [al-Tawbah 9:65-66]
It is obligatory for the scholars in every place to
spread this knowledge among the people and to make it
known so that the common folk will have no excuse and so
that this important knowledge will become widespread
among them; and so that they will give up their attachment to
the dead and seeking help from them whether that is in
Egypt, Syria, Iraq or in Madeenah at the grave of the
Prophet (peace and blessings of Allaah be upon him), or in
Makkah or anywhere else; and so that the pilgrims and the
people will be aware, and will know the laws and religion
of Allaah. The silence of the scholars is one of the
reasons for the loss and ignorance of the common folk.
The scholars, wherever they are, must convey to the
people the religion of Allaah and teach them about the unity
of Allaah (Tawheed) and the kinds of shirk, so that they
will give up shirk out of understanding and so that they
will worship Allaah Alone with understanding. Similarly,
they must speak out against the things that happen at the
grave of al-Badawi, the grave of al-Husayn (may Allaah
be pleased with him), or at the grave of Shaykh `Abd
al-Qaadir al-Jeelani or at the grave of the Prophet
(peace and blessings of Allaah be upon him) in Madeenah and
at other graves. The people must know that worship is
due to Allaah alone, and no one else has any right to it,
as Allaah says (interpretation of the meaning):
"And they were commanded not, but that they
should worship Allaah, and worship none but Him
Alone (abstaining from ascribing partners to Him)
[al-Bayyinah 98:5]
"So worship Allaah (Alone) by doing religious
deeds sincerely for Allaah's sake only.
Surely, the religion (i.e. the worship and the
obedience) is for Allaah only [al-Zumar 39:2-3]
"And your Lord has decreed that you worship none
but Him" [al-Israa' 17:23]
i.e., your Lord has commanded. So the duty of the
scholars throughout the Muslim world and in the areas where
there are Muslim minorities and in every place is to teach
the people about the unity of Allaah (Tawheed) and to
educate them about the meaning of worshipping Allaah, and
to warn them against associating anything with
Allaah (shirk), which is the greatest of sins. Allaah has
created the two races (of mankind and the jinn) to worship
Him, and He has commanded them to do that, as He
says (interpretation of the meaning):
"And I (Allaah) created not the jinn and mankind
except that they should worship Me (Alone)"
[al-Dhaariyaat 51:56]
Worship means obeying Him and obeying His
Messenger (peace and blessings of Allaah be upon him),
devoting worship sincerely and purely to Him, and focusing
one's heart on Him. Allaah says (interpretation of the meaning):
"O mankind! Worship your Lord (Allaah), Who
created you and those who were before you so that you
may become Al-Muttaqûn (the pious)" [al-Baqarah 2:21]
With regard to matters which may be unclear, such
as some transactions and some matters of prayer and
fasting, the one who is ignorant of them may be excused, as
the Prophet (peace and blessings of Allaah be upon
him) excused the man who entered ihraam dressed in a
cloak and wearing perfume. The Prophet (peace and
blessings of Allaah be upon him) said to him, "Take off the
cloak and wash off the perfume, and do in your `umrah
what you do in your Hajj." He did not tell him to pay a
penalty (fidyah) for his ignorance. By the same token,
some matters which may be unclear should be taught to
the one who is ignorant so that he will come to
understand them. But as far as the basics of `aqeedah, the pillars
of Islam, and things which are clearly haraam are
concerned, claims of ignorance cannot be accepted from anyone
who lives among the Muslims. If anyone who lives among
the Muslims were to say, "I did not know that zinaa
is haraam", this is no excuse. If he were to say, "I did
not know that disobeying my parents is haraam," this is
no excuse; rather he should be beaten and disciplined. Or
if he were to say, "I did not know that homosexuality
is haraam," this is no excuse. These are matters which
are clear and are well known among the Muslims and in Islam.
But if he lived in a land far away from the Muslim
world or in a remote part of Africa where there are no
Muslims around him, then the claim of ignorance may be
accepted from him, and if he dies in that state his case will
rest with Allaah; he will come under the same ruling as
those who lived during the fatrah (time between two
Prophets). The correct view is that they will be tested on the Day
of Resurrection: if they respond and obey they will
enter Paradise, and if they disobey they will enter Hell. But
the one who lived among the Muslims but did actions of
kufr and neglected the well known obligations, has no
excuse, because the matter is clear and there are Muslims
around him, who fast and perform Hajj. All of this is well
known and widespread among the Muslims, so the claim
of ignorance in this case is a false claim. And Allaah is
the One Whose help we seek.
Kitaab Majmoo' Fataawa wa Maqaalaat Mutnawwi'ah
li Samaahat al-Shaykh `Abd al-`Azeez ibn `Abd-Allaah
ibn Baaz (may Allaah have mercy on him), vol. 7, p.
132 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
3240: To whose record are the good deeds of
prepubescent children added?
Question:
Are the good deeds of a child who has not yet
reached puberty _ such as salaat, Hajj, reciting Qur'aan [Qur'an, Quran] _ all
added to his parents' record or to his own?
Answer:
Praise be to Allaah
The reward for the deeds of a child who has not
reached puberty _ meaning his good deeds _ go to the
child himself, not to his parents or anyone else, but his
parents will be rewarded for teaching and guiding and
helping him to do good, because of the report in
Saheeh Muslim from Ibn `Abbaas (may Allaah be pleased with him)
who said, "A woman held up a boy and said, `O Messenger
of Allaah, will his Hajj be counted?' He said, `Yes, and
you will have a reward.'" (Reported by Muslim, 2378)
The Prophet (peace and blessings of Allaah be upon
him) stated that the Hajj would be counted for the boy,
and that his mother would be rewarded for taking him on Hajj.
Similarly, people other than the parents may also
be rewarded for good deeds, such as teaching those
under their care such as orphans, relatives, servants and
other people, because the Prophet (peace and blessings of
Allaah be upon him) said: "Whoever guides others to do
good will have a reward similar to that of the one who does
it …" (reported by Muslim in his
Saheeh, 3509), and because this is a form of co-operating in
righteousness and piety, which Allaah urges us to do.
(Fataawa Islamiyah, Ibn `Uthaymeen, 526).
(www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
 |
|
PAGES: 362
(6 in x 9 in)
ISBN: 1861794061 |
| Click: HERE to Download the book and get two other FREE books | |  | and Get immediate access to the
full volume and the
FREE Bonuses |
|
