Friday, December 25, 2009
GUIDANCE FOR THE MUSLIM WIFE (the method of living together)
1. Before shutting the door at night, make certain that no cat or dog is left in the house. Sometimes they can harm a person at night. Even if they do not cause any harm, they make a din all night and prevent you from sleeping.
2. Occasionally place your clothing and books out in the sunlight.
3. Keep the house clean and tidy.
4. Do not make yourself accustomed to leisure if you desire good health. Do some manual work. The best manual task for women is to use the hand-mill (to grind flour). It keeps the body healthy.
5. When going to meet someone do not sit for too long nor converse at length. This may frustrate or disturb her in her work.
6. All the family members should be particular in fixing a place for everything. This will prevent time being wasted when the object is required.
7. Do not place a bed, chair, utensil, brick, stone or slab on the way. This can injure someone who accidently knocks it, especially in the dark.
8. When anyone tells you to do something, reply immediately either in the affirmative or in the negative so that he/she knows whether you are going to do the task or not.
9. Sprinkle less salt on the food, because if there is less it can always be remedied but if there is an excess it is difficult to correct.
10. Do not cut chillies and place them in daal or vegetable curry. Grind them instead, because by cutting, the seed remains in the pieces. If any piece comes in the mouth, it burns severely.
11. If you happen to drink water at night, look carefully into the utensil and if there is no light, place a cloth etc. over it before drinking so that no particles go in the mouth.
12. Do not throw a child up in the air jokingly nor let him hang out of the window. This can seriously injure the child.
13. When a utensil is emptied always wash it and place it upside down. When you want to use it again, wash it first.
14. After placing a utensil on the ground when dishing food into it, do not place it on the table or daster khwan without first wiping the bottom.
15. If you are visiting someone at his/her house do not ask for anything. It may be insignificant but it can be embarrassing if the person does not have the required item.
16. Do not spit or clean your nose where other people are sitting. If there is a need, excuse yourself and go to one side.
17. Whilst partaking of meals do not mention something which can offend the listener and make him feel uncomfortable.
18. Do not mention anything in front of a sick person or his family that make them lose hope in his life. He will be heartbroken. Comfort him by saying that Insha-Allah your illness will soon be cured.
19. If you want to mention something about a person while he is also present then do not indicate to him by winking or by gestures. He will unnecessarily be placed in doubt. This can only be done if the statement is permissible in Shariat, otherwise if it is unlawful then to make such a statement will be sinful.
20. Do not gesticulate too much when speaking.
21. Do not clean your nose with your dress or sleeve.
22. Do not cleanse yourself where there is urine and stool. Move one step away to purify yourself.
23. Always dust your shoes before wearing them. There can be a harmful creature inside. Similarly dust your clothes and bed as well.
24. If a woman has a boil on her private part do not ask her where it is as this can be embarrassing.
25. Do not sit in a place where people are moving about. This causes unnecessary obstruction.
26. Do not let any smell arise on the body or clothing. If you do not have a clean pair of clothes, wash the one you are wearing and take a bath.
27. Do not sweep where people are sitting.
28. Do not throw pits and peels on anyone nor on the road.
29. Do not play with a knife, scissors, needle or any sharp instrument. You may be careless and hurt yourself.
30. If any visitor comes from a distant place ask him if he wants to relieve himself and direct him to the toilet. Do not try to prepare a lavish meal as this will be time consuming. Prepare a simple meal so that he can partake of it immediately. When he intends departing, arrange his breakfast early. In short there should be no disturbance in his comfort and need.
31. Do not emerge from the bathroom or toilet tying your clothing on the back, rather wear the clothing properly inside.
32. If someone asks you something, first answer him and then proceed with other work.
33. Whenever you say anything or answer anyone, open your mouth properly and speak clearly so that the next person understands what you are saying.
34. If you have to give someone something, do not throw it from far. Damage will be caused if the other person does not hold it. Give it from close by.
35. One should not speak or scream between two persons that are teaching and learning or conversing.
36. If someone is involved in some work or conversation, do not go and begin speaking with him immediately. Wait for an opportunity and only begin speaking when he turns his attention towards you.
37. When giving anyone something, do not remove your hands until the person has held it properly. Sometimes due to a slight negligence, damage is caused.
38. When eating, gather the bones in one place. Similarly do not spread peels etc. of anything all around. When all are gathered, place them on one side.
39. Do not run or put your head up when walking. You may fall.
40. Close a book carefully. Very often the first and last pages get folded.
41. Do not praise a (ghair mahram) man in front of your husband. Some men get highly offended.
42. Similarly do not praise other women in front of your husband. He may become inclined to her and leave you.
43. Do not ask someone about her home, wealth, jewellery and clothing when meeting her if you are not closely associated to her.
44. Specify 3 or 4 days a month for cleaning the entire house. Remove all webs, lift the mats, sweep under them and put everything in its place.
45. You should not take a written note or book away from in front of someone to read it yourself. It may contain something personal which is not meant for you.
46. Be very careful when ascending and descending steps. It is better if you place your one foot on the steps, then place the other one on the same step as well. Then advance to the next step in a like manner. It is not suitable for girls and ladies to have one foot on one step and another on another step. Prevent the children also in their infancy.
47. Do not dust your clothing or a book where someone is sitting in such a manner that dust falls on him. Similarly you should not blow with your mouth or dust with a cloth but instead you should go further away and dust it.
48. On hearing news about someones grief, worry or sickness do not mention it to anyone unless you have made certain. His relatives especially should not be told, because if the information is wrong, it will unnecessarily worry other people.
49. Similarly do not inform distant relatives if there is a slight illness as this may cause unnecessary concern and anxiety.
50. Do not spit or put paan (betel-leaf) on the wall. Similarly do not merely wipe your hands on the wall or door. Wash them instead.
51. If there is need for more food on the table, do not take a utensil from in front of someone. Instead, take the food in another dish.
52. If someone is sitting on the bed or lying down, do not call him. If you pass by, walk in such a manner that you do not bump the bed. If you want to put something on that bed or take something, do so quietly.
53. Do not leave food uncovered. Even if you leave something on the table that is going to be eaten last, cover it also.
54. The visitor should leave a little food on the table if he is satisfied so that the host does not get the impression that the food was less and thereby feel ashamed.
55. Whichever utensil is completely empty and has to be put in the cupboard or unit should be placed upside down.
56. When walking, lift your foot completely and step forward. Do not drag your feet. Apart from wearing out the shoe, it also looks unmannerly.
57. Always be careful that a portion of the scarf or shawl does not hang on the ground.
58. If someone asks for salt or for some other food, bring it in a utensil, not in the hand.
59. Do not speak of shameless things in front of girls as this can make them lose their modesty. FAULTS WOMEN SHOULD REFRAIN FROM
1. They do not give a logical answer which can satisfy the questioner. They add many unnecessary points and the actual answer is still not known. Always remember that if anyone asks a question, fully understand what is being said and then reply accordingly.
2. When women are given some work, they listen and keep quiet. This leaves the speaker in doubt because he does not know whether the answer is in the affirmative or in the negative. In this manner the task remains undone.
3. Women normally scream when giving the maid a task to perform or tell anyone something. There are two evils in this: One is shamelessness and lack of concealment (pardah) because the sound reaches outside. The second evil is that the message is not understood and the work remains undone.
4. Women generally waste money in useless avenues even if they have to take a loan. It is sinful to waste. Whenever you intend spending, first examine whether there is any deeni benefit or any worldly need. After thoroughly pondering, if there is a need and a benefit, go ahead and spend. As far as possible avoid taking debts even if you have to undergo a little hardship.
5. Always be punctual especially when travelling. Do not delay unnecessarily.
6. Do not take too many things on a journey. This restricts the space. The greatest problem is for the accompanying men who have to look after everything. In certain places they have to carry the things and certain places they have to pay the transport costs. Take similar precautions on a train-journey because the more provisions you take, the more problems will arise.
7. Upon reaching a place, women should not descend from the car immediately. First send a male to find out if there is anyone and inform them of your arrival. If there is any male he will separate himself. When you are informed that there is no male in the house, you can enter.
8. When two women are conversing, it often happens that one begins to speak while the other has not as yet finished speaking. In fact it occurs very often that both start speaking together. Neither of them listen to the other. What benefit is there in speaking in such a manner?
9. Women keep jewellery or money carelessly under the pillow or open in some corner even though they have the means to protect it in a safe place.
10. Sometimes you send a woman for some work and she goes and begins something else. She returns after having completed both tasks. The person who sent her is confronted with extreme anxiety and doubt because he has estimated that the work will take a certain amount of time and when that time passes by, he begins to get worried. In the meanwhile the woman thinks to herself that there is no harm in doing both errands simultaneously. Do not do so. First complete the initial task thereby honouring his request and thereafter tackle your other work at ease.
11. A common defect is of laziness and procrastination i.e. to leave work for later. Most often harm is caused.
12. There is no brevity in the nature of some women and a woman does not realise that the situation requires haste. Therefore the task has to be done as quickly as possible. Sometimes the actual work is spoilt and the opportunity lost.
13. If something is lost, women normally accuse without investigating. Do not become suspicious on the slightest of doubts.
14. Too much money is spent on purchasing betel leaf (paan) and tobacco. At least five or six poor people can be fed with that money. By eating paan unnecessarily, one becomes addicted.
15. If there are two people speaking about some matter, do not unnecessarily meddle. As long as you are not asked for your advice, remain silent.
16. After returning from a gathering do not describe the form, clothing and jewellery of other women to your husband. This may incline his heart to one of them ultimately resulting in anguish.
17. Do not interrupt someone who is engaged in some work. This is a loathsome habit. Wait until he finishes his task and then address him.
18. Always speak properly so that you are understood. Sometimes due to not understanding the message correctly, animosity is created between two people.
19. Listen with full attention when you are spoken to. Do not do something else or begin to speak to someone else.
20. Admit your faults and do not make feeble excuses.
21. Do not criticize any small or insignificant present which is given to you by saying, "what was the need to send such a present? Did the sender not have any shame in sending it?" This is an evil habit. The sender could only afford that much. Appreciate it and be grateful.
22. Do not hesitate in doing a task which is assigned to you.
23. Do not stitch clothes while you are wearing them.
24. At the time of arrival and departure, women attempt to cry even if they have to force themselves because they fear that if they do not shed a few tears people will say they are bereft of love.
25. Do not carelessly leave a needle in the pillow as it can prick someone.
26. Always protect the children from heat and cold as neglect in this regard results in illness.
27. Do not feed the children when they are not hungry nor insist on feeding the visitors.
GUIDANCE FOR THE MUSLIM WIFE (THE RIGHTS OF THE PARENTS)
Rasulullah Sallallahu Alaihi Wasallam said: "Allah's pleasure lies in the pleasure of the parents and the displeasure of Allah lies in displeasing the parents." In another hadeeth Rasulullah Sallallahu Alaihi Wasallam said that kindness to parents is greater than optional salaah, charity, fasting, haj, umrah and jihaad in the path of Allah. He also said that the person who spends the morning in such a condition that his parents are pleased with him, then two doors of Jannat are opened for him, and if only one of them, the mother or the father is alive, then one door of heaven is opened.
If he spends the morning in such a condition that his parents are displeased with him, two doors of hell are opened and if only the mother or the father is displeased then one door of hell is opened. This command applies to all conditions, whether the parents are just and kind to him or they are unjust and oppressive. In the hadeeth Rasulullah Sallallahu Alaihi Wasallam repeated this statement thrice: "Even if the parents oppress him."
The attention of the previous ummat was also drawn to the rights of the parents because it is related to the nature of man. Allah Ta'ala addressed Musa Alaihi Salaam saying: "O Musa! The Muslim who does good to his parents and disobeys Me, then repents, I will note him down as a thankful and good servant and whoever obeys Me and disobeys his parents and then repents I will still regard him as disobedient."
Always beware of the curse of the parents, because Rasulullah Sallallahu Alaihi Wasallam said : "A mother's dua for her children is very swiftly accepted". At another instance he said: "Serve the mother because heaven lies below her feet". In these type of ahadeeth great emphasis is laid on obedience and service to parents. The reason for this is that they bore great hardships for your sake. How many sleepless nights they spent for you. If you became slightly ill, how much attention they paid to you. When you were in any slight difficulty they were prepared to undergo a thousand difficulties to remove one difficulty of yours. Their condition is explained in this couplet:
"If you were roused a little they became afraid, when you had a little fear they were placed in difficulty".
For your comfort they did not for a moment regard day as day and night as night. How much of sorrow did they have to experience to keep you happy. A slight change in your face would change all their joy into grief. One falling tear from your eye would strike their hearts like lightning.
Just as the parents desire your physical comfort, similarly they desire your spiritual well-being as well. Besides giving you good clothing they also disciplined you with good character and a sound education. It is for this reason that you should read books which teach you nobility, discipline, sympathy and house-keeping etc. and you are prohibited from books containing false stories, legends and subject-matter that besmirches the character. They do all this so that your character is not affected because they realize that children are a trust from Allah who have not only been entrusted to them for up-bringing but also for education and discipline. If they are deficient in their training then it is as if they are disregarding an important compulsion of Allah Ta'ala and are breaching Allah's trust. On the day of Qiyamat they will have lowered heads in front of Allah due to regret. Rasulullah Sallallahu Alaihi Wasallam said that every one is responsible for his subjects and the parents are guardians of their children. On the day of judgment they will be questioned as to how they educated their children. In view of this, they disregard their comfort to accommodate your comfort and peace. They have made arrangements for the tuition of a pious tutor from whose company you can benefit so that you can be called a well-mannered girl and be an example of nobility and character, thereby achieving the honour and respect of this world and the hereafter. Sisters, should we not appreciate all the efforts of the parents? Should we not obey them and serve them?
Rasulullah Sallallahu Alaihi Wasallam said that the one who forgets the favour of a human being is also ungrateful to Allah. If we disobey our sympathetic and kind parents and do not appreciate them nor serve them, who can be more ungrateful than us. The worst sin is to disobey Allah Ta'ala. He has emphasized obedience to parents and thankfulness to them in several places in the Holy Quran. Here are some of the verses:
"Your creator has commanded you to worship none besides Him, and be helpful and favourable to your parents. If one of them becomes old in your presence, do not even say "oof" to them nor reproach them but say noble words to them. Be humble to them and continue making this dua for them: O my nourisher, have mercy on them just as they nurtured me in my childhood".
In this verse it has been clearly mentioned that the greatest right of Allah upon anyone is to worship none besides Him, that is, not to ascribe any partner to Him. Then the rights of the parents are explained. When a child is delivered from the mother's womb the parents nurture the child in all ways. Thus He has emphasized their obedience and gratitude. In another verse He states:
"We have commanded man to obey Me and be thankful to his parents as his mother bore burden upon burden and kept him in her womb and his weaning is after two years. Remember that you have to return to Me."
In this verse the rights of the mother are more than the father, because the difficulty of bearing the child has been predestined for the mother. Hence the favour of the mother and her gratitude is more than the father.
In another verse Allah Ta'ala has mentioned this in more detail:
"We have commanded man to be kind to his parents. His mother bore him with great difficulty and problems and the period of his stay in the womb and weaning is 30 months. O my Guardian, grant me the ability to thank You for this favour which You have bestowed upon me and my parents, and that I do such pious actions which please You and grant my children also this ability. I turn towards You in obedience".
In this verse also, the mother's rights have been mentioned as being greater. For so many months she carried him in her womb, walked about with him, underwent great difficulties, breast-fed him for 2 years and cared for him in every possible way. She sacrificed all her comforts for his peace and comfort. The father also shared in many of these difficulties and made all the requirements for up-bringing available. There is no doubt that these duties are done naturally but the requirement of nature is that the children perceive the love and compassion of the parents and be grateful for their efforts and sacrifices. This is a virtue in this world also and in the hereafter it has great merits.
On one occasion whilst climbing the pulpit, Rasulullah Sallallahu Alaihi Wasallam said, while placing his foot on the first step "Aameen". Then he placed his foot on the next step and said "Aameen" and then he placed his foot on the third step and said "Aameen" . On completion of the sermon he stepped down. The Sahaba Radhiallahu Anhum asked: "O Rasulullah, today we have witnessed something new which we did not experience before". Rasulullah Sallallahu Alaihi Wasallam remarked "Jibraeel Alaihi Salaam appeared in front of me. When I put my foot on the first step he said "Woe to that person who witnesses the month of Ramadan and yet is not successful". I said Aameen. On the second step he said "Destruction to the person in whose presence your name is mentioned and he does not send salutations upon you. I said Aameen. When I placed my foot on the third step he said : "Destruction to the person in whose presence both his parents or one of them become old and they cannot make him enter jannat. I said Aameen."
Can there be any limit to the misfortune of a person whom Jibreel curses and Rasulullah Sallallahu Alaihi Wasallam says Aameen?
It is mentioned in a hadith that from among the doors of jannat, the best door is the father. If you desire, safeguard it otherwise destroy it. A Sahabi asked what the rights of the parents are. Rasulullah Sallallahu Alaihi Wasallam replied: "They are your heaven or your hell i.e. earning their pleasure is a means of gaining jannah and earning their displeasure is a means of entry into hell."
My sisters! Whatever details have been mentioned regarding the parents will also guide you in your new home. Wherever you get married, there too you will have to practice according to these guidelines to be successful.
Monday, December 21, 2009
Henna & Jewelry in Public
Asssalamu alaykum In the name of Allah, the Inspirer of truth. The reason for discouraging nail polish and not henna is mostly because nail polish creates a barrier in the completion and validity of ablution [wudu]. It coats the nails and does not allow the water to reach them, hence the integral of wetting every single portion of the arm for ablution is not fulfilled. |
Henna is different because it does not create a barrier but actually changes the pigment of the skin and then slowly fades out over time. Hence, it does not effect the validity of ablution.
Since women have been permitted to adorn themselves in different ways, one of them by using henna and then with other jeweler like rings and earrings, they are allowed to wear them. A hadith narrated by Imam Abu Dawud in his Sunan recommends that women wear henna on their hands.
Hence, there will be times when even women who are fully covered will not be able to conceal their hands [not considered awra anyway] and the henna or rings etc. on their hands will come into view for others. Obviously she is not to make a purposeful display of them but at times they will come into the view of others.
The scholars have stated that there is no problem with this since this unintended display comes under the provision of the verse "And say to the believing women that they should lower their gaze and guard their modesty: that they should not display their beauty and ornaments except what (ordinarily) appear thereof...." [Surat al-Nur, 31]
And Allah knows best.
Piercing: Lips, Belly Buttons, and Other Body Parts
The scholars are agreed that it is permissible for a women to have her ears pierced to wear an earring since that is considered an adornment for women. Likewise they have even permitted piercing the nose as women in some communities do.
However, it would not be permissible to pierce the lip, belly button etc, since that is not considered the adornment for any decent women. [Radd al-Muhtar 5:270]
It is not permissible for men to pierce their ears or any other part of their body as that has not been considered an adornment for them by the Shari'a.
And Allah knows best.
Abdurrahman ibn Yusuf
Wednesday, December 9, 2009
Friday Prayer
Narrated Abu Huraira:
I heard Allah's Apostle (p.b.u.h) saying, "We (Muslims) are the last (to come) but (will be) the foremost on the Day of Resurrection though the former nations were given the Holy Scriptures before us. And this was their day (Friday) the celebration of which was made compulsory for them but they differed about it. So Allah gave us the guidance for it (Friday) and all the other people are behind us in this respect: the Jews' (holy day is) tomorrow (i.e. Saturday) and the Christians' (is) the day after tomorrow (i.e. Sunday)."
Prayer at Night (Tahajjud)
Narrated Ibn Abbas:
When the Prophet got up at night to offer the Tahajjud prayer, he used to say: Allahumma lakal-hamd. Anta qaiyimus-samawati wal-ard wa man fihinna. Walakal-hamd, Laka mulkus-samawati wal-ard wa man fihinna. Walakal-hamd, anta nurus-samawati wal-ard. Walakalhamd, anta-l-haq wa wa'duka-l-haq, wa liqa'uka Haq, wa qualuka Haq, wal-jannatu Han wan-naru Haq wannabiyuna Haq. Wa Muhammadun, sallal-lahu'alaihi wasallam, Haq, was-sa'atu Haq. Allahumma aslamtu Laka wabika amantu, wa 'Alaika tawakkaltu, wa ilaika anabtu wa bika khasamtu, wa ilaika hakamtu faghfir li ma qaddamtu wama akh-khartu wama as-rartu wama'a lantu, anta-l-muqaddim wa anta-l-mu akh-khir, la ilaha illa anta (or la ilaha ghairuka). (O Allah! All the praises are for you, You are the Holder of the Heavens and the Earth, And whatever is in them. All the praises are for You; You have the possession of the Heavens and the Earth And whatever is in them. All the praises are for You; You are the Light of the Heavens and the Earth And all the praises are for You; You are the King of the Heavens and the Earth; And all the praises are for You; You are the Truth and Your Promise is the truth, And to meet You is true, Your Word is the truth And Paradise is true And Hell is true And all the Prophets (Peace be upon them) are true; And Muhammad is true, And the Day of Resurrection is true. O Allah ! I surrender (my will) to You; I believe in You and depend on You. And repent to You, And with Your help I argue (with my opponents, the non-believers) And I take You as a judge (to judge between us). Please forgive me my previous And future sins; And whatever I concealed or revealed And You are the One who make (some people) forward And (some) backward. There is none to be worshipped but you . Sufyan said that 'Abdul Karim Abu Umaiya added to the above, 'Wala haula Wala quwata illa billah' (There is neither might nor power except with Allah).
Narrated 'Aisha:
Allah's Apostle used to offer eleven Rakat and that was his prayer. He used to prolong the prostration to such an extent that one could recite fifty verses (of the Quran) before he would lift his head. He used to pray two Rakat (Sunna) before the Fajr prayer and then used to lie down on his right side till the call-maker came and informed him about the prayer.
Tuesday, December 1, 2009
Awra outside prayer {in front of non-Mahram males}
Imam al-Marghinani (Allah have mercy on him) states:
“It is impermissible for a man to look at the whole body of a non-Mahram woman (due to it being part of Awra, m) except for her face and hands, for Allah Most High says: “Women must not display their beauty and ornaments except what appear thereof” (al-Nur, 31). Sayyiduna Ali and Sayyiduna Ibn Abbas (Allah be pleased with them) interpreted this verse with the face and hands... This is textual evidence on the impermissibility of looking at her feet (for it is awra, m), but Imam Abu Hanifa (Allah have mercy on him) said that it is permitted to look at her feet due to need”. (al-Hidaya, 4/458).
Imam al-Tumurtashi (Allah have mercy on him) states in Tanwir al-Absar:
“A woman’s Awra consists of her whole body except her face, hands and feet. However, she will be prevented from exposing her face in amongst men due to the fear of temptation (fitna)”.
Therefore, a woman’s Awra in front of non-Mahram men is her whole body except her face, hands and feet.
It must be remarked here that there is a difference between Awra and Niqab or Hijab. Due to the failure of distinguishing between the two, many people become victims of misinterpreting Islamic law in one way or another.
The face according to the scholars is not part of the Awra, yet, as we have seen in the text of Imam al-Tumurtashi, it will be necessary to cover it due to the fear of temptation and incitement. Ibn Abidin states: “(A young woman will be prevented from exposing her face), not because it is part of Awra, rather (for the fear of temptation)”. (Radd al-Muhtar, 1/406)
Thus, our discussion is solely regarding Awra, and not Hijab or Niqab. As far as the decisive ruling with regards to the covering of the face or otherwise is concerned, we leave that for another time.
It is also worth mentioning here that although the Fatwa position in the Hanafi Madhab is that the feet are not included within the Awra, but there is another strong opinion (within the madhhab and according to other Madhabs, such as the Shafi’is), that they are part of Awra, and must be covered. As such, legally, one will not be sinful for exposing them, but it would be advisable as a precautionary measure to cover them.
Moreover, (according to the Fatwa opinion), it is only allowed to uncover the feet up to the ankles. Anything above the ankles is from the Awra without a doubt. Many women wear veils, Burqas and Jilbabs that normally cover the ankles, but reveal the leg area above this while walking (especially in the wind, sitting and coming out of a car, etc), thus they commit the sin of exposing What is considered Awra according to all.
Therefore, we need to emphasise the importance of covering the feet. Covering the feet is just as important as covering the face if not more, for the face is not considered part of Awra, whilst, there is a strong opinion in the Hanafi Madhhab (and the Fatwa opinion in the other madhhabs) that the feet are.
Those who strongly call for and emphasise the necessity of covering the face (not that I object to them) must also realise that the feet are just of the same importance. At times, all the emphasis is laid upon the face, whilst the woman is seen to expose the area above the ankle while walking and there is no realisation that a sin is being committed.
Awra outside prayer { in front of non-Muslim Mahrams }
However, it seems that non-Muslim Mahrams are similar to other Mahrams in that a woman may expose herself besides from the navel to the knee and the stomach and back, provided there is no fear of temptation (fitna).
There are two reasons for this:
Firstly, the verse of the Qur’an and the statements of the jurists (fuqaha) are general when discussing Mahrams. They don’t distinguish between a non-Muslim and Muslim Mahram. The Qur’an permits a woman to expose herself (to a degree, as explained above) in front of her father, brother, son, etc without specifying that he be a Muslim.
Secondly, the Fuqaha explicitly mention that a Mahram with whom a woman may go on a journey of Hajj includes also a non-Muslim. Imam al-Haskafi (Allah have mercy on him) states:
“A woman may travel for Hajj with her husband or a Mahram, even though if he (Mahram) is a slave or a non-Muslim or (he is considered a Mahram, m) due to breastfeeding. He must have reached puberty and is sane, and a boy who is close to puberty is like the one who has reached puberty, except a fire worshipper and an immoral and corrupt person”.
Allama Ibn Abidin (Allah have mercy on him) explains:
“The reason why travelling with a Mahram who is a fire worshipper is impermissible, is that they (fire worshippers, m) consider marriage with a close relative to be permissible”. (Radd al-Muhtar, 2/464)
Imam al-Kasani (Allah have mercy on him) states:
“A Mahram is one with whom marriage is permanently unlawful… whether this Mahram is a free person or a slave, for slavery is not contrary to the close relationship (mahramiyya), and whether he is a Muslim, a non-Muslim or an atheist (mushrik), for a non-Muslim Mahram normally safeguards her, except that he is a fire worshipper, for he considers marriage with her to be permissible”. (Badai’i al-Sana’i, 2/124).
It is stated in Fath al-Qadir:
“It is permissible for her to travel with all types of Mahrams except a fire worshipper, for he believes marriage with her to be permissible”. (Ibn al-Humam, Fath al-Qadir, 2/422).
In the Shafi’i Madhhab, we have a clear text permitting the uncovering in front of a non-Muslim Mahram. Imam Ibn Hajar al-Haytami (Allah have mercy on him) states:
“It is not permissible to look at what lies between the navel and knee of one’s close relative (mahram); everything else is permissible, provided there is no desire (shahwah), and even if he is a non-Muslim, because the close relationship (mahramiyyah) makes marriage unlawful, so it is as if they were two males or two females”. (Tuhfat al-Muhtaj ala al-Minhaj)
Therefore, it would be permissible for a woman to uncover besides the area between the navel and knees, and the stomach and back in front of her non-Muslim Mahrams, provided two conditions are met:
1)That there be no desire (shahwah) or fear of temptation (fitna), especially when we live in a age where evils such as incest among the non-Muslims is becoming common,
2)That the non-Muslim close relative not be from among those who believe that it is permissible to marry close relatives,
Finally before parting, I would like to mention in relation to our discussion three points.
Firstly, it should be remembered that all the parts of the body that need to be covered (in the various situations discussed above) must be covered with clothing that is loose and opaque. The clothing must not be close-fitting whereby the figure of the body is visible or transparent by which the colour of the body is able to be seen. If this is not taken care of, then it will not be regarded to be sufficient covering of the Awra.
Imam al-Haskafi (Allah have mercy on him) states:
“Clothing that is considered to be sufficient covering is such that, it is not possible to see thorough them”.
Allama Ibn Abidin (Allah have mercy on him) explains:
“(It is not possible to see thorough them), meaning in a way that the colour of the skin can not be visible. This exempts thin and other see-through clothing… However, if the clothing is thick in a way that the colour of the skin is not visible, but it is tight to the body, then this should not prevent the validity of Salat… However, it is still impermissible to see that part of the body”. (See: Radd al-Muhtar ala al-Durr al-Mukhtar, 1/410)
This excerpt of Ibn Abidin explains that if the skin of the body becomes visible in prayer, Salat will become invalid. However, tight clothing would not prevent the validity of prayer, yet it is still necessary not to wear tight-fitting clothing.
Secondly, in all the foregoing occasions where it is permissible to uncover and expose the body, if there is a fear of desire (shahwa) on either side or there is fear of temptation (fitna), then it will be necessary to cover. A woman may make this decision herself in accordance with the surroundings she is in.
Thirdly, it will be permissible to uncover and expose parts of the Awra in cases of extreme need and necessity, such as medication. However, care should be taken that this is limited to only the part that needs treatment. If treatment is needed on the actual private parts, then it would be better to receive treatment from someone of the same sex. However, if this is not possible, then it would be allowed to receive treatment from a specialist of the opposite sex, with taking due care of the injunctions and guidance of Shariah.
Allama Ibn Abidin (may Allah have mercy on him) states:
“It is permissible for a male physician to view the affected area of a woman for the purpose of medication, provided it is minimised to only the area that actually needs treatment, for necessity is restricted to only the actual need. If the private parts need treatment, then a female should carry out the treatment, as seeing someone of the same sex is less of an evil.” (Radd al-Muhtar, 5/261)
Awra outside prayer {in front of non-Muslim women }
The verse of Surah al-Nur that we quoted earlier details the list of people besides whom a woman is not allowed to expose her beauty. Such people (as explained earlier) are known to be her Mahrams (unmarriageable kin). Also, in that verse, Allah Almighty states: “their women” (al-Nur, 31) indicating that a woman must only expose herself to her woman and not others.
The exegetes of the Qur’an differ with regards to the interpretation of this statement of Allah. Imam Fakhr al-Din al-Razi (Allah have mercy on him) states:
“With regards to the statement of Allah “or their women”, there are two opinions. The first is that it refers to those women who are on the same religion (din) as them (i.e. Muslims, m). This is the opinion of the majority of the predecessors (salaf). Ibn Abbas (Allah be pleased with him) states: “It is impermissible for a believing/Muslim woman to uncover herself in front of non-Muslim women, and she is only allowed to expose that what is allowed in front of non-Mahram men… Sayyiduna Umar ibn al-Khattab (Allah be pleased with him) wrote to Abu Ubaida ibn al-Jarrah (Allah be pleased with him) to stop non-Muslim women from entering bath areas (hammam) with Muslim women.
The second opinion is that, it refers to all the women (i.e. she may uncover in front of all the women, m). This is the adopted opinion, and the opinion of the predecessors is based on superiority (istihbab)”. (See: Tafsir al-Kabir, 8/365).
As we have seen, that Imam al-Razi (Allah have mercy on him) adopted the second view in that a woman may uncover in front of non-Muslim women to the extent of what she is allowed to uncover in front of Mahram men.
However, many scholars chose the first view, and it is the view that is adopted by the Hanafi School. Imam al-Haskafi (Allah have mercy on him) states:
“An unbelieving woman is similar to a non-Mahram man according to the correct opinion. Thus, she is not allowed to see the body of a Muslim woman”. (Radd al-Muhtar, 6/371)
Allama Ibn Abidin (Allah have mercy on him) explains:
“It is impermissible for a Muslim woman to uncover in front of a Jewish, Christian or a atheist woman except if she is her slave…It is also disliked that a corrupt woman (fasiqa) sees the body of a pious woman, for she may describe her to the men, thus she should avoid taking off her outer garment (jilbab) or scarf (khimar)”. (ibid).
It is evident from the text of Ibn Abidin that the main reason for the impermissibility of uncovering in front of a non-Muslim woman is that she may describe her to other men. If this is feared from a corrupt Muslim woman, then one should avoid uncovering in front of her also.
Therefore, the Awra of a woman in front of non-Muslim women is all her body except her face, hands and feet. Thus, a woman should cover in front of non-Muslim women whenever reasonably possible. However, scholars say that if this is difficult, then it will be permissible to expose some part of the body in front of them.
The ruling of covering in front of non-Muslim women is not as strict as the other situations, for, firstly, there is a difference of opinion between the scholars regarding it, and secondly, it may be at times very difficult to cover in front of women. The great exegete, Imam al-Alusi (Allah have mercy on him) states:
“This opinion (of not covering in front of non-Muslim women) is more appropriate these days, for it is almost impossible to cover in front of them”. (Ruh al-Ma’ani)
In conclusion, a woman should cover whenever reasonably possible in front of non-Muslim women, especially when there is fear that she may describe her to other men. Also nowadays, Fitnahs such as lesbianism have become so wide spread that it has become necessary for women to observe caution with non-Muslim women. However, if it is difficult to fully cover, then one may take the concession on not covering and minimising it to the minimum.
Awra outside prayer { in front of (Muslim) Mahrams (unmarriageable kin) }
Thus, it will be permissible for a woman to expose the following parts of her body in front of Mahram males: head, hair, face, neck, chest, shoulders, hands, forearms, and legs from below the knees. It will not be permissible to expose the stomach, back or any area which is between the navel and knees. (See: al-Fatawa al-Hindiyya, 5/328 & al-Hidaya, 4/461).
This ruling is based on the verse of the Qur’an in Surah al- Nur:
“They (believing women) must not display their beauty except to their husbands, their fathers, their husband’s fathers, their sons, their husband’s sons, their brothers, their brother’s sons, their sister’s sons or their women…” (24-31).
It will also be permissible for a Mahram to touch those parts that are permissible to expose in front of them, provided there is no fear of temptation or desire.
Imam al-Quduri (Allah have mercy on him) states:
“There is nothing wrong in touching those parts that are permissible to see” (Mukhtasar al-Quduri).
However, it should be remembered that if there is a fear of temptation (fitna), then it will be impermissible to expose these parts even in front of Mahrams, neither will it be permissible to see or touch those areas of a Mahrams body. (See: al-Lubab fi Sharh al-Kitab, 3/218).
e) Awra in front of non-Mahram males
The Awra in front of non-Mahram males (those with whom marriage is unlawful), which includes cousin brother, brother in-law, paternal uncle (one’s father’s sister’s husband), maternal uncle (one’s mother’s sister’s husband), husband’s uncle, husband’s nephew, etc) consists of the whole body except the face, hands and feet. It is similar to that which is considered Awra in prayer (salat).
Imam al-Marghinani (Allah have mercy on him) states:
“It is impermissible for a man to look at the whole body of a non-Mahram woman (due to it being part of Awra, m) except for her face and hands, for Allah Most High says: “Women must not display their beauty and ornaments except what appear thereof” (al-Nur, 31). Sayyiduna Ali and Sayyiduna Ibn Abbas (Allah be pleased with them) interpreted this verse with the face and hands... This is textual evidence on the impermissibility of looking at her feet (for it is awra, m), but Imam Abu Hanifa (Allah have mercy on him) said that it is permitted to look at her feet due to need”. (al-Hidaya, 4/458).
Imam al-Tumurtashi (Allah have mercy on him) states in Tanwir al-Absar:
“A woman’s Awra consists of her whole body except her face, hands and feet. However, she will be prevented from exposing her face in amongst men due to the fear of temptation (fitna)”.
Therefore, a woman’s Awra in front of non-Mahram men is her whole body except her face, hands and feet.
It must be remarked here that there is a difference between Awra and Niqab or Hijab. Due to the failure of distinguishing between the two, many people become victims of misinterpreting Islamic law in one way or another.
The face according to the scholars is not part of the Awra, yet, as we have seen in the text of Imam al-Tumurtashi, it will be necessary to cover it due to the fear of temptation and incitement. Ibn Abidin states: “(A young woman will be prevented from exposing her face), not because it is part of Awra, rather (for the fear of temptation)”. (Radd al-Muhtar, 1/406)
Thus, our discussion is solely regarding Awra, and not Hijab or Niqab. As far as the decisive ruling with regards to the covering of the face or otherwise is concerned, we leave that for another time.
It is also worth mentioning here that although the Fatwa position in the Hanafi Madhab is that the feet are not included within the Awra, but there is another strong opinion (within the madhhab and according to other Madhabs, such as the Shafi’is), that they are part of Awra, and must be covered. As such, legally, one will not be sinful for exposing them, but it would be advisable as a precautionary measure to cover them.
Moreover, (according to the Fatwa opinion), it is only allowed to uncover the feet up to the ankles. Anything above the ankles is from the Awra without a doubt. Many women wear veils, Burqas and Jilbabs that normally cover the ankles, but reveal the leg area above this while walking (especially in the wind, sitting and coming out of a car, etc), thus they commit the sin of exposing What is considered Awra according to all.
Therefore, we need to emphasise the importance of covering the feet. Covering the feet is just as important as covering the face if not more, for the face is not considered part of Awra, whilst, there is a strong opinion in the Hanafi Madhhab (and the Fatwa opinion in the other madhhabs) that the feet are.
Those who strongly call for and emphasise the necessity of covering the face (not that I object to them) must also realise that the feet are just of the same importance. At times, all the emphasis is laid upon the face, whilst the woman is seen to expose the area above the ankle while walking and there is no realisation that a sin is being committed.
Awra outside prayer {in front of Muslim women }
It is stated in al-Hidaya:
“A woman may see of another (Muslim, m) woman that which is permitted for a man to see of another man, due to them being from the same sex, and the non-existence of desire (shahwa) between them normally…..Similarly, due to the need and requirement of them exposing amongst themselves”. (See: al-Marghinani, al-Hidaya, 4/461).
Therefore, a woman must cover from the navel up to and including her knees in front of other Muslim women.
Awra outside prayer { in front of the husband }
Scholars mention however, that although it is permissible for the spouses to look at any part of the partner’s body, it is disliked that they become completely naked during cohabitation. A cover or sheet over the naked bodies would be sufficient.
Sayyida Aisha (Allah be pleased with her) said: “I never saw the Messenger of Allah’s (Allah bless him & give him peace) private parts”. (Sunan Ibn Majah, Hadith no. 662)
Awra outside prayer{in privacy and seclusion }
It is necessary (wajib) (and recommended according to another opinion) in the Hanafi school, to cover one’s minimum nakedness (between the navel and knee for both men and women) even when alone. The exception to this is when there is a need, such as taking a shower, relieving oneself, or changing one’s clothes. Even in such situations, it is recommended to minimize the exposure.
The Messenger of Allah (Allah bless him & give him peace) said: “Modesty is part of faith (iman).” (Sahih al-Bukhari & Sahih Muslim)
Ya’la ibn Umayya reports that the Messenger of Allah (Allah bless him & give him peace) said: “Verily Allah is modest and discreet and He likes modesty and discretion. When one of you takes a bath, one should cover one’s self.” (Sunan Abu Dawud, Sunan Nasa’I & Musnad Ahmad). This is a command of recommendation when alone.
Imam al-Haskafi (Allah have mercy on him) said in his Durr al-Mukhtar:
“(And to cover one’s Awra), this is a general obligation, even when alone, according to the correct opinion, unless it is for a valid reason.”
Allama Ibn Abidin (Allah have mercy on him) writes whilst commentating on the above in his Radd al-Muhtar:
“(al-Haskafi’s statement “Even when alone”) That is: Outside of prayer, it is obligatory to cover one's Awra in front of others by scholarly consensus, and even when alone according to the correct opinion…..
Now, the apparent meaning of covering one's Awra when alone outside of prayer (in this context) is that only which is between the navel and knees, such that even women do not have to cover other than that (when alone) even if it is of their Awra in front of others….
(al-Haskafi’s statement “According to the correct opinion) For Allah Most High, even though He sees the covered just as He sees the naked, sees the one with their nakedness uncovered leaving proper manners and sees the covered exhibiting proper manners. These proper manners (here) are obligatory whenever there is ability to exercise them.
(al-Haskafi’s statement “Unless it is for a valid reason”) Such as, using the toilet or cleaning one self (istinja)”. (See: Radd al-Muhtar, 1/405, matlab fi satr al-awra).
Therefore, (according to the more correct opinion), a woman must cover even in privacy between her navel and (including) knees except when there is a need, such as relieving herself, showering, changing her cloths, etc…
Awra inside prayer (Salat) for women
The majority of the Companions (Allah be pleased with them all), their followers (tabi’un), Jurists and exegetes of the Qur’an have deduced from this verse (along with the other evidences) the obligation of covering one’s Awra in prayer. (See: Abu Bakr ibn al-Arabi, Ahkam al-Qur’an, 4/205, Ma’arif al-Qur’an (English), 3/565)
Sayyida Aisha (Allah be pleased with her) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “Allah does not accept the prayer of a woman who experiences menstruation (i.e. who has reached puberty, m) except with a head cover (khimar).” (Sunan Abu Dawud, no. 641, Sunan Tirmidhi, Sunan Ibn Majah and others)
The great Hanafi jurist, Imam al-Haskafi (Allah have mercy on him) states in his renowned Durr al-Mukhtar:
“The Awra for a free woman (i.e. not a slave, m) is her full body including her descending hair according to the correct opinion, except for the face, hands……and feet”. (See Radd al-Muhtar, 1/405).
Therefore, a woman must cover herself properly when performing Salat. Everything besides the face, hands and feet must be covered. The face must be covered properly so that no hair is exposed. Also, care should be taken that no part from above the wrists and ankles is exposed.
It must be remembered that the Awra whilst performing Salat must be covered regardless of another person being present or otherwise, and regardless of whether one is performing Salat in dark or light. (Maraqi al-Falah, 210)
The feet, according to the more correct opinion, is not regarded as part of Awra. However, due to the difference of opinion with regards to it, it would be more precautious and advisable to cover them, as it will be explained in detail later.
With regards to the area below the chin, it should be remembered that the limit of the face in length starts from the point where the hairline usually begins to the bottom of the chin, and in breadth the portion between the two earlobes. (Maraqi al-Falah, P. 58)
Keeping this in mind, it becomes clear that the area below the chin is not included in the face, thus it would fall within the legal definition of Awra, and one should try to cover it. However, because of the difficulty in covering it, if a little part of it became exposed, there should not be a problem.
Finally, (in this section), the Awra must be concealed from before entering into Salat and must remain concealed until the end. If quarter of a part/organ that requires concealment is exposed before initiating Salat, then Salat will not be valid from the outset. If however, quarter of the organ which is included in the Awra becomes exposed during Salat, then, if this remains to the duration of reciting Subhan Allah thrice, Salat will become invalid, otherwise, it will be valid. (See: Maraqi al-Falah, P. 242)
Note) One should consult a scholar with regards to how the parts of the body are categorized and divided, for at times, one may regard a organ of the body to be one part, whereas, legally, it may be considered to be two parts.
The Awra{nakedness} of a woman
1) Inside prayer
2) Outside prayer
The latter is then divided into further sub-categories:
a) In seclusion
b) In front of the husband
c) In front of Muslim women
d) In front of Mahram males (unmarriageable kin)
e) In front of non-Mahram males
f) In front of non-Muslim women
g) In front of non-Muslim Mahram males
A COMPREHENSIVE GUIDE TO A WOMAN'S NAKEDNESS (AWRA) by Mufti Muhammad ibn Adam al-Kawthari
The covering of one’s nakedness (awra) is of utmost importance for a male and female in Islam, thus the Qur’an and Sunnah have laid great emphasis with regards to this. We also see the various books of Islamic Jurisprudence (fiqh) discussing the issues relating to the Awra of both the male and female in great detail. In this brief article, I will attempt to shed some light and look comprehensively as to what is a woman’s Awra.
Awra is an Arabic term the plural of which is Awrat. Linguistically, it means a hidden and secret place, and a person’s Awra is that which must be kept hidden. It also refers to everything that causes shame when exposed, thus, the Awra of an individual is the area of the body which (normally) causes embarrassment if exposed. (Ibn Manzur, Lisan al-Arab, 9/370).
In the terminology of Islamic Jurisprudence, Awra refers to the area or part of the body that must be covered with appropriate clothing. In the English language, it is normally translated as ‘nakedness’ or ‘area of the body that must be concealed’. Many people (normally form the Indo/pak) refer to it as ‘Satar’. For the purpose of simplicity, the term ' awra'will be used in this article, Insha Allah.
Wednesday, November 25, 2009
Witnesses'{Sahih Bukhari.}
Pilgrims Prevented from Completing the Pilgrimmage { Sahih Bukhari.}
meaning of hadith
Hadiths are regarded as a narration on the Sunnah (lived example) of Muhammad.
M.M. Azami formally defines "hadith" as follows:
"According to Muhaddithiin [scholars of hadith] it stands for 'what was transmitted on the authority of the Prophet, his deeds, sayings, tacit approval, or description of his sifaat (features) meaning his physical appearance. However, physical appearance of the Prophet is not included in the definition used by the jurists.' "
"Thus hadith literature means the literature which consists of the narrations of the life of the Prophet and the things approved by him. However, the term was used sometimes in much broader sense to cover the narrations about the Companions [of the Prophet] and Successors [to the Companions] as well." 1
The Qur'an says: "And whatever the Messenger gives you, take it, and whatever he forbids you, leave it. And fear Allah: truly Allah is severe in punishment." 2 The Messenger refers here to the Prophet Muhammad. These writings are not regarded as having the same status as the Holy Qur'an, which is considered to be God's word.
The accuracy of Muhammad's sayings was confirmed by his contemporaries -- generally his companions; i.e. his immediate followers. Some Muslims regard all of the the Hadiths as being valid. Some historians question the accuracy of some passages. For example, Historian Bernard Lewis commented on a saying attributed to the prophet that some scholars believe is invalid:
"If anyone insults me, then any Muslim who hears this must kill him immediately."
Some terrorists partly believe that, based on this Hadith, all Muslims have a duty to kill Americans or none muslims when they have the opportunity.
The great Islamic scholar Yahya bin Sharaf Ul-Deen An-Nawawi compiled a collection of 43 of the most important sayings of Prophet Muhammad (PBUH). It is is now known as "An-Nawawi's Forty Hadiths"Sunday, November 1, 2009
Non-Muslim Parents
In these two verses the Muslim is commanded not to obey his parents in what they try to tell him to do in this regard, since there cannot be obedience to a creature in sin against the Creator—and what sin could be greater than associating partners with Allah? At the same time, he is commanded to treat them honorably in this world, unaffected by their stand against his faith, and to follow the path of those righteous Believers who turn to Allah and to leave the judgement between himself and his parents to the Most Just of Judges, on a Day when the parents will not be able to benefit the child nor the child the parent. Indeed, such tolerant and beneficent teachings are not to be found in any other religion.
The Parent's Consent for Jihad
Narrated 'Abdullah bin 'Amr bin al-'As, A man came to the Prophet (peace be on him) and asked his permission to go for jihad. The Prophet (peace be on him) asked, 'Are your parents living?' 'Yes,' he replied. The Prophet (peace be on him) then said, 'Then strive in their service,' (Reported by al-Bukhari and Muslim.) meaning that taking care of parents is a greater obligation than '`had in the cause of Allah.
'Abdullah also narrated, A man came to the Prophet (peace be on him) and said, 'I take the oath of allegiance to you for hijrah (emigration to Medinah) and jihad, seeking reward from Allah.' The Prophet (peace be on him) enquired whether either of his parents were living. On his replying that both of them were, the Prophet (peace be on him) said, 'Are you (really) seeking reward from Allah?' 'Yes,' the man said. The Prophet (peace be on him) then said, 'Go back to your parents and be a good companion to them.'(Reported by Muslim.) 'Abdullah further narrated, A man came to the Prophet (peace be on him) and said, 'I have come to swear allegiance to you for hijrah, and I have left my parents weeping.' The Prophet (peace be on him) said to him, 'Return to them and make them laugh as you made them weep.' (Reported by al-Bukhari and others.)
Abu Sa'id reported that A man from Yemen migrated to Madinah to be with the Prophet (peace be on him). The Prophet (peace be on him) asked him, 'Do you have any relatives in Yemen?' He answered, 'My parents.' 'Did you get their permission?' the Prophet (peace be on him) asked. On his replying that he did not, the Prophet (peace be on him) told him, 'Go back to them and ask their permission. If they agree to it, go on jihad. Otherwise stay and serve them.' (Reported by Abu Daoud.)
Disobedience to Parents: A Major Sin
The Prophet (peace be on him) declared disobedience to parents to be a major sin, second only to ascribing partners to Allah, as has been stated in the Qur'an. Al-Bukhari and Muslim report his saying, 'Shall I not inform you about the three major sins?' Those who were present replied, 'Yes, O Messenger of Allah.' He said 'Associating partners with Allah and disobedience to parents,' and sitting up from the reclining position, he continued, 'and telling lies and false testimony; beware of it.'
He also said, "Three persons shall not enter the Garden: the one who is disobedient to his parents, the pimp, and the woman who imitates men.'' (Reported by al-Nisai, al-Bazzar on the authority of excellent transmitters, and al-Hakim) and, "Allah defers (the punishment of) all sins to the Day of Resurrection excepting disobedience to parents, for which Allah punishes the sinner in this life before his death."(Reported by al-Hakim, on the authority of sound transmitters.)
Moreover, Islam emphasizes treating parents kindly, especially when they grow old. As their strength fails, they require more attention and care, and more consideration of their even more sensitive feelings. Concerning this the Qur'an says, Thy Lord hath decreed that you worship none but Him and that you be kind to parents. If one or both of them attain old age with thee, do not say a word of annoyance (Literally, "Do not say Uff! (an expression of annoyance) to them." (Trans.)) to them nor repulse them, but speak to them in gracious words and in mercy lower to them the wing of humility and say, My Lord, bestow Thy mercy othem, as they cherished me when I was little....(17:23-24)
In explaining this verse, a commentator says, "If a lesser thing than saying 'Uff!' tparents were known to Allah, He would have prohibited (even that)."
Observing the Limits of Allah Regarding Inheritance
Allah Ta'ala has mentioned matters of inheritance in three verses of the Qur'an. At the end of the first verse He says, ...Your fathers or your sons: you do not know which of them is nearer to you in benefit. This is an obligation ordained by Allah; indeed, Allah is Knower, Wise. (4:11) After the second such verse He says, ...Which is not injurious (to the rightful heirs): a charge from Allah, and Allah is Knowing, Forbearing. Those are the limits of Allah, and whoever obeys Allah and His Messenger, He will admit him to Gardens beneath which rivers flow, to abide therein, and that is the supreme achievement. But whoever disobeys Allah and His Messenger and transgresses His limits, He will admit him to Fire, to abide therein, and he shall have a humiliating punishment. (4:12-14) And at the end of the third such verse He says, ...Allah makes clear to you (His laws) so that you do not err; and Allah has knowledge of all things. (4:176)
Accordingly, whoever disobeys Allah's laws of inheritance has deviated from the just course made plain by Him, transgressing His limits, and must expect the punishment promised him: ...the Fire, to abide therein, and his shall be a humiliating punishment. (4:14)
Equal Treatment of Children
The story behind this hadith is that the wife of Bashir bin Sa'd al-Ansari requested her husband to give a gift of a garden or a slave to her son, al-Nu'man bin Bashir. She asked Bashir to go to the Prophet (peace be on him) and request him to be a witness. Bashir went to him, saying, "The daughter of such and such—meaning his wife—has asked me to give a slave to her son." "Does he have brothers?" the Prophet (peace be on him) asked. "Yes," he replied. "Did you give the same to each of them?" inquired the Prophet (peace be on him). "No," said Bashir. The Prophet (peace be on him) then said, "This is not correct, and I can never bear witness to other than what is just." (Reported by Ibn Hibban in his Sahih.)
Some other ahadith in this regard are as follows: Do not ask me to be a witness to injustice. Your children have the right of receiving equal treatment, as you have the right that they should honor you. (Reported by Abu Daoud) "Fear Allah and treat your children with equal justice." (Reported by al-Bukhari and Muslim.)
Imam Ahmad bin Hanbal said that preferential treatment of a child is permitted if he or she is handicapped while others are not. (In Al-Mughni, vol. 5, p. 605, it is stated that special treatment of a child is permissible due to a need, a handicap, blindness, his or her being from a large family, being engaged in studies, or something of the sort, as it is aIso permitted to withhold from a child who would spend what he is given on sinful or wicked things.)
"Do Not Kill Your Children"
The child has a right to life. Neither the father nor the mother have the right to take the life of the child, whether a boy or a girl, by killing it or burying it alive, as was done by some Arabs of jahiliyyah. Says Allah Ta'ala: And do not kill your children out of fear of poverty; We shall provide for them and for you. Truly, the killing of them is a great sin. (17:31) ...When the female child who was buried alive is asked for what crime she was killed. (81:8-9)
Whatever the motive for this crime may be, whether economical, such as fear of poverty and lack of provision, or non-economic, such as fear of disgrace in the case of a daughter, Islam absolutely prohibits this savage act which is nothing but premeditated murder and the oppression of a feeble, helpless humabeing. That is why, when the Prophet (peace be on him) was asked, "What is the greatest sin?" he replied, 'To ascribe divinity to someone other than Allah, when He is the One Who created you.' 'What next?' he was asked. 'To kill your child out of fear that it will share your food, he replied. (Reported by al-Bukhari and Muslim.)
The Prophet (peace be on him) took an oath of allegiance from both men and women at the time of their accepting Islam. This oath of allegiance included the condition that they would not kill their children and would consider it an absolutely prohibited crime: ...That they will not steal nor commit zina nor kill their children....(60:12)
It is the right of a child in relation to its parents that they should give it a good name, not one which will cause it embarrassment when it grows older. It is haram to give a name which denotes a slave or worshipper of someone other than Allah, as for example 'Abd al-Nabi, 'Abd al-Masih, and the like.
A child has a right to sustenance, education, and proper care. The parents are not permitted to neglect the child's needs nor to abuse it The Prophet (peace be on him) said: "Each one of you is a caretaker (ra'iy) and is responsible for those under his care." (Reported by al-Bukhari and Muslim.) "Wasting the sustenance of his dependents is sufficient sin for a man." (Reported by Abu Daoud, al-Nisai, and al-Hakim) "Allah will ask every caretaker (ra'iy) about the people under his care, and the man will be asked concerning the people of his household." (Reported by Ahmad, al-Nisai, and Abu Daoud)
Attributing the Child to a Man Other Than the Child's Father
And Sa'd bin Abi Waqqas narrated that the Prophet (peace be on him) said, If someone claims a person as his father with the knowledge that he is not his father, the Garden will be forbidden to him. (Reported by al-Bukhari and Muslim.)
Artificial Insemination
Adopting a Child to Rear and to Educate
But the word "adoption" is also used in another sense, one which is not prohibited by Islam—that is, when a man brings home an orphan or a foundling to rear, to educate, and to treat as his own child; he protects, feeds, clothes, teaches, and loves the child as his own. However, he does not attribute the child to himself, nor does he give him the rights which the Shari'ah reserves for natural children. This is a meritorious act in Allah's religion, and the man who does it will be rewarded by being admitted to Paradise. Said the Prophet (peace be on him), "I, and the one who raises an orphan, will be like these two in the Garden", and he pointed to his middle and index fingers with a slight gap between the two.
A foundling (laqeet) is regarded as an orphan (yateem), and one may also apply the term wayfarer (ibn al-sabeel),(The "Wayfarer" is one of several categories of people mentioned as deserving of charity in various Qur'anic verses, notably 2:176 and 9:60. A foundling or orphan can also be considered as belonging in this category and hence as doubly deserving of help and charity. (Trans.)) one of those who must also be cared for, to him as well.
If a man has no children of his own, and he wishes to benefit such a child from his wealth, he may give him whatever he wants during his lifetime and may also bequeath to him up to one-third of his inheritance before his death.
A Practical Example of the Abolition of Legal Adoption
Now Zaid bin Harithah, who was known as Zaid ibn Muhammad, had married the Prophet's cousin, Zainab bint Zahsh. Zaid and Zainab were not happy together, and Zaid became increasingly dissatisfied with his wife, complaining frequently to the Prophet (peace be on him). Although the Prophet (peace be on him) knew, through divine revelation, that Zaid would divorce Zainab and that he would afterwards marry her himself, human weakness occasionally overcame him, and he was afraid of facing the people. Thus, whenever Zaid complained to him about his wife, the Prophet (peace be on him) would tell him, "Hold on to your wife and fear Allah." At that point Allah Subhanahu wa Ta'ala revealed some verses of the Qur'an admonishing the Prophet (peace be on him) and at the same time fortifying his will to face society in demolishing the remnants of this ancient system, in this case, the established practice which prohibited a man from marrying the ex-wife of a stranger who had been adopted as a son. Saye Allah Ta'ala: And when thou didst say to him who had received the favor of Allah and thy favor, 'Retain thy wife and fear Allah,' thou didst hide within thyself what Allah was about to make manifest, fearing the people; but Allah has more right that thou shouldst fear Him. Then, when Zaid had carried out the necessary formality (of divorce) from her, We gave her to thee in marriage so that (in the future) there might be no difficulty for the Believers with respect to (marriage to) the wives of their adopted sons when the latter have carried out the necessary formality (of divorce) from them; and Allah's command must be fulfilled. (33:37)
The Qur'an goes on to support the Prophet (peace be on him) in this action, confirming its lawfulness and removing any stigma attached to it: There is no fault in the Prophet in what Allah has made obligatory for him. That was Allah's practice with those of old who passed away, and the command of Allah is a decree determined — those who delivered the messages of Allah and feared Him, fearing none but Allah; and Allah suffices in keeping account. Muhammad is not the father of any man among you, but he is the Messenger of Allah and the Seal of the Prophets; and Allah is the Knower of all things. (33:38-40)
The Prohibition of Legal Adoption
This practice was widespread in Arab society at the advent of Islam. Before receiving the call to prophethood, the Prophet (peace be on him) had himself adopted Zaid bin Harithah, who had been captured as a child during one of the raids on his tribe which were common occurrences during the period of jahiliyyah. Hakim bin Hizam had bought him for his aunt Khadijah, and after her marriage to the Prophet (peace be on him) Khadijah presented Zaid to him. When Zaid's father and uncle learned his place of residence, they came to the Prophet (peace be on him) to demand Zaid's return. The Prophet (peace be on him) gave Zaid a choice, and he chose to stay with the Prophet (peace be on him) in preference to his father and uncle. The Prophet (peace be on him) then set him free and adopted him as his son in the presence of others. He was thereafter called Zaid ibn Muhammad and became the first of the freed slaves to accept Islam.
Now what is the judgement of Islam concerning such a system of adoption? Islam rightly views this sort of adoption as a falsification of the natural order and of reality. Taking a stranger into the family as one of its members; and allowing him privacy with women who are not his muharrmat, nor he theirs, is a deception, for the man's wife is not the adopted son's mother, nor is his daughter the boy's sister nor is his sister his aunt, since all of them are non-mahrem to him. Moreover, the adopted son acquires a claim on the inheritance of the man and his wife, depriving the rightful, deserving relatives of their inheritance. Such a situation arouses the anger of the real relatives against the intruder who encroaches upon them and usurps their rights, depriving them of their full inheritance. (Since the Islamic Shari'ah specifies the share of an individual's property to which each near blood relative is entitled, the legal adoption of a child who is not among such relatives, but who, by virtue of adoption, is one of the heirs would naturally create bitterness and hostility among the rightful heirs. (Trans.)) Frequently such anger leads to quarrels and to the breaking of relations among relatives. That is why the Qur'an abolished this jahili system, prohibiting it totally and eradicating all its consequences. Says Allah Ta'ala: ...Nor has He made your adopted sons your (real) sons; that is simply a saying of your mouths. But Allah speaks the truth, and He guides you to the (right way). Call them by (the names of) their fathers; that is more just in the sight of Allah. But if you do not know their fathers, they are your brothers-in-faith and your wards....(33:4-5)
Let us ponder the Qur'anic words, "He has not made your adopted sons your (real) sons; that is simply a saying of your mouths." This signifies that the declaration of adoption consists of words having no corresponding objective reality. A mere pronouncement does not change realities, alter facts, or make a stranger a relative, or an adopted individual a son. A mere verbal expression or figure of speech cannot make the blood of a man run in the veins of the adopted son, produce feelings of fatherly affection in the man's heart or filial emotions in the heart of the boy, or transfer either the genetic characteristics or physical, mental, or psychological traits.
Islam abolished all the effects of this system of adoption which relate to inheritance and to prohibition of marriage to the widowed or divorced wife of the adopted son. In matters of inheritance, the Qur'an does not recognize any claim except those based on relationship through blood and marriage: ...But blood relatives are nearer to each other in the ordinance of Allah....(8:75)
With regard to marriage, The Qur'an declared that only the wives of one's real sons, "the wives of your sons who are from your (own) loins" (4:23), not the wives of the adopted sons, are permanently forbidden in marriage. Accordingly, it is permissible for a man to marry the divorced wife of his adopted son, since she has been, in actuality, the wife of a "stranger" not related by blood.
The Prohibition of Denying Paternity
A way out of this dilemma, known in Islamic jurisprudence as li'an, is provided by the Shari'ah. If a man is convinced or strongly suspects, although without having proof, that his wife has had sexual relations with another man and is carrying his child, he can take the case to a Muslim judge (qadi). The qadi will ask the man and his wife to invoke the curse of Allah on one another in the manner prescribed in Surah al-Nur: As for those who accuse their wives but have no witnesses except themselves, the testimony of one of them shall consist of bearing witness by Allah four times that he is of the truthful, and a fifth (time) that the curse of Allah be upon him if he is one of those who lie. And it shall avert the punishment from her if she bear witness by Allah four times that he is indeed of those who lie, and a fifth (time) that the wrath of Allah be upon her if he is among the truthful. (24:6-9)
After this the two shall be separated permanently, and the child shall be identified by the name of his or her mother.