Know Your Deen

Islamic QA for North America

March 23, 2009
by Ml. Muhammed Shoayb
0 comments

Does a group of woman constitute mahram formation?

Q. Can a Muslim woman go on vacation with other Muslim women that are friends?

A. Vacation is a l luxury. A woman would not be allowed to go on vacation without a male mahram. A group of woman would not constitute mahram formation.

Allah Certainly Knows Best.

(Type in key word Mahram, travel, etc. to gain proofs and clarification as to our opinion.)

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March 23, 2009
by Ml. Muhammed Shoayb
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The intricacies of kissing

Q. Saliva swapping, is it allowed? Is kissing allowed with saliva?

A. Between humans that are not contagious, persons not having transmittable diseases, sores, etc. saliva swapping would be allowed. To cause harm to another human would be forbidden. To transmit anything contagious intentionally would not be allowed. Saliva of a human is pure (paak). Should both partners be married and have swapped saliva in a responsible non-obscene manner, sharia would allow this action to be a permissible.

If saliva is placed upon another as a result of shared intimacy between halal partners, this too would be permissible.

We are not saying that humans have control over transmitting diseases. We are merely articulating the need to take human feelings into consideration. Where it can be proven that one would transmit a negative factor upon another, they should certainly abstain from adverse actions.

Allah Certainly Knows Best.

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March 19, 2009
by Ml. Muhammed Shoayb
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simple yes or no

Q. Are muslims allowed to use contraceptives or not?

A. Yes, reversible contraceptives are permissible.

(Our personal preference is to not use anything upon the body that would result in one having negative side effects. It has come to our knowledge by a respectable Muslim doctor that the negative affects of birth control pills can extend itself to ones psychology. For example, it can contribute to depression, mood swings, etc. So careful examination must be made regarding its usage. If prescribed by a good Muslim doctor due to health concerns, then sharia gives more leeway for such usage. Islam wants the best for us, and we should alternatives that correlate to Islamic aspects of health and well being.)

See our other responses for clarification.

Allah Certainly Knows Best.

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March 19, 2009
by Ml. Muhammed Shoayb
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seeking valid grounds for divorce

Q. when can a Muslim women divorce her husband? Are there any special situation in which she can’t divorce him?

A. A muslim man and woman should not seek to divorce their spouses upon trivial matters. Rasulullah (sallallaahu alayhi wa sallam) has stated: “among all the permitted acts, divorce is the most hateful to Allah” (Abu Dawood). The Rasulull of Allah has also mentioned: Any woman who asks her husband for a divorce without justification, the fragrance of Paradise will be forbidden to her.” Such hadiths are narrated by Imaams Abu Dawood, Tirmidhi as well as Ahmad.

Serious mattes that would make divorce a possible option for a woman include severe beatings, starvation, impotence of her spouse, separation due to political matters making reconciliation impossible, a woman forced into marriage to a person that harms her, drug addiction and his refusal to seek detoxification, a spouse having a life threatening transmittable disease which was not mentioned at the time of marriage, carries a contagious virus that would most certainly spread to the woman and have an adverse affect of family life , addictive behaviors that are harmful to that which sharia prohibits and the spouse refuses to seek assistance in solving problems, etc. The spouse seeking divorce cannot merely say, ‘I don’t like the other person.’ There must be some added proof that shows that being within the relationship would be harmful to both parties.

All effort must be made to reconcile the couple. Should all attempts fail to remedy a situation, then the matter should be handed over to a trusting knowledgeable group of scholars or elders that can make fasakh (nullification) of the nikah.

Allah Certainly Knows best.

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March 17, 2009
by Ml. Muhammed Shoayb
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Female divorce rights

Q. I am fearful that when I get married to the the person my parents want me to get married to I would go through what my sisters went through. My brother in law hurts her and refuses to divorce her and she wants out of the abuse. We are traditional in ways and divorce is impossible and not an option. What can I do to get me get divorce I would need when I get married and he refuses to divorce me ……

Answer:

?????? ????????? ??????? ???? ????????? ???????? ???? ??????????? ????? ??????? ???????????? ??? ????????? ??????????? ?????????? ??????????? ????????? ???????????? ?????????? ?????????? ????? ??????????? ???????????? ??????? ??????? ????? ????? ??????????? ?????????

And if a wife fears abuse or desertion on the part of her husband, there is no blame on them if they arrange an amicable settlement between themselves, and reconciliation is better, and covetousness has been made to be present in the (people’s) minds; and if you do good (to others) and guard (against evil), then surely Allah is aware of what you do. (4:128)

One should be realistic and confidant as to the relationship they are going to be part of. One must not be pessimistic about the right choices one is to make. Shaytan sometimes makes us delve into aspects that relate to negativity.

However, if you are marrying a person that has a history of abuse, or a family that has a history of not treating people with due respect, etc. then under such condition the following could apply to woman:

  • She requests the authority of attaining a divorce upon proven abuse. She can stipulate that upon proven medical injury and a fair 3rd party approval a divorce can be issued for a woman without the necessary complications
  • She can request Khula. Khula is when a woman offers money, gold, of something of value in exchange of divorce, and the man accepts that offer in that given sitting. Delaying the acceptance as mentioned negates the khula.
  • She can take the matters to the Islamic group of scholars and have them nullify the nikah. This procedure takes longer then the first option mentioned above. For the right to allow for its negation is entirely up to the scholars. In the first option, the option is hers with her giving a 3rd party to help with an accurate assessment of the situation.
  • Under no circumstances can she divorce him without any justification of harm. Nor should a man divorce a woman without any valid reasoning.

The above are some of the conditions that would allow a woman to attain a divorce through an Islamic system. Muslims in the United States must also undergo the legal process to secure their divorce as legitimate. In no way should we supersede the laws of our religion and country whilst choosing to reside in our respective countries.

Allah Certainly Knows Best.

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March 17, 2009
by Ml. Muhammed Shoayb
0 comments

eyes open or closed

Q. Which is more preferred: to read Salaat with eyes open or closed? What if one concentrates better if their eyes are closed?

A. Although one cannot say it is forbidden to do so, we can state that it is preferred to keep the eyes open whilst performing Salaah. As the shared Arabic text below coupled with other sunnah makes cclear: whilst standing look at the place of sujood, whilst in ruku look at ones feet, in sajdah try and keep eyes upon the nose, and whilst sitting between sajdahs and in tashahood one must try and look down the chest area or upon the lap. Tasleem would allow one to look at ones shoulders.

As can be noted, closing the eyes would reduce the ability to look at the above mentioned places as derived from sunnah.

The above prescription would aid with keeping your concentration, Insha-Allah.

Arabic to the above:

??? ??? ?? ??? ???????? ???? ??? : ??? ?? ???? ????? : ??? ???? ???? ?? ??????? ? ??? : ???? ????? , ??? : ??? ?? ???? ????? , ??? ??? ????? , ?? ?????? ? ??? : ??? ???????? ???? ?????? ??? ???? ?????? ????? ?? ?????? , ??? ?? ????? ??????? : ?? ???? ??????? ??? ??????? ??? ???? ????? ??? ????? , ???? ??? ????? ??? ????? , ???? ????? ???? ??? ????? , ???? ???? ??? ????? , ???? ????? ?????? ??? ????????? ?????? , ???? ????? ?????? ??? ????????? ???????? ???? ?????? ??????

Allah Certainly Knows Best.

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March 16, 2009
by Ml. Muhammed Shoayb
0 comments

Haircuts

Q. Is French hair cut allowed in islam?

A. Sadly, I am not familiar with distinguishing factors pertaining to haircuts. More so, I am unfamiliar with the technical aspects pertaining to a German, French or an African haircut.

However Islam stresses woman are to grow their hair. For medical reasons they can have it trimmed. Under normal conditions, the most a woman can cut her hair is to straighten it at the bottom. This would be to bring neatness to its length. Such cutting would not involve more then an inch.

As for men, if men chose to keep their hair short, then it must be cut in an even length. Rasulullah (sallallaahu alayhi wa sallam) also shaved his blessed hair. Should a man wish to keep what is known as the Zulfa, then they can grow their hair until it reaches the ear lobe, or hair can grown to the length between ear lobe and shoulder. Finally, a zulfa grooming can include the length up to the shoulders.

In all situations the hair should be well oiled and neatly maintained. Islam does not have much regard for a cannibalistic look.

Allah Certainly Knows Best.

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March 14, 2009
by Ml. Muhammed Shoayb
2 Comments

can i be forced to have a baby?!

Q. Can my husband force me to have a child? We have tried for many years and I have given up. I am told to attend a fertility clinic…… I have refused to go ….  What are my options?

A. No, he cannot force you to have a child. He can encourage you to have a child. Should you not want to have a child, other options do exist.

Alternatives to not being able to conceive a child for you and your husband:

Take care of an orphan

Don’t have a child. Accept what Allah Wills

Your husband seeks a partner that would help him become a father

Waiting until you are ready to have a child through halal proposed methods

Divorce due to incompatibility pertaining to critical goals (not encouraged, but an option in Islam)

Allah Certainly Knows Best.

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March 14, 2009
by Ml. Muhammed Shoayb
0 comments

Birth control not same as population control

Q. The Hadith states that marry and propagate to make Rasulullah (sallallaahu alayhi wa sallam) proud on the day of qiyamah.

Would this Hadith:

1) Not make birth control forbidden? (Birth control pills, IUD, etc.)

2) Would this hadith not make the seeking of artificial means to impregnate a woman a necessity? (Rephrased question)

Q. What conditions can Muslims use as effective birth control if medicinal use proves harmful…? (medical student – Utah)

Answer:

The Hadith referred to you  states:

??? ?? ?? ????? ??? ???? ???? ???? ??? ??? : ?????? ?????? ?????? ? ???? ????? ??? ????? ??? ???????

‘Marry the woman who is fertile and loving, for I will be proud of your great number before (other) nations on the Day of Resurrection.’

[as Reported in Nasai, Mishkat 267 kitabun nikah p. 267, etc]

In viewing this hadith in conjunction with other Hadith that precede and antecede it in Mishkat Shareef, the correct meaning would be as follows:

The muhadith have stated: that a man should prefer to marry a woman who can bear children. This would be inclusive of observing the sisters of the intended spouse, her aunts, comments made by her pertaining to the rearing of children, etc. so as to bring to the forefront that this individual (female) does not have any reservation towards having her own biological children under normal conditions. Such probing is also to secure that a high probability exists that she would be able to conceive a child.

Regarding the affectionate nature of an intended spouse (this applies to men and women): Hadith in general make clear that one should examine the intended spouse’s background, etc. to deduce the mental wiring of compatibility between the parties. Upon the necessary care taken in finding such a fertile and affectionate person, it can be deduced that the propensity of having children who are pious and a wife who is compassionate and affectionate on rearing a child properly would make Rasulullah (sallallaahu alayhi wa sallam) proud on the day of Qiyamah (Day of Judgment.).

As can be noted, this Hadith does not limit the usage of birth control as stipulated below. (See conditions that apply) Had the Hadith placed limitations, there would be a contradiction between the above Hadith and the Hadith of Sayidinah Saed –ul- Khudhry (radiAllaahu anhu) wherein he reports that  an individual asked Rasulullah (sallallaahu alayhi wa sallam) about ‘Azal (When a man does not plant his seed within the womb of his wife with her consent.) Rasulullah (sallallaahu alayhi wa sallam) responded, ‘When Allah (Subhanahu Wa Ta’ala) intends creating a child, nothing can stop Him.’ (Mishkat Shareef) In other words, you can practice ‘Azal, but if Allah wants to have her impregnated by you, then that is what would occur.

Thus, one can use a birth control method, but do not depend upon it. The ‘birth controller’s’ intent should be that whatever halaal method a person uses, they should leave the matter to Allah as the final judge of the situation regarding the matter of pregnancy.

Conditions of using reversible birth control methods:

  • All natural methods have been exhausted, so as to prevent birth;
  • political separate is going to separate the couple;
  • A woman gains rest between her pregnancies, so as to let her body recuperate, or if her health demands it;
  • Haraam elements are eliminated in preventing the pregnancy (ingredients to be utilized, establishing that a male would not touch a female patient, etc);
  • Muslim female doctors are preferred to help with insertion of those elements that would help with the reversible birth control procedure;
  • The reversible birth control method should not terminate the possibility of pregnancy, unless the patient’s life is to fully be in danger as a result of the birth process;
  • All facts pertaining to the consequences of using the given contraceptive methods are properly evaluated;
  • Spouse is immoral; (husband is not secure in the relationship, and she fears abandonment)!)
  • Couple know that the marriage is going to be a failure, and divorce is inevitable;
  • The husband is bound to commit adultery if she loses her beauty (husband in such a case should have his head checked)

Under such conditions, reversible birth control in Islam is permissible. Contraception is prohibited when Islam prevents it in a given matter. Contraception cannot be used to eliminate sexual desire.

To view the above Hadith as a command would force people to marry as well as demand that children be conceived without regulation would be tantamount to imposing a burden upon those who cannot afford marriage, children, or a woman seeking rest between pregnancies. This would prove difficult for the poor, unhealthy, etc. Although we agree Allah provides, some are aware that their financial situation calls for an evaluation as to how many children they can have. There is a difference between not wanting children, being content with the amount of children one has, and creating methods to eliminate the attaining of children.

One cannot use reversible birth control fearing that a child cannot be sustained. The most superior thing to do on the side of the believer would be to get married upon having the resources to do so, and leave the rest to Allah, for Allah knows what is always best for us.

Allah Certainly Knows Best.

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March 12, 2009
by Ml. Muhammed Shoayb
0 comments

it all can become nafl

Q. I sometime stand up for a fifth rakat. Would I just sit down after the completion of the fifth rakat, or do I make a sajdah sawh after it?

A. A person standing up for the fifth rakat later remembers that an access in rakats has been created, all they have to do is merely sit down prior to the sajdah of the fifth rakat. If fifth rakat was read (including its sajdah), than merely make it a 6th rakat salah. In doing do, the entire salah would become an act nafl. At this point, merely repeat the fard salaah again, with its appropriate rakats.

Allah Certainly Knows Best.

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