Showing posts with label The Messenger of Allaah (peace and blessings of Allaah be upon him).. Show all posts
Showing posts with label The Messenger of Allaah (peace and blessings of Allaah be upon him).. Show all posts

Friday, 19 March 2010

Religious law.--- ('iddah)

Widow observing ‘iddah going out due to necessity

Praise be to Allaah.

The ‘iddah of a woman whose husband has died is four months and ten days, because Allaah says (interpretation of the meaning):

“And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days”

[al-Baqarah 2:234]

This period begins when the husband dies, and ends when the time is over, whether the wife adheres to the rulings on mourning or not,
and whether she knows of her husband’s death or not. When four months and ten days have passed from the time of his death,
then her ‘iddah ends.

The scholars are unanimously agreed that the ‘iddah of a free Muslim woman
who is not pregnant is four months and ten days from the death of her husband, whether the marriage had been consummated or not, and whether she was an adult who had reached puberty or very young and had not yet reached puberty. That is because Allaah says (interpretation of the meaning): “And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage)
 for four months and ten days.”

 The Prophet (peace and blessings of Allaah be upon him) said: “it is not permissible for a woman who believes in Allaah and the Last Day
to mourn for any one who dies for more than three days, except for a husband, four months and ten days.” Agreed upon.

 The woman whose husband dies must observe ‘iddah for four months and ten days
if she is not pregnant. Allaah says (interpretation of the meaning): “And those of you who die and leave wives behind them, they (the wives)
shall wait (as regards their marriage) for four months and ten days”. That starts from the date of death. If a woman deliberately does not observe
mourning then she is sinning, and she has to repent and seek forgiveness. End quote.

It also says (20/481): The ‘iddah for one whose husband dies is four months and ten days immediately following the death, and until giving birth
if she is pregnant. So long as your mother did not observe mourning during the appointed time due to ignorance or for some other reason, then
she does not have to offer expiation, but she has to repent and seek forgiveness, and recite a lot of dhikr.

Thirdly:

A woman who is observing iddah following her husband’s death may go out of the house during the day to meet her needs, such as dealing with
government procedures if there is no one who can do that for her. But at night she should not go out except in cases of necessity.

 The woman who is observing 'iddah may go out and do errands
during the day, whether she is divorced or widowed, because of the report narrated by Jaabir who said: My maternal aunt was thrice divorced and she went out to harvest her palm trees. A man met her and told her not to do that. She mentioned that to the Prophet (peace and blessings of Allaah be upon him) and he said: “Go out and harvest your palm trees; perhaps you will give some of it
in charity or do some good.” Narrated by al-Nasaa’i and Abu Dawood. 

Mujahid narrated: Some men were martyred on the day of Uhud and their wives came to the Messenger of Allaah (peace and blessings of Allaah be upon him)
and said: O Messenger of Allaah, we feel scared at night; can we stay in the house of one of our number, then in the morning we will go to our
own houses? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Chat together in the house of one of your number,
then when you want to sleep, each one should go to her own house.” She does not have the right to stay overnight anywhere but in her own house,
or to go out at night, except in cases of necessity, because night is a time of suspicion, unlike the day, which is the time when people go
 about their errands and earn a living, and buy what they need. End quote.

 The basic principle is that a woman should mourn in the house of her husband where
he died,
and she should not go out except in cases of need or necessity, such as going to the hospital if she falls sick or buying what she needs from
the marketplace such as bread and the like, if she does not have anyone who can do that.

........... There is consensus among Muslims about the general necessity of

 'iddah. Its basis is the Qur'an and the Sunnah. As to the Qur'an,
The Hanafi, the Maliki and the Hanbalí  schools state: If the husband secludes with her without consummating the marriage and then divorces her, she will have to observe 'iddah,
exactly as if consummation had occurred.    
the Sháfi`ís  observe: Seclusion has no effect. (the distinction between
revocable and irrevocable divorce,)
 The maximum period of gestation is two years according to the Hanafís, four years according to the Sháfi`ís  and the Hanbalís,
and five years according to the Málikís, as mentioned by al-Fiqh 'ala al madhahib al-'arba'ah. In al-Mughni, it is narrated from Maalik to be four years.
A pregnant woman cannot menstruate according to the Hanafi and the Hanbalí  schools. , the Sháfi`í and the

Maliki schools
 allow the possibility of its occurrence.    

2. She will observe an 'iddah of three lunar months if she is: an adult divorcee who has not yet menstruated or a divorcee who has reached
the age of menopause.9 This age is seventy years according to the Málikís, fifty years according to the Hanbalís, fifty-five years according to
 the Hanafís, sixty-two years according to the Sháfi`ís ,


            All the schools of thought concur that the widow must mourn her husband regardless of her being old or young and Muslims or non-Muslim. 
Except the Hanafís who went to exclude the young and Dhimmiyyah because they are not considered religiously responsible.

            The Mourning (Hidaad) is defined as the substinance of the grieving woman from using all sorts of beauty features that would make her
desired by the observers.  The details of that was discussed by the people of religious law.


            The Maliki and the Sháfi`í schools state:
She shall continue to observe the 'iddah of divorce without changing over to the 'iddah of widowhood.   

            According to the Hanafi and the Hanbalí  schools, she shall change over to the 'iddah of widowhood.   

            In short, a revocable divorcee will start observing the 'iddah of widowhood if the Divorcer dies before
the termination of her 'iddah of divorce, and an irrevocable divorce will continue to observe the 'iddah of divorce, as per the concurrence of all the schools except the Hanafi and the \anbalí , who exclude an irrevocable divorcee if the divorce takes place
 during the divorcer's mortal illness without her consent.

Tuesday, 17 November 2009

An accepted Hajj

Praise be to Allaah and peace and blessings be upon the Messenger of Allaah.

"The Hajj is the demonstration of the reality that in Islam all roads lead to the House of Allah, where nationality, race, and difference of doctrine are all blown away. The hajjis come from everywhere, from every country, every continent and every background. They come flying, sailing and by land. But whoever they are, wherever they come from and however they come, they are drawn by only one thing and to only one point – their desire to worship Allah at His House and perform the rites of the Hajj.

"From the moment he sets out with the intention of performing Hajj, the hajji's journey is in one sense not his own – in that he is just one of millions of others doing exactly the same thing – and yet in another sense it is uniquely his own – since within that great gathering he will stand alone face to face with his Lord in the unfolding of his own unshared individual destiny. He becomes one of the many elements heading for the crucible of Makka where the great fusing of the Muslim community takes place, where all the parts are thrown together under the most intense conditions, mixed, melted together and then finally separated out again and returned to their homes never quite the same as when they left."
A man came to visit Junayd and Junayd asked him where he had come from. He replied that he had just returned from hajj. Junayd said to him, "From the time you left your home did you also leave behind all wrong action?" "No," replied the man. "Then you never really left at all. At every stop you made on the way, did you also advance another stage on the path to Allah?" "No," came the reply. "Then you did not really make the journey. When you put on your ihram at the miqat, did you discard the attributes of selfhood as you took off your ordinary clothes?" "No." "Then you did not really take on ihram. When you did tawaf of the Ka'ba, did you witness the beauty of Allah in the abode of purification?" "No, I did not," said the man. "Then you did not really do tawaf. When you did sa'y between Safa and Marwa did you reach the rank of safa (purity) and muruwwa (virtue)?" "No." "Then you did not really do sa'y. When you went out to Mina did your muna (desires) cease?" No, they did not." "Then you never really went to Mina. When you stood on 'Arafa did you experience even a single moment of ma'rifa (direct knowledge) of Allah?" "No." "Then you did not really stand on 'Arafa. When you stayed the night at Muzdalifa did you renounce your love of this world?" No, I did not." "Then you did not really stay at Muzdalifa. When you stoned the Jamra, did you cast away from yourself everything that stands between you and your Lord." "No." "Then you did not really do the stoning. When you made your sacrifice, did you offer up your lower self to Allah?" "Then you did not really make a sacrifice and the truth is that you have not properly performed hajj at all. Return and do the hajj again in the manner I have described so that you may finally truly attain to the Maqam of Ibrahim."

Now obviously we cannot take this literally – I doubt that these days even one hajj a year would be acceptable according to Imam Junayd's stringent criteria – but what his words do indicate very clearly is that there is an essential inner dimension to the hajj. At the same time it is vital to point out that Imam Junayd's words do not involve any kind of inward/outward dichotomy, some kind of inward meaning to hajj separate from the outward form. They rather show that, like all our acts of 'ibada, every outward act of the hajj has a corresponding and inseparable inner reality without which cannot be considered complete, just as an egg without its white and yolk is no longer properly speaking an egg but merely an eggshell. This is the element of ihsan which the Prophet, salla'Llahu 'alayhi wa sallam, declared to be an integral part of our deen in the famous hadith related by 'Umar ibn al-Khattab, radiya'Llahu 'anhu. Ihsan, he said, was "to worship Allah as if you could see him, for though you cannot see Him, He sees you." The awareness of Allah ta'ala that this predicates is precisely the taqwa which Allah demands from us in connection with the rites of hajj and without it our hajj will definitely be deficient and we cannot expect the great reward promised to those who truly go on hajj for the sake of Allah alone


 Hajj – its virtues, benefits and a little about its rulings.

1. When Hajj was prescribed

According to the correct view, Hajj was made obligatory in 9AH, the year of the Delegations (al-Wufood), in which Soorat Aal ‘Imraan was revealed, in which Allaah says (interpretation of the meaning):

“And Hajj (pilgrimage to Makkah) to the House (Ka’bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence).” [Aal ‘Imraan 3:97]

2. The ruling on Hajj

Hajj is a fareedah (obligatory duty), one of the pillars of Islam. The evidence (daleel) for this is the aayah mentioned above, and there is also evidence in the Sunnah which indicates the same thing.

Ibn ‘Umar (may Allaah be pleased with them both) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Islam is built upon five (pillars): testifying that there is no god but Allaah and that Muhammad is the Messenger of Allaah, establishing regular prayer, paying zakaah, Hajj and fasting Ramadaan.” (Narrated by al-Bukhaari, 8; Muslim, 16).

3. Is Hajj obligatory straight away?

Yes, it should be done straight away. The evidence for this is the aayah referred to above. This (doing things straight away) is the guiding principle concerning the commands of sharee’ah. The evidence in the Sunnah which indicates this is as follows:

   1. Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) gave a sermon (khutbah) and said: “O people, Allaah has enjoined Hajj upon you so do Hajj.”
   2. (Narrated by Muslim, 1337). Ibn ‘Abbaas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever wants to go for Hajj, let him hasten to do it, because he may fall ill or some other problems may arise.”
      (Narrated by Abu Dawood, 1732, without the phrase “because he may…”’ also narrated by Ibn Maajah, 2883 and Ahmad, 1836).

        According to a report narrated by Ahmad “Hasten to do Hajj –i.e., the obligatory Hajj – for none of you knows what may happen to him.”

        These two reports strengthen one another. (See Irwaa’ al-Ghaleel by al-Albaani, 4/168).

The Shaafa’is say that Hajj may be delayed, because the Prophet (peace and blessings of Allaah be upon him) delayed his Hajj until 10 AH. But the answer to this is as follows:

   1. He only delayed it for one year, but they say it may be delayed indefinitely!
   2. He (peace and blessings of Allaah be upon him) wanted to purify the House (the Ka’bah) of the Mushrikeen and those who performed Hajj naked.
   3. He was kept busy with the delegations who had started to come to Madeenah one after another to announce their Islam.

(See al-Sharh al-Mumti’ by Shaykh Ibn ‘Uthaymeen, 7/17, 18)

4. It is obligatory to do Hajj once in one's lifetime

Abu Hurayrah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) gave a sermon (khutbah) and said: “O people, Allaah has enjoined Hajj upon you so do Hajj.” A man said, Is it every year, O Messenger of Allaah? He remained silent until the man had said it three times, then he said, “If I say yes, it will become obligatory and you will not be able to do it.” Then he said, “Do not push me to tell you more than what I have left you with, for those who came before you were destroyed because they asked too many questions and argued with their Prophets. If I command you to do a thing, do as much of it as you can, and if I forbid you to do something, then avoid it.” (Narrated by Muslim, 1337)

5. The virtues of Hajj

There are many ahaadeeth which speak of the virtues of Hajj, including the following:

   1. From Abu Hurayrah, that the Messenger of Allaah (peace and blessings of Allaah be upon him) was asked which deed is best. He said, “Belief in Allaah and His Messenger.” He was asked, then what? He said, “Jihaad for the sake of Allaah.” He was asked, then what? He said, “An accepted Hajj.”
      (Narrated by al-Bukhaari, 26; Muslim, 83).

        An accepted Hajj means:

         1. It must be paid for with halaal money
         2. One should keep away from evil, sin and unjust disputes during Hajj.
         3. One should observe all the rituals according to the Sunnah.
         4. One should not show off by doing Hajj; it should be purely and sincerely for the sake of Allaah.
         5. One should not follow it with acts of disobedience and sin.

   1. Abu Hurayrah (may Allaah be pleased with him) said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “Whoever does Hajj for the sake of Allaah and does not have sexual relations (with his wife), commit sin, or dispute unjustly during the Hajj, will come back like the day his mother gave birth to him.
   2. (Narrated by al-Bukhaari, 1449; Muslim, 1350) Abu Hurayrah (may Allaah be pleased with him) reported that the Prophet (peace and blessings of Allaah be upon him) said: “ ‘Umrah is an expiation for the time between it and the previous ‘Umrah, and an accepted hajj has no less a reward than Paradise.”
   3. (Narrated by al-Bukhaari, 1683; Muslim, 1349). ‘Aa’ishah, the Mother of the Believers (may Allaah be pleased with her) said: I said, O Messenger of Allaah, can we not go out on campaigns and fight in jihaad with you? He said, “But the best and most beautiful of jihaad is Hajj, an accepted pilgrimage.” ‘Aa’ishah said, I never stopped going for Hajj after I heard that from the Messenger of Allaah (peace and blessings of Allaah be upon him).
   4. (Narrated by al-Bukhaari, 1762). ‘Amr ibn al-‘Aas (may Allaah be pleased with him) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Hajj wipes out whatever (sins) came before it.”
   5. (Narrated by Muslim, 121). ‘Abd-Allaah ibn Mas’ood said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Keep on doing Hajj and ‘Umrah, for they eliminate poverty and sin just as the bellows eliminate impurities from iron and gold and silver.”
   6. (Narrated by al-Tirmidhi, 810; al-Nasaa’i, 2631. The hadeeth was classed as saheeh by al-Albaani – may Allaah have mercy on him – in al-Silsilah al-Saheehah, 1200). Ibn ‘Umar reported that the Prophet (peace and blessings of Allaah be upon him) said: “The one who fights for the sake of Allaah and the pilgrim who goes for Hajj or ‘Umrah are all guests of Allaah. He called them and they responded; they ask of Him and He will give them.”
      (Narrated by Ibn Maajah, 2893. The hadeeth is hasan and was classed as such by Shaykh al-Albaani in al-Silsilat al-Saheehah, 1820).
The virtues of Hajj

There are many ahaadeeth which speak of the virtues of Hajj, including the following:

   1. From Abu Hurayrah, that the Messenger of Allaah (peace and blessings of Allaah be upon him) was asked which deed is best. He said, “Belief in Allaah and His Messenger.” He was asked, then what? He said, “Jihaad for the sake of Allaah.” He was asked, then what? He said, “An accepted Hajj.”
      (Narrated by al-Bukhaari, 26; Muslim, 83).

        An accepted Hajj means:

         1. It must be paid for with halaal money
         2. One should keep away from evil, sin and unjust disputes during Hajj.
         3. One should observe all the rituals according to the Sunnah.
         4. One should not show off by doing Hajj; it should be purely and sincerely for the sake of Allaah.
         5. One should not follow it with acts of disobedience and sin.

   1. Abu Hurayrah (may Allaah be pleased with him) said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “Whoever does Hajj for the sake of Allaah and does not have sexual relations (with his wife), commit sin, or dispute unjustly during the Hajj, will come back like the day his mother gave birth to him.
   2. (Narrated by al-Bukhaari, 1449; Muslim, 1350) Abu Hurayrah (may Allaah be pleased with him) reported that the Prophet (peace and blessings of Allaah be upon him) said: “ ‘Umrah is an expiation for the time between it and the previous ‘Umrah, and an accepted hajj has no less a reward than Paradise.”
   3. (Narrated by al-Bukhaari, 1683; Muslim, 1349). ‘Aa’ishah, the Mother of the Believers (may Allaah be pleased with her) said: I said, O Messenger of Allaah, can we not go out on campaigns and fight in jihaad with you? He said, “But the best and most beautiful of jihaad is Hajj, an accepted pilgrimage.” ‘Aa’ishah said, I never stopped going for Hajj after I heard that from the Messenger of Allaah (peace and blessings of Allaah be upon him).
   4. (Narrated by al-Bukhaari, 1762). ‘Amr ibn al-‘Aas (may Allaah be pleased with him) said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Hajj wipes out whatever (sins) came before it.”
   5. (Narrated by Muslim, 121). ‘Abd-Allaah ibn Mas’ood said: the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Keep on doing Hajj and ‘Umrah, for they eliminate poverty and sin just as the bellows eliminate impurities from iron and gold and silver.”
   6. (Narrated by al-Tirmidhi, 810; al-Nasaa’i, 2631. The hadeeth was classed as saheeh by al-Albaani – may Allaah have mercy on him – in al-Silsilah al-Saheehah, 1200). Ibn ‘Umar reported that the Prophet (peace and blessings of Allaah be upon him) said: “The one who fights for the sake of Allaah and the pilgrim who goes for Hajj or ‘Umrah are all guests of Allaah. He called them and they responded; they ask of Him and He will give them.”
      (Narrated by Ibn Maajah, 2893. The hadeeth is hasan and was classed as such by Shaykh al-Albaani in al-Silsilat al-Saheehah, 1820).
he Prophet declared that one of the very best actions possible for a human is an accepted hajj and it is, therefore, devoutly to be hoped that all of those who go on it will bring to it the strong intention and the amount of taqwa they need to ensure that their hajj will find acceptance with their Lord. If they do they will find immediate evidence of it in their own being. They will find that their hearts have been filled with an unfading love for Allah and His Messenger and all the Muslims and they will find themselves determined to dedicate themselves from now on to the task of seeing the deen of Allah established to the fullest possible extent in their own lives and in the lives of their families and communities.

I will finish with the ayats with which Allah concludes the Sûrah, which He dedicated to the institution of hajj.

You who have îmân, bow and prostrate and worship your Lord, and do good, so that hop