ummtaalib

Some masaail (rulings) regarding Hajj Islam is based on five pillars, the final pillar being the pilgrimage (hajj) to the House of Allah. It is stated in the Holy Quran: “it is necessary for those who have the means to perform Hajj of the House of Allah, to do so.” Hajj is farz upon that sane able person who has more than necessary wealth, which can be sent on conveyance (transport) for reaching Makkah and for a moderate daily board and lodge, and has enough to leave behind as expenditure for his family. (Raddul-Muhtar P.450 V.5) Some masaails (rulings) regarding Hajj Q) Can a woman go for hajj without a Mahram? A) It is prohibited for women to travel for a distance of three days and three nights without a mahram, whether it is for worldly or Deeni purposes. (Raddul-Muhtar P465 V.3) Q) Hajj is compulsory upon a woman, but she has no mahram. What should she do? A) If a woman has the means but did not find a mahram to accompany her and passed her whole life in this manner but could not find anyone, then she should make wassiyat in her will that on her death, it is wajib for someone to perform Hajj on her behalf. (Raddul-Muhtar) Q) Is it permissible to cover your face whilst sleeping in the state of ihram? A) It is not permissible to cover your face in the state of ihraam whilst sleeping.(Hindiyyah P.224 V.1) Applying of perfume or oil It is Makroh (detestable) for a person in the state of ihraam to smell the flower or the fragrant flower. However, damm (penalty) will not be obligatory. It is prohibited for the Muhrim to use perfume on the body, shawl and on clothings. Similarly, to use perfumed dye or medicine oil to wash the body with a perfume emitting substance is also prohibited. If one put perfume into the food and then cooked it, then no damm (penalty) is wajib even if the smell is overpowering. If the food is uncooked, and the smell is overpowering, then damn is wajib, even if no smell comes from it, and the smell is not overpowering, then there is no damm or sadaqah, even if there is a small, BUT it is makruh to do so. In regards to drinks, if the perfume is mixed and is overpowering, then damm is wajib and if not, then sadaqah is wajib. (Bahr-Raaiq p3 v.3, Raddul-Muhtar p.576 v.3) Q) Are there any particular slippers I should wear in state of ihraam? A) There isn’t particular/specific slipper for a man to wear in the state of Ihraam as long as it doesn’t cover the middle bone of the upper part of the feet. (Raddul-Muhtar P.500 V.3) Q) What would a woman do if she starts her menses (period) during the Hajj? A) If a woman happens to get her menses during the days of hajj she must continue to do all the acts of hajj except for the tawaaf of the Kaabah and Saee. She can only do this once she is clean from her menses. Q) A woman is going for hajj and her time of periods has come, can she alter her monthly cycle using medications (e.g. Birth control pills)? A) Using such medications affects a woman, thus, without a necessary need, she should avoid using it. (Jadeed Fiqhi-massil p.243 v.1) Q) Can a person send someone for hajj badl who hasn’t gone for hajj himself? A) It is makruh tanzihi for a person to send another for hajj badl who hasn’t done hajj himself and it will be makruh tahrimi for that particular person to go. (Raddul-Muhtar p.22 V.4) Qurbani Qurbani- the sacrifice of an animal is recognised as form of worship during the three days of the month of Zul- Hijjah, the 10th, 11th, and 12th. This is to remember the sacrifice offered by Ibrahim (as) when, Allah, ordered him to sacrifice his beloved son, Ismail (as). Qurabani is obligatory upon every adult Muslim, male or female, who owns 613.35 grams of silver or its equivalent in money, personal ornaments, stock-in-trade or any other form of wealth which is extra to his basic needs. Furthermore, he must not be a sharee traveller (48 miles). Each adult member of a family who owns the above mentioned amount must perform his own Qurbani separately. If the husband owns the required quantity and the wife does not, the qurbani is obligatory on the husband only and vice-versa. (Fatwa Hindiyah p.292 V.5) Q) A person who had the means to do qurbani forgot to do it during the day of Zul- Hijjah, what shall he do? A) It is obligatory upon him to give the amount of money equivalent to a goat or sheep to some people as charity. (Ahsanul- Fatawa p.480 V.7) Q) What is the ruling for an individual who makes an intention for Qurbani in terms of cutting his hair and nails? A) It is mustahab (preferable) for him not to cut his hair or his nails or any other hair from other parts of his body. If for some reason one does cut it, then he would not be sinful and would have no effect on his qurbani. (Raddul- Muhtar p.66 V.3) Q) Can a sacrifice be made on behalf of someone else? A) A sacrifice can be made on behalf of others such as minor offspring. This offering is not wajib, but mustahab. Similarly, if one decides to sacrifice on behalf of the spouse or a father or on behalf of an adult off spring can do so with their permission. A sacrifice can also be made on behalf of a deceased Muslim. This can be classified into two categories: 1. If the deceased had made a will, then it is permissible to sacrifice to fulfil the will but is incumbent to give all the meat of the sacrificed animal to the poor and needy. 2. One may make a voluntary sacrifice from one’s own health for the deceased persons and this meat can be partaken by all rich and poor. Q) Is one required to make Qadha for not doing qurbani in the past? A) It is obligatory to make up for the past neglected sacrifices of the previous years if he was the owner of nisaab. One will have to give sadaqah for the previous years. Mohammed Tosir Miah Darul Ifta Birmingham.

Women trimming each other’s hair in Hajj Question Is it permissible for women to trim each other?s hair in order to come out from the state of Ihraam, i.e. after all the acts of Hajj are complete and only the trimming of the hair remains? Answer When a person, male or female, completes all the acts of Hajj before coming out of Ihraam, the Muhrim (person in the state of Ihraam) may cut his own hair or another person's hair even though the other person is also a Muhrim. There will be no penalty for that. (Muallimul Hujjaaj pg.205; Idaratul Qur'aan) Source

Women performing Hajj during menses Question During my previous Hajj I saw some people confused about Menses in Hajj. Is it permissible for a Woman in Menses to assume Ihram? In this situation going to perform Umrah would she have to go to Taneem to re-assume Ihram? I once heard someone saying that there was no evidence of this so would you be able to clarify? Also, with regards to Hajj and tawaaful Ifaadah and menses. I heard two opinions in Hajj about this, one where the woman had to perform Tawaaf and then make a “big” sacrifice in Makkah and one where she just made tawaaful Ifaada and that was sufficient. What is the ruling on this? Would she also have to perform Tawaaful Wida? Answer It is permissible for women who is in menses to assume ihram for hajj. In this state she will do all the rituals (of hajj) except the Tawaaf. In a case where a women is in Makka and she wants to perform Umrah, then she will have to go to Taneem to re-assume ihram. Both the above acts are evident from the traditions recorded by Imam Bukhari in which it is stated that the Prophet (S.A.S) said to Aisha (R.A) (who was in her menses at the time of Hajj), ‘go into ihram for hajj. Do what the other pilgrims do, except that you must not make Tawaaf of the house (Kaaba)’. At the end of hajj rituals, when Aisha (R.A) wanted to perform Umrah which she could not perform before hajj (due to the state of menses), the Prophet (S.A.S) called her brother Abdur Rahman and told him to take Aisha (R.A) to Tan’eem where she would go into ihram for Umrah, and then he must bring her to perform Umrah. (Bukhari). It must be noted that a woman will not be able to perform Umrah while being in the state of menses. If a woman could not perform Tawaful Ifadaah on its time (due to being in the state of menses) then the established teaching (from the hadith) is that she must wait in Makka until she becomes pure and then makes the Tawaful Ifadaah. If she does this, then she will not be required to give a big sacrifice. It is important for a woman to understand that making Tawaful Ifadaah is a part of Hajj and without it, the hajj is not complete. It is for this reason, the law regarding the woman who has not performed this Tawaaf (due to her menses) stipulates that she must wait until she becomes pure and then perform the tawaaf before leaving. If her menses continue for a period which makes it difficult for her to remain in makka, then she can travel and then return after some time to perform the Farz Tawaaf (Tawaful Ifadaah). In this situation, she will not be able to have sexual relations with her husband, and if unmarried, she will not be able to marry until she performs this Tawaaf (since she is still in a state of ihram having started her hajj). In light of the problem many women face today, where they are coming with groups from distant lands and tickets etc. are already booked to return, and they are unable to wait alone or return to makka again due to the difficulties involved, the scholars have given an allowance for a women to do the following: 1) She must make every effort to wait in makka in order to perform the Tawaful Ifaadah (if she is in her menses). In this regard, leaders of hajj groups should not book their ticket to leave immediately after the five days of hajj. They should delay their return by a few days to cater for sisters who may be in this state. 2) Upon becoming pure, the women must make the Tawaaf at her earliest opportunity (while at makka). She should not delay in doing this. 3) If waiting in makka (or madina) until one becomes pure is extremely difficult due to the flight arrangements, and it is also difficult to return to makka at another time to perform the Tawaful Ifadaah (seeing that it is costly and one may live in a distant land), then a women, as a first option, may use medication in order to restrain the bleeding at that time, and perform the Tawaaf (due to necessity). If this is not possible, then she should wait until the last day arrives for her to be in makka (in accordance to her groups traveling schedule) and if the menses do not stop until this time , then she should take a bath and quickly go to the ‘Mataaf’ (place of Tawaaf) and make the Tawaful Ifadaah along with the Sa’ee as fast as possible. In this case, she will also give a big sacrifice. Doing the Tawaaf in this state of menses will be sinful, however, it will suffice for the Farz Tawaaf due to a woman’s difficult situation. This allowance has been given by the scholars due to the difficult situation which a woman may face while completing the hajj. It is the position adopted by the Ahnaf (Hanafi) jurists and has been practiced by many scholars. (Al Fiqhul Islam Wa Adilatihi Vol. 3 Pg 2222). If a women performed Tawaful Ifadaah and afterwards got her menses during the time she was required to do Tawaful Wida, then she can leave whithout doing this Tawaaf. And Allah Knows best. Mufti Waseem Khan Source

Benefits of Wuqoof-e-Qalbi 1) It will improve our Salah because if a person comes on the Musallah to pray Salah and says his Takbir-e-tehrima (Allahu akbar) and if all day he was forgetful of Allah سبحانه وتعالى then just by doing this, he has to do 100% of the work. But if, throughout the day, he remembered Allah سبحانه وتعالى – if he remembered Allah سبحانه وتعالى 20% of the day, then he has to do 80% of the work, if he remembered Allah سبحانه وتعالى 50% of the time, now he has to do only 50% of the work and if he remembered Allah سبحانه وتعالى all day long then now when he comes for his Salah, its very easy for him to concentrate in Salah or it will be very easy for him to focus in Muraqabah; its very easy for him to detach himself from the dunya and reflect on Allah سبحانه وتعالى because while he was in the dunya, he kept himself attached to Allah سبحانه وتعالى by way of wuqoof-e-qalbi. 2) It gives you a (real) perspective on the dunya because once you detach yourself from the dunya; once you disengage yourself from the dunya, the reality of the dunya will open up in front of you – when you sit and you do wuqoof-e-qalbi in a gathering; when you remember Allah سبحانه وتعالى in a gathering then the nature of that gathering will be opened up in front of you. E.g. A person who stop watching T.V. and leaves T.V. for 10 years, then when he walks into a house and sees people watching T.V., the scene looks so strange to him. He looks at these people; he looks at these pictures on the screen and thinks what are these people doing watching this screen. But, that person who regularly watches T.V., it seems like something normal to him. Why? Because the reality of that act; the reality of the ghaflat and heedlessness of the act is unveiled infront of that person who remembers Allah swt. So, the more you remember Allah سبحانه وتعالى, the reality of your dunya will be exposed to you and then you will be able to detach yourself from the dunya. Unless you attach yourself to Allah سبحانه وتعالى, you wont be able to detach yourself from the dunya. 3) It becomes very difficult to sin because normally when a person sins, he sins in a state of forgetfulness. If you ask any young man who committed a sin, that at the moment when you were sinning , were you remembering Allah سبحانه وتعالى ? He’d say at that time I wasn’t remembering Allah سبحانه وتعالى, I even forgot that I was even a Muslim! I had no recollection of Allah سبحانه وتعالى; I even forgot Rasoolullah ; I even forgot that I am someone who has read the Kalima. I was so absorbed/intoxicated/lost/drunken in my sin. But, a person who remembers Allah سبحانه وتعالى throughout the day, when he is in a state of remembrance, it is very difficult to commit a sin because at that time you are attached to Allah سبحانه وتعالى; how can you be attached to Allah سبحانه وتعالى and commit a sin at the same time? Either you’ll have to break that attachment or you’ll have to break off that sin. So, those of us who want to leave our sins, an easy way to do that is to do wuqoof-e-qalbi; is to increase in pausing your heart in the perpetual remembrance of Allah سبحانه وتعالى. source. Taken from muftisays.com

Just find new and new ways to remember Allah سبحانه وتعالى; just like when a young man falls in worldly love with a strange women, he thinks about her at all times in strange ways – he is thinking about her everyday; he never tires of thinking about her. Just like that, a true believer is in love with Allah سبحانه وتعالى وَالَّذِينَ آَمَنُوا أَشَدُّ حُبًّا لِلَّهِ [surah Baqarah; 2:165] That know that the characteristics of believers is that they are crazy mad about their Lord! – they adore Allah سبحانه وتعالى; they are in love with Allah سبحانه وتعالى! What is the requirement of love? that you think about your beloved at all times. Use your own creativity; use your own ingenuity; think carefully – try and try to think about Allah سبحانه وتعالى in more and more different ways; to remember Allah سبحانه وتعالى in more and more different ways. This is all that it means by Wuqoof-e-qalbi – think about Allah سبحانه وتعالى at any moment that you can and make sure you don’t forget Allah سبحانه وتعالى at any moment in time! Why? because Allah سبحانه وتعالى’s Wujood/His Presence is so Great and on top of that He Gives us His Proximity; His Qurb; His Ma’yyiyat; His Closeness to us! How can we forget Allah swt? How undeserving will we be? How deceitful will we be? وَمَا قَدَرُوا اللَّهَ حَقَّ قَدْرِهِ [39:67] it means that they did not truly fulfill the rights of Allah سبحانه وتعالى as they were supposed to. So, one meaning is this that (it befits Him that) you should’ve been thinking about Him at all times! contd..

Another way to do Wuqoof-e-qalbi: Think your heart is saying Allah Allah Allah Another way of doing Wuqoof-e-qalbi is to actually think that your heart is saying Allah Allah Allah. This is when you have free moments of time. For e.g. - Many of us, when we sit on a bus, we have no books with us; we have nothing to do! we just sit for one hour on that bus. So, normally what a person does is that he processes different thoughts – he starts thinking about different things or sometimes he just goes blank; he just goes empty, he doesn’t think about anything for one hour – he wedges out (What we call in English slang) Why? We should make use of that time – spend that time in wuqoof-e-qalbi; maybe it is too awkward in front of the people sitting in the bus to actually do Muraqaba(silent remembrance and reflection of the heart) but at least while sitting there just think about Allah swt - Think anyway you can about Allah swt- the doors of Ijtihaad are open to you in wuqoof-e-qalbi. You can make better intentions than the one I gave you – you can link each and every action in better and better ways each and every day with Allah swt. You can find newer ways to think of Allah swt For e.g. Just look up at the sky, its vastness, and think ‘O my Lord! You are even vaster than this!’ Look up at the stars and think, O Allah swt! Forgive me for my sins which maybe greater than the stars You can look at the stars and think, O Allah swt! I praise You as much as there are stars in the sky You can look at the sand and beaches and think, O Allah swt! I love You more than there are grains of sand in the beaches Just like a lover thinks about his beloved at all times; a true believer thinks about his Beloved Allah swt at all times! contd..

For E.g. 1. You should memorize all the Sunnah duas for each and every action – the Duas before eating; the Duas after eating, the Dua before entering the Masjid; the Dua before leaving the Masjid, the Duas before sleeping 2. In addition to that, before performing any action you should make a Niyyah in your heart. Link every action you do to Allah سبحانه وتعالى For e.g. When you recite the dua before eating – Bismillahi wa ‘ala barakatillah. At the same time, link that act of eating to Allah swt, and make this intention that, ‘O Allah swt! I’m eating this food with the intention that I will get enough strength from this food; I will get enough nourishment from this food so that i can use this strength and nourishment in Your ibadah; in Your worship; in Your Dhikr; in Your remembrance. So, each and everything you do, while you recite the Sunnah Dua that is affiliated with that action, you can alongside make a niyyah that somehow joins that action to Allah swt. 3. When you sleep and recite the Sunnah dua before sleeping, “Allahumma bismika amootu wa ahya”; at the same time make a niyyat, link that act of sleeping back to Allah سبحانه وتعالى. Say that, ‘O my Allah سبحانه وتعالى ! I lay myself down to sleep, so that I may get enough rest from sleeping so that I may rise fresh in Your ibadat, so that I may rise for Tahajjud; so that I can remember you at these special times. So, each and everything in your life, whether it is a worldly thing or a religious thing – you should make an intention for it and link that intention back to Allah swt. And this will be a test for you that anything that you cannot make an intention; anything in your life that you cannot link to Allah سبحانه وتعالى – know that it has some level of sin; that thing has some level of ghaflah; that thing is somehow keeping you away from Allah سبحانه وتعالى. Because through the best of your ability, you cannot link it to Allah سبحانه وتعالى, it means that that thing is clearly a ghairullah; that thing is other than Allah سبحانه وتعالى ; that thing will make you distant from Allah سبحانه وتعالى ; that thing will distract you from Allah سبحانه وتعالى. So, each and every thing in your life, you have to link it to Allah سبحانه وتعالى. contd..

To do Wuqoof-e-Qalbi means that you focus your attention on your heart and then you focus your heart on Allah سبحانه وتعالى. So, the first thing is that you have to be aware that you have this heart inside of you, untill you know the importance of the heart, you will even forget that you have a heart inside of you. So many ayahs of Qur’an-e-Karim and Ahadith instill the importance of our heart, so if you know that you have this valuable precious thing inside of you then you should focus your attention on your heart through out the day and then focus your heart on Allah سبحانه وتعالى. contd.. And, the way to do this is to think about Allah سبحانه وتعالى at all times. This Dhikr-e-Kaseer; this 24-hour Dhikr, it just means to think about Allah swt; to remember Allah swt at all times. Anything that comes in front of you through out the day, anything that you do – you have to make it a means of remembering Allah سبحانه وتعالى E.g. If you’re doing something with your family, then while you are with your family look at them and view them as a blessing of Allah swt and immediately that will lead you to remember Allah swt Everything that you do you have to seek a means of making it a way for you to think about Allah swt. We are exactly the opposite. - If we sit in the Masjid, we find some means to think about the Dunya; if we are standing in Salah, some way our Nafs finds something to think about the world; If we are reading our Qur’an, our Nafs finds someway to make us think about the world. So, just like the Dunya is so overpowering on us that we are always thinking about it – Wuqoof-e-Qalbi means that you have to make Allah swt overpowering in your life. You have to bring Allah سبحانه وتعالى back into your life. You have to reconcile that distant Lord. You have to stay away from those things that keep you from Allah swt – so through out the day, each and every thing that comes in front of you, you should use it as a means to think about Allah swt. One of the things that the Mashaikh prescribe to assist you in this is that for everything you do, you must form a Niyyah; an intention.

Hazrat Shaikh Mufti Kamaluddin Sahab (db) on Wuqoof e Qalbi وَالَّذِينَ جَاهَدُوا فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا وَإِنَّ اللَّهَ لَمَعَ الْمُحْسِنِينَ [29:69] سُبْحَانَ رَبِّكَ رَبِّ الْعِزَّةِ عَمَّا يَصِفُونَ وَسَلَامٌ عَلَى الْمُرْسَلِينَ وَالْحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ [37:180-182] Wuqoof-e-Qalbi means to remember Allah سبحانه وتعالى all the time. This word, “Wuqoof” comes from the word “waqf” which means “To Pause”. So, Wuqoof-e-Qalbi means to pause your heart; to maintain your heart; to still-stop your heart on the remembrance of Allah swt – to not let your heart deviate; to not let your heart go astray into the thoughts of ghairullah (anyone other than Allah swt) but to pause your heart on the remembrance of Allah swt. Allah سبحانه وتعالى has Given us this ability that if we want to, we can keep something in our heart at all times – we can keep a thought running in our background at all times. E.g. 1. If someone’s wife tells him to go get vegetables from the market, and he goes to the market but on the way he finds a friend so he stops on the way and starts talking with his friend – but all the time he remembers that my original purpose to get out of the house was to get the vegetables. He won’t forget that he has to get the vegetables, when he leaves his friend he will go get the vegetables. This shows that Allah swt ability to do two things at once – on one hand he was talking to his friend and inside his heart he was thinking that he has to get the vegetables. 2. Just like that when a student has any exam coming up -whether its a madressa exam or college exam – when the exam is one week away, that student is in an examination-mode! Every second of the day he knows that his exam is coming up; that his examination is looming on top of him – he might be stopping to eat something; drink something; he might be driving on the way to the library – but every second he knows that I have this exam coming up. So, this means that a person has this ability to process something at the background. Just like in a computer, you have windows. Windows is the operating system, it is always running at the background no matter what programs you put over it windows never stops functioning its always there in the background – just like that a true believer in his heart always remembers Allah swt. No matter what he is doing, he has a cord attached from his heart to Allah swt This is why our Mashaikh say that that moment in which a person forgets Allah swt it is as if he is a kaafir! Because if you open up his heart – its empty and if you open up the heart of a kaafir, its also empty(of the remembrance of Allah swt). So, the only difference between us and a kaafir is of the remembrance of Allah swt. Now, how to do this Wuqoof-e-Qalbi? How can we practically focus our heart on Allah swt? contd..

Coming out of Ihraam due to Unforeseen Circumstances Q: What is the shar’i ruling regarding a person who tied his Ihraam for Haj or Umra but due to illness or any other unforeseen circumstance he was unable to travel? How will he come out of Ihraam? A: He should appoint someone to slaughter a damm on his behalf in the precincts of the Haram. Once the animal is slaughtered he will come out of Ihraam. ( إذا أحصر بعدو أو مرض ) أو موت محرم أو هلاك نفقة حل له التحلل فحينئذ ( بعث المفرد دما ) أو قيمته فإن لم يجد بقي محرما حتى يجد أو يتحلل بطواف وعن الثاني أنه يقوم الدم بالطعام ويتصدق به فإن لم يجد صام عن كل نصف صاع يوما ( والقارن دمين ) فلو بعث واحدا لم يتحلل عنه ( وعن يوم الذبح ) ليعلم متى يتحلل ويذبحه ( في الحرم ولو قبل يوم النحر ) خلافا لهما … ( و ) يجب ( عليه إن حل من حجه ) ولو نفلا ( حجة ) بالشروع ( وعمرة ) للتحلل إن لم يحج من عامه ( وعلى المعتمر عمرة ) وعلي ( القارن حجة وعمرتان ) إحداهما للتحلل ( الدر المختار 2/590-593 ) Answered by: Mufti Zakaria Makada Checked & Approved: Mufti Ebrahim Salejee (Isipingo Beach)

Allah’s Messenger Sallallaahu Alayhi Wa Sallam said, “Divorce is the most hated of all lawful (halaal) things in the sight of Allah” (Sunan Abu Dawud, no. 2178). Question Could I please have more information with regards to Shariah around the custody of children if a couple has gone through Talaaq and western divorce? (Questions published as received) Answer If and when a marriage unfortunately comes to an end, the problems of the parties involved should not in any way affect the children. Children are a trust (amanah) from Allah and they should be treated and looked after in a proper manner. They have many rights, of which two are of utmost importance: to receive proper care and love, and the other proper upbringing (tarbiyah). These rights of a child cannot be fulfilled except with the joint endeavour of the parents. The love, care and attention of the mother is just as important as the upbringing and training of the father. In light of the above, divorce should definitely be avoided as much as possible, especially in the case where children are involved. However, if divorce did take place, and both parties demand their rights, then the right of custody will be in the following way. In should be remembered here that there is nothing wrong in making a mutual arrangement, as long as there is no objection from those who have a right to custody. The mother has a right of custody for a male child until the child is capable of taking care of his own basic bodily functions and needs, such as eating, dressing and cleaning himself. This has been recognized at seven years of age. (Shaami) In the case of a female, the mother has this right of custody until she reaches puberty. This has been declared at nine years of age. (al-Mawsili, al-Ikhtiyar li ta’lil al-mukhtar) The reason for this is that, in the early years, the mother is more suitable for raising the young child (regardless of sex) with love, mercy, attention, and motherly care. The male child after reaching the age of understanding (7) is in need of education and acquiring masculine traits, which is why he is then transferred to the father. The female child, after reaching the age of understanding is in need of being inculcated with female traits, which she receives by living with her mother. After reaching puberty, she is in need of protection which the father offers. However, the custody of either of the parents can be revoked should staying with him/her be detrimental to the child’s upbringing. It should also be remembered that after the transferral of custody from the mother to the father, the boy remains in the custody of the father until puberty, at which point, if he is mature and wise, he is free to choose with whom to live, or to live on his own. As for the girl, custody remains with the father until she marries. Irrespective of who (mother/father) has the rights of custody, the other party has visitation rights according to mutual understanding and consent. Generally, the party having the rights of custody uses the child as a weapon to punish the other party by depriving them of visitation rights. This is totally against the concept of Islam and a grave sin. It is also very harmful to the child. At all times, the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible. When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both. (Shaami) And Allah Knows Best Fatwa Department Jamiatul Ulama (KZN) Council of Muslim Theologians

Having difficulty dealing with children has become a widespread phenomenon. Many parents seem to be quite at loss when it comes to enforcing good morals in their children. Research has shown that some parents use fruitless styles to achieve this goal. There are certain common mistakes parents make in bringing up their children -- both boys and girls. Parents may commit these mistakes out of either ignorance or negligence, despite meaning well. Ultimately, these parenting mistakes have negative repercussions on the righteousness and good qualities of the children. The following are some of these mistakes: Rebuking children for every error: Despising and rebuking the child for every mistake he commits, in a way that makes him feel humiliated and inferior. This is a great mistake committed by some educators. The right way is to warn the child gently and leniently, and convince him why he should avoid his wrong behavior. Reprimanding children publicly: If the educator feels the need to reprimand the child or admonish him, this should not be done in front of his siblings or friends; rather he should advise him alone. Punishing children too harshly: Punishing children too harshly is a big parenting mistake. Researchers studying child behavior state that discipline is effective only when it is mild. For example, "time out" should not be for more than a few minutes, and depriving the child from some of his privileges should not be prolonged beyond one day. Excessive pampering: Excessive pampering of the child and showering affection -- especially by the mother -- will lead to serious consequences on the child's psyche and his behavior. It will increase his diffidence, make him introverted, increase his fear, weaken his self-confidence, and make him lag behind his peers. Delaying the process of education: The idea of disdaining and neglecting the early education of the child is completely wrong. The process of educating the child and guiding him should start immediately after weaning. Parents should start directing the child, guide him, command him to do certain things and not to do others, promise to reward him and threaten to punish him, and inculcate the love of good deeds and hatred of bad ones. Accustoming children to laziness: Another aspect of parenting mistakes is when the mother, as a kind of mercy and kindness towards her child, does not allow him to take up activities and chores that he is capable of doing. This mistake makes the child lose his spirit of cooperation with the family in all aspects of life, especially in the sphere of performing his duties in service of the household. This causes the child to be dependent on others, lose his self-confidence and accustoms him to laziness. Being overprotective: Some mothers commit another mistake by not letting the child stray far from her eyes even for a moment, fearing that he will be harmed. In fact, such over-protectiveness harms the child and does not benefit him. Treating children unjustly: Favoring some children over others, whether in giving gifts or in kind treatment or in love, is another great mistake. Parents should be fair and just with their children. Disparaging children: Disparaging children by silencing them or making fun of them when they talk and express themselves is another mistake. Consequently, the child will be less confident, less courageous in talking and expressing himself, and more shy in front of people. Disregarding their feelings: Children need to be able to examine their feelings about things. One of the most common mistakes parents make is disregard their children's feelings - by telling them not to cry, for example. A better way to approach such a case is to show compassion towards them by letting children know that you know how they feel. Compromising established rules: If parents make rules, the need to be ready to enforce them. Parents are not expected to set military standards for discipline for their children, but children should know that when parents say "No" it certainly means nothing else but "No". When kids learn that parents will not give in to their fits, they will simply stop throwing them. Setting a bad example: Finally, committing forbidden acts in front of children like smoking, listening to music or watching movies is another vital mistake. Undoubtedly, this makes the parents and the educators bad examples to children. islamweb

Question I want to know the difference between ‘hadith and qiyas’ Answer Islamic jurisprudence is based on 4 fundamental principles. Quran Hadith Ijma’a (consensus) Qiyaas (Analogy) One should remember that not every ruling can be found in the Quran and hadith. Quran and hadith are the roots of sharia. Everyday a new Mas’alah arises which is not found in the Quran and hadith. The method of deriving these new Masa’ail is known as Qiyaas. Qiyaas has its rules which are strictly followed. Qiyaas is used for those situations in which there are no rulings found in first 3 principles. So the ruling derived from the first three is then fitted onto the current situation. Qiyaas is there to bring into open some ruling which has its roots in the Quraan/Hadith. Source

Qiyas

Imam Tirmidhi and Imam Abu Dawood have both narrated that when the Prophet sallalahu alaihi wa sallam sent Mu'adh ibn Jabal(ra) to Yemen (as a governor), He asked him: "How will you judge if you are asked to do so?" Mu'adh said: "I will judge according to the Book of Allah(Quran)." The Prophet: "And if you do not find it in the Book of Allah(Quran)?" Muadh: "Then I will judge according to the Sunnah of His messenger." The Prophet : "And if you do not find it in the Sunnah of the Messenger, or in the Book of Allah(Quran)?" Muadh: "Then I will exercise my opinion(Qiyas) and I will not be negligent with it." The Prophet then patted the chest of Mu'adh with his hands and said: "All praise is due to Allah Who has guided the emissary of His Messenger towards that which He guided His Messenger." From the above Hadeeth Muadh ibn Jabal(ra) gives first source as The Book of Allah(Quran). Then he gives the second source as the Sunnah and the third source as ijtehad (Qiyas). There is no Ijma binding on Sahaba(ra) as long as the Prophet(sas) was among them, Sahaba(ra) did Ijma after the prophet sallallaahu 'alayhi wasallam, Sahaba(ra) made Ijma on certain Issues of Islam some of the examples of Ijma of sahaba(ra) is given below.

As far as i've understood it is the method of performing taraweeh in jama'at and completing the Qur'an in the 20 rakat which is Ijma (not the number of rakat)...and Allah ta'ala knows best. EDIT

Yes...i was meant to check that before posting but forgot, sorry from another place

Question Salaams, Please assist me with an explanation to the following. 1. What are the implications of Universal and Local ijma? 2. What is the legal basis of Qiyas? 3. Examples of three cases settled by Qiyas. 4 One example of the application of Ijma JazaakAllah. May Allah Reward you for all your efforts. Amen Answer In the name of Allāh, Most Gracious, Most Merciful Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh We acknowledge receipt of query and your answer follows hereunder; 1. The universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive Ijma’ as lay down by Ulama of Usul and is binding by early Usuliyeen (scholars of Usul i.e principles of Islamic jurisprudence). The first time, Ijma’ occurred among the Sahabis, companions of the Prophet (Sallallaahu ‘alayhi wassallam). Unanimity of Ulama on an issue of a particular time is a requirement of Ijma’. However Ijma’ initially is to bring unity of Ummah in some matters and enhances the authority of the rule. Ijma’ will also be regarded to be an absolute proof in Shari’ah, to go against an absolute proof of Shari’ah could be of great threat for our Imaan. 2. Examples of Ijma’ are: The second of Jummah. Compilation of the Qura’an in a single manuscript. Prohibition of Muta’ 3. Technically, qiyas is the addition of a Shari’ah value from an original case, or asl,, because the latter has the same efficient root as the former. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. Recourse to analogy is only warranted if the solutions of new cases are not covered by the nusus (Qur’an & Sunnah) or a definite ijma`; otherwise it would be vain to resort to qiyas if the new case could be resolved under a ruling of the existing law. 4. A simple example of qiyas is the ruling of all intoxicants being haraam. In the Holy Quran, Allah Ta’ala orders us to refrain from khamar (wine, alcoholic drinks). So it would clearly appear that the reason for the prohibition is because of the intoxicating effect. Therefore, although not particularly mentioned in the Qura’an and Hadith, all other things which have an intoxicating effect (such as drugs etc.) will be deemed haraam as well due to the verse which prohibits khamar. (Tasheel Usul-ul-Shashi, P. 168, Idaratul Quran) And Allāh Ta῾āla Knows Best Wassalāmu ῾alaykum Ml. Mohammad Ashhad bin Said Correspondence Iftā Student, Mauritius Checked and Approved by: Mufti Ebrahim Desai Dārul Iftā, Madrasah In῾āmiyyah

ok we know from reading the posts that when the sahaba RA did not find any clear ruling from the Qur'an and Sunnah, consultation took place..

Is it Kufr (disbelief) to reject Ijma’? Question Is it kufr to reject something upon which there is ijma’. For example, the death penalty for apostasy. Many Muslims reject this law, and although its not proven from mutawatir ahadith (like stoning), there is still consensus on Answer: In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. There are 3 different levels of Ijmāʿ in terms of transmission: 1) Al-Ijmāʿ al-Mutawātir (Continual consensus) 2) Al-Ijmāʿ al-Mashūr (well known consensus) 3) Al-Ijmāʿ al-Āhādī (solitary consensus)[1] Only the rejection of al-Ijmāʿ al-Mutawātir has the potential to take someone out of the fold of Islam. Rejecting al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will not result in apostasy. However, a person who rejects al-Ijmāʿ al-Mashūr (well known consensus) or al-Ijmāʿ al-Āhādī (solitary consensus) will be regarded as deviant and must do Tawbah. Furthermore, al-Ijmāʿ al-Mutawātir can only be established from the Sahābah Raḍiallahu `anhum. `Allamah Qasim ibn Qutlūbgā rahimahullah mentions that only the rejection of the Ijmāʿ which was explicitly agreed to (taṣrīhan) by the ṣahābah raḍiallahu ʿanhum has the potential to take one out of the fold of Islam. Rejection of an ijmāʿ which has the explicit approval of some and tacit approval of others will not take one out of the fold of Islam.[2] Despite extensively researching, I have not been able to locate an ijmāʿ on the killing of apostates which has taṣrīh (explicit approval) of the Sahābah. Generally, whenever there is doubt in something resulting in disbelief or not, the Fuqahā’ do not issue a fatwa of disbelief. Instead, the Fuqahā’ state that if there are 70 clear reasons to issue a fatwa of disbelief upon someone and 1 vague and unclear reason to prove he is a believer, the Muftī must issue a fatwa of the person being a believer and disregard the 70 clear reasons.[3] And Allah Ta’ālā Knows Best Mufti Faraz Adam al-Mahmudi, www.darulfiqh.com

Ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them Question Can you clarify the method for concluding an ijma among the companions verses the method employed among the generation(s) of fuqaha that followed them? To what extent was ijtihad employed in the process of concluding an ijma in these different generations? I was previously under the impression that ijma on a specific issue would be reached when 1) the mujtahid conducts his individual ijtihad on a specific issues then 2) if all of the mujtahideen of that age agree then we could say there is a scholarly consensus. It was recently brought to my attention that the ijma of the companions (radi Allahu anhum) may not necessarily have followed this model. For example their ijma may have been a clarification or confirmation of specific narration from Rasulullah (sallallahu alayhi wa sallam) that hadn’t been related out of carefulness, and didn’t involve discovery into an issue using ijtihad. Can you clarify some of the ‘procedural’ differences between the eras, as well as the tools employed in reaching ijma? Answer In the Name of Allah, the Most Gracious, the Most Merciful. As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. The issue of Ijmaa’ (consensus) is a highly academic issue involving complex and intricate principles of Shari’ah. One needs to study many books of Usool al-Fiqh in order to understand the intricate principles governing Shari’ah known as Usool al-Fiqh, such as, Usool as-Sarakhsi (Muhammad bin Ahmad al-Sarakhsi), Kashf al-Asraar (‘Abdul ‘Azeez bin Ahmad al-Bukhari), Noor ul-Anwaar (Mulla Jeewan), Jam’I ul-Asraar (Muhammad bin Muhammad bin Ahmad al-Kaaki) and others. Usool al-Fiqh is generally taught in the third and fourth year of the traditional six-year ‘Alim course. There are four basic sources of Fiqh: The Qur’an The Sunnahof His Rasulullah (sallAllahu ‘alayhi wa sallam) The Consensus (Ijmaa’) of the ummah Analogy (Qiyaas) In the subject of Usool al-Fiqh, the details of the principles governing the laws extracted from the above four are explained in much detail. In the discussion of sources (usool) from the Qur’an, the issues of specification (khaass) and generality (‘aam), unconditional (mutlaq) and conditional (muqayyad), commonality (mushtarak) and interpreted (mu’awwal), command (amr) and prohibition (nahy) with the diminutives of all the above are explained in detail. Likewise, the mode of expression for example, apparent (zahir), clear (nass), explained (mufassar) and the unequivocal (muhkam) expressions, and those that oppose them, obscure (khafi), problematic (mushkil), unclear (mujmal) and the ambiguous (mutashabih) expressions. With regards to the issue of Ijmaa’, there are of different degrees. Different rulings are stipulated for each degree of Ijmaa’. Some will be at the level of a verse from the Qur’an while others are at the level of mutawatir, or at the level of khabar al-wahid. Furthermore, other classifications of Ijmaa’ are discussed, such as murakkab, ghayr murakkab as well as ‘adamul qaa’il bil fasl. Nevertheless, a direct understanding of this intricate topic without having the preliminary knowledge to understand the issue of Ijmaa’ may be counterproductive as understood from the above very brief explanation. Moreover, we have not touched the intricate principles from Hadith and Qiyas (analogy). The intricacies of law with its definition and application will also be appreciated by a student of secular law as well. For example, the issue of “dolus eventualis” may not be easily understood by a person not having understood the basics of secular law. Even a judge may err in the understanding and interpretation of such a terminology. And Allah Ta’āla Knows Best Fahad Abdul Wahab Student Darul Iftaa USA Checked and Approved by, Mufti Ebrahim Desai www.Daruliftaa.net

Ijma-as-Sahabah in Hanafi Madhaab Assalamu alaikum Dear repected Ulema I would like to know if Ijma-as-Sahabah is a stronger evidence than a hadith in the Hanafi usool? Also, how many sahabah does there have to be to reach an ijama? I have heard that the number is 5. I have been of the understanding that Ijma can outweight a hadith because it is unthinkable that a group of Sahabah can contradict the sunnah of Rasullullah (saw) or make an error. JazakAllah Khair Answer Wa alaikumussalam 1) According to the principles of Hanafi Jurisprudence, Hadith of Rasoolullah Salallahu alaihi wasallam is ranked as the second source of Islamic Law. Ijma’ (consensus) is third in line. 2) There is a difference of opinion regarding this amongst the Hanafi Jurists. The majority view is, Ijma can only be established when all of the Jurists of that era unanimously decide upon something, even the disagreement of one or a minority would not allow an Ijma’ to take place. However, some of the Jurists such as Sarakhsi are of the opinion that even the agreement of Three Jurists constitutes an Ijma’. Some say 2. Some even say that if there only remained one Mujtahid alive, then his opinion alone would be considered Ijma’, due to the fat that at the time of isolation the term ‘ummah’ is befitting for him. 3) Can an Ijma’ outweigh a Hadith? FIrstly, it is unthinkable that the Sahaabah would unanimously contradict a Hadith that is Mutawaatir. There are many terminologies, principles and concepts one must understand before tackling this question. This requires alot of depth. And Allah knows best. Mufti Yaseen Shaikh muftisays.com

Ijma The third principle of Islamic Sharia Law is called Ijma. Ijma literally means to determine or to agree upon something. Technically, Ijma is defined as the unanimous agreement of the scholars and jurists of the Muslim community of any period following the demise of the Prophet of Allah Sallallahu Alahi Wasalam. It is clear from its definition that Ijma can only occur after the demise of the Prophet Allah Sallallahu Alahi Wasalam. For during his lifetime, the Prophet was the highest authority on Sharia Law, hence the agreement and the disagreement of others did not affect the overriding authority of the Prophet. Following the demise of the Prophet Muhammad in the year 632, the Companions used to consult each other about the problems they encountered and their collective agreement was accepted by the community. After the Companions, this leadership role passed on to the next generation, the Successors and then to the second generations of Successors. In this way a fertile ground was created for the development of the theory of Ijma. The essence of Ijma lies in the natural growth of ideas. It begins with the personal opinions of the jurists and culminates in the universal acceptance of a particular opinion over a period of time. Differences of opinion are tolerated until a consensus emerges, and in the process there is no room for compulsion or the imposition of ideas upon the community. (M.H. Kamali in his book Principles of Islamic Jurisprudence, p.231) There is evidence from the Qur’an which indicates to the validity and establishing of this principle of the Sharia. For example, God says: “Obey God and obey the Prophet and those who are in charge of affairs among you. Should you happen to dispute over something, then refer it to Allah and to the Prophet.” (Surah Nisa v.58 – v.59) According to the famous Companion Ibn Abbas May God Be Pleased with Him considers this verse to be referring to the Islamic scholars. Similarly, the Prophet of Allah Sallallahu Alahi Wasalam Companion Abu Bakr Radiallahu Anhu when he could not find a clear cut ruling on a matter in the Qur’an or the Sunnah, then he would consult with the senior and prominent Companions, and he would rule on the consensus reached. (Sunan Darimi) The hadiths which you quoted in the question is referring to the validity of Ijma when it comes to Islamic rulings. The hadith is informing us to act upon the rulings of the majority of the scholars. Only Allah Knows Best Mohammed Tosir Miah Darul Ifta Birmingham.

What is Ijma and Qiyas and why we should follow them? Answer The Islamic Shariah is based on four foundations: (1) The Holy Quran. (2) Hadith. (3) Ijma (consensus). (4) Qiyas (analogy). It is necessary and wajib to follow these sources. Ijma and Qiyas have been extracted from the holy Quran and Hadith. These four are the Usool (principle) of Shariah. Can we just follow Quran and Hadith? Answer As it is necessary for us to follow the holy Quran and Hadith, in the same way it is necessary to follow those Usool and Furoo (derivative issues) extracted from the holy Quran. Otherwise people will start following their own will in the name of the Quran and Hadith. It is obvious that the person who follows his own will shall not be called the follower of the holy Quran and Hadith. The above answers are part of the answer from Here

Aameen. He sent out the following message 23rd Dhul Qa'dah 1435 AH ~ Wednesday 17th September 2014 A Message from Shaykhul-Hadīth, Shaykh Mawlānā Muhammad Saleem Dhorat hafizahullāh Bismillāhir-rahmānir-rahīm Assalāmu 'alaykum warahmatullāhi wabarakātuh I have been overwhelmed by the affection of the many many people who have sent me messages of support and du'ās in recent days, from this country and from around the world. May Allāh reward them all with Divine Love. I humbly request everyone to favour me with the following during my life and after: 1. Continue making du'ā for me. 2. Do whatever you are able to by way of isāl-ath-thawāb for me. 3. Try hard to bring into your lives the teachings that I have been striving to convey to the Ummah throughout my life. Jazākumullāh ahsanal jazā Yours Muhammad Saleem Dhorat