The Ruling Concerning Multiple Groups and Parties : al-Albaani, ibn Baz, ibn Uthaymeen

Fatwaas by Shaykh ’Abdul-’Azeez bin Baaz, Shaykh Naasirud-Deen al-Albaanee, Shaykh ibn Uthaymeen
Al-Ibaanah Online, Issue No.3 – Dhul-Qa’dah 1416H / April 1996

Fatwa of Shaykh bin Baaz [1]

[Q] What is the obligation upon the Muslim Scholars with regard to the large number of jamiyyaat (societies) and jamaa’at (groups) in many of the Islaamic lands and elsewhere, and with regard to the differences that exist between them, to the point that each group declares the others to be misguided. Do you not hold that it is fitting to enter into explaining the like of this matter, and to clarify the truth concerning their differences, for fear that these differences will increase and lead to evil consequences for the Muslims?

[A]: Our Prophet sallallaahu ’alayhi wa sallam made clear to us a single way which it is obligatory upon the Muslims to follow and traverse, and that is Allaah’s Straight Path and the methodology of His upright religion. Allaah – the Most High – said: “And this is My Straight Path, so follow it and do not follow other paths that will separate you from His Path. This has He ordained for you, that you may become pious.” [Soorah al An’aam 6:153]. Just as the Lord of Might and Majesty warned the Ummah (nation) of Muhammad sallallaahu ’alayhi wa sallam against splitting and disunity, since that is one of the greatest causes of failure and of the enemy taking control, as occurs in the saying of Allaah – the Mighty and Majestic’s – : “And hold fast altogether to the rope of Allaah and do not be divided.” [Soorah Aal-Imraan 3: 101 ]. And His – the Most High’s – saying: “He has ordained for you the same religion which He ordained for Nooh, and that which We revealed to you, and that which We ordained for Ibraaheem, Moosaa and ’Eesaa ’alayhimus-salaam, saying: that you should establish the religion by doing that which you are ordered with, and make no divisions in it. Intolerable for the Pagans is that to which you call them.” [Soorah ash-Shooraa 42:13].

So this is a Divine call to unity and for hearts to be harmonised. And in any Islaamic land, if there are many groups for the purpose of good, aid, cooperating in righteousness and piety between the Muslims without their being differences between the desires of the companions and followers – then this is good, is a blessing, and produces great benefit.

However, if each of them declare the others to be misguided and attack their actions, then this harm is very great and its evil consequences very serious. Then what is obligatory upon the Muslims is to clarify the true state of affairs and to discuss with each group and to sincerely advise all of them that they should proceed upon the way laid down by Allaah for His servants, and upon that which our Prophet Muhammad sallallaahu ’alayhi wa sallam called to. Then those who ignore this, or continue in their stubbornness, due to personal benefit or goal – known only to Allaah – then what is obligatory upon those who know the reality is to make this known about them and to warn against them, so that the people may avoid their path, and that those who do not know the reality of their affair may not fall into it and be led astray, and that they are not turned away from the Straight Path which Allaah ordered that we follow, as occurs in His – the Mighty and Majestic’s – saying: “And this is My Straight Path, so follow it and do not follow other paths that will separate you from His Path. This has He ordained for you, that you may become pious.” [Soorah al-An’aam 6:153]. And from that which there is no doubt about is that the multitude of sects and groups in the Islaamic society is, firstly something desired by Shaytaan, and secondly something desired by the enemies of Islaam from amongst mankind. Since agreement and unification of the Muslims, and their being aware of the dangers which threaten them and their ’aqeedah (beliefs), will make them active in refuting and rebutting it, and acting in a unified manner for the benefit of the Muslims, thereby repelling the danger from their religion, their lands and their brothers. And this is something which the enemies -from amongst mankind and jinn – are not pleased with. Therefore they are very eager to split-up the Muslims, destroy their unity and to sow the seeds of enmity and discord between them. We ask Allaah that He unites the Muslims upon the truth and that He removes from their society every type of misguidance and every cause of discord. Indeed He is the One Who is able to do that, and He is the One having full power over it.

The Fatwaa of Shaykh al-Albaanee [2]

[Q]: What is the Sharee’ah ruling concerning these numerous Islaamic groups, parties and organizations which differ amongst themselves in their minhaaj (methodology), their modes of operations, their da’wah (call), their ’aqeedah (beliefs) and the foundations upon which they are based. Especially when the group of truth is a single one, as is proven by the hadeeth?

[A]: We have spoken a lot about the answer to this question, therefore we shall be brief whilst speaking about it. So we say: It will not be hidden from any Muslim who has knowledge of the Book and the Sunnah and that which our Salafus-Saalih (Pious Predecessors) – may Allaah be pleased with them all – were upon, that firstly; formation of parties and organizing into groups with differing thought, and secondly; differing in the minhaaj (methodology), is not from Islaam at all. Rather it is from what our Lord – the Mighty and Majestic – has actually forbidden, in more than one aayah (verse) from the noble Qur‘aan. From this is His – the Most High’s – saying: “And do not be like those who worship others besides Allaah – those who split-up their religion and become sects. Each party rejoicing in only that which is with them.” [Soorah Room 30:31-32]. And our Lord – the Mighty and Majestic – also says: “And if your Lord has so willed, He could have made mankind a single nation. But they will not cease to differ, except those upon whom your Lord has bestowed His Mercy.” [Soorah Hood 11: 118 -119] So Allaah – the Most Blessed, the Most High – made exempted from this differing and disagreement – a differing which must occur by Allaah’s creational Decree , but not as something that He is pleased with or desires from us – that sect upon which He has bestowed His Mercy, as occurs in His saying: “ … except those upon whom your Lord has bestowed His Mercy.” And there is no doubt whatsoever, that any group that has purity of intention for Allaah, and earnestly desire to be from that nation which is exempted from this differing; and upon whom Allaah has bestowed His Mercy, then there is no way to practically reach and attain this in the Islaamic societies, except by returning to the Book and to the Sunnah of the Messenger sallallaahu ’alayhi wa sallam and to what our Salafus-Saalih (Pious Predecessors) – may Allaah be pleased with them all – were upon.

And Allaah’s Messenger sallallaahu ’alayhi wa sallam made clear the manhaj (methodology) and the correct way, in many authentic ahaadeeth: From the Prophet sallallaahu ’alayhi wa sallam, that one day he drew a straight line upon the ground, and drew short lines around the straight line. Then he recited Allaah – the Most Blessed, the Most High’s – saying: “And this is My Straight Path, so follow it, and do not follow paths other that will separate you from His Path.” [Soorah al-An’aam 6:153]. He then pointed with his finger to the straight line and said that this is Allaah’s Straight Path. Then he pointed to the other lines away from the Straight Path and said: At the head of each of these other paths, there is a devil calling the people to it. [3]

And there is no doubt that these short paths are those which represent the many parties and groups. Therefore, what is obligatory upon every Muslim who truly desires to be from al-Firqatun-Naajiyah (the Saved Sect) is that he proceeds upon the Straight Path – neither turning to its left or its right. And there is no party which is successful, except the Party of Allaah, about which the noble Qur‘aan mentions to us: “Indeed, it is the Party of Allaah who are succesful.” [Soorah al-Mujaadilah 58:22].

Therefore, every party which is not the party of Allaah is only from the party of Shaytaan and not from the party of ar-Rahmaan (the Most Merciful). And there is also no doubt at all, that proceeding upon the Straight Path requires correct knowledge of it, and this cannot be attained by mere organization and mere formation of parties – that desire to be upon true Islaam, but not truly understanding what was the Islaam that Allaah – the Most Blessed, the Most High – sent down upon the heart of Muhammad sallallaahu ’alayhi wa sallam. And the sign of the Saved-Sect was clearly stated by the Prophet sallallaahu ’alayhi wa sallam, when he was asked about it – so he said: It is that which I and my Companions are upon. [4]

So this hadeeth indicates to the one eagerly seeking knowledge of Allaah’s Straight Path, that one must have knowledge of two extremely important matters: – Firstly: That which the Messenger sallallaahu ’alayhi wa sallam was upon. Secondly. That which his sallallaahu ’alayhi wa sallam’s Companions were upon. this is because the noble Companions were those who transmitted the guidance of the Prophet sallallaahu ’alayhi wa sallam and his Sunnah to us, and secondly that they were the ones who best followed this Sunnah in practice. So since this is the case, it is not therefore possible for us to have a correct understanding of the Prophet’s Sunnah, except by way of his Companions … Thus, attaining a correct understanding of Islaam cannot be possible except through knowing the life examples of the Companions and how they followed this great Islaam which they took from the Prophet sallallaahu ’alayhi wa sallam – either from his sayings, actions or tacit approvals.

Therefore, we believe with certainty, that every group that does not establish itself upon the foundations of the Book and the Sunnah and the manhaj (methodology) of the Salafus-Saalih having extensively and comprehensively studied the rulings of Islaam, the large and the small, the principles and the branches then this group will not be from the Saved Sect; the Sect that which proceeds upon the Straight Path which was indicated by the Messenger sallallaahu ’alayhi wa sallam in the authentic hadeeth.

And if we imagined that there are separate groups in the Islaamic lands, upon this manhaj (methodology), then they will not be considered as being parties, rather they are a single group, with a single manhaj and its path is a single one. Though they are separated by land, they are not, however, separated in thoughts, ’aqeedah (beliefs), or manhaj. Rather this separation is only due to a physical separation of land – as opposed to the various groups and parties, which may even be in a single land, yet despite this, each party is pleased only with what it possess. As for these types of parties, we do not believe that they are upon the Straight Path. Rather we state with certainty, that they are upon those paths – at the head of each one there is a devil calling the people to it. And hopefully this contains an answer for what has preceded.

The Fatwaa of Shaykh Ibn al-’Uthaymeen [5]

[QJ: Are there any texts from the Book of Allaah or the Sunnah of His Prophet sallallaahu ’alayhi wa sallam which contain an allowance of multiple groups and parties or al-Ikhwaan?

[A]: I say: There is not in either the Book or the Sunnah that which allows multiple parties and groups. Rather, there is in the Book and the Sunnah that which censures this. Allaah – the Most High – said: “Verily those who split-up their religion and become sects, you have no concern with them in the least. Their affair is with Allaah, Who will tell them about what they used to do.” [Soorah al-An’aam 6: 159]. Allaah – the Most High – said: “Each sect rejoicing in only that which is with itself.” [Soorah Room 30:32]. And there is no doubt that these parties are contrary to what Allaah ordered. Rather what Allaah has ordered and encouraged is in His saying: “And indeed this Ummah of yours is one Ummah and I am your Lord, so fear and obey Me.” [Soorah al-Mu‘minoon 23:52]. And some people say: It is not possible for the da’wah (call) to be strong unless it is done within the framework of a party! We say to that: This is incorrect! Rather the da’wah will be strong whenever the person is under the Book of Allaah and the Sunnah of His Messenger sallallaahu ’alayhi wa sallam following the narrations of the Prophet sallallaahu ’alayhi wa sallam and that of his Companions.


References

1. Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah (5/202-204).
2. Fataawaa Shaykh al-Albaanee (pp.106-114)
3. Hasan: Related by Ahmad (l/435) and an-Nasaa‘ee (7/49).
4. Hasan: Related by at-Tirmidhee (5/26).
5. From a cassette entitled Majmoo’ Kalaamul-’Ulemaa fee ’Abdur-Rahmaan ’Abdul-Khaaliq (side two).


Comprehensive Guidance

From al-Haarith al-Ash’aree radiallaahu ’anhu, who said that Allaah’s Messenger sallallaahu ’alayhi wa sallam said:

Indeed Allaah – the Most High – ordered Yahyaa ibn Zakariyyaa ’alayhimus-salaam with five things; that he should act upon them and order the Chldren of Israa‘eel to cat upon them. ’Eesaa ibn Maryam ’alayhis-salaam said to him: Indeed Allaah ordered you with five things, that you act upon them and that you order the Children of Israa‘eel to act upon them. So either you order them, or I will order them. So Zakariyyaa said: If you precede me in that, I fear that I will be punished or swallowed up by the earth. So he gathered the people in the mosque of Jerusalem until it was filled, and the people sat upon its walls. He admonished them saying:

“Indeed Allaah has ordered me with five things which I should act upon and order you to act upon. The first of them is that you should worship Allaah and not associate anything along with Him in this worship. That one who associates anything in worship with Allaah is like a man who bought a slave with his own wealth – either gold or silver – and said: This is my house and this is my work, so work and give the wages to me. So the slave worked and gives the wages to other than his owner. So which of you would be pleased for his slave to be like that? But Allaah created you and provides for you, so do not associate anything in worship with Him.

And I order you with Prayer, and when you pray then do not turn aside.

And I order you with Fasting. And that is the like of a man, amongst a group of people, who had a small pouch containing musk. Each of them likes to smell it. And, to Allaah, the fasting person is better than the smell of musk.

And I order you with sadaqah (charity). For its likeness is that of a man taken prisoner by the enemy, so they take hold of him and tie his hand to his neck, so he says: Will you not allow me to ransom myself from you? So he gives them small and large amounts to escape from them.

And I order you to make mention and remember Allaah alot. And the like of this is a man being chased by the enemy, who are hastening after him. So he comes to a protected fortress and enters into its protection. Likewise is the case for the servant. For he does not protect himself from Shaytaan, except through the remembrance of Allaah – the Mighty and Majestic.”

Allaah’s Messenger sallallaahu ’alayhi wa sallam said: “I order you with five things which Allaah ordered me with: The Jamaa’ah, [1] hearing, obeying, hijrah (migration) and jihaad in the way of Allaah – the Mighty and Majestic. So whosoever separates from the Jamaa’ah by a hand-span, throws of the yoke of Islaam from his neck, unless he repents. And whosoever calls with the call of the days of ignorance, then he is from the horde of Hell-Fire” It was said: Even if he fasts and prays? He said: “Even if he fasts and prays. So call with the call of Allaah, which Allaah gave: The Muslims, the Believers, Worshippers of Allaah.” [2]


1. At Teebee said – as occurs in Tuhfatul-Awaadhee Sharh Sununut-Tirmidhee (5/162): “What is meant by the Jamaa’ah is the Companions, the Taabi’een and the generation after the Taabi’een – the Salafus-Saalih (Pious Predecessors): That is, I order you to cling to their guidance and their way, and to associate with them.”
2. Saheeh: Related by at-Tirmidhee (nos.2863.4), at-Tiyaalasee (nos.1161-2) and others. And its chain of narration is Saheeh

Reconciling the Hearts

Al-Istiqaamah, Issue No.3

Allaah – the One free from all imperfections – said:

“So have taqwaa (fear and obedience) of Allaah and reconcile the differences between yourselves.” [Soorah al-Anfaal 8:1].

“Indeed the Believers are but brothers. Therefore reconcile the differences between your brothers, and fear Allaah so that you may receive mercy.” [Soorah al-Hujuraat 49:10].

“So this is a knot which Allaah has bound the Believers together with, such that whenever a person is found possessing eemaan (faith) in Allaah, His Angels, His Books, His Messengers and the Last Bay – whether in the eastern or western part of the world – then such a person becomes the brother of the Believers. This brotherhood obligates that the Believers should love for that person that which they love for themselves, and hate for that person that which they hate for themselves. Therefore, the Prophet sallallaahu ‘alayhi wa sallam said – whilst ordering the brotherhood of eemaan (faith): “Do not envy one another. Do not inflate prices upon one another. Do not hate one another. Do not forsake one another. Do not under-cut one another. But be worshippers of Allaah and brothers. The Muslim is the brother of another Muslim; he neither oppresses him, nor humiliates him, nor lies to him, nor holds him in contempt. And piety is right here – and he pointed to his chest three times. It is enough evil for a person to hold his brother Muslim in contempt. The whole of a Muslim for another Muslim is sacred; his blood, his property and his honour.”1 And he sallallaahu ‘alayhi wa sallam said: “The Believer to the Believer is like a solid structure, one part supporting the other.” And he interlaced his fingers to demonstrate this.2

Thus Allaah and His Messenger sallallaahu ‘alayhi wa sallam ordered that the rights of the Believers be fulfilled by each other, and that those matters which will bring about harmony, love and togetherness be carried out. All of this is to be done in order to further the rights that they have over one another. So from such tights is that when fighting occurs between them – thereby causing their hearts to separate and to have hatred and to cut-off from each other – then the Believers should bring about reconciliation between their brothers and do that which will remove the enmity. Then Allaah ordered taqwaa in general and made the bestowal of His Mercy the consequence of their having taqwaa and their fulfilling the rights of the Believers. So He said: “And have taqwaa of Allaah in order that you may receive mercy.” Thus, if Allaah’s Mercy is attained, then the good of this world and the Hereafter will also be attained.”3

‘Aaishah radiallaahu ‘anhaa used to say, that when people abandoned acting upon this Aayah (verse): “When two parties of the Believers fight each other, then make reconciliation between them.” [Soorah al-Hujuraat 49:9]. So when the Muslims began fighting each other, it was obligatory to reconcile them, as Allaah – the Most High – ordered. However, when they did not do this, then fitnah (trials and tribulations) spread, as did ignorance, and this is what caused the differences to continue.4

Allaah’s Messenger sallallaahu ‘alayhi wa sallam said: “Shall I not inform you of something that is greeter in degree than (optional) fasting, charity and Prayer?” They said: Indeed inform us. So he said: “It is reconciling the people. For indeed causing corruption between them is the shaver!”5

And he sallallaahu ‘alayhi wa sallam explained this shaving in another saying: “The disease of the people before you has overcome you, namely envy and hatred and it is the shaver. I do not say that it shaves-off the heir. Rather, it shaves-off the religion!”6


1. Related by Muslim (no.2564), from Abu Hurayrah radiallaahu ‘anhu.
2. Related by al-Bukhaaree (no.481) and Muslim (no.2585), from Abu Hurayrah radiallaahu ‘anhu.
3. Tayseerul-Kareemur-Rahmaan (7/133-134) of Shaykh as-Sa’dee.
4. Related by Ibn Abil-‘lzz in Sharhul-‘Aqeedatit-Tahaawiyyah (2/777). Al-Bayhaqee related something similar to this in his Sunanul-Kubraa (8/172).
5. Saheeh: Related by at-Tirmidhee (no.2640) and Abu Daawood (no.4919), from Abud-Dardaa radiallaahu ‘anhu. It was authentitated by al-Albaanee in Ghaayatul-Maraam (no.414).
6. Hasan: Related by at-Tirmidhee (no.2641), from az-Zubayr ibn al-‘Awwaam radiallaahu ‘anhu. It was authenticated by al-Albaanee in Saheeh Sunan at-Tirmidhee (no.2038).

Some Guidelines for Unifying the Ummah

Guidelines for Unifying the Ummah
source: Al-Istiqaamah Issue No.8 – Shawwal 1418H / February 1998

THE 3 INFALLIBLES

The first and most important of these guidelines is: Clinging to the three infallibles; the Qur’aan, the Sunnah, and that which the Pious Predecessors of this Ummah had Ijmaa’ (agreement) upon.It is these infallible that determine the correct method of understanding the Religion. It it these infallibles which make up the great usool (fundamentals) that this precious Ummah should be called to gather and unite upon.Ibn Taymiyyah – rahimahullaah – said: “The religion of the Muslims is based upon following the Book of Allaah, the Sunnah of His Prophet ‘alayhis-salaam, and that which the Ummah has agreed upon; these are the three infallible usool.” He also said, “The ijmaa’ which is affirmed is that which the Pious Predecessors were [agreed] upon.”

TOLERANCE

Another important guideline is to cultivate greater tolerance in the Ummah by knowing the etiquettes of differing; which type of differing is permitted and tolerated in Islaam, and which type is actually prohibited and condemned?The prohibited differing involves opposing any of the great usool. This type of differing is forbidden by the Revelation. So whoever opposes these usool, without a valid excuse, has resembled the heretics and deviants.As regards differing in other issues other than the great usool, or in issues of ijtihaad, then such differences are permitted and should be tolerated. It is forbidden to allow such differences to become a source of inciting hatred between Muslims, or a means to split the ranks of this precious Ummah.

ALLEGIANCE

Ibn Taymiyyah – rahimahullaah – said: “It is not for anyone to set-up a person for the Ummah; calling to his way, and having walaa (allegiance) or ‘adaa (enmity) based upon that, except for the Prophet sallallaahu ‘alayhi wa sallam. Nor is any speech set-up for them, upon which they form allegiance or enmity, except for the Speech of Allaah, and that of His Messenger, and that which the Ummah has agreed upon.”It is essential that walaa and ‘adaa be formed only upon the basis of Islaam and the Sunnah. As regards the disease of hizbiyyah (partisanship) – which is where allegiance or enmity is formed upon the basis of either nationalism, groups or parties, or schools of thought – then this is clearly forbidden. Indeed this disease has destroyed, and continues to destroy, the very fabric of comprehensive Muslim unity.

PURITY

Another essential guideline to purify the intentions such that actions are done only for Allaah’s sake, and not for the sake of elevating one’s ego, gaining leadership, or venting personal grudges, jealousy or enmity.Shaykh ‘Abdullaah al-Ghunaymaan said: “It is obligatory upon all those who speak about any affair of the Religion that they do so purely for Allaah’s sake and sincerely for the truth. They should overcome their souls and strive hard against following their own whims and desires. They should beware of inclining towards worldly matters; such as love of being praised, seeking fame and status, seeking to gain a following, and other such matters. So the one who seeks to gain any of this will only gain the vanities of this world.”

SCHOLARS

The Prophet ‘alayhis salaam said in an authentic narration: “Allaah does not take away knowledge by snatching it away from the people, but He takes it away by the death of the Scholars. So when no scholar remains, the people take ignorant ones as their leaders, who give rulings without knowledge; thereby misguiding themselves and misguiding others.”Thus, goodness remaining in the Ummah is dependant upon the existence of the Scholars; those who preserve the for this Ummah the correct understanding of the religion..There is no way to unify this Ummah, except by clinging to its Scholars. Indeed, without them, deviation and ignorance will continue to spread, which only further weakens the unity of this already fragile Ummah.

HOPE

Allaah said: “Allaah has promised to those amongst you who have faith and do righteous actions that He will grant you the khilaafah (succession of rule) upon the land, as He granted it to those before you…” [Soorah an-Noor 24:55].The Prophet sallallaahu ‘alayhi wa sallam said in an authentic narration: “Give good-tidings to this Ummah about a high position, being established upon the earth, victory, and a lofty position in this world and the Hereafter.”So it is essential to spread hope throughout this Ummah and not to despair about Allaah’s promise of victory; which will only be realised on the condition that the Muslims return to acting in accordance with Allaah’s commands – inwardly and outwardly.

The Islamic World: The Obligation Upon the Rulers, the Scholars and the General Masses

Shaykh bin Bâz [1]
Source: Istiqaamah Magazine, Issue No.6 – Dhul-Qa’dah 1417H / March 1997

[Q]: What is the obligation upon the Muslim Scholars with regard to facing the trials and calamities that have befallen the Islaamic world?

[A]: From that which there is no doubt about is that sins, and being far removed from the correct Islaamic ‘aqeedah (beliefs) – in both sayings and actions – are from the greatest reasons of bringing about the various crisis and calamities that have befallen the Muslims. Allaah – the Mighty and Majestic – said: “Whatever of good reaches you, it is from Allaah; and whatever of evil befalls you, it is from yourself.” [Soorah an-Nisaa 4:79]. Allaah – the Most Perfect, the Most High – also said: “And whatever of misfortune befalls you, it is because of what your hands have earned. Yet He pardons much.” [Soorah ash-Shooraa 42:30]. So Allaah is Most Forgiving and the Most Merciful to His servants, sending to them clear signs and warnings, in order that they may run back to Him in tawbah (sincere repentance) and that He may forgive them. So when a person runs to Allaah and draws closer to Him by an arm’s length, then Allaah draws closer to him by two arm’s length. For indeed Allaah – the Most High – loves those of His servants that turn to Him in tawbah and is happy with that, whilst He – the Majestic, the Most High – remains absolutely self-sufficient from His servants. The obedience of the obedient ones does not benefit Him, nor do the sins of the sinful ones harm Him. But He is Most Kind, Ever Merciful to His servants. And He grants them the ability to do acts of obedience and to leave acts of disobedience. So these crisis and calamities are none other than a warning to His servants, in that they should turn back to Allaah in repentance and obedience, and He informs them of this by way of testing them. Allaah – the Most High – said: “And certainly We shall test you with something of fear, hunger, loss of wealth, lives and fruit. But give glad tidings to those who have sabr (patience); those who, when afflicted with a calamity, say: Indeed to Allaah we belong, and to Him shall we return. They are those for whom are the salawaat (blessings and forgiveness) from their Lord, and His Mercy, and it is they who are the guided-ones.” [Soorah al-Baqarah 2:155] Allaah – the One free From all defects – said: “Evil has appeared on the land and the sea, because of what the hands of men have earned. That Allaah may make them taste a part of that which they have done, in order that they may return to Allaah in repentance.” [Soorah Room 30:41]. And Allaah – the Most High – said: “And We shall test you by way of evil and good, and to Us will you return.” [Soorah al-Anbiyaa 21:35]. And Allaah – the Most Perfect – said: “And We tested them with good blessings and evil calamities, in order that they may return to the obedience of Allaah.” [Soorah al-A’raaf 7:168]. And there are many other Verses with a similar meaning.

So the obligation upon the leaders of the Muslims – the Scholars, rulers, and other than them – is to have concern for the various afflictions and calamities that occurs, and to remind and admonish the people, and explain to them what they have fallen into. Also. those in authority – from the Scholars and the rulers – should set a good example of righteous conduct and should discuss the reasons as to why Allaah is angered and gives retribution; and they should seek to cure this with tawbah (repentance), istighfaar (seeking Allaah’s Forgiveness) and correcting their affairs. The rest of the Ummah will then follow them in this, since the guidance of the Scholars, and the wisdom of the rulers – and both being correct and upright – has one of the greatest effects with regards to the fulfillment of responsibilities. The Prophet sallallaahu ‘alayhi wa sallam said: “Each of you is a guardian, and is responsible for those whom he is in charge of. So the ruler is a guardian and is responsible for his subjects; a man is the guardian of his family and is responsible for those under his care; a woman is a guardian of her husband’s home and is responsible for those under her care; a servant is the guardian of his master’s wealth and is responsible for that which he is entrusted with; and a man is the guardian of his father’s wealth and is responsible for that which is under his care. So each one of you is a guardian and is responsible for what he is entrusted with.”2

However, when the Muslims become accustomed to sinning and with being contented with it, and those who wield authority and power do not try to prevent them, then Allaah’s anger will quickly descend upon the Ummah. And when His anger occurs, and His punishment takes place, then it covers both the sinful and obedient, and Allaah’s protection is sought from this. About this Allaah – the Most High – said: “And beware of the fitnah (trial and discord) that does not affect in particular only those amongst you who are wrong-doers.” [Soorah al-Afaal 8:25]. Likewise. the Prophet sallallaahu ‘alayhi wa sallam said: “When the people see an evil, and they do not try to change it, then Allaah will cover them all with punishment from Himself.“3 Allaah – the Most Perfect – said: “Indeed Allaah will not change the condition of a people until they change themselves.” [Soorah ar-Ra’d 13:11]. So the Scholars will be thorougly questioned in front of Allaah with regards to them giving knowledge and guidance to the people, and explaining to them what is correct and what is wrong, and also clarifying the beneficial from the harmful.

So we ask Allaah that He favours all the Muslims and grants them the ability to be obedient to their Lord, and to cling to the guidance of their Prophet Muhammad sallallaahu ‘alayhi wa sallam, and that He grants their leaders the ability to fulfill their duties, and that He teaches their Scholars the ways of guidance, so that they may all traverse its path and direct the Ummah to it, and that He guides the misguided Muslims and corrects their affairs. Indeed He is the Guardian over this, and the One having power to do this.

[Q]: The enemies of Allaah are very eager to enter into the Muslim lands by various methods. So what efforts do you believe should be exerted in order to put a stop to this surge that has threatened the Islaamic societies?

[A]: This is not something strange coming from the callers to Christianity, Judaism, or the other religions of kufr (disbelief). Since Allaah, the Most Perfect – and to Him belongs all praise – has informed us about this in His clear Revelation, when He said: “Never will the Jews and the Christians be pleased with you until you follow their ways of life. Say: Indeed the Guidance of Allaah, that is the only true Guidance. And if you were to follow their false desires after what you have received of the knowledge of Revelation, then you would have neither a guardian, nor any helper against Allaah.” [Soorah al-Baqarah 2:120]. Allaah – the Most Perfect – also said: “And they will never stop fighting you, until they turn you away from your Religion, if they can.” [Soorah al-Baqarah 2:217]. This is why they utilize every possible means to penetrate into the Muslim lands, and use various methods and tactics to acheive this. One of their methods is to plant the seeds of doubt and uncertainty into the minds and thoughts – and they continue to do so without easing-up or become weary – utilising the church to spread their hatred and enmity, and directing their efforts through it.

Therefore it is obligatory upon the leaders and Scholars to exert every possible effort in cautioning and directing the Muslim children, and to oppose the efforts of the enemies of Islaam with countermeasures. For indeed the Ummah of Islaam is an Ummah that has been entrusted  with a responsibility of carrying this Religion and conveying it to others. So when we – in the Islaamic societies – are determined to arm our sons and daughters with correct knowledge, and true understanding of the Religion; beginning this process at an early age, then we will never fear the enemy – by the permission of Allaah. Thus, as long as we continue to cling to the Religion of Allaah, glorifying and venerating Him, following His Sharee’ah (Prescribed Laws), and fighting those who oppose Him, then the opposite will happen; it will be the enemies of Allaah who will fear the Muslims. Allaah – the Most Perfect, the One to Whom belongs all praise – said: “O you who believe. If you help Allaah by acting upon what you have been commanded with, then Allaah will plant your feet firmly by giving you victory over your enemies.” [Soorah Muhammad 47:7]. Allaah – the Mighty and Majestic – also said: “But if you have sabr (remain patient) and have taqwaa (piety) by doing what Allaah orders and refraining from what He has prohibited, then no harm will their cunning plots be to you at all. Indeed Allaah encompasses everything by His Knowledge.” [Soorah Aal-lmraan 3:120]. And there are plenty of other Verses with similar meaning. So the most important factor in stopping this attack is to prepare a generation that truly know and understands the realities of Islaam. This can be achieved by giving them the correct guidance and cultivation at home, and by utilising the various means of education in order to develop the society. Add to this the role of guiding, which is the duty of those in authority, and their duty of being constant in doing beneficial acts, being constant in reminding the people with what is of benefit to them, and doing that which cultivates the correct Islaamic ‘aqeedah (belief) in the people: “Indeed in the remembrance of Allaah do hearts truly find tranquility.” [Soorah ar-Ra’d 13:28].

And there is no doubt that negligence is one of the causes that lets the enemies of Islaam into the Muslim lands – along with their ideological attack – which gradually distances the Muslims from their Religion, step by step. So with this, evil will increase amongst them and they will be affected by the false ideologies of their enemies. And Allaah – One free from all defects, the Most High – ordered the Believers to have sabr (patience), to call to patience, and to strive in His Path using every method at their disposal; as He – the Most Majestic, Most High – said: “O you who Believe. Persevere and be more patient, and guard your territory by stationing army units permanently at the places from where the enemy can attack you, and have taqwaa of Allaah (by doing what He orders and keeping away from what He prohibits) in order that you may be successful.” [Soorah Aal-‘Imraan 3:200]. And Allaah – the Most Perfect – said: “And those who strive hard in Our cause, We shall surely guide them to Our Avenues. Indeed Allaah is with the doers of good.” [Soorah al-‘Ankaboot 29:69]

I ask Allaah by His beautiful Names and lofty Attributes that He improves and corrects the affairs of the Muslims, and that He grants to them the understanding of the Religion, gathers the word of their leaders upon the truth, and improves and corrects their close advisors. Indeed He is the Most Kind, Most Generous. And may Allaah extol and send abundant blessings of peace upon our Leader and our Prophet, Muhammad, and upon his Family, his Companions, and his true followers.


1. Majmoo’ Fataawaa wa .Maqaalaat Mutanawwi’ah (4/134-139)
2. Related by al-Bukhaaree (13/100) and Muslim (no.1829), from ‘Umar radiallaahu ‘anhu.
3 Related by at-Tirmidhee (no.2168), who authenticated it. The hadeeth was related from Abu Bakr as-Siddeeq radiallaahu ‘anhu

Evils of Nationalism : Shaykh Abdul Azeez Bin Baaz

istiqaamah magazine/july1996

This is an important warning against a disease which has adversely affected many groups who ascribe themselves to the noble task of Da’wah. Everything which is outside the call of Islaam and the Qur‘aan, with regards to lineage, land, nationality, schools of thoughts and ways, then it is from the calls of jaahiliyyah. perfect opposite is confirmed for Allaah – the Most High.

Indeed Islaam has forbidden the calls of jaahiliyyah (the pre-Islaamic days of ignorance) and there are many textual evidences which forbid all of the characteristics and manners of jaahiliyyah and their actions, except those (good and decent) practices which Islaam agreed to.  And there is no doubt that the call to nationalism is from these calls of jaahiliyyah, since nationalism is a call to other than Islaam and an aiding of other than the truth.  And how many ills, evils and serious wars has such calls of jaahiliyyah caused to their people, causing great harm to their souls, their wealth and their possessions. The consequences of such calls (for the Muslims) was a splitting up of their unity and a planting of enmity and hatred of each other in their hearts and a fragmentation and splitting between tribes and nations.

Ibn Taymiyyah (d.728H) – rahimahullaah – said: [2] “Everything which is outside the call of Islaam and the Qur‘aan, with regards to lineage, land, nationality, schools of thoughts and ways, then it is from the calls of jaahiliyyah. Indeed, even when the Muhaajirs (those Companions who migrated from Makkah to al-Madeenah) and the Ansaars (those Companions who aided and supported those who migrated) argued, such that one of the Muhaajirs said: “O Muhaajirs! (implying; rally to my aid).”  And then one of the Ansaar said: “O Ansaar!”  Upon hearing this, the Prophet (sallallaahu ’alayhi wa sallam) said: “Is it with the calls of jaahiliyyah that you call, and I am still amongst you!”  And he became very angry at that.” [3]
And from the textual evidences pertaining to this issue is Allaah the Most High’s saying:

And stay in your homes and do not display yourselves, like the display of the times of jaahiliyyah (pre-Islaamic ignorance). But establish the Prayer, give the Zakaat and obey Allaah and His Messenger.” [Sooratul-Ahzaab 33:33]

When those who disbelieved placed in their hearts pride and arrogance the pride and arrogance of jaahiliyyah then Allaah sent down His tranquility upon His Messenger sallallaahu ‘alayhi wa sallam and upon the Believers…” [Sooratul-Fath 48:26].

The Prophet (sallallaahu ’alayhi wa sallam) said: “Whosoever leaves off obedience and separates from the Jamaa’ah (united body) and dies, then he dies a death of jaahiliyyah.  Whoever fights under the banner of the blind, becoming angry for ’asabiyyah (partisanship and party spirit), or calling to ’asabiyyah, or assisting ’asabiyyah, then dies, he dies a death of jaahiliyyah.” [4] Also in Saheeh Muslim (8/120), the Prophet (sallallaahu ’alayhi wa sallam) said: “Indeed Allaah has revealed to me that you should have humility, and that no one should act proudly and oppressively over anyone else, nor should anyone boast over anyone else.”

And there is no doubt that the call to nationalism is a call to ’asabiyyah (partisanship and party spirit) and it is a call to becoming angry for the sake of ’asabiyyah and fighting for ’asabiyyah. And there is no doubt also, that the call to nationalism is a call to transgression, pride and arrogance, since nationalism is not a divinely revealed way of life which prevents its people from oppression and proud boasting.  Rather it is an ideology from the time of jaahiliyyah which leads its people to boasting about it and having ’asabiyyah for it even if they are the oppressors and the others are the oppressed!  So – O noble reader – consider this and the truth will be clear to you.

And from the textual evidences connected with this is what at-Tirmidhee relates from Allaah’s Messenger (sallallaahu ’alayhi wa sallam) that he said: “Let people stop boasting about their forefathers who have died, who are merely fuel for the Hellfire; or they will certainly be more insignificant with Allaah than the beetle which roles dung with its nose. Allaah has removed from you the party spirit of the days of jaahiliyyah and the boasting about one’s forefathers.  Indeed a person is either a pious Believer or a wretched sinner. All of mankind are the children of Aadam, and Aadam was created from clay.” [5]

The Prophet (sallallaahu ’alayhi wa sallam) also said: “Indeed there is no excellence for an Arab over a non-Arab, nor a non-Arab over an Arab, nor a white person over a black one, nor a black person over a white one, except through taqwaa (piety and obedience to Allaah).” [6]

And this accords with Allaah the Most High’s saying:

O mankind! We have created you from male and female and have made you into nations and tribes, that you may know one another. Indeed the most noblest of you with Allaah is the one who has the most taqwaa.” [Sooratul-Hujuraat 49:13].

So Allaah – the One free from all defects – made clear in this noble aayah (verse) that people have been made into nations and tribes so that they may come to know each other, not that they should boast and have pride over one another.  And Allaah the Most High considered the most noblest of them to be the one with the most piety and taqwaa. Likewise, the previously mentioned narration shows the same meaning, and guides to the fact that it is from the ways of jaahiliyyah to vainly boast and to have false pride for one’s fore fathers and ancestry.

This is what the calls of jaahiliyyah lead to, whereas Islaam is in opposition to this.  Rather Islaam calls to modesty, humility, taqwaa and to having love for the sake of Allaah, and that the true and sincere Muslims are merely one of the categories of the children of Aadam (’alayhis-salaam), and that the Muslims are a single body and a single structure; each part supporting the other and each part feeling the pain that the other parts are suffering as occurs in an authentic hadeeth (narration) from the Prophet (sallallaahu ’alayhi wa sallam), that he said: “The Believer to the Believer is like a solid building, one part supports the other.”  And he interlaced his fingers to demonstrate this. [7].

The Prophet (sallallaahu ’alayhi wa sallam) also said: “The example of the Believer in their mutual love and mercy is like the example of a body, if one part of the body feels pain, then all the body suffers in sleeplessness and fever.” [8]

O people! I call to you in the name of Allaah. Does your nationalism call you to these noble manners of mercy and kindness to the Muslims the Arabs and the non-Arabs and of having mutual sympathy and concern for them, and feeling pain at their pain? No, by Allaah! Rather it calls you to having allegiance with those who have evil character and it calls you to cultivating enmity and hatred for those who deny this false creed of nationalism.  So beware, O Muslim who desires safety and salvation, and consider the reality of the affair with a fair consideration, without being prejudiced with party spirit and desires. Only then you will see the reality as it truly is.  So may Allaah guide me and you to the means of safety and salvation.

And it is related by Imaam al-Bukhaaree in his Saheeh (8/137), that a young man from the Muhaajirs and a young man from the Ansaar quarreled.  So the Muhaajir said: “O Muhaajirs! (meaning: rally to my help).” And the Ansaaree said: “O Ansaar!” So the Prophet (sallallaahu ’alayhi wa sallam) heard this and said: “Is it with the call of jaahiliyyah that you are calling out, and I am present amongst you!”  Even though the term Muhaajir and Ansaar are two ascriptions which are beloved to Allaah the One free from all defects and He has praised these two groups with a very great praise, in His the Most High’s saying:

And the first to embrace Islaam from the Muhaajirs and the Ansaar, and those who followed them in goodness, beliefs and actions. Allaah is well pleased with them, and they are well pleased with Him. He has prepared for them Gardens of Paradise, beneath which rivers flow, to live therein forever. That is the supreme achievement.” [Sooratut-Tawbah 9:100].

Yet in the above incident, this ascription to the Muhaajirs and seeking the help from them, and the Ansaar and seeking the help from them, when the likes of this was considered to be from the calls of jaahiliyyah, then what about those who claim allegiance e to nationalism and seek help through that and become angry for that?  Will this not be more fitting to be considered one of the calls from the days of jaahiliyyah?   This is a matter in which there is no doubt, and it is one of the clearest of all matters.

And this is what has been established in the authentic hadeeth (narration), from al-Haarith al-Ash’aree (radiyallaahu ’anhu), that the Prophet (sallallaahu ’alayhi wa sallam) said: “I order you with five things which Allaah ordered me with: The Jamaa’ah, listening, obeying, hijrah (migration) and jihaad in the way of Allaah the Mighty and Majestic.  So whosoever separates from the Jamaa’ah by a hand span, he throws the yoke of Islaam from his neck, unless he repents.  And whosoever calls with the call of jaahiliyyah (the days of ignorance), then he is from the hoarded heap of Hell Fire.” It was said: Even if he fasts and prays?  He said: “Even if he fasts and prays. So call with the call of Allaah which Allaah gave: The Muslims, the Believers, Worshippers of Allaah.” [9]

This hadeeth is absolutely clear with regards to rendering futile the calls to nationalism.  Its callers deserve that they should be from the heap of Hellfire, even if they fast and they pray and claim that they are Muslims.  So what a severe threat and severe warning is given here; warning every Muslim from the calls of jaahiliyyah and warning them from entering into this even if such calls are adorned with false talks and enchanting speeches.  Rather it is a deception and a blind following which leads it s people to the worst and most despicable of ends. And we ask Allaah for safety and freedom from that.

Footnotes:

[1] Naqdul-Qawmiyyatul-’Arabiyyah (pp.39-44), slightly edited

2] Majmoo’ul-Fataawaa (3/456)

3] Related by al-Bukhaaree (8/137)

4] Related by Muslim in his Saheeh (6/21), from Aboo Hurayrah (radiyallaahu ’anhu).

5] Hasan: Related by Aboo Daawood (no. 5116) and at-Tirmidhee (no. 4233) from Abu Hurayrah (radiyallaahu ’anhu).  It was authenticated by Ibn Taymiyyah in Kitaabul-Iqtidaa‘ (p. 35).

6] Saheeh: Related by Ahmad (5/411), and it was authenticated by Ibn Taymiyyah in Kitaabul-Iqtidaa‘ (p. 69).

7] Related by al-Bukhaaree (no. 481) and Muslim (no. 2585) from Aboo Hurayrah (radiyallaahu ’anhu).

8] Related by al-Bukhaaree (no. 6011) and Muslim (no. 2586) from an-Nu’maan Ibn Basheer (radiyallaahu ’anhu).

[9] Saheeh: Related by at-Tirmidhee (no. 2863) and at-Tiyaalisee (no. 1161) and others.  It was authenticated by Shaykh al-Albaanee in his checking to Ibn Abee ’Aasim’s as-Sunnah

False Desires and its Evil Effects upon Unity

Al-Istiqaamah, Issue No.7 ,July 1997

Allaah – the Most High – said:

“And those who were given the Scripture (the Jews and the Christians) did not split-up except out of baghee (hatred and envy) between each other, after the knowledge had come to them.” [Soorah Aal-‘lmraan 3:19].

Imaam as-Sa’dee (d.1376H)- rahimahullaah – said:

“This is why Allaah – the Most High – ordered the Muslims with ijtimaa’ (collectiveness) in their Religion, and prohibited them from tafarruq (splitting-up). He informed them that they must not reject what Allaah revealed to them from the Book. Indeed the People of the Book (i.e. the jews and the Christians) did not split-up until after Allaah had revealed to them the Scripture, in which He ordered them with ijtimaa’ (being unified). However, they did the opposite to what He ordered them with, due to mutual jealousy and hatred. So hatred and jealousy culminated in them having grudges and enmity between one another, they then fell into differing and splitting up. So – O Muslims – beware of doing the likes of this.”1

Ibn Taymiyyah (d.728H) – rahimahullaah – said:
“Allaah explained that their splitting only occurred after the knowledge had come to them, and which showed them what they were commanded to do and to avoid. For Allaah does not leave people to stray, except after giving them guidance, until He explains to them what they were commanded to do. And He informed that the reason for their tafarruq (splitting) was due to baghee (mutual envy, jealousy, hatred) And baghee occurs due to either falling short of the truth, or transgressing the limits. It is due either to abandoning an obligation, or doing something prohibited. So know that this is what necessitates tafarruq (splitting).”2

THE ROOT OF CORRUPTION

Imaam Ibn al-Qayyim (d.751H) – rahimahullaah – said:

“It is upon the one who speaks in this matter, or any other matter, that he should only do so based upon knowledge and the truth; and that his objective should be sincerity to Allaah, to His Book, to His Messenger; and the giving of sincere advice to his Muslim brothers. But if he makes the truth accord with his own whims and desires, then this will corrupt and ruin the heart, the actions, and the state of affairs. Allaah – the Most High – said: “And if the truth were to be in accordance with their desires, then indeed the heavens and the earth – and all that is therein – would be corrupted and ruined.” [Soorah al-Mu’minoon 23:71]. The Prophet sallallaahu ‘alayhi wa sallam said: “None of you truly believe until he makes his desires accord with what I have been sent with.”3 So ‘ilm (knowledge) and ‘adl (justice) are the root of every good, whereas dhulm (oppression) and jahl (ignorance) are the root of every evil. And Allaah – the Most High – sent His Messenger with the Guidance and the Religion of Truth, and He commanded the doing of justice between people and that none of them should follow their whims and desires. Allaah the Most High – said: “So call to Islaam and stand firm, and do not follow their whims and desires, but say: I believe in whatever has been revealed by Allaah from the Book, and I have been commanded to do justice between you. Allaah is our Lord and your Lord, for us our deeds and for you your deeds. There is no dispute between us and you. Allaah will assemble us all, and to Him is the final return.” [Soorah ash-Shooraa 42:15].”4

A NECESSARY JIHAAD

Shaykhul-lslaam Ibn Taymiyyah – rahimahullaah – said:
Jihaad against the nafs (soul) and its whims and desires is the foundation of jihaad against the unbelievers and the hypocrites. Indeed a person will not have the ability to wage jihaad against them, until he wages jihaad against his own soul and its whims and desires first.”5

Shaykh al-Ghunaymaan – hafidhahullaah – said:
“It is obligatory upon all those who speak about an affair from the affairs of the Religion that they do so purely for Allaah’s sake, sincerely for the truth. And that they overcome their soul and strive hard against following their whims and desires, not inclining towards worldly matters; such as love of being praised, seeking fame and reputation, gaining a large following, and other such matters. So the one who seeks to gain any of this, will gain only the vanities of this world.”6


1. Tayseerul-Kareemur-Rahmaan (p.701).
2. Majmoo’ Fataawaa (1/14).
3. Da’eef: Related by Ibn Abee ‘Aasim (no.15). It was declared weak by Al-Haafidh Ibn Rajab in Jaami’ ul-‘Uloom wal-Hikam (no.41).
4. Madaarijus-Saalikeen (3/532-533).
5. Related by Ibn al-Qayyim in Dhammul-Hawaa wa Ittibaa’ihi (p.28).
6. Al-Hawaa wa Atharahu fil-Khilaaf (p.20).

Differing: Its Permitted and Prohibited

Al-Istiqaamah Issue No.8 – Shawwal 1418H / February 1998

SETTING THE STANDARD

Shaykh Ibn Ibraaheem- rahimahullaah- (d. 1389H) said: “Ahlus-Sunnah wal-Jamaa’ah [the Saved Sect] have an usool (set of fundamentals) which is firmly based upon proofs; and upon this are built the furoo’ (subsidiary issues).”1

GUIDELINES REGARDING DIFFERENCES

Imaam as-Sa’dee (d. 1376H)- rahimahullaah – said: “Differences of opinions that occur between the [Scholars] of the Ummah are from two angles:- Firstly: Differences in the furoo’ (subsidiary issues), and in issues of ijtihaad (qualified striving to reach the truth); such that when a person – whether it is a judge, muftee, writer, or teacher – strives to arrive at a ruling and is correct, he is rewarded two-fold. But if he strives and is mistaken, then he is rewarded once. Second: Differences in matters of usool (fundamentals); such as the issues related to Allaah’s Attributes, al-Qadr (Predestination and Pre-Decree), Eemaan (faith), and their like. These cause those who oppose [such usool] to be regarded as deviants, because of them opposing the proofs from the Book and the Sunnah, and that which the Salafus-Saalih (Pious Predecessors) – the Companions and those who followed them in goodness – were agreed upon.”2

THE PERMISSIBLE TYPE OF DIFFERING

Shaykh Ibn al-‘Uthaymeen – hafidhahullaah – said: “This sect [i.e. the Saved-Sect] unites upon the truth, even if its people do have differences of opinion between themselves. However, these differences do not harm their [unity], nor cause them to declare each other as deviants. Rather, their hearts are still united, even when these difference of opinion occur in matters linked to the ‘aqeedoh (beliefs); such as did the Prophet sallallaahu ‘alayhi wa sallam see his Lord with his eyes, or did he not see him [with his eyes]? Or is the punishment in the grave to the body and the soul, or just to the soul only? Or other such issues. This is because these issues are subsidiary issues connected with the usool, they are not in the actual usool itself. So they do not declare each other as being deviants when they differ in such matters – contrary to what the innovators do.”3

THE PROHIBITED TYPE OF DIFFERING

Ibn Taymiyyah (d.728H) – rahimahullaah – said:
“The Scholars – from the Companions, the Taabi’een, and those who came after them – when they differed in any matter, then they followed the command of Allaah – the Most High – in His saying: “If you differ in anything amongst yourselves then refer it back to Allaah and His Messenger, if you do truly believe in Allaah and the Last Day. That is better and more suitable for final determination.” [Soorah an-Nisaa 4:59]. So they would discuss concerning the issue; discuss, consult and sincerely advise. Sometimes they would differ in matters linked to the ‘aqeedah, as well as issues linked to actions, yet along with such differences, they still preserved the unity and brotherhood. Yes, whosoever opposes the clear Book and the beneficial Sunnah, or that which the Pious Predecessors of this Ummah had Ijmaa’ (consensus) upon, opposing it without a justifiable excuse, then such a person has acted with the action of the Innovators … As regards differing in matters of rulings and actions, then the examples are too many to be recorded. So if every Muslim who differed in something were to be boycotted and abandoned, then no unity or brotherhood would ever remain. And Abu Bakr and ‘Umar radiallaahu ‘anhumaa – who were the best of the Muslims – used to differ in matters, but they did not intend except good. And the Prophet sallallaahu ‘alayhi wa sallam said to his Companions on the day of [the expedition to] Banu Quraydhah: “Let none of you pray ‘Asr except when you reach Bonu Quraydhah.” So the time for the ‘Asr Prayer came during the journey, so one group amongst them said: We will not pray until we reach Banu Quraydhah; so they missed the actual time for ‘Asr. The other group said: We will not miss it by delaying the Prayer; so they prayed along the way. And the Prophet sallallaahu ‘alayhi wa sallam did not criticise any of the two groups. This is related by al-Bukhaaree and Muslim, from Ibn ‘Umar.4 So this differing was in a matter related to rulings and actions, not in the important usool (fundamantels) itself.” 5


1. Fataawaa lil-Lajnatud-Daa’imah lil-Buhoothul-‘llmiyyah wal-Iftaa (no.830).
2. Tanbeehaatul-Lateefah (p.93).
3. Sharhul-‘Aqeedatul-Waasitiyyah (1153).
4. Related by al-Bukhaaree (no. 946) and Muslim (no. 1770).
5. Majmoo’ Fataawaa (241171-174), abridged

Being Balanced

Al-Istiqaamah , Issue No.5

A FACT ABOUT PEOPLE AND GROUPS

Imaam Jamaalud-Deen al-Qaasimee (d.1288H) – rahimahullaah – said:

From that which is well-known about what occurs when people gather together upon some matter, is that any group which becomes strong and has many followers, then you will definitely find in them the pure and the impure, the justly-balanced and the imbalanced, the extreme and the moderate. And a well established fact is that the extremists are more vocal and have greater acceptance, since the ones who are justly-balanced follow a middle course. And those who seek this balanced approach are few in number, in every age and plate. As for extremism, then this is what most people thrive upon, and what the over-whelming majority incline towards – and this has been the path of the various sects and religions as well. So the extremists try to monopolise their being mention amongst people and to be single in their da’wah. And they did not find any way to gain a monopoly over people except by extremism, which they achieve by degrading people and belittling them at every possible opportunity; either by their tongues, or other than that. And the first to open this door – the door of unleashing their tongues against there who oppose them – were the Khawaarij. And this is the route by which they came to the masses, through the door of takfeer (declaring a Muslim to be an unbeliever), in order that the masses would flee from other than them, so that they could then secure a relationship with the masses for themselves. Then this disease was transmitted to others, such that the extreme elements of each group started unjustly declaring Muslims to be either unbelievers, sinners, innovators or deviants …”1

DEALING WITH THOSE WHO ERR OR DEVIATE

Shaykhul-lslaam Ibn Taymiyyah (d.728H) – rahimahullaah – said:

“The Imaams of the Sunnah and the Jamaa’ah, and the people of knowledge and eemaan (faith) have in them ‘adl (justice), ‘ilm (knowledge) and rahmah (mercy), and they know the truth which conforms to the Sunnah and which is free from innovations. They do justice to those who depart from the Sunnah and the Jamaa’ah, even if they have been wronged, just as Allaah – the Most High – said: “O you who believe!! Stand out firmly for Allaah and be witnesses, and do not let the hatred of others swerve you away from doing justice. But be just! That is closer to taqwaa (piety).” [Soorah al-Maa’idah 5:8]. Likewise, they are merciful to the creation; desiring for them goodness guidance and knowledge. They never intend for them any harm or evil. Rather, when they criticise them and explain to them their error, ignorance or wrong-doing, then their purpose in doing so is only to clarify the truth, and to be merciful to the creation, to enjoin the good and forbid the evil, and to make the word of Allaah uppermost so that the way of life becomes purely for Allaah.”2

THE BALANCED APPROACH

Shaykhul Islaam Ibn Taymiyyah – rahimahullaah – said:

“When dealing with the people of sin, one must not exceed the limits prescribed by the Sharee’ah – neither in hating, censuring, preventing, abandoning or chastising them. Rather, the one who does so should be told: Worry about your own self. No harm will come to you from those who are misled, if you are truly guided, as Allaah – the Mort High – said: “And do not let your hatred of others swerve you away from doing justice. But be just! That is closer to taqwaa (piety).” [Soorah al-Maa’idah 5:8]. And Allaah said: “And fight in the way of Allaah those who fight you, but do not transgress the limits.” [Soorah al-Baqarah 2:190]. Indeed, many of those who command and forbid overstep the limits set by Allaah, either through jahl (ignorance) or dhulm (injustice). Thus, this issue (of justice) must be firmly maintained, whether it is in regards to censuring the unbelievers, the hypocrites, the sinners or the disobedient ones.”3

He further said: “The one commanding the good or forbidding the evil should do so in the way prescribed by the Sharee’ah; with knowledge, gentleness and patience, and with good intentions, and by following a balanced approach. All of this enters into Allaah’s saying: “O you who believe! Beware of your own selves. No harm will come to you from those who are misled, if you are truly guided.” [Soorah al-Maa’idah 5:105) … There is in this Aayah (Verse) another meaning as well, which is that a person must turn towards that which will be of benefit to him, both in knowledge and action, and he must avoid what does not concern him – as the conveyer of the Sharee’ah (i.e. the Prophet sallallaahu ‘alayhi wa sallam) said: “From the perfection of a person’s Islaam is to leave alone that which doer not concern him.”4 This especially applies to a person delving into that which doer not concern him regarding someone’s religious or worldly affairs. Thus, such a person may speak out of envy or desire for position; or act either with deliberate oppression, or foolish scorn and sarcasm. How often does Shaytaan make such an act appear to be an art of commanding the good or prohibiting the evil, or jihaad in the path of Allaah, whereas it is actually an act of injustice and transgression!”5

A COMPREHENSIVE DESCRIPTION

Shaykhul-lslaam Ibn Taymiyyah – rahimahullaah – also said: “And Ahlus-Sunnah wal-Jamaa’ah follow the Book and the Sunnah, obey Allaah and His Messenger, they follow the truth and are merciful to the creation.”6


1. Al-Jarh wat-Ta’deel (pp.4-5).
2. Radd ‘alal-Bakree (p.256) of Shaykhul-lslaam Ibn Taymiyyah.
3. Majmoo’ul-Fataawaa (14/381).
4. Saheeh: Related by at-Tirmidhee (no.23 18) and others, from Abu Hurayrah radiallaahu ‘anhu. It was authenticated by Shaykh al-Albaanee in Saheeh Sunan Ibn Maajah (no.3976).
5. Majmoo’ul-Fataawaa (14/382).
6. Qaa’idah Ahlus-Sunnah wal-Jamaa’ah fee Rahmati Ahlil-Bida’ wal-Ma’aasee (p.5).

Zakah on Rented House, Jewelry, Personal Car – Shaik ibn Uthaymeen

Fatawa on Zakah

Excerpted from Islamic Verdicts on the Pillars of Islam by Sheikh Muhammad Bin Salih Al-‘Uthaimeen, complied and arranged by Fahd Bin Nasir Ibrahim As-Sulaiman

What is the ruling on the Zakah of a rented house?

If a rented house is rented out for profit, then there is no Zakah payable on the value of the house. The Zakah is only payable on the income that is generated from it if the hawl (passage of one Hijrah hear) is completed upon it from the time of the rental agreement. If the hawl has not been completed from the time of the rental agreement, then there is no Zakah payable upon it either.

For example, if the person rented out the house for ten thousand riyals, of which he receives five thousand at the time of the agreement which he spends. Then he receives five thousand in the middle of the year, which he spends before the end of the year, there is no Zakah upon him in this case. This is because the hawl has not been completed upon this money.

However, if he kept the house for sale and waited to receive the profit from it, but said: Since it has not been sold, I will rent it out,’ then in that case, he must pay Zakah for the value of the house because he has kept it for sale; he did not want to keep it and profit from it.

And everything which is intended for the purpose of trade and profit is liable for Zakah, according to the words of the Prophet (peace be upon him), “Deeds are according to intentions and every person shall have what he intended.” And Allah knows best.

A man has daughters and he gave them jewelry, and all the jewelry combined amounted to the nisab, but the jewelry of each of them did not amount to the nisab. Is all of the jewelry to be taken together for calculation and Zakah paid on it?

If he gave this jewelry as a loan, then the jewelry is his property, and he must total it all and if that reaches the nisab, he must pay Zakah. But if he gave his daughters this jewelry with the intention that it was their property, then it is not incumbent upon him to combine the jewelry he gave to each one of them with the jewelry of the other daughters, because each of them owns it independently of the other. Based upon this, if the jewelry of one amounts to the nisab, she must pay Zakah for it, and if it does not, then she does not have to. And Allah knows best.

Is there Zakah payable on one’s personal car?

There is no Zakah payable on it. Everything a person uses for himself, except gold and silver jewelry, there is no Zakah to be paid on it, whether a car, a camel, a farm implement or anything else, according to a saying of the Prophet (peace be upon him), “There is no Zakah payable by a Muslim on his slave, nor on his horse.”[1]

[1] Reported by Al-Bukhari in the book of Zakah, in the Chapter: No sadaqah is payable by the Musli for his Slave (1464) ; and by Muslim in the Book of Zakah, in the Chapter: There is no Zakah Incumbent Upon the Muslim for His Slave or His Horse (982).

Fatawa on Zakah

Az-Zakah is Obligatory on the Wealth of the orphan and the Insane.

Question: Is Az-Zakah obligatory on the wealth of the orphan and the insane?

Answer:

Az-Zakah is obligatory on the wealth of each of them, if the person is a free Muslim who has complete ownership of his wealth. This is due to what Ad-Daraqutni narrated that was reported as a statement of the Prophet (Sallallaahu alayhi wasallam): “Whoever is made the guardian over the wealth of an orphan, let him do business with it and he should not leave it to be devoured by chrity i.e, Az-Zakah).” [Ad-Daraqutni 2:109 no. 1951.]

This is due to what Malik narrated in Al-Muwatta’ from ‘Abdur-Rahman bin Al-Qasim from his father, that he said:

“A’ishah used to keep me and my brother as two orphans in her appartment, and she used to pay Az-Zakah from our wealth.”

The view that Az-Zakah is obligatory upon the wealth of each of them (the orphan and the insane person)was held by ‘Ali, Ibn ‘Umar, Jabir, A’shah and Al-Hasan bin ‘Ali. Ibn Al-Mundhir related this from them.

Permanent Committee for Research and Verdicts

Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 157-158

Az-Zakah on Wealth that is kept for Marriage 1.

Question:

A man saved some money for his son over a number of years so that the son can get married. Is he obliged to pay any Zakah on this wealth of his? This is in consideration of the fact that he does not intend anything with this money other than getting his son married.

Answer:

He must pay Az-Zakah on all of the money that he saved if it was in his possesion for a year, even if he intended to use this money to get his son married. This is because as long as the money was with him and it was considered his possession, and he must pay its Zakah every year until it is used for the marriage. This is due to the generality of the evidences from the Book and the Sunnah that prove this.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 159

Az-Zakah on Wealth that is kept for Marriage 2.

Question:

I am currently an employee in one of the governmental departments and I receive approximately four thousand riyals per month. In approximately one year, I collected seventeen thousand riyals. This money is currently in the bank and it does not increase (i.e., from interest or investment). I am ready to spend in the month of Shawwal – if Allaah wills – as I am getting married. I am going to take a loan that is many times more than this amount to cover the expenses of the wedding. My question is: Am I obliged to pay any Zakah on this seventeen thousand? This is while considering that it has been in my possession for about a year. If there is Az-Zakah due on it, how much is it?

Answer:

Az-Zakah is due on the mentioned sum of money if it was possessed for a year, even if it was kept for marriage. The amount of Zakah that is due is one fortieth, i.e., 2.5%. And Allaah knows best.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 159/160

Az-Zakah is due on whatever wealth is owned a year and reaches the minimum amount.

Question:

A person saved a sum of money from his own earnings. Most of it he possessed for a year, but he spent it on some things that would bring benefit to himself. Therefore, he asks whether it is obligatory for him to pay Az-Zakah on it.

Answer:

Whatever wealth he saved or owned for a year while it had reached the minimum required amount, then Az-Zakah is due on it. This is the case even if he spent some of it after that on marriage or anything similar. If he did not pay the Zakah of his wealth which was due upon, then it is still due from him and he is responsible for it. It is incumbent upon him to pay it. However, what he did not possess for a year of his wealth due to his spending from it before a year’s time, then there is no Zakah due upon it.

Permanent Committee for Research and Verdicts

Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 160/161

Paying Az-Zakah in advance is permissible.

Question:

I am an employee who receives a salary, and every month I save a portion of it. There is not a specific percentage for the savings, so how do I pay the Zakah of this wealth?

Answer:

What is obligatory upon you is to pay the Zakah of every amount that you save if you have possessed it for a year. If you pay the Zakah of all of the money when a year has passed on the first amount that was saved, then that is sufficient. In this way, the Zakah of the latter sums is considered as being paid in advance before the completion of their year. And paying Az-Zakah in advance before it is possessed for a complete year is permissible, especially if there is a need for it or a religious benefit in that.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 165

Land that is kept for building does not require paying of Az-Zakah

Question:

I have a piece of land that I bought with the intent of building on it. Then after a period of time, I needed to sell it, so I sold it. Is there any Zakah due on me for the period of time that I was not trying to sell it.

Answer:

If the matter is as you mentioned in the question, there is no Zakah due on you for whatever time passed before the sale. This is because the reason that necessitates the the payment of Az-Zakah is not present, which is the intent to sell, and you were not intending to sell it.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page No. 166

The ruling of Az-Zakah on Jewellery, Diamonds and precious Stones

Question:

I am a married woman and I am almost 30 years old. For approximately 24 years I have had pieces of gold that are not kept for business. They are only for beautification and some times I sell them. Then I add some money to their price and buy better jewelry. Now I have some jewellery and I have herd that it is obligatory to pay Az-Zakah on gold that is kept for beautification. Thus, I would like a clarification of this matter for myself. If Az-Zakah was obligatory on me what is the ruling of the past period of time during which I did not pay Az-Zakah on the jewellery? This is while keeping in mind that I am not able to estimate the amount of gold that I had during all of these long years.

Answer:

Az-Zakah is obligatory on you from the time you knew it was obligatory on you to pay Az-Zakah on jewellery. Whatever occurred before that in the previous years before your knowledge of this, then you do not have to pay Az-Zakah for it. This is because the Islamic laws only become obligatory after they are known. The amount that must be paid is 2.5% if the jewellery reaches the minimum amount required for Az-Zakah, which is 20 Mithqal (gold). This is equivalent to 11.5 Saudi Junayhs. If gold jewellery reaches this amount or more, then Az-Zakah must be paid on it. For every 1000 Junayhs, 25 Junayhs is due. In reference to silver, its minimum amount before Az-Zakah is due is 140 Mithqal, which is equivalent to it of monetary currency. The amount that must be paid is 2.5% just like with gold.

In reference to diamond and other stones, no Zakah is due on them if they are for wearing. However, if they are for sale, then Az-Zakah is obligatory on them according to their value in gold and silver if they reach the minimum amount required for Az-Zakah. And Allaah is the Giver of success.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 178/179

Az-Zakah on Jewellery is obligatory on its Owner

Question:

My wife has gold that she wears that reaches the minimum amount required for Az-Zakah. Is there any Zakah due on it? Is paying its Zakah obligatory on me or on my wife? Is Az-Zakah given from the jewellery itself or is its value determined and then Az-Zakah paid according to the value?

Answer:

Az-Zakah is obligatory on jewellery that is made of gold and silver if its weight reaches the minimum amount required for Az-Zakah, which is 20 Mithqal of gold and 140 Mithqal of silver. The minimum amount of gold in the current currency is equal to 11 (and three sevenths) Saudi Junayhs. If the gold jewellery reaches this amount or more, Az-Zakah must be paid on it, even if it is only for wearing according to the most correct view of the scholars.

The minimum amount of silver required for Az-Zakah is 56 Saudi Riyals (of silver). If the silver jewellery reaches this amount or more, Az-Zakah must be paid on it. The amount of Az-Zakah to be paid is 2.5% of gold, silver and sale merchandise. This is 2½ out of 100 or 25 out of 1000. Any amount more than this is calculated in this way.

Az-Zakah is due upon the woman who owns the jewellery. If her husband or other than him pays it on her behalf with her permission, there is nothing wrong with that. It is not obligatory to give the Zakah from the jewellery itself. Rather, it suffices to pay its value every time a year passes on it. This is according to the value of gold and silver in the market at the completion of the year’s time. And Allaah is the Giver of success.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, DARUSSALAM, Vol.3, Page Nos. 180/181

Is it Lawful to Give Charity on their Behalf

Question:

A number of years ago, I took a sum of one hundred Saudi Riyals from a number of my colleagues, after which, I travelled to another area and forgot those colleagues and they also forgot me. Now I do not know where they are, so what should I do with the sum of money which is my responsibility? Inform me and may Allah reward you with goodness.

Answer:

If the matter is as you have mentioned in your question, which is that you forgot the owners of the hundred (Riyals) then it is lawful for you to give charity on their behalf. Then if you remembered any of them you must give him his right, unless he approves of your having given it in charity on his behalf. In that case, you will be absolved from blame and you and them will be rewarded.

Shaykh `Abdul-`Azeez Bin Baz
Fatawa Islamiyah, volume 5 / page 27

Who is considered eligible to receive the Zakaat ?

It does not befit that the Zakaat be given to the one who does not utilize it for obedience to Allaah. For indeed Allaah The Most High has obligated it as an aid towards obedience to Him for whosoever is in need of it from the believers, such as the poor and those under debt or one who helps the believers.

So whoever does not pray from the people who are needy should not be given anything until he repents; and until he adheres to the performance of the prayers in their correct times.

Shaykh ul-Islaam Ibn Taymiyyah
Ikhtiyaaraat al-Fiqhiyyah min Fataawaa Shaikh ul Islaam Ibn Taymiyyah page 103
Translated by Aboo Haatim Muhammad Farooq

Is the Zakaat ul Fitr due on behalf of the unborn child?

‘Abdullaah bin Ahmad bin Hanbal said: I heard my father say:

‘Zakaat ul Fitr is to be given on behalf of the unborn child – if it is known of.’*

‘Abdullaah bin Ahmad bin Hanbal said: I heard my father say: Mu’tamir bin Sulaimaan At-Taymee narrated to us from Humaid from Bakr and Qataadah that ‘Uthmaan would give the Sadaqatul Fitr on behalf of the small child and the elder and the unborn child.

_____________________

*Note: There occurs a narration from Imaam Ahmad with this meaning mentioned by Aboo Dawood in Al-Masaa’il page 86, and Ibn Haani’ in Al-Masaa’il vol 1 page 111 number 550.

As for the madhab itself (the Hanbali madhab): then within it the Zakaat ul Fitr is not obligatory on behalf of the foetus, this is because there is no ruling upon it until it is born. However; it is recommended that it is given on its behalf if it is known to exist due to the practice of ‘Uthmaan (radhiyallaahu ‘anhu). See: Mukhtasir Al-Kharqee page 75 and Al-Hidaayah vol 1 page 75 and Al-Mughnee vol 3 page 99 and Al-Furoo’ vol 2 page 526 and Al-Qawaa’id of Ibn Rajab page 189 and Al-Insaaf vol 3 page 168 and Al-Mubdi’ vol 2 page 388.

Imaam Ahmad bin Hanbal
Masaa’il Al-Imaam Ahmad vol 2 pages 585-586
Translated by Aboo Haatim Muhammad Farooq

The particular group of people to whom the Zakaat ul Fitr is to be distributed to

The Scholars have differed concerning the issue of distributing the Zakaat ul Fitr, such that there are two sayings:

The first saying: That it is to be distributed amongst the eight types of individuals that have been mentioned by Allaah in Soorah At-Tawbah in His saying:

((Indeed the Sadaqaat (obligatory Zakaat) are for the poor and the destitute and those employed to collect (the funds); and for those whose hearts have inclined (towards Islaam), and to free the captives; and for those in debt, and in the Path of Allaah (the Mujahideen), and for the wayfarer: an obligation imposed by Allaah, and Allaah is All-Knower All-Wise.)) Soorah At-Tawbah: 60

This is a saying which is well-known from amongst the Shaafi’ee’s.

The second saying: Is that it is not to be distributed except amongst the poor and the destitute as occurs in the Hadeeth of Ibn ‘Abbaas which preceded in which there was the statement: ((a sustenance for the destitute))*.

Ibn Al-Qayyim (rahimahullaah) said: ((It was from his guidance (Sallalaahu ‘alaihi wa sallam) that he would specify those that were destitute for this particular Sadaqah, so he would not distribute it amongst the eight types of people – handful by handful. Nor did he command for that to be done that way, nor did any one of the companions do that, nor did those that came after them. Rather it is one of two sayings with us that it is impermissible to give it except to the destitute in particular.))

So this is the saying which is to be taken, except if you see dire need amongst someone from the other categories or an acceptable advantage by way of the Sharee’ah (to give it such), in which case it is to be given from this Sadaqah after it has been given to the poor and the destitute – in an ample portion. This is because it is a means of sustenance for them as has been established through that narration.

Here arises an issue which should be taken into consideration which is:

That it is permissible for one individual person to distribute his Zakaat to either one destitute person or to a number of them. Just as it is (allowed) for a group of people to give their fitrah to a single poor person so long as they are not committing an injustice in the right of the others who are present.

The second issue which is also recommended to pay attention to is that: It is impermissible to give it to those that it is impermissible to give the Zakaat to in accordance to that which we mentioned concerning the Zakaat of the types of wealth. And Allaah Knows best.

__________________________

*The full text of the Hadeeth:

((Allaah’s Messenger (Sallalaahu ‘alaihi wa sallam) ordered the giving of Zakaat ul Fitr as a purification for the fasting person from idle talk and obscenity, and as a sustenance for the poor. So whosoever gives it before the prayer (of ‘Eid) then it is an accepted Zakaat, and whosoever gives it after the prayer, then it is a Sadaqah (charity) from the Sadaqaat.))

Reported by Aboo Dawood in the book of Zakaat chapter: Zakaat ul Fitr; number 1609 and Ibn Maajah in the book of Zakaat chapter: Sadaqatul Fitr; number 1827and Ad-Daaraqutnee in the book of Zakaat ul Fitr number 1.

Shaykh Zayd al-Madkhalee
Al-Afnaan an-nadiyyah sharh mandhoomah as-subul as-sawiyyah le-Fiqh As-Sunan al-marwiyyah vol 3 pages 97-98
Translated by Aboo Haatim Muhammad Farooq

Concerning Zakaat and Its Benefits : Shaykh ibn Uthaimeen

Author:Imaam Muhammad bin Saalih Al-‘Uthaimeen
Source:Fusool fis-Siyaam wat-Taraaweeh waz-Zakaat [E-Book]
Produced By:Al-Ibaanah.com

Lesson Six: Concerning Zakaat and Its Benefits

Zakaat is one of the obligations of Islaam. It is also one of its (five) pillars, and the most important amongst them after the Testimonies of Faith and the Prayer. Proof for its obligation can be found in the Book of Allaah, the Sunnah of His Messenger and the unanimous consensus of the Muslims. So whoever rejects its obligation is a disbeliever who has apostated from Islaam, and he should be made to repent, and if not then he should be killed. And whoever is cheap with giving it or minimizes any portion that is due from it, then he is from the wrongdoers who are deserving of Allaah’s punishment.

Allaah says: “And let not those who hold back miserly from giving that which Allaah has bestowed on them from His Bounty think that it is good for them. Nay, it will be worse for them. The things that they held back from giving will be tied to their necks like a collar on the Day of Recompense. And to Allaah belongs the heritage of the heavens and the earth, and Allaah is well-Aware of all that you do.” [Surah Aali ‘Imraan: 180]

And in Saheeh Al-Bukhaaree, Abu Hurairah (radyAllaahu ‘anhu) reported that Allaah’s Messenger (sallAllaahu ‘alayhi wa sallam) said: “Whoever Allaah has given money to and does not give his Zakaat for it, it will take the form of a shiny-headed male serpent with two black spots over its eyes, which will encircle him on the Day of Judgement and bite his cheeks saying: ‘I am your money, I am your wealth.’”

Allaah says: “And those who hoard up gold and silver and do not spend on them in the Way of Allaah (i.e. by giving Zakaat), give them the tidings of a painful punishment. This will be on the Day when those treasures (i.e. gold and silver) will be heated in the Fire of Hell and with it their foreheads, bodies and backs will be branded. (And it will be said to them): ‘This is the treasure that you hoarded for yourselves, so taste what you used to hoard.” [Surah At-Tawbah: 34]

And in Saheeh Muslim, Abu Hurairah (radyAllaahu ‘anhu) reported that the Prophet (sallAllaahu ‘alayhi wa sallam) said: “There is no one that possesses gold and silver and doesn’t give his due (Zakaat) on it except that on the Day of Judgement, it will be made into plates of fire, then dipped into the Fire of Hell and with it his body, forehead and back will be branded. Each time the plates grow cool, they will be reheated and brand him again. This will occur on a Day the length of fifty thousand years, until Allaah judges His servants.”

Zakaat has many religious, behavioral and communal benefits of which we will mention the following from them:

From its religious benefits are:

1. It is abiding by one of the pillars of Islaam, upon which rests an individual’s prosperity in this worldly life and the Hereafter.

2. It brings a servant close to his Lord and increases his Faith. This is the case with all of the acts of worship.

3. What comes as a result of doing it, such as great reward. Allaah says: “Allaah will wipe away (the reward) of usury and increase that of charity (i.e. Zakaat).” [Surah Al-Baqarah: 276]

And He says: “And that which you give as a gift (to others) in order that it may increase (your wealth by expecting something in return) from other people’s property, has no increase with Allaah. But that which you give in Zakaat sincerely for the sake of Allaah, those people shall have manifold increase.” [Surah Ar-Room: 39]

The Prophet (sallAllaahu ‘alayhi wa sallam) said: “Whoever gives away charity the size of a date, which is earned lawfully, since Allaah only accepts the good lawful things, Allaah will indeed take it with His right Hand and cause it to grow for its owner, just as one of you raises up his colt, to the point that the charity will become like the size of a mountain.” [Reported by Al-Bukhaaree and Muslim]

4. Allaah wipes away the (minor) sins by way of it, as the Prophet (sallAllaahu ‘alayhi wa sallam) said: “Giving charity wipes away sins just as water extinguishes fire.” The word charity (sadaqah) here refers to the Zakaat as well as the supererogatory form of charity.

From the benefits it has on a person’s character are:

1. It causes him to follow the way of the generous individuals possessing kindness and magnanimity.

2. Giving the Zakaat requires a person to characterize himself with the attributes of mercy and sympathy towards his destitute brothers, and Allaah shows mercy to those who have mercy on others.

3. What has been witnessed is that giving financial and physical support to Muslims causes the hearts to become open and the soul to be pleased. And it causes a person to become loved and respected according to the extent of support he gives to his fellow brothers.

4. Giving Zakaat cleanses one’s character from stinginess and miserliness, as Allaah says: “Take the charity (Zakaat) from their wealth in order to purify and cleanse them by way of it.” [Surah At-Tawbah: 103]

From its communal benefits is that:

1. Zakaat provides for the needs of the poor who are the majority of people in most countries.

2. Zakaat strengthens the Muslims and raises their status. This is why one of the areas Zakaat can be given in is Jihaad in the Cause of Allaah, as we will mention later, by the Will of Allaah.

3. It removes the grudges and ill feelings found in the hearts of the poor and destitute. This is since when the poor see the money the wealthy have and their not benefiting them with it, by giving them neither a little nor a lot, then it is likely that they will hold hatred and rancor for the wealthy as they did not enforce their rights or provide for their needs. But when the wealthy do give some of their money to them at the beginning of every year (i.e. after holding the wealth for a year’s time), these things terminate and there comes about love and harmony.

4. Giving Zakaat boosts one’s wealth and increases it’s blessedness, as is stated in the hadeeth from the Prophet (sallAllaahu ‘alayhi wa sallam) in which he said: “Charity does not detract from one’s wealth.” This means that even though charity (Zakaat) takes away from one’s wealth numerically, it indeed never takes away from its blessedness or its increasing in the future. Rather, Allaah will replace what he gave away and bless his wealth.

5. Zakaat is a means for spreading and distributing wealth (throughout the community). This is since if some wealth is given out, its range is broadened and many people benefit from it, contrary to when the wealth is just preserved amongst the rich, since the poor will not gain any part of it.

All of these benefits that come from giving Zakaat show clearly that Zakaat is something necessary and required in order to rectify the individual and the society. How perfect is Allaah, the All-Knowing and Most Wise!

Zakaat is required to be given on specific forms of wealth, which include:

1. Gold and silver, on the condition that they meet the nisaab (minimum requirement). With regard to gold, the nisaab is 11 3/7 Saudi pounds, and for silver it is 56 Saudi Riyals worth of silver or whatever equals that amount from other forms of paper currency. One is obligated to pay a quarter of a tenth Zakaat on the above (i.e. 2.5%). It makes no difference if the gold and silver come in the form of cash, coins or jewelry.

Furthermore, one must pay Zakaat on a woman’s gold and silver jewelry if it meets the nisaab, regardless of whether she wears that jewelry or lends it out. The reason for this is because the evidences that mandate that Zakaat be paid on gold and silver are general and not detailed. And it is also because there are specific ahaadeeth that indicate the obligation of giving Zakaat on jewelry, even if it is worn, such as what has been reported by ‘Abdullaah bin ‘Amr bin al-‘Aas (radyAllaahu ‘anhu) that:

“A woman once came to the Prophet (sallAllaahu ‘alayhi wa sallam) with her daughter who had two gold bangles on her hand. So the Prophet (sallAllaahu ‘alayhi wa sallam) said: ‘Do you pay Zakaat on this?’ She said: ‘No.’ So he (sallAllaahu ‘alayhi wa sallam) said: ‘Would it please you if Allaah made you wear two bangles of fire instead?’ So she took them of and said: ‘They are for Allaah and His Messenger.’” [It is stated in Buloogh-ul-Maraam: “Reported by the Three[1] and its chain of narration is strong.”]

Another reason is because this is more cautious and the most cautious approach takes precedence.

2. Also from the wealth that one is obligated to pay Zakaat on is: Business merchandise, which includes everything that is prepared for business purposes, such as real estate property, automobiles, livestock, household goods and other types of wealth. It is obligatory to pay a quarter of a tenth (i.e. 2.5%) on these items.

After holding the item for one year, one must estimate how much it is worth and pay 2.5% (Zakaat) on it, regardless of whether it now costs more, less or the same amount as what he originally paid for it. As for the items he prepares for his personal use or which he leases, such as real estate property, automobiles, appliances and so on, then there is no Zakaat due on them based on the Prophet’s (sallAllaahu ‘alayhi wa sallam) statement: “A Muslim is not obligated to pay Zakaat on his slave or his horse.”

However, Zakaat is due on things that are rented out, when their year time-limit is reached, as well as on gold and silver due to what was stated previously.


Footnotes:

[1] Translator’s Note: Meaning Abu Dawood, An-Nasaa’ee and At-Tirmidhee

Those Entitled to Receive Zakaah : Imaam Muhammad bin Saalih Al-‘Uthaimeen

Author:Imaam Muhammad bin Saalih Al-‘Uthaimeen
Source:Fusool fis-Siyaam wat-Taraaweeh waz-Zakaat [E-Book]
Produced By:Al-Ibaanah.com

Lesson Seven: Those who are entitled to receive the Zakaat

The people entitled to Zakaat are those places we can direct our Zakaat to. Allaah took charge of explaining for Himself what these places are, saying:

“The charity (Zakaat) is only for the poor, the needy, those employed to collect (the Zakaat), those whose hearts will be inclined (towards Islaam, by giving them Zakaat), for slaves, for those in debt, for (Jihaad in) the Cause of Allaah, and for the wayfarer (i.e. destitute traveler). It is an obligation imposed by Allaah, and Allaah is the All-Knower, the All-Wise.” [Surah At-Tawbah: 60]

1. The Poor (Fuqaraa): They are those who are not able to support themselves with sufficient means, except for very little, which is less than half (a year). So if a person cannot find that which will support himself and his family for at least half a year, he is considered poor (faqeer) and he should be given what will suffice him and his family for a year.

2. The Needy (Masaakeen): They are those who are able to support themselves with sufficient means for half of the year or more, but not enough for the entire year. So they should receive support that will complete the year for them. If a person does not have any cash on him, but yet has some other source of income, such as a profession, a salary or investment profits that will support him financially, he should not be given Zakaat. This is based on the Prophet’s statement: “There is no share in it (i.e. the Zakaat) for a wealthy person or for a strong able-bodied person who can earn a living.”

3. Those employed to collect the Zakaat: They are the ones put in charge by the ruler of a country to collect the Zakaat from those who owe it, distribute it to those who are entitled to it, guard the funds and all other types of duties involved with the supervision of Zakaat. So they should be given a portion of the Zakaat in accordance with the work they put in, even if they may already be wealthy.

4. Those whose hearts will be inclined: This refers to tribal and clan leaders, who do not have strong Faith. They should be given Zakaat so as to strengthen their Faith, which will make them callers to Islaam and good role models. But what if a person is weak in his Islaam, and he is not from the leaders who are followed and obeyed, but rather from the common folk, should he be given some Zakaat in order to strengthen his Faith?

Some scholars hold that it should be given to him since benefiting one’s religion is better than benefiting one’s body. Look at the example of a poor person. He is given Zakaat in order to nourish his body. So nourishing someone’s heart with Faith is greater and of more benefit. However some scholars hold that he should not be given the Zakaat since the benefit of strengthening his Faith is a personal benefit that is specific to him alone.

5. Slaves: What falls under this is buying slaves using Zakaat funds in order to free them, as well as assisting in the liberation of Muslim war captives.

6. Those in debt: They are the ones who owe debts. This is on the condition that they do not possess that which will enable them to remove their debts. So these people should be given enough (Zakaat) that will relieve them of their debt, whether it is a small or large amount, even if they may be wealthy due to their livelihood. So in the case where there is a man who has some income that is enough for the livelihood of himself and his family, but he has some debt that he cannot repay, he may be given sufficient Zakaat that will remove his debt from him. However, it is not permissible for a person who is owed money by a poor person to cancel that person’s debt, intending to give his share of Zakaat by that.

The scholars have differed regarding the case where the one in debt is someone’s father or son. Can he be given Zakaat in order to remove his debt? The correct opinion is that it is permissible. It is permissible for a person who owes Zakaat to go to the creditor (person owed the debt) and pay him back the loan of the indebted without the latter being aware of it. This is on the condition that the person owing Zakaat knows that the indebted one is unable to repay his debt.

7. In the Cause of Allaah: This refers to Jihaad in the Cause of Allaah. So those who fight in Jihaad should be given a portion of the Zakaat that will suffice them for their Jihaad and enable them to buy the necessary tools for Jihaad in the Cause of Allaah.

What also falls under “the Cause of Allaah” is religious knowledge. So a student of Islamic knowledge should be given that which will enable him to seek knowledge, such as books and so on. This is unless he already has money of his own that will enable him to achieve that.

8. The Wayfarer: This refers to a traveler that has been cut off from his journey. So he should be given enough Zakaat that will enable him to return to his homeland.

These are the people who are entitled to receive Zakaat, the ones whom Allaah has mentioned in His Book and informed us that this is an obligation that He mandated, which stems from His knowledge and wisdom. And Allaah is All-Knowing, All-Wise.

It is not permissible to direct the Zakaat to any other place, such as towards building masaajid or fixing roads. This is because Allaah has told us those who are entitled to receive the Zakaat for the purpose of limiting them to just those mentioned. So this limitation indicates that we are to negate all other potential recipients that due not fall under this limitation.

If we were to reflect on those individuals that we may give Zakaat to, we would come to realize that among them are those who are in need of the Zakaat for personal use as well as those who are in need of it for the Muslims generally. So by this, we can see the extent of wisdom behind the requirement of Zakaat. And we would come to know that the wisdom behind Zakaat is to build a complete and upright society, as best as possible. And that Islaam does not disregard money or the benefits that can be generated from wealth, nor does it leave greedy and stingy souls to go about freely an unchecked with their stinginess and vain desires. On the contrary, it is the greatest guiding force towards the good and betterment of nations. And all praise is due to Allaah, Lord of the universe.

Dealing with a Troublesome Husband : By Shaykh Ibn Baaz

[al-Istiqaamah Magazine]

[Q.3]: Even though my husband – may Allaah forgive him – is a person of good character and fears Allaah, yet he does not treat me with kindness. He is always moody, frowning and troubled at heart – and he often says that I am the cause of this. However, Allaah knows – and all praise is for Allaah – that I do fulfill his rights and try to bring to him tranquility and peace of mind and I try to stay clear of all that which displeases him, whilst patiently bearing his excesses against me. Every time I ask him about something, or speak about a particular matter, he becomes angry and says that my speech is stupidity – even though I know that he is perfectly happy in the company of his friends and associates. However, when it concerns me, then he does not treat me in the same manner, nor with the same feeling. This causes me great hurt and anger and I have often considered leaving the house. I have – and all praise is for Allaah – been educated to a good level and fulfill that which Allaah has obligated me with. O noble Shaykh! If I leave the house with my children, try to educate them and live my own life, will I be sinful in doing so? Or should I continue to live in my present circumstance, abstain from speaking and continue patiently bearing these difficulties? Please advise me as to what I should do – and may Allaah reward you with goodness.

[A.3]: There is no doubt that it is obligatory for the husband and wife to live together in a kind and sociable manner. There should be good manners and treatment between them, along with affection and pleasant behaviour – as Allaah the Mighty and Majestic – says,

‘‘And live with them in honour and in kindness.’’ [Sooratun-Nisaa‘ 4:19 ]

And His – the Most Perfect – saying,

‘‘And the wives have rights over the husbands – similar to those of the husbands over them – in that which is reasonable. But men have a degree over them.’’ [Sooratul-Baqarah 2:228]

The Prophet (sallallaahu ’alayhi wa sallam) said, ‘‘Righteousness is good character.’’ [1] And he (’alayhis-salaatu was-salaam) then said, ‘‘Do not consider any good action as insignificant- even if it is meeting your brother with a cheerful face.’’ [2] And he (sallallaahu ’alayhi wa sallam) also said, ‘‘The most perfect of Believers in eemaan (faith) is the one with the best character. And the best of you are those that are best to their women-folk, and I am the best amongst you to my family.’’ [3] There are besides these many other ahaadeeth which are a general proof for the encouragement of good character, cheerful meeting and good companionship between Muslims. If this is the general case between Muslims, then good treatment between husband and wife and relatives is even more important. You have done well in patiently persevering and bearing the ill treatment and bad character from your husband. However, I advise you to have even greater patience and not to leave the house, and if Allaah – the Most High – wills, there will be a great deal of good in this and a praiseworthy end for you. Allaah – the Most Perfect – said,

‘‘Patiently persevere! Indeed Allaah is with those who patiently persevere.’’ [Sooratul-Anfaal 6:46]

And His – the Mighty and Majestic – saying,

‘‘Indeed whosoever fears Allaah, obeys Him, turns away from disobedience and patiently perseveres, then Allaah does not cause the rewards of the doers of good to be lost.’’ [Soorah Yoosuf 12:90]

And His – the Mighty and Majestic – saying,

‘‘Only those who patiently persevere shall receive their reward in full without reckoning.’’ [Sooratuz-Zumar 39:10]

And His – the Most Perfect – saying,

‘‘So patiently persevere! Indeed, the end will be good for those who are pious.’’[Soorah Hood 11:49]

However, this does not prevent you from speaking to your husband with such words, and behaving with him in such a manner, that will soften his heart- and lead to him being pleased with you and fulfilling your rights of companionship. And as long as he is fulfilling the main and important obligations towards you, then try not to ask him for any worldly need, until his heart is opened and his chest is expanded in accepting your request and fulfilling your needs; in this way – if Allaah wills your ending will be a praiseworthy one. May Allaah grant you increase in all that is good, and that the condition of your husband improves, and that he is guided to good character, kindness in companionship and to fulfilling the rights that are due upon him. Indeed Allaah is the best of those who are asked, and only He guides to the path that is straight. [4]

Footnotes:
[1] Related by Muslim (4/1980) from an-Nawwaas Ibn Sam’aan (radiyallaahu ’anhu).

[2] Saheeh: Related by Ahmad (5/63) and it was authenticated by al-Albaanee in as-Saheehah (no. 1352).

[3] Hasan: Related by at-Tirmidhee (1/217-218) who said, ‘‘The hadeeth is Hasan Saheeh.’’

[4] al-Fataawaa (1/193-194)

The Muslim Woman & Her Status in the Ummah : By Shaykh Ibn Baaz

By Shaykh ‘Abdul ‘Azeez Ibn Baaz (d.1420H) (rahimahullaah) [1]

This small article was a response to a particular question concerning the position and status of Muslim women, and has been taken from his Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah (3/348-350).

Source: Al-Istiqaamah , Issue No.1 – Dhul-Hijjah 1416H / May 1996

The status of the Muslim woman in Islaam is a very noble and lofty one, and her effect is very great in the life of every Muslim. Indeed, the Muslim woman is the initial teacher in the building of a righteous society, providing she follows the guidance from the Book of Allaah and the Sunnah of His Prophet sallallaahu ‘alayhi wa sallam. Since adherence to the Qur’aan and the Sunnah distances every Muslim male or female from being misguided in any matter. The misguidance that the various nations suffer from, the path of Allaah the Most Perfect, the Most High, and from what His Prophets and Messengers, may Allaah’s peace and prayers be upon them all, came with. The Prophet sallallaahu ‘alayhi wa sallam said: “I am leaving behind two matters, you will not go astray as long as you cling to them both, the Book of Allaah and my Sunnah.”

The great importance of the Muslim woman’s role – whether as wife, sister or daughter, and the rights that are due to her and the obligations due from her have been explained in the noble Qur’aan, and further details of this have been explained in the purified Sunnah.

The secret of her importance lies in the tremendous burden and responsibility that is placed upon her, and the difficulties that she has to shoulder. In terms of responsibilities, some of which not even a man can bear. This is why from the most important obligations upon a person is to show gratitude to the mother, and kindness and good companionship with her. And in this matter, she is to be given precedence over and above the father. Allaah the Most High, says:

“And We have enjoined upon man to be dutiful and good to his parents. His mother bore him in weakness upon weakness and hardship upon hardship, and his weaning is in two years. Show gratitude and thanks to Me and to your parents. Unto Me is the final destination.” [Al-Qur’aan 31:14]

Allah the Most High, said: “And We have enjoined upon man to be dutiful and kind to his parents. His mother bears him with hardship, and she brings him forth with hardship. And the bearing and the weaning of him is thirty months.” [Al-Qur’aan 46:15].

A man came to Allaah’s Messenger sallallaahu ‘alayhi wa sallam said: O Messenger of Allaah! Who from amongst mankind warrants the best companionship from me. He replied: “Your mother.” The man asked: Then who? So he replied: “Your mother.” The man asked: Then who? So the Prophet replied again: “Your mother.” The man then asked: Then who? So he replied: “Then your father.” So this necessitates that the mother is given three times the likes of kindness and good treatment than the father.

As regards the wife, then her effect in making the soul tranquil and serene, has been clearly shown in the noble aayah (verse), in His – the Most High’s – saying:

“And from amongst His Signs is this: That He created for you wives from amongst yourselves, so that you may find serenity and tranquility in them, And He has put between you love and compassion. Indeed, in this are signs for those who reflect.” [Al-Qur’aan 30:21]

Al-Haafidh Ibn Katheer (d.774H) – rahimahullaah – said, whilst explaining the terms mawaddah and rahmah which occur in the above verse. “Al-mawaddah means love and affection, and ar-rahmah means compassion and pity, since a man takes the hand of a woman either due to his love for her, or because of compassion and pity for her; by giving to her a child from himself…”

And the unique stance that the Prophet sallallaahu ‘alayhi wa sallam’s wife Khadeejah – radiallaahu ‘anhaa – took, had a huge effect in calming and reassuring Allaah’s Messenger sallallaahu ‘alayhi wa sallam, when the angel Jibreel – ‘alayhis-salaam – first came to him in the cave of Hiraa. The Prophet sallallaahu ‘alayi wa sallam returned to Khadeejah with the first Revelation and with his heart trembling and beating severely, saying to her, “Cover me! Cover me!” So she covered him until his fear was over, after which he told Khadeejah – radiallaahu ‘anhaa – everything that had happened, and said: “I fear that something may happen to me.” She said to him: “Never! By Allaah! Allaah will never  disgrace you. You keep good ties with relations, you help the poor and  the destitute, you serve your guests generouly and assist those who have been affected with calamities.

And do not forget about ‘Aaishah – radiallaahu ‘anhaa – and her immense contribution. Even the eminent Sahaabah (Companions) used to take knowledge of Hadeeth from her, and many of the Sahaabiyaat (female Companions) learnt the various rulings pertaining to women’s issues from her.

And I have no doubt that my mother (may Allaah shower His mercy upon her) had a tremendous effect upon me, and has a great excellence over me, in encouraging me to study, and she assisted me in it. May Allaah greatly increase her reward and reward her with the best of rewards for what she did for me. And there is no doubt also, that the house in which there is kindness, gentleness, love and care, with the correct Islaamic tarbiyah (education and cultivation) will greatly affect the man. So he will become, if Allaah wills, successful in his affairs and in any matter whether it be seeking knowledge, trading, earning a living, etc. So it is Allaah alone that I ask to grant us all success and to guide us all to that which He loves and is pleased with. And may the prayers and peace of Allaah be upon our Prophet Muhammad, and upon his Family, his Companions and his followers.


1. He is the exemplary Scholar: Abu ‘Abdullaah, ‘Abdul-‘Azeez bin ‘Abdullaah bin Baaz. He was born in the city of Riyaadh (Sa’udi Arabiah) on the 12th Dhul-Hijjah in the year 1330H. He began seeking knowledge by first memorising the Qur’aan before reaching the age of maturity. He then went on to study the various Islaamic sciences, such as ‘Aqeedah (Beliefs), Fiqh (Jurisprudence), Usoolul-Fiqh (Fundamentals of Jurisprudence), Hadeeth (Prophetic Narrations), Faraa’id (Laws of Inheritance), Nahw (Grammar) and Sarf (Morphology) – even though the Shaykh became permanently blind at the age of seventeen. He studied these sciences under some of the most prominent Scholars of Riyaadh and Makkah of his time, including Shaykh Muhammad ibn ‘Abdul-Lateef ibn Abdur-Rahmaan ibn Hasan and also the former grand-muftee and noble scholar, Shaykh Muhammad ibn Ibraaheem – whom he studied under for ten years. He is eighty-six years old, mild, generous and forbearing in nature, whilst firm, yet wise, when speaking the truth. He is a zaahid (one who abstains) with respect to this world and is one of the foremost Scholars of Ahlul-Sunnah wal-Jamaa’at in this present age. The noble Shaykh has – by Allaah’s grace – devoted his whole life to the cause of Islaam and its people, authoring many books and booklets, teaching and serving the masses, along with being very active in the field of da’wah. May Allaah protect our noble father and Shaykh, and may He continue to benefit the Ummah with him.
This small article was a response to a particular question concerning the position and status of Muslim women, and has been taken from his Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah (3/348-350).
2. Hasan: Related by Maalik in al-Muwatta (2/899) and al-Haakim (1/93), from Ibn ‘Abbaas radiallaahu ‘anhu. It was authenticated by al-Albaanee in as-Saheehah (no.1871).
3. Related by al-Bukhaaree (no. 5971) and Muslim (7/2), from Abu Hurayrah radiallaahu ‘anhu.
4. Tafseer Qur’aanul-‘Adheem (3/439) of Ibn Katheer.
5. Related by al-Bukhaaree (1/22) and Muslim (1/139), from the lengthy narration of ‘Aa’eshah radiallaahu ‘anhaa.

The Ruling Concerning Divorce in Islaam : Ibn Baaz

[Taken from Fataawaa Islaamiyyah (3/264)]
Shaykh ‘Abdul-‘Azeez Ibn ‘Abdullaah Ibn Baaz (rahimahullaah)

[Q]: What are the valid reasons for divorce, from your point of view your Eminence?

[A]: For divorce there are many reasons: From them (i.e. the many reasons for divorce) is lack of harmony between the husband and the wife such that it does not cause love from either one for the other or from both of them. And from them is bad behaviour of the woman or lack of listening and obedience to the husband in what he commands of the good. And from them is bad behaviour of the husband and his oppressing the woman and lack of fairness/justice for her. And from them is his falling short of fulfilling her rights and her falling short of fulfilling his rights. And from this is the occurrence of wrongdoing from one of them or both of them such that the situation is made worse because of this, so the only route is divorce, and from this is the husband or the wife turning to intoxicants and smoking. And from them is the bad state of affairs between the woman and the husband’s parents or either of them, and the lack of use of wise politics in dealing with each other. And from them is the lack of the woman in caring and showing concern in cleanliness and dressing up and beautifying herself for her husband with perfume and good speech and cheerfulness when she meets her husband and when they have sexual intercourse.

The Tafsir of Surat At-Talaq : Tafsir Ibn Kathir

The Tafsir Ibn Kathir of Surat At-Talaq

(Chapter – 65)

Which was revealed in Al-Madinah

[بِسْمِ اللَّهِ الرَّحْمَـنِ الرَّحِيمِ ]

(In the Name of Allah, the Most Gracious, the Most Merciful.

[يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُواْ الْعِدَّةَ وَاتَّقُواْ اللَّهَ رَبَّكُمْ لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ إِلاَّ أَن يَأْتِينَ بِفَـحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ اللَّهِ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً ]

(1. O Prophet! When you divorce women, divorce them at their `Iddah and count their `Iddah. And have Taqwa of Allah, your Lord. And turn them not out of their homes nor shall they leave, except in case they are guilty of Fahishah Mubayyinah. And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself. You know not, it may be that Allah will afterward bring some new thing to pass.)

There is a Period during which Divorced Women remain in Their Homes

The Prophet was addressed first in this Ayah, to honor him, even though his Ummah is also being addressed in Allah’s statement,

[يأيُّهَا النَّبِىُّ إِذَا طَلَّقْتُمُ النِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(O Prophet! When you divorce women, divorce them at their `Iddah) Al-Bukhari recorded that `Abdullah bin `Umar divorced his wife, during the lifetime of Allah’s Messenger , while she was menstruating. `Umar bin Al-Khattab mentioned that to Allah’s Messenger . Allah’s Messenger became angry and said,

«لِيُرَاجِعْهَا ثُمَّ يُمْسِكْهَا حَتْى تَطْهُرَ، ثُمَّ تَحِيضَ فَتَطْهُرَ، فَإِنْ بَدَا لَهُ أَنْ يُطَلِّقَهَا، فَلْيُطَلِّقْهَا طَاهِرًا قَبْلَ أَنْ يَمَسَّهَا، فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ بِهَا اللهُ عَزَّ وَجَل»

(Order him to take her back and keep her until she is clean from her menses, and then to wait until she gets her next period and becomes clean again. Then, if he wishes to divorce her, he can divorce her when she is clean from her menses, before he has sexual intercourse with her. This is the `Iddah which Allah the Exalted and Most Honored has fixed.) Al-Bukhari recorded this Hadith in several parts of his Sahih. Muslim collected this Hadith and his narration uses these words,

«فَتِلْكَ الْعِدَّةُ الَّتِي أَمَرَ اللهُ أَنْ يُطَلَّقَ لَهَا النِّسَاء»

(This is the `Iddah which Allah has fixed for the women being divorced.) In his Sahih, Muslim has recorded a Hadith which is a more appropriate version from a narration of Ibn Jurayj who said that Abu Az-Zubayr informed him that he heard `Abdur-Rahman bin Ayman, the freed slave of `Azzah, questioning `Abdullah bin `Umar. And Abu Az-Zubayr heard the question, “What about a man who divorces his wife while she is still on her menses” `Abdullah answered, “During the time of Allah’s Messenger , `Abdullah bin `Umar divorced his wife who was menstruating in the life time of Allah’s Messenger . So Allah’s Messenger said:

«لِيُرَاجِعْهَا»

(Let him take her back.) so she returned and he said:

«إِذَا طَهُرَتْ فَلْيُطَلِّقْ أَوْ يُمْسِك»

(When she is pure, then either divorce or keep her.) `Abdullah bin `Umar said, “Allah’s Messenger recited this Ayah: (ياأَيُّها النَّبِيُّ إِذا طَلَّقْتُمُ النِّساءَ فَطَلِّقُوهُنَّ فِي قُبُلِ عِدَّتِهِنَّ) (O Prophet! When you divorce women, divorce them at their `Iddah) And `Abdullah (Ibn Mas`ud) commented on Allah’s statement,

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah) He said, “Purity without intercourse.” Similar was reported from Ibn `Umar, `Ata’, Mujahid, Al-Hasan, Ibn Sirin, Qatadah, Maymun bin Mihran and Muqatil bin Hayyan. It is also reported from `Ikrimah and Ad-Dahhak.`Ali bin Abi Talhah reported from Ibn `Abbas about the Ayah;

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah), “He does not divorce her while she is on her menses nor while she is pure if he has had intercourse during that (purity). Rather, he leaves her until she has her menses and after the menses ends, then he divorces her once.” And `Ikrimah said about

[فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ]

(divorce them at their `Iddah), “The `Iddah is made up of clean- liness and the menstrual period.” So he divorces her while it is clear that she is pregnant, or he does not due to having sex, or since he does not know if she is pregnant or not. This is why the scholars said that there are two types of divorce, one that conforms to the Sunnah and another innovated. The divorce that conforms to the Sunnah is one where the husband pronounces one divorce to his wife when she is not having her menses and without having had sexual intercourse with her after the menses ended. One could divorce his wife when it is clear that she is pregnant. As for the innovated divorce, it occurs when one divorces his wife when she is having her menses, or after the menses ends, has sexual intercourse with her and then divorces her, even though he does not know if she became pregnant or not. There is a third type of divorce, which is neither a Sunnah nor an innovation where one divorces a young wife who has not begun to have menses, the wife who is beyond the age of having menses, and divorcing one’s wife before the marriage was consummated. Allah said,

[وَأَحْصُواْ الْعِدَّةَ]

(and count their `Iddah.) meaning, count for it and know its beginning and end, so that the `Iddah does not become prolonged for the woman and she cannot get married again,

[وَاتَّقُواْ اللَّهَ رَبَّكُمْ]

(And have Taqwa of Allah, your Lord.) in this matter.

Spending and Housing is up to the Husband during the Revocable `Iddah Period

Allah said,

[لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ]

(And turn them not out of their homes nor shall they leave,) meaning, during the duration of the `Iddah, she has the right to housing from her husband, as long as the `Iddah period continues. Therefore, the husband does not have the right to force her out of her house, nor is she allowed to leave his house, because she is still tied to the marriage contract. Allah said,

[إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ]

(except in case they are guilty of Fahishah Mubayyinah.) meaning that the divorced wife is not to abandon her husband’s house unless she commits Fahishah Mubayyinah, in which case, she vacates her husband’s house. For example, Fahishah Mubayyinah implies adultery, according to `Abdullah bin Mas`ud, Ibn `Abbas, Sa`id bin Al-Musayyib, Ash-Sha`bi, Al-Hasan, Ibn Sirin, Mujahid, `Ikrimah, Sa`id bin Jubayr, Abu Qilabah, Abu Salih, Ad-Dahhak, Zayd bin Aslam, `Ata’ Al-Khurasani, As-Suddi, Sa`id bin Hilal and others. Fahishah Mubayyinah implies disobeying her husband openly or when she abuses her husband’s family in words and actions, according to Ubay bin Ka`b, Ibn `Abbas, `Ikrimah and others. Allah’s statement,

[وَتِلْكَ حُدُودُ اللَّهِ]

(And those are the set limits of Allah.) means, these are from His legislation and prohibitions,

[وَمَن يَتَعَدَّ حُدُودَ اللَّهِ]

(And whosoever transgresses the set limits of Allah,) meaning, whoever violates these limits, transgresses them and implements anything else besides them,

[فَقَدْ ظَلَمَ نَفْسَهُ]

(then indeed he has wronged himself.) by doing so.

The Wisdom of `Iddah at the Husband’s House

Allah said,

[لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً]

(You know not, it may be that Allah will afterward bring some new thing to pass.) meaning, `We commanded that the divorced wife remains in her husband’s house during the `Iddah period, so that the husband might regret his action and Allah decides that the husband feels in his heart for the marriage to continue.’ This way, returning to his wife will be easier for him. Az-Zuhri said that `Ubaydullah bin `Abdullah said that Fatimah bint Qays said about Allah’s statement,

[لاَ تَدْرِى لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً]

(You know not, it may be that Allah will afterward bring some new thing to pass.) “Taking her back.” Similar was said by Ash-Sha`bi, `Ata’, Qatadah, Ad-Dahhak, Muqatil bin Hayyan and Ath-Thawri.

The Irrevocably Divorced Woman does not have a Right to Provisions and Accommodations from the Husband

Here the view of the scholars of the Salaf and those who follow them is that housing is not obligatory in the case of the irrevocably divorced woman. They also relied on the Hadith of Fatimah bint Qays Al-Fihriyah when her husband Abu `Amr bin Hafs divorced her the third and final time. He was away from her in Yemen at the time, and he sent her his decision to divorce her. He also sent some barley with his messenger, but she did not like the amount or method of compensation. He said, “By Allah I am not obligated to spend upon you.” So, she went to Allah’s Messenger , who said,

«لَيْسَ لَكِ عَلَيْهِ نَفَقَة»

(There is no obligation on him to spend on you.) Muslim added in his narration,

«وَلَا سُكْنَى»

(nor housing.) And he ordered her to finish her `Iddah period in the house of Umm Sharik. He then said,

«تِلْكَ امْرَأَةٌ يَغْشَاهَا أَصْحَابِي، اعْتَدِّي عِنْدَ ابْنِ أُمِّ مَكْتُومٍ، فَإِنَّهُ رَجُلٌ أَعْمَى تَضَعِينَ ثِيَابَك»

(She is a woman my Companions visit. Spend this period in the house of Ibn Umm Maktum, for he is a blind man; [he cannot see you if] you take off your garments.) Imam Ahmad collected this Hadith using another chain of narration. In his narration, the Messenger of Allah said,

«انْظُرِي يَا بِنْتَ آلِ قَيْسٍ إِنَّمَا النَّفَقَةُ وَالسُّكْنَى لِلْمَرْأَةِ عَلَى زَوْجِهَا، مَا كَانَتْ لَهُ عَلَيْهَا رَجْعَةٌ، فَإِذَا لَمْ يَكُنْ لَهُ عَلَيْهَا رَجْعَةٌ فَلَا نَفَقَةَ وَلَا سُكْنَى،اخْرُجِي فَانْزِلِي عَلَى فُلَانَة»

(Look O daughter of the family of Qays! Spending and housing are required from the husband who can return to his wife. So if he does not have the right to return to her, then she does not have the right to spending and housing. So leave his house and go to so-and-so woman.) He then said,

«إِنَّهُ يُتَحَدَّثُ إِلَيْهَا، انْزِلِي عَلَى ابْنِ أُمِّ مَكْتُومٍ فَإِنَّهُ أَعْمَى لَا يَرَاك»

(They speak to her. Therefore, go to Ibn Umm Maktum, for he is a blind man and cannot see you.) Abu Al-Qasim At-Tabarani recorded that `Amir Ash-Sha`bi went to Fatimah bint Qays, sister of Ad-Dahhak bin Qays, from the tribe of Quraysh. Fatimah was married to Abu `Amr bin Hafs bin Al-Mughirah, from Bani Makhzum. She said, “Abu `Amr bin Hafs sent me his decision to divorce me while he was in an army that had gone to Yemen. I asked his friends to provide me with financial provisions and housing. They said, `He did not send us anything for that, nor did he request it from us.’ I went to Allah’s Messenger and said to him, `O Allah’s Messenger! Abu `Amr bin Hafs divorced me, and I asked his friends to provide me with spending and housing and they said that he did not send them anything for that.’ Allah’s Messenger said,

«إِنَّمَا السُّكْنَى وَالنَّفَقَةُ لِلْمَرْأَةِ إِذَا كَانَ لِزَوْجِهَا عَلَيْهَا رَجْعَةٌ، فَإِذَا كَانَتْ لَا تَحِلُّ لَهُ حَتْى تَنْكِحَ زَوْجًا غَيْرَهُ:فَلَا نَفَقَةَ لَهَا وَلَا سُكْنَى»

(Spending and housing are required from the husband for his divorced wife if he can return to her. If she is not permitted for him anymore, until she marries another husband, then he does not have to provide her with spending and housing.)” An-Nasa’i also recorded this narration.

[فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ وَأَقِيمُواْ الشَّهَـدَةَ لِلَّهِ ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً – وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً ]

(2. Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you. And establish the testimony for Allah. That will be an admonition given to him who believes in Allah and the Last Day. And whosoever has Taqwa of Allah, He will make a way for him to get out.) (3. And He will provide him from where he never could imagine. And whosoever puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish his purpose. Indeed Allah has set a measure for all things.)

Ordaining Kindness towards Divorced Women

Allah the Exalted says that when the woman who is in her `Iddah nears the end of the `Iddah term, the husband must decide to reconcile with her, thus keeping their marriage together,

[بِمَعْرُوفٍ]

(in a good manner) while being kind to her in their companionship. Otherwise, he must decide to divorce her on good terms, without abusing, cursing, or admonishing her. To the contrary, he should divorce her on good terms, observing kindness and good manners.

The Command to have Witnesses for the Return

Allah said,

[وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ]

(And take as witness two just persons from among you.) meaning when taking her back, if this is your decision. Abu Dawud and Ibn Majah recorded that `Imran bin Husayn was asked about a man who divorced his wife and then had sexual intercourse with her, without notifying witnesses of when he divorced her and when he took her back. `Imran said, “His divorce and taking her back was in contradiction to the Sunnah. Incorporate the presence of witnesses for divorcing her and taking her back, and do not repeat your conduct.” Ibn Jurayj said that `Ata’ commented on the Ayah,

[وَأَشْهِدُواْ ذَوَى عَدْلٍ مِّنكُمْ]

(And take as witness two just persons from among you.) “It is not permissible to marry, divorce or take back the divorced wife except with two just witnesses, just as Allah the Exalted has said, except when there is a valid excuse.” Allah’s statement,

[ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ]

(That will be an admonition given to him who believes in Allah and the Last Day.) means, `this, Our command to you to have witnesses in such cases and to establish the witness, is implemented by those who believe in Allah and the Last Day.’ This legislation is meant to benefit those who fear Allah’s punishment in the Hereafter.

Allah provides, suffices, and makes a Way out of Every Hardship for Those Who have Taqwa

Allah said,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاًوَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(And whosoever has Taqwa of Allah, He will make a way for him to get out. And He will provide him from where he never could imagine.) meaning, whoever has Taqwa of Allah in what He has commanded and avoids what He has forbidden, then Allah will make a way out for him from every difficulty and will provide for him from resources he never anticipated or thought about. Ibn Abi Hatim recorded that `Abdullah bin Mas`ud said, “The most comprehensive Ayah in the Qur’an is,

[إِنَّ اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالإْحْسَانِ]

(Verily, Allah enjoins Al-`Adl (justice) and Al-Ihsan (doing good) (16:90). The greatest Ayah in the Qur’an that contains relief is,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.)” `Ikrimah also commented on the Ayah, “Whoever divorces as Allah commanded him, then Allah will make a way out for him.” Similar was reported from Ibn `Abbas and Ad-Dahhak.`Abdullah bin Mas`ud and Masruq commented on the Ayah,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.) “It pertains to when one knows that if Allah wills He gives, and if He wills He deprives,

[مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(from where he never could imagine.) from resources he did not anticipate” Qatadah said,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجاً]

(And whosoever has Taqwa of Allah, He will make a way for him to get out.) “meaning, from every doubt and the horrors experienced at the time of death,

[وَيَرْزُقْهُ مِنْ حَيْثُ لاَ يَحْتَسِبُ]

(And He will provide him from where he never could imagine) from where he never thought of or anticipated.” Allah said,

[وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ]

(And whosoever puts his trust in Allah, then He will suffice him.) Imam Ahmad recorded that Ibn `Abbas said that he rode the Prophet’s camel while sitting behind the Prophet , and the Messenger of Allah said to him,

«يَا غُلَامُ إِنِّي مُعَلِّمُكَ كَلِمَاتٍ: احْفَظِ اللهَ يَحْفَظْكَ، احْفَظِ اللهَ تَجِدْهُ تُجَاهَكَ، وَإِذَا سَأَلْتَ فَاسْأَلِ اللهَ، وَإِذَا اسْتَعَنْتَ فَاسْتَعِنْ بِاللهِ، وَاعْلَمْ أَنَّ الْأُمَّةَ لَوِ اجْتَمَعُوا عَلَى أَنْ يَنْفَعُوكَ لَمْ يَنْفَعُوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ لَكَ، وَلَوِ اجْتَمَعُوا عَلَى أَنْ يَضُرُّوكَ لَمْ يَضُرُّوكَ إِلَّا بِشَيْءٍ قَدْ كَتَبَهُ اللهُ عَلَيْكَ، رُفِعَتِ الْأَقْلَامُ وَجَفَّتِ الصُّحُف»

(O boy! I will teach you words [so learn them]. Be mindful of Allah and He will protect you, be mindful of Allah and He will be on your side. If you ask, ask Allah, and if you seek help, seek it from Allah. Know that if the Ummah gather their strength to bring you benefit, they will never bring you benefit, except that which Allah has decreed for you. Know that if they gather their strength to harm you, they will never harm you, except with that which Allah has decreed against you. The pens have been raised and the pages are dry.) At-Tirmidhi collected this Hadith and said: “Hasan Sahih.” Allah’s statement,

[إِنَّ اللَّهَ بَـلِغُ أَمْرِهِ]

(Verily, Allah will accomplish his purpose.) meaning, Allah will execute His decisions and judgement that He made for him, in whatever way He wills and chooses,

[قَدْ جَعَلَ اللَّهُ لِكُلِّ شَىْءٍ قَدْراً]

(Indeed Allah has set a measure for all things.) This is like His saying:

[وَكُلُّ شَىْءٍ عِندَهُ بِمِقْدَارٍ]

(Everything with Him is in (due) proportion.) (13:8)

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً – ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً ]

(4. Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden; and whosoever has Taqwa of Allah, He will make his matter easy for him.) (5. That is the command of Allah, which He has sent down to you; and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.)

The `Iddah of Those in Menopause and Those Who do not have Menses

Allah the Exalted clarifies the waiting period of the woman in menopause. And that is the one whose menstruation has stopped due to her older age. Her `Iddah is three months instead of the three monthly cycles for those who menstruate, which is based upon the Ayah in (Surat) Al-Baqarah. [see 2:228] The same for the young, who have not reached the years of menstruation. Their `Iddah is three months like those in menopause. This is the meaning of His saying;

[وَاللَّـتِي لَمْ يَحِضْنَ]

(and for those who have no courses…) as for His saying;

[إِنِ ارْتَبْتُمْ]

(if you have doubt…) There are two opinions: First, is the saying of a group of the Salaf, like Mujahid, Az-Zuhri and Ibn Zayd. That is, if they see blood and there is doubt if it was menstrual blood or not. The second, is that if you do not know the ruling in this case, then know that their `Iddah is three months. This has been reported from Sa`id bin Jubayr and it is the view preferred by Ibn Jarir. And this is the more obvious meaning. Supporting this view is what is reported from Ubay bin Ka`b that he said, “O Allah’s Messenger! Some women were not mentioned in the Qur’an, the young, the old and the pregnant.” Allah the Exalted and Most Honored sent down this Ayah,

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses. And for those who are pregnant, their `Iddah is until they lay down their burden.) Ibn Abi Hatim recorded a simpler narration than this one from Ubay bin Ka`b who said, “O Allah’s Messenger! When the Ayah in Surat Al-Baqarah was revealed prescribing the `Iddah of divorce, some people in Al-Madinah said, `There are still some women whose `Iddah has not been mentioned in the Qur’an. There are the young, the old whose menstruation is discontinued, and the pregnant.’ Later on, this Ayah was revealed,

[وَاللاَّئِى يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَـثَةُ أَشْهُرٍ وَاللَّـتِي لَمْ يَحِضْنَ]

(Those in menopause among your women, for them the `Iddah, if you have doubt, is three months; and for those who have no courses.)”

`Iddah of Pregnant Women

Allah’s statement,

[وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(And for those who are pregnant, their `Iddah is until they lay down their burden;) Allah says: the pregnant woman’s `Iddah ends when she gives birth, whether in the case of divorce or death of the husband, according to the agreement of the majority of scholars of the Salaf and later generations. This is based upon this honorable Ayah and what is mentioned in the Prophetic Sunnah. Al-Bukhari recorded that Abu Salamah said, “A man came to Ibn `Abbas while Abu Hurayrah was sitting with him and said, `Give me your verdict regarding a lady who delivered a baby forty days after the death of her husband.’ Ibn `Abbas said,` [Her `Iddah period lasts until] the end of the longest among the two prescribed periods.’ I recited,

[وَأُوْلَـتُ الاٌّحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ]

(For those who are pregnant, their prescribed period is until they deliver their burdens;) Abu Hurayrah said, `I agree with my cousin (Abu Salamah).’ Then Ibn `Abbas sent his slave Kurayb to Umm Salamah to ask her. She replied, `The husband of Subay`ah Al-Aslamiyyah was killed while she was pregnant, and she delivered a baby forty days after his death. Then she received a marriage proposal and Allah’s Messenger married her to somebody. Abu As-Sanabil was one of those who proposed to her.” Al-Bukhari collected this short form of the Hadith, which Muslim and other scholars of Hadith collected using its longer form. Imam Ahmad recorded that Al-Miswar bin Makhramah said, “Subay`ah Al-Aslamiyyah gave birth to a child a few days after the death of her husband. When she finished the postdelivery term, she was proposed to. So she sought the permission of Allah’s Messenger for the marriage, and he permitted her to marry, so she got married.” Al-Bukhari collected this narration, as did Muslim, Abu Dawud, An-Nasa’i and Ibn Majah with a different chain of narration from the Hadith of Subay`ah. Muslim bin Al-Hajjaj recorded that `Ubaydullah bin `Abdullah bin `Utbah said that his father wrote to `Umar bin `Abdullah bin Al-Arqam Az-Zuhri, requesting that he go to Subay`ah bint Al-Harith Al-Aslamiyyah to ask her about the matter in question, and about what Allah’s Messenger said to her when she sought his verdict. `Umar bin `Abdullah wrote to `Ubaydullah bin `Abdullah bin `Utbah informing him that Subay`ah told him that she had been married to Sa`d bin Khawlah, and he was one of those who participated in the battle of Badr. He died during the Farewell Pilgrimage, while she was pregnant. Soon after his death, she gave birth. When she passed the postnatal term, she beautified herself for those who might propose to her. Abu As-Sanabil bin Ba`kak came to her and said, `Why do I see you have beautified yourself Do you wish to remarry By Allah, you cannot marry unless four months and ten days have passed.” Subay`ah said, “When he said that, I dressed myself in the evening and went to Allah’s Messenger and asked him about his verdict. He gave me a religious verdict that I was allowed to marry after I had given birth to my child, saying I could marry if I wish.” This is the narration that Muslim collected. Al-Bukhari collected this Hadith in a shorter form. Allah’s statement,

[وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً]

(and whosoever has Taqwa of Allah, He will make his matter easy for him.) means, Allah will make his matters lenient for him and will soon bring forth relief and a quick way out,

[ذَلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ]

(That is the command of Allah, which He has sent down to you;) meaning, this is His commandment and legislation that He sent down to you through His Messenger ,

[وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَـتِهِ وَيُعْظِمْ لَهُ أَجْراً]

(and whosoever has Taqwa of Allah, He will expiate from him his sins, and will increase his reward.) means, Allah will prevent what he fears and multiply his reward even for the little good he does.

[أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ وَإِن كُنَّ أُوْلَـتِ حَمْلٍ فَأَنفِقُواْ عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى – لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً ]

(6. Lodge them where you dwell, according to what you have, and do not harm them so as to suppress them. And if they are pregnant, then spend on them till they lay down their burden. Then if they suckle the children for you, give them their due payment, and let each of you deal with each other in a mannerly way. But if you make difficulties for one another, then some other woman may suckle for him.) (7. Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. Allah will grant after hardship, ease.)

The Divorced Woman has the Right to Decent Accommodations, and what is Reasonable

Allah the Exalted orders His faithful servants that when one of them divorces his wife, he should provide housing for her until the end of her `Iddah period,

[أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم]

(Lodge them where you dwell,) means, with you,

[مِّن وُجْدِكُمْ]

(according to what you have,) Ibn `Abbas, Mujahid and several others said, it refers to “Your ability.” Qatadah said, “If you can only afford to accommodate her in a corner of your house, then do so.”

Forbidding Ill-Treatment of Divorced Women

Allah’s statement,

[وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ]

(and do not harm them in order to suppress them.) Muqatil bin Hayyan said, “meaning, do not annoy her to force her to pay her way out nor expel her from your house.” Ath-Thawri said from Mansur, from Abu Ad-Duha:

[وَلاَ تُضَآرُّوهُنَّ لِتُضَيِّقُواْ عَلَيْهِنَّ]

(and do not harm them in order to suppress them) “He divorces her, and when a few days remain, he takes her back.”

The Irrevocable Divorced Pregnant Woman has the Right of Support (Maintenance) from Her Husband until She gives Birth

Allah said,

[وَإِن كُنَّ أُوْلَـتِ حَمْلٍ فَأَنفِقُواْ عَلَيْهِنَّ حَتَّى يَضَعْنَ حَمْلَهُنَّ]

(And if they are pregnant, then spend on them till they lay down their burden.) This is about the woman who is irrevocably divorced. If she is pregnant, then she is to be spent on her until she lays down her burden. This is supported due to the fact that if she is revocably divorced, the she has then right to receive her support (maintenance) whether she is pregnant or not.

The Divorced Mother may take Compensation for suckling Her Child

Allah said,

[فَإِنْ أَرْضَعْنَ لَكُمْ]

(Then if they suckle them for you,) meaning, when pregnant women give birth and they are irrevocably divorced by the expiration of the `Iddah, then at that time they may either suckle the child or not. But that is only after she nourishes him with the milk, that is the early on milk which the infant’s well-being depends upon. Then, if she suckles, she has the right to compensation for it. She is allowed to enter into a contract with the father or his representative in return for whatever payment they agree to. This is why Allah the Exalted said,

[فَإِنْ أَرْضَعْنَ لَكُمْ فَـَاتُوهُنَّ أُجُورَهُنَّ]

(Then if they suckle the children for you, give them their due payment,) Allah said,

[وَأْتَمِرُواْ بَيْنَكُمْ بِمَعْرُوفٍ]

(and let each of you deal with each other in a mannerly way.) meaning, the affairs of the divorced couple should be managed in a just way without causing harm to either one of them, just as Allah the Exalted said in Surat Al-Baqarah,

[لاَ تُضَآرَّ وَلِدَةٌ بِوَلَدِهَا وَلاَ مَوْلُودٌ لَّهُ بِوَلَدِهِ]

(No mother shall be treated unfairly on account of her child, nor father on account of child.) (2:233) Allah said,

[وَإِن تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَى]

(But if you make difficulties for one another, then some other woman may suckle for him.) meaning, if the divorced couple disagrees, because the woman asks for an unreasonable fee for suckling their child, and the father refuses to pay the amount or offers an unreasonable amount, he may find another woman to suckle his child. If the mother agrees to accept the amount that was to be paid to the woman who agreed to suckle the child, then she has more right to suckle her own child. Allah’s statement,

[لِيُنفِقْ ذُو سَعَةٍ مِّن سَعَتِهِ]

(Let the rich man spend according to his means;) means, the wealthy father or his representative should spend on the child according to his means,

[وَمَن قُدِرَ عَلَيْهِ رِزْقُهُ فَلْيُنفِقْ مِمَّآ ءَاتَاهُ اللَّهُ لاَ يُكَلِّفُ اللَّهُ نَفْساً إِلاَّ مَآ ءَاتَاهَا]

(and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him.) This is as Allah said,

[لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلاَّ وُسْعَهَا]

(Allah does not burden a person beyond what He can bear.) [2:286]

A Story of a Woman who had Taqwa

Allah’s statement;

[سَيَجْعَلُ اللَّهُ بَعْدَ عُسْرٍ يُسْراً]

(Allah will grant after hardship, ease.) This is a sure promise from Him, and indeed, Allah’s promises are true and He never breaks them, This is an Allah’s saying;

[فَإِنَّ مَعَ الْعُسْرِ يُسْراً – إِنَّ مَعَ الْعُسْرِ يُسْراً ]

(Verily, along with every hardship is relief. Verily, along with every hardship is relief.) [94:5-6] There is a relevant Hadith that we should mention here. Imam Ahmad recorded that Abu Hurayrah said, “A man and his wife from an earlier generation were poor. Once when the man came back from a journey, he went to his wife saying to her, while feeling hunger and fatigued, `Do you have anything to eat’ She said, `Yes, receive the good news of Allah’s provisions.’ He again said to her, `If you have anything to eat, bring it to me.’ She said, `Wait a little longer.’ She was awaiting Allah’s mercy. When the matter was prolonged, he said to her, `Get up and bring me whatever you have to eat, because I am real hungry and fatigued.’ She said, `I will. Soon I will open the oven’s cover, so do not be hasty.’ When he was busy and refrained from insisting for a while, she said to herself, `I should look in my oven.’ So she got up and looked in her oven and found it full of the meat of a lamb, and her mortar and pestle was full of seed grains; it was crushing the seeds on its own. So, she took out what was in the mortar and pestle, after shaking it to remove everything from inside, and also took the meat out that she found in the oven.” Abu Hurayrah added, “By He in Whose Hand is the life of Abu Al-Qasim (Prophet Muhammad )! This is the same statement that Muhammad said,

«لَوْ أَخَذَتْ مَا فِي رَحْيَيْهَا وَلَمْ تَنْفُضْهَا (لَطَحَنَتْهَا) إِلى يَوْمِ الْقِيَامَة»

(Had she taken out what was in her mortar and not emptied it fully by shaking it, it would have continued crushing the seeds until the Day of Resurrection.)”

[وَكَأِيِّن مِّن قَرْيَةٍ عَتَتْ عَنْ أَمْرِ رَبِّهَا وَرُسُلِهِ فَحَاسَبْنَـهَا حِسَاباً شَدِيداً وَعَذَّبْنَـهَا عَذَاباً نُّكْراً – فَذَاقَتْ وَبَالَ أَمْرِهَا وَكَانَ عَـقِبَةُ أَمْرِهَا خُسْراً – أَعَدَّ اللَّهُ لَهُمْ عَذَاباً شَدِيداً فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَـبِ الَّذِينَ ءَامَنُواْ قَدْ أَنزَلَ اللَّهُ إِلَيْكُمْ ذِكْراً – رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ لِّيُخْرِجَ الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ مِنَ الظُّلُمَـتِ إِلَى النُّورِ وَمَن يُؤْمِن بِاللَّهِ وَيَعْمَلْ صَـلِحاً يُدْخِلْهُ جَنَّـتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَـرُ خَـلِدِينَ فِيهَآ أَبَداً قَدْ أَحْسَنَ اللَّهُ لَهُ رِزْقاً ]

(8. And many a town revolted against the command of its Lord and His Messengers; and We called it to a severe account, and We shall punish it with a horrible torment.) (9. So it tasted the evil result of its affair, and the consequence of its affair was loss.) (10. Allah has prepared for them a severe torment. So have Taqwa of Allah, O men of understanding, those who believe! Allah has indeed sent down to you a Reminder.) (11. A Messenger, who recites to you the Ayat of Allah containing clear explanations, that He may take out those who believe and do righteous good deeds, from the darkness to the light. And whosoever believes in Allah and performs righteous deeds, He will admit him into Gardens under which rivers flow, to dwell therein forever. Allah has indeed granted for him an excellent provision.)

Punishment for defying Allah’s Commandments

Allah the Exalted threatens those who defy His commands, deny His Messengers and contradict His legislation, by informing them of the end that earlier nations met who did the same,

[وَكَأِيِّن مِّن قَرْيَةٍ عَتَتْ عَنْ أَمْرِ رَبِّهَا وَرُسُلِهِ]

(And many a town revolted against the command of its Lord and His Messengers;) meaning, they rebelled, rejected and arrogantly refused to obey Allah and they would not follow His Messengers,

[فَحَاسَبْنَـهَا حِسَاباً شَدِيداً وَعَذَّبْنَـهَا عَذَاباً نُّكْراً]

(and We called it to a severe account, and We shall punish it with a horrible torment.) meaning, horrendous and terrifying,

[فَذَاقَتْ وَبَالَ أَمْرِهَا]

(So it tasted the evil result of its affair,) meaning, they tasted the evil consequences of defiance and they regretted their actions when regret does not avail,

[وَكَانَ عَـقِبَةُ أَمْرِهَا خُسْراًأَعَدَّ اللَّهُ لَهُمْ عَذَاباً شَدِيداً]

(and the consequence of its affair was loss. And Allah has prepared for them a severe torment.) means, in the Hereafter, added to the torment that was sent down on them in this life. Allah the Exalted said, after mentioning what happened to the disbelieving nations,

[فَاتَّقُواْ اللَّهَ يأُوْلِى الأَلْبَـبِ]

(So have Taqwa of Allah, O men of understanding,) meaning, `O you who have sound understanding, do not be like them because if you do, you will suffer what they suffered, O people of comprehension,’

[الَّذِينَ ءَامَنُواْ]

(who believe) meaning, in Allah and His Messengers,

[قَدْ أَنزَلَ اللَّهُ إِلَيْكُمْ ذِكْراً]

(Allah has indeed sent down to you a Reminder.) meaning, this Qur’an. Allah also said,

[إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَـفِظُونَ ]

(Verily, We, it is We Who have sent down the Dhikr and surely, We will preserve it.) (15:9)

The Qualities of the Messenger

Allah’s statement,

[رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ]

(A Messenger, who recites to you the Ayat of Allah containing clear explanations,) Some said that the Messenger is the subject of what is being sent [as a reminder] because the Messenger is the one that conveys the Dhikr. Ibn Jarir said that what is correct is that the Messenger explains the Dhikr. This is why Allah the Exalted said here,

[رَّسُولاً يَتْلُو عَلَيْكُمْ ءَايَـتِ اللَّهِ مُبَيِّنَـتٍ]

(A Messenger, who recites to you the Ayat of Allah containing clear explanations,) meaning, plain and apparent. The statement of Allah;

[لِّيُخْرِجَ الَّذِينَ ءَامَنُواْ وَعَمِلُواْ الصَّـلِحَـتِ مِنَ الظُّلُمَـتِ إِلَى النُّورِ]

(that He may take out those who believe and do righteous good deeds, from the darkness to the light.) Allah’s is like saying;

[كِتَابٌ أَنزَلْنَـهُ إِلَيْكَ لِتُخْرِجَ النَّاسَ مِنَ الظُّلُمَـتِ إِلَى النُّورِ]

(A Book which We have revealed unto you in order that you might lead mankind out of darkness) (14:1), and,

[اللَّهُ وَلِيُّ الَّذِينَ ءامَنُواْ يُخْرِجُهُم مِّنَ الظُّلُمَـتِ إِلَى النُّورِ]

(Allah is the Guardian of those who believe. He brings them out from darkness into light.) (2:257) meaning, out of the darkness of disbelief and ignorance into the light of faith and knowledge. Allah the Exalted called the revelation that He has sent down, light, on account of the guidance that it brings. Allah also called it Ruh, in that, it brings life to the hearts,

[وَكَذَلِكَ أَوْحَيْنَآ إِلَيْكَ رُوحاً مِّنْ أَمْرِنَا مَا كُنتَ تَدْرِى مَا الْكِتَـبُ وَلاَ الإِيمَـنُ وَلَـكِن جَعَلْنَـهُ نُوراً نَّهْدِى بِهِ مَن نَّشَآءُ مِنْ عِبَادِنَا وَإِنَّكَ لَتَهْدِى إِلَى صِرَطٍ مُّسْتَقِيمٍ ]

(And thus We have sent to you Ruh of our command. You knew not what is the book, nor what is faith But We have made it a light wherewith we guide whosoever of Our servants We will. And verily, you are indeed guiding to the straight path.) (42:52) Allah’s statement,

[وَمَن يُؤْمِن بِاللَّهِ وَيَعْمَلْ صَـلِحاً يُدْخِلْهُ جَنَّـتٍ تَجْرِى مِن تَحْتِهَا الاٌّنْهَـرُ خَـلِدِينَ فِيهَآ أَبَداً قَدْ أَحْسَنَ اللَّهُ لَهُ رِزْقاً]

(And whosoever believes in Allah and performs righteous good deeds, He will admit him into Gardens under which rivers flow, to dwell therein forever. Allah has indeed granted for him an excellent provision.) was explained several times before, and therefore, we do not need to repeat its explanation here. All the thanks and praises are due to Allah.

[اللَّهُ الَّذِى خَلَقَ سَبْعَ سَمَـوَتٍ وَمِنَ الاٌّرْضِ مِثْلَهُنَّ يَتَنَزَّلُ الاٌّمْرُ بَيْنَهُنَّ لِّتَعْلَمُواْ أَنَّ اللَّهَ عَلَى كُلِّ شَىْءٍ قَدِيرٌ وَأَنَّ اللَّهَ قَدْ أَحَاطَ بِكُلِّ شَىْءٍ عِلْمَا ]

(12. It is Allah Who has created seven heavens and of the earth the like thereof. His command descends between them, that you may know that Allah has power over all things, and that Allah surrounds all things with (His) knowledge.)

Allah’s Perfect Power

Allah the Exalted asserts His perfect power and infinite greatness, so that the great religion that He has legislated is honored and implemented,

[اللَّهُ الَّذِى خَلَقَ سَبْعَ سَمَـوَتٍ]

(It is Allah Who has created seven heavens) Allah said in similar Ayat, like what Prophet Nuh said to his people,

[أَلَمْ تَرَوْاْ كَيْفَ خَلَقَ اللَّهُ سَبْعَ سَمَـوَتٍ طِبَاقاً ]

(See you not how Allah has created the seven heavens one above another) (71:15), and,

[تُسَبِّحُ لَهُ السَّمَـوَتُ السَّبْعُ وَالاٌّرْضُ وَمَن فِيهِنَّ]

(The seven heavens and the earth and all that is therein, glorify him.) (17:44) Allah’s statement,

[وَمِنَ الاٌّرْضِ مِثْلَهُنَّ]

(and of the earth the like thereof.) means, He created seven earths. In the Two Sahihs, there is a Hadith that states,

«مَنْ ظَلَمَ قِيدَ شِبْرٍ مِنَ الْأَرْضِ طُوِّقَهُ مِنْ سَبْعِ أَرَضِين»

(Whoever usurps the land of somebody unjustly, even if it was a mere hand span, then his neck will be encircled with it down to the seven earths.) And in Sahih Al-Bukhari the wording is:

«خُسِفَ بِهِ إِلَى سَبْعِ أَرَضِين»

(…he will sink down to the seven earths.) In the beginning of my book, Al-Bidayah wan-Nihayah, I mentioned the various narrations for this Hadith when I narrated the story of the creation of the earth. All the thanks and praise is due to Allah. Those who explained this Hadith to mean the seven continents have brought an implausible explanation that contradicts the letter of the Qur’an and the Hadith without having proof. This is the end of the Tafsir of Surat At-Talaq, all the thanks and praise is due to Allah.

The Supplication of a Menstruating Woman : Ibn Baaz

By Imaam ’Abdullaah Ibn ’Abdul ’Azeez Ibn Baaz

Question:

Is it permissible for a menstruating woman to recite the du’aa’s of the Day of ‘Arafaah despite the fact that they include aayaat from the Qur’aan?

Answer:

There is nothing wrong with the woman who is menstruating or bleeding after childbirth reciting du’aa’s that are prescribed for the rituals of Hajj. Also, according to the correct opinion, there is nothing wrong with them reading Qur’aan as well, because there is no clear saheeh report that states that the woman who is menstruating or bleeding after childbirth should not read Qur’aan. It was reported that the man who is junub (in a state of impurity following sexual activity), in particular, should not read Qur’aan whilst he is junub, because of the hadeeth of ‘Ali (may Allaah be pleased with him). With regard to the woman who is menstruating or bleeding after childbirth there is the hadeeth of Ibn ‘Umar: “The menstruating woman and the man who is junub should not read Qur’aan” – but it is da’eef (weak), because the hadeeth was reported by Ismaa’eel ibn ‘Ayyaash from the Hijaaziyeen, and he is da’eef in his reports from them. But she should read without touching the Mus-haf (copy of the Qur’aan in Arabic), from memory. In the case of the man who is junub, he should not recite Qur’an at all, either from memory or from the Mus-haf, until he has done ghusl. The difference between them is that the timespan for the one who is junub is very short, he can do ghusl straightaway, as soon as he finished having intercourse with his wife. He is not junub for long, and it is up to him when he wants to do ghusl; if he cannot find water, he can do tayammum (“dry ablution” using dust etc.) and pray and read Qur’aan. But the woman who is menstruating or bleeding after childbirth has no control over her situation – it rests with Allaah, may He be glorified. The period lasts for a number of days and nifaas (post-natal bleeding) is the same. So it is permissible for them to recite Qur’aan so that they do not forget it and so that they do not miss out on the blessings of reciting Qur’aan and learning the rules of sharee’ah from the Book of Allaah. If that is the case, then it should certainly be permissible for them to read books containing du’aas that are a mixture of aayaat and ahaadeeth, etc… this is the more correct of the two opinions of the scholars, may Allaah have mercy on them. [1]

Question:

I read some Tafseers (Qur’anic commentaries) when I am not taahir (ritually pure), such as during my monthly period. Is there any sin on me for doing that? Will I be committing a sin if I do that?

Answer:

There is no sin on the woman who is menstruating or bleeding after childbirth if she reads books of Tafseer or even if she reads Qur’aan without touching the Mus-haf, according to the more correct of the two scholarly opinions. As for the man who is junub, he should not read Qur’aan at all until he has done ghusl, but he can read books of Tafseer and hadeeth etc., without reading whatever they contain of aayaat, because of the report that nothing would stop the Prophet (peace and blessings of Allaah be upon him) from reading Qur’aan except janaabah (being junub). According to a hadeeth narrated by Imaam Ahmad with a jayyid isnaad, he said: “As for the man who is junub, he should not read even one aayah.” [2]

Footnotes:

[1] Fataawaa Islaamiyyah (1/239)
[2] Fataawaa Islaamiyyah (1/239).

The Regulations of Khul‘: Dissolution of Marriage : Shaykh Fawzan

Author:Shaykh Saalih bin Fawzan bin ‘Abdullah al-Fawzan
Source:His Book Al-Mulakhas al-Fiqhee: vol. 2, pg. 381-385
Produced by:al-manhaj.com

Al-Khul‘ is the separation of a husband from his wife, while receiving a return (of monetary gain from her) and using specific statements (to bring about the dissolution of the marriage).

Al-Khul‘ (literally removal or shedding off) was termed with this (descriptive named) because the woman in essence seeks to remove herself from her husband as she would remove or shed off a garment since spouses are the garments of one another.

Allaah, the Most High says (what means): “It is made lawful for you to have sexual relations with your wives on the night of fasting. They are a Lîbaas (i.e. body cover) for you and you are a Libaas for them.” [Surah Al-Baqarah: 187]

It is commonly held that marriage is what binds the spouses together and cultivates a relationship built upon Ma‘roof (righteousness in all of its forms). Stemming from this relationship a family takes form and a new generation is produced.

Allaah the Most High says: “And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” [Surah Ar-Room: 21]

When this (relationship) is not attained in the marriage – affection and repose is not achieved for one or both of the spouses’ and the situation is foreboding with little chance of reconcilement then the husband is ordered to release her in kindness.

Allaah the Most High says: “…either you retain her on reasonable terms or release her with kindness.” [Surah Al-Baqarah: 229]

“But if they separate (by divorce), Allaah will provide abundance for every one of them from His Bounty. And Allaah is Ever All­ Sufficient for His creatures’ need, All­ Wise.” [Surah An-Nisaa: 130]

But if the husband finds repose and comfort, but the wife does not find the same in him as a result of her disliking his traits, physical appearance, deficiency of religion or she fears that she would displease Allaah by not fulfilling his (husband’s) rights and needs; then in this case she may request a separation and dissolution from him while extending to him an offer of monetary gain so as to liberate herself from him.

Allaah the Most High says: “…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Al-Khul’).” [Surah Al-Baqarah: 229]

This means:

That if the husband or the wife know that they will not fulfill the ordainments of Allaah towards each other if they remain in union, leading to the transgression of the husband on the woman, causing her to disobey him (refuse his cohabitation), then there should be no harm in the woman liberating herself from him by appeasing him financially (to gain discharge). There is also no harm in the husband accepting the remuneration and then letting her go.

The Ruling of al-Khul‘:

The woman can free herself from her husband completely in a just process that is beneficial to both parities. The husband is to cooperate with her in this regard. If he loves her then it is preferred for her to remain with him and have Sabr and not seek to separate.

Khul‘ is Mubaah (permitted) when the proper reasons – alluded to in the previous verses are found. These reasons include both parties fearing that if they remain in union that they will not fulfill the ordainments of Allaah towards each other. (On the other hand) it is Makrooh (disliked) and in the opinion of some scholars it is Haraam (prohibited) to seek Khul‘ without due cause. To this effect, Allaah’s Messenger (Sallallaahu ‘alaihi wa Sallam) said:

“Any woman who asks her husband for a divorce (khul‘) without due cause, then the scent of Paradise is Haraam for her (i.e. she will not smell it).”

[Reported by the five except an-Nasaa’ee] [1]

Shaikh Taqee-ud-Deen (Ibn Taimiyyah) said: “The Khul‘ which is in accordance to the Sunnah is that the woman has an abhorrence to the man (her spouse). She ransoms herself from him in the same way a captive is ransomed.” [2]

If the husband hates her but retains her hoping that she will seek to ransom herself (in so doing producing a profit for himself) then he is Dhaalim (Oppressive and tyrannical). Any monetary gain he receives is thus Haraam and the Khul‘ is invalid (i.e. he is to divorce her and not do Khul‘). Allaah, the Most High says:

“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them…” [Surah An-Nisaa: 19]

This means that no harm should be inflicted while living together so as to compel her to give back the dowry or not ask for a marital right that she is due by her husband unless it is a censure from the husband to a woman who has fornicated and he seeks to take back what he had graced her with. This instance is sanctioned by Allaah. Allaah says:

“O you who believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse.” [Surah An-Nisaa: 19]

Ibn ‘Abbaas (raa) said explaining this verse:

“This verse pertains to a man who has a woman whom he hates to be in companionship with but he owes her payment of her dowry. So he harms her so that she will relinquish seeking the dowry from him so as to free herself from him. Allaah has prohibited this action when He said: ‘…unless they commit open illegal sexual intercourse.’ Zinaa (adultery) is what is implied. In this instance the husband can take back what he had given her as dowry. He is to compel her to relinquish all the dowry he gave to her and then grant her the Khul‘.”

The Evidence for the Permissibility of al-Khul‘:

The evidence for the permissibility of al-Khul’, when there is a valid cause for it, can be found in the Qur’aan and Sunnah and the Ijmaa‘ (consensus of the scholars):

As for the Qur’aan, we find evidence in the previously mentioned verse wherein Allaah says:
“…except when both parties fear that they would be unable to keep the limits ordained by Allaah (i.e. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her (to achieve Khul’).” [Surah Al-Baqarah: 229]

As for the Sunnah, then we find in the authentic narrations:
Narrated Ibn ‘Abbas (raa): The wife of Thaabit bin Qais came to the Prophet and said, “O Allaah’s Apostle! I do not blame Thaabit for defects in his character or his religion, but I, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him).” On that Allaah’s Apostle said (to her): “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet said to Thaabit, “O Thaabit! Accept your garden, and divorce her once.” [Al-Bukharee] [3]

As for Ijmaa’, then we note that Ibn ‘Abdul-Barr (rahimahullaah) stated: “We do not know of anyone who disagreed (on the validity of Khul‘) except al-Muznee – he is the only one who has stated that the verse [Al-Baqarah: 229] was abrogated by: ‘But if you intend to replace a wife by another and you have given one of them a Qintar (of gold i.e. a great amount) as Mahr, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?’ [Surah An-Nisaa: 20]”

The following Shuroot (prerequisites) must exist to ensure the validity of al-Khul‘:

1. A valid (legally acceptable) remuneration must be extended

2. The remuneration must be to the spouse who can (is the one to) agree to the separation

3. The husband is not allowed to treat the woman harshly – except where deemed proper – so as to force her to pay him

4. The separation is to be stated with the expressed articulation of Khul‘. To use the statement of Talaaq or that which is known to be a statement of Talaaq with the intention of Talaaq is to be counted as Talaaq (and not a khul‘), which eliminates the man’s power to reclaim her as his wife. He may remarry her with a new ‘Aqd (marital contract and Dowry) even if she has not taken a husband other than him as long as he has not pronounced Talaaq thrice upon her

5. If the man pronounces the separation with the statement as that of Khul‘ or Faskh (dissolution) or ransom (yourself from me) – and does not intend divorce then it is a dissolution of marriage that is not incorporated in the Talaaq count. This is reported from Ibn ‘Abbaas. His proof was from the following verses.

Allaah the Most High says: “The divorce is twice…” [Surah Al-Baqarah: 229]

Then later on Allaah said: “And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband.” [Surah Al-Baqarah: 230]

So notice Allaah mentioned two divorce pronouncements, then mentioned the Khul‘ then mentioned another divorce pronouncement. Therefore we assess that Khul‘ does not count as a Talaaq pronouncement or else the count would be four (exceeding the limit of three).

Footnotes:

[1] Reported from Thawbaan by Abu Dawood (2226), at-Tirmidhee (1190) and Ibn Maajah (2055).

[2] Majmoo‘ al-Fataawaa (32/282)

[3] Reported by Al-Bukhaaree from Ibn ‘Abbaas [(Arab) vol. 9, pg. 389, no. 5273 and ( Eng. ) vol. 7, no. 197]

The Hadeeth of the Eleven Women : Sahih Muslim

Muslim narrated the following hadith:

Isnad: Suleiman bin ‘Abdir Rahman and ‘Ali bin Hujr » ‘Ibsai bin Bunus » Hisham bin ‘Urwa » ‘Abd Allaah bin ‘Urwah » ‘Urwah

Narrated ‘Aisha (radi Allaahu ‘anha):

Eleven women sat (at a place) and promised and contracted that they would not conceal anything of the news of their husbands.

The first one said, “My husband is like the meat of a lean weak camel which is kept on the top of a mountain which is neither easy to climb, nor is the meat fat, so that one might put up with the trouble of fetching it.”

The second one said, “I shall not relate my husband’s news, for I fear that I may not be able to finish his story, for if I describe him, I will mention all his defects and bad traits.”

The third one said, “My husband is a tall man; if I describe him (and he hears of that) he will divorce me, and if I keep quiet, he will neither divorce me nor treat me as a wife.”

The fourth one said, “My husband is a moderate person like the night of Tihama which is neither hot nor cold. I am neither afraid of him, nor am I discontented with him.”

The fifth one said, “My husband, when entering (the house) is a leopard, and when going out, is a lion. He does not ask about whatever is in the house.”

The sixth one said, “If my husband eats. he eats too much (leaving the dishes empty), and if he drinks he leaves nothing, and if he sleeps he sleeps alone (away from me) covered in garments and does not stretch his hands here and there so as to know how I fare (get along).”

The seventh one said, “My husband is a wrong-doer or weak and foolish. All the defects are present in him. He may injure your head or your body or may do both.”

The eighth one said, “My husband is soft to touch like a rabbit and smells like a Zar’nab (a kind of good smelling grass).”

The ninth one said, “My husband is a tall generous man wearing a long strap for carrying his sword. His ashes are Aboondant and his house is near to the people who would easily consult him.”

The tenth one said, “My husband is Maalik, and what is Maalik? Maalik is greater than whatever I say about him. (He is beyond and above all praises which can come to my mind). Most of his camels are kept at home (ready to be slaughtered for the guests) and only a few are taken to the pastures. When the camels hear the sound of the lute (or the tambourine) they realize that they are going to be slaughtered for the guests.”

The eleventh one said, “My husband is Aboo Zar’ and what is Aboo Zar’ (i.e., what should I say about him)? He has given me many ornaments and my ears are heavily loaded with them and my arms have become fat (i.e., I have become fat). And he has pleased me, and I have become so happy that I feel proud of myself. He found me with my family who were mere owners of sheep and living in poverty, and brought me to a respected family having horses and camels and threshing and purifying grain . Whatever I say, he does not rebuke or insult me. When I sleep, I sleep till late in the morning, and when I drink water (or milk), I drink my fill. The mother of Aboo Zar’ and what may one say in praise of the mother of Aboo Zar’? Her saddle bags were always full of provision and her house was spacious. As for the son of Aboo Zar’, what may one say of the son of Aboo Zar’? His bed is as narrow as an unsheathed sword and an arm of a kid (of four months) satisfies his hunger. As for the daughter of Aboo Zar’, she is obedient to her father and to her mother. She has a fat well-built body and that arouses the jealousy of her husband’s other wife. As for the (maid) slave girl of Aboo Zar’, what may one say of the (maid) slave girl of Aboo Zar’? She does not uncover our secrets but keeps them, and does not waste our provisions and does not leave the rubbish scattered everywhere in our house.” The eleventh lady added, “One day it so happened that Aboo Zar’ went out at the time when the milk was being milked from the animals, and he saw a woman who had two sons like two leopards playing with her two breasts. (On seeing her) he divorced me and married her. Thereafter I married a noble man who used to ride a fast tireless horse and keep a spear in his hand. He gave me many things, and also a pair of every kind of livestock and said, ‘Eat (of this), O Um Zar’, and give provision to your relatives.” She added, “Yet, all those things which my second husband gave me could not fill the smallest utensil of Aboo Zar’s.” ‘Aisha then said: Allaah’s Apostle said to me, “I am to you as Aboo Zar’ was to his wife Um Zar’.”

May Allaah grant the believing women the thorough reflection upon this Hadeeth…Ameen!