Mawlid: Revival of the Islamic Nation

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What is the ruling of Islamic Law on a fictitious marriage for the purpose of obtaining citizenship?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

There is no such thing in our noble sharīʿah as a "nominal" or "fictitious" marriage or divorce. Marriage and divorce are among the sacred ordinances of Allah, and it is not permissible to manipulate them or use them as a stratagem to obtain worldly gains.

The foundational purpose of a marriage contract is the permanence and continuity of the relationship between the spouses — to establish a family, and to bring forth righteous offspring. So sacred is this bond that Allah the Almighty Himself described it as a solemn covenant (mīthāq ghalīẓ), saying {what means}: "And if you wish to replace one wife with another and you have given one of them a great amount of wealth, do not take any of it back. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?" [Al-Nisāʾ/ 20–21]

Accordingly, it is not permissible to resort to manipulation and deception in contracts that Allah, Mighty and Majestic, has described as a "solemn covenant" — all for the sake of material and worldly benefit. Marriage is built upon permanence and does not admit of a fixed time limit. If a time limit is stipulated in the contract, the contract is rendered invalid by the consensus of the jurists. Similarly, marriage is impermissible when there exists a mutual, concealed intention to limit its duration — even if no time limit is explicitly mentioned in the contract — for this constitutes a form of unlawful circumvention of the sharīʿah. This is to say nothing of the lying and deception that such conduct involves, the prohibition of which needs no elaboration. Lying, deception, and fraud for the purpose of obtaining worldly gains are among the gravest of sins.

If, however, the marriage contract is first concluded in a valid sharʿī manner and then registered civilly, it is sound and fully valid. And Allah the Almighty knows best.

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.

Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

If the sun sets on the final day of Tashriq (the 13th of Dhu al-Hijjah) and the Udhiyah (sacrificial animal) has not yet been slaughtered, its designated time has expired. Should a person slaughter it after this point, it will not be counted as an Udhiyah.

However, if the sacrifice was a vowed one (Mandhurah), they are strictly obligated to slaughter it as a makeup act (Qada’), and its meat must be distributed entirely according to the rules governing vowed sacrifices.

It is stated in Bushra al-Karim (p. 702): "If one slaughters after sunset on the final day [of Tashriq]... it does not count as an Udhiyah, unless it was a vowed sacrifice, in which case it is fulfilled as a makeup act (Qada’)." And Allah the Almighty Knows Best.

Is it permissible to delay the ritual purification (ghusl) from major impurity (janabah) until after dawn?

Yes, it is permissible to delay ghusl from janabah until after dawn, as purity from janabah is not a condition for the validity of fasting. However, one must perform ghusl in time to pray Fajr within its designated time.

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Mawlid: Revival of the Islamic Nation

Author : An Article by His Grace Dr. Mohammad Al-Khalayleh

Date Added : 19-11-2018

Mawlid: Revival of the Islamic Nation

Upon the arrival of the month of Rabi Al-Awwal, Prophet Mohammad`s birth anniversary (Mawlid) arouses overwhelming emotions in the hearts of all Muslims reminding them of a history, a present reality and a future.

That history started before the Prophet (PBUH) was even born in the Arabian Peninsula. He (PBUH) is a descendent of the Prophet Ismail (PBUH) from Bani Kinana, from Quraish, from Bani Hashim; the best of the best and the noblest of tribes in respect to lineage.

While the Arabian Peninsula was preoccupied with tribal warfare, the Persians and the Romans were in the vanguard of civilizational procession; followed by the Greeks and the Indians. Those civilizations had their share of scientific, cultural and philosophical products that had a significant impact on the making of a full-fledged human civilization.

The Prophet (PBUH) was born on the 12th of Rabi al-Awwal, in the 'Year of the Elephant'. Upon his delivery, his Mother Aminah saw a light that illuminated what`s between the east and the west. A light that had later infiltrated the illiterate nation of the Arabian Peninsula: a light of knowledge, civilization, mercy, good morality and justice. The first verse revealed to the Prophet (PBUH) was (What means): "Read! In the Name of your Lord, Who has created (all that exists)?" It gave life to the illiterate nation as well as the Arabian Peninsula announcing a turning point from illiteracy to knowledge, civilization, urbanization, good conduct and universal values. The Islamic civilization was so advanced that it overshined that of the Persians, Romans, Greeks and the Indians. It has established the general principles of human civilization, and liberated human beings from the yoke of slavery and despotism. This is reflected in the words of the Caliph Omar Bin Al-Khattab (May Allah Be Pleased with Him) that states: "Since when did you enslave the people though they were born from their mothers in freedom?"

Islam has also created a system for the family, and established, for humanity, the principles of fraternity, religious tolerance, equity and equality.

The contributions of the Islamic nation in the fields of science, arts, literature and philosophy have enriched the human civilization, and this was even recognized by non-Muslims. For example, The German historian Siegrid Honke wrote the book "The Sun of the Arabs Shines over the West." Will Durant has also written the book "The Story of Civilization."

In his book, "Arabs Civilization," Gustave Le Bon said: "If we take a closer look at the Arab and Muslim civilization, scientific books, inventions and arts, we arrive at the conclusion that they have the credit for the spread of knowledge in the middle ages. For over than five centuries, they were the sole source of scientific knowledge for the west. They have even civilized Europe materially, intellectually and morally, in addition to taking the lead in the field of artistic creativity."

The Islamic civilization, whose foundations were set by non-other than Prophet Mohammad (PBUH), has addressed the various intellectual, psychological, spiritual, physical and material needs of humanity.

His call to Allah was founded on the achievements of the elite Muslim scholars in different fields, such as Al-Khawarizmi, Ibn Al-Haytham, Al-Idrisi, Al-Rāzī , Ibn Sina… and many others; where the Europeans have utilized the latter`s achievements in building their own civilization.

The orientalist George Sarton in his book: "Introduction to the History of Science", also recognized their distinguished accomplishments. He said: "The greater portions of the tasks of the human intellect were shouldered by the Muslims: Al-Farabi is the greatest of philosophers, Al-Masoodi is the greatest of Geographers and Al-Tabari is the greatest of historians."

Yes, on this occasion we remember a past glory of the Arabs and the Muslims and feel a sense of superiority, dignity and pride. However, a quick overview of our current situation would make us feel disappointed. At present, Muslims and Arabs are living a bitter reality as division, weakness and intra-conflicts dominate them. They have become in the rear of human civilization although they are the nation of (Read) and the seal of Messengers and Prophets.

In light of this harsh reality, we remember the beautiful attributes of our beloved Prophet (PBUH), and his tremendous efforts in elevating and uniting the Islamic nation. He (PBUH) said, "I have left two matters with you. As long as you hold to them, you will not go the wrong way. They are the Book of Allah and the Sunna of His Prophet."

No matter what the case may be, The Book of Allah and the Sunna of His Prophet (PBUH) are the one and only solution for all our problems and suffice to raise our morale. Allah, The Almighty, Said (What means): "And hold fast, all together, by the rope which God (stretches out for you), and be not divided among yourselves" [Al-Imran/103]. In addition, the Prophet (PBUH) said: "and seek help from Allah and do not lose heart." [Moslim]. Besides, Allah, The Almighty Said (What means): "Such days (of varying fortunes) We give to men and men by turns" [Al-Imran/140] and He Said (What means): "When will that be?" Say, "May be it will be quite soon!" [Al-Isra/`51].

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Summarized Fatawaa

I wish to purchase an online account (a gaming account), and its ownership will be transferred to me. However, my friend will purchase it on my behalf, and I will repay him in deferred installments with an added profit margin to account for the installment sale. What is the ruling of Islamic Law on this transaction?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The ruling on selling electronic games depends on the ruling of the game itself: if the game is permissible, then selling it is likewise permissible. However, if the game contains Sharia violations that render playing it impermissible, then selling it in that case is neither valid nor permissible. Therefore, we advise the necessity of reviewing the Sharia guidelines for electronic games set forth in Fatwa No. (3369).

Accordingly, if the game is permissible, a person may purchase it, take legal possession of it, and subsequently sell it in deferred installments for a price higher than its purchase price. The General Iftaa' Department has permitted dealing through Murabaha, while emphasizing the necessity of observing the Sharia conditions required for this transaction; please refer to Fatwa No. (2861). And Allah Almighty knows best.

What is the ruling on someone who possesses gold with the intention of saving/hoarding it, and owns nothing else — is he obligated to sell a portion of it in order to pay the zakāh due on it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

Zakāh becomes immediately obligatory on cash, and likewise on gold — that which is not designated for a woman's personal adornment— once both reach the niṣāb (minimum threshold liable for zakah) and a full ḥawl (lunar year) has passed over them. It is not permissible to delay payment when it is genuinely possible to pay — meaning, when the wealth and the eligible recipients are both available. It is stated in Mughnī al-Muḥtāj (Vol.2/p.129): "Zakāh is obligatory immediately once it becomes feasible to pay it, meaning when the wealth and the eligible recipients are both present."

The one paying zakāh must discharge the obligatory zakāh due on saved (hoarded) gold either from the gold itself, or from its equivalent monetary value, in the event that no other funds are available — since paying from the gold itself is the original default (al-aṣl). It becomes permissible to pay from other funds instead only because zakāh is built upon the principle of ease and leniency, as stated in Asnā al-Maṭālib (Vol.1/p.366): "When a full ḥawl has elapsed on wealth other than trade goods... zakāh attaches to the actual asset itself (al-‘ayn), and the poor effectively become partners in it — even, for example, [becoming partners] in camels through the value of a sheep [owed as zakāh on them]... Paying from other wealth is permitted only because zakāh is built upon the principle of ease and leniency."

Accordingly: the one paying zakāh must discharge it either from the actual saved gold itself, or by selling a portion of the gold equal to the amount of zakāh owed. He may also borrow money to pay the zakāh, or pay the zakāh in installments before the ḥawl is complete [as an advance payment]. And Allah, the Exalted, knows best.

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

What is the ruling on performing the Duha (forenoon) prayer before its time has begun, because I go to school early in the morning?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

The Duha (forenoon) prayer is not valid if performed before its time has begun. Its time starts when the sun has risen to a noticeable height, that is, approximately fifteen minutes after sunrise, and it ends when the sun reaches its zenith (zawāl), shortly before the Dhuhr (noon) prayer. It is stated in Mughni al-Muhtaj (Vol.1/p.455): “Its time is from the rising of the sun [to a spear’s height] until the zenith.”

Accordingly, the Duha prayer is not valid if offered before the sun has risen, and its time remains open until just before Dhuhr. It may be performed at any time at school, during the break between classes or during recess. And Allah Almighty knows best.