What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?
All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.
"If the fidyah becomes obligatory upon a pregnant or nursing woman because she broke her fast out of fear for her child, is it obligatory from her own wealth, or from her husband's wealth?"
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
The fidyah (ransom/compensation payment for breaking the fast) is obligatory from the wife's own wealth, and is not obligatory upon the husband unless he voluntarily chooses to pay it on her behalf.
It is stated in Mughnī al-Muḥtāj (Vol.2/P.174): "If the two [the pregnant woman and the nursing mother] fear for the child alone — such as a pregnant woman fearing miscarriage, or a nursing mother fearing that her milk supply would decrease, thereby endangering the child — then both the qaḍā' (making up the missed fast) and the fidyah become obligatory upon them, to be paid from their own wealth." And Allah, the Exalted, knows best.
What is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.
What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.
It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."
This has already been explained in detail in Fatwa No.
2670 — please refer to it.
And Allah, the Exalted, knows best.
