Forbearance is the Basis for Dealing with Allah`s Creation

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Iftaa' Department
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The Fatwa Department of the Hashemite Kingdom of Jordan was founded in 1921. Since its formation, it has relied upon Hanafi fatwas which were in use during the Ottoman era, and the Mufti has answered the questions of members of the public, whether they relate to worship or financial transactions or personal statutes, and it has assigned a mufti to each judge in cities both large and small. The judge seeks the mufti's assistance in solving social problems, just as the mufti refers to the judge matters which are not within the mufti's jurisdiction and which require evidence and witnesses....
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Summarized Fatawaa

Although engaged to be married, a man committed adultery with another woman. What is the ruling of Sharia on this?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

There is no sin on the woman to whom this man is engaged; however, he is considered a cheater and must receive the punishment prescribed in Sharia. And Allah The Almighty Knows Best.

After a month and a half from the end of postpartum bleeding, my wife occasionally finds a small amount of blood, and she is breastfeeding. What is this blood, and should she fast and pray when she experiences it?

This is postpartum bleeding, so she should not fast or pray until she sees the signs of purity, unless it exceeds sixty days, as the maximum duration for postpartum bleeding is sixty days, and the majority of women experience forty days. If it exceeds sixty days, it is considered irregular bleeding (Istihada). It would be advisable to consult a doctor after the sixty days. And Allah Knows Best.

I have a question regarding the deferred portion of the dowry (Mahr)*. Is the wife entitled to it only upon divorce or she can claim it even if divorce hasn`t taken place? Moreover, does she have the right to claim this portion after death of husband, even if he didn`t divorce her before that?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.

In the marriage contract, it is recorded that the deferred portion of the dowry is due upon divorce or death, whatever comes first. If divorce took place first then the woman is entitled to it and if the husband died this amount must be paid from his estate. On the other hand, if the woman died then the husband becomes liable for this portion and it becomes part of the woman`s estate. We advise every husband to give this portion to his wife while alive because it is a right of hers. And Allah The Almighty Knows Best.

* In Islam, a Mahr is the obligation, in the form of money or possessions paid by the groom, to the bride at the time of Islamic marriage (payment also has circumstances on when and how to pay). While the mahr is often money, it can also be anything agreed upon by the bride such as jewelry, home goods, furniture, a dwelling or some land. Mahr is typically specified in the marriage contract signed upon marriage.

1- A young man whose father and grandfather are dead. Unfortuntly, he passedaway leaving a mother, two sisters and a brother. Do his paternal uncles inherit him? 2- A man died leaving daughters, a wife, brothers, a mother or no mother. It is well known that the daughters inherit two thirds and the wife one eighth. To whom does the rest of the estate go and what is the evidence on that from the texts of Sharia?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.

1- The full brother or the paternal half-sibling disinherits the paternal uncles. The paternal half-sibling takes one sixth and because they are from the Asabah (Male relatives on the father`s side) of the deceased they take the rest of the estate. The proof of this is that Ibn ‘Abbas (May Allah Be Pleased with them) reported God’s Messenger (PBUH) as saying: "Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir." [Agreed upon]. In this case, nothing is left to them.

2- The brothers take the rest of the deceased`s estate and the full brother disinherits the paternal half-sibling, and the proof of this is the aforementioned narration. And Allah The Almighty Knows Best.

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Forbearance is the Basis for Dealing with Allah`s Creation

Author : Dr. Hassan Abu_Arqoub

Date Added : 04-01-2021

Forbearance is the Basis for Dealing with Allah`s Creation

A group of people thinks that sternness, mercilessness, anger and violence embody strength or manhood and they give a person control over different situations, however, this is incorrect. In principle, forbearance, leniency and kindness are the basis for dealing with others and they bring hearts and minds together. Allah The Almighty Says (What means): "It is part of the Mercy of Allah that thou dost deal gently with them Wert thou severe or harsh-hearted, they would have broken away from about thee: so pass over (their faults), and ask for (Allah's) forgiveness for them; and consult them in affairs (of moment). Then, when thou hast taken a decision put thy trust in Allah. For Allah loves those who put their trust (in Him)." [Al-Imran/159]. Thus, kindness, leniency and forbearance pass on to the next generations and love bears the fruit of righteousness, which is the golden key for the hearts of all people.

Therefore, in several narrations, Prophet (PBUH) urged Muslims to observe forbearance and kindness when dealing with others. This is in order for a Muslim to have self-control and become a successful role model in his relations with others: in-laws, children, neighbors, and colleagues…etcetera. 'Aisha (May Allah be pleased with her) reported: The Prophet (PBUH) said: "Whenever forbearance is added to something, it adorns it; and whenever it is withdrawn from something, it leaves it defective." [Moslim].

Moreover, 'Aisha (May Allah Be Pleased with her), the wife of Allah's Apostle (PBUH), reported that Allah's Messenger (PBUH) said: "'Aisha, verily Allah is Kind and He loves kindness and confers upon kindness which he does not confer upon severity and does not confer upon anything else besides it (kindness)." [Moslim].

In addition, Jarir b. 'Abdullah (May Allah Be Pleased with him) reported Allah's Apostle (PBUH) as saying:

"He who is deprived of tenderly feelings is in fact deprived of good and he who is deprived of tenderly feelings is in fact deprived of good." [Moslim].

Since violence usually stems from anger, our Prophet (PBUH) forbade it and commanded us not to get angry. He (PBUH) said: "On the authority of Abu Hurayrah (may Allah be pleased with him): A man said to the Prophet (peace and blessings of Allah be upon him): "Counsel me, so he (peace and blessings of Allah be upon him) said: "Do not become angry." The man repeated [his request for counsel] several times, and [each time] he (peace and blessings of Allah be upon him) said: "Do not become angry." [Al-Bukhari].

Furthermore, Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said: "The strong man is not the one who wrestles, but the strong man is in fact the one who controls himself in a fit of rage." [Al-Bukhari].

Kindness, leniency and forbearance are the bricks of healthy human relationships and each Muslim should maintain his different relations according to this scale. And Allah is the One Who Bestows all that is good.

هذا المقال يعبر عن رأي كاتبه، ولا يعبر بالضرورة عن رأي دائرة الإفتاء العام

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Summarized Fatawaa

What is the ruling on taking a loan from an interest-based bank (a usurious bank) to buy an apartment for housing, noting that I am renting at a high amount relative to my income, and I am an employee? Also, considering that the conditions of Islamic banks are strict, and I cannot obtain the full amount from them, is it permissible to take a loan to purchase an apartment or not? May Allah reward you.

Usury (interest) is prohibited by Islamic law, and the Messenger of Allah, peace be upon him, cursed the one who consumes usury, the one who pays it, its recorder, and its witnesses. Whoever leaves something for the sake of Allah, Allah will compensate them with something better and greater, and Allah will provide relief after hardship. Needing a place to live does not permit taking a loan with interest. And Allah Knows Best.

I joined a savings club and was scheduled to receive the payout first. My friend asked to take my place in line, so I requested 50 dinars in exchange for letting her have my turn. What is the ruling on this?

هذا لا يجوز؛ لأنه أخذ مال بدون مقابلٍ له قيمة شرعاً. والله تعالى أعلم.

This is impermissible, as it involves taking money without providing something of value in return according to Islamic law. And Allah Almighty knows best.

Is Zakah (obligatory charity) due on the items used in the trading process such as: cars , shops etc..?

No Zakah is due on equipments used in the trading process such as cars and the like.

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.