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Scary Questions about Severance of Kinship Ties
Author : Dr. Mohammad bani Taha
Date Added : 01-11-2022

Scary Questions about Severance of Kinship Ties

 

Am I banned from entering Jannah (Paradise) because I don`t maintain kinship ties? Does this apply to me? Is it true that my deeds will neither be presented before Allah nor accepted by Him? Such scary questions haunt most people, so they send them to the Iftaa` Department via social media. 

 

In fact, there is a number of motivations for posing such questions; the most important of which are:

 

First: Religiosity, thanks to Allah. This is embodied in hoping to win the pleasure of Allah in this world and the next life and fearing to be deprived from His mercy.

Second: There are many texts from the Quran and the Prophetic Sunnah warning against severance of kinship ties and harboring enmity, and that Allah won`t accept the deeds of kinship-ties severer and will deprive him/her from His mercy.

Third: Arguments and disagreements leading to enmity and severance of kinship ties.

Relieving the questioner's` fear can be achieved through assuring them that being afraid of the warning against those who harbor enmity and sever kinship ties is a sign of righteousness reflecting firm belief and closeness to Allah. This can also be done through explaining the qualities of the individual liable for this warning by interpreting the Sharia texts that dwelled on this theme. The most salient of these texts are:

- Sura 13, Verse No. (25)" But those who break the Covenant of God, after having plighted their word thereto, and cut asunder those things which God has commanded to be joined, and work mischief in the land;- on them is the curse; for them is the terrible home!."

- The Prophet (PBUH) said: "Anyone who cuts off relationship from his nearest relatives will not enter Paradise." [Agreed upon].

- The Hadith reported by Al-`Amash in [Jami` Mu`ammar Bin Rashi, vol.11/pp.174].

- Abu Huraim reported Allah's Messenger (PBUH) as saying: "The deeds of people would be presented every week on two days, viz. Monday and Thursday, and every believing servant would be granted pardon except the one in whose (heart) there is rancor against his brother and it would he said: Leave them and put them off until they are turned to reconciliation." {Transmitted by Muslim}.

 

Abu Musa al-`Ash‘ari (May Allah Be Pleased with him) reported God’s Messenger as saying: "God most high looks down on the middle night of Sha'ban and forgives all His creatures, except a polytheist or one who is hostile." [Ibn Majah, vol.1/pp.44].

 

After careful consideration of these texts and scholars` commentaries on them, it is made clear that the one deserving the above-mentioned warning must meet the following conditions:

 

1- Deeming severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful. The eminent scholar Al-Khastalani said: "The person referred to in this regard is the one who deems severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful." [Shareh Al-Khastalani].

 

2- Severance of kinship ties for a worldly interest. However, doing so out of enjoining kindness and forbidding iniquity to please Allah and be admitted into Jannah excludes such person from this warning. However, this is provided that the rules of enjoying kindness and forbidding iniquity are observed. Of course, this should be done with wisdom and fair preaching.

 

3- Maintaining kinship ties doesn`t result in moral or material harm. It was narrated from Hudhaifah, that The Messenger of Allah (PBUH) said: "It is not for the believer to humiliate himself." They said: "How does he humiliate himself?" He said: "By taking on a trial which he can not bear." [Sunn At-Tirmithi, vol.4/pp.523].

 

4- Transgressing against near relatives, harboring hatred and enmity towards them, intending every evil for them, and depriving them from any benefit in this life and the next. However, the one who means them no harm and keeps kinship ties at the minimum, for example greeting with Asalamu Alikum, is relieved from the above-mentioned warning. Commenting on Sahih Al-Bukhari, Ibn Battal cited the words of Tabari who said: "The one who keeps kinship ties at minimum, such as greeting with AsalamuAlikum, isn`t considered a severer of kinship ties. Therefore, who is the person intended by the Hadith? He said: the one who deserts near relatives, harbors enmity towards them and deprives them from any benefits in this life and the next."

 

5- Being contented with severing kinship ties and harboring enmity towards near relatives without exerting every effort possible to set the records straight and make reconciliation. However, the one who tries to bring these ties to normal and make reconciliation, even if the other party refuses, isn`t considered a severer of kinship ties. This is because he has done his part and, as well known, Allah burdens not a soul beyond its scope.

 

One should remember that the Quran and the Sunnah contain multiple texts that call for forgiving others, overlooking mistakes, and cleansing hearts from hatred and enmity. This is since The Messenger of Allah (PBUH) said: "It is not lawful for a Muslim to desert (stop talking to) his brother beyond three nights, the one turning one way and the other turning to the other way when they meet, the better of the two is one who is the first to greet the other." [Agreed upon].

 

This way, fear and despair are eliminated and a person is motivated to eliminate all causes of enmity and severance of kinship ties to keep the society united against all attempts of sowing the seeds of discord amongst its members. This achieves the intention of the Lawgiver in establishing a society in which people`s dignity, property, and blood are considered inviolable.

 

 

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Summarized Fatawaa

My husband wanted to sell a piece of land that was his own, but his father insisted that he transfer the land in his (the father’s) name so that he could sell it at a higher price. Then, my husband and his father would split the price. After my father-in-law sold the land, he denied everything and refused to acknowledge my husband’s right. My father-in-law passed away a year ago, and my husband’s brothers divided the inheritance, refusing to acknowledge that this land was a trust held by their father for my husband until it was sold. Are they sinful for knowingly denying that the land belongs to my husband, and what is the ruling on praying against them?
 
 
 
 
 

All perfect praise be to Alalh, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.
Among the rights of the deceased upon their heirs are: preparing them for burial at death, settling their debts, returning people’s rights to them, executing their will, and then dividing their estate. What was mentioned in the question falls under the rights of others, even if they are among the heirs, and the deceased is not absolved of it unless it is returned to its rightful owners. This is because Allah, Almighty, forbids consuming others' wealth/properties unjustly. However, do not give up on seeking a solution by involving righteous and well - respected individuals who may have influence over them, in the hope that Allah guides them to goodness and correctness. As for supplicating against them, the prayer of the oppressed is not rejected, even if the oppressed person is not a Muslim. And Allah knows best.
 
 
 
 
 

It was found out that a man divorced his wife for the third time in 2005, but they continued cohabiting as man and wife. However, when they realized that what they were doing was unlawful, they came the Iftaa` Department in 2009 and were told that they can`t be together. What is the position of Sharia on this couple?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Her Iddah* period starts after the third divorce. As for the continued cohabitation, it is unlawful because being ignorant about the rulings of Sharia while in Dar Al-Islam* is no valid excuse. If a baby came as the fruit of this unlawful consummation of marriage, then a judge of Sharia has the final say in this regard because lineage is a serious matter. And Allah The Almighty Knows Best.
* ʿIddah: a specified period of time that must elapse before a Muslim widow or divorcee may legitimately remarry. The Qurʾān (Sura,2/verse,228) prescribes that a menstruating woman have three monthly periods before contracting a new marriage; the required delay for a nonmenstruating woman is three lunar months.
* Dar Al-Islam: designates a territory where Muslims are free to practice their religion, though this often implies the implementation of Islamic law, whereas Dar al-Harb represents those lands ruled by non-believers

A woman has asked her husband for Khulu`, her gold, deferred portion of the dowry and furniture. Is she entitled to that, knowing that her husband doesn`t want to divorce her?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Khulu`* can`t takes place save before a judge of Sharia and he has the authority to make the suitable decision in this matter. And Allah The Almighty Knows Best.
* Khulu' is when parties agree to separate by way of consent, usually upon terms such as the wife agreeing to repay her Mahr (dowry) to the husband upon him agreeing to grant Talaq. The iddah period (waiting time after a divorce) of a woman who seeks a khula, is one menstrual cycle or one month if she is post-menopause i.e. ceased menstruating. This is to ensure she is not pregnant. This differs from when a man gives a talaq; the iddah period is three cycles or three months.

Is it permissible for a Muslim woman to marry a Christian man?

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.
It isn`t permissible for a Muslim woman to marry a Christian and such marriage, from an Islamic position, is invalid. And Allah The Almighty Knows Best.

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