Articles

A Message to all Muslims Regarding Justice among Children
Author : Dr Noah Ali Salman
Date Added : 30-08-2023

A Message to all Muslims Regarding Justice among Children

 

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

 

This is an advice that we remind ourselves and all our fellow Muslims of, emphasizing the importance of fearing Allah both in private and in public, and the obligation to treat people with justice and kindness. Indeed, Allah, the Most Exalted, has commanded this in His Noble Book, saying: "God commands justice, the doing of good, and liberality to kith and kin, and He forbids all shameful deeds, and injustice and rebellion: He instructs you, that ye may receive admonition." (An-Nahl, 90).

 

And He, glorified be He, informed that He loves those who treat people with equity, as He said: "and be fair; For God loves those Who are fair (and just)." ( Al-Hujurat, 9).

 

Indeed, Allah, the Almighty, has also informed that He sent messengers and revealed scriptures to establish justice on earth among people. He said: "We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that men may stand forth in justice." (Al-Hadid, 25).

 

Undoubtedly, one of the foremost matters in which justice should be observed is justice among children. There should be no distinction between one child and another in terms of financial provision, gifts, or affection. The righteous predecessors, may Allah be pleased with them, used to emphasize justice even in the smallest matters. Justice in financial matters and in matters of worship takes precedence and is obligatory.

 

An-Nu'man b. Bashir told that his father brought him to God’s Messenger and said, "I have given this son of mine a slave.” He asked whether he had given all his children the same, and when he replied that he had not, he told him to take him back. A version reports him as asking, "Would you like them to show you equal filial piety?” When he replied that he would, he said, "Don’t do it then.” In a version he said that his father gave him a gift, but' Amra daughter of Rawaha said, "I shall not be satisfied till you call God's Messenger as witness.” So he went to him and said, "I have given my son from ‘Amra daughter of Rawaha a gift and she has ordered me to call you as witness, Messenger of God.” He asked whether he had given the rest of his children the same, and when he replied that he had not, he said, "Fear God and act equally with your children.” He said that he then returned and took back his gift. A version quotes him as saying, "I shall not be a witness to oppression.” {Transmitted by Bukhari & Muslim}.

 

And it is important to understand in this regard that justice entails considering the circumstances and conditions of the children. A poor child is not like a wealthy child, and the one in need of covering educational, medical or marriage expenses is not like the one who does not require such assistance. A child who has contributed to their parents and siblings through their efforts and work is not the same as someone who has not made such contributions or had the opportunity to support their family. Similarly, an obedient and righteous child is not like a disobedient and sinful child. The jurists have stated that justice in these scenarios and others does not prevent a parent from differentiating in their gifts and expenditures among their children. However, this should not be used as an excuse to differentiate among them without reason or necessity. Allah, glorified and exalted be He, knows what is within a person, is aware of their heart, and will indeed reward each soul according to its deeds on the Day of Judgment.

 

As for the children, it is incumbent upon them to fear Allah in their dealings with their siblings and to fulfill their rights in kindness, maintaining family ties, and showing affection. Allah does not expect anything from them except sincerity, loyalty, and love towards their siblings. Moreover, they should hold their sisters in even higher regard. Allah, exalted is He, said in a divine narration while addressing family ties: "Wouldn't you like me to mend relationships with those who mend relationships with you and sever ties with those who sever ties with you?" She responded, "Certainly, O Lord!" He then said, "That is for you." {Transmitted by Bukhari & Muslim}.

 

It is an act of kindness from the children towards their siblings and a form of sincere advice towards their parents not to accept gifts or favors from their father if they perceive any injustice or unfairness in it. They should also offer advice to their father to prevent him from engaging in what Allah has forbidden. If the father insists on giving a gift to one of them, it is recommended for the recipient to share it with their siblings. Ibn Qudamah, may Allah have mercy on him, stated, "There is no difference of opinion that it is recommended for the one who is given a gift to make it equal with what his brother received. That is why Abu Bakr and Umar, may Allah be pleased with them, ordered Qais bin Sa'd to return his father's gift to equally divide it, in order to treat fairly the child born after his father's death." (Al-Mughni, Vol. 5, Page 394).

 

In this way, everyone attains the pleasure of Allah, and Allah, the Exalted, safeguards families and households from disputes and discord. Each of us will stand before our Lord with hearts devoid of resentment or animosity towards any of our relatives or fellow Muslims.

 

We beseech Allah, the Most High, to grant us and all Muslims success in what He loves and is pleased with. And Allah, the Most High, knows best.

 

 

 

 

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Summarized Fatawaa

What is the ruling on offering a sheep as a sacrifice (Udhiyah) if its fat-tail is sound, except that when it was young, the tip of its fat-tail was cut so that it would grow larger? And what is the ruling in case of doubt regarding the amount that was cut?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
Cutting a minor, insignificant portion from the tip of an animal's fat-tail (al-alyah) to encourage it to grow larger is not considered a defect, and it does not prevent the animal from being valid for sacrifice (Udhiyah).
 
It is stated in Tuhfat al-Muhtaj (Vol.9/P.352): "There is some scholarly deliberation regarding the common practice of cutting the tip of the fat-tail so that it grows larger. It could potentially be likened to a partial cut of the ear—supported by the jurists' general rule: 'even if it is a small amount.' On the other hand, if it is an exceptionally minor cut, it might have no effect on validity. This is explicitly clarified by the juristic exception to the general rule, which states that cutting a tiny piece from a large limb causes no harm. This latter view is more well-founded.
 
Furthermore, I found that some scholars investigated this matter and concluded: 'It should not affect validity if a custom-sanctioned portion of its fat-tail is removed during its youth to make it grow larger and look better, just as castrating a male animal causes no harm.' However, applying this unconditionally contradicts the established texts of the jurists, as understood from what I have laid out; thus, the restriction I specified is what must be relied upon."
 
Similarly, it is mentioned in Nihayat al-Muhtaj (8/135): "If a small piece is cut from the fat-tail to help it grow larger, the most well-founded view is that the sacrifice remains valid, as was given in a formal legal verdict (Fatwa) by my father [Shihab al-Din al-Ramli], may Allah be pleased with him. This is proven by the jurists' maxim: 'The loss of a tiny piece from a large limb causes no harm.'"
 
In cases where there is doubt as to whether the portion cut was large or small, the animal is still deemed valid for sacrifice. It is noted in Hashiyat al-Shubramallisi ‘ala Nihayat al-Muhtaj (Vol.8/P.135):
 
"This matter requires careful consideration, but the closer and more correct view is that it is valid. This is because soundness is the default state for the animal from which the piece was cut, and it aligns with what usually occurs—namely, that the part removed to help the fat-tail grow larger is naturally very small." And Allah the Almighty Knows Best.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

The imam recited a verse containing a prostration of recitation (*sajdat al-tilāwah*) but did not prostrate. After the imam's *salām*, a follower (*maʾmūm*) performed a prostration of forgetfulness (*sujūd al-sahw*) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.
If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.
It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”
Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.

What are the conditions for the validity of the slaughtering process according to Sharia?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Regarding the Sharia-mandated conditions for the validity of the slaughtering process (Adh-Dhabh), they are as follows:
 
The Identity of the Slaughterer: The person performing the slaughter must be either a Muslim or from the People of the Book (Christian or Jewish).
 
The Required Cuts: Both the trachea (windpipe/breathing passage) and the esophagus (food passage) must be completely severed.
 
Stability of Life: The animal must possess stable life at the start of the slaughtering process. This is identified by clear signs, such as vigorous movement or the forceful gushing of blood after the throat and esophagus are cut.
 
The Tool of Slaughter: The tool used must be sharp, capable of cutting or piercing by its edge and not by its sheer weight or blunt force.
 
And Allah the Almighty knows best.