Basis for Jurisprudence and Islamic Rulings: Chapter 1
General
45880: Does the ruling on driving a car vary from
one country to another?
Question:
Throughout the Muslim world we find that there
are differences between one country and another, in
manner of dress, customs and traditions. For example we see
that in some countries our sisters wear niqaab, because
they follow the fatwa that says that niqaab is obligatory,
but that is not widespread in another country, and the
opinion that they follow there is that niqaab is not obligatory,
rather it is mustahabb. Similarly with regard to women
driving cars, in some countries the shaykhs have declared it to
be haraam because of the harms that would result if it
were allowed, whilst in other countries it is a very
ordinary thing for a woman to drive a car, and they have been
doing so for decades.
To what extent is there flexibility in rulings? Is what
is happening correct, I mean is it right that something
may be obligatory in one country and mustahabb in another?.
Answer:
Praise be to Allaah.
The rulings of sharee'ah are of two types:
1 _ Those where the evidence of sharee'ah points to
the ruling, regardless of various customs or what good or
bad consequences may result.
In this case the ruling is fixed and does not vary from
one place to another or from one person to another, unless
a person is forced to do something, is sick or is excused,
in which case the ruling is waived as much as required
by his situation according to what it says in sharee'ah.
An example of such a fixed rule is the obligation to
offer the five daily prayers, to fast Ramadaan, to enjoin what
is good and forbid what is evil, to seek knowledge, etc.
Another example is the obligation for the Muslim
woman to cover her entire body, including the face and
hands. This ruling is obligatory and does not vary from one
place to another.
We have already discussed this obligation in
questions no. 21134 and 13647, where we quote the evidence
for that.
2 _ Rulings which are based on specific reasons, or
where the ruling as to whether a thing is forbidden, allowed
or obligatory depends upon whatever good or bad consequences will result from that, and where there is
no shar'i evidence to suggest a fixed ruling that does
not vary. The issue of women driving cars may come
under this heading.
The scholars have issued fatwas stating that it is
haraam because of the negative consequences that may result
from it.
This applies completely to the land of the two
Holy Sanctuaries. With regard to other countries, the
matter should be referred to trustworthy scholars for they
know their countries' situation best.
Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have
mercy on him) said:
People have spoken a great deal in the
al-Jazeerah newspaper about the issue of women driving cars. It
is well known that it leads to evil consequences which
are well known to those who promote it, such as being
alone with a non-mahram woman, unveiling, reckless
mixing with men, and committing haraam actions because
of which these things were forbidden. Islam forbids
the things that lead to haraam and regards them as
being haraam too.
Allaah commanded the wives of the Prophet and
the believing women to stay in their houses, to observe
hijab and to avoid showing their adornments to
non-mahrams because of the permissiveness that all these things
lead to, which spells doom for society. Allaah
says (interpretation of the meaning):
"And stay in your houses, and do not display
yourselves like that of the times of ignorance, and perform
AsSalaah (IqamatasSalaah), and give Zakaah and obey Allaah
and His Messenger. Allaah wishes only to remove ArRijs
(evil deeds and sins) from you, O members of the family
(of the Prophet), and to purify you with a
thorough purification"
[al-Ahzaab 33:33]
"O Prophet! Tell your wives and your daughters and
the women of the believers to draw their cloaks (veils)
all over their bodies (i.e. screen themselves completely
except the eyes or one eye to see the way). That will be
better, that they should be known (as free respectable
women) so as not to be annoyed"
[al-Ahzaab 33:59]
"And tell the believing women to lower their gaze
(from looking at forbidden things), and protect their
private parts (from illegal sexual acts) and not to show off
their adornment except only that which is apparent (like
both eyes for necessity to see the way, or outer palms of
hands or one eye or dress like veil, gloves, headcover,
apron), and to draw their veils all over Juyoobihinna (i.e.
their bodies, faces, necks and bosoms) and not to reveal
their adornment except to their husbands, or their fathers,
or their husband's fathers, or their sons, or their
husband's sons, or their brothers or their brother's sons, or
their sister's sons, or their (Muslim) women (i.e. their
sisters in Islam), or the (female) slaves whom their right
hands possess, or old male servants who lack vigour, or
small children who have no sense of feminine sex. And let
them not stamp their feet so as to reveal what they hide of
their adornment. And all of you beg Allaah to forgive you
all, O believers, that you may be successful"
[al-Noor 24:31]
And the Prophet (peace and blessings of Allaah be
upon him) said: "No man is alone with a (non-mahram)
woman but the Shaytaan is the third one present."
Islam forbids all the things that may lead to
immorality or accusations of immoral conduct made against
chaste women, who never even think of anything touching
their chastity, and it has stipulated a punishment for that
which is one of the most severe of punishments, in order
to protect society from the spread of the causes of immorality.
Women driving is one of the means that lead to that,
and this is something obvious, but ignorance of the rulings
of sharee'ah and the negative consequences of
carelessness with regard to the things that lead to evil _ as well
as diseases of the heart that prevail at present _ and love
of permissiveness and enjoying looking at
non-mahram women all lead to indulging in this and similar
things, with no knowledge and paying no attention to the
dangers that it leads to. Allaah says (interpretation of the meaning):
"Say (O Muhammad): (But) the things that my Lord
has indeed forbidden are AlFawaahish (great evil sins
and every kind of unlawful sexual intercourse)
whether committed openly or secretly, sins (of all
kinds), unrighteous oppression, joining partners (in
worship) with Allaah for which He has given no authority,
and saying things about Allaah of which you have
no knowledge"
[al-A'raaf 7:33]
"and follow not the footsteps of Shaytaan (Satan).
Verily, he is to you an open enemy"
[al-Baqarah 2:168]
And the Prophet (peace and blessings of Allaah be
upon him) said: "I am not leaving behind me any fitnah
more harmful to men than women."
It was narrated that Hudhayfah ibn al-Yamaan (may
Allaah be pleased with him) said: "The people used to ask
the Messenger of Allaah (peace and blessings of Allaah
be upon him) about good things, but I used to ask him
about bad things, fearing that I would live to see such things.
I said, `O Messenger of Allaah, we were in a state
of ignorance (jaahiliyyah) and evil, then Allaah sent us
this good (i.e., Islam). Will there be any evil after this
good?' He said, `Yes.' I said, `Will there by any good after
that evil?' He said, `Yes, but it will be tainted.' I said,
`How will it be tainted?' He said, `(There will be) some
people who will guide others in a way that is not according
to my guidance. You will approve of some of their
deeds and disapprove of others.' I said, `Will there be any
evil after that good?' He said, `Yes, there will be people
calling at the gates of Hell, and whoever responds to their
call, they will throw them into it (the Fire).' I said,
`O Messenger of Allaah, describe them to us.' He said,
`They will be from among our people, speaking our language.'
I said, `What do you command me to do if I live to
see such a thing?' He said, `Adhere to the jamaa'ah
(group, community) of the Muslims and their imaam (leader).'
I asked, `What if there is no jamaa'ah and no leader?'
He said, `Then keep away from all those groups, even if
you have to bite (eat) the roots of a tree until death
overtakes you whilst you are in that state.'" Agreed upon.
I call upon every Muslim to fear Allaah in all that he
says and does and to beware of fitnah and those who
promote it. He should keep away from all that angers Allaah
or leads to His wrath, and he should be extremely
cautious lest he be one of these callers to Hell of whom the
Prophet (peace and blessings of Allaah be upon him) tells us
in this hadeeth.
May Allaah protect us from the evil of fitnah and
its people, and protect this ummah from the evil of
those who promote bad things. May He help the writers of
our newspapers and all the Muslims to do that which
pleases Him and may He set the Muslims straight and save
them in this world and in the Hereafter, for He is Able to
do that.
Majmoo' Fataawa al-Shaykh Ibn Baaz, 3/351-353.
Shaykh Ibn `Uthaymeen was asked: I hope you can
explain the ruling on women driving cars. And what is
your opinion on the idea that women driving cars is
less dangerous than their riding with non-mahram drivers?
The answer to this question is based on two
principles which are well known among the Muslim scholars:
The first principle is: that whatever leads to haraam
is itself haraam. The evidence for this is the verse in
which Allaah says (interpretation of the meaning):
"And insult not those whom they (disbelievers)
worship besides Allaah, lest they insult Allaah wrongfully
without knowledge"
[al-An'aam 6:108]
So Allaah forbids insulting the gods of the mushrikeen
_ even though that serves an interest _ because it leads
to insults against Allaah.
The second principle is: that warding off evil _ if it
is equal to or greater than the interests concerned _
takes precedence over bringing benefits. The evidence for
that is the verse in which Allaah says (interpretation of
the meaning):
"They ask you (O Muhammad) concerning alcoholic
drink and gambling. Say: In them is a great sin, and
(some) benefits for men, but the sin of them is greater than
their benefit"
[al-Baqarah 2:219]
Allaah has forbidden alcohol and gambling even
though there is some benefit in them, so as to ward off the
evils that result from them.
Based on these two principles, the ruling on
women driving should be clear, because women driving
includes a number of evils, including the following:
1 _ Removal of hijab, because driving a car
involves uncovering the face which is the site of fitnah and
attracts the glance of men. A woman is only regarded as
beautiful or ugly on the basis of her face, i.e., if it is said that she
is beautiful or ugly, people only think in terms of her
face. If something else is meant it must be specified, so
that one would say that she has beautiful hands or
beautiful hair or beautiful feet. Hence it is known that the face
is the focal point. If someone were to say that a woman
can drive a car without taking off her hijab, by covering
her face and wearing dark glasses over her eyes, the
answer to that is that this is not what really happens when
women drive cars. Ask those who have seen them in
other countries. Even if we assume that this could be
applied initially, it would not last for long, rather the
situation would soon become as it is in other countries
where women drive. This is how things usually develop;
they start out in an acceptable fashion then they get worse.
2 _ Another evil consequence of women driving cars
is that they lose their modesty, and modesty is part of
faith as is narrated in a saheeh report from the Prophet
(peace and blessings of Allaah be upon him). Modesty is
the noble characteristic that befits the nature of women
and protects them from being exposed to fitnah. Hence it
is mentioned in a metaphorical sense (in Arabic), in
the phrase "more modest than a virgin in her seclusion."
Once a woman's modesty is lost, do not ask about her.
3 _ It also leads to women going out of the house a
great deal, but their homes are better for them _ as the
Prophet (peace and blessings of Allaah be upon him) said
_ because those who love to drive enjoy it very much,
hence you see them driving around in their cars here and
there for no purpose, except to enjoy driving.
4 _ You may find a divorced woman going where
she wants, whenever she wants and however she wants,
for whatever purpose she wants, because she is alone in
her car, at any time she wants of the day or night. She
may stay out until late at night. If people are complaining
about this with regard to young men, then what about
young women, going all over the place the length and
breadth of the country, and maybe even beyond its borders.
5 _ It is a means of women rebelling against their
families and husbands; at the least provocation they may go out
of the house and drive in the car to wherever they think
they can get some peace, as happens in the case of some
young men, who are able to put up with more than women.
6 _ It is a cause of fitnah in many places: when
stopping at the traffic lights, or at gas stations, or at
inspection points, or when stopped by policemen at the scenes
of traffic infractions or accidents, or if the car stalls and
the woman needs help. What will her situation be in this
case? Perhaps she may come across an immoral man who
takes advantage of her in return for helping her, especially
if her need is great to the point of urgency.
7 _ When women drive it leads to overcrowding in
the streets, or it deprives some young men of the
opportunity to drive cars when they are more deserving of that.
8 _ It causes fitnah to flourish because women _ by
their nature _ like to make themselves look good with
clothing etc. Do you not see how attached they are to
fashion? Every time a new fashion appears they throw away
what they have and rush to buy the new things, even if it
is worse than what they have. Do you not see the
adornments that they hang on their walls? In the same way _ or
perhaps more so _ with the cars that they drive, whenever a
new model appears they will give up the first for the new one.
With regard to the questioner asking, "And what is
your opinion on the idea that women driving cars is
less dangerous than their riding with non-mahram
drivers?" _ what I think is that both of them involve danger,
and one is more serious than the other in some ways, but
there is no necessity that would require one to do either of them.
Please note that I have answered this question at
length because of the controversy that surrounds the issue
of women driving cars, and the pressure faced by conservative Saudi society, which is striving to adhere
to its religious commitment and morals, to allow women
to drive cars.
This would be nothing strange if it were to come from
an enemy who seeks to cause harm this land which is
the last bastion of Islam that the enemies of Islam wish
to penetrate. But what is even stranger is that this is
coming from our own people who speak our language and
live under our banner, people who are dazzled by what
the kaafir nations have of material advancement and
admire their ways which are devoid of any moral restrictions.
End quote from Shaykh Ibn `Uthaymeen.
With regard to countries in which woman are allowed
to drive cars, Muslim women should avoid that as much
as possible, for the reasons mentioned above.
In cases of necessity, such as helping accident victims
or fleeing from a criminal, there is nothing wrong with
a Muslim woman using a car in such situations, if she
cannot find a man to help her.
There are other cases, such as women who have to go
out to work and have no husband, father or guardian to
look after them and no income from the government to
meet their needs, and they cannot find work that they can do
at home, such as some internet-based jobs, so they are
forced to go out. In that case they can use the means
of transportation that poses the least danger to them.
There may be some means of transportation that
are available only to women, or a group of women may
hire a driver to take them to work or university. Using
taxis_ for those who can afford it _ may be better than
using public transportation where a woman may be exposed
to humiliation and aggression, so they should use taxis,
so long as they are not alone with the driver.
If a woman is forced to drive a car in cases of
extreme need, then she should drive wearing full jilbaab and
hijab, and with fear of Allaah.
We have already mentioned above what constitutes need.
Women should also seek fatwas from the
trustworthy scholars in their own countries _ not those who are
too lenient _ who understand both sharee'ah and the
situation in that country.
And Allaah says (interpretation of the meaning):
"So keep your duty to Allaah and fear Him as much
as you can"
[al-Taghaabun 64:16]
We ask Allaah to keep us safe and sound. May
Allaah send blessings and peace upon our Prophet
Muhammad and upon his family and companions.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable 
30842: Saving system in Aramco and attitude towards
the various fatwas concerning it
Question:
We are a group of Saudi Aramco employees, and we
are worried, like any other Muslim, about the legitimacy
of the wealth we acquire. Recently we have become
very confused, to an extent which only Allaah knows.
Perhaps you know something about the savings system in
Saudi Aramco. (The company is encouraging me to save
with them by giving me a bonus when I am laid off or when
I leave the company.
The bonus is a percentage of my contribution based
on how long I have been with the company, for example:
If my total contribution is 100,000 riyals, and I have
been with the company for 10 years, my remuneration
from the company will be 100,000 riyals.
If the length of time I have been with the company is
7 years, then my remuneration will be only 70% of
100,000, which is 70,000 riyals).
What we knew previously was that this system is
haraam according to sharee'ah, based on the ruling of the
Standing Committee for Issuing Fatwas, but now we have heard
a fatwa from Shaykh `Abd-Allaah ibn Munayyi' (may Allaah preserve him), stating that this savings scheme
is permissible. This has made us confused, and we do
not know whether to follow the Committee or Shaykh
al-Munayyi', because he is specialized in the field
of economics.
Answer:
Praise be to Allaah.
Firstly:
The savings scheme used in the Aramco company is
a haraam system. It is blatant riba (usury, interest)
because it is a loan that brings a benefit. If a person pays in
100,000 riyals, to take it back after a period of ten years, or
seven, or whatever, with an added payment of 100,000 riyals,
or 70,000, or even one riyal, then he has engaged in
blatant riba, which is haraam according to scholarly consensus.
Imam Ibn Qudaamah (may Allaah have mercy on
him) said: "Every loan which is given subject to the
condition than an increased amount be paid back is haraam,
with no difference of opinion (among the scholars). Ibn
al-Mundhir said: There is consensus that if the
lender stipulates that the borrower must pay extra or give him
a gift, and the money is lent on that basis, then his
taking the extra amount is riba. It was narrated that Ubayy
ibn Ka'b, Ibn `Abbaas and Ibn Mas'ood forbade loans
that bring benefit.
Al-Mughni, 6/436.
It does not matter that the company calls this
transaction a savings plan or investment scheme or mudaarabah
(silent partnership), because every investment that
guarantees one's capital is a loan, even if people call it
something else. What counts is what a thing actually is, not what
it is called.
With regard to the kinds of investments or savings
that are acceptable in Islam, they are based on
certain conditions, the most important of which are as follows:
1 _ The money should come from you, and the labour
or work should come from the other party; there is
nothing wrong with the other party putting in money as well
as work.
2 _ The area of investment should be clearly defined,
since most of these companies invest the money by putting
it in riba-based banks, or in projects that are not permissible.
3 _ Both parties should agree on the percentage of
profits allocated to each, which should not come from the
capital, so you get 50% or 10% of the profits, for example.
4 _ The person who is doing business on your
behalf should not guarantee your capital. In the event of loss
_ so long as it is not caused by negligence _ you will
lose your capital and he will lose his labour.
If the capital is guaranteed, then this transaction is a
loan which must be paid off with no extra amount added. If
an extra amount is stipulated, then this is riba.
We ask Allaah to keep us safe from riba and its evil
and dangers, and to make us independent by means of
that which He has permitted so that we will feel no need
of that which He has forbidden.
The point is that the Aramco savings scheme is
haraam, because it guarantees the capital and because the profit
is a set percentage of the capital. So it is a loan with
interest, as well as the fact that the investor does not know
where his money will be invested.
The Standing Committee pointed out that the claim
that what is given to the employee is a reward or bonus
from the company is false, because it is only given to
those who save with this plan. If it was really a reward or
bonus it would be given to all employees.
As the questioner mentioned, the Standing
Committee for Issuing Fatwas _ under the leadership of Shaykh
`Abd al-`Azeez ibn Baaz (may Allaah have mercy on him),
with whom were Shaykh `Abd al-Razzaaq `Afeefi,
Shaykh `Abd-Allaah ibn Ghadyaan and Shaykh `Abd-Allaah
ibn Qa'ood, who are all leading scholars _ was asked
about the savings plan in the Aramco company. They replied
as follows: "Participating in the Aramco savings plan
is haraam, because it involves two types of riba
(riba al-fadl and riba al-nasa'); it defines the rate of interest,
which may be anything between five and one hundred
percent of the money that is saved by the Saudi employee,
in addition to the rewards that are given to the employee,
to the exclusion of other employees who do not invest, as
is stated in the savings plan.
Fataawa al-Lajnah al-Daa'imah, 13/510-515
Similarly Shaykh Muhammad ibn Saalih
al-`Uthaymeen and other scholars also issued fatwas stating that
the Aramco savings plan is haraam.
Secondly:
If the scholars differ with regard to a shar'i ruling,
the person who is seeking the fatwa should try to find
out which is correct by examining the evidence quoted
by both parties and following that which he thinks is
more correct. This applies if the person seeking the fatwa is
a seeker of knowledge (taalib `ilm) who is able to
determine which is more correct.
If he is not able to determine which is more
correct, because he has no specialized knowledge of
sharee'ah, then he must follow the view of the one whom he
thinks is more knowledgeable and more trustworthy; he
does not have the right to choose whichever opinion he wants.
With regard to the issue at hand, the major scholars
have clearly stated that it is haraam, and they are
more knowledgeable and more trustworthy than those who
gave a different opinion _ which is not intended to belittle
the other party _ so you have to avoid this savings plan,
for the reasons stated above.
Shaykh Muhammad ibn `Uthaymeen (may Allaah have mercy on him) was asked what the Muslim's
attitude towards scholarly differences should be, He replied:
"If the Muslim has enough knowledge to enable him
to compare the scholarly opinions and their evidence,
and to decide which is more correct, then he must do
that, because Allaah has commanded us to refer
disputed matters to the Qur'aan [Qur'an, Quran] and Sunnah, as He
says (interpretation of the meaning):
`(And) if you differ in anything amongst yourselves,
refer it to Allaah and His Messenger, if you believe in
Allaah and in the Last Day' [al-Nisa' 4:59]
So he should refer the disputed matter to the Qur'aan [Qur'an, Quran]
and Sunnah, and whatever seems to him to be more
correct based on the evidence, he should follow it, because
what is necessary is to follow the evidence and the opinions
of the scholars may be used to help one understand
the evidence.
But if the Muslim does not have enough knowledge to
be able to decide which scholarly view is more correct,
then he must ask the scholars whose knowledge and
religious commitment he trusts, and follow the fatwas that
they issue to him. Allaah says (interpretation of the meaning):
"So ask the people of the Reminder if you do not know"
[al-Anbiya' 21:43]
The scholars have stated that the madhhab of the
ordinary Muslim is the madhhab of his mufti (the scholar
whom he asks for a fatwa).
If the scholars' opinions vary, then he must follow
the one who is most trustworthy and most
knowledgeable. This is like when a person falls sick and he looks for
the most trustworthy and knowledgeable doctor because
he is more likely than others to get it right. It is
more important to be on the safe side in matters of
religion than in worldly matters.
It is not permissible for a Muslim to select the
scholarly opinion that is in accordance with his own whims
and desires, if that goes against the evidence, or to seek
rulings from those whom he thinks will be lenient in
issuing fatwas.
Rather he must try to be on the safe side with regard
to his religion, and ask scholars who are more knowledgeable and who fear Allaah more.
From Ikhtilaaf al-`Ulama' Asbaabuhu wa
Mawqifuna minhu, p. 23. See also question no.
22652.
The Muslim must beware of seeking fatwas from
those who are known to be too lenient and to go
against trustworthy scholars who are more knowledgeable.
The Muslim should beware of following his whims and
desires and only following those fatwas which are in
accordance with his own wishes and desires, for the Muslim
is required to go against the desires and whims of his
own self. Allaah says (interpretation of the meaning):
"But as for him who feared standing before his
Lord, and restrained himself from impure evil desires and lusts.
Verily, Paradise will be his abode"
[al-Naazi'aat 79:40]
And Allaah knows best.
Islam Q&A (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
10887: what is definition of haram &halal?
Question:
what is definition of haram &halal?
Answer:
Praise be to Allaah.
Haraam is that for which the one who does it will
be punished and the one who abstains from it will
be rewarded, if the reason for his abstinence is
following the prohibition of Allaah. The halaal is that in which
there is no sin in doing it and no sin in not doing it, but if
a person intends to enhance his obedience to Allaah
by doing it, then he will be rewarded for this intention.
Dictating what is halaal and what is haraam is the right
of Allaah alone. There are people who make halaal some
of that which Allaah has forbidden, and people who
make haraam some of that which Allaah has permitted.
Some people invent acts of worship which have not
been prescribed by Allaah and which in fact He has
forbidden. The asl al-deen or basic principle of religion is that
the halaal is that which Allaah and His Messenger
have permitted, and the haraam is that which Allaah and
His Messenger have forbidden. The religion is that
which Allaah and His Messenger have prescribed. No one
has the right to go beyond the limits of the Straight Path
with which Allaah sent His Messenger. Allaah says (interpretation of the meaning):
"And verily, this is My straight path, so follow it,
and follow not (other) paths, for they will separate you
away from His path. This He has ordained for you that
you may become AlMuttaqoon (the pious)"
[al-An'aam 6:153]
Allaah mentions in Soorat al-A'naam, Soorat
al-A'raaf and elsewhere the things for which He condemns
the mushrikeen (polytheists, those who associate others
in worship with Allaah), which is that they made
haraam things which Allaah had not forbidden, such as
the baheerah and saa'ibah (camels to which certain
taboos were attached for the sake of their idols), and
they permitted things which Allaah had forbidden, such
as killing their children, and they prescribed in their
religion things that Allaah had not permitted. So Allaah
says (interpretation of the meaning):
"Or have they partners with Allaah (false gods) who
have instituted for them a religion which Allaah has
not ordained?
[al-Shooraa 42:21]
These things included things that are haraam in and
of themselves, which they made into acts of worship,
such as shirk (associating others in worship with Allaah)
and things which are obscene, such as performing
Tawaaf around the Ka'bah naked, etc.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
9466: What is moderation in religion?
Question:
What is meant by moderation in religion?
Answer:
Praise be to Allaah.
Moderation in religion means that one does not
exaggerate and go beyond the limit set by Allaah, and that one
does not neglect it and fall short of the limit set by Allaah.
Moderation in religion means following the example
of the Prophet (peace and blessings of Allaah be upon
him). Exaggeration means trying to do more than he did,
and negligence means not reaching that level.
For example, a man says, "I want to spend all night
in prayer (qiyaam al-layl), and never sleep all my
life, because prayer is one of the best acts of worship, so
I want to spend the entire night in prayer." We say, this
is going to extremes in the religion of Allaah, and this is
not right. Something like this happened at the time of
the Prophet (peace and blessings of Allaah be upon
him), when a group of men got together and one of them
said, "I will pray at night and never sleep." Another said,
"I will fast and never break my fast." The third one said,
"I will never marry women." News of that reached
the Prophet (peace and blessings of Allaah be upon him)
and he said, "What is wrong with people who say such
and such? I fast and I break my fast. I sleep, and I
marry women. Whoever overlooks my Sunnah does not
belong to me." These people had gone to extremes in
religion, and so the Messenger (peace and blessings of Allaah
be upon him) disowned them, because they overlooked
his Sunnah which includes fasting and not fasting,
praying at night and sleeping, and marrying women.
The one who is falling short is one who says, "I do
not need to do voluntary (naafil) actions, so I will not do
them. I will only do the fard actions. He may even be
falling short in the fard actions, so this person is lacking.
The moderate person is one who follows the path of
the Messenger (peace and blessings of Allaah be upon
him) and his rightly-guided successors (al-Khulafaa'
al-Raashidoon).
Another example: three men are faced with an
immoral man. One of them says, "I will not greet this
immoral man and I will boycott him, keep away from him and
not speak to him."
The second one says, "I will go with this immoral
man, greet him and smile at him. I will invite him to my
place and accept his invitation. He is just like any
righteous man to me."
The third one says, "I hate this immoral man for
his immoral actions, but I love him for his faith. I will
not boycott him unless doing so is in his best interests.
If there is nothing to be gained by boycotting him, and
if that will only increase him in his immorality, then I
will not boycott him."
We say that the first man is going to extremes, the
second is negligent and the third is moderate.
The same applies to all other acts of worship and
dealings with others. People vary between extremism,
negligence and moderation.
A third example: A man is a prisoner of his wife,
who directs him as she wishes and he does not stop her
from committing sin, or urge her to do good. She has
taken over his reason and has become the one who is in
charge of him.
Another man treats his wife in a harsh, arrogant and
high-handed manner. He does not care about her and
regards her as less than a servant.
A third man is moderate in his dealings with his wife,
as Allaah and His Messenger commanded.
"And they (women) have rights (over their husbands
as regards living expenses) similar (to those of
their husbands) over them (as regards obedience and
respect) to what is reasonable"
[al-Baqarah 2:228 _ interpretation of the meaning]
[The Prophet (peace and blessings of Allaah be upon
him) said:] "Let no believing man hate a believing woman.
If he dislikes one of her characteristics he will be
pleased with another."
This last man is the one who is moderate. The
second one is extreme in his dealings with his wife, and the
first is falling short.
The same applies to all other deeds and acts of worship.
Majmoo' Fataawa wa Rasaa'il li Fadeelat
al-Shaykh Muhammad ibn Saalih al-`Uthaymeen, vol. 1, p.
42 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
9197: Is there any difference between Sunnah,
mustahabb and nafil?
Question:
What is the difference between Sunnah and Nafel?
and Sunnah and Musthab?
Answer:
Praise be to Allaah.
The majority of scholars of Usool al-Fiqh say that
there is no difference between Sunnah, mustahabb,
tatawwu' (voluntary actions) and nafil. But the Hanafis
say something different. They regard mandoob (recommended) as being of the same status as nafil,
and they differentiate between Sunnah and nafil,
regarding Sunnah as being higher in status.
Sharh al-Waraqaat fi Usool al-Fiqh by Shaykh
`Abd-Allaah al-Fawzaan, 26 . (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
9084: The difference between haraam and makrooh
Question:
What is the meaning of makrooh? And what is the difference between makrooh and haraam.
Answer:
Praise be to Allaah.
Makrooh in Arabic means the opposite of liked or loved.
In the terminology of sharee'ah it means that which
the Lawgiver asks us not to do, but not in a definitive
manner. It may be said that it means that for which the
person who does not do it out of obedience will be rewarded,
but the one who does it will not be punished.
Haraam in Arabic means forbidden.
In the terminology of sharee'ah it means, that which
the Lawgiver requires us not to do, in a definitive
manner. Haraam is the opposite of halaal (permitted). A
person will be rewarded for not doing that which is haraam, if
he does so out of obedience, and not out of fear, shyness
or the inability to do it; in those cases he will not be
rewarded for not doing it.
Sharh al-Waraqaat fi Usool al-Fiqh by `Abd _Allaah
al-Fawzaan, 29-30 (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
751: Why adultery, gambling and the flesh of swine
are haraam
Question:
Why are adultery, gambling, eating the flesh of
swine forbidden in Islam or considered "haram"?
Answer:
Even though we find it strange that a Muslim would
ask such a question about matters which are so clear
and undisputed, the answer is simply that these things
are haraam because Allaah, Whom we must obey, has forbidden them. He tells us in the Qur'aan [Qur'an, Quran]
(interpretation of the meanings):
"And come not near to unlawful sexual intercourse.
Verily, it is a faahishah (a great sin) and an evil way."
[al-Israa' 17:32]
"He has forbidden you only the maytatah (dead
animals), and blood, and the flesh of swine…" [al-Baqarah 2:173]
"O you who believe! Intoxicants, gambling,
al-ansaab [stone altars for sacrifice to false gods], and
al-azlaam (arrows for seeking luck or decision) are an
abomination of Shaytaan's handiwork. So avoid (strictly all)
that (abomination) in order that you may be successful.
Shaytaan wants only to excite enmity and hatred
between you with intoxicants and gambling, and hinder you
from the remembrance of Allaah and from al-salaah. So,
will you not then abstain?" [al-Maa'idah 5:90-91]
So we must avoid all that which Allaah has
forbidden, out of faith in His laws, in the hope of His reward and
in fear of His punishment. We must also believe that
Allaah does not forbid anything in Islamic sharee'ah except
that which is harmful and corrupt, whether we understand
this rationally or not, because He says (interpretation of
the meaning):
"And no, by your Lord, they can have no Faith, until
they make you (O Muhammad) judge in all disputes
between them, and find in themselves no resistance against
your decisions, and accept (them) with full submission."
[al-Nisaa' 4:65]
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $17.95 Pages: 300 Downloadable
2376: Are all actions allowed unless specifically
prohibited or vice versa?
Question:
The fiqh of actions is, to my knowledge, divided into two.
1) All actions are mubah unless specified otherwise
by Allah and Rasool Allah.
2) All actions are not Mubah in origin and has a
specific hukm.
Can you please clarify wich is stronger through evidence.
Jazakum Allah khair.
Answer:
Praise be to Allaah.
The rule that all things are allowed is considered to
be one of the major well-known principles of
Islamic jurisprudence (fiqh), and there springs from this
principle the idea that all actions are allowed except those for
which there is evidence to show that they are forbidden.
There are some exceptions to this rule: in matters of
sexual relationships, forms of worship, and eating meat, the
rule is that it is forbidden except that which is
expressly permitted; and it is forbidden to dispose of
another person's property except with his permission.
Modern forms of contracts are permitted so long as they do
not involve buying something sight unseen, deception,
riba (interest or usury), fraud, cheating or other things that
are forbidden by sharee'ah. And Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
 |
|
PAGES: 362
(6 in x 9 in)
ISBN: 1861794061 |
| Click: HERE to Download the book and get two other FREE books | |  | and Get immediate access to the
full volume and the
FREE Bonuses |
|
