Tuesday, 7 February 2012

Is it permissible to swear oaths in buying and selling if one is sincere?

Is it permissible to swear oaths in buying and selling if one is sincere?.

Praise be to Allaah.

Swearing oaths in buying and selling is makrooh is general terms, whether one is lying or not. If a person is lying in his oath then it is makrooh in the sense of being haraam; the sin is greater and the punishment is more severe, because it is a false oath. Even if it is a means of selling the product, it erases the blessings of the sale and profit. This is indicated by the report narrated by Abu Hurayrah (may Allaah be pleased with him) who said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “An oath may sell the product but erase the blessing.” Narrated by al-Bukhaari and Muslim in their Saheehs, this version was narrated by al-Bukhaari. See Fath al-Baari (4/315). And it was narrated from Abu Dharr (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There are three to whom Allaah will not speak on the Day of Resurrection, nor will He look at them or praise them, and theirs will be a severe torment.” The Messenger of Allaah (peace and blessings of Allaah be upon him) repeated it three times, and Abu Dharr said: “They are lost and doomed. Who are they, O Messenger of Allaah?” He said: “The one who lets his garment hang below his ankles, the one who reminds others of his favour, and the one who sells his product by means of false oaths.” Narrated by Muslim in his Saheeh (1/102); as similar report was narrated by Imam Ahmad in his Musnad. 

But if the oath in buying and selling is sincere, then it is makrooh in the sense of being discouraged, because that means that he is selling his product and encouraging the buyer to buy it by means of swearing oaths repeatedly, and Allaah says (interpretation of the meaning): 

“Verily, those who purchase a small gain at the cost of Allaah’s Covenant and their oaths, they shall have no portion in the Hereafter (Paradise). Neither will Allaah speak to them nor look at them on the Day of Resurrection nor will He purify them, and they shall have a painful torment”

[Aal ‘Imraan 3:77] 

And because of the general meaning of the words of Allaah (interpretation of the meaning): 

“And protect your oaths (i.e. do not swear much)”

[al-Maa'idah 5:89] 

And because Allaah says (interpretation of the meaning): 

“And make not Allaah’s (Name) an excuse in your oaths”

[al-Baqarah 2:224] 

And because of the general meaning of the hadeeth narrated by Abu Qataadah al-Ansaari al-Sulami, who said that he heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Beware of swearing too much when selling, for it sells (the product) then it erases (the blessing).” Narrated by Muslim in his Saheeh, by Ahmad in al-Musnad and by al-Nasaa’i, Ibn Maajah and Abu Dawood. End quote.

Thursday, 2 February 2012

Ruling on skin patches in Ramadaan

I am a heavy smoker,nearly.
20 cigarettes a day. I want to quit smoking totally.Somebody suggested use of Nicotene patches is very beneficial. My question is Can Nicotene patches be during month of Ramadan, while observing the rituals of fasting.The nicotene patch is to be applied on ones skin thru which nicotene is absorbed within the body & one patch is sufficirnt for 24 hours,we need to use 7 patches in all. Let me tell you while observing the fast, I don't get the urge to smoke but the moment Iftar is over my hand automatically goes for a cigarette. Kinmdly advice.

Praise be to Allaah.

The things that do not break the fast include things that enter the body through absorption via the skin, such as creams, lotions and skin patches used to administer medicinal or chemical materials such as these patches which are used to treat the disease of smoking. Fear Allaah with regard to your body and do not cause it harm through this habit of smoking which is haraam (forbidden) according to sharee’ah. The Prophet (peace and blessings of Allaah be upon him) said: “and verily, your body has a right over you.” We ask Allaah to help you to give up this filthy habit and to protect us and you from all evil. May Allaah bless our Prophet Muhammad and grant him peace. And Allaah knows best.

Intercourse during non-daylight hours in the month of Ramadaan

Is sex allowed during non daylight hours in the month of Ramadaan??

Praise be to Allaah.

Intercourse with one’s spouse is allowed between maghbrib and fajr during Ramadaan, because Allaah says (interpretation of the meaning): “It is made lawful for you to have sexual relations with your wives on the night of the fasts. They are libaas [garments, body cover, screen] for you and you are the same for them. Allaah knows that you used to deceive yourselves, so He turned to you (accepted your repentance) and forgave you. So now have sexual relations with them and seek that which Allaah has ordained for you (offspring), and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of dawn), then complete your fast until the nightfall. And do not have sexual relations with them (your wives) when you are in I’tikaaf (spiritual retreat) in the mosques. These are the limits (set) by Allaah, so approach them not. Thus does Allaah make clear His aayaat (signs) to mankind that they may become al-muttaqoon (the pious).” [al-Baqarah 2:187].

Delaying ghusl for janaabah (impurity following sexual activity) until after dawn has broken in Ramadaan

Is it permissible to delay ghusl for janaabah until after dawn has broken? Is it permissible for women to delay ghusl following the end of menstruation or post-natal bleeding until after dawn has broken?

Praise be to Allaah.

If a woman sees that she has become taahir (pure) before Fajr, then she has to fast, and it does not matter if she delays ghusl until after dawn has broken. But she should not delay it until the sun is risen. The same applies in the case of junub (impurity after sexual activity), one should not delay ghusl until after the sun has risen and in the case of men, they should hasten to do ghusl so that they can pray Fajr with the jamaa’ah (in the mosque).

Kohl and creams do not invalidate the fast

Do kohl and creams used by a woman during the day break her fast?.

Praise be to Allaah.  

If a person applies kohl during the day in Ramadaan whilst fasting, that does not invalidate the fast, but if he feels a trace of it in his throat then to be on the safe side he should make up that fast. It is better not to use kohl during the day when fasting. 

If a person applies oil or cream to his hair during the day in Ramadaan when fasting, that does not invalidate his fast. 

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.

Saturday, 28 January 2012

Should she marry a man who is religiously-committed but poor?

I am a Muslim woman who is 50 years old. I got to know a man who is divorced and retired, who is 54 years old. What made me like him very much is the fact that he is religiously-committed, but he is poor. As I am also religiously-committed, I want to protect my chastity and marry him even though he is poor, but my mother feels that she does not approve of him because he is poor. If I marry him, will I be sinning? Will I be rewarded if I spend on my husband? My mahr will be a simple ring of gold, because I am not materialistic and I want to do good for the sake of Allaah. Please note that I have been divorced for 20 years and I refused to get married so that I could raise my daughter who is now 20 years old. I was also taking care of my dear father until he passed away (may Allaah have mercy on him and all the Muslims), and he was pleased with me when he died. Now I feel that I need a husband. Please advise me, may Allaah reward you with good.

Praise be to Allaah.

If this man is religiously-committed and of good character, there is nothing wrong with you marrying him, even if he is poor, because of the report narrated by al-Tirmidhi (1084) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one whose religious commitment and character pleases you, then marry [your female relative who is under your care] to him, for if you do not do that, there will be tribulation on earth and much corruption.” Classed as hasan by al-Albaani in Saheeh al-Tirmidhi. 

There is nothing wrong with him taking from your wealth with your consent, and you will have the reward for spending on him and treating him kindly. Allaah says (interpretation of the meaning): 

“but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)”

[al-Nisa’ 4:4] 

Poverty is nothing to be ashamed of, because wealth comes and goes, and a poor man may become rich. Allaah says (interpretation of the meaning): 

“And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Saalihoon (pious, fit and capable ones) of your (male) slaves and maid‑servants (female slaves). If they be poor, Allaah will enrich them out of His Bounty. And Allaah is All‑Sufficient for His creatures’ needs, All‑Knowing (about the state of the people)”

[al-Noor 24:32] 

You should convince your mother, and explain to her that compatibility is not the matter of money, rather it is piety and righteous deeds. There is no sin on you even if your mother persists in her view, and you think that you want to marry him, but it is essential that your wali (Guardian) be present in order for the marriage to be valid, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage without a guardian.” Narrated by Abu Dawood (2085), al-Tirmidhi (1101) and Ibn Maajah (1881), from Abu Moosa al-Ash’ari, and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

The woman’s guardian may be her father, then her son, then her brother, then her nephew (brother’s son), then her paternal uncle, then her cousin (son of paternal uncle), in order of closeness. If she does not have a guardian then her guardian for marriage is the qaadi (judge), because the Prophet (peace and blessings of Allaah be upon him) said: “If they dispute, then the ruler is the guardian of the one who has no guardian.” Narrated by Ahmad (24417), Abu Dawood (2083), al-Tirmidhi (1102); classed as saheeh by al-Albaani in Saheeh al-Jaami’ (2709). 

If a woman strives to get married and makes the mahr easy, it is a sign of wisdom and good thinking on her part. We ask Allaah to make things easy for you and to guide you to the right path. 

And Allaah knows best.

Should he marry a Christian Israeli Arab woman?

I have gotten to know a Christian woman who is an Israeli Arab and she wants us to get married and to embrace Islam and leave that land and live with me in my country, and keep away completely from that society and be a Muslim woman. But there are many problems and obstacles as you know, from relatives and strangers. I do not know what to do. I hope that you can help and offer advice. Should I continue with her or leave her because of these problems? Please note that I want her to become Muslim and move away from that society.

Praise be to Allaah.

Firstly: 

It should be noted first of all that you did wrong by getting to know this non-mahram woman. Islam has set out important guidelines concerning the relationship between men and non-mahram women, so as to protect Muslim men and women from falling into that which Allaah has forbidden to us. That is so as to protect societies from the spread of immorality and evil. This does not apply only to relationships between a Muslim man with a non-mahram Muslim woman, but it also includes the prohibition on doing that with kaafir women, but the shaytaan may tempt him to commit this sin in the name of calling people to Allaah. 

We have previously discussed the ruling on corresponding and talking with non-mahrams. See the answer to questions no. 22101, 26890, 23349 and 10221. 

Secondly: 

With regard to the ruling on marrying kaafir woman, it is haraam, unless she is from the people of the Book – Jewish or Christian. A Muslim may think that every woman who lives in America or Europe is a Christian, or that if she lives with the Jews then she is Jewish, but this is wrong. Just as there are those who are Muslim in name but are in fact secular or communist, that also happens with them too, and on a greater scale – there are many who are of the religion of their country in name, without that having any reflection in reality. Hence the one who wants to marry a non-Muslim woman must ascertain that the conditions for that are met in the woman. They are: 

1.     She should be of the people of the Book – Jewish or Christian – even if she adheres to her deviant religion, because these are the ones whose woman Allaah has permitted us to marry. Allaah says (interpretation of the meaning): 

“The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time when you have given their due Mahr (bridal-money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girlfriends”

[al-Maa'idah 5:5] 

As for atheist, Buddhist and Magian (Zoroastrian) women, it is not permissible to marry them. Allaah says (interpretation of the meaning): 

“And do not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah Alone). And indeed a slave woman who believes is better than a (free) Mushrikah (idolatress), even though she pleases you”

[al-Baqarah 2:221] 

2.     She should be chaste, not engaging in zina (fornication) or having boyfriends, because Allaah says in the verse from al-Maa'idah quoted above: “chaste women.” 

3.     The Muslim should be in charge. So it should not be stipulated that they get married in the church, or that the children should follow her religion, or anything else in which she and her religion are given precedence at the expense of his religion. Allaah says (interpretation of the meaning): 

“And never will Allaah grant to the disbelievers a way (to triumph) over the believers”

[al-Nisa’ 4:141]. 

This condition is not met in the case of one who marries a woman from a western country, because he is governed by their laws and their governments will take charge of all the children, and the governments and embassies of those women will support them if he should decide to take his children to a Muslim country against her wishes. 

Although it is permissible to marry women of the people of the Book, Islam encourages us to marry Muslim women who are religiously committed, because a Muslim’s life with his wife is all-encompassing and includes chastity, lowering of the gaze, and protection and care of the household and children. These and similar matters can only be achieved with a religiously-committed Muslim woman.  

See the answer to question no. 12283, which is very important, and also the answer to questions no. 20227 and 45645, which offer more information on the negative effects of marrying non-Muslim women. 

Thirdly: 

What we advise you to do is to put this woman in touch with Muslim women among your relatives or others who are involved in calling people to Allaah, so they can encourage her to become Muslim and convince her to enter the faith willingly, because there is the fear that her wanting to become Muslim may be motivated by her love for you, so she would be Muslim on the outside without any real faith in her heart. If she remained a kaafir, she would not be able to marry you without the consent and agreement of her kaafir wali (guardian) and the guardianship would pass to the Muslim authorities – according to some scholars – if her kaafir guardian objects to her marrying a Muslim because of his being Muslim, or if there is no one in her family who follows her religion to whom guardianship could be passed. But if she is Muslim, then even if there is no Muslim among her family who could be her guardian, the Muslim qaadi (judge) or the one who acts in his stead would be her guardian, because a kaafir cannot be the guardian of a Muslim woman. 

If she becomes Muslim, then we think that she can escape from her environment by marrying you, and move to your country, but you must be careful to avoid falling into sin before that by looking at her, being alone with her, and shaking hands with her, until you know that she has become Muslim out of sincere conviction and has become a good Muslim, then you can marry her in accordance with the Qur’aan and Sunnah. 

The Muslim should be cautious about marrying a kitaabi (Jewish or Christian) woman, or a woman who has become Muslim because of her love for her Muslim husband, for there is no guarantee that her becoming Muslim does not have to do with meeting her immediate needs, and is not the result of true conviction regarding the religion that she has joined. This may have an effect on his life and the life of his children. In both cases there is a risk to him and his children, and you should be even more cautious if she is Jewish or she was living among the Jews, because the Jews are known for plotting against the Muslims and using women to further those plots. 

See the answer to questions no. 20884 and 33656, which describe how a woman may become Muslim. 

We advise you to pray istikhaarah, details of which you will find in questions no. 2217 and 11981. 

We ask Allaah to help you to repent sincerely and to guide her to Islam, and to join you together in goodness if she accepts Islam and becomes a good Muslim. 

And Allaah knows best.