Friday 30 September 2011

Referring for judgement to a kaafir judge or an imaam who, although wise, is not a scholar

 

In the city where we live in
the West, there is no Islamic court or Islamic centre to which we can refer for judgement
or for help to resolve conflicts. We have an Islamic Da’wah centre but there is no
director or anyone we can refer to resolve conflicts. Can a wife’s agreement before a
kaafir judge to give up custody of her children be regarded as binding? Can a kaafir
judge’s verdict that a father has to spend on his children if they are with the
mother be regarded as binding?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn
Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

Firstly – may Allaah bless you – if the people at
the Da’wah centre agree that matters may be referred to them, then this is OK. This
is a duty upon them, because we should refer things to Muslims for judgements.

But with regard to the issue of giving up custody – if
the mother gives up custody – this does not need the ruling of a judge. If she states
that, this is sufficient for it to become binding.

As for spending on the children, so long as they are going to
go back to their father when the mother gives up her right to custody, he is going to
spend on them anyway.

Question:

If the kaafir judge rules that the father has to spend on
them whilst they are with their mother, is this considered to be binding?

Answer:

Even if the judge does not state that the father has to spend
on them, it is still his obligation according to sharee’ah.

Question:

But the amount?

Answer:

The amount is to be determined by ‘Urf (local custom).

Question:

So if the amount stipulated by the kaafir judge is in
accordance with ‘Urf, is it binding on him?

Answer:

It is binding on him not because it is the ruling of the
judge but because it is ‘Urf.

Question:

If the husband and wife agree to refer to a Muslim for
judgement, is his ruling binding on them? In the West, the imaam may be a person who is
not religious, so can they refer to him for judgement?

Answer:

If there is no one else available, then it is OK, but the
fuqaha’ have stated the condition that he should be fit to judge, meaning that he
should have knowledge of sharee’ah, but if there is no one else, let them fear Allaah
as much as they can.

Question:

There may be no one there at all who knows about passing
judgement, but if there is a wise Muslim man?

Answer:

If they ask him to judge between them on the basis that he is
going to bring about a reconciliation, this is OK.

Question:

But if we say that it is only for reconciliation, his words
will not be binding?

Answer:

No, but if he passes a judgement and they agree to it, then
it will become binding. Every reconciliation that the two parties agree to is binding
because of the hadeeth: “Reconciliation is permissible among Muslims”. And
Allaah knows best.

Hanging up chains with blue beads

 

What is the ruling on hanging the chains that has blue beads with the Quran? With strong belief is that it does not protect from the evil eye, and that Allah alone is the All-protecting One. I want to know if just hanging it as adornment in the home is haram?.

Praise be to Allaah.

Firstly: 

Hanging Qur’aan on the walls is not appropriate as it
involves a number of things that are haraam. These have been explained in
the answer to question no. 254. 

Secondly: 

There is nothing wrong with hanging up chains that include
blue beads for the purpose of adornment, so long as there is no false belief
involved such as the belief that they bring good luck or ward off the evil
eye. See also question no. 10543. 

Nevertheless it is better not to hang up these things,
because most people hang them up in the belief that they ward off the evil
eye or protect one from hasad (destructive envy), so hanging them up is an
imitation of these people, and some people may think badly of him if they
see these beads, and think that he has hung it up to ward off the evil eye,
and some people may follow his example in that. 

To sum up, there are a number of reservations about hanging
them up, so it is better not to do that. 

And Allaah knows best.

He claims that he circumambulates the Ka’bah in his dreams and tells them about the future

 

I got to know a person who told me that in his dreams a Muslim jinn comes to him and he says that he performed tawaaf with him in Makkah and gave him Zamzam water to drink, and he visited the grave of the Prophet (peace and blessings of Allaah be upon him) with him. He says that this all happened on the same night, and until now he says that he performs tawaaf with him in Makkah and visits the grave of the Prophet. This man told me some things about the future and some of them came true. My brother is enchanted by this man and believes everything that he says. I do not have enough knowledge of sharee’ah to be able to prove this man’s claims to be false. How can I get rid of him and convince my brother that this man is a liar?.

Praise be to Allaah.

Firstly: 

There is nothing wrong or strange about this man saying that
he dreamt that a Muslim jinn performed tawaaf with him in Makkah and visited
the grave of the Prophet (peace and blessings of Allaah be upon him). A
man may see such things in his dreams, or greater things, such as seeing
himself in Paradise or going up into the heaven then coming down, and other
things that cannot happen in reality. 

This applies if he is telling the truth about his dreams, but
some charlatans tell lies and deceive people with their false dreams. 

Secondly: 

The fact that he speaks about the future indicates that he is
one of the fortune-tellers or soothsayers, who deal with the jinn and find
out some matters of the unseen from them, as is mentioned in the hadeeth
narrated by al-Bukhaari (4701) and Muslim (2228) from Abu Hurayrah (may
Allaah be pleased with him), that the Prophet (peace and blessings of
Allaah be upon him) said: “When Allaah decrees a matter in heaven, the
angels beat their wings in submission to His words, making a sound like a
chain striking a rock. When the fear is banished from their hearts, they
say, What is it that your Lord has said? They say: The truth, and He is the
Most High, the Most Great. Then the one who is listening out hears that, and
those who are listening out are standing one above the other” – Sufyaan [one
of the narrators] demonstrated with his hand, holding it vertically with the
fingers outspread. – “Perhaps the meteor will hit the listener before he can
pass it on to his companion, and burn him, or perhaps it will not hit him
until he passes it on to the one who is below him, until they pass it down
to earth – or perhaps Sufyaan said: until it reaches the earth – and is put
in the mouth of the witch and he tells one hundred lies along with it. So he
is believed and they say: Did he not tell us that on such and such a day,
such and such would happen, and it came to pass? That is the word that was
heard from heaven. So they believe him because of one thing which was heard
from heaven.”  

And al-Bukhaari (7561) and Muslim (2228) narrated that
‘Aa’ishah (may Allaah be pleased with her) said: Some people asked the
Prophet (peace and blessings of Allaah be upon him) about soothsayers.
He said: “They are nothing.” They said: O Messenger of Allaah, sometimes
they tell us something that turns out to be true. The Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “That is a word from
the jinn that the jinni snatches, and he cackles it into the ear of his
familiar as a hen cackles, but they mix more than a hundred lies with it.” 

If this man claims to have knowledge of the unseen then he is
a kaafir, so beware of going to him, because going to such people and
believing them is haraam, because the Prophet (peace and blessings of
Allaah be upon him) said: “Whoever goes to a fortune-teller and asks him
about something, his prayer will not be accepted for forty nights.” Narrated
by Muslim (2230). 

This applies if he goes to him and asks him something and
does not believe him. But if he believes him, then the Prophet (peace
and blessings of Allaah be upon him) said: “Whoever goes to a soothsayer or
fortune-teller and believes what he says, has disbelieved in what was
revealed to Muhammad (peace and blessings of Allaah be upon him).”
Narrated by Ahmad (9532) and al-Haakim (15); classed as saheeh by al-Albaani
in Saheeh al-Jaami’. 

Thus it is clear that it is haraam to go to fortune-tellers
and believe what they say. 

Advise your brother and explain that to him, and warn him
against keeping company with this man or believing him. 

We ask Allaah to protect us and you from all evils and
temptations. 

And Allaah knows best.

If the apostate repents, his repentance is accepted

 

One of the brothers came to me one day expressing regret and feeling ashamed of himself because of his bad behaviour towards Allaah – this is the best that he could call it himself – because one day in a fit of anger towards his fiancée he reviled Allaah – we ask Allaah to keep us safe and sound. He came to me in a state of regret and told me that he had shamed himself, and now he felt too ashamed even to pray. He is – praise be to Allaah – a person who is religiously committed. 


I hope that you can tell us how to advise him, and explain the shar’i ruling on what happened to him and how he may expiate for that if expiation is required.

Praise be to Allaah.

Firstly: 

Undoubtedly what your friend did is bad behaviour towards his
Lord, may He be glorified and exalted. His Lord is the One Who created him
in the best form and guided him to the true religion and honoured him with
intelligence, hearing and sight, and then he reviled Him and insulted Him?!
If this was done with regard to any human who had honoured him in some
insignificant worldly matters, that would be counted as a bad attitude and
bad behaviour, so how about with Allaah, may He be exalted, and there is no
comparison between at all the honouring and kindness of a fellow-human and
the honouring and kindness of the Creator, may He be exalted. 

This reviling puts a person beyond the pale of Islam and
makes him an apostate. There is no difference on this ruling among the
scholars. 

Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) said: 

Whoever reviles Allaah has committed an act of major kufr
(which puts him beyond the pale of Islam), whether he was joking or said it
in earnest. The same applies to anyone who mocks Allaah, may He be exalted,
or His signs, Messengers or Books. Allaah says (interpretation of the
meaning): 

“If you ask them (about this), they declare: ‘We were only
talking idly and joking.’ Say: ‘Was it at Allaah , and His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) and His Messenger
(peace and blessings of Allaah be upon him) that
you were mocking?’”

[al-Tawbah 9:65] 

al-Mughni (12/298). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said:  

Reviling Allaah or His Messenger is inward and outward kufr,
whether the one who reviles them believes that it is haraam or regards it as
permissible, or he is unaware of the ruling. This is the view of the fuqaha’
and all the ahl al-sunnah who say that faith consists of words and deeds. 

Al-Saarim al-Maslool (1/513). 

In al-Mawsoo’ah al-Fiqhiyyah (22/184) it says: 

The fuqaha’ are unanimously agreed that whoever reviles
Allaah, may He be exalted, is a kaafir, whether he is joking, serious or
making fun. 

In (24/139) it says: 

The fuqaha’ are unanimously agreed that whoever reviles Islam
or the religion of the Muslims is a kaafir. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)
said: 

Reviling the deen is one of the worst of major sins and the
greatest of evils. The same applies to reviling the Lord, may He be
glorified and exalted. These are two of the gravest things that nullify
Islam and are means of apostatizing from Islam. If the one who reviles the
Lord, may He be glorified and exalted, or reviles the deen is a Muslim, then
he becomes an apostate from Islam thereby, and he becomes a kaafir. He
should be asked to repent and if he repents (all well and good), otherwise
he should be executed on the orders of the authorities via the sharee’ah
court. Some of the scholars said: he should not be asked to repent, rather
he should be executed because his crime is so great. But the more correct
view is that he should be asked to repent so that Allaah may bless him with
guidance and he may adhere to the truth. But he should be punished by
flogging and imprisonment so that he will not go back to such a great crime.
Similarly, if he reviles the Qur’aan or the Messenger or any other Prophet,
he should be asked to repent and if he repents (all well and good),
otherwise he should be executed. Reviling the deen, reviling the Messenger
and reviling the Lord, may He be glorified and exalted, are all things that
nullify Islam. The same applies to mocking Allaah and His Messenger, or
Paradise or Hell, or the commands of Allaah such as prayer and zakaah.
Making fun of any of these things nullifies Islam. Allaah, may He be
glorified and exalted, says (interpretation of the meaning): 

“If you ask them (about this), they declare: ‘We were only
talking idly and joking.’ Say: ‘Was it at Allaah , and His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) and His Messenger
(peace and blessings of Allaah be upon him)that
you were mocking?’

66. Make no excuse; you disbelieved after you had
believed”

[al-Tawbah 9:65-66] 

We ask Allaah to keep us safe and sound. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz
(6/387). 

And he (may Allaah have mercy on him) said: 

Everyone who reviles Allaah, may He be glorified, in any way,
or who reviles the Messenger Muhammad (peace and blessings of Allaah be
upon him) or any other Messenger in any way, or reviles Islam or criticizes
it, or mocks Allaah or His Messenger (peace and blessings of Allaah be
upon him), becomes a kaafir and an apostate from Islam if he claims to be a
Muslim, according to the consensus of the Muslims, because Allaah says
(interpretation of the meaning):  

“Say: ‘Was it at Allaah , and His Ayaat (proofs,
evidences, verses, lessons, signs, revelations, etc.) and His Messenger that
you were mocking?’

66. Make no excuse; you disbelieved after you had
believed”

[al-Tawbah 9:65-66] 

The great scholar Imam Abu’l-‘Abbaas ibn Taymiyah (may Allaah
have mercy on him) explained the evidence concerning this issue in his book
al-Saarim al-Maslool ‘ala Shaatim al-Rasool (“The unsheathed sword
against the one who reviles the Messenger”). The one who wants to learn more
about the evidence on this issue may refer to this book, as it is very
useful and its author is a great scholar who had vast knowledge of shar’i
evidence, may Allaah have mercy on him. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz
(7/77,87). 

In the answer to question no. 42505 you will find the fatwa
of Shaykh al-‘Uthaymeen on the ruling on reviling Allaah and His Messenger
and reviling the deen. 

Secondly: 

Although the sin that your friend has committed is very great
and the rulings concerning it are very strict, Allaah has opened the gate of
repentance to the one who wants to turn back from his sin and wants to
repent and seek forgiveness. He should not despair of the pardon and
forgiveness of Allaah. That is what the shaytaan wants from the sinner and
apostate. Yes, he should feel regret for his sin, but that should not become
a barrier between him and Allaah that prevents him from repenting and
seeking forgiveness. 

Allaah says (interpretation of the meaning): 

“Say: O ‘Ibaadi (My slaves) who have transgressed against
themselves (by committing evil deeds and sins)! Despair not of the Mercy of
Allaah, verily, Allaah forgives all sins. Truly, He is Oft‑Forgiving, Most
Merciful”

[al-Zumar 39:53] 

It was narrated from Abu Moosa (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him) said:
“Allaah holds out His hand at night to accept the repentance of those who
have sinned during the day, and He holds out his hand by day to accept the
repentance of those who have sinned at night – until the sun rises from its
place of setting.” 

Narrated by Muslim (2759). 

Ibn Rajab al-Hanbali (may Allaah have mercy on him) said: 

It was said to al-Hasan al-Basri: One of us feels too shy
before his Lord to ask forgiveness for his sin then go back to it, then ask
forgiveness then go back (to his sin)? He said: The shaytaan wishes that he
could achieve that with you. Do not tire of seeking forgiveness. 

And it was narrated that he said: I think that this is the
attitude of the believers – i.e., every time a believer sins, he repents. 

Jaami’ al-‘Uloom wa’l-Hukam
(1/165). 

Our advice to him is to repent and regret what he did, and to
do a lot of righteous deeds and strive to be better after repentance than he
was before he committed this major sin, and Allaah accepts the repentance of
the one who repents. 

And Allaah knows best.

Wearing gold on which Aayat al-Kursiy is engraved or which is in the shape of an eye or hand

 

Many people give as a gift a piece of gold on which is engraved Aayat al-Kursiy or the name of Allaah or the phrase “Allaah jalla jalaaluhu”, or another type which is in the form of a hand, eye or heart, or which contains blue beads. My question is: which of these are haraam, and why? What should the Muslim do if he is given such items as a gift?.

Praise be to Allaah.

Firstly: 

It is not prescribed to write Aayat al-Kursiy or the name of
Allaah on pieces of gold that are to be worn, because that is a kind of
disrespect. It may also be an imitation of the Jews and Christians who hang
up or wear things that they revere, such as the cross etc. 

There is a concession allowing writing names on rings, even
if the name includes the name of Allaah, such as Abd-Allaah or ‘Abd
al-Rahmaan. Similarly there is nothing wrong with writing useful words on a
ring even if they include the name of Allaah, such as al-hamdu Lillah
(praise be to Allaah), tawakkaltu ‘ala Allaah (I put my trust in Allaah)
etc. Many such reports have been narrated from the Sahaabah and Taabi’een.
Some examples have been mentioned in the answer to question no
68805 

The Standing Committee for Issuing Fatwas was asked: We sell
hearts in which the name of Allaah is written, which are bought by Arabs and
non-Arabs of every kind. We may tell the Arabs that it is haraam to take
them into the toilet. Please advise us on the ruling on selling them. 

They replied: Selling jewellery on which the name of Allaah
is written is not permissible, unless it is erased from it. A similar
question was submitted to the Committee which they answered in Fatwa no.
2077, the text of which is as follows: 

We attach with out letter some gold jewellery on which is
written the name of Allaah. This jewellery is used by our Muslim women as an
adornment only. A while ago our brothers in the Committee for the Enjoining
of Virtue and Elimination of Vice (enjoining what is good and forbidding
what is evil) told us that using this jewellery is haraam, because the name
of Allaah is written on it. We tell you that this jewellery is only used by
Muslims as an adornment, unlike the women of the Jews and Christians, as the
Christians wear jewellery on which there are pictures of the cross and
images of idols, and the Jews wear jewellery on which there are pictures of
the star of David. We hope that you can explain this issue.  

They replied as follows: Since this jewellery has the name of
Allaah written on it and is intended for Muslim women to wear around their
necks, as Christian women wear a cross and Jewish women wear a star of
David, and since things on which the name of Allaah is written may be worn
to ward off harm or bring benefits, or for other purposes, and wearing it
may expose it to disrespect such as if a person sleeps in it and rolls on
top of it, or wears it in places where it is makrooh to take anything in
which is written the words of Allaah or the name of Allaah, the committee
thinks that it is not permissible to use this jewellery on which the name of
Allaah is written, so as to avoid imitation of the Christians and Jews whom
the Muslims are forbidden to imitate, and so as to block the means that may
lead to evil, and so as to protect the name of Allaah from disrespect, and
because of the general meaning of the prohibition on wearing amulets. End
quote from Fataawa al-Lajnah al-Daa’imah
(13/473)

Secondly: 

There is nothing wrong with wearing gold in the shape of a
heart, but if it is in the shape of a hand or eye, or it contains blue
beads, then it should not be worn, because they wear these things or hang
them up in the belief that they ward off the evil eye or bring good luck.
Even if a Muslim does not wear them on the basis of such corrupt beliefs, he
still should not wear them, because by doing so he is imitating those who
wear them for these reasons, and that may lead people to think badly of him,
as they will think that he is wearing it to ward off the evil eye. So it is
not permissible to wear them in that case. This comes under the heading of
wearing amulets, which is forbidden. 

Ahmad (17458) narrated from ‘Uqbah ibn ‘Aamir al-Juhani (may
Allaah be pleased with him) that the Messenger of Allaah (peace and
blessings of Allaah be upon him) said: “Whoever wears an amulet has
associated something with Allaah (shirk).” Classed as saheeh by al-Albaani
in Saheeh al-Jaami’. 

Ahmad also narrated (17440) that ‘Uqbah ibn ‘Aamir (may
Allaah be pleased with him) said: I heard the Messenger of Allaah
(peace and blessings of Allaah be upon him) say: “Whoever wears an amulet,
may Allaah not fulfil his need, and whoever wears a sea-shell, may Allaah
not give him peace.” Classed as hasan by Shu’ayb al-Arna’oot in Tahqeeq
al-Musnad.

 An amulet is something that is worn to ward off the evil eye
and protect against disaster. 

Al-Khattaabi (may Allaah have mercy on him) said: An amulet
is a bead that they used to wear in the belief that it could ward off
disaster. 

Al-Baghawi (may Allaah have mercy on him) said: Amulets are
beads that the Arabs used to put on their children to protect them against
the evil eye. This was declared false by sharee’ah. See: al-Ta’reefaat
al-I’tiqaadiyyah, p. 121. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
Sea-shells were taken from the sea and worn to ward off the evil eye. They
say that if a person wears this shell he will not be affected by the evil
eye or by the jinn. 

With regard to the phrase “may Allaah not give him peace” it
was said that it means, may Allaah not give him tranquility, and the
opposite of tranquillity is anxiety and grief. 

And it was said: May Allaah not let him achieve any good,
thus he is given the opposite of what he was asking for.. 

The phrase “has associated something with Allaah (shirk)”
refers to major shirk, if he believes that the amulet itself bring benefits
or wards off harm without the command of Allaah. Otherwise it is minor
shirk. 

End quote from al-Qawl al-Mufeed Sharh Kitaab al-Tawheed
(1/189). 

Whoever is given a gold item of this type should not wear it.
He may sell it but he should erase some of its markings before selling it so
that it cannot be worn, and has to be melted down and made into something
new. 

And Allaah knows best.