Question:

Assalam Wa alaikum wa rahmatullahi wa barakatuhu, My question is, is it allowed to marry a non-Muslim girl? Even if she looking forward to convert into a Muslim later on in future.

Country: Saudi Arabia

Answer:

Wa alaykum salam wa rahamtuLlahi wa barakatuHu,

Imam Nawawi mentioned the non-Muslim woman as one of three types:

1) A woman from the People of Revealed Books (meaning a Christian or Jew), she is permissible with certain conditions.

2) A woman from people who have no revealed scripture, she is not permissible.

3) A woman from people who have something which is doubtful of being a revealed scripture (like the Majusi), she is not permissible.

(See: Rawdat al-Talibin v. 5, p. 441-442 Maktabah Tawfiqiyyah print, v. 7, p. 135 Maktab Islami print.)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

When in the at-tahiath does one shake the finger for kalima or does one not?

Country: India

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In Tuhfat al-Muhtaj v. 2, p. 80, it is stated that one raises the finger at the hamzah in the phrase إلا الله in the tashahhud and does not put in down until the end of the tashahhud. The raising of the finger signifies, in both word and deed, one’s testimony to Allah’s Oneness. Additionally, one does not shake the finger back and forth [tahrik]; in fact, it is disliked.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

As Salaamu Alaykum. I am facing a situation where my dad is telling me to divorce my wife because she is my cousin.  Now some of my relatives are saying I must obey him based on the hadith where Ibn Umar radiyallahu anhu was married to a woman and his father Umar ibn Khattab told him to divorce her.  When they came to the Prophet, he said obey your father and divorce her. Do I have to divorce my wife if my father orders me?

County: United States

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The hadith which you have cited is related by Imams Abu Dawud v. 4, p. 449, Tirmidhi v. 4, p. 65, Ahmad b. 10, p. 17, Ibn Hibban v. 2, p. 170 and others on the authority of Ibn ‘Umar who was married to a woman he loved, while his father disliked her. His father, ‘Umar commanded his son to divorce that woman. Ibn ‘Umar refused. Then, ‘Umar mentioned this to the Prophet (SallAllahu alayhie wa sallam) who said, “O Abd Allah! Divorce her.”

The scholars differed on whether this hadith implies that one must divorce his wife in such a case or if it is something recommended, meaning mustahabb. In Irshad al-Sari v. 8, p. 127, Qastalani related this hadith, and cited Ibn al-Rif’ah that a son’s divorcing his wife upon his father’s command is under the type of talaq which is mustahabb. In Fath al-Mu’in v. 4, p. 4-6, along with Shata’s commentary I’anat al-Talibin, Zayn al-Din al-Malibari mentioned the case of a divorce at one’s parents command and listed it similarly, as being mandub. This is with the added detail that it only be so when the order is based on a valid reason.

Thus, the ruling is that it is recommended to follow one’s parents’ orders in such a case, in the instance that they are requesting it for a sound reason.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

As salamu alaykum, What is the ruling on salams to the opposite gender?

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

To note, Imam Nawawi wrote on the issue of salams in two places. In Kitab al-Adhkar p. 352-376 and in Sharh al-Muhadhdhab v. 4, p. 318-429. In Sharh al-Muhadhdhab, page 425, Imam Nawawi stated,

“The salam of women upon women is like that of men upon men in all that was previously mentioned. Our As-hab stated, ‘If a man gives salams to a woman or a woman to a man, while between them is a relationship of being unmarriageable, or a marital relationship, or she is his slave-girl, then it [salams] is sunnah. Additionally, replying to it is obligatory. If not, then it is not obligatory; unless, that she is an old lady from whom one does not expect to find fitnah.’ Mutawalli mentioned, ‘If one gives salams to a young woman stranger, then it is not permissible for her to reply.’ If she gives salams, then it is disliked that one reply. If the woman are in a group and a man gives salams to them, or the men are in a large group and they give salams to a woman, then that is sunnah, when there is no fear for him, the group of women, or the woman, of a fitnah…”

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

Assallam Alaikum Wa Rahmat Allah, Is it halal or haram to keep and buy and sell cats? I am wondering what is our Madhhab’s view on cats.

Country: USA

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In his Fatawa v. 4, p. 240, Ibn Hajar al-Haytami discussed some details which pertain to owning and buying or selling a cat. Firstly, it is recommended to raise and breed them. And secondly, he mentioned that it is permissible to buy or sell a domesticated cat, but not a wild one.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

As salamu alaykum, Can the Mufti please clarify the issue of the Raf ul yadain. Shukran.

Country: South Africa

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

By raf’ al-yadyan, we understand that the question is on the topic of lifting one’s hands shoulder level while transitioning between the prayer’s different postures, for example while coming up from ruku’ or while going into ruku’. The ruling on this in the Shafi’i Madhhab is that it is sunnah. This is based on the hadith found in the Imam Bukhari’s Sahih v. 1, p. 188 on the authority of Nafi’ that Ibn ‘Umar would, “when he entered the prayer make takbir and raise his hands, and when he would make ruku’ he would raise his hands, and when he would say, ‘samia’ Allahu li-man hamidahu,’ he would raise his hands; and Ibn ‘Umar ascribed [رفعه] this practice to Allah’s Prophet (SallAllahu alayhie wa sallam).”

According to the Madhhab, raf’ al-yadayn is made for the first takbir, while going into ruku’, coming up from ruku’, and also after standing up after the first tashahhud. In Sharh al-Muhadhdhab v. 3, p. 320-28, Imam Nawawi has written in detail on the topic from the perspective of the evidence and has discussed many other details too. Noteworthy, is the amount of companions and authorities from amongst the salaf who maintained the view; based on the well-authenticated hadith evidence. There, Imam Nawawi very much relies on the works of his (our) two predecessors, Imams Bukhari and Bayhaqi. Those interested in a more elaborate discussion on the topic may refer to Sharh al-Muhadhdhab for additional reading.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

How to perform sunnate maokadda before zuhr prayer. A pair of 2+2 or 4 at once. Please clarify.

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

There are two established rak’ahs before the zuhr prayer from the ten rawatib that should accompany the five daily prayers. These first two are emphasized [sunnah mu’akkadah]; and one may add two more if one wants they are encouraged [sunnah]. (Nihayat al-Muhtaj 2/108, 110; Rawdat al-Talibin 1/327) If one does pray the four rak’ahs before zuhr, then making a taslim between them is sunnah. (Sharh al-Muhadhdhab 4/10)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

Assalaamu ‘alaykum wa rahmatullaahi wa barakaatuh, I read somewhere that it is recommended to delay the ‘Isha prayer (for women). If this is true then at what time does ‘Isha salaah end? Jazaak ‘Allah Kheir.

Answer:

Wa alaykum salam wa rahmatulLlahi wa barakatuHu,

The best time [fadilah] in which the ‘isha prayer is performed is the first of its time. The preferred time [ikhtiyar] lasts up to one-third of the night – and in another view half. The merely permissible time [jawaz] lasts up to morning [tulu’ al-fajr]. (Rawdat al-Talibin 1/182; Sharh al-Muhadhdhab 3/39-40)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:
As’salaam Alaikum. Are there any Authentic Hadith from the Prophet Muhammad (s.a.w) regarding reciting Qunut in salat al-fajr? if so, can you please provide us with the daleel’s. May Allah accept it from you.. aamin!!:)

Country: Maldives

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

This issue has been discussed in the following writings:

http://www.shafiifiqh.com/the-shafii-ruling-as-well-as-proofs-for-qunut-in-salat-ul-fajr/

http://www.shafiifiqh.com/does-one-recite-the-qunut-aloud-in-salah/

http://www.shafiifiqh.com/raising-the-hands-in-qunut-what-is-the-proof/

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

Question:

What is the 3awrah of a muslim woman in front of a non-muslim woman? I know that there are at least two positions in shafi3i madhab: 1) it is the same as non-mahram male 2) it is what is shown when working. Which position is the most reliable – mu3tamad? Jazaakum allah.

Country: Denmark

Answer:

Wa alaykum salam wa rahamtuLlahi wa barakatuHu,

The relied-upon opinion maintains that a Muslim woman may not expose herself to a non-Muslim woman. Others authorities in our School have also maintained that they are both merely considered as women; thus, belonging to a different religion does not restrict the issue of looking. A ruling along these lines is related from Ghazzali in Wasit and also given credence by Ruyani in his Bahr. This difference of opinion is referred to by the phrase, al-asahh, in Minhaj. What is related here from Ghazzali and Ruyani is not the relied-upon opinion; the relied-upon is the first.

Then, the first opinion entails two approaches: 1) that a woman may not expose anything of herself and 2) that she does not expose herself beyond what is shown when working ما يبدو عند المهنة.

The first opinion is related from Qadi Husayn, Baghawi, Mutawalli, and given preference to by Bulqini, Ibn al-Naqib, and others.

The second opinion is stated by Ibn Hajar in Tuhfah v. 7, p. 200, Ramli in Nihayah v. 6, p. 195 and by Khatib in Mughni v. 4, p. 213. Their reliance is on what is found in Rawdah and Fath al-‘Aziz. From scholars who come after them, in I’anat al-Talibin v. 3, p. 519, Abu Bakr Shata stated that this is the opinion – stated to be mu’tamad – which the three of them maintain. This is also the stance stated by Mahalli, which Qalyubi stated to be mu’tamad. (Kanz al-Raghibin w/ Qalyubi v. 3, p. 211)

While considering the second view, in the mentioned passages, ما يبدو عند المهنة is not further defined, while in other places, the ulama do mention more details. For instance, in Wasit v. 5 p. 32, Ghazzali included the head, neck, and parts of the shins and forearms. Ibn al-Salah related a similar assessment from Imam al-Haramayn in his commentary on Wasit. Additionally, Ibn al-Salah noted that some works restrict one’s exposing the forearms and shins to half. Furthermore, in his commentary on Tuhfah v. 2, p. 112, ‘Abd al-Hamid al-Sharwani cited a similar assessment from Khatib in Mughni, there see v. 4, p. 210; and in Tuhfah v. 7, p. 194.

It should also be noted that this is for the case when the non-Muslim woman is not related. Otherwise, then it is permissible for her to look at the Muslim woman – except for that which is between the navel and the knees. (See: Nihayat al-Muhtaj w/ Shabramallisi v. 6, p. 195)

And Allah knows best.

Shafiifiqh.com Fatwa Dept.