Child marriage in Islam is subject to the condition that it serve a clear and real interest

From my understanding, Islamic Law states that if a girl passes puberty, she is allowed to be married – regardless of whether she is 9, 11, 15 etc Does the law take into consideration her emotional and mental readiness to be married, despite the physical ability to be able to bear children? It disturbs me that young girls who pass puberty are automatically believed to be whole-heartedly ready for marriage and motherhood JUST because she is physically able to do so. Isnt it equally important that she is emotionally and mentality ready for this role?
Also – does Islamic Law also state that if a boy passes puberty (regardless of his age), he is ALSO allowed to be married?.

Praise be to Allaah.

Firstly:

It is permissible for a man to arrange a marriage for his young son even if he has not reached puberty; it is also permissible for him to arrange a marriage for his young daughter even if she had not reached the age of puberty. It was narrated that there was consensus on this point, but that is provided that compatibility is taken into account and that a clear and real interest is served by this marriage.

Ibn ‘Abd al-Barr (may Allah have mercy on him) said:

The scholars are unanimously agreed that the father may arrange a marriage for his young daughter without consulting her. The Messenger of Allah (blessings and peace of Allah be upon him) married ‘Aa’ishah when she was six years old. Continue reading

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Stipulating a condition [about exiting ihram] in Hajj and ‘Umrah for one who is afraid that her menses may come

A woman wants to do ‘Umrah but there is the possibility that her period may come after she enters ihram and before she does tawaaf. Can she stipulate a condition [about exiting ihram] because she is afraid that she may hold her family up?.

Praise be to Allaah.

If a woman wants to do ‘Umrah but is afraid her menses may come before she completes it, she may stipulate a condition [about exiting ihram], then if she gets her menses she can exit ihram and will not have to do anything.

The basic principle about it being permissible to stipulate such a condition is the report narrated by al-Bukhaari (5089) and Muslim (1207) from ‘Aa’ishah (may Allah be pleased with her) who said: The Messenger of Allah (blessings and peace of Allah be upon him) entered upon Dubaa‘ah bint az-Zubayr and said to her: “Perhaps you want to do Hajj?” She said: By Allah, I am always in pain. He said to her: “Go for Hajj but stipulate a condition and say: O Allaah, I will exit ihram from the point where You have prevented me (from continuing, if some problem should arise).”  Continue reading

Benefit of stipulating a condition [about exiting ihram] when entering ihram

What is the benefit of saying, when one wants to enter ihram for Hajj or ‘Umrah: “If something prevents me (from continuing), I will exit ihram from the point where I am prevented”?.

Praise be to Allaah.

It is prescribed for the one who wants to enter ihram for Hajj or ‘Umrah to stipulate a condition [about exiting ihram] when entering ihram, if he is afraid that some obstacle may prevent him from completing Hajj and ‘Umrah. So he should say: “If something prevents me (from continuing), I will exit ihram from the point where I am prevented”, because of the report narrated by al-Bukhaari (5089) and Muslim (1207), according to which the Messenger of Allah (blessings and peace of Allah be upon him) said to Dubaa‘ah bint az-Zubayr when she wanted to do Hajj but she was sick: “Go for Hajj but stipulate a condition and say: O Allah, I will exit ihram from the point where You have prevented me (from continuing, if some problem should arise).”  Continue reading

A vendor imposed a condition that a prospective purchaser has to pay him some compensation if he does not buy

They imposed a condition that if he did not buy the product from them, he would have to pay them compensation if they sold it at a loss. Is this an invalid condition? For example, he came and said, “I want to buy such and such a product” and they said, “We will bring it from America and if you do not buy it, and we sell it to someone else at a loss, you will have to compensate us because you broke your promise.” Is this an invalid condition?

Praise be to Allaah.

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

Yes, this is an invalid condition.

And Allâh knows best. Continue reading

It is not permissible to rent a house to him on condition that he gives a loan

There is a system in our country for renting out houses, and it is as follows:  ,لاق. The house is rented out in return for a specific, symbolic amount of money, such as 5000 dirhams, as a loan for a period of one year, even if he (the landlord) does not need this money, but it is just to guarantee that the renter will move out after the rental period is over, in return for living in the house for a limited period of one year. After that period has ended, the same money is returned, with nothing added or subtracted, as well as taking an annual rent of 10,000 dirhams. Is this regarded as a form of riba?.

Praise be to Allaah.

Yes, it is not permissible for a transaction to be accompanied by a condition of giving a loan; if the lender will benefit from this loan by having the price reduced or anything else, then that benefit is a kind of riba.

It is proven that the Prophet (peace and blessings of Allaah be upon him) forbade combining a sale with a loan, and he (peace and blessings of Allaah be upon him) said: “It is not permissible to arrange a loan combined with a sale.” Narrated by Abu Dawood (3504) and al-Tirmidhi (1234); classed as hasan by al-Albaani in Irwa’ al-Ghaleel (1307).  Continue reading

Is it permissible to buy a company on condition that one pay off its debts?

Is it permissible to buy a company that owes money, on condition that the purchaser take on these debts?

Praise be to Allaah.

That is permissible if he takes on the debts in return for taking possession of that company, whether he pays a sum of money to its owner or he takes possession in return for taking on the debts only, such as saying, “I will buy this company for 500,000 and pay 300,000 to you in cash and take on 200,000 that the company owes to people. Continue reading

A donor has stipulated a haraam condition for a waqf; do we have to fulfil it?

We live at this moment in Europe, but I’m planning to return to my country Morocco as soon as I finish my studies. We own a house there, which actually belongs to my father. My father is very sick lately and is suffering cancer. He feels that his end is near, therefore he wants to do good deeds (sadaqa djariah). Our family always practiced sufism and a part of my family still does. My father believes that he would be doing well by letting people do dhikr in de sufi way at our home in Morocco. He wants me to promise him to keep those people coming there even when he dies.
 My question is: How can I convince my dad that those actions are bid’ah?
If he still doesn’t agree, can I break my promise and refuse those people into our house?

Praise be to Allaah.

Undoubtedly ongoing charity is one of the righteous good deeds that remain after a person dies, and its reward will continue to reach him whilst he is in the world of the dead. Hence Islam encourages such actions. It was narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When a person dies, all his good deeds come to an end apart from three: ongoing charity, beneficial knowledge and a righteous child who will pray for him.”

Narrated by Muslim, 1631  Continue reading

Suhoor is not a condition for fasting to be valid

except ramadan can i go fasting like every monday and thursday with doing sahur like i could not get up for fajr and sahur in this case can i fast without sahur?

Praise be to Allaah.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: “Suhoor is not a condition for fasting to be valid, rather it is mustahabb (recommended), because the Prophet (peace and blessings of Allaah be upon him) said: “Have suhoor, for in suhoor there is blessing.” (Agreed upon).  Continue reading

The condition he put in his vow came to pass, but it was not exactly what he had in mind

A person vowed that if his work contract was renewed, he would give a certain amount in charity. In his mind he meant that this was if it was renewed for a year, but it turned out that his contract was renewed for three months. He did not utter the words “one year”. Is he under any obligation?

Praise be to Allaah.

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

No, he is not under any obligation. And Allah knows best. Continue reading

Condition of saying Bismillaah in order for meat to be halaal

What is the ruling on saying Bismillaah over the sacrifice, especially if the slaughterman does not pray?.

Praise be to Allaah.

Meat slaughtered by one who does not pray is not halaal, whether he says the name of Allaah over it or not. See question no. 70278.

With regard to saying Bismillah when slaughtering meat, the fuqaha’ differed concerning that and there are three points of view:

1 – That it is mustahabb only, which is the view of al-Shaafa’i.

2 – That it is a condition of the meat being halaal, but if a person forgets it by mistake it is still permissible. This is the view of the Hanafis, Maalikis and Hanbalis.

3 – That it is essential and cannot be waived under any circumstances, whether it is omitted by mistake or deliberately or out of ignorance. This is the view of the Zaahiris and was narrated from Maalik and Ahmad, and it was the view of some of the salaf; it was also the view favoured by Shaykh al-Islam Ibn Taymiyah. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: It is the correct view.

He also said: They quoted as evidence the general meaning of the verse in which Allaah says (interpretation of the meaning):

“Eat not (O believers) of that (meat) on which Allaah’s Name has not been pronounced (at the time of the slaughtering of the animal)”

[al-An’aam 6:121]

And the Prophet (peace and blessings of Allaah be upon him) said:

“If the blood flows and the name of Allaah is mentioned, then eat.” So in order for the meat to be halaal, it is essential that the name of Allaah be mentioned. It is well known that if the condition is not met, the thing is invalid, so if the name of Allaah is not mentioned, the meat is not halaal, as with any other condition. Hence if a person prays but he forgot to do wudoo’, he has to repeat the prayer. Similarly if he prays not realizing that he had broken his wudoo’ because he thought that breaking wind does not invalidate wudoo’, or that eating camel meat does not invalidate wudoo’, for example, then he must repeat it, because the thing is not valid without the conditions being met. So if he slaughtered it but the blood did not flow, by mistake or out of ignorance, then it is not halaal, and the same applies if he does not mention the name of Allaah, because it is mentioned in the same hadeeth. End quote from al-Sharh al-Mumti’ (6/358).

See also: al-‘Inaayah Sharh al-Hidaayah (9/489); al-Fawaakih al-Dawaani (1/382); and al-Majmoo’ (8/387).

Based on this, he should not slaughter sacrifices or anything else unless he is one of those who pray regularly, and it is essential that he mentions the name of Allaah when slaughtering and says Bismillaah (in the name of Allaah).

It is also mustahabb to say takbeer, so he should say: Bismillaah, wa Allaahu akbar (In the name of Allaah and Allaah is Most Great).

Al-Bukhaari (5558) and Muslim (1966) narrated that Anas (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) sacrificed two horned black and white rams. I saw him placing his foot on their sides, and he said the name of Allaah and he said takbeer, then he slaughtered them with his own hand.

And Allaah knows best. Continue reading