It is haraam for a man to shake hands with a non-mahram woman in the Maaliki madhhab

I want to know in what reference it says that Imam Maalik forbade a man to shake hands with a non-mahram woman. 
There is an opinion which says that there are four possible scenarios, and in only one is it regarded as haraam for a man to shake hands with a non-mahram woman. These four scenarios are: when the one who is shaking hands does it for the sake of pleasure and finds pleasure in it; when he does it for the sake of pleasure but does not find pleasure in it; when he does not do it for the sake of pleasure but finds pleasure in it; and when he does not do it for the sake of pleasure and does not find pleasure in it.
Who is the author of this opinion? Does he belong to the Maaliki madhhab?.

Praise be to Allaah.

Firstly:

In Mukhtasar al-Akhdari and other Maaliki books there is an indication that it is haraam to shake hands with a non-mahram woman according to the madhhab of Maalik (may Allah have mercy on him).

‘Aleesh said in Minah al-Jaleel Sharh Mukhtasar Khaleel (1/22): It is not permissible for a man to touch the face or hand of a non-mahram woman, and it is not permissible for them to put their hands together without a barrier. ‘Aa’ishah (may Allah be pleased with her) said: The Prophet (blessings and peace of Allah be upon him) never accepted the oath of allegiance (bay‘ah) of a woman by holding her hand; he would accept women’s oath of allegiance verbally. According to another report: His hand never touched the hand of a woman; rather he would accept their oath of allegiance verbally. End quote. Continue reading

The hadeeth about the blind man that is quoted as evidence by those who seek to draw closer to Allah (tawassul) by virtue of the dead

Whilst I was reading Saheeh al-Jaami‘ as-Sagheer, I came across a hadeeth (1279) that says: “O Allah, I ask You and I turn to You by virtue of Your Prophet Muhammad, the Prophet of mercy; O Muhammad, I turn by virtue of you to my Lord concerning this need of mine, that it might be met for me. O Allah, or accept his intercession for me.” I was confused about this hadeeth. Is there any evidence in it for those who seek to draw close to Allah (tawassul) by virtue of the dead, as is done by worshippers of graves and their ilk? How can we interpret this hadeeth?.

Praise be to Allaah.

Imam Ahmad and others narrated with a saheeh isnaad from ‘Uthmaan ibn Haneef that a blind man came to the Prophet (blessings and peace of Allah be upon him) and said: Pray to Allah to heal me. The Prophet (blessings and peace of Allah be upon him) said: “If you wish, I shall pray for you; and if you wish, I shall delay that for you and that will be better for you.” [According to another report, he said: “… Or if you wish, you can be patient and that will be better for you.”] He said: Pray for me (now). So he instructed him to do wudoo’ and do it well, then to pray two rak‘ahs and say this du‘aa’ (supplication): “O Allah, I ask You and I turn to You by virtue of Your Prophet Muhammad, the Prophet of mercy. O Muhammad, I turn by virtue of you to my Lord concerning this need of mine, that it might be met for me. O Allah, accept his intercession concerning me and accept my intercession concerning him.” So the man did that and he was healed. Continue reading

Should the hair of the deceased man be put into three braids, as is done for a woman?

It is mentioned in a hadith about the washing of the daughter of the Prophet (saw) that the hair of the women is to be divided in three parts, the two sides and the center. What is the sunnah in regards to men? Is it the same? At a recent funeral, a brother parted the hair of the deceased person from the middle saying that was the sunnah.

Praise be to Allaah.

The Sunnah is the put the hair of a deceased woman into three braids. It was narrated that Umm ‘Atiyyah (may Allah be pleased with her) said: One of the daughters of the Prophet (blessings and peace of Allah be upon him) died. The Prophet (blessings and peace of Allah be upon him) came to us and said: “Wash her with lotus leaves an odd number of times, three, or five, or more than that if you see fit, and put camphor in (the water) the last time, or a little camphor. And when you have finished, let me know.” When we had finished, we let him know, and he gave us his waist wrapper (to shroud her in). And we put her hair into three braids and put them behind her.  Continue reading

A man and his wife, son and daughter died in an accident; how should their estates be divided?

My sister and her husband, son and daughter died in an accident.
The wife and husband died at the same time.
Then the daughter died four days later, and the son died four days after his sister.
The wife had a mother, brothers and sisters through the father and mother, brothers and sisters through the father only, and brothers and sisters through the mother only.
The husband had brothers and sisters through the father and mother.
How should the estate be divided among them?.

Praise be to Allaah.

If a number of people die in an accident or in a collapsed building or fire, and they could inherit from one another because of marriage or blood ties, the one who dies later inherits from the one who dies earlier. If they die at the same time, they do not inherit from one another.

Shaykh Ibn ‘Abbaas (may Allah have mercy on him) said: If two or more people who could inherit from one another die in a collapsed building, by drowning, in a fire or plague and the like, then there are five scenarios, one of which is that if one of the two who could inherit from one another dies after the other, even if only by a moment, then the one who dies later inherits (from the one who dies first), according to scholarly consensus.

The second scenario is that if they die at the same instant, there is no inheritance, according to scholarly consensus.

End quote from al-Fawaa’id al-Jaliyyah fi’l-Mabaahith al-Fardiyyah.  Continue reading

Ruling on a man who divorced his wife three times when he was under the influence of witchcraft

What is the ruling on a man who divorced his wife three times when he was under the influence of witchcraft, and now he does not remember how he divorced her and does not know what happened?.

Praise be to Allaah.

For a divorce to count as such, it is stipulated that the husband should be of sound mind and do it voluntarily. If he is not of sound mind or he is forced to do it, then his divorce does not count as such.

Ar-Ruhaybaani (may Allah have mercy on him) said: The Muslims are unanimously agreed that if a person loses his mind and that is not the result of consuming an intoxicant that is haraam, such as in the case of sleep, loss of consciousness, insanity, taking medicine that makes one lose one’s reasons, or sickness, then his divorce does not count as such.

End quote from Mataalib Ooli’n-Nuha, 5/322.  Continue reading

Who is the mahram with whom a woman can travel and who can act as a “chaperone” to prevent khulwah between a man and woman who are not related to one another?

How old should a person be to qualify as a mahram according to sharee‘ah? I heard that once a boy reaches the age of four, he may be a “chaperone” to prevent khulwah. Is he regarded as a mahram, or is it only an adult who is regarded as a mahram?.

Praise be to Allaah.

Firstly:

It should be noted that this question covers two issues: who is a woman’s mahram for the purpose of travel, and who is the one who is a “chaperone” and prevents forbidden khulwah between a man and a woman who is not his mahram? It is not essential for the one who prevents khulwah to be a mahram, as we shall see below, in sha Allah.

Secondly:

A woman’s mahram is anyone whom she is permanently forbidden to marry, because of blood ties, breastfeeding or ties through marriage, such as her father, son, or brother.

Is it essential for the mahram to be an adult? This was stipulated by the Hanbalis, but the majority of scholars are of the view that if the mahram is a boy who has reached the age of discernment and is close to puberty, and the woman feels safe when he is with her, then that is sufficient, and they regarded the boy who is close to the age of puberty as coming under the same ruling as an adult.  Continue reading

Ruling on using a screw made of gold for a man, to fix a tooth

The dentist put a screw made of gold in my tooth, to fix it. Is that permissible or haraam?.

Praise be to Allaah.

The basic principle is that it is not permissible for men to use gold, whether as an adornment or for medicinal purposes, except in cases of necessity.

If a specialist doctor thinks that treatment of the tooth, whether by using a “bridge”, filling it or inserting a screw to fix it, can only be done using gold, there is nothing wrong with that. But if it is possible to treat the tooth just as well using some other material, then it is not permissible to use gold, because of the report narrated by ‘Urfujah ibn As‘ad (may Allah be pleased with him) who said: My nose was cut off on the day of (the battle of) al-Kulaab during the Jaahiliyyah, so I had a nose made of silver, but it began to smell bad, so the Messenger of Allah (blessings and peace of Allah be upon him) told me to get a nose made of gold. Continue reading

She separated from her first husband by means of khul‘ without his consent and married another man, then she went back to her first husband

I was married to my husband islamically and civilly for 27 years and he had a substance abuse problem. We have two grown sons and one grand-daughter. One day I met a knowledgeable Muslim man on the internet as I was inquiring advice about my situation.. This person had written books and I came to trust him. I explained to him my plight and various spiritual experiences that I had. Thats when he told me about “heart softeners” a term I had not heard before. To make a long story short, he took to me emotionally and I him. He wanted me to leave (divorce) my husband and marry him. I went to my husband and honestly explained what had happened in detail and asked him for a divorce. He refused. The learned brother told me because my husband has a substance abuse problem and he (the learned brother) is a practicing muslim, he had more right for me to be his wife. To make a long story short again, at the behest of the new brother, I wrote my husband a letter releasing myself from him (khula) on the grounds of his intoxications. I did iddat and married the new brother. It did not work out with this new brother and we both agreed for divorce after two months. My ex-husband (so I thought) became aware of this and ardently pleaded for me to take him back. Explaining that he was in a long term live in program from the veterans administration and doing well. I told him I would consider. I eventually told him yes. He convinced me that we didn’t have to go through an islamic ceremony because my divorce from him was not valid because I didn’t give him anything for my freedom. He said he forgave me for my indescretion and hoped that Allah would forgive me also. At the time it sounded reasonable and we resumed married life without a ceremony. Now I find myself at unrest wondering am I in fact really married. Please advise me so that I can have no doubts and if there is anything that I need to do.

Praise be to Allaah.

The khul‘ that you did yourself is invalid and has no effect, because the woman does not have the right to annul the marriage contract, either by means of khul‘ or talaaq (divorce), just as she does not have the right to do the marriage contract. Rather the woman may ask to separate from her husband by means of khul‘ if there is good reason to do so, and if he accepts then he is the one who separates from her by means of khul‘ or talaaq. If he does not agree then she should refer the case to the shar‘i judge (qaadi) who will either force him to give a khul‘ or talaaq, or not.  Continue reading

Does a Muslim woman have to cover her face in the presence of a gay man?

Is it obligatory for a Muslim woman to cover her face in the presence of a gay man (homosexual)?.

Praise be to Allaah.

Homosexuality is a great and abhorrent evil which is off-putting to those of sound human nature. One of those of sound nature said: Were it not that Allah, may He be glorified and exalted, told us the story of the people of Loot in the Qur’aan, I would never have thought that a male could be intimate with another male. Hence both the one who does it and the one to whom it is done to be executed. This has been discussed previously in the answer to question no. 27176Continue reading

Should he sell a piece of fine glass to a man who will sell it on the basis that it is a diamond?

My friend works with producing diamonds for a company, and he found a piece of glass of very fine quality, which is so fine that from the outside it looks very much like a diamond. He showed it to one of the jewellers to buy it from him, but my friend is very sure that this man will take it and sell it to someone on the basis that it is a piece of diamond. My friend wants to know whether it is permissible to sell it to him or is it haraam to sell it to him? Is it permissible to sell it to someone else on the basis that it is a piece of glass?.

Praise be to Allaah.

Firstly:

You did not explain to us how your friend found this piece and where he found it?

If this piece of glass has a high value and its owner is looking for it, and your friend found it in the company or on the street and the like, then it is lost property and he must look for its owner for a year. If he does not find him, then he may benefit from it after a year on the condition that if its owner comes some day, he will give it to him — if he still has it — or he will give him its value if he has sold it.

For more information on the rulings on lost property, please see the answer to question number 5049Continue reading