Fake divorce in the court so that the wife can get assistance from the state

My father is Syrian and my mother is Emirati, and we live in the Emirates. The Emirates government gives assistance to divorced Emirati women and also gives a loan, to be repaid in instalments, to build a house. Can my father divorce my mother in the court, not with the intention of really divorcing her (talaaq), but only in order to obtain this assistance and to get the loan to build a house, because we are a big family and my father has two wives, and we are twenty people. My father’s intention is not really to divorce my mother; rather it is for the purpose of obtaining the assistance. If it is not halaal, he will divorce her and make that sacrifice so that we can get the house, because life is full of difficulties.

Praise be to Allaah.

Firstly:

Allah has ordained divorce (talaaq) to dissolve the marriage contract, which is a firm and strong covenant. Allah says (interpretation of the meaning): “and they have taken from you a firm and strong covenant” [an-Nisa’ 4:21].

No one has the right to use divorce except in a serious manner and for a reason.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: The Lawgiver forbids treating the verses (laws) of Allah as a jest or to speak of the verses of Allah that are covenants, except in a serious manner that shows commitment to the shar‘i conditions and obligations. Hence it is forbidden to take them as a jest as it is also forbidden to engage in a tahleel marriage (in which an irrevocably divorced woman marries another man with the intention of getting divorced so that she can go back to her first husband). This is indicated by the words of Allah (interpretation of the meaning): “And treat not the Verses (Laws) of Allah as a jest” [al-Baqarah 2:231]. And the Prophet (blessings and peace of Allah be upon) said: “What is wrong with people who play with the limits of Allaah and take His verses (laws) as a jest, and one of them says, ‘I divorce you, I take you back, I divorce you, I take you back’?” Thus it is established that tampering with them (the laws and limits set by Allah) is haraam. Continue reading

Asking the Muslim about the state of his heart and his faith

Is it permissible to ask the Muslims – when meeting with them – about the state of their faith or their hearts? One of them said to me that this is a matter of the unseen and that it is not appropriate to ask about it.

Praise be to Allaah.

What is prescribed for the Muslim is to encourage those he meets to adhere to the truth in word and deed, and to be patient in doing that and calling people to it, as Allah, may He be exalted, says (interpretation of the meaning):

“By Al-Asr (the time).

Verily! Man is in loss,

Except those who believe (in Islamic Monotheism) and do righteous good deeds, and recommend one another to the truth (i.e. order one another to perform all kinds of good deeds (Al-Maroof )which Allah has ordained, and abstain from all kinds of sins and evil deeds (Al-Munkar )which Allah has forbidden), and recommend one another to patience (for the sufferings, harms, and injuries which one may encounter in Allah’s Cause during preaching His religion of Islamic Monotheism or Jihad, etc.).”

[al-‘Asr 103:1-3].  Continue reading

Can he accept help from the state?

Is acceptable in our religion to get money from government like child and family benefit?.

Praise be to Allaah.

There is nothing wrong with accepting help from the state, if the conditions set out for help apply to you, such as having a certain number of children, or if you have a low income and so on. What is forbidden is using tricks and lies to get this help.

The basic principle with regard to accepting this money is the reports narrated by al-Bukhaari (7164) and Muslim (1045) from ‘Umar (may Allaah be pleased with him) who said: The Messenger of Allaah (blessings and peace of Allaah be upon him) used to give us things, and I would say: Give it to one who is more in need of it than me. Then on one occasion he gave me something, and I said: Give it to one who is more in need of it than me, and the Messenger of Allaah (blessings and peace of Allaah be upon him) said: “Take it. Whatever of this wealth comes to you when you are not hoping for it or asking for it, take it, otherwise do not hanker after it.”

Because it was money that was given voluntarily by the giver, without there being any harm or humiliation connected to taking it, so there was nothing wrong with him accepting it.

It makes no difference in this regard whether the government is Muslim or non-Muslim, so long as that does not result in compromising one’s religious commitment in any way.

And Allaah knows best. Continue reading

Ruling on the children of the mujaahideen who fought against French colonialism taking money from the state

In one of the Muslim Arab countries, the state gives a stipend to the daughters of those who took part in the revolution against French colonialism and were killed in battle. Is this stipend halaal? Whether this woman needs this money or not? Or is it regarded as consuming people’s wealth unlawfully, because in this country there are others who are in need and are poor?.

Praise be to Allaah.

What the Muslims did by striving in jihad against the hated French colonialism is a great deed, and we ask Allaah to have mercy on those of them who were killed, and to accept them as martyrs.

Everyone who took part in this jihad of the Muslims deserves to be praised, and what the state has done of honouring them and their children is one of its responsibilities towards these heroes. They are the ones who deserve to be honoured, not the players, actors and singers whom most nations – unfortunately – hasten to honour and bestow gifts upon.

Based on that, this does not come under the heading of consuming people’s wealth unlawfully, rather it is one of the duties of the state. But the state should also take care of the poor and needy. It should give to them, honour them and ensure work and provision for them. If they fall short in that, it does not mean that what the mujaahideen and their children take from the state is haraam.  Continue reading

Stealing electricity from the state on the grounds that it does not give its citizens their rights

What is the ruling on stealing electricity from the state? Please note that the state does not give citizens their rights in all things.

Praise be to Allaah.

It is not permissible to steal electricity from the state, whether that is done by tinkering with the electricity meter, or by using tricks to avoid paying bills, or by any other means, because that involves cheating, deceiving and consuming people’s wealth unlawfully.

The fact that the state does not give the citizens their rights does not make it permissible to steal from the public wealth. These resources, such as electricity and other things, belong to the Muslims as a whole, so stealing from them is a transgression against the public wealth, not only against the government and its employees.  Continue reading

Praying on board an airplane when one is in a state of janaabah (impurity)

It may so happen during a long journey that some travellers fall asleep in their seats and may experience wet dreams, or a traveller may board the plane having forgotten that he is in a state of janaabah, or a woman may become pure from her period or post-natal bleeding when the time for Fajr prayer begins. The plane will not reach the other country until after that time is over, and the safety regulations on board the plane absolutely forbid taking a bath in the washroom because the facilities are not suited for that. What should one do?

Praise be to Allaah.

If it is possible to do tayammum using the furnishings of the airplane, then you should do so. If that is not possible because they are free from dust, then you should pray even if you are not taahir, then as soon as you are able to purify yourself after that, then do so. Continue reading

Mosques built by a Kaafir state for its Muslim inhabitants

We are Muslims living ina kaafir state, and the government has now started to build some mosques in the places where Muslims live. Is it permissible for us to recognize these mosques even though we have no built them ourselves at the time when we are able to do that, and even though their roofs are made of leaves from trees, knowing that the government is currently keen to please the Muslims so that the Muslims will stop opposing the government? We should also note that we do not know where this help is coming from, is it really from the government or from our Muslim brothers overseas? We hope that you can give us a reply.

Praise be to Allaah.

It is well known that governments and the peoples under their rule share different kinds of rights and duties, financial, physical and moral. If the situation is as you mention, that the government under whose care you are in Christian, and that it has started to build mosques in the Muslim areas and that it is fulfilling its duties towards those who are under its care, and meeting their needs and providing them with worldly and religious public facilities in return for the Muslims’ doing their duties towards it and the benefits it earns from them, then in this case there are no reservations about you accepting the mosques that it is providing in fulfilment of its duties towards you. But this should not involve any reminder to you of its favours, or expectation of something in return . indeed, you should accept these mosques and ask for more and for the establishment of Islamic schools. You should not be deterred from asking for all your rights, religious and secular, just because you have been given some of them.

You should also cooperate amongst yourselves to establish other facilities such as mosques, Islamic schools and anything else that you need, whilst also taking care that the stewardship and supervision of mosques and schools etc., built for you by the government should be given to Muslims, not to others, so that nothing happens in them that goes against sharee’ah. This is in accordance with the words of Allaah (interpretation of the meaning):

“Help you one another in Al-Birr and Al-Taqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2]

As regards the money that was spent by the government, you do not need to know where it came from, because there is no daleel to suggest that this is necessary. Continue reading

The state does not allow them to broadcast the adhaan via loudspeakers; what should they do?

first i want to thank you for the proofs about music. may allah bless you all. its a great job. i want to ask you a question about azaan. infact i am from mauritius and few weeks back a problem break out about azan. what happen exactly is that a person filed a case against a mosque in mauritius simply because he is disturb by his azan. at night. esha. thus the court gave it verdict that we should not use loud speakers to give azzan. and its has created great confusion and worry as well as tention in every corner of mauritius and nowall the muftis and ulemas are joining together to find a solution. some even warn the government with such word”””DON”T TOUCH OUR AZAAN””‘
i just want to know if it is necessary to create such as big issue out of this matter. infact the proofs you brought about music has convinced me that music is not allowed at all. that why i feel that perhaps you will give me heavy proof about AZAAN also . in the context we are living in in mauritius and as ou must be aware of mauritius is a multicultural country. so should we fight for our Azaan or we can accept it. it can create war. the matter is becoming very serious.

Praise be to Allaah.

Firstly:

Mauritius is a small island in the middle in the Indian Ocean, approximately 500 miles from Madagascar. It is isolated and not many people know about it because of its small size and remoteness. It is located east of Madagascar and was discovered by the Arabs several centuries before the arrival of the Europeans. To the south west lies the island of Reunion. Despite this distance and remoteness, Islam reached it in 923 AH/1510 CE. The island was occupied by Britain until it won independence in 1388 AH/1968 CE. The number of its inhabitants in 2002 CE was 1,189,825.

The ratio of Muslims is 20% of the population, i.e., 215,000; 55% are Hindu and 20 % are Christian.

End quote. Summarized from Wikipedia. Continue reading

Ghusl is obligatory when one is in a state of janaabah (impurity)

Ghusul
I had intercourse with my husband and had my hair done just before that (I have Hijab). Do I have to rinse my hair entirely or can I just wipe it with water from the outside. May God reward you with goodness.

Praise be to Allaah.

When performing ghusl because of janaabah (impurity, e.g. after intercourse), both men and women must wash their heads and ensure that the water reaches the roots of the hair; it is not sufficient merely to wipe the head. A woman who wears her hair in braids is excused from having to undo her braids when doing ghusl because of janaabah, due to the difficulty involved in doing them up again. The evidence (daleel) for this is the hadeeth of Umm Salamah (may Allaah be pleased with her), who said: “I said, ‘O Messenger of Allaah, I am a woman who wears her hair in braids. Do I have to undo my braids when I make ghusl because of janaabah?’ He said, ‘No, it is enough if you pour water on your head three times, and then over the rest of your body. That will make you clean.’” (Reported by Muslim, no. 497).

But in the case of a woman who has ended her period or nifaas (post-natal bleeding), she has to undo her braids when she does ghusl. And Allaah knows best. Continue reading

One who wipes his socks although he was not in a state of tahaarah (purity) when he put them on

For a while I was wiping my socks although I had not been in a state of tahaarah when I put them on, because I did not know about the ruling on this matter. What is the ruling concerning the prayers I offered during that time?

Praise be to Allaah.

You must repeat and make up those prayers which you did when you were wiping your socks although you had not been in a state of tahaarah when you put them on. Continue reading