FAQ in the category of Fiqh

1 Is it permissible for men to pluck or to shave the hairs on their body parts?

It is not permissible for men to pluck or to shave the hairs on their legs, arms, shoulders, backs, hips, chests and other places in their body. (The hairs on the face can be shaved but they cannot be plucked) it is not permissible religiously.

The state of the hairs on the body for men;

The removal of the pubic hairs start from under the belly and the hairs around the private parts are removed. It is often asked whether the hairs around the anus can be removed or not.

In Islamic sources the word “anat” is mostly used for the removal of the pubic hair (For instance, see Ghazali, Ihya, I/146,); the anus is not included in that word.

Imam Nawawi gives the following information about the issue: "The part which is sunnah to remove the hairs is around the private parts and the part over them for both genders. In “Kishtabul-Wadai” attributed to Ibn Surayj – I do not think that it was written by Ibn Surayj – I saw some information stating that it is sunnah to remove the hairs around the anus. It is not correct. I have never seen anything like that in a reliable source. If it is thought that they cause dirtiness, then there is no drawback to removing them." (Nawawi, al-Majmu, I/289).

According to Islamic sources, the pubic cleaning is carried out in a way that is easy for the individual: by plucking the hairs, using wax or other material, shaving, etc.

It means there is no sin in not removing the hair around the anus. However, there is no sin in removing the hairs around the anus, either.

It is sunnah to remove the pubic hair every week, to shorten the moustache, to remove the hairs in the armpit and to trim the nails. If a person forms a habit of cutting or shaving his hair on his head every week, it is sunnah to do it every week. It is makrooh (abominable) to delay removing them more than forty days according to all madhhabs (sects). (see Jazari, al-Fiqhu ala’l-Madhahibi’l-arbaa, 2/44-46; Zuhayli, al-Fiqhu’l-Islami, 1/311).

According to Hanafis, it is tahriman makrooh (see Jazari, al-Fiqhu ala’l-Madhahibi’l-arbaa, 2/45).

In addition, the time of the usual haircut should be arranged so that the hair will not have an untidy and ugly appearance. Our Prophet (pbuh) said: “He who has hair on his head should take care of it and keep it clean.”(Naylu’l-Awtar,1/123). It is makrooh to shave some of the hair on the head and to let some of it grow. It is contrary to the practice of our Prophet.  (see Zuhayli, al-Fiqhu’l-Islami, 1/311).

According to Shafiis, it is makrooh to pluck the hairs in the nose. If they are too long, it is sunnah to cut them using scissors. (see Jazari, ibid. 2/44).

According to Hanafis, it is not right to pluck the hairs in the nose because it causes an illness. (Fatawa Hindiyya; Celal Yıldırım; Ibn Abidin)

According to Malikis, it is permissible to remove all the hairs in the body that disturb a person, whether man or woman. It is wajib (obligatory) for a woman to remove the hairs that her husband does not like. (Jazari, al-Fiqhu ala’l-Madhahibi’l-arbaa,  2/45).

According to Hanafis, it is contrary to decency for men to shave the hairs on their backs and chests. (Jazari, ibid.)

It is understood from that expression that to remove the hairs on the back and chest is not haram or tahriman makrooh for Hanafis. It can only be tanzihan makrooh, contrary to decency.

The pubic hairs must be removed in forty days at the latest. It is sunnah to pluck the hairs in the armpit but there is no drawback to shaving them. It is mandoob (recommended) to bury the hairs that are shaved, plucked and cut; it is makrooh to throw them in to the toilet or bathroom. It is said that they may cause illness. (Qurtubi, al-Jamiu li-Ahkami'l-Quran, II,105; Alauddin Abidin, al-Hadiyyatu'l-Alaiyye, p. 335).

That cleaning is present in the sharias of all Prophets. It is makrooh to carry out that cleaning when one is junub (needs to have a ghusl). It is appropriate to remove those hairs before a person is junub. All of the parts that are removed from the body should be removed when one is not junub.

It is necessary to keep the materials and instruments used for cleaning the body in a separate place and in special containers so that they will not be infected. There may be some cuts and bleeding while removing those hairs. The microbes in those instruments and materials that are not clean can enter the body through that blood; a minor neglect may cause a big trouble.  

Besides, it is possible to remove those hairs using depilators or depilatories.

The state of the hairs on the body for women;

Almighty God created each person in a different beauty. The beauty on the face of a person that the seal of unity is seen clearly is the inherent and natural beauty. It is a sign and level of being a slave to maintain it, to thank Allah for the characteristics and beauties one has and be content with what Allah has granted him/her.

Therefore, it is necessary not to make any changes in the body unless there is a vital need or obligation. A casual change like that may make man responsible for it. 

Our Prophet (pbuh), who prohibited making changes on the human body, informed those who added postiche and extra hair, who tattooed or had their bodies tattooed, who thinned their teeth in order to beautify them and women who plucked their eyebrows and eyelashes that they will be away from divine mercy because they change what Allah created and warned them. 

Acting upon that hadith, fiqh scholars state that a woman with hairs on her face like a mustache and beard can remove them; however, they also state that thinning eyebrows and changing their natural forms, cutting the eyelashes and using false eyelashes are not permissible because teeth, eyebrows and eyelashes are organs. There is no drawback to removing the hairs on the face for a woman because they are not original; they are things that appear later. Similarly, there is no drawback to removing the hairs on the legs for a woman because they are not organs like eyebrows.

When we look at the fiqh books, we see the following judgments:
– The hairs on the face that make  a woman ugly can be removed. If things like beard and mustache that are normally seen in men appear in women, it is permissible to remove them.

“Ibn Abidin says beard and mustache are not natural in women therefore it is mustahab (recomended) to remove them!

The best way to remove those hairs is not shaving but using natural depilatories like wax or powder.” ( Kadın İlmihali, Mürşide Uysal, p. 370)

It is understood that it is recommended for a woman to make herself attractive for her husband. One of the wisdom of it is protecting her husband from the attraction of other women.

As for the hairs between the eyebrows and around them:

“There is a normal form of the eyebrow of a woman. The hairs that are not normal, that seem ugly and make a woman ugly and therefore disturbing her can be removed. It is not permissible to thin the normal eyebrows and to change the places of the eyebrows in order to be up to date.” (Prof. Dr. Hayreddin Karaman)

The judgment about plucking the hairs on the face, thinning the eyebrows and lengthening the eyelashes of women has kept Islamic scholars busy a lot. Regarding this hadith of Hazrat Prophet (pbuh) “A woman who plucks or has the hairs on her face plucked is cursed by Allah” (Bukhari, 'Libas', 84; Muslim, 'Libas', 120), Islamic scholars have discussed what acts that expression included."

According to most of the scholars, it is permissible for a woman to remove the hairs that are not natural for a woman (like beard, mustache), to wear make up and to remove the scattered hairs around her eyebrows (between the eyebrows and around them) in order to seem beautiful for her husband with the permission of him; the prohibition in the hadith is to remove her hairs on the face and to pluck her eyebrows when she goes out and for non-mahram men.

Consequently, it is better to understand the plucking that is prohibited in the hadith not as the hairs that appear later as a result of an illness and that make the face ugly (like beard and mustache) but as thinning the eyebrows or plucking the hairs of eyebrows to move them upwards in order to seem beautiful for others. 

Man needs to show respect to the body that his Lord entrusted him to the extent that he believes in Allah and needs to thank Him for His bounties. Therefore, when a Muslim woman maintains the beauty that Allah gave to her face, it shows her respect to Allah; and when she adds more beauty to it by reflecting the spiritual luminescence of the peace of her, it shows her love towards allah, the Exalted, the owner of that face. (Dr. Jale Şimşek)

2 What is istibra? Who should do it?

Istibra means (for men) to wait until the last trace of urine stops coming out of the penis after urinating. It is wajib (obligatory) to do it.

Traces of urine come out after urinating in everybody. However, it stops more quickly in some people; the traces continue in others for a while. Everybody must try to stop the traces of urine from coming out before making wudu (ablution) by taking his own situation into consideration; after that a person can make wudu. 

What can be done to stop the traces of urine from coming out?

There are various ways of stopping the traces of urine from coming out: To walk for a while, to cough or to move the feet, etc after urinating and then to make wudu can make the last traces of urine come out. Everybody can apply one of those methods by taking his own situation into consideration. What is important is to stop the traces of urine.  

What happens if one makes wudu without making istibra?

Istibra is applied after urinating in order to stop the traces of urine that invalidates wudu. If a person makes wudu without istibra immediately after urinating and if traces of urine come out after he makes wudu, his wudu becomes invalidated without his noticing; and the prayer performed in that situation will not be valid. Therefore, it is necessary to pay attention to istibra.

The following is stated in a hadith:

"Beware of urine because most of the punishment in the grave is due to it”; thus, Muslims are asked to pay attention to making istibra after urinating.  
Istibra is not necessary for women. It is sufficient for them to wait for a while after urinating before they make wudu.

3 Is it permissible to wear gemstone rings in Islam?

As narrated by Hazrat Anas, Prophet Muhammad (pbuh) had a silver gemstone ring and its stone was Abyssinian gem. (Muslim, Libas, 61). Some scholars said the stone was cornelian. As its mine was in Abyssinia, it was named so. (see Nawawi, explanation of the related hadith).

In some narrations, cornelian was clearly stated and that the phrase “the gemstone of the ring was cornelian” was used (see Nawawi, explanation of the related hadith).

It is unobjectionable for both men and women to wear gemstone rings set with gems such as cornelian, emerald, ruby and chrysolite. It is stated that the Messenger of Allah (pbuh) wore a gemstone set with an Abyssinian gemstone. On the other hand, it is expressed that it is makrooh (abominable) for men to wear gemstone rings with more than one stone. (al-Hawi lil-Fatawi, 1/115-116; Fatawi-i Hindiyya, 5/335).

It is permissible to wear rings on both hands. Rings can be worn on the little finger or the finger next to it. They are the appropriate ones. Nevertheless, it is not a sin to wear rings on other fingers, either.

4 Is it permissible to trim nails at night?

A person can do those kinds of cleaning acts any time as long as he/she does not harm himself/herself and the people around.

Trimming nails is forbidden only when one is in ihram for hajj or umrah. They can be trimmed any time other than those periods. There is a superstition among people that it is not permissible to trim nails at certain days or times, for instance, at night. That opinion, which originates from the thought that the pieces of nails that were trimmed could not be seen in the past when there was no electrical light, may be appropriate for dark places. However, there is no drawback to trimming nails at night when electrical light illuminates places today.  The pieces of trimmed nails should not be left around, and they should be removed properly. Therefore, nails can be trimmed during the day or night. They can be trimmed on any day of the week. It is better to trim them on Friday. A person who has long nails has difficulty in winning his bread. It is sunnah to make ghusl, to wear nice scents, to wear new and clean clothes, to trim nails and to have a hair cut on Friday. It is sunnah to trim nails before or after the Friday prayer. It is better to trim them after the prayer. It is stated in a hadith in Durr-ul-Mukhtar that trimming nails on Friday is a reason for recovery from illnesses. (E. Sheykh)  In another hadith, it is stated that our Prophet trimmed his nails before he went to mosque for the Friday prayer. It is permissible to trim the nails on Thursday, too. It is better to bury the pieces of nails that are trimmed. The following is stated in a hadith:  Bury your nails and hair lest the magicians should use them for magic. [Daylami]

5 Is it forbidden for women to wear trousers (pants) in Islam?

Those who look from different views may reach to different conclusions. So I will try to express my view and you can decide on that.

Today men and women’s clothing are not as clearly distinctive as in the past.
I am telling this for this reason.

Indeed for Muslim women’s clothing if the first issue is hijab (veiling), the second one is being different from men’s clothing.   

Prophet Muhammad (pbuh) damns on – Men who wear women’s clothing and women who wear men’s clothing, thus looking like the opposite gender. The society needs this separation for the identity protection of genders.
But today men’s clothing is not definite as in the past. Trousers became also part of women’s clothing. As a matter of fact men wear skirt like clothing in Saudi Arabia. So there is no a fixed men’s clothing. Therefore today trousers should be examined not from the aspect of being a part of men’s clothing or not, but being tight or loose and exposing the body shape or not. If a woman wears a wide enough trousers hiding the shape of her body and covers her hips hanging down her upper clothing, then this should not be considered as a men’s clothing.

One day a woman falls down from her donkey on the path near to Prophet Muhammad (pbuh). He immediately turns his head to another direction. Then his companions tell him that no private part of the woman was seen because she wore pants under her skirt. Upon this Prophet Muhammad (pbuh) prays for women wearing pants under their skirts and preventing their legs from being seen even if they fall down.  As Prophet Muhammad (pbuh) praised, wide/loose/baggy trousers can provide the needed covering when getting on a bus, going upstairs etc. So you may find my view correct or not, and you can decide on the subject knowing the facts. Your decision may be affected from your personal conditions and mood.

As you understand from the passage given above. Islam does not order a certain way of dressing and apparel. It does not force its followers to take a certain way of dressing. Additionally, something that Islam orders must not be forgotten. The main criterion on clothing of a woman is understood as:

§ Covering the private parts. (The private parts of a woman is the whole body except hands and face)

§ Not wearing transparent, short and tight clothes. (That is to say, the body and underclothes must not be seen.)

6 Can a divorced woman marry the same man again?

Official marriages and divorces are valid. However, for an official marriage to be valid, it is necessary for the marriage to have the conditions that Islam demands for the marriage.

When a man divorces his wife with one or two talaqs, he can marry her again. When three talaqs take place, it is impossible for that man to marry that woman again in terms of religion.

A man who divorces his wife three times before or after applying the court cannot marry her again. It does not matter whether it is possible in terms of laws.

If he has not divorced his wife before or after applying the court, one talaq is regarded to have been used when the judge divorces them since he has given the judge the authority to divorce.

However, he has the right for two more talaqs. Accordingly, there is no objection to them coming together again in terms of the law or the religion. However, since we do not know the type of divorce decreed by the court – that is, whether it is revocable or irrevocable divorce - , it is necessary to renew the contract of marriage if they decide to live together again.

According to Islam, if a man divorces his wife three times, certain conditions are necessary if he wants to marry her again. The woman can marry her husband who divorced her three times only if she marries somebody else first and then divorces normally or if her husband dies.

As there are many wisdoms behind every decree of Islam, there are numerous wisdoms behind this decree about divorcing. One wisdom is that it deters men from divorcing their wives easily with three talaqs and sending them away. This decree may have been imposed in order to deter a man from getting angry with his wife due to a simple thing and divorcing her immediately. The man will know that he will have to bear the consequences if he divorces his wife.   

Besides, it is not permissible to carry out a fake marriage by marrying a divorced woman and then divorcing her, which is called hulla.

A man divorces his wife with three talaqs; then, he regrets it and wants to marry her again. However, it is not possible for him to marry her again before she marries another man since he divorced her with three talaqs; so, he carries out the practice of hulla – marrying somebody else and divorcing after a short time. Is it permissible in Islam?

The practice of hulla is not permissible in Islam. He who practices it or makes others practice it is cursed. The Prophet (pbuh) says, "Allah curses the temporary husband and the husband for whom hulla is practiced." (Musnad, Ahmad bin Hanbal)

The following conversation took place between the Prophet (pbuh) and the Companions:

The Prophet (pbuh): - Shall I inform you about the makeshift male goat?
The Companions: -Yes.
The Prophet: -He is the temporary husband. Allah curses the temporary husband and the husband for whom hulla is practiced. (Ibn Majah)

The following is reported from Ibn Masud: The Prophet (pbuh) cursed the temporary husband and the husband for whom hulla is practiced. Although Islam curses hulla, some enemies of Islam try to attribute it to Islam in order to blemish Islam. According to our religion, if a man divorces his wife with three talaqs, he cannot marry her again. However, if the divorced woman marries another man normally and if her husband dies or if they divorce normally because they cannot get along well with each other, then she can marry her previous husband again if they agree. However, it is not permissible to do it in the way that Allah and the Messenger of Allah curse, that is, the way of hulla, by bargaining. The following is stated in the Quran: "So if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her." (al-Baqara, 230)

7 What is the age of maturity for boys and girls in Islam?

Since a person can distinguish what is good from what is evil, the right from superstition only after he reaches puberty, in the hereafter Our Lord is not going to hold us responsible for our childhood times in this world and He is going to make us to give account of our religious obligations such as prayers and fasting beginning from the day we reach puberty and hence our religious responsibility starts after we enter the age of puberty. 

However, the puberty age has not got a certain date. The sensation of entering to puberty may start at any month or day starting at the age of 12 for boys and 9 for girls until the age 15. Each of our obligation is written down into our deed books as either “performed” or “failed to perform” as from the day the human and sexual senses are observed in the form of wet dreams for boys and menstruation for girls. 

If a boy does not go through any wet dream or a girl does not experience any menstruation till the age of fifteen, they are deemed to reach puberty. 

Allah created the human beings in different dispositions. It can be shown as a reason why the age of liability changes. Nevertheless, when subjected

8 How to clip nails according to the sunnah? What is the appropriate way of clipping nails?

How to clip nails according to the sunnah?

Nails, which are made of corneous substances on the tips of fingers and toes, and which protect fingers and toes from external factors, grow in the course of time. It is one of the dispositional sunnahs for human beings to clip them when they grow. The Prophet stated that it was one of the five kinds of dispositional cleanliness to clip nails. When nails grow, dirty and microbial substances may enter between nails and fingers/toes. And especially fingers contaminate microbes to all over body and into mouth while eating. Clipping nails is also very important in terms of preventive medicine. While making ablution (wudu) and full ablution, one has to wash under long nails. If they cannot be wetted because it is full of dirt under the nails, that cleaning is not accepted. It is wrong and inappropriate for the sunnah to grow nails for nice appearance even if they are kept clean.

Clipping nails is forbidden only while in the state of Ihram during Hajj and Umrah. Except for that period of time, nails can be clipped any time. There is a superstition amongst people, in which it is believed that nails cannot be clipped on some specific days and times, such as at nights. At the times when there was no electricity yet, one could not see where the clipped nails spread at night and that superstition results from that fact. It can be reasonable for such situations. However, it is unobjectionable to clip nails at nights in places where is lit up by electricity. Clipped parts of nails must not be left in random places; they must be exterminated in an appropriate way.

Appropriate way of clipping nails

Can nails toes be clipped at the same time? Is there a certain day for clipping nails?

They can be clipped at the same time. There is not a certain day for clipping nails. They can be clipped whenever necessary (whenever they grow). It is considered appropriate to start clipping nails from the nails of fingers and then to clip the nails of toes. When clipping nails of hands, it would be appropriate to start from the index finger of the right hand and continue clipping rightwards, when both hands are joined as their palms will see each other; and then to continue starting from the small toe of right foot and finish with the small toe of the left foot. (Khattab as-Subki, al-Manhal, I/189). That is what Ghazali stated.

There are different views on the matter. It is more appropriate to clip nails once a week. Nevertheless, it is unobjectionable to do it once in two weeks. Clipping nails once in forty days is, however, strictly makrooh (abominable).

It is appropriate (especially for men who going to the mosque) to delay clipping nails until Friday, if the nails will not grow too much to exceed limitations. In Fataway-i Qadihan, the following is stated regarding the issue: “If a man, admitting that it is also permissible to clip nails on other days as well, decides on Fridays to clip his nails and to have his hair cut, and if his nails grow too much until Friday, it is makrooh. As a matter of fact, rizq (boons and blessings) of a person whose nails are too long will be very little. If it will not be too late or if he is waiting for Friday to clip nails in order to follow the hadith on the matter, it is appropriate. As it is narrated from Hazrat Aisha, the Messenger of Allah said: “Whoever clips nails on Friday, Allah protects him/her from troubles until the next Friday and for three days more.” (Qadihan NI/411); Hindiyya, V/358. For similar hadiths see al-Hindi, Kanzu’l-ummal VI/656, 659).

9 Nafila (supererogatory) Fasting

Nafila (supererogatory) fasting

Our Prophet performed fasting outside Ramadan, too. They are generally nafila (supererogatory) fasting. That is, they are not compulsory. Nafila worship is also called sunnah, mustahab or mandoob.

Essentially, nafila acts of worshipping are those that make man gain reward when they are performed but there is no punishment when they are skipped.

The Messenger of Allah (pbuh) performed supererogatory fasting in certain months and on certain days and advised fasting on those days mentioning their virtue and reward. The Companions of the Prophet performed fasting on those days as they saw the Prophet perform. There are a lot of narrations regarding the practices of our Prophet.

It is sunnah to perform fasting on the 9th and 10th or on the 10th and 11th days of the month of Muharram. That fasting is called the fast of Ashura. It is stated in a hadith that the fast of Ashura would eliminate the sins committed in the previous year. That fasting should be performed by adding one day either before or after to the tenth of Muharram. It is makrooh (abominable) to perform fasting only on the 10th day of Muharram.

It is mandoob (recommended) to perform fasting on the 13th, 14th and 15th days of each lunar month. Those days are called ‘ayyam al-bid’ (white days; full moon days). It is also mandoob to perform fasting on Mondays and Thursdays of every week and six days in the month of Shawwal, which comes after the month of Ramadan. When the Messenger of Allah was asked about fasting on Monday, he said,

"It is the day on which I was born, I was sent as a Prophet and the Quran was sent down to me."  As for performing fasting in the month of Shawwal for six days, he said,

"A person who performs fasting in Ramadan and then adds six more days in Shawwal is regarded as if he has performed fasting in the whole year (in terms of reward)." ... It is also mandoob to perform fasting every other day as Hazrat  Dawud (David) did. That kind of fasting is called the fast of Dawud. Our Prophet said:

"The most desirable kind of fast before Allah is the fast of my brother Dawud. He fasted every other day." and encouraged his ummah to perform fasting like that. The month of Shaban is one of the most rewarded and virtuous months of the year in terms of fasting. Our Prophet did not perform fasting in other months as much as he did in Shaban. When he was asked about it, he said:

"This month is between Rajab and Ramadan; most people are ignorant of this month. As a matter of fact, it is the month in which the deeds are presented to the Lord of the Worlds. Therefore, I want my deeds to be presented to Allah when I am fasting."

Anas (may Allah be pleased with him) narrates: “Sometimes, the Messenger of Allah did not perform any fasting in a whole month and sometimes he performed fasting (without interrupting) so much in a month that we thought he would fast the whole month.” (Bukhari, Sawm: 53, Tahajjud: 11; Muslim, Siyam: 180; Tirmizi, Sawm: 57)

Ibn Abbas (may Allah be pleased with him) narrates: “The Messenger of Allah did not fast in the whole month except Ramadan.” (Bukhari, Sawm: 53; Muslim, Sawm: 178; Nasai, Sawm: 70)

The month of Shawwal, six-day fast

Ayyub (may Allah be pleased with him) narrates: The Messenger of Allah (pbuh) said:

“A person who performs fasting in Ramadan and then adds six more days in Shawwal is regarded as if he has performed fasting in the whole year.” (Muslim, Siyam: 204; Tirmizi, Sawm: 53; Abu Dawud, Sawm: 58)

As soon as the month of Ramadan ends, the month of Shawwal starts. The first day of Eid al-Fitr is also the first day of Shawwal. Therefore, no one is allowed to fast on that first day; it is eid day therefore it is not permissible to fast. Beginning from the second day, the six-day fast can be performed until the beginning of the month of Dhul Qadah. It is not necessary to fast six days on end. One can fast without interruption or intermittently.

The fast of Dhul Hijjah

According to the narration of Abu Hurayra (may Allah be pleased with him) The Messenger of Allah (pbuh) said: “There are no days more lovable to Allah than the first ten days of Dhul Hijjah in terms of worshipping. The reward of fasting of each day on those days is equal to that of a year; the prayers performed each night are equal to those of the Night of Power (Qadr).” (Ibn Majah, Siyam: 39)

What is meant by the first ten days of Dhul Hijjah is the first nine days in terms of fasting because it is not permissible to fast on the tenth day of Dhul Hijjah since it is also the first day of Eid al-Adha. The fasting that is mustahab (recommended) are the first nine days before Eid al-Adha.

The following hadith explains the issue:

Hunayda Ibn Khalid reports from his wife, who reports from some of the wives of the Messenger of Allah (pbuh): “The Messenger of Allah (pbuh) performed fasting on the first nine days of Dhul Hijjah, on the day of Ashura, on three days of each month and the first Monday and Thursday of each month.” (Abu Dawud, Sawm: 61)

Did our Prophet fast on the day of Arafa (one day before Eid al-Adha)?

Abu Qatada (may Allah be pleased with him) narrates: The Messenger of Allah (pbuh) said: “I have the hope from the mercy of Allah that the fasting performed on the day of Arafa will eliminate the sins committed last year and the sins to be committed next year.” (Tirmizi, Sawm: 46; Ibni Majah, Siyam: 40; Muslim, Siyam: 196)

Ata al-Horasani (may Allah be pleased with him) narrates: Abdurrahman, the son of Abu Bakr, went to the presence of Hazrat Aisha. She was fasting. Somebody was sprinkling water on her because of the heat. Abdurrahman said to her, “Break your fast.”
Hazrat Aisha (may Allah be pleased with her) said, “Shall I break my fast though I heard the Messenger of Allah (pbuh) say, ‘fasting on the day of Arafa eliminates the sins of the year before it’?” (at-Targhib wa’t-Tarhib, 2:112)
According to a narration of Bayhaqi, Hazrat Aisha (may Allah be pleased with her) said:

The Messenger of Allah (pbuh) said: “fasting on the day of Arafa is like fasting one thousand days.” (at-Targhib wa’t-Tarhib, 2:112)

However, fasting on the day of Arafa is only for those who are not on pilgrimage (hajj) that year. That is, it is for those who are not on Arafat for waqfa. The hadith relating to the issue is as follows:

Abu Hurayra (may Allah be pleased with him) narrates: “The Messenger of Allah (pbuh) prohibited fasting on Arafat on the day of Arafa.” (Abu Dawud, Sawm: 63)

Haris bint Ummu’l-Fazl narrates: People disagreed about whether the Messenger of Allah (pbuh) was fasting on Arafat on the day of Arafa or not. Some said, “He is fasting”; others said, “He is not fasting.”

I sent a glass of milk to the Messenger of Allah (pbuh) while he was on his camel for waqfa on Arafat, and he drank it. (Muslim, Siyam: 110-111)

The explanations of hadith scholars regarding the issue are as follows: Hafiz says: “Scholars disagreed about fasting on Arafat on the day of Arafa.”

Ibn Umar said: “The Messenger of Allah (pbuh), Abu Bakr, Umar and Uthman did not fast on the day of Arafa; I do not, either.”
Imam Malik and Imam Thawri preferred fasting.

Abdullah ibn Zubayr and Hazrat Aisha tended to fast.
Ata said, “I fast in winter, I do not fast in summer.”
Qatada said, “There is no drawback to fasting on Arafat on the day of Arafa if it does not make you weak and prevent you from praying.”

Imam Shafii said, “It is mustahab (recommended) for those other than pilgrims to fast on the day of Arafa.” 
Imam Ahmad said, “If a person can afford to fast, he can fast. If not, it is all right because one needs strength on the day of Arafa.”

The month of Muharram and the fast of Ashura

Ibn Abbas (may Allah be pleased with him) narrates: When our Prophet (pbuh) migrated to Madinah, he found out that the Jewish people were fasting.

He asked, “What fasting is it? The Jews said, “Today is the day when Allah rescued Moses (Musa) from his enemies and when He drowned the Pharaoh. Hazrat Musa performed fasting today to thank Allah.

Thereupon, the Messenger of Allah (pbuh) said, “We are closer to Musa and reviving his sunnah than you” and fasted that day; he also ordered his companions to fast. (Abu Dawud, Sawm: 64)

Hazrat Aisha, our mother, says the following regarding the issue: “Ashura was a day on which Quraishis performed fasting during the age of Ignorance (Jahiliyya).  The Messenger of Allah (pbuh) acted accordingly.

When he migrated to Madinah, he continued that fasting and ordered others to fast too. However, when the fast of Ramadan became compulsory, he stopped fasting on the day of Ashura.

After that, the Muslims who wanted to fast on that day fasted; those who did not want did not fast.” (Bukhari, Sawm: 69)
Another narration is as follows:

Qays ibn Sa’d ibn Ubada (may Allah be pleased with him) narrates:

“We used to fast on the day of Ashura and paid alms. When the fast of Ramadan and zakat became compulsory, we were not ordered to fast on the day of Ashura, and we were not prevented from it; we went on fasting.” (Nasai, Zakat: 35)

The following hadiths are narrated about the virtue of the fast of Ashura:

A person came to our Prophet (pbuh) and asked:
“When do you recommend me to fast after Ramadan?”

Our Prophet (pbuh) said, “Perform fasting on the month of Muharram because it is the month of Allah. There is such a day in it that Allah accepted the repentance of a nation on that day; He may forgive another nation.” (Tirmizi, Sawm: 40)
In another hadith in Tirmizi, our Prophet (pbuh) said the following:

“I certainly hope that the fasting performed on the day of Ashura will eliminate the sins committed in the previous year.” (Tirmizi, Sawm: 47)

The following hadith expresses the virtue of the fasting on the day of Ashura: “The most meritorious fast after the fast of Ramadan is the fast performed in the month of Muharram, the month of Allah.” (Ibn Majah, Siyam: 43)

Explaining that hadith, Imam Ghazali said, “The month of Muharram is the beginning of the Hegira year. It is nice to base the new year on a good foundation like fasting. It is hoped that the abundance will continue.”

It is recommended that the fast of Ashura should be performed on the ninth, tenth, and eleventh days of Muharram so as not to resemble the Jews and not to fast only on the day of Ashura.

Haram months and the fast of Rajab

Abbad ibn Hanif narrates: I asked  Sa’id ibn Jubayr (may Allah have mercy on him). He answered me as follows:

I listened to Ibn Abbas (may Allah be pleased with him); he said: “The Messenger of Allah (pbuh) sometimes fasted so much in the month of Rajab that we would say, ‘He will probably not eat ; he will fast every day. In some years, he ate every day, we would say ‘He will probably not fast this month.’” (Bukhari, Sawm: 53; Muslim, Siyam: 179; Abu Dawud, Sawm 55)

Bahili narrates: The Messenger of Allah (pbuh) stated the following:

“Hold some of the haram months and release some of them; hold and release in haram months, hold and release in haram months.”

Bahili says: “as the Messenger of Allah (pbuh) said ‘Hold’, he clenched three of his fingers; when he said ‘Release’, he released his three fingers.” (Abu Dawud, Sawm: 54)

Thus, it is understood that our Prophet told that person “to fast for three days and to break the fast for three days”.
Haram months are the months of Dhul Qada, Dhul Hijjah, Muharram and Rajab.

It is not appropriate to fast during the whole month of Rajab because it is necessary to avoid likening the month of Rajab to the month of Ramadan.

The fast of Shaban

Anas (may Allah be pleased with him) narrates:

They asked our Prophet (pbuh):

“O Messenger of Allah! What month is the most meritorious other than Ramadan in terms of fasting?”

Our Prophet (pbuh) replied:

“It is the fasting in Shaban in order to show respect to Ramadan.” (Tirmizi, Zakat: 28)

According to the statements of the companions of the Prophet, primarily Hazrat Aisha, our mother, the Prophet sometimes fasted in the whole month of Shaban and he often fasted on most days of Shaban.

Hazrat Aisha (may Allah be pleased with her) narrates: “The Messenger of Allah (pbuh) fasted so much in some months. We even thought he did not break his fast in that month. In some months, he broke his fast so much that we would say he did not fast on any days in this month.”

“I did not see the Messenger of Allah (pbuh) fast in the whole month except Ramadan. I never saw him fast in any month more than he did in Shaban.” (Bukhari, Sawm: 51, Abu Dawud, Sawm: 59)

In another narration, Hazrat Aisha says the following regarding the issue: “The Messenger of Allah (pbuh) never fasted in any month more than he did in Shaban. And he said the following:

“Do the deeds that you can afford. Unless you get tired of them, Allah will not regard you as you have got tired. The best deed in the presence of Allah is the deed that a person constantly does even if it is little.” (Muslim, Siyam: 177)

In another narration in Ibn Majah, Hazrat Aisha said, “He (the Messenger of Allah) fasted in the whole month of Shaban and connected it with Ramadan.” stating that he fasted more in that month. (Ibn Majah, Sawm: 4)

From both narrations, the judgment that it is permissible to fast in the whole month of Shaban or to fast on some days of Shaban is reached.

Usama ibn Zayd (may Allah be pleased with him) asks the Messenger of Allah (pbuh) this question:

Oh Messenger of Allah! I never saw you fast in any other month as much as you did in Shaban.”

The Messenger of Allah (pbuh) stated the following:

“This month is between Rajab and Ramadan; People are ignorant of this month, which is between Rajab and Ramadan. It is the month in which the deeds are presented to the Lord of the Worlds. I want my deeds to be presented to Allah when I am fasting.” (Nasai, Sawm: 70)

Besides, the Messenger of Allah (pbuh) worshipped more in Shaban in comparioson to the other months.
He exalted the value of the month of Shaban by saying “Shaban is my month.”, “Shaban is the cleaner of the sins.” (Kashfu’l-Khafa, 2:9)

What days should be preferred for nafila fasting?

Hazrat Aisha (may Allah be pleased with her) narrates:

“The Messenger of Allah (pbuh) sought rewards by fasting on Mondays and Thursdays.” (Tirmizi, Sawm: 44; Nasai, Sawm: 70; Ibn Majah, Siyam: 42)

Hazrat Abu Hurayra (may Allah be pleased with him) narrates:

The Messenger of Allah (pbuh) stated the following:

“The deeds are presented to the Lord of the Worlds on Mondays and Thursdays. I want my deeds to be presented to Allah when I am fasting.” (Tirmizi, Sawm: 44)

Fasting on the days of ‘ayyam al-bid’ (white days).

Abdullah ibn Qatada (may Allah be pleased with him) narrates:

The Messenger of Allah (pbuh) ordered us to perform fasting on the days of ‘ayyam al-bid’ (that is on the 13th, 14th and 15th of each month) and said they are like fasting the whole year.” (Abu Dawud, Sawm: 68; Nasai, Sawm: 83)

Ibn Abbas (may Allah be pleased with him) narrates:

“The Messenger of Allah (pbuh) never gave up fasting on the days of ‘ayyam al-bid’ whether he was in his town (muqim) or he was traveling (musafir).” (Nasai, Sawm: 70)

Fasting three days each month

Muazatu’l-Adawiyya narrates:

I asked Hazrat Aisha (may Allah be pleased with her):

“Did the Messenger of Allah (pbuh) fast three days each month?”

She answered, “Yes!”

I asked again, “On what days of the months did he fast?”

She answered, “He did not give importance on what day he fasted.” (Muslim, Siyam: 194; Abu Dawud, Sawm: 70; Tirmizi, Sawm: 54)

Abu Zar (may Allah be pleased with him) narrates:

The Messenger of Allah (pbuh) stated the following:

“A person who fasts three days in a month, it becomes like the fast of the whole year for him.” Allah sent down the following verse to confirm it:

“‘He that doeth good shall have ten times as much to his credit.’ (al-An’am 160) One day is regarded s ten days.” (Tirmizi, Sawm: 54; Nasai, Sawm: 82)

Fasting on the days other than those mentioned above and except on makrooh (abominable) days are nafila. Nafila means worshipping performed apart from fard and wajib (obligatory) duties, only for the sake of virtues and rewards although there is no religious obligation.

10 Is Hair Transplantation permissible?

It is clear that this subject does not exactly exist in the Qur’an and Sunnah because this is a new technique. However, what is mentioned in the Sunnah of Muhammad (PBUH) is the hair transplantation from one person to another. In a sense, we can call this using a wig which is made from human hair. Prophet Muhammad strictly prohibited the use of wig and this prohibition is attributed to two reasons: 1.The disrespectfulness towards man caused by the use of a person’s hair, which is a body part, as a spare part. 2. Deceiving people with another person’s hair as if it is his/her own hair.

As it is seen, there are differences and similarities between using a wig and hair transplantation and for this reason it is not possible to say it is certainly haram to have hair transplantation just like using a wig because having hair transplantation is performed with a person’s own hair. On the other hand, it is permanent and it does not mean deceiving anyone. Finally, it can be considered a kind of treatment. For this reason, it cannot be said that hair transplantation is definitely haram.

However it cannot be completely halal and pure as it can be considered an aesthetic operation and an individual desire for being attractive. Thus, we are not in the position of giving the final decision of this subject; however, we can say that even if it is not haram it contains some degree of makrooh/karahah and people who are sure about themselves will not feel any necessity to be seen different and have no such an operation. We can also say that if someone has hair transplantation, there will be no religious illegitimacy but there will be at least a suspicion.

It is also not possible to say that transplanted hair is an obstacle for ghusl and wudu because even if the roots of hair are planted on head of the skin, water reaches there and wudu or ghusl is completed properly. (Allah knows the best)

Please click on the link given below;

Are there any situations where aesthetic surgery is permissible?

11 Is it permissible to enter the bathroom or toilet with a necklace or ring written "Allah" on it?

One who enters the toilet wearing a ring with the name of Allah or Prophet on  its bezel must cover it. If the ring is on the left hand, he must remove it while cleaning the dirt. (Ibn Abidin, V, 317).

Accordingly, if the name of Allah is written on one’s necklace, he/she can enter the toilet by covering or reversing it.

Women can wear such necklaces and jawshan (A prayer of the Prophet (PBUH)) during menstruation. Besides, it can be worn during the intercourse. However they must be covered if they are open.

12 Is it permissible for women to paint their nails by polishing them?

Women can paint nails or other parts of their bodies with paints that form or do not form a layer over the skin in order to appear beautiful to their husbands. They can wear make-up unless it is too much. However, they must not wear make-up and they must wear hijab (cover their bodies except their hands and faces) when they go out or where non-mahram men can see them.

There are two disadvantages of growing nails and applying nail polish for women. The first one is that it is definitely makrooh (abominable) to grow nails. The second one is that it forms a layer on the nail and prevents water from penetrating to the skin while making wudu (ablution) and ghusl (full ablution); thus, it causes the wudu and ghusl to be invalid. Then, we advise women the following: The woman is the mother and housewife. She can only adorn herself for her husband. She must not polish her nails because she cooks, does the washing, makes wudu and ghusl. If she makes up only for her husband and pays attention to cleanliness, she will get rewards. It is sunnah for man to be clean and attractive for his wife, too. (Kaynaklarıyla İslam Fıkhı, Celal Yıldırım, Volume 4 p. 209-210.)

In addition, it is haram for women to show their hair to non-mahram men. If she makes up and adorns herself in order to seem more beautiful, her sins will increase. When a Muslim woman makes wudu and ghusl, if the paint or the substance on her skin does not let water penetrate to her skin, her wudu or ghusl becomes invalid. One must make sure that not even a place as tiny as a pinpoint on the body be left dry; the ears and the navel must be washed, too.

The water must penetrate to the skin under and the hair, beard, eyebrows and mustache, and among the hair. Even if they are dense, it is necessary to make the water permeate. If the hairs and the skin are left dry, the ghusl is not regarded to have been complete. However, it is not necessary for women to wash their hair that hangs down their heads. It will be sufficient to wash the roots of the hair. However, since the paint that forms a layer affects the skin, it is necessary to note that the paint will prevent the water from reaching the roots of the hair.

Since men have no obligation like that, it is necessary for them to wash all of the hair. Then, it is not appropriate for women to adorn themselves and to make up except for appearing beautiful to their husbands. If a woman has put on make-up and has adorned herself for her husband, it is necessary for her to remove the paints that prevent water from penetrating to the skin and then to make wudu or ghusl.

13 After sexual intercourse, such stuff over the bed like bedspread, case, pillow etc. get unclean; is it necessary to change them?

As long as no impurity smudges on such things like the pillow, quilt, and clothing, they do not need to be changed.

Mazi and wadi is unclean according to all sects. (see al-Fiqh ul Islam, 1/151-152) mani (sperm) is unclean according to Hanafi sect but it is clean according to Shafi sect.

The quantity of impurity which prevents one from praying varies according to whether it is dry or wet.

If much impurity called Ghaliz najasah is a dry material, it must be less than three grams. If it is more than that, then it invalidates Salah (prayer).

If it is a wet material, then it must not be spread over an area more than the palm of the hand. If it is more than that, it invalidates Salah. It is mandatory to remove that impurity for praying. If the impurity is less than that quantity, it does not invalidate Salah. However, if you can, you should remove it because it is Sunnah.

Mani can be removed by rubbing, if it is dry. If the cloth with mani is lined, it is sufficient to rub it. However, if it is wet, it should absolutely be washed. However, if the dry mani over the cloth is wetted later after it gets clean by rubbing, according to the Hadith, it gets unclean again and it must be washed or rubbed by drying.
According to Shafi sect, even if the impurity is only a drop, it must be cleaned.

A person who reaches puberty discharges four kinds of fluids:

1- Urine, 2- Mani (sperms), 3- Mazi (fluid during excitement), 4-Wadi (fluid generally after urination)
Among those the only one which necessitates ghusl is mani (sperms). Mani has three qualities:
1- It gushes forth,
2- Satisfaction occurs,
3- When damp, it smells like dough; when dry, it smells like the white of egg.
Wadi is a thick white fluid which is discharged after urination. Mazi is also a white but thin fluid which is discharged when feelings of lust dominate. In short, no ghusl is needed because of the mentioned wadi and mazi.
The wetness that women experience because of lust is called “kazi”. Because of that, only ritual ablution is annulled but it does not annul fast nor does it necessitate ghusl.
States Which Necessitate Ghusl
1. Engaging in sexual intercourse: Even if mani is not discharged, if sexual organs of man and woman are united, ghusl is needed.
Allah's Messenger, peace and blessings upon him, says about that subject: “If the private parts of man and woman touch each other and groove is lost, then ghusl is needed.” (1)
2. To experience the state of ihtilam (major ritual impurity in sleep): Discharge of mani from man or woman with lust while asleep or awake also requires ghusl. Allah's Messenger (PBUH) was asked about a person who finds wetness (on his body, clothes, bed, etc.) upon waking up and he does not remember seeing a dream (that caused the wetness). Allah's Messenger (PBUH) said: “He should make Ghusl.” Allah's Messenger (PBUH) was also asked about a person who remembers seeing a dream and does not see wetness, he replied: “There is no Ghusl upon the Person.” (2)

(1) Bukhari, Ghusl 28; Muslim, Hayz 87; Abu Dawud, Taharat 84; Nasai, Taharat 129; Ibn Maja, Taharat 111; Muwatta, Taharat 71
(2) Abu Dawud, Taharat 95; Tirmidhi, Taharat 82

14 How does a nikah be solemnized? What is said and what prays are recited?

Nikah is performed as follows;
The person (an Imam or a sensible person) who is going to solemnize nikah firstly writes the name of the girl going to marry, for instance he writes “Fatima bint-i Ahmed”.
Then he writes the name of the agent of the girl, for example “Ali bin Zayd”.
Then he writes the names of the two testifiers.
Then he writes the name of the boy going to marry, for example “Omar bin Hussein”.
Then he writes the name of the agent of the boy, if the boy is not present.
Then he writes the amount of mahr-i mueccel (mahr paid in advance) and mahr-i muaccel (mahr paid on account) by asking both parts. (mahr: the money which is supposed to be given by the man as a right to the woman)
Then he seeks refuge in Allah and recites A’udhu-Bismillah (A’udhubillahiminasshaytanirrajimm- Bismillahirrahmanirrahim) and says; “Alhamdu lillahillezi zavvacal arvaha bil ashbah ve ahallannikaha ve harramessifah. Vassalatu vassalamu ala rasulena Muhammadinillezi bayyana-l-harame va-l-mubah ve ala Alihi va A
ashabi-hillezina hum ahlussalahi valfalah”.
Then he recites again A’udhu-Bismillah and reads 32nd verse of the Surah An- Nur (24th chapter of the Quran) and after he reads “Sadakallahuladhim”. Then he says; “Kale rasulallah, “An-nikahu sunneti faman ragiba an sünneti falaysa minni” sadaka Resulullah. ‘Bismillahi va ala sunnet-i rasulillah’”
Then he asks the agent of the girl;
“By the order of Allah and the sunnah of Rasulallah and the rule (ijtiha) of the Imam of our sect (Abu Hanife) and the testimony of present Muslims, do you agree, since you are the agent of the girl, to give Fatima bint-i Ahmad in marriage to Omar bin Hussein, who promise to give such amount of mahr-i mueccel and mahr-i muaccel?”
Then he reads the same pray by starting from (Bismillahi va ala) and asks the agent of the boy going to marry; “And since you are the agent of the boy going to marry, do you agree to take Fatima bint-i Ahmad in marriage to Omar bin Hussein by agreeing to give such amount of mahr-i mueccel and mahr-i muaccel?”
Three times the questions are asked to the parts and the answers are received from them. Then the prayer given below is recited;
(Allahummac’al hadhal akta maymunan mubarakan vacal beyna-huma ulfetan va mahabbeten va karara va la tac’al beyna-huma nafratan va fitnetan va ferara. Allahumma allif baynahuma kema allafta beyna Adama va Havva. Va kama allafta beyna Muhammadin va Khatica-tal-Kubra va Ai?a -ta umm-il muminine . Va beyna Aliyyin va Fatima-taz-Zahra. Allahumma ati la-huma evladan salihan ve umran tavelan va rizkan vasian. Rabbena hab lana min azvacina va zurriyatina kurrata ayunin vac’alna lil muttekina imama. Rabbena atina fiddunya hasanatan va fil ahirati hasanatan va kina azabannar. Sabhana rabbika rabbilizzati amma yasifun va salamun alal mursaleen valhamdulillahi rabbilalameen al fatiha).
Therby performing nikah finishes.

In islam, can a sunni girl marry a shia boy?

15 Lying is forbidden. However, what should we do if we are in a difficult situation? Are there circumstances under which lying is not forbidden? Is it not deceiving to lie at war?

Is there anyone who is not disturbed when hearing the word “lie” and its meaning? Yes, some disgusting attributions really disturb everyone indeed.

Lie which is the opposite of truth, straightness and loyalty to promise is a bad habit hated by almost everyone. However, is it possible that there are some circumstances under which lying would be permissible?

Firstly, let’s appeal to the hadiths, narrations and views of Islamic scholars on this issue, which give permission for statements close to lying for some certain reasons:

Bukhari and Muslim state the following hadith in their hadith books:

He who makes peace between the people by inventing good information or saying good things, is not a liar.” (Bukhari, Peace 2; Muslim, Goodness 101).

Again, Muslim narrates a hadith from Ummu Gulsum, following the hadith above, which is translated as its follows:

I did not hear him permit untruth in anything people say, except for three things: war, settling disagreements, and a man talking with his wife or she with him (in smoothing over differences).” (Muslim, ibid)

We can sum up late Kamil Miras’ interpretations and explanations of the narrations which he uttered in the light of hadith interpretation scholars’ explanations as in the following:

The saying in the hadith as “settling disagreements” between people is not lying means that this kind of a lie is not sinful. In fact, the lying mentioned in the hadith is not excluded from the concept of lying but just it is indicated that there is not a sin given to such kind of lying. Doubtlessly, lie is still lie regardless of what it is uttered for; whether to settle disagreements or for other reasons.

Although there are ones who have different views on permission of lying under three certain circumstances, the view of the majority of the hadith interpretation scholars is as follows:

It is certainly forbidden to lie or say something unreal. The permission to lie mentioned in the hadith is for “tavriyah” and “ikham”. Tavriyah in Arabic is a figure of speech that the speaker speaks a word which has three or more meanings and he/she means the furthest meaning of the word. Ikham is equivocation in English. It is a figure of speech that the speaker speaks a word with two meanings and he/she means the furthest meaning of the word.

As for these two figures of speeches on the issue, we can exemplify them as follows:

For instance, a soldier says to enemy soldiers “your king is dead” during a battle, but with this he means another king of theirs who died before.

When one is obliged to declare his/her thoughts on an issue which may harm Islam and Muslims, he/she can do periphrasis instead of lying directly and this is permissible as well.

Similarly, someone who does not want to hurt his wife or daughter when they ask of something from him, he says “inshallah- Allah willing” and if he cannot buy what he promised to buy right away, this is not considered lying because his promise is about future.

Moreover, when trying to settle disagreement between two people, one says “that man prays for your good” and if he/she means with this expression that the man said indeed “My Lord, forgive all Muslims”, this is not lying because the other man is also included in all muslims. (Tajrid-i Sarih, 8/111-112). In this sense, he/she is freed from the responsibility of lying. In a hadith narrated by Imam-i Beykhaki, our Prophet (pbuh) says: “It is permissible to refrain from lying with periphrasis and equivocation” and clarifies this issue. (at-Taj, 5/55).

However, for there is too much lying in all situations in our day, Bediuzzaman, who advises us to be careful and attentive in such issues in order not to pave the way to lying, says:

Permission to lie for a good reason is abolished by time. Some scholars declared fatwa saying that lying for a good reason or obligation is temporarily permissible. This fatwa is not valid in our day, because it has been abused so much that only one benefit can exist amongst a hundred harms of it. For this reason, judgment cannot be made according to good reasons.”

“For instance, the reason for omitting sunnah parts of prayers during travel is its difficulty. However, this cannot be the main reason, because it does not have certain criteria. The main reason may be just the travel itself.”

That’s to say; the main reason of performing prayers which have four fard parts like prayers with two fards is travel. If there is no difficulty, one still may not bear the travel and shorten prayer. If difficulty is considered the main reason, everyone can adapt this judgment according to themselves and change it. One can abuse this judgment by saying “I have no difficulties at all, so I can perform the prayers as four parts”. Sunnah parts of prayers should be omitted, whether there is difficulty or not, to prevent this abuse.

After this example, Master (Bediuzzaman) relates to this issue:

Similarly, a good reason cannot be the main reason for lying, because there is not a certain criterion of this, therefore it paves the way to abuse. One cannot make a judgment according to reasons. In this sense, it is necessary either to tell the truth or to keep silent. There are two ways; not three. It is not either truth or lie or silence.”

Yes, everything you say must be true, but you should not say every truth everywhere. If truth will harm, keep silent. Otherwise, lying is not permissible at all costs.” (see: Hutbe-i Şamiye/Üçüncü Kelime).

Question: Why did our Prophet permit to lie at war though lying is an evil deed? Is it not deceiving? Moreover, this means victory via trick, this does not comply with human dignity and even those who will fight against Muslims next will not believe in them.

a) According to Islam, lying is a major sin. It is a significant point that the verse the translation of which is “shun the abomination of idols, and shun the word that is false” (al-Hajj, 22/30) mentions lying after attributing partners to Allah.
b) Religion of Islam is based on straightness. It is stated many times in Quran that Quran is a book that tells truth, Prophet Mohammad is an honest, trustworthy prophet and Our Lord who is the owner of the revelation and religion is honest. An interrogative form is preferred in Quran, such as in the verse the translation of which is “whose word can be truer than Allah's?” (al-Nisa, 4/122) in order to awaken the most unaware minds.
c) Belief is based on truth and infidelity is based on lie. Is it possible to think that “lie, which is a word of infidels’” can be permissible?

The prophet of the religion of Islam was known as “Mohammad-al-Amin (i.e. Mohammad the trustworthy) and this implies a lot of things for us. It is necessary to try to comprehend the reasons if such a trustworthy person permitted to lie under some circumstances.

d) The expression of “Moreover, this means victory via trick, this does not comply with human dignity and even those who will fight against Muslims next will not believe in them” is really interesting. The heroic sayings such as “war is fought honestly” do never take place in the dictionaries of wars.

All the wars fought throughout the history of humankind are each an art of killing enemies, the members of other side. You will walk into the battle field in order to kill the enemy, but when you have got the opportunity, you will change your mind and will not kill saying “this does not comply with honesty”. How can such foolishness be? This act can even lead to sentence of death according to the law of high treason.

e) today, the military tactics used by every government and which are expressed with phrases such as “war strategy, military tactic, war game” are indeed tricks, shifts and operational lies for deceiving the counterside. Nonsense such as “not stabbing someone in the back and fighting honestly” are words which can only be found in movies.

In fact, our Prophet stated that “war is a tactic of deceiving the counterside” (Bukhari, Jihad, 157; Muslim, Jihad, 18-19). While this statement of the Prophet’s is available in the most trustful hadith books, it is very risky in terms of belief for a believer to try to prove that wrong instead of trying to find out its reason.

f) “Verily truth will lead to goodness and goodness will lead to Heaven. A person who develops a habit of honesty will be accepted by Allah as an honest person. But lying leads to evil, and evil leads to the Hellfire. A person who lies until dishonesty becomes habitual will be written off by Allah as a most liar.” (Muslim, Birr, 103-104-105)

Now, let’s think reasonably. If the Prophet (pbuh), who considers lying “the key to evil and the guide to Hell”, made some exceptions to this judgment, what should a believer do is to accept it respectfully. (Already, this is the latest detail that should be discussed with an unbeliever).

g) The following verse must be our guide in such issues. Our attitude, aim and style must be shaped according to this divine message.
But no, by the Lord, they can have no (real) Faith, until they make thee judge in all disputes between them, and find in their souls no resistance against Thy decisions, but accept them with the fullest conviction.” (al-Nisa, 4/65).

h) Throughout history, this permission (not an order, just permission) has been abused a lot of times, unfortunately. The limits of the permission given by the Prophet have been exceeded. Meaningless desires of the lower self mixed with it. The permission has been misused. The benefit expected from the permission has started to be written amongst deficits because of abuse. For this reason, it would be better to suspend the right of benefitting from this permission.

16 On Board Games

Is playing games of chance licit?
Playing games of chance is haram (forbidden) but not a rightful share. Playing such games is haram even the game is lost.
It is an accepted reality that together with the moment passing aimlessly many opportunities passes up, too. Because, the lifetime of the human being is very short in proportion to the lifetime of the world. So the time, even the moment of which is valuable as gold, should be spent for an activity that will enlighten the eternal life. Therefore, as the prayers and works of a believing man are on the purpose of beneficence, his remained times should not be meaningless and should be spent within the sphere of the licit as well, so that he will not fall into a situation that on one hand he wins but on the other hand he loses.
Today, there are too many unnecessary activities which kill our times that many of these activities don’t have any peculiarity that helps material and spiritual developments; it is a reality that such activities swerve human being from the aim of creation as well. Thus, the more a human protects himself from such aimless and purposeless things the more he makes profits.
It is a nomic right of a person, who works for a length of time, to have rest, on the condition not to exceed the prohibited limits of Islam, so too, a person can play some games and enjoy some entertainments as well. But if such games and entertainments exceed the limits of Islam, they lose their legitimateness.  
The judgment should be same for cultural and sport activities. If such activities are within the sphere of legitimate and lawful trade, they cannot be considered as haram (forbidden). And it is clear that it will bring some religiously objections if males and females play such activities together.
Because, according to our religion, a man can be alone, be together, speak with and hold the hands of his only close relatives who are not permitted to marry him, like his mother, sister, maternal or paternal aunts. Apart from that, unless there is a vitally important situation, it is not licit for the opposite genders whether man or woman, who are foreign to each other, to be alone with, to shake and hold their hands.
The same situation can be said for the sport activities too. If the game is not a game of chance, does not cause to miss the ritual prayers and if the body parts of the players is covered, which are not permissible to be shown to other people, then it is not possible to make mention of religiously prohibitions for such a situation.
Our religion gives permission to play some games like shooting arrows, jousting, wrestling, swimming, running and horse racing which are good for health or at least have no harm to human’s health. As a matter of fact to play some of such games are sunnah.
Hadrath Rukane wrestled three times with Prophet Muhammad (PBUH) and all the time he lost and that is why he became a Muslim. 1
And it is narrated that Prophet Mohammad (PBUH) competed with Hadrath Aisha and many times he won. 2
Also, He (PBUH) watched togetherwith Hadrath Aisha the game of joust of Ethiopians and showed to us that such entertainments are permissible with his own practice.
He (PBUH) praised the horses that help the mujahids (combatants) on battle field and he encouraged people and gave rewards to those who won the races held before the wars. Here, the main essence was to instruct and prepare people to the battle and encourage them to practice.
But today, in some sports and entertainments, even they are regarded as permissible; the bounds of Islam are exceeded. For example; showing the body parts which are not permitted to be shown to other people while wrestling, racing or swimming.
Also, some games are made an instrument of gambling. Horse racings, lottery, football pools and betting are some of these kinds of games.
Lottery and football pools are seen as gambling in any case, since they contain all characteristics of gambling. It is known that the game like lottery was being played during the era of ignorance before the Islam. They put signs on the arrows and took money in accordance with the appeared sign. Islam forbids all kinds of gambling and so lottery is included in such games, too.
Thus, in a verse it is said:
“O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination,- of Satan's handwork: Eschew such (abomination), that ye may prosper.” 3
İslam Religion in this way did not allow any game which is played for possession and money. There is no need for this type assosiations if any help will be held for the poors, weaks and eddicteds. Islam does not need for the gamble institutions for arrangement of law, social and conduct and in order to save deserteds and to keep alive charaty assosiations.
Any arrangements or games like mutual betting are similirly accounted as gamble. For axample, two people before going computition, one of them saying “ If you are better than me, I will give you this; but if I am better, you will give me this.”... such a betting shall enter into gamble. However if it is one-sided is permissible. That is to say, if one of the sides says “If you are better than me, I will give you this; but if I am better, you do not give me anything.” And if they come to an agreement, such a betting is permissible. It is lawful to use this thing for the one who takes.
In the ball-games, unless the ritual worship is delayed or quıtted, let private parts which is not permissible to unfold be showen, wounds the body and cause to become disabled, there is no drawback. If one of these cases occurs, it becomes out of acceptance.
1. Tirmizi, Libas: 42
2. İbni Mace, Nikah: 50
3. The Chapter of Table Spread (Al-Maide), 90
Mehmet Paksu,  Ibadet Hayatımız (Our Life of Worship) -1
Is it permissible to play chess and backgammon?
Chess is a kind of game which is common even at the schools in our country. Courses, computations are being arranged and  private parts are written in the magazines, even private programs are being broadcasted on televisions. As a result, in the community especially among youngs is played on different time and places.
At this conjuction, like as every game, our religion has a limit on chess. Some views are present in the matter of permissible or forbidden. So, whatever it becomes much common and adopted by anyone, cannot be  proof to be permissible.
As known, chess is originally from Persia and spreaded to other countries from there.Before, it was not much known among Araps.But After Persia had conquered, Persian traditions  gradually supervised among Muslims as well.Islam Religion welcomed customs and habitudes of every nation tolerantly and didn’t interfered them. But prohibited harmful behaviours, actvities and customs; decreed to give up them. 
Even if it isn’t taken part in the authentic hadis books, in same narrations chess is known as ‘owner of shah’ and  didn’t allowed to play. While Hz. Ali ( may Allah be pleased with him) didn’t welcome chess saying “ It is the gamble of Persans.”, from the companions of the Prophet Muhammed (pbuh) Ebu Musa el-Eşari had said “ Only those who don’t avoid from sins play chess.” and when asked to the great İslamic law scholar İbrahim en- Neha-i , answered by saying “it is cursed”. Similary while Abdullah ibni Ömer considered it as: “Chess is worse than other gambles.”, İmam-ı Malik commented chess like backgommon and regards as forbidden. 1
According to İslam lawyers who adopts these narrotions and views, to play chess is not permissible and is accepted forbidden. The Hanefi Creed’s view is similarly.
However, some scholars don’t regard chess in the same category and think that it may be permissable within several conditions.Among the sound scholar of the Şafii Creed İmam Nevevi concerning this matter says like this:
“Chess is forbidden according to many scholars. If one misses the ritual worship due to the chess and plays for benefit is forbidden according to us.”
Among the Hanefi scholars İbn-i Abidin says this about chess: “It is forbidden, in our creed is a very big sin.” And says that İmam Şafii and according to one narration İmam Ebu Yusuf regards it as permissible. As for the statement of Vehbaniyye, Şarih which is “There is no harm in the chess.” says that it is a narrtion. 2
As İmam Nevevi expresses, in order to be permissible, there have to be four conditions present:
1. Those who play chess shouldn’t let the ritual worship delay threby plunging into game.
2. Chess musn’t be played in the matter that causing gamble for money or similar benefit, that is to say, the winner or loser musn’t lay down conditions for something.
3. Those who play, during the game must abstain their tongue from bad words, lie, gossip and swear.
4. Those who get used to chess, musn’t be addicted with it as unable to give up as.
In that case, according this view, chess is regarded as permissible on the condition of not overdoing, not preventing prayers and not causing sins .
Among the Şafii scholars İbni Hacer el- Mekki who dealt with chess being permissible in respect of itself nature explains the difference between backgommon and chess like this:
In the backgommon the play bases on dices. But the chess bases on improving the opinion and intellect. From this point of view, about battle tactics this can be advantageous.” In his treatise called Ez-Zevacir giving place to this matter longly İbni Hacer finally comes to this conclusion:
“ There is no point in mentioning longly about different views on this matter. Once understanding the basis, it is possible to construct arbitrament on. The basis is this: If this kind of games are basing on thought and calculation, thre is no way save that saying permissible. So is backgommon.” 3
With the result that complying with İmam Şafii and Ebû Yusuf’s conditions and considering İbni Hacer’s comment, preferring the side of permissible is possible to be saved from responsibility for those who play chess.

1.    ez-Zevacir, 2: 200
2.    Reddü’l Muhtar, 5: 523

3.    ez- Zevacir, 2:201-202
Mehmet Paksu, Ibadet Hayatımız (Our life of Worship)- 1

17 Why can we not eat an amphibious animal?

Maliki school does not regard any sea animal as an exception whereas Hanbali scholar considers eel (snakefish) a malignant creature and Shafi’i school considers eating amphibious animals’ meat such as frog, crab or crocodile is haram.

According to Hanafi school, eating sea animals that are not in the shape of a fish is considered haram. That means every kind of fish which always live in the water is edible. Turbot, carp, dolphin, eel are among them. However, other sea creatures are not acceptable as hala to eat. Eating mussel, oyster, lobster or crab is not considered as halal but haram.

Based on these principles, sea creatures like mussels or oysters are edible according to Shafi’i, Maliki and Hanbali sects whereas inedible according to Hanafi school. The reason why Hanafi school considers it as haram is that these creatures are unpleasant, ugly and dirty with either in their appearance or with their edible parts. 
 

18 If I get dental veneers or dental crowns, Will my Ghusl (ablution) be valid? Do I need to take them off?

According to Hanafi sect, the inside of the mouth and the nose are regarded as the outside part of the body. Therefore, it is necessary to rinse the mouth and nose during fard ghusl. Those who say that dental filling and coating prevent ghusl act on that principle and have the opinion that the ghusl of those who have their teeth filled and coated is not valid.

As it is known, when a tooth decays and its center becomes hollow, it is either pulled out and replaced by a denture or the hollow part is filled. When the denture is placed the adjacent teeth are thinned and coated. That treatment is carried out due to an obligation. Today, in the treatment of teeth, one of those methods is certainly used. If the tooth is not filled, it goes on decaying and the tooth is lost. In order to prevent it, the tooth is filled and maintained for a long time. Thus, it is understood that that application is obligatory.

If a tooth is filled or coated due to an obligation, that filling and coating material are regarded to be a part of the tooth. Therefore, it does not prevent ghusl.

An incident that can shed light on the issue took place in the Age of Bliss. The nose of Afraja bin Asad, a sahaba, had been cut off during a battle before Islam. After that he had a silver nose fitted but a bad smell from the nose disturbed him and others. He told the Messenger of Allah (pbuh) about it. He advised him to have a golden nose fitted.1

Acting upon that hadith, some Islamic scholars, primarily Imam Muhammad, stated that there was no drawback to having one’s teeth filled and coated; they even said that it was permissible to use gold for it. It is possible to find out about the essence of the issue in the explanation of that hadith.2

In addition, it is expressed in fiqh books that the paint in the nail of the painter and the food residue in the teeth do not prevent ghusl. Dental filling is something like that. Although it is possible to remove the food residue between or in the teeth and the paint in the nail, it is not possible to remove the dental filling and wash inside the tooth.  Therefore, dental filling does not prevent ghusl.

If the coating or filling is carried out due to an obligation, which is usually the case, it is the treatment of the decaying tooth; it does not prevent ghusl. That obligation should be determined by a religious and authoritative doctor. Badiuzzaman, who states that the coating carried out as a result of the advice of such a doctor has no drawback in terms of religion and that the tooth under it is regarded as an invisible part of the mouth rather than invisible, explains the issue as follows in a letter answering a question:

“The fact that the part under the coating is not washed during the ghusl does not invalidate ghusl because the coating over it is washed and the coating replaces it. The bandage over a wound is not removed during ghusl so that it will not harm the wound and washing the bandage is regarded as washing the wound religiously; similarly, washing the fixed coating applied on a tooth due to an obligation is like washing the tooth and it does not invalidate ghusl. Allah knows it best. The permission depends on an obligation; coating and filling the teeth for adornment without any obligation is not permissible. When something that interests everybody becomes an obligation and when someone misuses it deliberately although he does not need it, it does not become permissible. If it happens inadvertently, it will not be permissible for obligation.”3

However, the removable dentures need to be removed during the ghusl while washing the mouth.

That issue is present only in Hanafi sect. In other sects, for instance, according to Shafiis, it is sunnah to wash inside the mouth during ghusl, not fard. According to that sect, it does not prevent ghusl whether the tooth is filled, coated or replaced. 

However, there are two points that we must not forget. The first one is that a religious and authoritative doctor must say that filling or coating the tooth is necessary... If such a doctor states that it is an obligation, that treatment is carried out; it does not prevent ghusl; that permission can be used. Suppose that a doctor does not think and does not say that it is necessary but someone wants his teeth to be coated as an adornment and to show off.

Those who have their teeth coated acting upon that second concept cannot make use of the permission given to the first group. Their ghusl will not be valid because they do not have their teeth coated due to a necessity. They do it just for adornment. They do it although they do not have to.

The rumors that filling and coating teeth prevent ghusl are related to the second type of people who do it without an obligation. Those who misunderstand it think that it is about the teeth that are filled or coated due to the advice of a religious and authoritative doctor; and they feel disturbance and make mistakes.

As a matter of fact, the following is stated in the valuable fiqh book Multaqa explanation reported from a fatwa book:  

— Is the ghusl of a person who has had to have his tooth filled and cannot remove that filling during ghusl and rinses his mouth while the filling is fitted valid?

The answer: yes, it is. There is no need to doubt. 4

1. Tirmidhi, Libas: 31; Abu Dawud, Khatam: 7.
2. Sarakhsi. al-Mabsut, 1:132.
3. Barla Lâhikası, p.157.
4- Explained Multaqa translation, Taharah, p. 32
See Mehmed Paksu İbadet Hayatımız

19 Can a person appoint a proxy for worships like daily prayers (salah), fasting, zakat (almsgiving) and Hajj?

Worships are divided into three as those performed only through the body, those performed only through money or goods and those performed both by the body and money or goods. No matter how a worship is performed, its reward can be donated to someone else. The person to be donated benefits from it.

As for the issue of whether a worship can be performed on behalf of someone and if it can be performed whether the responsibility of fard and wajib (obligatory) worships will be removed:

a) Appointing a proxy is definitely not permissible for the kinds of worshipping that are performed only through the body such as daily prayers, fasting, itikaf (staying in the mosque for worshipping). No one can perform fasting and prayers on behalf of someone else. Appointing a proxy for those kinds of worshipping will not remove the responsibility of the obligation.

b) Appointing a proxy is absolutely permissible for the kinds of worshipping that are performed through money or goods such as zakat, sacrificing an animal and sadaqah. A person can pay his zakat himself or can appoint someone as a proxy to pay his zakat on behalf of him. 

c) Appointing a proxy for the kinds of worshipping that are performed both through the body and money or goods like Hajj is only permissible if the person who has to do it cannot do it due to weakness; otherwise, it is not permissible. If the appointed proxy makes Hajj for a person who cannot or could not make hajj due to death, old age, chronic disease, lack of non-mahram for a woman to travel for Hajj, etc, the Hajj is regarded to have been made for those people. The people with those excuses have to appoint someone as proxy and send him to Hajj. Their obligation to make Hajj is removed when they send someone as proxy to make Hajj on behalf of them. 

It is necessary for those who are obliged to go to Hajj but die before they go to Hajj or send someone to Hajj in lieu of themselves to state in their will that someone should be sent to Hajj for them. If one third of the inheritance is enough to meet the expenses of the person to be sent to Hajj and the heirs do not send anybody, they will be responsible before Allah. If one third of the inheritance is not enough to meet the expenses of the person to be sent to Hajj or there is no statement in the will of the person regarding the issue, the heirs will not be responsible for it. However, if there is no statement in the will or one third of the inheritance is not enough to meet the expenses of the person to be sent to Hajj but if the heirs meet the expenses and one of them goes to Hajj or send someone to Hajj in lieu of the late person, the responsibility of the late person will be removed. 

According to a narration, a woman from the tribe of Has`am went to the Prophet and said that her father was too old to sit on a mount and asked whether she could make Hajj for him. The Prophet replied that she could. (Bukhari, Hajj, 1; Muslim, Hajj, 407).

Ibn Abbas narrates: A woman vowed to make Hajj but her life was not long enough to make it; she died before she could make Hajj. The brother of the woman went to the Messenger of Allah (pbuh) and asked him what he should do. The Messenger of Allah (pbuh) asked him, “If she had owed some money, would you pay it? The man said: "Yes, O Messenger of Allah“. The Messenger of Allah said: "Then, pay her debt to Allah, too, because He deserves more to be paid." (Nasai, Manasik'ul-Hajj, 7)
Ibn Abbas (may Allah be pleased with him) also narrates: Sinan b. Salama al Juhani’s wife wanted someone to ask the Messenger of Allah (pbuh) if she could make Hajj on behalf of her mother who died. The Messenger of Allah (pbuh) said: “Yes” and added, “if your mother had owed some money and if you paid for it, her debt would be removed, wouldn’t it? Then, let her make Hajj for her mother.” (Bukhari, Jazau’s Sayd, 33)

According to another narration, a woman asked the Messenger of Allah (pbuh) about the state of her father who died before he made Hajj. He said: “Make Hajj on behalf of your father." (Bukhari, ibid; Tirmidhi, Hajj, 85; Nasai, Manasik'ul-Hajj, 8)

It is necessary not to neglect Hajj. A person who is obliged to make hajj but cannot do it has to send a relative or friend he trusts to Hajj on behalf of him. Neglecting Hajj brings about divine wrath not divine misfortune. Its punishment takes place in the form of the increase of the sins. (Nursi, Sünûhât, p. 54)

The reward of a performed worship, the prosperity of the verses of the Quran or prayers and the reward of a charity and good deed can be donated to someone else, and the person to be donated benefits from it without any decrease. (Nursi, Şuâlar (Rays), p. 589)

However, appointing someone as a proxy can only be permissible if the obliged person cannot make Hajj himself. Otherwise, it is not permissible for someone who can Make Hajj himself to send someone else as a proxy for Hajj.

However, the excuses like being too old, chronic disease, being bedridden, death, lack of non-mahram for a woman to travel for Hajj are the reasons that make the obliged people unable to make Hajj themselves. When one of those excuses is present, the person who is obliged to make Hajj can send someone else on behalf of him to make Hajj.

The person to be appointed as a proxy should be qualified to make Hajj and should make Hajj by intending to make it on behalf of the person who has sent him. Both the obliged person and the proxy must be sane, baligh (having reached the age of puberty) and qualified to make Hajj. 

According to Shafiis, the heirs of a person who was obliged to make Hajj but died before he could are obliged to make Hajj for him or appoint someone as proxy to make Hajj for him even if he had not stated it in his will and even if one third of the inheritance is not enough to meet the expenses of the person to be sent to Hajj. It is because Hazrat Prophet likened Hajj to other debts and stated that Allah deserved more to be paid. (Bukhari, Jazau's-Sayd, 22; Tirmizî, Hajj 85).

It is not necessary for a person who set off for hajj in the year Hajj became fard for him and died before he could to state in his will that someone be sent to Hajj as proxy for him; however, it is necessary for a person who set off for hajj not in the year Hajj became fard for him but later and died before he could to state in his will that someone be sent to Hajj as proxy for him. The proxy needs to be sent from the hometown of that person according to Abu Hanifa but from the place where he died according to Abu Yusuf and Imam Muhammad.

20 Is it permissible for a man to wear a platinum ring?

1- The reason why it is haram for men to wear golden things is the fact that it was forbidden by the order of our Prophet. Therefore, the reason why gold is haram is not because of its value only. Gold and silver are two elements that are used like that due to their functions. Besides, gold and silver are ornaments for women. Moreover, gold is a measure of worth among nations. Therefore, nobody saves platinum but gold because platinum does not have much value after it is used. Platinum is not like gold in terms of religious criteria; there is no verse or hadith that prohibits platinum.  

2- Diamond and brilliant are not as practical as gold and they are not symbols for women; so, they are permissible for both women and men. There is no drawback to producing and selling them.

3- There are two kinds of white gold in the market.

a- 14-carat white gold. For instance, 585 g of pure gold and 415 g of palladium are mixed in order to produce 1 kg of white gold.

58,5% of such white gold is pure gold and 41,5% of it is palladium; therefore, according to Hanafis, it is regarded as gold since most of it is gold. If its amount is equal to or more than the amount of nisab, zakah has to be given for it and it is not permissible for a man to wear it.

b- 13-carat white gold. It is produced by mixing 415 g of pure gold and 585 g of palladium. 41,5% of such white gold is pure gold and 58,5% of it is palladium. It is regarded as palladium since most of it is palladium. If it is not used for trade, zakah is not given for it. It is not haram to wear such a ring but it is makruh.

However, according to Shafiis, although the amount of palladium in it is less than that of gold, zakah has to be given for it if the white gold or the amount of gold in it is equal to or more than the amount of nisab. It is haram for a man to wear a ring of white gold even if the amount of gold is less than that of palladium in it.

Halil Günenç, Fetvalar

21 Gusl

Ghusl (Major Ablution)
Ghusl means major canonical ablution or a complete washing of the body. It becomes obligatory after sexual intercourse, even if only the head of the penis disappears into the vagina. Any discharge of semen, and the completion of menses and post-childbirth bleeding.
Taking ghusl every Friday before the congregational prayer is highly advisable, for the Prophet always did so. Before beginning ghusl, one should make the intention to perform it and, if one will pray after performing it, also the prayer.

 

Things Forbidden to a Ritually Impure Person
People who are in this state cannot pray, circumambulate the Ka'ba (tawaf), enter a mosque or place of worship unless necessary, or touch the Qur'an or any of its verses except with a clean cloth or something similar.

 

What Makes One's Ghusl Valid?

  • Rinsing the mouth thoroughly so that all of its parts are cleaned properly.
  • Rinsing the nose right up to the nasal bone.
  • Washing all bodily parts thoroughly, including the hair.

The best way to perform ghusl is as follows:

  • Having the intention (niyyat) -I intend to perform full ablution (ghusl) for the sake of Allah- to cleanse the body from (ritual) impurity while washing oneself.
  • Washing the hands up to the wrists three times.
  • Washing the private parts thoroughly.
  • Removing all filth from all bodily parts.
  • Performing ablution.
  • Washing all bodily parts three times, including the hair thoroughly. No part, even the size of a pinpoint, is allowed to remain dry. Rubbing and pressing the body is not obligatory.

22 Is it Haram to listen to Music?

Almost everybody agrees that human has two basic components: Soul and self. First, we need to distinguish between soul and self and point out how they two appear, and then answer the question.
Science cannot carry out experiments about soul and self. On the other hand, it can get some results indirectly, through examining the effects that these two leave on human. What psychology and parapsychology do today is this anyway. For instance, drawing conclusions about dreams on body examinations, which take place while sleeping can be considered among this type of indirect examinations.
Human soul constantly longs for his homeland, the hereafter and yearn for it. Yet for a certain time he cannot do it since he is confined to his bodily-cage. On the other hand, the self continuously seeks comfort and welfare and instills them into man’s will. As a result, man is under the influence of these two elements. Whichever appears dominant, s/he is forced to that way.
As for music whatever music addresses man’s agreeable feelings, brings about decrease in his worldly lusts, and an increase in seeking the hereafter further, we can say that that kind of music is beneficial. It is not haram. However, whatever music addresses man’s carnal desires and keeps him/her away from his/her lofty feelings, it is clear that this kind of music is not any nourishment to his/her soul, but poison. That is to say, it is haram.

23 Is it haram to eat mucus, phlegm, nail and hangnail?

It is not haram to swallow the mucus and phlegm that come to the mouth. However, it is an unpleasant act.

It is haram to eat nail and hangnail especially according to Hanafi Madhhab.

It is not permissible for a person to break off something from his body and eat it even if he does in order to save his life.

24 Is it permissible for male and female to color hair?

Males are permitted to dye their whitened hair and beards with henna or a similar dye. It is permitted for men to dye their hair. However, it is not permitted for aged men to dye their white hair black with the intention of seeming young. They can dye with another color.

Women can dye their hair in order to look beautiful to their husbands. But the dyes should not form a layer on the skin.

25 Could you please give information about Hunting in Islam?

All wild animals in their disposition that run away from human beings - regardless of whether they are edible or not - are called preys and catching thoese animals is called “hunting.”

It is permissible in Islam to hunt both land and sea animals. In the Quran, it the following is stated:

They ask thee what is lawful to them (as food). Say: lawful unto you are (all) things good and pure: and what ye have taught your trained hunting animals (to catch) in the manner directed to you by God: eat what they catch for you, but pronounce the name of God over it” (al-Maidah, 5:4).

Lawful to you is the pursuit of water-game and its use for food” (al-Maidah, 5:96) (also see al-Maidah, 5:1, 2, 94, 96). Nevertheless, it is makrooh (abominable) to hunt just for entertainment. It is haram to hunt while in Hajj and in Ihram.

Meat The flesh of some hunt game animals is edible, and some is not. They are hunted to benefit from either for their skin, or wool or fangs,; or to be safe from the danger they cause for people.

There are some conditions so that meat flesh of a hunted animal can be halal to eat. Some of thoese conditions are related to the hunter, some to the hunt game animal and some to the hunting tool.

1-Conditions related to the hunter:

a- the Hunter must be Muslim, mumayyiz (person who has reached the age of discretion), sane or one of the people of the book, that ’is, Christian of Jewish. The meat flesh of the animals hunted by people apart from thoese cannot be eaten and also animals slaughtered by them cannot be eaten, either.

b-While the hunter is shooting the prey, or while he is sending the animal that is going to catch it, he must utter basmala. If he does not utter basmala deliberately, the meat flesh of that prey cannot be eaten.

c-The hunter must take action right away, without occupying himself with anything else, after shooting hunt the animal or having it caught by the trained huntinger animal. Sometimes it is possible that the hunter may have missed the animal and it may not have been killed. If he does not search where it is but occupies himself with something else and finds the animal dead later, the meat flesh of that animal cannot be eaten. Yet, if he finds the animal he injured as dead, without waiting after shooting it, its meat flesh can be eaten. (Maydani, al-Lubab, III, 220).

d- Shooting the gamehunt animal or sending the trained animal to catch it must be done by an expert hunter and anyone no one who is unfamiliar with hunting must not interfere in thisit. The Messenger of Allah (pbuh) prohibited hunting with stones, wrist rockets and clubs. A hadith narrated by Muslim is as follows:

Stone neither hunts nor injures the enemy. It only breaks teeth and wounds eyes.

A hunter shoots the prey yet loses it and finds it after a while. The following hadithes related to the issueis wereas narrated from Adiy b. KhHateam:

Eat the prey if you find it outside of water after shooting your arrow. Otherwise, you cannot figure out if it was water or the arrow that killed it.

If you cannot find any bruise made by a wild animal on your prey and if you conclude that it was your arrow to havethat killed it, eat it

If you find your prey three days after shooting it and it yet does not smell rotten, eat it

Mercy and need are the leading necessities to be taken into consideration in hunting. A Muslim who hunts for his needs must be merciful. He must not hunt during mating and reproduction periods. A true believer will be responsible for a great sin if he hunts to the degree that makes animals extinct and spoil nature’s balance.

2-Conditions related to the hunt animals:

a-The hunted animal must belong to a species that is permitted to eat. (see edible animals)

b-It must be wild in disposition and not domestic or tamed.

c-It must not be a pests or insects.

d-As for the sea animals, it must be fish (species of fish living in soft fresh water or hard watersea).

e- The animal must have died because of hunting. If the hunter catches the injured animal before it dies, he needs to slaughter it. Otherwise, it cannot be eaten.

3-Conditions related to the hunting tools: Animals are hunted with trained animals such as dogs, hawks, falcons, goshawks or by nets, and traps or with weapons. Thoese trained animals must have the conditions listed below:

a-They must go for the prey when they are sent.

b-They must be trained for hunting.

A dog is accepted to be trained when it does not eat the animal it caught for three times and animals such as falcons and hawks are considered to be trained if they return when they are called back.

c-They must not eat even a morsel from the meat flesh of the animal they have caught.

d-They must not kill the animals by choking them. If the animals die for another reason after being injured, they cannot be eaten.

e-Any No other untrained animals such as foxes and others must not help them with hunting.

In our day, hunting is usually performed with weapons. As we mentioned above, the hunter must utter basmala while shooting the prey, must run to it right away after shooting it and slaughter it if is not dead yet. If it has died because of shooting before the hunter reaches it, it can be eaten without the need to do anything else. (Maydani, ibid., III, 217, ff.)

Durak PUSMAZ

26 What is the Islamic view on Inheritance?

Here is a guide about the Islamic view on Inheritance. This brief guide includes an answer for the division of the inheritance for your situation.

The reasons why women are regarded different related to inheritance

One of the institutions that our religion has improved and corrected is the law of “inheritance”. In the laws of China, Rome, Japan and especially Arabia in the period of Jahiliyya, women had been fully deprived of inheritance.
The daughter had no right over the property of her father. Inheritance used to pass down to the son; nothing used to be given to the daughter. Unfortunately, that wrong custom is still valid in some regions of our country.
While the sons live in wealth and abundance thanks to the inheritance, the daughters of the same father live in need and poverty.
Making radical changes and introducing innovations in the issue of inheritance as it did about many vital issues, our religion ended the oppression that lasted for centuries. It distributed the inheritance justly.
The 11th verse of Chapter an-Nisa explains the distribution of the inheritance fully. At the beginning of the verse the following is stated, "Allah (thus) directs you as regards your children's (inheritance): to the male, a portion equal to that of two females."
Thus, that wrong application was corrected clearly. However, some people who do not understand the revolution of Islam regarding the issue keep on saying that Islam gives the woman half of the share that it gives the man and they are obsessed with the interpretation that Islam does not protect the right of women.

As a matter of fact, the issue is not like that at all. If the issue is taken into consideration in terms of the social structure of man and woman, their responsibilities in the family and the psychological factors, it will be seen that the judgment of the Quran is just and right.
According to the principle of life drawn by Islam, the daughter does not have to work. She is in a position of being a consumer. It is the result of the affection and mercy shown to her. When the daughter lives in the house of her father, her father and her male relatives have to meet her needs, take care of her and protect her. After she marries, her husband has to provide for her and meet her needs. The woman cannot be forced to spend her own money or property for the needs of the house.
Just as a man has private property so too does a woman have the right of having private property. However, if the woman wants, without any force, she can contribute to the expenses. Accordingly, the woman is regarded to have nothing; all of her expenses like eating, drinking, dressing have to be met by her husband. If the man does not take care of the house or if he acts stingily and if he does not spend on his house in accordance with his wealth, the woman has the right to complain about her. She can apply to the Islamic court about it.
On the other hand, when the woman marries, she receives mahr (a kind of dowry) from her husband and she receives many other presents depending on the customs of the region. While man constantly spends his money and property, the property of woman increases.
After the man marries, he will have the responsibility of taking care of his family; he will have to provide for himself, his wife, children and even his parents and other relatives if they are in need.
Accordingly, while the two thirds of the inheritance that a man receives is constantly spent and decreases, the one third of the inheritance that his sister receives increases and it is protected. So, is the wealth of the brother or the sister more than the other? Is the man or the woman privileged?
A brother has to meet the needs of his sister if she is single or a widow and if she cannot make both ends meet with the inheritance that she received from her father.
Thus, Islam has determined a just division in accordance with the responsibilities and needs of both genders, and has maintained the principle of justice. The criterion of two shares for the man and one share for the woman is valid in the law of inheritance, which is received without any effort. As for the property that is obtained through effort, the woman and man receive equal wages when they work whether in the sector of trade, agriculture or industry or a similar sector. Both the woman and the man who are shareholders of the same company deserve the equal rate of profit in accordance with their shares. That is, neither the man receives more nor the woman receives less…
Badiuzzaman Said Nursi starts explaining the issue with this sentence: "Unreasoning civilization criticizes the Qur'anic verse which apportions to women one third." He determines that most of the rules in social life exist because of their prevalence in regard to the majority and adds, "Mostly a women finds someone to protect her. As for the man, she will be a burden on him and will have to combine efforts with someone else who will leave her her means of subsistence. Thus, in this form, if a woman takes half of the father's legacy, her husband makes up her deficiency. But if the man receives two parts from his father, one part he will give to maintaining the woman he has married, thus becoming equal with his sister. The justice of the Quran requires it to be thus. It has decreed it in this way."
When the issue is dealt with in terms of psychology, it is observed that a complete justice exists in the division of the inheritance. Even if the daughter gets married, has children and lives in a different house, she still needs the compassion, mercy and to a certain extent the protection of her parents and her brothers. Therefore, there should not be any decrease in their mutual love lest the bonds of relation should be harmed.   
As Badiuzzaman states, "A weak girl is greatly in need of kindness from her father and brothers. The Quran decrees that she receives kindness from her father without worry."
Her father, who thinks about the share her daughter will receive in the distribution of the inheritance does not decrease his compassion towards her before he dies and he does not see his daughter as “a harmful child due to whom half of his wealth will pass to the hands of a stranger.” Anxiety and anger are not mixed with his kindness.
The same thing is valid for the brother. When the sister receives one share less than her brother, with the expression of Badiuzzaman, "she also receives her brother’s kindness and protection free of rivalry and jealousy. He does not consider her “as a rival who will destroy half the family and give an important part of our property to someone else." ..(Sözler (Words), p. 381.)
Due to the many other similar reasons, the Islamic law has determined the share of the woman as one share less than the share of man in inheritance.

Division of the Inheritance:

According to the question about the issue, if the sisters and brother are all from the same parents, the inheritance is divided as follows:

The whole inheritance is divided into five. The brother receives two shares; each girl receives one share.

Is woman-man equality in question?
First of all, we should state that we do not agree with the idea of absolute equality of woman and man.
There are some fields where they are equal, some fields where man is superior to woman and other fields where woman is superior to man. Therefore, it is not possible to solve the problem in one item.   
If the question is "Is there a difference between woman and man in terms of being a good, virtuous person?”, we can say the following at once: dominance is something and virtue is something else. It is very difficult to say this or that is superior regarding virtue. Both women and men are slaves of Allah. Whomever Allah regards superior, whomever He loves more and whomever He is pleased with is the one that is superior. When we have a look at the Quran, which is the divine decree, we see that taqwa (fearing of Allah, clinging to obedience to Him and abandoning disobedience to Him) not gender is the criterion of superiority. Yes, the criterion of superiority before Allah is taqwa.
What is taqwa? With its shortest definition, taqwa is fearing of Allah, avoiding committing sins, keeping away from the acts, attitudes and words that He is not pleased with. It means to accept attaining His consent and pleasure as the greatest aim and to fear greatly from losing it. Whoever acts accordingly, he/she is the superior one. Gender is not important regarding taqwa.
Whenever taqwa is mentioned, we think of good deeds. Good deeds, that is, doing nice things. Gender is not important for good deeds either. For instance, if ten rewards is given for each letter of the Quran that is read, it is valid for everybody. There is no such thing as fewer rewards for the woman and more rewards for the man.   
We can deal with the issue in terms of psychology and ask the following question: Are there any differences between the woman and man psychologically?
We can answer that question as certainly without any hesitation. The differences between men and women start to be manifest beginning from childhood. The toys of boys and girls are different. A girl likes dolls best. She hugs her dolls, kisses them, changes their clothes, cradles them and puts them to sleep at an age when she has no knowledge about marriage. A boy generally plays with toys like cars, planes and guns.
When those children grow up, the topic of their talks changes too. While men usually talk about business or politics, women usually talk about household appliances and knitting.   
There is an apparent difference between the two genders in terms of talent. The man is better at composition and analysis whereas the woman is better at imitation and memorizing. For instance, the man is better at constructing an architectural building and placing all of its parts in a very nice way than the woman. However, the woman is better at decorating any part of that building with embroidery than the man.   
Man is more open to the external world. He is inferior to woman in terms of compassion but he is superior in terms of the talent of enterprising. Woman is more introvert than man. The most important benefit of it is the care and attention she will give to her child and home.    
The weaknesses of both genders are different too. Man has the weakness of dominance and oppression. Woman has the trouble of show off and “what others will say”.
The most apparent characteristic of woman is her sensitivity. It is also called “being influenced”. Woman is more sensitive in terms of being influenced by the environment. Therefore, she is more vulnerable to inculcation and being deceived.
The power of intuition in women is stronger than in men. Women need change more than men and women are more open to innovation and excitement. Woman is generally inferior to man in terms of the size of the body and strength. As a result of that characteristic, woman needs shelter more than man. However, that need turns to inferiority complex in some women and it becomes manifest as masculinity complex.
Woman is more loyal to her spouse than him. She is more faithful. She is superior to man in loving the world.
It is necessary to evaluate a woman in that psychology and to try to make her an ideal woman not to masculinize her.
Let us have a look at around us. There is a perfect harmony between the bodies and spirits in all living beings. To put the spirit of a gazelle into the body of a lion and to force it act like a lion harms that lovely spirit at first. Whenever it roars, it loses some of its grace and destroys one part of its own beauty at each attack. To force women to act like men by saying men and women are equal harms women at first.
As a matter of fact, the deliberate and intense activities that were carried out in that field have not changed anything. Acting upon the rule of “The judgment is given based on the majority”, we can say the following: women are still workers rather than industrialists, clerks rather than judges, secretaries rather than managers, hostesses rather than pilots, shop assistants rather than shop owners because it is not possible to change creation and nature.   
Unfortunately, we have not been able to give the woman her due. We either tried to dominate her excessively as if she is subject to us in terms of her sustenance or we gave her too much opportunity, encouraged her to be manly and destroyed her.

 

27 clap your hand.

As we could not understand your first question, we did not reply it. Can you please retype your first question . Also we replay only one question at one time.

Clapping hands is an act that means approving something. It has different meanings according to different eras. But in our day it means accepting or approving something.

It can be said that it is permissible when clapping is used for the matters that Islam accepts. If it is not acceptable in Islam, clapping is not permissible. As for the person who is applauded, when s/he receives applause for the reality s/he is talking about, it is permissible. But if s/he feels that his/her ago or hypocrisy will boast; s/he should not want applause.In this way, s/he will have saved himself/herself from the way leading him/her hypocrisy.

28 Is the marriage valid which is performed secretly from parents?

The Act of Marriage is a contract, a settlement and an agreement that is why it has certain conditions has to be fulfilled. If any of the conditions within this agreement are biased or not fulfilled that Act of Marriage would not be valid.  
1. The individuals who wish to get married have to be ready by person or by their duly appointed representatives.
2. The statement of both parties’ own will to get married. Both parties has to state that they accept the Act of Marriage by saying “I do”.
3. Affidavit of permission from the parent of the girl. This rule applies to all the sects except the Hanafi sect.
4. The witnesses had to be ready. These witnesses has to be two (2) men or one (1) men and two(2) women who reached their maturity age and who are sane. So it means there has to be one (1) man present in the witnessing.  
There is another condition apart from the conditions we mentioned above, and that is the announcement of the marriage. This rule applies to the Maliki sect only. However according to Ottoman Family Law Ordinance it is stated that the marriage contracts which were not registered to the district judge (cadi) will be considered void and the official marriage is strictly emphasized. 
They prefer religious wedding in order not to commit any sin when they feel alone however after doing that they find themselves in a very hard situation.
When a woman and a man with or without the permission of their family gets married in the presence of witnesses that marriage will be certain and valid and unless the man divorces the woman, the woman cannot get married with someone else. In this regard this is very inconvenient and dangerous. As a matter of fact we are receiving tens of questions regarding this matter. Such as “I had a religious wedding with a guy, he does not divorce me. What should I do?” “I got married with someone else before getting divorced from my other religious wedding. Would it constitute adultery?” We are facing with many such horrific problems. As a result of such situations what happens is impossible to compensate. That is why we never approve religious wedding without an official wedding.
A man who acted in anger from time to time which he would regret afterwards came to Mohammed’s (S.A.V.) presence and asked him:
- Give me a job that would get me to heaven, so I can do it and go to heaven!

Mohammed’s reply was very brief and clear:

- Beat your anger; do not act upon it that will be enough for you!

As it is pointed in the example above, anger is not an ordinary and simple state; as a matter of fact a man who cannot beat his anger would pull the trigger and kill a human being without hesitating. After this moment on the rest he is left with is lifetime regret.
Due to such results of anger, Mohammed (S.A.V.) frequently warns us for this reason:

The outcome of anger is always definitely regret and what we need to know about this anger that it has varying types of it.

He warned the people around him by saying:
-If you want do something good that would take you to heaven, do not act upon your anger, beat your anger, swallow it, and stay away from provocations that would lead to anger.
Some thinks anger is only a violent act resulting from temper.
However, there is a type of anger which is the outcome of a sexual provocation and this type of sexual anger has more dreadful results than the temper type of anger which would make someone to kill another by pulling the trigger without any hesitation.
Furthermore, because the sexual anger would have more dreadful results compared to a temper driven anger Mohammed (S.A.V.) has warned us to stay away from such views and environments that would provoke our sexual anger, and advised us not to exceed the limits of intimacy; he even gave us a striking warning among his other warnings about this matter:
- A human being whose sexual instincts arisen would be same as a human being who lost whole or two third of his mind. It means he would take any risk without thinking; he would turn towards rebellion with his sexual instincts arisen.
When two strangers from opposite sexes would come eye to eye, face to face in solitary places would mean to form basis to this sexual anger to arise slowly. At first innocent conversations, then shaking hands and holding hands, then such time would come the waves of the sexual tension would drift the sides to such points they start to see impossible things as very possible. Just as the girl on the phone who is desperately seeking for guidance and help.
A girl over the phone was asking me on the other end of the line:

- We would like to have a secret religious wedding with my schoolmate, what do you think?

Of course my response was with a harsh reaction.

-I told her I am against every sort of suicide. At the beginning of her life, a girl trying to secretly get married without the permission of her parents, risking her life is most probably the same as committing suicide. Maybe not for the boy but for the girl the result is not any different than a suicide.
-She insisted asking is there no other way?

I said yes there is and it is very easy too.

She got excited:
- Make an official wedding. So you can spare yourself and your family from a great devastation.

- But that is impossible, neither my family would give permission nor our school nor ages would allow us for such thing.

- So neither your age and school nor your parents would allow you to do such thing, how would you dare to have a secret religious wedding and what is this rush for? 

- For a long time we know each other and we see each other, we got used to each other, we seem to start avoiding and not being able to think these obstacles ahead of us, so we are ready to take the risk to have a religious wedding.
As we can see in the example above, not avoiding becoming eye to eye with a stranger and exceeding the limits of intimacy would lead the sides to this type of sexual anger and temptation. It would make them unable to think the results of their actions. Then the inevitable end comes and makes them to take the risks which would make them suffer and regret for the rest of their lives. They would not only drag themselves into this mess but they would also drag their families along with them and devastate them as well.
Even for Shafi’i sect, without the permission of the parents religious wedding cannot be done.
According to Hanafi sect, if the sides would not get an agreement, the parents do have the right to oppose and separate the sides.
Apart from these, it is against the law to have religious wedding prior to the official wedding. It would constitute a felony.
However, the ones who are drifted away by the sexual anger and temptation would not be able to think any of these logically.
Ahmed ŞAHİN

29 Could you please give information about the subject of "Excuse" in Islam ? In which conditions do we become (mazur) excused about the religious services?

It is described as : happening or non-happening of an action, the reason put forward for pardoning a crime, a shortcoming or a defect  of a property, the cases in which it is difficult to meet the Islamic conditions without causing more harm. About worshipping matters, an excuse describes a situation that causes something canceling the ablution to continue. That person who suffers from it is called an excused man. Some excuses occurring afterwards also affect the covenants.

These cases are excuses: Continually passing gas, dripping urine, bleeding nose or wound. Catamenia that lasts more than ten days or less than three days. Postnatal bleeding that lasts more than forty days.  Menstrual bleeding of a female younger than nine years or older than fifty-five years. Such a male is called “ma’zur (Excused male)” and a female is called “ma’zura (Excused female)”

In order to regard someone excused about the religious services, the excuse must continue without cessation for a period necessary to perform a prayer together with the ablution, within a prayer time. Besides, it must exist in other times of prayers at least once. The state of being excused disappears if it stops for a full prayer time.

The Prophet (PBUH) said to a woman who asked about the continual menstrual bleeding: “ In Allah’s knowledge, you will have six or seven days of period, after that make wudu ( ablution) and then pray and fast for 23 or 24 days. It will suffice you” (Tirmidhi, Cleanliness 95)

An excused person should renew his/her ablution for every time of prayer. The Prophet (PBUH) ordered an excused woman to do so. (Bukhari, Ablution, 63; Abu Dawud, Cleanliness, 110, 112; Tirmidhi, Cleanliness, 93) The ablution of an excused person is cancelled by the end of the prayer time. According to Imam Zufar, the beginning of a prayer time cancels it, while Imam Abu Yusuf thinks that both the beginning and ending of a prayer time invalidate the ablution. A person who makes ablution after the sun rises, he can perform the noon prayer with that ablution because the time for the prayer has not ended

A woman having a non-routine bleeding out of normal menstruation period, may have sexual intercourse with her husband because there is no certain evidence that bans it.
On the other hand, the permit was compared to the permit for praying under the same circumstances. An excused person may pray as much as he/she wants within one certain prayer time, with an ablution taken in that time. He/she may circumambulate the Kaabah, read the Quran. (Sayyid Sabiq, Fikhu's-Sunnah, I, 76, 77).

The Imam that leads the prayer in congregation must be free from any kind of excuses like urinating disorders, nose bleeding and continual gas passing. Such a person may only lead a person having the similar excuses in prayer (Ibn Abidin, Raddul-Mukhtar, I, 541).

In order to perform the Friday prayer and the five daily prayers in congregation, one needs to be free from diseases, to be secure, to be free (not slaves), to be capable of seeing and walking. If one of them does not exist, then, it is a valid excuse not to go to mosque in order top ray in congregation. (Zuhayli, Islamic Jurisdiction and Proofs, II, 270)

The following are valid excuses not to fast in Ramadan :

a) Journey. One may perform the 4-rakah prayers as 2-rakahs if he/she goes on a journey of  90 km long or more. He/she may postpone the Ramadan fasting too. In the verse, the following is stated,  “if any of you is ill or on a journey, the prescribed number (should be made up) from days later. “ (Surah al-Baqara, 2/184)

b) Illness. One does not have to fast if the illness gets worse when he/she fasts or if he/she cannot withstand fasting. The evidence is the aforementioned verse.

c) Pregnancy or nursing. A woman may quit fasting in Ramadan if she supposes that herself or the baby will be seriously harmed due to hunger. The evidence is the following hadith, depending on comparison to the sick and the traveler : “ Allah has called off half of the prayer and fasting from the traveler, and He has called off the fasting from the pregnant and nursing woman" (ash-Shawkani, Naylul-Awtar" IV, 230).

d. Old age. A person too old to fast or a hopelessly sick man who cannot withstand fasting does not have to fast in Ramadan; he does not have to fast later, either because he cannot do it. They must pay a ransom for each day they cannot fast to a poor man. In the verse, the following is stated : “For those who can do it (with hardship) is a ransom, the feeding of one that is indigent “ (al-Baqara 2/184)

e) Fear of death due to hunger and thirst. A person faced with such a situation does not fast. He will fast later. . In the verse, the following is stated : “make not your own hands contribute to (your) destruction” (al-Baqara 2/195)

f) One who is forced to break the fast may break the fast. According to the majority of the scholars, he can fast later. A woman who is raped by force or while sleeping must fast later.  (al-Kasani, Badayiu's-Sanayi', II, 94-97; Ibn Rushd, Bidayatul-Mujtahid, I, 277-285; ash-Shirazi,al-Muhadhdhab, I, 178 ff.; Ibn Qudama,al-Mughni, III, 99 ff.; al-Fiqhul-Islami, II, 641 ff.).

In general sense, an excuse also affects the practical issues; for instance, it might affect the rental contract in the following ways : Bankruptcy of the renter, change of profession, being appointed to work in another city are valid excuses for the cancellation of the contract. Also the owner might annul the contract before due time, in case he has to sell his real estate because of his debts. Sometimes the excuse might be about the rented property. For instance, one who rents a bath in a village may cancel the contract if the dwellers of the village migrate from there.  (as-Sarakhsi,al-Mabsut, XVI, 2; al-Kasani, ibid, IV,197; al-Fatawal-Hindiyya, IV, 198, 458, 462).

In an agricultural partnership, these are valid excuses for annulling the contract: the owner of the land has to sell the estate due to debts, the partner who undertakes the agricultural tasks gets very ill. However, in cases of partnership contracts which are closely related to reaping time of the crop or planting trees, agriculture and horticulture, the cancellation must be done in a manner that will not harm the other partner. For example: There is a contract done for two years. But at the end of the first year, due to an excuse that has occurred later, it is cancelled after harvesting the crop . (al-Kasani, ibid, VI, 183 ff.; Ibnul-Humam, Fathul-Qadir, VIII, 42; Ibn Abidin, Raddul-Mukhtar, V, 196 ff.).

In case of general mobilization, these are the excuses not to join the war: The blind, the lame, the sick, the paralyzed, the elderly, the weak, one whose arms and legs are amputated, one whose family’s livelihood cannot be met, children, women and  slaves are exempted from war. The woman is considered to be busy with his husband’s service and the slave is to be busy with his master’s service. A child does not have the obligation to join the war. Ibn Umar (Son of Umar) said: “ I was presented to the Messenger of Allah (PBUH) on the day of Uhud Battle, and I was fourteen, He decided that I was not competent for war. (Tirmidh, War, 32; Ibn Majah, The Punishments, 4). The others’ painful states are regarded as excuses: “There is no blame on those who are infirm, or ill, or who find no resources to spend (on the Cause), if they are sincere (in duty) to Allah and His Messenger: no ground (of complaint) can there be against such as do right: and Allah is Oft-Forgiving Most, Merciful.” (at-Tawbah, 9/91), “it is no fault in the blind nor in one born lame, nor in one afflicted with illness” (an-Noor, 24/61)

In case of a total attack by the enemy against an Islamic city, a woman may join the war only with her husband’s permission. (al-Kasani, ibid  VII, 97; Ibnul-Humam, ibid IV, 276, 283; Ibn Abidin, ibid III, 238, 241)

Jizyah (a tax collected from non-Muslims) is taken from the fully grown, free and male non-Muslims. The following are exempt from jizyah : women, children, the insane and senile people, those who are chronically ill, the blind, the paralyzed and people who are too oşd. Non-Muslims pay jizyah so that  the muslims will not fight them and they will be protected  against outer dangers. Those excused ones are not capable of fighting. The poor people do not pay jizyah because they cannot afford it. The priests that live a recluse life do not pay jizyah, either. (See at-Tawbah, 9/29; Celal Yeniçeri, State Budget in Islam, İstanbul 1984, p. 32, 33,190; Ziya Kazıcı, Tax System in the Ottomans, İstanbul 1977, p. 35-38; az-Zuhayli, VI, 444). However, the Shafii and Hanbali scholars base their judgments on the conditions of being sane, pubescent and male, for the jizyah; thus, they do not consider the aforementioned excuses valid for exemption from paying jizyah (Zuhayli, ibid VI, 445).

Hamdi DÖNDÜREN

30 Is it permissible for a man to pluck the hairs between his eyebrows?

It is not permissible for a man to pluck the hairs between his eyebrows.

31 Can a woman and her children eat from the haram earnings of the husband and the father?

The sustenance of the mother and the children is incumbent on the father. It is both a natural duty and a religious responsibility for him. The following is stated in verse 233 of the chapter al-Baqara:

“The father shall bear the cost of the food and clothing of their offspring on equitable terms.”

Imam Qurtubi, an interpreter of the Quran, shows this verse as evidence that the sustenance of the child is incumbent on the father due to his/her weakness. (Tafsiru’l-Qurtubi, 1/163)

That is, the father has to meet the needs of his children until they reach the age when they can earn their own living. It is actually his natural duty as a father. 

It is ordered by some verses and hadiths that the father has to work in legitimate business to carry out this duty. That is, the head of the family has to earn his living and meet the needs of the members of his family, that is, his wives and children and in some cases his parents, through legitimate business.

A person who is not content with legitimate business and attempts to do illegitimate business using the cost of living as an excuse due to the weakness of his belief and who even earns his living completely from illegitimate business will be responsible for the sins himself and all of the family members. 

It is because the members of the family have no responsibility or sins regarding the issue. Thus, they eat from the haram earnings because they are obliged to. Therefore, they are not regarded to have committed sins. 

Ibn Abidin writes the following regarding the issue:  

“A woman is not at all regarded to have committed a sin when she eats or wears something that her husband has earned illegitimately. The sin belongs to the husband. However, if the sustenance that the husband gives to his wife is something that has completely been seized illegitimately from somebody else, then it is not permissible for the woman to eat from it.” (Raddu’l-Mukhtar, 5/247)

The situation of the children is no different because sustenance of the children belongs to the father just as the sustenance of the wife belongs to the husband. Since the children have to eat from the sustenance that their father has earned illegitimately, the sins caused by that haram belong to the father not to themselves.  

However, when the children grow up and can work, they have to earn their living legitimately and spend their own money.

Mehmed Paksu

32 Is the ghusl of a person who covers his/her teeth only for decoration and show-off without any purpose of treatment valid?

According to a fatwa sent to us by the Directorate of Religious Affairs and issued by the Mufti Office of Silvan, it is not religiously permissible to cover the teeth without any need or a purpose of treatment, but the ghusl (full ablution) is valid because it is not possible to remove it.

Here is the fatwa mentioned above:

"It is understood that according to Hanafi and Shafii books, it is haram to cover the teeth with gold and silver without any need and it is understood that according to Hanafi scholars, it prevents one from getting rid of the state of janaba; the letter of the Mufti Office of Silvan dated 05/07/1945 was read: It is permissible to fill or cover the teeth with silver or gold or connect them with silver or gold as a result of the medical need stated by a Muslim dentist after examining the teeth; it is sufficient to wash the outer parts of such teeth for wudu (ablution) and ghusl; and the person is regarded clean. However, since it is very difficult to remove those fillings, coverings and bridges during wudu and ghusl because they are glued to the teeth, the ghusl and wudu of a person who had his/her teeth filled, covered or connected with silver and gold without any necessity (although it is not religiously permissible) become valid by washing the outer parts of them because it is impossible for the water to reach under them; and the person is regarded clean."

In conclusion,
to have one’s teeth filled or covered does not prevent ghusl. It is not necessary to imitate other madhhabs (sects) since it has been done for medical treatment.

No matter which madhhab a person follows, it is permissible to fill or cover the teeth when it is necessary for medical treatment; such a person can make wudu/ghusl based on his own madhhab without having to imitate other madhhabs, and worship. 

Therefore, it is permissible to have new teeth implanted, to have teeth covered and filled due to a necessity, and it does not prevent ghusl. Temporary dentures fitted for the part of the treatment are also like that. However, it is necessary to remove the false (removable) teeth during ghusl while washing the mouth. 

33 Is playing chess and backgammon religiously permissible?

Chess is a kind of board game which has become so common and popular in the world that it has been even encouraged at schools. There are courses and competitions that are being prepared, and special sections and parts are being spared in magazines and newspapers just for this game; and there are programm made about this game on television. In summary, this game is being played in public especially by young people at different times and places.

In this case, as in every game, there are some measures that Islam has brought on chess game and different viewpoints and perspectives are available as regards to its permissibility or prohibition. For this reason, no matter how common and popular it becomes, this does not stand as a credit for neither being religiously permissible nor being forbidden.

As is known, chess originated in Iran and it spread to other countries from there. It had not been known among Arabs before. However, when Iran was conquered and relations began with Iranians, their customs began to appear little by little among Muslims. Islam principally tolerates customs and habits that are peculiar to a nation and which fit its essence or which do not contradict to it. Nevertheless, it forbids behaviors, attitudes and customs which might be harmful and it orders people to quit them.

Even though it is not included in hadith books, chess is named as “the owner of the queen” in some reports and playing it is not regarded acceptable. While Ali (may God be pleased with him) does not tolerate chess, stating “Chess is the gamble of the Persian”, Abu Musa al-Ashari from the Honored Companions stated “ Those who play chess are those who do not care committing a sin” and Ibrahim an-Nahai, a great scholar of Islamic Jurisprudence, defined chess as “cursed” when he was asked about it. In the same way, Abdullah Ibn Umar has the opinion that “Chess is worse than other sorts of gambling” and Imam Malik regards chess as backgammon and he regards it forbidden as well. (1)

According to the majority of scholars of Islamic Jurisprudence, who adopt these reports and viewpoints, playing chess is not religiously permissible but forbidden. The preferred opinion by the Hanafi school is the same.

On the other hand, some scholars do not categorize chess the same as other games and think that it might be permissible to play chess under certain circumstances. Imam Nawawi, one of the great scholars of the Shafii school, states the following regarding this issue:

 “Chess is forbidden according to the most of the scholars. If a person misses the time of a prayer due to this game or plays it for a reward, then we regard it not to be permissible.”

Ibn Abidin, one of the scholars of Hanafi school, states the following about chess “ It is forbidden and it is a great sin in our school.” and he also notes that Imam Shafii and according to a report, Imam Abu Yusuf regard chess to be acceptable. Wahbaniyyah indicates that Sharih’s statement “ Chess is no harm” is a narration. (2)

As Imam Nawawi stated, there are four circumstances that should be available for chess to be religiously permissible:

1. Chess players must not be late for the prayer with the excuse of losing themselves in the game.

2. Chess must not be played for financial or similar benefits, in other words, it must be played under the circumstance that neither the winner nor the loser takes anything at the end as a reward.

3. Players should abstain from using a coarse language such as swearing words, lies, gossip during the game.

4. Those who have made playing chess a habit should not make it an addiction that cannot be given up.

In this case, according to this point of view, under the conditions of knowing the bounds, not making excuses for the prayers and not causing sins, chess is regarded permissible.

Ibn Hajar al-Makki, one of the scholars of Shafii school who examined the permissibility of chess by the particular way of the game, explains the difference between backgammon and chess:

“In the game of backgammon, the game depends on dice. However, chess depends on thinking and mental abilities. In this sense, this game can be utilized on planning war strategies.”

In his book titled Az-Zawajir, where he deals this issue broadly, Ibn Hajar finally concludes:

 “There is no point in talking long about different viewpoints on this issue. Once the condition is clear, then it becomes easy to set the order on it. Here is the condition: If such games depend on thinking and calcultion, then we should accept them as legitimate. Chess is like that. Yet if it depends on dice and prediction, then we have no choice but to call it forbidden. So is the backgammon.” (3)

In conclusion, by complying with the conditions that Imam Shafii and Abu Yusuf presented and considering Ibn Hajar’s explanation and preferring the legal side, chess players may discharge themselves from the responsibility.

1. Az-Zawajir, 2:200

2. Raddu’l Mukhtar, 5:523

3. Az-Zawajir, 2:201-202

Mehmed Paksu ?badet Hayat?m?z-1

34 Can we listen Arabic and Urdu islamic naats or qasidahs?

It is permissbile to listen to naats , qasidas or nasheeds. Islamic Nasheeds in different languages can also be listened too.

For more information about Music in Islam, please click on the link given below;

What does Islam say on Music?

  

35 Is applying kohl permissible in Islam?

It is stated in hadith narrations that the Messenger of Allah (pbuh) applied kohl and that he said applying kohl was useful.

From this point of view, there is no drawback to applying kohl for men or women. We have no doubt that the benefits of applying kohl to the eyes will be known in parallel with scientific developments. 

The prophet stated the following about kohl: "The best of your kohl is ithmid; it improves the eyesight and makes the eyelashes grow " (Abu Dawud, Libas 13, Tib 14; Tirmidhi, Libas 22,23; Ibn Majah, Tib 25). According to a hadith with a weak transmission, the Prophet would apply kohl three times to his eyes before he went to bed. (Baghawi, Sarhu`s-Sunna, XII, 117-119).

As it can be understood, both of them are in the form of medical advice. That is, they are regarded as sunnah zawaid (habit). Therefore, if someone abandons it without trifling with it, he is not regarded to have committed a sin. A person who applies it just because the medical benefits of it, he will benefit from it. As a matter of fact, modern medicine has determined the benefits of the kohl made of ithmid for the eyes and the benefits of the olive oil for feeding the hair cells and the skin. Those who apply them thinking that they are sunnah will make use of both their medical benefits and the reward of sunnah.   

The kohl that is sold as a cosmetic material at drugstores and perfume shops today is not made of ithmid and it is harmful rather than useful for the eyes and the skin; so we cannot say the same thing about it. It is only a cosmetic material. If it is harmful to the health, it is makruh (abominable) to use it. If it is not harmful, it depends on the reason why the woman uses it. If she uses it for her husband, it is mustahab (recommended)   

In fact, kohl is a means of ornament that dates back to previous ages. Arab women used to apply the kohl kept in bottles called “mikhala” to the eyes of their children.

When the widow Arabs mourned their husbands’ death, they gave up adorning themselves; and they started to adorn themselves again when they wanted to show that they wanted to marry. Applying kohl was an indication of being ready for marriage. According to a hadith reported by Muslim, Ibn Atiyya said, "We were prohibited from mourning for more than three days except for our husbands; the period of mourning for the husband was four months and ten days. We did not apply kohl, wear perfume or colorful dresses then." (Muslim, Talaq, 66, 67). Darimi says, according to a hadith, those who perform fasting are asked to apply kohl at night not during the day (Darimi, Sawm, 28), but he adds that he does not think it is objectionable.  

Aban b. Uthman advises that “sabir” (a kind of bitter medicine) be used instead of kohl while one is in ihram (Muslim, Hajj, 90; Ahmad b. Hanbal, I, 60, 65), but scholars does not find it objectionable to apply odorless kohl. (Muslim, A. Davudoğlu Ter. Şerhi, VI, 369)

36 What are the great sins?

The fewer sins man commits, the more virtuous his deeds become. For a woman, covering her head with a headscarf when she is outside increases the virtue of the salat (prayer) she performs. Nevertheless, the prayer performed by a woman who does not cover her head in daily life is valid as well. It is not right to give up performing prayers because of not covering one’s head in daily life.

In Islamic belief, except for the prophet, everybody commits sins. Sins are the words and deeds that are contrary to the commands and prohibitions of Allah considered as a crime by religion. Not to do what Allah commands and to commit what He prohibits are both sins.

The Concept of Major Sin

Because all of the sins are not equal, on a line stretching out from belief towards daily behaviors, they are separated into two parts as major and minor sins. Major sins are called Kabair, and minor ones are called Saghair.

Major sins are religious, individual and social major crimes and behaviors which have threatening verses or hadiths about and which lead to punishment both in this world and hereafter and cause wrong and distorted faiths, abandoning faith and religion, personal and social unrest, defeatism, deviation, anomy and corruption.

A real believer tries to avoid  all of the sins: major or minor. However, because the responsibility and results are more serious, a believer should not approach any one of the great sins.

Allah, All-Mighty reveals as follows in the Qur’an:

If you (but) eschew the most heinous of the things which you are forbidden to do, We shall remit your evil deeds, and admit you to a Gate of great honor. (An-Nisaa, 4/31).

Those who commit any one of the major or minor sins are not regarded as apostates except for the sins concerning with faith and unless they regard the sins they commit as permissible. However, they become sinners. One who commits major sins except for polytheism and blasphemy is called as Murtakib-il Kabira (perpetrator of great sins), Fasiq (committer of great sins) or Fajir (one who deviates into haram and bad ways).

Those who commit evil things should endeavor to be saved from their faults because they are sinner believers. So, at first, they should feel sorry and turn to faith from great sins which are regarded as being in the same degree as polytheism and blasphemy. As for other great sins, they should repent and not commit them anymore.

Allah, All-Mighty reveals as follows in the Qur’an:

Those who avoid great sins and indecent deeds, save lesser offenses,- verily thy Lord is ample in forgiveness… (Qur’an, An-Najm, 53/32).

“Say: "O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful.” (the Qur’an, Az-Zumar, 39/53).

Great sins are among the basic principles which are necessary to be known by believers concerning the issues such as belief, faith, worship or the everyday matters, for example, “What deeds are haram?” and “Which deeds are obligatory to abandon?”.  
We will try to list the 72 major sins which are mentioned in traditional religious books in a way showing parallelism with the systematic of 32 and 54 obligatory deeds:

“Major sins” significantly appear as a result of committing what is ordered not to comply with the acts which are mentioned in 54 obligatory-acts, or not complying with what is told to obey.
We will try to deal with the subject of “great sins” to a certain amount.
There are a great number of great sins. However, in traditional religious books, -from the point of learning and keeping in mind easily with a pedagogical genius- it is designated in the form of a schematic and systematic list by improving the concept of “72 Great Sins” which includes great sins chiefly.

Major Sins (72 Major Sins)

A- Major Sins Concerning the Articles of Faith

Major sins concerning the articles of faith are the wrong and distorted beliefs in the form of the extension of the fundamentals of faith:

1.    To associate partners with Allah,
2.    To believe and follow fortunetellers, soothsayers, magicians and those who claim to give information about the unseen (ghaib).
3.    To swear to someone except Allah.
4.    To abandon religion.
5.    To forget the Qur’an after memorizing it; to forget reading the Qur’an after learning it.
6.    To have affection for the worldly life. To have so much affection for the world as to forget the hereafter, to abandon the religious duties.
7.    To impute lies/untrue words to Hazrat Prophet, to report a word that he did not say.
8.    To talk against, utter bad words and swear at the Companions(Sahaba) of Hazrat Prophet.
9.    To swear at holy things and make fun of them.

B. Major Sins concerning the pillars of Islam

Major sins concerning the pillars of Islam are reminding and explanatory principles  the pillars of Islam concerning negative attitudes:

10.    Not to perform ghusl (full ablution) on time (to miss one of the daily prayers because of not having performed ghusl).
11.    To recite the azan (call to prayer) and perform a prayer before its due time.
12.    Not to perform the five daily prescribed prayers in time and perform them too late.
13.    Not to fast in the month of Ramadan without an excuse, to eat or drink something in front of Muslims.
14.     Not to pay zakat (almsgiving) and the tithe.

C. Great Sins concerning Halal-Harams (Permissible-Forbidden)

Some of the 72 major sins are about halal/haram varying from faith to practices:

15.    Not to act accordingly although knowing what is halal and haram.
16.    Getting dressed in a way to excite lust (this is valid both for men and women).
17.    Wearing silky clothes and adorning themselves in a pompous and dashing way (for men).
18.    To uncover the private and genital parts of the body and to show them to someone else and to look at the genital parts of someone.
19.    (For a woman) wearing the clothes of men; (for a man) wearing the clothes of women and trying to look like the opposite gender.
20.    To continue to eat after being full.
21.    To drink wine and alcoholic drinks; to use something that intoxicates such as drugs, heroin etc…
22.    To eat the remains of dog.
23.    To eat pork and lard.
24.    To eat dead animal carcass and to make others eat it.
25.    To have a tattoo done.
26.    To have or give interest (riba), to practice usury.
27.    To commit a theft.
28.    To extort one’s property.

D. Great Sins Concerning Ethics

An important part of 72 great sins is about bad ethics which is the opposite of high ethics:

29.    To disobey one’s mother and father, to beat them.
30.    To give up visiting one’s family, to break off relationship with relatives and not to visit them; if there is any need for them, not to provide it.
31.    To envy, be jealous of.
32.    To misappropriate.
33.     Regardless of being a Muslim or unbeliever, to betray all people.
34.    To make fun of a believer’s obedience to faith and the decrees of Islam.
35.    To utter dirty and bawdy words.
36.    To retail gossip and backbite.
37.    To backbite and gossip.
38.    To break the heart of his/her believer brother/sister.
39.    To talk against chaste women, to insult a chaste woman calling her a prostitute, to spread the family secrets of chaste women.
40.     (for a woman) To avoid sleeping with her husband.
41.    A wife’s going to visit someone without permission of her husband.
42.    To be married with two sisters at the same time.
43.    (for a man) To liken the private parts of his wife to his mother’s.
44.    (for a man) To swear at his wife’s mother.
45.    To remain ignorant; not to learn religious duties, obligations, necessities, sunnahs and to insist on ignorance. (Not to learn the information concerning the world and the hereafter and religion (such as obligatory acts and forbidden things) and not to avoid being ignorant. Those who do not learn religious duties may easily commit forbidden things.)
46.    Not to know how terrible ignorance is. (One who does not know that s/he does not know may easily fall down to forbidden things.).
47.    Not to measure and weigh in a correct and just way; to deceive people.
48.    Not to fear the torture of Allah, feel sure that one will not undergo any torture and to think that s/he is among those special people who will reach salvation.
49.    To give up the hope of Allah’s compassion.
50.    To commit adultery, to go after illegal lustful pleasures;
51.    To have a homosexual relation (to commit anal intercourse and lesbianism).
52.    (for a man) To try have a sexual intercourse when his wife is confined and is in menstruation.
53.    (for a man) To look with a lusty eye at someone’s wife or daughter.
54.    To become arrogant (to regard oneself  very important; to get above oneself; to move away from modesty); to oppress and tyrannize people by becoming arrogant.
55.    Unjustly to eat up the property of orphans. (the Qur’an, An-Nisaa, 4/10)
56.    To hide property when the inheritor is in deathbed.
57.    To tell lies,
58.    To swear in vain, to swear many times.
59.    To commit perjury; to swear an oath many times.
60.    To threw a living animal into the fire.
61.    To be stingy and to act stingily.
62.    To remind someone a favor that had been done before. To do somebody a favor, and then to rub it in.
63.    to laugh out loud unnecessarily.
64.    To sing immoral songs.

E. Major Sins Concerning Sins

One or two of the 72 great sins are about committing sins:
65.    To insist on committing sins/minor sins. To insist on committing too many sins.
66.    To commit sin in the Kaaba.

F. Major Sins Concerning Social Life

67.    Not to obey legal administration and laws of the government; to revolt against government and administrators.
68.    To kill someone intentionally and unjustly.
69.    To commit suicide.
70.    To run away from enemies in a war; to give up jihad in the way of Allah.
71.    To take or give bribes.
72.    Not to prevent the evil to be committed despite having the power or authority.

Vecdi Akyüz  

37 Is taking photos allowed and do they (photos) prevent someone from praying?

For the answer please click on the link given below.

Is taking photos allowed and do they (photos) prevent someone from praying?

38 Is washing the hair in Ghusl (Major Ablution) obligatory?

Washing all parts of the body including the hair is a requirement for the Ghusl (Major Ablution)

What Makes One's Ghusl Valid?
• Rinsing the mouth thoroughly so that all of its parts are cleaned properly.
• Rinsing the nose right up to the nasal bone.
Washing all bodily parts thoroughly, including the hair.

Please click on the link given below to have more information about Ghusl (Major Ablution)

Ghusl (Major Ablution)

39 Is it permissible for man to wear an earring?

According to the Islamic laws, it is considered permissible for women to have their ears pierced in order to wear earrings but not permitted for man. Some Islamic jurists argued that it is permissible for young boys to have their ears pierced and although it was practiced during the time of Prophet Muhammad (pbuh), it was not prohibited. Howsoever as for most of Islamic jurists, it is haram and for some, it is makrooh that is to say not permissible of an adolescent man’s having his ears pierced.

40 Is it religiously permissible to use condoms, contraceptive pills and similar methods for birth control? How does Islam view birth control?

Birth Control:

What is essential in Islam is not to prevent children from being born and to bring up a faithful generation which the Messenger of Allah will take pride in due to its number. Therefore, one should not avoid having several children.

However, today’s conditions make it difficult to bring up and feed several children, to equip them with Islamic ethics and to bring up a generation that the Messenger of Allah will take pride in; the family might face a lot of difficulties. In this case, parents prefer to have fewer children, as many as they can take care of and bring up; they want to use birth control methods. However, what can be done for birth control? How can parents control the number of children that they can take care of without having any spiritual responsibilities?

Here lie the hesitations and difficulties.

When we examine the issue, we will see that the most harmless method that has been used since the time of the Prophet is coitus interruptus (withdrawal method); the scholars have not objected to it very much because in this method, the sperm of the man and the egg of the woman cannot unite in the uterus and the thing (alaqa), that is, the base of human embryo does not form; the elimination of a human candidate is not in question.

Apart from this measure taken by the man, it is stated in the valuable fiqh book of Ibn Abidin that the woman has the right to close the opening of the womb. The woman can use her right to close the opening of her womb.

Those measures to be taken by both sides are unobjectionable because pregnancy is prevented by these two methods; elimination of a being is not in question.

The judgment about coitus interruptus is valid for the methods that are used for contraception like, pills, condoms, intrauterine devices, etc because they are regarded within the same context. The evidences about the permissibility of coitus interruptus are regarded like that too because they are similar. On the other hand, since it is permissible to prevent contraception through coitus interruptus by the man, then, it is permissible for the woman to prevent contraception, too, because the judgment is about preventing pregnancy no matter how.

The worry and doubt of prohibition is related to the phase of pregnancy after the sperm unites with the egg of the woman. That is, it is in question after the pregnancy starts. Then, this question comes to mind:

– Do birth control pills and especially intrauterine devices prevent pregnancy or do they eliminate a being that has formed?

According to the information given by the experts of medicine in seminars, the intrauterine devices used in birth control generally prevent pregnancy.

Naturally, the religious judgment is based on the general situation; therefore, using intrauterine devices is regarded to be permissible. 

Hayrettin Karaman gives detailed information about the issue in his book called “Hayatımızdaki İslam” and states the judgment that we have mentioned above about intrauterine devices. It is necessary to find detailed satisfactory information about the issue in this valuable book. It is stated in the book that intervention after pregnancy is not permissible. Doubtlessly, the soundest view is this first view because there is no risk of eliminating a being here. 

The second view, which lengthens the period of birth control to the phase after pregnancy, is stated by Prof Dr Hamdi Döndüren in his book, “Aile İlmihali”.

According to Hamdi Döndüren, those who have legitimate excuses can have birth control within the first forty-five days of pregnancy.

It is stated in this second view that the responsibility lessens as the excuse gets more serious and the responsibility increases as the excuse gets less serious. 

There also exists a third view. It is the view of some of the fiqh scholars of the previous periods based on their incomplete knowledge of medicine; they say a woman can have her baby aborted before it is four months old because its organs do not become apparent until then.

Those who oppose this view are in majority. Some scholars describe it as a murder.

Today, the advanced devices of medicine determine that life starts and the organs start to form the moment the sperm fertilizes the egg. Therefore, it is stated that to say that the fetus, which becomes apparent so early, can be aborted before it is four months old is based on the lack of knowledge in the past.  

41 Why Muslims don't eat bacon?
42 Is there a hadith regarding reciting adhan to the ear of a newborn baby? Will you mention a resource, event, etc about it? (How did it start and who started it?)

When a baby is born, a person who has religious knowledge is called and the baby is given to the hands of that person. Adhan is recited to the right ear and iqamah to the left ear of the baby. Then, the person recites the following supplication:

O Allah! Make this child grow as a nice sapling in the nursery of Islam; make him steadfast in Islam.

The parents of the baby look at the baby and say the prayer that Hazrat Ibrahim read when he looked at Ismail and Ishaq, his sons:

Alhamdulillahilladhi wahaba li ala’l-kibari Ismaila wa ishaq. Inna Rabbi lasamiu’d-dua.

“Praise be to Allah, who hath granted unto me in old age Ismail and Isaac: for truly my Lord is He, the Hearer of Prayer...”

It is sunnah to recite adhan to the ear of the baby. It was applied by the Prophet and continued after him.

According to what is reported in Sunan of Tirmidhi, when Hazrat Hasan was born, the Prophet recited adhan to his right ear. (1)

According to the narration of Hazrat Husayn, the Prophet stated the following about the wisdom behind his application:

“If a person has a baby and recites adhan to his right ear and iqamah to his left ear, the disease of ummusibyan will not harm him (jinn will not harm him).” (2)

Adhan and iqamah is the first suggestion of belief to the child because the principles of the religion like takbir, tawhid, prophethood and salah (prayer) are present in the meaning and content of adhan.

One should give a nice Islamic name when he names the baby. There are many recommendations, warnings and applications of the Prophet regarding the issue. One of the hadiths is as follows:

“On the Day of Judgment, you will be called by your names and your fathers’ names. So, give nice names to your children.”(3)

It is recommended to give the name of the child in the evening of the day he is born; however, giving the name can be delayed up to the seventh day.

Anybody can recite the adhan and iqamah to the ear of the baby. The iqamah is recited to the left ear.

(1) Tirmidhi, Adaha:15.

(2) Faydu'l-Qadir,6:237.

(3) Bukhari, Adab:108.

43 Is any kind of gelatin haram for muslim?

Not all kinds of gelatin but the kind that is produced from the pigskin is forbidden. It is permissible (halal) if produced from the other animals.

Being a kind of protein Gelatin is obtained from the collagen of the vertebrates such as cattle, pig and fish. Its main raw materials are pigskin, calfskin and calf bone. But generally the ones made by pigskins are used.

Gelatin is generally used in cakes, yoghurts, ice-creams and fruit juices. Also, it is used in medicines, capsules and tablets, and cosmetic products, photography and carbonized paper.

If, the gelatin is produced from the skin and bone of a calf, which was slaughtered in accordance with the Islamic principals, it is permissible (halal). Otherwise, that is to say, if it is produced from the forbidden things, such as pigskin, it is impermissible.

44 Do woman have to take off their fake nails before taking wudu?

Anything that prevents water from touching the skin is a hindrance for Wudu and Ghusl (full ablution). Fake nails also must be taken off before wudu or Ghusl.

45 Can the dead body of a Muslim be buried in a Christian cemetery?

In terms of religious and traditional applications, a person is buried in the cemetery where the dead bodies of the people with the same religion were buried before.

Throughout history, the cemeteries of Muslims have been formed in different places from Christian and Jewish cemeteries. The religion of Islam has applications regarding washing, enshrouding and burying the dead body, visiting cemeteries and praying peculiar to itself. they have been our culture. Cultural erosion and loss of identity can bring about disadvantageous outcomes for a nation.  

Therefore, there is no drawback to a Muslim cemetery being in the same parcel of land as a non-Muslim cemetery but it is not appropriate to bury Muslims and non-Muslims in a mixed way.   

Therefore, Muslims living abroad must try to establish their own cemeteries and bury the dead bodies of Muslims there. If it is not possible, and if the dead body cannot be transferred to another place, it can be buried in a separate corner of the Christian cemetery.

Turkish Presidency of Religious Affairs Fatwa Committee

46 Is it permissible to have a test tube baby? What are the conditions of having a test tube baby? Are the methods of determining the gender of the baby permissible?

Author: Presidency of Religious Affairs 2009-06-19 

1. What is test tube baby?

In families without children, at least 7-9 egg cells taken from the candidate mother and the sperms of candidate father are fertilized in laboratory conditions and they are kept there for three days so that the embryo will develop. Two or three of the embryos are placed into the uterus. If this first trial causes a successful pregnancy, there is no need for the remaining embryos. They are frozen in order to be used for a future pregnancy, or to donate to other married couples without children or to develop stem cells, based on the choice of the married couple.

The phases of test tube baby (IVF) application are as follows:

1- Some hormones  are injected into the mother and the ovary is stimulated; thus, many eggs are obtained.

2- The eggs from the ovary of the mother are compared with the male sperm cells taken from the father and they are fertilized in the laboratory.

3- Many blastocysts are obtained.

4- A few blastocysts prepared in the laboratory are placed into the uterus.

5- If the woman gets pregnant, the other blastocysts are disposed of or used in researches or the treatment of some illnesses.  

6- If the mother or father cannot have a child, sperms and eggs are obtained from other women or men.  

7- If the uterus is not suitable, a surrogate mother is found.

So far, almost all Islamic scholars have stated that it is permissible for couples that cannot have a baby through normal ways to fertilize the sperm of the husband and the egg of the wife in the outer environment and then to place it in the uterus or to send the sperm of the husband to the uterus of the wife though microinjection; however, they have also stated that test tube baby is not permissible  if some other ways are used by obtaining the sperm or the egg from another person or by using the uterus of another woman because it is a necessity in terms of the general principles of Islam that the sperm, the egg and the uterus belong to the married couple for a legitimate child.

However, the fact that more than one blastocyst is produced in the test tube baby method, and that some of them are placed into the uterus and others are destroyed or used in researches and the treatment of some diseases makes the test tube baby issue debatable again in terms of religion. It is because there are some scientists that regard zygote that forms after the insemination of the egg by the sperm as a human being. Accordingly, the human being should be shown respect from the first moment; his legal rights should be recognized and they should not be violated. 

In order to eliminate this objection, if possible, no eggs more than necessary should be fertilized and they should be preserved through scientific-technological means; only the eggs that are necessary should be fertilized. Otherwise, it will be objectionable to eliminate the fertilized eggs in terms of the religion. 

The Catholic Church does not accept the elimination of the stem cells obtained as a result of test tube applications. 

2. Freezing and Donating Eggs/Sperms

First, the application of freezing the sperm successfully and then thawing it was carried out; after that the embryo was frozen.  As a matter of fact the first pregnancy from the frozen and thawed human egg was realized in 1986 by Chen. After this first success, studies to develop the egg freezing technology in many centers in the world were carried out. Since the egg is a big and complex structure, it is very sensitive toward low temperatures. In the first studies, the eggs that were not mature were advised to be frozen; however, the studies carried out today show that mature eggs are more durable.  The eggs are freed from the cells around them during the process of collecting eggs and the mature eggs that are normal are frozen. It is very important to decide the rate that the temperature is decreased and what preservative substance to be used during the process of freezing. After the process of freezing the eggs, frozen eggs are put into liquid nitrogen (-196°C). The egg can stay in liquid nitrogen for a long time without being spoiled genetically. No malformation or disability is observed in the babies born after freezing and thawing eggs. In the first thawing processes, the rate of living eggs was 60% but today the rate has reached 80-90%.  Besides, the rate of fertilization after thawing was low at first, but after the microinjection method, the rate increased. Since those processes are carried out frequently today, the term bank is used regarding the issue. Therefore, along with banks of sperms and eggs, banks of embryos are often mentioned.

If the eggs of a woman are frozen and then given to that woman again in the future, it is religiously permissible.  However, it is not permissible to transfer those eggs to another woman because the egg has some personal characteristics/genetic code of the mother thanks to its chromosomes. When the egg cell is transferred to another woman, all of her characteristics together with the right of inheritance are transferred. Thus, this transfer will bring about religious, legal, social, psychological and similar problems that may arise in the future. Therefore, it is not permissible to use the fertilized eggs in another woman.  

As for the sperm, it is permissible in obligatory situations to give the sperm that is preserved in the bank to the wife of the man in order to impregnate his wife through test tube method in the future again.  However, if the sperms that are collected in the bank are given to other women who demand them, it is not permissible because it will bring about confusion in determining the father of the baby, which is one of the reasons why fornication is forbidden in Islam. Therefore, both the person who donates his sperms and the one that demands them are responsible. What they do is a sin because they are not married. 

In short, it is both haram and a social disaster to donate sperms to a sperm bank – except for one’s wife because one of the five common targets of the divine religions is the protection of the generation. It is one of the most important reasons why fornication is forbidden. This application is not permissible because it may degenerate generations, cause the birth of children whose parents are not known, cause the spread of some diseases strategically through sperms, cause many social problems, etc. However, if the sperms of a man are frozen due to some medical reasons and are given to his wife later, it is permissible.

3. Are stem sells and using them in treatment possible?

Stem cells are the cornerstones of life and the main cells that form the human body. Stem cells have the possibility ability to divide endlessly, to transform into all kinds of body cells and to undertake new duties. Stem cell research is the most important and the most controversial issue today. Apart from its superior potential in renewing tissues and organs, expectations about the treatment of many diseases and disorders caused by the destruction and/or elimination of tissues through stem cells in the world of medicine are great.

One of the sources of stem cells is the tissues obtained from the bone marrow of adults. However, researches put forward that the ability of such stem cells found in the differentiated tissues of the adults are quite limited. The sources that can be used for embryonic stem cells, which can meet the expectations fully, are controversial as it is stated above. They can be the embryos that are left after test tube applications or the tissues obtained from the fetus after the termination of pregnancy. Some people regard it as intervention in human life to obtain stem cells from human embryos; besides, the possibility that the researches carried out regarding stem cells can pave the way for cloning humans cause ethical, legal and lawful discussions in the world public about when human life started. These discussions have started to limit and even to prevent stem cell researches in the Western countries; consequently researches in this field have started to move to developing countries like South Korea.  

The point reached today in stem cell researches really gives hope for the future. If stem cell researches develop in the desired way, some diseases will be able to cured in the cellular level and a new source for the transplant of cells and organs can be provided. It is expected that basic scientific researches to be carried out on stem cells will bring about new approaches for many diseases that cannot be cured clinically. Thus, the diseases that appear due to the loss of cells that have no ability to renew or repair themselves will be cured. Among those diseases are Parkinson disease, Alzheimer disease, multiple sclerosis, paralysis that occur as a result of accidents, other diseases regarding the breakdown of nerve cells, cardiac failure that form as a result of a heart attack, osteoarthritis, or cartilage and bone losses that occur due to various reasons, cancer, diseases related to immune system and diabetes.  

Stem cells are cells that divide and renew themselves, that can be differentiated to form specialized cells like blood, liver and muscle. Those cells are studied under two headings: totipotent (that have the ability do differentiate in every aspect) and pluripotent (that have the ability to differentiate in a multi-pronged way. The totipotent stem cells that are present in embryo in the early period are called embryonic stem cells, which are developed in vitro; however, they are obtained from redundant embryos or from pregnancies that are terminated willingly.  They are totipotent like the embryonic stem cells obtained from adults or adult stem cells that can be reproduced through certain methods. They are stem cells that exist in bone marrow, umbilical cord blood and blood, that can be reproduced in the adult through special methods and by the help of certain growth factors and that can be transformed into blood cells as a result of the development. From embryonic stem cells, any of the 200 different types differentiated cells that form the human body can develop but from adult stem cells, only one or very limited number of types can develop. 

In many countries, primarily in the USA, England and Australia, the experimental researches regarding embryonic stem cells were completed; experiments on animals have been carried out for a long time.  There are some electronic data regarding applications on human beings but there are not any successful applications confirmed by scientific authorities yet. While the stem cells are produced in vitro, they can sometimes undergo some unwanted genetic mutations that can harm the organism. In addition, stem cell researches seem to be far away from giving products that can be used in treatments.

As for the religious evaluation of the issue of stem cells, we learn new things about stem cells every day. As we learn, the things that were known about the issue in the past become controversial; so its religious dimension assumes special importance. When the situation that exists is taken into consideration, many issues including test tube baby need to be evaluated again. 

The Christian world does not have a unanimous view regarding stem cells but they have similar opinions. 

According to Catholics, human embryo is valuable and the zygote must be treated like a human. They cannot be disposed of, preserved or used in researches. They do not support the application of test tube, which is a technology of in vitro fertilization, due to the same reasons. However, the Church gives full support to the use of adult stem cells. 

According to the Evangelist and Catholic Bishops Churches, the use of embryonic stem cells is definitely forbidden in Germany in order to protect the baby that is developing. However, the decision of the German parliament to permit the import of stem cells produced by killing human embryos depending on certain conditions shocked the Evangelist and Catholic Bishops Churches; they have stated that the fetus is regarded a human being beginning from the moment it is fertilized and that human life needs to be preserved.    

According to Jews, there is a potential that supports life in the embryonic stem cell; therefore, the researches need the support of the state; on the other hand it is understood that it poses a threat to the life of American people or the future generations. Therefore, it is necessary to support stem cell researches as long as they are checked strictly. According to Jewish scholars, the stem cell in vitro is not regarded a complete human being; hence, it does not have to be protected. To sum up, embryonic stem cell researches need to be continued if they preserve human life for more success and if they do not threaten life.

The Protestant Church does not think differently from the other churches regarding the human embryo; it has declared that it supports the continuation of the researches on stem cells.

The religion of Islam encourages all kinds of researches that can be beneficial to man and the community. However, Islam does not approve of them being taken to a point where they pose problems to legal, ethical and spiritual values. It demands necessary precautions to be taken regarding the issue. In fact, science and law authorities hold the view that technology needs to be used for the benefit of humanity. Therefore, Islam does not find it objectionable to make researches on genes in terms of biology and medicine unless they are harmful to man, the environment, ecological balance and community. On the contrary, Islam appreciates and encourages those kinds of researches and similar ones that aim to serve humanity. What matters is to use the scientific results for the benefit of humanity. 

As it is stated above, the fetus is regarded to have the right of inheritance if it is born alive according to the Islamic law. This issue was also declared by the science of human embryology in 1883 and the same view is accepted today. Therefore, man should be shown respect as an individual; his legal rights need to be recognized and they must not be violated.  

Therefore, if the researches about the specialized adult cells taken from the body organs reveal the result that they can function like the embryonic stem cells and if they can be used in the treatment, the stem cells that have the potential to be human beings will not be used like spare parts. Then, the world of medicine needs to concentrate on the use of specialized adult stem cells that have no ability to become an independent living being in treatment. It will be no different from the organ transplant in terms of religion and ethics. 

However, if stem cells that have the properties of  embryonic stem cells cannot be obtained from specialized adult cells and if there is no other way of treatment, the blastocysts remaining from test tube baby applications can be used in treatment as long as measures to prevent all kinds of commercial and vicious  use are taken.

4. Determination of Gender:

The egg that is fertilized by a spermatozoid with a “Y” chromosome that determines the male gender yields a male baby;  the egg that is fertilized by a spermatozoid with a “X” chromosome that determines the female gender yields a female baby. That is, the gender of the baby becomes certain during fertilization; the gender depends on the gender chromosome carried by the spermatozoid that enters the egg. It is possible to determine the gender of the baby by the science of medicine.

However, determining the gender of the baby to be born may cause some other demographic and ecological  problems that cannot be predicted today and it may disturb the balance of the distribution of the genders that exists now; therefore, it is not appropriate to determine the gender unless there is something obligatory. As a matter of fact, in Asian and Eastern countries, families generally want male children. The situation is not different in our society. It shows that the balance in the world can be upset in favor of male children. It is contrary to the Sunnah of Allah. The following is stated in the Quran: “To Allah belongs the dominion of the heavens and the earth. He creates what He wills (and plans). He bestows (children) male or female according to His Will (and Plan). Or He bestows both males and females, and He leaves barren whom He will: for He is Full of knowledge and power.” (ash-Shura 42/49-50)

In many international papers, for instance, in the report of the Bioethics Commission of the European Council and in the resulting program of action of the International Conference on Population and Development held in Cairo with the participation of 238 countries, the issue was dealt with; the application of determining the gender of the baby except for medical reasons was not approved and it was stated that measures had to be taken against it.   

Therefore, it is not religiously appropriate to determine the gender of the baby unless there is a medical obligation.

5. What is Preimplantation Genetic Diagnosis?

Thanks to Preimplantation Genetic Diagnosis, the chance of pregnancy is increased and the possibility of miscarriage is decreased in couples that have experienced test tube treatment but have not had any children. Thanks to this application, some of the genetic diseases that can arise in the baby are detected before embryos are placed into the uterus and can be treated; thus, the birth of disabled children are prevented.

6. Abortion:

Although there are some scholars who hold the view that pregnancy can be terminated before the fetus is forty days old, most of the Islamic scholars do not approve of the termination of the fetus even if the it is not forty days old through drugs or other methods or abortion. It should not be forgotten that terminating the pregnancy due to any reason except saving the life of the mother is haram and it is regarded like a murder after the fetus is forty days old.

In conclusion, it can be said that it is permissible and possible to control birth when it is not wanted by using contraception methods. However, it is not permissible to terminate the life of a living thing through miscarriage or abortion after pregnancy unless there exists a legitimate and justifiable reason like risking the life of the mother. 

It is permissible for those who do not have babies to have a child through test tube method, but it is not permissible to take one of the embryos so that the child/children to be born will be healthier. In order to attain a fast result, more than one embryo is transferred so that another attempt will be successful if one is not. It is more appropriate to transfer one embryo or at most two embryos and then to try again. Thus, the removal of the embryos in the uterus will be prevented even though this method will take longer.     

7. What are the rights of the embryo and the baby in the uterus?

In the Islamic law, the fetus is regarded to have the right of inheritance if it is born alive. In the Turkish civil code, the beginning of the personality is the moment the bay is born alive and fully. The baby makes use of the civil rights beginning from the moment it goes into the uterus as long as it is born alive.

47 It is permissible for a male person to perform prayers wearing jeans (shorts) that cover his knees; that prayer is valid?

When a believer performs prayers, he experiences the enthusiasm and excitement of being in the divine presence. He tastes the pleasure and delight of being very close to Him because the moment when a person is closest to Allah is the moment of prostration, the most important part of the prayer.

A believer who is in such a mood should have a different sensitivity, care and meticulousness. If he pays maximum attention to the mustahab and adab parts of the prayer along with its fard, wajib and sunnah parts, the degree of his spiritual share and blessing of the prayer will increase.  

Similarly, avoiding the acts and attitudes that are contrary to the spirit of the prayer, that invalidate the prayer and that are makrooh will increase the reward and virtue of the prayer.

There are some acts that are regarded as makrooh when one does them. Some of them take place when a wajib or sunnah al-muakkadah part of the prayer is skipped; they are regarded as makrooh tahrimi. To skip a sunnah ghayr al-muakkadah, mustahab and mandub part is regarded as makrooh tanzihi.

For instance, tadil al-arkan is one of the wajib parts of the prayer. Going down  to the prostration (sajdah) without standing straight after ruku’ is regarded as skipping tadil al-arkan and one who does it is regarded to have committed a makrooh tahrimi act. However, closing one’s eyes during the prayer is regarded as makrooh tanzihi. 

Makrooh tahrimi acts harm the exactness of the prayer and decrease its reward but makrooh tanzihi does not do so. If it is done deliberately, it decreases the reward of the prayer but it does not harm the exactness of the prayer.

As for performing prayers wearing pajamas or night-robe, Mehmed Zihni Efendi writes the following in his book Nimet-i İslâm: “What is mustahab in prayers is to wear the clothes that are customary to wear because that is what has come down to us from our predecessors. [That is, the Messenger of Allah, his Companions, and the scholars of Islam performed prayers wearing the clothes that what was customary to wear in their regions. Night-robe is something that is customary to wear; therefore, it is not makrooh to perform prayers wearing it.” 1

The parts of the body that are necessary to be covered while performing prayers for men are the parts between the navel and the knees, and for women, all of the parts of the body except their hands and face. Accordingly, it is not makrooh for men to perform prayers wearing pajamas or tracksuits and for women wearing night-robes or morning-gowns if they cover the parts of the body mentioned above. In some fiqh books like Durar, the following is stated: “it is makrooh to perform prayers in ‘thiyab al-bazl’ (clothes that are too shabby to wear outside the home)”.

Some people infer the meaning of the clothes that can only be worn at home and that cannot be worn when one is in the presence of older people than him/her or respected people from the phrase ‘thiyab al-bazl’. To perform prayers in such clothes is only makrooh tanzihi. To perform prayers wearing a singlet for a man is not in compliance with the seriousness of the prayer. It does not invalidate the prayer but it is more suitable to wear a shirt on it and pray.

1. Nimet-i İslâm, p. 579 (Ottoman version)

Mehmed Paksu İbadet Hayatımız

48 what will happen if you runaway from your mom and dad and die?

To runaway from his/her parents and to distress them is a big sin. One will be sinful and responsible, if dies in such a manner that one's parents are not pleased with.

49 Is it permissible for a person who is biologically and physiologically a man or a woman to have an operation and be equipped with some of the features and organs of the opposite sex just because he/she feels as a member of the opposite sex?

It is not religiously permissible but haram for a person to change his/her gender as a result of gender reassignment surgery, which can be called as violation or degeneration, and then to marry. 

According to that general judgment, it is never permissible for a person who is biologically and physiologically a man or a woman to have an operation and be equipped with some of the features and organs of the opposite sex just because he/she feels as a member of the opposite sex and he/she falls into depression; it is not regarded treatment but violation and degeneration. Therefore, those who fall into depression should be treated by specialists just as other people who fall into depression. If a person has a psychological disorder and thinks that his nose is a frog and his finger is a scorpion, no doctor will amputate his nose or finger. 

Naturally, a woman feels like a woman and a man feels like a man. If there is a change or deviation in the feeling and interest in the opposite sex, it is necessary to attribute it to a disease, injury, or a disorder originating from heredity or education, not to the creation; and it is necessary to look for a remedy and treatment because what is not normal is abnormal and it needs to be improved.  

However, the situation of the people who are defined as “khunsa” (hermaphrodite) in our fiqh books and who have the sexual organs of the both gender or do not have either of them fully is different. We can evaluate them as follows in short: 

If there is a person who has the organs and features of both genders equally (khunsa al-mushkil), his/her psychology and the gender that he/she regards and feels himself/herself is taken into consideration, and action is taken accordingly; that is, he/she is regarded like that religiously and in terms of treatment and surgery.

If there is a person who does not have the distinctive organs and signs of the either sex, he/she is regarded like the person in the previous paragraph; his/her feelings and inclinations are taken into consideration.

The acts towards hermaphrodites in terms of daily life, clothes, tasattur, rights and debts, etc are to be based on the outcomes, transactions and assumptions.

The treatment of Allah toward His servants like that will be within the framework of justice, mercy and love as long as they obey Allah and worship Him regarding the issues that are under their will. If they disobey Him, they will be treated normally like His other servants who commit sins.

(Prof. Dr. Hayrettin Karaman)

Marriage of Hermaphrodites:

The view of the scholars regarding the issue are as follows:

According to Hanafis, if a hermaphrodite is forced into marriage by his/her father to a man or woman before he/she reaches puberty, the marriage is suspended. It is necessary to wait until he/she reaches puberty. In case of such a marriage, when one of the spouses dies, the other cannot be a heir to him/her.1

When the hermaphrodite reaches puberty, if he/she turns out to be a man or woman, the marriage will be valid if the spouse is from the opposite sex. That is, if the hermaphrodite was assumed to be a girl and married a man and she turned out to be a girl when she reached puberty, the marriage would be valid. If she turned out to be a boy, the marriage would be invalid.

If two hermaphrodites get married, one of them assumed to be a man and the other a woman, it is necessary to wait until their gender becomes certain. If their gender becomes certain and if both of them turn out to be men or women, the marriage becomes invalid. If one of them turns out to be a man and the other a woman, the marriage will be married.2 If their gender does not become certain, that is, if they remain as hermaphrodites, their marriage will be invalid.

If the hermaphrodites do not know each other and if their fathers make them marry, their marriage is valid because one of the fathers said his child was a man and the other said his child was a woman. Unless the opposite is known, their words are legally valid.3

According to a view of Malikis and Shafiis, it is forbidden for a hermaphrodite to marry in both ways; that is, a hermaphrodite cannot marry a man by being regarded as a woman, nor a woman by being regarded as a man.4

Hanbalis disagree on the issue of marriage. According to Hiraqi, the hermaphrodite is asked about himself/herself. If he/she says he/she is a man and is interested in women, he/she can marry a woman. If he/she says he/she is a woman and is interested in men, he/she can marry a man. According to Abu Bakr, it is not permissible for a hermaphrodite to marry until his/her state becomes certain.5

Today, if a hermaphrodite wants to marry, he/she should be able to get married after his/her gender is determined based on the criteria of medicine, clues and his/her own statement, and his/her upbringing state up to that time and after it is decided that he/she can marry.

50 marriage

If the marriage conditions are carried out, it can be legal.

Nikah is a contract, an arrangement and a marriage agreement. Therefore it requires some conditions. If one of these conditions doesn’t accrue then the nikah is invalid;
1. Ones who are going to marry or their agents must be present.
2. The declaration of the acceptance of the parts. The spouses must declare their acceptances of marriage by saying “I accept”.
3. Nikah must be announced, not be kept secret. This condition is according to some of the sects.
4. The permission of the parent of the girl. This rule is according to all sects but Hanefi sect.
5. Testifiers must be present. Such testifiers must be whether two males or one male two females who are sensible and at least in their adolescence. So there must be at least one male testifier.

51 Why can’t a Muslim woman marry a Christian man?

Muslim women and men can not marry idolaters. An idolater is the one who assigns partners to Allah, for example who worships idols, stars, fire or animals.
Allah says: “O you who believe! Do not marry idolaters unless they believe…” (1)
There is no drawback for a Muslim man to marry a Jewish or Christian woman. The Islamic scholars agree on this subject. It is written in the verse of Qur’an that: “(Lawful unto you in marriage) are (not only) chaste women who are believers, but chaste women among the People of the Book, revealed before your time,- when ye give them their due dowers, and desire chastity, not lewdness, nor secret intrigues.” (2)
The wisdom in the allowance of a marriage with a woman who is one of the followers of the previous scripture is the possibility of this woman to become a believer of Allah, the prophets and the hereafter because of getting married with a Muslim man.
It is forbidden for a Muslim woman to get married with an infidel (unbeliever) man. “Nor shall you give your daughters in marriage to idolatrous men, unless they believe.” (3)
Because, in such a marriage, there is the danger for the believing woman to fall down to unbelief. The husband may invite his wife to his religion. Women usually obey their husbands and are impressed by their actions and encourage them in their religions. (4)
It is not possible to say that a Muslim girl is allowed to marry a Christian man due to the fact that a Muslim man is permitted to get married with a Christian woman. Because this kind of comprehension means that the serious difference between these two hasn’t been recognized. Thus:
A Muslim man who marries a Christian woman doesn’t deny the Scripture and the prophet of his Christian wife, on the contrary he approves them and he never disrespects to them. So, a Christian woman isn’t subjected to despise and disrespect by her Muslim husband because of her religion. So, there is no losing of anything for her. However, a Christian man that a Muslim girl marries doesn’t possess such an approval and respect. A Christian man is moderated to accept neither Hadhrat Mohammad (PBUH) nor Qur’an that the Muslim girl he marries believes in. So, a Muslim girl is subjected to despise by getting under the wedlock of a man denying her Scripture, prophet and religion. The obstacle of this marriage is because of this despising. The only solution for such a marriage is that, like a Muslim man, the Christian man must accept the Scripture and the prophet of the Muslim woman whom he wants to get marry with by disclosing his belief through the phrase of the Islamic testimony (I testify that there is no god but Allah, and I testify that Muhammad is Allah’s Messenger). Thus, like a Christian woman, a Muslim woman will attain the equality of getting married someone that doesn’t deny her religion and the subject will be solved in a fair way.
This means that, none of the women must direct herself in a position that she is obliged to marry a man that despises her by denying her scripture and her prophet. Because that forces her to an invalid marriage.
The explanations in the verse Al- Baqarah, 221 and in the verse Al-Ma'edah, 5 can be referred.
If a Christian man embraces Islam, then a Muslim woman is allowed to marry him.
(1) Al- Baqarah, 221
(2) Al-Ma'edah, 5
(3) Al- Baqarah, 221
(4) Fetevâ-i Hindiye 11/330

52 We see that some people slaughter a sacrifice on behalf of Prophet Muhammad (pbuh). Is it permissible to slaughter a sacrifice on behalf of people who passed away?

1-      It is permissible to slaughter a sacrifice on behalf of a dead person or in order to donate the reward to the deceased. A person can donate to various charity organizations as well as having a slaughter sacrifice with the aim of donating its reward to his deceased mother/father or to his other relatives. If there is not a will of the deceased person concerning the slaughter of the sacrifice, then the person who slaughters a sacrifice may let the poor or the rich to eat the meat of the sacrifice. If there is a will, then the meat should be given to or let be eaten by the poor.    

2-      A person can perform worshipping including the ritual animal sacrifice in order to donate their reward to the deceased. The sacrifice which is to be slaughtered for the deceased can be slaughtered on the days of Eid or any other days.

The sacrifices which would be slaughtered on behalf of Prophet Muhammad (PBUH) can be evaluated in this context. It is permissible to slaughter a sacrifice for the purpose of donating the reward to his blessed spirit. Ibn Umar used to perform Umrah and donate its reward to Prophet Muhammad’s spirit. Junayd Baghdadi and his counterpart Ibnul Muwaffaq performed seventy times of Hajj and donated its reward to the spirit of prophet Muhammad (PBUH). Ibn Siraj also completed reciting of the holy Qur’an (Khatm) for ten thousand times, slaughtered sacrifices as much as that number and donated their rewards to Prophet Muhammad’s (PBUH) blessed spirit. (Ibn Abidin 2/244)      

However, it is not a nice manner to collect money for the slaughter of sacrifice on behalf of Hz. Muhammad (PBUH). Whoever wants to slaughter a sacrifice for this purpose should do it on his own.     

There is no difference between the animals we slaughter during the Eid al Adha and the animals we would like to donate the reward of a sacrifice on behalf of one of our deceased relative or a person whom we love. It is not an obligation to slaughter a sacrifice for the deceased unless it is his/her will. A person can eat the meat of an animal which was bought by his own money for the purpose of donation on behalf of a deceased. He can also let it be eaten by others. It is not compulsory to sacrifice such an animal during the days of Eid. It can be slaughtered at any time. Besides, it would be better to slaughter a sacrifice and distribute it to the poor on the day of Eve. The poor can also have a chance of having meat on the day of Eid Al Adha. If it is slaughtered and distributed on the eve, they will have the meat to eat on that day.

If a person willed slaughtering a sacrifice after his death, it is necessary to slaughter that animal during the days of Eid. A man, who slaughters such a sacrifice, cannot eat from its meat. All the meat should be donated. If there is no will of the deceased man and the sacrifice animal is bought with the money of that man, then this sacrifice animal is just like the animal that is willed to be sacrificed.  

53 Does one need to have wudu or ghusl in order to read the Qur'an in English language?

The translations and explanations of the Quran are not regarded as the Quran itself. Therefore, they can be touched and read without having wudu. 
Since women are regarded to be junub in the periods of menstruation and puerperum, it is not regarded permissible for them to touch the Quran, to read the Quran by heart or by looking at it in Hanafi and Shafii sects. However, they can read basmala, and the verses that have the meaning of dhikr and supplication with the intention of dhikr and supplication without having the intention of reading the Quran. If it is necessary, they can teach it to others by reading it letter by letter or syllable by syllable.   
Accordingly, women can read “ayat-ul kursi”, al-Fatiha and al-Ikhlas with the intention of supplication and dhikr in the periods of menstruation and puerperum. 
In Maliki and Hanbali sects, it is regarded permissible for women to read the Quran by heart or by looking at it but without touching it in the periods of menstruation and puerperum. 
Accordingly, women learning or memorizing the Quran in the periods of menstruation and puerperum can read the Quran and teach it to others by imitating Maliki and Hanbali sects. When there is an obligation, it is permissible for them to touch the Quran.
However, it is better not to read the Quran for the women who are not students with the intention of worshipping.

54 Is it permissbile to remove all the hairs on my hands?

According to Malikis, it is permissible to remove all the hairs on the body that spoil the beauty or disturb the person – whether male or female -  It is wajib (obligatory) for a woman to remove the hairs that her husband does not like. (Jazari, al-Fiqhu ala’l-Madhahibi’l-arbaa -,  2/45)
According to Hanafis, it is contrary to decency for men to shave the hairs on their backs and chests. (Jazari, ibid.)
It is understood from that expression that to remove the hairs on the back and chest is not haram or tahriman makrooh for Hanafis. It can only be tanzihan makrooh, contrary to decency.
Based on the explanations above, we can say that according to Hanafi and Maliki sects, there is no drawback to removing the hairs on the arms – an organ different from the back and chest - especially for the people who feel really disturbed among people.

55 Is it a sunnah to shorten the beard and cut the beard from the sides? Did our Prophet (pbuh) say to a man who came near him, “I wish you had cut this and that part of your beard.”?

We did not come across with a hadith that has the meaning mentioned above. There are few narrations regarding trimming the beard but there are many narrations and views of the scholars stating that the beard should not be touched.

According to some narrations, Hazrat Prophet (pbuh) clipped his beard at the bottom and on the sides. (Tirmidhi, Adab, 17).

Imam Malik says, "A Muslim should grow his beard in the form that the majority of Muslims grow; he should cut the extra part; it is mandub (recommended). If that extra part is not cut, it causes an ugly appearance. There is no limit in shortening the beard. The best way is to shorten it so that it will look beautiful." Based upon an application reported from Imam Baji Abdullah Ibn Umar and Abu Hurayra Imam Malik said that the extra part out of a handful could be cut.”

It is stated in Durrul-Mukhtar that it is sunnah to have a handful of beard. Similarly, according to the opinion of the majority, it is sunnah to cut the extra part out of a handful.

Besides, there is a hadith about hair: “A person who has (long) hair should take good care of it.”(See Iraqi, Takhriju ahadithi’l-Ihya with Ihya, 1/142).

The following hadith is reported by Abu Dawud and Tirmidhi: “A man whose hair and beard was in a mess came to the place where the Prophet was. The Prophet said, ‘Does he not have any oil to take care of his hair?’” (Iraqi, ibid)

56 Are there any situations where aesthetic surgery is permissible?

Is it a sin to have aesthetic surgery? Is it permissible in certain situations? For instance, there are some people whose faces are destroyed or burned as a result of accidents. There are also some people who have aesthetic surgery just to become more beautiful.

Today the operations that are known as “aesthetic or beautification surgery” are generally related to nose, chin, breasts and face. It is a nuisance that is encouraged by the materialistic mentality that gives importance to form and appearance rather than the beauty of spirit and ethics.

Basically, a person having common sense feels contented with the body that Allah has granted him because it is enough for a person to thank Allah to have his organs having been created appropriately in their usual places. Man should feel contented with his existing beauty and characteristics that he owns without having made any efforts or expenses; he should not attempt to change his creation and transform his body into an artificial form in order to “make it more attractive”.
When we deal with the matter in terms of religion, we face three issues:

The first one is that the issue originates from a devilish delusion. As a matter of fact, when the devil did not bow down to Adam and when he was drawn away from the mercy of Allah he started to say the following:

I will order them to deface the (fair) nature created by Allah... Whoever, forsaking Allah, takes Satan for a friend, hath of a surety suffered a loss that is manifest.”1

Before Islam, Arabs listened to that delusion of the devil and dyed their skins blue and left some hair on the heads of their children in the name of their idols.

Our Prophet did not approve of acts directed at changing the bodies with some actions. It is stated in the hadiths reported by Bukhari and Muslim that those who tattoo or have their bodies tattooed for beauty, who chisel their teeth and thinned them, who pluck their eyebrows and thin their eyebrows, who wear wigs and who change what Allah has created are away from divine mercy.2

Those who carry out or have others carry out the above mentioned actions and those who have aesthetic operations do not accept the form and beauty Allah has given them, oppose fate and do not like the divine art. It is not legitimate to have aesthetic operations without any excuse and serious medical reasons but only for the thought of beauty.

The second reason why it is not regarded legitimate is that it gives the body pain and makes it undergo torture and agony. Those who had their bodies tattooed and who had their teeth chiseled and thinned in the past, and those who have aesthetic operations now endanger and torture their bodies and they give pain to the bodies that Allah entrusted them. A person who goes under the knife and who is anesthetized faces a great danger. God Almighty forbids acts like that by saying “make not your own hands contribute to (your) destruction”3.

The third reason is that aesthetic operation is very expensive and it leads to a lot of waste. And that waste is made not for truth and essence but for appearance and form. While many people cannot find enough money to have operations in order to get rid of some chronic diseases, those who have aesthetic operations only in order to make their bodies beautiful waste millions of lira. Waste (extravagance) is haram.

However, if there is a legitimate and reasonable excuse, the question becomes different. For instance, those who have harelip by birth or those who have a similar bodily defect are exceptions. Those who have defects in their bodies as a result of a fire, traffic accident or a similar accident are regarded in the same group. That is, if such a person has a psychological depression in the society, has inferiority complex, his honor is hurt and his defect makes him seem despicable and ugly, removing that defect becomes like a treatment.4

Therefore, there is no drawback to having an aesthetic operation for such a person because Allah does not make the religion a difficulty for us. The phrase “for beauty” in the hadith mentioned above clarifies the issue. That is, if the aesthetic operations or other changes in the body are carried out for beauty, not with the intention of removing a defect or ugliness, it is haram; if they are carried out to eliminate a harm or ugliness, and to make the body normal, it is permissible.

1. an-Nisa, 119.
2. Muslim, Libas: 119-120; Bukhari, Libas: 82, 85.
3. al-Baqara , 195.
4. Umdatu’l-Qari, 22: 63; al-Qardawi, Al Halal wal Haram fil Islam p. 103.

Mehmet PAKSU

57 Is it permissible to have a test tube baby in order to have a male baby?

It is permissible for a woman who cannot have a child through normal ways to have a test tube baby due to a necessity. However, it is not permissible for a woman who can have a child through normal ways to have a test tube baby because it is not permissible for a woman to show her private parts to others unless there is a necessity. Therefore, the application of test tube baby is not permissible for a woman who has children in order to have a male child.   

Islam gives great importance to the preservation of the generation. Therefore, illegitimate relationships, especially fornication, are forbidden in all true religions and are regarded as something ugly. The way to marriage has always been kept open in order to close the way to fornication. It is necessary to deal with the issue of test tube baby from this point of view at first.

*Test tube baby” is applied in two ways. The first one takes place between the same husband and wife. Since there exists no danger of mixing of the generation and since it depends on a necessity, it is legitimate and permissible. It is as follows:

The canal between the uterus and the ovary is called the “tube”. The matured egg needs to pass through this canal, that is, the tube and reach the uterus and then wait for the sperm coming from the father. However, in some cases, the tube is blocked; therefore, the egg cannot reach the uterus and meet the sperm cells. Therefore, the fertilization that is necessary for the formation of the child does not take place.

A woman whose tube is blocked can make use of this innovation of medicine and have a child as follows:

The egg cell in the ovary is taken into a specially built tube after it becomes mature. This egg cell is fertilized by the sperm cell taken from the father and after one and a half days pass, the zygote (the first phase of the fetus) that forms is placed into the uterus. Then, the child completes its development in the uterus. As it is seen, in this case, the sperm cells belong to the husband and the egg belongs to his wife.

As for the type of test tube baby that is not legitimate and that is not regarded permissible by our religion, there are some women that cannot bear a child even through the method of test tube due to some reasons like emaciation or a disease. Some women cannot bear a baby because of the surgical removal of their uterus. In this case, the sperm cells from the father are fertilized by the egg cells from a third woman in a tube. After the fertilization takes place in the tube, it is placed into the uterus of the same woman if possible or another woman if it is not possible. After a certain period, the baby is born. In this case, the father is there but the mother is a third woman.  

Another type of test tube baby is as follows:

Sometimes, a couple cannot have a child due to an illness of the husband. In this case, the woman is sound and healthy and she can bear a child. However, the father cannot have a child. This time, sperm cells from another man and egg cells from the woman are fertilized in a tube and then the fertilized egg is placed into the uterus of the woman. After a certain time, the baby is born.

In both cases, whether the egg is taken from another woman or the sperm is taken from another man, the mother or the father of the baby is someone outside the marriage. This type of test tube baby, that is, when the father or the mother is someone outside the marriage, is regarded as a kind of adultery because it eliminates the concept of honor and family privacy. 

This type of test tube method is applied especially in foreign countries. The type of test tube that is carried out under the permission and supervision of the Ministry of Health in Turkey today is the first type, which is regarded as permissible in Islam.

Marriage was made legitimate in order to ensure the continuation and health of the generation. Our religion does not regard it legitimate to have children outside marriage. Besides, those who intend to do it are those that do not consent to divine determination. Muslims keep away from such illegitimate treatments because the following divine orders are the greatest source of consolation for them:

To Allah belongs the dominion of the heavens and the earth. He creates what He wills (and plans). He bestows (children) male or female according to His Will (and Plan). Or He bestows both males and females, and He leaves barren whom He will: for He is Full of knowledge and power...”1

1. ash-Shura, 49-50.

Mehmed Paksu - Helal – Haram

58 Is it permissible to cremate the dead body of a person?

According to our religion, the dead bodies need to be washed, enshrouded and buried in the ground. It is stated in the Quran that this action was taught to man by Allah and that Adam’s son, who found out about what to do with the dead body from the acts of a raven, said, "Woe is me! Was I not even, able to be as this raven and to hide the shame of my brother?!" (al-Maeda, 5/31)

In some other verses, it is implied that the dead body needs to be buried. (Taha 20/ 55, al-Mursalat 77/25-26; Abasa 80/21-22)

Burying the dead body has a lot of wisdoms in terms of environmental cleaning, health, preserving the prestige of man and reminding death, etc." (See Mustafa Uzunpostalcı, "Defin", Diyanet İslam Ansiklopedisi, v: 9, p: 86)

Besides, the following hadith was reported regarding the dead body from our Prophet:

"To break the bone of a dead person is like breaking the bone of a living person." (Muwatta, Janaiz 15; Abu Dawud, Janaiz 58-60; Ibn Majah Janaiz, 63)

That is, it is not permissible to break the bone of a living person; it is not permissible to break the bone of a dead person, either. Cremating the dead body of a person can be compared to it.

59 What is the judgment for growing a goatee? Is it haram to grow it due to a personal choice?

It is permissible to grow a goatee. However, it is not a sunnah. That is, it is not an application of the Prophet.  

When we examine the life of our Prophet, we see that he prohibited Muslims from resembling others even in the small attitudes and acts. (Abu Dawud, Libas 4; Musnad, II/50; Tirmidhi, Isti'dhan 7) Maybe, the truth that is expressed as “a person who starts to resemble someone or some people in terms of his appearance will resemble them in terms of his heart” based on the meaning of those hadiths is accepted by the science of psychology today. Therefore, it is not appropriate to tolerate that kind of beard. However, if a person grows a goatee due to a reasonable reason, nobody should criticize it. However, that reason can be determined by people who are expert in fiqh.

60 wudu Hanafi

All wudu parts of the body are washed while having a ghusl. Then the ghusl also includes the actual wudu. Without any doubt or scruple, any worship can be performed with ghusl. Besides, another name of ghusl is called full ablution. In wudu, only some parts of the body are washed, but in ghusl, all body is washed.

61 Is organ donation, organ transplant permissible?
62 Can sadqah money be given to non-muslims?

1-) Sadqah money can be given to non-muslims. A person who has been given zakat can also be given sadaqa, presents, donations, etc. too.

Please click on the link given below in order to learn "Why non-Muslims are given zakat?"

MUALLAFA AL-QULUB

63 What is the “purpose” of wudu: ablution?

It is a special cleaning done with water by washing the face, arms and feet, and by wiping the head.

Wudu has many material and spiritual benefits. A person who makes wudu at least 5 times a day has the habit of cleaning, which protects him from diseases and purifies him from microbes. That is the material benefit of wudu. There are many spiritual benefits of wudu.

Our Prophet said to Anas bin Malik, "My dear son! Perform wudu fully so that the hafaza (guarding) angels will love you and your life will be lengthened.

Wudu gives the face light and gives the heart joy. It causes minor sins to be forgiven. The Prophet (pbuh) said the following regarding the issue:

"A person who makes wudu as he is ordered and performs prayers as he is ordered, all of his previous minor sins are forgiven."

Wudu is the spiritual weapon of the believer. He protects himself from evil feelings and desires with it. He gets rid of the delusions and negative thoughts that swarm his mind. However, he should always be in wudu.

People in wudu get rid of the evil of the malign and evil beings thanks to their wudu and keep away from their harms.

It is stated in a hadith that a person who dies while he is in wudu can reach the level of martyrdom.

It is also stated by hadiths that the organs of the Muslims that are washed during wudu will be very bright, like the full moon, and white, and that their faces will be luminous. It is something that was not given to other ummahs.

64 Does tayammum (ablution with clean soil) not cause dirtiness? However, if the aim is to be clean, what is the reason of taking ablution again with soil?

What is essential in prayers is obedience; that’s to say, doing as ordered without asking the reason. Just as we cannot ask why the fard of dhuhr prayer is four while the fard of maghrib prayer is two, so cannot we ask how tayammum can substitute for wudu (ablution) and ghusl (full ablution).

Islam is the one which attaches the most importance to cleanliness amongst all humane systems and religious regulations. All prayers and all kinds of religious life are based on cleanliness. Books of hadith and Islamic jurisprudence begin with matters about cleanliness. Cleanliness is considered to be the half of Islam. This matter covers a wide range from personal hygiene to the cleanliness of the environment.

Cleanliness, both physical and spiritual, is a matter which a Muslim should definitely be careful about. The Prophet tried to place the fact that there cannot be a religious life and piety without cleanliness in people’s consciousnesses with expressions such as “Cleanliness is the half of the faith” and “Cleanliness is the key to prayers.”

Naturally, this has increased the importance of cleanliness for Muslims by a reasonable degree. As a matter of fact, all good deeds, both worldly and unworldly, are dependant on the existence of cleanliness to be accepted and approved. It is stated in hadith that “Without cleanliness, a prayer is not accepted.”

Here cleanliness is an indispensable condition. It is impossible to set a limit such as physical cleanliness and spiritual cleanliness. As a matter of fact, Islam does not make discrimination between body and soul, deeming one of them superior to the other. Contrarily, Islam wants them both to be disciplined and matured and puts forward cleanliness as the condition for the disciplining of both. One’s soul is dirtied by shirq (attributing partners to Allah), arrogance, self-conceit, lying, backbiting, jealousy, aggressiveness, gossiping, occupying oneself with unnecessary things, looking at what is forbidden, sinfulness, heedlessness, badmouthing, desperation, boastfulness, extravagancy, stinginess and mercilessness… Just as spiritual dirtiness such as those are strictly forbidden, so is some physical dirtiness which hinder praying determined and ordered to be stayed away from.

All books about morality include explanations about the kinds of spiritual dirtiness and ways of cleaning them. (for an example, see: Ihya, volumes 3 and 4)

Some Quranic verses state that many religious orders were made in order to establish “cleanliness”. For instance, following the verse which orders we become clean by means of ghusl, ablution or tayammum (in order to substitute for both of them when necessary), it is stated: “God does not wish to place you in a difficulty, but to make you clean, and to complete his favor to you.” (al-Ma’idah, 6) and in another verse it is stated: “Of their goods, take alms, that so you might purify and sanctify them” (al-Tawbah, 103). The Prophet’s expression “There is a zakat (purifier) for everything; and the zakat of body is fasting” indicates that fasting was made obligatory for purifying something else. As known, zakat literally means both increase and cleaning; and it is used with both meanings in Islamic law.

Tayammum with clean soil substitutes for ghusl when there is no water or it is impossible to be used.
Tayammum is, in order to clean any large or small dirtiness, striking the clean soil lightly with the palms of both hands and passing the palms over the face one time and then striking the clean soil again with one’s palms and rubbing the right and left arms alternately from the fingertips to the elbows. Tayammum which is done to clean oneself from impurity of body substitutes for both ghusl and ablution. Tayammum, which is a symbolic and spiritual way of cleaning, gives one the feeling of cleanliness spiritually and psychologically, though it does not provide a physical cleanliness, and enables one to feel ready for worshipping Allah.

Allah the Supreme Being meant not to cause people hardship but to complete His favors to them by making ablution, ghusl or tayammum obligatory. These are nothing that exceeds the capacity of people’s power. There is no any responsibility in religion which human beings cannot do. And special exceptions (simplicities) are provided in exceptional situations. Ablution and ghusl are means of cleaning which protects body from germs and a kind of spiritual cleaning which brings one closer to Allah and enable him to feel ready to worship Him. Tayammum is a spiritual cleaning as well.

65 Can Girls Marry When They Are Nine Years Old?

In terms of fiqh (Islamic Jurisprudence), a baby or an old man aged one hundred and fifty can marry theoretically. However, the age difference that can cause problems in the life of marriage should be paid attention in terms of being equal or similar. Since dwelling in tranquility (ar-Room 30/21), maintaining the generation of man (al-Hindî XVI/276 “Marry and increase in numbers, as I will take pride in you before other nations on the Day of Judgment” and protecting oneself from harams (for the hadith, see Tirmidhi nikah 1: Nasai, siyam 43; Bukhari, sawm 1, nikah, 2,3);  are described as the benefits of marriage in Islam, the age that one of those mentioned above is needed is the recommended age of marriage. The fact that Allah causes some physiological, psychological changes in man should be the signs of that age. Considering that the three benefits or reasons mentioned above can be affected by the character of the community that one lives in and by the conditions of the environment, everybody should determine that age himself/herself. Marrying as soon as possible after reaching puberty is recommended both by the religion and medicine. ( Sibai, al-Mar'a 59 et al.)

As it is known, the age of puberty and growth for girls in hot countries is earlier than those in cold countries. Even today, girls in Africa complete their growth and marry at an age that can be regarded as too early for us. It is related to the state of growth rather than the number expressing the age. It should be noted that the ages mentioned for marriage in fiqh books were determined in accordance with the characteristics of the places where the writers of those books lived.  

There are extremely amazing issues that vary from culture to culture and community to community. The viewpoint on family and man are among those variables. During the Age of Bliss, so many young people that can be regarded as children by us fought in battles through the permission of the Prophet and were wounded or martyred. We also saw similar examples in the War of Independence. We watched something on TV a few days ago. One school was left without any students because all of the students of that school took part in the War of Independence (It is something that the modern point of view will label as “child abuse” and display. Now, they are trying to give that school the title “Ghazi” (warrior)!

Therefore, when we talk about the Arab community of 1400 years ago, we should not forget that we are members of “modernized” (that is, members that have been degenerated and started to think like Westerners) community. The world does not consist of only the geography and history that we live in.  

Our religion does not order us to marry our daughters when they are nine years old. On the contrary, it is recommended that a girl be married when she feels ready for marriage; once our Prophet intervened and prevented a father who wanted to marry her daughter by force. That is, it is theoretically possible to marry at the age of nine but it should not be understood as an order.

Editor's Link;

Is betrothal in the cradle permissible in our religion?

66 Is marriage among close relatives objectionable in Islam?

The Quran, our lofty book, states the women relatives that a man cannot marry. They are close relatives like sisters and aunts. Islam allows a man to marry his cousins; that is, the daughters of his uncles and aunts. Our Prophet used this permission for himself and his relatives. As it is known, Zaynab bint Jahsh, one of the Prophet’s wives, was the daughter of his aunt. Besides, Hazrat Fatima, his daughter, married Hazrat Ali, the daughter of her uncle.     

There exists a permission to marry cousins in our religion but we see that marriage between cousins is not recommended in some hadiths due to some hereditary and medical drawbacks.

While listing the qualities to be sought in spouses to marry in accordance with the sunnah, Imam Ghazali states that one should not marry his cousin. He quotes the following hadith: "Do not marry a woman who is a close relative of yours because your child will be weak and puny. "(1) 

When this drawback is taken into consideration, marrying a close relative is not recommended. The following hadith attracts attention to that issue: "Marry people who are not your relatives; do not marry your close relatives "(2)

Another important disadvantage about marrying a close relative is this; when there is a conflict between the spouses, the relations among the relatives that need to be maintained start to weaken. Daylami, one of the hadith imams, says that marrying close relatives will cause the relations among relatives to break.   

It will be very useful to check blood incompatibility before marriage especially before marriage with a close relative as a medical precaution.

As we have mentioned before, there is nothing prohibiting marriage with close relatives in Islam in principle. The medical risks that are mentioned are not certain. However, disabilities and similar diseases are observed more in marriages between close relatives in comparison to marriages between people who are not relatives.

1. Tarbiyatu'l-Awlad, 1: 39; Ihya, 2: 42.

2. Qadi Baydawi. Gâyetü'l-Gusâ, 2: 721.

Kaynak : Mehmet Paksu, Kadın, Aile, Hayat, Nesil Yayınları

67 Is betrothal in the cradle permissible in our religion?

Marrying – in some regions promising or agreeing to marry - children before they reach the age of puberty by their parents is called betrothal in the cradle.  

Let us summarize the decrees about marrying small children – without giving them the right of choice – in fiqh (Islamic Jurisprudence) and in practices.
1. Some scholars, not all, say, “children can be married before they reach the age of puberty by their parents”; however, they lay some conditions for the parents and the children to be married; they give the judge or the child the right to annul the marriage – when they reach the age of puberty - if those conditions are not met. The permission of marrying a child by his/her parents when he/she is small is based on the marriage of Hazrat Aisha with our Prophet before she reached the age of puberty by her father and the traditions of Arabs regarding the issue. However, the person to marry is our Prophet (pbuh), who is mercy for the worlds, and his state is an exception; and he always ended the marriages that were carried out by force when women or girls who had been married to people that they did not wanted when they applied to him.

2. There are Islamic scholars who do not regard the marriage of small children by their parents permissible; The Ottoman State, which applied Shariah, adopted that view in the Law of Family, enacted it as a law (item 7) and applied it in the courts that were affiliated with the Caliphate. The simplified summary of the reason of the relevant item of the law is as follows:

Since it was permissible and valid to marry small girls and boys by their parents according to the leaders of the four madhhabs, the practice was in accordance with that view. Things have changed in our time and it is necessary to adopt a new method. In our time when the struggle for life has become very hard, the first duty of the parents is not to marry small children but to educate and train them. Many parents who neglect education marry their children in order to receive bride price, to experience the happiness of their children’s marriage or to receive inheritance; they start their children’s destruction through marriage; most of those marriages are born dead at the beginning.  It will suffice to look at fiqh books and court registers to see that there are so many cases regarding those kinds of marriages and that they are amazing. Abu Bakr al-Asamm and Ibn Shubruma, who were both mujtahids, decreed that nobody had the right to marry small children because the children did not need to marry and it limited their freedom according to views that do not regard it possible to annul the marriage.  (According to those mujtahids: people qualifed to make legal decisions, the incidence of Hazrat Aisha is peculiar to our Prophet; it cannot be generalized.) The disastrous experiences that continued for a long time confirm the views of those imams. Therefore, item 7 of the law was rearranged in accordance with the view of those mujtahids.

If the Ottoman State had not been destroyed, that law would be valid; that is nobody would marry small children. As a matter of fact, the application in Islamic countries that arrange the family law in accordance with Shariah is based on that view.

68 Is the money that a person earns by working in a bank haram? Can his children spend the earning of that person?

Those who are engaged in haram through interest (riba) are described as follows in a hadith:

«A person who eats and make others eat interest, who becomes a witness for interest and who writes the transactions of interest becomes far away from the mercy of Allah.» (Muslim, Musaqat, 105)

In the verse, those who eat interest are mentioned but in the hadith the person who eats and make others eat interest, who becomes a witness for interests and who writes the transactions of interest are mentioned one after another and they are expressed to be far away from the mercy of Allah all together. 

Accordingly, those who work in the institutions that are engaged with interest do not eat or make others eat interest directly but they carry out the transactions, make calculations, and carry out the correspondence and the administrative works of interest. Whether they are clerks or administrators, they are included in the content of the concept “katib” (scribe) mentioned in the hadith.

It is not something recommendable for a person who knows these issues to work in institutions like that intentionally. It is not possible to regard excuses like “I could not find any other jobs”, “I am obliged to work there” as justifiable. Permissible and legitimate areas are large enough for a person to meet his needs. The salary of a job in a legitimate area may be less than one in a bank but it is not shady. Besides, it is very difficult to regard working in an institution based on interest as an obligation.

Those who have started to work in an institution based on interest but later have learnt about its prohibition in Islam are not recommended to stay there and to continue working there if they find other jobs to earn their livings. They need to try to find legitimate jobs.

Meanwhile, they should try to carry out their spiritual and Islamic services better and earn more thawabs (rewards) because good deeds eliminate sins.

It is necessary to state that if the institutions that are engaged in haram business also have branches that are engaged in halal business and earn money from both, it cannot be decided that all of the income of that institution is haram; the situation is relieved a bit in that case. It is not regarded to be engaged in haram business for a person if he works for the companies of that institution that are engaged in useful areas like constructing roads, bringing water, electricity, etc. 

Children are not responsible for the haram earnings of their parents. What they need to do is to repent, not to be engaged in haram business any more and to give money to charity.

69 Is there any harm in buying toys in the shape of pigs for our children?

Toys in the shape of pigs may cause children to love and consider them Halal. Therefore, they are unfavorable.

Our religion Islam, set rules for people to protect them from every kind of material and spiritual harms and prohibited things that are bad and possibly harmful for them; and made things Halal which are good and useful. (Al-Baqara, 2/168, 173; Al-Araf 7/157). It is also clearly stated in the Qur’an that the pig is nasty and its meat was made haram. “He hath only forbidden you dead meat, and blood and the flesh of swine, and that on which any other name hath been invoked besides that of Allah. but if one is forced by necessity without willful disobedience, nor transgressing due limits―then is he guiltless. For Allah is Oft-Forgiving Most Merciful.” (Al-Baqara, 2/173; An-Nahl 16/115; Al-Maeda, 5/3; Al Anaam).

Although only the prohibition of pork is mentioned in the Qur’an, Islamic scholars evaluated the expression stated in the 145th verse of Al-Anaam, “Rijsun” (impure) and the following expression in the 157th Surah of Al-Araf, “…for He forbids them what is evil” together and expressed that every part of the pig is haram”. Accordingly, all parts of the pig are regarded like “mayta” (dead animal) and are religiously impure. It is forbidden in our religion to eat, drink and consume products that are produced from the pig.

According to the majority of Islamic scholars, even if the skin of the pig is tanned, it is not considered to be cleaned. However some Islamic scholars generalized the judgment of the hadith “When the skin is tanned, it becomes pure” (Muslim, “Hayd” 105; Abu Dawud, “Libas”, Muwatta, “Sayd”, 19; Ahmed b. Hanbal, I, 219,227) and said that including the skin of the pig, all kinds of skins are cleaned by tanning.

Selling and buying pig is forbidden in our religion as it is not a valuable product according to our religion, Islam.

As toys in the shape of pigs are not real pigs, they are excluded from the category of prohibitions. However in order to evoke love in your children towards clean animals, you can prefer other toy animals. (Directorate of Religious Affairs (of Turkey)

70 Is the wudu (ablution) invalidated when a man touches the skin of a woman or when a woman touches the skin of a man?

According to Hanafis, wudu is not invalidated when a man touches the skin of a woman or when a woman touches the skin of a man.

According to Malikis and Hanbals, wudu is invalidated if the man or woman feels a sexual pleasure when their skins touch each other. According to Shafiis, wudu of the person who touches and who is touched is invalidated if the skins of a man and woman touch each other even if they do not feel any sexual pleasure.  (see Wahba Zuhayli, islam Fikhi, Abdest bölümü)

71 Can you inform us about the Fast in the month of Dhul Hijjah, ten days, “the ten nights”

In the Koran, the surah Fajr (Morning) says : “and by the Ten Nights” . According to some sources, those Ten Nights refer to the first ten days of the month of Muharram, but the more widespread opinion is that they refer to the first ten days of Dhul Hijjah.
The month of Dhul Hijjah is the twelfth month of the lunar calendar. It is the time when the pilgrimage is carried out. Pilgrimage is one of the five tenets of Islam. From the first day till the tenth day of this month, are the holy ten nights. The tenth day is the first day of the Feast of Sacrifice. Our Prophet (PBUH) states the importance of those days as follows: “These days are the most meritorious days in the presence of Allah on which the good deeds are most valuable. On these ten days, each day’s fasting is equal to one year’s fasting. Each night’s worship is like the full worship on the Night of Qadr.

Our Prophet’s (PBUH) wife Hafsa says: “ The Messenger of Allah never quit those four things: The fast on the tenth day of Muharram, fasting ten days in Dhul Hijjah, fasting three days every month and the two rakat prayers of the morning
Abuddarda states the importance of those ten days of Dhul Hijjah as follows : “One should fast on the first nine days of Dhul Hijjah , give plenty of alms, pray and repent a lot, for Our Prophet (PBUH) stated: ”Shame on the person who is deprived of the goodness and abundance of these ten days

Whoever fasts on the first nine days of Dhul Hijjah, will be awarded a fruitful life; his assets will become abundant, he will be saved of many predicaments, he will be forgive; his good deeds will be awarded a lot; he will submit his soul easily while dying; his grave will be illuminated; his good deeds scale will be heavier on the Holy Scale and he will attain high degrees in Heaven.
Before Allah, there is nothing more meritorious than the deeds done on the ten days of Dhul Hijjah. On these days, say many times the remembrances of Allah, like (Subhanallah), (Alhamdulillah) , (La ilaha illallah) and (Allahu akbar). (Abd b. Humayd, Musnad, 1-257)
Our Prophet (PBUH) gives the good tidings that for the good deeds done on the first ten days of Dhul Hijjah, they will be awarded 700-fold. Those ten days are the days that have been rendered abundant by Allah and they have been sworn on in the Koran. Those days give us the opportunity to repent and make the most out of short periods. We should fast, give alms, remember Allah,on those days, like our Prophet (PBUH) did.
As for the issue of fasting on the Eid days:
Fasting begins with the dawn and finishes with the sunset. Thus, fasting is not possible through waiting till noon. Besides, fasting on that very day is strongly disliked. It is not a must to start eating with the meat of sacrifice, either.

Please click on the link given below;

Magnificent Opportunity: the First Ten Days of Dhul Hijjah; Layal Ashara

72 Ablution is a problem for working women. Is it sufficient to wipe over thin socks while taking ablution, like wiping over the top of the feet without a complete wash of the feet?

Among the conditions of the validity of wiping over socks, the following conditions are present: the socks must be solid enough to stand without laces; they must not letting water in and must be durable enough for a normal course of walk of 5 kms. It is acceptable to wipe over socks which comply with these conditions. Those which do not have such qualifications cannot be wiped over.

Besides, if the socks worn over leather-made socks are thin enough to let the water over the leather-made socks when wiped while making ablution, they are acceptable to be wiped over. It is not permissible to wipe  if the socks worn over leather-made socks do not let the wetness under.

73 What are the necessary conditions for the validity of wiping over (Leather- Made) Socks (Khuffs) ?

1. (Leather-made) socks (khuffs) should be worn after the feet have been washed for ablution. Wiping over a bare foot or a bandage due to an excuse complies with the decree of ablution and wiping over (leather-made) socks worn afterwards is also acceptable.

2. Leather-made socks should cover the feet with the heels. Wiping over socks, boots or slippers that are shorter than the heels is not acceptable.

3. It should be possible to walk at least 3 miles (about 5 kms) with the leather-made shoes on.

4. There should be no rips or splits below the heels of leather-made socks more than three toes long according to the small toes of a foot. If rips and splits are present, each sock is regarded separately.

5. Leather-made socks should be thick enough to stand without laces.

6. Leather-made socks should not let the water outside come into and wet the feet immediately.

7. An empty space measured as at least the smallest finger of a hand should be available in the front part of each foot. For this reason, a person who does not have the front part of one foot or two feet cannot wipe their leather-made socks. However, a person who does not have one of their feet can wipe the leather-made sock they wear on the other foot. (al-Kasani, ibid, I, 7, ff; Ibn Abidin, ibid, I, 261, ff; al-Fatawa’l Hindiyya, I, 32,34; Mehmed Zihni, Nimet-i Islam, Istanbul, p. 76; O. Nasuhi Bilmen, Buyuk Islam Ilmihali, Istanbul 1985, p. 82 ff).

The Time Limit of the Validity of Wiping over Leather-made Socks:

The time limit of the validity of wiping over leather-made socks is a day and a night, that is, twenty-four hours for a settled person and three days and three nights for a travelling person who makes at least an eighteen-hour travel. And this equals to seventy-two hours. These time limits are defined in the hadiths. (Nasai, Taharah, 98; Ibn Majah, Taharah, 86). The deadline of the validity of wiping over leather-made socks begins not from the moment they are worn and onwards but when the ablution is broken. For example, if a person who has made ablution in the morning and wears leather-made socks over his feet breaks his ablution at twelve, noon, the period begins at twelve.

A settled person who becomes a travelling person acts in accordance with the period of travelling and completes that period. However, if a travelling person becomes settled after wiping over his leather-made socks for a day and night, his period ends. Now, he must wash his feet while making an ablution. The legality or illegality of the purpose of travelling does not affect the validity of wiping. According to Imam Shafii and Ahmad b. Hanbal, the time limit of the validity of wiping is twenty-four hours for a travel with illicit purposes.

74 Is it makruh and a bid’ah for those who grow a beard to cut (shave) the hair under the lower lip?

In Raddu’l-Mukhtar, the following is reported from “al-Gharaib” briefly: “it is a bid’ah to cut the hair under the lower lip.” (Ibn Abidin, Raddu’l-Mukhtar, 6/407).

Celal Yildirim says –without giving any reference- “It is regarded a bid’ah for those who grow a beard to cut the hair under the lower lip because it is definite that the Prophet (pbuh) did not shave that part. (See Celal Yildirim, islam Fikhi, 4/207)

According to what Tahawi states, to shave the hair over the upper lip (the mustache) is better than to shorten them according to Imam Azam, Abu Yusuf and Muhammad. However, according to the Hanafi scholars that came after them, it is sunnah to shorten the mustache not to shave it. (See al-Bahru’r-Raiq-Shamila-7/163)

According to Hanafi scholars, it is not appropriate to shave the beard on the throat under the chin; according to Abu Yusuf there is no drawback to it. (See Raddu’l-Mukhtar, 2/418)

There is no drawback to cutting the hair on one’s face as long as he does not intend to resemble women. (See Raddu’l-Mukhtar, ibid)

75 When "fard" become obligatory on boys?

Since a person can distinguish what is good from what is evil, the right from superstition only after he reaches puberty, in the hereafter Our Lord is not going to hold us responsible from our childhood times of the world life. And He is going to make us to give account of our religious obligations such as prayer and fast beginning from the day we reach puberty and hence our religious responsibility starts after we enter to the age of puberty.

However, the puberty age has not got a certain date. The sensation of entering to puberty may start at any month or day starting at the age of 12 for boys and 9 for girls until the age 15. Each of our obligations are written down into our deeds book as either “performed” or “failed to perform” as from the day the human and sexual senses are observed in the form of wet dreams for boys and menstruation for girls.

If a boy does not go through any wet dream or a girl not experience any menstruation till the age of fifteen, they are going to be deemed to reach puberty.

Allah created the human beings in different dispositions. This can be shown as a reason why the age liability changes. Nevertheless, when subjected to average, the people in general enter to puberty age at close times.

76 Is there a hadith like “The leftover of a believer is a cure for the other believer.” ? Is an infidel’s leftover clean?

We could not find the source of this hadith. However, those hadiths may not be applicable for all times and all things.

If a living being drinks from a bowl or a small pool, the remaining water is called the leftover.

Islamic jurisprudence says that a man’s leftover is clean. Man is a venerable being. Thus, no one’s leftover may be unclean even if he/she is a disbeliever. Provided that the food is lawful. The cleanliness of the liquid or food remnants depends on the eaters spit. Each human  being’s spit is clean. A disbeliever’s leftover is clean, too.
For instance, if a man drinks water from a glass, the glass is not considered to be unclean. Another person may use it without washing.
Moreover,in the hadiths, it is clearly stated that, one must not go to a place suffering from plague or epidemic diseases. Considering those two hadiths together, we come to the following conclusion:

It is not preferable to use the things that sick people use. However, it is not a sin to use the things that non-sick people use.

77 What does determine one country whether is an Islamic country or not?

We will summarize which conditions are required for a place to be a place of non-Muslim (Daru’l Harb), and the country you live is whether a Muslim country or not according to the Islam scholars.
Firstly, we will give the meanings of the concepts of “Daru’l Harb” and “Daru’l Islam”. Omar Nasuhi Bilmen describes the concepts of “Daru’l Harb” and “Daru’l Islam” in his dictionary, The Islamic Law and The Fiqh (Islamic Law) Expressions as follows:
A Daru’l Islam is a place that Muslims are predominant and in which they can live safely and perform their religious provisions.
A Daru’l Harb is a place in which there is no peace between Muslims and non-Muslims and non-Muslims are predominant (1).
So, while even just looking at those descriptions, it is understood clearly that Malaysia is a place that Muslims live predominantly and there is no reality in the claims of those who say that this country is a non-Muslim country.
As a matter of fact, the views put on this matter are nothing than a subtract claim. And such claims which are subtract (having no reality) and not depended on any proof are not taken in consideration. As in every science, in religious knowledge, too; the claims are depended on certain evidence as a principle. And again, the judgments in every science belong to the scholars who are expert at that field. So the experts of the religious knowledge are the interpreters, the scholars of the Islamic law and the imams –especially the imams of the four great sects (These are Imam Azam Ebu Hanife, Imam Shafii, Imam Maliq and Imam Hanbal). For this reason, whoever speaks in the name of religion has to consider the judicial opinions of those interpreters and the fatwas (Islamic religious law) of those fiqh scholars. Their fatwas are sufficient and enough for every age and time. Historically it is clear that, no one could get through those interpreters. As no expert scholar after them could have dared to claim of parity, so, some exceeders in this century set forth nothing but abstract claims.
Now, we will explain the judgments of Shafii and Hanafi sects about a “Daru’l Harb” and a “Daru’l Islam” after what we mentioned shortly above:
According to the sect of Shafii, after a place or a country had been conquered by Muslims, that place or country is henceforth accepted as a “Daru’l Islam” till the Doomsday occurs. This judgment does not change even if such a country is captured by blasphemers. Even, the countries of non-Muslims who are in peace with Muslims are not a “Daru’l Harb” (2).
The judgment of Imam Shafii is clear enough and is without explanation. That is to say, according to the Shafii sect, not only any Muslim country, but also the countries such as Yugoslavia, Bulgaria, Greece, Bukhara, Semerkand, and the Crimea are not a “Daru’l Harb”, but they are considered as a “Daru’l Islam”. According to Imam Shafii, in order that a place to be a “Daru’l Harb”, it must not have been fallen under Muslims’ domination and those who live there must not be in peace with Muslims.
According to the sect of Hanafi, a place which is a “Daru’l Harb” is transferred into a “Daru’l Islam” by practicing some of the provisions of Islam (3). And there is an agreement on that case. And on the case of a “Daru’l Islam”s transferring into “Daru’l Harb”, there are two different views. The first view belongs to Hazrath Imam Azam, and the other belongs to Imameyn (Imam Muhammad and Imam Yusuf).  
According to Imam Azam, in order a place of “Daru’l Islam” to be transferred into a “Daru’l Harb”, the following three conditions must occur together at the same time. If one of these conditions does not occur, that place still remains as a “Daru’l Islam”:
1- Blasphemy must cover that place, that is to say, hundred percent of the people must follow blasphemy. A place that blasphemy is not practiced completely, for example; a place in which only Juma (Friday) and festival prayers are performed is not called as a “Daru’l Harb”. Serahsi says as follows in this issue:   
“For realization of that condition, polytheism must be practiced openly and the stipulations of Islam must be abolished categorically. Imam Azam means with that condition that domination and power absolutely must be in the hands of unbelievers.” (4).
That is to say, in a Muslim country, for realization of this condition, domination and predominance has to be completely in the hands of blasphemers. Because of some faults, if there is defectiveness in domination of the blasphemers, that place cannot be a “Daru’l Harb”. As a matter of fact, even just by performing Juma and Festival prayers, that place remains as a “Daru’l Islam”.
And again, according to the judicial opinion of Isticabi who is among the scholars of the Islamic law: “At a place, even if one condition of Islam is applied, that place is accepted as a “Daru’l Islam”.”
According to Ibn-i Abidin, ‘Although - at a place- the provisions of Muslims and polytheists are applied together, that place is again accepted as a “Daru’l Islam” (5).’ In the book of Bezzaziye it is recorded that: “Our prophet (peace and blessings be upon him), when honoring to Medina, despite the judgments of Jews and polytheists were being run, after Our Prophet (pbuh) had begun to acts of Islam, that town transferred into a “Daru’l Islam” (6).”
2- That place must be contiguous to a “Daru’l Harb”, that is to say, the borders and neighbor borders of that place must be girded completely by blasphemers. If any border of that place is contiguous to a “Daru’l Islam”, that is to say, if it is neighbor to a Muslim country, that place cannot be a “Daru’l Harb”. Because according to Imam Azam, ‘Muslims who are neighbor to another Muslim country are not considered as defeated completely. They can carry on their relationship with that Muslim country on religious, moral, faith, social, political, commercial and traditional acts; and they can keep the principle of Islam alive.’
It may be beneficial to explain a point in this case. According to the non-Muslims, the condition of engirding is not for the independent Islam countries, but is for villages, towns and provinces which are subjugated by a non-Muslim country and too impotent to defend themselves (Like Muslim villages in Russia). So, as a matter of fact, in concerning explanations of the interpreters of Islamic law, not the expression of “country/government”, but the expression of “city/town”, “village” is used. Otherwise, a Muslim country which is independent and able enough to defend itself, although being surrounded by non-Muslim countries from all sides, still cannot be a “Daru’l Harb”.
3- There must not be any Muslim or non-Muslim minority who are in safe. That is to say, Muslims or non-Muslim minorities’ security -who were living in safe in that place before- must have been destroyed with a blasphemy invasion.
This third condition is only valid in case of an invasion in which a Muslim town invaded by a blasphemy attack.
In that case, Serahsi says as follows:
“Muslims or non-Muslim minorities’ living in safe in a town is a proof that the domination of polytheists is not in full. Because the interpreters of Islamic law do not consider the thing occurred later, but they consider the actual fact. What is the fact here is that town is a “Daru’l Islam”. Non-Muslims or Muslims’ surviving there is a fact sign. As long as that sign remains, it is understood that there is a trace from that fact and that town continue as a “Daru’l Islam” (7).
Now, we will explain these three conditions that Imam Azam set forth with an example.
Andalusia, which was a Muslim country before, had been occupied by Christians later. And there were in no way remained life and property safety of Muslims, and the blasphemy was being applied hundred percent. And there were no border of that country with a Muslim country. So, because the three conditions that Imam Azam set forth occurred at the same time, that place is a “Daru’l Harb”.
And Imameyn depends transferring a “Daru’l Islam” into a “Daru’l Harb” on performing the polytheism hundred percent and on non-Muslims’ certain predominance over Muslims. And that depends on a complete invasion made over a Muslim area by non-Muslims. For example, Batoum (a city in Georgia) -according to Imameyn- is a “Daru’l Harb”, as it is completely under the domination of Russia and blasphemy is hundred percent applied. However, if any stipulation of Islam were let be performed (such as performing Juma and festival prayers), that place –according to Imameyn- would still be a “Daru’l Islam”.
Accordingly, the countries such as Malaysia have not any possibility to be a “Daru’l Harb”.
Malaysia (Thanks to Allah) is a “Daru’l Islam” for centuries. And it keeps its quality today as well. Except for some applications concerning with practicing, the provisions about faith, moral and worship can be openly and freely complied. Besides, there is no legal obstacle for those who want to apply the provisions of religion when they want to. In the sermons, the religion can be taught and Islam can be expressed. Islamic provisions such as adhan (call to prayer), jamaat worships (congregational worship), Juma and festival prayers and pilgrimage (hajj) are continued to be applied/practiced. From thousands mosques and mascids (small mosque) can adhans be called five times a day; and jamaat prayers, Juma and festival prayers can be performed freely. Those who want can apply for the worship of hajj or umra (visiting Kaba and other holy places of Mecca except the pilgrimage season). The publication of the Qur’an and Islamic works can be done easily. Religious festivals are accepted as a holyday officially. Muslims can put a name however they want to their children. Islamic customs such as hatim prayer (the prayer which is recited after reading the Qur’an from start to finishing up), mavlid (a poetical work written by Suleiman Çelebi celebrating the birth of Our Prophet (pbuh)) and circumcision feasts continue their presence.
If sum up: As it is understood from above explanations, the three-condition that Imam Azam set forward is not a subject of discussion for Malaysia. As a matter of fact, according to the sect of Shafii, a place that had been under domination of Muslims before is a “Daru’l Islam” till the Doomsday (For example, many parts of Russia such as Crimea, Caucasia, Bukhara; Andalusia and Bulgaria).
One more case that is claimed by those who set forward the matter of “Daru’l Harb” is the opinion that all of the worships performed in a non-Muslim country (Daru’l Harb) are superstitious.
This opinion and claim have no proof and evidence that can be based on in religion. 
A Muslim, whether he is in a “Daru’l Islam or “Daru’l Harb” has to comply with the commands of Allah and abstain from what He prohibited. Worship is the purpose of creation and the wisdom of man’s existence. No situation can debar him from complying that exalted duty.  
It is a known fact that Islam has grown up like a snowball all over the world and the number of those who accept Islam is increasing day by day. Those new Muslims, in non-Muslim countries where they live are in determination of practicing the religion tasks intactnessly. If the mentioned claims were true, then there would not be any meaning of the faith and worships of those who are newly Muslim. Their religious efforts would not be any thing than an empty effort. And that case would cause a result that in non-Muslim countries one could not practice Islam and be pious. Further more, there would be one who accepts Islam. (*)
In this case, saying that worship is invalid in non-Muslim countries and depriving Muslims from an important sign which distinguishes them from non-Muslims mean to expose Muslims with possible dangers that will come from non-Muslims.
And one more matter that is misevaluated is the consideration that one can commit sin freely in a non-Muslim country as if it is permissible. Whereas, the result of a sin is same both in Muslim countries and non-Muslim countries. The hideousness of a sin is permanent; and the punishment after death and its responsibility are fixed. But, there is no possibility to apply the worldly punishment of the sins in non-Muslim countries because there is no department or office concerned.
Also, some acts’ being permissible -which are actually haram (forbidden)- such as receiving interest from non-Muslims in non-Muslim countries cannot be a proof that harams are free. Because such acts are permissible just when it takes place between Muslims and non-Muslims in non-Muslim countries, and as long as there is an advantage for Muslims in that application. From this point of view, a Muslim can receive interest from a non-Muslim, but cannot give. However, Muslims cannot do such applications between themselves. (8).
We want to attract attentions to one point before we end our subject:
As in every era today as well, the greatest service that should be done for people is to teach them the realities of faith, and settle the quality, affection and fear of Allah into their hearts; teach them the bases of Islam, settle the good moral, just and straightness into their heart and minds; establish amongst them unity and togetherness, obedience and deference, compassion and mercy; instill the love of homeland and nation, the sense of reverence for the holy things into their conscience. Leaving such important services and putting forward the matter of “Daru’l Harb” as if it is the most important matter of Islam is nothing than annoying people and confusing hearts.
References:
(1). Bilmen, Ö. Nasuhi; Hukuk-u Islâmiye and Istılâhat-ı Fiqhhiyye Kamusu (The Dictionary of Islamic Jurisprudence and expressions related to the Islamic Law); v. M; p. 394.
(2). Bilmen, Ö. N. (the above mentioned work), v. III, p. 335.
(3). Khuhistani, v. II, p. 311.
(4). Serahsi, Mabsut, v. X, p. 114.
(5). Ibn-i Abidin, Durrul Mukhtar Sherhi, v. IV p. 175.
(6). Bezzaziye, v. VI, p. 312.
(7). Serahsi, (above mentioned work), v. X, p. 114.
(*). It is a certain principle that, in a Daru’l Harb, blasphemy, and in a Daru’l Islam, faith is taken into consideration. In consequence of this principle, if an unowned dead is found in a Daru’l Harb, that dead, without hesitation, is accepted to be amongst people of blasphemy. And is taken to burry in a non-Muslim graveyard. To adjudicate that dead whether a Muslim, only does depend on a sign such as hearing of himself/herself that s/he was a Muslim or seeing s/he was practicing the religion.  However, if an unowned dead is found in a Daru’l Islam, without looking for any sign, s/he is regarded as a Muslim. By performing the funeral prayer, s/he is buried to a Muslim graveyard.
(8). Ahmed Nuri, Dini Bilgiler (Religious Information), p. 187, 2nd press, Cihan Publication, Istanbul.
Source: Mehmet Kırkıncı, What is Daru’l Harb?

78 Is it true to display animals in the zoos by taking them away from their natural habitats? Are there any religious objections to visit these zoos?

It is not an appropriate act to restrict the freedom of animals and to put them in cages. The bigger the area of a zoo, the less the objection to this application. However, the thought of preserving animals that face extinction in such places and enabling them to live under better conditions is a good idea.

As every rose has its thorn, every cloud has a silver lining. It is a fact that those kinds of acts have both good and bad aspects. Putting a gazelle in such a place is bad because it restricts its freedom; on the other hand, it is good because it protects the gazelle from being a target for hunters.

After all, we do not think that it is objectionable to visit zoos unless the visits cause problems for the animals there.

79 Why cannot Muslims marry their Mahrams especially their biological sisters?

There are two kinds judgments (decrees) of the Religion (The Shariah).
1.    The decrees and prohibitions that directly come from Allah; we call “taabbudi”, that is to say, their reasons (wisdom) are not known.
2.    The part whose reasons (wisdom) that lay on the divine decrees and prohibitions may be searched about; we call them “maqulul mana”.
We can look at your question from a different aspect. Why is the dawn prayer 4 rakats but not 10 or 20 rakats? The answer is because Allah commanded us to do so. The noon prayer was determined by Allah as 10 rakats. To search the wisdom (reason) of it shall turn out to be resultless. The real answer to the question is because Allah commanded so. However, some Shariah rules may be explained with wisdom, but they are not the real reasons. The actual reason is Allah’s command and prohibition.
For example, why did Allah command the salat (prayer)? One can list the wisdoms and purposes of it in volumes of books. One can answer why we fast by searching its wisdom and reasons. However, reasons (wisdom) and benefits cannot replace Allah’s decrees. For example, one of the reasons of fasting is to empathize with people who suffer hunger and approach them with compassion.
So, a person can say “I will experience more hunger so that my feeling of compassion can be increased and I can help the poor much more.”
Although the time of imsak (the time to begin fasting) is at 4.00 a.m., if one intends to start fasting at 11 o’clock at night, but if that person breaks his fast 5 minutes before iftar (the breaking of Ramadan fast at sunset), can his/her fast be acceptable? Certainly not. There is a determined time to break the fast.  And although that person stays hungry longer, his/her fast is not accepted. That is to say, the wisdom that required for fasting is applied (by staying hungry), but because of breaking the fast at a time that Allah does not permit, his/her fast is accepted.
Thus, we should look at the all of the decrees and prohibitions in this way. That is to say, we do it because Allah ordered us to do so. Certainly, there may be reasons (wisdom) of it too. And these reasons can be searched. It is also knowledge and worship. However, wisdoms and benefits are definitely not the actual reasons, but details.

80 Is it makruh to perform the night prayer after midnight?

According to the view of Hanafis on which the fatwa is based and the other madhhabs, the time of night (isha) prayer starts when the red dusk in the west horizon disappears and ends just before the true dawn. The evidence for the view is the hadith reported from Abdullah b. Umar: "The dusk is red. When the dusk disappears, it becomes fard to perform the night prayer." (as-San'ani, 1/114).

On the other hand, the preferred time for the night prayer is until one third or half of the night passes because the Messenger of Allah said, "If I did not want to cause difficulty for my ummah, I would order them to delay performing the night prayer until one third or half of the night passed." (ash-Shawkani, 2/11). Anas (may Allah be pleased with him) stated that Hazrat Prophet delayed performing the night prayer until half of the night passed. (ash-Shawkani, 2/12).

The following is reported from Hazrat Aisha (may Allah be pleased with her): "Once Hazrat Prophet delayed the night prayer. The people in the mosque had slept. Then, he led the prayer and said: If I did not want to cause difficulty for my ummah, I would order them to perform the night prayer at this time." (Bukhar, Mawaqit, 24).

The beginning time of the witr prayer is after the night prayer; the end of the time of the witr prayer is just before the time for the morning prayer starts. (see Hamdi Döndüren, Delilleriyle İslâm İlmihali, İstanbul 1991, 313 ff.)

81 What is the judgment for shaving or growing a beard? What are the judgments for beard and mustache based on evidence? What is the type of beard in compliance with the Sunnah?

Growing a beard is one of the most important sunnahs of the Messenger of Allah. No scholar said that it was fard; and abandoning growing a beard was not evaluated as abandoning a fard. There is a difference about the view on the beard between Shafiis and Hanafis. According to Shafiis, growing a beard is sunnah. Cutting off the beard is makruh tanzihi.

According to Hanafis and the other two madhhabs, the judgment is different. It is makruh tahrimi to cut off the beard after growing it.

Since our religion has not imposed an obligation regarding the issue, we cannot criticize some people by asking them why they do not grow beards. Our religion does not prohibit us from not growing the beard; a person who does not grow a beard becomes deprived of the reward of sunnah, but he is not regarded to have committed a sin.   

The principles and rules that our Prophet brought include all aspects of the life, from worshipping to judgments, from ethics to personal lifestyle and the whole elements of the society...

The life of our Prophet is the best and clearest example for believers. Our Lord states it as follows: «Ye have indeed in the Messenger of Allah a beautiful pattern (of conduct) for anyone whose hope is in Allah and the Final Day, and who engages much in the praise of Allah.» (al-Ahzab, 21)

There are some sunnahs of the Prophet that are like his natural acts. For instance, his dressing, eating and drinking, and body care are examples to those acts. Most of them are regarded among etiquette. When believers act in accordance with them, they illuminate their acts.

Hazrat Aisha reports some of those natural sunnahs from the Messenger of Allah as follows:

«Ten things are natural (customs that originate from the creation): clipping the mustache, letting the beard grow, using miswak (tooth-stick), snuffing water in the nose, cutting the nails, washing between the fingers, plucking the hair under the armpits, shaving the pubes and cleaning one's private parts with water.» (Muslim, Taharah : 56; Nasai, Zinah: 1)

Those natural sunnahs that need to be done at certain times by everybody are both means of cleaning and the customs of the Prophet. When man fulfills those duties, he both carries out his bodily duties and receives spiritual rewards for acting in accordance with the Sunnah.

Among the sunnahs that have been mentioned, growing a beard and clipping the mustache have a special feature in terms of outward appearance. When our beloved Prophet says «Grow the beard and clip the mustache», he adds «Do not resemble polytheists» (Bukhari, Libas: 64), mentioning the reason. Polytheists cut their beards and lengthened their mustache as much as they could.

Islamic scholars state the criterion for growing the beard as a handful and they say the extra part should be cut. When Hazrat Umar saw someone who lengthened his beard, he told him to cut the extra part more than the handful. The great companion Abu Hurayra (may Allah be pleased with him) would hold his beard with his hand and cut the extra part. It is narrated that Abdullah bin Umar did the same thing.

As it is stated in our fiqh books, the perfect form of the beard is letting it grow on both cheeks and on the chin. If it is let grow only on the chin, the sunnah is not fulfilled.

The main intention of the believer in growing a beard and carrying out other sunnahs is to follow our Prophet and to imitate him. The aim of a believer is to follow the Sunnah in every aspect as much as possible. However, only some very distinguished people can achieve it. Only mujtahids and walis (saints) can fulfill it. However, although a person cannot manage to achieve it all, he has to support, accept and try to do it with a sincere intention. However, we have no right to accuse and despise those who have the intention and determination to fulfill sunnahs but cannot carry out some sunnahs due to some reasons as if they have committed a great sin.

It is necessary to deal with the issue of beard through that criterion. Growing a beard is both a verbal and physical sunnah. When a believer does it, he transforms his custom into worshipping and gets a lot of rewards. Although there are some mujtahids who say those who do not grow beards will be responsible, some scholars say it is makruh tanzihi; some scholars of our age even say that it is mubah (permissible).

The great scholar of our age, Badiuzzaman says, «Some scholars said, 'It is not permissible to shave the beard'. What they mean is, 'It is haram to shave the beard after deciding to grow a beard'. Someone who never grows a beard is regarded to have abandoned a sunnah. »  (Emirda? Lahikas?, p. 48:49).

Accordingly, those who shave their beards after deciding to grow a beard are regarded responsible according to Hanafi, Hanbali and Maliki scholars, but according to Shafii scholars —Ghazali, Ibn Hajar, Ramli, Rafii and Nawawi—, they are regarded to have committed a makruh tanzihi. Those who follow the Shafii madhhab about the issue are not regarded to be responsible. (Madhahibu'l-Arbaa,2 :44-45; Ianatu't-Talibin, 2 : 340)

It is an Islamic act to support fulfilling that sunnah, to congratulate those who fulfill that sunnah and to show respect to them; it is not a normal act to despise and talk despisingly of those who do not grow beards or abandon growing beards due to an excuse and regard it as a great Islamic deficiency. It is not something that a conscious Muslim will do to harm the bonds of unity and fraternity among Muslims due to that issue.

If those who grow beards take care of their beards in accordance with sunnah, it will show their respect towards sunnah. The criterion for the mustache is not to cover the upper lip, to be as long as one’s eyebrows and not to exceed the level of the lip. The scholars who acted in accordance with the hadith, “Shorten your mustache” shortened their mustache so much as to show the skin under.

82 Is it permissible to look at a paper and read verses or supplications while performing a fard prayer?

It is not permissible to look at a paper and read verses or supplications while performing a fard prayer. However, it is permissible to look at something and read long supplications while performing supererogatory prayers. However, it is necessary to avoid deeds that are described as “amal kathir”. Amal kathir is usually described in two ways: To make an onlooker who sees him in the act from a distance think that he is not performing a prayer or to do something three times on end without any interval like holding something and putting it on the ground, turning over the pages of a book and reading it, etc.

83 Beginning from what age must missed prayers be calculated? How are missed prayers performed?

Performing prayers is an obligation for every Muslim. When we borrow some money, we have to pay it back on time. It is not appropriate to delay it; we have to pay it back and apologize for paying it back late.  Similarly, it is necessary to perform prayers on time. However, if someone has missed some prayers, he has to apologize to Allah and perform them. One can be freed from the obligation of missed prayers only by performing them. There is no other way of being freed from that obligation.   

Since human beings can differentiate between the good and the evil only after they reach the age of puberty, our Lord will not question us about our childhood in the Gathering Place (mahshar); however, He will question us about our responsibilities of worshipping like prayer (salah), fasting, tasattur, etc beginning from the day that we reach puberty; so our religious responsibility starts from the age of puberty. However, the time of puberty is not certain.  A boy may reach puberty at any day beginning from the age of 12 and a girl beginning from the age of 9 until they reach the age of 15. The age of puberty starts with wet dreams (ejaculation) for boys and menstruation for girls; beginning from that moment, the responsibilities are recorded separately in the form of “done” or “missed” in the book of deeds. 

Let us give some information that will be helpful.

1- If a person does not remember the date he/she has entered the age of puberty, men should regard it as the age of 12 and women as 9. The missed prayers should be calculated by subtracting those numbers of years from the age one started performing prayers regularly.

2- You can perform the missed prayers in the form of performing one missed prayer after every prayer. Thus, it will not be difficult for your soul and it will be easy to calculate. 

3- Thus, if you intend to perform all of your missed prayers as long as you live and start to perform them, if you die before finishing performing you missed prayers, we hope you will be regarded to have performed your prayers. If you had lived, you would have performed them because you had started to perform them. May Allah give you a life to finish your missed prayers.

What is the correct method of offering Qada Prayer? In what way is it beneficial?

84 What is beshrewing? How is beshrewing considered in Sufism? Is it permissible to beshrew regarding the issues that we are right or wrong?

Beshrewing means wishing harm upon somebody, praying against somebody.

There are some verses and hadiths indicating that it is permissible to beshrew if it is based on justifiable reasons and the deeds that are regarded as oppression and injustice by the religion. As a matter of fact, most of the interpreters of the Quran state that the following verse allows those who are oppressed to beshrew the oppressors: "Allah loveth not the evil should be noised abroad in public speech, except where injustice hath been done." (1) In addition, there are hadiths stating that the Prophet beshrewed some polytheists who were known by their bad deeds against Islam. According to one of those hadiths, the Prophet beshrewed seven people, among whom were, Abu Jahl, Umayya b. Khalaf (or Ubay b. Khalaf), Utba b. Rabia, Shayba b. Rabia and Uqba b. Abu Muayt; according to what Ibn Masud, the narrator of the hadith, said, all of those seven people were killed during the Battle of Badr and what the Prophet had said came true(2). It is also known that Hazrat Muhammad beshrewed some people who kind of worshipped money (3), who disobeyed their parents (4)without mentioning their names in order to warn Muslims.

There are some hadiths stating that the beshrewing of the oppressed would be accepted. As a matter of fact, according to a hadith that exists in many resources, when the Messenger of Allah sent Muadh bin Jabal to Yemen as the governor, he listed his duties and then warned him against oppression and injustice by saying, "Beware the beshrewing of the oppressed because there is no veil between him and Allah." (5) In some other hadiths, it is stated that the prayer of a guest, the prayer of a child for his father, the prayer of a just ruler and a person who is performing fasting and the beshrewing of an oppressed person will be accepted (6); the Prophet himself took refuge in Allah from the beshrewing of the oppressed.(7)

However, beshrewing is one of the words that was almost never heard from the Prophet. It is because forgiving and granting are given more importance than justice in Islamic ethics. As a matter of fact, the following verses show the superiority of forgiving clearly: "The recompense for an injury is an injury equal thereto (in degree): but if a person forgives and makes reconciliation, his reward is due, from Allah"(8); "But indeed if any show patience and forgive, that would truly be an exercise of courageous will and resolution in the conduct of affairs"(9) In some interpretations of the Quran, it is even stated that the verse, "Not for thee, (but for Allah) is the decision: whether He turn in mercy to them or punish them; for they are indeed wrong-doers"(10) was sent down in order to warn Hazrat Prophet , who beshrewed some polytheists; as a matter of fact, it is stated that those people embraced Islam later. (11). In fact, it is known that Hazrat Muhammad (pbuh) usually prayed for the people who resisted Islam so that they would become Muslims instead of beshrewing them. (12)

Islamic scholars have pointed out that it does not comply with Islamic ethics for Muslims to beshrew each other due to unimportant reasons. Especially sufists say that beshrewing does not comply with the manners of Sufism. As a matter of fact, while listing the rules that the people who trust Allah need to obey, Ghazzali says that a person whose things are stolen should not beshrew the thief and adds that if he does, his trust in Allah will be invalid; after that Ghazzali reports some narrations (13) stating that devoted people and sufists feel pity for the oppressors and pray for them so that they will improve instead beshrewing them. (14)

It is not permissible to beshrew someone unjustly whether he is a Muslim or non-Muslim. The hadith, "I will sue a person who oppresses a dhimmi. If I sue a person in the world, I will sue him in the hereafter, too." (15) shows that it is not permissible to beshrew even non-Muslims unjustly.

There are narrations that when someone beshrews unjustly, he will be affected by his beshrewing himself. (16) A person who beshrews unjustly must repent.  

Footnotes:

1- an-Nisa 4/148

2- Musnad, I/393-397

3- Bukhari, Jihad, 70, Riqaq, 101

4- Musnad, II/346; Muslim, Birr, 8

5- Bukhari, Mazalim, 9

6- Musnad, IV/154; Ibn Majah, Siyam, 7, Dua, 11

7- Musnad, V/82-83; Ibn Majah, Dua, 20

8- ash-Shura 42/40

9- ash-Shura 42/43

10- Aal-i Imran 3/ 128

11- Ibn Kathir, II/96-97; Bukhari, Maghazi, 21

12- see Bukhari, "Da'awat", 59

13- see Ihya, IV/283

14- DİA, Beddua Item

15- Ajluni, Kashfu'l-Khafa' II/218

16- Tirmidhi, Birr, 48; Abu Dawud, Adab, 45

85 Is it permissible to have one's eyebrows dyed?

Dyeing the eyebrows is similar to dyeing the hair.

It is not permissible for a woman to dye her eyebrows and show it to non-mahram men.

Besides, it is fard to wash the eyebrows while making wudu and ghusl. Therefore, using dyes that do not allow water to touch the skin prevent wudu and ghusl.

86 Is Germany dar al-harb? What is dar al-harb?

First, let us describe the phrases dar al-Islam (land/country of Islam) and dar al-harb (land/country of war):

Land/country of Islam is the name give to a place which is under the sovereignty of Muslims and in which Muslims live safely, fulfilling their religious duties.

Land/country of war is the opposite of it. According to Islam, Muslims have to act in accordance with the treaty made with the nations and states unless they break the treaty.

• Peace is better. (an-Nisa, 4/128)

• But if they cease (fighting), Allah is Oft-Forgiving Most Merciful. (al-Baqara, 2/192)

• But if they cease, let there be no hostility except to those who practise oppression. (al-Baqara, 2/193)

The verses above clarify the issue.

That is, we cannot declare war against the countries and states that we live in the state of agreement. These places are called dar as-sulh (land/country of peace). That is, even if a country is a land of non-Muslims, we cannot call it dar al-harb since we are in peaceful terms with that country. (see Ömer Nasuhi BİLMEN, Hukuku İslamiye, III/394)

In this context, the places like Germany where Muslims live in peaceful terms are called "dar as-sulh (land of peace)". However, this does not mean that it is land of Islam.

will you please click on the link given below;

The Muslims working in countries like Germany, Belgium and the Netherlands deposit their money in banks in order to keep them. Is it permissible to receive the interest given by the banks?

87 Will you please give information about Fiqh? What is the aim of Fiqh?

All of the rules that the religion of Islam introduced to ensure man's happiness in the world and the hereafter are called decrees of shari'ah or divine decrees.

When the phrase decrees of shari'ah is used, the decrees expressed by verses of the Quran and hadiths of Hz. Muhammad (pbuh) are understood. They can be divided into three main groups as the decrees related to creed, ethics and deeds.  

In fact, fiqh is defined as “a person's knowing the things that are for and against him (his rights and duties)”(1); so it contains the whole of the religion including creed issues and all of the things related to the world and the hereafter. Therefore, Imam Abu Hanifa called his work related to creed “al-Fiqhu’l-Akbar: the Biggest Fiqh”.

In fact, it is clear that deeds are not valid without belief. Deeds come after belief; therefore, fiqh can be defined as the decrees that mujtahids deduce by analyzing evidence related to the issues of deed. 

To sum up, fiqh does the following things:

- It aims to make man attain happiness in the world and the hereafter.

- It teaches man his own rights and responsibilities along with his rights and responsibilitiestoward his Creator and other people.  

- It contributes to the formation of a just, peaceful and stable community.

- It bases human relations on the principle of equality in creation and brotherhood in faith.

- Thanks to this knowledge, people fulfill their worshipping duties to Allah consciously.   They perform worshipping fully. For, instance, they learn the fards and wajibs of prayer and what invalidates prayer thanks to fiqh.

- This knowledge explains what human rights areand introduces principles in order to maintain them. It contributes to the improvement of positive relationships among people. For instance, it states that it is forbidden to deceive people to obtain unjust profits in trade.

- The science of fiqh enables us to learn the rules that ease life. To give people the freedom to fast or not to fast while travelling is an example of it.   

A person who deals with fiqh and has the ability to produce religious decrees from the evidence of the Quran and sunnah is called a faqih. Accordingly, fiqh and ijtihad are used in the same sense just like faqih and mujtahid.

Reference:
1) Zarkashi, Badruddin Muhammad b. Bahadir b. Abdullah, al-Bahru’l-Muhit fi Usuli’l-Fiqh, Daru’l-Kutubi’l-Ilmiyya, Beirut, 2007, 1/1.

- This verse does not show that the Prophet (pbuh) married women because he found them beautiful. While interpreting an expression of the Quran, it is necessary to be careful that the interpretation should not be contrary to the issues that are clear to be true.

a)That the Prophet (pbuh), who was the noblest and cleverest person in Makkah, was 25 years old but he married a widow who was 40 years old and did not marry anybody else when she was alive - though it was a custom adopted there - contradicts this interpretation.   

b)That he married several women after the age of 50, which was a period of old age especially at that time, shows that there were serious reasons behind his marriages.

c)That all of the women he married except Hz. Aisha were widows and that most of them were old show clearly that these marriages were not based on beauty.

d)This expression of the verse aims to emphasize that it is definitely forbidden for Hz. Prophet to marry. For, the Prophet is a man too. There is no drawback to his marrying a woman because she is beautiful.

In this verse, an expression that could easily be understood by people was chosen and it was emphasized that it was definitely forbidden for him to marry after that even if she loved a woman or liked her very much. 

e)In fact, what needs to be understood from this expression of the verse is as follows: Hz. Prophet never acts outside the order of Allah. Marrying or not marrying depends on divide permission.

Then, this decree of prohibition is a sign showing that his previous marriages depended on divine permission and were a result of obedience to divine orders.

Especially his marriage to Hz. Zaynab alone is enough to show the order of Allah regarding the issue. If we think about it as a human being only, we will understand that it would not be possible for the Prophet to marry Hz. Zaynab, which was a problematic issue in the light of the traditions of the community.

That is, the clear decree here is that it was impossible for the Prophet to marry again after that verse was sent down.

88 Is it permissible to wear shorts and to watch footballers who wear those shorts if the shorts are not long enough to cover the knees?

If the shorts that footballers wear cover the knees, it is not a sin to watch them since the shorts cover the parts that are necessary to be covered. If the shorts are too short to cover the knees, it is not permissible to watch them since they do not cover the parts that are necessary to be covered.

However, to watch them on TV is not regarded as real image; so, it is not haram to watch it unless it causes mischief and unless one looks at it with lust.

89 Is there an alcoholic drink called kvas?

We do not have detailed information about this drink. We know that it is a kind of beer. If it has the same properties as the beer made from barley, that is, if it includes alcohol, though a little, it is also haram. 

After detailed information is given in page 320 of the tafsir book called “Kur’an Ahkâmı” (Decrees of the Quran), the following decrees are listed:

1. Intoxicating drinks are haram no matter what the rate of alcohol in them is. For instance, beer that has two percent or less alcohol is haram. (For, it has intoxicating property. That the amount of alcohol is little does not make it permissible.)

2. If a big amount of something intoxicates, very little amount of it is haram too.

90 Is it permissible for women to wear perfume?

Tasattur means to cover the parts of the body that are religiously necessary to be covered. Accordingly, it is fard to cover those parts.

In addition, a woman's walking style, speaking style and attitudes, which can be called spiritual tasattur, are also important. One of them is a woman going out by wearing perfume. Women are prohibited by a hadith from wearing perfume when they go out:

"If a woman goes out by wearing perfume and goes near a group of people so that the scent of her perfume will reach them, she will be regarded to have taken a step toward fornication." (Tirmidhi, Adab, 35)

91 Is it permissible to have energy drinks? Is it permissible to drink them? What is the religious decree about them?

It is permissible to have drinks containing caffeine. However, some scholars say it is better not to drink them since they are doubtful.

It is always better to avoid doubtful things. Furthermore, some Hanafi scholars say even coffee is haram. However, those fatwas were not accepted in general.  

When a Muslim drinks them, he is not regarded to have committed a haram. We cannot tell anybody not to drink them. It is not religiously haram. However, you cannot force a person who does not drink them to drink them.

Are drinks containing caffeine halal?

In Islam, all kinds of narcotics along with intoxicants are prohibited. For, they have the intoxicating property. 

The following is stated in a verse:

"O ye who believe! Intoxicants and gambling, (dedication of) stones, and (divination by) arrows, are an abomination― of Satan's handiwork: eschew such (abomination), that ye may prosper." (al-Maida 3/90)

The use of all kinds of liquid or solid intoxicants is generally prohibited in hadiths:

"Every drink that intoxicates is haram." (Bukhari, Wird, 81, Ashriba 4, 10; Muslim, Ashriba, 67-68);

"If a large amount of anything causes intoxication, a small amount of it is also prohibited."(Abu Davud, Ashriba, 5: Tirmidhi, Ashriba, 3).

In Islamic law, along with alcoholic drinks, all of the other substances that narcotize man and eliminate their ability to reason are regarded as haram and prohibited severely.

It is haram to eat any plant that kills man, eliminates his mind, poison the body or harm his health in any way. For instance, it is not permissible to eat the things that are produced from plants like opium and that eliminate one's mind by narcotizing him.

The following information is given about "caffeine", which is included among the substances that stimulate and cause addiction in the books studied at food engineering departments of chemistry faculties of various universities and the articles written by experts:

Caffeine is an alkaloid. There are many alkaloid compounds that are known. They are widely found in plants like coffee, tea and cocoa. It is important in the drinking of coffee but it does not affect its taste very much. Caffeine, which is produced from plants, is used in pharmaceutical industry, drinks and soft alcoholic drinks. There is a certain amount of caffeine in cola, too.   

Caffeine makes people mentally alert, increases blood circulation, heats the body, eliminates tiredness and eases digestion. Too much caffeine affects nervous system negatively.

Caffeine exists in tea and coffee, too. If something harms when it is used a lot, it is necessary not to use it in excessive amounts. It is haram to eat so much as to harm the body, too. Some foods are useful to some patients.

It is not appropriate to use the things that are known to harm the body. If drinking much coffee and tea harms a person, he needs to drink a little; if even a little amount harms him, he must not drink it at all.

In conclusion, drinks containing caffeine, caffeine in tea, coffee and cola are permissible to drink as long as they do not harm one's health. For, it is not haram to use a little amount of something permissible whose excessive amount is harmful if it does not harm the body. Even very little amounts of alcoholic drinks are haram even if they do not harm. 

In this context, energy drinks that contain caffeine are not haram. However, they should be drunk by taking into account the effect of them on the health of a person. It is not appropriate to drink so much of them as to harm one's health.

92 Can bread and food leftovers be poured into the sink?

The boon that needs to be appreciated and respected the most among boons is bread. It is definite that bread, which was described as "the best food" by the Prophet (pbuh) (1), is the main food item at the table. The Prophet (pbuh) stated the following:

“Show respect to bread because it is from the abundance of the earth and the sky.”

He also stated that those who did not appreciate bread would be tested by famine:

“Allah Almighty will inflict famine upon a nation that disrespects bread.” (2)

It is clear how significant those hadiths are and what an important message they give to the people of especially this age. We need to appreciate bread and should not waste even a small bit of it so as not be hit by famine and so that the treasure of abundance will not be closed.  

However, it is permissible to pour the crumbs that cannot be eaten and dishwater containing food leftovers into the sink due to a necessity. 

On the other hand, the food that went off and the leftovers that are unhealthy can be thrown into the garbage if it is not possible to give them to animals. For, they are no longer regarded as boon.

References:

(1) Kanzul-Ummal, 6 :194. (Musnad marginal notes)
(2) Badrul-Muttaqa, 2:525. (Majmaul-Anhur marginal notes)

(see Mehmed PAKSU, Çağın Getirdiği Sorular)

93 What are the situations in which it is permissible to kill a person?

There are several verses in the Quran stating that it is haram to kill a person. The following is stated in one of those verses: 

"Nor take life which Allah has made sacred― except for just cause. And if anyone is slain wrongfully We have given his heir authority (to demand Qisas or to forgive): but let him not exceed bounds in the matter of taking life: for he is helped (by the Law)." (al-Isra, 17/33)

The crime of Cain (Qabil), Hz. Adam's son, killing Abel (Habil) shows that killing is a crime meaning the violation of the whole mankind. As a matter of fact, Allah Almighty states the following:

"On that account: We ordained for the Children of Israel that if anyone slew a person―unless it be for murder or for spreading mischief in the land― it would be as if he slew the whole people." (al-Maida, 5/32)

The penalty of retaliation for the murdered is definite by the following verse: 

"O ye who believe! The law of equality is prescribed to you in cases of murder; the free for the free the slave for the slave the woman for the woman. But if any remission is made by the brother of the slain then grant any reasonable demand, and compensate him with handsome gratitude, This is a concession and a Mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. In the law of Equality there is (saving of) life to you O ye men of understanding! that ye may restrain yourselves.." (al-Baqara, 2/178-179)

The decree of retaliation existed in the other heavenly religions too:

"We ordained therein for them: "Life for life, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal." But if anyone remits the retaliation by way of charity, it is an act of atonement for himself. And if any fail to judge by (the light of) what Allah hath revealed, they are (no better than) wrong-doers." (al-Maida, 5/45)

The Quran mentions another penalty for a person who kills another deliberately: 

"If a man kills a Believer intentionally, his recompense is Hell, to abide therein (for ever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him.." (Nisâ, 4/93)

It is stated in a hadith that a person can be killed in three cases and upon the decree of a judge. Hz. Prophet (pbuh) states the following:

"The blood of a Muslim cannot be shed except in three cases: A married person who commits adultery, in retaliation for murder, and the one who reverts from Islam and leaves the Muslims." (Bukhari, Diyat, 6; Muslim, Qasama 25; Abu Dawud, Hudud, I; Tirmidhi, Hudud, 15)

The hadith was reported by Ibn Mas'ud.

The following is stated in another narration:

"The blood of a Muslim can be shed in three cases: A person who becomes an unbeliever after having belief; a person who commits adultery after getting married; a person who kills another unjustly."

It is stated in various hadiths that it is haram to kill a person and to commit suicide: 

"Killing a believer is a bigger incident than the end of the world in the eye of Allah."

"Your blood and property are haram to one another as this day, month and place are haram." (Bukhari Ilm, 37; Hajj, 132; Hudud, 9; Muslim, Hajj, 147; Tirmidhi, Fitan, 6)

"Avoid seven destructive things. One of them is killing a person, which Allah rendered haram, unjustly."(Bukhari, Muslim, Abu Dawud and Nasai)

The penalty for killing a person deliberately was determined by a hadith. Hz. Prophet  (pbuh) said,

"Retaliation is applied in deliberate murder. However, it is changed if the parent/guardian of the murderer forgives the murderer."

That is, a person who killed another is executed unless the relatives of the murdered person forgive him.

A person who kills another deliberately becomes a sinner. His case is up to Allah. If Allah wishes, He punishes him; if He wishes, He forgives him. According to the majority of the Islamic scholars, the repentance of a killer is acceptable. They show the following verses as evidence for their decree: 

"Allah forgiveth not that partners should be set up with him; but He forgiveth anything, else to whom He pleaseth." (an-Nisa, 4/48-116)

"for Allah forgives all sins." (az-Zumar, 39/53)

Ibn Abbas holds the opposite view regarding the forgiveness of the killer. For, it is definite by verse 93 of the chapter of an-Nisa that a killer who kills a person deliberately will go to Hell.

On the other hand, the hadith stating that the repentance of a person who killed one hundred people is accepted is very famous and well known. (Bukhari, Anbiya, 54; Muslim, Tawba, 46-47). It is suggested that the verse stating that a killer who kills a person deliberately will go to Hell is valid if he dies before repenting or that it depends on Allah Almighty's wish

Due to the affairs and harms depending on the deed of killing, this deed is divided into parts like wajib/fard (obligatory), permissible/mubah, mandub (recommended), haram (forbidden) and makruh (abominable).

Fard: It is fard to kill the enemy if the enemy warrior does not accept the offers and continues to fight. 

Haram: It is haram to kill innocent people whose blood is not permissible to shed.

Makruh: It is makruh for a believer to kill an unbeliever who is his enemy when he swears at Allah and His Messenger.

Mubah: It is mubah to kill a person who is to be executed due to retaliation; it is mubah for the president to kill a prisoner of war. For, he is free to kill prisoners of war depending on the situation. It is also mubah to kill an attacker in order to defend oneself. It is also permissible to kill a person who tries to grab one's possessions.  

As for a person who attacks people, if the attacker is an animal or an unbeliever, it wajib to kill the attacker. If the attacker is a Muslim, there are two views whether it is wajib to kill or not.  

As for the killing that is mandub, itis mandub to kill an attacker when it is not wajib to kill him.

The imams of four madhhabs list the cases when it is mubah (permissible) to kill a person as follows:

If a person sees a stranger (man) enter his house, sees a stranger (man) committing adultery with his wife or one of his close relatives, it is permissible for him to kill that person. Retaliation is not necessary for the killer. If adultery has taken place as a result of the consent of both parties, the husband can kill both of them according to Hanafis and Hanbalis. If the man has forced the woman, it is regarded permissible to kill the man. However, if the husband finds out later that they committed adultery, he cannot kill them. The state authorities will punish them. In that case, the man can divorce his wife.

Author

Hamdi Döndüren (Prof. Dr.)

94 It is said that if a person sees the grandchild of his grandchild, he will go to Paradise. Is it true? Are the people who live long people of paradise?

The prerequisite of going to Paradise is belief. Therefore, no matter how long a person lives, he cannot go to Paradise unless he believes.

The possibility of a luminous old believing person who spent his life worshipping, who made belief and worshipping penetrate all of the faculties of his spirit and cells of his body and who is like a monument of belief and worshipping going to Paradise is quite high.    

"If it were not for your old people who are bent over, misfortunes would pour on you."(al-Ajluni, Kashfu’l-Khafa, II/163; Suyuti, Kanzu’l-Ummal, IX/167;Imam Ghazali, Ihyau Ulumi’d-Din, p. 341; Majcmau’z-Zawaid, X/227)

In the hadith above, the Prophet stated how worthy old believing people who worship in the eye of Allah were.

In some books, it is stated that the old believing men and women who lived long and spent their lives worshipping will enter the grave with belief. What you heard may be based on this statement.

95 Is it permissible to have an abortion if a religious doctor says that the baby will be born as a disabled child?

This is a very serious issue and it is very difficult to make a decision. However, human life is more important than anything else. Suppose that you have just had a baby and they have told you that the baby is mentally disabled. What would you do? Would you say, "Kill the baby immediately"? Probably you would not.

- According to our religion, after a fetus comes to life in the uterus, it cannot be removed unless the life of the mother is in danger; otherwise, it is regarded as a murder. (see Ghazali, Ihya, 2/47; W. Zuhayli, al-Fiqhu’l-Islami, III/556-558).

- A fatwa issued by the scholars of al-Azhar University regarding the issue is as follows:

It is unanimously agreed by Islamic scholars that it is haram to abort a fetus that comes to life in the uterus unless the life of the mother is in danger. For, the fetus has all of the rights that a person has when life is blown into it. The decree of the verses that prohibit killing a person is also valid for a fetus.That the life of the mother is in danger can be understood by a report written by specialists stating that her life will be endangered if the fetus continues to remain in the uterus. The life of the mother is preferred to the life of the fetus in accordance with the principle ‘a greater harm can be removed by a lesser harm’.” (see Fatawa’l-Azhar, 2/317-318-Shamila).

- It is a bad deed to kill a baby due to the fear of poverty; it is similarly bad to kill a fetus in the uterus fearing that it will be born as a disabled child and it will suffer and cause others to suffer in the world. The following is stated in the Quran:

"Kill not your children for fear of want: We shall provide sustenance for them as well as for you: verily the killing of them is a great sin.” (al-Isra, 17/31)

The killing mentioned in the verse has a general scope; it can include killing the fetus in the uterus. For, a child is a child both in the world and in the uterus.  

The owner of the child and us is Allah. Our duty is to maintain His trust. We cannot know which one will be better. Regarding these vital issues, the final word belongs to the doctors diagnosing that the child will be disabled and the parents. However, we can summarize the issues related to the question as follows:

1. The fiqh scholars who study the issue of birth control do not regard it permissible to have an abortion due to the possibility of the baby being born disabled.A child who was born disabled cannot be killed due to his disability; similarly, a fetus that started to live in the uterus cannot be killed (removed) due to the possibility of being born disabled. As a matter of fact, a fetus that is thought to be disabled is sometimes born as a healthy and robust baby. Or, the disability might not be so bad as to make his life very difficult; the child may survive with a minor disability. It is obvious that the decision to be made about to have an abortion due to this reason needs to be made very carefully by taking the issues mentioned above into consideration. 

2. The fetus can be removed only when the life of the mother is in danger. The following is stated regarding the issue: The life of the fetus in the uterus is not complete yet. However, the life of the mother is complete. A complete (full) life cannot be sacrificed for an incomplete life. In that case, the fetus, which has an incomplete life, can be removed for the life of the mother who is in danger. This is a legitimate excuse. The Islamic scholars agree on this. 

On the other hand, the science of medicine can sometimes make mistakes. We see some examples of it. The following incident narrated by Ahmed Nuri, who is a scholar, is a good example:  

"The voice on the other side of the line sounded like seeking help. It was obvious that she was in trouble.

– Thank God I have found you at last. I am about to sign something that that will make me suffer a pang of conscience throughout my life. Please help me.

First, I was surprised by hearing such an issue of signature. What kind of signature was it? 

– If the signature you are about to put is related to checks, bonds, etc, I do not have much knowledge about them.

She heaved a sigh:

– I wish it were about a signature related to checks or bonds. It is worse than checks or bonds. It is about the death of a person. More precisely, the signature I am about to put is about allowing my baby to be killed.  I was astonished:

– Please explain it and free me from this astonishment. Does somebody want you to kill your child?

– Yes, exactly. Then, she made the following explanation:

– I am pregnant and have been examined for a while. When I was examined the last time, the doctors told me that my baby would probably be born disabled. They said there was a slight chance of my baby being healthy. They advised me to have an abortion as soon as possible. I have been in depression for days. Shall I sign the paper given to me and have an abortion? Or, shall I allow the birth of my baby even if it will be a disabled child?

I suffer from depression because I fear that I will make a wrong decision and suffer a pang of conscience. Is it not a big incident that cannot be compared tochecks or bonds? Please show me a way out. Shall I have my baby removed because it will be probably be born disabled or give birth to a disabled child?

– This is an issue between you and your doctors. They know the gravity of the issue better. We can only convey you the information written in the relevant religious books. We cannot do anything else.

– That is what I want. What is the decree about a baby that is expected to be born disabled in the religious books? Is it permissible to have an abortion if a child is to be born disabled?

– Hayreddin Karaman, a religious scholar, writes the following in his book called "Hayatımızdaki İslam": ”A fetus cannot be removed due to the possibility of being born disabled, mentally retarded or diseased.” It is understood that the right to life of a child cannot be removed even if he is disabled. However, if he is born dead or if he dies after being born, nobody will be held responsible.

– Do you want to tell me that I should not have an abortion?

– I do not say anything. It is up to you to decide. You are supposed to sign the document. I just wanted to convey you the information that I have.

She thanked me and hung up the phone. After quite a long while, my telephone rang. The voice on the other side of the line was breathless:

– I have been praying for you for two days. You saved me from a mistake due to which I would suffer a pang of conscience throughout my life. 

– Sorry, I have not recognized you.

– Do you remember the woman who wanted to have an abortion due to the possibility of giving birth to a disabled child?  That is me. You told me that the right to life of a child could not be removed even if he was disabled. Thanks to the courage you gave me, I gave up the idea and started to wait for the outcome by praying Allah. I am in hospital now. I want to share my happiness. Thank God! He granted me a healthy boy. The doctors had told me that there was a slim chance of giving birth to a healthy child. That slim chance took place. I pray for you due to the courage you gave me.

– I hope all of the births with the possibility of having disabled children will end up like yours.

– I say amin to your prayer. May Lord give happiness to all of the people like me!

This was an incident about giving birth to a disabled child. I shared it with you. You may have agreed with me or not. It is up to you to decide and to prefer.

for more information, please click on the link given below;

Is it permissible to have an abortion? Is it permissible to have a two-month old fetus removed? Will a person who has an abortion be tried for murder in the presence of Allah?

96 is husband allowed to beat his wife?

ANSWER 1

Islam is a religion that follows the middle way, away from extremes. Therefore, if we go to the extremes in our judgments, we will deviate from the truth and distress ourselves more than necessary.

The verse “come not near to fornication” warns people not to try to commit acts like that which pave the way for fornication. 

You need to act more flexibly in order to protect your husband from those ugly acts and to save your family life. You can sometimes tell him using sweet words to fear Allah if he is a person that performs prayers. You need to prove that you are not hostile to him, that you still love him and that what you are doing is for his goodness in order to be able to say it. It depends on maintaining your friendly attitude. His sin will not harm you if your intention is sincere. The fact that the wives of Hazrat Noah and Hazrat Lot were together with deniers confirms that what we say is true.

If he is a person that can tolerate the following sentences, it will be useful to remind him the following truths:

“How will you stand in the presence of Allah after talking / chatting with non-mahram women / girls and sending your private photos / movies to them with your mobile phone?

Allah, whom you believe in, has control over everything (sees everything) with His infinite knowledge. Is it suitable for a married man to fall into a dirty pit like that?

Woe on a husband that commit things that will make him lose his wife in the hereafter. A person who commits such ugly things does not have any respect for himself. A person who has no respect for himself has no right to expect respect from others.

The Quran informs us that all of the concealed secrets will be disclosed on the Day of Judgment. If a large screen is opened and it shows the Gathering Place in the hereafter and if people and especially that person’s relatives, parents, children and friends see the ugly acts of that person, what will that person who believes in the hereafter do there?

The only way to be protected from it is to repent and ask for forgiveness. A person may die any time and it will be too late when death comes; then, the last repentance will not do any good (it is no use crying over spilt milk)”

How to tell him those sentences or who will tell him about them depends on your skill and foresight.

ANSWER 2

It is not permissible for a man to hit his wife. However, it is not permissible for a woman to say bad words about others.

Everybody is responsible for himself/herself first. He/she needs to live in accordance with Islam.

Does it mean it is permissible to beat your wife but beat her less severely than a slave according to the following hadith?

"None of you should beat his wife like beating a slave." Is beating slaves and wives in question in the hadith?

The text of the hadith mentioned above is as follows:

“One of you tries to beat his wife like beating a slave. He will probably sleep in the same bad as her at night.” (Bukhari, Tafsiru surah (91)1; Muslim, Jannah 49)

It is necessary for a man and a woman who love each other, who bear the difficulties of life together to understand and tolerate each other. To beat one's wife means to eliminate the peace at home through one's own hands. How can a person demolish his home, in which he takes refuge from the troubles of the outer world in order to find peace? It is such a meaningless act.

The Prophet mentions that psychological feelings cannot be overlooked in family relationships and expresses his astonishment by saying, "How can a person beat his wife with whom he will probably sleep in the same bed at night?"   

It should not be thought that our religion permits beating slaves by reading the phrase “do not beat your wife like beating a slave” in the hadith. How can a religion that regards a slave as a person's brother allow a slave to be oppressed? With this statement, the Prophet states that women are free and that they cannot be treated like slaves.   

The Prophet never beat any servants, never slapped any of his wives and never hit anybody with his hand throughout his life. This statement was uttered by Hz. Aisha, who was his wife for ten years. (Ibn Majah, Nikah 51)

- "The best of you are those who treat their family well. I am the best one among you in terms of treating families well. The best ones among you are the ones who treat their wives well." (Tirmidhi, Iman 6; Ahmad, 6/47,99)

- "Suggest good things to your wives because they are entrusted to you." (Tirmidhi, Rada' 11; Ibn Majah, Nikah 4 ; Ahmad, 5/72-73; Nasai, 'Ishratu'n-Nisa, p, 167)

- "Give your wives the same food as you eat and buy them the same clothes as you wear. Never beat them and never tell them bad words that will hurt them." (Abu Dawud, Nikah 40-41)

- "Only the bad ones among you beat their wives." (Ibn Sa'd, 8/204)

Can a prophet who utters the statements above tell people to beat their wives?

- “Your slaves are your brothers. Live in peace with them. Help them with the things that they have difficulty in.” (see Majmau’z-Zawaid, 2/168)

- “When your slaves do good deeds accept them; when they do bad deeds, forgive them. If you cannot put up with them, sell them.” (ibid)

- “If a person beats his slave, he will be punished in the same way on the Day of Judgment.”  (see Majmau’z-Zawaid, 10/353)

- “If a person beats a male/female slave, he needs to free him/her as atonement.” (Muslim, Ayman, 29; see Kanzu’l-Ummal, h. No: 25020)

-"Do not call them as "my slave" Call them as "my son", "my daughter"." (Bukhari, Itq, 50-51; Muslim, Alfaz, 13-15)

-"Give them the same food as you eat and buy them clothes the same clothes as you wear..." (Buhari, Itq, 15; Muslim, Ayman, 38)

Can it be claimed that a prophet who utters the statements above allows slaves to be beaten?

ANSWER 3

About the beating of Wives

The authority of man in the family, and the situation and attitude of the woman against that authority are explained in the following verses: 

"Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means. Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard. As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (next), refuse to share their, beds (and last) beat them (lightly); but if they return to obedience, seek not against them means (of annoyance): for Allah is Most High, Great (above you all). If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: for Allah hath full knowledge, and is acquainted with all things." (an-Nisa: 4/34-35).

Let us try to understand the issue by interpreting those two verses:

That not the husbands but all men are defined as protectors and maintainers (qawwamun) in the 34th verse are based on two reasons.

a) Allah gave some people better talents than others; therefore, men are equipped with more appropriate properties than women in terms of protection and administration. 

b) Men undertake the responsibility of sustaining the family and other financial responsibilities. According to some interpreters, the first one of those reasons is an unchangeable property of the human nature; in general, mind and reasoning are predominant in men, and feelings are predominant in women. Physical strength is important in terms of protection and men are more powerful in it. The second reason does not originate from the human nature but from habits, customs and attitudes. Those functions of men were more intense in the age when Islam emerged; those functions still continue considerably today. According to the rules of the Islamic law, man is responsible for the sustenance of the family all alone and he has responsibilities with financial aspects like mahr (dowry), diyah (blood money), jihad/military service.

What authorities and duties does being “qawwam” contain? The interpreters and mujtahids who answered the question by taking into consideration not only the lexical meaning of  it but also the practices, customs and traditions attributed the term qawwam, which meant “standing over something, dominant, caring, looking after” the meanings of “leadership, administration, education, protection, defending, improvement, earning and production”. Throughout history, men have undertaken those tasks and attributes more than women. The meaning that is attributed to the word is “head of the family”.

It is understood from the verse that men are generally superior in terms of administration, defense and protection but when the subsequent sentences are taken into consideration, it will be seen that domination and administration prevail in the family. The founding elements in the family are the husband and the wife. There are religious, ethical and legal rules that constitute, administer and direct that basic structure.  If the rules are obeyed, there will be no problem. If the parties break the rules and transgress each other’s rights, various measures and sanctions to restore the order and to realize justice will step in. In the verse mentioned above, the transgression of the wife is dealt with; in the 128th verse of the same chapter, the rebellion (nushuz) of the husband is dealt with. The woman is defined with two words: salihah (virtuous; righteous; pious) or nashizah (rebellious), based on the aspect whether she fulfills her duties in the family or not. Salihah women fulfill their duties truly both at the presence of their husbands and other family members and when they are not present; they do not transgress the rules adopted by the society, do not betray their families and do not disgrace their honor. What should be done against women who show signs of rebelling the law (nushuz) and have the risk of being nashizah; how should the order and law of the family be maintained? At this point, the Quran gives the duty to the husband first with the attribute of the head of the family. If the husband cannot maintain the order despite the measures that have been taken and if it is feared that the family will break up, arbitrators will step in. In the verse, what the husband can do to stop the woman who rebels the law and tries to destroy the legitimate family order are listed as follows: to give advice, to leave her alone in bed and beat her. To give advice and to leave her alone in bed did not bring out any problems but the measure of beating has become an issue of dispute especially in our age in terms of women’s rights and human honor. As a matter of fact, when the books of interpretation (tafsir) and hadith are examined, it can be seen in the following extracts that there are interpreters who interpret the verse differently and say that it is not permissible for a husband to beat his wife even when she rebels.

The most important base of the measure and judgment of beating except the verse above is the related hadiths. In the hadiths that are healthier and sounder than the ones that state the opposite, our Prophet (pbuh) forbids beating the women and calls them “worthless” and asks the men, "How will a person who lashes his wife like a slave during the day go into the same bed as her at night?" (Bukhari, "Nikah", 93; Abu Dawud, "Nikah", 60).  What the old interpreters mentioned as the reason for the revelation of that verse is interesting in that it shows the opinion of the Prophet about “beating of wives”, which was a common practice among Arabs. Sa'd b. Rabi' of Ansar slapped his wife who had rebelled and his father-in-law complained to the Prophet about him. Our Prophet said, "Let the woman slap her husband in the same way" but before it was carried out, the verse we mentioned above was revealed; it was understood that the husband could beat his wife in that case and the order of the Prophet was canceled. (Jassas, 188; Ibnu'l-Arabi, 415).

The form and amount of the beating were dealt with and it was recorded as a general rule that the beating should not harm the woman, should not leave any marks and her face should not be hit. According to some interpreters, the beating is completely symbolic; for instance, according to Ata, it should be carried out with something like miswak (special, soft branch of a tree with which teeth are cleaned and which is as long as a toothbrush) (Jassas, 189; Ibn Atiyya, 48).

Ata, one of the second-generation interpreters, dealt with the sanction to be imposed on the women who transgressed the law and the hadiths regarding beating the women together and reached the following conclusion: the husband can show his anger and fury but cannot beat his wife who has rebelled but has not cuckolded. Two tafsir scholars – one is old, the other is contemporary - that explained that approach of Ata based their judgments on different reasons. According to Abu Bakr Ibnu'l-Arabi, Ata said the beating mentioned in the verse expressed permissiveness and the hadiths that forbade beating women in general expressed and brought about the judgment of abomination and said, in conclusion, “the husband cannot beat his wife.” According to Ibn Ashur, one of the contemporary interpreters, Ata had the opinion that verses and hadiths brought different judgments for different situations and concluded  that giving advice and refusing to share the same bed belonged to the husband and that imposing sanctions like beating, etc based on the degree of rebellion and transgression belonged partly to the husband ad in general to the authorities and administrators. If the husband beats his nashizah wife lightly and without harming her (in order to train her and to protect the family), he will be allowed to do it; but if he transgresses and abuses that permission, the authorities can definitely forbid men from beating their wives (V, 43-44).

The judgment that the woman can be beaten lightly by her husband not because she has adulterated but because she has rebelled, transgressed the family rights, rejected her husband that she has loved and been together for a long time is also dealt with historically. According to Ibn Ashur, the permission of beating was given based on the customs, traditions and moods of some societies and levels of the community; it is not permissible everywhere and all the time. A husband can beat his wife in case of nushuz only if beating is not regarded as blameworthy, abnormal, contemptuous, harmful and contrary to law in the community that they live in, and if the fury of the husband can be felt by the wife only through beating; the permission is valid only for those communities and situations. The following words of Hazrat Umar comparing the people of Madinah and Makkah in terms of domination over women show that the relations and attitudes can change as the communities change: " We, muhajirs (immigrants from Makkah), dominated over our wives; they always obeyed us; When we came to Madinah, we saw that the women of Madinah were dominant over their husbands; then, our women started to resemble them and act like them." (Bukhari, "Nikah", 83; Ibn Ashur, V, 412).

As some scholars like Ata stated, the fact that Hazrat Prophet (pbuh) never resorted to the permission of beating (Ibn Majah, nikah 51) and said, “he who beats his wife is not a good person” (Hazimi, al-itibar, 142) can be evaluated as proof that although the permission of beating is present in the Quran as a deterrent, it is not appropriate to use that permission (cf. Ibn Ashur, an-Nisa, the interpretation of the verse, 4/34).

Question:

What is meant by fearing disloyalty and ill-conduct of the woman? There exists the permission of beating the wife, but why is the woman asked to show patience when her husband commits the same sin?

Answer:

Is there a logical explanation of the judgment “ the husband having the right to beat his wife when she commits”? Men are more powerful than women at a rate of ninety-nine per cent. If the spouses want to continue the marriage, they have no alternative other than “making peace and compromising”. The Quran offered that way through the following advice:

If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if ye do good and practice self-restraint, Allah is well-acquainted with all that ye do.” (Nisa, 4/128).

In the verse, two reasons are given for men to be qawwam: The first one is natural endowment, which is expressed by the sentence, “Allah has given the one more (strength) than the other.” However, that sentence has such a subtlety that although it indicates the superiority of men in terms of being the head of the family, it does not explicitly say, " Allah has given men more (strength) than women"; thus, it does not attribute absolute superiority to men, and indicates that women can be superior by having the qualities that men do not have. (Elmalılı, N/ 1348-19)

In that natural endowment, that is in the ability of management and administration, some women may be more successful than their husbands. In that case, the second reason (in the field of business, the role based on gender) necessitates men to be “qawwam”, by giving the responsibility of sustaining the household, hence the responsibility of winning the bread. It is the reason of being “qawwam” formed by the efforts of men, not as a natural endowment. To express it in the words of Elmalılı, "then the men who cannot fulfill their responsibilities, who try to grab the money and property of their wives and who do not protect the honor of their families are not regarded as “real men” "(ibid N/1350). Therefore, they cannot be the men who are allowed to beat their wives. (see Qurtubi V/169)

One of the key words mentioned in the verse is “nushuz”. The word "Nushuz" means uprising, rebelling, not showing respect to each other’s rights and disgusting each other, etc based on the meaning of being high in the root of the word. (see Qurtubi V/ 170-171; Elmalılı N/1351; Ibn Kathir N/257) Then, the man that is given the right to beat is the “real man” who has the quality of being “qawwam” (see Elmalılı, ibid); and the woman that is allowed to be beaten is the woman that is “nashizah”: Besides, as it is understood from the rest of the verse, the situation has become so bad that it is feared that the marriage will “break up”.  In other words, at this point, either the “real man” will be given the authority to give the “nashizah” that brought the marriage to the verge of break-up a slight punishment as if he is a sergeant and the problem will be solved without giving way to break-up, or the break-up of the family will be allowed despite all kinds of social, psychological and economic harms. The verse advises the first way. Thus, the family secrets will also be prevented from being revealed in courts .

The following words that the Prophet (pbuh) said in his Farewell (Hajj) Sermon regarding the issue explains the verse in a way: “Fear Allah in respect to women. They are your helpers given to you by Allah. And it is your right that they do not make admit anyone of whom you do not approve to your home. If they do so (if they allow the people you do not approve of in your home), you can beat them – without causing them suffering. It is your duty to provide them with their food and clothing in accordance with the custom.”(Muslim, hajj,147; Ibn Kathir, the interpretation of an-Nisa 34th verse)

As it is seen, the reason of beating the woman is related to admitting a person that the man does not want into the house in the hadith. “The person that the man does not want or like” means a person who causes suspicion. 

As a matter of fact, not fulfilling the duties that she needs to do in the house means nushuz/rebellion but the most critical point in terms of the man is doing something that makes the man suspect. It is understood that the “nushuz/rebellion” mentioned in the verse means a “suspicious situation” that dynamites the peace in the family.

As a matter of fact, it is possible to see from the sentence: “Therefore the righteous women are devoutly obedient, and guard in (the husband's) absence what Allah would have them guard” present in the related verse (an-Nisa 4/34) such an indication. The fact that the Quran describes that familial “rude attitude” in a subtle and “very polite” phrase shows its subtlety of expression and kind style. 

The beating of a woman who paved the way for such a situation lightly – as it is expressed in the hadith – will serve as a reasonable valve for the man preventing him from exploding like a blown up balloon, from breaking up the marriage at once; it will also enable the devilish seditions and delusions that are aroused in his brain to be let off gradually.  However, the presentation in the verse as “first give advice, then stay away from her and then, as the last resort beat her” is a painting of wisdom that people who believe in Allah’s justice, knowledge and wisdom should contemplate on and try to comprehend.

97 What should we do when we find some money?

If a person sees some money or a valuable thing on the road, he should either ignore it or take it in order to look for its owner. If he ignores it and goes on walking, he will not be held responsible. If he takes it in order to find its owner, there are certain things to do:

- He needs to find witnesses before he takes that thing away from the place he has found it. He needs to say, “I have found such and such amount of money or a valuable thing. I took it with the intention of looking for its owner. This is my name and address. If the owner comes, send him to my address and be witnesses for it.” He keeps it for one year. If the owner comes within one year, he gives the money or the valuable things to its owner. If the owner does not come, he will give it to a charity or a poor person with witnesses.

- If the money or thing that is kept is lost or stolen, the person who loses it does not have to pay for it if it is lost or stolen without his fault. If he loses it due to heedlessness, he has to pay for it. Otherwise, he will be in debt to its owner.   

Due to this responsibility, it is better not to undertake to keep something that is found; if one undertakes to keep it, he has to keep it and look after it as if it is his own property and fulfill the responsibilities related to it.

Cheap and small things that are found do not have to be kept for a long time; valuable ones need to be kept for a year; after it is declared, it is given to a poor person or to a charity.

Note: Today, the best thing to do about lost property is to deliver them to the police or authorities.