Most Read in the Category of Fiqh

Can two people who divorce marry each other again? Does hulla exist in Islam? Can a woman who marries an old man marry him again after she is divorced?  

According to the Islamic decrees, there are three bonds of marriage between a person and his/her spouse. One of these bonds is broken with each divorce. When all of them are broken, that is, when a person divorces his wife three times, it is not religiously permissible for them to continue their marriage.  

The term "hulla", which is derived from the verb halla, which means rendering halal, means the marriage of a woman who was divorced by her husband to marry another man first in order to marry her previous husband again. This deed is also called tahlil or tahlil ash-shar'iyya.

The religion of Islam prohibits harming women through divorce and limited the unlimited number of divorces that causes it. The following is stated in the Quran: "A divorce is only permissible twice: after that, the parties should either hold together on equitable terms or separate with kindness. (...)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. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand." (al-Baqara 2/229,230)

If the spouses who were divorced by three talaqs want to get married again, the woman needs to marry another man truly, without any tricks, and has to have sexual intercourse with him. Hz. Prophet states that it is not halal for a woman to marry her first husband again without any sexual intercourse with her new husband. (Bukhari, Talaq, 4; Abu Dawud, Talaq, 49)

The dishonest marriage called hulla, which is made in order to make it halal for the woman to marry the previous husband, is contrary to the principles of Islam and the limitation of divorce as three times in order to protect the rights and prestige of the woman. Therefore, Hz. Prophet declared the man who makes hulla and who makes another man to make hulla as people are damned by Allah. (Abu Dawud, Nikah, 15; Ibn Majah, Nikah, 33; Ibn Majah, Nikah, 33)

The Companions also state that hulla is not halal. The madhhabs of Islam also state that the marriage made based on the condition of hulla is haram;  two Hanafi imams, Abu Yusuf and Muhammad, and Imam Shafii say this marriage will not render marrying the previous husband halal; Imam Malik and Ahmed ibn Hanbal say a marriage made on the condition of hulla is invalid.  

However, if a woman who was divorced with three talaqs marries another man truly, without any tricks, and if her husband dies or if she is divorced due to dissension, etc, it is halal for her to marry her previous husband again.  

Accordingly, if a woman marries an old man truly even if he is 70, she can marry her previous husband again if her husband dies or if she is divorced. 

HULLA

In Islam, the family established through marriage is a serious and holy institution. The marriage makes the woman connected to her husband through three bonds. If a man divorces his wife once and breaks one of these bonds, he can return to his wife when she feels the pain of separation; their relationship continues with two bonds and more carefully. If the man trifles with this serious institution and divorces his wife again and then wants to return to his wife again, he is given one more right and their relationship continues with one bond. If the man divorces her again and trifles with such a serious institution, it is regarded as making fun of the honor of the woman and his demand to return to her again is not accepted. The Quran decrees it as follows: "... 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 (2, 230) That is, after the third divorce, she needs to wait for her iddah, marry another man truly and have sexual intercourse with him; and if she is divorced by her new husband after that and waits for her iddah again, she can marry her previous husband if he wants to marry her again. For, if he puts up with something which harms his honor, that is, his wife's marriage with another man, it means he has learned a lesson.

However, people find ways of bypassing laws; when a man wants to marry his wife that he divorced three times, he makes a deal with another man and make him marry her on condition that he will divorce her immediately. This is called "hulla" or "tahlil"; the second husband that marries the woman on that condition is called "muhallil". These words are derived from the word "halal". "Hulla" means becoming halal, "tahlil" means making halal, that is, rendering halal, and "muhallil" means the one that makes halal.

Since the Prophet likened this second man who makes "hulla" to a male goat for rent (Ibn Majah, Nikah 33) and he said, "May Allah damn the one who makes hulla and the one for whom hulla is made" (Ibn Majah, Nikah 33; Abu Dawud, Nikah l4; Tirmidhi, Nikah 28; Musnad 1/83, 88, Il/323), all of the Islamic scholars unanimously agree that it is a very ugly and haram deed. However, what will happen if it is done despite its ugliness? All of the Islamic scholars except Hanafis state that "hulla" has no value and that a woman who returns to her previous husband like that is not halal for her husband. Hanafis say it is a damned deed but if a person does it without being disgusted, he/she will have committed haram. However, the woman can be halal for her previous husband because when the Prophet damned it, he used the phrase "makes halal". (see. Sabuni, ibid 1/340) That is, making halal takes place even though it is through an ugly way.

In accordance with the state of those getting married, the decree of marriage falls into these categories: fard (obligatory), wajib (close to obligatory), sunnat (practice of The Prophet; not obligatory but carries much reward), haram (forbidden), makruh (disliked) or mubah (permitted):

1. It is fard (obligatory) for the one who is certain to fall into adultery if he does not marry, to get married, on condition that he has the finances to give the dowry (mehr) and to provide for his wife.

2. Again for the man who is in danger of falling into adultery if not married, it is wajib to get married on condition that he has the finances to provide the dowry and livelihood of the wife. The majority except for the Hanafis do not differentiate between fard and wajib. (Ibnul-Humam, the work mentioned, II, 342; al-Kasani, al-Badayi', II, 260 et al)

3. It is haram (forbidden) for the one who is certain to oppress one's spouse if married, to get married. For the one who fears both falling into adultery and oppressing one's spouse, the aspect of haram (prohibition) is preferred. For if in a matter halal (lawfulness) and haram are present, as a principle haram is prominently taken as criterion and it must be avoided. Similarly, in a verse in the Qur'an, it is stated: “Let those who cannot afford to marry keep themselves chaste until God grants them sufficiency out of His bounty.” (The Qur'an, An-Nur, 24:33)

4. It is makruh (disliked) for the one who is feared to oppress one's spouse, to get married. (al-Mawsili, al-Ihtiyar, III, 82)

5. It is sunnat (practice of The Prophet) for those in moderate sexual state (itidal) to get married. Itidal is the state of the one who is not feared to fall into adultery if he doesn't get married, and who is not feared to oppress his spouse if he gets married. The majority of the community falls into this group. The hadiths mentioned above which advice young people who cannot marry to fast, and which warn the three Companions who decide to abstain from marriage, are the evidence for that.
On the other hand, The Prophet and the Companions got married and those following them continued that sunnat. That is the preferred view. (See al-Fatawal-Hindiyya, I, 267)

According to Imam Shafii, though, it is permitted to marry in that case. It is permitted to marry or to stay bachelor. According to him, dedicating one's time to worshiping and engaging in knowledge is superior to marriage. The proofs he bases his view on are these: Allah praised Prophet Yahya (John) with these words: “...lordly, perfectly chaste, a Prophet, among the righteous.” (The Qur'an, Al-'Imran, 3:39). The expression 'hasur' (perfectly chaste) in the original Arabic text of the verse refers to the person who does not engage in sexual intercourse with a woman although he has the potency. If marriage was superior to that, abandoning it would not be praised. However, the majority of scholars have said that this example is a practice of former Sharia (Religious Law) and that it is not binding upon the Community of Islam.

Another proof that Imam Shafii puts forward is this verse: “...Lawful for you are all beyond those mentioned, that you may seek, offering them of your wealth, taking them in sound chastity (i.e. in marriage), and not in licentiousness...” (The Qur'an, An-Nisa, 4:24) That something is halal (lawful) means it is mubah (permitted). For these two words are synonyms. On the other hand, marriage provides sexual benefit for the married person. But it is not wacib for somebody to perform something that is to his/her benefit. Thus marriage is among the actions such as eating and drinking, shopping which are mubah. (az-Zuhayli, al Fikhu'l-Islami wa Adillatuh, Dimashk 1405/1985, VII, 33, 34; Ibn Hajar al-Askalani, Bulugul-Maram min Adillatil-Ahkam, trans. Ahmed Davudoğlu, Istanbul 1967, II, 228 et al.; Hamdi Döndüren, Delilleriyle İslâm Hukuku, Istanbul 1983, p. 183, 184)

It ispermissible to play and to watch football. However, there are some issues to be careful about regarding the issue:

We cannot say that playing ball games is not permissible unless they cause people to delay or miss prayers and unless they cause people to wound or hurt one another. If any of them takes place, it ceases to be legitimate.

Today, it is permissible to play the games of sports played all over the world no matter what their names are and no matter where they originated individually or as teams. However, Islamic scholars draw attention to the following issues for the peace of mind:

1. It is necessary to avoid cursing or swearing while playing and watching.

2. Games must not cause the players and spectators to waste their time by abandoning their education and necessary tasks.

3. Games must not be used for betting or gambling like football pools, lotto, and pick six.

4. They must not prevent fard worshipping like five daily prayers and fasting.

5. They must not be so dangerous as to harm the body or cause death.

6. They must not disturb the people around through extreme acts.

7. People must not exceed the limits of the Quran and the Sunnah regarding the clothes of the players and other issues.

Mehmed Paksu

It is permissible to play football. As for supporting a football team, it is permissible on condition that you do not insult the followers of the rival team, harm them and dislike them. It is haram to do something to a Muslim brother that Islam forbids like insulting him and being angry with him. It is necessary to be very careful about it because it is the point that is abused the most. Sometimes, a person insults the players and supporters of the rival team when his team concedes a goal.

It is not permissible to do all kinds of deeds and to utter all kinds of words that are contrary to Islam. It is necessary to avoid them even if you are joking. 

The religion of Islam is against all kinds of bad deeds and hurting people because Islam tries to make man a real man. Islam elevates man to the level of real humanity. Therefore, Islam gives orders that will lead man to all kinds of perfection and beauty; it forbids the deeds that lead man to disgrace and heinousness.

Acting upon this general rule, we can say that all kinds of deeds like swearing and cursing that offend and disturb people are sinful and haram because it is haram to offend people and it makes a believer a sinner. It is forbidden to disturb even an unbeliever if he is innocent because the Prophet (pbuh) said, “I am the enemy of any person who maltreats a zimmi (a non-Muslim subject living in a Muslim country).”

It is definitely haram to bet and gamble on football games.

Witr prayer is the last prayer performed at night. 

It is advised in hadiths that the witr prayer, which is the last prayer performed at night, can be performed as one or up to eleven rak'ahs in odd numbers; it is called witr because one rak'ha is added to the supererogatory prayers performed at night and they have odd numbers like three and five rak'ahs. (Bukhari, “Witr”, 1)

There are many hadiths showing the practices of the Messenger of Allah about its legitimacy, importance, time, number of rak'ahs of the witr prayer and reading the supplication of qunut in it.

The decree about witr prayer is quite debatable among fiqh madhhabs. According to the view of Abu Hanifa and the preferred view in Hanafi school it is wajib; according to the majority of the fiqh scholars including Imam Abu Yusuf and Muhammad, it is sunnah al-muakkadah.   

It is stated in Islamic resources that scholars like Abdullah b. Mas‘ud and Hudhayfah b. Yaman from the Companions, Ibrahim an-Nahai, Said b. Musayyab and Mujahid b. Jabr from the Tabiun and Hanbali scholar Abu Bakr al-Khallal regard witr prayer as wajib.

Acting upon the evidences that the number of the daily fard prayers was determined as five, those who regard witr prayer as sunnah say an identification that can mean an addition to them cannot be made. Since the middle prayer mentioned in the following verse can take place only when the number of the daily fard prayers is five, they say that there cannot be an additional obligatory prayer: “Guard strictly your (habit of) prayers especially the middle prayer.” (al-Baqara 2/238).

Besides, the following narrations and similar ones are among the evidences that are often referred to: Fard prayers are mentioned as five in the hadith of Isra and Miraj (Ascension) (Bukhari, “Salat”, 1) and in other hadiths and narrations (Bukhari, “Iman”, 34; Abu Dawud, “Wiir”, 2); Hz. Ali’ said, “Witr is not obligatory like other fard prayers; this prayer is the sunnah of the Prophet introduced by him; (Tirmidhi, “Witr”, 2); Ibn Umar's narration that Hz. Prophet performed witr prayer on camelback though he does not pray fard prayers on camelback (Bukhari, “Witr”, 6); the hadith “Three things were rendered fard for me but they are supererogatory for you: witr prayer, sacrificing an animal and the prayer of late morning.” (Musnad, I, 231) Imam Muhammad and Imam Yusuf regard witr prayer as sunnah and they say a person who denies this prayer cannot be regarded as an unbeliever since it has been determined by khabar wahid; they also take into consideration the facts that an adhan is not necessary for this prayer, that it is connected to the night prayer and that reading the Quran is necessary in all of its rak'ah. (Kasani, I, 270-271)

In Hanafi resources, the view of Abu Hanifa that witr is wajib is based on the following evidences: The hadith: “Allah added a prayer for you; it is witr” (Musnad, VI, 7); the Messenger of Allah said three times by emphasizing, “Witr is necessary; a person who does not perform witr prayer is not one of us.” (Musnad, V, 357; Abu Dawud, “Witr”, 2) Acting upon the principle that an absolute order expresses obligation, Hanafis conclude that this is an addition to fard players since the Prophet ordered this prayer and that an addition needs to be something of the same kind and to the determined things. According to this interpretation, the hadiths mentioned above expresses that the witr prayer, which was already performed by Companions as sunnah, is wajib. Kasani mentions the fact that Hanafis accept witr as a three-rak'ah prayer among the evidences of being wajib since there is nothing similar to it among supererogatory prayers. (Badai I, 271)

In Hanafi resources, in the objection to the hadiths that are used to conclude that witr is sunnah, the difference between the concepts of fard and sunnah is highlighted; so, the hadith starting with "there are three things…" and the other hadiths indicating that five prayers are wajib are not regarded as contrary to the decree of Abu Hanifa that witr prayer is wajib. Since witr is not fard, the number of the fard prayers is not increased to six with the addition of this prayer; the addition of witr to the five daily prayers does not mean naskh (abrogation). In these resources, a conversation between Abu Hanifa and Yusuf b. Khalid as-Samti stating that the views of Abu Hanifa related to the difference between fard and wajib are misinterpreted or overlooked by the majority of the scholars is reported. According to Hanafis, it cannot be decreed that this prayer is sunnah just because it is attached to the night prayer due to not having a separate time period. As a matter of fact, it is regarded as makruh to delay the night prayer to the end of the night but it is mustahab to delay witr. The reason why reading a chapter or verse from the Quran is necessary in all rak'ahs is a kind of precaution since it is not among the absolute fard prayers. (Badai, ibid)

The scholars who hold the view that witr prayer is sunnah state that this prayer is the strongest or one of the strongest prayers of sunnah al-muakkadah due to the importance the Prophet gave to it and that it should not be skipped.

It is stated in Hanbali resources that the threat against those who skip this prayer does not express that it is fard but that emphasizes its importance and virtue; the statement of Ahmad b. Hanbal that the witnessing of a person who deliberately skips witr prayer should not be accepted is based on the same reason. (Muwaffaquddin Ibn Qudama, II, 594) Similarly, it is stated that the term "wajib sunnah" used in some Maliki resources to express the decree about witr means "sunnah al-muakkadah". (Salih b. Abdussami‘ al-Abi, p. 672)

Witr prayer is not peculiar to certain people like the Friday and eid prayers, it needs to be performed by all Muslims, whether they are residents or travelers, male or female. A view is reported from Dahhak that it is not necessary to perform witr for travelers but it is known that the Messenger of Allah performed witr when he was a traveler and all madhhabs agree on it. Due to the hadith beginning with “There are three things that are fard for me...”, witr is fard for Hz. Peygamber according to all madhhabs accept Hanafis. The narration that he performed witr on camelback is explained with the possibilities of having an excuse, the permission given to him regarding the issue, or witr prayer being rendered fard for him when he is a resident not when he is a traveler.

The number of rak'ahs of witr and how to perform it. There are narrations that the number of rak'ahs of a witr prayer is one, three, five, nine or eleven. When the views of the scholars of different madhhabs related to the witr prayer and the prayer that is recommended to performed before it (shaf') are taken into consideration, it can be said that the decree about the number of the rak'ahs of witr is generally three. According to Hanafis, witr prayer is a prayer consisting of three rak'ahs like the evening prayer performed in both Ramadan and the other months with tashahhud in the second and third rak'ahs, and salutation after the third rak'ah. (Musnad, I, 89; Darimi, “Salah”, 212; Sarakhsi, I, 164) The difference between the performance of the witr prayer and the evening prayer is that a chapter or some verses are read after the chapter of al-Fatiha in the third rak'ah of witr. A person who forgets to sit after the second rak'ah and stands up in the witr prayer does not return. (Kasani, I, 273) Hanafi scholars state that the narrations about the performance of the witr prayer with more or fewer than three rak'ahs belong to the period before the decree about the witr prayer became definite. According to Shafiis and Hanbalis, the minimum number of rak'ahs for the witr prayer is one and the maximum number is eleven. It is accepted that it is permissible to perform one rak'ah based on the hadith “night prayers are performed as two rak'ahs…", one rak'ah is not regarded as appropriate and at least three rak'ahs are recommended. If a person performs it as three rak'ahs, he can salute after the second rak'ah and perform the third rak'ah separately. According to Hanbalis, it is sunnah to wait for a while after the second rak'ah and it is mustahab to talk in order to separate it from the single rak'ah to be performed after it. According to Shafiis, when witr is performed in congregation, it is better for the imam to perform the three rak'ahs together in order to prevent confusion. According to Shafiis and Hanbalis, it is possible to perform it as three rak'ahs without tashahhud or salutation in the second rak'ah and by saluting after tashahhud in the last rak'ah. Shafiis aim to separate it from the evening prayer by doing so. When witr is performed as more than three rak'ahs, there are different practices based on the interpretations of the narrations coming from the Prophet. According to Malikis, witr prayer is one rak'ah but due to the hadith “night prayers are performed as two rak'ahs…", they regard it necessary to perform a prayer of two rak'ahs with a separate intention and salutation before witr prayer. It is regarded as makruh to perform witr as one rak'ah without performing a two-rak'ah prayer before it or as three rak'ahs without a break except following the imam in congregation. Ibn Hazm prefers witr being performed as a single rak'ah after performing six two-rak'ah prayers. (al-Muhalla, III, 42). According to Jafaris, witr is a single rak'ah but a prayer of two rak'ahs apart from tahajjud is regarded as rawatib.

According to Hanafis, witr is wajib so it is not permissible to perform it on horseback, camelback, etc unless a person has an excuse. According to the scholars who regard it as sunnah, it is permissible for him to perform it by sitting or on horseback, camelback, etc even if a person can perform it by standing. Those who regard witr prayer as a supererogatory prayer and Abu Hanifa, who regard it as wajib, regard it necessary to read the Quran in all rak'ahs as a precaution since there is a possibility of it being fard or supererogatory. Hanafis and Hanbalis regard it as mandub to read the chapter of al-Ala in the first rak'ah, the chapter of al-Kafirun in the second rak'ah and the chapter of al-Ikhlas in the third rak'ah based on the hadith reported by Ubayy b. Ka‘b. However, according to Hanafis, the chapters mentioned in the hadiths should sometimes be replaced by other chapters or verses so that it will not be an absolute rule.

Shafiis and Malikis mention the same chapters for the first two rak'ahs taking into consideration the narration reported from Hz. Aisha but they regard it as mandub to read the chapters of al-Falaq and an-Nas along with the chapter of al-Ikhlas in the third rak'ah.  (for the hadiths mentioned above, see Abu Dawud, “Witr”, 4; Tirmidhi, “Witr”, 9)

Performing missed or skipped witr prayers. Hz. Prophet said, “A person who sleeps without performing witr prayer or forgets to perform it should perform it when he remembers.” (Musnad, III, 44; Abu Dawud, “Witr”, 6; for the views regarding performing missed or skipped witr prayers, see Shawkani, III, 58-59)

According to Hanafis, if a person misses witr prayer deliberately or by mistake and the time for the morning prayer starts, it is necessary for him to perform it together with qunut supplications. According to Abu Hanifa, it is necessary to pay attention to the order (tartib) of the prayers since witr prayer is regarded like fards in terms of deeds; if a person who is sahib at-tartib remembers that he has not performed witr prayer while performing the morning prayer, his morning prayer is invalidated if there is enough time to perform witr prayer; that is, he needs to perform witr first and then the morning prayer. Those who cannot perform it at that time and those who are not sahib at-tartib can perform it later at any time. Imam Muhammad and Imam Yusuf decree that it is necessary to perform missed or skipped witr prayers though they regard witr as sunnah.

According to Shafiis, it is regarded as mustahab to perform missed or skipped witr prayers later though there are some views that they are not performed later. Hanbalis have a similar view, too.

According to Malikis, the determined period for witr prayer is up to the time of the performance of the morning prayer; so if a person remembers that he has not performed witr prayer after performing the morning prayer, he does not perform witr prayer; if he remembers it while performing the morning prayer and there is enough time for the morning prayer, he needs to stop the morning prayer and perform witr prayer first. According to Ibn Hazm, a person who skips witr prayer deliberately cannot perform it later; however, if a person skips it due to oversleeping or forgetting, he can perform it later. (al-Muhalla, III, 101, pp; see TDV İslam Ansiklopedisi, Witr item)

We think that it would be better to use these products (cold cream,oil, vaseline) after wudu. Because it is a known fact that water harshen the skin. You should take the wudu at first then use the cold cream or vaseline. Besides these products do not harm the wudu.

Man is the most honorable being among the creatures. Both his living body and dead body are respectable. Therefore, it is forbidden for Muslims to harm the dead bodies of non-Muslim soldiers killed during a battle. It is forbidden to commit muthla (that is, to pull the dead body into pieces, to cut off the organs of a person like the ears. nose, and eyes and to remove the internal organs of a dead body.)Muthla was rendered haram after the Battle of Uhud.

- Today plastic equivalents instead of cadavers should be preferred if it is possible. That is, it is not appropriate to play with the dead body of a person unnecessarily. Both the living body and dead body of man need to be respected. For, a single person is like a species of other living beings. To eliminate a species is a big crime; it is not appropriate to overlook a species. Therefore, it is a big sin to kill a person.  

- Dissection (cutting up a dead person in order to study it) reached the Islamic world through ancient India, Egypt and Greece. In the Ottoman state, the studies of anatomy and dissection started in the 19th century. In 1841, the Sultan issued a decree and officially gave the permission of working on a cadaver. It is narrated that the Ottoman medicine worked on horse cadavers before that. In the West, the first work on cadavers started in the 12th century.  

- In Islam, the following rule exists: "Necessities render harams permissible." This rule is included in Majalla (Ottoman Civil Code).  Therefore, a person who is about to die due to thirst and who cannot find water can drink alcohol, which is haram, so little as to save him from death. A person who is about to die of hunger and who cannot find halal food can eat something haram in order to survive. Acting upon this point, if working on cadavers is a necessity (we use necessity as an Islamic law term meaning "zarurah") in terms of human life, it is permissible. For, Islam gives great importance to protecting property, life, religion, etc.   

- While working on the dead body or after it, respect needs to be shown to the human body and it should be buried in accordance with the rules.

There is no drawback to carrying the Quran, the paper on which Quranic verses and hadiths are written in a bag, etc and other religious books below the level of the waist unless disrespect is meant. For, it is not disrespect to carry them below the level of the waist. It is also not regarded as disrespect to put them in the lower shelves of bookcases so that people will access them easily.  

However, in our culture, there exists the custom of putting the Quran on the shelves and bookcases that are over the level of waist as a sign of respect shown to the Quran.

This is a kind of subtlety that developed thanks to the feeling of taqwa in hearts. It is not a religious order. However, it should be viewed as an act in compliance with the indication of the following verse: "..and whoever holds in honor the Symbols of Allah, (in the sacrifice of animals), such (honor) should come truly from piety of heart." (al-Hajj 32) However, those who do not do so should not be accused of disrespect.

Doubtlessly, it is necessary to show respect to the Quran, hadiths, the paper on which verses and hadiths written and the other religious books. However, showing respect to them is not related to carrying and holding them over the level of waist only.

The real respect is shown to them by obeying their orders and avoiding what they forbid; that is, by practicing what is written in the Quran, hadiths and the religious books written under their light.  

We will not be regarded to show respect and to fulfill our duty toward the Quran, hadiths and the religious books written under their light unless we practice what is written in them.

The issues to be taken into consideration while printing and sending the Quran by cargo can be listed as follows: 

1. To have wudu in all phases of printing and sending the Quran if possible.

2. To show respect and sensitiveness in all phases of the work.

3. To carry out the tasks of editing, checking and packaging on the tables above the level of waist.

4. Not to use the shelves and drawers that are below the level of waist to keep the copies of the Quran or to use them for other materials except the copies of the Quran.

5. Not to throw the Quran fascicles and pages that are misprinted on the ground and into the dustbin; to collect them in boxes placed over the level of waist and then to deal with them in accordance with the rules of fiqh.    

6. To write on the parcels and packages that "they contain copies of the Quran".

7. To carry the copies of the Quran in parcels and packages; not to touch the copies of the Quran while carrying (in case one does not have wudu).

It means traveling, making a journey. As a fiqh term, traveling means covering a certain distance. That distance is a three-day or eighteen-hour distance with a medium walking style. That distance is also called three-phase distance.

There are two different views as to when someone becomes a musafir:

1- Those considering the distance. According to that view, if a person travels to a distance of 90 km, he shortens his prayers because he is regarded a musafir.

2- Those considering the time. According to them, a three-day journey makes a person musafir. They can only shorten their prayers then. Otherwise, they cannot shorten their prayers.

According to Hanafis, a musafir has to shorten the four-rakat fard prayers to two rakats. However, if he prays it as four, it is valid. According to Shafiis, it is better to pray fully even if one is a musafir. Let us suppose that we perform our prayers fully when we are really musafirs; our prayers will be valid. If we are not musafirs really, then shortening the prayers makes our prayers invalid. Then, we think that it is better to perform the fard prayers fully. However, it is necessary to accept a view and act accordingly and not to criticize the people accepting other views.

Decrees about Musafir

There are some facilities, ease and permissions for musafirs. It is permissible for a Muslim to fast later if he is a musafir. The masah (wiping over socks) period of a musafir is three days and three nights. Musafirs pray the four-rakat fards as two rakats. It is called qasr salah (shortening the prayer).

It is permissible to shorten the four-rakat prayers for a musafir by the Quran, sunnah and ijma (consensus).

Allah, the exalted, states the following:

“When ye travel through the earth, there is no blame on you, if ye shorten your prayers, for fear the Unbelievers may attack you." (an-Nisa, 4/101).

The fact that the reason of the shortening is limited to the condition of fear is to determine the event at that time because most of the travels of the Messenger of Allah (pbuh) were not free from fear.

Ya'la b. Umayya (may Allah be pleased with him), from the companions said to Hazrat Umar:

Why are we shortening our prayers? We are safe now. Hazrat Umar answered him as follows:

I had asked Hazrat Prophet the same thing; he said:

"This is a grant of Allah to you. Accept what he has given you." (Muslim, Misafir, 4; Tirmidhi, Tahara, 4, 20; Nasai, Taqsir, I).

The news about Hazrat Prophet that he shortened his prayers in his travels for umra, hajj or war has the degree of tawatur. Abdullah Ibn Umar said the following:

"I accompanied Hazrat Prophet (pbuh) in his travels. He did not pray more than two rakats. Hazrat Abu Bakr, Umar and Uthman did the same" (Ibn Majah, Iqama, 75).

It is reported that Hazrat Umar said the following: "The prayer of the musafir is two rakats without shortening with the words of your Prophet." (Bukhari, Taqsir, 11; Kusuf, 4; Ibn Majah, Iqama, 73, 124).

Is it obligatory for a musafir to shorten four-rakat fard prayers or is he free to shorten them or to pray them fully?

According to Hanafis, it is wajib and also azimah for a musafir to shorten his prayers. It is makrooh (abominable) for a musafir to pray four rakats deliberately. However, if he performs two rakats and sits for tashahhud and then stands up and performs two more rakats, he is regarded to have performed the fard and the last two rakats are regarded as nafilah (supererogatory). However, he is regarded to have done something wrong because he has delayed the salutations. However, if he skips tashahhud or if he does not read the Quran in the first two rakats, he is not regarded to have performed the fard. As a matter of fact, the decree about the morning prayer and Friday prayer is the same.

The following is reported from Hazrat Aisha (may Allah be pleased with her):

"When the prayers were first enjoined they were of two rakats each. Later the prayer in a journey was kept as it was but the prayers for non-travelers were increased (Bukhari, Salat,1; Muslim, Musafirin,1; Abu Dawud, II, 3).

Ibn Abbas is reported to have said the following:

"Allah enjoined prayers as four rakats for muqims and two rakats for musafirs with the tongue of our Prophet." (Muslim, Musafirin, 5, 6; Abu Dawud Safar, 18; Nasai, Khawf 4; Ibn Majah Iqama, 75).

According to Malikis, it is sunnah muakkad to shorten prayers while traveling; according to Shafii and Hanbalis, a musafir is free to shorten the prayer or not; it is a permission. A musafir can pray by shortening his prayers or fully. However, according to Hanbalis, it is more virtuous to shorten than to pray fully because Hazrat Prophet and the four Caliphs did so. 

It is permissible to shorten prayers during a journey whether the journey is for worshipping, something permissible or something bad. For instance a person who travels for robbing people, for an illegitimate enjoyment or for committing a haram can benefit from the shortening of the prayer because the verses and hadiths about it are certain; no distinction is made between a legitimate or illegitimate journey in the following verse;

"When ye travel through the earth, there is no blame on you, if ye shorten your prayers" (an-Nisa, 4/104) (Ibnul-Humam, ibid, I, 405 et al.; Ibn Abidin, Raddul-Mukhtar, I, 733, 736).

According to most of the mujtahids except Hanafis, permissions like shortening the prayers, combining the prayers, not having to fast, masah for three days, performing nafilah prayers on animals are not in question for musafirs who travel to rob people, to buy or sell wine and other haram things, etc because those people travel to disobey Allah. The rule about the issue is as follows:

"Permissions cannot be used to support evil and bad things."

Besides, Allah permits a person who is in real need to eat dead meat with the condition of "without willful disobedience, or transgressing due limits" (al-Baqara, 2/173). Then, permissions cannot be used to support evil and bad things (Ibn Qudama, al-Mughni, Cairo 1970, II, 261; Zuhayli, II, 323 et al.; Ibn Rushd Bidayatul-Mujtahid, I, 163).

When a musafir has the intention of staying fifteen days or more in a town, he becomes a muqim and performs his prayers fully. If he intends to stay there less than fifteen days, he continues to be a musafir. The evidence that the decree is compared to is the cleaning period of women. The cleaning period makes it necessary for a woman to restart praying and fasting that she was freed from due to menses. To stay in a place permanently makes it necessary for a musafir to return to some religious duties. Therefore, since the maximum cleaning period is fifteen days, the period of staying in a place should be calculated as maximum fifteen days. That view is based on the following words reported by Ibn Abbas and Ibn Umar:

If you are a musafir and enter a town intending to stay there fifteen days, perform your prayers fully. If you do not know when you will leave that town, shorten your prayers." (az-Zuhayli, al-Fiqhul-Islami wa Adillatuh, Damascus 1405/1985, II, 323)

If a musafir stays in a town and waits to meet a certain need of his, he shortens his prayers even if he waits for it for years. He is regarded a musafir since he has not intended to stay there more than fifteen days. As a matter of fact, Ibn Umar stayed in Azerbaijan for six months and shortened his prayers accordingly. It is reported that some companions did the same.

If an army enters a town and even if the soldiers intend to stay there more than fifteen days, they shorten their prayers because there always exists the probability of staying there or being defeated and leaving that place; thus, the intention related to the period is not valid.

According to Shafiis and Malikis, if a musafir intends to stay four days in a place, he performs his prayers fully because it is explained in sunnah that staying somewhere less than four days will not break the judgment about a journey. The Messenger of Allah (pbuh) stated the following:

"Muhajir stays for three days after he performs his worshipping related to hajj.” As a matter of fact, when Hazrat Prophet performed umra, he shortened his prayers though he stayed in Makkah for three days" (ash-Shawkani, Naylul-Awtar, III, 207 et al.).

According to Hanbalis, if a musafir intends to stay somewhere more than four days or twenty prayer times, he performs his prayers fully. If he intends to stay less than that period, he shortens his prayers.

In terms of being a musafir or muqim, the intention of the person to be followed (leader) is valid not the intention of the person who follows or depends on someone. Therefore, a soldier, an employee, a student and a wife become a muqim or musafir depending on the intention of the commander, employer, teacher and husband respectively.

The decrees of being a musafir are not valid for a child who has not reached the age of puberty. According to Shafiis, the intention of a mumayyiz child (child who has attained the age of mental discrimination) about being a musafir is valid and he can shorten his prayers.

If a person who is traveling does not know where the person he is following is going and about the intention of that person and if he cannot get an answer from him, he performs his prayers fully for the distance of three days; then, he starts to shorten his prayers.

If the head of the Islamic state travels around his country for a while without intending to be a musafir, he performs his prayers fully; however, if he intends to travel as long as the period of being a musafir, he shortens his prayers. That is the correct way.

The qada (missed) prayers of a muqim do not change when he becomes a musafir; the qada prayers of a musafir do not change when he becomes a muqim either. Therefore, a muqim performs the prayers that he missed when he was a musafir as two rakats. A musafir performs the prayers that he missed when he was a muqim as four rakats.

A muqim can follow a musafir imam and a musafir can follow a muqim imam in congregation. When the musafir imam gives salutations at the end of the second rakat, the muqim stands up and, according to the sound view, completes his prayer without reciting the Quran; he does not perform sajdah sahw if he makes a mistake because that muqim is like a lahiq in this situation. It is mustahab (recommended) for the musafir imam to say, "I am a musafir, you should complete your prayer."

A musafir can follow a muqim imam only during the prescribed time of that prayer. He performs a four-rakat fard prayer fully like a muqim when he follows a muqim imam. When he follows the imam during the prescribed time of that prayer, his prayer turns to a four-rakat prayer from two. When Ibn Abbas was asked, "What do you say for the situation of a musafir? He prays two rakats when he prays alone and four rakats when he follows a muqim imam”, he said, "It is sunnah to do like that" (az-Zuhayli, ibid, II, 335).

Nafi said the following:

"When Ibn Umar was a musafir and followed a muqim imam, he would pray four rakats; when he prayed alone, he would pray two rakats. " (az-Zuhayli, ibid, II, 335)

A person cannot follow the imam in a four-rakat prayer that he missed while he was a musafir because that prayer had occurred as two rakats.

It is not permissible to perform two prayers at one time due to an excuse like traveling, rain and snow. It is permissible to combine the noon (zuhr) and afternoon (asr) prayer only in Arafat, and the evening (maghrib) and night (isha) prayer only in Muzdalifa in congregation.

According to the three madhhabs except Hanafis, it is permissible to combine the noon and afternoon prayers, and the evening and night prayers in the form of early or late combination. For instance, the noon and afternoon prayers can be performed either in the time of noon prayer or afternoon prayer together; the evening and night prayers can be performed either in the time of evening prayer or night prayer together, too. All of the scholars accept Hanafis have the opinion that early combination and late combination of prayers are permissible. However, it has some conditions; it is not always valid.

The prayers that are missed when one is muqim do not change when a person becomes a misafir; similarly, the prayers that are missed when one is musafir do not change when a person becomes a muqim. Therefore, the four-rakat prayers that are missed when one is a musafir are performed as two rakats whether the person peforms them when he is a musafir or muqim. The prayers that are missed when one is a muqim are performed fully if they are performed when one is a musafir.

The end of being a musafir:

When a person returns to watan asli, his state of being a musafir ends. It does not matter whether he intends to stay there or not. When he returns to watan iqama, the intention of staying there is necessary.

There are three kinds of watan.

1. Watan asli: A place where someone was born or got married and decided to live permanently is called “watan asli”.

2. Watan iqama: A place where someone was not born or did not get married and did not decide to live permanently but settled with the intention of living more than fifteen days is called “watan iqama. The places where someone goes to and live for military service, attending a school, working as an employee or official, etc are regarded “watan iqama” due to the intention of staying more than fifteen days.

3. Watan sukna: A place where a musafir wants to stay for less than fifteen days is his watan sukna. Watan sukna is not taken into consideration. It does not change watan asli or watan iqama. Such a traveler is regarded a musafir both during his journey and during his stay less than fifteen days there. During the journeys to watan asli or watan iqama, decrees of being a musafir are valid only during the journey. When a person reaches those watans, he is regarded a muqim.

Those watans become invalid only by a watan equal to or superior to them in terms of being a musafir. Therefore, watan asli does not become valid by watan iqama or watan sukna. That is, if a person who is in watan iqama returns to watan asli, he does not become a musafir. If a person reaches the place where he was born or the place where his wife settled, he does not become a musafir. Only if the place he will go to is far away enough for the distance of being a musafir, he becomes a musafir only during the journey; when he reaches there, he becomes a muqim.

If a person abandons a place that he had settled and moves to another place in order to settle there, the new place he goes to becomes his watan asli; the place he abandoned is no longer his watan asli because when Hazrat Prophet (pbuh) went to Makkah, he regarded himself a musafir and said, “We are musafirs.” (ash-Shawkani, ibid, III, 270).

Watan asli does not become invalid by watan iqama. If a person leaves the place where he was born or where his wife lives for attending a school, military service or working in order to stay less than fifteen days, his previous watan asli does not change. When he returns there, he is not regarded a musafir even if he stays there only three days because watan iqama does not invalidate watan asli.

While living in a city, if a person gets married in another city but does not transfer his family there, both cities become watan asli for him. He becomes a muqim no matter which one of the two cities he goes to. Watan iqama becomes invalid if a person goes to another watan iqama, or leaves that place for a journey or returns to watan asli. That is, if a person who leaves watan iqama returns there again, he is regarded a musafir if he intends to stay there less than fifteen days.

Watan sukna, which is a place to be stayed less than fifteen days, has no importance. A person is regarded a musafir there. That watan does not change the other two types of watan. A person is regarded a musafir in all of his journeys that will last for less than fifteen days and that have a distance to be regarded a musafir as soon as he leaves the inhabited parts of the town and in the places he goes to. The state of being a musafir goes on until he returns.

If a muqim follows a musafir imam, the musafir imam gives salutations after completing two rakats and the muqim does not give salutations but completes the four rakats. He does not read anything in the third and fourth rakats because he has performed the beginning part with the imam and the fard reading has been fulfilled. (Ibnul-Humam, I, 405; Ibn Abidin, I, 733 et al.; Zaylai, at-Tabyin, I, 215).

Islam Ansiklopedisi

Today a Muslim cannot keep a woman as a female slave from non-Muslim countries referring to the example above because the institution of slavery which was a historical event is not present any more in today’s world.

Women and girls taken captive by the enemy during the war were taken as female slaves. Because they were regarded as the spoils by the law, they were given, by the Islamic State, to ghazis (warriors) who needed a servant. They were bought and sold as if they were commercial goods unless they were set free. After that moment, the female slaves were accepted and treated as a member and part of family. The master who had a female slave could employ her in the daily and personal works of him and if he wished, he could have a sexual relationship with her. Although it seems unusual at first sight, it was accepted normal in the historical conditions of that time. In fact, there is a permission about it in the Quran. In the Surah of Al-Mu’minun the permission is expressed as follows:

“Except from their wives or (the captives and slaves) that their right hands possess, for then, they are free from blame.”10

There are two important advantages of, for the benefit of female slave, that the master sexually has a relationship with his female slave. The first and most important one is that those women whose husbands died at war can be prevented from being neglected. Otherwise, it would be unavoidable that they would prostitute themselves. In this way, she would be dependent on her master’s home.

The other advantage: if she gave birth to a child from her master, she would be called “ummul walad” (the mother of the child). That child from the female slave is considered as free. Her mother becomes free and does not pass to the heirs by inheritance when her master dies. If she did not have the child or if her master did not set her free, like the other goods, the female slave would pass to the heirs by inheritance.

It was not obligatory that the master and female slave should be wife and husband. The master can employ her only as maidservant. If husband of the female slave was among the captives, their marriage will continue; then it is not religiously permissible to have a sexual intercourse with the female slave. Even if their masters are different, the master cannot sexually benefit from that female slave. 6

Along with those matters, Islam encouraged people (masters) to marry the male and female slaves with each other. In the Surah of an-Nur the following is stated:

And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Sâlihûn (pious, fit and capable ones) of your (male) slaves and maid-servants (female slaves). If they be poor, Allah will enrich them out of His Bounty. 7  Thus, slaves can be made equal to some extent. Islam always recommends masters to set slaves free and encourages them to get married with female slaves. In a Hadith, the Messenger of Allah (pbuh) explains the issue as follows:

"He who has a slave-girl and educates and treats her nicely and then manumits and marries her will get a double reward."8

Paying attention to those explanations, one can understand how well Islam has defended the rights of male and female slaves. A female slave was not seen just as a human whose womanhood would be exploited. She, at the same time, was a member and part of the family. She was the most responsible woman at home after her mistress.

A man could liberate his female slave by setting her free; he could also give her to someone as a present. The two female slaves that Muqawqis, the Emperor of Egypt, sent to the Prophet (pbuh) were like that. Those two female slaves had become Muslims by changing their religion on the way to Makkah. As it is known, the Prophet (pbuh) got married to one of those female slaves, Maria. Then she gave birth to Abraham. After Abraham was born, the Prophet set Maria free. Thus, she was in a position that the other wives of the Prophet desired to be in her place. The Prophet married the other female slave called Shirin with his poet, Hassan Bin Sabit.

1. Muslim, Jihad: 24; Ibn Majah, Jihad: 30.
2. Muslim, Itq: 21; Bıı/tnn , Itq: 1.
3. The Surah of an-Nur, 33.
4. Bukhari, Itq: 15.
5. ibid 16.
6. Istılâhat-ı Fıkhiyye Kamusu, 3:402.
7. The Surah of an-Nur, 32.
8. Bukhari, Itk: 15.

Mehmed Paksu

Detailed Answer

Marriage contract is an agreement which is done between a free man and woman (in this respect also those who possess their bodies as well) in order to establish a family and benefit from each other in sexual way and accepting that conditions. The agreement and disposal which provide to possess (to buy or to get with heritage, booty or donation) the bondmaid are a legal transaction.  And this legal transaction provides a right to live like a husband-wife between the owner and bondmaid. And also that way stands for marriage contract and is stronger and more comprehensive than it. (Prof. Dr. Hayrettin Karaman)

Two kinds of marriage are mentioned in the following verses, in the Qur’an: One is about the marriage that solemnized with a free woman, and the other is about a bondmaid.

“They/Believers, guard their modesty. Except with those joined to them in the marriage bond, or (the captives) whom their right hands possess,- for (in their case) they are free from blame.” (The Qur’an, Al-Muminun, 23/5-6).

“If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess.” (The Qur’an, An-Nisaa, 4/3).

- The marriage which is done with a bondmaid is mentioned in the verse as “whom their right hands possess”. That is in another saying called “milku’l yemin” or “akdu’l milk” (the contract which shows the ownership of a bondmaid).

In Islamic jurisprudence, one more important concept concerning with that subject is the concept of “tasarri”. Its meaning is to decide to own a slave maid as a wife and to live with her henceforth. According to the Islamic law, the case of “tasarri” does not occur merely with getting a bondmaid. Except for the agreement of marriage (nikah), all of the conditions must be prepared in accordance with a marriage that solemnized with a normal woman. According to the sect of Hanafi, there are two conditions in order the “tasarri” to be carried out: The first is he must prepare a house for (bondmaid) her like his other wives who are free. And the second is he must have time for her, as he has time for his other free wives. According to Ebu Yusuf, man’s being in a desire of having a child from her (bondmaid) is a condition as well (see al-Badai, 8/344-45-shamile). These two conditions are valid in the sect of Shafii (see Muqni’l Muhtac, 20/316; Nihayetu’l Muhtac, 29/343- shamile).

Why there is no need for a marriage contract with a bondmaid?

Because, the agreement of “milq” is more efficient than a marriage contract. A marriage contract is an advantage contract. But in the agreement of Milq, there is an ownership to a concerned person, so the contract of Milq requires owning that concerned person. And the advantage contract occurs depending on that agreement (see the article called as “Mahmud Hamdi Zakzuk, at-Tasarri”).

-The arbiters on that subject are Islam scholars and fiqh sources. The judgments that the Ummah (the community of Our Prophet Muhammad (pbuh) whom follow Islam) complied with has been in accordance with those sources.

- According to the Islam scholars, in order that a man can be together with a woman is possible only in two ways: The contract of marriage or the contract of Milqul Yemin (keeping the personality of a bondmaid in his hands with a contract) (see Reddu’l Muhtar, 3/163).

Tissue paper can be used instead of cotton/cloth.

The following questions/answers will be useful

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).

• What does having an excuse for wudu mean?

A continuous state that invalidates wudu is called an excuse. For instance, being unable to control one’s urine, passing wind continuously, frequent nose bleeding, pus continuously flowing out of a wound are states that make one excused for wudu.

A person who has something like that preventing him from retaining wudu is called an excused person. 

• What is the condition for being regarded excused for wudu?

A person can be regarded as excused if the state that invalidates wudu continues during the whole time of a prayer; that is, it must not stop even for a short time that is enough to make wudu and perform the prayer. (It is the condition for the state of being excused to start.) After that, it must take place at least once in each time of prayer. (It is the condition for the state of being excused to continue.)

Let us explain it with an example:

If the nose of a person starts to bleed at the beginning time for the noon prayer and if it continues to flow without interruption until the time for the noon prayer ends, the condition for the state of being excused starts for that person. If he experiences at least one bleeding in each prayer time after that, he is regarded to be excused because the state of being excused is repeated in each time of prayer; so, it becomes clear that the excuse continues, which means the realization of the second condition of being excused. 

If the excuse does not appear during the time limits of a prayer, the state of being excused ends. Such a person is not regarded to be excused any more.

• What are the Judgments for those are Excused for Wudu?

Our religion makes it very easy for those who are excused for wudu. Their wudu is not regarded to be invalidated as long as the state that invalidates wudu continues. They perform their prayers in that state. They are not held responsible for cleaning the place again polluted by flows like the blood, pus and urine because they become dirty again immediately after they are cleaned. For instance, a person who cannot control his urine does not have to wash the place polluted by the urine, and the flow of urine does not invalidate his wudu. He can perform his prayers although the urine pollutes his clothes. Our religion makes it so easy for the excused people to be regarded on wudu; however, those people should be very careful about the following issue:

A person who has been determined that he is excused has to make wudu for each prayer time; he can perform with that wudu as many supererogatory or missed prayers as he wants between the time limits of that fard prayer. He can also perform witr and janazah prayers with it.  

The wudu that an excused person makes is valid only between the beginning time and the end of that prayer time. When the time for a prayer ends and the time for the next prayer starts, the wudu of the excused person is invalidated. He has to make wudu again for the new prayer time that starts. For instance, if an excused person makes wudu for the morning prayer, his wudu is valid until the time for the morning prayer ends. When that time ends, that is, when the sun rises, his wudu becomes invalid. He cannot perform any prayers with that wudu. 

Another issue that the excused people should pay attention to is the fact that they cannot lead prayers in front of the people who are not excused. Therefore, it is not appropriate to force the excused people to lead prayers.

Since the wudu that excused people make for the morning prayer becomes invalid when the sun rises, they have to make wudu again for the eid and duha prayers.

The urine, blood, etc that pollute the clothes of an excused person do not invalidate his prayer as long as his excused states continues. The state of menstruation and puerperium for women have different fiqh decrees; the bleedings other than menstruation and puerperium and the continuous bleedings are regarded as excuses. 

According to Imam Shafii, an excused person has to make wudu for each prayer to be performed.

Please click on the link given below;

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

At what age do children need to sleep in separate beds?

The statements of the Prophet (pbuh) determine the principle of this issue. Children are ordered to sleep in separate beds at the age of seven in some hadiths and at ten in other hadiths. 

Abu Rafi said the following hadith, after the name of Allah, was read on a page on the grip of the sword of the Prophet (pbuh) after his death:  

“Make boys and girls, and brothers and sisters of seven years old sleep in separate beds.”1

The following hadith with the same meaning is narrated in Mustadrak:

“When your children become seven years old, separate their beds.”2

In a hadith included in Daraqutni, this age limit is mentioned differently:

“When your children become ten years old, separate their beds.”3

Aliyyul-Qari makes the following explanation when he gives the decree “A boy is sent to a separate bed when he/she becomes seven years old.”:

“That is, he is moved away from the bed of his mother, sister and others. For, this age is the age of noticing the difference of women and others by the boy.”

Imam Nawawi states the following decrees while interpreting these hadiths:

“It is wajib to separate the beds of girls and boys when they get ten years old from their mother, father, sisters and brothers. It is not permissible for a man to sleep in the same bed with another man and a woman with another woman even if each of them sleeps at one end of the bed.”4

The pedagogues of today act more strictly and reduce the age of separating the beds to one year. However, the criteria of the Sunnah is always infallible and most appropriate.

Accordingly, it is necessary to separate the beds of boys and girls who are ten years old and to make them sleep in separate beds. Separating the beds of boys and girls is not enough; it is also necessary separate a girl from another girl and a boy from another boy and make them sleep in separate beds. There are numerous wisdoms and benefits of it.

Separation of the rooms of sisters and brothers is possible based on some conditions. It can bring about some drawbacks if girls sleep in the same room as their older brothers after they reach the age of ten. If the girl is younger than seven years old, she can sleep in the same bed.

Footnotes:

1 Jamul-Fawaid, 1: 139.
2 al-Mustadrak, 1: 201.
3 Sunanud-Daraqutni, 1: 230.
4 Fatawa an-Nawawi, p. 215a; İbranim Canan, Hz. Peygamberin Sünnetinde Terbiye, p. 309.

The Prophet (pbuh) damned the woman who wore and added human hair to their hair. (For instance, see Bukhari, Libas 83, 85; Muslim, Libas 115.) For, it means to distort the creation Allah liked and to deceive people. Both of them are forbidden in Islam.

It is stated that a wig is permissible if it is made of something other than human hair. (Ibn Abidin, VI/373)

If a wig is made of human hair, it is definitely haram. It is haram to sell, to buy and to wear it. For, man is a valuable being. It is haram to sell and use man's hair or any other organ "unless there is an obligation" by making it worthless. The Prophet (pbuh) said,  

"Allah damned the women who add or want to add hair to their hair." (Majmaul-Anhur)

However, if the wig is made of camel hair, nylon or something artificial, it is permissible to wear it. Nothing has been sent down or said about it. For instance, if a person has no hair, does not look good without hair or is disturbed by being bald, it is permissible for him/her to wear an artificial wig. What the hadiths prohibits is to add hair to a woman's hair. However, if it is not human hair, it is permissible. For instance, if a woman has short hair and increases her plaits by adding camel hair, it is not a sin. (Majmaul-Anhur)

This is related to the wig being put under the headdress. However, it is something different for a woman to use a wig as a headdress. For, the order to cover the head for a woman originates from the fact that it will cause mischief due to the attractiveness of her hair. Wig does not decrease this attractiveness in general; on the contrary, it increases it. Therefore, this issue needs to be researched well. That is, it is permissible for a woman to wear a wig made of something other than human hair (like silk, wool and synthetic fiber). However, is it permissible for her to go out wearing a wig but not a headdress? This issue, which does not seem to be permissible to us, must be researched well. (see İslam Fıkhı Ansiklopedisi)

Western customs, which are gradually corrupting our behavior in our daily lives, introduce foreign customs materialistic etiquette rules to our human relations. Against them, it has become a duty to preserve our own customs and traditions that fortify the spirit of national unity and to resist being overwhelmed by the influence of foreign customs.

According to one of the strong and sound customs of us that shape our personality based on the hadith,

“Greeting comes before speaking”,

it is necessary to greet the person we meet first and then to shake hands with them.

In fact, greeting is not only a means of starting a conversation, but also a prayer for our interlocutors. When we greet a friend we meet, it means we pray for him and ask Allah to keep him safe from accidents and misfortunes.

In this way, greeting is also a form of worship, which is never the case in foreign customs.

After that, the handshaking we will make according to our degree of sincerity also has a separate sacred value. As a matter of fact, it is indicated in a hadith that if two Muslims come face to face and shake hands and greet each other, their sins will be washed away like yellow leaves falling from the branches.

In other words, like greeting (salam), handshake (musafaha) is a lofty manner that contains the sanctity of worship.

Our customs like those are not simple habits that we have developed on our own. All of the customs of Muslims are based on religious evidence. We have adopted them and established them in our lives based on such evidence. Therefore, foreign customs and habits that are not based on religious evidence cannot enter our lives and overwhelm and influence us. What is more, if our custom of greeting and handshake is practiced in places where it is not even our custom, we will not allow it, and we will not consent to it being mixed with our custom. As a matter of fact, the custom of handshaking after the prayer in the mosque, which the reader asked about, is like that.

In some neighborhoods, when the congregation is about to get up and disperse, they line up and shake hands with one another inside the mosque. Those who do not line up are condemned and asked why they turn away from the sunnah...

We should state right away that there is no sunnah custom of lining up for shaking hands in the mosque after the prayer. There are decrees that such handshaking is “bid’ah”. In some of Imam Nawawi’s works, it is stated that in his time, this handshaking started after fajr (morning) and asr (afternoon) prayers, and later on it was practiced after all prayers.

The following is stated in the fatwa of “Shamsur-Ramli”: “This is a bid’ah. However, there is no harm in doing it.”

It is understood that this custom, which is continued especially by sufis, is not an original custom but was introduced later. Perhaps it is a matter that should not be dwelt upon. However, it should be kept in mind that in the May 27, 1979 issue of (At-Tarbiyetul-Islam), published in Bagdad, the following decree was made: Majmua’s decree:

“The most virtuous thing is to abandon this greeting inside the mosque, especially for the imams because the congregation considers it obligatory when the imams do it. Ibn Abidin also points out that on some Fridays and Eids it is permissible to do so without making it a custom.”

So, it is sometimes permissible to do provided that it is not made a custom and not insisted upon.

In Islam, not all items of clothing are mentioned one by one; decrees were not made for each garment separately? Since there were, are and will be thousands of kinds of items of clothing, it is not possible. However, there are general rules about clothes in Islam as it is the case for everything. Islamic scholars evaluate the items of clothing that appear based on those rules.   

Accordingly, for a man, it is fard to wear clothes that are enough to cover his body parts that are necessary to be covered and that will protect him from heat and cold. It is mustahab to wear more things than the obligatory amount to beautify his appearance as a Muslim and complete his clothing like izar (something worn around legs), rida (something worn around the upper part of the body) gown, shirt and turban.  For, Allah likes to see the signs of His boons on His servant. (Fetavay-ı Ankaravî, I/167).

The Messenger of Allah (pbuh) stated the following:

"Make your clothes beautiful; keep your things neat and be like white mounds among people."(Suyuti, aI-Jamius-Saghir, I/192)

It is permissible to wear clean and new clothes especially on Friday and eid days in a way that will not disturb the needy. It is makruh to wear red clothes all over, and according to some scholars, also yellow clothes. It is haram to wear clothes for conceitedness and show off and in order to appear beautiful to women, to wear the clothes that resemble those of non-Muslims and clothes woven from pure silk.

The clothes that are so transparent as to show the color of the parts that need to be covered are regarded as non-existent (haram).

It is makruh to wear thick but tight clothes that make the form of parts of the body that need to be covered distinct. The decree about the organs that do not have to be covered like the head and arm is based on the customs of the Muslims of that area. It is makruh to open them in places where it is deemed abnormal by Muslims and permissible to open them in places where it is not deemed abnormal. (Shatibi, al-Muwafaqat).

Accordingly, it is permissible to wear jeans but

1. if they are so tight as to stick the body,

2. and if they are generally disliked by Muslims, it cannot be said that they are not makruh, that is, they are fully permissible. (Allah knows the best.)

If these two drawbacks disappear, that is, if they are not too tight and if they are not condemned in the community where one lives, it is permissible to wear them.

Prayers performed by wearing jeans are valid even if they are tight.

There is no drawback to drawing pictures and caricatures/comics if they are in accordance with general rules of ethics.

If a human figure is drawn in terms of designing clothes, it cannot be said that it is haram and a sin. However, if the human figures that are drawn are used in some places that are not regarded legitimate by Islam and that are regarded as haram and be used as materials for them, it is not possible to say that it is permissible. For instance, if the pictures that are drawn are used in some pornographic internet websites or magazines, it is definitely haram.    

The religions of oneness have been struggling against idolatry since the beginning of humanity. Idolatry is basically based on the deeds of “paying homage, showing respect to pictures and statues and bowing down before them”. Therefore, it is necessary to see that showing respect to pictures and statues has caused an important aberration in the life of faith of humanity throughout history and it should not be forgotten that this wrong belief dragged many people behind it with its various forms like worshipping directly, regarding them as luck and means of asking help; we should understand why drawing pictures and making statues are not respected by religions of oneness.   

It is not possible to say that sculpture and statue making, which exists under the innocence of art today with a new face, has completely got through the mission of reviving or continuing the respect attributed to it throughout history. That is, the reason why a statue is made and exists is generally to express homage or respect. This approach is enough to condemn statues and sculptures in Islam. Therefore, it is difficult to say that Islam tolerates statues and that it is mubah (permissible).

However, there is no need to condemn trinkets, toys, dolls, small figures, pictures with one dimension, and caricatures/comics with one line as statues. For, they do not express homage and respect; they do not meet the religion of oneness on a negative platform.

We do not approve of making and selling sculptures and statues. However, there is no drawback to selling trinkets, small figures, dolls, pictures of one dimension unless they include immoral elements and illegitimate visions. Allah knows the best.

“Spirit, beer etc. that are not made from grape wine cannot be drunk but it cannot be claimed that they prevent prayer when they are spread on the clothes or the body." (Hak Dini Kur’ân Dili, II/763.)

As it is understood from the quote above, the alcohol in perfumes and eau de cologne is not included among the alcohol types that are regarded as dirty by some imams of Hanafi madhhab; therefore, they do not prevent prayer when they are spread on the clothes or the body. They are regarded as dirty according to the other madhhabs like Shafii and Hanbali; therefore, it is necessary to wash the places where they were spread before performing a prayer.

* * *

The Messenger of Allah stated the following:

"Be treated. Allah did not create any illness without a cure. Allah did not create cures in the things that He rendered haram." (Abu Dawud, Tibb 11; Muwatta, Ayn 12)

A Companion called Tariq b. Suwayd asked the Prophet about hamr (wine). He prohibited it. Tariq said,

"But we use it as medication." The Prophet said,

"It is not medication (cure); it is trouble." (Muslim, Ashriba, 12)

According to what Bukhari narrates, Ibn Masud said,

"Allah did not create your medication in the things that He rendered haram." (Bukhari, Ashriba 15) The Messenger of Allah (pbuh) said,

"May Allah not give a person cure who seeks cure in wine!"

In the light of these hadiths, the majority of fiqh scholars concluded that one could not be treated by dirty and haram things including wine and pig products (under normal circumstances). What is meant by normal circumstances is when alternatives are found for medication that includes alcohol, pig products or other dirty substances or when they are not found, there is no vital risk for the patient.

However, when there is no medication to replace the medication that includes alcohol and pig products and if a Muslim specialist (doctor) says the patient will risk his life if he does not take this medication, almost all fiqh scholars accept that such medication can be taken in the minimum amount that is necessary.

The views of Hanafi maddhab regarding alcoholic drinks are various and detailed:

1. Hamr (Wine): It is obtained when wet grape juice is kept as raw, becomes tangy, is fermented and foam forms. This is regarded as sheer impurity. It is haram to use it for any purpose and sell unless it is transformed into vinegar. It cannot be used for things like disinfection, hair care, etc. It cannot be used after it is boiled if it is not transformed into another substance by chemical reaction (istihala). According to the relied view in the madhhab, it cannot be used for treatment, either. The decree does not change when the amount is little or much. 

2. Tila: It is the alcoholic drink that is obtained when wet grape juice is boiled until two-thirds or less of it evaporates and then becomes intoxicant. If it is boiled until less than two-thirds of it evaporates, it is called “baziq”; if it is boiled until half of it evaporates, it is called "muhassaf". These two are unanimously haram. If it is boiled until two-thirds of it evaporates, it is called "muthallath", which is the real “tila”. According to Imam Muhammad, it is haram; according to the others, it is halal. Fatwa is based on the view of Imam Muhammad. Therefore, “tila” is dirty like “hamr”.    

3. Sakar: It is the drink that is made from wet date juice as raw; it becomes tangy and foam forms.

4. Naqi: It is the juice that is obtained from raisin as raw; it boils and foam forms. The last two are haram but according to Sarakhsi, their impurity is light. Besides, all of the three except “hamr” are halal and clean unless they boil and become tangy. (For more detailed information regarding the issue, see Ibn Abidin, VI/448 ff.)

According to Hanafi maddhab, (Abu Hanifa and Abu Yusuf), the beverages except these four liquids are halal and clean; it is permissible to buy and sell them. Accordingly, spirit, eau de cologne and the types of alcohol that are produced through methods and substances other than the ones mentioned above and that are used as solvents in syrups and essences are clean; they can be bought and sold. 

However, an amount of them that can intoxicate is unanimously haram no matter what it is made from; and according to the majority of the fiqh scholars and the view of Imam Muhammad, on which fatwa is based in Hanafi madhhab, if a large amount of anything causes intoxication, a small amount of it is also haram and dirty; it is not permissible to buy and sell it. According to some fiqh scholars, intoxicants are haram but they are not dirty; they can be used in disinfection and externally. 

Therefore, Hanafi madhhab is a saver that can be applied especially for today by being “the middle way” regarding the issue. However, since we cannot ignore the view of the majority of the fiqh scholars and Imam Muhammad, it is necessary to regard the view of Abu Hanifa and Abu Yusuf cautiously and it can be used only in treatment and disinfection temporarily.

These views are valid for liquid beverages. The solid ones like henbane and opium are regarded as legitimate for medication; therefore, they can be used in treatment in amounts that will not intoxicate; it is permissible to sell them since they are clean. (see Ibn Abidin, VI/455.) (Allah knows the best.)

As for hamr (wine), which is unanimously agreed to be haram and dirty, being used in treatment, according to what is reported from a group of imams from Balkh, it depends. If it is certain that it will be useful, it is halal to use it. (Fatawa al-Hindiyya V/254-55; Qasani says the same thing; see 1/61.) For, it is permissible for man to eat a small amount of something haram so as not to die when there is nothing else to eat and for a person who to drink a small amount of alcohol so as not to be choked if he cannot find any halal drink. 

According to Imam Muhammad, the bones of the creatures except humans and pigs can be used in the production of medication in any case. According to some scholars, medication can be produced from the bones of the animals whose flesh is not permissible to eat if they are slaughtered in accordance with the rules of the religion of Islam and if the bones are dry.

Hamr (wine), which is unanimously agreed to be haram and dirty cannot be used in treatment unless there is a necessity; it cannot be used in brightening the hair, in gargling and in injections. (Ibn Abidin, VI / 449)

It is necessary to know the content of the medication that includes haram substances from pigs, etc. If they underwent a chemical reaction, it is not haram to use them since its impurity is removed. If it did not undergo any chemical reaction, it is haram to use it unless there is a necessity or according to some other scholars, unless it is stated by a reliable specialist that it is the definite cure and there is no alternative. 

In our fiqh books, the following phenomena are shown as examples to chemical reactions: pig being transformed into salt by remaining in a salt pan, manure being transformed into soil by remaining in soil, dried dung being transformed into ash by burning, the blood of musk deer being transformed into musk; dirty olive oil being transformed into soap. (see Tahtawi: see also Makhluf, 11/121, 140; Qadihan, IH/403; Ibn Qudama, Mughni, IH/605; Namankani, al-Fathurrahmani, 1/63; al-Khattab, al-Manhal, II/206 Zuhayli, al-Fiqhul-Islami...) However, Abu Yusuf does not regard chemical reaction as a reason for being clean. Nevertheless, fatwa is not based on his view.   

We think we have answered your question to a certain extent with the explanations above. However, it is clear how complex and sensitive the issue is. Therefore, those who take medication should search the issue consciously and those who prescribe medication should act very carefully about finding alternatives to the medication that contain haram substances and that have no alternatives and if there are, using the alternatives and synthetic ones.

We do not know how true it is and how appropriate it is in terms of medicine, but a scholar from Konya told us the following incident: a doctor told the my friend’s mother, who was suffering from a chest disease, to drink beer to heat her chest and that there was no alternative to it. When a Muslim doctor was informed about it, he said diluted pekmez (grape molasses) would be more beneficial than beer. Pekmez turned out to be better. 

(see Faruk BEŞER, Fetvalar, p.181-186)

The debt of the person who dies as a debtor is paid from his wealth until it finishes.

“To Allah belongs the heritage of the heavens and the earth.” (Aal-i Imran, 3/180)

No property is permanent for anyone. The property is something entrusted to us. We will die and our property will be inherited. What is more, its distribution will become a problem. It will be nice if the heirs act based on justice. Otherwise, we will be held responsible for some rights of others. 

Death is a fact and inheritance is halal provided that a fair distribution is made. The Quran itself has determined who is entitled to the property left behind by the deceased.

All of the property left behind by the deceased - money, jeweler, movable property, real estate, property, land, car, whatever - is called “taraka (inheritance)”

1. First of all, the funeral and burial expenses of the deceased person are met from the inheritance.

2. Then the debts, if any, are paid from the inheritance. Debts can be based on written documents or witnesses, or they can be without written documents and involving rights of others. They are searched and paid from the inheritance.

3. Then, if he has bequeathed anything, it is fulfilled.

4. After that, the decrees of inheritance determined by the Quran, the Sunnah and the consensus of the Ummah are applied for the heirs of the deceased person.

If the person who dies as a debtor leaves nothing, there is nothing to be done. Paying the debts of the deceased person is not an obligatory duty for his heirs if they are rich. Even his son does not have to pay his debt. If the heirs or others want, they can pay his debt. If they pay, they will gain thawabs and the deceased will be freed from debt.

The state of the people who become indebted due to others and go to the presence of Allah with that debt is really pitiful.

The things that are founds are called "luqata" in the Islamic law. A person who finds and picks it is called "laqit" and "multaqit".

The main purpose and idea of taking something that is found is to protect the rights of its owner. For, an attempt toward the lost property of a believer is in question here. For, as the Quran puts it, believers help one another.1 This necessitates protecting the rights of a believing Muslim.

Therefore, in the issue of laqita, which is explained in detailed in fiqh books, the person who finds and takes something that is lost picks it and keeps it with the intention of "finding its real owner and giving it to him." Otherwise, he does not take it for himself. These are the decrees mentioned in fiqh books.2

In general, the decree regarding the picking and protecting something that is found changes based on the place and the situation. These decrees are as follows:

1. It is mandub to pick and keep something found that is likely to be destroyed/lost if it is left there with the intention of giving it to the owner.

2. It is wajib to pick and keep something found that is feared to be destroyed/lost.

3. It is haram (forbidden) to pick and use something found that is known to be sought by its owner.3

Lost goods are divided into two parts in fiqh books. The first part is important and valuable ones. The second one is unimportant and worthless ones, which are called "tafih". Tafih is generally described as follows: goods that are not generally sought after by their owners; for instance, an ordinary comb. The following is stated in the book Istılâhât-ı Fıkhiyye Kamusu regarding the issue:

"In some villages, Ears of grain, fruits, shells, hulls, pods, seeds that are left in the countryside, fields, orchards and that are not commonly sought by their owners, are luqata; they are called tafih (lost goods)."4

Therefore, according to some imams, there is no need to declare tafih goods (worth less than one dinar) that are found. Anyone who finds it can use it. If the owner comes and claims it, he has to give it to the owner.

The first thing anyone who finds something valuable to do is to make others witness that you have found such a thing and determine its features in full detail. The necessity of such a determination is deduced from the following hadith of the Messenger of Allah (pbuh):

Ubayy bin Ka'b narrates:

"Once, I found a purse containing one hundred dinars. So I went to the Prophet. He said, "Announce about it for one year" I did so. Nobody claimed it. I went to the Prophet again. He asked me to announce about it for one year again. I went to him for the third time because I could not find its owner. The Messenger of Allah (pbuh) said,  

"Determine the purse, the amount of the money in it and its string tying it very well. If its owner comes, give it to him. If not, use it."5

A person can make others witness about something that is found by saying, "I have found something lost" or "I have something that I have found; if you see someone looking for it, tell him to see me." After that, the issue of declaration is in question. In fiqh books, the announcement period is accepted as a year. During this one year, it is announced at different intervals in streets, markets, mosque doors and places where people are found together for a year.6

If a person who finds an object declares it appropriately and waits for a reasonable time based on its value and if the owner does not come, he distributes it to the poor on behalf of its owner. If he is poor, he can use it himself. However, if its owner comes later, he must pay its price to the owner.

By the way, we should mention the following issue: If a person has entered into a dar al-harb country with permission and finds something that is lost there, the most appropriate thing to do is to announce it there. Four, their goods are haram for him. Ömer Nasuhi Bilmen states that Shafiis hold the same view and reports the following view:

"If a person has entered into a dar al-harb country with permission and there are other Muslims there, it is luqata (lost property)."7

That is, the decrees that are applied for luqata (lost property) are applied for it.

Footnotes:

1. at-Tawba, 9/71.
2. Ö.N. Bilmen, Büyük İslâm İlmihali, p. 452.
3. Istılahat-ı Fıkhiyye Kamusu, VII/244.
4. ibid, VII/242.
5. Bukhari , Luqata: 1.
6. Istılahat-ı Fıkhıyye Kamusu, VII/248.
7. ibid. VII/264.

(Mehmed Paksu, Meseleler ve Çözümleri - 1)

The meat slaughtered by a person who deliberately and intentionally omits bismillah is inedible. Otherwise, it can be eaten if bismillah is not uttered due to forgetfulness or heedlessness. It is also stated that the people who operate the slaughtering equipment in such places say bismillah.

On the other hand, since even the meat slaughtered by Jews and Christians can be eaten, the meat slaughtered by a Muslim is undoubtedly halal and can be eaten.

Something halal does not become haram because of doubt. Our doubt is groundless.

Since our country is a land of Islam, we can eat the slaughtered animals without any doubt.

According to the reliable view, baby puke is regarded as dirty.

Anything that comes out of human body and that necessitates wudu or ghusl like urine, feces, mani, mazi, wadi, blood, pus, yellow liquid, mouthful vomit, menstrual and puerperal blood, blood of istihada (excuse) are najasah ghalizah (strong impurity). It is not permissible to perform prayers with them if they exceed the exempted amount.

If two people, especially one man and one woman are alone in a place, it is called khalwah (seclusion). It lexically means a corner of loneliness. Khalwah is divided into two as sahih and fasid.

Khalwah means two people being alone in a house or a room with a locked door or in a closed place where nobody can see them and nobody can enter if the people inside do not want.

When these conditions are considered, the decree about the elevator is as follows:

Even if the elevator is closed, there is a possibility of stopping on every floorer and it is possible for other people to enter the elevator any time; therefore, khalwah does not occur. 

However, it is possible to remain in a lift for a long time due to a power cut-off or a breakdown; therefore, it is appropriate for a man and a woman to avoid being in an elevator alone.

The criterion in milk kinship is as follows: Only the child who sucks from a woman becomes haram for the children and grandchildren of the woman. However, there are difference views among madhhabs about the time and number of breastfeeding.

All four madhhabs agree unanimously that the occurrence of milk kinship becomes definite with the witnessing of two just men or one man and two women. However, it is controversial whether it becomes definite with the witnessing of one man or four women. According to Hanafis, it is not acceptable. For, Hz. Umar is reported to have said, "The witnessing of fewer than two men is not accepted regarding milk kinship." Consensus occurred regarding the issue since no Companion opposed it.

It will be appropriate to act in accordance with this decree if milk kinship of especially a married couple is claimed.

According to Imam Shafii and Ibn Hanbal, milk kinship becomes definite with the witnessing of four women and according to Imam Malik one man or two women. These madhhabs give importance to the witnessing of women taking into consideration the difficulty of finding male witnesses regarding breastfeeding. (see Ibnul-Humam, III/19; al-Qasani, IV/14; Ibn Qudama, VII/558 ff.; az-Zuhayli, VII/712 ff.)

The witnessing of only one man regarding the issues like virginity, marriage, birth, menstruation, breastfeeding and gynecological diseases, which men cannot generally see and know, is acceptable according to some Hanafi, Maliki, Shafii and Hanbali scholars. (Zuhayli, VI/572; for hadiths regarding the issue, see Haythami)

It is not necessary to get permission for the occurrence of milk kinship. What matters is whether the woman breastfed or not.

Besides, the witnesses need to have the necessary conditions.

An animal that dies on its own is called carrion. Such an animal is not clean; it cannot be eaten. The animals that are choked to death, decapitated, that are hit on the head by a mallet, behind whose ears skewers are jabbed and die like that before they are slaughtered by the throat are regarded as carrion because they have not been slaughtered legitimately by the throat.  

An animal that dies by falling from a high place, by being kicked or butted by an animal, by being hit by a stone or a piece of tree, by being savaged by a wild animal is also regarded as carrion. Therefore, its flesh cannot be eaten.

Accordingly, the flesh of an animal that dies by being hit by a car cannot be eaten. However, if an animal that is essentially halal to eat is hit by a car and is slaughtered by basmala before it dies, it is permissible to eat its flesh according to Abu Hanifa. 

The flesh of an animal that is halal to eat and that is killed by a firearm can be eaten. 

What can be used in hunting?

Hunting is done either by an animal like a trained dog, hawk, leopard, sparrow-hawk and a falcon or by using a wounding or killing weapon, setting a trap, digging a trench, by planting a sharp object like a knife, sword and stake in the ground.

Whether an animal has been trained fully for hunting or not is understood by superiority of understanding or by asking the people who are qualified hunters. For, the period of training for these animals changes based on their state. There is no definite period for it according to Abu Hanifa. According to the other two imams and another narration from Abu Hanifa, the animals with molar tooth are understood to have been trained as follows: when they are released, they run and come immediately after they have been called come.

The animals like a leopard are understood to have been trained as follows: They abandon eating and they come when they are called. For, being predatory and running away by jumping exist in their nature.

It is not permissible to hunt with animals like lions, tigers and bears that are not suitable to be trained for hunting and the animals that are completely dirty like pigs. 

If it is understood that an animal was not trained for hunting enough afterwards, and, for instance, if it is an animal with molar teeth and if it eats from the flesh of the animal it hunts, or, if it is a predatory animal and does not come when it is called, the flesh of the animal that it hunted and will hunt becomes haram to eat. For, it is not permissible to eat the flesh of the animal hunted by an animal that has not been trained fully.

It is permissible to ask artificial intelligence questions for the purpose of acquiring knowledge; however, it is not permissible to act upon its answers as if they were a fatwa.

This is because issuing a fatwa requires knowledge, piety, and responsibility. The Qur’an states:

“Ask the people of knowledge if you do not know.” (See: al-Naḥl 16:43)

And the Messenger of Allah (ṣallallāhu ʿalayhi wa sallam) said:

“Whoever gives a fatwa without knowledge destroys both himself and others.” (al-Bukhārī, ʿIlm, 3)

Artificial intelligence is not a mufti capable of distinguishing truth from error; rather, it is a tool that compiles information from various sources.

However, it may be used beneficially if it is treated as a supplementary resource, limited to and checked against the views of reliable scholars.

The final criterion and responsibility, however, always lie in consulting qualified scholars.

A woman cannot abandon ornaments and jewels due to her nature. She wears some jewels based on her financial situation. Most of the jewels like necklaces, bracelets and rings are worn on the body without necessitating any intervention on the body. However, earrings are different. Although some earrings are attached to the ear directly, the ears are usually pierced for the earrings to be worn.

Is it permissible to have the ears pierced in order to be able to wear earrings? Is such an application on the body appropriate for it?  

According to what is written in Hanafi fiqh books like Raddu'l-Mukhtar and al-Fatawa al-Hindiyya and Shafii fiqh books like Ianatu't-Talibin, it is permissible for a girl or woman to have her ears pierced in order to wear earrings. 1 For, piercing the ears was carried out during the time of the Prophet (pbuh) and it was not forbidden.2

However, some Shafii scholars do not regard it permissible to have the ears of little girls pierced since it will give them pain unnecessarily. However, today this excuse is not valid. It is possible to have ears pierced without any pain today.

An important point regarding the issue is as follows: If a girl has reached the age of puberty, she needs to have her ears pierced by a woman or a mahram man like her brother, uncle, etc. It is not permissible for her to have her ears pierced by a non-mahram man. For, a non-mahram man is not allowed to touch a girl who has reached the age of puberty and to look at her body except her hands and face except for a religiously permissible necessity. It is not possible to mention a necessity regarding this issue, that is, having the ears pierced. 

It is permissible to have the ears pierced by a woman or mahram man. It is also permissible to have more than one piercing in an ear. 

Footnotes:

1. Raddu'l-Mukhtar, V/270; al-Fatawa al-Hindiyy, V/358.
2. Ianatu't-Talibin, IV/175.

(see Mehmed PAKSU, Kadın, Evlilik ve Aile)

The clean water that falls on a dirty place is not regarded as clean since it is dirtied by impurity. However, if the water that splashes on the body or clothes of a person is not more than one-fourth of the clothes or the organ of the body, it is exempted. The prayer performed with it is valid.

As a matter of fact, urine sprinkles as small as pinpoints that splash on the body or the clothes do not prevent prayer - even if they cover the whole body. For, it is difficult to avoid them.

However, it is sunnah to avoid urine sprinkles and splashing all the time. Roads do not become impure when shoes step on them. This is the view of Imam Abu Yusuf and Imam Muhammad. This is also the accepted view.

References:

- Prof. Dr. Wahba Zuhayli, İslam Fıkhı Ansiklopedisi.

- Celal Yıldırım, İslam Fıkhı.

A person who has a ring on which Allah's name or the Prophet's name is written should hide his ring. If the ring is on his left hand, he should remove it since he should use his left hand in the toilet for cleaning. (Ibn Abidin, V/ 317)

Accordingly, if a person has a necklace on which "Allah" is written, he can go to the toilet by covering it or by turning it inside out.

A woman can wear such necklaces and jawshan when she is menstruating. They can also be worn during an intercourse. However, if it is open, it is necessary to cover it.

It is not permissible for a person to commit a sin in order to do a good deed because not to commit sins comes before it. However, it is permissible to make sacrifices that are not sins.

We do not know how long it takes the nicotine taken into the body to leave the body. However, it is not necessary to wait in order to repent of a sin. Therefore, a person who wants to give up smoking should give up at once.   

Besides, there is nothing like waiting for forty days for repentance. It is necessary to repent of a sin as soon as possible and not to commit that sin a gain no matter what that sin is.

On the other hand, it cannot be said that the prayer of a person who commits sins is not accepted. However, the thawab of a prayer said by a person who does not commit sins and that of the one who commits sins might not be the same.

Nevertheless, we cannot know whose prayer will be accepted and which prayer receives more thawabs. It is Allah who knows the intention, sincerity and level of regret of a person. He will reward people accordingly.

The biggest sin and the sin that is not forgiven is denying Allah and associating partners with Him. However, the repentance of a person who is an unbeliever is accepted when he becomes a believer. It is not necessary for a certain time to pass for him to believe.

Accordingly, believers need to repent immediately after committing sins. It is hoped that they will be forgiven. From this point of view, it is necessary to repent immediately after committing a sin and pray Allah.

Before answering your question, we would like to draw your attention to a few issues:

If we try to find an answer to such a comprehensive and relative question with our minds, different interpretations may come from everyone. Our responsibility will be to look for the answer in the Quran, in the Sunnah, that is, in Islam, because the following is stated is stated in the Quran in verse 38 of the chapter of al-Anam:

“...Nothing have we omitted from the Book …”

So, we will look at what the Quran says about mother, father, child, spouse and all other relationships.

The Holy Quran consists of 4 main parts; to sum up:

Tawhid; Existence and unity of Allah and their proofs,

Prophethood, that is, the stories of the prophets; The peace of the tribes obeying these blessed messengers and the destruction of those who rebelled,

Gathering; that is, resurrection and the eternal life in the hereafter, where the results of the test in the world will be found out,

Worship; that is, what we should pay attention to, what we should do and avoid in the world of testing we are in, and all of our duties of servitude.

The first three of these four parts are for warning all humanity. And unconditional belief in them is indispensable. A small deficiency in them can cause the belief to disappear.

The last part, worship, that is, the duties of servitude, is of course addresses believers only, and the deficiencies and faults here constitute our sins.

Islam also evaluates the issue of family relations, which is our subject, within this part of worship.

Therefore, we should view the relationship between parents, children and spouses in a Muslim family accordingly, that is, as our duty of worship and servitude:

Parental relationship; The Quran gives a special place to our parents, who raised us with great sacrifice when we were young, when we were the weakest and most needy. The following is stated in verse 23 of the chapter of al-Isra:

“Thy Lord hath decreed that ye worship none but Him, and that ye be kind to parents. Whether one or both of them attain old age in thy life, say not to them “a word of contempt”, nor repel them, but address them in terms of honor.”

Parents, even if they are unbelievers, must not be obeyed in issues contrary to belief (see al-Ankabut, 29/8), but under all circumstances, their children should carry them on their backs, so to speak, until the last days of their lives.

Some of us may say, “But my father is very grumpy, my mother is like this..., etc…”

At this very point, God Almighty says, “say not to them ‘a word of contempt’”, answering this possibly unfounded reproach.

On the other hand, Islam allocates a share of inheritance to the parents whereas the law system made with the human mind does not allocate a share to the parents, all of the inheritance is left to the children.

The child might be ungrateful, especially the grandchild might be even more ungrateful; the old parents who lost their son or daughter might may be miserable in the world, aside from their sadness. In any case, when they die, everything will be left to their grandchildren. Therefore, when the division of inheritance to be left to parents, children and spouses is explained, Almighty Allah states the following in verse 11 of the chapter of an-Nisa:

“...Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah. and Allah is All-knowing, All-wise.”

Relationship with children is different. Allah gives us such a feeling of mercy and compassion that we are ready to give our lives for them. Everything else in the world becomes of secondary importance.

However, sometimes things may not go as planned. The following is stated in verses 14 and 15 of the chapter of at-Taghabun:

“O ye who believe! Truly, among your wives and your children are (some that are) enemies to yourselves: so beware of them! But if ye forgive and overlook, and cover up (their faults), verily Allah is Oft-Forgiving, Most Merciful.

“Your riches and your children may be but a trial but in the Presence of Allah, is the highest Reward.”

We do not choose our children, parents and all other family members; our opinion is not asked, but we choose our spouses who will be the parents of our possible children; we share everything of our lives with them at once. With indescribable feelings called “love”, our heart surpasses all mental thoughts.

People with weak belief who have not received Islamic education and manners can make many mistakes here. However, the person who follows the Islamic manners and creed acts in accordance with Allah’s will and permission because he knows that, in accordance with the will of the All-Wise Allah and the secret of testing, sometimes we undergo severe tests through both our children and our spouses.

The simplest and only way to overcome these tests is to act in sirat al-mustaqim (the straight path) within the boundaries of Islam, to avoid extremism, and to be tolerant and forgiving.

Being conscious of this and keeping these main principles in mind, it is our duty to make our parents, children and spouses as happy as possible, and to do whatever the interests of our family and circumstances require.

Visible impurity is the impurity like feces and blood, that is seen by the eye and that exists. They are cleaned even once when the impurity is removed.

Invisible impurity is the impurity like urine whose existence is not seen after it dries. It is cleaned when the person washes until he feels that it has become clean. The number of washing is three times for a person who is meticulous. According to Zahirur-Riwayah, it is necessary to wring it each time. For, what removes the impurity is wringing.

Ways of Cleaning: There are various ways of cleaning unclean things based on their properties.

1. To wash with water: Water is the essential cleaner in terms of both cleaning the impurity and being used in wudu and ghusl. Allah states the following:

"He caused rain to descend on you from heaven, to clean you therewith." (al-Anfal; 8/11);

"We send down pure water from the sky." (al-Furqan, 25/48).

The water to be used for cleaning can be water from rain, snow, river, lake, sea, well, spring and places where flood waters accumulate. The Prophet (pbuh) states the following:

"Water is clean. Nothing from outside dirties it unless its taste, color or smell changes." (Bukhari, Wudu', 67)

The Messenger of Allah said to Asma bint Abi Bakr about how to clean the menstrual blood on her clothes, "rub it and pour water over it." (Bukhari, Wudu', 63; Muslim, Taharah 110; Ahmad b. Hanbal, VI/134, 346)

According to the preferred view of Hanafis, real impurities can also be cleaned by liquids other than water like rose water, vinegar, fruit juice and plant juice. Hanafis increase the number of the cleaning liquids other than water up to twenty-one. Other madhhabs have different views on some of them from Hanafis.

However, ghusl and wudu are not made with the liquids other than water. There is unanimity about it. (Ibn Abidin, ibid, I/ 284 ff; az-Zaylai, Tabyinul-Haqaiq, I/60 ff; al-Maydani, al-Lubab, I/24 ff)

The way of cleaning with water:

1. If the impurity is invisible like urine and dog saliva, it is cleaned until one feels that it has become clean. It is three times. The evidence is the following hadiths:

"If a dog drinks from the utensil of anyone of you it is essential to wash it three times." In some other narrations, the phrase "wash it seven times" exists. (Bukhari, Wudu', 33; Muslim, Taharah, 89, 91, 92, 93; Ahmad b. Hanbal, II/314, 427)

"When one of you wakes up, he should wash his hands three times before putting his hands into a receptacle." (Bukhari, Wudu', 26; Malik, Muwatta', Taharah, 9; Ahmad b. Hanbal, II/465)

The order to wash something for seven times when a dog touches it with its mouth in the first years of Islam served to limit keeping dogs at home unless it was necessary.

2. If the impurity is visible like blood and feces, it is cleaned when it is removed. However, if some traces like color and smell that are difficult to remove remain though it is washed, it does not harm prayer. According to the preferred view, it is washed until the water becomes pure.  

As a matter of fact, Hawla bint Yasar said,

"O Messenger of Allah! I have only one dress and I wear it when I menstruate." Hz. Prophet (pbuh) said, "When it ends, wash the place dirtied with blood and perform prayers with it." Hawla said, "O Messenger of Allah! What if some traces remain?" He said, "Water is enough for you; the trace of blood does not harm prayer." (Ahmad b. Hanbal, II/364, 380; ash-Shawkani, Naylul-Awtar, I, 40)

Accordingly, it is necessary to wash the fruits and vegetables that are smeared with impurity until it is removed. They are washed once or three times based on the impurity.

It is haram for a woman to look at the awrah places (the places between the navel and the knees) of another woman. Therefore, it is haram to look at awrah places and the money gained from it is also haram.

It is makruh to greet the people who are not in a position to answer the greeting.

Therefore, it is not appropriate to greet a person who is performing a prayer, reading the Quran, listening to the sermon, studying ilm and eating. Therefore, a person who is doing one of these is not held responsible if he does not answer the greeting.

A person who greets them is not regarded to have committed a sin. Besides, those who are greeted are not held responsible because they cannot answer the greeting due to being busy. They can answer the greeting when their occupation ends. Or, the person who greets them answers his own greeting.

If a woman who gets pregnant unwillingly faces a risk of her life in case of giving birth, she can have an abortion upon the advice of a Muslims specialist (doctor). Abortion is permissible in such obligatory cases.  

If there is a disease that threatens the life of the woman seriously, it is permissible to take measures in order to prevent the formation of the fetus. However, if fetus forms despite taking measures, one should try to have an abortion before forty-two days pass if there is a serious disease. However, when the life of the woman is at risk, it is permissible to have an abortion even if more than forty-two days pass.

(Halil GÜNENÇ, Günümüz Meselelerine Fetvalar, II/326)

Turban and cap are mubah (permissible) things. Everybody is free to wear or not to wear a turban or cap. For, the religion of Islam did not make it compulsory for Muslims to wear a turban or cap unless they wear something that is accepted as a sign of unbelief (like clerical hat worn by priests).

However, it is sunnah to wear a turban while performing prayers. The Messenger of Allah (pbuh) states the following:

"A two-rak'ah prayer performed by wearing a turban is better than seventy rak'ahs performed without a turban."(Taj. I/169)

Therefore, it is more appropriate to give importance to wearing a turban. There is no information about the length of the turban. It depends on the custom. (al-Fatawa al-Kubra, I/169) There is disagreement about whether a cap is regarded as a turban. According to Ibn Hajar, it is not regarded as a turban. According to what is written in the book Bughyatul-Mustarshidin, it is regarded as a turban.

Islam does not introduce a special garment to Muslims and it does not prohibit this or that garment. Therefore, the garments of all Muslims are not the same. Some wear gowns; others wear caftan; there are also Muslims who wear shawls, turbans, trousers (pants), shalwar (baggy trousers) etc. Everybody is free regarding the issue.

However, it is not appropriate to wear eye-catching clothes that are not traditional in a country. According to Shafiis, the witnessing of the people who wear such clothes is not valid. However, it is permissible to wear the clothes that unbelievers wear unless they are strange and eye-catching. The following is reported from al-Mughira bin Shuba:

"The Prophet (pbuh) put on a Byzantine gown with narrow arms."(Bukhari, Muslim)

According to what is understood from this hadith, it is permissible to wear the clothes that unbelievers wear (Mirqatul-Mafatih. IV/416). The coats that we wear today are regarded as gowns. For, there is no difference between the gown mentioned in the hadith and the coats we wear today. 

If a disease cannot be treated through legitimate means, something haram can be used in treatment with the advice of a specialist who is a religious person.

If a Muslim doctor tells a patient to drink blood or urine or to eat some haram meat and tells him that he can be cured only by it and if it is not possible to treat it with halal medication, it can be eaten or drunk based on the advice of the doctor. (Fatawa al-Hindiyya)

(Celal Yıldırım, İslam Fıkhı)