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Wednesday, October 26, 2011

How can zinaa be proven?

 

I know that in the past if someone has
committed adultery, they had to bring 4 witnesses .

My question is can we prove that
today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses.


Praise be to Allaah.

According to Islamic sharee’ah, zinaa can only be
proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who
saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It
cannot be proven by DNA testing or by use of cameras and videos in place of the things
mentioned above. And Allaah knows best.

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They committed zina, then they repented and got married, but she is sure that they will be punished and their children will be deformed

 

I have a friend who got to know a man 6 years ago. Praise be to Allaah, they have got married, but before that they committed zina. My friend deeply regrets what she did, she weeps night and day and offers all the prayers and prays for forgiveness every day. After getting married, they went for ‘Umrah and they intend to do Hajj, but her husband wants children and she is afraid that she will produce a deformed child as a punishment from Allaah. She says that the one who commits zina will be punished in this world and in the Hereafter even if he or she repents. Is this true? Will they go to Hell?.

Praise be to Allaah.
 

 

We praise Allaah for having enabled them to repent, and we
ask Him to reward them and make them steadfast. Undoubtedly the immoral
actions that they committed are causes of Allaah’s punishment in this
world and in the Hereafter, but there is the hope that sincere repentance
from this action, regret for what was done, resolve not to do it again,
and weeping for having sinned against Allaah and violated the sanctity of
the Muslims will all be good for this repentant person and will be the
cause of his or her bad deeds being turned to good deeds. 

This sister’s repentance should not lead her to despair of
the mercy of Allaah, for the Shaytaan will exploit this and will prevent her
from repenting and doing good deeds. 

It is good that she regrets what she did and weeps and
repents and prays for forgiveness, out of recognition of the seriousness of
the sin that she and her husband committed. But it is not good for her to
despair of the mercy of Allaah and think badly of Him, may He be exalted. 

Our Lord has told us that He forgives all sins, no matter how
great they are or how many, if we repent to Him, and He has forbidden us to
despair of His mercy, as He says (interpretation of the meaning): 

“Say: O ‘Ibaadi (My
slaves) who have transgressed against themselves (by committing evil deeds
and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all
sins. Truly, He is Oft‑Forgiving, Most Merciful”

[al-Zumar 39:53] 

And He has told us that He will turn evil deeds to good deeds
for the one who is sincere in his repentance, even if he has committed shirk
and murder and zina, which are the gravest of sins. Allaah says
(interpretation of the meaning): 

“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse --
and whoever does this shall receive the punishment.

69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace;

70. Except those who repent and believe (in Islamic
Monotheism), and do righteous deeds; for those, Allaah will change their
sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”

[al-Furqaan 25:68-70] 

Our Prophet (peace and blessings of Allaah be upon him)
told us that Allaah rejoices over the repentance of His slave and that the
one who repents from sin is like one who did not sin. 

Hence we can see that it is wrong to say that the one who
commits zina will be punished in this world and in the Hereafter even if he
repents. The evidence quoted above proves that this idea is false. Rather
Allaah encourages His slaves to repent and rewards them for it if they do
it; He does not punish them. 

So there is no need to fear having children and no need to be
anxious. 

Ask Allaah for righteous children, and seek the help of your
Lord, and do many good deeds. We ask Allaah to help you to do that which pleases Him. 

And Allaah knows best.

 

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Expiation for committing adultery with a married woman

 

What is the expiation for one who committed adultery with a married woman?.

Praise be to Allaah.
 

 

Zina (adultery) is
nothing but evil. But with a married woman it is a greater sin because
that is a transgression against the husband’s honour. Allaah says
concerning zina (interpretation of the meaning): 

“And come not near to unlawful sex. Verily, it is a
Faahishah (i.e. anything that transgresses its limits: a great sin), and an
evil way (that leads one to hell unless Allaah forgives him)”

[al-Isra’ 17:32] 

The Prophet
(peace and blessings of Allaah be upon him) said: “If a man commits
zina, faith will come out of him until it becomes like a cloud over him, and
when he stops, his faith comes back to him.” Narrated by Abu Dawood, 4690;
al-Tirmidhi, 2625; classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

Ibn Hajar al-Haythami said in al-Zawaajir ‘an Iqtiraaf
al-Kabaa’ir (2/138): Thus it is also known that there are different
categories of zina. If it is done with a non-mahram woman who has no husband
it is a serious matter. It is more serious if it is with a non-mahram woman
who has a husband; it is more serious still if it is with a mahram. The zina
of a previously-married person is worse than zina of a virgin, which is
indicated by the fact that the punishment is different. And the zina of an
old man who is of sound mind is worse than the zina of a young man, and the
zina of a free man or a knowledgeable man is worse than the zina of a slave
or one who is ignorant. End quote. 

The expiation for committing zina with a married woman or any
other is sincere repentance that fulfils all the conditions of repentance.
That involves giving up the sin completely, regretting what one has done and
resolving never to go back to it. Whoever does that has repented to Allaah,
and whoever repents, Allaah will accept his repentance and turn his bad
deeds into good deeds, as Allaah says (interpretation of the meaning): 

“Know they not that Allaah accepts repentance from His
slaves and takes the Sadaqaat (alms, charity), and that Allaah Alone is the
One Who forgives and accepts repentance, Most Merciful?”

[al-Tawbah 9:104] 

“And those who invoke not any other ilaah (god) along with
Allaah, nor kill such person as Allaah has forbidden, except for just cause,
nor commit illegal sexual intercourse
and whoever does this shall receive the punishment.

69. The torment will be doubled to him on the Day of
Resurrection, and he will abide therein in disgrace;

70. Except those who repent and believe (in Islamic
Monotheism), and do righteous deeds; for those, Allaah will change their
sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”

[al-Furqaan 25:68-70] 

Al-Bukhaari (4436) and Muslim (174) narrated from Ibn ‘Abbaas
(may Allaah be pleased with him) that some people from among the mushrikeen
who had killed and killed a great deal, and committed zina and done it a
great deal came to Muhammad (peace and blessings of Allaah be upon him)
and said: “What you are saying and calling us to is good, if only you could
tell us that there is any expiation for what we have done.” Then the words
“And those who invoke not any other ilaah (god) along with Allaah, nor
kill such person as Allaah has forbidden, except for just cause, nor commit
illegal sexual intercourse” [al-Furqaan 25:68] and “Say: O ‘Ibaadi
(My slaves) who have transgressed against themselves (by committing evil
deeds and sins)! Despair not of the Mercy of Allaah” [al-Zumar 39:52]
were revealed. 

Whoever falls into zina must hasten to repent to Allaah and
conceal himself with His concealment, and not disclose what he has done,
because the Prophet (peace and blessings of Allaah be upon him) said:
“Avoid this filthy thing that Allaah has forbidden, and whoever commits any
sin of that nature let him conceal himself with the concealment of Allaah.”
Narrated by al-Bayhaqi and classed as saheeh by al-Albaani in al-Silsilah
al-Saheehah, 663. 

Muslim (2590) narrated
from Abu Hurayrah (may Allaah be pleased with him) that the Prophet
(peace and blessings of Allaah be upon him) said: “Allaah does not cover any
slave in this world but Allaah will also cover him on the Day of
Resurrection.” 

And Allaah knows best.

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Tuesday, October 25, 2011

Ruling on one who kills another in self-defence and dies – does he have to pay blood-money or offer expiation?

 

My father died and he had killed someone in self defence, and the family of the one who was killed had accepted the diyah (blood money). What is the expiation? Please note that he did not fast for two months or free a slave or feed the poor, and he had children. What is required of them?.

Praise be to Allaah.

The Muslim is obliged to defend himself and his family from
any aggressor. He should ward him off with the slightest means, but if the
assailant cannot be warded off except by killing, then it is permissible for
the one who is being attacked to kill him, and he is not subject to
retaliation (qisaas) and he does not have to pay any blood money (diyah) or
offer any expiation (kafaarah), because sharee’ah has given him permission
to kill in this case, and the slain aggressor is threatened with Hell,
whereas the victim of aggression, if he is killed, is a martyr (shaheed) in
sha Allaah. It makes no difference whether the aggressor is a Muslim or a
kaafir. 

It was narrated that Abu Hurayrah (may Allaah be pleased with
him) said: A man came to the Messenger of Allaah (peace and blessings
of Allaah be upon him) and said: O Messenger of Allaah, what do you think if
a man comes wanting to take my property? He said: “Do not give him your
property.”  He said: What if he fights me? He said: “Fight him.” He said:
What if he kills me? He said: “Then you will be a martyr.” He said: What if
I kill him? He said: “He will be in Hell.” Narrated by Muslim (140). 

It was narrated that Sa’eed ibn Zayd (may Allaah be pleased
with him) said: The Messenger of Allaah (peace and blessings of Allaah
be upon him) said: “The one who is killed defending his wealth is a martyr,
the one who is killed defending his family is a martyr, the one who is
killed defending his religion is a martyr, and the one who is killed
defending his life is a martyr.” Narrated by al-Tirmidhi (1421), al-Nasaa’i
(4095), Abu Dawood (4772); classed as saheeh by al-Albaani in Irwa’
al-Ghaleel (708). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: 

The Sunnah and scholarly consensus are agreed that if a
Muslim assailant cannot be warded off except by killing him, then he may be
killed, even if the wealth that he wants to take is a small amount, as the
Prophet (peace and blessings of Allaah be upon him) said in the saheeh
hadeeth: “The one who is killed defending his wealth is a martyr, the one
who is killed defending his life is a martyr, and the one who is killed
defending his womenfolk is a martyr…” Fighting off an assailant is
established in the Sunnah and by scholarly consensus. End quote. 

Majmoo’ al-Fataawa (28/540,
541). 

In al-Rawd al-Murabbi’ (p. 677) it says: 

If a person or one of his womenfolk, such as his mother,
daughter, sister or wife, is attacked, or his property, whether a slave or
an animal, is attacked, then he has the right to defend that by the least
means that he thinks will ward off the attack. If he is able to ward it off
with the least means then it is haraam for him to do more than that because
there is no need for it. 

If he cannot ward off the attacker except by killing him,
then he may do that, i.e., kill the assailant, and he is not liable for
that, because he killed him to ward off his evil. End quote. 

Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

The one who is attacked by someone who wants to kill him or
attack his womenfolk such as his mother, daughter, sister or wife and
violate their honour, or is attacked by someone who wants to take or destroy
his property, has the right to defend himself against that, whether the
attacker is a human or an animal. He should ward it off with the least that
he thinks most likely will be able to ward it off, because if he is not
allowed to defend himself that will lead to destruction and harm against
himself or his womenfolk or his wealth, and because if he did not do that,
people would overpower one another. If he cannot ward off the assailant
except by killing him, then he has the right to do that, and he is not
liable, because he killed him in order to ward off his evil. If the victim
is killed then he is a martyr because the Prophet (peace and blessings
of Allaah be upon him) said: “If a person’s wealth is sought unlawfully and
he fights and is killed, then he is a martyr.” Narrated by Muslim and others
from Abu Hurayrah (may Allaah be pleased with him). And he said:  A man came
and said: O Messenger of Allaah, what do you think if a man comes wanting to
take my property? … and he narrated the hadeeth quoted above. 

Al-Mulakhkhas al-Fiqhi (2/443). 

The person who is attacked should not hasten to kill the
assailant until after he has exhausted other means of warding him off, such
as reminding him of Allaah, scaring him and threatening him, seeking help
from other people, or seeking the help of the police. But he may hasten to
kill him if he fears that the aggressor is about to kill him. 

It was narrated from Qaboos ibn Mukhaariq that his father
said: A man came to the Messenger of Allaah (peace and blessings of
Allaah be upon him) and said: What if a man comes to me wanting to take my
wealth? He said: “Remind him of Allaah.” He said: What is he pays no heed?
He said: “Seek help against him from those who are around you of the
Muslims.” He said: What if there are no Muslims around me? He said: “Then
seek help against him from the ruler.” He said: What if the ruler is faraway
from me? He said: Then fight him to defend your wealth, until you become one
of the martyrs in the Hereafter or you protect your wealth.” Narrated by
al-Nasaa’i (4081) and classed as saheeh by al-Albaani in Saheeh
al-Nasaa’i. 

Secondly: 

This applies if it is proven that he killed him in
self-defence with evidence such as the testimony of witnesses, or if the
heirs of the slain person believe that he killed him in self-defence, or if
there is strong circumstantial evidence to indicate that, such as if the
slain person was known for evil and corruption, and he threatened to kill
him – for example – in front of other people and so on. 

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him)
said: 

If this person admits to killing him and claims that he did
it in self-defence but the heir of the slain person does not believe him,
then qisaas (retaliation) must be carried out. It says in al-Insaaf:
this is our view, and the view of our companions. But if the slain person
was known for aggression and evildoing, and there is circumstantial evidence
that points to what the killer is saying, then it says in al-Insaaf:
it says in al-Furoo’: No qisaas is required if he is known for
evildoing. I say: This is the correct view, and circumstantial evidence
should be taken into account. End quote. 

Majmoo’ Fataawa Ibn Ibraaheem
(11/255, 256) 

Based on that, if your father killed this man in
self-defence, then he does not have to do anything, whether that is offering
expiation or paying blood money. 

And Allaah knows best.

 

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Why is it permissible to take pictures of trees and rocks even though they are the creation of Allaah?

 

I am wondering why it is possible to take pictures of buildings and other things, which are not moving. As Allah (SWT) says: 'Who does more wrong than the one, who tries to create something like my creation? Let him create a grain of wheat or a kernel of corn'. Why Allah gives an example of unmoving things? Why not birds, or people? I'm afraid may be it means that we can not even take a picture of unanimated things also?


Praise be to Allaah and blessings and peace
be upon the Messenger of Allaah.

The majority of scholars say that it is
permissible to make pictures of inanimate objects such as trees, buildings,
etc, and they quote several texts as evidence for that, including the
following:

The report narrated by al-Bukhaari (5963)
and Muslim (2110) from Ibn ‘Abbaas (may Allaah be pleased with him), who
said: “I heard the Messenger of Allaah (peace and blessings of Allaah
be upon him) say, ‘Whoever makes an image in this world will be told to
breathe life into it in the Day of Resurrection, and he will not be able to
do so.’” The prohibition mentioned in this hadeeth has to do with animate
objects. What confirms this interpretation is that Ibn ‘Abbaas (may Allaah
be pleased with him), who was the narrator of this hadeeth, issued a fatwa
permitting the drawing of trees and inanimate objects, as was narrated in
Saheeh al-Bukhaari (2225) and Saheeh Muslim (2110) from Sa’eed
ibn Abi’l-Hasan, who said: “I was with Ibn ‘Abbaas (may Allaah be pleased
with him) when a man came to him and said, ‘O Ibn ‘Abbaas, I am a man who
earns a living by the work of my hands, and I make these pictures (or
images).’ Ibn ‘Abbaas said: ‘I will only tell you what I heard the Messenger
of Allaah (peace and blessings of Allaah be upon him) say, and I heard
him say, “Whoever makes an image in this world will be punished until he
breathes life into it, and he will never be able to do so.’’ The man became
very upset and his face turned pale. He – meaning Ibn ‘Abbaas – said, ‘Woe
to you! If you insist on making them (images), then you can make images of
these trees and everything that does not have a soul.’”

In Saheeh al-Bukhaari (5181) and
Saheeh Muslim (2108) it is narrated that ‘Aa’ishah, the wife of the
Prophet (peace and blessings of Allaah be upon him) said: “The
Messenger of Allaah (peace and blessings of Allaah be upon him) said:
‘The makers of these images will be punished on the Day of Resurrection and
it will be said to them: ‘Bring to life that which you have created!’” and
he said that the angels will not enter a house in which there are images.

This hadeeth indicates that the punishment
has to do with images of animate beings, because the Prophet (peace and
blessings of Allaah be upon him) said that they will be told, “Bring to life
that which you have created!”

With regard to the words of the Prophet
(peace and blessings of Allaah be upon him), “Let them create a grain of
wheat or a grain of barley,” what is meant by that is to show that they are
incapable of doing so, because no matter what humans make that may resemble
these grains or plants in shape, they can never instill in them the
characteristics of these plants, so they cannot be planted and will never
grow, and so on. If humans are unable to create a single grain with some of
the characteristics that Allaah has created in it, then they are incapable
of breathing life into the images and statues that they make. Hence it
becomes clear that what is meant by the hadeeth is not that which may first
spring to mind, that making images of grains and trees and inanimate objects
is haraam, rather what is meant is to show that man is incapable as we have
mentioned above. And Allaah knows best.

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Can we rely on tracking (qiyaafah) to find criminals?

 

There is a man who practices qiyaafah (tracking and looking for places and clues). Just by looking at tracks on the ground he can describe the one who left the tracks in great detail; he can determine the gender, build and tribe, and in most cases he gets it right. They are of great use in finding criminals. What is your ruling and the ruling on seeking their help?.

Praise be to Allaah.

In Arabic, al-qaa’if (the tracker) refers to the one who
follows tracks and recognises them, and he recognises similarities between a
man and his brother and father. The shar’i terminology does not differ from
the linguistic meaning that has to do with following tracks and recognising
similarities. See: al-Mawsoo’ah al-Fiqhiyyah (34/92). 

Qiyaafah or following tracks is something that is well known,
and some tribes are famous for it, such as Banu Madlaj in the past and the
al-Murrah tribe today. 

Getting it right depends on instinct, intuition and
experience. Hence the tracker may mention very precise matters and get them
right. 

Shaykh Muhammad ibn Ibraaheem Aal al-Shaykh (may Allaah have
mercy on him) said: Tracking is not limited to Banu Murrah and Banu Madlaj.
Banu Madlaj were famous in the Hijaz and those who are famous for it now are
the people of Murrah, who are not from Banu Madlaj, but they are famous for
that and seem to be becoming more so. But experience in tracking is to be
found in others, both city dwellers and desert dwellers. Among city dwellers
are people who are known for it. Those who are most famous are the people of
Murrah, as stated above, who have great skill in that field as is well
known. Some of them confirmed concise details which have been proven to be
true. But some of them are skilled in finding out thieves, and not
everything they say is based on the skill of tracking. Just as they base
their skill on tracking, their skill also involves intuition; if a person
shows some fear, they persist in putting pressure on him until he admits
it. 

Finding things out has to do with tracking, but it should not
be used in disputes having to do with proving lineage, because that is
something else. But if there is a need to look at their footprints on the
ground, that is fine, but similarities in the face and so on are more
accurate than anything else. 

The second matter [the first is using tracking to prove
lineage] is: that which has to do with finding out the offender in the case
of theft or murder or accusation. This is based on examination and skill,
and is based on smartness, because many of these cases are examined not on
the basis of tracking but rather by means of skill and experience, and they
may get confused at times but this occasional confusion should not lead us
to disregard what they say, because regular evidence may lead to wrong
conclusions. The tracker should be of sound character as is required in the
case of the witness, judge and ruler. Experience is essential. End quote
from Fataawa al-Shaykh Muhammad ibn Ibraaheem (9/31). 

With regard to relying on them, the fuqaha’ have said that
trackers may be relied on with regard to proving unknown lineage, such as a
child who results from a marriage that was not done properly, or a
foundling, and so on. 

They differed concerning relying on their views to determine
the identity of the criminal or thief. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
The opinion of the tracker with regard to lineage carries weight, but does
the opinion of the tracker carry weight with regard to wealth? - in the
sense that if the tracker sees the footprints of the thief and says, This is
So and so the son of So and so, is that to be relied upon or do we say that
this is circumstantial and that the man has to be brought and questioned,
and if he admits it (then he is to be punished), otherwise he is to be
declared innocent? There is a difference of opinion among the scholars
concerning this. Some of them say that if the tracker is known for accuracy,
based on his track record, then his opinion is to be accepted, and as we
have mentioned, these trackers may offer testimony that this is the foot of
So and so, and they have no doubt concerning that, so it is circumstantial
evidence. In the case of Dawood and Sulaymaan (peace be upon him) it says
(interpretation of the meaning):

“And (remember) Dawood (David) and Sulaymaan (Solomon),
when they gave judgement in the case of the field in which the sheep of
certain people had pastured at night; and We were witness to their
judgement.

79. And We made Sulaymaan (Solomon) to understand (the
case)”

[al-Anbiya’ 21:78, 79]. 

From the effects he found out the one who caused the effect.
End quote from al-Sharh al-Mumti’ (10/399). 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
was of the view that the opinion of the tracker carries weight in business
transactions and criminal offences. He mentioned as an example of that one
who claims that he has lost some of his wealth and proves that, then the
tracker follows the footprints from one place to another. The testimony of
the tracker that the wealth entered this place implies one of two things:
either to base the ruling on that or to base the ruling on that if the
claimant swears an oath, which is more likely to be correct, because these
signs make the claim stronger, and swearing an oath is prescribed for the
one whose case is stronger. See: al-Fataawa al-Kubra (5/508). 

In all these cases, whether tracking is to be relied on is
something to be decided by the judge and what he sees fit, and depends on
fulfilment of the conditions of good character and experience with regard to
the tracker; it also depends on there being no evidence that is contrary to
what the tracker is saying. 

And Allaah knows best.

From learning Quran online Blog 

To all Muslim we should listen to Quran  and try to  learn Quran online  with translation  to understand the holy scripture and it is must for us to read Quran online, and availing the knowledge through learning Arabic Quran this is the main deauty that we have to promote and learn holy quran so that the true words of Allah should be spread we should  try  to learn quran tafseer the translation as well so we could explain and understand that what ever te quran tutor teaches more articles can be found under learning Quran online Blog a recourse full collection of hadith bukhari shrif and a read  Quran online or you can listen holy Quran recitation for top quran reciters and you can find Quran for kids and quran teaching staff online to learn quran from where ever you want to learn the teaching of Koran and they provide tajweed quran lessons and Quran memorization classes well plz link to it and share it to promote the teachings of islam

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Daily Hadith:Good Manners - 16th Dhul Qa'dah 1432 (14th October 2011) read quran

Daily Hadith:Good Manners - 16th Dhul Qa'dah 1432 (14th October 2011)

Bismillah Walhamdulillah Was Salaatu Was Salaam 'ala Rasulillah

As-Salaam Alaikum Wa-Rahmatullahi Wa-Barakatuhu

Good Manners - 16th Dhul Qa'dah 1432 (14th October 2011)

Narrated Abu Huraira (Radi-Allahu 'anhu):

Allah's Apostle (Sallallahu 'Alaihi Wa Sallam) said, "The signs of a
hypocrite are three: Whenever he speaks, he tells a lie; and whenever he
promises, he breaks his promise; and whenever he is entrusted, he betrays
(proves to be dishonest)".

Bukhari Vol. 8 : No. 117

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