Clerics rule besieged Damascus residents may eat dogs

Clerics rule besieged Damascus residents may eat dogs-BBC

By Sebastian UsherBBC News

Thousands of people were evacuated from the suburb of Muadhamiya on Sunday

Syria conflict
'Please let it be over'
Arms destruction
Syria's chemical stockpile
UN report analysis

A group of Syrian clerics have issued a ruling - or fatwa - allowing people living in besieged suburbs of Damascus to eat meat that is normally forbidden.

In a video, the Muslim clerics said people could eat cats, dogs and donkeys to stave off hunger.

The fatwa comes amid reports of starvation in the besieged, rebel-held Damascus suburb of Muadhamiya.

Aid agencies have urged the government to allow humanitarian supplies to the area, where many residents are trapped.

Hundreds of civilians, some carried on stretchers, were able to flee Muadhamiya at the weekend following a temporary ceasefire.

'Absurd situation'

In a message to coincide with the Muslim holiday of Eid al-Adha - normally a time for celebration and feasting - the religious leaders authorised those left in the Ghouta agricultural belt around Damascus to eat animals usually considered unfit for human consumption in Islam.

The clerics said it was a cry for help to the whole world, adding that if the situation continued to deteriorate, the living would have to eat the dead.

It is not the first such fatwa issued in the Syrian conflict.

Similar religious edicts were announced in Homs and Aleppo when the fighting in those cities was at its fiercest.

Aid agencies have said that providing food and aid to areas under attack should be as much a priority as the programme to dismantle Syria's chemical weapons arsenal.

The general director of Medecins Sans Frontieres (MSF), Christopher Stokes, has described it as an "absurd" situation when chemical weapons inspectors are able to drive freely through areas in desperate need while aid convoys are blocked.

Hundreds of people were killed on 21 August when rockets filled with the nerve agent were fired at the suburbs of Zamalka, Ein Tarma and Muadhamiya. The inspectors did not establish who was responsible, but the government and rebels have blamed each other.




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Somali Islamic scholars denounce al-Shabab in fatwa

Somali Islamic scholars denounce al-Shabab in fatwa-bbc

The government organised the religious conference to tackle extremism

Somalia: Failed State
Islamist purge
Lighting up Somalia
Struggle for unity
In pictures: Camp life

Some 160 Somali religious scholars have issued a fatwa denouncing al-Shabab, saying the group had no place in Islam.

Correspondents say it is the first time Somali religious leaders have come up with a fatwa against the group, which controls many rural areas.

At a conference on the phenomenon of extremism in Mogadishu, the scholars said they condemned al-Shabab's use of violence.

Al-Shabab, or "The Youth", is fighting to create an Islamic state in Somalia.

Despite being pushed out of key cities in the past two years, it still remains in control of smaller towns and large swathes of the countryside.

The announcement comes as residents of central Somalia say al-Shabab executed a young man in the town of Bula Burte and performed a double amputation on another in front of a crowd of several hundred people.

'Wrong path'

Analysis
Mary HarperBBC Somalia analyst

The issuing of the fatwa is a bold move, and a powerful one.

The religious scholars, especially those based in Somalia, have placed themselves at considerable personal risk. Al-Shabab does not hesitate to kill those it perceives as enemies.

The Somali government, which organised the conference, will be pleased it received an endorsement from the scholars, as they are widely respected.

But people are unlikely to pay much attention to the fatwa, especially the ban on joining al-Shabab. Alternatives need to be found, especially for the young men who serve as cannon fodder for the group.

The launch of a new campaign to get a million more Somali children into school might help, although schools themselves have ended up being used as recruitment centres by al-Shabab.

One of the aims of the conference was to issue Islamic opinion on whether the group had legitimacy or not, with the final fatwa concluding that it is not an Islamic movement, Sheikh Hassan Jaamai told the BBC.

"It's like a gang that comes together to kill Somalis... without any legitimate reason or justification," added the Islamic scholar, who flew over from the US to take part in the conference.

"The only thing they want is to create chaos in the country so that they can survive, " said another participant from the Gulf, Sheikh Abdikani, referring to bomb attacks on a restaurant in central Mogadishu that killed 15 people on the opening day of the meeting.

Al-Shabab said it carried out the attacks.

Somali President Hassan Sheikh Mohamud opened the government-organised conference that drew Somali scholars, elders and imams from both within the country and abroad.

At the end of the four-day conference, the seven points of the religious edict were read out by Islamic scholar Sheikh Abdirizak Ahmed Mohamud:

• "Al-Shabab has strayed from the correct path of Islam, leading the Somali people onto the wrong path. The ideology they are spreading is a danger to the Islamic religion and the existence of the Somali society.

• "The Somali government is an Islamic administration; it is forbidden to fight against it or regard its members as infidels.


• "Al-Shabab, an extremist group, must atone to God and must cease its erroneous ideology and criminal actions.

• "It is forbidden to join, sympathise or give any kind of support to al-Shabab.

• "It is a religious duty to refuse shelter to al-Shabab members, who must be handed over to Somali institutions responsible for security.

• "It is a taboo to negotiate on behalf of al-Shabab members in custody or release them from jail.

• "Somali officials have a religious duty to protect the Somali people from the atrocities of al-Shabab. The Somali public also has an obligation to assist the government in its security operations against al-Shabab."

Nairobi-based Somali analyst Mohamed Abdullahi told the BBC's Newsday programme that the fatwa, issued by so many prominent scholars, is likely to sway opinions on the ground, but is unlikely to change the path of those in the group's top leadership.

"The fatwa includes a security element of community policing against al-Shabab," he said.

But it should be coupled with other efforts to win the hearts and minds of people on the ground, he added.

"There must be another parallel programme to ensure that those young men who joined for economic reasons, for instance, are provided with employment or opportunities as well as convincing those who are really not extremist in ideology."

Last week, al-Shabab's Twitter account was suspended for a second time after claiming on its feed that it had ambushed the convoy of the president, who was unhurt.

It has since set up a new account.

President Mohamud took office a year ago in a UN-backed bid to end two decades of violence, with clan-based warlords, Islamist militants and its neighbours all battling for control of the country.


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She used to do the secret habit and did not do ghusl but she fasted and prayed

She used to do the secret habit and did not do ghusl but she fasted and prayed

She used to do the secret habit and did not do ghusl but she fasted and prayed

I hope that you can advise me about my situation that I have researched a great deal but I have not found any answer and I am living in a state of constant anxiety. I hope that you can advise me.
When I was young, I did the secret habit (masturbation) from the age of 12 and I did not know what it meant or even what it was. At the age of 14 I found out that it was that bad secret habit, but I did not know the ruling on it; I only knew that it was serious and that it causes diseases. At that age I did not pray, but I used to fast without praying.
At the age of 15, I began to pray and fast and I stopped listening to music, but I still did the secret habit and did not know the ruling on it; if I did it I did not do ghusl and I used to pray and fast after that. I did it twice during the day in Ramadan, I am not sure.
At the age of 18, I read in a book that it is haraam and that ghusl is required after it, but I could not repent from it and I carried on doing it even after getting married. But now I have repented sincerely to Allah and I am 27 years old.
My question is: what is the ruling on what I did and what should I do?
What is the ruling on my fasting and prayers when I used to do it and did not do ghusl, then I would pray? What is the ruling on my fast and what is the expiation for what I did? What is the ruling on the two days on which I did this habit in the day in Ramadan and what is the expiation?.

Praise be to Allaah.

Firstly: 

Masturbation, or what is called the secret habit, is haraam because of the evidence which has been explained in the answer to question number 329. If climax is reached as a result, it is obligatory to do ghusl (full ablution). 

There is no particular expiation for masturbation, but it is obligatory to repent from it, by giving it up, regretting having done it and resolving not to go back to it. 

Secondly: 

If doing the secret habit is accompanied by climax, then this invalidates the fast and prayer is not valid unless you do ghusl. 

If it was not accompanied by climax, then your prayer and fasting are valid. 

Thirdly: 

If a person masturbates and is ignorant of the ruling that it is obligatory to do ghusl afterwards and that it invalidates the fast, does he have to make up the prayer and the fast? There is a difference of opinion among the fuqaha' concerning that, but the majority are of the view that it is obligatory to make them up. Some scholars are of the view that it is not obligatory. See the answer to question number 50017. 

In order to be on the safe side, you should make up the fast of those two days, if climax was reached. 

With regard to prayer, you should do a lot of naafil prayers and righteous deeds, but we do not think that you are obliged to make them up. 

Fourthly: 

You should know that there are signs of reaching puberty and that a girl may reach puberty before the age of 15, if she starts to menstruate or if any of the other signs of puberty appear. For more information on that, please see the answer to question number 20475 and 21246. 

What happened to you emphasises the importance of seeking Islamic knowledge, which is something that is easy to do nowadays, praise be to Allah. 

We ask Allah to guide us and you and make us steadfast. 

And Allah knows best.

Islam Q&A

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Fatwa No : 127237 He had intercourse with his wife thinking that it is the day of ‘Eed and then found out that it is still Ramadan

Fatwa No : 127237

He had intercourse with his wife thinking that it is the day of ‘Eed and then found out that it is still Ramadan

Fatwa Date : Sha'baan 15, 1434 / 24-6-2013

Question

In Qatar, we are used to breaking our fast after Ramadan with Saudi Arabia. However, there was one year in which Saudi Arabia declared ‘Eed and I thought that Qatar would also declare it and it is simply a matter of time. I slept without making the intention to fast, woke up at dawn and had intercourse with my wife. Then, I discovered that the people of Qatar considered it a day of Ramadan and they fasted. Should I offer expiation?

Answer

All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad , is His slave and messenger.

You should have made sure whether this day was ‘Eed or not. Since what happened has happened, you should make up for this day and you are not obliged to offer any expiation because you did not intend to violate the sanctity of the month. Expiation is obligatory upon whoever does so intentionally.

Whoever does this by mistake is not required to offer any expiation as Allaah The Almighty Says (what means): {Our Lord, do not impose blame upon us if we have forgotten or erred.} [Quran 2:286]

Allaah The Exalted also Says (what means): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended.} [Quran 33:5]

Allaah Knows best.

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SACRED NIGHTS

SERENITY FOUNTAIN

(HUZUR PINARI)

23 June 2013 / 14 Sha'ban 1434

SACRED NIGHTS

Sacred nights are esteemed by Islam. Having great mercy upon His slaves, Allahu ta'ala has made some nights valuable and has declared that He will accept the prayers and istighfars [1] done on these nights. He has made these nights opportunities for His slaves to worship much, to pray and ask for forgiveness. A sacred night is named after the day following it. It is the duration of time from the early afternoon prayer of the preceding daytime till the dawn following the night. Only, the night of Arafa and the three nights of Qurban are not so. These four nights follow the daytime after which they are named. We must benefit from these nights, perform our omitted prayers of namaz, read the Qur'an, say prayers and istighfar, give alms, please Muslims and send the thawab [2] to the souls of the dead, too. We must respect these nights. To respect them means not to commit sins during them.

It is written on the hundred and seventy-second page of the book Riyad-un-nasikhin, "Imam-i Nawawi says in his book Azkar, 'To utilize one-twelfth of the night [about one hour] means to utilize the whole night. This is the case for summer and winter nights alike. ' It is written in Haqayiq-i manzuma, 'In books of fiqh [3], an hour means an amount of time. ' Imam-i Nawawi is a mujtahid [4] in the Shafi'i Madhhab [5]. It is good also for those who are Hanafi to benefit from the nights in this manner."

1- QADR NIGHT: Qadr night is a night in the blessed month of Ramadan. Imam-i Shafi'i noted that it was most probably the seventeenth night, while Imam-i a'zam Abu Hanifa said that the most probable night was the twenty-seventh. We have been told to look for it between the twentieth and the thirtieth nights. It is the most valuable night praised in the Qur'an. The Qur'an began to be revealed to Rasulullah on this night.

2- NIGHT OF 'IYD OF FITR: Night of 'iyd [6] of Fitr is the night between the last day of the blessed month of Ramadan and the first day of the 'Iyd.

3- ARAFA NIGHT: Arafa night is the night between the Arafa day and the first day of the 'Iyd of Qurban (sacrifice). It is the night between the ninth and the tenth days of the month of Zil-hijja.

4- NIGHTS OF QURBAN: Nights of qurban are the nights following the first, second and third days of the 'Iyd of Qurban. These three days are called Ayyam-i nahr.

5- MAWLID NIGHT: Mawlid night is the night between the eleventh and twelfth days of the month of Rabi'ulawwal. It is the birth night of Hadrat [7] Muhammad Mustafa 'alaihissalam', who was sent as the Prophet for people all over the world and who is the last and the highest of all prophets.

6- BARAT NIGHT: Barat night is the fifteenth night of the month of Sha'ban. That is, it is the night between its fourteenth and fifteenth days.

7- MI'RAJ NIGHT: Mi'raj night is the twenty-seventh night of the month of Rajab. Mi'raj means ladder. It is the night on which Rasulullah was made to ascend to heavens and was taken to unknown places.

8- THE NIGHT OF RAGHAIB: First Friday night (i.e. the night between thursdayand friday.) of the month of Rajab is called Night of Raghaib.

9- MUHARRAM NIGHT: The first night (i.e. the night previous to muharrem 1,) of the month of Muharram is the Muslim's new year's night. Muharram is the first month of the Islamic year.

10- ASHURA NIGHT: Ashura night is the tenth night of Muharram. That is, it is the night between the ninth and tenth days. !

GLOSSARY

[1] istighfar: prayer for repentance; prescribed prayer recited in order to entreat Allahu ta'ala for forgiveness.

[2] thawab: Muslims will be rewarded in the Hereafter for all their pious actions which they have done in the world. The rewards which Muslims will be given in the Hereafter are called thawab. The word is used as an adjective as well as a noun. For example, when we say that an action is very thawab we mean that Allahu ta'ala will give many rewards for the action. Rewards which Muslims will be given in the Hereafter.

[3] fiqh: knowledge dealing with what Muslims should do and should not do; actions, a'mal, 'ibadat.

[4] mujtahid: great 'alim capable of employing ijtihad; mujtahid imam, mujtahid mufti.

[5] madhhab: all of what a profound 'alim of (especially) Fiqh (usually one of the four-Hanafi, Shafi'i, Maliki, Hanbali) or iman (one of the two, namely Ash-ari, Maturidi) communicated.

[6] iyd: one of the two Islamic festivals.

[7] Hadrat: title of respect used before the names of great people like and Islamic scholars.


One who does not learn a lesson from the greying of his hair will accept no advice.

Abdulaziz bin Abu Rawwad "rahmatullahi alaih"

'One should carefully choose whom to love, and share the love accordingly'

'What is important is whom you are with, not who you are.' 

Engagement does not require the presence of the woman's guardian...When

Engagement does not require the presence of the woman's guardian

Fatwa Date : Rajab 12, 1434 / 22-5-2013

Question

Salam Alaikom, My daughter and I are traveling to Egypt soon where she will be engaged. Her father will not be present as we are divorced and he also is not Muslim and cannot leave the U.S. I am muslim alhamdulilah and my daughter is also muslim alhamdulilah. Is it permissable for me to accept this engagement without her father being present since he is a non Muslim and cannot travel out of the country. My daughter is 19 years old and she has never been married and she has not had sexual intercourse with anyone. Having said all these facts could you please give me clarification on this matter. Thank you Jazakallah Kheir

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  is His slave and Messenger.

Accepting the person who proposes for marriage is the right of the woman/girl whom the man had proposed to; it is for this reason that the Prophet  put the matter in her hands as per the Hadeeth of Ibn ‘Abbaas   in which the Prophet  said: “A woman who has been previously married is more entitled to her person than her guardian [i.e. she should not be given in marriage except after consulting her]; and a virgin woman should not be given in marriage except after her permission, and her permission is her silence.” [Muslim]

Therefore, in proposing for marriage, the consent or presence of the guardian is not a condition, but his consent and presence are a condition only when concluding marriage. Moreover, the guardian must be a male; and a woman is not permitted to give herself in marriage, nor is it permissible for a woman to give another woman in marriage. For more benefit on the order of the guardians of a woman, please refer to Fataawa 83338 and 86555.

Also, it is a condition that the guardian be a Muslim, and it is not permissible for a non-Muslim man to give a Muslim woman in marriage even if she is his daughter. Therefore, if a woman has no Muslim guardian, then it is the Islamic judge who marries her off, and if again there is no Islamic judge, then she should entrust a just and trustworthy Muslim man to marry her off as clarified in Fatwa 88488.

Allaah Knows best.

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Sins & Tawbah

بسم الله الرحمن الرحيم

 

Question: Some Muslims who are not practicing say, "I am not on my Deen (Religion) right now because I want to give Islam all of me, and right now I can't do that." So they leave everything that Allaah made incumbent upon them due to this claim. (Meaning) they say: "I don't want to practice just half way (one foot in and one foot out), I want to practice all the way. However because of the sins I'm committing right now, I don't want to mix this with Islam."

So what is your advice regarding this?

Shaykh: You mean that he is Muslim, but he is a sinner?

Questioner: Yes.

Answer: We say to him that there is nothing wrong that you remain upon your sins and you continue upon them up until Allaah blesses you to make a sincere tawbah - however with a condition, and it is that you are guaranteed that you will not die except after you make tawbah! Also that you are guaranteed that you will live until a time that these sins will not affect you and your heart.

This is because sins place a covering on the heart which can hinder one from making tawbah, may Allaah not decree this.

So a Muslim does not have a guarantee for himself that he won't die right now while still upon sins. So what excuse does a person make? They say, "but Allaah is Oft-Forgiving, Most Merciful." Yes, but He is also Severe in punishment. So it is incumbent that the Muslim does not feel safe from the plotting of Allaah. And it is incumbent that he does (righteous) actions and repents to Allaah, the Mighty and Majestic. So I'm mentioning these things in the beginning of this answer - as it is said - to sort of relate to the questioner according to the level of his intellect.

However if you are a Muslim who really comprehends what you are saying here, then listen to the following points:

The first point: who said to you that Islam wants from you that you be a Muslim who does not commit any sin at all? The Prophet - salla Allaahu alayhi wa sallam - said: "All of the children of Adam makes many mistakes and the best of those who make mistakes are those who repent." [Authenticated by al-Albaanee in Saheeh Sunan Ibn Maajah (no.3428).]

So he - salla Allaahu alayhi wa sallam - clarified that the children of Adam (i.e. people) fall into mistakes and errors, excluding the Prophets and Messengers, and the best of these people are those who often repent. He didn't say those who are persistent upon sins, then they make tawbah at the end. So this is the first thing.

Secondly: The Prophet - salla Allaahu alayhi wa sallam - said to his companions: "If it wasn't that you all commit sins, Allaah would have brought a people who commit sins, and He would forgive them," or close to this meaning said by the Prophet, 'alayhis salaam.

So who said to you it is requested that you be a Muslim one hundred per cent never falling into error. No doubt that this affair is good but who can guarantee this? This is a high level. If we made it a condition for all of the Muslims, no one would ever repent.

The third matter: come with me and ponder over the statement of Allaah the Mighty and Majestic:

كَلَّا بَلْ رَانَ عَلَى قُلُوبِهِم مَّا كَانُوا يَكْسِبُونَ

Nay, but Rân has been placed over their hearts because of what they used to earn."

(Al-Mutaffifin 83:14)

(The word in the beginning of the ayah) Kalla, is a statement of rebukement. And as for Rân, it means that He placed a seal over the hearts of these people. As for His statement, "because of what they used to earn," meaning the acts they used to commit. So what is the (general) meaning of the ayah? It means, due to their sins, a seal was placed over their hearts, so they could not make repentance nor can they ask for forgiveness.

That which supports this is the narration of the Prophet - salla Allaahu alayhi wa sallam - and this is the fourth matter: "If a person commits a sin, a black spot is placed over his heart. And if he repents and refrains, it will be wiped away. However if he sins and persists upon the sins, the spots will return up until the heart becomes totally black resembling an upside down mug. It will not recognize any good nor will it rebuke any evil." [Declared 'hasan,' by al-Albaanee in Saheeh al-Jami' al-Saghir (1666)]

This is because of sins and not making tawbah and not returning to Allaah, the Mighty and Majestic. Also, shaytaan hopes that he can win over a person by this statement [in question]. Outwardly, this statement seems good but the reality is that it is evil. This is because this means, it is as if you deem Allah too great that you sin and repent, and you deem Allah too great to fall into opposition to His command, so (based on your understanding) you (will just) remain persistent upon your sins until you're ready to repent (for good). However in reality this is an evil (thought). Also look at the advice of the Prophet - salla Allaahu Alayhi wa sallam - to Mu'adh, may Allaah be pleased with him - when he said: "O Mu'adh, fear Allaah wherever you may be." Allaah is with you [by His knowledge] wherever you may be, He sees you, and He knows your condition and He's with you with His Knowledge, the Mighty and Majestic.

… وَهُوَ مَعَكُمْ أَيْنَ مَا كُنتُمْ …

"…And He is with you wherever you may be…"

(Hadeed: 57: 4)

"O Mu'adh fear Allaah wherever you may be and follow up a bad deed with a good deed, and it will erase it."

These are priceless words of advice. If you fall into a sin, all of the children of Adam fall into many sins, repent to Allaah, seek Allaah's forgiveness, pray two Rak'ahs for repentance to Allaah, give sadaqah, glorify Allaah, read the Qur`aan, do righteous deeds. Why all of this? So sins won't cause a seal to be placed upon your heart.

And your statement "I don't want to repent because I want to be a believer 100 per cent." Does not the statement of the Prophet - salla Allaahu alayhi wa sallam - refute this? "And follow up a bad deed with a good deed." Look: are you better or the Prophet – salla Allaahu alayhi wa sallam? Who is more knowledgeable concerning Allaah? The Messenger of Allaah - salla Allaahu alayhi wa sallam - is the most knowledgeable concerning Allaah, and he is the one who pointed us to that which earns the pleasure of Allaah and he pointed us to follow up a bad deed with a good deed. He didn't say, sin, sin, sin, and then repent.

I end this answer with a (another) great hadeeth and it is a glad tidings for me and you and every sinner. The Prophet - salla Allaahu alayhi wa sallam - informed of this glad tiding. He said: "If a slave commits a sin, then seeks forgiveness, Allaah will say to the angels: My slave committed a sin and then he sought my forgiveness and I forgave him. Then he committed another sin, and Allaah will say: My slave committed a sin and sought my forgiveness and I forgave him. Then the slave will commit another sin (and repented). So Allaah will say: My slave committed a sin and sought my forgiveness, and I forgave him. I testify you O My angels that I have forgiven him."

So look, (that one) makes tawbah, and then falls into a sin and then makes tawbah, and then falls into a sin. This is not from playing games and this is not from making mockery of Allaah or falling short. Rather this is the war between [us and] shaytaan who said:

قَالَ فَبِعِزَّتِكَ لَأُغْوِيَنَّهُمْ أَجْمَعِينَ

[Iblîs (Satan)] said: "By Your Might (Oh my Lord) I will lead all of them astray"

(Sad: 38: 82)

And also it shows that the door of tawbah is always open, concerning which Allaah has said: "And by My Might I will indeed forgive them so long as they seek forgiveness from me."

So this is the war and struggle between us and shaytaan, so beware, beware of this statement. Repent to Allaah, and seek His forgiveness every time you fall into a sin, and do not despair from the mercy of Allaah, the Mighty and Majestic. And Allaah said:

يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَّصُوحًا

"Oh you who believe: turn in repentance to Allaah with a sincere repentance..."

(At-Tahrim 66:8)

'Umar and other than him from the companions and the Salaf said: Sincere repentance is that after you fall into a sin, then repent from it and never return to it up until death. Yes, this is a very high level and - if you can do it - this is something good. However that you remain upon sins and you say, 'I want to just make one tawbah for everything.' ...Just as I said to you in the beginning, who can guarantee for you that you will live to a time you can make tawbah, and who is it that can guarantee that you will have a heart that will incline to making tawbah after it was sealed due to constant sinning? So - by Allaah - be steadfast in turning (in repentance) to Allaah.

Fatwa No : 179253 How to pay Zakaah on land

Fatwa No : 179253

How to pay Zakaah on land

Fatwa Date : Jumaadaa Al-Aakhir 18, 1433 / 10-5-2012

Question

Assalam o Alaykum I have a question regarding Zakat payable on the land that I buy. I am a working woman and I had bought a commercial plot with my earnings for the purpose of constructing my apartment on one floor and give the other floors on rent. This is only a plot and there is no building on it yet. At the moment I have some money and I intend to buy another plot so that when I retire and go back to my country, I can sell that plot and construct the building on my first plot. I will also inherit land from my father. I do not know if he has already transferred those lands on my name or not but it is in my knowledge that he has bought some resedential land for me. So, for now I am not sure if I will construct my house on my plot or the one that I will inherit from my father. If I continue earning, I will spend my money in buying more land. At the moment there is no money being generated from any of these lands. I want to know if I have to pay Zakat on any of these lands and the lands that I plan to buy in future? Also, if my husband buys any land from his earning that he intends for us to build a house on then I may not use my land for building my house but I may give it to my daughter when she grows up. Kindly clarify the matter of paying Zakat on land. JazakAllah Khair

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad , is His slave and Messenger.

You are obliged to pay Zakaah on all the money that you possess and which you are preparing for purchasing a land, or for other purposes, if it reaches the Nisaab (minimum amount liable for Zakaah) and a whole lunar year elapses over it while in your possession.

The Nisaab is the equivalent of nearly 85 grams of pure gold or the equivalent of nearly 595 grams of pure silver.

As regards the land which you purchased with the intention of building on it, then you are not obliged to pay Zakaah on it as it is not considered as tradable commodities. With regard to what you may inherit from your father, you do not have to pay Zakaah on it because it is not yet in your possession.

Therefore, if your father had gifted you some of this land and you possessed it and you had the intention when possessing it that you will use it for trade, or that you will purchase in the future a land and intend to use it for trade, then, in this case, you should evaluate it when a whole lunar year elapses over it and then you must pay 2.5% of its value as Zakaah.

Concerning the gift that has not yet come into your possession, then you are not obliged to pay Zakaah on it (as you do not own it).

Allaah Knows best.

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Fatwa No : 179175 Wants to move to a Muslim country for the sake of her children

Fatwa No : 179175

Wants to move to a Muslim country for the sake of her children

Fatwa Date : Jumaadaa Al-Aakhir 18, 1433 / 10-5-2012

Question

Assalamu alaikum! I am a convert to Islam, and I live with my husband in a western country where i was born. We have one child together, and he has a child from previous marriage and so have i. I really want to make hijrah to a muslim country, especially to protect our children, cause im so scared the corruption here will lead them astray and it is our duty to protect them and provide them with a good islamic enviorment and education. My husbands daughter from previous marriage lives with her mother, and does not want to come to visit her father. She is 3 years old. Her mother is a non muslim, and hates Islam. If we make hijrah she will have to stay behind, as my husband is not even allowed to take his daughter out of the country for vacation. I feel this is wrong, but at the same time im thinking about the other children we have, and insha Allah will get later, and here there is no islamic schools and i dont want to send my children to non muslim schools as there is too much corruption in them. Is it allowed for us to make hijrah to protect our children, while we have to leave his daughter behind? What do you advise us to do? Also note that my daughter from previous marriage has a father that says he is a muslim, but says many kufr statements and does not want his daughter to be raised according to Islam, so i want to try to get her as far away from her father as i can so he can not influence her in a bad way insha Allah. Jazak Allah khayr. Assalamu alaikum

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad , is His slave and Messenger.

First of all, residing in a non-Muslim country has many disadvantages on the Muslim in his religion as well as his worldly life, and this is something that is very clear for every person who has a sound mind. Therefore, migrating from it to a Muslim country is something Islamically required.

This migration may be permissible, desirable or obligatory according to different circumstances (of the person) as clarified by the jurists . For details, please refer to Fatwa 86405.

In your case, the least that can be said is that migration in desirable for you.

On the other hand, there is a difference of opinion among the jurists if the mother wanted to move to another country whether or not she loses the right of custody of her children. However, if we presume that you lose the right of custody, then if the father is dissolute or non-Muslim, or that the environment in which he resides is corrupt while there is no fosterer for your daughter, then it appears that it is permissible for you to travel with her as the benefit of the fostered child comes in priority.

As regards the daughter of your husband from his ex-wife, then it is not permissible for your husband to leave her with her mother as she will influence her and nurture her on corrupt beliefs. Her mother has no right in her custody as long as she is non-Muslim. According to the most preponderant view of the scholars  among the conditions of custody is that the parent must be a Muslim.

Therefore, your husband is obliged to make every effort to take her from her mother. If he can do so, then this is what is required, otherwise he can migrate and leave her with her mother. In any case, he should be keen on keeping ties with her and asking about her especially when she grows up hoping to gain her affection, and so, he may influence her.

Allaah Knows best.

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