Questions and Answers.

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Name: Maha - Honduras
Title: Woman-Led Prayers

Question: Dear scholars, As-salamu `alaykum. What is your opinion regarding the concept or practice of woman-led Prayers and the idea that imams do not necessarily need to be male (as there is no explicit designation of an imam’s gender in the Qur’an/hadiths)? Jazakum Allahu khayran.

Date 15/Jun/2005

Mufti
Sheikh Ahmad Kutty

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.


In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.



Dear sister in Islam, it gives us pleasure to receive your question and to see your interest in knowing the teachings of Islam, which Allah has chosen for His servants as a way of life. According to the Qur’an, a true Muslim should refer to scholars to become well acquainted with the sound image of Islam.

First of all, it should be clear that the Qur’an and the Prophet’s Sunnah bear witness to the fact that woman is at least as vital to life as man and that she is neither inferior to him nor a lower species. When the Shari`ah restricts some positions to men, it does not mean discrimination, but should be understood within the framework of the general objectives of the Shari`ah, which are set by the Law-Giver (Almighty Allah) to order the lives of men and women in a way that best suits their natures.

In his response to your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states



Before attempting to answer this question, I wish to stress from the outset, the following two points which, I believe, are crucial while discussing any issue that has any bearing on gender relations in Islam:

1. The question of imamah (leading) in Prayer has nothing to do with the issue of gender equity or equality between the rights of men and women. In Islam, we do not have a male priestly elite acting as intermediaries between man/woman and God. So, to consider imamah as a privilege that confers some special spiritual prerogatives on a person is enigmatic to Islam.

2. It is true that women need to claim their God-given rights in Muslim society—rights, which although granted to them by the Lawgiver, are either denied to them or restrained in the wake of the general decline of Muslim standards. Therefore, all those who wish to achieve a genuine Islamic renaissance should welcome each and every move by Muslim women to reassert their rightful role as active participants and partners of males in all aspects of Islamic life. It is not an exaggeration to state that the Muslim women during the time of the Prophet (peace and blessings be upon him) were not at all silent witnesses, but rather they were active participants in society—a fact which has been fully documented in the authentic sources of Islam.

After having said this, however, we must state that using Prayer to demonstrate the above point is at best a poor choice, if not an outright aberration. For it serves only to distract us from focusing our attention on real issues that have direct bearing on gender equity and justice for females, thereby helping to improve the lot of women in Muslim communities.

Now, coming to the issue of a woman leading Prayer, we ought to remember the following points:


Prayer in its entirety, including its basic format and details, has been fixed by Allah and His Messenger (peace and blessings be upon him) in such a way that it cannot be subject to any modification whatsoever. We are told in the authentic sources that the Prophet (peace and blessings be upon him) was wont to reiterate, “Pray as you have seen me praying.” In other words, we cannot depart from the precedents and examples set by the Prophet (peace and blessings be upon him) in regards to Prayer. Prayer belongs to those rather limited areas of Islamic Shari`ah that have been immutably fixed. Imam Shah Waliullah has rightly called it maqadir (fixed forms), which cannot be altered or tampered with. While the same immutability does not apply to the vast majority of rules of Jurisprudence, it does apply to the form and method of `ibadat (acts of worship), Prayer being the most important of these. Thus, we cannot modify the format or method of Prayer; by doing so we are interfering with the part of religion that is destined to remain unchangeable.


The rules of Prayer established by the Prophet (peace and blessings be upon him) provide no precedent for allowing women to lead a mixed gathering of men and women who are considered as non-mahram (unrelated through blood or marriage). Our Prophet (peace and blessings be upon him) however, did set a precedent for women to lead members of their own family in Prayer if they are specially qualified. The hadith of Umm Waraqah, which states that the Prophet (peace and blessings be upon him) appointed her to lead the members of her own household in Prayer, establishes the precedent for this issue.


Likewise, we also have precedents from the early times for a woman leading prayers an exclusive gathering of women; such was the practice of the wives of the Prophet (peace and blessings be upon him) such as `A’ishah and Umm Salama (may Allah be pleased with them) who were known for their profound knowledge and eminence in religion. Therefore, there cannot be any objection for women organizing their own Prayer spaces or even Jumu`ah (Friday Prayer) if there is a necessity or if there are specific benefits to be derived from the same, as has been done in some Muslim communities.


If it had been permissible for women to lead a mixed gathering of men and women, it would have certainly been done by at least some of the eminent women such as `A’ishah (may Allah be pleased with her), who never lagged behind anyone in her assertiveness and positive affirmation of women’s rights in Islam. We know that while she led women in Prayer, she never did so when it was a mixed gathering. Rather, in such cases she always appointed a man to lead, in spite of the fact that he was less knowledgeable than her. For instance, she appointed her mawla (freed slave) to lead in Tarawih (night Prayers of Ramadan), even though he was reading from a mushaf (copy of the Qur’an). Moreover, if it had been permissible for a woman to lead a mixed gathering, then `A’ishah, again, would have led at least some of the Prayers in the Prophet’s Mosque, as she was eminently qualified because of her preeminence in knowledge, as we can infer from the overwhelming testimonials of the Companions and their successors regarding the same.


It is, therefore, safe to conclude that there is no justification in the sources for a woman leading a mixed congregation or Jumu`ah Prayer. Moreover, in the case of Jumu`ah, there is another point to be considered. Thanks to the compassionate aspect of the Shari`ah, women are not religiously obligated to attend Jumu`ah Prayers because such a duty could be in conflict with their vital duties of caring and nurturing the future generations—a function which is far more ennobled and dignified in Islam than anything else.

In light of the above, it is only reasonable to conclude that the stance of a woman leading Jumu`ah for both men and women is inconsistent with the sound understanding of Islam grounded in the authentic sources. It is also contrary to the precedents of the early generations, whom we are to take as our role models in matters of religion.

Before concluding, it behooves us to point out that Muslim women’s claim to gender equity cannot be served by pitting men and women against each other as if they were rivals. It is, rather, better served by assuming their complementary roles. The entire issue of woman’s imamah seems to be driven by a secular paradigm that is predicated upon an assumption of competition and rivalry between the genders, rather than on the tawheedi (based on Oneness of God) paradigm. The perspective of tawheed, as established by the Qur’an, characterizes both men and women as protective friends and partners under the Lordship of Allah, fulfilling complementary, not overlapping, roles.
Excerpted, with slight modifications, from: www.islam.ca

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Name: Irshad -
Title: Can a Husband Attend His Child's Birth?

Question: Dear scholars, As-Salamu `alaykum. What is the ruling of Islam on a man attending his wife's delivery of a baby? Jazakum Allah khayran.

Date 16/Jun/2005

Mufti
European Council for Fatwa and Research

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.



Dear brother in Islam, we would like to thank you for your interesting question that shows your eagerness to become well acquainted with all that relates to your religion. May Almighty Allah help us all to abide by His rules and regulations. Ameen.



First of all, it is to be stressed that Islam has built the marital life on strong foundations of respect, harmony, love, mercy, and cooperation. The Qur’an expresses the nature of the marital relationship in Islam in several verses. One of the most indicative descriptions of this relationship is Allah's saying, (…they are your garments and ye are their garments.) (Al-Baqarah 2: 187) The word “garment” indicates many meanings such as harmony, warmth, and cover. It is the duty of the husband and wife to see that they are a source of comfort and tranquility for each other. They should do everything physically, emotionally and spiritually to make each other feel happy and comfortable. They must care for each other and do whatever proves that they share together all moments of pain as well as happiness.



In response to the question in point, The European Council for Fatwa and Research issued the following fatwa:



There is no objection from the Shari`ah point of view to the man attending his wife's delivery of a baby if he wishes to do so or feels that there is a benefit to be gained, such as reminding his wife of Allah and trying to ease her labor pains. One may also feel that attending his wife's labor may help demonstrate to him the suffering and pain that she is enduring and may lead to his increased appreciation of her and regard for his mother who endured the same. Indeed, this may prove to be an educational session, the benefits of which could be passed on to the children. In any case, this remains a permissible act that is neither obligatory, preferable, despised nor haram unless material or psychological harm is likely to result.


Some may feel uncomfortable with this matter, as the husband sees his wife's private parts during labor, and as result they may deem it despised (makruh) and may even state some hadiths that forbid this. However, all such hadiths are unsubstantiated. Indeed, there are correct and authentic hadiths that state the absolute opposite, such as the hadith stating that the Prophet (peace and blessings be upon him) bathed along with one of his wives from one bowl. This hadith deems all statements to the opposite incorrect and should resolve all differences in this regard.



`A'ishah (may Allah be pleased with her) said: “I used to wash with the Messenger of Allah (peace and blessings be upon him) from one bowl. The Prophet (peace and blessings be upon him) would playfully fight with me over who would scoop water first and I would respond by saying, ‘Me first, me first.’” She (may Allah be pleased with her) added: "We were both bathing from sexual intercourse." (Reported by Al-Bukhari and Muslim)



Maymunah, the Mother of Believers (may Allah be pleased with her) said: "I brought forward to the Messenger of Allah (peace and blessings be upon him) a bowl of water so that he may bathe after having sexual intercourse. He (peace and blessings be upon him) washed his hands twice or three times, then he scooped out water with his hands and washed his private parts with his left hand. He then rubbed his left hand thoroughly against the ground and then made ablution as though for Prayer. He then poured three handfuls of water on his head and finally washed his entire body. He then moved to another position and washed his feet. I then gave him a towel, which he turned away." (Reported by Al-Bukhari and Muslim)

Excerpted, with slight modifications, from: http://www.ecfr.org

source: islamonline.net

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Name: Muslima - India
Title: Does Islam Allow “Surrogate Motherhood”?

Question: Dear scholars, As-Salamu `alaykum. What is the Islamic view of surrogate motherhood? Is a married couple allowed to use this procedure to have a child? Jazakum Allah khayran.

Date 13/Jun/2005

Mufti
Sheikh Ahmad Kutty

Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Sister, we really appreciate your forwarding this question to us, and we commend your keenness on getting yourself well-acquainted with the teachings of Islam. May Allah help us all keep firm on the Right Path, Ameen!

As far as Islamic Shari`ah is concerned, surrogate motherhood or what is called “hiring a womb” is not allowed since it involves introducing the sperm of a male into the uterus of a woman to whom he is not married and, thus, it clearly falls under the specific category of transgressing the bounds of Allah.

Answering your question, Sheikh Ahmad Kutty, a senior lecturer and Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

Surrogate motherhood is often euphemistically referred to as “hiring a womb.” The procedure involves using the service of another woman to serve as a carrier for the fertilized ovum of a couple. The woman makes herself available to inject the fertilized ovum into her own womb and then carries the child to its full term on behalf of the other couple. It is often done in lieu of a specified remuneration or free of charge. People resort to this procedure either because a married woman who desires to have a child has problems in carrying her child to its full term or because of her desire to simply forgo the “trouble” of conception and labor.

According to the rules of Shari`ah, surrogate motherhood as described above is not allowed, since it involves introducing the sperm of a male into the uterus of a woman to whom he is not married and, thus, it clearly falls under the specific category of transgressing the bounds of Allah as stated in the Qur’an: (Those who guard their private parts except from their spouses…) (Al-Mu’minun: 5). “Whosoever goes beyond that are indeed transgressors” (Al-Mu’minun 23: 7).

By introducing a third party into the family equation, this procedure throws into confusion the issue of the identity of the child. In Islam, every child has a right to a definite parentage, namely, that of a father and mother. In the case of surrogate motherhood, the question arises as to the identity of the real mother of the child thus conceived. Is she the genetic mother who provides the egg from which the child is born, or is she the woman whose womb serves as a carrier for the child? Such confusion is bound to affect the child emotionally as he will be torn between two mothers. Further, it may also lead to legal fights over the parentage of the child, as happened in the United States in the case of a child thus conceived in 1987.

Finally, the entire procedure amounts to dehumanizing the process of human procreation by reducing womb down to the level of a commodity that can be bought or rented for service. Ultimately, such a process, yet again, violates the dignity and honor that Allah Almighty has bestowed on man and woman.
Excerpted, with slight modifications, from: www.islam.ca

source: www.islamonline.net

[Gareeb]

I am firstly 19, canadian convert.I gave birth two mths ago to my second child.alhumdulilah. My being on my menses was a very difficult and trialing time for me.I have had alot of problems during this time(alhumdulilah for allthe good and bad) so during this time i aquired the habit of tending to swear to get out my frustraion of my overwhelming work. I understand the hadith that women willget punished for bad usage of theeir tongues. I am at a point now. where I am trying to be patient and I am trying to hold my tongue from saying inproper statements but I find my anger getting the best of me. I need to know firstly If there is any way that I can try to control these problems of anger ,swearing and feeling overwhelmed?(any dua'as?) and also is my husband allowed to do any physical harm to me or divorce whilest I am TRYING MY BEST to my knowledge to control myself with out the help of my husband or friends or family. I have begged my husband repeadedly begged my husband to help me help my iman and to help me to teach me more islam and read quran to me since I have no tapes and do not know how to read qur'an.I feel Alhumdulilah my husband is the best. I just want to know under these circumstances if he can divorce or physically harm me in anyway.Since I am trying my best to abide by allah tothe best that i can.

Answer :

Praise be to Allaah.

Firstly:

We praise Allaah for having guided you to Islam and we ask Him to increase you in guidance, faith and steadfastness.

Secondly:

Menstruation is something that Allaah has decreed for women. It is well known that the menstruating woman may feel stressed and irritable during her menses, but she has to fear Allaah and try hard to be patient; she has to restrain her tongue and avoid things that Allaah has forbidden such as swearing, insulting others, and so on. She must strive to control herself with regard to that (jihad al-nafs), and she will find a change and improvement, in sha Allaah.

Thirdly:

The husband should pay attention to his wife’s feelings and be sympathetic if she is suffering with anything. He should overlook her mistakes and try to comfort her, and be patient in doing so. He should not hasten to punish her or leave her, for married life is not based on separation, rather it is based on stability and continuity. Life is not free of disturbances, and the couple will succeed to the extent that they are able to overcome troubles and create happiness and affection between one another.

Fourthly:

The husband has no right to harm his wife physically; it is not permissible for him to hit her except in the case where other means of correction have failed, such as warning her and forsaking her in her bed. If hitting becomes permissible, then it should not be done with the intention of causing harm, rather the intention should be to rebuke and discipline. Hence it is stipulated that it should not be a blow that leaves a mark or causes pain. But hitting should not be resorted to except in extreme cases.

End quote from Fataawa ‘Ushrat al-Nisa’, p. 151, by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him).

Fifthly:

The husband should help his family to obey Allaah and make it easy for them to acquire beneficial knowledge, by bringing home books and tapes, or taking them to Islamic centres so that they can learn how to read Qur’aan and about Islam. If your husband falls short in this regard, you can acquire many tapes through the Internet or by contacting some Islamic centres that are close to you.

Sixthly:

Anger, swearing and feelings overwhelmed with what you have to do may be dealt with in several ways:

1 – Seeking refuge with Allaah from the accursed Shaytaan when feeling angry. Al-Bukhaari (3282) and Muslim (2610) narrated that Sulaymaan ibn Surad said: I was sitting with the Prophet (peace and blessings of Allaah be upon him) and two men were trading insults, One of them was red in the face and his veins were standing out. The Prophet (peace and blessings of Allaah be upon him) said: “I know a word which, if he said it, what he is feeling would go away. If he said, ‘I seek refuge with Allaah from the Shaytaan,’ what he is feeling would go away.”

2 – Changing one’s posture when feeling angry. Abu Dawood (4782) narrated that Abu Dharr (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said to us: “If one of you gets angry when he is standing, let him sit down; if his anger disappears, all well and good, otherwise let him lie down.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

3 – Bring to mind the reward for patience, forbearance and restraining your anger, for that is the characteristic of the pious who are promised Paradise, as Allaah says (interpretation of the meaning):

“And march forth in the way (which leads to) forgiveness from your Lord, and for Paradise as wide as the heavens and the earth, prepared for Al-Muttaqoon (the pious).

134. Those who spend (in Allaah’s Cause) in prosperity and in adversity, who repress anger, and who pardon men; verily, Allaah loves Al-Muhsinoon (the good‑doers)”

[Aal ‘Imraan 3:133-134]

The Prophet (peace and blessings of Allaah be upon him) said: “Whoever restrains his anger when he is able to act upon it, Allaah will fill his heart with pleasure on the Day of Resurrection.” Narrated by Ibn Abi’l-Dunya; classed as hasan by al-Albaani in Saheeh al-Targheeb, 2623.

4 – Remember that anger and swearing will not avail you anything and will not relieve you of any burden, rather you earn sin thereby, and they bring more worry and stress. Help and ease only come by drawing close to Allaah, may He be exalted, and by striving to obey Him.

5 – You should organize your time and hasten to carry out any tasks you have to do, so that they will not pile up and make you feel overwhelmed.

6 – You should avail yourself of the beneficial treatment that the Prophet (peace and blessings of Allaah be upon him) taught to his daughter Faatimah (may Allaah be pleased with her), when she complained that she had too much work and it was burdensome, and she needed a servant. Al-Bukhaari (6318) and Muslim (2728) narrated from Abu Hurayrah (may Allaah be pleased with him) that Faatimah (may Allaah be pleased with her) came to the Prophet (peace and blessings of Allaah be upon him) and asked him for a servant, complaining about her work. He said to her: “Shall I not tell you of something that is better for you than a servant? Say Subhaan-Allaah (Glory be to Allaah) thirty-three times, al-hamdu-Lillaah (praise be to Allaah) thirty-three times, and Allaahu akbar (Allaah is Most Great) thirty-four times when you go to bed.” Some of the scholars have explained this hadeeth by noting that the one who regularly remembers Allaah will be given strength that is greater than the strength used by a servant, or things will become easy for him and he will no longer need a servant.

End quote from Fath al-Baari.

We ask Allaah to grant you help, steadfastness and success.

And Allaah knows best.



Islam Q&A (www.islam-qa.com)

[Gareeb]

I have not got married yet. I know that it is not permissible for the husband to have intercourse with his wife in her back passage, but I do not want to hide from you the fact that my desires always overwhelm me. I try to repent and do what is right, but sometimes I go back to sin. I am afraid that if I get married I will have intercourse with my wife in her back passage, and that the Shaytaan will overpower me. What advice can you give me?
My second question is: would it be permissible for me to approach her from behind but over her clothes?.

Answer :

Praise be to Allaah.

It is emphatically forbidden to have intercourse with one's wife in her back passage, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has intercourse with a menstruating woman or with a woman in her back passage, or goes to a fortuneteller and believes what he says, has disbelieved in that which was revealed to Muhammad.” Narrated by al-Tirmidhi, 135; Ibn Maajah, 639; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

And he said: “Cursed is the one who has intercourse with a woman in her back passage.” Narrated by Ahmad, 9731; Abu Dawood, 2162; classed as hasan by al-Albaani in Saheeh Abi Dawood. See also question no. 1103.

With regard to your avoiding marriage because of these fears, this is dealing with one mistake by making another. Ignore this waswaas (whisper from the Shaytaan) and keep busy with things that will benefit you in both spiritual and worldly ways. Ask Allaah to purify your heart and protect your chastity; hasten to get married for that is the best remedy for you. Beware of the wrath and anger of Allaah and of His painful punishment, and do not be one of those who are heedless.

Remember Allaah a great deal and do lots of acts of worship, lower your gaze and avoid looking at haraam things, and avoid committing sinful actions, so that these evil devilish thoughts will leave you.

With regard to coming to your wife from behind but over her clothes, you should avoid doing that. Do not be like a shepherd who grazes his flocks around a sanctuary and soon transgresses its boundary, as the Prophet (peace and blessings of Allaah be upon him) said. (Narrated by al-Bukhaari, 25; Muslim, 1599).

Ibn Rajab (may Allaah have mercy on him) said:

Allaah has guarded these haraam things and forbidden His slaves to approach them, and he calls them His limits. Allaah says (interpretation of the meaning):

“These are the limits (set) by Allaah, so approach them not. Thus does Allaah make clear His Ayaat (proofs, evidences, lessons, signs, revelations, verses, laws, legal and illegal things, Allaah’s set limits, orders, etc.) to mankind that they may become Al-Muttaqoon (the pious)”

[al-Baqarah 2:187]

Thus it is clear that Allaah has defined for them what is permissible for them and what is forbidden to them, so that they will not approach what is forbidden and they will not go beyond what is permitted. Hence Allaah says in another verse (interpretation of the meaning):

“These are the limits ordained by Allaah, so do not transgress them. And whoever transgresses the limits ordained by Allaah, then such are the Zaalimoon (wrongdoers)”

[al-Baqarah 2:229]

The one who grazes around a sanctuary and close to it will soon enter it. The same applies to one who goes beyond what is permitted and falls into doubtful areas. He approaches something haraam with the intention of merely coming close, but soon he will commit forbidden actions blatantly. This indicates that we must keep away from haraam things, and erect barriers between us and them.

Jaami’ al-‘Uloom wa’l-Hukam, 1/208

May Allaah protect us and you from all evils, and make us and you content with that which He has permitted. May He give us enough of what is permissible that we have no need of that which He has forbidden.

And Allaah knows best.



Islam Q&A (www.islam-qa.com)

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Question :


What is the minimum amount of mahr (Dowry) permitted by Shareea? I found in one book, the dowry of the most of the wives and daughters of Prophet (PBUH) was 480 Dirhams. What is the equivalent amount for the present time?

Answer :

Praise be to Allaah.

The minimum amount of mahr has been explained in the report in al-Saheeh (no. 1425) narrated from Sahl ibn Sa’d al-Saa’idi, who said: “A woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, I have come to give myself (in marriage) to you.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) looked at her and looked her up and down, then the Messenger of Allaah (peace and blessings of Allaah be upon him) lowered his head and paused. When the woman saw that he had not made a decision about her, she sat down. A man from among the Sahaabah said, ‘O Messenger of Allaah, if you are not interested in her, then marry her to me.’ He said, ‘Do you have anything?’ He said, ‘No, by Allaah, O Messenger of Allaah.’ He said, ‘Go to your people and see if you can find anything.’ So the man went, then he came back and said, ‘No, by Allaah, I could not find anything.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Look and see (if you can find anything), even if it is only an iron ring which you can give.’ So he went, then came back, and said, ‘No, by Allaah, O Messenger of Allaah, not even an iron ring. But (I have) this izaar (garment) of mine, she can have half of it.’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘What can she do with your izaar? If you are wearing it she will have nothing of it.’ The man sat down, then after a long time had passed, he got up (to leave). The Messenger of Allaah (peace and blessings of Allaah be upon him) saw him leaving and called him. When he came, he said, ‘What do you know of the Qur’aan?’ He said, ‘Soorah Such-and-such and Soorah Such-and-such.’ He said, ‘Do you know them by heart?’ He said, ‘Yes.’ He said, ‘Then go, you are married to her by what you know of the Qur’aan.’”

This hadeeth shows that it is permissible for the mahr to be a little or a lot of whatever is considered to be wealth, if both partners agree, because an iron ring is extremely little. This is the madhhab of al-Shaafa’i and is also the view of the majority of scholars among the earlier and later generations. This was also the view of Rabee’ah, Abu’l-Zinaad, Ibn Abi Dhi’b, Yahyaa ibn Sa’eed, al-Layth ibn Sa’d, al-Thawri, al-Oozaa’i, Muslim ibn Khaalid, Ibn Abi Laylaa, Dawood, the fuqahaa’ of the scholars of hadeeth and Ibn Wahb among the companions of Maalik. It was also the view of all the scholars of the Hijaaz, Basrah, Kufa and Syria, and others, that whatever the couple agree upon is permissible (as a dowry), whether it is a lot or a little, such as a whip, a pair of shoes or an iron ring, etc.

With regard to the question about the mahr of the Mothers of the Believers:

Muslim narrated in his Saheeh (no. 1426) that Abu Salamah ibn ‘Abd al-Rahmaan said: “I asked ‘Aa’ishah the wife of the Prophet (peace and blessings of Allaah be upon him) what the mahr given by the Prophet (peace and blessings of Allaah be upon him) was. She said: ‘The mahr that he gave to his wives was twelve ooqiyah and a nashsh.’ He said, Do you know what a nashsh is? He said, she said it is half of an ooqiyah. That was five hundred dirhams. This was the mahr given by the Prophet (peace and blessings of Allaah be upon him) to his wives.”

The scholar Ibn Khaldoon said:

“The consensus of the scholars from the beginning of Islam and the time of the Sahaabah and the Taabi’een has been that the shar’i dirham is that of which ten coins weigh seven mithqaals of gold. The ooqiyah is forty dirhams of this type, and on this basis it is seven-tenths of a dinar… All of these amounts are agreed upon by scholarly consensus (ijmaa’).”

(Muqaddimah Ibn Khaldoon, p. 263)

At the time of the Prophet (peace and blessings of Allaah be upon him), a dinar was equivalent to 12 dirhams.

The dinar weighs the equivalent of 4.25 grams of 24-carat gold. So the mahr of the wives of the Prophet (peace and blessings of Allaah be upon him) was approximately 500 dirhams, i.e., 41.5 dinars. This is equivalent to 176.375 grams.

If the price of one gram of gold is 9 dollars, for example – as it the approximate price nowadays – then the modern equivalent of the mahr of the wives of the Prophet (peace and blessings of Allaah be upon him) is approximately 87.

And Allaah knows best.



Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

----------------------------
I could not understand the last statement, if one gram of gold is 9 dollars and 500 dirhams=41.5 dinars=176.375 grams how then the modern equivalent of the mahr of the wives of the Prophet :saws: can be approximately 87? in my calculation it is equal to (9*176.375) 1587,375 dollars. Did I miss something?

[Black]

Question :


What is the ruling on what many women's guardians do nowadays of making excessive demands regarding the dowry and asking the husband for more than he can afford, which makes him take on many debts in order to get married, and which may put many young men off getting married?.

Answer :

Praise be to Allaah.

We have already explained in the answer to question no. 10525 http://63.175.194.25/index.php?ln=eng&QR=10525 that Islam teaches that the dowry should be reduced and made simple, and that this is in the interests of both the husband and the wife. As the Prophet (peace and blessings of Allaah be upon him) said: “The best of marriage is that which is made easiest.” Narrated by Ibn Hibbaan, classed as saheeh by al-Albaani in Saheeh al-Jaami’, 3300.

The scholars have spoken a great deal about this issue and explained the harm that results from exaggerating concerning the mahr. For example, Shaykh Muhammad ibn Ibraaheem issued a lengthy fatwa on this matter, in which he said:

One of the things that people have gone too far in, until they reached the level of extravagance and excess, is the matter of exaggerating concerning the mahr, and being extravagant in clothing, wedding feasts, and so on. The knowledgeable and wise people have started to complain about this because of the many evil consequences to which it leads, such as many women remaining unmarried, because many men cannot afford the expenses of getting married, which leads to many kinds of evil consequences…. I have researched this matter from all angles and reached the following conclusions:
1 – Accepting a moderate dowry and not demanding more of the husband than he can afford are enjoined by sharee’ah, according to the consensus of the scholars of the earlier and later generations. This is the Sunnah that is proven from the Prophet (peace and blessings of Allaah be upon him).

2 – If the husband takes on payment of a dowry that he cannot afford and that is beyond his means, he deserves to be denounced for that, because he has done something makrooh, even if that dowry is less than the dowry given by the Prophet (peace and blessings of Allaah be upon him). Muslim narrated in his Saheeh (1424) that Abu Hurayrah said: A man came to the Prophet (peace and blessings of Allaah be upon him) and said: “I have got married to a woman from among the Ansaar.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said to him: “Have you looked at her? For there may be something in the eyes of the Ansaar.” He said: “(Yes) I have looked at her.” He said: “For how much did you get married?” He said: ‘For four uqiyahs.” The Prophet (peace and blessings of Allaah be upon him) said: “For four uqiyahs! It is as if you are getting this silver by digging it up from the side of this mountain. We do not have anything to give you, but perhaps we will send you on a campaign from which you might get something.” So he sent a campaign to Bani ‘Abs, and he sent that man among them.

Al-Nawawi said in his commentary on this hadeeth: what this means is that it is makrooh to make the dowry too much in relation to the husband’s situation.

3 – There can be no doubt that marriage is something that is prescribed and encouraged in sharee’ah, and in most cases it reaches the degree of being obligatory. Most people cannot manage to do this thing that is prescribed or mustahabb when there is this exaggeration concerning the mahr. It is well known that whatever is essential to doing something obligatory is also obligatory, from which we may understand that it is prescribed to make people aware of the seriousness of this matter and stop them from going to extremes in this matter which is preventing men from doing that which Allaah has enjoined upon them (i.e., getting married), especially since the command to reduce the mahr will not lead to any evil consequences, rather it is wholly in the interests of both the husband and the wife, and is in fact something that is liked and encouraged in Islam, as stated above.

4 – There is no shar’i justification for the woman’s guardian to refuse to marry her to a compatible man if he proposes marriage to her and she is pleased with him, because he cannot pay the large dowry that the guardian demands because of his personal greed or for the purpose of extravagance and showing off. Rather this comes under the heading of preventing marriage for which the one who does it is regarded as a faasiq (evildoer) if he does it repeatedly.

Shaykh Ibn ‘Uthaymeen said:

The scholars found a way around this obstacle when they said that if a guardian refuses to marry his female relative under his care to a compatible man with whom she is pleased, then that guardianship passes to another. For example, if a woman’s father refuses to marry her to a man whose religious commitment and character are suitable and with whom she is pleased and whom she wants to marry, then the closest of people to her after him, among her brothers, paternal uncles or cousins, should marry her to him.”

5 – Increasing the mahr and exaggerating concerning it forms a strong obstacle to marriage, and the many evil consequences that result from that and the spread of evil actions among men and women, are well known. The means come under the same ruling as the ends. Islam came to achieve and complete people’s best interests, and to do away with and reduce evils. Even if reducing dowries were to do no more than block the ways that lead to haraam things, that would be sufficient.

6 – The evil consequences of exaggerating concerning dowries are well known. How many free, chaste women have been prevented from marrying by their guardians, who have wronged them and left them without husbands and children.

How many women has that led to respond to the calls of their own desire and the Shaytaan, so they have committed evil actions and brought shame upon themselves and their families and clans, because they have committed sins that anger the Most Merciful?

How many young men have been unable to meet these demands for which no authority was sent down by Allaah, so the devils and evil companions took control of them, until they led them astray and caused them to lose out, so they lost their families and lost their way, and they became lost to their ummah and homeland, and they lost out in this world and in the Hereafter.

7 – Another harmful effect of exaggerating concerning dowries is the appearance of mental illness among young people of both sexes, because of having to suppress their natural urges and because of the frustration they encounter when they try to get married.

8 – Making demands of the husband that he cannot meet may stir up enmity in his heart against his wife, due to the financial difficulties that he suffers because of her. But the aim (of marriage) is happiness, not hardship.

9 – Even if there is any benefit in a large dowry for the women or her guardians, the evil consequences outweigh any such benefits. The basic principle in sharee’ah is that warding off evil takes precedence over achieving benefits.

10 – With regard to the story narrated from ‘Umar ibn al-Khattaab (may Allaah be pleased with him), that when he forbade increasing the mahr to more than four hundred dirhams, a woman from among Quraysh objected to that and said: “O Ameer al-Mu’mineen, you have forbidden increasing the mahr of women to more than four hundred dirhams, have you not heard the words of Allaah (interpretation of the meaning): ‘…and you have given one of them a Qintaar (of gold, i.e. a great amount as Mahr)…’ [al-Nisa’ 4:20]?”

He said: “O Allaah, forgive me. All the people have more understanding of religion than ‘Umar.” Then he went back and ascended the minbar, and said: “O people, I forbade you to increase women’s dowries to more than four hundred. But whoever wants to give as much as he wants of his wealth, let him do so.”

But this story may be understood in different ways, and cannot be used as evidence or to oppose the proven texts referred to above, especially when there is no report of any objection to ‘Umar or denunciation of him on the part of any of the Sahaabah apart from this woman.

Adapted from the words of Shaykh Muhammad ibn Ibraaheem. See Fataawa al-Shaykh Muhammad ibn Ibraaheem, 10/187-199.



Islam Q&A (www.islam-qa.com)

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Raping Enemies’ Women in Retaliation

Question of Fatwa: As-Salamu `Alaykum. With all the bloody incidents and heinous crimes committed against Muslims in broad daylight, including raping and maltreating Muslim women, is it permissible for Muslims to do the same with women of their enemies in retaliation?
Name of Mufti: Sheikh `Ikrimah Sabri
Content of Reply: Wa`alaykum As-Salaamu Warahmatullahi Wabarakatuh.

In The Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, thank you very much for reposing confidence in us, and we hope our efforts, which are purely for Allah's Sake, meet your expectations.

Indeed, we would like to differentiate between two main points:

1-Fending off aggression launched against Muslims: This should be done without transgressing the limits laid down by the Qur’an. Allah Almighty says: “Fight in the cause of God those who fight you, but do not transgress limits for God loveth not transgressors.” (Al-Baqarah: 190)

2-Giving regard to the Islamic war ethics: It has not been recorded along the course of Islamic history that Muslims raped women of their enemies or even killed their children. Hence, the point referred to here in your question (i.e. raping enemies’ women) is not allowed in Islam and it is not the manners of Muslims. Though many rape incidents have been recorded, where Muslim women were brutalized by enemies, there is no single record of such incident taken place among Muslims, even as a war retaliatory measures.

Confirming these facts, we would like to cite for you the Prophet's instructions to his chief commanders while dispatching them to resist aggressions: “Fight in the Cause of Allah. Fight those who deny Allah; Do not be embittered. Do not be treacherous. Do not mutilate. Do not kill children or those (people) in convents."

Here is Abu-Bakr's instructions to Usama while embarking on the Levant Campaign:

“Do not betray or be treacherous or vindictive. Do not mutilate. Do not kill children, the aged or women. Do not cut or burn palm trees or fruitful trees. Don’t slay sheep, cows or camels except for food. And you will come across people who confined themselves to worship in hermitages. Leave them alone to what they devoted themselves for.”

Focusing more on the question in point, Sheikh `Ikrimah Sabri, The Mufti of Al-Quds (Jerusalem) & Khatib of Al-Aqsa Mosque, states:

“In fact, the principle of reciprocity has well-established rules in Shari`ah, whereby Muslims are warned from embarking on such inhumane attitudes. For instance, in case the enemy mutilates the dead bodies of Muslims, the Muslim army is not permitted to act in the same manner.

Based on this, it is not permissible for Muslims to rape female captives under the notion of reciprocity. There is nothing like that in Islam. However, if the enemy kills Muslim captives, we are permitted to kill their captives in retaliation.

In all cases, Muslims should not initiate the aggression, for Islam is the religion of mercy. War is not the first option in the life of Muslims; rather, it comes after Da`wah and kind advise.”

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.

Allah Almighty knows best.

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Difference in Inheritance Between Men and Women

Topic Of Fatwa: Inheritance
Question of Fatwa: What is the wisdom of the discrimination in the distribution of inheritance between men and women in Islam? Is it because of the natural differences between them?
Name of Mufti: Dr. Salah Sultan


In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear questioner, we would like to thank you for the great confidence you place in us, and we implore Allah Almighty to help us serve His cause and render our work for His Sake.

First, it should be known that every Muslim must believe that Allah’s law is the most suitable law for all mankind, even if its wisdom is unclear. Differences in the distribution of inheritance is not based upon gender differences but rather on other considerations such as the degree of consanguinity between the giver and the receiver of inheritance, the fact that younger generations receive a larger share of inheritance than older ones, and that persons with heavier responsibilities receive more of the inheritance.

Responding to the question, Dr. Salah Sultan, President of the American Center for Islamic Research, Columbus, Ohio, and Manager of the Center for Fatwa and Islamic Education in Columbus, Ohio, states the following:


True Islamic understanding for the jurisprudence of inheritance in Islam reveals the variation in the shares of inheritance for men and those for women. However, this variation is not due to gender difference, but rather due to divine wisdom and objectives that many fail to see. They even regard this difference between the shares of men and women in some cases of inheritance as something to prove the incomplete competence of women in Islam. However, the Islamic jurisprudence of inheritance is controlled by the following three criteria:

1. The degree of kinship between the receiver (man or woman) and the deceased. The closer the relation, the greater the share given regardless of the heir’s gender.

2. The position of the inheriting generation in the chronological sequence of generations. The younger generations usually receive larger share than the older ones regardless of gender. For instance, the daughter of a deceased man receives a bigger share than his mother does, and the daughter of a deceased woman receives a bigger share than her father does even if the daughter is an infant.

3. The financial responsibility imposed by law upon the heir. This criterion is the one from which difference results between males and females. However, such difference does not lead to any injustice done to women; it may be quite the other way.

Furthermore, the following four points should be known:

1. Women receive half of men’s share in four cases only.

2. In many cases, women receive the same share of inheritance as men.

3. In 10 cases or more, women’s share is bigger than men’s.

4. In some cases, women receive shares of inheritance while corresponding men do not.

In other words, in more than 30 cases, women take the same or more than men take, or women take a share while men do not, while there are only four definite cases in which women receive half of men’s share.

May Allah guide you to the straight path, and guide you to that which pleases Him, Amen.


Allah Almighty knows best.

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Qur’anic Rules of Inheritance: Do They Involve Mathematical Errors?

Topic Of Fatwa: Inheritance Laws

Question of Fatwa: As-Salaam Alaykum Scholars! I participate often in debates with Christian die-hards and am sick of hearing that there is a mathematical error in the inheritance law as it appears in the Qur'an. I am quoting this person "Sura 4:11-12 and 4:176 state the Qur'anic inheritance law. When a man dies, and is leaving behind three daughters, his two parents and his wife, they will receive the respective shares of 2/3 for the 3 daughters together, 1/3 for the parents together [both according to verse 4:11] and 1/8 for the wife [4:12] which adds up to more than the available estate. A second example: A man leaves only his mother, his wife and two sisters, then they receive 1/3 [mother, 4:11], 1/4 [wife, 4:12] and 2/3 [the two sisters, 4:176], which again adds up to 15/12 of the available property. " Please expalin in detail so that I can explain this in my posting Shakeel Hassan


Name of Mufti: Dr. Monzer Kahf

Content of Reply: Wa`alykum As-Salaamu wa Rahmatullahi wa Barakaatuh.



In the Name of Allah, Most Gracious, Most Merciful.



All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, we would like to thank you for showing keenness on knowing the teachings of Islam, and we appreciate the great confidence you have in us. We hope our efforts meet your expectations, yet we apologize for the late reply.



With regard to your question, Dr. Monzer Kahf, a prominent Muslim economist and counselor, answers:



“Allah, Exalted and Glorified be He, mentions in the Qur’an the general cases only, and the details are drawn by us. This is the rule always in the Qur’an and can’t be attributed to a mistake. It is rather the right thing because our religion is founded on trusting human intelligence. It always leaves a great deal of the rulings of Shari’ah to be drawn by human intelligence.

In inheritance, there are two groups of heirs. A share group (called As-hab Al-Fara’id) and a residual group (called As-hab Al-‘Asabah). The shares are given in their general forms as 1/8, 1/6, 1/4, 1/3, 1/2, and 2/3 and the distribution of residual is given as a formula of “a male having twice as much as a female.”

The application of these principles is left to the human intelligence as it always depends on the number of heirs and their relationship to the deceased. In most actual cases there are heirs of the two groups. There are also several cases where the total of shares adds to more (or less) than one. These cases cannot be considered as mistakes because the distribution remains in the same proportion of the shares as given in the Qur’an. The cases that add to more than one are known in Fiqh as cases of “`Awl” which means “reverting to”. In other words, these cases revert to a distribution that maintains the same internal proportions of the given shares although they add up to more than one. It works as in the following examples:

Husband + 2 daughters + one parent: 1/4+2/3+1/6=13/12, shares are distributed out of 13;

Husband + 2 daughters + two parents: 1/4+2/3+1/6+1/6=15/12, shares are distributed out of 15;

Husband + 2 sisters + mother: 1/2+2/3+1/6=8/6, shares are distributed out of 8;

Husband + 2 sisters: 1/2+2/3=7/6, shares are distributed out of 7;

Wife + 2 daughters + two parents: 1/8+2/3+1/6+1/6=9/8, shares are distributed out of 9.

By the same token, human intelligence also works in cases that add up to less than one. This is known in our Fiqh as cases of “Radd” which literally means “rendering” as in the following examples:

One daughter (or one sister) only, alone with no other heirs: 1/2. Remaining 1/2 is rendered back to her;

Two daughters (or sisters) only: 2/3. Remaining 1/3 is rendered back to them;

Wife + 2 sisters + mother: 1/8+2/3+1/6=23/24, (by the way, you quoted this example wrong because when there are sisters mother takes only 1/6 as indicated in 4:11) the remainder is distributed to sisters and mother in the same proportion, no rendering to either husband or wife;

Mother alone, and mother with daughter(s) (or sisters) only, there is always a remainder of two third, one third or one sixth, it is rendered to them proportionally.

These examples indicate that the issue is not a matter of mistakes, but of giving the principles and leaving the numerous details to human intelligence. Only those who are not satisfied by getting principles only and do not want to use human intelligence may think of errors or mistakes!



Do keep in touch. If you have any other question, don't hesitate to write to us.



Allah Almighty knows best.

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Islam's Stance on Homosexual Organizations

Topic Of Fatwa: Homosexuality
Question of Fatwa: As-Salaam `Alaykum warahmatullahi wa barakatuh!

I do not know whether you’ve heard about an announcement of establishing a sexually stray organization consisting of gays and lesbians who claim affiliation to Islam. Its ideas are disseminated and promoted by means of their site on the World Wide Web.
Some of the affiliates and sustainers of this organization allege that there is no proof in the Qur’an that forbids this sort of sexual conduct and that those who engage in such activities are excused because this issue is dependent on the genetic make-up of humans. Furthermore, they engage in these activities with mutual consent of both parties without any coercion or harm. They argue that some other religions have permitted their followers (who have this orientation) to establish places of worship specifically for themselves. This group claims that it is permissible for them to establish special masjids for themselves whereby one of their members can act as an Imam. This way they can satisfy their spiritual needs after satisfying their need for homosexual conduct.

What is the position of Islam on this conduct? And what is Shari’ah verdict on this affair? And is it true that some Muslim scholars do not view stray sexual conduct as a crime detested by the Shari’ah or punishable by Islamic law? Benefit us, may Allah have mercy on you.


Name of Mufti: Dr. Taha Jaber Al-`Alwani

Content of Reply: Wa `Alaykum As-Salaam Waramatullah Wabarakatuh!

In the Name of Allah, Most Gracious, Most Merciful

All thanks and praise are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, thanks for posing this question, which reflects your great concern about Islam and your keenness to get acquainted with the teachings of this noble religion. May Allah Almighty help us all stick firm on the Right Path, Ameen!

As for your question, it should be clear that homosexuality is sinful and shameful. In Islamic terminology it is called 'Al-Fahsha' or an atrocious and obscene act. Islam teaches that believers should neither do the obscene acts, nor in any way indulge in their propagation. Allah says, "Those who love (to see) obscenity published broadcast among the Believers will have a grievous Penalty in this life and in the Hereafter: Allah knows, and you know not." (Al-Nur: 19)


Dr. Taha Jaber Al-`Alwani, President of the Graduate School of Islamic and Social Sciences and President of the Fiqh Council, states:

“Before we elucidate the details of the Shari’ah verdict on this conduct we would like to mention what is stated in the Noble Qur’an about it and about the people who engage in this activity as well as what befalls them of painful worldly punishment before the severe punishment of the Hereafter.



The intent here is to show the great deception placed by those who allege that the Qur’an does not find this homosexual crime reprehensible. Allah, the Almighty, says: “We also (sent) Lut: He said to his people: ‘Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women : ye are indeed a people transgressing beyond bounds.’ And his people gave no answer but this: they said, ‘Drive them out of your city: these are indeed men who want to be clean and pure!’ But we saved him and his family, except his wife: she was of those who legged behind. And we rained down on them a shower (of brimstone): Then see what was the end of those who indulged in sin and crime!” (Al-Araf: 80-84)

Allah also says: “(We also sent) Lut (as a messenger): behold, He said to his people, ‘Do ye do what is shameful though ye see (its iniquity)?’ Would ye really approach men in your lusts rather than women? Nay, ye are a people (grossly) ignorant! But his people gave no other answer but this: they said, ‘Drive out the followers of Lut from your city: these are indeed men who want to be clean and pure!’ But We saved him and his family, except his wife; her We destined to be of those who lagged behind. And We rained down on them a shower (of brimstone): and evil was the shower on those who were admonished (but heeded not)” (Al-Naml: 54-58)

Almighty Allah also says: “(And (remember) Lut: behold, he said to his people: ‘Ye do commit lewdness, such as no people in Creation (ever) committed before you. Do ye indeed approach men, and cut off the highway? and practise wickedness (even) in your councils?" But his people gave no answer but this: they said: ‘Bring us the Wrath of Allah if thou tellest the truth.’ He said: ‘O my Lord! help Thou me against people who do mischief!’ When Our Messengers came to Abraham with the good news, they said: ‘We are indeed going to destroy the people of this township: for truly they are (addicted to) crime.’ He said: ‘But there is Lut there.’ They said: ‘Well do we know who is there: we will certainly save him and his following-except his wife: she is of those who lag behind!’ And when Our Messengers came to Lut, he was grieved on their account, and felt himself powerless (to protect) them: but they said: ‘Fear thou not, nor grieve: we are (here) to save thee and thy following, except thy wife: she is of those who lag behind. For we are going to bring down on the people of this township a Punishment from heaven, because they have been wickedly rebellious.’ And We have left thereof an evident Sign, for any people who (care to)understand.” (Al- Ankaboot:28-35)

In all of these glorious verses, Allah, the Almighty, revealed the actions of the people of Lut with the term “abominable” [lewd, atrocious] and their village were named as villages that committed “wickedness”. Furthermore it is known that the word “fahisha” (abominable) in this context means the act of adultery and the actions committed by the people of Lut of (male) sodomy and (female) lesbianism.

These groups claim that these verses do not indicate that this type of sexual conduct is prohibited but merely discouraged. They claim that if this conduct had been prohibited the Qur’an would have stipulated explicitly a legal punishment for such an affair and therefore the lack of any text that stipulates a punishment for such conduct shows that it is something allowed.

But a necessary connection between legal punishment on the one hand and something being prohibited on the other hand is not an accurate observation because (as we know) polytheism is a grave injustice and it is considered the greatest sin by Allah, despite this there is no Shari’ah statute or legal punishment that can be applied to polytheists whether they are Magians, cow worshipers or any other polytheists. Thus a punishment is one thing and an action being sinful is another thing.

In fact, great sins like that of Lut’s people are often punished in the Hereafter because its punishment is greater than this worldly punishment and the humiliation of the Hereafter is greater than the humiliation in this world. Furthermore, punishment in the Hereafter, like entering the Hell-Fire and incurring Allah’s curse - may Allah save us from it - and the banishment from Allah’s mercy, is more harmful and burdensome than any other worldly punishment.



The scholars of this Ummah are in agreement and have reached consensus - based on what has been revealed in the Qur’an and what has been authenticated in the Prophetic Tradition (Sunnah)- on prohibiting both behaviors (gayness and lesbianism) because in each of two actions there is an assault on the humanity of a person, destruction of the family and a clash with aims of the Lawgiver, one of which is the establishment of sexual instincts between males and females so as to encourage the institution of marriage.

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Islam does not view sexual desire as the main aim of marriage; for marriage is a means to acquire tranquility and to actualize the love and mercy between spouses. Furthermore, it is a means for the survival of human kind and fostering a web of sound relations that aid in building sound families that constitute the smallest units for the society at large; this healthy society being the final aim of Islam.

Actually, humans are not animals controlled by their sexual instincts, answering the call of sexual desires every time it is aroused in them. Rather, it is their responsibility to know how they can orient this craving, which is a trust Allah has implemented in them, both male and female, in addition to the will and power to choose, a blessing Allah has bestowed on humans; all this is what distinguishes them from the rest of the creatures in that they orient their conduct and do what is good.

So, viewing (material) desires as aims in themselves is a deviation from one’s natural disposition and a departure from the natural order. If the trend in the West is to legalize this conduct, it should be noted that such things did not materialize until after religious values had been diluted and had been changed to relative values that glorify individuality and make pleasures as an end and aim.

Furthermore the confusion about the concept of the Hereafter and other issues gives rise to confusion about sexuality and hence the occurrence of this anarchy; From here covetousness and greed arose to push for the establishment of numerous industries built for the purpose of stirring up passions such as sexual tourism, the making of lewd films, the promotion of sexually gratifying instruments and other things. The result is the destructions of the concept of family and its values and confusion arose about appropriate kinds of relationships between males and females to the point that we see families being formed from two males or two females.

In their commentaries on Allah’s words: “If any of your women are guilty of lewdness, Take the evidence of four (Reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way. If two men among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful” (An-Nisa:15-16), some scholars have stated that the meaning of the expression “Al-lati” (in the verse) is Lesbians who practice deviant conduct amongst themselves and the meaning of the expression “ Al-ladhani” in the verse is homosexuals who practice this conduct amongst themselves; and their punishment being through words and action.

In Hadith, the Prophet, peace and blessings be upon him, clarifies the gravity of this abomination by saying: “Allah curses the one who does the actions of the people of Lut” repeating it three times; and he said in another Hadith: “ If a man comes upon a man then they are both adulterers”

Here, he considered homosexuality tantamount to adultery in relation to the Shari’ah punishments because it is an abomination on the one hand and the definition of adultery applies to it on the other hand. It has also been narrated from the Companions (may Allah be pleased with them) that this crime deserves severe punishment more than that of adultery to insure its deterrence and restraint. Verily, the punishment here is the burning of both homosexuals (the actor and acted upon) or stoning them with rocks till death because Allah Most High stoned the people of Lut after demolishing their village.

As for lesbians, the Prophet, peace and blessings be upon him, said about them: "If a woman comes upon a woman, they are both Adulteresses”. The scholars mentioned that it is incumbent on the authority to enact a reprimand on lesbians that is fitting to the crime committed.

It is true that some of the scholars disagreed with these punishments not because of doubt that these actions constitute a crime, but because of a lack of divine textual stipulation for a worldly punishment. But the actions of the Prophet’s Companions do indicate that in fact this crime has a worldly punishment, to be carried out by those in authority among the Muslims. The story of Abu Bakr Al-Siddiq when Khalid Ibn Al-Waleed wrote to him on this matter is famous and can be referenced in many sources.

The story referred to above goes as follows:

"In his book Fat-h al-Qadir, the famous Hanafi scholar, Ibn al-Humam states:

“Al-Bayhaqi reported in his book Shu`ab al-Iman on the authority of Abu ad-Dunya that Abd al-`Aziz ibn Abi Hazim related from Dawud ibn Bakr who related from Muhammad ibn al-Mukadir the following:

“Khalid Ibn al-Walid wrote to Abu Bakr [seeking the legal ruling] concerning a man with whom another man had sexual intercourse. Thereupon, Abu Bakr gathered the Companions of the Prophet, peace and blessings be upon him, and sought their opinion. `Ali, may Allah be pleased with him, was the strictest of all, saying, 'Only one nation disobeyed Allah by committing such sin and you know how Allah dealt with them. I see that we should burn the man with fire.’ The Companions unanimously agreed on this.” This incident is also mentioned by al-Waqidi under the subject of apostasy at the end of the section on the apostasy of Bani Salim.

In brief, verily this conduct, whether it comes from two males or females, is considered an abomination and a crime. Therefore, what these lewd people allege is not accepted by Islam at all and is rejected completely. Moreover, the fact that some religious groups, due to being pressured, have allowed their followers to engage in this conduct cannot be considered as justification for prohibited actions. There is precedence in history of some people changing their religions by adding and subtracting from them. As for Islam, it is unequivocal in this matter, for it does not accept any bargaining in any situation whatsoever.

The Muslim needs to take precautions against these deviants and not to give them any opportunity to mix with and corrupt their children. Furthermore, they are neither fit to establish masajid and frequent them, nor are they fit to lead those who frequent the masjid whomever they may be. More importantly for them is to seek a cure for themselves from their own illness, to purify their souls from whatever filthiness became attached to it, and return to a sound path instead of mocking and ridiculing the sentiments of Muslims.”

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Name: Mary - United States

Title: Qur’an: A Racist Book or a Global Message?
Question: I was reading in the Qur’an, when I found the description of Jews as pigs. I do not understand, this sounds very racist. Muslims always say that Islam is the religion of peace, but it just doesn’t match. Sorry if I sound rude.

Name of Consultant: Nabil Haroun
Content of Reply:

Salam Mary,

Thank you so much for corresponding with Ask about Islam.
One could fall into serious misconceptions if he or she picks a word out of context such as “Jews as pigs”, and jump to the conclusion that the Qur’an describes all Jews alone, past and present, as pigs, and then proceed to make three further jumps: The Qur’an is racist, Arab Muslims (who are mainly Semite) are anti-Semitic, and, finally, Islam is a violent anti-peace doctrine.

In the verse which gives the meaning of:
*{Say: Shall I inform you of (him who is) worse than this in retribution from Allah? (Worse is he) whom Allah has cursed and brought His wrath upon, and of whom He made apes and swine, and he who served the Shaitan; these are worse in place and more erring from the straight path.}* (Al-Ma’idah 5: 60)

The meaning of the word swine (or pigs in other translations) should be explained in the context of the complete verse. Similarly, the verse should be interpreted in the context of the whole surah, and the whole issue should be understood in the framework of the whole Book (Qur’an) and the message (Islam). Further, one should be fully aware of historical facts and be alerted of common (forcibly publicized) stereotypes.

The reference in the verse is obviously to some who acted in a mischievous manner towards God, His messages, and Messengers. The rationale behind cursing some for their sinful stances and deeds could be gradually unfolded if you read through the preceding verses which give the meaning of:
*{O you who believe! do not take for guardians those who take your religion for a mockery and a joke, from among those who were given the Book before you and the unbelievers; and be careful of (your duty to) Allah if you are believers. And when you call to prayer they make it a mockery and a joke; this is because they are a people who do not understand. Say: O followers of the Book! do you find fault with us (for aught) except that we believe in Allah and in what has been revealed to us and what was revealed before, and that most of you are transgressors?}* (Al-Ma’idah 5: 57-59)

Objective in-depth reading of the chapter and other parts of the Qur’an leads logically to the following:
The words “monkeys and pigs” here are not to scold or revile these persons; rather, they express condemnation of their deeds. They do not condemn a specific race or a whole race, but only those whose mentality and conduct are as described. So, it is their deviation from the proper divine guidance that makes such individuals deserve to be turned into monkeys (behaving thoughtlessly) and pigs (neither bashful nor shy of wicked acts).

The deviations and blunders for which they deserved such severe descriptions are not only those referred to in Surah 5 (Al-Ma’idah) of the Qur’an, but are expounded in more details in Surah 2 (Al-Baqarah). Further examples can be traced in other scattered locations of the Qur’an, from which you can form a long list.

In listing these deviations, the Qur’an does not so much aim to discredit Jews or Christians as it serves five of the major objectives of Islam:
1. Emphasize the unity of the message of God which He sent to all His prophets and messengers, starting with Adam then Nuh (Noah), Ibrahim (Abraham), Musa (Moses) and `Isa (Jesus); ending with Muhammad (peace and blessings be upon them all), and including all genuine prophets of God.

2. Remind mankind that all the messages of all the prophets prior to Muhammad have been tampered with: either lost, compromised with pagan beliefs, or intentionally distorted. Revealed texts were either neglected, modified, or replaced with human texts given the status of “holy” books.

3. Offer Islam—as presented in the Qur’an and the detailed guidance of the Last Messenger—to be the final universal message to mankind. Thus it was to be (and has been) preserved unchanged to the end of time.

4. Keep a permanent reminder and warning to those who accept Islam, not to repeat the mistakes of some of the followers of previous messages.

5. Present Islam as a universal message and an open invitation to all nations and all generations. Being a universal message, Islam does not recognize superiority for a particular race, color, or language; nor is it based on wealth, social status, or personal talents. Superiority is based only on sound faith, sincere obedience to God, pious behavior, and positive competition in all types of charity and good deeds. It is only along these scales that people are differentiated in Islamic law and in the Hereafter.

Applying the guidance of this unique book, the Qur’an, the global nation of Islam was like a crucible, in which all races, cultures, and environments were fused into one unprecedented “global civilization.” It was the only genuine “global system” of unity, equality, justice, and welfare ever witnessed on this earth.

If you have any further queries, please do not hesitate to ask. Thanks.