Part 2

Does the stepfather have the right to put the daughter of his wife from another husband

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When a group of people conspired to murder a person but just one of them performed the

When a man beats another and later the beaten person falls dead, what is the legal judgment

When a man and his divorced wife defame his present wife and accuse her of adultery, is their claim accepted? Is the dowry

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Praise be to Allah, the Lord of the Worlds. Blessings and peace be upon our leader Muhammad, his family, his companions, and those who follow his guidance until the day of judgement.

Two major elements drove me to shoulder the responsibility of introducing a publication of such an imminent Imam Like Ibn Taymyah to those who learn Islam from English literature. The first is the author who, undoubtedly, needs no word that may attempt to crystallize his stance among other jurists, be they of his time or any other generation or place.

The second is the subject itself which grasps the interest of the people at any time. As man, woman enjoys an equal share as to rights, responsibilities and duties, all of which are best suiting her nature. Since science confirmed that woman is created with so many differences in her biological nature, physical capabilities and mental faculties, it would be unfair to assign her the same responsibilities, duties and rights as man.

In other words, there is a difference between sameness “and equality. As man and woman are not the same in terms of — biological nature, physical capabilities and mental faculties, so they are not the same and it would be injustice to deal with both the same. But to put into consideration this

difference of nature is regarded as the core of justice and equality, the methodology adopted by Islam, the religion of the Creator of both man and woman.

As to Translation process, two things are considered. The first is the style which is free from literal translation which might lead to many misunderstandings on the part of reader especially when dealing with a classic style like that of Ibn Taymyah.

The second is the type of the fatwa. The source book comprises so many subjects that mostly concern man rather than woman. So the focus was centered on Fatwas which are confined to woman along with others that might appear to be interesting to woman.

We pray to Allah, the Exalted, to keep us on the right path to which He has guided us, and to bestow on us a blessing from Him, He is indeed the Most Merciful. Praise and gratitude be to Allah, the Lord of the worlds, and peace and blessings be upon prophet Muhammad, his family, his companions, and those who rightly follow them.

Altered water because of its being in a place for a long time

Q: What is the judgement of water if its color or taste is altered because of being in a place for a long period except its adore?

A: As to water being altered because of its being in a place for a long period, it is considered pure according to the majority view of scholars. As to the running Nile, if altered because of impurity mixed with it, it is impure. But if mixed with pure and impure elements and there is doubt as to whether it is pure or not, doubt is not sufficient basis to regard it as impure. In general seas don’t change because of these elements, but if there is a certainty that it is changed by impure elements, it is impure. But if changed by pure elements, then the two traditional views are quoted here.

Men and women having Ghusl (purificatory bath) from the same container

Q: What about men and women having path from the same container?

A: There is no difference of opinion among jurists as to the permissibility of such action. Had it been the case, it is worthier to allow men and women to have path from one container respectively. And any one dislikes sharing Ghus! with another from the same container or to seek another

bath to complete purification, is against the majority view.

Copper utensils inlayed with silver Q: what about copper utensils inlayed with silver?

A: As to utensils inlayed with silver or its like, no harm if silver is little provided that needed and not of direct use. But if silver is too much, there are two views according to Alshafei and Ahmad. If silver is used for beautification and rings, it is permissible. As to utensils inlayed with gold, it is prohibited be it little or much.

There is a difference of opinion among the companions of Imam Ahmad as to the permissibility of performing _ ablution and purifacatory bath from gold and silver utensils. This difference is based on the rule of all things whose observance is obligatory while there are restrictions on seeking the permissibility like performing prayer in usurped land and prohibited clothes and performing pilgrimage with unlawful money. As to the matter in

question, there are two opinions according to the companions of Imam Ahmed. The first is, tat it is permissible, which is the opinion of Alkhargqi and others. The second is that it is not permissible, which the opinion of Abi Bakr.

The supporters of the first view drew two differences to support their view; the first is that prohibition here is separated from worship where the utensil is separated from the element of ablution which is different from the one who is wearing the prohibited or eating it or setting on it. In such case he is like one going to perform Friday prayer using usurped means.

Others deemed this difference weak saying that no difference could be claimed between putting the hand in the utensil or ladling with hands from it, and the prophet (may peace be upon him) said that the Billy of the drinker from gold and silver utensils is gargling with the hell fire. The second if prohibition touches the pillars and conditions of prayers, the prohibition is considered otherwise it will not affect its validity.

Q: What the rule of circumcision of women?

A: As man, circumcision should be observed to woman. Circumcision for woman consists of removing the prepuce

from the clitoris (not the clitoris itself, as some mistakenly assert). In this regard the prophet (may peace be upon him) said: “Do it (circumcision) mildly without extreme, for it is healthy for both man and woman”

This hadith maintains that circumcision is meant only to make woman be able to control her lust, so it should be moderate without extreme. As to the circumcision of man, it consists of removing the prepuce from the. penis to clean the filth that might gather in it,

Wiping over the head cover Q: What about wiping the head cover?

A: Praise be to Allah, if there is any fear cold, she could wipe over the veil. It was reported that Um Salamah was used to wipe over her veil. She should wipe some of here hair along with the veil. But if there is no need to wipe over the veil, the scholars differ in such case.

Q: Does touching women nullify ablution or not?

A: there are three views as to touching women. The first which is the view of Imam Al-Shafie, which is regarded as the weakest, who maintains that ablution is

nullified by touching women even if they touch without sexual desire if the one of the opposite sex evokes sexual desire. This view is based on the Quranic verse that reads: “or ye have been in contact with women”

The second view holds that touching doesn’t nullify ablution even if sexual desire is evoked. This view is the view of Imam Ahmad.

The third, which is the view of Imam Malik, is that if touching is for the sake of sexual desire, ablution is nullified otherwise ablution still valid.

As to the view that holds ablution nullified by the act of touching a woman, it is against the consensus of companions and no text or Qias (analogical deduction) that may support this view. As to the verse that reads:

“or ye have been in contact with women”,

Umar said that if touching means touching with the hand or kissing, it refers to touching for the sake of sexual desire like what is indicated in the following verse:

“but don’t associate with your wives while ye are in retreate in the mosques.”

Approaching women without sexual desire is not prohibited while approaching women in the mosque. The same also applied to the following verse:

“but if ye divorce them before consummation” and “There is no blame on ye if divorce women before consummation”.

According to the majority view of scholars if he divorces his wife before he approaches her with sexual desire, no waiting period, dower or the prohibition that based on

marriage relationship. But if he approaches her with sexual desire and practices marriage relationships, the matter is different and there is difference of opinion among jurists in the school of Imam Amad.

In light of the foregoing verses and the explanation regarding the word contacting, the view that claims touching in the verse “or ye have been in contact with women” refers to touching without sexual desire contradicts the references imbedded in the Quran and goes against its meaning in the general language of the people.

Touching the Holy Quran

The jurists are all agreed that it is forbidden to touch the Quran while one is ina state of impurity. He derives his support from a hadith in the two Sahihs in which it is stated that The Prophet (peace be upon him) sent a letter to Amr ibn Hazm in which he said: “The holy Quran is to be touched only by pure person”. This is the view of Sulaiman Al-Faresey and Abd ullah bin Umar and all companions.

Carrying the Holy Quran Q: What about carrying the holy Quran in the state of impurity?

A: It should be carried shrouded with any thing like

clothes or the like, be it confined to man or not.

Reading the Quran during puerperium (Nifas)

Q: What about a woman in puerperium: is she allowed to read the Quran while in confinement? Is she allowed to engage in sexual intercourse before the forty days are over? If the forty days are over but the woman has not performed the purificatory bath, is she allowed to engage in sexual intercourse?

A: The four scholars unanimously agreed that it is unlawful for a woman to engage in sexual intercourse before the bleeding stops. If the bleeding stops before the forty days are over, she is to perform the purificatory bath and pray. However, her husband is not allowed to copulate with her before the forty days are over. As for reading the Quran, if she does not fear forgetting the verses she memorized, she is not to read the Quran.