Part 5

However, no particular outfit is made obligatory based on the usual costume of the Prophet's days or the habits of men and women's wear then, so that none but this particular outfit would be permissible. Women in those days used to wear gowns with trains that would trail behind them whereas men were ordered to wear only ankle-length outfits.

Thus, when the Prophet forbade men to wear long outfits that would hang down, he was asked, "What about women?" He said, "They are to wear garments that would hang down only a few inches, i.e. equal to the span of the hand." They said, "Their legs would hence be shown." He said, "Then it should be an ell and no more."

That is why when a women has her gown trailing behind her over filthy places then over clean places, her gown is immediately made clean, according to a host of scholars belonging to Ahmad's school. This trailing gown is thus regarded as similar to the shoes that are in constant contact with filth and is thus made clean by rubbing it against hard surfaces, just the same way that liquids are made clean since they both come in contact with filth.

Apart from that, if a woman wears trousers or huge hard

shoes over which a long loose garment hangs down in such a way that does not display the size of her feet, this will have achieved the intended purpose. Conversely, soft close-fitting shoes that display the size of the feet are among men's wear.

Similarly, a women is allowed to wear manly coats and furs if she needs to in order to warm up in cold weather. So if it is claimed that women then did not use to wear furs, the answer will be that this depends on whether there is a need to. Cold countries call for thick clothing for warmth, which are not required in hot countries.

Thus, the difference between men and women's wear is based on what is fit for each of them and what will enable each of them to fulfill what they are commanded to do. Women are commanded to take the veil and not to show their beauty publicly.

They are thus not allowed to call for prayer, to make devotional calls (talbiya), to go up the Safa and Marwa Mounts nor to undress in /hram (the state of sanctity) the way men are commanded to.

Man, on the other hand, is commanded to uncover his head and not to wear conventional tight-fitting clothes, such as shirts, trousers, shower robes, nor shoes. However, since he needs to cover his private parts and wear some clothes to walk around in, he is permitted to wear trousers if he cannot find shifts and to wear shoes if he cannot find slippers.

These are therefore alternatives to meet the general need in contrast to what man needs to meet some private needs such as cold weather or illness, cases that call for paying a ransom. That is why Abu Haneifa ruled out this deduction and many disagreed with it depending on the authentic Prophetic sayings and because of the difference between both cases.

Q: Is it unlawful for women to wear turbans? What kind of turbans are women recommended to wear? Are they allowed to wear close-fitting shoes?

A: These turbans that women wear are unlawful. The prophet, peace

be upon him, is narrated to have said, "I have not yet come across two categories of Muslims who will be tortured in Hellfire: women who are dressed yet naked, and who walk and strut with a swinging gait, they shall not be admitted into heaven, nor will they ever come close to it, and men who walk around with whips that look like tails of cows wherewith they lash Allah's servants."

Is a Christian woman to be buried among Muslims?

Q: A Christian woman was married to a Muslim, and was seven months pregnant when she died. Is she to be buried in Muslim's or Christians' cemetery?

A: She is not to be buried either in Muslims' or in Christians' cemetery since both a Muslim and a Christian are involved and a Muslim is not to buried among the disbelievers, nor is a disbeliever to be buried among Muslims.

The Christian woman is to be buried alone with her back facing the qiblah, since the baby's face is towards his mother’s back. Bury’ng the woman this way, the Muslim baby will be facing the qiblah. A baby is born Muslim if his father is Muslim, even if his mother is not, as unanimously agreed on by all scholars.

Zakah Zakah of Jewelry

Q: Is jewelry subject to Zakah?

A: According to Malek, Allayeth, Ashafei', Ahmad and Abu Obayd, no Zakah is due on women's jewelry. On the other hand, Marwei Ibn Omar, Ibn Masoud, Ibn Abbas, Ibn Omar and others maintain that Zakah I due on women's jewelry.

Regarding men's adornments, no Zakah is due on lawful adornments such as swords adornments and silver rings. As for unlawful adornments, such as gold and silver utensils, no Zakah is due. Concerning adornments that were a point of controversy such as helmets and shields adornments, obligating Zakah was again a bone of contention. According to Malek and Ashafei' , Zakah is due on them and they are declared unlawful to keep.

Abu Haneifa and Ahmad declared them lawful adornments provided they are made of silver. As for horses adornments, such as saddles and bridles, the majority of scholars maintain that Zakah is ordained on them.

Malek, Ashafei' and Ahmad proclaimed them unlawful to keep. Likewise, Zakah is due on inkwells, kohl containers and things of the sort, be they made of silver or gold.

Zakah on a woman's dowry

Q: If a woman is unable to demand her dowry of her husband for years lest this should cause a falling-out, then she is compensated for it by an estate or she is paid the full dowry years later. Is she to pay due Zakah for the previous years or is she only to pay a year's Zakah 12 months after she was paid her dowry?

A: Scholars differed on this issue.

Some maintained: Zakah of the previous years is to be paid, be the husband rich or poor, according to one of the two opinions in Ashafei and Ahamd's schools.

Others believed: Zakah of the previous years is due only if the husband is rich and if she has actually been paid the dowry. Yet, if this is not the case, no Zakah is due, according to the second opinion in their school.

Others claimed: Zakah is due for only one year, according to Malek and one of the opinions in Ahmad's school.

Others thought: No Zakah is due at all, according to Abu Haneifa and one of the opinions in Ahamd's school.

The most far-fetched opinion is the one obligating paying Zakah_ for the previous years, even when a woman has not been paid her dowry. This opinion is invalid. Ordaining Zakah on what one has not paid is against the Shariah. Besides, with the years, Zakah can exceed the original sum of money. Moreover, if the appointed sum on which Zakah is due (Nisab) became less and Zakah is due only on this appointed sum, it would be difficult to figure out the Zakah to be paid.

The opinion believed to be most valid is the one that deem Zakah not due except after a whole year as of the date of payment or the one obligating one year's Zakah to be paid

upon getting the dowry. This opinion obviously rests on solid grounds, and is adopted by Abu Haneifa, Malek and a group of scholars belonging to Ahmad's school.

Can the grandmother be a legitimate recipient of Zakah if in debt?

Q: What about a poor woman who was in debt and had in her custody young grandchildren (her daughter's children) who had money. Are they allowed to pay Zakah to their grandmother? Does she come first on the list of worthy recipients?

A: According to the most valid of scholars’ opinions, they are allowed to pay their Zakah to her or to any of their relatives so they could pay back their debt.

As for paying her the Zakah to help her afford their daily bread, if she can afford the expenses of raising them or others, she is not to be paid the Zakah. However, if she needs Zakah, she is thus a legitimate recipient and is morality can others.

Is a pregnant woman, who is in no pain, allowed not to fast for the safety of her baby?

Q: Ifa pregnant woman was spotting on regular basis and midwives advised her not to fast for the safety of the baby, yet she was in no pain, would she be allowed not to fast?

A: Ifa pregnant woman fears for her baby, she is allowed not to fast provided that she fast an equal number of days later and to distribute a rotl of bread and accompanying food among poor people equal in number to the days she did not fast in Ramadan.

What is a fasting Muslim allowed to do? What would break his fasting and what would not?

Q: What about rinsing the mouth, sniffing water, tooth cleansers, tasting food, vomiting, bleeding, wearing perfume and kohl?

A: Scholars unanimously agree that a fasting Muslim can rinse his mouth and sniff water. The Prophet, peace be upon him, and his companions used to rinse their mouths

and sniff water while fasting. Yet, he said to Loqayt Ibn Sabrh, "Thoroughly sniff water unless you are fasting." He did not forbid him to sniff water but forbade him to overdo it. Likewise, it is unanimously agreed that it is permissible to use the tooth cleanser. However, they differed as to whether it is not commendable to use it after noon. Yet, no evidence based on the Quran or the Prophetic tradition was found sufficient to pose restraints on the general applicability of verses or the Prophet's sayings dealing with the tooth cleanser.

Tasting food: is not recommendable if uncalled for but does not break one's fasting, unlike rinsing one's mouth which is called for.’

Vomiting: if one deliberately causes himself to vomit, it breaks one's fasting. However, if one vomits against one's will, it does not.

Wearing perfume: does not break one's fasting as unanimously agreed on.

Bleeding: bleeding that cannot be helped such as bleeding induced by injuries, or cases of brandymenorrhoea or nose bleeding does not break one's fasting. Yet, it is unanimously agreed that menstruation and _ postnatal bleeding breaks a woman's fasting.

As for having one's blood drawn, it has been debatable among scholars whether this breaks one's fasting, yet it is generally believed to do. Similarly, bloodletting or