Can a Dead Fetus Be Buried Along With Its Mother?

Question: Can a dead fetus be buried along with its mother?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

Yes, when a woman dies while pregnant and a fetus dies inside her, they do not have to be buried separately.

If, however, the woman dies and the fetus is still alive, the baby must be aborted. If then the baby is born by a cesarean section from the dead mother, shows signs of life, and then dies, it must be washed and prayed over, and it also must be shrouded and have its own burial. (Bushra al-Karim, Ba-Ishn)

I pray this helps.

[Ustadh] Farid Dingle

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.

 

Responsibility of the Milk Mother

Question: I nursed a friend’s child for about a month while she worked. Her mother was nursing and had to work and she refused the formula, so she told me to go ahead and nurse her. Years passed and her mother asked me to be sure I nursed her daughter enough times to make me her milk mother. I assured her I had. It seems she did not wish me to be her milk mother and she resented me for it even though she instructed it. We later had a falling out and she has not spoken to me since. What is my responsibility to my milk daughter and her mother?

Answer:

Assalamu alaykum,

Thank you for your question. I empathize with your frustration, as you had not done anything wrong. I pray that you can reconcile with her, not just because of your milk-daughter, but because she is your sister in Islam.

Responsibility

As for your relationship with your milk-daughter, she is like your daughter, and your sons are like her brothers. Your husband and your father are her mahrams. There is no financial responsibility upon you toward her, but rather, the basis of your relationship is love, respect, and honour. See the details here:
https://seekersguidance.org/answers/general-counsel/can-you-tell-me-about-the-role-one-takes-as-a-babys-milk-father/

Generally speaking, it is always worthwhile to try and get along with people even if they have been unjust or have wronged you. While you mustn’t allow someone to disrespect you, you can tell her that you are not comfortable with this silence between you and that you would like to reconcile. If she refuses, at least there is no sin upon you. If she demands an apology, you could apologize once, for the sake of Allah.

This du`a will benefit you in sha Allah:

اللَّهُمَّ أَلِّفْ بَيْنَ قُلُوبِنَا وَأَصْلِحْ ذَاتَ بَيْنِنَا وَاهْدِنَا سُبُلَ السَّلاَمِ وَنَجِّنَا مِنَ الظُّلُمَاتِ إِلَى النُّورِ وَجَنِّبْنَا الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَبَارِكْ لَنَا فِي أَسْمَاعِنَا وَأَبْصَارِنَا وَقُلُوبِنَا وَأَزْوَاجِنَا وَذُرِّيَّاتِنَا وَتُبْ عَلَيْنَا إِنَّكَ أَنْتَ التَّوَّابُ الرَّحِيمُ وَاجْعَلْنَا شَاكِرِينَ لِنِعْمَتِكَ مُثْنِينَ بِهَا قَابِلِيهَا وَأَتِمَّهَا عَلَيْنَا

“O Allah, join our hearts, mend our social relationship, guide us to the path of peace, bring us from darkness to light, save us from obscenities, outward or inward, and bless our ears, our eyes, our hearts, our wives, our children, and relent toward us; Thou art the Relenting, the Merciful. And make us grateful for Thy blessing and make us praise it while accepting it and give it to us in full.”

May Allah reward you for your sincerity and for doing the right thing.

[Ustadha] Shazia Ahmad

Checked and Approved by Shaykh Faraz Rabbani

Ustadha Shazia Ahmad lived in Damascus, Syria for two years where she studied aqidah, fiqh, tajweed, tafseer, and Arabic. She then attended the University of Texas at Austin, where she completed her Master’s in Arabic. Afterward, she moved to Amman, Jordan where she studied fiqh, Arabic, and other sciences. She recently moved back to Mississauga, Canada, where she lives with her family.

Naming a Daughter Paradise

Question: Is it okay to name one’s daughter one of the names of Paradise?

Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

It is permissible to name one’s daughter Jennah, Firdaws, or Illiyyin, or any other name of Paradise. These are all beautiful names.

However, the Early Muslims did not use these names, and it would be better to use a name like Fatima, Khadija, or Maryam, or any other righteous women of the past.

Please also see:
https://seekersguidance.org/answers/general-counsel/is-it-permissible-to-name-ones-daughter-barakah/
https://seekersguidance.org/answers/general-counsel/it-is-permissible-to-name-a-child-jalal/

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language

Best Names to Name a Child

Question: What are the best names to name a child?

Answer: The Prophet (Allah bless him and give him peace said), ‘Indeed, the most beloved names to Allah are Abdullah and Abdurrahman’ (Muslim).

He also said, ‘Name [children] after the prophets. The most beloved names to Allah are Abdullah [the Slave of Allah] and Abdurrahman [the Salve of the Most Merciful]; the truest of them are Harith [The Ploughman] and Hammam [the Resolute]; the ugliest are Harb [War] and Murra [Bitter] (Abu Dawud and others).

Based on the hadiths above the best names are Abdullah, then Abdurrahman, then Muhammad, and then the names of the prophets (Bushra al-Karim, Bashin).

In light of this, it seems to me that the best name on the list provided is Muhammad Ahmad Saim because it has two names that refer to the best of prophets (Allah bless him and give him peace): Muhammad and Ahmad. And Allah knows best.

I pray this helps.

[Ustadh] Farid Dingle

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language

The Ruling of Shaving a Newborn’s Head in the Hanafi School?

Question: What is the ruling of shaving a newborn’s head in the Hanafi school? Why is it not considered a sunna?
Answer:
In the Name of Allah, the Most Merciful and Compassionate
The act of shaving the head of the child is established from the Hadith of the Prophet (may Allah bless him and give him peace), however, the scholars differed over the exact meaning of the Hadith and its legal ruling.
The Messenger of Allah (may Allah bless him and give him peace) said, “With the child, there is an ‘Aqiqa, so spill forth blood on their behalf and remove from them harm” [Bukhari].
In this narration, some scholars understood the statement ‘remove from them harm’ to mean the hair that the child was born with. Others took it to mean circumcision and yet others took it to have a general meaning [Mulla ‘Ali Qari, ‘Umda al-Qari Sharh Sahih al-Bukhari].
However, the Hanafi school has not considered the shaving of the newborn’s hair to be intrinsically a Sunna, rather recommended.
The Term ‘Recommended’
The text that you quoted indicates the ruling of shaving the head, which is recommended or mustahabb in Arabic.
Recommended actions are such actions that one is rewarded for doing. However, one is not sinful nor blamed for not doing them [Shurunbulali, Maraqi al-Falah].
In the terminology of Islamic Jurisprudence, there is a difference between what is deemed a Sunna and what is deemed to be of a lower category.
The word sunna and the word recommended can sometimes be used interchangeably. In legal jargon, the word sunna when mentioned without any descriptor generally means an emphasized sunna or a sunna of guidance.
The word ‘recommended’ may be used instead of sunna because certain actions or commands of the Prophet (may Allah bless him and give him peace) fall unto one of the following example categories:
Examples of Recommended Acts
(1) The command is merely a command of recommendation, not an obligation. Generally, these types of commands are not directly related to the Prophet’s mission of conveying guidance, rather relate to general advice.
For example, the Prophet’s command to wear white.
He (may Allah bless him and give him peace) said, “Wear of your garments that which is white, for it is the best of your garments…” [Tirmidhi].
(2) The particular practice of the Prophet (may Allah bless him and give him peace) being a practice of habit or form not directly related to His mission of conveying guidance.
An example of this would be the method by which the Prophet (may Allah bless him and give him peace) drank water or the clothing He wore.
These are just examples to shed some light on the issue; this is not an exhaustive list.
Summary
Thus, even though one can say that wearing white or drinking sitting down are Sunna, Scholars would make a distinction between the sunna of wearing white and the sunna of praying the two units of prayer before Fajr.
The former is thus called by the scholars ‘recommended’ and the latter an emphasized sunna. Note, recommended is sometimes referred to as non-emphasized sunna [Shurunbulali, Maraqi al-Falah].
With that being said, the shaving of the newborn is recommended in the Hanafi school. In other words, it is a non-emphasized sunna.
Hope this helps
Allah knows best
[Shaykh] Yusuf Weltch

Checked and Approved by Shaykh Faraz Rabbani

 

Shaykh Yusuf Weltch is a graduate from Tarim; a student of Habib Umar and other luminaries; and authorized teachers of the Qur’an and the Islamic sciences

What Obligations Does a Person Have Towards His Illegitimate Child?

Question: An individual I know has asked for advice regarding the following situation he is in and has accepted gaining advice from the knowledgable scholars at SeekersGuidance.

Two years ago he made the mistake of having a child outside of wedlock. Please could you outline, if any, obligations that he has to the child outside of wedlock?

Answer:

Assalamu Alaykum

If he had this child with a woman who was not married, he may assert his paternity according to the view of some scholars. The child would then be seen as legitimately the child of the individual in question and would be entitled to all the rights a child is due by his father.

Even if the child is not considered legitimate and has no established lineage to the man in question because he/she was born out of wedlock, if the man knows that this child came into this world as a result of his actions, he should take responsibility for the well-being and proper care of the child as he would a child born in wedlock. This is the moral imperative. The sin of the man does not absolve him of this, and the child in question deserves to have the support of this individual.

[Ustadh] Salman

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Salman Younas was born and raised in New York and graduated from Stony Brook University with a degree in Political Science and Religious Studies. After studying the Islamic sciences online and with local scholars in New York, Ustadh Salman moved to Amman. There he studies Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. Ustadh Salman’s personal interests include research into the fields of law/legal methodology, hadith, theology, as well as political theory, government, media, and ethics. He is also an avid traveler and book collector. He currently resides in Amman with his wife.

Rights and rulings of an illegitimate child

Question: In the case of an illegitimate child, who is mahram to him/her, who has to support him, and what rights and obligations does the biological father have?

Short Answer:

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

Although a child born out of wedlock is technically not the child of the biological father, as a point of human and Islamic decency he should step up and help both financially and emotionally, where possible.

Fuller Answer:

The bed and the stone

The Prophet (Allah bless him and grant him peace) said, ‘The child will be attributed to the “bed” and the adulterer will receive the stone.’ (Muslim)

The “bed” here means the marital bond, such that the child will be ascribed to the husband of the wife unless he undertakes a public imprecation of her (lian). (Sharh Muslim, Nawawi)

Mahrams

In the case of a married woman committing adultery, the child would be the mahram of the husband of the child’s mother, and the mahram of his relatives. (Again, unless her husband legally disowns the child (lian wa nafy).)

Now if the woman was not married, she and her relatives, children, and future husband would all be mahrams to the child.

Finances

In the case of adultery when the husband does not legally disown the child (lian wa nafy), the husband of the child’s mother would be obliged to support him/her, and he/she will inherit from him. This would apply even after divorce.

Now if the woman was not married, then the child will only be ascribed to her and will have no legal father, so she, or whoever is obliged to support her, would be obliged to support the child. So, for example, if she got married in the future, her husband would then have to support the child.

The child would only inherit from her mother, and not her biological father or new stepfather.

The biological father would in principle have no rights or responsibilities whatsoever. Hence, the stone analogy in the hadith.

Taking some responsibility

When one is old enough to have sex, then one is old enough to take responsibility for one’s actions. Someone who gets a woman pregnant and walks away literally leaving her carrying the baby is extremely inconsiderate.

Being a single mum, no matter what government support this is no easy task. It is emotionally, physically, organisationally, mentally draining, and, for many, financially taxing.

Although it is true that a Sharia court would not oblige the biological father to take any emotional or financial role in the child’s life, there is nothing to say one should not step up and help out someone else in need. This is especially the case when one was the cause of the difficulty placed upon them.

Please also see:
https://seekersguidance.org/answers/general-counsel/can-i-claim-a-child-from-an-illicit-relationship/

I pray this helps.

[Shaykh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle  has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language

Naming our daughter Emaan

Question: 
Salaam,
We’re expecting our baby daughter to arrive this fall InshAllah, and had the name Emaan/ Imaan in mind. However, a relative told us that we aren’t allowed to keep the name Emaan on its own. It has to be followed by a middle name, which we were going to keep as her father’s name as we did for our son. She suggested Emaan Fatima and said that whenever we call our daughter, we will have to say both names and arent allowed to just say Emaan.

Answer: 
Wa alaykum as-Salaam

Thank you for writing to us.

Ibn Hajar, quoting the scholars, deducted from the hadith of the Messenger (Allah bless him and give him peace) two essential rules or guidelines with regards to naming children [Fath al-Bari].  They are:

1. Avoid names with bad meanings.

The Messenger (Allah bless him and give him peace) changed the name of one of the daughters of Umar (Allah be pleased with him). Her name was ‘Asiya (with an ‘ayn) which means disobedient and the Prophet (Allah bless him and give him peace) changed it to Jamila, which means beautiful [Muslim].  The name change of ‘Asiya to Jamila was also attributed to one of the wives of Umar (Allah be pleased with him), and Allah knows best [Tabaqat ibn Sa’d].

2. Avoid names that glorify (tazkiya) the person receiving the name.

The Prophet (Allah bless him and give him peace) changed the name of his wife, Zaynab bint Jahsh. Her previous name was Barra which means pious. The Messenger (Allah bless him and give him peace) changed her name for it contained self-glorification, and also, he did not want it to be said that when he left her home that he left barra or piety.

Emaan is undoubtedly not a bad name. I have seen certain scholars make the argument that the name entails self-glorification. However, their argument does not seem all that convincing. Emaan is a quality that makes us believers. Having this quality does not mean that we are angels or infallible. I may have Emaan in my heart and yet err. Accordingly, I do not see any excessive glorification in the name Emaan, and similarly, I do not see any problem with you giving your daughter that name.

And Allah knows best.
Abdurragmaan Khan

Checked and Approved by Shaykh Faraz Rabbani

Shaykh Abdurragmaan received ijazah ’ammah from various luminaries, including but not restricted to: Habib Umar ibn Hafiz—a personality who affected him greatly and who has changed his relationship with Allah, Maulana Yusuf Karaan—the former Mufti of Cape Town; Habib ‘Ali al-Mashhur—the current Mufti of Tarim; Habib ‘Umar al-Jaylani—the Shafi‘i Mufti of Makkah; Sayyid Ahmad bin Abi Bakr al-Hibshi; Habib Kadhim as-Saqqaf; Shaykh Mahmud Sa’id Mamduh; Maulana Abdul Hafiz al-Makki; Shaykh Ala ad-Din al-Afghani; Maulana Fazlur Rahman al-Azami and Shaykh Yahya al-Gawthani amongst others.

 

It Is Permissible to Name a Child Jalal?

Answered by Ustadh Farid Dingle

Question: It is permissible to name a child Jalal?

Answer: Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner, Thank you for your valued question.

Jalal is not one of Allah’s names such that one would ever say Abd al-Jalal [Slave of the Majesty]. Therefore such a name would not be forbidden.

It would be nicer to say Jalal al-Din [Majesty of the religion of Islam].

Names that discouraged [makruh tanzihan] are names that are ugly (like Dog, War, Ugly), names that are specific to Allah (like King of Kings), names that are too religiously presumptuous or things whose absence is not the sort of (like Good-one). (al-Majmu’ and Sharh Muslim, Nawawi)

These details are all borne out in hadiths in which the Prophet (Allah bless him and give him peace) changed people’s names, such as a woman who was called Asiya (with an Ayn) [Disobedient], and other women who were called Barrah [the Good-one]. (Muslim)

Similarly, the Prophet (Allah bless him and give him peace) said, ‘The vilest name in Allah’s eyes is King of Kings: there is no kinghood save Allah’s Mighty and Majestic.’ (Muslim)

Given that Jalal [Majesty] is not one of Allah’s names, it does not count as giving someone a name specific to Allah. That said, is it too religiously presumptuous? Or is it something whose absence is not the sort of. I’m not sure. But it doesn’t seem so.

Regardless, this name at worst would be discouraged [makruh tanzihan] and not forbidden.

There are many scholars who had the name Jalal al-Din [The Majesty of the Religion]: Jalal al-Din al-Rumi, Jalal al-Din al-Bulqini, Jalal al-Din al-Mahalli, Jalal al-Din al-Suyuti, to name but a few.

This name would be far superior. And Allah knows best.

For more information, please see:

Is it Permissible to Name Children with Names of Angels?
Can I Name My Baby Girl Inara Mayameen or Inara Al Mayameen?
Naming Children with the Names of Allah

[Ustadh] Farid Dingle

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.

‘Aqiqa for Adults – Is It Permissible?

Shaykh Abdul-Rahim Reasat is asked if it permissible to perform ‘aqiqa for an adult, and if so, how does one go about it.

Question:

Assalam alaykum wa rahmat Allah wa barakatuh.

My mother told me that she never had a ‘aqiqa done for her when she was a newborn. As such, I want to host one for her in the company of her family. My mother’s mother is currently alive and would insha Allah be present, however, her father has passed away.

Seeing as it is normally incumbent on the father to host the ‘aqiqa, is it permissible for someone else to financially host it in this circumstance? Can it be hosted by any one of her family members, including her children? Can it be a joint effort of multiple individuals or does it have to be carried out by one person only?

Given that she is an adult, does she have to be the one to carry it out for herself? We would like to host it for her as a surprise. Are there any rulings pertaining to this overall situation that we should be made aware of (that she is an adult, her father is not alive, that it is a surprise)?

Jazzakum Allah khayr for your time.

Answer:

Wa alaykum assalam wa rahmat Allah wa barakatuh.

I pray you are well.

The ʿaqiqa is a sacrifice of an animal to give thanks to Allah for a newborn child. In the Hanafi school, according to one position, the ʿaqiqa is merely permissible (mubah), and recommended as a voluntary act of worship according to another. The Shafiʿi and Hanbali schools see it as an emphasized sunna, and the Maliki school recommends it.

Based on this, it is not necessary to perform it for your mother. Doing so with the intention of sacrificing for the sake of Allah, and to show thanks for the blessing of the life your mother was given is a very virtuous act. In fact, sacrificing is part of what Allah, Most High, Himself commanded His Messenger, Allah bless him and give him peace, to do in order to show thanks to Him.

Sacrificing and feeding people are clearly mentioned by the scholars of tafsir with regards to Sura al-Kawthar 108:2. (Biqaʿi, Nazm al-Durar) These are acts which show gratitude to the giver of the blessing, and are a means for His creation to benefit from this blessing through being fed.

Should you choose to perform an ʿaqiqa, there are no hard and fast rules on how it should be done. You may do it in whichever way in convenient for you. You can keep the meat, or distribute it raw or cooked; with he bones broken or otherwise. (Ibn ʿAbidin, Radd al-Muhtar; al-Muwsuʿa al-Kuwaitiyya).

May Allah allow us to always thank Him for His favors upon us.

Abdul-Rahim

Checked and approved by Shaykh Faraz Rabbani.