Mortgage and Divorce

Answered by Shaykh Salman Younas

Question: Assalam aleykum

My ex husband and I put money together to buy a house. We did a mortgage and had to put each a down-payment. We bought a house then he made the payments for the monthly mortgage.I took care of all the bills for the house including feeding. Now we are divorcing and I would like to know what is the fair way to deal with the house.

Answer: In the Name of Allah, Most Merciful and Compassionate

assalamu alaykum

This is a difficult question for which I currently do not have a conclusive legal answer.

However, even in the absence of a clear shariah legal position regarding the division of assets in such cases, what I would advise you and your ex-husband is to reach an amicable and fair settlement (sulh). This should take into account both of your contributions – whether financial or otherwise – to your home, its purchase, and maintenance.

Engaging in an amicable settlement in cases of dispute is praised by Allah who says, “If a woman fears ill treatment or aversion from her husband, then, there is no sin on them in entering into an amicable settlement between themselves. Settlement is better. Although human souls are prone to selfishness, if you do good and are mindful of God, He is well aware of all that you do.” (Qur’an, 4:128)

This is the recommended way forward when it comes to matters of dispute. It may require involving people who have legal expertise and can fairly adjudicate the matter, but it should be the first step one takes in such situations.

[Shaykh] Salman Younas

Checked and approved by Shaykh Faraz Rabbani

Shaykh Salman Younas  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 where he spent five years studying Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. He is currently a PhD candidate at the University of Oxford and continues his traditional studies with scholars in the United Kingdom.

Inheritance and Half Siblings

Answered by Shaykh Salman Younas

Question: Assalam aleykum

My father married twice; his first wife passed away and then he married my mother. From his first wife he has 1 son and 2 daughters .
My father had 5 sons and 2 daughters from my mother.

My question is about the money left after my father passed away. Do my half siblings have any right to that money?

We also didn’t pay for my fathers funeral from that money, rather myself and a couple of my brothers contributed as we didn’t have access to the funds at the time. Does that money have to be paid back to them?

Answer: assalamu alaykum

1. All of your father’s children are entitled to a portion of the wealth he left behind. This includes children he had from any previous wives.

2. Regarding the funeral costs, this does not have to be paid back to them if they decided to pay for it with their own money. The funeral arrangements are the responsibility of the surviving family of the deceased.

[Shaykh] Salman Younas

Checked and approved by Shaykh Faraz Rabbani

Shaykh Salman Younas  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 where he spent five years studying Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. He is currently a PhD candidate at the University of Oxford and continues his traditional studies with scholars in the United Kingdom.

Can I Perform Friday Prayer (Jum’a) at Home During the Coronavirus Pandemic?

In this answer, Shaykh Faraz Rabbani clarifies that Friday prayers cannot be held at home when cancelled at local mosques. Instead, one may pray the dhuhr prayer in congregation where feasible. Shaykh Faraz also gives advice on how we can attain the spiritual benefit of this blessed day even as our regular routines are disrupted.

You will find below the video relevant quotes regarding this issue from reliable Hanafi books.

:مراقي الفلاح

والخامس من شروط صحة الجمعة (الإذن العام) كذا في الكنز لأنها من شعائر الإسلام وخصائص الدين فلزم إقامتها على سبيل الاشتهار والعموم

:حاشية الطحطاوي

قوله: (لأنها من شعائر الإسلام وخصائص الدين) أي وقد شرعت بخصوصيات لا تجوز بدونها والإذن العام والأداء على سبيل الشهرة من تلك الخصوصيات ويكفي لذلك فتح أبواب الجامع للواردين كذا في الكافي

:الفتاوى الهندية

وَمِنْهَا الْإِذْنُ الْعَامُّ: وَهُوَ أَنْ تُفْتَحَ أَبْوَابُ الْجَامِعِ فَيُؤْذَنَ لِلنَّاسِ كَافَّةً حَتَّى أَنَّ جَمَاعَةً لَوْ اجْتَمَعُوا فِي الْجَامِعِ وَأَغْلَقُوا أَبْوَابَ الْمَسْجِدِ عَلَى أَنْفُسِهِمْ وَجَمَعُوا لَمْ يَجُزْ وَكَذَلِكَ السُّلْطَانُ إذَا أَرَادَ أَنْ يَجْمَعَ بِحَشَمِهِ فِي دَارِهِ فَإِنْ فَتَحَ بَابَ الدَّارِ وَأَذِنَ إذْنًا عَامًّا جَازَتْ صَلَاتُهُ شَهِدَهَا الْعَامَّةُ أَوْ لَمْ يَشْهَدُوهَا، كَذَا فِي الْمُحِيطِ وَيُكْرَهُ، كَذَا فِي التَّتَارْخَانِيَّة وَإِنْ لَمْ يَفْتَحْ بَابَ الدَّارِ وَأَجْلَسَ الْبَوَّابِينَ عَلَيْهَا لَمْ تَجُزْ لَهُمْ الْجُمُعَةُ، كَذَا فِي الْمُحِيطِ

Guidance on the Coronavirus & Attending the Mosque

Answered by Shaykh Salman Younas

Question: Would it be permissible to not go to congregational prayers (including Friday prayer) due to the spread of disease such as Coronavirus. Likewise, if your mother wishes for you to not go to congregational prayers due to the worry of getting infected what should you do?

Answer: assalamu alaykum

The basis is that if there is reasonable fear of contracting this illness or spreading it in a specific location by going to such public gatherings, one must not go.

Given the current situation and guidelines provided by organisations like WHO (The World Health Organization), the approach being advised is, however, rightly one of excessive precaution. This means you should not go to the mosque (including Friday prayer) if:

(a) You have flu-like symptoms, even if minor,
(b) You have been around people who have flu-like symptoms, even if minor,
(c) You are in an area where the authorities have strongly advised against attending public gatherings, or have temporarily banned such gatherings [Note: In certain places, governments are very slow to respond and their information out-of-date or underestimates owing to a lack of sufficient testing and resources. All the while, confirmed cases of coronavirus continue to rise. One should always use his or her own independent and reasonable judgment and avoid public gatherings especially if there are signs of community spread of the virus in one’s area.]
(d) Reliable health experts in your locale have strongly advised the implementation of social distancing policies to curb the spread of the disease.
(e) You fit the description of those who the authorities have advised to enter self-isolation, such as people who have recently visited countries where the risk of coronavirus is high (China, Italy, Iran, Japan, etc.).
(f) You are an elderly person or someone with underlying health condition, especially if in an area where there are, or likely to be, cases of infection.

The need to avoid public gatherings, including the mosque, is even more pressing if one is in close contact with elderly people at home or elsewhere since they are particularly vulnerable to this disease, which spreads largely unnoticed. The responsibility of every individual Muslim is not simply to protect himself from harm, but also not being a cause of harm to others.

Therefore, it should be noted that while highly meritorious to pray in the mosque, the confirmed sunna for the general congregational prayers (besides the Friday prayer) is simply to pray in congregation – whether at home or elsewhere. Given current developments and the way events are unfolding, it would be firmly advised that one temporarily avoid attending the mosque for the general congregational prayers even in the absence of the conditions mentioned above.

As for Friday prayer, in the absence of the conditions mentioned above, it would remain ideal to attend. However, even here the potential for harm should be limited as much as possible. This means that women and children should be told to stay home as the Friday prayer is not obligatory upon them. Elderly people and those with underlying health conditions should also be advised the same. Mosques should put in place measures to keep their premises clean and prevent the spread of this disease. For some guidelines on this (specific to the UK), please see the guidance of the BBSI (British Board of Scholars & Imams) by following this link.

Update 1: In regard to point (e), if such a time arises where social distancing is seen as required by experts to curb the spread of this disease, which seems to be the case in many places now, the individual – even if otherwise healthy – should not attend large or concentrated gatherings and events at mosques. The community in this case is exempt from the Friday prayer and people should pray Dhuhr at home. Furthermore, taking into account expert advice and their responsibilities to congregants and the wider community, mosque committees should also seriously & quickly decide on implementing social distancing measures, which is increasingly the advice of numerous health and policy experts and should therefore be heeded. This may entail canceling or severely restricting prayer services for such a duration where the spread of coronavirus can be effectively limited. The exact duration and decisions concerning scaling up or down social distancing measures are best determined in consultation with relevant experts who understand evolving local situations.

[Shaykh] Salman Younas

Shaykh Salman Younas  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 where he spent five years studying Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. He the went on to complete his PhD at the University of Oxford and continues his traditional studies with scholars in the United Kingdom.

Recitation of Ghayn

Answered by Shaykh Yusuf Weltch

Question: Assalamu alaykum

Must I stress the letter ‘ghayn’ when reciting if I have difficulty distinguishing it from the sound of ‘kha’?

Is it acceptable if the Iqama is recited softly?

Answer: In the Name of Allah, the Most Merciful and Compassionate

The Volume of Recitation in a Quiet Prayer

If reciting very quietly makes it difficult to recite the letter ‘ghayn’ properly you are allowed to raise your voice slightly. In a quiet prayer, however, you should not recite so loud that the first row can hear you. That would be considered reciting loudly.

[Ibn ‘Abidin, Radd al-Muhtar citing the Khulasa]

If you happen to make the ‘kha’ sound when reciting the ‘ghayn’ the prayer remains valid.

[Ibn ‘Abidin, Radd al-Muhtar]

Learning Proper Recitation

With that being said, you need not stress over this but I would advise finding a reliable Qur’an teacher to teach you the proper exit point for the letters. This will facilitate for you improving your recitation.

Hope this helps
And Allah knows best
Yusuf Weltch

Wassalam,
[Shaykh] Yusuf Weltch

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

Prayers to be Made up

Answered by Shaykh Yusuf Weltch

Question: Assalamu alaykum

What missed prayers other than the Fard prayers must I make up?
What times am I allowed to make up prayers and how many can I make up at a time?

Answer: In the Name of Allah, the Most Merciful and Compassionate

Prayers that Must Be Made Up

The only prayers that must be made up if missed are the fard (obligatory) prayers and wajib (necessary) prayers, such as the 5 obligatory prayers and the witr prayer. The sunna prayers are not made up.

Permissible Times to Make Up Prayers

It is permissible to make up missed prayers at any time except for the following three times.

(A) After praying the fajr prayer until the sun fully rises.
(B) When the sun is at its zenith just before dhuhr prayer.
(C) After praying the asr prayer until the sun sets.

When making up missed prayers at a permissible time one can pray as many prayers as they wish. However they cannot combine the intention of multiple make up prayers into one prayer.

For example, one cannot pray four units of prayer and intend the three asr prayers that one missed. Rather they must pray each individual prayer on its own.

[Ref: [Shurunbulali, Maraqi al -Falah]

Hope this helps
Allahu A’alam

Wassalam,
[Shaykh] Yusuf Weltch

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

Raising Money for Charity Purpose

Answered by Shaykh Salman Younas

Question: Assalam aleykum

My friends and I pledged to build a school via a charity – we have pledged a lot of money with the intention for it to be accepted as sadaqa jariya for our parents. We aim to raise the money via organising various fundraising events such as a fundraising dinner, cake sales etc. We have been told that this will not be accepted as sadaqa jariya as it needs to be from our own money as opposed to raising the money. Is it true?

Answer: assalamu alaykum

Inshallah, the money you raise to build this school with the intention of its reward reaching your parents will count as a form of sadaqa jariya, as it will for those who are donating money to this cause.

[Shaykh] Salman Younas

Checked and approved by Shaykh Faraz Rabbani

Shaykh Salman Younas  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 where he spent five years studying Islamic law, legal methodology, belief, hadith methodology, logic, Arabic, and tafsir. He is currently a PhD candidate at the University of Oxford and continues his traditional studies with scholars in the United Kingdom.

Breaking an Oath

Answered by Shaykh Yusuf Weltch

Question: Assalamu alaykum

What is the ruling of swearing by Allah that one won’t do something, thereafter they do that thing?

Answer: In the Name of Allah, the Most Merciful and Compassionate

If one swears by the name of Allah that they will or will not do something it is obligatory for them to comply to what they swore upon, if that thing is permissible. If the object of the swearing is sinful (for example if one swears they will drink alcohol) it is strictly prohibited (Haram) to carry it out. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

If one does not carry out that which they swore upon, expiation is obligatory. One expiation is due for each oath that was broken. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

The Expiation

Allah Most High says, “Allah does not call you to account for your vain (unintentional) oaths, but he calls you to account for what you have pledged solemnly. So its atonement is feeding ten paupers with the average of what you feed your own families, or clothing them, or freeing a slave. But whoever does not find (the means to do so), should fast for three days. That is the atonement of your oaths when you pledge. But guard your oaths. Thus Allah makes His Signs clear for you in order that you might be thankful.

The expiation for a broken oath is:

(a) to free a slave or (b) to feed ten adult poor people two meals a day for ten days or (c) cloth ten adult poor people with an average quality garment which will cover most of their body. If these are not possible, then (d) one must fast three days in a row. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

The Concession

One of the leading authorities of the Hanafi school Muhammad Amin bin ‘Abidin narrates from al-Maqdisi (may Allah have mercy on them both) that when oaths become abundant they are combined and one expiation suffices them all. This was the opinion of Imam Muhammad and the chosen position. [Ala’ al-Din Abidin, al-Hadiyya al-`Ala’iyya]

May Allah bless you and us with His divine guidance
Allahu A’alam

Wassalam,
[Shaykh] Yusuf Weltch

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

What Should a Man Cover From His Body?

Answered by Shaykh Yusuf Weltch

Question: Assalamu alaykum

What is the awra of a man amongst family and/or strangers?

Answer: In the Name of Allah, the Most Merciful and Compassionate

The awra of a man is from just below the navel till just below the knees. This applies to a man in front of his siblings/parents as well as in front of strangers.

In front of his wife there is no specific awra since it is permissible for them to see of each other any part of the body.

This is in regards to the legal ruling. As for propriety it is from one’s dignity to cover that which is customarily known to be dignified. This applies when amongst people but especially when in public spheres.

[Shurunbulali, Maraqi al -Falah]

Hope this helps
Allahu A’alam
Yusuf Weltch

Wassalam,
[Shaykh] Yusuf Weltch

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

Being HIV Positive and Getting Married

Answered by Shaykh Abdul-Rahim Reasat

Question: Assalamu alaykum

I committed sodomy in the past, and repented from it. Now, I have been diagnosed as HIV Positive. Has my tawba been accepted? Can I marry a woman who is HIV Negative, and have children with her?

Answer: My dear brother, wa ‘alaykum assalam wa rahmatullah wa barakatuh.

I pray you are well.

Do not worry; I’m sure Allah has accepted your sincere repentance. It would also be permissible for you to marry someone who is HIV Negative if she knew exactly what she was getting into.

Allah Loves Our Repentance

We know from a rigorously authenticated narration that Allah is extremely pleased with us when we repent. Imagine a person saved from certain death; when this happens he says something like, “O Allah, you’re my servant and I’m your lord!“ (Muslim) Although he doesn’t experience emotions, Allah is more pleased when a believer apologises and repents than this person who is saved from certain death.

You should feel certain that Allah has accepted your repentance. If you still feel down about what you did use it as a means to keep repenting to Allah, for anything and everything. Allah loves those to frequently repent to Him. (Qur’an; 2:222). Console yourself knowing that Allah has given you the opportunity to become of those who He loves. If Allah loves you – what is there to worry about? He’ll take care of you.

As for the HIV, I feel for you. I pray Allah negates the impact of his illness and give you a long, healthy, and happy life full of good works which please Him.

Try to think of this as a test from Allah, and a means to not only having your faults removed, but to raise you. We all have tests in life, yours happens to be related to this matter. See it as a means of actually getting closer to Allah.

The Messenger of Allah, Allah bless him and give him peace, said, “Verily, a man will have a particular rank [decreed for him] with Allah, but he is unable to reach it with deeds. So, Allah keep trying it with what he dislikes until He makes him reach that rank.” (Ibn Hibban) Every temporary difficulty you suffer in this life will lead to a permanent reward for you in the next life.

Marriage

It would be permissible for you to marry anyone as long as you told her of your continuing health issues. You do not have to disclose how you got the HIV, though. Some people contract it via improperly disposed syringes.

If she is happy to marry you after being fully aware of the potential risky then go ahead. There are medications available which could render the HIV pretty much inert, and there are options such are ‘sperm washing’ for the issue of conception. She would have to know about all of this, as her life, and the life of any potential baby are at risk. (Zarqa; Sharh al Qawa’id al Fiqhiyya).

May Allah bring you ease in your matter.

Wassalam,
[Shaykh] Abdul-Rahim Reasat

Shaykh Abdul-Rahim Reasat began his studies in Arabic Grammar and Morphology in 2005. After graduating with a degree in English and History he moved to Damascus in 2007 to study and sit at the feet of some of the most erudite scholars of our time.

Over the following eighteen months he studied a traditional curriculum, studying with scholars such as Shaykh Adnan Darwish, Shaykh Abdurrahman Arjan, Shaykh Hussain Darwish and Shaykh Muhammad Darwish.

In late 2008 he moved to Amman, Jordan, where he continued his studies for the next six years, in Fiqh, Usul al-Fiqh, Theology, Hadith Methodology and Commentary, Shama’il, and Logic with teachers such as Dr Ashraf Muneeb, Dr Salah Abu’l-Hajj, Dr Hamza al-Bakri, Shaykh Ahmad Hasanat, Dr Mansur Abu Zina amongst others. He was also given two licences of mastery in the science of Qur’anic recital by Shakh Samir Jabr and Shaykh Yahya Qandil.

His true passion, however, arose in the presence of Shaykh Ali Hani, considered by many to be one of the foremost tafsir scholars of our time who provided him with the keys to the vast knowledge of the Quran. With Shaykh Ali, he was able to study an extensive curriculum of Qur’anic Sciences, Tafsir, Arabic Grammar, and Rhetoric.

When he finally left Jordan for the UK in 2014, Shaykh Ali gave him his distinct blessing and still recommends students in the UK to seek out Shaykh Abdul-Rahim for Quranic studies. Since his return he has trained as a therapist and has helped a number of people overcome emotional and psychosomatic issues. He is a keen promoter of emotional and mental health.