Islam's Unique Attitude Towards Women

Unlike other popular beliefs, Islam does not blame Hawa AS alone for the First Sin. The Qur'an makes it clear that both she and her husband - the Prophet Adam AS were tempted, both of them sinned and Allah Ta'ala's pardon was granted to both of them after their repentance. They were addressed by Allah Ta'ala jointly.

Allah Ta'ala eloquently states in the Qur'an:

"O Mankind! Keep your duty to your Lord who created you from a single person, and created of like nature his mate, and from their twain scattered (like seeds) a multitude of men and women." (Surah An-Nisaa: Ayat 1)

Allah Ta'ala further states in the Qur'an:

" He (Allah) it is who did create you from a single soul and therefrom did create his mate, that he might dwell with her (in love)..."

The humanity of woman is declared in these decrees. She is not a great temptress, nor is she a slave and some chattel created for the amusement to be used and abused by men.

The crux of the law of Shari'ah is to preserve the family. The emphasis in Islam is to move away from the materialistic life to one which is guided towards having functional individuals, families and communities. Thus the intelligent one is the one who disciplines himself / herself in order to avoid having dysfunctional families and as a result dysfunctional communities and society.

The word Islam is derived from the Arabic root "salam" which means among other things - peace, purity, submission and obedience. In the religious sense the word Islam means submission to the Will of Allah and obedience to Allah's Laws.

A Muslim is one who obeys, fully submits to, and worships Allah alone and bears testimony that Muhammad SAW was Allah's last Prophet and Messenger. Muslims never worshipped Muhammad SAW or any human being. Muslims believe in all the Prophets of Allah without any discrimination.


THE MUSLIM WOMAN THROUGHOUT HER STAGES IN LIFE

As a Daughter

In pagan Arabia, little girls were considered a burden and a disgrace, so they were buried alive by their fathers.

With the advent of Islam, Nabi SAW is reported to have said:

"Whosoever has a daughter and he does not bury her alive, does not insult her, does not favour his son over her, Allah will enter him into Paradise."

When a girl is born, it is a sign of honour for the parents. She brings with her blessings into the home and Allah Ta'ala's rahmat descends upon the family.

It is mentioned in a hadith that Nabi SAW said:

"When a female child is born, Allah Ta'ala sends His angels to that house. They come to the dwellers of the house and pray that peace may be upon them, The angels then cover the newly born girl in the shadow of their wings and caressing the head of the baby with their hands they say that, this is a weak and frail person, whoever will bear the responsibility of cherishing her will go on having the blessing of Allah Ta'ala as long as that person remains alive." (Al-Mujam-al-Saghir li Tabrani)

The Prophet Muhammad SAW also stated:

"Whosoever maintains two girls until they attain maturity, he and I will come on the Day of Judgement like this, (the Prophet Muhammad SAW hereby joined his two fingers held together)." (Sahih Muslim)

The pursuit of education and knowledge was made incumbent on every Muslim male and female more than one thousand four hundred years ago.

Every girl has a right to education and she is allowed to seek knowledge which will benefit her in the Hereafter as well as in this world. She is expected to make a positive contribution to society by applying her skills in the service of her family and society.

Nabi Muhammad SAW said:

"Seeking knowledge is mandatory for every Muslim." (Bayhaqi)


As a Wife

Allah Ta'ala has created men and women as company for one another, so that they can live in peace and tranquility. It will be found that men and women are jointly addressed in the Qur'an.

The Holy Qur'an states:

"And among His signs is that He created for you mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your hearts. Undoubtedly in these are signs for those who reflect." (Surah 31: Ayat 21)

Besides all other provisions for her protection at the time of marriage, it has been decreed that the woman has full the right to her marriage gift which is presented to her by her husband. It is included in the nuptial contract, and that such ownership does not transfer to her husband or her father.

Among the aims of marriage is the provision of solace, comfort, peace and rest, for both of them. Both of them are entitled to each other's companionship and partnership. The husband has no right in Shari'ah to impose his whims and fancies on her. Although most wives cook and take care of domestic chores, she is not by default in Shari'ah - compelled to wash clothes or cook food for the household.

In fact, A'ishah RA reported that Nabi SAW helped his wives in domestic chores. He used to mend his shoes, sew his clothes, and work in his house just as any of you works in his own house.

The rights and responsibilities of a woman are equal to those of a man but they are not necessarily identical with them. This difference is understandable because men and women are not identical but they are created equals. Islam thus takes into due consideration, acknowledges her, and recognises her independent personality.

A woman is not less important than a man. She has to be treated equally, with justice and fairness. However, Allah Ta'ala has conferred the responsibility of leadership within this union to the husband.

The Qur'an states:

"And they (women) have rights similar to those (of men) over them, and men are a degree above them."

The leadership role does not mean the husband's dictatorship over his wife, rather it emphasises the importance of consultation, mutual agreement and taking counsel in making family decisions.

Economically, a wife does not have to compete in the market place for her upkeep. In return for the solace she provides to her husband, the Shari'ah has commanded the husband to compulsorily fulfil her material and spiritual needs. He cannot order her to earn a living nor order her to assist in his business.

The husband is encouraged to deal leniently and kindly with his wife when disputes or differences arise.

Nabi SAW is reported to have said:

"The most perfect Believers are the ones who are best in conduct, and the best of you are those who are best to their wives." (Ahmad, Tirmidhi)

Verbal, physical, financial and emotional abuse of a wife is totally out of keeping of a Muslim man's character. These actions are considered as disgraceful cowardice and he will be accountable for his cowardly treatment against his wife in the hereafter. He has to remember that his wife is not his property, she is Allah Ta'ala's property and was given to him by Allah Ta'ala as a gift, to be treasured, respected and cherished.

Allah SWT mentions in the Qur'an:

"Deal with women correctly and with kindness. If then, you dislike them, then it is possible that you dislike something in which Allah has created abundance of goodness therein." (Surah An-Nisaa: Ayat 19)

Just as a husband finds some characteristics disagreeable, he will find other characteristics agreeable. He is guided to seek and highlight the good in his wife.

As the woman's right to decide about her marriage is recognized, so also is her right to seek an end for an unsuccessful marriage is recognised.

Divorce is detested by Allah Ta'ala even though it has been made lawful by Him. It is the permissible thing most hated by Allah SWT.

The Prophet Muhammad SAW is reported to have said:

"The lawful thing which Allah hates most is divorce." (Tirmidhi, Abu Dawud, Ibn Majah)

This is because it disrupts the stability of the family and rocks the family system.

Certain steps and waiting periods should be observed by men and women seeking divorce. A woman can bring her request for a divorce before a Qadhi (Muslim judge) who will grant her a divorce by examining the circumstances.

Marriage in Islam is considered to fulfill five fundamental functions.

01. Protective and supportive function:

Marriage serves as an absorber and protector from the pressures of the over-bearing outside world. The ability to understand, sympathise, and support is a critical function of the spouses. It is within the ambit of a nurturing, loving and secure home life that marital harmony thrives and by extension a functional family and community.


02. Recreational function:

Nabi Muhammad SAW played and competed in running with his wife A'ishah RA. Leisure activities within the family group are encouraged, as the family that plays together stays together.


03. Social function:

Marriage unites two families and the couple has to accord respect to family members and foster ties with both sides of the family.

Nabi Muhammad SAW is reported to have said:

"Whosoever desires that sustenance be expanded for him and his life be prolonged, let him foster ties with the family."

The children learn to interact with their elders and peers. The virtues of respect, caring, sharing and reciprocating love for the pleasure of Allah Ta'ala are cultivated.


04. Educational function:

The Prophet Muhammad SAW is reported to have said:

"Nobody shall meet Allah Ta'ala with a sin greater than that of having left his family in ignorance." ( Daylami)

Ibn Atta RA said:

"A'ishah RA was among all the people, the one who had most knowledge of Fiqh, the one who was the most educated, and compared to those who surround her, the one whose judgement was the best."

The companions of A'ishah RA called her - "Bahrul Uluum", the ocean of knowledge. This was due to the vast amount of knowledge she gained from her husband.

05. Religious function:

A religious atmosphere within the home helps to develop humility and a sense of accountability for all our actions. When the couple mutually create this atmosphere, they then personify the following verse of the Holy Qur'an:

"Verily for all men and women who have surrendered themselves to Allah, all believing men and women, all pious men and women, all honest men and women, all patient men and women, all humble men and women, all accountable men and women, all fasting men and women, all chaste men and women who remember Allah increasingly; Allah has prepared forgiveness and a great reward." (Surah 33: Ayat 35)


Nabi Muhammad SAW has said:

"This world (and all it's contents) are but perishable commodities, the best of all perishable commodities is a pious wife."

Sex within the marriage is not mere sexual gratification; it is an act of charity.

Nabi Muhammad SAW said:

"In the sexual act of each of you there is Sadaqah."

The Companions RA asked:

"O Messenger of Allah! When one of us fulfills his sexual desires, he will be given a reward for it?"

He (SAW) replied:

"Do you not think that if he were to act upon it unlawfully, he would be sinning? Likewise, if he acts upon it lawfully, he will be rewarded." (Muslim)

The husband is reminded that he should handle their sexual relationship with care, warmth, and comfort and not treat his wife as a doormat who can be dispensed with according to his own selfish desires. He should seek mutual bliss, satisfaction and fulfillment with her.


As a Mother

A woman is a full and equal partner of man in the procreation of mankind. Her role is no less vital than his.

It is mentioned in one Hadith that Nabi SAW said:

"Does it not please you ( O Women!) that when you conceive from your husbands whilst he is pleased with you, then that woman will receive such reward equal to that of a fasting person in the path of Allah and spending the night in Ibadah. When her labour pains commence, the inhabitants of the earth and the sky are unaware of the stores of comfort that are prepared for her. When she delivers and breast feeds her child, then she will be granted a reward for every gulp of milk; and if she had to remain awake during the night for the sake of her child, she will receive the reward of emancipating seventy slaves in the path of Allah.

Do you know who these women are? They are pious, upright, delicately natured but yet are obedient to their husbands and not ungrateful to them."

Another Hadith states the Prophet Muhammad SAW as saying:

"A woman from her pregnancy till the time of weaning her child is like one protecting the boundaries of the Islamic state. If she passes away during this period, she attains the reward of martyrdom." (Shahidah)

The mother is the first seat of learning for her children. It is here, in the warmth of her love and care that the child learns about Allah Ta'ala, Nabi SAW, about honesty, fairness, justice, treatment of strangers, the poor, the helpless, etc. The child's socialisation process is not just geared towards filling his/ her head with information and fairy tales. The child learns his/ her responsibilities as a Muslim from an early age from the mother who is truly the centre of the child's universe at that stage.

The Qur'an has special recommendations for the good treatment of both parents.

Due to the great sacrifices she makes in bearing her children, spending sleepless nights watching over them when they are ill, virtually turning her day into night for their comfort and for rearing them with so much love and attention, the mother is given precedence and a higher status than the father.

A famous saying of Nabi SAW is:

"Paradise is at the feet of your mother."

A man came to Nabi SAW asking:

"O Messenger of Allah, who among the people is the most worthy of my good company?"

Nabi SAW said:

"Your mother."

The man then asked:

"Who else?"

Nabi SAW replied:

"Your mother."

The man then asked again:

"Then who else?"

Nabi SAW said:

"Your mother."

The man then asked:

"Who else?"

Only then did he get the answer:

"Your father."


THE MUSLIM WOMAN ECONOMIC STATUS

Islamic Law fully acknowledged the woman's right to her money, real estate or other property over one thousand, four hundred years ago. This right undergoes no change whether she is single or married. She retains her full right to buy, sell, mortgage or lease any or all of her properties. Her right to her properties applies even if she acquires them after her marriage. She is not regarded as a minor simply because she is a woman.

Not many of us know that in the Western world it was not until 1938 that the French Law was amended so as to recognise the eligibility of women to contract. A married woman was however, still required to secure her husband's permission before she could dispense with her private property.

In Islam, a woman is guaranteed her share of inheritance. Before Islam, she was not only deprived of that share but was herself a "transferable property" to be inherited by man. Whether she is a wife or mother, a sister or daughter, she receives a certain share of the diseased kin's property. This share depends on her degree of relationship to the diseased and the number of heirs. She cannot be disinherited. Even if the diseased wishes to deprive her by making a will to other relations, or, in favour of some cause, the Law will not allow him to do so. Her share of inheritance is completely hers, her father and husband can make no claim on it whatsoever.

As far as the woman's right to seek employment is concerned, it should be remembered that Islam regards her role in society as a mother and wife as the most sacred and an essential one, as she largely "shapes the future of nations". This vital and noble role cannot by any means be fulfilled by maids and babysitters which is customary in this day and age, even for Muslims.

A Muslim man is fully responsible for the maintenance of his wife, his children, in some cases his needy relatives, especially the females. Her husband's responsibility is neither waived nor reduced because of his wife's wealth or because of her access to any personal income gained from rent, work or profit.

Just as her possessions do not transfer to her husband after she marries him, she is not obliged to spend her wealth on her family. She was also given the choice of keeping her maiden surname over fourteen hundred years ago.

She is financially secure and provided for.

If she is a wife, her husband is the provider.

If she is a mother, it is the son who is the provider.

If she is a daughter, her father is the provider.

If she is sister, it is the brother who is the provider, etc.

Tips for a Happy and Successful Marriage

The young and excited bride-to-be and groom-to-be; ecstatic about the upcoming wedding and marriage and the joy that it will bring. Three to six months later, reality has set in and both spouses realise that marriage is no easy task, but one that takes a great deal of effort and patience. The following are tips for both wives and husbands, to help make the task a little less daunting, and to increase the many rewards that are possible in such a marvelous and complex relationship.

01 Enter the Marriage with the Right Intention and Renew this Often

Both spouses should enter the marriage with the pure intention of pleasing Allah SWT in order to receive Allah's grace and blessings. The marriage itself then becomes an act of worship and one for which both spouses will be rewarded. Allah will be pleased with them and this will be the most critical element in ensuring peace, stability and happiness throughout the marital life. It is also important to realise that when an act of worship is continued over a long period of time, it becomes necessary to renew one's intention often to remain on the correct path and to obtain the most benefit.


02 Remember that Your Spouse is also Your Brother or Sister in Islam

Too often Muslims treat other people outside the home with kindness and sincerity, but then behave in a very different manner when it comes to their own spouses. Muslims should always remember that one's spouse is also another brother or sister in Islam and that the rights and duties that apply to the general brotherhood (sisterhood) of Islam, should also form the basis of the marital relationship. Obviously, a spouse has rights beyond these, but there should be a clear understanding of the rights of brotherhood (sisterhood) and adherence to these principles.


03 Do Not Hold Unrealistic Expectations

Before marriage, people often have unrealistic ideas about their spouse-to-be, expecting perfection in all aspects. This rarely, if ever, plays out in reality and can lead to unnecessary problems and concerns. We should recall that Allah SWT created humans as imperfect beings, which means that many mistakes will be made throughout a lifetime. By turning the table and expecting imperfection, we will be pleasantly surprised and pleased when our spouse is much more than we ever hoped for. This, in turn, will lead to contentment within the marriage.

04 Emphasise the Best in Your Spouse

Since no one is endowed with all of the best qualities, emphasis should be placed on the positive qualities that a spouse possesses. Encouragement, praise, and gratitude should be expressed on a regular basis, which will strengthen these qualities and be beneficial in developing others. An attempt should be made to overlook or ignore negative characteristics, as the Prophet SAW said:
"A believing man should not have any malice against a believing woman. He may dislike one characteristic in her, but may find another in her which is pleasing." (Muslim)

05 Be Your Spouse's Best Friend

Try to think of what a best friend means and be one to your spouse. This may mean sharing interests, experiences, dreams, failures and upsets. It may involve understanding a spouse's likes and dislikes and attempting to please him or her in any way possible. A best friend is also usually someone that can be confided to trusted, and relied upon. A spouse should be the kind of friend that one would want to keep throughout life.


06 Spend Quality Time Together

It is not enough to share meals, chores and small talk together. Spouses should also find time to focus on strengthening the relationship. Often couples get busy with their own separate tasks and forget about working on one of the most important elements in life. Quality time may be anything from having a quiet, profound conversation to going for a nice long nature walk, to sharing a special hobby or project. Both spouses should enjoy the particular option chosen and distractions should be kept to a minimum.


07 Express Feelings Often

This is probably a very "Western" concept and one that some people may have difficulty fulfilling, but it is important to be open and honest about one's feelings, both positive and negative. The lines of communication should always be open and any concerns should be brought to the attention of the other spouse as soon as they arise. The rationale of this is that what begins as a simple concern may grow into a major problem if it is not addressed quickly and properly. The "silent treatment" has never been the remedy for anything.


08 Admit to Mistakes and Ask for Forgiveness

Just as we ask Allah to forgive us when we make mistakes, we should also do the same with our spouses. The stronger person is the one who can admit when he or she is wrong, request pardon from the other, and work hard to improve his/her aspects that are in need of change. When a person is unwilling to do this, there will be little growth and development in the marriage.

09 Never Bring Up Mistakes of the Past

It can be very hurting for another person to be reminded of past mistakes. In Islam, it is generally not recommended to dwell on the past. One may remember errors that were made so that they are not repeated, but this should not be done excessively. Certainly, as humans, we are not in the position to judge another person. Advice may be given, but not in a harmful manner.


10 Surprise Each Other at Times
This may entail bringing home a small gift or flowers, preparing a special meal, dressing up and beautifying oneself (this is not only for women), or sending a secret note in a lunchbox. A little imagination will go a long way here. The idea is to spice up the marriage and avoid getting into a dull routine that may negatively affect the marriage.


11 Have a Sense of Humour

This particular aspect can go a long way in preventing arguments and brightening the atmosphere of the home. Life is a constant stream of challenges and tests, and to approach it in a light-hearted manner will help to make the journey smoother and more enjoyable. You may also find that your spouse enjoys this characteristic and looks forward to spending time with you because of it.


Quick Tips for Discussions and Disagreements:

(a) Begin with the intention to resolve the issue. If both spouses have this intention and plan to consult together, it is more likely that there will be a successful resolution.

(b) Remember that it takes two to quarrel. If only one person chooses not to argue, there will be no argument. Generally, the one who is wrong does most of the talking.

(c) Both spouses should not be angry at the same time. If one of the spouses becomes upset, it is best if the other tries to remain calm and collected.

(d) Never yell at each other unless the house is on fire. Of course, house fires do not occur very frequently; yelling should occur at about the same rate.

(e) Never go to sleep with an argument unsettled. This is one of the worst things that can happen in a marriage and should be avoided as much as possible. This allows hurt feelings and thoughts to linger and generally exacerbates the problem.

(f) If one spouse needs to win, let it be your mate. Do not focus on winning yourself; this is the main reason that discussions tend to become heated.

To Every Father

Allah Ta'ala says:

"O Believers! Save yourselves and your families (wife, children etc.) from a fire whose fuel is men and stones, over which are appointed stern and severe angels, who do not disobey Allah in that which He has commanded them and they do (precisely) what they have been commanded." (Surah At-Tahreem: Ayat 6)

Saiyidina Ali ibn Abi Talib RA says that - 'save your families' means that you should discipline them and give them proper Islamic education.

Qatadah RA says that 'save your families' means that you should command them with the obedience of Allah Ta'aala and prevent them from his disobedience.

O Compassionate Father!

What practical action will you take if it is said to you:

"If you do not take correct care and repair the huge building you own, it will collapse."

Definitely you will make every possible effort to save it from collapsing.

So what practical efforts are you making with regard to your beloved daughter whom Allah Ta'ala has commanded you to save from the Fire of Jahannam?

Are you preparing her to fall into the Fire of Jahannam or are you preparing her to enter Paradise? O Compassionate Father!

These young girls who are deprived of modesty, who display arrogance toward the commands of Allah Ta'ala, we see and hear them - they have not fallen from the sky nor emerged from beneath the earth - they come out from your home and the home of your Muslim brother.

Hence, My Beloved Brother! Fear Allah and take care of your beloved daughter more than your worldly matters.

Do not become from amongst those with regard to whom Rasulullah SAW said:

"A cuckold will not enter Jannah."
(Definition of cuckold in dictionary: 'the husband of an unfaithful wife'.)

The Sahabah Radhiallahu anhum asked:

"Ya Rasulullah! Who is a cuckold?"

Rasulullah SAW replied:

"He who does not protect his Mahram women."

In one narration Rasulullah SAW is reported to have said:

"A cuckold is happy with the evil in his family." (Musnad Ahmad)

(Syntax-edited from what has been published by Madrasah Arabia Islamia)

Brother-in-Laws, Sister-in-Laws & Maids In The House

The famous authentic Hadith from Sahih Bukhari: Volume 7: Kitabun Nikah: Hadith 159 explains as follows:

Uqbah ibn Aamir RA quotes Rasulullah SAW as saying:

"Beware of entering upon women."

A man from the Ansar said:

"O Messenger of Allah! What about Al-Hamu, or the wife's In-Law (the brother of her husband or his nephew, etc.)?"

The Prophet SAW replied:

"The In-Law of the wife is death itself."

The above Hadith is also reported in Sahih Muslim, Kitabus-Salam: Chapter 8, Hadith 5400.
Imam Nawawi RA commented on the above narration and said:

"Al-Layth ibn Sa'd holds that the "the In-Law" refers to a relative of the husband other than his father and sons e.g. his brother, nephew, and cousin, etc. with whom marriage would be permissible for her, if she were to be divorced or widowed."

As for the Prophet SAW saying:

"The In-Law is death"

- it means that you are supposed to be very cautious of him as evil is most expected from him. This is because the In-Law, contrary to an absolute stranger, can easily approach the lady and violate her privacy, without people blaming him for doing so.

The In-Law here stands for husband's relatives other than his fathers and sons. As for the husband's father and sons, they are considered Muhrim to his wife and they are allowed to be alone with her. They don't fall under the category of "the In-Law is death".

To recap, those who are described of death are:

- the husband's brother
- the cousin(s)
- the uncle(s); and
- all those who are not Muhrim for the wife.

Today's age of ignorance and lack of Piety sees that people usually take it easy and find no problem with the husband's brother being in private with the wife. This is "death" itself as the In-Law is most worthy of the prohibition.

The Prophet Muhammad SAW particularly warned women concerning Khalwat - i.e. being alone with Male-In-Laws since people are quite negligent in this regard, sometimes resulting in disastrous consequences. It is obvious that a relative has easier access than a stranger to a woman's quarters, something which no one would question him. The same is true of the wife's Non-Muhrim relatives, and it is prohibited for any of them to be in Khalwat with her.

The Prophet SAW teaches us that there are inherent dangers and even destruction in such privacy: Religion is destroyed if they commit sin; the wife is ruined if her husband divorces her out of jealousy; and social relationships are torn apart if relatives become suspicious of each other.

The danger lies not merely in the possibility of sexual temptation. It is even greater in relation to the possibility gossip about what is private and personal between the husband and wife by those who cannot keep secrets to themselves and relish talking about others; such talk has ruined many marriages and destroyed many homes.

So as conclusion - the brother and sister-in-law - whether either or both - must not live in the same house.

With regards to helpers/maids they are paid and not considered slaves, so the same provision of Hijab applies. In short no Non-Muhrim man and woman should be alone together in the house. A tertib should be arranged so that the helper/maid does her job mainly when there is no man in her vicinity. It is best when eating together - the wife serves her husband, even if the helper/maid cooked the food. It is better that no verbal communication occur between helper/maid and you in the house, and everything is through the medium of the wife. Hijab laws maintain strictly. If the helper/maid decides to go against the Shari'ah - then she ought to be replaced with another person.

Giving A Child An Angel's Name

Brother Ruvian Ruslan contacted me this morning to ask of the permissibility of naming his soon-to-be child with the name of the Angel of Allah - "Mikail" - the Mala'ikah responsible for the delivery of provisions i.e. Rizq to this World. This post is our exact response to the issue, with minor syntax and language modifications - merging the advice and knowledge from the Ulama of the Ahlus Sunnah Wal Jama'ah, as well as providing a discussion on the principles of making decisions in Islam for the purpose of Taqwa and a drive for Piety.

May this be beneficial. Ameen.

Abu Khadijah Damansari


Salams Ruvian

Wa'alaikumussalam Warahmatullahi Wabarakatuh

JazakallahuKhaira for taking the time to send your enquiry. May Allah SWT make it easy for your wife and yourself in the preparation for the welcoming of your child into this world. We hope that preparations are made for the child's Aqiqah and Tahneek with the Ulama. It is recommended that your wife increases her indulgence in Qur'anic recital, Nawafil Solat, Zikr and Du'a. May Allah SWT make the child pious and of grand benefit to the Muslim Ummat. Ameen.

With regards to giving a child the name - Mikail - or any other Angel of Allah. The situation may be summarised like this:


Evidence From Hadith

Many Ulama express that it is Makruh i.e. offensive and undesirable to name a child with the name of an Angel.

The Hadith of reference is as follows:

سموا بأسماء الأنبياء و لا تسموا بأسماء الملائكة

Which means:

"Give a name (to your child) with the names of the Prophets (AS) and do not give a name from the names of the Angels."

The above Hadith is narrated by Imam Bukhari RA in his kitab: "At-Tarikh Al-Kabir"; as well as by Imam Baihaqi RA in his kitab: "Shu'abal Imaan".

Nevertheless, the authenticity of the above Hadith is questioned by some Ulama i.e. some scholars say that the above hadith is Dha'if. However, we must understand that the injunction of "Dha'if" (i.e . Weak) is not the same as "Maudu'" (i.e. Fabricated/False). Thus the above Hadith has some bearing and influence to the way we choose the name of our children. The Ulama say - one weak hadith is better than 1000 independent opinions of scholars.

It should ne noted that the grand Imam - Imam Malik bin Anas RA explained the ruling that it is Makruh to give the child the name -Jibril. This ruling is also held by other grand Ulama such as Ibn Qayyim RA as explained in "Tuhfatul Maudud" and Ibn Uthaymeen RA in "Al-Manahi Al-Lafdhiyyah".

On the other hand, the Ulama from the Shafi'i School and Hanbali School of Jurisprudence say that doing such as merely Permissible. This is per explanation of Imam Nawawi RA in his Al-Majmu' - Chapter 8: Page 436:

ذهبنا ومذهب الجمهور جواز التسمية باسماء الانبياء والملائكة صلوات الله وسلامه عليهم أجمعين ولم ينقل فيه خلاف الا عن عمر بن الخطاب رضى الله عنه أنه نهى عن التسمية بأسماء الانبياء وعن الحرد بن مسكن انه كره التسمية باسماء الملائكة وعن مالك كراهة التسمية بجبريل وياسين

Meaning to the effect:

"Our school and the schools of the reliable - are of the position that it is permissible to give a name (to a child) with the names of the Prophets (AS) and the Angels (AS), and there has not been any difference of opinion in this, except from (Saiyidina) Umar ibn Al-Khattab RA - in that he prohibited the giving of names of Prophets, and from Al-Harith ibn Miskin - that he hates giving a name (to a child) with the names of Angels, and from Malik (RA) - that it is offensive to give the names Jibril and Yaasiin."


A FINAL NOTE

My humble approach to this matter is that we should take into account of the opinion of ALL scholars of the Ahlus Sunnah Wal Jama'ah of Haqq and then practice what is best . Any parent would definitely want what is best for his/her child. In Dunia as well as Akhirah.

So let us find a solution systematically:

For example - in the Shafi'i School of Jurisprudence, it is Makruh to brush the teeth with Miswaak (sugi) while fasting, but in the Hanafi School of Jurisprudence, it is Recommended , especially before Solat. Hence because we are adherents of the Shafi'i School, and since the injunctions of both schools are almost opposite to each other, then we should abide by the Shafi''i School of Jurisprudence, and hence we should refrain from using the Miswaak whilst fasting.

On the other hand, in the Shafi'i School, Witr is Sunnat Mu'akkad but NOT Wajib, but in the Hanafi School, it is Wajib. Having known that Witr is the greatest Sunnat Solat after the five time daily prayer, and knowing that both schools ENCOURAGES the performance of Witr Solat, then hence - a Muslim should compel himself to perform Witr, and as such he will be fulfilling what is best in both Schools of Jurisprudence.

In the case of giving the name "Mikail" or any Angels' name on the other hand - we know that there is evidence that it is Permissible but not Virtuous, and there is evidence that it is Makruh and Detested. Hence by merging the views of both, we should choose the PRECAUTIONARY ROUTE OF PIETY and REFRAIN from selecting such a name, and opt for other names instead which has been CONFIRMED to be strongly recommended by Rasulullah SAW, his Sahabah RA and the Pious Precessors RA as well as the Ulama. Such names include: Muhammad, Abdulllah, Abdur-Rahman, the names of the Companions RA and other good Muslim names.

In Malaysia, the culture is to choose names which sound good / unique / "canggih" - whilst maintaining a good meaning. Although this is not the best way to go about things, it is certainly acceptable.

The name of a child is one that lasts forever. Even after the person has passed away. And in Islam, we know that the name of a child affects his/her character. So we should always go for what is best.

I hope I have answered your question sufficiently.

JazakallahuKhaira.

Learn To Take Care Of Your Children - 106

UNDESIRABLE NAMES SHOULD BE CHANGED

Aishah RA reports that Rasulullah SAW used to change the unpleasant names of people and replaced them with good names.

Abdullah bin Umar RA relates that one of his sisters was named Aasiyah (disobedient). Rasullah SAW changed it to Jameelah (beautiful).

Zainab RA says that I had been named Birrah (pious). Rasulullah SAW then said: "Do not claim piety, for Allah knows best who amongst you are pious. Name her Zainab!"


NAMES MAY INFLUENCE THE LIVES OF PEOPLE

Sa'eed ibn Musayib RA relates from his father that his grandfather went to Rasulullah SAW and was asked: "What is your name?" He replied: "Hazn" (sorrow). Rasulullah SAW said: "You are Sahl." (contended). He replied: "I will not change the name my father had given me." The narrator says that thereafter sorrow continually remained with them.


KEEP AWAY FROM NAMES IMPLYING SHIRK

As Muslims, we should always abstain from keeping names implying any elements of Shirk, like adjoining the word 'Abd' (servant) to names or epithets other that those of Allah Ta'ala.

Rasulullah SAW also forbade keeping pompous and self-glorifying names, for this reveals arrogance and haughtiness - human elements most abhorred by Allah Ta'ala.


PROTECT THE DIGNITY OF YOUR IDENTITY AND FAITH

Muslims should always have dignity and protect their identity and faith. Nowadays, to conceal his/her identity, it is common practice for a person to "westernise" his name, like substituting Yusuf with Joe or Joseph, Uzair with Ozzie, Ridhuan with Ricky and even Muhammad with Mo.

Efforts to distort such beautiful names merely reveal an un-Islamic and sacreligious attitude. Remember, there exists behind each Islamic name an Islamic spirit and meaning, which, when distorted, is ruined. For example, there is intended love for the Prophet of Islam, and barakah when naming a child Muhammad. But when Muhammad is called Mo, this spirit of love for Rasulullah SAW and the acquiring of barakah by such a name is shattered. Should we not then refrain from such sacreligious practices?

May Allah Ta'ala guide us so that we may realise the beauty and uniqueness of the religion of Islam propounded by no other than the one who is the best of Allah's creations - Rasulullah SAW.

Ameen.

Learn To Take Care Of Your Children - 105

NAMING THE CHILD

It is the infant's vested right to be honoured with a good name. When choosing a name for the child, it should be done with the intention that the child will be blessed with the barakah of that name. Here are some Ahadith to show the importance of selecting a good and correct name:

Abdullah ibn Umar RA relates Rasulullah SAW as saying:

"Truly, the most loved of your names by Allah are Abdullah and Abdur-Rahmaan."

It is also reported in the Hadith collection of Abu Dawud that Rasulullah SAW said:

"Keep the names of prophets. And the most desirable names by Allah Ta'ala are Abdullah and Abdur-Rahmaan. And names that depict honesty are Haarith (planter) and Hammaam (thoughtful). And the most disliked ones are Harb (battle) and Murrah (bitter)."


THE BARAKAH OF NAMING A CHILD AFTER RASULULLAH SAW

Rasulullah SAW said:

"Whoever is named after me with the hope of being blessed, he will be blessed and will be in peace till the Day of Qiyaamat."

Rasulullah SAW is also reported to have said:

"To whomever is born a boy and he names him Muhammad solely for the love of me and for the blessings of my name, then both he (the father) and his son will enter Jannah."


THE IMPORTANCE OF KEEPING GOOD NAMES

It has been narrated that Rasulullah SAW said:

"On the Day of Qiyaamah you will be called by your (own) names and the names of your fathers. Therefore keep good names." (RIwayat Abu Dawud)

Rasulullah SAW also advised the Ummah:

"To whoever is born a child, the child should be given a good name and sound education. And when he becomes of age he should be married."

It was the practice of Rasulullah SAW to enquire the names of persons and villages. If they were pleasant, it became apparent on his face. If not, his displeasure could be seen.

Once Rasulullah SAW called for a volunteer to milk a she-camel. Four persons volunteered: he refused to accept the services of the first three because their names did not imply pleasantness. The names of the first two were Murrah (bitter) while Jamrah (burning coal) was the name of the third person. When the fourth said his name is Yaeesh (long live), Rasulullah SAW said to him - "Milk her".

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WHEN THE CHILD BEGINS TO TALK

The child should first be taught to say the Kalimah Shahadah when he /she begins to talk.

"Laa Ilaaha Illallah Muhammmadar Rasulullah."


EDUCATION AND GOOD MANNERS

Islam lays considerable emphasis on education and good character. It is the children's rightful claim to be given sound Islaamic education and taught good manners. This will not only afford the children happiness in both the worlds, but they will prove great assets to both, their families and society as well. This is why Rasoolullah sallallaahu-alayhi-wasallam declared good manners as the 'best thing' a father can impart to his children. He also declared the mother as the 'shepherdess' of the household which implies that she is responsible for the correct upbringing of her children.


WHAT PARENTS OWE THEIR CHILDREN

Education and Good Manners
Islam lays great emphasis on education and good character. It is the children's rightful claim to be given sound Islamic education and taught good manners. This will not only afford the children happiness in both - the world and the Hereafter, but they will prove great assets to both - their families and society as well. This is why Rasulullah SAW declared good manners as the best thing a father can impart to his children. He also declared the mother as the shepherdess of the household which implies that she is responsible for the correct upbringing of her children. Let it be known that this cannot be achieved if the mother is occupied with so-called professional obligations. To sacrifice the nurturing of good children at the expense of a "career" is lowly.

Self-Esteem
Parents owe their children personal worth and self-esteem which are the cornerstones for sound mental health. A child who is constantly criticised, looked down at, reproached, made to feel stupid and inept, continually compared with their brothers and sisters or cousins who do better; will become so unsure and so terrified that he or she will lose enthusiasm for learning and becoming successful.

Praising The Child and Expressing Love
A child needs to be praised every now and again for his achievements and good behaviour. Some parents find it difficult to voice their approval or praise the child. However, there are other modes of expressing approval as well, such as - a smile, a caress or a kiss will convey approval. All these acts of love are very essential for producing children who are healthy in mind and body. It is for this reason that our Shari'ah lays considerable stress on showing love and affection to children. Rasulullah SAW said that one who does not have mercy on our children and does not respect our elders, is not from among us.

Equality
Parents should always treat their children equitably. Children tend to grow miserable, lose confidence, become discouraged and resentful if parents show favouritism towards a particular child. It is related by Aishah RA - that once she offered a date to a lady beggar who was accompanied by her two daughters. The lady shared the date between her two daughters, depriving herself of a share. Then she departed. When Rasulullah SAW came home, she related to him the incident. The Prophet SAW said: "Whoever is involved (dealing in issues) with any daughters, and he treats them well (equitably), this will serve as a protection for him/her from the Fire."

Basic Islamic Education
It is the duty of every parent to ensure that his/her children have basic Islamic education which covers Aqaa'id or Islamic beliefs, the five principles of Islam, the rulings and Masaa'il pertaining to these five principles and the correct recital of the Holy Qur'an.

Standards and Values
Decent standards and solid values should also be taught to the child. This means being respectful to parents, elders, the Ulama, teachers and just laws.

Cleanliness and Other Necessary Precautions
The Shari'ah has termed cleanliness as half of Imaan. As such the mother should personally accomplish all maternal devotions such as feeding, bathing and keeping the child clean and in hygiene. Soiled clothes must be cleaned without delay so that there is no potential of disease and sickness spreading. In the availables of modern medical care, the child should also be immunised against infantile diseases. Never should any Muslim be tricked by the Shaytaan to think that getting an immunisation jab for the child means lack of faith and reliance in Allah. This is a deception which must be thrown away.

Learn To Take Care Of Your Children - 103

TAHNEEK

Tahneek means the placing of a piece of date, softened by chewing, on the palate of the new-born. The practice of tahneek is Masnun (a confirmed Sunnah) since Rasulullah SAW made the tahneek of Abdullah bin Zubair RA and Abdullah bin Talhah RA. Unfortunately this practice of tahneek is rarely acted upon in modern times. The reward of reviving a "dying" sunnah of Rasulullah SAW is boundless. Here again, this should be the prerogative of a learned Aalim or a pious elder of the family. Otherwise any Muslim male would suffice. If dates are not available, honey should serve as an ideal substitute.

THE AFTERBIRTH AND NAVAL-CORD

The afterbirth and naval-cord should be buried with due care since they are considered parts of the human body. As such, it should be treated with respect and honour. Disposing it in the drain or garbage is contrary to this honour. It is for this reason, too, that the dead body of a human being may not be cremated or abandoned in a pit for vultures and other animals to devour it, as is customary among the people of other religions.

FEEDING

As the infant is the offspring of its mother, it is common sense that the mother's milk is the most suitable source of nourishment for the baby. Therefore, the mother should most obligingly fulfil her duty of breastfeeding the child. By so doing - bonds of love, affection and intimacy are strengthened between mother and child, and in the process, good habits and character are transmitted to the child. All these and countless other benefits are contained in breastfeeding. Artificial methods of feeding are all devoid of these benefits. Other methods of feeding of course may be resorted to if ill health or other circumstances do not permit the mother to breastfeed her child. The mother must ensure that no Haraam food is consumed by the child; and the recitation of "Bismillah" should always be recited before feeding.

MAXIMUM PERIOD FOR BREASTFEEDING

The maximum period for which a child could be breastfed is two years, for this is the right of the child. The child should be weaned by two years and common food should be fed to the child.

THE CHILD'S ATTIRE

Muslim males may not adorn themselves with clothes of silk or any red and bright orange (saffron) colour. Neither gold nor silver ornaments (except for a silver ring of defined specifications). Adorning is only characteristic of women.

Parents should also ensure that children dress in an honourable and modest manner - never immitating the ostentatious styles that may be in vogue. Due to the incorrect concept of 'freedom" and "broadmindedness", parents allow their children to dress and act in a manner they wish. This eventually results in problematic, rebellious and disobedient children who in adolescent stages cause parents and society untold heartbreak and much anxiety.

HAIR, AQIQAH AND NAMING THE CHILD

It is recommended Sunnah to remove the baby's hair and to observe the Aqiqah and to name the child on the seventh day after birth. Gold or silver equivalent to the weight of the removed hair may be given as charity to the poor. Otherwise its equivalent value in money. The hair, being a portion of the human body should be buried with due respect. Aqeeqah is a form of sadaqah whereby the child is safeguarded against misfortunes. Two sheep or two goats are offered for a boy while one goat or sheep suffices for a girl. If the seventh day coincides with the days of Qurban (the Eid of sacridfice) then portions of a cow, ox or camel may be offered as qurbaani and portions for Aqiqah.

CIRCUMCISION

Circumcision must be performed on the children, both male and female. For males it consists of removing the prepuce from the penis, and for females, it involves removing the prepuce (bazr) of the clitoris (not the clitoris itself, as some mistakenly assert). It is best that circumcision is done at a very young age - e.g. on the seventh day after birth, as that is when it is easiest to perform; and at most before puberty - the age of which non-performance of Solat becomes sinful.

Learn To Take Care Of Your Children - 102

WHEN A CHILD IS BORN

It is indeed a joyous occasion when parents are blessed with a child. And the extent of the joy could be enhanced even further if the laws of Shari'ah are adhered to and all other meaningless rituals are cast aside. Welcoming the child into his/her worldly life has already been taught - clearly by Rasulullah SAW. For immense spiritual benefit, we follow what has been prescribed, and leave anything contrevening from culture.

After birth the child should be given proper ghusl (bath). Thereafter the message of the Greatness and Oneness of Allah Ta'ala, and the prophethood of Rasulullah SAW should be the first words to reach the child's innocent ears. This should be accomplished by giving Azaan near his right ear and Iqamah close to his left. This noble task should be the prerogative of an Aalim or a pious elder of the family. If such a person is not at hand then any Muslim male may perform this Sunnah.


DU'AS ON THIS BLESSED OCCASSION

It is recommended Sunnah to recite the following du'a after the Azaan and Iqamah:

Allaahumma innee a'uudhuhaa bika wa dhurriyyatihaa min ash-shaytaani ar-rajeem.

O Allah, I seek your protection for her and her descendants from the cursed Shaytaan.

Note: For boys read "A'oodhuhu" and "wa dhurriyatuhu'.

After that, proceed with Surah Al-Ikhlas - "Qul Huwallaahu Ahad etc."

Then proceed:

Allahumma ij'alhu barran taqiyyan. Wa anbit-hu fil Islaam nabaatan hasanaa.

For girls read:

Allahumma ij'alhaa barran taqiyyan. Wa anbit-haa fil Islaam nabaatan hasanaa.

O Allah, make him/her pious and Godfearing and let him/her grow up in Islam to his/her excellent growth.

Then continue:

Allaahumma allimhul kitaaba wal hikma wafiqqih-hu fi ddeen.

For girls read:

Allaahumma allimhal kitaaba wal hikma wafiqqih-ha fi ddeen.

O Allah, teach him/her the Qur'an and wisdom and give him/her the understanding in Deen.

Learn To Take Care Of Your Children - 101

Allah SWT says in the Qur'an:

"Verily the religion with Allah (true, genuine and acceptable by Allah) is Islam..." (Surah Al-Imraan)

In other words, Allah has referred to Islam as the only religion acceptable by Him. This means that for anyone to attain pure success, Islam must be followed; and any other way will lead to doom and failure.

And at another place in the Qur'an, Allah SWT announces:

"Today have I perfected for you your religion and have completed my favours upon you, and have chosen for you Islam as your religion..." (Surah Al-Maa'idah)

In the above mentioned Ayat, Allah SWT refers to Islam as a perfect and complete religion which Allah SWT has chosen for us. That is to say, a religion which is complete in all aspects of life.

Since Islam is as mentioned by Allah Ta'ala, it is the bounded duty of every Muslim to ensure the upbringing of his children in the perfect and uncompromising fashion of Islam. How can we even have flavour and appetite for Western ideals when even those of the West today has become disillusioned and disenchanted by their own mess.

So hence, the choice is entirely ours - either we rear children who will be a credit to their Deen, comfort to their families and a boon to society: or by slavishly adhering to the rubbish passed of as "modern" and "fashionable", we will reap untold heartbreak when these children, after reaching adolescence, prove rebellious and disobedient to both, their families and society at large.

If we are desirous of children imbued with true Islamic spirit, then we must mould our lives strictly in accordance with the teachings of our beloved Rasulullah SAW so that from the very beginning of conception, our children will be blessed with the Nur and true spirit of Islam.


AN ADVICE TO THE THE EXPECTANT MOTHER

It is irrefutable that the mother's proper nourishment has a telling effect on the health of the yet-to-be-born child. In the like manner the spiritual nourishment of the mother is no less important. If the mother is desirous of an obedient, pious and spiritually healthy child - and which Muslim parent isn't??? - she has no choice but to think and act in a manner which will manifest the luminous spirit of Islaam. She will have to spend, much time offering her devotions to Allah by performing Solat, making Zikr, reciting the Holy Qur'an and fill her time with Ibadah.

This will have a two-fold result:

(i) The mother will remain spiritually and mentally healthy; and at the same time -
(ii) The child will be inheriting piety, good manners and many other angelic qualities;

Insha-Allah.

It is no wonder then that these angelic qualities are often manifested in the infancy of many great personalities. It is said of many pious people of the past - that they were born with certain portions of the Holy Qur'an already imprinted in their memory. Others even refused to drink the milk of their mother during the holy month of Ramadhan.

Below infact is an authentic incident mentioned in the collections of Bukhari and Muslim to substantiate that the acts of virtue of parents certainly have positive effects on their progenies for generations to come:

Abu Talhah RA, a companion of Rasulullah SAW, had a son who had fallen gravely ill. During that period the father had to leave home for a number of days on an important errand, leaving the child to the care of the mother. Whilst away, the sickness caused the death of the child. The mother beseeched the people not to inform her husband even when he returned. When he returned his very first enquiry was about his son. She answered that he (their son) is presently in a more comfortable state than that which he had been in (meaning that death had rendered him peace and comfort). By this answer the husband understood that he had recuperated. She then offered him his supper which he ate with relish. The good wife then even adorned herself as best she could which filled him with passionate feelings. When she saw that her husbands needs had been tended to, then only did she disclose to him the death of their son.

This stark news proved a severe blow to him. He was annoyed and overcome with intense grief, that she had not disclosed to him the child's fate earlierl. At daybreak he approached Rasulullah SAW and related to him what had transpired during the night. Rasulullah SAW intently asked him whether they had copulated. When he answered in the affirmative, he blessed them by saying: "O Allah, grant them blessings for what had transpired during the night."

Many months later, a male issue was born of them whose Tahneek (the act of placing sweet substances e.g. dates into the mouth of a newborn baby) was done by Rasulullah SAW. He (SAW) named him - "Abdullah".

When Abdullah RA grew up and married, Allah Ta'ala blessed him with nine children, all of whom became Huffaz (memorisers) of the Holy Qur'an and learned Ulama of their time. This overwhelming attainment can only be attributed to the acts of virtue of the grandmother of these Ulama. It becomes apparent from the above incident that acts of virtue of parents not only have a telling effect on their children but also on their progenies for generations to come.

Encouragement of Marriage and Having Children

Islam encourages that young Muslims get married and have children.

The Prophet Muhammad SAW is reported to have said:

"O young people, whoever of you can afford it, let him get married. It helps restrain the eyes and preserve the private parts. But if he cannot afford it, let him fast, for it works as a preventative."

Rasulullah SAW also said:

"Marry fertile women; I will be showing off your large number on the Day of Resurrection."


Choosing the Right Spouse

These are the main characteristics that should be sought when choosing a spouse:

1. Deen
It is the first thing to look for according to the Prophet Muhammad SAW's instructions. This does not mean that we should just proceed with choosing any Muslim husband/wife; but the candidate who applies Islam throughout his/her daily life; thus not just a nominal Muslim.


2. Conduct
A woman or a man who has good manners is considered as a grace from Allah SWT.

The Prophet SAW is reported to have said:

"There is nothing more beneficial to a Believer next to the fear of Allah than a pious wife. When he commands her, she obeys him; and when he looks at her, she pleases him; and when he swears by Allah that she should do a thing, she would; and when he is away, she guards herself and his property." (Note that this hadith is comprehensive enough is a complete advice to the Muslim wife.)

This also applies to the husband with regard to good conduct and fear of Allah, this is so because the responsibility of raising children requires the efforts of both parents, and not just one of them. Since in Islam, man is the head of the family, it is his responsibility to choose a pious woman to be the mother of his children.

Allah states in the Qur'an:

"O you who believe, protect yourselves and your families from a fire whose fuel is men and stones." (Surah 66: Ayat 6)

And Allah SWT also says:

"And enjoin As-Solat (the prayer) on to your family, and be patient in offering them (i.e. the Solat - prayers)."

When Allah's Messenger SAW was asked by his Companions RA about the greatest sins, he (SAW) replied:

"(The greatest sins is that) You should associate an equal to Allah while He created you, that you kill your child out of fear that he would eat from your food, and that you commit adultery with your neighbour's wife." (Bukhari and Muslim)

Abortion - A Detailed Discourse

The Below Is A Question & Answer Session Between A Muslim Medical Professional And The Ulama. Very Detailed.

Question:

As a Muslim health professional I am faced with various demands of terminating pregnancy. Kindly advise on the following:

a) Permissibility of terminating pregnancy in the following circumstances:
1. Rape or incest.
2. Proven chromosomal abnormality by ultrasound or amniocentesis e.g. Downs syndrome, Trisomy 18, etc. where accuracy of diagnosis is greater than 90%.
3. Speculated abnormalities.
4. Pregnancy in which there is a danger to the mother’s mental well-being e.g. severe depression
5. Termination as a means of spacing, financial constraints, young and/or unwed.


B. Role of Muslim health professional with regard to the following:

1. Referral of a patient who is determined to have the procedure.

2. Medical personnel including working in public health service.
a) Clerking of patients i.e. making out file, determining reason for consult, doing initial examination, taking bloods for investigation and putting up drips
b) Writing out a prescription as well as physically handing the abortifacient drug
c) Evacuation of uterus once one has partially aborted and management of complications following a termination e.g. sepsis shock, etc.

3. Role of anaesthetists:
a) Where he or she is aware that the person is undergoing a termination of pregnancy.
b) Where he or she is called for a so called miscarriage and then only discovers that it is due to a premeditated termination.

4. Role of a pharmacist dispensing medication specifically prescribed to induce a termination.

5. Role of nursing staff who have to care for the patient during the pain and bleeding following the use of abortifacient drugs.


Answer: A - TERMINATION OF PREGNANCY

Almighty Allah Ta’ala says in the Qur'an:

"Life is from a decree of my Lord." (Surah 12: Verse 85)

The above verse is self explanatory on the sanctity and significance of life. Generally every decree is from Allah Ta’ala but the honour of attribution increases its sanctity and demands its highest level of reverence. This command is mentioned in many verses of the Noble Quran.

Allah Ta’ala says:

"Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind." (Surah 5: Verse 32)

The above evidences express the sanctity of the Ruh (life). The Noble Qur'an describes the various stages of man's primordial development but it does not specify the exact duration of each state.

In one verse of the Noble Qur'an, Almighty Allah says,:

"Man, We did create from a quintessence (of clay); then We placed him as (a drop of) sperm in a place of rest, firmly fixed; then We made the sperm into a clot of congealed blood; then of that clot We made a (foetus) lump; then We made out that lump bones, and clothed the bones with flesh; then We developed out of it another creature: So blessed be Allah, the best to create." (Surah 23: Verses 12 & 14)

In a Hadith related by Bukhari and Muslim, our beloved Rasulullah SAW said"

"‘Verily the creation of each one of you is brought together in his mother’s belly for forty days in the form of a seed, then he is a clot of blood for a like period, then an angel is sent to him who blows the breath of life into him…"

Based on the above references, Muslim jurists have deduced that the first four months (120 days) of gestation is the crucial time period. After this the foetus is regarded as being ‘alive’ and an abortion is not permissible for any reason whatsoever; and, should an abortion be done then it would constitute murder.

Thus an abortion may be performed within the 120 days period only if there is a valid Shar'ee reason.

Besides the above however, it is permissible to abort the child in the following instances:

1) Rape and incest
2) Proven abnormalities, e.g. Anencephacy (no brain), Downs Syndrome, Trisomy, HIV positive, congenital rubella health.
3) If the foetal abnormalities are not proven but speculated, then, if there is a high risk that a woman may suffer from any of the above factors, then in the opinion of an honest, reliable and an experienced Muslim doctor, abortion may be permissible prior to the four months’ gestation.

It must be stressed that these are exceptional circumstances in which an abortion is allowed. Once again, it must be emphasised that the permission granted rests on medical grounds. (Ibid)

4) If there is a high risk of the mother’s permanent mental well being and if the doctor is certain (Zanne Ghaalib) that the depression, schizophrenia will be permanent and incurable.

5) Abortion before 120 days is not permissible due to spacing of children, financial constraints, young age and unwed mothers.


Answer B: - ROLE OF MUSLIM HEALTH PROFESSIONALS

Before answering the questions on the role of Muslim health professionals regarding abortion, as an introduction, we wish to briefly explain the fundamental principles that attribute to anybody's profession.

Almighty Allah says:

"And do not assist in sin." (Surah 5: Ayat 2)

The Fuqaha have explained the extent of the prohibition in assisting in sin. If the assistance is the motivating factor and the only reason for committing the sin, then such assistance is prohibited. For example, a person provokes a non-Muslim by speaking evil about his idols; he in turn speaks evil of Allah (Allah forbid). The provocation was the motivating factor of speaking evil of Allah.

Similarly, if a person deals in such things that are used only for committing sin, for example, the sale of musical items, then that assistance is sinful and forbidden. If the assistance is not the motivating factor for committing the sin but the sin is committed by an independent perpetrator, for example, a hawker sells grapes to a person who makes wine. The hawker does not know the intention of the consumer; neither does he make the wine himself. The selling of grapes by the hawker will not be assisting in sin.

A Muslim health professional is duty bound to obey the laws of Shariah in his profession. The role of the doctor in abortion is analogous to a person who deals in things used only to commit sin. Therefore he cannot perform an abortion prohibited in the Shariah, for example, after 120 days or even motivate such an abortion.

Hereunder are the answers to your queries in sequence:

1. If the patient is determined to have an abortion prohibited in the Shariah, then it is not permissible for the doctor to make any referrals. By doing so, she will be assisting in sin.

2. a) If the medical personnel are not aware that the patient requires abortion (which is prohibited in the Shari'ah), then these services will not be regarded as assisting in sin. If they are aware of the patient’s intention of having a prohibited abortion in the Shari'ah, then it is not permissible for them to offer their services in clerking such patients.
b) Writing out a prescription for an abortifacient patient drug as well as physically handing the drug for abortion is prohibited in the Shari'ah as that will be assisting in sin, have not permissible.
c) To evacuate the uterus after partial abortion and treating a patient from sepsis shock, etc. after abortion is permissible. The services of the doctor is after the patient has committed the sin.

3. a) If the anaesthetist is aware that the patient is undergoing an abortion, he or she cannot provide his or her services.
b) A Muslim anaesthetist may offer his or her service in a miscarriage even though he or she discovers that the miscarriage is due to a premeditated termination. According to our understanding the anesthetist will not induce the miscarriage.
4. It is not permissible for a Muslim pharmacist to dispense medication prescribed to induce an abortion prohibited in the Shari'ah since it will be assisting in a sinful act.
5. It is permissible for Muslim nursing staff to nurse patients during the pain and bleeding following the abortion.

The Ruling Of Using Contraception In Islam

Nowadays, there are many types of contraceptive methods used. Among them:

Reversible-Chemical - the pill which is taken orally spermicidal jellies used locally.

Reversible-Mechanical - use of condoms and intra-uterine devices

Reversible Physical - coitus interruptus, rhythm method

Permanent - Sterilisation Operation - tubal ligations, vasectomies.


EXPLANATION:

Contraception is permissible on a limited scale for valid reasons - reasons considered by the Shari'ah to be valid. The circumstances which will permit reversible and permanent contraception differ.

Among the reasons accepted by the Shari'ah as valid for practising reversible contraception are:
1. Physical weakness.
2. Sickness.
3. The wife maintaining her beauty or figure for the sake of her husband.
4. The couple being on a journey or in a distant land.
5. Adverse political conditions, e.g. children are forcibly separated fromtheir parents as is advocated by communism; etc.
6. The couple decide to separate in the near future.
7. The wife is an immoral person.

The above are valid grounds for practising reversible contraception.

Poverty or the fear of poverty are not valid reasons for contraception. It is not permissible to practice contraception on account of a fear of not being able to provide for a large family. Such a fear is an attribute of non-Muslims.

According to the Al-Qur'an:

'There is not a living creature, but its sustenance is the responsibility of Allah."

Similarly desire to curb sexual desire which may stem out of piety is not a lawful ground for contraception. If practised for any reason which is unlawful in Islam, then contraception will likewise be unlawful, e.g. forindulgence in illicit sex.

Permanent contraception is permissible only if the woman's life is in danger or her health is seriously threatened.

Also Al-Tabarani extracted in his book entitled Al-Mu’jam al-Kabeer that Nabi SAW said:

"Get married and have large families."

Islam has encouraged and exhorted proliferation, and made the preserving of progeny one of the high ideals; Islam has decreed a set of rules designed to maintain the progeny, such as marriage, and also to protect it as reflected in Allah SWT saying in the Qur'an:

"Kill not your children for fear of want, We shall provide sustenance for them as well as for you."(Surah 17: Ayat 31)


Allah SWT also mentions in the Qur'an:

"And from them twain he scattered countless men and women." (Surah 4: Verse 1)

In Islam, it isn’t permitted to halt birth due to economic or financial reasons, Allah SWT says:

"There is no moving creature on earth but its sustenance depends on Allah." (Surah 11: Verse 6)

And Allah SWT says in the Qur'an:

"Do not kill your children for fear of poverty for it is we who shall provide sustenance for you as well as for them." (Surah 6: Verse 2)

In Islam as in all the religions, fertility is highly prized and children are a gift of Allah to bring:

"Joy to our eyes." (Surah 25: Verse 74)

Bukhari and Muslim extracted on the authority of Sa‘id al-Khudri RA who reported:

"We were out with the Messenger of Allah (SAW) and we desired our women as we have been complaining from celibacy, our women wanted us to perform the ‘azl (coitus interruptus / withdrawal), so we asked Allah’s Messenger (SAW) about this and he said:

"There is no harm in doing this for Allah swt will create what he wishes till the Day of Judgment."

According to Umar ibn Khattab RA, the Prophet SAW forbade the practice of contraception (azl) with a free woman except with her permission.

The above texts explicitly indicate that the ‘azl, in other words temporary contraception, is permitted (mubah). This is so because the permissibility of ‘azl has been mentioned in connection with unwanted pregnancies. However, the belief must always be unshakable that if we used any means of contraception, Allah SWT will always create whatever he wished till the Day of Judgement.

Allah SWT says in the Qur'an:

"Losers are those who killed their children foolishly, due to their lack of knowledge, and prohibited what God has provided for them, and followed innovations attributed to God. They have gone astray, they are not guided." (Surah 6: Verse 140)

Custody of Children - Spiritual & Technical Advice

As an introduction, we should understand that our children are a trust of Allah upon us. He has ordered us to fulfil the rights of this trust. Primarily, children have two rights:

1. To receive love
2. To receive proper upbringing.

Both these rights are equally important.

Love to the child enhances compassion.
Proper upbringing enhances righteousness.

While both the parents have to make an effort to enhance both these qualities in the child, generally the mother fulfills the greater part of showing love thus enhancing compassion and the father fulfils the greater part of proper upbringing thus enhancing righteousness.

The absence of any one of these two qualities (compassion or righteousness) is detrimental to the child.

A person without compassion is not loved; and
A person who is not upright is not respected by society.

Only with a joint effort by both parents fulfilling their respective roles can the children be balanced and fulfil a meaningful role in society.

Generally, a single parent is unable to adequately fulfil both the rights of the child. The death of one of the parents is beyond our control, and cannot be avoided. However, divorce is within our control and should be avoided as far as possible, especially if there are children involved.

Although Shari'ah has addressed the rights of custody and visitation, when there is a dispute and no understanding between the parties, children still suffer the lifelong consequences of their parents' disputes and subsequent divorce. Therefore, a healthy child is he who has been jointly reared by both parents.

However, if the parents are divorced, the mother has the rights of custody of a minor. In the case of a male, till the age of seven and in the case of a female till the age of nine.

The mother will receive the rights of custody with 5 conditions:

She is -

(a) a free person
(b) adult
(c) sane
(d) trustworthy
(e) capable

Hence, the mother's right of custody is forfeited if:

(a) She remarries a Ghayr Mahram (stranger according to Shari'ah) of the child
(b) She demands remuneration for the upbringing of the child if there is another woman to rear the child without remuneration
(c) She does not attend to the child due to her leaving the house very often
(d) Openly indulges in sin and there is fear of the child being affected.

If the mother does not or is unable to exercise her right, then the following persons have the right of custody in sequence:

(a) maternal grandmother
(b) paternal grandmother
(c) real sister
(d) maternal sister
(e) paternal sister

After all the avenues of the female have been exhausted as explained by the Jurists, the males have the right of custody in the following sequence:

(a) father
(b) paternal grandfather
(c) real brother
(d) paternal brother
(e) maternal brother

Irrespective of who (mother/father) has the rights of custody, the other party has visitation rights according to mutual understanding and consent.

In today's age of ignorance and evil - generally, the party having the rights of custody uses the child as a weapon to punish the other party by depriving them of visitation rights. This is un-Islamic and also harmful to the child. At all times the father of the child is responsible for maintaining the child; in the case of a female, until she marries; while in the case of a healthy male, until he reaches maturity. In the case of a disabled child (male or female) the father is permanently responsible.

When the mother has the rights of custody but does not have a shelter to stay in with the child, the father must provide shelter for both.

Muhrim Status Of Father-In-Law

The father-in-law is a Muhrim.

However, in the sick cultured society of this day and age, if there is a fear of illicit relationship between the father-in-law and daughter-in-law, then strict Hijab must be observed.

Child Adoption In Islam

Child adoption in Islam is permissible.

The circumstances of each case may differ from the other. In any circumstances, the important aspect is the consent of both parties, adoptive parents and guardian of the child i.e. for example,
biological parents.

Abortion - A Quick Spiritual Discourse

The Quran says:

"Life is from a decree of my Lord." (Surah 12: Verse 85)

The above verse is self explanatory on the sanctity and significance of life. Generally every decree is from Allah Ta'ala but the honour of attribution increases its sanctity and demands its highest level of reference. This command is mentioned in many verses of the Quran.

Allah Ta ala says:

"Whosoever has spared the life of a soul, it is as though he has spared the life of all people. Whosoever has killed a soul, it is as though he has murdered all of mankind." (Surah 5: Verse 32)

The fact that every one soul is equivalent to all of mankind clearly indicates the value of every life. The above should suffice to express the sanctity of the Ruh (life). It is not permissible under any circumstances to destroy a ruh. The jurists have mentioned the life enters the foetus upon 120 days. From then onwards the foetus is a living human being. Under no circumstances will it be permissible to abort the child.

Allah Taala in his infinite knowledge knows the circumstances, inspite of Him Being Most Merciful, He has endowed the foetus with life. Can our deficient mercy to abort the child be compared to Allah's Infinite Mercy to sustain the child?

The heights of Allah's Infinite Wisdom cannot be reached or comprehended. The importance of the biggest problem in the circumstances cannot be equivalent to the importance of the Ruh (life). It is too dear to be discarded. Before 120 days too, it is not permissible to abort the child.

However, in terms of Islamic Jurisprudence, let it be known that it may be permissible to abort before 120 days in the following instances:

1. Rape
2. Incest
3. Sexual interference with the mentally retarded
4. Foetal deformity e.g. anencephacy (no brain) and congenital rubella health

Under normal, common, undisturbed circumstances, abortion is haram.

Brother-In-Law & Sister-In-Law

Rasulullah SAW said:

"The brother-in-law is death (to the sister-in-law)."

In view of the above Hadith mentioned, a person should exercise strict Hijab with his / her
sister-in-law / brother-in-law. Do not look at them or talk to them unnecessarily.

In most cultures of the world, it is commonly accepted that the brother-in-law and sister-in-law are like brothers and sisters. This is a misconception and does not make the rulings in shari'ah. The brother-in-law to the sister-in-law is a non-Muhrim; and vice-versa.

Why Are There Males & Females In This World ?

The very nature of how Allah SWT creates, and sustains is full of wisdom. It is not possible for us to comprehend all the wisdoms in the creation of Allah.

However, in our limited understanding, some wisdoms are:

a) To comfort one another,
b) Procreation
c) The father to guide and nurture the children; and
d) The mother to show affection to the children.

And Allah Ta'ala Knows Best