Details of Fatwa - WordPress.com · Web viewIn the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace and blessings be upon His Messenger

Details of FatwaTitle of Fatwa Laziness in Performing HajjDate of Reply 25/Jan/2004Topic Of Fatwa Hajj: Merits & RulingsCountry Applied United StatesQuestion of Fatwa As-Salamu Alaikum. What does Islam say about a person

who had the opportunity to make Hajj, but he/she did not take the opportunity. Would the person be punished for the delay?

Name of Mufti Yusuf Al-QaradawiContent of Reply

Wa Àlaykum As-Salam Warahmatullahi Wabarakatuh.

In the Name of Allah, Most Gracious, Most Merciful.

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

Dear brother in Islam, let's, first and foremost, commend your pursuit of knowledge and keenness in getting yourself well-acquainted with the teachings of Islam. It is, in fact, the duty of every Muslim, males and females, to observe the ordinances of Islam in the sound way. In doing so, a Muslim has to acquire knowledge either by means of study or asking knowledgeable Muslims.

In his response to your question, Sheikh Yusuf Al-Qaradawi, the prominent Muslim scholar, states the following:

“Hajj has been made mandatory only on those who can afford it as Allah the Almighty and His Prophet, peace and blessings be upon him, have said. It is mandatory only once in the lifetime of every Muslim as the Ulama unanimously stated. Al-Bukhari, and Muslim have narrated that when the Prophet, peace and blessing be upon him, was asked about Hajj, he was asked, ‘do we make it every year’. His response was that “if I say yes, then it would be prescribed upon you, and you won’t be able to make it annually”. However, the question remains that if the condition of Making-making is available, would it be mandatory to make it immediately or can it be delayed? The majority of scholars have said it should be made “immediately”, and those who postpone it are committing a wrongdoing. If the person passes away without making it although he/she is able, then, they are mistaken and would be punished unless Allah the Almighty forgives them.

In fact, the Prophet, peace and blessings be upon him, has encouraged Muslims to take advantage of their health, and financial ability to make Hajj before getting sick, or financial conditions may change. It was narrated that the Prophet, peace and blessing be upon him, had said “Make Hajj, you never know what will happen.” However, Imam Shafiì said that Hajj is mandatory and there is no harm in delaying it. His proof is that, the Prophet, peace and blessings be upon him, has made Hajj in the 10th year after Hijrah although it was prescribed in the sixth. If it is an immediate, then the Prophet, peace and blessing be upon him, would have made it immediately, but Shafiì supports the opinion that prefers making Hajj immediately whenever conditions are conducive. The Prophet, peace and blessings be upon him, said that Allah the Almighty says “A slave of mine whom I granted good health, showered him with bounties, and five years passes and he/she doesn’t come to Me in Ihram is deprived.” And when Allah the Almighty has said

http://www.islamonline.net/servlet/Satellite?cid=1119503615061&pagename=IslamOnline-English-Ask_Scholar%2FFatwaCounselorE%2FFatwaCounselorE

“Pilgrimage thereto is a duty - men owe to Allah - those who can afford the journey; but if any deny faith, Allah stands not in need of any of His creatures.” This is why Allah the Almighty said at the end of the verse “Allah stands not in need of any of His creatures.” In conclusion, the Prophet’s Sunnah stands for the idea of making Hajj whenever conditions are available.”

Details of FatwaTitle of Fatwa Sucking Wife’s BreastsDate of Reply 24/Jan/2004Topic Of Fatwa Intimate relationsCountry Applied United StatesQuestion of Fatwa As-Salamu àlaykum! Is sucking one’s wife’s breasts

haram? Does suckling one’s wife’s breasts make her as one’s mother (i.e., becoming unlawful for him)?

Name of Mufti Group of MuftisContent of Reply

Wa àlaykum As-Salamu wa Rahmatullahi wa Barakatuh.



Dear brother in Islam, thank you very much for having confidence in us and we hope our efforts which are purely for Allah’s sake, meet your expectations.

As for sucking one's wife breast, you should know that this issue is controversial. Some scholars say that if a husband sucks his wife’s breast several times in a way that he gets satisfied and the milk reaches his stomach, his wife will be forbidden for him. But, the majority of scholars view that the sucking that makes a woman unlawful to one is that which is given only within the first two years of his life.

The well-known Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

“During the life-time of the Prophet’s Companions (may Allah be pleased with them all) it happened that one of the Companions was making love with his wife, and in the course of love-making he (the Companion) sucked her breasts to the extent that some of the milk reached his stomach. Following that, the Companion went to Abu Musa Al-Ashàri (may Allah be pleased with him) and asked him about the ruling. Replying the man, Abu-Musa Al-Ashàri said that the man’s wife had become forbidden for him. (i.e., like his mother)

After that, the man went to ask Àbdullah Ibn Masùd (may Allah be pleased with him) about the same ruling and Ibn Masùd stated that there was nothing wrong with what happened. Ibn Masùd backed his argument by citing the Prophetic hadith, which clearly states that suckling is confined only to the two earlier years of a child. Ibn Masùd cited this Qur’anic verse: 'Mothers shall suckle their children for two whole years; (that is) for those who wish to complete the suckling…' (Al-Baqarah: 233)

The apparent meaning of the aforementioned verse is that the suckling, which may


act as a cause of prohibition, is confined to the suckling during the first two years. After the elapse of the first two years, suckling is no longer a cause of prohibition. Hearing the above argument, Abu-Musa Al-Ashàri (may Allah be pleased with him) said: 'Do not ask me while this erudite scholar is there to guide you.

In conclusion, sucking the wife's breast, as far as Islam is concerned, does not render her unlawful for the husband."

Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, adds:

"The wife's breast milk is intended for the baby, and not for the husband to consume. Although the husband is allowed to suck on it gently, he is not allowed to draw the milk in. According to some scholars, if he were to do so it would endanger the marriage relationship — if done five times. The Prophet (peace and blessings be upon him) said, 'Avoid that which is doubtful', for, 'thereby one keeps his honor and religion intact.'

It is, therefore, important for the husband to refrain from such actions for we should do what is most pious and therefore safest." (Source: www.muslims.ca)

May Allah guide you to the straight path and direct you to that which pleases Him, Amen.

Allah Almighty knows best.

Details of FatwaTitle of Fatwa Contraception: Permissible?Date of Reply 18/Jan/2004Topic Of Fatwa Medicine, Pregnancy & newbornsCountry Applied IndiaQuestion of Fatwa Dear Sheikh, as-Salamu àlaykum! If a Muslim mother has

a six-month-old baby and is breast-feeding him, can she take precautions against another pregnancy at least for three years, to preserve her health and that of the baby? What are the steps that are allowed in Islam for taking precautions against pregnancy and what are the steps prohibited in Islam? Is Intra-uterine Device (IUD) allowed in Islam? This device, as well as other contraceptives, are reversible and can be left in place for several years (for example, copper devices - left for 2-5 years). What does Islam say about using contraceptive pills? What should be the husband's role in accepting the steps provided by his wife if they are allowed in Islam? Should he encourage her for taking precautions?

Name of Mufti Yusuf Al-Qaradawi, Muhammad Saleh Al-MunajjidContent of Reply






Dear sister in Islam, we are very pleased for the great confidence you repose in us and we really commend your apparent interest in having a better understanding of the teachings of Islam and the rulings of this great religion in all matters. In fact, Islam is a religion that encompasses all aspects of life and secures guidance and light for all mankind.

As for your question, it should be clear that one of the major purposes of marriage in Islam is procreation, as it is the divinely appointed method of propagating human species on the face of the earth. Furthermore, Islam considers children as a source of blessing. The Prophet, therefore, exhorted his people to “marry and procreate.” Married couples, therefore, must not consider marriage simply as an avenue of sexual or emotional fulfillment and satisfaction, but also for purpose of procreation.

While procreation through marriage is highly recommended, Islam equally stresses the importance of rearing and nurturing children who are the future leaders and assets of the community and humanity. Parenting demands adequate care and attention on the part of parents, in the absence of which, children will simply become a burden. The Prophet (peace and blessings be upon him) said, “A strong believer is superior to a weak believer.”

In his well-known book, The Lawful and the Prohibited in Islam, the prominent Muslim scholar, Sheik Yusuf Al-Qaradawi, states:

“The preservation of the human species is unquestionably the primary objective of marriage, and such preservation of the species requires continued reproduction. Accordingly, Islam encourages having many children and has blessed both male and female progeny. However, it allows the Muslim to plan his family due to valid reasons and recognized necessities.

The common method of contraception at the time of the Prophet (peace and blessings be upon him) was coitus interruptus (withdrawal of the penis from the vagina just before ejaculation) thus preventing semen from entering the vagina. The Companions of the Prophet (peace and blessings be upon him) engaged in this practice during the period of the Qur’anic revelation. Jabir (may Allah be pleased with him) said, 'We practiced coitus interruptus during the time of Allah’s Messenger (peace and blessings be upon him) while the Qur’an was being revealed.' (Reported by al-Bukhari and Muslim)

Another version of this hadith, narrated by Muslim, reads, 'We practiced coitus interruptus during the time of Allah’s Messenger (peace and blessings be upon him). He came to know about it, but he did not prohibit it.'

In a gathering at which Ùmar was present, someone remarked, ‘Some say that coitus interruptus is a minor form of burying a child alive.’ To this Àli replied, ‘This is not so before the completion of seven stages (of reproduction): being a product of the earth, then a drop of semen, then a clot, then a little lump of tissue, then bones, then bones clothed with flesh, which then become like another creation.’ ‘You are right,’ said Ùmar, ‘May Allah prolong your life.’

Valid Reasons for Contraception:

The first valid reason for contraception is the fear that the pregnancy or delivery might endanger the life or health of the mother; the criterion of determining this possibility is experience or the opinion of a reliable physician. Allah Almighty says: '... And do not be cast into ruin by your own hands....' (Al-Baqarah: 195) and, '... and kill not one another. Lo! Allah is ever Merciful unto you.' (An-Nisa': 29)

Another reason is the fear that the burden of children may hamper the family’s circumstances so much that one might accept or do something haram (unlawful) to satisfy their needs. Allah says: '... Allah desires ease for you, and He does not desire hardship for you...' (Al-Baqarah: 185) and, '... It is not Allah’s desire to place a burden upon you...' (Al-Ma'idah: 7)

Another valid reason is the fear that the new pregnancy or a new baby might harm a suckling child. The Prophet (peace and blessings be upon him) termed intercourse with a nursing mother, or rather the intercourse, which results in pregnancy while the mother is still nursing a baby, 'Gheelah,' emphasizing the fact that pregnancy would pollute the milk thus causing great harm to the suckling infant.

Since he was greatly concerned with the welfare of his Ummah, the Prophet (peace and blessings be upon him) dissuaded people from what would harm them.

Among the Prophet's remarks on this issue is 'Do not kill your children secretly, for Gheelah overtakes the rider and throws him from the horse.' (Reported by Abu Dawud)

The Prophet (peace and blessings be upon him) did not, however, go so far as to prohibit intercourse with a nursing mother, as he noted that the Persians and Greeks, the two most powerful nations of his time, practiced it without any resulting injury to their children. Moreover, he feared that it would be a great hardship for husbands to abstain from their wives during the period of suckling, which may last up to two years. He said, 'I intended to prohibit Gheelah, if not for the fact I noticed that the Persians and the Greeks suckled their children during pregnancy without any injury being caused to their children as a result.' (Reported by Muslim)

Ibn Al-Qayyim, in comparing this hadith to the one quoted just before it 'Do not kill your children secretly...' says, 'The Prophet (peace and blessings be upon him) saw that pregnancy harms the suckling infant in the same way as being thrown off a horse harms a rider: it is injurious, but not to the extent of killing the baby. He advised them to avoid intercourse leading to pregnancy while the woman is nursing an infant, but he did not prohibit it. He then intended to prohibit it in order to save the health of the suckling child if not that he considered the gravity of the danger this would cause the husband, especially the young ones, and the effect of that on society.

On balancing these matters, therefore, he preferred not to prohibit it. Moreover, he saw that in the two most powerful and populous nations of his time, (women) suckled their children during pregnancy without any negative effect on their strength or numbers, and accordingly he refrained from prohibiting it.' (Ibn Al-Qayyim, Miftah Dar Al-Saàdah, p. 620; also see Zad Al-Miàd, vol. 4 p. 26)

In our time, new methods of contraception are available which realize the objective

intended by the Prophet (peace and blessings be upon him) that of protecting the suckling infant from any possible harm which may occur due to the pregnancy of his mother while at the same time avoiding the hardship to the husband in abstaining from sexual relations with his nursing wife.

From this we may conclude that from the Islamic point of view the ideal spacing between two children is thirty months, or, if one wants to nurse the baby for two full years, then thirty-three months."

Sheikh M. S. Al-Munajjid, a prominent Saudi Islamic lecturer and author, adds:

"The answer to question of contraception is found in the following three points:

1. Giving birth is the right of both husband and wife, and neither one of them has the right to deprive the other from doing so.

2. It is prohibited to take any measure, which would permanently prevent pregnancy, or cause infertility. It is permissible, however, to use temporary birth control methods to delay pregnancy, as in the case of delaying pregnancy for the two years of breastfeeding the first child.

3. It is prohibited to use any birth control method which would harm the body, as the Prophet (peace and blessings be upon him) said: 'Do not (impose) harm, nor (inflect) harm.'" [Quoted, with slight modification, from: Islam Q&A (www.islam-qa.com)]

Details of FatwaTitle of Fatwa Watching TV: Permissible?Date of Reply 14/Jan/2004Topic Of Fatwa Cinema, Theatre & TVCountry Applied EgyptQuestion of Fatwa As-Salamu àlaykum Waramatullah Wabarakatuh!

Gentlemen, thanks for your efforts in teaching people about Islam. The question I have for you is that, as you know, watching TV has become a controversial issue among people, for some people say it’s permissible, while others condemn it. What is your opinion on this?





Brother, first of all, we’d like to say that we are impressed by your question, which emanates from a thoughtful heart. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.


As regards your question, following is the fatwa issued by the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, on the issue of watching TV:

“TV, radio, magazines and newspapers are used for many purposes. We cannot qualify them as good or evil, lawful or unlawful. It depends on the way they are used and on the quality of programs and information they present. For instance, a weapon used by a person in fighting in Allah’s Cause can be used by another person to commit crimes. Therefore, it appears that a single tool can be used for various purposes.

This is applied to the case at hand. TV, like radios and newspapers, greatly contributes to mental, spiritual, psychological, ethical and social enhancement but it can also be greatly corrupting. This goes back to the quality of the programs it presents.

In brief, I can say that TV as well as all means of media presents good and evil and what is lawful and unlawful. The Muslim in this case is to judge the situation by himself. He can watch TV when it presents good and Islamically interesting program and put it off when it presents the otherwise. He can watch it to have updated news and follow other cultural, religious educational, and other lawful programs. Kids also can watch cartoon and other benefiting programs.

What is not permissible is to watch corrupting films that are full of obscene scenes, or films that give full vent to the Western idea of boy-girl friendship and extramarital affairs, etc. These films only aim at teaching vices and they encourage drinking wine and licentious dancing.

That is why many religious people do not allow these devices to enter their homes for they cause greater harm than its benefits and so they are considered unlawful especially that they have great effects on souls, minds and feelings.

There is no doubt that a great caution should be demonstrated regarding these devices. Yet the problem is that these means of media have become indispensable, given the good effects they sometimes have in imparting knowledge. That is why, as I have said, one should be very cautious in using them, i.e., whenever there are good stuff being presented on TV, there is nothing wrong in watching it, but a good Muslim should put it off the moment it presents licentious materials. The same is true for magazines.

Besides, if a person sees that he cannot exercise restraint or apply methods of regulating when and how he makes use of these means of media, then it’s better for him not to have them at home, in a way of blocking channels of evil. That’s my opinion on this issue.

I would like to add that the greatest responsibility falls on the state authorities in general and on those who are in charge of mass media in particular. Allah Almighty would question them as regards all the messages they convey to people and all the programs presented via means of media.

May Allah guide us to the right path!"

Details of FatwaTitle of Fatwa Is the Muslims-Jews Conflict Creedal or Political?Date of Reply 14/Jan/2004Topic Of Fatwa Muslim Belief, Misconceptions, Jihad: Rulings & RegulationsQuestion of Fatwa Is the conflict between Arabs or Muslims in general and the

Jews political or it's an issue that has something to do with the religion, and what is the future of this clash in sha’ Allah?


In the Name of Allah, Most Gracious, Most Merciful


Dear questioner, we are greatly pleased to receive your question which shows the confidence you place in us. May Allah reward you abundantly for your interest in knowing the teachings of Islam!

Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi, states the following:

“As I have explained before and repeat now, our conflict with the Jews is over the land. It is not about their Judaism, because they are People of the Book (i.e. they believe in a revealed religion). We are allowed to eat their food and marry their women. Allah Almighty says, “The food of the People of the Book is lawful unto you and yours is lawful unto them. (lawful) unto in marriage) are (not only) chaste women who are Believers, but chaste women among the People of the Book" (Al Ma'idah: 5) Accordingly, social intercourse, including inter-marriage, is permitted with the People of the Book. Virtually, the Jews lived under Muslims' protection for many centuries.

However, ever since the Jews set their eyes on our land, on Palestine, the land of Al Isra' (i.e. the Night Journey) and Al Mi`raj (i.e. Prophet Muhammad's ascension to the seven heavens), the land of Al-Aqsa Mosque, ever since they contrived to set up a country on the debris of Al-Aqsa Mosque, a fierce feud broke out between us. However, this does not mean that it is not a religious, creed-oriented conflict. There is a paradox in this cause. The fact that our conflict is not based on creed does not mean that our row is not religious. We are a religious nation and so are the Jews. Our conflict over the land is cloaked with religion.

When a Muslim defends his land, he is not just defending mere soil, he is actually defending the land of Islam. Thus, should he die in the process, he is a martyr. Should a Muslim die defending his money, he is a martyr. Should he die defending his family, he is a martyr. Should he die defending his religion, he is a martyr. This means that the battle we are to fight is of a religious character. A Muslim steadfastly abiding by his religion sees every conflict he is to go through as directly related to Islam.

This is especially true for this particular conflict. Muslims would be defending the land of the first qiblah, the homeland of the Prophets, the land of the third most sacred mosque, and the land of Al Isra' and Al Mi`raj. This land has a very special place in the heart of every Muslim.


Muslims battle to defend their holy land; likewise, Jews regard this battle as holy, as they would be defending the Promised Land. To them, this land stands as a symbol of the aspirations of the Torah and the teachings of the Talmud. They uphold three values; God, the people and the land. Some of the Jews choose to refer to them as the Torah, the people and the land. The three are evidently intertwined.

Consequently, they fight us in the name of faith. Therefore, we refuse to leave Islam out of the picture. I wish to make myself clear; I do not mean to exclude aspects relating to religion from the cause. This would be undisguised treachery and it is not what I mean. I wish to dispel any possibility of misunderstanding. I am only trying to explain the verse, "Strongest among men in enmity to the Believers wilt thou find the Jews and Pagans…" (Al Ma'idah: 5) This verse refers to the days of the Prophet (peace and blessings be upon him). Afterwards, the Jews enjoyed a safe life under Muslims' protection, when no one else offered them shelter. They led a life of affluence and leverage. We never experienced any kind of conflict, with the exception of occasional cultural differences.

However, from the point of view of religion, Jews are, in no way, different from Christians. They are both People of the Book, notwithstanding their present aggression. I will never twist facts on account of their assault. At a certain point, Christians were a far worse enemy than the Jews, namely during the crusades. The Jews were on Muslims' side. We ought to give matters their due. If I am asked at the present time: is a Muslim allowed to marry a Jew? My answer would be, no. Scholars have unanimously agreed that we are not to marry from among the enemy even if they were People of the Book; for in that case, it would be like a Muslim marrying a Jewish woman spy working for Israel. According to our induction, all Jews are pro-Israel. Thus, generally speaking, a Muslim is not allowed to marry a Jew in any state around the world.

A Jew basically supports Israel. Israel was mainly established with the aid of the donations and the leverage of Jews all around the globe. The Jewish lobby in the US as well as the US veto spurred by the Jewish lobby take full credit for the establishing of Israel and its survival. But we can never ignore Allah's verses, "Except a few among you, and ye backslide (even now)."( (Al Baqarah: 83) and “ …but few of them will believe "(An-Nisa': 46) There are always exceptions. However, when passing a judgment, we speak of all the Jews because we refer to the majority. Scholars maintain that the majority are to abide by the ruling of the whole group, whereas no ruling is to be passed for the minority.

As for this conflict between the Jews and us, it is continuing as long as the land of Palestine is still under the Jewish occupation. This struggle will remain aggravating for some time and witness dissipation at intervals, according to the Sunnah of Allah in the circulation of events, but the righteous will laugh last, and Muslims will gain at last. But this will happen only when they get rid of feebleness by which the Prophet (peace and blessings of Allah be upon him), described them in his saying, “You will be in great numbers but you will be as the scum of flood and Allah will remove terror from the hearts of your enemies and He will cast feebleness into your hearts.’ They said, ‘What do you mean by feebleness, O Messenger of Allah?’ He replied, “It means loving this worldly life and hating death.”

Details of Fatwa

Title of Fatwa Singing & Music: Islamic ViewDate of Reply 13/Jan/2004Topic Of Fatwa Singing & MusicCountry Applied United KingdomQuestion of Fatwa As-Salamu àlaykum! In his fatwa " Does Islam Go against

Laughter? ", Sheikh Yusuf Àbdullah Al-Qaradawi stated that when Abu Bakr As-Siddeeq (may Allah be pleased with him) tried to stop two young girls from singing in the Prophet’s house, the Prophet (peace and blessings be upon him) told him: 'Let it be, for we are now in the feast.'

However, Sheikh Qaradawi did not refer to the following hadiths: Ibn Masùd (may Allah be pleased with him) used to swear by Allah that the ayah "And of mankind is he who purchases idle talk to mislead (men) from the Path of Allah . . .” (Luqman: 6) referred to singing. Abu ‘Amir and Abu Malik al-Ashàri (may Allah be pleased with them) reported that the Prophet (peace and blessings of Allah be upon him) said: “Among my Ummah will be those who make permissible al-hira (adultery), silk, khamr and musical instruments . . .” (Reported by al-Bukhari; see al-Fath, 10/51). Anas (may Allah be pleased with him) reported that the Prophet (peace and blessings of Allah be upon him) said: “In this Ummah there will be punishments of earthquakes, showers of stones and deformity (transformation into animals); that will be when the people drink khamr, listen to female singers and play musical instruments.” (See al-Silsilah as-Saheehah, 2203; attributed to Ibn Abid-Dunya, Dhamm al-Malahi; the hadith was narrated by at-Tirmidhi, no. 2212).

Also, Sheikh Qaradawi did not mention the following facts: It is reported in a Sahih hadith that the Prophet's laughter was never more than a smile. (Reported by Ahmad) According to another hadith, he (peace and blessings be upon him) used to remain silent for long periods, and laugh little. (Reported by Ahmad) ‘A’ishah (may Allah be pleased with her) said: “I never saw the Messenger of Allah (peace and blessings be upon him) laughing so heartily that his back teeth showed; he would only smile.” (Reported by Abu Dawud)

Now, don't the readers have the right to know the other side of the coin too? But then again, perhaps I am wrong about it. I would however, appreciate it, if the fatwa issuer could reply to my objections. Wassalam

Name of Mufti A Group of Islamic ResearchersContent of Reply





First of all, we would like to thank you for the great confidence you have in us. We hope our efforts meet your expectations.

Given that your objection revolves mainly around music and why it is permissible, here is the clarification for that in the light of fatwa issued by Sheikh Yusuf Al-Qaradawi:

The whole issue of singing is controversial, whether it is with musical accompaniment or not. Some issues succeeded to gain the Muslim scholars’ agreement, while others failed. All scholars have unanimous view on the prohibition of all forms of singing and music that incites debauchery, indecency, or sin. As for musical instruments, given the weakness of the evidence indicating that they are forbidden, the rule to be applied here is the one states that all things are originally deemed permissible as long as there is no Shariàh text that prohibits them.

Singing is no more than melodious words; if these are good, singing is considered good; but if they are bad, such singing is deemed bad. Talk that contains forbidden content is prohibited. What if that talk is accompanied with rhythm and melody?

Scholars agree on the permissibility of singing without instrumental accompaniment and where the content is not prohibited. This sort of singing is allowed only in certain occasions such as: weddings, feasts, welcoming a traveler, and the like. This is based on the hadith of the Prophet (peace and blessing be upon him) that states: “He (peace and blessings be upon him) asked, ‘Have you given the girl (i.e., the bride) anything as a present?’ They (the attendants) replied, ‘Yes.’ He asked, 'Did you send a singer along with her?' 'No', said À'ishah. The Prophet (peace and blessings be upon him) then said, 'The Ansar are a people who love poetry. You should have sent along someone who would sing: Here we come, to you we come, greet us as we greet you.'" In this case, we can say that a woman can sing only in front of women and her non-marriageable male kin.

In the subject of musical instruments, scholars disagree on the matter. Some of them permit all sorts of singing, be it accompanied with musical instruments or not, and even consider it recommended. A second group of scholars permit singing only when is not accompanied with a musical instrument. A third group declare it to be prohibited whether it be accompanied with a musical instrument or not; they even consider it as a major sin. In supporting their view, they cite the hadith narrated by Imam Al-Bukhari on the authority of Abu Malik or Abu Àmir Al-Ashàri (doubt from the sub-narrator) that the Prophet (peace and blessings be upon him) said, 'From among my followers there will be some people who will consider illegal sexual intercourse, the wearing of silk (clothes), the drinking of alcoholic drinks and the use of musical instruments, as lawful.' Although this hadith is in Sahih Al-Bukhari, its chain of transmission is not connected to Prophet Muhammad (peace and blessings be upon him) and this invalidates its authenticity. Ibn Hazm rejects it for that very reason. Moreover, the sub-narrator, Hisham Ibn Àmmar is declared ‘weak’ by many scholars of the Science of Hadith Methodology.

Besides, this hadith does not clearly prohibit the use of musical instruments, for the phrase 'consider as lawful,' according to Ibn Al-Àrabi, has two distinct meanings:

First: Such people think all these (the things mentioned) are lawful.

Second: They exceed the proper limits that should be observed in using these

instruments. If the first meaning is intended, such people would be thus disbelievers.

In fact, the hadith in hand dispraises the manners of a group of people who indulge themselves in luxuries, drinking alcohol and listening to music. Therefore, Ibn Majah narrates this hadith from Abu Malik Al-Ashàri in the following wording: "From among my followers there will be some people who will drink wine, giving it other names while they listen to musical instruments and the singing of female singers; Allah the Almighty will make the earth swallow them and will turn them into monkeys and pigs.” (Reported by Ibn Hibban in his Sahih)

Conclusion on Permissibility of Musical Instruments

In the light of the above, it is clear that the religious texts that stand as a basis for those who maintain that singing is haram are either ambiguous or inauthentic. None of the hadiths attributed to Prophet Muhammad (peace and blessings be upon him) is valid as evidence on the judgment of prohibition. Moreover, all these hadiths are declared ‘weak’ by the followers of Ibn Hazm, Malik, Ibn Hanbal, and Ash-Shafiì.

In his book, Al-Ahkam, Al-Qadi Abu Bakr Ibn Al-Àrabi says, “None of the hadiths maintaining that singing is prohibited are considered authentic (by the scholars of the Science of Hadith Methodology).” The same view is maintained by Al-Ghazali and Ibn An-Nahwi in Al-Ùmdah. Ibn Tahir says, “Not even a single letter from all these Hadiths was proved to be authentic.”

Ibn Hazm says, “All the hadiths narrated in this respect were invented and falsified.”

Proofs of Those Who Maintain that Singing is Halal:

First: The Textual Proofs:

They base their argument on some authentic hadiths of Prophet Muhammad (peace and blessings be upon him). One of these hadiths is the following:

À'ishah (may Allah be pleased with her) narrated: “Allah’s Messenger (peace and blessings be upon him, came to my house while two girls were singing beside me the songs of Buàth (a story about the pre-Islamic war between the two tribes of the Ansar, the Khazraj and the Awus). The Prophet (peace and blessings be upon him) laid down and turned his face to the other side. Then Abu Bakr came and spoke to me harshly saying, ‘Musical instruments of Satan near the Prophet (peace and blessings be upon him)?’ Thereupon, Allah’s Messenger (peace and blessings be upon him) turned his face towards him and said, ‘Leave them.’ When Abu Bakr became inattentive, I signaled to those girls to go out and they left.” (Reported by Al-Bukhari)

This indicates that these two girls were not so young as claimed by some scholars. If they were, Abu Bakr would not have been angry with them in such manner. In addition, in this hadith, the Prophet (peace and blessings be upon him) wanted to teach the Jews that Islam has room for merriment and that he himself was sent with a moderate and flexible legislation. There is also another important lesson to learn here. It draws our attention to the fact that one needs to introduce Islam to others in a good fashion, along with displaying its moderateness and magnanimity.

Moreover, we can also cite as corroborating this Allah’s words that read, “But when

they spy some merchandise or pastime they break away to it and leave thee standing. Say: That which Allah hath is better than pastime and than merchandise, and Allah is the best of providers.” (Al-Jumuàh: 11)

In this verse, Allah Almighty joins pastime with merchandise. He does not dispraise any of them, He just only rebuked the Companions who left Prophet Muhammad (peace and blessings be upon him) alone giving the khutbah (Friday Sermon), when they all rushed to attend to the caravan and beating of the drums celebrating its arrival.

Second: In Respect of Islam’s Spirit and Basics:

It is a fact that Allah had prohibited for the Children of Israel some of the good things of this worldly life as a punishment for their misdeeds.

He says, “Because of the wrongdoing of the Jews, We forbade them good things which were (before) made lawful unto them, and because of their much hindering from Allah's way. And of their taking usury when they were forbidden it, and of their devouring people's wealth by false pretences. We have prepared for those of them who disbelieve a painful doom.” (An-Nisa’: 160-161)

Before sending Prophet Muhammad, He Almighty referred to him in the earlier scriptures as, “Those who follow the Messenger, the Prophet who can neither read nor write, whom they will find described in the Torah and the Gospel (which are) with them. He will enjoin on them that which is right and forbid them that which is wrong. He will make lawful for them all good things and prohibit for them only the foul.” (Al-A`raf: 157)

Thus, Islam left nothing good or sound but declared it to be halal (lawful). This is a sign of mercy to this Ummah (nation or community), moving along the line of its comprehensive and eternal message. Allah Almighty says, “They ask you (O Muhammad) what is made lawful for them. Say: (all) good things are made lawful for you.” (Al-Ma’idah: 4)

If we are to delve deeply into this matter, we will find that love for singing and melodic voices are almost a human instinct. We can observe an infant lying in his cradle soothed and sleeping by the sound of a lullaby. Mothers and nannies are always in the habit of singing for babies and children. Moreover, birds and animals respond to nice voices and rhythmic melodies.

Thereupon, if singing is thus a human instinct, it is not for Islam to defy humankind’s instincts. Islam came to refine and promote the human instinct. Ibn Taymyiah says, “Prophets were sent to polish and discipline man’s instinct and not to change or modify it.” This is pursuant to the hadith that reads, “When Allah’s Messenger came to Madinah, he found them (i.e., the people of Madinah) celebrating two days. He said, ‘What are these days?’ They replied, ‘We used to rejoice in these days during the pre-Islamic era.’ He (peace and blessings be upon him) said, ‘Verily, Allah Almighty has given you two alternative days which are much better: these are Al-Adha and Al-Fitr days (Èids).’” (Reported by Ahmad, Abu Dawud and An-Nasa’i)

Moreover, if singing is to be considered rejoicing and play, these are not haram; this is in pursuant to the famous idea that man needs some time to relax a bit and

rejoice. The Prophet (peace and blessings be upon him) said to Hanzalah who thought himself to be a hypocrite for his attendance to his wife and children and the change that affected him when he was apart from Allah’s Prophet (peace and blessings be upon him), “O Hanzalah! Part of your time should be devoted (to the worldly affairs) and part of time (should be devoted to prayer and meditation).” (Reported by Muslim)

Àli Ibn Abu Talib says, “Amuse yourselves for some time, for if hearts are exposed to too much strain, they turn blind.”

Abu Ad-Darda’ said, “I refresh myself with some amusement in order to make myself stronger on the path of right.”

Imam Al-Ghazali answered someone who asked him: “Isn't singing some kind of play and rejoice?” He said, “Yes. But, all that exists in this present life is mere play and rejoice. All that takes place between a husband and his wife is play, except sexual intercourse that is the direct cause of reproducing children. This has been reported from Allah’s Messenger and his honorable Companions.”

In fact, leisure time is refreshing to the heart and alleviates its tensions at the same time. Excessive strain and efforts render the heart bored and blind. Amusing the self refreshes and renews its strength and vigor. One who continuously works hard at something should take a break for a while in order to restore and regain his energy and firm will lest he totally collapses in future. When one takes a break, he thus restores his strength and vigor. Only Prophets can stand absolute seriousness. Having leisure time is a form of treatment for diseases of the self, weariness and boredom. But, leisure should not be excessive. This will go against the whole issue of rejoicing hearts to make them able to go on.

One who is familiar with and experienced in the nature of the human heart and self knows for certain that recreation and relaxation are necessary treatments for one’s well-being.

These proofs on the permissibility of singing are extracted from the texts and rules of Islam, and these are sufficient to clarify the issue.

In addition to this, the people of Madinah, who were very pious and God-fearing, the Zahiriyyah, who were very literal regarding the textual proofs, and the Sufis, who were very strict and rigid, were all quoted to have declared the permissibility of singing.

Imam Ash-Shawkani says in his book “Nayl Al-Awtar”, “The people of Madinah and those who agreed with them from among the Zahiriyyah and the Sufis maintain that singing is permissible, even when it is accompanied by a musical instrument such as the lute or the flute. Abu Mansur Al-Bughdadi Ash-Shafiì narrate that Àbdullah Ibn Ja`far saw nothing wrong in singing, and he, himself, used to compose the music for his own slaves who used to sing these melodies in his presence. This took place during the time of Commander of the Faithful, Àli Ibn Abi Talib. Abu Ja`far Al-Bughdadi narrates the same after Al-Qadi Shurayh, Saìd Ibn Al-Musaiyb, Àta’ Ibn Abu Rabah, Az-Zuhri and Ash-Shi`bi.”

Ar-Ruwaiyani narrates on the authority of Al-Qaffal that Malik Ibn Anas maintained that singing with musical instruments is permissible. Also, Abu Mansur Al-Furani quotes Malik as maintaining that playing the flute is permissible.

Abu Al-Fadl Ibn Tahir narrates, “The people of Madinah never disputed over the permissibility of playing the lute.”

Ibn An-Nahwi narrates in his “Al-Ùmdah”: “Ibn Tahir said, ‘The people of Madinah showed consensus over this (issue). Also, all the Zahiriyyah maintained the same.'”

Al-Mawardi attributes the permissibility of playing the lute to some of the Shafiì followers and students. This has been narrated also by Abu Al-Fadl Ibn Tahir after Abu Ishaq Ash-Shirazi; and it is narrated by Al-Isnawi after Ar-Ruwaiyani and Al-Mawardi. Again, this is narrated by Al-Adfuwi after Sheikh Ìzz Ad-Deen Ibn Àbd As-Salam. It is also narrated after Abu Bakr Ibn Al-Àrabi.

All these scholars consider singing that is accompanied by musical instruments permissible, but as for singing that is not accompanied by musical instruments, Al-Adfuwi says, “In some of his jurisprudence-related books, Al-Ghazali narrates the consensus of the scholars on its permissibility." Also, Ibn Tahir narrates the consensus of the Prophet’s Companions and those who succeeded them on this very topic. Ibn An-Nahwi states in Al-Ùmdah that singing and listening was deemed permissible by a group of the Companions and the Followers.

Conditions and Terms:

There are some conditions and terms that should be observed regarding listening to singing, as follows:

1. Not all sorts of singing are permissible. Rather, the permissible song should comply with the Islamic teachings and ethics. Therefore, the songs praising the tyrants and corrupt rulers disagree with Islamic teachings. In fact, Islam stands against transgressors and their allies, and those who show indifference to their transgression. So, the same goes for those songs that imply giving praises to such attitude!

2. Also, the way the song is performed weighs so much. The theme of the song may be good, but the performance of the singer – through intending excitement and arousing others’ lusts and desires along with trying to seduce them – may move it to the area of prohibition, suspicion or even detest. The Glorious Qur’an addresses the wives of Prophet Muhammad (peace and blessings be upon him) saying, “O you wives of the Prophet! You are not like any other women. If you keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." (Al-Ahzab: 32) So, one has to show caution to music when there is softness of speech accompanied with rhyme, melody, and special effects!

3. Singing should not be accompanied with something that is prohibited such as alcohol, nakedness, mixing of men with women that is common in pubs and nightclubs, etc.

4. Islam has declared excessiveness as prohibited in everything. The same goes for excessiveness in leisure and recreation even though these things are permissible ! This indicates that the emptiness of the mind and heart has to be observed and tackled during man’s short-term life. One should know that Allah Almighty will ask every one about his life and his youth in particular.

There are some things in which one is to be his own judge and Mufti. If there is some kind of singing that arouses his own lust or desire, and takes him away from the real life, he should avoid it then and block that very gate from which the winds of trial and seduction may come and erase his religion, morals and heart. If he does this, he will live in peace and tranquility.

Warning against playing with the word “haram”

To conclude, we address the respectful scholars who tackle the word “haram” easily and set it free in their writings and fatwas that they should observe that Allah is watching over them in all that they say or do. They should also know that this word “haram” is very dangerous. It means that Allah’s Punishment is due on a certain act or saying, and should not be based upon guessing, whims, weak Hadiths, not even through an old book. It has to be supported by a clear, well-established text or valid consensus. If these last two are not found, then we revert the given act or saying to the original rule: "permissibility governing things". We do have a good example to follow from one of our earlier pious scholars. Imam Malik (may Allah be pleased with him) who said: “It was not the habit of those who preceded us, the early pious Muslims, who set good example for the following generations, to say, 'This is halal, and this is haram. But, they would say, ‘I hate such-and-such, and maintain such-and-such, but as for halal and haram, this is what may be called inventing lies concerning Allah. Did not you hear Allah’s Statement that reads, 'Say: Have you considered what provision Allah has sent down for you, how you have made of it lawful and unlawful? Say: Has Allah permitted you, or do you invent a lie concerning Allah?” (Yunus: 59) For, the halal is what Allah and His Messenger made lawful, and the haram is what Allah and His Messenger made unlawful.

Details of FatwaTitle of Fatwa Pokemon GamesDate of Reply 30/Dec/2003Topic Of Fatwa Cinema, Theatre & TVCountry Applied MalaysiaQuestion of Fatwa As-Salamu àlaykum! Please I would like to know the

stance of Islam on the children’s cartoon known as "Pokemon" which has sparked off frenzied controversy, to the extent that it has been banned by the Saudi government. Some people misconstrue the word "Pokemon" as implying polytheism, while others say that it is Latin in origin, referring to certain animals. Please kindly enlighten us on this issue.





Dear sister in Islam, thanks a lot for your question which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to people of


knowledge to get themselves well-acquainted with the teachings of Islam as well as all aspects of life.

In response to your question, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

"Pokemon is a cartoon film series, a Japanese production and specially made for kids. It has recently gained a wide acclaim throughout the world, including the Arab world where most of the kids are fascinated with it. Also, it has been translated into Arabic and articulately presented in classical Arabic: this is one of its positive aspects. Moreover, this cartoon is devised in a form of game, which necessarily means that there will be winners and losers.

However, recently, it has caused an uproar and fiery debate as to its legality in the Islamic point of view, and I personally have been bombarded with questions from here and there, especially from parents whose main concern is to give their children a very pure Islamic upbringing.

As for giving a fatwa on such a sensitive issue, it is incumbent upon the mufti to first of all have a clear vision on a given issue before he can utter a word as to its legality. What I mean is that, before condemning an act or anything as unlawful or sanctioning it as lawful, one has a duty to have first hand awareness of it, know its nature and all that it relates to. In doing so, it should be set aside from any unsubstantiated information, which may, in one way or the other, be somehow prejudicial to the whole issue. The fatwa to be given in such case must rest on a cogent and convincing proof, and when it comes to a cartoon series like this, we have to consult people of more experience and expertise among believers, males and females, as Allah says: 'None can Inform you like Him Who is Aware.' (Fatir: 14) And He also says: 'Ask any one informed concerning Him!' (Al-Furqan: 59) He, further, says: 'If ye realize this not, ask of those who possess the Message.' (An-Nahl: 43)

Upon consulting these people, who have clear information on this cartoon, watched it, and digested all its contents, we came to the conclusion that the cartoon contains some items that call for its urgent ban and condemnation as being unfit for our children's taste, especially at this precious age where they become wild about everything. They need special attention, and this is pursuant to the Prophet's words: 'All of you are guardians, and all of you will be questioned as regards things under your guard.' (Reported by Ibn Ùmar, and it is an agreed-upon hadith), and Almighty Allah says in this regard: 'O ye who believe! Save yourselves and your families from a Fire whose fuel is Men and Stones.' (At-Tahreem: 6)

Basis of the unlawfulness of Pokemon:

1- The cartoon contains items that run counter to the Muslim's creed, as it indirectly tries to give support to the controversial Darwin's theory of evolution, which indicates that every living species undergoes a gradual development, in the sense that the existing species produces new ones through adaptation to new surroundings. According to this theory, man, before reaching his present form, has undergone a series of evolutionary changes, from simpler forms up to the stages of being in the form of an ape, deemed to be closely related to man. This cartoon tries to enhance this theory, by instilling in children's minds, Darwin's idea on the gradual development of characteristics of insects.

2- It distorts the pure minds of children by presenting to them things that have no basis in human reasoning, and that are just the product of the authors' imagination, totally opposed to Almighty Allah's Scheme regarding nature. It diverts the child's attention from his surrounding nature by presenting fictitious animals to him. This is totally against Allah's Order mentioned in the following verse: 'Do they not look at the Camels, how they are made?' (Al-Ghaashiyya: 17)

The camel is mentioned in this verse for it is the animal common in the Arab world, and, thus, easy to be understood by people living in the region. So the best thing for us is to inculcate in our children's full awareness what exists in their surroundings.

3- The cartoon poses a great risk to the child's mental development and his conduct, for it presents images full of action and violence, trying to make him believe that life is always a scene of battles where survival is for the fittest: another of Darwin's dogma.

No doubt, all of us have seen the negative effects of horror movies, which have posed as a disadvantage to most Western countries. It is no wonder that serial killings take place on a daily basis among children at school.

4- Pokemon is also a game supporting gambling which is totally forbidden in Islam, as it is considered part of Satan's abomination.

The cartoon game involves playing with cards, which are sometimes purchased at high prices. A competition exists between the winning card and the losing cards; this is governed with rules known to those who play this game. In the course of this game the possessor of a winning card (Joker) has an upper hand in totally subduing his counterpart, who is left with no option but to comply with unfair rules. It completely resembles the old practices of pre-Islamic era; of course they have been rendered forbidden, thanks to the just rules of Islam.

5- This game 'Pokemon' also contains some signs that have their meanings and known to their proponents, like 'The Hexa Star', which has something to do with the Zionists and Masons, and it has become an emblem for the cancerous and usurping state known as Israel. There are other signs, also like 'The Triangles', which relate to the Masons, as well as other symbols of atheism and the Japanese religion. All these signs and symbols have many side effects on our children in the long run.

Given all these facts, I consider that this cartoon game or movie is forbidden, as this prohibition will save the intellect and conduct of our children being jeopardized, and allow us to redirect and guide rightly to spend their money in a better way.

As for some words which people claim that the program contains, like a statement 'I'm a Jew' or 'Be a Jew', and so on, this still remains controversial, as some Japanese have denied that, so we cannot make any judgment on something as controversial as this.

What we Muslims should do is produce our own materials that portray our creed, ideology, heritage and civilization; all hands should be on deck in accomplishing this noble task of producing healthy and good games and media for our children. In fact, we have to admit that a lot have been done in this area, and most of them have been translated into classical Arabic, but still we need to upgrade it in order to

preserve the minds and manners of our children.

Details of FatwaTitle of Fatwa Hijab: Religious Symbol or Obligation?Date of Reply 12/Jan/2004Topic Of Fatwa Dress & AdornmentQuestion of Fatwa Dear scholars, As-salamu àlaykum. The issue of hijab in

France has reached a very serious stage. Could you please clarify whether hijab is a religious symbol or not?

Content of Reply




It is completely rejected to say that hijab is a religious symbol because hijab has an indispensable function in the life of a Muslim woman. That function is protection of the Muslim woman and preservation of her honor and chastity. This means that a woman who wears hijab does not do this to declare her religion or distinguish herself. Rather, she wears it out of obedience to her Lord.

On the other hand, preventing hijab on the basis of preserving the secularity of the state is an illogical claim because secularism in a liberal community means that the state authority should be neutral in matters of religion. The government should neither accept nor reject, neither be for or against any religion. The state is to provide freedom of religion for all people.

One might further ask: If a non-Muslim woman chooses to dress modestly by covering her body and even her hair, would she be prevented from doing so by this ban? And if she is given the freedom to cover herself because she is not Muslim, why then is a Muslim woman not given the same freedom?

In this concern, the eminent Muslim scholar, Dr. Àli Jumàh, Mufti of Egypt, states:

"A Muslim woman is obliged to wear hijab as soon as she reaches puberty, as indicated in the Qur'an, the Sunnah of the Prophet (peace and blessings be upon him) and the consensus of Muslim scholars from early ages of Islam up till now. Hijab is known to be essential and necessary in religion; it is not merely a symbol that distinguishes Muslims from non-Muslims. It is an obligation that forms part and parcel of the Islamic religion.

Allah Almighty says: "O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad). That will be better, so that they may be recognized and not annoyed. Allah is ever Forgiving, Merciful." (Al-Ahzab: 59)

He also says: "And tell the believing women to lower their gaze and be modest, and to display of their adornment only that which is apparent, and

to draw their veils over their bosoms." (An-Nur: 31)

Also, the Prophet (peace and blessings be upon him) said to Asma', daughter of Abu Bakr (may Allah be pleased with them): "O Asma'! Once a girl reaches puberty, nothing of her body may be seen (by non-mahrams) except this and these, (he pointed to his face and hands while saying so).""

Sheikh Muhammad Husain Fadl Allah, a well-known Shiite jurist of Lebanon, also comments:

"Wearing hijab derives from religious commitment; it is in the same status of religious obligations in the way that incompliance with it constitutes a sin. Has secularism become so weak that the secular authorities fear a scarf, a turban, or a cross hanging from the neck to threaten its stability?"

Moreover, the eminent Muslim scholar, Sheikh Yusuf Al-Qaradawi, states:

"I completely reject and condemn the French resolution that prevents the Muslim female students from wearing hijab at school. By doing so, they force Muslim women to ignore the teachings of their religion and disobey Allah's commands, which say: "…and to draw their veils over their bosoms", and: "O Prophet! Tell thy wives and thy daughters and the women of the believers to draw their cloaks close round them (when they go abroad)."

Actually, all Muslims with their various affiliations and inclinations agree upon the obligation of hijab. Hence, we have been struck by the hijab ban, which is a persecution against the Islamic teachings and values, especially which it is made by France, the land of liberality and openness, the home of the French Revolution that called for freedom and equality. Moreover, France has the largest Muslim community in Europe.

Therefore, such resolution contradicts two human rights: individual freedom and religious freedom, which are asserted by all constitutions and charters of human rights all over the world.

On the other hand, banning hijab on the basis of preserving secularity of the state is an illogical claim, because secularism in a liberal community means that the state authority should be neutral in matters of religion. The government should neither accept nor reject, neither be with or against any religion. The state is to provide freedom of religion for all people. Conversely, Marxist secularism is hostile against religion in general; it considers religion to be like addiction that hinders peoples' development. Marxism denies the existence of God and denies the existence of man's soul as well.

Claiming that hijab is a sign of religion is by no means acceptable, because a religious sign or symbol has no function but to declare the religious beliefs of the one who wears it, such as the cross for a Christian and the kippa for a Jew. They both have no function but to declare the religious beliefs of those who wear them. Hijab, on the other hand, has a religious function, namely, to protect Muslim women and preserve their chastity. It could not strike the mind of hijab-clad women to wear it for declaring their religious beliefs. Rather, they wear it in obedience to Allah's commands.

Therefore, the hijab ban contradicts the principles of freedom and equality that have

been asserted by the French Revolution and stipulated in all heavenly revealed religions and international charters of human rights. In fact, the hijab ban is a form of persecution against the committed Muslim women; it infringes upon their freedom; it prevents them from their right to learn and work to the favor of non-Muslim and uncommitted Muslim women.

Real civilization is characterized by tolerance, so it has room for various races, religions, and ideologies. It does not tend to make people copies of a prototype. People should be brought up to the point of tolerance with one another in spite of their difference in religion, as the Glorious Qur'an teaches us in the following verse: "Unto you your religion, and unto me my religion." (Al-Kafirun: 6)

It hurts to hear the claims that one who wears hijab bears hostility towards others. What hostility can a woman who tries to protect her honor and who is committed to the teachings of her religion bear towards others? Hostility and enmity are never expected from a pious person, man or woman, who is conscious of Allah and fears Him.

It is true that the majority pass whatever laws they agree upon, according to the principles of democracy. Yet, just democracy cares for the rights of the minorities, whether religious or ethnic; it does not oppress the minorities. Were it so, the majority in a democratic society could get rid of the minorities under the name of democracy."

Details of FatwaTitle of Fatwa Using Cartoon Films for Da`wah and Educational

PurposesDate of Reply 20/Sep/2003Topic Of Fatwa Cinema, Theatre & TVCountry Applied CanadaQuestion of Fatwa Respected scholars, as-Salamu àlaykum wa Rahmatu

Allah wa Barakatuh! What is the Islamic view on using cartoon films for educational and da`wah purposes?





Dear sister in Islam, we do really encourage your interest in knowing the teachings of Islam regarding this important field of arts. This also reflects your deep belief that Islam is a comprehensive religion that deals with all spheres of life.

Islam, the true religion of Allah, deals with all aspects of life: economics, politics, arts, etc. It lays down rules and regulations that arrange people's lives and set their affairs in order.


As regards your question, we'd cite the following Fatwa issued by the eminent Muslim scholar, Sheikh Yusuf Al-Qaradwi

"We can summarize the rulings pertaining to figures and figure-makers as follows:

1. The most strictly prohibited figures are those which are made to be worshiped in the place of or in addition to Almighty Allah. If the one who makes them does it intentionally for this purpose, he is going in the direction of unbelief (kufr). The most detestable among such figures are statues. Anyone who has a share in propagating or glorifying them will bear the sin proportional to his part.

2. Next to this in sinfulness are figures that are not made to be worshiped but which are intended to imitate Allah's creation. If the artist claims that he originates and creates as Allah does, he is an unbeliever. This matter pertains solely to the intention of the artist.

3. After this are statues which are erected in public places in order to commemorate great personalities such as kings, leaders and celebrities; this applies equally to full-length statues and busts.

4. Next are statues of living beings, which are neither worshipped nor revered. There is general agreement that they are haram (unlawful), except those that are not treated in a manner indicative of respect. Dolls or figures made of chocolate or sugar, are clear exceptions.

5. Next are portraits of great people such as rulers and political leaders, especially when they are displayed or hung on walls. Strongly prohibited among these are portraits of tyrants, atheists, and immoral individuals, for to respect them is to degrade Islam.

6. Next are pictures of people or animals that are not accorded respect but constitute a display of luxury and high living, as, for example, when they cover a wall or the like. These are classified as detestable only.

7. Making and acquiring drawings or paintings of trees, lakes, ships, mountains, and landscapes of this sort are permitted. However, if they distract one from worship or lead toward extravagant living, they are disapproved.

8. Photographs are basically permissible. They become haram only when the subject matter is haram, as, for example, in the case of idols, individuals who are revered because of their religious or worldly status (especially the leaders of idolaters, Communists or other unbelievers, or immoral individuals such as famous actors and entertainers).

9. Finally, if the prohibited statues and pictures are defaced or degraded, their use becomes permissible; an example of this are figures on a rug or carpet, because they are walked upon.

Accordingly, photographs, including cartoons, are permissible. Cartoons, moreover, enjoy the following privileges more than normal photographs that assure their permissibility:

1. Cartoons are not identical copies, and therefore they do not reflect all features of their subject matter.

2. They are used in the fields of da`wah, education, and culture.

3. Children are always attracted to and influenced by this form of art, so we should not ignore this means of bringing our children – as well as adults – up on the morals and teachings of Islam.

4. Non-Muslims have preceded us in this field and flooded Muslim countries with the cartoons pertaining to their cultural attitudes. It is necessary that Muslims aim to produce attractive, educational alternatives, which are orientated towards Islam and thus of benefit to our children.

Furthermore, I believe that we must face the non-Islamic media with media and arts that are based on Islam. It is one of the communal duties (fard kifayyah) which the Muslim community should carry out; otherwise all members of the Muslim community will be held accountable for it.

Thus, it becomes the duty of every professional Muslim, who is able to produce Islamic educational multi-media programs, to do so. Muslims who are well-off are required to financially support these useful products. May Allah reward abundantly everyone who supports this good work!"

Details of FatwaTitle of Fatwa Islam Prohibits GamblingDate of Reply 29/Dec/2003Topic Of Fatwa GamblingCountry Applied United StatesQuestion of Fatwa As-Salamu àlaykum! I have a friend who likes gambling a

lot. Can you give me the Islamic opinion on it so that I would convince him to stop doing this act?





Brother, first of all, we’d like to say that we are impressed by your question, which emanates from a thoughtful heart. May Allah Almighty help us all adhere to the principles of this true religion, Islam, and enable us to be among the dwellers of Paradise in the Hereafter, Ameen.


"While permitting a variety of games and sports, Islam prohibits any game which involves betting, that is, which has an element of gambling in it. We have already quoted the saying of the Prophet, 'He who says to his friend: 'Come, let us


gamble,' must give charity.' It is not lawful for the Muslim to seek relaxation and recreation in gambling, nor is it lawful for him to acquire money through it.

There are sound and noble objectives behind this strict prohibition of gambling:

1. The Islamic teachings urge the Muslim to follow Allah's directives for earning a living, to use natural laws and direct means for the attainment of his objectives, and to employ such causes to produce the desired effects. Gambling, which includes raffling or the lottery, on the other hand, makes a person dependent on chance, 'luck' and empty wishes, taking him away from honest labor, serious work and productive effort. The person who depends on gambling loses respect for the laws of causation which Allah has established and commanded people to use.

2. In Islam, an individual's property is sacred; it may not be taken from him except through lawful exchange or unless he gives it freely as a gift or in charity. Accordingly, taking it from him by gambling is unlawful.

3. It is therefore not surprising that gamblers develop hatred and enmity towards one another, although they may claim that losing does not trouble them. There is always a winner and a loser. The loser may seem composed but behind his composure is frustration, anger, and regret: frustration due to disappointment, anger at the loss of money, and regret for not having played a winning game.

4. Gambling has its own compulsion. The loser plays again in hope of winning the next game in order to regain his earlier losses, while the winner plays again to enjoy the pleasure of winning, impelled by greed for more. Naturally, luck changes hands, the loser becomes the winner and the winner the loser, and the joy of winning changes into the bitterness of loss. Thus the gamblers may persist at playing the game, unable to bring themselves to leave it; this is the secret of the addiction to gambling.

5. Because of this addiction, gambling is a danger to the society as well as to the individual. This habit consumes gamblers' time and energy, making them non-productive idlers and parasites on society, who take but do not give, who consume but do not produce. Moreover, due to his absorption with gambling, the gambler neglects his obligations towards his Creator and his duties towards his community. It often happens that a gambling addict sells his honor, religion, and country for the sake of the gaming table, since his devotion to this table dulls his sense of values and kills all other devotions.

How correct the Qur'an is in mentioning drinking and gambling together in its verses, since their harmful effects on the individual, the family, and society are very similar. What is more like alcoholism than addiction to gambling? This is why one usually is not found without the other. Again, how correct the Qur'an is when it teaches us that both of these, drinking and gambling, are inspired by Satan, that they are akin to idolatry and divining by arrows, and that they are filthy and abominable habits which must be shunned: 'O you who believe, truly intoxicants and gambling and divination by arrows are an abomination of Satan's doing; avoid them in order that you may be successful. Assuredly Satan desires to sow enmity and hatred among you by means of intoxicants and gambling, and to hinder you from the remembrance of Allah and from prayer. Will you not then desist?' (Al-Ma'idah: 93-94)"

Details of FatwaTitle of Fatwa Does Espionage Excuse a Muslim from Religious

Duties?Date of Reply 27/Dec/2003Topic Of Fatwa MisconceptionsQuestion of Fatwa Is it allowed for a Muslim to behave and live as a non-

Muslim, if he works as a spy in favor of Islam, keeping in mind that such a person may not perform prayers?




Dear brother in Islam, thank you very much for having confidence in us and we implore Allah to guide you, deepen your faith and strengthen your steps along the path of truth.

Indeed, a Muslim spy may have a special concession in carrying out certain things that are prohibited in normal situations. This very ruling is restricted to the norm of necessity, keeping in mind that we will all answer for our deeds on the Day of Judgment.

Tackling this seemingly difficult question, the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, issues the following Fatwa:

“Muslim jurists, who are committed to their religion, cannot give blessing to the illicit acts, such as drinking wine, Zina (adultery or fornication) committed by a Muslim who acts as a spy in favor of his country.

On the other hand, the spy who is true to his cause may be allowed to look as if he is drinking wine but not drinking it. He may also be permitted to perform the prayers beyond their appointed times, but he is not allowed to leave the prayer at all under the pretext that his job dictates doing so.

However, we can not allow one who works in such a field to commit illicit practices under the pretext that the role he shoulders and the information he gathers about the enemy will result in protecting his Muslim country against any future hazards that might be posed by the foes. Such a principle, giving an airing to the notion end justifies the means, which the West follows to the letter, is not accepted by us Muslims.

Our aim should be honest and our means should be pure. Referring to this, the Prophet (peace and blessings be upon him) is reported to have said: “Indeed Allah do not remove that, which is bad with something similar to it. Rather, He (Almighty) replaces that which is bad with something good. And He (Almighty) is Good, and accepts only that which is good.”

If the spy legalizes for himself committing Zina, drinking wine, abandoning prayers and fasting, then how could we guarantee his good intentions?! Most probably, this man, after given full rein to commit those forbidden practices, will back the enemy


against us. It stands to reason that if one does such illicit practices, his efforts will end in total failure and hence we can not expect him to do any favor to back his fellow Muslims brothers, let alone Islam.

Finally, the one who is chosen to carry out such a noble role (i.e. spying for the sake of his Muslim country) should be of noble character, solid and unshakable creed that stands firm in facing any test of time or challenge to his faith and creed. The point here is, if that noble person has no means but to commit anything that violates the tenets of his faith, and his decline from such an illicit act will bring about harm to Muslims and will give the enemy the clues through which they can easily identify him, then he is allowed to commit that which is unlawful, keeping in mind that such a ruling (the permissibility of committing unlawful practices) is confined to the norm of necessity. Also, this ruling is so specific to the case in point only.”



Details of FatwaTitle of Fatwa Playing Chess: Permissible?Date of Reply 25/Dec/2003Topic Of Fatwa Sports & GamesCountry Applied MoroccoQuestion of Fatwa As-Salamu àlaykum! Is it allowed to play chess in Islam?Name of Mufti Yusuf Al-Qaradawi

Content of ReplyWa àlaykum As-Salamu wa Rahmatullahi wa Barakatuh.



Dear sister in Islam, thanks a lot for your question which reflects your care to have a clear view of the teachings of Islam. Allah commands Muslims to refer to people of knowledge to get themselves well-acquainted with the teachings of Islam.


"Chess is a very popular game, and the opinion of jurists concerning it varies. Some scholars consider it halal (permissible), others consider it makruh (reprehensible), and still others consider it haram (unlawful).

Those who consider it haram cite some hadiths in support of their view, but researchers have proved that chess did not appear until after the death of the Prophet (peace and blessings be upon him). Thus all such hadiths must have been fabricated.

The Companions of the Prophet (may Allah be pleased with them all) themselves held different views about playing chess. Ibn Ùmar (may Allah be pleased with him)


said that it is worse than backgammon and Àli (may Allah be pleased with him) regarded it as gambling (perhaps meaning when it is played for money), while some others merely expressed disapproval of it.

However, some Companions and some of the second generation of scholars allowed it. Among those were Ibn Àbbas, Abu Hurayrah, Ibn Sirin, Hisham bin Ùmrah, and Saìd Ibn Al-Musayyib. We agree with those great jurists, since the original principle is the permissibility of acts and no text is to be found prohibiting it.

Moreover, in addition to being a game and a recreation, chess is also a mental exercise which requires thought and planning. In this respect, it is the opposite of backgammon, for while backgammon is a game of chance and therefore comparable to divining with arrows, chess is a game of skill and strategy, which may be compared to archery.

However, playing chess is permissible only if the following conditions are met:

1- One should not get so absorbed in it that he delays his prayer; chess is well-known to be a stealer of time.

2- There should be no gambling involved.

3- The players should not utter obscenities or vulgarities.

If any of these conditions are not met it should be considered as haram."

Details of FatwaTitle of Fatwa Spreading Gossip Is Un-IslamicDate of Reply 21/Dec/2003Topic Of Fatwa Morals & Values, Social MannersCountry Applied AustraliaQuestion of Fatwa As-Salamu àlaykum! I saw many Muslims gossiping about

others. What does Islam say on this bad behavior?Name of Mufti A Group of Islamic Researchers

Content of ReplyWa àlaykum As-Salamu wa Rahmatullahi wa Barakatuh.



Dear brother in Islam, we are very pleased for the great confidence you repose in us and we really commend your interest in having a better understanding of the teachings of Islam and the rulings of this great religion in all matters. In fact, Islam is a religion that encompasses all aspects of life and secures guidance and light for all mankind.

As for your question, Islam commands Muslims to be of good characters and morals. Also, it asks them to steer clear of all evil traits such as backbiting, telling lies,


spreading gossip, etc.


"Gossiping means passing on to others what you hear from someone in such a manner that will cause dissension among people, sour their relationships, or increase already-existing bitterness between them.

From the very early Makkah period of revelation, the Qur'an condemned this trait saying, 'And do not obey any despicable man, ready with oaths, a slanderer, going among the people with calumnies.' (Al-Qalam: 10-11)

The Prophet (peace and blessings be upon on him) said, 'The one who spreads gossip which he has overheard will not enter the Garden.' (Reported by Al-Bukhari and Muslim.), and, 'The most evil among Allah's servants are those who go about spreading gossip dividing those who love each other and desiring to defame those who are innocent.' (Reported by Ahmad)

In order to foster peace and reconciliation, Islam permits a mediator to conceal the bad words said by one person against another and permits him to add some good words which, in fact, neither of them has said. This is not considered to be lying, for the Prophet (peace and blessings be upon him) said, 'He is not a liar who makes peace between two persons, saying what is good or adding something good.' (Reported by al-Bukhari and Muslim)

Islam's anger is particularly directed against those people who, as soon as they hear something bad, hasten to recount it for the sake of currying favor or merely out of love of causing trouble and dissension. Indeed, many such people are not satisfied to simply repeat what they have heard but add to it or invent something of their own.

A man came to Ùmar ibn Àbd Al-Àziz and told him something about another person which the latter would have disliked being mentioned. Thereupon, Ùmar said to him, 'Let us examine your case: If you are lying, you are one of those who is mentioned in the Qur'anic verse, 'If a wicked person brings you some news, investigate it' (Al-Hujurat: 6), and if you are telling the truth, you are one of those mentioned in the Qur'anic verse, 'A slanderer, going among the people with calumnies.' (Al-Qalam: 11) But if you wish we may forgive you.' The man replied, 'Please forgive me, O Commander of the Believers. I shall never do it again.' "

Details of FatwaTitle of Fatwa Taking Care of the DisabledDate of Reply 18/Dec/2003Topic Of Fatwa Morals & ValuesCountry Applied PakistanQuestion of Fatwa As-Salamu àlaykum! What are the teachings of Islam on

mentally or physically disabled people? Very little literature is available on your or other Islamic websites regarding the following core questions: 1- Why Allah has created these imperfect human beings? 2- Is that a kind of punishment of Allah on these humans or their loved ones? 3- Is there any

hadith or Qur'anic reference regarding reward or punishment for these people or their families? 4- Apart from giving mental torture our society also avoid any moral or psychological support to these special needy people. 5- As compared to Western society where lot of emphasis and volunteer help are available to these special people, our Muslim world is living in the dark ages - Why?





Dear questioner, we do really appreciate your good question. In fact, it is a question that reflects great intelligence. In fact, Islam provides guidance to mankind, in all aspects of life. It urges Muslims to seek guidance and exert every effort. A Muslim is always encouraged to leave no stone unturned in pursuing the truth. May Allah Almighty help us make use of the truth, after getting it, and help us to steer clear of falsehood, Amen!

As regards your question, we would like to say that Allah has created people in different races, colors and having various abilities. While some of them are given certain gifts, others are deprived of these gifts and thus are disabled. This is the nature of life, according to the Divine Wisdom through which Allah governs everything.

Tackling this important issue, Sheikh Yusuf Al-Qaradawi states:

"In fact, man’s life is a full record of hardships and tribulations. In this sense, Allah says: 'We create man from a drop of thickened fluid to test him.' (Al-Insan: 2) When man looks upon these tribulations and afflictions as being a test from Almighty Allah to see his true colors, he will come to know that there is a great Divine wisdom behind all these tests. This is surely an absolute fact, whether we know it or not.

It is also a great thing that Almighty Allah, when depriving a person of a certain ability or gift, compensates him for it, by bestowing upon him/her other gift, with which he excels others. That is why we see that those people who are deprived of sight, have very sensitive ears that they can hear very low beats or movements around them. They are given excellence in many other abilities to compensate their imperfection.

If a person adopts this view, he will surely find rest and get contented with the test posed on him by Almighty Allah. Every person should bear in mind that he can never change his inability or escape Allah’s fate and thus he should try his best to make his life better and turn this sore lemon into sweet honey. This inability should be a motive to creativity and excellence in any field of life. A disabled person should make his condition an impetus towards being distinguished and prominent in the society.

How to Overcome Disability and Become an Active Member in the Society


In order to be an active member in the society, a disabled person needs to be fully aware of his surroundings and the nature of his disability. In addition, it is incumbent on the society to offer a helping hand to all those people. Islamic history has a shining record of many examples of people who, while having some kind of disability, occupied very excellent positions and prominent status in the society. Àtta Ibn Abi Rabah, who was known of being black, lame and paralyzed person, was the greatest Mufti in Makkah. He was highly honored by Àbdul-Malik Ibn Marawan, the Muslim caliph of that time. His vast knowledge earned this prestige.

Also, we know the story of the great Companion Àmr Ibn Al-Jamuh, who was also lame. His four sons, when participating in Jihad, said to him: 'You have an excuse to remain at home, for you are old and you have a kind of disability.' With full confidence and trust in Allah, he said to them: 'Nay, for I hope to walk in Paradise with my lame foot.' Commenting on this, the Prophet (peace and blessings be upon him) said to them: 'Leave him! He is a man who seeks martyrdom.' Almighty Allah guides all Muslims not to leave those disabled in isolation lest they fall a prey to despair and psychological ailments. They should be welcomed to the open society and be dealt with in the kindest way.

The Duty of the Society towards the Disabled

Now, it is the duty of the whole society to establish schools for those persons and secure them due care so that they become good members of the society and that they benefit themselves and their families. In the West, great care is shown to the disabled. It is duty of we Muslims to shoulder the responsibility of showing the utmost care to those people, for, according to the teachings of our religion, those persons are sources of Divine mercy and blessings being showered on us now and then. They are the weak for whose sake we are given sustenance and made victorious. In his hadith, our Prophet (peace and blessings be upon him) said: 'You are given sustenance and victory for the virtue of those who are weak amongst you.' If those Westerners show mercy and care to the disabled out of human motives, we, Muslims should do so out of both human and religious motives. In Islam, we are commanded to show mercy to everything in this world. In the hadith: 'Show mercy to those on earth so that He Who is in the heavens (i.e., Allah) bestow mercy to you.'"

Details of FatwaTitle of Fatwa Islamic Etiquette in Dealing with the IsraelisDate of Reply 15/Dec/2003Topic Of Fatwa Relations during Peace, Relations during WarCountry Applied JordanQuestion of Fatwa How should Muslims, especially those in Palestine, deal

with Jews?Name of Mufti Yusuf Al-Qaradawi

Content of ReplyIn the Name of Allah, Most Gracious, Most Merciful.


Dear brother in Islam, your question is very interesting as it tries to highlight one of


the noble principles of Islam, i.e. treating non-Muslims with humanity even if they wage war against Muslims.

This principle is clearly stressed in the fatwa issued by the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, in which he states the following:

“Muslims should never deviate from the etiquette and good morals set by Islam in dealing with all people, be they in a state of war or peace. We can not forsake our manners and principles merely because we are at war with the Jews.

No matter what the circumstances may be, we have to abide by our moral standards. At the same time, however, the same etiquette is flexible in the sense that they demand us to give people what they deserve.

This point is very important, especially in the current situation; given the atrocities committed by Jews daily against the Palestinians, our ethics demand that we fight them with all our might. These are people who usurped our land, debased us, and violated our sacred places. They have killed our children and thrown them out of their homes. Now they want to take Jerusalem, and even attempt to raze the Al-Aqsa Mosque to the ground.

Therefore, our duty, as true Muslims, is to fight these people until justice is done. Being a good Muslim does not mean that we resign to passivity or get satisfied with verbal denunciation we issue daily upon seeing what the Jews do against our brethren. A Muslim’s behavior is dictated by his or her surrounding context; fighting the Jews does not mean that we are to treat them inhumanely. But every Muslim should know that his duty in this situation is to participate in Jihad against the Jews who usurped our lands and committed many sacrilegious acts against our holy places."



Details of FatwaTitle of Fatwa Islam Prohibits BackbitingDate of Reply 14/Dec/2003Topic Of Fatwa Morals & ValuesCountry Applied NetherlandsQuestion of Fatwa As-Salamu àlaykum! I am a new convert to Islam. I saw

many Muslims saying bad things in the back of others. I do not accept it as a Muslim woman and I want you to give me the Islamic opinion on backbiting?




All praise and thanks are due to Allah, and peace and blessings be upon His


Messenger.

First of all, we’d like to welcome you to the fold of Islam amongst your Muslim sisters and brothers. May Allah keep us all firm in the straight Path!

Dear questioner, in his response to your question, Sheikh Yusuf Al-Qaradawi, the prominent Muslim scholar, states:

“Islam prohibits backbiting (ghibah): 'And do not backbite one another.' (Al-Hujurat: 12)

The Prophet (peace and blessings be upon him) wanted to drive home the meaning of backbiting to his Companions through questions and answers. He asked them, 'Do you know what backbiting is?' They replied, 'Allah and His Messenger know best'. He said, 'It is saying something about your brother which he would dislike'. Someone asked, 'What if I say something about my brother which is true?' The Prophet (peace and blessings be upon him) replied, 'If what you say of him is true, it is backbiting and if it is not true you have slandered him.' (Reported by Muslim, Abu Dawud, At-Tirmidhi, and An-Nasa’i)

When a person dislikes someone, he is likely to find faults in his appearance, behavior, lineage, and anything else which pertains to him. À’ishah narrated that she said to the Prophet (peace and blessings be upon him), 'Do you see that Safiyyah (another wife of the Prophet) is such and such?', meaning that she was short. The Prophet (peace and blessings be upon him) replied, 'You have spoken a word such that, if it were mixed in the water of the ocean, it would darken it.' (Reported by Abu Dawud, At-Tirmidhi, and Al-Bayhaqi)

Backbiting is nothing but a desire to belittle people, to slander their honor, and to deride their accomplishments in their absence. Since this is stabbing in the back, it is an expression of narrow-mindedness and cowardice. Backbiting is a negative trait, and only those engage in it who themselves are not achievers. It is a tool of destruction, for one who is addicted to it leaves no one without throwing a dart at him and wounding him.

It is no wonder then, that the Qur'an paints such a repulsive picture of this vile habit as would make people shrink from it in horror: 'And do not backbite one anther; would any of you like to eat the flesh of his dead brother? You would abhor that.' (Al-Hujurat: 12)

Since one feels sick at the very thought of eating human flesh, how much more revolting it is to think of eating the flesh of one's dead brother?

Whenever an opportunity arose, the Prophet (peace and blessings be upon him) stressed this Qur’anic imagery in order to imprint it on peoples’ hearts and minds. Ibn Masùd narrated, 'We were sitting with the Prophet (peace and blessings be upon him). Then a man got up and left. Whereupon another person spoke ill of him. The Prophet (peace and blessings be upon him) told him, 'Pick your teeth.' The man replied, 'Why? I haven't eaten any meat.' The Prophet (peace and blessings be upon him) replied, 'You have eaten your brother's flesh.' (Reported by At-Tabarani)

Jabir narrated, 'While we were with the Prophet (peace and blessings be

upon him) the wind brought a foul odor in our direction, whereupon the Prophet (peace and blessings be upon him) said, 'Do you know what this odor is? It is the odor of those who backbite the Believers.' (Reported by Ahmad)

All these textual quotations demonstrate the sanctity and dignity which is accorded to Man in Islam. However, scholars have listed some exceptions, necessarily limited to certain circumstances, when talking about a person in his absence is permitted. Among these exceptions is the instance of a person who has been wronged and who complains about the wrongdoer. While he must then speak about what the other dislikes, it is his right to do so in order to secure justice; consequently, he is given permission to describe the wrong he has suffered. Allah the Almighty says: 'Allah does not like the announcing of evil in public speech except by one who has been wronged; and Allah is Hearing, Knowing.' (An-Nisa': 148)

If someone wants to investigate the character or suitability of a person with whom he wants to enter into partnership, who has asked for his daughter in marriage, or who is seeking employment with him, it is permissible for those who have been asked to give their frank and honest opinion. Here there is a conflict between two obligations: one, to give good advice to the person who seeks the information, and two, to protect the honor of the person about whom the opinion is sought. But the first obligation takes precedence over the second, as it is more important and more sacred. Fatimah bint Qays asked the Prophet (peace and blessings be upon him) about two men who had asked for her hand in marriage. The Prophet (peace and blessings be upon him) told her about one of them, 'He is good for nothing and has no property,' and about the other, 'He does not put his stick down from his shoulder,' meaning that he frequently beats the women of his household.

It is also permissible to speak about a person without his knowledge if a legal opinion or religious ruling is required concerning him or if help is needed to combat some evil he may be causing, or to refer to him by a name, title, or characteristic which he dislikes but without which he cannot be identified, as for example, 'the lame person' or 'the person with one eye.' Likewise, cross-questioning a witness or criticizing the reporters of hadiths and news is permissible.

The general rule concerning the permissibility of speaking about someone in his absence is governed by two considerations: (1) the need and (2) the intention.

(1) When there is no compelling need to mention the third person in a manner in which he would dislike, one must refrain from violating the sanctity of his personality and honor. If there is a need to mention him but the need can be met by an indirect reference, one must not be explicit. If a general discussion is sufficient, the mentioning of specific persons must be avoided. For example, in seeking a juristic opinion, one can phrase the question as, 'What would your opinion be if someone did such and such a thing?' rather than, 'This person is doing such and such. What do you think about it?' Again, if one must identify the person, he must mention only what is true, since ascribing anything false to him is prohibited.

(2) In any event, the intention is the decisive factor. The speaker knows his own motives better than anyone else —whether it constitutes a genuine complaint against wrongdoing or mere spite, an inquiry concerning an issue or a slander, a scholarly criticism or envious backbiting, piece of good advice or the spreading of a rumor. It is said in this connection that the Believer is a sterner judge of himself than a tyrannical ruler or a greedy partner could be.

Islam has decreed that the listener is the partner of the one who is absent, and he must defend his absent brother by repudiating the slander being spoken.

The Prophet (peace and blessings be upon him) said, 'If anyone defends his brother who is slandered in his absence, it will be (his) due from Allah to set him free from the Fire.' (Reported by Ahmad)

And again, 'If anyone defends his brother’s honor in this world, Allah will shield his face from the Fire on the Day of Resurrection.' (Reported by At-Tirmidhi)

If a person does not have the courage to speak out in defense of his brother against malicious tongues, the least he can do is to withdraw from such company until they turn to some other topic; otherwise, the verse, 'Truly, you would then be like them.' (An-Nisa': 140) would apply to him."

Details of FatwaTitle of Fatwa Divorcing a Wife Who Refuses to Wear HijabDate of Reply 11/Dec/2003Topic Of Fatwa DivorceCountry Applied BangladeshQuestion of Fatwa Should the husband divorce his wife if she refuses to wear

hijab?Content of Reply



Dear questioner, thank you very much for having confidence in us, and we hope our efforts, which are purely for Allah's Sake, meet your expectations.

Originally, the Muslim woman is to strive hard to please her Lord by committing herself to the proper dress code for women in Islam. She should know that wearing hijab is an obligation upon her from Allah, and not an order from her husband. She should know that when her husband urges her to wear the hijab, he is acting in her favor. The husband, on the other hand, should try his best to select the wife who is religiously committed in the first place so as to avoid future disputes that may arise as a result of finding himself living with a wife who is not obeying her Lord.

Responding to the question, the eminent Muslim scholar Sheikh Yusuf Al-Qaradawi,, states the following:

"It is obligatory on Muslim women to wear hijab (i.e., cover the whole body except the face and hands, and the feet according to some schools of jurisprudence).

It is unanimously agreed upon among Muslim scholars that it is not lawful for a Muslim woman to uncover any part of her body other than the face and hands (and the feet according to some schools of jurisprudence). Hence, it is unlawful for a

woman to reveal her hair, or arms, or chest or legs before non-mahram men. Wearing clothes that reveal such parts of a woman’s body is completely forbidden.

A Muslim husband is to order his wife to wear hijab. Allah Almighty says: “O ye who believe! Ward off from yourselves and your families a Fire whereof the fuel is men and stones, over which are set angels strong, severe, who resist not Allah in that which He commandeth them, but do that which they are commanded.” (At-Tahrim: 6)

Allah Almighty also says: “And enjoin upon thy people worship, and be constant therein. We ask not of thee a provision: We provide for thee. And the sequel is for righteousness.” (Taha: 132)

Muslim wives are to obey their husbands and wear hijab. If a woman disobeys her husband in that respect, he should take a serious decision on the matter if they are still in the beginning of their marriage.

When a Muslim man proposes to a woman that does not wear hijab, he should stipulate that she wear it as soon as they marry. [For example,] he can say to her, “I am a committed Muslim person. I fear Almighty Allah. I do not want to disobey Him Most High. All I want is to please Him; hence, I do not accept that my wife be mutabarrajah or displaying her charms in public without committing herself to proper Islamic dress.” By clarifying his attitude in that respect from the beginning, his fiancée would be obliged to wear hijab as soon as they marry.

It is to be noted that a Muslim woman is principally obliged to wear hijab, for Allah Almighty has ordained her to do so. Her husband’s ordering her to wear it is a kind of emphasizing that obligation.

A man might marry a woman who is not used to wearing hijab before marriage, without discussing with her the importance of wearing it, because he has not been a firm follower of the teachings of Islam. Then, when Allah Almighty guides him to the right path, he wants his wife to repent with him and wear hijab. If the wife hesitates in that regard, he is to try gently again and again until he can convince her so that she becomes guided to the right path, too. However, if the wife does not obey him and he has lost all hope of convincing her of wearing hijab, he should, rather, divorce her if they are still in the beginning of their marital life (and have not begot children yet). Life would not be stable between a husband who is firm in faith and a wife who does not obey him and does not care about obeying Almighty Allah.

Also, a husband might return to the right path after he has lived with a wife who doesn’t commit herself to the proper dress code for women for years and begot children from her. If he then wants her to wear hijab, he is to try to convince her gently on the matter; but if she insists on not wearing hijab, he is not to divorce her so that their family does not disintegrate. Rather, he is to be patient and try again and again to advise her."

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Details of Fatwa - WordPress.com · Web viewIn the Name of Allah, Most Gracious, Most Merciful. All praise and thanks are due to Allah, and peace and blessings be upon His Messenger