Dr. Zakir Naik & The Fatwa on masturbation

Muhtaram Mufti Saheb,We have come across a video by Zakir Naik wherein he gives a lengthy discussion with regards to masturbation.After reviewing the video, one is left with the strong impression that masturbation is permissible. Till now, the youth knew it to be Haram. However, this has created doubts in their minds and hearts and left them confused. Surely, such a ruling would open a door that was best left closed till now. The youth till now refrained or at least tried to refrain from this act due to the sin involved with it. If a fatwa were to remove the sin associated with this act, the youth would surely fall into this tempting trap of Shaytaan. We request Mufti Sahebs ruling on the matter. Furthermore, what is Mufti Sahebs opinion about Zakir Naik? We would appreciate your Fatwa in this matter. Jazakallah

Zakir Naik is a well-known personality famed for his skill in comparative religion studies. Alhamdulillah, he has served and continues serving that important field with much dedication. Having said that, the field of Fiqh and Iftaa is vastly different to comparative religious studies. The field of Fiqh and Iftaa contains many intricacies which an untrained, undiscerning eye will not easily identify. Therefore, it is necessary upon an individual seeking a Fatwa to refer to reliable qualified Muftis who have years of experience in this field. Nevertheless, in the video in reference, Zakir Naik says that there are 3 opinions regarding masturbation. 1. The overwhelming majority of Scholars who say that it is Haram to masturbate. This view is deduced from the following verse of the Holy Quran, وَالذِينَ هُمْ لفُروجِهِمْ حَافظونَ إلََّّ عَلى أزوَاجِهِمْ أوْ مَا مَلكَتْ أيْْانُُمْ فإنَُّمْ غيُْْ مَل وِمينَ )المؤمنون: 5، 6 (Translation: “Those (will have succeeded) who safeguard their private parts except with their wives and what their right hand possesses.”It is clear from the verse that all forms of satisfying one’s desires are prohibited. However, two exceptions have been made i.e. marriage and bondswomen. This implies that anything besides these two exceptions reverts to the default position of prohibition. Therefore, masturbation is prohibited. One cannot claim that the verse is silent with regards to masturbation. Clearly, the verse has initially outlawed every means/method of satisfying one’s sexual desires (this includes masturbation) and then makes only two exceptions to the rule. This shows that everything besides these two exceptions reverts to the default position of prohibition. The second proof cited is the following hadith, عَنْ عَبْدِ الَّلَِّ، قالَ قالَ لنا رسُولُ الَّلَِّ صلى الله عليه وسلم : يََ مَعْشَرَ الشَّبابِ مَنِ اسْتطاعَ مِنكُمُ ال بَاءةَ فَ لْيَ تَ زَوجْ فإنهُ أغضُّ للْبصَرِ وَأحْصَنُ للْفَرجِ وَمَنْ لََْ يسْتطِعْ فَ عَليْهِ بِِلصَّوْم فإنهُ لهُ وجَا ءTranslation: “Rasulullah (Sallallahu Alaihi Wasallam) said, 0 young men, those amongst you who can support a wife should marry, for it restrains the eyes (from casting evil glances) and preserves one fromimmorality; but he who cannot afford it should observe fast for it is a means of controlling the sexual desire.”Once more, one cannot claim that this hadith too is silent regarding masturbation. The fact is that the purpose behind the hadith is to stop young men from falling into the temptation of zina and Rasulullah (Sallallahu Alaihi Wasallam) has offered practical solutions to overcome that temptation. The first solution is marriage, and the second is to fast as fasting is known to curbs one’s desires. It is well known that ejaculation via masturbation will completely lower one’s desires but despite that, Rasulullah (Sallallahu Alaihi Wasallam) did not offer it as a solution. This implies that Rasulullah (Sallallahu Alaihi Wasallam) deliberately ignored masturbation as it is prohibited and hence, cannot be a solution.
Those who state masturbation is ‘makruh’.
Firstly, it is important to understand the definition of the term ‘makruh’. Whenever the Fuqaha, especially within the Hanafi school, have utilized the word ‘makruh’, it refers to Makruh Tahrimi. Makruh Tahrimi are those acts whose prohibition is accepted and proven, however, due to other reasons, it will not be given the label of Haram.In simpler terms, this group too agrees that masturbation is prohibited, however, it will not be called Haram due to other reasons. Therefore, this group and the first are in agreement with regards to the prohibition of masturbation. This only leaves an extremely fringe group as the third opinion.
An extreme minority who permit masturbation.
The one scholar relied upon for this view is Ibn Hazm (Rahimahullah) who is known for his radical views on numerous issues which non besides him have accepted. To base a ruling, despite the clear proofs of an overwhelming majority of scholars throughout history, on an irregular (Shaadh) opinion of Ibn Hazm (Rahimahullah) is succumbing to one’s desires. Furthermore, to permit masturbation is to give free reign to the assortment of vices that accompany masturbation in today’s time. It is virtually impossible to find an individual who will masturbate without the use of pornography or at the very least, illicit thoughts regarding other women. It is worth mentioning that the youth are expected to avoid any such act that will aggravate their desires. They should lower their gazes, avoid mixed gatherings, avoid reading immoral literature, etc. On the contrary, to issue a ruling of permissibility of masturbation to youth who aggravate their desires and lead their passion to unavoidable situations lacks foresight and will prove detrimental in the long run. The major consequence of issuing such a ruling is that firstly, we have given the youth who have indulged in this abominable practice an excuse to vindicate themselves. Prior to such a ruling, they atleast acknowledged the act to be sinful, leaving room for Tawbah in the future.However, by telling them it is permissible to masturbate, we have permitted them to indulge in this practice without a care. Secondly, such a ruling will impact those youth who have so far protected themselves from this act. By removing this abhorrence towards the act, we have removed the fear of sin and the sanctity of purity and chastity from their hearts. We therefore categorically state that masturbation is not permissible and has long lasting negative implications. This is also the view of the vast majority of our Fuqaha. This act is abominable in the eyes of men and is said to have been a practice of the people of Sodom and Gomorrah who had incurred the wrath of Almighty Allah. Almighty Allah destroyed the nation by upending the land on them and burying them deep in the earth. The dead sea is a manifestation of the dead values of Sodom and Gomorrah. And Allah Ta’āla Knows Best

Bilal Yusuf Pandor

Student Darul Iftaa

Lusaka, Zambia

Checked and Approved by,Mufti Ebrahim Desai

Qur’an on Homosexuality: Setting the Record Straight

By Khalid Baig

In the post colonial world the “civilizing mission” continues and the crusade for civilizing the backward Muslims into embracing the sexual mores of the civilizers is going full speed ahead. Since openly declaring that the Qur’an and Islam are plain wrong does not get you much mileage with the target audience, their challenge is how to perform a perfect inversion of Qur’anic teachings and simultaneously assure everyone that this inversion is in harmony with one’s belief in the Qur’an. Consider homosexuality. The Qur’an condemns it in no uncertain terms and calls those who committed it as musrifoon (going beyond limits) (7:81), Qaumun Aadoon (transgressing bounds) (26:166), Qaumul Mufsideen (mischievous people)(29:30), and Zalimeen (evildoers) (29:31). In other words they were extremists to the nth degree. The civilizers’ dilemma: How to declare those who want to legitimize this practice in the Muslim society as moderates and those who question this extremism as extremists and hardliners?

It is an impossible task but that has not kept the daring from trying. No wonder the new champions cannot agree on what their argument is. One of them, Scott Siraj al-Haqq Kugle says “The Koran does not condemn homosexuality.” Another pundit, Arash Naraghi, an Iranian academic in the US, says that the Qur’an does condemn homosexuality but it is okay anyway because reason says so. “Verses decrying homosexuality…stem from common beliefs at the time of writing, and should be re-examined,” he declares. The Economist, which is searching for “theological latitude,” quotes both of them with satisfaction and without the smallest hint that they are mutually contradictory, as means of making “progress”. 1

The story of the people of Prophet Lut (Lot) is mentioned in more than ten surahs in the Qur’an. This is a story of crime, defiance, and punishment: Unprecedented crime, extremism in insisting on that crime, and exemplary punishment. Anyone who reads this narrative with an open mind can have not the slightest confusion about Islam’s attitude about homosexuality. People do have a right to accept or refuse to accept Islamic teachings, values, and commandments. But no one has a right to lie about them. Unfortunately there are many who are willing to do just that these days. This account is, therefore, offered to set the record straight.

The first thing the Qur’an mentions is that homosexual practice was invented by the people to whom Prophet Lut was sent as a messenger. He is very emphatic about this: “And [remember] Lut, when he said unto his people: ‘Do you commit abominations such as none in all the world has ever done before you?’” (Al-A’raf 7:80)

The Qur’anic word is al-fahisha, which means lewdness, shameful act, indecency. Fornication and adultery (zina) are also mentioned as examples of fahisha in the Qur’an. (Isra 17:32). But here the definite article al is added to show the even more serious nature of this act. Homosexual act is not fahisha but al-fahisha. It is not just a shameful act but the shameful act, the lewdness, the abomination.

Secondly in telling that no one before them committed this act, the Qur’an uses the word min in addition to ahadin. Without this, it would still mean that no one did it before you. But with min emphasis is added. In other words, no one whosoever ever did this act among all the creatures. This is an outright rejection of the claim that this tendency is an inborn and ingrained part of nature for which no person should be held accountable. Prophet Lut accuses them of having made this choice. And the Sodomites do not say that they are helpless because it is a call of nature. Rather they say, “You know very well what we want.” (Hud, 11:79). And that the Prophet would be added to the list of people who have been expelled from their city for objecting to their practices if he does not cease and desist from criticizing their way of life. (Al-Shu’ra 26:167). They are the inventors of this perversion and fully committed to use of violence to defend it.

This Qur’anic account regarding the genesis of this perversion is attested to not only by the Bible and the Talmud but also by the terms used to describe this act in languages around the world. It is sodomy in English, sodomie and sodomiser (the doer) in French, sodomia and sodomizar in Spanish and sodomi in Norwegian. Sodomie in German and sodomia in Polish also refer to variant forms of sexual perversion. All pointing to the fact that it was invented in Sodom, which was the principle city of these people. In Arabic and languages influenced by it like Urdu the term used is liwatat or aml qaum lut, referring to the practice of the people of Prophet Lut. Again it is pointing to the same date and place of invention.

The date is about four thousand years ago. For thousands of years before that no one ever felt the urge for this perversion. Obviously if it was in human nature then some people in earlier times should also have expressed this inclination. The place is the area now submerged under the Dead Sea. This was a very prosperous and rich fertile land. Then the punishment came in the form of a huge earthquake and rain of brimstones and fires that turned their world upside down. The area then became the lowest point on the face of the earth, being about 1300 feet below sea level. It was submerged under the ocean and turned into a desolate place where little life exists. Its harsh environment permits neither fish or other sea animals nor aquatic plants. It was as the Qur’an said: “And verily of that We have left a clear sign for people who have sense.” (Ankabut 29:35).

Sodomites committed other crimes as well like highway robbery and performing shameful acts in public as mentioned in one place in the Qur’an (Ankabut 29:29). But their biggest crime was homosexuality, which is mentioned repeatedly. And then there was defiance. When Prophet Lut warned them about divine retribution, they challenged him to bring it on. (Ankabut 29:29). Their fate was thus sealed by their own demand. That was before the angels arrived at the scene. Their invasion of the house of Prophet Lut for the explicit purpose of molesting the angels who appeared in the guise of beautiful young men was thus just the last nail in their coffin. It was not the primary reason for their punishment.

Some people have tried to distort the Qur’anic account by claiming that their crime was rape not homosexuality. Others have surmised that the problem was that they were targeting young children, otherwise it would be fine. The Qur’an does not leave the slightest possibility of such interpretation. It says: “Verily, with lust you approach men instead of women.” (Al-A’raf 7:81). It is rijal (men) not atfal (children). It is for the act itself, without any mention of compulsion, that they are called as musrifoon (going beyond limits).

Also significant is the role of Prophet Lut’s wife. While in the entire town only one house was saved, that of Prophet Lut, even in that house there was an exception. It was the wife of the Prophet, who was killed with the rest of the people. Her fate is mentioned repeatedly so it does not remain just a footnote to the story. Why was she punished? Not for committing homosexual acts but for betraying her husband (Tahreem 66:10). She betrayed the cause of her husband by being an active sympathizer with the people and therefore shared their fate.

When the people invaded the house of Prophet Lut, and he was at the point of despair, the people were blinded by the angels (Qamar 54:35). We can see a figurative blindness in the people who try to make a case for approval of homosexuality in Islam. A most bizarre argument that has been forwarded by some of them is that the Qur’an mentions the presence of young boys as servants in Paradise. Interestingly it is the same people who argue that the modern homosexual affair is between consenting adults and that they also agree that sex with young boys is wrong. Yet that is what comes to their lustful minds when they read the accounts of the servants in the Qur’an. If they had maintained their sensibilities, they would have realized that this Qur’anic account actually gives exactly the opposite message. In Paradise women will not be in the public places. They will be in the private space, where they will not face the attention of anyone except their husbands (“houris, cloistered in cool pavilions” Rahman 55:72). Young boys will be in all the public places, because those who enter Paradise will not look at them with any sexual desires. They will have nothing to worry as those who could look at them with desire will not be in Paradise at all. They will be in the exact opposite of Paradise, whose small manifestation was given to the people of Prophet Lut.

May Allah protect us all from the Fire and the acts that lead to it.

1 The Economist, Feb 4th 2012 http://www.economist.com/printedition/2012-02-04.

Should a homosexual get married?

QUESTION

Assalaamu Alaikum,

I have been asked the following question. I would appreciate your response to it.

I know the act of homosexuality is haraam in Islam, but the person is not punished for their desires so long as they refrain (is this correct?) – but I wondered in the case of a homosexual muslim is it better for him or her to remain unmarried and celibate or to marry the opposite gender and risk violating the prohibition on treating spouses unfairly? I’ve heard of hadith in which Muhammad (pbuh) prohibited celibacy but I’m not sure if these are authentic and what the context of these is.

ANSWER

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

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

At the outset, it is a common misconception that a person can be born with such inclinations. However, this is not true. Consider the following Hadith:

Rasulullah (Sallallahu Alayhi Wasallam) said:

حَدَّثَنَا الْحَسَنُ بْنُ عَلِيٍّ، حَدَّثَنَا حَجَّاجُ بْنُ الْمِنْهَالِ، قَالَ سَمِعْتُ حَمَّادَ بْنَ سَلَمَةَ، يُفَسِّرُ حَدِيثَ ‏”‏ كُلُّ مَوْلُودٍ يُولَدُ عَلَى الْفِطْرَةِ ‏”

“Every child is born on a natural disposition”

The natural disposition that Allah has created within humans is that males are attracted to females and vice versa.

A person becomes inclined to such activity due to the company he keeps, the material he reads or views or other external influences. It is not a natural inclination.

An innate inclination towards homosexuality does not render it natural and ultimately acceptable. If a person is inclined to the same gender, he is required to curb his desires just as in the case where a person is inclined to a woman who is Haram for him. He is required to control his desires and abstain.

Islam has recognised the needs of a person and has paved a path for him to fulfil these desires through Halal methods. Nikah (marriage) has been ordained so that people may fulfil their desires in a Halal way.

Nikah is a Sunnah of all the Prophets and in particular a Sunnah of Rasulullah (Sallallahu Alayhi Wasallam).

 

عَنْ عَائِشَةَ، قَالَتْ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ “‏ النِّكَاحُ مِنْ سُنَّتِي فَمَنْ لَمْ يَعْمَلْ بِسُنَّتِي فَلَيْسَ مِنِّي وَتَزَوَّجُوا فَإِنِّي مُكَاثِرٌ بِكُمُ الأُمَمَ وَمَنْ كَانَ ذَا طَوْلٍ فَلْيَنْكِحْ وَمَنْ لَمْ يَجِدْ فَعَلَيْهِ بِالصِّيَامِ فَإِنَّ الصَّوْمَ لَهُ وِجَاءٌ ‏” (سنن ابن ماجه-1846)

 

It was narrated from Aishah that: The Messenger of Allah said: “Marriage is part of my sunnah, and whoever does not follow my sunnah has nothing to do with me. Get married, for I will boast of your great numbers before the nations. Whoever has the means, let him get married, and whoever does not, then he should fast for it will diminish his desire.” (Ibn Majah-1846)

From the above narration, we understand that we are encouraged to practise on this Sunnah of Nikah.

The remedy of marriage is also found in the story of Lut (Alayhis Salaam) when he called on his people to marry, because that is an effective remedy in which the one who is affected by this illness can direct his desires in the permissible manner of Nikah.

In the aforementioned Hadith, Rasulullah (Sallallahu Alayhi Wasallam) also gave a remedy to the people who are not able to get married (due to some financial reason etc.). They are required to diminish their desires through fasting.

Therefore, it is essential that one who has these inclinations curbs his desires, sincerely repents to Allah and strives to do acts of obedience and when he feels that he has started going in the right direction, he may marry someone who will keep him chaste.

And Allah Ta’āla Knows Best

Student-Darul Iftaa

Checked and Approved by,
Mufti Ebrahim Desai.

ZINA AND THE PLAGUE

ZINA AND THE PLAGUE

Among the causes of a plague is the prevalence of zina. When this filth becomes widespread, it becomes a cause for a plague. In this era both Muslims and non-Muslims indulge in fornication and adultery flagrantly and blatantly. In fact, zina and deeds of satanic perversion have acquired acceptance and even respect.

Rasulullah (Sallallahu alayhi wasallam) said:

“When faahishah (zina, homosexuality and immorality of all kinds) become rampant, then plagues and such diseases will afflict the people, of which their forefathers had not heard.”

The planet earth is rotten with fornication, adultery, homosexuality, lesbianism and other satanic varieties of sexual perversion. Almost every Muslim indulges in cellphone zina. Indulgence in cellphone pornography is filth in which even ‘scholars’, molvis and sheikhs indulge.

Those who indulge in these cesspools of filth and moral inequity appear to be atheists. It is not possible for a true Mu’min to become addicted to such rot and filth. While a sin can be committed in a moment of ignorance and nafsaaniyat, a Mu’min does not become an addict of immorality nor does he pre-plan sin.

Remember that Rasulullah (Sallallahu alayhi wasallam) said that when a person indulges in zina, his Imaam exits from his body and remains suspended. Should any one of the fornicators perish in the act, he dies without Imaan. This applies to even cellphone zina.

In terms of the Aakhirat, zina of the eyes, zina of the ears, zina of the tongue, zina of the mind and heart are also actual zina, i.e. the actual act of adultery. The punishment in the Aakhirat will be the same.

It is not surprising if the current epidemic is the consequence of the planet submerged in the filth of fornication, adultery, sexual perversion and the like.

8 Sha’baan 1441 – 2 April 2020

CORRUPT IVF FATWA

FATWA ZIGZAGERY

A CORRUPT IVF FATWA

Question

Kindly peruse this ruling. It appears from this ruling that there is leeway for the permissibility of IVF. Is this correct? Is artificial insemination permissible at any time?

THE FATWA OF MUFTI EBRAHIM DESAI

Choosing the gender of a child with IVF – Is it Halaal?

QUESTION

“Can I make use of a type of IVF where a couple can choose the gender e.g. boy or girl, is this Halaal?

ANSWER:

Almighty Allah says in the Holy Quran,

لِلَّهِ مُلْكُ السَّمَـوَتِ وَالاٌّرْضِ يَخْلُقُ مَا يَشَآءُ يَهَبُ لِمَن يَشَآءُ إِنَـثاً وَيَهَبُ لِمَن يَشَآءُ الذُّكُورَ – أَوْ يُزَوِّجُهُمْ ذُكْرَاناً وَإِنَـثاً وَيَجْعَلُ مَن يَشَآءُ عَقِيماً إِنَّهُ عَلِيمٌ قَدِيرٌ (الشوري:49)

Translation: “To Allah belongs the kingdom of the heavens and the earth. He creates what He wills. He bestows female upon whom He wills and bestows male upon whom He wills. Or He bestows both males and females, and He renders barren whom He wills. Verily, He is the All-Knower and is Able to do all things.”

(Comment by The Majlis: So far, the fatwa is correct.)

Human beings by nature have desires and wants. Almighty Allah is the Knower of all things. He knows exactly what is best for us. If He decides to give us something, there can be no doubt regarding it being best for us. Almighty Allah says in the Holy Quran,

وَعَسَى أَن تَكْرَهُواْ شَيْئًا وَهُوَ خَيْرٌ لَّكُمْ وَعَسَى أَن تُحِبُّواْ شَيْئًا وَهُوَ شَرٌّ لَّكُمْ وَاللّهُ يَعْلَمُ وَأَنتُمْ لاَ تَعْلَمُونَ (البقرة:216)

Translation: “But perhaps you hate a thing, but it is good for you; and perhaps you love a thing, but it is bad for you. And Allah Knows, while you know not.”

It is a fundamental principle of Islamic Jurisprudence that one must avoid imposing upon one’s physical body actions that are usually considered to be unnatural and unconventional unless there is a dire necessity for doing so. (This is correct – The Majlis) For instance, the human body is accustomed to acquiring its food and drink orally through the gullet, but there are times when, due to certain ailments, food cannot be given to a patient orally. In such cases, the patient is then fed intravenously. Oral feeding is the conventional method whereas the intravenous one will be considered to be the unconventional one.

Shari’ah only permits the intravenous method due to necessity as man cannot usually survive without food and drink.”

(Comment by The Majlis: The Mufti has expressed himself incorrectly on this point. The body has not been artificially customized for the natural process/method of consuming food. The way people are consuming their food is natural. It is the natural method created by Allah Ta’ala. It is not merely a ‘conventional’ method. It is not a method which has been adopted and made conventional. It is the only natural way for the ingestion of food.
When a person, due to some grave disease, is unable to eat with his mouth and is forced by circumstances to consume food with his posterior or be fed intravenously, then such methods will be unnatural, not merely ‘unconventional’. An unconventional method can sometimes be natural, e.g. drinking water with a straw, or eating with knives and forks, or eating from a brand new or a thoroughly cleansed chamber pot. While this kind of westernized shaitaan will be eating naturally (i.e. via his mouth), the method will be unconventional and haraam.
Thus, the unnatural method will be permissible ONLY in case of Dharoorat (DIRE NEED), not hallucinated ‘need’ as the liberal muftis of this time imagine. Dire Need (Dharoorat) is only a need upheld by the Shariah.
The factor of Zigzagery

At this stage in his fatwa, the Mufti has subtly introduced the first step in his Zigzag datwa. He has subtly introduced the factor of Dharoorat to render the reader’s mind conducive for the acceptance of the corrupt, baatil conclusion of his liberal view.

The ploy is to imprint in the mind of readers that the desire of having a child is a Dharoorat, hence the ‘permissibility’ of artificial insemination. Thus the zigzagging between Haqq and baatil should be conspicuous to all intelligent men.
Continuing his fatwa, the Mufti says:

“In the absence of necessity, Shari’ah does not recommend the usage of unconventional methods of infusing objects into the body.” (This is incorrect. It is a devious attempt to mismanipulate the Shar’i principle of Dharoorat, and to confuse the unlearned. In the absence of ‘necessity’ (Dharoorat), the Shariah forbids usage of unnatural and unconventional methods. The Shariah does not merely “not recommend” the haraam methods. It strictly forbids the satanic methods. This is the second step in the process of zigzagery. -The Majlis)

Zigzagging back to the Shariah, the Mufti says:

“That brings us to your question regarding artificial insemination. As all the modern methods of artificial insemination (GIFT, IVF, IVI and ICSI) are not conventional (in fact are unnatural satanic methods – The Majlis) methods of inducing fertilization nor are these procedures a matter of life and death, opting for these procedures would be against the principles of Shari’ah.

In instances where these procedures are carried out by a doctor, which is more likely, many aspects of it will be considered to be prohibited by the Shari’ah.

Firstly, the male will be required to extract sperm through masturbation. This is not permissible. In the event the sperm is extracted lawfully, the female will be required to expose her Awrah to the doctor. One is only allowed to expose the Awrah to a doctor in the case of dire necessity.

(The Majlis comments: This section of the fatwa conforms with the Shariah. However, the Mufti reverting to his zigzag haraam liberal trajectory, avers):
“If you are unable to conceive through natural methods, and there are no other alternatives, then there is leeway in making use of IVF.”
(Our Comment: This is the satanism which shaitaan has inspired into the brains of the Mufti. With this stupid statement he seeks to impose on the understanding of ignorant people that sterility (uqmah/barrenness) is Shar’i Dhuroorat justifying the commission of haraam and a major sin.
While this wayward Mufti begins his Zigzag fatwa with the appropriate Qur’aanic Aayat, he conveniently or surreptitiously or ignorantly refrains from taking into account the penultimate statement of the Aayat which has a fundamental bearing on the issue under discussion. In this statement, Allah Azza Wa Jal says: “He makes barren whomever He wills.”
The sterility whether in the woman or the man, is the act and will of Allah Ta’ala. In this Aayat, Allah Azza Wa Jal explicitly informs us of His Will and Desire. Under no stretch of Imaani rationality and reasoning can it ever be valid to act in contravention of Allah’s Will and Desire despite the fact that in this dunya Allah Ta’ala has bestowed to humans limited ability to act in conflict with His Will. Since this dunya is the arena of trial and conflict where Muslims have to choose between halaal and haraam, vice and virtue, the limited freewill has been granted to man.
However, the freedom to act in violation of Allah’s Will and Desire does not halaalize the improper utilization of the freedom to act. It is Allah’s Will and Desire that adultery be not committed despite the fact that man has been granted the freedom to act in conflict with the Divine Will. Similarly, it is HARAAM to violate Allah’s Will and Desire regarding ‘barrenness’ despite the haraam ability to do so by the satanic IVF technique invented by the Satanist atheists.
It is this satanistic technique of artificial insemination which is a conglomeration of haraam, filth and satanism which this miserable Mufti Sahib has attempted to slip into the Permissibility folds of the Shariah by the intentional misapplication of the Shar’i principle of Dharoorat.
The Mufti has painfully, stupidly and satanically laboured most deviously and without dexterity, to zigzag his baatil view of permissibility into the fabric of the Shariah.
If a woman is unable to conceive lawfully by the natural method created by Allah Ta’ala, or by even permitted unconventional methods (such as Ta’weez and Amaliyaat, and lawful medicine) which all come within the purview of lawful Asbaab (valid material ways), then it does not justify nor render permissible the haraam satanic techniques of the atheists kuffaar. Her only recourse is Dua, Sabr and Tawakkul. There is no other option. –The Majlis)
The Mufti then says:

“However, it will still not be permissible to tamper with any aspect of the process to ensure a specific gender. Whatever has been decreed for you can never escape you. If you are granted males, be thankful. If you are granted females, then too you must be thankful.”

(While this is correct, it is an attempt to zigzag back to the Shariah, albeit a futile attempt. It is futile because it is in stark conflict with his ‘leeway’ view. There is no difference between this haraam attempt and the other haraam attempt of IVF for the purpose of pregnancy. Both techniques, i.e. to resort to haraam for inducing pregnancy, and for resorting to haraam for selecting the gender of the future child, are satanically villainous, hence HARAAM. There is absolutely no Shar’i Dharoorat principle applicable in these two haraam techniques.Whtever has been willed by Allah Ta’ala for you, accept it with contentment.
Rasulullah (Sallallahu alayhi wasallam) said: “It is of the good fortune of a person that he is pleased with whatever Allah has decreed for him/her.” – The Majlis
With conspicuous hollowness and insincerity, the Mufti advises:

“Have hope in the mercy and bounties of Almighty Allah. Make Dua to Almighty Allah if you wish for a specific gender. Almighty Allah says in a Hadith Qudsi,

يقول الله تعالى: أنا عند ظن عبدي بي

Translation: “I am to my slave as he thinks of me, (i.e. I am able to do for him what he thinks I can do for him).”
Checked and Approved by,
Mufti Ebrahim Desai.

OUR FURTHER COMMENT

The haraam and corrupt fatwa issued by Mufti Ebrahim Desai on the issue of IVF is incompatible with the sentiments expressed by the Mufti in the above avernment. These sentiments may not be restricted to only selective haraam acts. Dua, Tawakkul, Sabr and Ridha apply to all states of the Mu’min. These noble attributes of moral excellence have to be incumbently employed in all instances which demand abstention. Just as it is Waajib to abstain from the haraam technique of gender-selection, so too is it Waajib to abstain from the haraam technique of inducing pregnancy.

Our advice to the Mufti Sahib is to endeavour the restoration of his Imaani bearings by shunning western ideas of liberalism which the Muftis of today adopt especially in modern financial matters, more specifically in the dalliance with the riba banks. Fear Allah Ta’ala. Maut constantly hovers over our heads. Prepare for the stay in Barzakh. Do not barter away your Aakhirah in exchange for the jeefah of this dunya. Rasulullah (Sallallahu alayhhi wasallam) said:

“The dunya is jeefah (carrion).”

24 Jamadil Ukhra 1441 – 19 February 2020

What is the shar’i ruling of hermaphrodites with regards to marriage and inheritance?

1.What is the shar’ee ruling regarding a hermaphrodite with regards to:

a)marriage

b) inheritance?

2. In a case where a man married a hermaphrodite, not knowing her natural phenomenon (as he/she is predominantly feminine in features) happens to find out after the nikah has been performed, what is the ruling concerning this?

Answer:

 

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

 

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 

hermaphrodite is an organism that has reproductive organs normally associated with both male and female sexes.  It is known as a khuntā in the Arabic language.  All the books of Islamic law have a chapter dedicated to the laws relating to a khunthā.  [1]

 

Firstly, all measures will be taken to ascertain the sex of a khunthā.  If the hermaphrodite urinates from the male reproductive organ, he will be regarded as a male.  If the hermaphrodite urinates from the female reproductive organ she will be regarded as female.  If the hermaphrodite urinates from both male and female organs, the first one to release urine will be considered.  All these signs will be analysed to ascertain the gender of the hermaphrodite prior to adolescence.[2]

 

If the gender of the hermaphrodite was not ascertained prior to maturity, then the gender will be determined after maturity.[3]

 

The hermaphrodite will be classified as a male in the following instances:

  • He has conjugal relations with his male reproductive organ.
  • He has facial hair.
  • He experiences nocturnal discharge like men.
  • His testimony of his inner self.
  • He is inclined to women.

 

The hermaphrodite will be classified as a female in the following instances:

  • The growth of breasts like women.
  • The experiencing of menstruation.
  • She has intercourse like a female.
  • She falls pregnant.
  • She lactates.

 

If none of these signs transpire, the hermaphrodite will remain a hermaphrodite.  According to Imam Sarakhsi rahimahullah, it is virtually impossible for some of the above signs not to manifest.[4]

 

A hermaphrodite’s marriage will be not be valid until the gender is ascertained.[5] If the gender is ascertained and the sex is the same as that of the partner, the nikāh will be invalid.  If the sex of the hermaphrodite is opposite to that of the partner, the hermaphrodite if he is a male, then he will be given one year respite to remove any physical defects, or else the partner may apply for an annulment of the marriage.[6] If the hermaphrodite is a female,   there is no need for a respite as the husband has the right of divorce.

 

To hide such defects which are generally disliked or cause disinclination to a prospective spouse is deception.  The Prophet salallahu alaihi wasallam said,

“Whoever deceives us is not from amongst us.”[7] (Sahih Muslim)

 

With regards to inheritance, a hermaphrodite will receive the share which is the lesser amount of the possible shares.  In every scenario, the hermaphrodite will be envisaged a male and female, in whichever state the hermaphrodite receives less, the hermaphrodite will be treated as that gender for that particular scenario and subsequently given that share.[8]

 

 

And Allah Ta’āla Knows Best

Mawlana Faraz ibn Adam,
Student Darul Iftaa

Leicester, United Kingdom

 

Checked and Approved by,
Mufti Ebrahim Desai.
http://www.daruliftaa.net


[1] وفي بدائع الصنائع

فَالْخُنْثَى مَنْ لَهُ آلَةُ الرِّجَالِ وَالنِّسَاءِ، وَالشَّخْصُ الْوَاحِدُ لَا يَكُونُ ذَكَرًا وَأُنْثَى حَقِيقَةً، فَإِمَّا أَنْ يَكُونَ ذَكَرًا، وَإِمَّا أَنْ يَكُونَ أُنْثَى. (ج 7 ص 327 دار الكتب العلمية)

[2] اللباب في شرح الكتاب

إذا كان للمولود فرجٌ وذكرٌ فهو خنثى، فإن كان يبول من الذكر فهو غلامٌ، وإن كان يبول من الفرج فهو أنثى، وإن كان يبول منهما والبول يسبق من أحدهما نسب إلى الأسبق، فإن كانا في السبق سواءً فلا عبرة بالكثرة عند أبي حنيفة، وقال أبو يوسف ومحمدٌ: ينسب إلى أكثرهما.(ص 389 دار قباء)

وفي البناية

ولأن البول من أي عضو كان فهو دلالة على أنه هو العضو الأصلي الصحيح، والآخر بمنزلة العيب.ج 13 ص 259 دار الكتب العلمية

[3] وفي المبسوط لشمس الأئمة السرخسي (المتوفى: 483هـ)

وَهَذَا الَّذِي هُوَ مُشْكِلٌ لَا يَخْلُو إذَا بَلَغَ هَذِهِ الْمَعَالِمَ وَإِنَّمَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ فَلَا بُدَّ أَنْ يَزُولَ الْإِشْكَالُ بِظُهُورِ عَلَامَةٍ فِيهِ فَإِنَّهُ إذَا جَامَعَ بِذَكَرِهِ أَوْ خَرَجَتْ لَهُ لِحْيَةٌ أَوْ احْتَلَمَ كَمَا يَحْتَلِمُ الرِّجَالُ فَهُوَ رَجُلٌ وَقَوْلُهُ فِي ذَلِكَ مَقْبُولٌ؛ لِأَنَّهُ أَمْرٌ فِي بَاطِنِهِ لَا يَعْلَمُهُ غَيْرُهُ، وَقَوْلُ الْإِنْسَانِ شَرْعًا مَقْبُولٌ فِيمَا يُخْبِرُ عَمَّا فِي بَاطِنِهِ مِمَّا لَا يَعْلَمُهُ غَيْرُهُ، وَإِنْ

كَانَ لَهُ ثَدْيَانِ مِثْلُ ثَدْيَيْ الْمَرْأَةِ أَوْ رَأَى حَيْضًا كَمَا تَرَى النِّسَاءُ أَوْ كَانَ يُجَامَعُ كَالْمَرْأَةِ أَوْ ظَهَرَ بِهِ حَبَلٌ أَوْ نَزَلَ فِي ثَدْيَيْهِ لَبَنٌ فَهُوَ امْرَأَةٌ؛ لِأَنَّ هَذِهِ عَلَامَاتِ الْفَصْلِ لِلْبُلُوغِ وَلَا بُدَّ أَنْ يَظْهَر عَلَيْهِ بَعْضُهَا عِنْدَ بُلُوغِهِ؛ فَإِنَّهُ لَا يَخْلُو إذَا بَلَغَ عَنْ هَذِهِ الْمَعَالِمِ. قُلْنَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ وَإِنَّمَا يَكُونُ ذَلِكَ فِي صِغَرِهِ إذَا مَاتَ قَبْلَ أَنْ يَبْلُغَ وَقَدْ بَيَّنَّا اخْتِلَافَ الْعُلَمَاءِ فِي مِيرَاثِهِ قَبْلَ أَنْ يَسْتَبِينَ أَمْرُهُ فِيمَا سَبَقَ.-ج 30 ص 105 دار المعرفة

وفي مجمع الأنهر شرح ملتقى الأبحر

فَإِذا بلغ فَإِن ظَهرت بعض عَلَامَات الرِّجَال من نَبَات لحية أَو قدرَة على الْجِمَاع أَو احْتِلَام كَالرّجلِ، فَرجل، فَإِن ظهر بعض عَلَامَات النِّسَاء من حيض وحبل وإنكسار ثدي ونزول لبن فِيهِ، وتمكين من الْوَطْء فامرأة، وَإِن لم يظْهر شَيْء أَو تَعَارَضَت هَذِه المعالم مِثْلَمَا إِذا حاض وَخرجت لَهُ لحية أَو يَأْتِي وَيُؤْتى فمشكل. قَالَ مُحَمَّد: الْإِشْكَال قبل الْبلُوغ، فَإِذا بلغ فَلَا إِشْكَال، وَإِذا ثَبت الْإِشْكَال أَخذ فِيهِ بالأحوط -ج 1 ص 469 دار الكتب العلمية

وفي الجوهرة

قَوْلُهُ (فَإِذَا بَلَغَ الْخُنْثَى وَخَرَجَ لَهُ لِحْيَةٌ أَوْ وَصَلَ إلَى النِّسَاءِ فَهُوَ رَجُلٌ) وَكَذَا إذَا احْتَلَمَ كَمَا يَحْتَلِمُ الرِّجَالُ أَوْ كَانَ لَهُ ثَدْيٌ مُسْتَوِي. قَوْلُهُ (وَإِنْ ظَهَرَ لَهُ ثَدْيٌ كَثَدْيِ الْمَرْأَةِ أَوْ نَزَلَ لَهُ لَبَنٌ فِي ثَدْيِهِ أَوْ حَاضَ أَوْ حَبِلَ أَوْ أَمْكَنَ الْوُصُولُ إلَيْهِ مِنْ الْفَرْجِ فَهُوَ امْرَأَةٌ) ؛ لِأَنَّ هَذَا مِنْ عَلَامَاتِ النِّسَاءِ. وَأَمَّا خُرُوجُ الْمَنِيِّ فَلَا اعْتِبَارَ بِهِ؛ لِأَنَّهُ يَخْرُجُ مِنْ الْمَرْأَةِ كَمَا يَخْرُجُ مِنْ الرَّجُلِ كَذَا فِي شَرْحِهِ وَصُورَةُ الْحَبَلِ بِأَنْ يَتَمَسَّحَ بِخِرْقَةٍ فِيهَا مَنِيٌّ فَإِنْ قِيلَ ظُهُورُ الثَّدْيَيْنِ عَلَامَةٌ مُسْتَقِلَّةٌ فَلَا حَاجَةَ إلَى ذِكْرِ اللَّبَنِ قِيلَ؛ لِأَنَّ اللَّبَنَ قَدْ يَنْزِلُ وَلَا ثَدْيَ أَوْ يَظْهَرُ لَهُ ثَدْيٌ بِحَيْثُ لَا يَتَمَيَّزُ مِنْ ثَدْيِ الرَّجُلِ فَإِذَا نَزَلَ اللَّبَنُ وَقَعَ التَّمْيِيزُ. قَوْلُهُ (فَإِنْ لَمْ يَظْهَرْ لَهُ إحْدَى هَذِهِ الْعَلَامَاتِ فَهُوَ خُنْثَى مُشْكِلٌ) إنَّمَا قَالَ فَهُوَ وَلَمْ يَقُلْ فَهِيَ؛ لِأَنَّهُ لَوْ أَنَّثَهُ يَكُونُ تَعْيِينًا لِأَحَدِ الْأَمْرَيْنِ وَقِيلَ إنَّمَا ذَكَرَهُ لِأَنَّ التَّذْكِيرَ هُوَ الْأَصْلُ لَا عَلَى التَّعْيِينِ. (ج 1 ص 358 مير محمد كتب خانه)

وفي تحفة الفقهاء علاء الدين السمرقندي (المتوفى: نحو 540هـ)

وَإِنَّمَا يظْهر الْحَال وَيَزُول الْإِشْكَال بِالْبُلُوغِ بِظُهُور الْحيض وَالْحَبل ونهود الثديين ونبات اللِّحْيَة والاحتلام وَنَحْوهَا فَيجْرِي عَلَيْهِ أَحْكَام الذّكر أَو الْأُنْثَى -ج 3 ص 357 دار المتب العلمية

[4] وفي المبسوط لشمس الأئمة السرخسي (المتوفى: 483هـ)

وَلَا بُدَّ أَنْ يَظْهَرَ عَلَيْهِ بَعْضُهَا عِنْدَ بُلُوغِهِ؛ فَإِنَّهُ لَا يَخْلُو إذَا بَلَغَ عَنْ هَذِهِ الْمَعَالِمِ. قُلْنَا لَا يَبْقَى الْإِشْكَالُ فِيهِ بَعْدَ الْبُلُوغِ وَإِنَّمَا يَكُونُ ذَلِكَ فِي صِغَرِهِ إذَا مَاتَ قَبْلَ أَنْ يَبْلُغَ وَقَدْ بَيَّنَّا اخْتِلَافَ الْعُلَمَاءِ فِي مِيرَاثِهِ قَبْلَ أَنْ يَسْتَبِينَ أَمْرُهُ فِيمَا سَبَقَ. (ج 30 ص 105 دار المعرفة)

[5]وفي حاشية ابن عابدين

(هُوَ) عِنْدَ الْفُقَهَاءِ (عَقْدٌ يُفِيدُ مِلْكَ الْمُتْعَةِ) أَيْ حِلَّ اسْتِمْتَاعِ الرَّجُلِ – مِنْ امْرَأَةٍ لَمْ يَمْنَعْ مِنْ نِكَاحِهَا مَانِعٌ شَرْعِيٌّ فَخَرَجَ الذَّكَرُ وَالْخُنْثَى الْمُشْكِلُ وَالْوَثَنِيَّةُ لِجَوَازِ ذُكُورَتِهِ (ج 3 ص4-3 أيج أيم سعيد)

وكذا في فتاوى حقانية ج 4 ص 328

[6] وفي تبيين الحقائق

فَإِذَا ظَهَرَ أَنَّهُ خِلَافُ مَا زُوِّجَ بِهِ تَبَيَّنَ أَنَّ الْعَقْدَ كَانَ صَحِيحًا، وَإِلَّا فَبَاطِلٌ لِعَدَمِ مُصَادَفَةِ الْمَحِلِّ

وَكَذَا إذَا زُوِّجَ الْخُنْثَى مِنْ خُنْثَى آخَرَ لَا يُحْكَمُ بِصِحَّةِ النِّكَاحِ حَتَّى يَظْهَرَ أَنَّ أَحَدَهُمَا ذَكَرٌ، وَالْآخَرَ أُنْثَى، وَإِنْ ظَهَرَ أَنَّهُمَا ذَكَرَانِ أَوْ أُنْثَيَانِ بَطَلَ النِّكَاحُ، وَلَا يَتَوَارَثَانِ إذَا مَاتَ قَبْلَ التَّبَيُّنِ لِأَنَّ الْإِرْثَ لَا يَجْرِي إلَّا بَعْدَ الْحُكْمِ بِصِحَّةِ النِّكَاحِ. (ج 6 ص 218 مكتبة إمدادية)

وفي التبيين

(فَرْعٌ) قَالَ شَمْسُ الْأَئِمَّةِ السَّرَخْسِيُّ فِي شَرْحِ الْكَافِي وَالْخُنْثَى إذَا كَانَ يَبُولُ مِنْ مَبَالِ الرِّجَالِ فَهُوَ رَجُلٌ يَجُوزُ لَهُ أَنْ يَتَزَوَّجَ امْرَأَةً فَإِنْ لَمْ يَصِلْ إلَيْهَا أُجِّلَ كَمَا يُؤَجَّلُ الْعِنِّينُ لِأَنَّ رَجَاءَ الْوُصُولِ يَتَحَقَّقُ، وَإِنْ كَانَ يَبُولُ مِنْ مَبَالِ النِّسَاءِ فَهِيَ امْرَأَةٌ فَإِذَا تَزَوَّجَتْ رَجُلًا لَمْ يُعْلَمْ بِحَالِهَا ثُمَّ عُلِمَ بَعْدَ ذَلِكَ فَلَا خِيَارَ لِلزَّوْجِ لِأَنَّ الطَّلَاقَ فِي يَدِهِ، وَهُوَ نَظِيرُ الرَّتْقَاءِ، وَقَالَ شَمْسُ الْأَئِمَّةِ الْبَيْهَقِيُّ فِي الشَّامِلِ زُوِّجَ خُنْثَى مِنْ خُنْثَى، وَهُمَا مُشْكِلَانِ عَلَى أَنَّ أَحَدَهُمَا رَجُلٌ، وَالْآخَرَ امْرَأَةٌ وَجَبَ الْوَقْفُ فِي النِّكَاحِ حَتَّى يُتَبَيَّنَ فَإِنْ مَاتَا قَبْلَ التَّبَيُّنِ لَمْ يَتَوَارَثَا، (ج 3 ص 23 مكتبة إمدادية)

وفي البحر الرائق

فَإِنْ زَوَّجَهُ الْأَبُ امْرَأَةً وَبَلَغَ وَظَهَرَ عَلَامَاتُ الرِّجَالِ وَنَحْوُهُ حُكِمَ بِجَوَازِ النِّكَاحِ إلَّا أَنَّهُ إذَا لَمْ يَصِلْ إلَيْهَا فَإِنَّهُ يُؤَجَّلُ سَنَةً كَمَا يُؤَجَّلُ غَيْرُهُ إذَا لَمْ يَصِلْ إلَى امْرَأَتِهِ وَلَوْ أَنَّ هَذَا الْخُنْثَى الْمُشْكِلَ تَزَوَّجَ خُنْثَى مِثْلَهُ فَالنِّكَاحُ يَكُونُ مَوْقُوفًا إلَى أَنْ يَسْتَبِينَ حَالُهُمَا فَإِنْ تَبَيَّنَ حَالُهُمَا فَالنِّكَاحُ جَائِزٌ وَإِنْ مَاتَ أَحَدُهُمَا أَوْ مَاتَا قَبْلَ أَنْ يَزُولَ الْإِشْكَالُ لَمْ يَتَوَارَثَا وَإِنْ مَاتَا وَتَرَكَا أَحَدَ الْأَبَوَيْنِ فَأَقَامَ كُلُّ وَاحِدٍ مِنْ وَرَثَتِهِمَا الْبَيِّنَةَ أَنَّهُ هُوَ الزَّوْجُ وَأَنَّ الْآخَرَ هُوَ الزَّوْجَةُ لَا يَقْضِي بِشَيْءٍ مِنْ ذَلِكَ، وَلَوْ أَنَّ رَجُلًا قَبَّلَ هَذَا الْخُنْثَى بِشَهْوَةٍ لَيْسَ لِهَذَا الرَّجُلِ أَنْ يَتَزَوَّجَ بِمَحَارِمِهِ حَتَّى يَتَبَيَّنَ أَمْرَهُ.

وفي الفتاوى الهندية

نَوْعٌ آخَرُ في مَسَائِلِ النِّكَاحِ لو زَوَّجَ الْأَبُ هذا الْخُنْثَى امْرَأَةً قبل بُلُوغِهِ أو زَوَّجَهُ من رَجُلٍ قبل بُلُوغِهِ فَالنِّكَاحُ مَوْقُوفٌ لَا يُنَفِّذُهُ وَلَا يُبْطِلُهُ وَلَا يَتَوَارَثَانِ حتى يَسْتَبِينَ أَمْرُ الْخُنْثَى فَإِنْ زَوَّجَهُ الْأَبُ امْرَأَةً وَبَلَغَ وَظَهَرَ عَلَامَاتُ الرِّجَالِ وَحَكَمَ بِجَوَازِ النِّكَاحِ إلَّا أَنَّهُ لم يَصِلْ إلَيْهَا فإنه يُؤَجَّلُ سَنَةً كما يُؤَجَّلُ غَيْرُهُ مِمَّنْ لَا يَصِلُ إلَى  امْرَأَتِهِ قُلْت أَرَأَيْت هذا الْخُنْثَى الْمُشْكِلُ الْمُرَاهِقُ وَخُنْثَى مِثْلُهُ مُشْكِلٌ تَزَوَّجَ أَحَدُهُمَا صَاحِبَهُ على أَنَّ أَحَدَهُمَا رَجُلٌ وَالْآخَرَ امْرَأَةٌ قال إذَا عُلِمَ أَنَّ كُلَّ وَاحِدٍ مِنْهُمَا مُشْكِلٌ فإن النِّكَاحَ يَكُونُ مَوْقُوفًا إلَى أَنْ يَتَبَيَّنَ حَالُهُمَا لِجَوَازِ أَنَّهُمَا ذَكَرَانِ فَيَكُونُ هذا ذَكَرًا تَزَوَّجَ بِذَكَرٍ فَيَكُونُ النِّكَاحُ بَاطِلًا وَكَذَلِكَ يَجُوزُ أَنْ يَكُونَا أُنْثَيَيْنِ فَيَكُونُ النِّكَاحُ بَاطِلًا لِأَنَّهُ امْرَأَةٌ تَزَوَّجَ امْرَأَةً وَيَجُوزُ أَنْ يَكُونَ أَحَدُهُمَا ذَكَرًا وَالْآخَرُ أُنْثَى فَيَكُونُ النِّكَاحُ جَائِزًا فإذا كَانَا مُشْكِلَيْنِ لَا يُدْرَى حَالُهُمَا يَكُونُ النِّكَاحُ مَوْقُوفًا إلَى أَنْ يَسْتَبِينَ حَالُهُمَا وَإِنْ مَاتَ أَحَدُهُمَا أو مَاتَا قبل أَنْ يَزُولَ الْإِشْكَالُ لم يَتَوَارَثَا لِأَنَّهُ قبل التَّبَيُّنِ النِّكَاحُ مَوْقُوفٌ وَالنِّكَاحُ الْمَوْقُوفُ لَا يُسْتَفَادُ الْإِرْثُ بِهِ كَذَا في الذَّخِيرَةِ (ج 6 ص 439 مكتبة رشيدية)

[7]وفي صحيح مسلم

عَنْ أَبِي هُرَيْرَةَ: أَنَّ رَسُولَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ قَالَ: «مَنْ حَمَلَ عَلَيْنَا السِّلَاحَ فَلَيْسَ مِنَّا، وَمَنْ غَشَّنَا فَلَيْسَ مِنَّا» (رقم الحديث 101)

[8]وفي اللباب

(ورد ثمنها إلى بيت المال، وإذا مات أبوه وخلف ابنا وخنثى فالمال بينهما عند أبي حنيفة على ثلاثة أسهم: للابن سهمان، وللخنثى سهم، وهو) في هذا المثال المذكور (أنثى عنده في الميراث) ، لأن ذلك ثابت بيقين، والزيادة مشكوك فيها؛ فلا يحكم بالشك (إلا أن يتبين غير ذلك فيتبع) والأصل عنده أن له أسوأ الحالين من الذكورة والأنوثة، ويتصور في ذلك أربع صور؛ الأولى: أن يكون إرثه في حال الأنوثة أقل، فينزل أنثى كما في مسألة

المتن  . والثانية: أن يكون في حال الذكورة أقل كزوج وأم وخنثى شقيق أو لأب فينزل  ذكراً. والثالثة: أن يكون محرماً في حال الأنوثة كشقيقتين وخنثى لأب فيحرم. والرابعة: أن يكون محروماً في حال الذكورة كزوج وشقيقة وخنثى لأب فيحرم أيضا

قال في التصحيح: قال الإسبيجاني: وهذا قول أبي حنيفة ومحمد، واعتمده المحبوبي والنسفي وصدر الشريعة. اهـ (ص 391-389 دار قباء)

 

ZINA-SWIMMING

ZINA-SWIMMING – SHAITAAN’S SUNNAH PROMOTED BY MOLVI AGENTS OF IBLEES

Explaining the incredible and shocking indulgence of Molvis in immorality – fisq and fujoor – a concerned parent from Pietermaritzburg laments:
“As a concerned parent, I would like to know if swimming is permissible if there is no segregation of boys and girls. I do not like to judge but there is an Aalim, Moulana Saliem, in our community in Pietermaritzburg, who teaches swimming to our Muslim children. However, he does not separate the boys and girls, and some of these children are at the age of marriage. They all swim together and have conversations in between their swimming sessions.

The parents, mostly mothers, are allowed to sit and watch their children and this moulana also goes to the mothers and have chit chat with them in public view.

There is also another Aalim, Moulana Moosa from the same area, who goes to the pool and decides that it is correct to learn how to swim among hundreds of non- mahram woman and girls. Moulana Saliem also makes these innocent children participate in swim competitions like the Midmar Mile which is to take place next month at the Midmar dam.

Apart from all the nudity at the event There are thousands of swimmers who take part in this race. Men and women all swim together and this Aalim also participates in this competition with his swimmers. There is also another Aalim from the same community to add to the list who swims in this competition.

We look up to these moulanas in our community, so I would like to know if this is the correct thing which these learned people are doing as these moulanas are the high profile of our community. Moulana Saliem is part of the Jamiatul Ulama KZN, and an Imaam in a Masjid. Moulana Moosa is part of a Darul Uloom in Pietermartizburg – Madrasah Tarteelul Quraan.

Can people follow these Moulanas in Namaaz and can we take their advices? (End of the parent’s letter)
COMMENT

The level of degradation into the dregs of the cauldron of immorality and zina is shockingly lamentable. By no stretch of Imaani understanding can these molvis be described as ‘Aalims’. In fact they are juhala of the worst kind. They are fussaaq and fujjaar of the worst order. They are Satanists.

It is incredible to fathom – it is beyond even the imagination of conscious Muslims that molvis who are regarded to be part of the Ulama Fraternity indulging in zina so flagrantly in full public view. It is difficult to accept that they are even Muslims. It is not possible for people of Imaan, even for fussaaq and fujjaar, to denude themselves of every vestige of Imaani haya to organize, participate and promote even 3 year old boys and girls to swim together. But here in Pietermaritzburg, molvis linked to Madaaris and Musaajid are most brazenly and flagrantly promoting zina in the pools loaded with fisq and fujoor.

When it is not permissible to even view the garments of a female, it defies Imaani imagination to even attempt imagining Muslim boys and girls, men and women swimming together. While such filth is understandable for non-Muslims, such zina lewdness is incomprehensible regarding Muslims even in this age in close proximity to Qiyaamah. Are these molvis Muslims? They appear to be munaafiqeen masquerading as Muslims. They come within the purview of Allah’s castigation:

“The A’raab (rural village-dwellers) say: ‘We have Imaan.’ Say (O Muhammd to them): ‘You have no Imaan. Rather say: ‘We have submitted (i.e. accepted Islam superficially) whilst Imaan has not entered into your hearts.” (Al-Hujuraat, Aayat 14)

These molvis who brazenly and flagrantly promote ZINA by condoning and participating in the mass perpetration of immoral nudity in the water by men and women, kuffaar and Muslims alike, are in the same class as these A’raab whose Imaan Allah Ta’ala denies. How is it possible for even fussaaq and fujjaar Muslims to promote and believe that such zina nudity is halaal? Aggravating the immoral villainy of their kufr is their parading as ‘ulama’ whilst in reality they are agents of Iblees.

These molvis also come within the scope of the Qur’aanic Aayaat which revile the Munaafiqeen. Allah Ta’ala says:

“And, from among the people are those who say: ‘We believe in Allah and the Last day.’, whilst (in reality) they are not Mu’mineen. They deceive Allah (in their stupid opinion) and the people of Imaan. However, they deceive only themselves.

In their hearts is a disease (of nifaaq). Therefore Allah increases their disease, and for them there is a painful punishment because of their lies.”

(Al-Baqarah, 8 and 9)

The shameless fisq and fujoor (immorality/obscenity and satanic promiscuity) of these molvis is absolutely mind-boggling. How is it possible for such immoral scoundrels to be members of Jamiatul Ulama KZN. Is the Jamiat’s leadership so blind or so utterly uncaring of Allah Ta’ala and His Deen that they are unable to see and understand the gravity of the fisq and fujoor bordering on kufr of their molvi members who promote ZINA publicly?

“The (physical eyes) are not blind. But the hearts within the breasts are blind.” (Qur’aan)
Toleration and acceptance of the brazen acts of immorality of the molvis are the effect of the spiritual blindness mentioned in this Qur’aanic Aayat.

The vile and filthy public misdeeds of these molvis accord greater credibility and clarity to the tafseer of a Hadith presented by a Faqeeh. Rasulullah (Sallallahu alayhi wasallam) said:

“Soon shall there dawn an age when………the worst of the people under the canopy of the sky will be their ulama. From them will emerge fitnah and the fitnah will rebound on them.”

The Faqeeh commenting on this Hadith said that ‘under the canopy of the sky’ are also the Yahood, the Nasaara, the Mushrikeen, dogs and pigs. Rasulullah (Sallallahu alayhi wasallam) categorised these exceptionally evil movis as worse than all of these creations. Thus those molvis who are in this satanic game of promoting nudity and zina so blatantly are worse than even khanaazeer.

Their public and flagrant promotion of and participation in the swimming ZINA cannot be by error. Their Satanism is pre-planned and by design. It is a palpable denial of the entire concept of Hijaab revealed by Allah Ta’ala.

If they had an iota of Imaan, they would have trembled with fear even if their zina shenanigans were perpetrated in privacy. But these villains and vile scoundrels propagate their zina in full view of the public.

Their recklessness in the public perpetration of immorality and zina has emboldened many Muslim women to act as lesbians. These shaitaani females following in the shaitaani footsteps of the evil molvis have denuded themselves of every semblance of Imaani haya, hence they are able to shamelessly spectate the acts of nudity and zina which the illegitimate progeny of Iblees has organized in the form of the filthy mixed men and women swimming functions.

These people – the evil molvis and the spectators – are all mal-oon and maghdoob – Allah’s la’nat and ghadhab settle on them every second of their participation in the molvi-organized zina swimming shaitaaniyat. Modesty and bashfulness for doing even what is permissible, are integral constituents of Imaan. Rasulullah (Sallallahu alayhi wasallam) said:

“Haya is a branch of Imaan.” Thus, for even a Muslim male to leave his elbows exposed, to eat in the public, to laugh loudly, to be dressed with only a T-shirt in public, and in general to do any act which Islamically is considered khilaaf-e-murawwat (uncultural) are in conflict with Imaani hayaa despite the initial permissibility of such acts which are regarded to be trivialities. But in Islam habitual commission of even ‘trivialities’ culminates in major sins.

The illegitimate progeny of Iblees – those who prostitute the haya and chastity of Muslim women under Deeni guise with the monstrous LIE that swimming is ‘Sunnat’ for them, and that too by denuding themselves in public – are devilishly oblivious of the faintest idea of the meaning of Imaani Haya, hence their brazen indulgence in and promotion of the grotesquely obscene zina-swimming act, the toxity of which is of a satanically aggravated nature.

What is Imaani Hayaa and Ghairah? The following Hadith will serve as edification for the satanized brains of these vile molvis:

“Hadhrat Sa’ad Bin Ubaadah (Tadhiyallahu anhu) said: ‘I will not hesitate killing my wife with a sword should I see her with another man.”

Rasulullah (Sallallahu alayhi wasallam) said: “Only a person with a darkened heart is deprived of ghairah.”

These fussaaq and fujjaar molvis are totally deprived of Imaani haya and ghairah. Their hearts are darkened with the zulmat of kufr. Never in the history of Islam was immorality of this nature committed. There is no precedent in Islam for semi-nude Muslim males and females immorally swimming together under molvi supervision.

Once Rasulullah (Sallallahu alayhi wasallam) asked: “What is best for women.” No one was able to proffer an answer. Hadhrat Ali (Radhiyallahu anhu) went to his wife, Hadhrat Faatimah (Radhiyallahu anha) and posed the same question. This illustrious Daughter of our Nabi (Sallallahu alayhi wasallam), the Queen of Jannat, responded:

“No man should see her, and she should see no man.”

On hearing this grand response, Rasulullah (Sallallahu alayhi wasallam) commented: “Faatimah is a portion of me.”

Imaani Hayaa demands that a man should not unnecessarily look at even a fully clad woman – clad with burqah and niqaab, nor should a woman unnecessarily look at a ghair mahram man. Imaani Hayaa demands that a man should not look at even the dead body of a woman enshrouded in FIVE sheets. To safeguard this lofty concept of Imaani Hayaa, the enshrouded body of the deceased woman is further screened from the gazes of men by a screen drawn over the female’s enshrouded body as it is lowered in the Qabar. But, what do we find today in our midst?

Thoroughly satanized molvis – human shayaateen – men with the hearts of wolves – goading Muslim women to appear semi-nude into the public domain to mingle with semi-nude males in pools to swim together while being spectated by a crowd of men and women devils – male devils and females devils. And, they have the treacherous temerity of promoting all of this ZINA as ‘sunnah’!!! They should cleanse the surface of this earth of their filth and villainy by drowning themselves.

The swimming which these shaitaani scoundrels depict as ‘sunnah’ is a Kabeerah sin of the worst order. In fact, for these villainous scoundrel molvis, it is KUFR. Salaat behind these treacherous human shayaateen is not valid. They are not fussaaq of the humdrum class predominating this era, who understand their misdeeds to be sins for which Taubah is imperative. These human shaitaan molvis are guilty of irtidaad. Renewal of Imaan is imperative.

These are the types of molvis who, according to the Hadith, will be compelled in Jahannam to circumambulate their own intestines which will be extracted from their bodies and cast in front of them for making tawaaf.

What has happened to the other Ulama of Pietermaritzburg? What has happened to the Jamiat KZN? Having receded into the fortress of silence, they have demonstrated that they are the very ‘dumb devils’ about whom Rasulullah (Sallallaahu alayhi wasallam) said:

“He who is silent regarding the Haqq, is a dumb shaitaan.”

It is haraam to have these shayaateen as members of the Jamiat. It is haraam for the trustees to permit these evil molvis to be Imaams.

These villainous scoundrel molvis, the Musjid trustees and the Jamiat are all Signs of the Impending Hour of Qiyaamah. They flagrantly violate Allah’s Laws and shamelessly abstain from Amr Bil Ma’roof Nahyi Anil Munkar for the attainment of their corrupt motives. They pillage and plunder Amaanat (Trust). About these ulama-e-soo’ and trustees bonded to their nafs being Signs of Qiyaamah, it is mentioned in the Hadith:

“Someone asked: ‘When shall be the Hour (of Qiyaamah)?’ Rasulullah (Sallallahu alayhi wasallam) said: “When Amaanat (Trust) is destroyed, then await the Hour.” He was asked: ‘How will Amaanat be destroyed?’ Nabi (Sallallahu alayhi wasallam) said: “When affairs (of trust) are assigned to those who are unfit (to bear the Trust), then await the Hour.”

Today thoroughbred scoundrels and abusers of Amaanat are acting as Imaams of Musjids, as Ustaadhs in Madaaris and as members of bodies such as Ulama Jamiats.

When such vile acts of fisq and fujoor – such acts of the prostitution of haya and chastity are so flagrantly perpetrated by men who are supposed to be the spiritual guides of the Muslim community, then Muslims have to understand and be in anticipation of the imminence of the Hour of Qiyaamah.

1 Jamadul Aakhir 1441 – 27 January 2020

HOW TO TEACH SEX EDUCATION TO MUSLIM CHILDREN

Q. How should a child be taught subjects of a sexual nature? How should he / she be informed of prohibited and permissible acts, about masturbation, zina, etc.? What age would be proper to teach them about these issues?
A. Western influence has prompted you to ask this question. The western kuffaar are immorally obsessed with sex, hence they satanically fabricate sex ‘education’ for children.
How did you gain knowledge of these sexual issues? How did the millions and billions of children from the time of Nabi Aadam (Alayhis salaam) acquire this knowledge? In the same way as you and us all acquired this knowledge, so too will all other children until the Day of Qiyaamah acquire it. Do not burden your brains with copro-stupidities.

KUFR EDUCATION IN KUFR SCHOOLS

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THE FILTH OF “COMPREHENSIVE SEX EDUCATION”

A NECESSARY CONSEQUENCE OF KUFR EDUCATION IN KUFR SCHOOLS

Among the many letters concerned Muslims are writing to us, one Brother writes:

“There is a very huge uproar regarding the Comprehensive Sex Education that is planned to be introduced in the school curriculum. Can Molana please proffer advice as to how we should oppose it.

Many Muslim women are joining WhatsApp groups with men on the same groups discussing and vehemently opposing the CSE. Does Molana think that this is the correct way to voice their displeasure? Or is it a ploy of Shaitaan for women to be on the groups. I personally think discussing the filthy CSE content on the groups in itself is filthy with no hayaa.”
ANSWER AND COMMENT

The women and men who engage in the filthy topic are themselves filth. They lack even a vestige of hayaa. These people are not Muslims. They only masquerade as Muslims whilst in reality they are munaafiqeen.

Since the past several decades, we have vociferously campaigned against secular schools and universities despite there having been no uproar whatsoever. In fact, we have repeatedly and vigorously proclaimed the stance of the Shariah regarding these immoral kuffaar institutions of secular learning.

Our stance is that it is haraam to learn even arithmetic and geography in these immoral schools, leave alone the current shaitaani ‘comprehensive sex education’ filth which the followers of the Devil are introducing.

Brother, no amount of ‘uproaring’ will avail. Muslims have long ago embraced with love and honour the kuffaar schools of immorality. They accord far greater importance and serious and diligent concern to secular education in immoral institutions than to Qur’aanic knowledge. The Qur’aan and Islamic education have been brutally made subservient to secular education. The Deeni Ta’leem of children is a hobby or a past-time activity to be adopted and discarded at whim and fancy. It is not regarded as the Fardh obligation imposed on the Ummah by Rasulullah (Sallallahu alayhi wasallam). Even kuffaar sport, which is a fundamental constituent of secular education, and which Muslims and even the evil muftis have justified and satanically halaalized, is elevated to a higher pedestal than Maktab education – the ta’leem of the Qur’aan and the Basics of Islam.

This shaitaani attitude of the Muslim community will have its sequel in the Divine Court on the Day of Qiyaamah when Rasulullah (Sallallahu alayhi wasallam) will complain to Allah Ta’ala, saying:

“O my Rabb! These my people have made this Qur’aan an object for buffeting (a football).”
Besides the immoral, shaitaani CSE issue, secular schools – not secular education – are haraam. It is haraam to learn any branch of secular knowledge at these immoral schools of the Devil. The uproar against CSE is meaningless. It is a lot of silly hot hair signifying nothing. As we near Qiyaamah, the trend of naked immorality will incumbently become incremental. The stage has to be reached when people will fornicate like dogs on the streets and in the malls to provide shaitaani entertainment.

Muslims – the vast majority – today are ‘Muslim’ merely by name. At heart, they are atheists. Despite the uproar, the filth will become an embedded constituent of the devil’s curriculum of these schools. “Muslims’ will embrace it. The initial bleatings of protest which you term ‘uproar’, will soon evaporate and the filth will be accepted, and later applauded and honoured by ‘Muslims’ to justify the continued attendance of their children at these schools of shaitaan.

The community is rotten to the core. It stinks with the rot of immorality. The feeble and flabby whisperings against CSE are not an ‘uproar’. If there is a genuine UPROAR, the authorities will heed the protests. The only way for Muslims, if they believe themselves to be Muslims, is to stage a massive boycott of these schools. They should totally abandon secular schools, and make their own proper and valid Islamic arrangement for the provision of valid secular education for their children.

The billions of rands which the Muslim community wastes down the devil’s drain on haraam, weddings, haraam luxuries, haraam holidays, mock umrahs, mock hajj, haraam functions of a variety of evil kinds, and in many other haraam and wasteful avenues should be constructively and intelligently utilized for the provision of Islamisized secular education.

There is no other advice. May Allah Ta’ala guide and protect us from the evils of the nafs and the snares of shaitaan.

17 Rabiul Awwal 1441 – 15 November 2019

Giving up sins

Q: I need some help. I’m 23 years of age and from a conservative Muslim minority. My problem started when I was younger and I was introduced to porn movies and masturbation. I need your advice.

A: The best solution for you is to get married. If you cannot get married then commence fasting and daily take out some time daily to meditate over death and the stages after death.

Meditate over the following at a time when nothing obstructs you, perhaps after Esha Salaah. First make a proper wudhu and perform two rakaats of Taubah Salaah. Thereafter, focus deeply over death and the events that will follow after death, the loneliness of the grave, standing before Allah Ta`ala for reckoning, Jannah and Jahannum and thereafter think to yourself, can you tolerate Jahannum for a single moment. When you cannot, then how can you be brazen about matters that will take you to Jahannum.

Reprimand yourself saying that you are enjoying the comforts of Allah Ta`ala and His favours during the day and night, and is this the way to show appreciation to the one who is so loving and caring. Explain to yourself that the one who leads this type of life really does not have any understanding of loyalty and faithfulness to the one who is most loving and beneficent towards him.

After crying over your sins with deep remorse and regret, make a firm resolve that you will never repeat these wrongs in the future.

And Allah Ta’ala (الله تعالى) knows best.

عن عبد الرحمن بن يزيد قال دخلت مع علقمة والأسود على عبد الله فقال عبد الله كنا مع النبي صلى الله عليه وسلم شبابا لا نجد شيئا فقال لنا رسول الله صلى الله عليه وسلم يا معشر الشباب من استطاع الباءة فليتزوج فإنه أغض للبصر وأحصن للفرج ومن لم يستطع فعليه بالصوم فإنه له وجاء (صحيح البخاري، الرقم: 5066)

عن أبي هريرة قال قال رسول الله صلى الله عليه وسلم أكثروا ذكر هاذم اللذات يعني الموت وفي الباب عن أبي سعيد هذا حديث حسن غريب (سنن الترمذي، الرقم: 2307)

عن عمرو بن مرة قال سمعت أبا عبيدة يحدث عن أبي موسى عن النبي صلى الله عليه وسلم قال إن الله عز وجل يبسط يده بالليل ليتوب مسيء النهار ويبسط يده بالنهار ليتوب مسيء الليل حتى تطلع الشمس من مغربها (صحيح مسلم، الرقم: 2759)

قال العلماء التوبة واجبة من كل ذنب فإن كانت المعصية بين العبد وبين الله تعالى لا تتعلق بحق آدمي فلها ثلاثة شروط أحدها أن يقلع عن المعصية والثاني أن يندم على فعلها والثالث أن يعزم أن لايعود إليها أبدا فإن فقد أحد الثلاثة لم تصح توبته وإن كانت المعصية تتعلق بآدمي فشروطها أربعة هذه الثلاثة وأن يبرأ من حق صاحبها فإن كانت مالا أو نحوه رده إليه وإن كانت حد قذف ونحوه مكنه منه أو طلب عفوه وإن كانت غيبة استحله منها ويجب أن يتوب من جميع الذنوب فإن تاب من بعضها صحت توبته عند أهل الحق من ذلك الذنب وبقي عليه الباقي وقد تظاهرت دلائل الكتاب والسنة وإجماع الأمة على وجوب التوبة (رياض الصالحين صـ 14)

وقال البيضاوي سئل على رضي الله عنه عن التوبة فقال يجمعها ستة أشياء على الماضي من الذنوب الندم وللفرائض الاعادة ورد المظالم واستحلال الخصوم وان تعزم على ان لا تعود وان تزكى نفسك على طاعة اللّه كما رايتها فى المعصية (التفسير المظهري 9/345)

لا خلاف أن النكاح فرض حالة التوقان حتى أن من تاقت نفسه إلى النساء بحيث لا يمكنه الصبر عنهن وهو قادر على المهر والنفقة ولم يتزوج يأثم (بدائع الصنائع 2/228)

الاستمناء حرام وفيه التعزير (الفتاوى الهندية 2/170)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)