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الحمد لله رب العالمين
والعاقبة للمتقين
ولا عدوان إلا على الظالمين
Assalāmu Alaykum Warahmatullāh Wabarakātuh
Beloved brothers and sisters in the Dīn
Welcome again to this week’s session of the Halqah
We ask Allāh for Tawfīq and Thabāt
Āmīn
Inshā Allāh, this week’s Halqah seeks to continue to answer the questions still pending
We ask Allāh for guidance, āmīn
*Question 1*
*ON TAKING OUT THE NAMES OF THE RASŪL – SALALLĀHU ALAYHI WASALLAM – FROM VERSES OF THE Qur’ān*
_” Assalam alaykum waramatullah Wabarokatuhu ya Admin! Pls I want to know d rulings on taking a text/ verse of d Holy Qur’an to make du’a whereby d person replace a prophet’s name mentioned in that verse with his. Hope u get my question right?”_
*Answer*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
It depends on the verse and on the meanings that the replacement is made to take
Firstly, it is not permissible to tamper with a verse of the Qur’ān while holding it as a verse. The Ulamā are at a consensus on that.
Imām As-Suyūtī – rahimahullāh – referred to that in _’Al-Bayān’_
Some of the Ulamā have referred to that as Kufr.
We seek Allah’s help from that
Secondly, when seeking for Barakah from verses of the Qur’ān, we are called upon to leave it as it were and not to change a word in it
This is closer to the seeking of Barakah and the attainment of the sake
Thirdly, if the essence of taking out the Prophet’s Name is so that the Du’ā is made to apply to the seeker, while the reciter believes that he isn’t, by so doing reciting a verse, then this is Makrūh as most of the Salaf have held
However, if your purpose of doing it is to seek for barakāt and make du’ā, your goals are more achieved by leaving the verse as it is and seeking a Tawassul toward Allāh using your recitation of the verse
Lastly, it should be known that this practice is among the gates through which the Shaytān has sought to build innovations in this Ummah.
We are called upon to desist from such and to make du’ā as best as we know and can
Bārakallāhu fīkum
*Question 2*
_”A student who wants to get married soon before graduating and not ready to get pregnant until after graduation, is it possible not to consummate d marriage immediately probably till after walimah which will come up after school. Is it really possible, realistic or achievable…If yes, how can one convince d husband.”_
*Answer*
Alhamdulillāh
May Allāh reward her intentions to get married and to protect herself from the falling places of Iblīs, āmīn
The Ulamā agreed that the Sharī’a has not placed restrictions or set a time table that must be adhered to on the period between the _Nikāh_ and the _Dukhlah_ (Consummation)
It is entirely left to the discretion of the couple as long as there is no harm done upon both
…and no trampling of any of the partner’s rights
For this reason, the Hanafī Imām Ar-Ruhaybānī – rahimahullāh – mentioned in _’Matālibu Ulī An-Nuhā’_
_”Whosoever of both couples seeks for time before the consummation should be obliged till a time that is normally expected for his affair to have been easened. Such as two days and three, as a way of seeking for ease and repreive. What is to be referred to in that is the norm and custom of the people. This is because there is no measurement of such a period. Therefore it is obligatory to return thereby to the norms…”_
However, in the situation that you have raised, without regard to how it is achievable to do that, if our advice is sought, we would advise that you not refrain from that which Allāh has made permissible for you
Out of the fear of getting a child
This is because, of the blessings of the Nikāh is childbirth and the meeting of the couple in Halāl Sex
May Allāh make it easy for you both, āmīn
Bārakallāhu fīkum
*Question 3*
*A CHILD BORN OUTSIDE WEDLOCK*
_” Question
A child dt was given birth to outside wedlock, d father did nt accept nor reject him. Wat right do d father have on d child and d child’s right as well”_
*Answer*
Alhamdulillāh. We seek Allāh’s refuge from such a situation, āmīn
As for the Child of Zinā, the Ulamā have differed on his attribution to his father if he is known and he admits him as his
The majority of the Fuqahā have mentioned that on no circumstances can the Child of Zinā be attributed to his Zinā father
While some of the Fuqahā and Ulamā hold that if such a father admits and takes responsibility for the child, there is no harm in this attribution
This later position was taken by Imām Abū Hanīfah, Al-Hasan Al-Basrī, Ibn Rāhawayh, ‘Urwah Ibn Az-Zubayr, Muhammad Ibn Sīrīn, Sulaymān Ibn Yassār and others
It is also favoured by Shaykhu Al-Islām Ibn Taymiyyah and by his student Ibn Qayyim Al-Jawziyyah
Rahimahumullāh
A thorough look at the evidences show that the later has more weight in light of the fact that pedigree has been established
…once the father takes ownership and responsibility of his act
Now,
According to the majority position, there is no difference in whether or not the father owned up to him
Whereas if we were to go with the stronger position, the later, we would say that it makes a difference and the son may be attributed to his father
But note that the position highlighted by Shaykhu Al-Islam and the Ulamā that favor the later only allow that *if the mother is single and not married*
If that were not the case, then the child is only attributed to the house in which he was born
Does then the father have any right over the child?
Yes, in accordance with the position favoured by Shaykhu Al-Islām Ibn Taymiyyah
Does then the child have a right over the father?
Yes, in accordance with same. As long as the father owns up to the child
Does then the son have a right to inherit the father?
No.
This is the strongest position on this matter
In the Hadīth that was recorded by Imām At-Tirmidhī – rahimahullāh – the Rasūl – salallāhu alayhi wasallam – said
أَيُّمَا رَجُلٍ عَاهَرَ بِحُرَّةٍ أَوْ أَمَةٍ فَالْوَلَدُ وَلَدُ زِنَا لَا يَرِثُ وَلَا يُورَثُ”
_”Whichever man commits Zinā with a free or slave woman, the child is a Child of Zinā. He does not inherit (him) nor does he inherit him”_
The Hadīth has been graded as Sahīh
At-Tirmidhī commented by saying
_”This has been acted upon by the People of Knowledge…”_
Can he inherit the mother?
Yes
This is agreed upon
Bārakallāhu fīkum
We shall inshā Allāh pause here to continue tomorrow
Bārakallāhu fīkum
Jazākumullāhu Khayran
Assalāmu alaykum Warahmatullāh Wabarakātuh
سبحانك اللهم وبحمدك أشهد ان لا اله الا الله نستغفرك ونتوب إليك
