EXCERPTS FROM RADIO FIQHU FID-DEEN, EPISODE 149.

QUESTIONS & ANSWERS SESSION WITH DR SHARAFDEEN GBADEBO RAJI (PhD, ISLAMIC LAW AND JURISPRUDENCE, ISLAMIC UNIVERSITY MADINAH, SAUDI ARABIA) & (DIRECTOR, AL-MADEENAH CENTRE, PAPA ABEDE, OGBOMOSHO).

VENUE: PARROT FM 101.1, TIME: 11:00 – 11:45AM, DATE: 06/05/2022.

TRANSLATED AND TRANSCRIBED BY ABU FAWZAAN ABDULBARR IBN ISMA’EEL ADEDOKUN.

Anchor: Shaykh, you are welcome to the program sir. 

First question: “If one is nursing a child of three months and Allah destines one to accidentally get pregnant while nursing that child. Does Islam permit aborting such pregnancy?”

Second question: “Does Islam permit making dimples in a child's cheeks after delivery and does Islam permit molding with one’s hand the head of a newborn in order to make such head moderate in size?”

Shaykh: All praise is due to Allah, may commendation and protection be upon the messenger of Allah, Muhammad Ibn AbdulLaah, and upon his family, his companions and those who associate with him. As-salaam’alaykum warahmotuLloohi wabarokaatuH!

Anchor: Wa’alaykumu-salaam warahmotuLloohi wabarokaatuH

Shaykh: The injunction of Allah prohibits murder, a soul that is lost illegally through one’s action is equivalent to slaying the entire humankind. Hence, Islam does not permit aborting pregnancy. Terminating pregnancy conflicts the instructions of our Creator, it’s only in dire necessity does shariah permit. If the pregnant woman's trusted and competent obstetricians reveal that her life is endangered by her pregnancy and if such pregnancy is delayed further, it could cause her death. In such instance, her life is more important than that of the child and so Islam permits it. It is also a criterion that such pregnancy is at the formative stage. Scholars have permitted aborting such pregnancy.  

But concerning what you’re asking that “she is pregnant while she has a three-month-old infant, the child is not grown enough. Can she abort….” Abort what?! If you don’t want to get pregnant, why have sex?! Why allow your husband to ejaculate inside you? Didn’t you know that sex leads to pregnancy. If it leads to pregnancy, so be it! Exercise patience, you would bear it until you deliver it. There isn’t any one who fears Allah, believes in Allah and the last day who would tell you to abort pregnancy. DON’T ABORT IT! 

You said, “Can they make dimples in a child’s cheek or not?” If it is for beauty, without contributing to maiming Allah’s creation as we observe in some other people. Insha Allah there is nothing wrong with such because it adds to beauty, it doesn’t besmirch the beauty. There is nothing wrong with this. 

You said, “Can they mold a child’s head?” They can mold it! Some infants' heads don't form well after delivery and so need to be molded into an appreciable size and form. That is not included in altering Allah’s creation, Na’am.

Anchor: JazaakumuLloohu khoyron

First Caller: “Is Qabla-Zawaal permissible in Islam?”

Shaykh: If what you mean is to observe solaatul-Jumuah before the sun passes its zenith like the Prophet once did. It is permissible but it’s not what you should (always) do because the Prophet did not always perform solaat Jumuah qabla zawaal i.e he didn’t always pray solaat Jumuah before the sun pass the zenith. He mostly performed solaatul jumuah after the sun had passed its zenith. The fact that he once observed solaat jumuah before the sun passed the zenith doesn’t mean you should observe it as a customary sunnah.  

Second caller: If one’s wife is dead, can one make marriage proposal to her sister who is also a widow if both parties get along well. Secondly, what can one do to a wife whom one is in constant disagreement with and several reconciliatory attempts have failed?

Shaykh: All praise is due to Allah. It is permissible to marry the sister of your late wife and it’s not required that she’s a widow. She might never have married in the past either. What is prohibited is to marry both sisters simultaneously. Allah says “And that you take [in marriage] two sisters simultaneously, except for what has already occurred…” (An-Nisaa: 23). The two sisters here refers to full sisters, half sisters or two women nursed by the same woman even if she is not their biological mother, you must not marry them simultaneously. It’s haraam! This reveal to us the shortcomings of a man who married a twin from a set of two sisters. The other protested that she had a pact with her twin that the same man must marry both. Their parents also agreed so as to prevent the death of either of them. This is wrong! Everyone will die at their foreordained time. You must not transgress the limits of Allah and defy His injunctions. If you are divorced and you want to marry your ex-wife's sister, it is permissible if her parents agree to the marriage, let alone when she dies. If you want to marry her sister there’s nothing wrong with this. 

On the wife with irreconcilliable differences, firstly, you must admonish her, if she listens, you must be lenient with her because if a woman is disobedient and you admonish her and she listens, it is not permissible for you to continue acting stringently towards her. Having done that with futility, forsake her in bed perhaps she would amend her ways and realize that her failings could lead to her divorce. O righteous women! You must be careful in your marriages in order not to lose your husbands. It may not be so easy to go into another marriage. Thirdly, if she’s still adamant, you can punish her by striking in such a way that’s harmless. If you do that and she’s still obdurate, then invite mediators from your family and hers to intervene. If it results in separation then Allah permits that they could be separated, there’s nothing wrong in that. “But if they separate (by divorce), Allah will enrich each (of them) from His abundance. And ever is Allah Encompassing and Wise” (An-Nisaa: 130) 

If a wife is not of good conduct, Islam permits that she be divorced so she does not cause the husband's death and the husband doesn't cause her death.

Anchor: If zakaatul fitr is entrusted by a family to someone to distribute it to the needy and he delays it such that the people he was to deliver to had left home for Eid whereupon he dropped the zakaatul fitr at their doorstep to claim upon arrival. Will such family have the reward of paying zakaatul fitr or not?

Shaykh: All praise is due to Allah. Since it was delivered to their doorstep, their absence was the only factor that precluded them from receiving it before setting out for Eid. It would be ruled that they already have it since no one would usurp it from them before their arrival, if Allah wills.

Third caller: “A child that is born with extra digits. Can the digits be amputated?” Secondly, “After observing Ishaa’ we observed shafi’ and witr. When we get up to pray qiyaamu-layl do we still need to observe witr?”

Shaykh: All praise is due to Allah. The child that is born with more than five fingers, it can be amputated, there’s nothing wrong in that. The scholars have stated that if that happens, since it’s not a rampant occurrence of how Allah proportions the fingers, the extra digit can be amputated. It can be done whether or not in the hospital although it's advisable to use the hospital to eschew complications.

As regards observing two witr in one night, No you won’t repeat it! The prophet (may Allah grant him commendation and protection) said “There’s no permission to observe two witr in one night”. 

Fourth caller: Is it permissible in Islam to woo a woman during the month of Ramadan?

Secondly, if one is on Solaat and goes to rukoo’ and the Imam says “Sami’Alloohu-liman-hamidah”. Then someone rushes to sujood and goes back to standing. Is such prayer valid or not?

 Shaykh: All praises is due to Allah. Islam does not forbid wooing a lady in Ramadan while fasting. For someone in ihram for Hajj or Umrah, it’s prohibited. From the mahdhooratul-Ihram is to woo a lady, wooing itself is prohibited let alone tying the knot. However in Ramadan, “I want to get married to you, I find you attractive, I will like to marry you”, These are permissible. As long as the person is not engaging in iill speech. If it’s ill speech, there isn’t any time Islam permits such with a woman that’s not one’s wife.

It was said that, “I am on rukoo’ and the Imam says ‘Sami’Alloohu-liman-hamidah’ then one of the congregation proceeds to sujood…”. It’s evident that it could have occurred due to forgetfulness or perhaps he’s ignorant of the religion. Because, someone might have coerced him to observe solaat which he never used to do. From rukoo’ we go back to standing, we don’t proceed to prostration. Besides, if we were to proceed to prostration, the utterance is not “Sami’Alloohu-liman-hamidah”, it is “Allahu Akbar” we utter as we go into prostration. Perhaps, he also noticed others were standing, so he went back to stand. There’s nothing wrong with his prayer so far he’s behind an Imam. Since he is following an Imam he won’t have to observe any prostration of forgetfulness. Unlike if he were praying alone, where after teslim, he will make prostration twice for adding to his solaat.

Fifth caller: “if one observes sawm Ramadan and one’s Sawm is not complete. When one is about to pay them back, can one observe witr after Ishaa or not?

Shaykh: Perhaps what he intends is, “Can one still observe taraweeh before repaying these fasts?” No! Solaatu-taraweeh is only observed in Ramadan. Whoever incurs the debt of some days in Ramadan, what’s important is to pay back those days. It’s not upon you to observe qiyaam-layl for those siyaam as we do in the month of Ramadan. The Prophet (may Allah grant him commendation and protection) said “whoever stands (in worship for Allah) in (the night of) Ramadan out of (sincere) faith and hoping to attain Allah’s reward would have his previous sins forgiven”. Unlike the other days; you’d pay back those siyaam not that you’d start observing some qiyaamu-layl.

Sixth caller: “After marriage, a married couple discovered that they are incompatible. What is the Islamic ruling on this. Can they separate due to this?”

Shaykh: How are they incompatible?

Caller: Yes, It was confirmed at various hospitals and they said the best thing for them is divorce. Can they do tolaq?

Shaykh: All praise is due to Allah. If the investigation on the health of the couple reveals that they are incompatible, such as if the husband is SS and the wife AS or the wife is AS and the husband too AS causing them to give birth to a child that’s SS… et cetera. If it’s evident that the investigation is reliable, Islam does not oppose their divorce. Because prevention is better than cure. The Prophet (may Allah grant him commendation and protection) says “Flee from a leper as you’d flee from a lion”. The husband should divorce that wife. If he however disagrees and says he shall be with his wife forever, the wife can make khul’ to divorce him to go in search of her own husband.

Seventh caller: “If a man has a higher sexual libido than the wife and is unable to be intimate with her whenever he desires and the wife isn’t comfortable with it hence advising him to get another wife. If the husband is not financially capable to marry two women. What can such a man do?

Shaykh: He'd observe patience. If he feels the urge to have sex five times, he will forbear three times; so as not to overburden his wife till her death. He had been living life before marriage and he didn’t die. This woman is unable to bear it, we have varying strengths and varying endurance levels. The woman is a good woman as she didn’t allow some effing jealousy destroy her. He should work hard so as to be able to finance more than one woman. Islam permits that he marries a second wife, if that’s not sufficient marry a third, if not sufficient marry a fourth one. He shouldn’t exceed four, so he won’t be humiliated.

Eight caller: We greet our Shaykh! Please I want to inquire about Jilsatul- Istiraahah if shaykh could expound upon it. Or what’s the methodology to employ because in our society we see some people do Jilsatul-Istiraahah and make takbeer and sit and won’t make any takbeer when proceeding to make qiyaam. While some would sit….

Anchor: (Interrupts) Understood, understood.

Shaykh: Whoever wants to understand Jilsatul-Istiraahah profoundly let them purchase the book we wrote on it. There’s a book that’s specially written on Jilsatul-Istiraaahah and the rulings pertaining to it. The ones you have asked or haven’t, you’d find them in it.

 But for the benefit of those who aren’t grounded in the Islamic knowledge. Jilsatul-Istiraahah is a sunnah of the Prophet (may Allah grant him commendation and protection). 

It’s reported in several narrations of ahadith including those of Maalik Ibn Huwayrith, Abu Humaid As-Saidi and Abu Hurayrah (may Allah be pleased with them) although that of Abu Hurayrah deserves some clarifications despite its collection in Bukhari. All explanations of the Prophet in the hadith of Abu Hurayrah rules it as obligatory and Jilsatul-Istiraahah isn’t obligatory. That’s why scholars remarked that its citation in that hadith needs some clarifications. Behold! It’s meaning is; when you complete the first rak’ah before you proceed to the second rak’ah you’d observe a brief sitting, when you complete the third rak’ah before you proceed to the fourth you’d observe a brief sitting. That’s called Jilsatul-Istiraahah; the sitting of repose. It’s the scholars that named it such, the Prophet didn’t call it that, the Shariah didn’t call it that however the scholars of the deen named it such. Because when we say it’s a sitting of repose, what have you done to require a repose?! You haven’t done anything! Isn’t it an act of worship you’re observing?! How can you be fatigued?! As regards the takbir that you’d make when you want to observe Jilsatul-Istiraahah; scholars have said that it’s when you lift your head from sujood, you’d say “Allahu Akbar” and when you’re about to stand you won’t say anything. That’s sunnah. 

Ninth caller: “Please sir about solaatu-tasbeeh, some people approve it and some don’t. But if one does it, is it a sin or not? Secondly, “On the day of Jumuah, if one goes to Jumuah and it’s raining cats and dogs. Could one combine it with Asr? 

Shaykh: Firstly, the books which we mentioned and the rest of our books can be found at Al-Madinah Centre, Ogbomosho or at every locality we have been for lectures for whoever needs them. 

What he asked about solaatu-tasbeeh. What’s most correct is that it isn’t permissible. It’s not permissible to observe solaatu-tasbeeh. It is an act of innovation! The scholars who mentioned that the hadith is authentic only considered the chain of transmission without considering its content. Hence what’s most correct is that It’s an act of Innovation. The scholars of Islam have remarked that the “Aimatu-Nadhaaibil-Arba’ah” don’t know about it. This means “Don’t do it!”. There are tons of supererogatory prayers in line with sunn ah. How many have you performed…from those that are authentic? You’re now sweating yourself on solaatu-tasbeeh that has a lot of reservations.

In the shariah, you don’t combine Jumuah with Asr! you don’t combine jumuah with Asr!! Solaatu-Dhuhr is what is combined with Asr. 

Someone came to the Prophet when he was delivering the khutbah on the day of jumuah and narrated to him how drought has caused the death of livestock and plants with families and relatives famished. He asked the Prophet to invoke Allah for them. The Prophet was yet to unmount from the pulpit before the clothes he wore became soaked due to rain. And this continued until the next jumuah. It was not reported that the Prophet combined Jumuah with Asr. Solaatu-Dhuhr is what is combined with Asr. If there’s a traveler that sojourns into a city and finds that Solaatu Jumuah is being observed. Note: Solaatu-Jumuah is not mandatory upon him. But if he observes it, it’s sufficient. It is not for him stand again to say the Iqaamah to observe Asr. There’s nothing like that! If he knows that he'd like to combine Asr with the current Solaat he should have observed Solaatu-Dhuhr and he didnt have to come to the masjid to observe that. 

Anchor: JazaakumuLloohu khoyron!

Tenth caller: Is it permissible for Muslims to watch football match?

Shaykh: There’s nothing wrong if a Muslim watches football matches given that it does not prevent him from worshipping Allah and does not cause him to imagine how they scored or not while he is on Solaat. It is also provided that the players cover their nakedness including their thighs as the thighs are a part of nakedness. It is also not allowed to gamble with those matches, monetary wise or not.

Eleventh caller: Please the congregation for Jumuah begins with what number?

Shaykh: What’s most correct is the statement of Imam Maalik that; Solaatu-Jumuah does not have a specific number of people that must assemble before it is observed. However, it must be representative of the population of that place. Indicating that it’s not three, four or five persons that’d assemble and say they are observing solaatu-Jumuah. When it’s not some shenanigans! 

Twelfth caller: Please sir, someone has a parent that tells him that when she dies, she should be buried at home but the child understands the religion enough to argue that if she dies she would be buried at the cemetery. So he was debating her. My question is “is it permissible for him to argue with his mother?”

Shaykh: All praise is due to Allah. We’re grateful to Allah as many people now have better understanding of the religion. May Allah not tarnish it. The child does not need to argue with the parent. Only Allah knows who will predecease who between the child and the mother. Allah has not decreed death according to age. The young could pass away while the aged remain alive, haven’t we seen children die before their parents while their parents have not died? The parents could also predecease the child. So an argument is not necessary, just give explanation thus; “what’s in the religion is that the dead should be buried in the cemetery” Whether the mother rebuts or not, don’t comment anymore. That’s enough. If that mother dies, you should carry her to the cemetery. A forewarning that can’t be opposed and must be heeded is a forewarning that doesn’t conflict the injunctions of Allah and the Prophet Muhammad (may Allah grant him commendation and protection). But if it conflicts that of Allah and his Prophet, the one who makes such forewarning has made it in vain. 

Thirteenth caller:“If one is praying Maghreb and it’s raining. Can one pray Ishaa”?

Shaykh: All praise is due to Allah. If it’s a congregation in the mosque and it’s raining cats and dogs and it is such that if you don’t pray Ishaa’ after Maghreb and people return home after Maghreb what is most likely is that the congregation won’t come to mosque during Ishaa’. We shall combine Maghreb and Ishaa’. Unlike a woman that’s resident at home, she would pray each solaat at its prescribed time. 

Fourteenth caller: “If one is praying qiyaamu-layl that’s two-unit each. Is it after every two units Duaaul-Istiftaah would be recited? 

Shaykh: All praise is due to Allah. It will be recited. The Prophet (may Allah grant him commendation and protection) said “the prayer of the night are in pairs… In the hadith of Alee Ibn Abi-Talib, the Prophet (may Allah grant him commendation and protection) said, “The key to the prayer is ablutions, the first takbeer prohibits all acts outside salaat and tasleem permits all acts outside salat” Solat has ended when we say “As-salaam’alaykum warahmotuLlooh … As-salaam’alaykum warahmotuLlooh”. Now that you proceed to say another “Allahu Akbar”, you have commenced another solat. Thus you would repeat the supplication. This is something we must do also in Solaatu-Taraweeh which we observe in Ramadan. Whenever the Imam stands for another two-unit, he would recite “Duaaul-Istiftaah” and say “Istiaadhah” and “Basmallah” before reciting “Faatihah”. So we must observe all of these. 

Anchor: It was asked that; “what is the main reason why people say “Karamollahu wajihah” when Alee Ibn Abi-Talib’s name is mentioned?”

Shaykh: You should ask those that say it! In the shariah, Alee (RodiyAlloohu ‘anhu) is like the other sohaabah and all of the sohaabah when mentioned we say “RodiyAlloohu ‘anhu”. Because when Allah comments about the companions he says, “Laqad rodiyAlloohu an-il-mu’mineen idh-yubaayi’oonaka tahta-shajarah…Certainly was Allah pleased with the believers when they pledge allegiance to you, (O Muhammad), under the tree” (Al-Fath: 18). 

All of them are (included in) “Laqad rodiyAlloohu an-il-mu’mineen”. In other verses too; “RodiyAlloohu ‘anhu warodoo ‘anh”. Therefore, as an Ahlus-Sunnah when anyone from amongst the sohaabah is mentioned, he says “Rodiyalloohu ‘anhu”. But the Shi’ah, they often say “Karramollahu wajihah”. Hence Ahlus-Sunnah don’t say such and you can’t hear such from Ahlus-Sunnah. Some authored books like Subul-Salaam of As-Son’aaniy and Nayl-ul-Awtar of Al-Shawkani, we would notice that when they mention Alee at times they would say “Alayhi-Salaam”. That “Alayhi-Salaam” is used for the Prophets. “Wasalaamun ala-l-mur’saleen walhamdulillahi robil’aalameen”. Hence for Ahlus-Sunnah we say such to the Prophets or we say “Alayhi solaatu wa-salaam” or “Solalloohu ‘alayhi wa-salam”. You can say “Solalloohu ‘alayhi wa-salam” for all the Prophets not only Prophet Muhammad (may Allah grant him commendation and protection) because when you say “Alayhi solaatu wa-salaam” that exactly is “Solalloohu ‘alayhi wa-salam”. 

Such scholars like As-Son’aaniy, Al-Shawkani et cetera are ahlus-sunnah but what transpired is that the city in which they resided and were citizens is Al-Yemen. That Yemen, the Shi’ah have lived there for a long time and you know if one resides in a place, the culture and traditions of the people could manifest in one. That is what affects them sometimes when they say Alee alayhi-salaam not that they are shi’ah. They are not shi’ah at all.

Anchor: JazaakumuLloohu khoyron shaykh!

Fifteenth caller: A woman gave birth to twins; two boys and she wants to know if she can buy two rams and two goats together?”

Shaykh: All praise is due to Allah. We beseech Allah to protect and preserve them and everyone upon whom Allah has bestowed such bounty. Those whom are expectant, may Allah grant their wives safe delivery.

Anchor: Allahuma Aameen!

Shaykh: It’s two rams that was prescribed by the Prophet to be slaughtered for a male child and should be two horned rams. If she can’t afford two rams, the she can kill ewes. if she can’t afford ewes, she can go for he-goats, if she can’t afford he-goats, she can go for she-goats. 

If she finds that which she can afford, let her proceed! May Allah accept it as an act of worship.

Anchor: Aameen!

Sixteenth caller: Please give my greetings to our doctor! May Allah preserve him upon Islam.

Anchor: Aameen

Caller: “Some people came to solicit a sister’s hand in marriage without the family knowing she is pregnant! As time went by the pregnancy became evident and, she finally gave birth to the child. After making the child, they now want to tie the knot.. Is it permissible for her to return to her father before tying the knot or they tie the knot at the husband’s place?”

Shaykh: Firstly, let’s fear Allah in our society. It enthuses people to engage in zinaa rather than getting married in the legislated manner. Islam does not permit that you undress a lady without her lawfulness with marriage. When to tie the knot, it must be after she has given birth. When it’s time to tie the knot, the lady’s father is the one to contract it. If the father agrees to go to the man that impregnated his daughter and give her in marriage over there! And if he says they must come over to him, they must go there. That’s it. 

Anchor: JazaakumuLloohu khoyron shaykh!