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).
EXCERPTS FROM MANAARU-SABEEL PROGRAM, EPISODE 45.
VENUE: OGO-ILU FM 89.3 OKO, TIME: 11:00 – 11:45AM, DATE: 16/05/2022.
TRANSLATED AND TRANSCRIBED BY ABU FAWZAAN ABDULBARR IBN ISMAIL ADEDOKUN.
Anchor: “I am a security officer and I have just been promoted and provided with a gadget that alerts me of any imminent danger. What should I do if this alarm goes off while I’m on solat?”
Shaykh: All praise belongs 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. To proceed, As-salaam’alaykum warahmotuLloohi wabarokaatuH!
Anchor: Wa’alaykumu-salaam warahmotuLloohi wabarokaatuH
Shaykh: If you’re on duty while this alarm goes off and there isn’t any other person to attend to it. You can leave your solat and attend to it then repeat the solat thereafter.
First caller: “If one’s husband passes away and there isn’t anybody to assist one financially. What could be done in such situation?”
Shaykh: Firstly, Allah’s injunction on anyone whose husband dies, whether a Muslim woman or a Christian or Jewish woman married to a Muslim man, is to wait four months and ten days which must neither be defaulted nor flouted. Her inability to procure financial needs does not preclude her from observing this. However, if there’s some alternative business/job she could venture in to assist with her daily needs. She could do that and return home immediately afterwards. But carrying on with your regular job and wearing a black garment to be identified as a widow at work is impermissible in Islam.
Most workplaces permit widows to stay off work and observe their waiting period according to their religion while they receive salaries and are assured job security until resumption even if they have to perform extra duties after resumption.
Anchor: “My friend’s husband who tried to marry a second wife got into trouble with his wife which led him to divorce her three times. He thereafter banned her from observing ‘Iddah in his house and instructed her to leave their suckling infant behind. Does this conform with the Islamic teachings?”
Second caller: “I have a wife who is guilty of all offences that could cause divorce but I didn’t want to divorce her. Recently, she has started inciting and requesting divorce. How many times could a man pronounce the divorce statement to completely forbid him from remarrying his wife?”
Shaykh: All praises is due to Allah. For one who has divorced his wife three times and banned her from observing ‘Iddah at his place. Even in the injunctions of Allah, when a woman is divorced the third time, she doesn’t have to observe ‘Iddah at her husband’s place. Because the injunctions of Allah rules that when a woman is divorced three times, the husband is no more obligated to spend on her, neither is it obligatory for him to provide shelter for her to observe ‘Iddah. Therefore, the onus is on her to seek means to observe her ‘Iddah because what is anticipated during ‘Iddah is the revocation of divorce and this is impossible in her case due to being divorced three times as men are only permitted to divorce their wives three times. Thus, she doesn’t have to wait for ‘Iddah in his house.
The woman whose provision is obligatory upon her husband after the third divorce is the one who is pregnant. This provision isn’t directly for her but for the developing fetus who is also the husband’s child. Likewise, his expenditures aren’t for her but for the developing fetus to be born alive and healthy.
It was mentioned that she has a suckling infant alongside other three siblings and the husband is determined to keep them all. Does this conform with the Islamic teachings?
Allah’s injunction does not permit that the husband keeps a child that’s not grown enough to be nursed by the father. The shariah is not designed to contribute to child mortality. The child who is still suckling can’t be nursed by the father and especially if there is no wet nurse to tend him. How could you persecute a mother with her child while it’s still an infant. Let the children be with their mother while they are young, when they are much older you’d strive to have them back. Behold! Many people act callously and unintelligently; how would you tend a suckling infant when things go wrong?
Such was the behaviour of a man towards his wife. He eloped with the children after having divorced his wife three times. Amongst the children he absconded with was the last born who was still suckling. He was instructed to appear with the children and it was pathetic to find out that the suckling baby had become jaundiced and very ill within that period and was then moribund out of deprivation. Why kill his own child out of aversion for the mother. If she’s miserable and unfortunate as he claimed, why did he make love with her and have babies with her? How could he forbid her from nursing her child now?! Let’s inculcate the fear of Allah in our affairs!!
Perhaps your existence is because your father didn’t wean you from your mother in such manner. You could have died if he did such to you at that infantile stage! Fear Allah!
Concerning the one who complained that his wife is guilty of all offences that could cause divorce… You haven’t expatiated on those offences because some offences if committed by your wife has a stipulated ruling in the shariah. You can’t keep enduring the offences. You claim your wife has been inciting you for divorce. In the shariah, the Prophet (may Allah grant him commendation and protection) says “Any woman that urges her husband for divorce without any genuine reason won’t perceive the fragrance of paradise”. It’s very risky!! Let’s fear Allah, all married women must always beseech Allah for protection against divorce instead of invoking for its occurrence. In the injunction of Allah, when you divorce her once and she completes her menses three times without revoking the divorce, she’s become unmarriageable to you. She can proceed to marry another husband. If you revoke the divorce before she completes her third menses, she becomes your wife again. However, the pronouncement of divorce left thereafter is two. If you divorce her the second time and revoke the divorce, then the pronouncement of divorce left is one. If you finally divorce her the third time, she has now become a stranger to you, a total stranger whom you must never ever remarry again unless if such woman marries another man and they both live together for long and divorce, then if you wish to marry her you could.
If divorced once and she completes her menses three times, she’s not become (totally) unlawful for you to remarry but you must propose marriage to her anew with a fresh “Sodaaq” and her father must contract the marriage afresh and nevertheless the divorce pronouncement left is two. Likewise, after the second divorce if you don’t take her back before her third menses, she’s not completely prohibited for you to remarry but the divorce pronouncement left is now one and so on. If the divorce is now three, she becomes unmarriageable for you until she marries another man and gets divorced after a long time together. NOTE: She mustn’t be (deliberately) divorced for you to remarry. You could see that the process she’d go through is quite disgusting; who would like his wife to make love with another man before being able to remarry her?! Na’am
Third caller: “Please if a woman loses her husband and the people wish to conduct a prayer session for him. We have heard that making pancake during such prayer contributes to shirk. What about frying bean cake?”
Shaykh: (laughs)…All of these are from acts of innovation. Many people have little understanding of the religion evidenced by the (Fidau) prayer made for the deceased on the third day, eighth day, fortieth day and that done annually. All of these are acts of innovation! The deceased won’t have an ounce of benefit from it. Islam preaches against innovation. You should give in charity on behalf of the deceased whatever you desire of things that are precious to you. You must neither designate time nor day for charity. You should give alms from your precious belongings and beseech Allah to grant the deceased its reward. You don’t have to prepare some pancakes or bean cakes or invite some people for supplication. All of these are acts of innovation and not from the sunnah of the Prophet (may Allah grant him commendation and protection). They are mere cultures and traditions of the people not Islamically permissible acts from the Qur’an and sunnah of the Prophet (may Allah grant him commendation and protection). Those whom you invite for prayer sessions are also people of innovation. That’s it.
Anchor: JazaakumuLloohu khoyron
Fourth caller: “In addition to the question on divorcing one's wife that was asked earlier: it's not the wife that was asking for divorce. However among her offences was that she was raped during a robbery attempt, she destroyed her husband's property(generator) during a disagreement and she was also caught with some charms.
Shaykh: Since she did not engage in zina willingly, you continue to live amicably with her following her menses. As for the domestic vices, you exercise patience with her. For the charms she was caught with, that is a form of shirk. So you should do naseehah for her. If she promises not to engage in it again, then there is no problem.
Fifth caller: If a married man engages in extramarital affair and it leads to a pregnancy and the wife opposes the act…(inaudible). If the extramarital affairs is truncated, would he still be guilty of the sin?
Shaykh: All praise belongs to Allah. You should rather say you committed zina with your concubine. By committing zina with your concubine you have committed an atrocity in the shariah. Hence, fear Allah! You mentioned that your wife doesn’t approve it, she’s a righteous wife! Otherwise she would have permitted you to gather concubines and many a man acts in such manner in the society by having children with their concubines. You have a wife that doesn’t approve your persistence in destructive behaviour; this means you have a righteous wife.
Furthermore, the sin lingers until the day of resurrection even though the relationship was truncated. Listen to this attentively perpetrators of zina! Anyone who undresses a lady without her lawfulness with marriage; it’s called zina. Whoever does that and goes unpunished in this world as a Muslim would be treated as Allah wishes on the day of resurrection. If He wills He would grant you pardon and if He wills He would chastise you i.e You have no assurance of going unpunished regardless of how repentant you were in this world. You would be treated as Allah desires, if He wishes to pardon you then there’s no questioner of His actions and if He wishes to chastise you, there’s none to query Him. You must be fearful and refrain from those acts that could plunge you into perdition. Its punishment must be received in this world, if not you’d be dealt with as Allah wills.
Islam permits a man to marry two wives or three or seal it at four. What could then goad you towards zina? Allah says, “And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and evil as a way” (Al-Israa: 32). Please let’s abstain from immorality, let’s abstain from an evil way. Honestly, what invites to zina has become legion in our society. Women are parading the streets naked, seducing people to immorality. Nevertheless, lower your gaze and inculcate piety in your affairs, remember that whatsoever you commit in secret is open to Allah and that which you commit overtly is all-glaring to Allah. Remember that Allah would establish reckoning and judgment of our deeds on the day of resurrection. We must fear Him. If we don’t commit zina and leave this world not committing adultery, we’d still be oblivious of our fate before Allah let alone exacerbating evil with atrocity. Do we prepare ourselves for salvation or damnation? May Allah not ruin our affairs. Na’am
Sixth caller: “Firstly, where do we stop our recitation in the first sitting of at-tashaahud? Secondly, is it permissible to perform ablution by wiping our body once and was it done by the Prophet?”
Shaykh: All praise belongs to Allah. When one is reciting at-tashaahud in a solat with two sittings of at-tashaahud. The first tashaahud would be ended on “Ash-hadu anlaaillaaha illa Allah wa-ash’hadu anna muhammadan abduhu warasooluhu” then you proceed to the third rak’ah. In a hadith reported by Abu-Bakr with a diverse scholarly opinion on its authenticity but it’s preponderantly acted upon. It’s reported that when the Prophet (may Allah grant him commendation and protection) sits for the first tashaahud, he sits as if on a flaming stone. This means the first tashaahud is usually shorter and not as long as the second.
Regarding the permissibility of wiping our body once in ablutions. Yes! It was done by the prophet likewise wiping the body twice and wiping three times. He (may Allah grant him commendation and protection) stated thus concerning wiping thrice “This is my ablutions and the ablutions of the Prophets that preceded me”. We are encouraged to wipe our body three times but you could wipe once provided that you’d be conscious of wiping all the prescribed parts if not the ablutions is invalid. Hence, when Imam Malik was inquired regarding wiping once during ablutions he said “I don’t love it performed by anyone ignorant of the Shariah” because it is such erudite persons that would meticulously wipe all the prescribed areas and avoid deficiencies in their ablutions. So, wipe three times so you don’t fall short in some parts by wiping once thereby invalidating your ablutions. If your ablutions is invalid then your Solat is equally invalid.
Seventh caller: “Firstly, Should the Jamaa’atu-tableegh be declined admittance when they peregrinate into our mosque? Secondly, Can I reside in my father’s house which is built with money procured from trading alcohol and can I inherit such house?”
Shaykh: All praise belongs to Allah. The people of innovation such as the Tableegh, when they go on their innovated peregrination into your mosque, don’t permit them! The mosques are not built for propagating innovations or feeding people with falsehood. The mosque is for performing acts of worship for Allah, remembering Allah and teaching the unadulterated, pristine Islamic knowledge. Don’t allow the people of innovation propagate innovation in a mosque within your authority.
Concerning the house built from money procured from sources that are unlawful like trading alcohol. If you are a young child who can’t discern halaal from haraam, Allah won’t censure you for feeding from such money but it has a tremendous influence on your supplication at maturity. Because one of the four reasons supplications get rejected is being nurtured with haraam sustenance…
The narration of the Prophet regarding the man who constantly supplicated saying “Yaa Rabb, Yaa Rabb” reveals that his sustenance was haraam, his clothing was haraam and he was nurtured with haraam. Thus, it’s risky for parents to feed their children with haraam sustenance. However, there’s nothing wrong if you take from this provision until you’re financially independent and mature to discern halaal from haraam. Upon attaining maturity, you must admonish your father to engage in a different occupation. If he refuses then, you must stop receiving such money and express your disapproval towards such act. When he dies, you can inherit such money because of your disapproval of it. If your countenance did not condemn such behaviour however, and permitted it, you won’t inherit him when he passes away.
Eight caller: “I have a sister that’s offered a non-funded scholarship to study abroad in a country that could be deleterious to her faith. Could she proceed to accept the admission?”
Shaykh: We must first investigate the piety of such person, how beneficial is studying such course to Islam and could it be studied in a more advantageous country. Most people are only concerned about flying overseas without considering the influence of their decision on their religion. You must consider this especially if the person involved is a female. The tuition for studying in some countries abroad would suffice ten people or more to acquire their undergraduate degree and even Masters and PhD here in Nigeria. Why must we squander such amount and still forfeit our child? It’s precarious! You might even lose your religion. Thus, you must not partake in soliciting assistance to aid her travel and study abroad if you can’t fulfill all of these so you won’t contribute to assisting her upon transgression and apostasy.
We have witnessed some people fly abroad and eventually change their names preventing people from identifying them as Muslims. We aren’t portending this as her outcome but it is a misadventure that has befallen some people in the past. You would find such courses in other less pernicious countries. Beware! We have our religion to guard, we aren’t disbelievers and our religion is our most precious possession. We would never trade it for this trivial world that would forsake us when we pass on.
Anchor: “My friend caresses a lady that’s not his wife and kisses her and claims he’s not guilty of zina that it’s mere fondling. What is the Islamic ruling on his action?
Shaykh: As long as the two genitalia haven’t penetrated each other, he hasn’t committed zina. However, he’s a debauched individual, a nefarious one! Why would you caress or kiss a lady that’s not your wife? Could your daughter be treated in such manner or your wife or your mother by a man that’s not lawful for them?! You are an immoral individual, if the condition were more palatable you’d ultimately commit zina. Let’s fear Allah.
Ninth caller: “If a parent passed away and incurred the debt of some days in Ramadan. Can the child pay back those days on his/her behalf? Secondly, please help expound on POS transaction. Would it be categorized as usury or business?
Shaykh: All praise is due to Allah. If any of our parents dies with some missed fast that’s not due to senescence, If it’s due to senescence you’d feed the poor on their behalf but if it they had the virility to fast but missed it due to other reasons, their children would fast those days on their behalf. There’s nothing wrong in sharing those missed days amongst the children to pay them back. May Allah accept it! This is from being good children. If no child survived them then we’d have implored non relatives to fast these days on their behalf.
POS can’t be operated without being a bank agent and you’re aware that from the things that prohibit bank transactions is interest. Thus, you can’t operate POS without committing usury because that is the modus operandi of your principal. What’s ruled regarding the principal is ruled regarding the subsets.
Anchor: “My husband has a companion in a different city with whom he shares a workplace at a distant city where he shuttles every day. His friend implored him to convey his wife home in his vehicle. Is it permissible for him to transport his friend’s wife in his vehicle?”
Shaykh: It’s not permissible because anything could happen when you transport someone else’s wife in your vehicle. If you don’t caress her you’d steal glances at her. All of these evils could ensue. It’s better if there were a third person on the ride so it won’t be you two alone and she must not sit beside you as well. If you could observe these then we are inclined to ruling that it’s permissible. But transporting her alone with you in the same vehicle. Don’t let that happen.
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