RADIO FIQHU FID-DEEN, EPISODE 151.

 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 RADIO FIQHU FID-DEEN, EPISODE 151.

VENUE: PARROT FM 101.1 OGBOMOSHO, TIME: 11:00 – 11:45AM, DATE: 27/05/2022.

TRANSLATED AND TRANSCRIBED BY ABU FAWZAAN ABDULBARR IBN ISMAIL ADEDOKUN.

Anchor: Firstly, we learnt that the Prophet (may Allah grant him commendation and protection) forbade us from talking or singing in the restroom. However, if we hear the name of the Prophet while using the restroom, can we send salutations upon the Prophet in this condition?

Secondly, I am a resident of Ibadan but work in Lagos from Monday to Friday. Can I pray qasr for all my solaat in Lagos?  

Thirdly, can one observe hajj with the main intention of beseeching Allah for some needs. Furthermore, how would a man with more than one wife decide who goes to hajj with him if he is able to afford for only one more person?

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. To proceed, As-salaam’alaykum warahmotuLloohi wabarokaatuH!

Anchor: Wa’alaykumu-salaam warahmotuLloohi wabarokaatuH

Shaykh: Concerning the one who heard the name of the Prophet (may Allah grant him commendation and protection) while using the restroom, if you were in a bathroom that doesn’t double as a toilet then you could say “SolAlloohu-alayhi was-salaam”. However, if you were in a restroom that serves both purposes, you’d postpone the utterance of “SolAlloohu-alayhi was-salaam” until you leave the restroom.

Concerning the questioner who resides in Ibadan but travels to Lagos for work from Monday to Friday i.e. five days and spends only two days in Ibadan. Do not shorten your solaat. You’re a resident over there just as you’re in Ibadan if you have a wife in Ibadan. However, if you have your wife in Lagos and you spend only two days in Ibadan, you would pray qasr whenever you’re in Ibadan. That is the injunction of Allah.

Concerning going for hajj with the sole intention of beseeching Allah. You have the answer already, you mentioned that your main intention is supplication. You can beseech Allah wherever you are, you don’t have to squander your money, supplications are not rejected anywhere especially if you aim at those periods when supplication is undoubtedly answered e.g. getting up in the last third of the night.

Hajj is performed with the intention of worshipping Allah i.e. observing one of the five pillars of Islam. This must be foremost intention. However, if you add the intention of supplication then there’s nothing wrong with that but your intention must be primarily observing hajj not making duaa’ because hajj can’t come after your supplication and remain as hajj but your supplication can follow hajj and remain as supplication. That is the injunction of Allah.

Concerning the one who intends to observe hajj with one of his wives. In the Shariah, if you have two wives, the rights of the new wife is same as that of the old wife and vice versa. Both have equal rights in your household, this is why Islam says, “If you have two wives and prefers one over the other (in fulfilling their rights), you would be resurrected on the last day lop-sided.” 

Since they have equal rights and you only have the capability to go with one of them for hajj, then they would draw lots. You would write “Makkah/Madinah” in a paper and “Patience/Wait at home” in another paper. Then you’d scramble it up for them to choose, whatever each comes out with is her fate. When it’s time for the next hajj they won’t have to draw lots again, the one who hasn’t gone is next except you now have a third wife.

Anchor: JazaakumuLloohu khoyron shaykh!    

First caller: How can a man with more than one wife share the nights amongst his wives? Secondly, If one goes to one of his wives to check on her and find her on her knees pleading for sex while it’s not her night. Could one respond to her?

Shaykh: All praise belongs to Allah. Sharing the nights amongst one’s wives involves giving each wife a night except for the case of a new wife who has never been married where you have to stay with her for the first seven nights then you’d commence giving each of them a night thereafter. Giving one night to each wife is the injunction of Allah, it must not become two or three nights or a week or more except with their approval. 

If it’s her night, you must not have sex with other wives except her on that day because having sex between a man and a woman consumes energy. It’s impossible to have sex with one of them and go to the one whose night it is and enjoy sex with her as you did with the first. Every one of them has their rights, don’t violate the rights of one because of another. 

Women have dangerous plots, from their plots is her kneeling before you pleading for sex. You could see her dissembling a pious lady, she would soon be seen flaunting herself before her co-wife bragging about how she’s arrogated her right. She’s not as wise as you and the one who isn’t as wise as one can never outwit one. Don’t assist her upon injustice. Give each wife her rights, she has the right to intimacy as long as that day hasn’t passed. Once that day passes, it’s become someone else’s turn. 

You’d find that your love for one is greater than the other but that must not preclude you from giving each one her rights. You must spend the night with whose night it is. NOTE: This doesn’t mean you must make love with her because that’s stimulated by the mind. If you desire to have sex with her or she requests for it on her day, then you’d make love with her. If neither of you desires it then you haven’t done any injustice. Likewise, if it’s the other wife’s night and you both had sex, you haven’t done any injustice. Allah says, “And you will never be able to be equal (in feeling) between wives, even if you should strive (to do so) …” (An-Nisaa’:129). But you must not give the night of one to another and have sex with her when it’s not her night. That’s called injustice in the injunction of Allah.

Second caller: In Ramadan we were prohibited from using the loudspeaker during the night prayer. I would like to inquire about the Islamic perspective on that. Secondly, what time does the last third of the night begin with respect to the weather now?

Shaykh: All praise belongs to Allah. Concerning the first question, it would require you to come with the question onsite rather than on air, not all matters can be discussed on the air.

To determine the last third of the night at this period, it’s between 2:30am until the emergence of dawn.

Third caller: My customary voluntary acts of worship like recitation of the Qur’an, praying during the night etc. have become difficult on me. I would like to seek doctor’s advice on how to revive these deeds. I presume it could be due to my change in location as I now reside in the north so I no longer feel acclimated to those deeds like I was in Ibadan.

Secondly, now that I’m far from my parents. What good deeds can I perform to delight them knowing that performing such acts is from the teachings of Islam? May Allah preserve you upon well-being.

Shaykh: All praise belongs to Allah. Firstly, reciting the Qur’an, qiyaamu-layl and other good deeds must be performed wherever a Muslim finds him/herself because death could come upon you anywhere, when death comes one must definitely leave. We must prepare ourselves before death because it comes suddenly. If it was easy observing the night prayer and reciting the Qur’an in Ibadan then it would be easier for you up north because what discourages one from worship is more abundant in the Yorubaland than in the north. You’d find that mosques are commonplace over there, Muslims are ubiquitous and almost everyone is reciting the Qur’an and observing the night prayer. Even the lazy ones are readily motivated to perform these acts. 

You must assess the company you keep over there. Perhaps you have heedless companions, those who engage in ill speech and obscene behaviors. Birds of a feather flock together, if they don’t get up at night, how would you? If they don’t recite the Qur’an, how would you? Perhaps they even listen to music and if you do too, those good deeds won’t be easy for you.

Concerning what good deeds to delight your parents with, there is a plethora of them. You should visit your parents regularly, provide them with sufficient sustenance, let them enjoy from your blessings, extend kind gestures to them, show kind behaviors towards them, give them from your money, speak good words to them, make supplications for them always. Our supplications for our parents dead or alive would reach them wherever we may be. 

Fourth caller: After the passing of someone, a word of prayer was said thus; “May our days (death) be far apart” upon which someone exclaimed that “I’m not ready for death yet”. Knowing that prayer changes everything, does this belief affect our death also?

Fifth caller: What is the Islamic ruling on women wearing heels?

Shaykh: All praise is due to Allah. The first question pertaining to death on the saying “May our days be far apart” this used to be the word of condolence offered (after the passing of someone). Now it’s changed to “May our years be far apart”. All these are from the fear of death i.e. when the days are far part it could be after fifteen days but when the years are far apart then it would be much later than that (laughs). In any case, success is not how long we live rather success is to worship Allah until death. Man’s aim is to live long and be ageless and be as old as the hills. All of these are customs of the heedless people, those who don’t worship Allah and trivialize the religion. They desire longevity to enjoy Amala and Ponmo etc. Is it just to live long eating?! May Allah assist us with righteous acts. 

The time of your death has been preordained, you won’t outlive or predecease it. The Prophet (may Allah grant him commendation and protection) once overheard one of his wives supplicating to Allah thus, “O Allah let me enjoy the Prophet for long” upon which the Prophet commented “What is this supplication, are you praying over the time of death that is inevitable?!”. Hence, we must focus on righteous deeds and practise Islam. If you practise and die upon Islam then you’d triumph.

Concerning women wearing high heels, it’s collected in an authentic narration that if a lady steps out wearing shoes that make sounds that attract the attention of men, such lady would be rewarded as though she committed unlawful sexual intercourse. 

We must be careful. All footwears that make sounds likewise when a lady wears perfume and leaves the house and attract men outside, she would be rewarded as though she committed unlawful sexual intercourse. We must be careful! How would you adorn yourself to receive the rewarded for a sin you didn’t commit. May Allah assist us. 

Sixth caller: As a Muslim, I keep my surroundings clean by sweeping everywhere including a tomb sited near my apartment. I have however been reprimanded for sweeping anywhere near the tomb. How can we settle this matter?

Shaykh: This matter is not only pertaining to your household. It cuts across all households in Yorubaland where people are buried in the courtyard. What the questioner is insinuating is that he’s reprimanded for sweeping near their ancestor’s tomb fearing that he could be making some charms by such action (Laughs). First and foremost, sweep your doorstep and follow their instruction, they have eased your task. There’s no problem with this. Don’t bury the dead in the courtyard anymore. Even those that have already been buried, you should exhume them to the cemetery if your faith is strong enough. That is the injunction of Allah.

Seventh caller: If one performs ablutions and proceeds to Jumuah then meets one’s uncle carrying a crate of beer. Is it permissible to assist him carry it while in a state of ablutions and does such action invalidate one’s ablutions?

Shaykh: All praise belongs to Allah. Whether or not you’re in a state of ablutions you must never assist him with it. You’re a Muslim, how could you claim to assist someone by carrying their beer?! You can’t share his task as you can’t share his offence. Don’t share in his offence by doing such action. You could assist him carry other things that’re permissible but beer, God forbid! The injunction of Allah is superior to that uncle. That’s it.

Eighth caller: My family persecutes me greatly over court wedding and registry before Nikah. How could I overcome this situation?

Shaykh: All praise belongs to Allah. This question is very important and it contributes to the difficulties confronting our youths, male and female alike in this era especially when they approach themselves for marriage. It commonly stems from the bride’s family where they are instructed to go for court registry before tying the knot in the name of preserving their child’s rights in marriage out of fear that the husband could divorce her or marry another wife after a short while. All of these are reasons why parents prod their children into court registry.

However, we have stipulated rules in Islam which must be adhered to. As long as the lady is a Muslim and the man is also a Muslim in compliance with the injunction of Allah that prohibits a Muslim lady from getting married to a non-Muslim. If the marriage has been contracted by the Islamic scholars in your locality, then that is superior to court registry. Let’s understand that a marriage contracted by Islam can’t be dissolved by any court. They could try dissolving it with a written document or a verdict but how would it take effect? It can never take effect because whatever is contracted by Allah can never be dissolved by anyone. 

Understand that whatever rights Allah grants you is what belongs to you but that which is bestowed upon you via human intellect can never be your right. Because the injunction of Allah says that no ruling could permit the prohibited acts and no ruling could prohibit the permissible acts. So we are not in need of such registry!!! You’d notice that those parents inciting people to registry didn’t go for court registry themselves, they got married according to the instructions of Allah and His Prophet. We know that performing actions in accordance with the injunctions of Allah and His prophet is what grants one safety. 

Get married to your husband and don’t go for court registry. The Islamic scholars who contract marriages could issue you certificate of marriage which would testify that you’re a couple wherever you may be. Sometimes, some couples who desire to travel abroad may fail to be recognised as one at the embassy if their certificate isn’t issued by a specific court. You should forfeit such trip if they insist on court registry, there are other trips you could embark on. Occasionally they’d inform you that if the organisation that conducted the marriage is well-recognized, you can proceed to their embassy and get the certificate attested and that would suffice. Life’s easy, why must we complicate things for ourselves? You’d observe that those wives that went through court registry many a time misbehave in their marriages knowing that their husbands can’t take any measures on them. That’s it.

Anchor: JazaakumuLloohu khoyron Shaykh! 

A questioner asks that “Can a husband accept the repentance of his wife who committed zina by forsaking her in bed for forty days or should he divorce her instantly in order not to become dayooth? 

In line with the above, could a wife also divorce her husband for committing zina or could she accept his repentance and continue with the marriage?

Shaykh: All praise belongs to Allah. First and foremost, it’s left to the husband’s discretion. You know the shariah is not observed in our society let alone implemented. Thus, if you caught her red-handed and she repented and reformed herself with firm resolve never to return to such act and you could attest to her repentance and agree to continue to live with her, then there’s nothing wrong with that. The Islamic scholars opine that if such lady repents sincerely and the husband finds her compunctious then he could continue with the marriage. 

However, she must observe Al-Istibraa’ which means observing her menses once after that act to confirm that her womb is not gravid due to the intercourse(ie she is not pregnant). Although this is disgusting and irritating!! What could have spurred you towards unlawful sexual intercourse when you’re married? This is so repulsive! We seek Allah’s refuge. Don’t you know that now that you’re married, you’re not lawful for sex with every Tom, Dick, and Harry. How could you do that?! What were you tempted with that you gave in to so easily. So, it’s left to the husband’s discretion, if he wants he could pardon her and if he decides to divorce her then he hasn’t transgressed because committing zina isn’t like stealing from the pot as that can be easily replaced. However, for zina, it’s the most hidden part of your wife that has been accessed by another man. We seek Allah’s refuge! It’s obscene and disgusting!! 

If a wife also found that her husband committed zina, same ruling applies to him. If she discovers that you did such then you have wronged her. Why couldn’t you marry another wife rather than engage in zina. She could also divorce him. She is your wife and she never disallows you from making love with her whenever you want. Why would you now engage in zina. Divorce him so he can learn his lessons.

Ninth caller: May Allah preserve our shaykh upon Islam. If one is in the mosque and gets a call from someone asking for the price of a good and one responds with the price. Does that translate to making a transaction in the mosque?

Tenth caller: I would like to ask doctor, may Allah preserve him upon good, about someone who is intended to be sponsored on hajj but objects by saying “I haven’t intended to observe hajj yet but instead hand me the money for my business” to which the sponsor declined. Which is more rewarding, to give him the money or sponsor him to hajj?

Shaykh: All praise is due to Allah. Concerning the businessman who received a call in the mosque, responding with the price of the goods in the mosque amounts to committing an offence before Allah. You should leave the mosque before replying the caller. If anyone hears him when he says the price, they should respond to him thus “You won’t make beneficial sales!” because either of these has occurred; selling or advertising in the mosque. Whoever observes the occurrence of these should make the supplication; “You won’t make beneficial sales”. Whether or not it’s a supplication is left for you to choose.

Concerning the one who is intended to be sponsored for hajj but refuses. First and foremost, the sponsor is well-meaning to you evidenced by his determination to assist you on this act of worship that’s only obligatory on you once in your lifetime. It’s certain that he intends to assist you perform this righteous deed and if you (the beneficiary) could observe the pilgrimage perfectly, your reward is the expiation of all of your sins. We hope the sponsor would receive similar reward as well because he who invites to good has the reward of the performer. 

However, if you’re insistent on having the money instead of going to hajj then you have shortchanged yourself. The sponsor should assist another person who is willing to perform hajj. If the money was given to you and you were provided with the options of observing hajj or fulfilling other needs with it then that is a different case. The Shariah states that if such money is given to you and you expend it on your business instead of going for hajj then you haven’t committed any sin due to the saying, “Being provided with money to make hajj does not make one capable of going for hajj”. Hence, if you divert the money into something else there is no sin upon you. However, in this case the sponsor intends to pay the bill himself but you insist on having the money instead. No, you won’t have it, his name should be supplanted with someone else that’s willing. 

You’d find that the rich often sponsor people to hajj to evade criticism because if they continue to extend other lesser kind gestures to you, you would still persist in ungratefulness. However, by sponsoring your pilgrimage, it manifests their immense generosity and your outright ingratitude. Hence, the affluent should also consider other acts of altruism like empowering people in such a way that they would be capable of observing hajj by themselves and feed their family as well, perhaps this might be a better option. To teach one how to fish is better than giving one fish. At any rate Allah says, “There is not upon the doers of good any cause (for blame) …” (At-Tawbah: 91). The one who is being sponsored should shun diffidence and accept to go for the hajj, may Allah accept it from you.  You’d have achieved one of the many feats you aspire to achieve in future by doing that thereby enabling you focus on other things. That’s it. 

Anchor: JazaakumuLloohu khoyron Shaykh.