654. Is Nikaah Over Phone Valid

By Asma Bint Shameem

Yes the scholars say that nikaah over the phone is valid. 

Someone asked Shaikh Ibn Baaz:

“I want to get married to a girl and her father is in another country; at present I cannot travel to meet him and do the marriage contract, for financial or other reasons. I am currently in a foreign country. Is it permissible for me to call her father so that he can say to me, “I give you my daughter So and so in marriage,” and I can say, “I accept.” The girl agrees to the marriage and there are two Muslim witnesses who can listen to what I say and what he says, via the speakers on the phone. 

Is this regarded as a legitimate marriage contract?”

He said:

“if what is described is true (and there is no tampering involved), then it fulfils the conditions of shar‘i marriage and the marriage contract is valid.”

However I would suggest doing the nikaah over a *video call*. 

This is permissible and everyone can see everyone. So there’s no chance of any tricks or confusions. 

And Allaah knows best

653. Working As A Lawyer

By Asma Bint Shameem

Working as a lawyer or attorney is not prohibited in and of itself. In fact it is the Islaamic thing to do to stand up for the oppressed and get people their rights. 

Even if a person lives in a non Muslim country which is not ruled by the laws of the Sharee’ah, it is still permissible to work as a lawyer if the *intention* is to attain rights of the people and prevent wrong. 

The wronged or oppressed person obviously *needs* to refer to these laws in order to attain his rights. 

So a lawyer can help such people out. 

Otherwise people would wrong one another with no consequences and the oppressed would have no voice or rights. 

Here’s what the scholars said:

Shaikh Ibn Baaz said:

“I do not know of anything wrong with working as a lawyer, because it is acting as a person’s representative in claims and defence, so long as the lawyer seeks to do what is right and does not deliberately tell lies, as applies to all cases of representing or acting on behalf of others.”

(Fataawa Islamiyyah 3/5050). 

And Shaykh Saalih al-Fawzaan said: 

“Undoubtedly there is nothing wrong with one person acting on behalf of another in cases of dispute, but it depends on the type of dispute: 

1. If the case is well founded and the representative is basing his case on facts that he knows, and there is no perjury, lying or trickery involved, and he is representing the person in order to present his proof and evidence as to the truth of his claim or to defend him, there is nothing wrong with that.

2. But if the dispute involves some false claim or speaking on behalf of someone who is in the wrong, then this is not permissible. 

Allaah said to His Prophet Sal Allaahu Alayhi wa Sallam:

“so be not a pleader for the treacherous” [al-Nisa’ 4:105]. 

We all know that if the case is a just one and he does not use any kind of lying or perjury, then there is nothing wrong with that, especially if the person is weak and cannot defend himself or establish his claim to what is his right. Appointing someone who is stronger than him to represent him is permitted in sharee’ah. 

Allaah says: 

“But if the debtor is of poor understanding, or weak, or is unable to dictate for himself, then let his guardian dictate in justice” [al-Baqarah 2:282]. 

Acting on behalf of a weak person in order to ensure that he gets what is rightfully his or to ward off wrongdoing from him is a good thing. 

But if it is other than that, i.e., helping a person who is in the wrong or defending wrongdoing or using false evidence, and the deputy or representative knows that the case is basically wrong, such as representing a person with regard to something haraam such as riba, then it is not permissible. 

It is not permissible for a Muslim to act as a deputy or representative with regard to falsehood or to act as a lawyer in transactions that involve riba, because then he is helping in the consumption of riba and so the curse applies to him.”

(Al-Muntaqa min Fataawa al-Fawzaan 3/288, 289). 

And Allaah knows best.

652. Is It True That Women Are Not Supposed To Wear Perfume When Going Out Of Their Home?

By Asma bint Shameem 

It’s not allowed for a Muslim woman to wear perfume while she’s outside or in a place where other nonmahram men can smell her. 

There are many ahaadeeth warning about that. 

For example:

The Prophet sal Allaahu Alayhi wa sallam said: 

“ *Any woman who puts on perfume then passes by people so that they can smell her fragrance, is an adulteress*.” 

(Ahmad and al-Nasaa’i — hasan by al-Albaani)

The Prophet sal Allaahu Alayhi wa sallam also said:

“If any one of you (women) goes out to the masjid, let her not *touch any perfume*.” (Muslim)

One time a woman passed by Abu Hurayrah radhi Allaahu anhu and her scent was overpowering. 

He said, 

“O female servant of the Almighty, are you going to the masjid?” 

She said, 

“Yes,” 

He said, 

“And have you put on perfume because of that?” 

She said, 

Yes.” 

He said, 

“ *Go back and wash yourself*, for I heard the Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam say: ‘ *If a woman comes out to the masjid and her fragrance is overpowering*, *Allaah will not accept any prayer from her until she goes home and washes herself*.’” (Abu Dawood, Ibn Maajah- Hasan by al-Albaani)

And the Prophet sal Allaahu Alayhi wa sallam said: 

“ *Any woman who has scented herself with bakhoor (incense), let her not attend ‘Ishaa’ prayers with us*.” (Muslim)

*Why is it prohibited*

Women shouldn’t wear perfume and go to the masjid or any public place where there’s exposure to non-mahram men because it’s a very strong form of attraction and goes against the conditions of hijaab. 

*BUT* if the fragrance is very LIGHT and no one can really smell you, or you’re amongst women only or there aren't any non-mahrams around, then there’s nothing wrong with wearing perfume. 

In fact, the Sahaabiyaat used to wear perfume when they thought that most likely they would not be among men or or be smelt by them. 

The Prophet sal Allaahu Alayhi wa sallam knew that yet he did not stop them from using it.

Our mother Aa’ishah Radhi Allaahu anhaa said: 

“We used to go out with the Prophet Sal Allaahu Alayhi wa Sallam to Makkah, and we would apply perfume to our foreheads when entering ihraam, then if one of us sweated it would run down her face, and the Prophet Sal Allaahu Alayhi wa Sallam would see it but he would not rebuke her.” (Abu Dawood 1830; saheeh by al-Albaani in Saheeh Abi Dawood)

Keep in mind that at that time, women would be completely separate and their caravan would be far from the men. 

They would be in the “howdah” while traveling and did not mix with the men or pass by the places where they were.

Shaykh ibn Baaz said:

“It is permissible for her to apply perfume if she is going out to a place of women and is not going to pass by men in the street.”

(Majmoo’ al-Fataawa 10/40)

It is *highly recommended* that women should wear perfume for their *husbands*. 

That’s part of beautifying yourself for him, which is something good. 

So DO wear perfume at home when no nonmahrams are around. 

Al-Manaawi said: 

“As for putting on perfume and adorning oneself for one’s husband, it is required and recommended. 

Some of the scholars said: 

The wife’s adorning herself and putting on perfume for her husband are among the strongest causes of love and harmony between them and keeps dislike and resentment at bay, because the eye is the way to the heart, so if the eye sees something and likes it, it goes straight to the heart and thus love is generated. 

If it looks at something ugly or something that it does not like of clothing or garments, it will go to the heart and thus resentment and hatred will be generated. 

Hence the Arab women used to advise one another: 

Beware of letting your husband see you in a way that he does not like  or smell something from you that he finds off-putting.”

(Fayd al-Qadeer, 3/190)

*So what to do if you live in a city where it’s very hot and you get really sweaty easily?*

-Shower every day 

-make sure your underarms are shaved and clean. 

-make sure to apply  deodorant/antiperspirant every day after showering. 

-make sure to wear freshly washed, clean clothes 

-make sure your Abaayah is also clean. 

-do not wear the same old clothes/Abaayah that you wore yesterday. 

You will NOT smell bad. Guaranteed. 

And Allaah knows best

651. What NOT To Do On Fridays

By Asma bint Shameem 

1. Do not SPECIFICALLY pick the night of Friday (the night between Thursday and Friday) for Qiyaam and special ibaadaat.

Why not?

Because the Prophet sal Allaahu Alayhi wa sallam said:

“Do not single out the night of Jumu’ah [i.e., Thursday night] from among other nights for praying qiyaam al-layl...”(Muslim)

2. Do not fast on Friday by itself. 

Why not?

Because he Prophet sal Allaahu Alayhi wa sallam said:

“...do not single out Friday from among other days for fasting, unless it is a fast that one of you regularly observes.” (Muslim)

You may fast on Fridays if you add a day to it either before or after. 

3.  Do not come to masjid with bad smells such as onion, garlic, smoke, sweat, etc. 

Why not?

Because the Prophet sal Allaahu Alayhi wa sallam said:

“Whoever eats garlic or onions, let him keep away from us, or keep away from our masjid and stay in his house.” (al-Bukhaari, Muslim)

And he said:

“Whoever eats onions, garlic or leeks, let him not approach our masjid, for the angels are annoyed by the same things that annoy the sons of Adam.” (Muslim)

Rather, it’s recommended to bathe and put on nice, clean clothes so that we don’t bother anyone with our smells and odors. 

Also it’s recommended to put on perfume if you’re a man. 

The Prophet sal Allaahu Alayhi wa sallam said:

“It is the duty of every Muslim to do ghusl on Friday, and to use the siwaak and put on perfume (men only), if his family has any.” (Ahmad- saheeh by  Shu’ayb al-Arna’oot)

4. Do not step over people to get to a particular spot.

Why not?

Because once a man came and started stepping over the people one Friday when the Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam was delivering the khutbah, and the Prophet Sal Allaahu Alaiyhi wa Sallam said to him: 

“Sit down, for you have annoyed (people).” (Abu Dawood-saheeh by al-Albaani)

5. Do not disturb the Saff (row) and do not force yourself in between two people. 

Why not?

Because the Prophet sal Allaahu Alayhi wa sallam said:

"If a man takes a bath on Friday, purifies himself thoroughly wears any perfume which is available in the house, sets forth for the masjid, *does not (forcibly) sit between two persons*, offers the prayer that is prescribed for him and listens to the Imaam silently, his sins between this Friday and the previous Friday will be forgiven.''(al-Bukhaari).

And he said:

“It is not lawful for a man to sit between two people unless he has their permission.” (Abu Dawud- saheeh by Ahmad Shakir)

6. Do not make people move to sit in their place instead. 

Why not?

Because the Prophet Sal Allaahu Alaiyhi wa Sallam said: 

"Let no one move his brother on the day of Jumu'ah and sit in his place, instead he should say: 'make space.'"(Muslim)

And:

“Do not ask someone to give up his seat to another, but rather make it easy and provide accommodation.” (Muslim)

7.  Do not put on any fragrance when coming to the Masjid, if you’re a woman. 

Why not?

 Because the Prophet sal Allaahu Alayhi wa sallam said to the female companions:

 “If one of you attends the masjid, let her not put on perfume.” (Muslim)

And he said:

“Any woman who puts on perfume and passes by people so that they can smell her fragrance is a zaaniyah (adulteress!).”

(Ahmad and al-Nasaa’i -hasan by al-Albaani)

8. Do not dress inappropriately (especially) when coming to the masjid if you’re a woman. 

Why not?

Because Allaah says:

“And tell the believing women...not to show off their adornment except only that which is apparent, and to draw their veils all over themselves…” (Surah al-Noor :31)

So cover your hair and body properly before you come to the masjid, wearing simple, clean clothes. 

Do not be dressed with makeup, jewelry and fancy attire. 

Our Mother Aaishah radhi Allaahu anhaa said:

“If the Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam could see what women have introduced after he died, he would have forbidden them to go to the masjids, as the women of the Children of Israel were forbidden” (referring to beautiful clothing, perfume and adornment).”

If she said that about the women of HER time, what would she say if she saw the women of OUR time!!

9. Do not say “Jumu’ah Mubarak” or Congratulations for Friday 

Why not?

Because the Prophet sal Allaahu Alayhi wa sallam and the Sahaabah did not congratulate each other on Fridays. 

They NEVER said “Jumu’ah Mubaarak” to each other nor did they think it was right to do so. 

Shaikh al-Fawzaan said:

"The early generation did not congratulate one another on Fridays, so we should not introduce anything that they did not do" 

(Ajwabat As’ilah Majallat al-Da‘wah al-Islamiyyah)

Sheikh Abdul Muhsin Al Abbaad was asked:

“Based on the premise that Friday is a (Eid) holiday, is it permissible to greet each other saying, Ju’muaah Mubaarak or Ju’muaah Accepted?

The Shaikh said:

“By Allaah, we don’t know of anything that proves the validity of this.”

And Allaah knows best.

650. Salaat Al-Janaazah

By Asma bint Shameem 

Salaat al-Janazah is the funeral prayer that is read when a Muslim passes away. 

Praying Salaat al-Janazah is a *fardh kifaayah*. 

That means that if a few in the community pray it, then the rest of the community is absolved of it’s obligation. 

But if no one does it, then the whole community is sinful. 

It is the deceased person’s *right* as a Muslim that we pray this Salaat over him, even if had committed major sins. 

And this is a source of *great reward* for the one who reads it. 

The Prophet Sal Allaahu Alaiyhi wa Sallam said:

"Whoever attends a funeral until he offers the (funeral) prayer will have one qiraat (of reward) and whoever attends until the burial is done will have two qiraats." 

It was said: "What are the two qiraats?" 

He said: "Like two great mountains." (al-Bukhaari, Muslim)

*How to read Salaat al-Janazah*

Salaat al-Janazah is read *quietly* and has four takbeeraat. 

There are no rukoo or sujood and when the Imaam leads the people, the men stand in front of the women in rows just like in the regular Salaah. 

*Step by Step*

1. Raise your hands and say Allaahu Akbar 

2. Seek refuge with Allaah from the Shaytaan:

Aa’oodhu billaahi min ash-Shaytaan-nir-rajeem. 

3. Say the Basmalah:

Bismillaahir-Rahmaanir-Raheem

4. Read Surah al-Faatihah. 

You HAVE to read Surah al Faatihah. If you don’t, your Salaah is not complete. 

5. Raise your hands and say Allaahu Akbar 

6. Send blessings and salutations on the Prophet sal Allaahu Alayhi wa sallam like we do in Salaah at the end of Tashahhud:

Allaahumma sali alaa Muhammad.... all the way to the end. 

(Durood Ibraheem)

7. Raise your hands and say Allaahu Akbar 

8. Make duaa for the deceased. 

It’s best to make duaa in Arabic. 

But if you don’t know it, you can say ANY duaa in ANY language. 

You can even READ the duaa on your phone or from a book. 

9. Raise your hands and say Allaahu Akbar

10. Pause briefly then turn  

to the *right only* and say Assalaamu Alaikum wa Rahmatullaah. 

That’s it.  You’re done. 

Some Important points 

*Do I HAVE to Surah al-Faatihah*?

Yes. 

In order for the prayer to be valid, you *must* recite al-Faatihah. 

The Prophet Sal Allaahu Alaiyhi wa Sallam said: 

“There is no prayer for the one who does not recite the Opening of the Book (meaning Surah al-Faatihah).” (al-Bukhaari, Muslim)

Sheikh ibn Baaz said:

“It is obligatory, as the Prophet Sal Allaahu Alaiyhi wa Sallam said: “Pray as you have seen me praying.” 

And he Sal Allaahu Alaiyhi wa Sallam said:  

“There is no prayer for the one who does not recite the Opening of the Book.” (al-Bukhaari, Muslim)

(Majmoo’ Fataawa al-Shaykh Ibn Baaz, 13/143)

What about reading the opening duaa (sana)?

It is better not to recite Duaa al-Istiftaah (opening duaa or sana) in the Janaazah prayer according to the majority of the scholars, as there’s no report of the Prophet Sal Allaahu Alaiyhi wa Sallam reading it in the Janaazah prayer. 

But if someone recites it, it is permissible. 

Shaykh Ibn ‘Uthaymeen said: 

“The scholars stated that it is not recommended, and they gave the reason for that as being that the funeral prayer is supposed to be kept short, so the opening du’aa’ should not be recited.“

(Majmoo’ Fataawa Ibn ‘Uthaymeen 17/119). 

Shaikh ibn Baaz said:

“As for the opening du’aa’, there is nothing wrong with reciting it and there is nothing wrong with omitting it, but *omitting it is preferable*, following the words of the Prophet Sal Allaahu Alaiyhi wa Sallam : “Hasten with the funeral.”

(Majmoo’ Fataawa Ibn Baaz 13/141). 

*Can women pray it too*?

Yes. 

Salaat al-Janazah is to be read by men AND women. 

The Prophet sal Allaahu Alayhi wa sallam said:

" *WHOEVER* attends a funeral until he offers the (funeral) prayer will have one qiraat (of reward)...:”, 

He did NOT say “MEN ONLY”. 

If this prayer was for men only, he would have specified it. 

Some ulama are of the opinion that we should raise the hands in the first takbeer only and we don’t have to raise our hands for the other  three takbeeraat. 

So if someone does not raise their hands in the subsequent takbeeraat, their salaah is still valid. 

If the Imaam you’re following makes two salaams, meaning to the right and the left, instead of just to the right, then remember it’s important to *follow the Imaam*. 

And Allaah knows best.