680. Is It Permissible To Give Charity To Non Muslims?

By Asma Bint Shameem

It is permissible to give non-Muslims from your “voluntary” charity if you like. 

Shaikh Ibn Uthaymeen said: 

“Yes, it is permissible to give charity to non-Muslims in order to soften their hearts towards Islaam, with the hope that they will become Muslim, whether it is zakaah or voluntary charity. 

With regard to other purposes, it is permissible to give them voluntary charity but it is not permissible to give them zakaah, because Allaah says:

“Allaah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allaah loves those who deal with equity” [al-Mumtahanah 60:8]”

(al-Ijaabaat alaa as’alatul jaaliyaat 1/24,25)

So although it is permissible to give *sadaqah* to anyone even non Muslims, I would recommend giving it to some poor *Muslims* instead. 

That’s because there are plenty of  resources for the non Muslims like their churches and other non Muslims. 

But for the poor Muslims, there’s no one but us to help them. 

Besides, the Muslims have more Haqq on our money because of the bonds of Islaamic brotherhood. 

And Allaah knows best

679. You Cannot Throw The Word Divorce

 By Ama Bint Shameem

You cannot throw around the word “divorce”. 

You must take it seriously. 

It is so serious that words of divorce count even if a person is joking about it. 

The Prophet Sal Allaahu Alaiyhi wa Sallam said: 

“There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife).” (Abu Daawood 2194, at-Tirmidhi 1184, and Ibn Maajah 2039; hasan by al-Albaani in Irwaa’ al-Ghaleel 1826).

Ibn Taymiyah said: 

“With regard to a divorce issued in jest, it counts as such according to the majority of scholars. Similarly, a nikaah (marriage contract) done in jest is also valid, on the basis of a marfoo‘ hadeeth. 

This is what is narrated from the Sahaabah and Taabi‘een, and it is the view of the majority.”

(al-Fataawa al-Fiqhiyyah al-Kubra 6/63)

But sometimes a person does not know the ruling and is *ignorant* of the seriousness of it. 

Or the person may be saying the words to scare or threaten the wife or using the words in ambiguous way etc. 

So though this should not be condoned in any way, but the intention must be looked at and each case should be considered individually. 

2. And yes it’s true that any woman who wants to get married must have a wali, according to the *majority* of the scholars. 

And that’s the *correct* opinion. 

The Prophet Sal Allaahu Alaiyhi wa Sallam  said: 

“There is no marriage without a guardian (wali).” (at-Tirmidhi saheeh by al-Albaani) 

And he Sal Allaahu Alaiyhi wa Sallam said:

“There is no marriage except with a wali and two witnesses of good character.” (al-Bayhaqi- saheeh by al-Albaani)

However if someone did not know that or they married following the opinion of a scholar that allows for a woman to marry without a wali, believing that this is valid, then we cannot say that they are committing zina or that their children are illegitimate. 

According to the Hanafi scholars, the presence of a wali is not a condition for the validity of the marriage as long as there are at least two witnesses and the marriage is announced. 

If two witnesses are not present, then the marriage is not valid according to them.

Although this view is not the correct opinion, and people need to be educated about it, any marriage done without a wali is considered valid according to the Hanafis. And to say that each and every one of their marriages are invalid is a big statement.

The scholars said:

“Given that there is a difference of opinion among the leading scholars regarding this matter, and that it is an issue that is subject to ijtihaad, if a Muslim lives in a country which follows the Hanafi madhhab and regards a marriage contract done without a guardian as valid, and the marriage contract was done on that basis, then it may be deemed to be valid in that case, and the ruling of the court is not to be annulled.”

(Islamqa Fatwa 381188)

Ibn Qudaamah said:

“If a judge rules that this marriage contract is valid, or the one who did the marriage contract is a judge, it is not permissible to annul it. 

The same applies to all marriages that are done in an inappropriate way.”

(al-Mughni 9/347)

And Allaah knows best.

678. Treat Your Children Fairly In The Matter Of Inheritance

By Asma Bint Shameem

What your brothers are doing is wrong and unjust. 

It’s not up to me or you to write a will however we want during our lifetime and divide our money among whoever we like, like the non Muslims do. 

Rather, Inheritance can only be divided after the *death* of a person. 

Secondly, the shares of this inheritance are also not up to the discretion of the person. 

Rather, the inheritance must only be divided according to the rules clearly outlined in the Qur’aan by Allaah Himself. 

The money automatically goes to whoever the surviving rightful heirs are after the death of the person. 

And no one needs to “write a will” for that. 

2. If a person wants to divide his property and it’s in his final sickness, and the person is about to die, then that’s allowed. 

And in this situation, this would be called a “bequest”. 

And one can only bequeath up to *one third* of their estate to someone. 

However a person can NOT  bequeath anything to *his shar’ee heir*  because  the Prophet sal Allaahu Alayhi wa sallam forbade that. 

He Sal Allaahu Alaiyhi wa Sallam said:

“Allaah has given each person who has rights his rights, and there is no bequest to an heir.”

(Abu Dawood; saheeh by al-Albaani in Saheeh Abi Dawood)

3. It is permissible to divide some property or wealth among the heirs during the lifetime of a person, when he’s in GOOD HEALTH. 

This would be considered a “gift” and can NOT be called “inheritance”. 

A person can “gift” his children or spouse some property or money during his lifetime, as long as he is FAIR in his division. 

And his intention is not to *‘deprive’* a rightful heir. 

This gift has to be JUST and given to ALL his children equally according to the majority of the scholars. 

He cannot give to one of his children and exclude the others,

UNLESS the children don’t mind and WILLFULLY agree with that, without any pressure or compulsion. 

Anyone who divides unfairly, against his children’s will is sinful in the sight of Allaah. 

And he has to answer to Allaah for his unfairness. 

al-Nu’maan radhi Allaahu anhu said that his father brought him to the Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam 

and said, 

“I have given this son of mine a slave.” 

He said, 

“Have you given a similar gift to all of your sons?” 

He said, 

“No.” 

He said, 

“Then take it back.” (al-Bukhaari, Muslim)

According to another version he said: 

“Fear Allaah and treat your children fairly.” So he went back and took back his gift.” (al-Bukhaari)

Imaams Abu Haneefah, Maalik, ash-Shaafa‘i and Ibn al-Mubaarak said: 

“The female is to be given the same as the male, because the Prophet Sal Allaahu Alaiyhi wa Sallam said to Basheer ibn Sa‘d: 

“Treat them fairly (equally)” and he explained that by saying: “Would you like them all to honor you equally?” 

He said: 

“Yes.” 

He said: 

“Then treat them fairly (equally).” 

And the daughter is like the son in terms of the duty to honor the parents, and the same applies to giving gifts to her. 

It was narrated that Ibn ‘Abbaas said: The Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam said: 

“Treat your children fairly (equally) in giving gifts; and if I were to have given precedence to anyone, I would have given precedence to women over men.” Narrated by Sa‘eed in his Sunan. 

And because it is a gift given during one’s lifetime, so male and female are to be treated equally, as is the case with regard to spending on maintenance and clothing.”

But if someone gives one or some of his children and excludes his other children with the WILLFUL CONSENT of the others and they’re not under any pressure etc then it’s allowed to do so and the person is not sinful. 

Shaykh Ibn Baaz said:  

“The father (mother) must be just and fair to his children, males and females. It is not permissible for him to give gifts to some of them and not to others, EXCEPT with the consent of those who are not given, if they are mature. Their consent should not be given out of fear of their father, rather it should be given willingly, with no threats or fear of their father. Not differentiating between them is better in all cases, and is better for their hearts, because the Prophet Sal Allaahu Alaiyhi wa Sallam said: “Fear Allaah and treat your children justly.” Saheeh – agreed upon.”

(Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/452)

The scholars said:

“During a person’s lifetime his wealth cannot be described as an inheritance, and those who will be given a share of it cannot be called heirs, because the first condition of inheritance is the death of the testator. 

There are two issues that are worth pointing out here: 

1.If your father wants to give his children – only – something whilst he is still alive, that is described as a gift or present, and it is permissible for the father to do that, but that is on condition that he treat all his children fairly, both male and female.

2.If your father wants to divide his property among all his heirs, it is permissible for him to do that on condition that he does not deprive some of them and he does not detract from their rights. 

However we do not encourage anyone to do that, because of what it may cause of some of the children being tempted by that wealth into falling short in honoring their father. 

Moreover, he himself may need that wealth after it is no longer his. 

He may have more children, other than those to whom he gave that wealth, in which case those new children would be deprived of having a share of their father’s wealth with their siblings.

It should be noted that if handover of a gift to children is deferred until after one dies, then it becomes a bequest, and it is proven in the hadith that “There is no bequest to an heir.” Such a gift should be put back with the estate and shared out according to the laws prescribed in Islam.” (Islamqa Fatwa # 192033)

And Allaah knows best

677. Do We Need To Read The Surah In The Same Order As They Appear In The Quran

 By Asma bint Shameem 

The basic principle is to read the surahs in the salaah in the same order as they appear in the Qur’aan. 

Although it’s BETTER and *preferred* to keep the order of the Surahs when reciting them in prayers, it’s *not mandatory.* 

Rather it’s *permissible* to go out of order and the prayer is valid. 

Proof:

Hudhayfah radhi Allaahu anhu said: 

“I prayed with the Prophet Sal Allaahu Alaiyhi wa Sallam 

one night, and he started to recite al-Baqarah. I thought, he will do rukoo when he reaches one hundred aayaat, but he kept going. 

I thought, he will complete it in one rakah, but he kept going. I thought, he will do rukoo now, but he started to recite al-Nisaa, and he recited all of it, then he started to recite Aal Imraan and recited all of it.”

(Muslim 772)

This shows that the Prophet sal Allaahu Alayhi wa sallam did not read the suwar in order. 

Rather he read Baqarah then Nisaa then Aal-Imraan although Aal Imraan comes *before* Nisaa. 

So it’s allowed to go out of order although it’s preferable to keep the order as it. 

And Allaah knows best

676. What Should The Terminally Ill Person Do ? And What Can OTHERS Do For Him?

By Asma bint Shameem 

Everyone’s lifespan is written. 

And we’re only here on this earth for an appointed time. 

When the time is up, we leave. 

No one knows exactly WHEN that time is. 

But sometimes, out of His Mercy, Allaah Subhaanahu wa Ta’aala reminds a person of that time of departure by afflicting His slave with a terminal illness. 

Although it is hard to accept, this is actually a BLESSING IN  DISGUISE, because this way the person can “PREPARE” for that inevitable meeting with his Rabb and “get ready” for that ultimate journey. 

Here are some of the things a terminally ill person can do. 

1. He should make sincere Taubah to Allaah for all his previous major and minor sins. 

2. He should ask others for forgiveness 

3. He himself should clear his heart and forgive those that might have hurt him or treated him unfairly in any way. 

4. He should strengthen his ties with his blood relatives and ‘fix’ any that needed fixing. 

5. He should pay off his debts and settle any other financial issues with others. 

6. If he has any money he should write his will, if he wants to donate one third of that to charity. 

7. He should have good and positive thoughts about Allaah and hope to have a good end.  

8. He should try and live whatever life is left for him in the obedience to Allaah and stay away from all disobedience 

9. He must be very vigilant about his five daily prayers. 

10. He should busy himself with dhikr, read the Qur’aan with meanings, pray Nawaafil if he has the energy, do a lot of sadaqah regularly even if it’s a small amount and other good deeds. 

10. Stay away from people and places that are “dunya- oriented” and are a distraction to the goal of the Aakhirah. 

 *In the LAST FEW DAYS*

When he’s in the last hours/days of his sickness:

1. People around the dying person should say good things and make duaa for him 

The Prophet sal Allaahu Alayhi wa sallam said:

“When you visit a sick or a dying person, you should utter good words because the angels say “Ameen” at what you are saying.” (Muslim)

2. They should encourage him to say "Laa Ilaaha Illa Allaah”

The Prophet sal Allaahu Alayhi wa sallam said:

“Exhort your dying people to recite: Laa ilaaha illallaah.” (Muslim)

That’s because if their last words are “Laa ilaaha illallaah”, they will enter Jannah with the Will and Permission of Allaah. 

The Prophet sal Allaahu Alayhi wa sallam said: 

“He whose last words are: Laa ilaaha illallaah shall enter Jannah.” (Abu Dawood- saheeh by al-Albaani)

And he said: 

“He who dies while knowing (fully well) that there is none worthy of worship (in truth) but Allaah shall enter Jannah.” (Muslim)

3. The dying person should ask Allaah for forgiveness and mercy. 

The last words of the Prophet sal Allaahu Alayhi wa sallam were:

“Allahumma-ghfir li, warhamni, wa alhiqni bir Rafiqil-Aa’laa”

 “O Allaah, forgive me, bestow Your Mercy on me and let me join the exalted companions.” (al-Bukhaari, Muslim) 

4. He should think positive and have good hopes with Allaah.  

The Prophet sal Allaahu Alayhi wa sallam said:

“None of you should approach death but he is hoping good from Allaah.” (Muslim)

5. The people around him should remind him of his good deeds 

Ibrahim An-Nakha’i said: 

“People liked to remind righteous people of their righteous actions so that they would have good thinking of Allaah Subhaanahu wa Ta’aala.” (Ibn Abu Ad-Dunya)

*IMPORTANT NOTE*:

*1. No Qur’aan or Yaseen*

There’s NO PROOF of reading the Qur’aan for the dying person or reading Surah Yaseen etc. 

The hadeeth about reading Surah Yaseen is weak. 

And a weak hadeeth means that it’s highly doubtful that the Prophet sal Allaahu Alayhi wa sallam ever said that or did that or approved of that. 

2. No other bid’ah 

Nothing should be done for the dying person that has no proof from the Qur’aan and/or authentic Sunnah such as slaughtering at the bedside, sprinkling blood of the sacrifice on him, going around the patient seven times with certain things like chillies, and many other practices that are borrowed from the Hindus and others. 

Astaghfirullaah!

Imagine the SIN of sending someone off to their Creator with Shirk and bid’ah!

La Hawla wa la Quwwata illa billaah. 

May Allaah guide us. 

May Allaah give us a good end.

May our last words be “Laa ilaaha illallaah” 

And May Allaah be pleased with us when we meet Him. Ameen