693. Dealing With Interest

By Asma Bint Shameem

This is clear interest and dealing with interest in any way is absolutely prohibited. 

It’s one of the most *serious major sins.* 

And the ONLY sin about which Allaah says “Get ready for *WAR* with Allaah and His Messenger Sal Allaahu Alaiyhi wa Sallam” 

Allaah says:

"O you who believe! Fear Allaah and give up what is still due to you from Ribaa if you are (truly) believers." (al-Baqarah:278)

And then He WARNS us:

"And if you do not do it, then take a notice of WAR from Allaah and His Messenger." [al-Baqarah:279] 

And Jaabir radhi Allaahu anhu said:

“The Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam CURSED ten people: 

the one who consumes ribaa, the one who pays ribaa, the one who writes it down, the two who witness it, the one who makes it lawful, the one for whom it is made lawful...” (Saheeh Muslim)

So if someone earned interest in some way, they should:

- make sincere Taubah and never repeat their sin

-they should take out any money in an interest bearing account and put it in a *non-interest bearing account*. 

Usually “checking accounts” or “current accounts” are non interest bearing. 

Any Interest that they’ve earned should be calculated then given to the poor as charity. 

And that can be in ANY charitable cause. 

Or it can be spent on anything *that is charitable or helps others.*

*But you can NOT use that interest amount for your OWN benefit*. 

Shaikh Ibn Baaz said:

“With regard to the interest that the bank has given to you, do not give it back to the bank and do not consume it yourself; rather spend it on charitable causes, such as giving it to the poor, repairing public washrooms, and helping debtors who are unable to pay off their debts.” [Fataawa Islamiyyah (2/407)]

However, Allaah will not accept that charity and it will not count as a good deed from them because the Prophet sal Allaahu Alayhi wa sallam said:

“O people, Allaah is pure and he accepts only what is pure.” (Muslim)

So even though that charity will not count, at least someone can benefit from it and it’s better than throwing it away. 

The one who receives this money is not sinful and this money is halaal for them, because it’s not their fault that this money was earned from forbidden means. 

And Allaah knows best

692. If The Couple Are Divorced, It's The Father That Is Supposed To Pay For The Children's Upbringing

By Asma Bint Shameem

If the couple are divorced, it’s the *father* that is supposed to pay for the children’s upbringing, education, accommodation etc. according to the Sharee’ah. 

The scholars said:

“Maintenance of children is a duty of the *father*, according to scholarly consensus, whether he remains married to his wife or divorces her, and whether the wife is poor or rich. 

She is not obliged to spend on the children when their father is still alive. 

The woman who has been given a revocable divorce (first or second talaaq) must be given maintenance and accommodation during the ‘iddah, but when her ‘iddah ends, if she is not pregnant, she is not entitled to that. 

In the event that custody of the children is given to a divorced woman, then the children’s maintenance must be paid by their father, and a mother who is breast-feeding may request payment for breastfeeding the child. 

Maintenance of children includes providing accommodation, food, drink, clothing and education, and everything that they need, on a reasonable basis, depending on the husband’s circumstances, because Allaah says: 

“Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him. Allaah puts no burden on any person beyond what He has given him. 

Allaah will grant after hardship, ease”

[al-Talaaq 65:7]

This varies from one country to another and from one person to another.  

If the husband is rich, then his spending should be in accordance with his wealth, and if he is poor or of moderate means, then he should also spend in accordance with his situation. 

If both parents agree on a certain amount of money, whether it is a little or a lot, that is up to them, and in the case of dispute the one who should decide concerning that is the qaadi (judge in a sharee’ah court).”

(Islamqa Fatwaa# 89708)

And Allaah knows best.

691. Custody Of The Child

By Asma Bint Shameem

If a couple goes through divorce, or if the father dies, the mother has the right to custody of the children until they are seven years old. 

But if she remarries, she loses custody of her children. 

That’s because a woman said: 

“O Messenger of Allaah, this is my son; my womb was a vessel for him, and my breasts gave him to drink, and my lap was a protection for him. His father has divorced me and he wants to take him away from me. The Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam 

said: 

“You have more right to him so long as you do not remarry.” (Ahmad, Abu Dawood- Hasan by al-Albaani)

But if the mother also dies then there’s a difference of opinion among the scholars about who gets the custody of the child. 

Some of the ulama said that the mother’s side gets custody, meaning the mother’s mother then the mother’s sister etc

But others said that the father’s mother gets custody then the father’s sister and so on. 

The scholars said:

“The scholars differed concerning the definition of the one to whom the right to custody is passed after the mother. 

The majority were of the view that it is passed to the mother’s mother, but Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them both) disagreed with them and said that it is passed to the father, but if they are both equal in terms of closeness to the child, then the relatives on the father’s side are given precedence, and the father’s mother is given precedence over the mother’s mother, and the paternal aunt is given precedence over the maternal aunt, and so on.”

(Islamqa Fatwa # 107472)

Basically the best interest of the child,  his wellbeing and safety must be considered top priority. 

Shaykh ibn Saalih al-‘Uthaymeen said:  

“It should be noted that with regard to this matter, attention must be paid to the child above all else. If going with one of them or staying with one of them will cause harm to his religious or worldly interests, then no approval should be given to one who will not protect him or take care of his interests, because the basic purpose of custody is to protect the child from that which will harm him, and to look after his interests.”

[Al-Sharh al-Mumti’ (13/545)]

Here’s what Shaikh Salih al-Fawzaan said regarding this issue:

He said:

“Abdullah Ibn ‘Amr radhi Allaahu anhumaa narrated that a woman said: 

“O Messenger of Allaah, this is my son. 

My womb was a vessel for him, my breasts were a source of drink for him, my lap was a place for him to curl up. 

Now, his father has divorced me, and he wishes to take him from me.” 

So Allaah’s Messenger Sal Allaahu Alaiyhi wa Sallam  

said:

“You have a greater right to him, so long as you do not re-marry.” 

(Ahmad (6707), Abu Dawood (2276), Al-Haakim (2/207))

Her saying that “my womb was a vessel for him” means that it was a place of protection during her pregnancy. 

“My breasts were a source of drink for him” means that he would he would suckle her breasts just as one drinks water. 

“My lap was a place for him to curl up” means that her lap and arms were a place of comfort and sleep, and a place of sitting. 

So she explained what she had been to this young child in terms of her carrying him in her womb, breastfeeding him and nurturing him. 

Then her husband divorced her and they were separated. 

So the father desired to take the child from its divorced mother. 

So the Prophet Sal Allaahu Alaiyhi wa Sallam said to her:

“You have a greater right to him” meaning over the custody of the child, “so long as you do not remarry.” 

So this hadeeth carry two issues connected to child custody (al-hadaanah):

One: That the right of custody over a young child is with the divorced mother.* 

That is because the mother will be more compassionate towards him than the father, and more aware of its needs: hygiene, cleanliness, neatness, and overall care of him. 

For this reason, the Law-Maker (Allaah) gave her the right to custody and gave her precedence over the father. 

This hadeeth proves that women are given precedence over men in the affair of child custody. 

So the one having the most right to custody is the mother, then her mother, then the maternal aunts because they carry the position of the mother. 

Thereafter, it is the womenfolk from the father’s side of the family, such as the grandmother (father’s mother), the sisters, the daughters of his brothers and the paternal aunts. 

Thereafter it is given to the male relatives if the female relative cannot be found. Meaning if women from the mother’s side cannot be found, and women from the father’s side cannot be found, then in that situation custody is given to the males – those having the closest blood ties given precedence. 

So the man gives the care of the child (baby) to a woman (of his household) who will be good to it. It could be his wife or another woman who will take care of the baby.

So this is the order of custody of a young child in Islam:

1. The women on the mother’s side of the family (beginning with mother herself).

2. Then the women on the father’s side of the family.

3. Then the men on the father’s side of the family (their wives, etc).

A man cannot look after a young child or take custody of it, but he can hand over its care to a trustworthy woman who will look after it.

Two: If the mother remarries, then she loses custody, and it passes to the next person in line.* 

That is because her main concern now is her new husband. 

She cannot busy herself with her baby to the disadvantage of her husband — *unless* her new husband *permits* that and allows her to hold on to the custody of her baby, then in that situation the right [of custody] *remains with the mother*. 

That which prevented her from keeping the baby was her duty to her new husband. 

However, if he permits her to look after a child from a previous husband, then the right of custody returns to her due to the removal of the preventative barrier (which was the concern of her new husband).”

(Shaikh Salih al-Fawzaan’s explanation of Buloogh al-Maraam min Adillatil-Ahkaam) 

And Allaah knows best

690. Time For The BEGINNING And END Of Fajr Prayer

By Asma bint Shameem 

The Prophet sal Allaahu Alayhi wa sallam said:

“The time for Subh (Fajr) prayer lasts from the beginning of the pre-dawn so long as the sun has not yet started to rise.” (Muslim)

So the time for Fajr STARTS after the true dawn which is when the redness or whiteness of the true dawn appears and spreads horizontally upon the eastern horizon.

And LASTS until just before sunrise, that is, when the top edge of the sun begins to rise above the horizon. 

The BEST time to pray Fajr is at it’s EARLY time.

That’s what the Prophet Sal Allaahu Alaiyhi wa Sallam and the Sahaabah used to do. 

Proof:

Jabir ibn ‘Abd-Allaah Radhi Allaahu anhu said: 

“The Prophet Sal Allaahu Alayhi wa Sallam used to pray Fajr when it was still dark (ghalas).”(al-Bukhaari 560 and Muslim 646)

And our Mother Aishah Radhi Allaahu anhaa said that the Messenger of Allaah Sal Allaahu Alayhi wa Sallam used to pray Fajr when it was still dark (ghalas) and the believing women would depart and no one would recognize them because it was so dark, or they would not recognize one another.” (al-Bukhaari 872 and Muslim 645)

The scholars said:

“The word “ghalas'' refers to the darkness at the end of the night, as it says in the dictionary, and that is the beginning of the dawn.” (Subul al-Salam)

Imaam al-Nawawi said: 

“The words “and no one would recognize them because it was so dark” refer to the fact that it was still nighttime and dark. 

Al-Dawudi said: What this means is that no one could tell if they were women or men.”  (Sharh Muslim by al-Nawawi) 

Mughهth ibn Sumay said: 

“I prayed Fajr with ‘Abd-Allah ibn al-Zubayr Radhi Allaahu anhu in the darkness at the end of the night just before daybreak, and when he said the tasleem I turned to Ibn ‘Umar and said, What is this prayer? 

He said:

“This is how we prayed with the Messenger of Allaah Sal Allaahu Alayhi wa Sallam and with Abu Bakr and ‘Umar. 

When ‘Umar was stabbed, ‘Uthman delayed it until there was light.” (Ibn Majah 671; Saheeh by al-Albaani in Saheeh Ibn Majah)

Ibn Qudamah said:

“With regard to Fajr prayer, it is *better* to pray when it is still dark. This is the view of Malik, al-Shafi'i and Ishaq. 

There is also evidence to this effect narrated from Abu Bakr, ‘Umar, Ibn Mas’ud, Abu Musa, Ibn al-Zubayr and ‘Umar ibn ‘Abd al-‘Aziz.” (al-Mughni 1/540)

Although it’s good to read the Fajr prayer *early* as soon as its time begins, some times it may happen that your alarm didn’t go off or you overslept, etc.

In that situation, you MAY pray it later as long as the sun hasn’t begun to rise. 

But that’s the “*emergency* time for Fajr prayer.”

The Prophet Sal Allaahu Alaiyhi wa Sallam said:

‘If one of you catches a Sajdah from the Asr prayer before the sunsets, then he should complete his prayer.  

If one of you catches a Sajdah from the morning prayer before the sunrises then he should complete his prayer.’

(al-Bukhaari) 

So if you have enough time to make one sajdah, you can pray your Fajr and your prayer will count In Shaa’ Allaah. 

But we shouldn’t be making it a “routine” to pray so late. 

Imaan An-Nawawi said:

“This is a clear evidence that whoever caught and prayed a Rak’ah of the morning or Asr prayer, and then the prayer time finished before he gave Salam then his prayer is not null and void, rather he should complete it, and his prayer is correct.”

And Allaah knows best

689. The Greatest Reward Comes With The Greatest Trial

By Asma Bint Shameem

There’s an authentic hadeeth where the Prophet sal Allaahu Alayhi wa sallam said: 

"The greatest reward comes with the greatest trial. When Allaah loves a people He tests them. Whoever accepts that wins His pleasure but whoever is discontent with that earns His wrath." (Saheeh al-Tirmidhi)

However just because a person is going through difficulties does not necessarily mean that he is beloved to Allaah so the person gets complacent. 

Rather there are many reasons why Allaah puts a person through difficulties, and his SINS could be reason for that. 

If we’re tested with sickness, or other affliction, we should take a deep hard look at ourselves in the mirror and see...

If we’re obeying Allaah to the best of our ability and staying away from haraam, then the affliction is a test that will remove our sins and raise our ranks with the permission of Allaah. 

But if our life is full of disobedience and forbidden things, and we’re negligent of the day we will meet Allaah then most likely we’re being punished for our sins. And so we should hasten to make taubah to Allaah Subhaanahu wa Ta’aala and ask for forgiveness. 

A believer does not forget his own sins and mistakes but he also ALWAYS has hope in Allaah’s Mercy. 

Someone asked Shaikh Salih Ibn Fawzaan Al-Fawzaan:

“How does a servant know if that which Allaah  has decreed to befall him is a punishment or a test and an exam from Allaah?”

Sheikh Sālih Al-Fawzaan replied: 

“He looks to himself and holds himself to account. If he has sins and evil deeds, then it is a punishment, and a warning from Allaah so that he may make tawbah.

And if it is the case that he does not have any sins — although there is nobody who is free from sins except if Allaah wills. However, if it is decreed that he has no sin, then it may be an elevation of his rank. It is possible that it is written for a person that he has a rank in Paradise that he cannot attain by way of his actions alone. So Allaah trials him with calamities, so that Allaah may by way of them elevate his station with Himself (subhānahū wa ta’ālā). 

Verily Allaah is the All-Wise and All-Knowing! He does not restrict a servant at all and he does not vengefully decree things in order to harm a person. Rather he decrees them for the benefit of the believer, forever and always.

As for the hypocrite and the disbeliever then Allaah  decrees them as a punishment upon them. 

And for this reason, Allaah said when the Incident of Uhud took place, and there occurred within the Muslims that which occurred: 

“So that Allaah may test (or purify) the believers (from sins), and destroy the disbelievers.”

This is wisdom from Allaah  Subhaanahu wa Ta’aala.

So the calamities are for the believers a purification, and for the Disbeliever they are punishment and destruction. In this there is no doubt. 

So the Muslim holds himself to account, and he knows: ‘Nothing befalls you of calamity except due to that which your own hands have earned. And [Allaah] pardons much.’”

And Allaah knows best