719. Can We Dine In Restaurants Where They Serve Alcohol?

By Asma Bint Shameem

The default is that we should not be going to places that serve alcohol or any prohibited items. 

So if you’re living in a *Muslim* country where there are *plenty* of places to eat, it’s not permissible to go to such restaurants that serve alcohol. 

However if you’re living in a *non Muslim country*, where alcohol is usually served pretty much everywhere, it would be “permissible” to go eat in a restaurant where they serve alcohol, *if* there was no other choice and 

as long as they are not “specifically” “bars” or *mainly* known to be a place of wine or drinking. 

But it’s best to completely avoid such places if possible. 

Keep in mind that just because something is “permissible” does not necessarily mean that it’s “desirable”. 

And Allaah knows best.

718. Can A Woman Go To Umrah In a Group?

By Asma Bint Shameem

There’s a difference of opinion among the scholars about women going to Hajj/umrah on their own without a mahram. 

And although, the government of Saudi Arabia allows a woman over 45 years of age to travel to Hajj or umrah with a group of trustworthy men and women; but not all the ulama agree about this issue. 

Some allowed that but some scholars are more *strict* and disallowed that. 

The stricter ulama say that having a mahram is PART of the conditions that will make hajj obligatory on a woman. 

So just like financial ability and health are conditions for the obligation of hajj, similarly hajj only becomes obligatory on a woman IF she has a mahram. 

If she doesn’t have a mahram, then hajj is not fardh on her, even though she may be financially and physically able. 

Shaykh ibn ‘Uthaymeen said: 

“This action – Hajj without a mahram – is haraam because of the hadeeth of Ibn ‘Abbaas radhi Allaahu anhu who said: 

I heard the Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam say, when he was delivering a sermon, 

“No woman should travel except with a mahram.” 

A man stood up and said, “O Messenger of Allaah, my wife has set out for Hajj, and I have signed up for such-and-such a military campaign.” 

The Prophet Sal Allaahu Alaiyhi wa Sallam said: “Go and do Hajj with your wife.” (al-Bukhaari, Muslim)

So it is not permissible for a woman to travel without a mahram. 

A mahram is a man whom she is forever forbidden to marry because of blood ties or for a permissible reason. This is also subject to the condition that he be an adult of sound mind. A minor child cannot be a mahram, and neither can one who is not of sound mind. 

The reason for a mahram’s presence being required is so that he can look after her and protect her, so that she will not be bothered by those who do not fear Allaah and do not show mercy to the slaves of Allaah. 

It makes no difference whether there are other women with her or not, or whether she is safe or not. 

Even if she goes with women from her own family and she is extremely safe, it is not permissible for her to travel without a mahram, because when the Prophet Sal Allaahu Alaiyhi wa Sallam commanded that man to go and perform Hajj with his wife, he did not ask whether there were other women with her or not, or whether she was safe or not. 

The fact that he did not ask about that indicates that it makes no difference. 

This is the correct view.”

(Daleel Al-Akhta’ Allati Yaqa’a Fiha Al-Haaj Wa’l-Mu’tamir)

Personally, I would also encourage women to go for umrah/Hajj ONLY if they have a mahram with them. 

Besides the difference of opinion from the Sharee’ah point of view, I see women who go for Umrah or hajj alone every year. 

And every year, I see the trouble they have to go through and how they suffer. 

Saudi Arabia is very much ‘a man’s world’ and it’s extremely difficult for a woman to manage by herself if even a little goes out of the ordinary. 

Sometimes their luggage gets lost, or they themselves get lost or they get sick or hurt themselves etc 

And if they don’t have a mahram with them, it becomes extremely difficult for them to manage, to communicate or do anything to solve their issue. 

That’s my personal opinion and advice. 

Of course the final decision is up to the individual sister. 

And Allaah knows best

717. Does A Wife Need To Ask Her Husband’s Permission To Spend Her Money Or Give In Charity?

By Asma bint Shameem 

There’s a difference of opinion among the scholars about the woman spending her wealth with or without her husband’s permission. 

The *stronger* and *correct opinion* is that the wife does NOT have to ask her husband’s permission to spend her money or give it in charity etc. 

And the husband does NOT have the right to tell his wife where and how to spend her money. 

Proof #1:

Our Mother Maymoonah bint al-Haarith radhi Allaahu anhaa freed a slave woman and she did not ask the permission of the Prophet Sal Allaahu Alaiyhi wa Sallam.

When it was her day for the Prophet Sal Allaahu Alaiyhi wa Sallam to stay with her, she said: “Did you notice, O Messenger of Allaah, that I freed my slave woman?” 

He said: 

“Did you?” 

She said: 

“Yes.” 

He said: 

“If you had given her to your maternal uncles you would have earned a greater reward.” (al-Bukhaari 2592, Muslim 999)

 Imaam Al-Nawawi said commenting on this hadeeth:

“This shows that it is permissible for a woman to dispose of her wealth voluntarily without her husband’s permission.”

Proof #2:

Jaabir ibn ‘Abd-Allaah radhi Allaahu anhu said: 

“The Prophet Sal Allaahu Alaiyhi wa Sallam stood up on the day of al-Fitr and led the people in prayer. He started with the prayer then he delivered the khutbah. 

When he had finished he came down and came to the woman and exhorted them, leaning on Bilaal’s arm, and Bilaal was spreading out his cloak for the woman to throw their sadaqah (charity) into it.” (al-Bukhaari 978, Muslim 885) 

According to another report: “they started to give their jewellery in charity.”

Al-Haafiz said: 

“This hadeeth shows that a woman may give her wealth in charity without her husband’s permission.”

And Imaam Al-Nawawi said: 

“This hadeeth shows that it is permissible for a woman to give some of her wealth in charity without her husband’s permission and that this is not limited to one-third of her wealth. This is our view and the view of the majority. Maalik said: It is not permissible for her to give more than one-third of her wealth except with her husband’s permission. Our evidence for that from the hadeeth is the fact that the Prophet Sal Allaahu Alaiyhi wa Sallam did not ask them whether they had their husbands for permission, or whether they were giving more than one-third. If the ruling had differed he would have asked them.”

Having said that, it would definitely be *good* and *desirable* that the wife should consult her husband in her financial matters so as to keep harmony and avoid any misunderstandings or tensions. 

So although it’s not “required” for the wife to ask her husband if she can give charity from her own money, it’s still advisable and from wisdom and prudence that she should consult her husband about where she’s spending her money. 

Everything should be worked out between a husband and wife, amicably and lovingly, without creating tension or resentment. 

Abu Hurayrah radhi Allaahu anhu  said: 

The Messenger of Allaah Sal Allaahu Alaiyhi wa Sallam was asked, 

Which woman is the best? 

He said, 

The one who makes [her husband] happy when he looks at her, who obeys him when he tells her to do something, and who does not oppose him in a manner he dislikes with regard to herself and her wealth.”

(Reported by al-Nisaai, 3179; Saheeh al-Jaami, 3292)”

And Allaah knows best

716. Is It Allowed To Give Zakaat To Non Muslims?

By Asma bint Shameem 

It is not allowed to give Zakaah to non Muslims. 

Zakaah can only be spent in the eight categories that are mentioned in Surah at-Taubah. 

Allaah says:

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”

[al-Tawbah 9:60]

The ONLY time we ‘may’ give Zakaah to non-Muslims is when a non Muslim seems inclined towards Islaam; but  that also comes with certain conditions and limitations.  

For example the person is in leadership position and is inclined towards Islaam and this Zakaah is given as an *incentive* to  soften his heart and ‘push’ him and his followers to accept this Deen. 

However, there’s no problem for you 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]. 

With regard to zakaah, it is not permissible for a kaafir unless he is one whose heart is to be softened towards Islam, because Allaah mentions among those who are entitled to zakaah “and to attract the hearts of those who have been inclined (towards Islaam)” [al-Tawbah 9:60].”(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