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Thursday, December 04, 2014

Questions 48

Questions asked to Shaykh Sa'd bin Naasir bin Abdul-Azeez ash-Shithree [May Allaah Preserve him]
Former Member of the Committee of Senior Scholars
Asked in his Masjid after Salaat al-‘Asr
8/11/1434 – 13/9/2013

Question 1: There is a brother whose wife apostate from al-Islaam, so who deserves the custody of the children?

Answer: This is an issue for the courts so he should return the affairs back to the courts. This is because this is an issue in which a Fatwaa will not rectify their matters.

Questioner: But in origin who deserves the children because she isn’t a Muslim…
Shaykh Sa’d: She wants the children and he wants the children?

Answer: Yes, Oh Shaykh.

Shaykh Sa’d: Then they must go back to the courts.  

Question 2: A man has information that someone wants to kill him, so is it permissible for this man to kill the wannabe murdered before he is murdered?

Answer: This question needs to be asked to a senior scholar.

Question 3: Is the UK Daar al-Harb (a land of war), Daar al-Kufr (a land of the non-Muslims) or Daar al-‘Ahd (a land where the Muslims have a treaty with the non-Muslims)?

Answer: Daar al-‘Ahd.

Question 4: Is it permissible to establish capital punishment in Daar al-‘Ahd?

Answer: No, this is not permissible as capital punishment is only established by the rulers or those appointed by the rulers, the UK doesn’t have a Muslim ruler nor does it have someone appointed there by a ruler.  

Question 5: Specifically connected to the apostate, have some of the scholars allowed the establishment of capital punishment on the apostate, regardless of the land?

Answer: No, this is not permissible and must be established by the ruler. Some of the scholars have stated that it is permissible during war but this also is in the situation of there being a ruler. 

Question 6: We hear some people criticising Saudis in a general sense, as in all of them are blamed to be lazy or being unintelligent or lacking in manners. They look down on them as if they are superior in these characteristics. What is the ruling on this all?

Answer: This doesn’t leave one of two scenarios. Either they are falling into Gheebah (backbiting if it is true) or Buhtaan (slander if is not true) and both are major sins.

Answer (on another occasion whilst travelling with the Shaykh he answered): If Allaah wants good for a nation, sometimes he brings about such people to elevate the status of those whom they are backbiting.

Question 7: What is the ruling on teachers, or anyone else for that matter, mocking low grades that students (connected to the previous question, students who are Saudis) receive or mocking the wrong answers that students may give during their exams?

Answer: This is not permissible.


O you who believe! Let not a group scoff at another group, it may be that the latter are better than the former; nor let (some) women scoff at other women, it may be that the latter are better than the former, nor defame one another, nor insult one another by nicknames. How bad is it, to insult one's brother after having Faith [i.e. to call your Muslim brother (a faithful believer) as: "O sinner", or "O wicked", etc.]. And whosoever does not repent, then such are indeed Zalimun (wrong-doers, etc.).” [al-Hujaraat 49:11]

Question 8: Is it permissible to openly speak against those who are in charge of the affairs of the Muslims, such as the government or management in the workplace?

Answer: If someone sees a mistake in those in authority then they must speak to those who are responsible for dealing with complaints or those who are able to bring about change.

Questioner: So he shouldn’t talk about them with the general folk?

Answer: He should not talk about them in front of the general folk; this will only bring about hatred and resentment. There is no benefit in this.

Question 9: Is it better for not to call ourselves Salafee in the west because the extremist and even some of the Soofees are now adopting the same name?

Answer: What is obligatory is to explain to the people what it means to be a Salafee and that those Soofees and Khwaarij are not truly Salafees. As for refraining calling ourselves Salafee because of them then this is not appropriate, because someone then may say ‘I will not call myself a Muslim because of the despicable acts of other Muslims’.  Therefore, one should leave off the name.

Answer (on another occasion whilst travelling with the Shaykh he answered): If a British citizen commits an act of terrorism in the name of Britain, then would the British stop calling themselves British? No! Rather they would condemn the acts and explain their stance.

Question 10: Was Qiyaas a point of consensus at the time of the Companions [May Allaah be Pleased with them all], so as a result, the view of Dawood adh-Dhaahiree being Bid’ah?

Answer: What is the point of this question?

Questioner: To refute the stance of Dawood (which is that Qiyaas is not accepted and that rejecting Qiyaas was not narrated by any of the Salaf before him).

Shaykh Sa’d: What does this question lead to? If we answer, do you want us to say that Dawood was an innovator?

Questioner: No, oh shaykh, but to have proof that the view of Dawood of rejecting Qiyaas is rejected.

Shaykh Sa’d: There is no benefit in this question.

Question 11: You mentioned in an interview that you paid a lot of attention to reading and studying from Saheeh al-Bukhaaree from a very young age. So what do you recommend for our children?


Answer: Try and combine studying from the smaller treatises and then the bigger books. Perhaps starting off with the abridgment of the bigger books, such as the likes of Nawawee’s forty Hadeeth and ‘Umdah al-Ahkaam, and then moving on to the bigger books.

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