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Saturday, April 30, 2016

Questions 57

Questions asked to Shaykh Sa'd bin Naasir bin Abdul-Azeez ash-Shithree [May Allaah Preserve him]

Member of the Permanent Committee of Fatwaa and Research and Committee of Senior Scholars

Asked in his Masjid after Salaat al-‘Asr

28/4/1435- 28/2/2014

Question: There is a woman in England who has not seen her husband in over a year. He refuses divorce, maintenance or an annulment in the marriage. She went back to the Islaamic Court in London and got a divorce. Does she have an ‘Iddah period?

Answer: Yes she does,

"And divorced women shall wait (as regards their marriage) for three menstrual periods" [al-Baqarah 2:228]

Her ‘Iddah begins as soon as the court have annulled the contract and not from the beginning of the period they have been separated or intended divorce. 

Questioner: The problem here is that some of the men in her area are harassing her. As a result, some people are also stating that she is being immoral with people who are not her husband. Even some of the youth are harassing her. She has a proposal from a trustworthy Muslim man, can she marry him in order to save herself or must she wait until her ‘Iddah is over?

Shaykh Sa’d: She must wait. She should go back to the police, but whatever the case, she must wait as she has an ‘Iddah of three menstrual cycles. 

What has occurred between her and her ex-husband is not considered as Talaaq until the court ruled that the marriage was annulled, so the period she hadn’t seen her husband cannot have been an ‘Iddah.

I ask Allaah to remove from her all evilness and advise to her stay away from this community that is harming her until her ‘Iddah is over and she remarries and fear is removed.

Question: What books do you recommend that we study from, from the books of IbnTaymiyyah and Ibn al-Qayyim?

Answer:  Their books differ in accordance to the level of knowledge of the person. Certain books of theirs is for the scholar alone, others for the student of knowledge, others written for the general folk. So the person must look at his level before reading. 

If a person is advanced, we can advise him to read books like Da’r Ta’aarud Bayn al-‘Aql wa an-Naql. A person with an intermediate level of knowledge could read books like Qawaa’id an-Nooraaniyyah and the beginner to read books like al-Istiqaamah and other short treaties.

Question: What is the ruling on using words that have a origin of Shirk or Kufr in their meaning in the English language? Such as Monday, it comes from the day that the when the moon was worshipped etc.

Answer: This needs consideration, I cannot respond until I am certain about the answer.

Question: What is the ruling on higher purchased cars where the purchaser makes monthly installments, but there is an initial down-payment?

Answer: This is not permissible because the higher purchase means one it renting to become the owner and by having an initial down-payment it means that the transaction is mixing renting with what is considered as an outright purchase (the down-payment) as renting doesn’t involve down-payments but it involves payment in exchange for benefitting from the product (this is the Islaamic definition of renting). As a result, this condition is Haraam as it involves two transactions in one.

Question: This question about an ingredient called prebiotics. They say that sometimes this ingredient is extracted form the intestines of an animal or even humans. This ingredient of its various types exists in many products, such as yoghurt and other dairy products. So what is the ruling on this?


Answer: I am not sure what this ingredient is but if it comes from the intestine of humans, then this is not permissible. It doesn’t become permitted even if the ingredient goes through a process of change (Istihaalah)because the ingredient is still in the product. This is different to vinegar, for example, that goes through a process of fermentation because it is pure and the alcohol within it is removed, this is not the case here.

And Allaah Knows Best

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