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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