Muhammad ibn Adam al-Kawthari

Muhammad ibn Adam al-Kawthari

  • Muslims should not greet non-Muslims with ‘Salam’. The reason for this is to not show them respect. If a Muslim meets a Jew or Christian on a pathway, he/she should force them to walk on the side.
  • Muslim women should be cautious around non-Muslim women as lesbianism is widespread among them.
  • Incest among non-Muslims is common.
  • ‘Sexual impropriety’ is becoming common in non-Muslims. A Muslim girl should be careful around her non-Muslim father. She should avoid uncovering in front of him if she thinks he may have ‘evil thoughts.’
  • It is prohibited to have close friendships and intimacy with non-Muslims. Muslims may work in coalition with non-Muslims but only to ’ensure the strength and independence of Muslims.’
  • Muslims must not participate in the religious events of non-Muslims, even funerals.
  • The punishment for extra-marital sex is stoning to death. A pregnant women may be stoned ‘straight after giving birth.’
  • It is not permissible for a Muslim to leave Islam.
  • It is unlawful and unacceptable for a Muslim to help asylum seekers who are fleeing the death penalty for adultery and apostasy in Islamic countries.
  • Women should not come out of their homes unnecessarily.

NON-MUSLIMS

Giving Salams to Non-Muslims

A1

The Fiqh of Covering One’s Nakedness

http://web.archive.org/web/20140221162043/http://qa.sunnipath.com/issue_view.asp?HD=1&ID=2039

A2

a3

Is my Non-Muslim Father Mahram for me?

You may consider your non-Muslim father as your Mahram, thus uncover (parts of the body that can be exposed in front Mahrams) in front of him.

Imam al-Kasani (Allah have mercy on him) states:

“A Mahram is one with whom marriage is permanently unlawful…whether this Mahram is a free person or a slave, for slavery is not contrary to close relationship (mahramiyya), and whether he is a Muslim, a non-Muslim or an atheist (mushrik), for a non-Muslim Mahram normally safeguards her, except that he is a fire worshipper, for he considers marriage with her to be permissible.” (Bada’i al-Sana’i, 2/124)

However, if there is a fear of temptation (fitna) on either side or you fear that by kissing him, he will have evil thoughts and desires, you must avoid uncovering in front of him and kissing him. The jurists (fuqaha) have stated that, covering becomes necessary even in front of Mahrams if there is a fear of Fitna or desire.

Today we live in a time where sexual impropriety is becoming common in non-Muslims, thus one must be careful. If your non-Muslim father is old or you feel that he will have no evil thoughts, then it would be permitted to remove your Hijab in front of him and kiss him.

Seeking Help from non-Muslims in Major Issues

Working in coalition with the non-Muslims for a common goal and cooperating with them is permissible subject to the condition that:

a) It be for a general good, and that there not be harm in it for the Muslims,

b) The Muslims have enough control in it to determine the outcome or, at least, be able to back out of it, if the outcome turns towards the unfavourable.

However, if by working side by side non-Muslims, the ascendancy is in the hand of the disbelievers, such that neither one of the above conditions is met, then this will not be permissible.

Allah Most High says in the Qur’an:

“O you who believe! Take not into your friendship those outside your ranks. They will not fail to corrupt you.” (Surah Ali Imran, 118)

Imam Abu Bakr al-Jassas says in his Ahkam al-Qur’an:

It has been prohibited in this verse of the Qur’an to make close friendship and have intimacy with the non-Muslims…. Our scholars (Hanafi) say: There is nothing wrong in seeking the assistance of non-Muslims in order to fight a common enemy as long as the Muslims have the upper hand.”

In the Siyar al-Kabir of Imam Muhammad, there are two separate chapters dedicated to this topic and it concludes to the above mentioned. Imam Ibn al Humam (the great Hanafi Mujtahid) also adopted the same view in his Fath al-Qadir.

However, the great Hanafi jurist, Imam al-Kasani has mentioned in Bada’i al-Sana’i, that, if there is a genuine need and the Muslims are in a dire situation and there is no other way of saving their lives, then to seek the assistance of the Non-Muslims and to work jointly with them will be permissible even if the Non-Muslims have the upper hand. (Bada’i al-Sana’i)

From the above, one may conclude that if there is no other way of getting the rights of the Muslims except by working in coalition with the Non-Muslims, then this would be permissible. However, this should be part of a larger effort to ensure the strength and independence of Muslims.

Women Seeking Medical Treatment from Male Doctors

Also, a Muslim doctor would be preferred over a non-Muslim for obvious reasons. However, if (once again) the three points are not met, then it would be permissible to seek the treatment of a non-Muslim doctor. Therefore the order in seeking medical treatment would be:

a) Muslim female doctor,

b) Non-Muslim female doctor,

c) Muslim male doctor,

d) Non-Muslim male doctor,

And in moving from one stage to another, the above three points should be kept in mind. The preference of a non-Muslim female doctor over a Muslim male doctor is due to the fact that, looking at the awra of someone from the same sex (as mentioned in Durr al-Mukhtar) is lesser of an evil. Also, the covering of one’s nakedness in front of a (non-Mahram) male has been given more importance than covering in front of a non-Muslim female.

Christmas, Deewali & Fiqh of Non-Muslim interaction

Christmas Parties at Work, Pub Meetings etc.

If the party or gathering is connected to some religious event of the non-Muslims, such as Christmas parties, then also it will be impermissible for one to participate. The reason behind this is that, by taking part in their religious functions and gatherings, one will be indirectly approving of their disbelief (kufr) and their religion.

The ruling with regards to such situations is that, to make a habit of this would be impermissible. However, if there is a genuine need (such as work get-togethers) and it is done infrequently, then it would be permissible, provided one does not be affected by the ways and practices of the Kuffar.

In conclusion, it will be impermissible to eat with non-Muslims (or even Muslims) if it entails one participating in unlawful things, or if the food party is connected to a religious event of the non-Muslims.

Attending non-Muslim religious festivals

It would not be permitted for a Muslim to attend the religious festivals and ceremonies of non-Muslims, as this would entail approving of their faith.

Attending the funeral ceremony of a non-Muslim

However, it will not be permitted to attend a religious funeral ceremony, especially when it entails praying for a non-Muslim after his/her death.

Non-Muslims entering the Masjid

It is permitted for Muslims to give non-Muslims permission to enter the Masjid, especially for Da’wa purposes.

Muslims entering non-Muslim places of worship

It is prohibitively disliked (makruh) for a Muslim to enter a non-Muslim place of worship such as a church or synagogue (al-Fatawa al-Hindiyya, 5/346), unless there is some benefit that overcomes the harm.

STONING

The Legal Penalty for Fornication

If the crime of fornication is carried out by an individual who is sane, mature, Muslim and is married to a spouse who is also sane, mature, Muslim, and that their marriage is consummated, then the legal punishment is that he/she will be stoned to death (rajm). The Imam, witnesses and other Muslims would take part in the stoning. If the witnesses refuse to take part in stoning the perpetrator, the punishment will be dropped, as this would be considered a sign of them taking back their testimony.

If the crime of fornication is carried out by an individual who does not qualify to be in the above category, then the punishment is that he/she will be given 100 lashes. These whips and lashes will be spread over the body, avoiding the head, face and the private parts. A pregnant woman will not be whipped until she gives birth to her child and after her post natal bleeding (nifas). However, if she is to be stoned, then this may be carried out straight after giving birth.

APOSTASY

Helping Immigrants Flee Shariah Punishment

Q – We have clients from Iran. One client came in last week admitting he committed adultery in Iran and when his mistress’s husband found out and threatened to kill him he fled the country to this country. The basis of his claim is that, should he be sent to Iran he will be stoned to death according to the Law. It was almost my job to help draft this client’s witness statement but luckily someone else in the firm did it. However I could easily get a client like this in the future. Would it be permissible to help this man prepare his witness statement and even represent him at court?

Remember that in accordance to this country’s law this is potentially a perfectly valid claim for Asylum but I am concerned that I am helping a man flee from a correct Shari’ah punishment.

Q.2. Many other Iranians come and claim asylum on the ground that they converted to Christianity and will be put to death should they be deported back to Iran. Sometimes it seems obvious that these guys are converting in order to get into the country (nauzubillah). I’m worried that if I help these guys and they are successful then it will help create a precedent to follow for other desperate Muslim Iranians.

Would it  be permissible to aid such asylum seekers if (a) they are genuinely Christian and are fleeing form the Hadd Punishment; and (b) they are Muslims who we SUSPECT   (from his very poor knowledge on Christianity and vagueness in answering qs) are lying and making up a story in order to get in.

3. If these are Muslims who are saying they are Christians in order to get in the country (but really do not believe in it) are they committing Kufr?

Answer –

There are three aspects to your question:

a) To help an individual flee Hadd punishment enforced by committing adultery, and assisting him in getting an asylum in another country,

b) Helping one in fleeing from a Hadd punishment incurred because of apostasy (Ridda),

c) Assisting those who convert to Christianity merely to receive asylum and a British passport, but they do not convert in reality.

As far as the first situation is concerned:

The Fuqaha are unanimous on the fact that, if the case of an offender (in offences which are the right of Allah, such as apostasy, adultery, etc…) is brought to the courts, the punishment will not be obviated, even if the guilty person repents.

Imam Malik (Allah have Mercy on him) relates in his Muwatta’ from Zubair ibn al-Awwam (Allah be pleased with him) that he said:

“If the case of the offender is taken before the Judge, then Allah’s curse is on the one who intercedes and the interceded.” (2/398)

Also in Muwatta’, Sunan of Ibn Majah and others, it has been mentioned:

“The Companion Safwan ibn Ummayah (Allah be pleased with him) took a thief to the Messenger of Allah (Allah bless him & give him peace) and the order of amputating his hand was given. Safwan said: “I did not intend this O Prophet of Allah; he can keep what he stole.” The Messenger of Allah (Allah bless him and give him peace) said: “You should have forgiven him before you brought him to me.” (Muwatta’ of Imam Malik, 2/398)

It is thus clear from the above that it is impermissible (haram) and sinful for an individual to flee from the Hadd punishment that he deserves. (Radd al-Muhtar of Ibn Abidin, 3/154)

As such, assisting one in evading the punishment will also be unlawful, as Allah Most High says:

“Do not help one another in sin and transgression.” (Surah al-Ma’idah, v: 2)

The same ruling will apply in the second situation (apostasy, see above), as it is not permissible for a Muslim to leave Islam. Therefore, assisting in evading the legal consequences of apostasy will not be lawful.

As far as the third situation is concerned, where an individual claims to be a Christian in order to enter a Western country, I would like to say the following:

Islam is a great gift from the Almighty Creator. It is far more valuable than this world and whatever is contained therein. If one uttered disbelief (kufr), then he/she will come out of the fold of Islam. Only the situation of true and dire compulsion is exempted, as Allah Most High says:

“Except under compulsion and his heart remaining firm in faith.” (Surah al-Nahl, V: 106)

It is stated in al-Fatawa al-Hindiyya:

“If an individual uttered disbelief with his own will (i.e. without being forced and compelled) and his heart was content with Iman, he will still be regarded as a disbeliever (Kafir).”  (al-Fatawa al-Hindiyya, 2.309)

This is the reason why according to the majority of the Ash’ari and Maturidi theologians of the Sunni way, pronouncing the Shahadah verbally, is normally a condition for a person to be considered a believer, as discussed in the major works of Islamic beliefs (aqida), such as Imam Taftazani’s Sharh al-Aqa’id al-Nasafiyya and its numerous super commentaries (Hawashi).

How can a Muslim even consider renouncing and leaving his religion and way of life (Deen) in return for worthless and fleeting worldly gains! It has been mentioned in al-Fatawa al-Hindiyya:

“If a Christian converted to Islam and thereafter his father passed away. If he said: If only I had accepted Islam after his death, in order to inherit from his father’s wealth, he will be committing disbelief (kufr).” (al-Fatawa al-Hindiyya, 2/286)

It is thus clear from the above that, to leave your religion in order to get into a country is an extremely offensive and outrageous act and considered disbelief (kufr). To assist and aid such people will also be unacceptable, impermissible, and highly sinful.

WOMEN

Behaviour and Conduct of Men Outside

Due to the above verse and other similar texts of the Qur’an and Sunnah, it is generally advised that women should not come out of their homes unnecessarily. However, if there is a need, then there is nothing wrong in emerging out of the home, provided all the rules of Hijab are fully observed.

Therefore, Islam encouraged women to remain in their homes to prevent unnecessary intermingling with men. The reason why this restriction was not placed upon men rather than women is that, as mentioned earlier, men have the responsibility of providing for the family. As such, it was necessary for them to go out and earn, whilst their women may stay in and look after the household affairs.

Islamic Guide To Sexual Relations (PDF)

Despite the fact that each spouse is religiously obliged to fulfil the sexual needs of the other, there is a slight legal difference between the husbands’s and the wife’s right to demand sex. The husband can demand sex through a court of law and is generally expected to take the initiative, and the wife must consent to his demand unless there is a genuine physical excuse or Sharia-countenanced impediment. However, in the case of the wife, even though it is religiously obligatory for the husband to fulfil her sexual needs, she cannot demand this through a court of law after he has had sex with her at least once since being married.

This distinction comes about because of various considerations, including the difference in the nature of male and female sexual desire, the husband being the head (amir) of the family, and the consideration of how each party’s “demanding” would affect marital relations. In other words, a woman does not have an explicit right to demand sex in the same fashion of a man; but this distinction exists merely because of the inherent differences between the sexes.

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