Question & Answer Session
By Shaykh Muhammad al-Maliki حفظه الله
on Saturday, December 29th, 2007

The Shaykh started by praising Allaah and sending salaat and salaam upon the best of creation, the Messenger of Allaah صلى الله عليه وسلم and those who follow his Sunnah.

The favours of Allaah سبحانه وتعالى upon us

Dear Brothers and Sisters, we all know the ni`mah (نعمة – grace, favour) that Allaah تعالى has bestowed upon us with regard to the guidance that He تعالى provided us:
  1. Guidance to Islaam
  2. Guidance to practicing
  3. Guidance to the proper manhaj (methodology) of the Prophet صلى الله عليه وسلم, the Sahaabah (Companions), the students of the Sahaabah and the proper Scholars
  4. The ni`mah that Allaah has bestowed upon us by the Hajj and what is brings about from forgiveness of all previous sins. Also, for those who did not perform Hajj but who fasted on the Day of `Arafah, Allaah تعالى forgives them all their sins of the previous year and the coming year.

These are ni`am (graces) from Allaah which we need to thank Him سبحانه وتعالى for. We need to thank Allaah تعالى from our hearts – by having proper belief. We need to thank Allaah تعالى by our tongues – by speaking about the ni`am that Allaah تعالى bestowed upon us. We have to thank Allaah by our actions – by adhering to the correct and proper manhaj, the manhaj (methodology) of the Qur’aan and the Sunnah. That is what the Prophet صلى الله عليه وسلم left us upon, as he صلى الله عليه وسلم said in the Saheeh hadeeth: “I have left you upon a white and clear way, its night is like its day, no one misses it except one who is astray.”[1] He صلى الله عليه وسلم described it by saying “I have left amongst you that which if you hold onto, you will not be misguided: the Book of Allaah, and my Sunnah, and they both would never be found separated until they come before me, to my lake (the hawd) on the Day of Resurrection."[2]

So dear brothers and sisters, the only way to thank Allaah تعالى is to obey Him. Dear brothers and sisters, Allaah سبحانه وتعالى gave us all these graces (ni`am) only so that we should obey Him, follow His Messengers and grasp the proper `Aqeedah (belief). This is the only way to survive in this life and in the Hereafter. So brothers and sisters, fear Allaah with your health, fear Allaah with your wealth, fear Allaah with your family, fear Allaah regarding the guidance that He سبحانه وتعالى gave you so that it will not be taken away from you and then you find no one to guide you. May Allaah تعالى keep us all upon the right path of guidance - upon the Qur’aan and Sunnah.

Questions & Answers

1. Question: What is the ruling on being immunized (getting vaccinations) as the ingredients in some vaccines are haraam (unlawful). They may contain pig, blood, and human or animal body parts; for example the Chicken Pox vaccine and DPT (Diphtheria, Tetanus and Pertussis) vaccine. What is the ruling on these vaccinations?
 Answer: Generally, Islaam came to protect the body, the soul, the wealth, the mind and the heart; as such, there is a well-known saying ‘Protection is better than treatment.’ (الوقاية خير من العلاج – Prevention is better than cure). Vaccination is one means of protection and Islaam calls for that. As we all know, at the time of the Prophet صلى الله عليه وسلم, there was no vaccination, but there were some ways of protection (against disease) like quarantine. The Prophet صلى الله عليه وسلم said: “Do not put a patient with a healthy person and the healthy person should not be placed with an ill person.”[3] This was in order to control the spread of the disease. He صلى الله عليه وسلم said: “If there is disease (plague) in a land you should not enter it (so as to catch it), and if you are in it, you should not leave it.”[4] Even if you are not ill (you should not leave the land) because you may carry the virus. From that, the `Ulamaa' have determined that in this time when Science has become advanced such that they have found some means of protection, like vaccines; they say that vaccinations are permissible as it is a way to protect mankind. And Allaah knows Best.

2. Question: I would like to know if it is permissible to pierce the nose (have a nose ring) to be pretty?
Answer: Allaah سبحانه وتعالى said:
أَوَمَن يُنَشَّأُ فِي الْحِلْيَةِ وَهُوَ فِي الْخِصَامِ غَيْرُ مُبِينٍ
{... a creature who is brought up in adornments (wearing silk and gold ornaments, i.e. women), and in dispute cannot make herself clear?} [Az-Zukhruf 43:18]

The woman is described as a person who has been raised up (grew up) being beautified with jewellery and adornments, while she is not seen where people argue and run businesses i.e. in the markets.

Allaah تعالى describes the woman as someone who enjoys jewellery. Jewellery including gold is allowed for the Muslim women. It is permissible for the Muslim women, but it is not permissible if it is an imitation of the Kuffaar (the non-Muslims) or the fussaaq (فساق) i.e. the people of deviance or the sinners. However, if it is common, then it is permissible. As we know, earrings, bracelets and the like, are jewellery common to all women of the world – Muslims and non-Muslims. As for the nose ring, it is not known as jewellery of the Muslim woman. This is why some `Ulamaa’ say that it is not permissible for the Muslim woman to pierce her nose and put a ring in it. This is unless it is a clamp-ring which can be clamped (to the nose) without piercing being required; in this case it is permissible. And Allaah knows Best.

3. Question: A sister asked: My husband has had a drug problem in the past. One day he was very high and we got into a very bad argument that resulted in a prompt pronouncement of divorce. He thought that it would have made it our third time. However, I am positive that he only made two pronouncements meaning he only said “I give you talaaq” (I divorce you) twice. Now, he said he wanted to make sure we were not violating the Sharee`ah (Islaamic Legislation) and I was asked to leave home, until we get a ruling.
Answer: Alhamdulillah, regarding issues of talaaq (divorce), if you were in the Kingdom of Saudi Arabia then we would have said that you need to see the Mufti. However, as long as you are in a remote place, you can contact me (the Shaykh) either by telephone or email (ilmforall@...) so that I can talk to the man and woman and hear from them both (what they say on the matter). Then I may need to raise it to the Mufti in writing and bring it (his response) to you. And Allaah knows Best.

4. Question: A brother asks: If a person has a speech impediment and he stutters such that his recitation in salaah, including Suratul-Faatihah does not come out good. He stutters and gets stuck on some words and prolong others, and his khushoo` (reverence) may be also affected due to his speech impediment. Is his salaah valid and/or deficient? What should the person do regarding this type of problem? Are there any aayaat, ahaadeeth or fataawa regarding the person with this speech stuttering problem?
Answer: Those people who cannot speak well, if they try sincerely and seriously, to perform the acts of worship as best as they can, Allaah تعالى is going to reward them twice, as in the hadeeth where the Prophet (صلى الله عليه وسلم) said: “One who recites the Qur’aan fluently, correctly, and nicely will come Yawmul Qiyaamah (on the day of Resurrection) along with the angels. But the one who recites the Qur’aan with difficulty and who cannot recite and pronounce it well, but he tries his best, then he will have a double reward.”[5] We know from this that the person with the speech impediment is not sinful because he does not intend to do this, it is accidental. So inshaa Allaah تعالى not only would he be rewarded, but he would be given a double reward for his difficult striving in his recitation and (to maintain) khushoo` in his salaah.

As regards du`aa, aayaat or ruqyah; Yes, there are ad`iyaa (supplications) and ruqyah which may help (the impediment). From them is the du`aa that Moosa عليه السلام supplicated to Allaah with:
وَاحْلُلْ عُقْدَةً مِّن لِّسَانِي {27} يَفْقَهُوا قَوْلِي
{"And make loose the knot (the defect) from my tongue, (i.e. remove the incorrectness from my speech) "That they understand my speech.} [Taa-Haa 20:27-28]

So if the person asks Allaah like Musa عليه السلام did, to make his tongue fluent and give him khushoo`, Allaah تعالى will give him that bi-idhnillahi تعالى. And Allaah knows Best.

5. Question: A brother asks: I took an interest-based loan for college, but now I regret it and know that I made a mistake. However, I would like to go to the next Albaseerah Seminar with the Scholars, and I don’t have the full amount. Is it mandatory for me to first pay off the loan or should I go to the Seminar?
Answer: If the amount of money you are going to use to attend the Albaseerah conference in Makkah, meet the Scholars, and learn your Deen could be the final payment of the interest-based loan, such that you won’t this have interest-based loan thereafter as it would have been paid in full, then you should first repay this interest-based loan. Inshaa Allaah تعالى the next year you can go with them with halaal (lawful) money.

However, in the event that you still have a couple of years to finish (paying it off), and the amount that you are going to spend on your journey to see the `Ulamaa’ and learn from them, is not going to make a big difference, and the people (who you owe the debt) are not going to cause you a problem by your not paying it, and it is not going to accumulate interest then you should attend the Albaseerah conference and meet the `Ulamaa’ and be serious in seeking knowledge during that journey. May Allaah bless you and help you to get rid of that interest-based loan. And Allaah knows Best.

Shaykh Zahid added here: Alhamdulillaah, all our Seminars are absolutely free. We don’t charge anything for our services. You would only be required to pay your fare and perhaps your accommodation. Even regarding that, we are willing to help our brothers and sisters. So brother if you are so very interested and Alhamdulillah, you are serious about seeking knowledge, we would do our best to either give you a scholarship, making your trip 100% free, or work with you towards a deadline (for payment). Inshaa Allaah تعالى, we would work with you – the money is the last thing we would be worried about about. We would hate to see money come between you and the Scholars. Money is the last thing to worry about so please contact us and we would be more than happy to assist in this situation inshaa Allaah, and the tawfeeq (success) is from Allaah سبحانه وتعالى. He حفظه الله also mentioned the start of the Intensive Courses with the Scholars in `Aqeedah, Fiqh and Tafseer in 2008, from which one can benefit without paying a penny. All these services are made available and may Allaah reward you for your intention.

6. Question: Can a husband lead his wife in prayer when he does not know some of its parts, such as tashahhud, and she knows all the parts of the salaah? Where does she stand when she prays with him – should she stand behind him or to the right of him or next to him?
Answer: First of all, it is obligatory for the men to pray the obligatory salaah in the masjid (with the congregation except in extreme cold and rain). When the Prophet صلى الله عليه وسلم said in the hadeeth, “did you hear the adhaan?” [6] it does not mean that he necessarily hears the adhaan and then goes (to the masjid). Rather, they say if he lives, or is within a distance that allows him to hear the adhaan if the mu’adhdhin raised (called) it from above the masjid, then he has to go to the masjid.

If for example, he lives in a remote area such that even if the mu’adhdhin climbs onto the roof of the masjid and calls the adhaan, he cannot hear it, or he missed the (prayer) and now he wants to pray with his wife (then we consider the following).

Firstly, the `Ulamaa’ have differed on the jamaa`ah with the wife; but the proper opinion is that the jamaa`ah is to be held. There is no problem with a man and a woman praying because the Prophet صلى الله عليه وسلم led a woman (in salaah) and he never said that this was not a jamaa`ah.

The second thing in regard to this is that whatsoever the circumstance, the woman cannot lead, even if the woman is a great scholar and the man is ignorant. The man is the one who leads the salaah. The woman cannot lead the salaah even if she knows the salaah. The knowledge of salaah is (word unclear) for him and she does it the way it should be (performed). Her salaah is correct and right and his salaah is also correct and right because he is doing his best. However, he should learn and she has to teach him. There is no shame in a man learning from his wife.

The last thing about this question is where the woman should stand when the jamaa`ah prayer is prayed with men – whether mahram or non-mahram, relative or non-relative, whatever the case. If there is only one woman, the woman stands behind the man; if there is a child (male) and a woman, the child stands on the right of the imaam and the woman behind. If there is the imaam, a man, a child and a woman, the man and child should stand behind the imaam, and the woman should stand behind all of them.

7. Question: A friend of mine is now 18 and wants to get married. She does not want her father to be involved in the marriage nor be her wali. He molested her when she was a child so she was wondering what she should do? Should she cut relations with him, would that be forbidden? She does not contact him at all, is that okay to do? She hates to speak to him because she remembers the things he did. He acts as if nothing happened and he also does not pray and he does a lot of haraam (unlawful) things. She asks for your naseehah (advice).
Answer: The Shaykh asked if she is a legitimate daughter of this man or not? Shaykh Zaahid answered by saying: Allaah know best, this is what was mentioned in the question.

It is well known that in the West that there are a lot of wrong relations which result in pregnancy and children. The children from these illegitimate relations are not considered to be the man’s children and they should not take his name. But, at the same time they cannot marry any of his sons for protection.

In the case where this woman who has now reached 18 years old, is the man’s illegitimate daughter, then she needs to know that he has no rights upon her. She should not act as his daughter and he is not her wali; she should not respond to him in any way (as a daughter). If she responds to him as a Muslim, that’s a different thing but not as a father. She can marry without his being the wali or even attending the marriage. This is if the daughter is illegitimate.

However, if she is a legitimate daughter, where there was a contract and marriage between the man and woman (parents), but he just ignored and left them and they didn’t know anything about him or he did not even take care of the daughter, then we say this would be one of two (types of father).
  1. The first is that he is someone who did not take care of his family and he just looked after himself and enjoyed himself. Maybe he married another wife, and left the mother (previous wife) and daughter without any care from him. In this case, we say that if this man returns and acts as a responsible father, then she has to obey him and have good relations with him as a daughter to her father, and she cannot marry except with his permission and with his being the wali.
  2. But if this man did not take care of her and continues like this until now, then he is still her father but he has no rights other than good relations. If she wants to marry she can take another wali like her uncle, his (the girl’s father’s) brother or his father, or her mother’s brother or father but she has to have a wali from amongst her mahaarim who are Muslim. If she has no Muslim mahaarim or her mahaarim refuse to act as her wali, then if she is living in a Muslim land she takes …
***** Break in transmission *****
We said that if this is her legitimate father who didn’t take care of her since her birth until now, then he is one of two types of fathers:
  1. A father who returns and realizes his responsibilities and regrets the mistakes he committed by abandoning his family and he returns. We say that he has full rights – he is the wali and a father who should be respected. She has to deal with him very respectfully.
  2. But, if he is a father who abandoned them since she was a little girl and now that she is a woman, he is still ignoring them, then the `Ulamaa' say that he has no rights upon this girl except for good relations in the dunya (worldly life) and his rights of wilaayah (guardianship) have gone because he did not take care of her. She has to take a wali from amongst her mahaarim – like her uncles, brothers etc.
And Allaah knows Best.

8. Question: What is the ruling on filming and videotaping, and in which cases is it permissible?
Answer: With regard to filming, videotaping and photography, let us return to the original form which is photography; the `Ulamaa’ (Scholars) have differed in this matter. The reason they hold different opinions is based on the hadeeth where the Prophet صلى الله عليه وسلم said: “The curse of Allaah is upon the musawwireen.”[7] The word musawwireen (مصورين) in Arabic originally meant those who paint pictures of living beings like mankind or animals. This was the original (meaning of the word) soorah (صورة). However, the Arabs of today, when they saw the camera and how it projects pictures and photographs, they named the photograph ‘soorah’ and the photographer ‘musawwir’; to my understanding this is wrong. They even call the photocopy machine ‘soorah’, whereas it is not (really) ‘soorah’ as it copies, and in Arabic the (word) copy is nuskhah (نسخة). The problem stemmed from that aspect and that is why some of the `Ulamaa’ say that photographs are haraam and the one who takes photographs is cursed as in the hadeeth.

Some other `Ulamaa’ like Shaykh Ibn Uthaymeen رحمه الله who looked very deeply into the issue, determined that this is not the ‘soorah’ that is mentioned in the hadeeth. It only holds the shape of the figure like a mirror does, so they say this not haraam (forbidden). The advice is to leave it if it is not needed; but yes, they say that it is not the ‘soorah’ referred to in the hadeeth.

Some other `Ulamaa’ also named the one who videotapes as ‘musawwir’ and they say that this is even worse because you can see men and animals walking etc. In my view, this is not the proper opinion from amongst the opinions of the Scholars. The proper opinion is that this is not a ‘soorah’ and the one who videotapes or films is not a ‘musawwir’ even if the Arabs of today call them ‘musawwir’. Allaah knows best if the Arabs at the time of the Prophet صلى الله عليه وسلم were alive today if they would not call it ‘musawwir’. This is because the Arabic language is very specific – more specific than the English language; and in English we have the terms ‘painter’, ‘photographer’, and ‘one who videotapes’. In English there are different names for them but Arabic is more specific than any other language. As the early Arabs (at the time of the Prophet صلى الله عليه وسلم) did not see (these instruments – camera, videotape etc.) they did not give them names. However, the Arabs of today, when they saw them, they named them ‘soorah’ and ‘musawwir’, and then they implemented the ruling based on the hadeeth to this, saying that ‘the curse is upon the one who is doing so and so’; to me, that is wrong and Allaah knows best.

The Shaykh then said Jazaak Allaahu khayran to Shaykh Zaahid,, and all those present during the session and he then gave his salaams to all. Shaykh Zaahid responded by thanking Allaah, then Shaykh Muhammad al-Maliki and the listeners. He then re-announced the `Aqeedah, Tafseer, and Fiqh classes.

References and Notes

[1] Reported by Ahmad, Ibn Maajah 1/16 (#43) and al-Haakim as part of a longer hadeeth of Irbaad ibn Sariyah. Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami (Hadeeth #4369).
قد تركتكم على البيضاء ليلها كنهارها لا يزيغ عنها بعدي إلا هالك

[2] Reported with the following wording by al-Haakim on the authority of Abu Hurayrah رضي الله عنه. Shaykh al-Albaanee رحمه الله says Saheeh in Saheeh al-Jaami (Hadeeth #2937).
تركت فيكم شيئين لن تضلوا بعدهما كتاب الله وسنتي ولن يتفرقا حتى يردا علي الحوض

[3] Reference pending.
However, the first part of the hadeeth quoted was reported with the following wording in Saheeh al-Bukhaaree on the authority of Abu Hurayrah رضي الله عنه in The Book of Medicine (كتاب الطب), Hadeeth (#5437). Also reported in Saheeh Muslim and other than that.
لا يوردنَّ ممرِض على مصح

[4] Reported with the following wording in Saheeh al-Bukhaaree in The Book of Medicine (كتاب الطب), Hadeeth (#5396). Also reported in Saheeh Muslim with a similar wording.
إذا سمعتم بالطاعون بأرض فلا تدخلوها، وإذا وقع بأرض وأنتم بها فلا تخرجوا منها

[5] Reported with the following wording in Saheeh Muslim, The Book of The Travellers’ Prayer and Shortening it (كتاب صلاة المسافرين وقصرها), Hadeeth (#798). Also reported with a similar wording in Saheel al-Bukhaaree, The Book of Tafseer (كتاب التفسير), Hadeeth (#4653).
الماهر بالقرآن مع السفرة الكرام البررة. والذي يقرأ القرآن ويتتعتع فيه، وهو عليه شاق، له أجران

[6] Reported in Saheeh Muslim as part of a longer hadeeth, The Book of the Mosques and the Places of Prayer (كتاب المساجد ومواضع الصلاة), Hadeeth (#653).
"هل تسمع النداء بالصلاة؟"

[7] Reported with the following wording as part of a longer hadeeth in Saheeh al-Bukhaaree in The Book of Divorce (كتاب الطلاق), Hadeeth (#5032).
لعن المصورين