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An Inheritance Case

03.02.2010 MY UNCLE (MOTHER?S BROTHER) PASSED AWAY (IN MADRAS, INDIA) LEAVING A WIDOW, 4 SONS(A,B,C & D), 4 DAUGHTERS & ABOUT 12 PROPERTIES, OUT OF WHICH : ONLY 2PROPERTIES ARE IN THE NAME OF HIS 4 DAUGHTERS (ONE PROPERTY EACH IN 2DAUGHTERS? NAMES, & 1 PROPERTY IN THE NAME OF WIDOW WITH THE DECEASED'S VERBAL INSTRUCTIONS TO HIS WIFE TO "GIVE THE PROPERTY IN YOUR NAME TO THE OTHER 2 DAUGHTERS.")tHE DAUGHTERS? ECONOMIC CONDITION IS NOT ALL THAT GOOD & THEY HAVE THE LIABILITIES OF THEIR OWN DAUGHTERS GETTING MARRIED OFF.FOR THE BALANCE 9 PROPERTIES IT IS ALL A MIX-UP, DETAILS GIVEN BELOW.MOST OF THE PROPERTIES ARE IN THE NAMES OF HIS SONS A&B (1) 1 PROPERTY IS JOINTLY IN THE NAMES OF WIDOW, SON A & SON B (THIS IS THE MOST EXPENSIVE OF ALL THE PROPERTIES THE VALUE RUNNING IN CRORES, SOME OF THE OTHER PROPERTIES ARE ALSO VALUED MORE THAN A CRORE OF RUPEES. (2) 1 PROPERTY IS JOINTLY IN THE NAME OF THE DECEASED, SON A & SON B (3) 1 PROPERTY IS IN THE NAME OF SON A (4) 1 PROPERTY IS IN THE NAME OF SON B (5) 1 PROPERTY (in a town near their village) IS IN THE NAMES OF SONS A & SON B (6) 1 PROPERTY IS IN THE NAME OF THE DECEASED ? THIS PROPERTY, THE SONS & THE WIDOW SAY THAT THE DECEASED HAD VERBALLY INSTRUCTED THAT THIS PROPERTY IS ONLY FOR HIS (THE DECEASED?S) MALE GRANDCHILDREN BORN TO HIS SONS ONLY (THE BENEFICIARIES IN CASE ARE 3 SONS OF SON B & 1 SON OF SON C ONLY AS SON A DOES NOT HAVE A MALE CHILD & SON D IS NOT MARRIED YET) & HENCE NO SHARE FOR ANY BODY ELSE IN THIS PROPERTY. THIS IS ALSO A HIGH VALUE PROPERTY. (7) 1 PROPERTY IS IN THE NAME OF SON C (8) 1 PROPERTY IS IN THE NAME OF SON D (9) THERE ARE IN TOTAL ABOUT 30 ACRES OF LAND IN THEIR VILLAGE WHICH ARE IN THE NAMES OF ALL EIGHT CHILDREN BUT NOT IN UNIFORM PROPORTION, DIFFERING IN AREA. FOR THE LANDS THE BROTHERS CLAIM THAT THEIR FATHER HAD INSTRUCTED THEM TO GIVE Rs 5 LACS EACH TO 4 OF THEIR SISTERS FROM THE SALE PROCEEDS OF THEIR PROPERTY (ITEM7 ABOVE) NEAR THEIR VILLAGE (IF & WHEN IT IS SOLD) IN RETURN OF WHICH THE 4 SISTERS HAVE TO DISCHARGE THEIR RIGHT TO THE LANDS IN FAVOUR OF THE 4 BROTHERS.APART FROM THE 2 PROPERTIES MENTIONED ABOVE THERE IS NOTHING IN WRITING FOR THE 4 SISTERS.THE VALUE OF THE 2 PROPERTIES IN THE 2 DAUGHTERS? NAMES & THE ONE IN WIDOW'S NAME & WHICH IS SUPPOSED TO BE FOR THE OTHER 2 DAUGHTERS IS NOMINAL.THE VALUE OF THE OTHER PROPERTIES IS QUITE HIGH.THE DAUGHTERS? GRIEVIENCE IS: 4 SISTERS HAVE TO SHARE ONLY 2 + (1?) PROPERTIES OF NOMINAL VALUE, WHERE AS THE BROTHERS HAVE THE BENEFIT OF HIGH VALUE PROPERTIES.THE SONS ARE CLAIMING THAT (i)WHAT THEIR FATHER DID IS CORRECT (ii) ARE UNWILLING TO DIVIDE ALL THE PROPERTIES ACCORDING TO SHARIAH PRINCLES OF MALE/FEMALE RATIO OF 2:1(iii) THEY SAY THEY?LL TRY TO HELP AT THE TIME OF THEIR NIECES? WEDDINGS.I?LL ALSO ADD THAT: - THE DECEASED HAD 2 WIVES: - 1ST WIFE (WAS THE ELDEST SISTER OF THE PRESENT WIDOW) PASSED AWAY (A FEW DAYS AFTER CHILDBIRTH OF 4TH GIRL CHILD) DECADES AGO(NO PROPERTY IN HER NAME )LEAVING 2 SONS (A &B) 2 DAUGHTERS(1 PROPERTY IN EACH DAUGHTER? NAMES) - 2ND WIFE (WIDOW)NOW ALIVE HAS 2 SONS (C & D)2 DAUGHTERS(THESE 2 DAUGHTERS HAVE NOTHING IN THEIR NAME APART FROM THE 1 PROPERTY WHICH IS IN THEIR MOTHER?S NAME & WHICH IS SUPPOSED TO BE THEIRS) - ALL CHILDREN ABOVE 21 YEARS OF AGE - ALL MARRIED EXCEPT SON D DEAR SHAYKH, I IMPLORE YOU TO PLEASE LOOK INTO THIS & SUGGEST A SOLUTION IN THE LIGHT OF QURAN & SUNNAH WHICH INSHALLAH WILL BE A SADQA JAARIAH FOR YOU, AS THE 4 SISTERS ARE SO DEJECTED & LOST ALL HOPE APART FROM THE HELP OF ALLAH. THEY LITERALLY SAY THERE IS NOBODY TO HELP THEM. I HAVE TAKEN THIS UP BECAUSE I HEARD THE LAST PARTING WORDS OF THE PROPHET(SAL) IN ALI?S(RA) EARS 'Uushiikum bis salati, wa maa malakat aimanuku - take care of the saalat and take care the weak people among you.'I CONSIDER MY 4 COUSIN SISTERS WEAK IN THE PLIGHT THEY FIND THEMSELVES IN. HENCE PLEASE HELP THEM.DEAR SHAYKHI THINK YOU WOULD WANT TO KNOW MY UNCLE?S ?GIFT ? ELEMENT OF HIS PROPERTIES. TO THE BEST OF OUR KNOWLEDGE NONE OF HIS PROPERTIES WeRE GIFTS TO HIS CHILDREN. THOSE DAYS TAXATIONS WERE HIGH & HE WAS WORKING IN A PRIVATE COMPANY. HE MUST HAVE BOUGHT THOSE PROPERTIES IN HIS CHILDRENS? NAME AS AN ?ARRANGEMENT? FOR LEGAL TAXATION REASONS WITH A POSSIBLE NIYAH TO BUY LATER IN OTHER CHILDRENS? NAMES, ALLAH KNOWS BEST. IN FACT, THE CONCEPT OF GIFTING A PROPERTY TO ONE?S OWN CHILDREN IS NOT HEARD OF IN OUR PART OF INDIA. IT?S AN OPEN SECRET THERE THAT PEOPLE BUY PROPERTY IN THEIR CHILDRENS? NAMES FOR REASONS OF TAXATIONS.I WOULD LIKE TO ADD HERE THAT SINCE I STARTED ASKING FOR THE RIGHTS OF THEIR OWN 4 SISTERS, THE MOTHER CURSES ME A LOT & THE 4 BROTHERS VIEW ME IN VERY POOR LIGHT & THINK I AM SOWING DISCORD BETWEEN MOTHER, BROTHERS & SISTERS.MAY ALLAH REWARD YOU FOR YOUR GUIDANCE.SALAMUALAIKUM,USMAN BASHA

A Muslim Facing difficulties with His Family

  AlSalaam AlikumI am the eldest of six children, 3 boys and 3 girls.  I live away from my family while 5 live with or close to the family.  Due to my mother's and father's ill health I've been paying for their medicines for some time, soon thereafter I'm paying for a maid, then a cook to help my mother, then finally for a driver who serves my parents and 4 of my siblings needs.I am retired.   My five brothers and sisters contribute nothing but benefit from my contributions to my parents without paying a cent for the medicines, maid, cook, or driver.  My mother prefers me paying than asking them to contribute anything.   All of them make good incomes and can easily pay for all expenses for the maid, cook, and driver.   I don't want any disruption in their medicines so I want to continue with that. My siblings are selfish in this regard in addition they don't treat my mother with the obedience and respect she deserves.  Not only the amount I pay, close to $7,000 is expensive to me, but in addition my siblings are disrespectful of me as well as well as to my mother.I feel that I should only pay for the medicines for both parents and the cook which is most important to my mother and let them choose to pay or not for the maid and driver.   Neither of my parents ever leave the house so the driver is not important to them directly.All five can easily pay for everything but all I want for them is to share with the expenses of the maid and driver which is still less than I would pay.I'm hurt by them on how they neglect my parents, especially my mother, how they are unhelpful to her and often disobey and ignore her.Can I stop paying for the maid and driver and let my siblings handle that situation or should I continue paying for everything which is an emotional burden for me.Two sisters live with the parents and handle all the retirement income of my father's, my mother is so depressed from them that she doesn't want to handle the money anymore.   One married sister lives in the first floor of the house and pays no rent.   A brother lives in  a room outside of the house.  My other brother lives alone and makes an excellent income, buying a huge piece of land, built a big house, sends his children to an expensive private school, and lives in a big house that his company pays the rent.Please help me in this dilemma, can I cut my financial help and put the responsibility on all of them to pay for the maid and driver?Forgive my long question but I pay the entire money in a few months for the year and I need to know your answer.Jazakum Allah Khairan

Difference of Recitations of the Qur’an

Dear scholars: Please help me. My question has two parts. Part1 is most important for me, so please if you don?t have time only answer part1. Thanks a lot and may Allah (SWT) reward you for all of this. Part1: In the chapter 43 of Holly Quran verse 19 we read ?Ibaad? in Hafs version but in Warsh version we read ?Inda?. Those are two different words with different meanings. So which one was revealed to prophet Muhammad (P.B.U.H). There are more examples like this in chapter 7 verse 57, in Hafs it is Bushra(good news) however in Warsh it is Nushra(to disperse). Also some words like ?Waw? only appears in Hafs while not in Warsh. Please know that I have done research on this topic and I know of different recitations but let me put it this way: a Muslim from Algeria who has Warsh version and a muslim in Pakistan who has Hafs version, both of them believe that Allah (SWT) has protected this Holly Quran but one has ?Ibaad?(servants) and another version has ?Inda?(at) so which one came from Allah(SWT). I do agree this is not a major difference but none the less these are different words with different meanings. Part2: Now regarding different recitations, I know of that Hadith of incident between Umr and Hisham, but the problem is how Umr who was very close to prophet didn?t know of any other recitations, becau se Hisham accepted Islam on the day Makkah was conquered, also Umr and Hisham belonged to the same tribe: Qurayesh. In any case, I am a muslim and believe that none of those differences make any difference in the meaning. Thanks again for your help.

How Can a New Convert Call to Islam?

Respected scholars and brothers in Islam, as-salamu `alaykum wa rahmatullah.Our Ummah is growing, praise be to Allah. Two weeks ago, three sisters converted to Islam, al-hamdu lillah. Although this is very common in some places like France, here in Portugal it is not the same. I converted to Islam four years ago, but I feel that I am a Muslim from the first day of my life. It is as if my past faded away like a dream. Thanks be to Allah, my path to Islam was very smooth. Almighty Allah has always put the right people at the right time and place during my whole journey into Islam.Right from the beginning, I started wearing hijab, though gradually; first only at mosque, then with my friends, then at university, etc., till I got used to it all the time and I still wear it when required. It was a great test from Allah; many times, I had to choose between obeying my family and being committed to my faith. Fortunately, I always chose faith, and Allah rewarded me with my family later. They all have now learnt to respect my decision to embrace Islam, even though they haven't accepted it yet. The relationships between me and my relatives, especially my parents, have never been as close and happy as now. Al-hamdu lillah.My question is: I feel that everything was made easy for me, even with the many periods of suffering that only drew me closer to God. But because of this feeling and the feeling that I've been a Muslim all my life (whenever I remember bad things of my past, I seek refuge in Allah from the accursed Satan and my bad memories, and then they all fade away as if they were dreams), I have some trouble talking sisters into Islam. It all feels so natural to me that sometimes I don't know what approach is best, like when there are boyfriends and girlfriends involved or when new Muslims feel very reluctant to hijab and say that they simply can't do it or they will lose their jobs, or other things like that. Also, there is salah; I started to learn it very gradually, but because of my enthusiasm, I think I learnt it quite quickly — about six months to do it all by myself, including the prostration of forgetfulness or when we arrive late to congregational Prayers, etc. Al-hamdu lillah. But older sisters have a huge problem with Arabic. Some do salah in their mother tongue and are a bit careless with its times, because of being at work or not wanting to be seen by others at home, etc.another question, how far can we go in our struggle between fear of fitnah and practice of our religion? Pressures are numerous, like when our families break up with us if we use hijab inside home because of the presence of cousins or male family friends (who grew up with us and are family members, too).Jazakum Allahu khayran.

Father Rejects Cousin Marriage

As-salamu `alaykum, wa rahmatullahi wa barakatuhInshaAllah you will understand my question, because my English is not perfect. My father has not been in my life since I was 8 or 9 years old. He was in prison since 1995. When I was 15 years old my father came home. He stayed a month at home and divorces my mother. My father didn't do anything for us. He did not pay our clothes or feed us or be there like a father. My mother did everything for us! She was al by her self. Now my father married another woman and left us with our mother to survive in a country where we barely had enough food to eat. Although my mother is not married to him.Now my father lives in Morocco and sometimes he came to the Netherlands for a couple of weeks. He never has paid any alimentation ore something like that. He never call us ore ask how we are. We are calling my father once in a wile.now I am 23 years old and in a few months I will be getting married, and everyone, including my mother is telling me that I need his permission to marry. Well I have called my father and told him that I want to married my cousin. My father did not accept that because in the year 1970 there was an uncle of my father and an uncle of the father of my cousin. They had a fight and the uncle of my cousin had killed the uncle of my father. In that time my cousin was not even borne en the father of my cousin did not do anything.I think it is not fair that my father hates them because someone else in the family did something bad. I told my father that my cousin is a good Muslim and also his father and they all are innocent. What those men have done is between Allah and them!Well, my father told me that I have to choose between him ore my cousin. And if I want to married my cousin my father will band me and not see as his daughter.My father had never been there for us. I don?t know what to do. Does he still have the right to interfere in our lives???Is it sinful for me to refuse and say that he has nothing to do with my wedding? Am I allowed to appoint someone to give me away? I have 3 brothers and many uncles (al-hamdu lillah). Can any one of them give me away? I do not want to follow for his permission. I do not believe he deserves such an honor. Please tell me what to do, I am real confused! Can you also give me some dellil (proof) ???Jazakum  Allahu Khayran.

My Husband Is Away: What to Do?

Respected scholar,as-Salamu `alaykum, My husband and I currently reside in different countries and have been apart for 4 months. Before we consummated our marriage, I applied for my husband to become a Canadian citizen and waited for its approval. When the application took longer my husband decided to come to visit and we decided to have the wedding ceremony since he will be staying for about 2 months. He currently resides and works in the Middle East. Before he leaves I asked him how long he would be away after our application has been approved and his reply was: ?5 months? (at the beginning we were informed that there is a limits of 6 months since the issue of the visa for him to arrive in Canada).  Come February, Alhamdulelah, the application was app roved, when I called my husband I felt in his voice that he wasn?t happy, and when I confronted him he said that ?yes? he wasn?t happy because he needed more time. When the approval came it had a deadline of 11 months and not 6 months, but I lied to my husband knowing that he might want to take longer to come. When I heard his reaction my suspicion was confirmed, and he asked me if I could ask my lawyer for an extension of another two months, after long hours of debate, I felt that Allah might have given him this time in order to get ready and its Haram for me to deprive him of a gift given from Allah. So I told him the truth, and asked him again when he would come. His reply: ?End of July, I don?t want to spend Ramadhan without you?. I keep telling him that I miss him and needed him to be with me but with no success, and when I asked him again when he will be coming, his reply: ?I?m not sure it all depends on my circumstances?. He keeps delaying and I?m scared of falling into sins. Whenever I see couples I wish my husband is here and feel envy, I try my best to walk around with my eyes lowered so that I don?t commit any sin. Come today, he tells me that I should prepare myself that he will be coming October. It will be a year that we spent apart and he can?t come for a visit because it would cost him a month?s salary. His aim in staying in his country is to save money for us and his parents, and my ticket to going to his country is double the cost for him to come see me. I currently live with my parents who kindly finance me still, my husband didn?t send any to help finance me, although he did mention that he left aside the monthly budget for his parent, brothers and sisters. My conditions before our marriage were; to live together once we are married and that I wanted him to come to Canada. He agreed on both but never met them. I don?t want to resort in divorce.  I live in a state of insecurity and depression. Confused of whether I?m being abandoned or blowing things out of proportion or asking too much of my husband. In Islam, what is happening to me is fair? Am I blowing things out of proportion by feeling depressed angry and empty? What I can do to ease the pain and how can I be a better Muslim?thank you in advance and apologies for the long message. muna

How to Repent to Allah?

i am dying every minute please help me please.... i don knw hw i became so bad.. i was so innocent never knew anything.. even after i fell in love though he used to keep saying i never wanted. i never enjoyed anything sexual.. but i did many wrong things that i canno t even breathe properly now and one night also did so many wrong things i cant even imagine that i did...i did not hav sex but i did wrong things. we have been in love since 6years.. he is a non muslim ..earlier i had repented but again did wrong but after that night wen i did the most wrong tings for which i started repenting we both never even talk anything dirty now...i have been repenting crying and i have not repeated that sin and i never ever will repeat.but things done will always be there in my record.. he has started attending sessions for conversion to marry me... he says there is forgiveness.. but still i am never havin peace.. i pray thahajjudd daily i fast every monday and thursday i fasted 9 ,10 and 11 of muharram n arafa day i pray al sunnahs and al duha... in the morning i read yaseen and hashr in the evening i read mulk hashr sajhdha dhukhan and yaseen thursday eve i read al kahf..before sleeping i read the last ten verses of al kahf..i say many dhikrs also but i jus cant wear hijab i don wear revealing but i cant wear hijab ... so wen i pray and do all these extra things i think there wil be no use cos i am not wearing hijab and i did sins in the past.. i want to do an umrah.. but i want to marry him first.. my parents like him and he also likes them a lot but they are not ready for this cos they are saying family and stuffs.. but i don want to marry anyone else.. now they have asked me to go to him cos i am wasting my life sitting and crying al the time but i cant live witout them also.. so i am staying with them and hoping they will accept..i am feeling sad that i am making them also so sad but i cannot marry anyone else and spoil his life because i won be able to love him.. i want to know if i wil ever be considered same lik other gurls who hav not done any sins.. i read that umrah removes all your sins so iwant to go but don know when it will be possible.. but still the sins will be there in my record right.. it wil never go even if i do umrah..this ramadan first time i m reading the meaning of quran and i read those who are away from unlawful sexual acts for them there is forgiveness and a great reward .. so whatever i do its always there in my record and it will never go and i feel so miserable ashamed of myself cant even look at my parents face thinking of what i did it cant be undone also how much ever i think i wish i hadnt i regret.. i want to give sadqah also but since i am staying with parents nw its not possible.please help me due to my previous sins and cos i am not wearing hijab will al those good deeds go futile. i always get evil thoughts sayin no use of you doing al these cos u r not wearing hijab and you did sins in the past . i read that reading last part of al imran daily is good so i hav started that.then i read that after fajr til sunrise if u sit and then pray u wil get reward so i m planning to do that once a month. i am always lukin wat al gud tings can be done but still cant wear hijab..so i m so scared.and not oly that major sins also keeps haunting me that i cant live at all..i m crying and tensed always thinking i will go to hell?

Illegitimate Child, Can Be Ascribed to His Father?

aslaamu alikum, im 24 i know i have made a great sin which i have repented and i hope allah will forgive me for, which was committing fornication with a christian woman and in result a kid was conceived, by the way the kid is now 4 and i have been in his life since he was born because i thought it was my obligation to raise and take care of him, and so he knows me as his dad, and now after studying my deen a little bit more i find out by shiria law that i have to relation to him. so then my question is, is it permissible for me to continue being in his life and just except in my heart and in my mind that in islamic law he is not my son and i cant nor can he inherit from me? the reason i ask is because i know it really would be devastating to tell a 4 year old child that im no longer is father, or to just stop seeing him, i have raised him as a muslim and his mother respects and accepts that, and also living in the united states even if i was just to one day cut off ties with him his mother could find me through the government and make me pay child support instead what im doing right now which is sending him money and visiting him at least every other month, so please help me with this very difficult situation and please make it a personal fatwa that would help me in this confused state that im in, so that i wouldn't have no more questions, and i say personal because now i do know the islamic ruling on children born out of wedlock, but i also know that scholars can give either an ummah or a specific person a fatwa that only applies for him or them, so once again please help me and may allah reward you, thank you

An Evil Site Casting Doubts

Assalamoalaikum,I need your help. The other day while I was surfing the net, I came across this site (www.free-minds.org) which at first was looks like any other islamic site, but while I browsed it, I was completely shocked with the content, especially the following url (http://www.free-minds.org/node/214) where there is a pdf file WhichQuran (http://www.free-minds.org/sites/defau lt/files/WhichQuran.pdf) I am a simple sunni muslim and know the basics of islam and have tried to be a good muslim, one of the basic I grew up was that since Quran is the last revelation, Allah himself has granted us to protect it, otherwise new generations can?t be held accountable if they don?t have the original Quran. But if it can be shown that Quran has versions in which even the meaning of words become different, then I don?t know which Quran to believe.Using my common sense I have come to conclusion that since when Quran was revealed there were no ?helping signs? which were later added to facilitate the reading so many objection even though can be pronounced different like Q-A-T-I-L or Q-O-T-I-L at least they are written the same way and it can be easy to figure out the meaning looking at the context. The problem is that there are words missing in Warsh like ?Waw? which are present in Hafs.But there are some words like in 43:19 where in Hafs version the word is ?Ibaad? but in Warsh the word is ?Inda?. What I think is that the correct word is ?Ibaad? but since just changing the dot above you can change ?Ibaad? into ?Ind? so perhaps this is just a mistake, but maybe originally when Quran was revealed there was no dot, so we have the exact same word?.perhaps same can be said about 7:57 where in Hafs it is ?Bushra?(good news) and in Warsh it is ?Nushra?(to disperse) the thing is that just by changing dot above or under one can make one word or other, however we still have the original word?.and dots were added later?Please read the pdf link and try to write an answer which settles this once and for all, because for simple muslims like myself it really is very disturbing to even think that God failed in his promise of preserving the Quran.Thanks a lot.

Shaking hands between men and women at Workplace

I am having some problems at my place of work. I am not sure if I should work here or not.My colleagues are quite understanding of Islam and they take care they dont offend the religion. My colleagues drink and party. However, they are very nice and trustworthy people. When I have training sessions, my seniors use alot of examples to illustrate  concepts that go against islamic belief;they crack jokes based on girlfriends and alcohol,they use philosophies and proverbs from other religions etc. They discuss these issues without hesitance because it is normal to them.  I have difficulty digesting these ideas and thoughts. Our meetings are informal where men and women interact. My work includes alot of communication with my team members which consists of men and women. Is it permissible to shake hands with my female colleagues? Is it ok if I work in such an environment where a great deal of the communication is with females ? Once i had to attend a seminar before juma prayer. This seminar started off with music and the host encouraged the whole crowd to dance to the music. This went on for half an hour where I was compelled to clap because everyone was clapping and dancing, but i did not dance. I have utmost respect for my seniors as they are very experienced in the field, very helpful, and extremely motivational. They treat me with respect and dignity. They dont force me to drink nor dance in their parties.the company also organizes regular outings where men and women interact very informally. I feel uncomfortable acting like this or just giving them the image that i am okay with it.I just feel left out sometimes, de spite me having a very good relation with all my colleagues. I have  amazing earnings from this company financially and intellectually.  All in all, is such a place advisable to work in?