Issues and Questions

Prenuptial Agreements, Non-practicing Parents, Zakat

By Dr Muzammil H. Siddiqi

Q 1. Are women allowed to fast after seven days of period without taking a bath (for Taharah)?
A 1. After the period is over, a Muslim woman should take a bath as soon as possible. She cannot perform her prayers without Taharah, but if the blood stops during the night and she gets up for Sahur (pre-dawn meal), she can begin her fast without taking a bath. Later, she can take a bath before performing the Fajr prayer.
Q 2. I shall be thankful if you please answer my following query. We have been told that Zakat and Sadaqah cannot be taken or consumed by anyone claiming his lineage with the Holy Prophet - peace be upon him. If this is correct, then what are the reasons for it? If it is incorrect, then how did this view originate?
A 2. The Prophet - peace be upon him - forbade his own family (i.e., Banu Hashim) to accept Zakat money. According to one Hadith, he said, "It is not permissible (halal) for Muhammad and the family of Muhammad." (see Sahih Muslim, Hadith 1784) According to jurists, the Banu Hashim who are not allowed to receive the Zakat are the descendants of 'Abbas, 'Ali, Ja'far, 'Aqeel (all children of Abu Talib) and also the descendants of al-Harith, the son of 'Abdul Muttalib. If they are in need they should be helped, not from Zakat money, but from some other funds of general and voluntary charity (Sadaqah).
The Prophet - peace be upon him - forbade his family to accept the Zakat in order to protect their honor and their integrity. He called the Zakat, which is a purification for the people, as something "dirty" (awsakh) for his family to take. The reason is obvious. It is not uncommon in our world to see that people bring charity to their leaders or to the leader's family members. They trust them that they will use this charity for the right purpose and give it to those who are in need, but sometime the people's charity ends up in the leader's own pocket and/or in the pockets of their families. Thus this good money spoils them like dirt. The Prophet - peace be upon him - was an example and he wanted to set an example for all Muslim leaders after him to be careful with people's charity and should not use it on themselves. They should avoid it as much as possible and should try to give it to those who are poor and needy.
Q 3. My parents do not pray, nor do they fast during Ramadan. Do I have to obey them? Someone told me that since my parents do not obey Allah, I have no obligation to obey such parents. Is this correct? Please advise.
A 3. I pray to Allah subhanahu wa ta'ala to guide your parents. You should also pray for them. Try to remind them about their religious duties in a respectful and polite manner. As far as your obedience to your parents is concerned, you must listen to them and obey them in all Halal matters. As long as they do not tell you to do something that Allah has made Haram and as long as they tell you to do what is permissible to you, according to the rules of Shari'ah, you should obey them. Allah says in the Qur'an, "If they strive with you to make you ascribe unto Me as partner (in divinity) that of which you have no knowledge, then obey them not, but associate with them kindly in the world…" (Luqman 31:15)
Q 4. I would like to know what Islam says regarding Prenuptial Agreements. I am a Muslim girl and the Muslim boy I may marry would like me to sign a Prenuptial agreement. Although he has not made it a condition for marriage (he will still marry me if I do not agree to one), he says he would like to protect himself and his property in the event of a divorce. Is it okay to agree to such a contract? Is there an Islamic alternative to a Prenuptial Agreement? Even though I know he is a reasonable person, I am a little offended that he has even asked me to sign such an agreement. Does a Muslim man have the right to ask a woman to sign a Prenuptial Agreement? Your advice will be much appreciated on this issue.
A 4. In principle Prenuptial Agreements are acceptable in Islam. Both spouses in marriage are allowed to have Prenuptial Agreements. Thus a man can ask his wife for such an agreement and a wife can also ask the husband to do the same. Once the agreement is done, it becomes binding upon both parties. The violation of an agreement is forbidden in Islam. However, the terms of the agreement should not be against the teachings of Islam. The Prophet - peace be upon him - said, "Muslims must abide by the conditions of their agreement, except if there was a condition that made permissible what was prohibited by Allah or made forbidden what was permissible by Allah (then they have no obligation to abide by that condition)."
Those who are living in Muslim countries, where courts would normally make judgments according to the Shari'ah, have no need for such agreements. However, Muslims who are living in non-Muslim countries should make Islamic Prenuptial Agreement.
They can make detailed agreements according to their own situation and desire. Or they can also write a simple agreement saying that "their marriage is according to Islamic law and in case of divorce or differences they would refer to Islamic family laws only. All their disputes will be decided by an Islamic arbitration and its decision will be final." Spouses should not feel offended if one or the other spouse ask for this agreement, because it is in the best interest of both of them.
A Prenuptial Agreement made under the rules of the Shari'ah will help both parties to follow Allah's rules. It will minimize the evil suggestions of Satan and it will help them save a lot of expenses and difficulties in the case of disputes.
- DrSiddiqi@aol.com

Editor: Akhtar M. Faruqui
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