Father's property and its division by him
My father has four sons and he wants to divide his property through a sale deed among his three sons, giving no share to his eldest son, for the following reasons:
My elder brother has never contributed to the family finances, nor has he ever undertaken any responsibilities with respect to the marriage of our sisters or their family matters. Moreover, the three of us shared physically and financially in the construction of an extension to our father's house. Besides, my eldest brother was always disobedient to my father. At times, he went as far as hurting his father's feelings. My father says that if he allows his property to be divided equally among his four sons, he is doing an injustice to the three of us who shared in the building. I will be grateful for your advice.
May I ask you why are you giving only the possibilities of a division among the four sons or three of them only, excluding your sisters who are, I understand, married? If we are speaking of inheritance, daughters, whether married or not, have shares in their deceased parents' property. Allah states in the Qur'an :
"Allah commands you (in matters of inheritance) with respect to your children that a male child inherits an amount equal to the shares of two females." This is a perfectly clear order which assigns a share of inheritance to every daughter.
If it is a gift by a father to some of his children that we are talking about, I would like to remind you that the Prophet has condemned this as injustice. He refused to witness it.
Having said that, I do understand your father's feelings. There is an element of injustice if he does not compensate you and your two brothers for the shares you have contributed to the extension of the family home. However, in order not to be guilty of injustice, your father should compensate you for what you have contributed. A fair value on the contribution of each one of you should be determined by mutual agreement. He may effect a real deed of sale of the house to the three of you.
What this means is that what each one of you has contributed should be determined. The house can be then divided into four portions, one to your father and one to each one of you, according to his contribution. The sale may be effected and registered. In this case, your father would be giving you back what you have contributed in order to bring about justice among not only his four sons, but also his daughters. When he dies, the family home does not count as part of his estate to be inherited by his heirs, but only his portion in the house is counted as such. The other heirs will [Added: also] have their shares as Allah has given to them. In this way, no disinheritance of the eldest son is made. Nor are your sisters deprived of their shares either. Alternatively, the three of you may buy the house as a whole and pay your father for his share. But this should be an actual purchase. You should pay the price which must be a fair one, not a nominal one. In either of these ways, you help your father act within the rules of Islamic law.
Fatihah: Ritual on the first Thursday of the new moon
In my home country there are many people who do not follow Islam or fulfill its major duties, such as prayer. Instead, they attend graveyards and visit the tombs of some religious personalities, asking for their help. They do not miss performing "fatihah" every month, on the first Thursday of the new moon. How will this type of people be treated by Allah on the day of judgment?
We cannot say how Allah will deal with anybody on the day of judgment. He will administer His absolute justice to all. He knows the special circumstances, the intentions, the motives and the objectives of everyone. He values every action by every individual in the fairest of manners. What we can do, however, is to judge people's actions as they appear to us in the light of divine guidance provided by Allah in the Qur'an and in the light of the Sunnah of the Prophet. That should give us a very good idea whether a certain kind of action is acceptable or not.
The first thing to say about such people is that they do not attend regularly to their most essential Islamic duties, such as prayers. The Prophet describes prayers as the mainstay of the Islamic faith. He explains that by adding: "He who attends to it (i.e. prayer) provides his faith with strongest support, while he who neglects it, allows his faith to collapse." Moreover, a person who neglects his prayer is more likely to neglect his other Islamic duties. It is a fact of life that a person who does not attend to his prayer is also not likely to have much reward from Allah. There will be little to his credit on the day of judgment.
Yet these people try to satisfy their natural desire to be religious by resorting to practices that give them such an appearance. They visit the graves and tombs of those whom they consider saints. Because they give those dead people such a status, they imagine that they have special privileges and powers. It may be true that the dead people whose graves they visit were of high religious standing and it may be true that they have been given certain privileges by Allah, but they are not of the type which enables them to respond to the requests of those who visit their graves. No dead person can be of any benefit to the living. Allah has not given anyone that power. Indeed, a dead person can be of no benefit even to himself. The Prophet tells us that "when a human being dies, his actions come to an absolute end, except in one of three ways: A continuing act of charity, a useful contribution to knowledge or a dutiful child who prays for him." In other words, the living can be of benefit to the dead by praying Allah on his behalf, but the dead cannot be of benefit to the living. When those people, whom you have described, go to such graves in order to request the dead to help them, they engage in futile action. Moreover, they are indeed guilty of the worst type of sin, namely, associating partners with Allah. Their practice can only be described as "worshipping graves".
The "fatihah" is a certain type of ritual when people gather to engage in reading certain verses of the Qur'an and certain phrases of glorification of Allah thousands of times. This is coupled with other rituals such as preparation of food, which is placed at a particular point before starting and then eaten after the whole ritual is over. All this has no basis whatsoever. It cannot be supported by any Hadith or Qur'anic verse. As such, it is an innovation which is totally unacceptable. The Prophet says: "Beware of newly invented matters. For every invented matter is an innovation and every invented matter is going astray and every (person) going astray is in hell fire." (Related by Abu Dawood and At-Tirmithi). The Prophet also says: "He who innovates something in this matter of ours, that is not of it, will have it rejected."
When people engage in such practices, neglecting their duties, they actually try to give their lives a religious aspect. However, they err because they do not see the Prophet's guidance. Indeed, when it is pointed out to them that their practices are wrong, they are not prepared to listen to sound advice.
They feel that their actions are good because they have seen some people, whom they consider guides, do them. They err in not seeking the guidance provided by Prophet Muhammad, peace be upon him, who was sent by Allah to convey His message. Their actions are of no value, because they do not give them any religious conscience. Their effect is only to give them a feeling that they have discharged what religion expects of them. Our religion is not a set of rituals. It is a constitution and a way of living. It has a very clear code of practice. Unless it is approached in the manner taught to us by the Prophet, it does not yield its fruit.
If we want to be true Muslims, we have to follow the Prophet's guidance. That means discharging our duties and not adding to the faith of Islam anything that is not part of it. Unfortunately, such practices are widespread in large areas of the Muslim world. They are responsible for the backwardness of Muslims everywhere. Muslims will not regain their strength and proper status until they disown such practices and regain their Islamic sense. That sense will guide them along the path set out for us by Prophet Muhammad, Allah's last messenger, peace be upon him.
Fatihah: Traditions after death
On third, seventh, [tenth] fifteenth or fortieth days of the death of a person, some sort of gathering is held and passages of the Qur'an are recited and meals served. When you explain to the people that such gatherings are not part of the teachings of Islam, they ask why should it be against Islam when only the Qur'an is being recited there.
There is nothing special that happens to the deceased or his relatives on these days. If you examine the origins of such practices, you will find that they date to pre-Islamic days, especially that of the fortieth day. Moreover, they have been borrowed from the traditions of people whose view of death is totally different from that of Islam. While most philosophies consider death to be the end of human life, Islam considers death a prelude to a different type of life. Hence, if the deceased was a good believer, his death is not something that we should be sorry for. In Islam, the proper practice is to offer condolences to the relatives of the deceased and to pray for the deceased's forgiveness. Why a practice which relies on the reading of the Qur'an be against Islam is very simple. Islam is a religion that has been revealed by Allah. The Prophet conveyed it to us complete. Nothing can be added to what the Prophet has taught us, especially in matters of worship. Therefore, when we introduce something into Islamic practices, especially one that relates to worship, we are putting ourselves in a position to complement what the Prophet has done. This is totally unacceptable.
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