Q 1. I would like to inquire whether property under the name of a Muslim woman is considered solely as hers and to be handled as she deem fit or is the property considered to be under her husband’s assets?
In event of any death, (be it of the husband or the wife) would the property under the wife’s name be distributed according to her will or that of her husband?
Is there any order in distribution of any assets i.e. the male relatives getting the assets first before the female relatives are considered?
A 1. In Islam men and women both have the right of ownership. Allah says in the Qur’an, to men belong what they earn, and to women what they earn (al-Nisa’ 4:32). After marriage the property of a man or woman does not become automatically the property of his/her spouse, unless they both want and decide to have joint ownership. Just as a man is allowed to handle his property according to his judgment, so also a woman is allowed to handle her property according to her judgment. However, after marriage it is appropriate that husband and wife handle all their affairs with mutual consultation and agreement. The husband should consult his wife and the wife should consult her husband. Allah has mentioned in the Qur’an that the Believers conduct their affairs with mutual consultation. (al-Shura 42:38) After the death the property of any Muslim should be distributed according to the Islamic law of inheritance. However, every person, male or female, is allowed to make a special will within one third of his/her assets. In a wife’s property her will is honored and in a husband’s property the husband’ will is honored.
The basic order is in the inheritance distribution is that those whose portions are fixed (dhawi al-furud) whether they are males or females, first they are given their shares and then the rest is distributed among the children. In case there are no children then other relatives receive their shares. In the presence of closer relatives the distant relatives are excluded. These are some basic principles but there are many details that one can find in the literature dealing with the Islamic law of inheritance (Fiqh al-Mawarith). Let me emphasize that there is no rule in Islam that says that male relatives should receive the assets before the female relatives.
Q 2. If I forget to make the intention “Niyyah” of “Qasr” in prayers before traveling, am I still allowed to shorten my prayers and also to combine some prayers?
A 2. The Niyyah or intention for prayers is done before the prayers whether you are making a full prayer or shortening your prayers as a traveler. There is no need to make a special intention before your begin the journey. During travels you should pray two rak’ahs for Zuhr, ‘Asr and ‘Isha prayers instead of four obligatory rak’ahs. This you can do if your journey in one place is for less then 14 days. If you stay longer than 14 days then you should pray full prayer.
The intention (Niyyah) should be in the heart. It is not required to make a verbal intention.
Q 3. I want to know if it is permissible to consult Muslim matrimonial agencies, for example under Internet. I mean different announcements for marriages to make Muslim and Muslimah in contact for marriage. Is that operation and consulting them Halal?
A 3. The matrimonial agencies fulfil a need for some Muslims. As long as these agencies do their work in a proper Islamic manner by protecting the honor, dignity and chastity of Muslims there work is Halal. These agencies should protect the privacy of the individuals. They should deal with the basic issues of age, family background, education and profession. They should not indulge in the intimate details of individuals. Traditionally in Islamic societies this work was done by the parents, family members or some close friends. However, now with a large number of people migrating from one country to another, many people do not have their families that can help them to get married. We also have, alhmadulillah, a large number of new Muslims. They do not get much help from their families for Islamic marriages. Therefor it is good that there are some agencies that help single Muslims to get married.
Allah says in the Qur’an, “Help marry those among you who are single, or the virtuous ones among your slaves, male or female: if they are in poverty, Allah will give them means out of His grace: for Allah encompasseth all, and He knoweth all things.” (al-Nur 24:32). There is a great blessing in helping people to get married. I would encourage the Islamic centers to establish matrimonial committees for this purpose. However, this work should be done with great care and sensitivity.
Q 4. I see a growing trend in the Islamic community towards activism and institutional development and I think this is a good thing. Yet at the same time I also fail to see a strong emphasis on the acquisition of knowledge and the understanding of Islam. While many young Muslims are capable of organizing conferences and working in groups, I see a few of these young Muslims emphasizing the study of Islam and the importance of connecting with its history with the same vigor. Please comment on my concern and what you think we can do to avoid this situation.
A 4. You have made a very important point. I agree with you that activism is important, but by itself it is not sufficient. There has to be knowledge and thorough knowledge of the Qur’an, Sunnah, Sirah, Fiqh, Islamic history, culture, morals and manners. We do need more programs on Islamic Shari’ah. Muslims, alhamdulillah, are successful in establishing Islamic centers, mosques, Islamic schools for children. We should continue establishing more and better centers and schools, but we need now first class Islamic colleges, seminaries, darul ulooms. Activism without proper knowledge becomes very subjective. People begin emphasizing things according to their own whims and it may lead to more division and chaos in the community.
We do need programs for Islamic studies. It is important that we prepare a curriculum that is suitable for our needs in the West. Beside traditional Islamic sciences we should also teach comparative religion, sociology, anthropology, psychology and world history. A balanced curriculum with all these subjects will prepare our young people to face the challenges of the 21st century and beyond inshallah.