Muslim woman marrying a non-Muslim, inheritance, etc.

Q.1. I once read something on the Internet saying that a Muslim woman may marry a non-Muslim, provided that the children are brought up as Muslims. However, I could not find that article again. Could you please tell me about this exception and what are its conditions.

Q.2. A single woman dies leaving behind her mother, 2 sisters and one half-brother on her father’s side. How is her property to be divided? I have been told that the brother receives nothing, because he is only a half brother. Please explain.

Muna

A.1. I do not know of any such exception. A Muslim woman may not marry a follower of any religion other than Islam. No marriage with a non-Muslim may be sanctioned in any circumstances. If you have read anything to the contrary, it is not reliable.

There is much about Islam on the Internet, and it varies from excellent and informative material placed on reliable websites, to the very hostile, malicious or absurd. In between you have all ranges of personal views, mistaken concepts, absurd assumptions, etc. You need to make sure of your sources.

What has been recently written in this area applies to a woman who converts to Islam, while her husband does not. The traditional view is that the marriage is automatically terminated after the woman has observed a waiting period. Sheikh Yussuf Al-Qaradhawi published a paper in which he has researched the issue, showing that this need not be the case. He cited views of eminent past scholars which suggest that the marriage remains valid, but no sexual relationship may take place between the couple until the husband has accepted Islam. Sheikh Al-Qaradhawi invited other scholars to look into the matter again in order to arrive at a ruling.

A.2. Inheritance in Islam follows a detailed system which implements clear principles. Relatives are treated according to their degree of relationship with the deceased. Relatives of the same degree may have sub-degrees, as in the case of siblings, when full brothers and sisters take precedence over half-brothers and half-sisters. Hence, it is important to look at each case in detail before we could determine who inherits and how much.

In the case we have here, the woman’s mother takes a share of one-sixth and the two full sisters take two-thirds of the entire property the woman has left behind.

The one half-brother takes the rest. In this case, a brother inherits less than his sister, because her relation to the deceased is of a higher degree, since she is related to her through both parents, while her brother is related through their father only. All these shares apply after the settlement of any outstanding debts and the execution of any will. A Muslim is allowed to make bequests by will, not exceeding one-third of his or her property, provided he assigns nothing in such a will to any heir.

God’s names, life insurance

Q.1. Could you please explain the meaning and significance of the 100 names of God.

Q.2. Why is life insurance forbidden while other types of insurance are not?

Abd Al-Nasser

A.1. To start with, God has 99 names, not 100. Most of them are attributes, describing His benevolence, grace, mercy, bounty, greatness, oneness, etc. It is beyond the scope of this column to describe all God’s attributes and give details of each one of them. This would require a series of many articles. However, they are all in the Qur’an. The best way to identify them is to read the Qur’an and reflect on every description of God it includes. You may also refer to commentaries on the Qur’an for this purpose.

A.2. An increasing number of scholars are of the view that insurance is acceptable from the Islamic point of view. They compare it to pension schemes and retirement benefits, which work on the same principles. Scholars who are opposed to insurance often have for the basis of their rulings the element of gharar, or uncertainty, in the insurance contract. This is an inevitable element in such a contract that relies on future events. Leading scholars who consider insurance permissible confirm the presence of this element, but maintain that it is very marginal and, as such, may be overlooked as it is the case in other contracts that were regularly made at the Prophet’s time and in later generations. I am convinced that insurance contracts are acceptable from the Islamic point of view.

Life insurance is often misunderstood. People tend to think that it involves a guarantee of life for the period of the contract. But this is not so. No insurance company suggests in any way that such a guarantee is possible. The life insurance contract only provides for a sum of money to be paid to the family of the insured in the case of his death. Hence, scholars who give a ruling, or fatwa, that insurance is permissible also include life insurance.

Birth privilege and admission to heaven

Q. In an article in your series ‘Guidance from the Prophet’, you mention that a Muslim will be in heaven even though he may commit theft and adultery. Since people follow the religion they are born in, without choosing it themselves, does this not represent favoritism? God is certainly most just, but would it not involve an element of injustice if the criterion for admission into heaven is based on birth into a family of a certain religion? Would it not be a great, but unearned privilege to be born into a religion that ensures heaven in the hereafter?

M. Asif, Jeddah

A. If the only criterion for admission to heaven is being born in a Muslim family, it would certainly be a special privilege given to people who have no say in what brings it about. But this is not so. The Hadith which was quoted in the article concerned speaks of a person with an unshakable faith in God’s oneness, entertaining no thought of associating any partners with God. This does not apply to every one born in a Muslim family. It speaks of a certain high degree of faith that is bound to influence that person’s character and actions. Yet, such a believer could slip into committing some grave offenses.

If he is a firm believer, he would soon realize what he has done, repent and seek God’s forgiveness. God grants forgiveness to anyone who turns to him in sincere repentance, coupled with a strong and firm resolve not to go back to erring ways. If God determines in His wisdom to punish such a person for his sins, his punishment in hell would not be everlasting. It will be for a limited period, after which he is brought out and sent to heaven.

Having said that, I would like to add that it is not true that we all follow the religion in which we are born. Most people make a personal choice, either to follow the religion to which they belong by birth or abandon it. In the latter case, they make a further decision of either abandoning it in favor of some other faith, or reject religion in total. Children may be taught their faith at a young age, but when they grow up, it is they who decide what course in life to follow. Some simply continue in the same lines, without much questioning, but many are the ones who make enlightened choices.

Moreover, Islam does not accept that people should follow it blindly, simply because they were born Muslims. It requires of every one to question, understand and make an informed choice. This is the best way to follow religion. It is the way that earns reward from God.

Missing a part of congregational prayer

Q. Some scholars say that if a person joins a congregational prayer which is already in progress, he is considered to have a correct rak’ah if he joins before the Imam has bowed down for rukoo’. Otherwise, this rak’ah would have been missed because he could not read the Surah Al-Fatihah. There is much confusion on this point. Could you please clarify.

M. A. Ahmad

A. There is certainly some confusion here. You are considered to have joined a rak’ah properly if you join the Imam before he lifts his head to stand up after he completes his rukoo’, or bowing. Thus, if a late comer is in position to join the congregation and manages to be in the same position as the Imam while the Imam is still doing his rukoo’, the newcomer is deemed to have caught up with the Imam, even though he had missed the initial stand up position and reading the Fatihah, which is obligatory. You need to have bowed and began to praise God before the Imam lifts his head to stand up. Thus, it has nothing to do with reading Surah Al-Fatihah. In this case I described, one would have missed the whole position of standing up.

Answer to Mr. Abdul Majid

Thank you for your letter in which you put to me 10 questions on different subjects. Most of your questions are of general nature which would require much space to explain. While such answers may illustrate certain aspects of Islam, the purpose of this page, ‘Islam in Perspective’, is just that, and we continue to work for this goal.

However, you may find the answers to all your questions in past answers which are accessible on the Internet at the site below. If you have more specific questions, we will be glad to answer them to the best of our ability.

Discourse questions may be accessed at: http://www.ourdialogue.com