Q. How should a woman be buried if she is pregnant? Should the embryo be taken out and buried separately?
A.R. Tuma, Dammam
A. If the pregnancy is well-advanced and there is a chance that the child is still alive at the time of the mother’s death, an emergency operation should be carried out to have the child out and keep it alive, if possible. If the child is known to have died with the mother, they are buried without any operation to separate them. The same is the case when the pregnancy is in its early or middle stages, when the embryo has no chance of survival if it is separated. This continues to be the case up to 26-28 weeks of pregnancy. Human experience shows that any premature delivery, up to this period of pregnancy cannot survive, even with the best care available. Therefore, within this period of pregnancy, no attempt need to be made to deliver the embryo after the mother has died. Delivery is sought only when there is a reasonable chance of the child’s survival.
Insurance policy
Q. When one takes an insurance policy, one receives more than the amount he has put into it. Is the extra money he receives permissible to take?
N.A. Ahmad, Riyadh
A. An increasing number of scholars are giving a verdict that insurance is permissible unless the nature of the insurance policy is such that it involves policy-holders in some unacceptable practices. Thus, if the insurance company invests its income in usurious ways, it becomes forbidden to take out its policies for that reason. Otherwise, insurance is permissible according to the most valid opinion.
The increase in the value that one receives when the policy matures is due to the fact that the insurance company invests its customer’s premiums in business. This is permissible, as long as the business in which it invests is legitimate. But the increase is never in the proportions you have suggested.
Islamic or social norms
Q. I got married last year and at present I am staying with my parents since my husband is working in the USA. But he is insisting that I go and stay with his family which consists of his mother, father and a brother who is older than me. My parents are against this for they think it is wrong, since my brother-in-law is a non-mahram to me. Kindly let me know if this is true. If it is, then how should I tell my husband about it? I do not want to dishearten him or my parents for they both mean a lot to me. If I go against my husband’s wish, will I be doing a sin? I am really in a fix and your help will be greatly appreciated.
(Name and address withheld)
A. This is a case where a young wife is caught between social norms, which require her to stay with her husband’s family, and Islamic requirements which, in her case, make that highly reprehensible. In her part of the world, many women find themselves in a similar situation, where a husband is working abroad and his wife finds herself staying with his parents. This may be highly inconvenient, and could sometimes lead to great family troubles.
This lady is advised by her parents that, due to the fact that in her husband’s family she will be living with her husband’s parents and brother, her situation is untenable. This is perfectly correct. Her brother-in-law is not a mahram to her, and she may not appear before him in the same way as she appears before her own brother. What will this involve is that she must not stay at home if she is alone with her brother-in-law. As this is bound to happen, then why should she be put to such an inconvenience? Moreover, living situations are such that she will not be able, without much inconvenience and embarrassment to both herself and her brother-in-law, to avoid situations that are not appropriate from the Islamic point of view.
All this confirms her parents’ view that she should not be asked to stay in the home of her husband’s family while he is abroad. When he is back home, she may move in with him, but while he is away, she is better off staying with her own parents. In fact, her husband should welcome this, because it is better all round.
He will know that his wife is safe and comfortable with her family, and his family will not have to cope with the embarrassment of having to ensure that their son living with them is free from temptation to be too familiar with his brother’s wife.
Nevertheless, the situation is tricky because people often tend to overlook the advantages of the situation that differs from what they prefer. Hence, it may be advisable for this lady’s father to talk to her father-in-law and explain the Islamic point of view to him. He should explain to him that he would not be willing to put his own daughter in a situation like this lady is asked to tolerate. If her father-in-law is cooperative, then well and good.
If not, her father may refer him to a learned scholar. If none of this helps, then her father should write to her husband explaining the situation in a very gentle way and reassuring him that his wishes are respected, but God’s orders take precedence. After all, no creature may be obeyed in what constitutes disobedience to the Creator, as the Prophet has said.
In Brief
Q.1. Many Muslims in India marry Hindu women. I understand that such a marriage is not valid. My question is whether it is permissible for a Muslim to marry a daughter born in such a marriage.
Q.2. Discharge of wind invalidates ablutions. If it happens during prayer, is it necessary to repeat the whole prayer, or only the remaining portion?
Q.3. When compensating for not fasting, we are required to feed one poor person two meals for each day. Can we feed two poor persons one meal each?
E. Hussain, Jeddah
A.1. If the Hindu woman maintains her faith and does not convert to Islam, the marriage is invalid. As for the daughter born in that marriage, she is an independent person. If she is a Muslim, then she may be married to a Muslim. Her parents’ fault does not apply to her. It is what she declares to be her faith that counts. If she says that she does not know what her religion is, then a Muslim may not marry her until he has explained to her the main Islamic concepts and she declares herself a Muslim.
A.2. If one’s ablution, or wudhu, is invalidated during prayer, one must repeat the prayer in full.
A.3. Compensating for not fasting during Ramadan is normally by fasting a day instead. Feeding a poor person is acceptable as an alternative only when such compensation by fasting is impossible, either because the person concerned is too old or has a chronic illness that is unlikely to be cured. In this case, for each day of not fasting, the compensation is to feed one poor person two meals. Giving one meal each to two poor persons is not right because the relevant Qur’anic verse (2: 184) uses the singular form.
