Q. How is the property of a woman to be divided if she has left behind a husband who lived separately from her, two daughters, three brothers and three sisters? If a mistake is committed in dividing the inheritance, how is it to be rectified?
S.A. Hussein
A. If the woman was not divorced, but lived separately from her husband, he is entitled to his share of inheritance. If it was a case of divorce, he inherits nothing. The division is simple: the husband gets one fourth of his wife’s property, and her two daughters inherit two thirds, i.e. one-third each. The remainder, which is in this case 11.3%, is shared out between the woman’s brothers and sisters on the basis of one share for a sister and two for a brother. If the woman was actually divorced, then her daughters take two-thirds, and one-third goes to her brothers and sisters divided between them in the same manner.
Mistakes should be rectified as soon as possible. The parties who took more than what they were entitled to should be informed and should pay back the excess over their fair shares. This should then go to those who have not been paid. Suppose that the husband was not paid and the brothers and sisters got his share, they should refund him whatever is due to him. If they do not, they are liable to God’s punishment as they would have taken something unlawful for them to take. Likewise, if the husband took more than his share and deprived the brothers and sisters, or his daughters of their rightful shares, he would be the one to make amends. All of them should go back to their original shares.
Fasting Rules
Q. Could you please explain the situation when a person who is fasting in Ramadan goes to sleep during the day and has a wet dream. Does this invalidate fasting? If a husband kisses his wife during the day of fasting, how does that affect his fasting? May I also ask what should a person do if he misses Friday prayer?
R. Appollis
A. A wet dream does not invalidate fasting. In fact, it has no effect on fasting. The person concerned should have a bath or a shower in the normal way, washing all his body with water. He should do so before Maghrib if he can, but if he wakes up close to Maghrib or he has no proper facility to take a shower until after the fast is over, his fasting is still valid. What is important to know is that one has no control over wet dreams. As such, it cannot affect his voluntary action of fasting.
The Prophet said: “A kiss invalidates neither fasting nor ablution.” However, one should refrain from kissing one’s wife intimately during a fasting day, because we are required to abstain from food, drink and sex while we are fasting. Aishah was asked whether the Prophet kissed his wives when he was fasting. She answered: “Yes, but he was more in control of himself than any of you.”
Every Muslim adult male must do his best to attend Friday prayer in the mosque. This is an obligatory prayer that must not be missed. However, if one misses it because of circumstances beyond his control, he repents, seeks God’s forgiveness, resolves not to miss it again and offers zuhr prayer instead.
Replying to Non-Muslims
Q. When I moved recently to Canada, I was asked by friends to explain logically and scientifically why pork is forbidden in Islam. Could you please provide an answer?
Nasir
A. The proper answer to give in such situations is to say that this is a matter of worship. We claim to be Muslims, and as such we believe that God is One and that Muhammad (peace be upon him) was His last messenger to mankind. The role of God’s messenger is to deliver His message and explain to people how to implement it in life. Therefore, we must abide by the teachings he has given us. If we do not, then our claim to be Muslim becomes questionable. How can we justify such a claim when we do not follow his guidance? If we are asked whether we should still have a reason for any order, we should say that God certainly has a reason for it.
As far as we are concerned, we accept what God says in the Qur’an, explaining the role of the Prophet as one who “makes lawful all the good things in life and prohibits only what is evil.” Since pork is clearly forbidden in the Qur’an, then there is no doubt that it is evil. To follow the Qur’anic order is a matter of worship. If we try to justify the prohibition in terms of cleanliness, hygiene or any other justification, people will say that modern methods used in animal farms ensure a high degree of hygiene. An argument on these lines will remain inconclusive. So it is better not to follow that line, and to stress the worship aspect.
