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Curzon
Author

Curzon

Date

May 22nd, 2008

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Ahh, Shariah

Thanks to Joe for this legal tidbit (and the translation):

Question
We have reviewed request no. 2556 for the year 2005 coming by fax and which includes a request to clarify the legal opinion on the following:

A woman observes the enjoined obligations of Allah, fasts the month of Ramadan, and performs the night vigil prayer. However, due to exhaustion, she sometimes feels sleepy and refuses sleep with her husband. What is the ruling?

Answer

A woman must observe the enjoined obligations of Allah Most High and do her best to perform supererogatory acts of worship [Ar. nawafil] in a way that does not affect the duties imposed upon her by Allah. If her diligence in performing supererogatory acts disrupts her obligatory duties, she must give the obligatory acts precedence over the supererogatory. It is obligatory for a wife to fulfill her husband’s request to have sexual intercourse. The Prophet said: “A woman who refuses her husband’s bed is cursed by the angels until sunrise.” Moreover, a husband must fear Allah when asking his wife to bed lest she be forced to disobey him when she is tired.

Allah Almighty knows best.

Comments to this entry

von Kaufman-Turkestansky
May 23, 2008
9:23 pm
Interesting link. It has a "Search Fatwa" keyword search function in English! There is some interesting stuff there, such as:

"Number 4020
Subject Passive smoking
Date 9/23/2007
Question
We have reviewed request no. 1997 for the year 2004 which includes the following:

Is a passive smoker – in front of Allah – sinful, especially since the law protects his rights? All he must do is demand his rights – which he does not do out of disdain for the matter, being courteous to his friends, or embarrassment.

Answer

Fatwa Council
A passive smoker is one who does not actually smoke, but rather sits with smokers and is affected by their smoke and the polluted air produced by the smoking around him.
It has been medically and experimentally proven that inhaling [cigarette] smoke is seriously harmful. Therefore, the ruling is that one is inflicting himself with harm and gradual destruction if he remains in these places unless there is some necessity or need requiring him to remain. ...
We advise our Muslim brothers to deal with such situations in the same manner as they must deal with any other abomination: by either removing the abomination, or removing themselves from it and where it occurs."

And this nest one is very interesting, especially for lovers of frogs legs... the minutiae includes the question of whether you consider frogs seafood.

"Number 5492
Subject Catching and slaughtering flogs, and exporting them to lands where they are eaten
Date 1/29/2008

Question
We have reviewed request no. 949 for the year 2007 which is dated 16 June 2007, submitted by … and includes the following:

Is it permissible to catch frogs and, after slaughtering, export them to lands where they are eaten?

Answer
Fatwa Council

This is a multifaceted issue since it discusses the rulings of catching, slaughtering, and exporting frogs to be eaten. The issue of exporting frogs is built upon the issue of slaughtering them, and the matters return to the ruling of killing them. There are hadiths which forbid killing frogs. One of them is the hadith narrated by ‘Abd Allah ibn ‘Uthman who said that the Prophet forbade killing frogs ...

...
Some other scholars permit consuming frogs, based upon the generality of the words of Allah the Almighty:

It is permitted for you to catch and eat seafood [5:96]
and due to the generality of the well known hadith: “Its water is purifying and its dead are lawful." This opinion is reported from Malik, Ibn Abi Laila, al-Sha‘bi, and al-Thawri in one of his two opinions. In addition to this, they considered the hadiths about killing frogs to be weak.

We side with the opinion held by the majority scholars who prohibit eating frogs based upon their prohibition of killing it, which is itself based upon the ‘People of Hadith’ considering the hadith concerning the subject to be fair.

Based on the above and in reference to the question: it is impermissible for you to hunt, slaughter, and export frogs.

And Allah knows best. "
Michael
May 24, 2008
3:38 am
Wouldn't it be easier to just say "If you can't agree on sex, both of you shall suffer."? :P
[ meme - hazard ] » Blog Archive » Shariah
June 21, 2008
1:09 am
[...] while back, there was a post on Coming Anarchy that referenced this fatwa concerning the question of whether a woman could, under Shariah, [...]