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.

About Curzon

Lord George Nathaniel Curzon (1859 - 1925) entered the British House of Commons as a Conservative MP in 1886, where he served as undersecretary of India and Foreign Affairs. He was appointed Viceroy of India at the turn of the 20th century where he delineated the North West Frontier Province, ordered a military expedition to Tibet, and unsuccessfully tried to partition the province of Bengal during his six-year tenure. Curzon served as Leader of the House of Lords in Prime Minister Lloyd George's War Cabinet and became Foreign Secretary in January 1919, where his most famous act was the drawing of the Curzon Line between a new Polish state and Russia. His publications include Russia in Central Asia (1889) and Persia and the Persian Question (1892). In real life, "Curzon" is a US citizen from the East Coast who has been a financial analyst, freelance translator, and university professor; he is currently on assignment in Tokyo.
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3 Responses to Ahh, Shariah

  1. von Kaufman-Turkestansky says:

    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. “

  2. Michael says:

    Wouldn’t it be easier to just say “If you can’t agree on sex, both of you shall suffer.”? :P

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