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Malaikah
03-18-2007, 02:45 AM
:sl:

Something I really need to know, to what degree is it allowed for the Muslims to bend certain Islamic laws, if it means that the outcome is in the best interest for the Muslims, and that there isn't a halal alternative?

Does there need to be a very high chance of success before someone can do something haram? So, if a person needed to do something haram because there was no other alternative and the benefit would be great, but the chance of success are very small indeed, it is allowed for the person to do it?

What about if the things that the Muslims are trying to achieve through means involving haram because there is no other way, aren't a serious need that the Muslim have? It would be more of a privilege, or something that the Muslim could live without... and means there will be only a small amount of sacrifice?

And does the magnitude of the sin involved need to match the magnitude of the benefit that we desire to achieve? For example, being involved in a massive riba deal so one can set up a swimming pool with a halal enviroment (segregation etc...). The sin here is just huge, but the need isn't!

Also, who is allowed to decide whether rules can be broken or not? Should the decision be left up to the people of knowledge, or can individuals make the decision themselves, based on their own logic, even though they do not have knowledge of Islam?

Lastly, how do we know when we should be sacrificing our own desires and rights and living with the injustice with patience, and when we should be working to remove the injustice even if it involves haram means?? What classifies as something that brings a greater good to the Muslims?

For example, a Muslim woman forsaking hijab to excel in a certain field with the intention of paving the way for other Muslim women to enter the field without having to sacrifice their hijab... keeping in mind that there is no great need for Muslim women to enter the field, when it can be left up to the men (even though it would be great if Muslim women had the field open to them), and that the person doing it hasn't consulted with others in such a way as to gain the support of the Muslim community and perhaps other non-Muslims in the field, and that the chances of the person actually being successful are very slim?

Sorry that it is so long and with so many questions, but it is something that I really need to know!:phew
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Ibn Abi Ahmed
03-18-2007, 03:06 AM
:sl:

I don't think anyone here is qualified to answer such questions Sister. However IslamToday's Service is currently open so ask them:
http://islamtoday.com/fatawa_form.cfm

Post the answer here as well, I'm interested in the answer. They usually reply within a week Alhamdullilah.
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lolwatever
03-18-2007, 03:17 AM
And does the magnitude of the sin involved need to match the magnitude of the benefit that we desire to achieve? For example, being involved in a massive riba deal so one can set up a swimming pool with a halal enviroment (segregation etc...). The sin here is just huge, but the need isn't!
There's one thing that can be said,

When we say "for a greater benefit", what srot of benefit are we referring to, is it a dunya benefit (e.g. so people can have more fun) or is there an akhirah benefit.

For the first type, then definately it doesn't make sense, because if you're going to have fun (halal or not halal) at the expense of allah's anger, then where's the benefit in such project as far as akhirah is concerned?


---

As for the akhirah category, there can be exeptions, however the bottom line is, if the compromise will put the person compromising in danger of losing Iman, then obviously there's no point in doing it.

Since Allah will be asking the person about their own Iman before asking about what he done to help others.
salams


its compromising btw. :exhausted
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Malaikah
03-18-2007, 05:28 AM
format_quote Originally Posted by Al Madani
I don't think anyone here is qualified to answer such questions Sister. However IslamToday's Service is currently open so ask them:
http://islamtoday.com/fatawa_form.cfm

Post the answer here as well, I'm interested in the answer. They usually reply within a week Alhamdullilah.
:sl:

Jazakaallah khayr. I asked them, and I will let you know if they reply. I had to cut it shorter though because they said we can ask only 1 question lol.

format_quote Originally Posted by lolwatever
For the first type, then definately it doesn't make sense, because if you're going to have fun (halal or not halal) at the expense of allah's anger, then where's the benefit in such project as far as akhirah is concerned?
True, makes sense.

As for the akhirah category, there can be exeptions, however the bottom line is, if the compromise will put the person compromising in danger of losing Iman, then obviously there's no point in doing it.
Very true!

its compromising btw. :exhausted
:rollseyes
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Malaikah
03-18-2007, 05:32 AM
:sl:

I asked on another forum... someone there called up a shaykh and this is what he said:

There are some concepts that need to be factored in while doing any action. And we need to keep in mind Allah (swt) has not made something haraam, without giving an alternative. Ok, we don't eat land or air predators like wolves or eagles, but deer or pigeons are ok. And so on.

Now when we do an action...

1) The intention and action must be pure and the means to achieve that must be halal (general rule)

2) Before even entertaining the idea of doing the haram, there must be no halal badeel, or alternative.

3) In the end, if one is left with no choice, then this choice must be out of daroora - or it must be a necessity under extreme circumstances. Not a series of options.

4) If one is forced to choose between two wrongs, then one chooses the lighter of the two harms. Eg: If you are dying of hunger, and there's nothing else to eat but a dead animal, then you eat just to stay alive, you don't make a 5 course meal out of it.

The evidence...

5:3 "...But if any if forced by hunger, and with no inclination (hates it in their heart) to transgression, Allah is indeed oft-forgiving, most merciful".

This is talking about the first part of the verse that makes it haram to eat dead meat, blood, swine, etc. That's a general rule. The end of the verse says if one is forced (no other choice) and hates it in their heart and doesn't want to sin (but eats it out of compulsion), then and only then is it allowed and Allah is most forgiving.

He also gave an example from the sunnah (in case) but for brevity, I'll proceed.

If you apply these principles to your questions, then it becomes a lot clearer. Let's take the hijab.

It's highly likely there are many other ways to influence a field to allow hijab before even entertaining the idea of removing it. And this isn't a matter of your own life or personal safety at stake where it would conditionally be allowed.

For example, if the field doesn't allow the hijab, changing that can come in the forms of lobbying business groups, politicians, people of influence, your MP's or decision makers to change that aspect of that industry.

It's not required to remove the hijab as it does not qualify as a necessity. And he also said doing so puts the girl at very serious risk of slowly, accepting it and even feeling good about looking so pretty at work with her hair out like that and then end up forgetting why she did this very serious move in the first place. Or she may have a change of heart and have a career change.

That's why every single option must be exhausted first before proceeding to the next step.


And the swimming pool for women for example...what are the options?

Is it possible to lease a public pool for Muslim women?

Is it possible to finance it in a halal way?

Does it qualify for a free government grant?

If any of these can be answered 'yes' (Two, I know are a definite yes) then there's no need to go to Riba.

He said these are the general guidelines and are not meant to be a blanket rule for every situation. If one is in a very specific situation and wants a fatwa on an exact matter, then they are free to call him. PM me for his number.
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