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Announcing the New Debt Free Muslims Podcast – First Episode is on Islamic Home Financing

Omar Usman

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Please join us in welcoming the new Debt Free Muslims podcast. This podcast will be releasing a new episode every week talking about finance and other issues related to finance (family, spiritual, and so on). The first episode covers some tough questions on Islamic home financing with Mufti Ikram-ul-Haq.

The episode and show-notes are below. You can help support the podcast by subscribing to it in iTunes (the link also works for Android), and leave a rating as well.

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Direct Download Link (mp3) 

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This episode is sponsored by MuslimMatters.org – because Muslims matter.

Mufti Ikram ul Haq is a well-known scholar who specialized in Islamic jurisprudence. He currently serves as the resident Imam of Masjid Al-Islam (Rhobe Island, USA) and as Mufti at Darul-Ifta of Rhode Island, where he delivers weekly lectures, holds classes, provides Shari`ah counseling, responds to request for fatwas, etc.

Mufti Ikram ul Haq also completed an intensive course on Islamic Banking and Finance from the Center for Islamic Economics (Karachi, Pakistan). He has licenses (ijazah) in Prophetic traditions (hadith) from multiple world-renowned Hadith scholars.

In this episode we discuss:

  • Why the debate over Islamic mortgages is actually a cause for optimism.
  • The difference between conventional financing and Islamic financing.
  • Understanding the basic models of finance – ijarah, murabahah, musharakah.
  • Are some Islamic companies violating the Islamic prohibition of having “2 sales in 1” with a lease to own contract?
  • Can a bank sell a house at markup before they actually take ownership of the house? This is in reference to a prohibition against selling something you do not own.
  • Learn why Islamic banks favor the musharakah model over the other models.
  • Should Islamic banks who finance through co-ownership share in the costs of home maintenance, property taxes, insurance and other expenses?
  • If you sell your home at a profit, should the Islamic bank get an increased profit?
  • Should the Islamic bank share in the loss of a house if the value goes down, or forecloses on you?
  • What should you look for when picking an Islamic finance company? How do you weed out the deceptive companies from the legitimate ones?

Links from this episode:

Mufti Ikram’s Website: http://askamufti.com
Mufti Ikram on Twitter: https://twitter.com/AskaMufti
AAOIFI (Auditing organization for Islamic financial institutions)- http://www.aaoifi.com/
Straightway Ethical Advisory: http://www.straightwayethical.com/
Mufti Ikram’s Book: Companion of Hajj

Please support the podcast by sharing it with a friend who might find the information useful.

Don’t forget to subscribe in iTunes and rate the podcast!

Visit http://debtfreemuslims.com to get your free ebook on Practical Personal Finance for Muslims.

Check out this episode!

 

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Omar Usman is a founding member of MuslimMatters and Qalam Institute. He teaches Islamic seminars across the US including Khateeb Workshop and Fiqh of Social Media. He has served in varying administrative capacities for multiple national and local Islamic organizations. You can follow his work at ibnabeeomar.com.

4 Comments

4 Comments

  1. Avatar

    amatullah

    February 26, 2014 at 1:28 AM

    assalamualaykum
    May Allah swt reward you for the efforts you are putting in.
    I am a born muslim but have started practising only recently , add to that that i am a doctor and a female :- i have no knowledge at all of economics. As a result most of the islamic finance articles are greek to me.I have a request , can you please start a column like an idiot’s guide to islamic finance, wherein you teach the basic economics which is prevalent, what is haram of it and the halal alternatives. It will be a lot of people for people like me in sha Allah. Or please guide to a website if you are aware of one.

    • Avatar

      adamtaufique

      February 26, 2014 at 2:54 PM

      That’s a great suggestion. We’ll work on doing that and post it on our website insha Allah.

    • Avatar

      M Ali

      February 26, 2014 at 5:57 PM

      I agree, I once attended an Islamic conference seminar. Couldn’t make head or tail of it, Mufti Ikram was one of the speakers too. I ended up leaving more confused, definitely need a Idiot’s Guide to Islamic Finance.

    • Avatar

      Saeed

      March 31, 2014 at 8:29 PM

      You should take a course covering Islamic financial obligations, prohibitions and Islamic Finance
      Shaykh Faraz Rabbani Will be teaching a free online course on the subject for the next three months. http://seekersguidance.org/courses/GEN130

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#Islam

Undisputed And Undefeated: 13 Ways Khabib Nurmagomedov Inspired Us To Win With Faith

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Many fans anxiously watched UFC 254 with bated breath as Khabib “The Eagle” Nurmagomedov went head-to-head with Justin “The human highlight reel” Gaethje. The latter had just come off a spectacular TKO win against a formidable and feared fighter in the form of Tony Ferguson, beating him over 5 nerve-wracking rounds by outstriking him with a combination damaging head shots and crippling low kicks.

We all knew what both would do – Khabib would go for the takedown, and Gaethje would try to keep the fight on the feet and opt for stand-up striking – which fighter’s strategy would prevail? Alhamdulillah, it was Khabib, in a mere 2 rounds.  We weren’t in the fight, but we are all nervous and supplicating, making du’a to Allah subḥānahu wa ta'āla (glorified and exalted be He) to give him another victory.

And so it was that after the win, he collapsed in the middle of the ring to cry, as this was his first fight after the loss of his father due to complications with Covid-19. He cried, and many a man cried with him, feeling his pain. Gaethje revived from his triangle choked slumber and consoled his former foe, telling Khabib his father was proud of him.

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We were all sure when “The Eagle” got on the mic, he would say he wanted to fight GSP, George St Pierre, and then retire 30-0, as he had said in previous press conferences leading up to the fight.  Instead, he surprised us all by announcing his retirement at 29-0, and I couldn’t help but marvel that not only was he turning away from a lucrative final fight, but the way in which he announced his retirement reminded us of our faith, our deen, our religion, Islam.

Allah subḥānahu wa ta'āla (glorified and exalted be He) says in the Qur’an

“And remind, for indeed, the reminder benefits the believers.”

Throughout his MMA career, Khabib has proudly worn his faith on his sleeve. As he has risen to become the current pound-for-pound #1 fighter in the world and arguably the GOAT, the greatest of all time, his unwavering example as a practicing Muslim transformed him into a global phenomenon and role model for many of us by reminding us to be better worshippers, to be closer to Allah subḥānahu wa ta'āla (glorified and exalted be He).

Let’s look at a few of the ways he did this:

1. Beginning with Alhamdulillah

The announcer at UFC 254 began by congratulating Khabib on a job well-done yet again by praising him, stating, “The world is in awe of your greatness once again…your thoughts on an epic championship performance, congratulations.” Khabib didn’t immediately begin talking about himself. Instead, he said:

“Alhamdulillah, SubhanAllah, God give me everything…”

After stating this, he went on to announce his retirement, his reasons for retiring, and thanked everyone who supported his professional MMA journey.

The Reminder

Alhamdulillah is literally translated into “All Praise Belongs to God”. Khabib begins by thanking Allah subḥānahu wa ta'āla (glorified and exalted be He), pointing out that his talents and abilities are a gift, a blessing from the Most High. When we have any blessing from Allah subḥānahu wa ta'āla (glorified and exalted be He), we must remember that whatever our own effort, our abilities, our support, and our achieved outcomes ultimately tie back to support from our Rabb, our Lord, who controls all.

Khabib pointing to Allah

It’s not from me, it’s from Him

If you’ve ever seen Khabib point at himself, shake his finger back and forth as if to say, “No” and then point up to the sky, this is a nonverbal way of him saying, don’t think all these great things you see are from me – they’re from Allah above.

2. The Prostration of Thankfulness – Sajdat al-Shukr

You may have noticed at the end of Khabib’s victory, when the announcer states that he’s the winner of the bout, he falls into a prostration known as Sajdat al-Shukr – the Prostration of Thankfulness (to Allah).

Khabib and his sons prostrating

The Reminder

Performing this is recommended when someone receives something beneficial (eg good news, wealth, etc) or if they avoided something potentially harmful (e.g. job loss, healing from a disease, etc). The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) would do this when he received good news. The believer should remember to be thankful to Allah subḥānahu wa ta'āla (glorified and exalted be He) as much as they can.

See also:

3. Establishing the 5 Daily Prayers

Khabib and me, don’t be jelly

Years ago (early 2018), Khabib visited my local masjid in Santa Clara, California (not far from where he was training in San Jose at the AKA gym). Many at the masjid didn’t know who he was, but we heard he was the #1 contender for the UFC Lightweight championship belt, at that time held by Tony Ferguson.

He did a Q & A with the community, and someone asked him a general question about what he would recommend for the youth.  He said, and I’m paraphrasing:

Take care of your prayers, if you come to Day of Judgment not take care of your prayers, on that day you will be smashed.

The Reminder

The second pillar of Islam that Allah subḥānahu wa ta'āla (glorified and exalted be He) has commanded us to follow is to pray to Him 5 times daily. Khabib was no doubt referencing the following statement of the Prophet (saw):

“The first action for which a servant of Allah will be held accountable on the Day of Resurrection will be his prayers. If they are in order, he will have prospered and succeeded. If they are lacking, he will have failed and lost…”

 

 

Shaykh AbdulNasir Jangda notes that when the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) first began his mission of da’wah and faced devastating rejection from family and community, Allah told the Prophet to stand and pray. The reason for this is because when we are weak and suffering, the place to turn to for strength is back to Allah in prayer. There is no doubt Khabib’s strength came from his connection to Allah subḥānahu wa ta'āla (glorified and exalted be He) which in turn came from his 5 daily prayers.

Praying multiple times daily, consistently, can be challenging; when it was legislated by Allah to the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), Musa 'alayhi'l-salām (peace be upon him) kept telling him to go back and ask Allah subḥānahu wa ta'āla (glorified and exalted be He) for a reduction, saying, “Your people will not be able to handle it.”

Khabib is a great reminder that no matter how high you climb in life and career, no matter how busy you think you are, worshipping Allah is the most important deed one can do, and this discipline is the most important habit to build.

4. Strong Wrestling Game

Some say Khabib is already 30-0 for wrestling a bear

In a sport that sees far more striking and kicking than it does wrestling, Khabib came to dominate the lightweight division of the UFC with a strong grappling style that is a combination of sambo (a Soviet martial art), judo, and wrestling. Famously, he outwrestled a bear when he was much younger.

During his fights, he doesn’t close out his bouts by pummeling his opponents and causing them damage as most strikers would. Most of his hits open up his opponents to being forced to tap out via submission. Even his last opponent, Justin Gaethje, noted that he was much happier to be choked out in a submission, as all he would get is a pleasant nap, as opposed to striking, which could have long-term health consequences.

The Reminder

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was not only able to wrestle, he took down the strongest wrestler in Makkah. Rukanah, the famed Makkan wrestler, challenged RasulAllah because of his hatred for the da’wah. The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) accepted his challenge and took him down multiple times, body slamming him again and again. It was said that after the conquest of Makkah, Rukanah accepted Islam.

5. Fighting / Training through Sickness and Injury

During the post-fight press conference with UFC President Dana White, it was revealed that Khabib had broken one of his toes 3 weeks before the fight. Prior to that, he had taken two weeks off upon arriving at Fight Island having contracted mumps, according to AKA trainer and coach Javier Mendez. Khabib is quoted as having told Mendez, “My toe may be broken, but my mind is not.” In addition to this, his father had just passed away months earlier, and this would be his first fight without his father present.

Mumps, broken toes, and the emotional turmoil of family tragedy

The Reminder

In addition, the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) has told us, “A strong believer is better and is more beloved to Allah than a weak believer, and there is good in everyone…” This strength includes strength of body, mind, and spirit; not just when conditions are perfect, but when trials surround you from every conceivable direction.

6. Relationship With His Father

After defeating Justin Gaethje, Khabib went to the center of the ring and cried, and everyone cried with him. We all knew his father’s death weighed heavily on his mind and his heart, and this was his first fight without him. His father was his mentor and trainer, whom everyone could obviously see he both loved and greatly respected.

In the post-fight question and answer with Dustin Poirier, Khabib was asked, “What’s your message for your young fans out there who look up to you so much?” he responded:

“Respect your parents, be close with your parents, this is very important. Parents everything, you know, your mother, your father, and that’s it, and everything in your life is going to be good, if you’re going to listen to your parents, mother, father, be very close with them, and other things come because your parents gonna teach what to do.”

The Reminder

There isn’t enough space in this article to go over how much emphasis our faith places on respecting our parents. Allah says in the Qur’an:

Your Lord has commanded that you should worship none but Him, and that you be kind to your parents. If either or both of them reach old age with you, say no word that shows impatience with them, and do not be harsh with them, but speak to them respectfully. [17:23]

7. Relationship With His Mother

Our parents ultimately want us to succeed, but also want us to maintain our well-being. Without his father’s presence, it was clear that Khabib’s mother didn’t want him continuing in the Octagon (the UFC ring). After 3 days of discussion, Khabib gave his word to her that this would be his final fight. After beating Justin Gaethje in UFC 254, Nurmagomedov announced he was retiring because he promised his mother that he would retire and that he’s a man of his word.

The Reminder

This hearkens back to a statement of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) about how much respect mothers deserve. A man asked the Messenger of Allah, peace and blessings be upon him, “Who is most deserving of my good company?” The Prophet said, “Your mother.” The man asked, “Then who?” He (saw) said “Your mother.” The man asked again, “Then who?” The Prophet again said, “Your mother.” The man asked again, “Then who?” The Prophet finally said, “Your father.”

Khabib easily had millions more to make on a journey to hit 30-0 in his professional fighting career and decided to hang it all up to make his mother happy. This is true respect and obedience, and for that matter, the love of a mother for her son and his well-being over monetary gains.

8. Respect for Muhammad Ali

When asked about the comparisons between himself and Muhammad Ali, Khabib stated that it was an inappropriate comparison. He noted that Muhammad Ali didn’t just face challenges in the ring, but challenges outside of it due to racism, and that he was an agent of change with respect to bringing about greater civil rights for African Americans.

The Reminder

In his final sermon, Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “There is no superiority of an Arab over a non-Arab, or of a non-Arab over an Arab, and no superiority of a white person over a black person or of a black person over a white person, except on the basis of personal piety and righteousness.”

From the 7th century until today, our faith recognizes that people are not judged by their race, but by their actions and the intentions behind those actions. In the video above, Khabib recognized both the wrongness of racism, and the challenge it posed along the way of Muhammad Ali’s own journey, and that his contributions to social justice transcended his involvement in sport.

9. His Conduct with Other Fighters

With the exception of the fight with Conor McGregor, Khabib always dealt with his opponents with respect. He hugs them, shakes their hand, and says good things about their accomplishments and strengths both before and after fights. In a sport known for heavy trash talking and showboating to build hype, Khabib kept his cool and his manners.

Champion vs Champion, the respect is mutual

The Reminder

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said:

“The only reason I have been sent is to perfect good manners.”

Maintaining good character and conduct during press-conferences was Khabib’s calling card; even when trash talkers like Tony Ferguson tried to go after him, he would still recount Ferguson’s formidable stature as a fighter.

When reporters tried throwing him a softball opening to insult Ferguson’s mental health, Khabib responded that he didn’t want to talk about Tony Ferguson’s problems if he they were real; if Ferguson truly has a problem, then we should help him, as we all have problems.

10. Fighting Those Who Dishonor Faith and Family

As mentioned above, Khabib is known for being very respectful of his opponents during press conferences. He speaks well of their strengths, shakes their hands, hugs them; he even runs up to his opponent after a fight and hugs them, consoling them and wishing them well. After his win against Poirier, he traded shirts with him and donated $100k to Poirier’s charity.

Khabib vs Dana’s boy, the chicken

The exception was the infamous UFC 229 which Muslim fans watched holding years, maybe decades of pent up anger at the type of crass secular arrogance represented by Conor. We desperately wanted Khabib to maul the mouthy McGregor. The latter had gone after his family, his faith, his nationality, anything and everything to hype up the fight and try to get under the champ’s skin. Some people lose their calm, and others, well, they eat you alive.

Khabib made it clear he wasn’t having any of that. He took the fight to Conor and choked him out with a neck crank. We then learned why he was called “The Eagle” as he hopped the cage and jumped into the audience to go after other members of Conor’s team who had spoken ill of him, giving birth to “Air Khabib”.

The Reminder

When our faith and family is spoken of in an ill fashion, it’s not appropriate that we sit there and take it. Khabib never cared when it was criticism against him, but once it went to others around him, he took flight. We as Muslims should never give anybody who tries to attack and dehumanize us a chance to rest on their laurels. We should strive ourselves to take the fight back to them by whatever legal means necessary, as Khabib did, whether it is cartoons of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) or political pundits and satirists who monetize hatred against Muslims.

11. Shaking Hands and Training with Women

In numerous public instances, Khabib reminded us that our faith demands we don’t shake with the opposite gender. As one of my teachers taught us, the Qur’an instructs us to “lower our gaze” when dealing with women. If we shouldn’t even look at them out of respect for Allah’s command, how can we take it to the next level and touch them?

Extended to this is even more serious physical contact like training at the gym. Cynthia Calvillo, one of Khabib’s teammates at AKA gym, said the following about Khabib and his unit:

“It’s a little bit weird because of their religion and stuff…They don’t talk to women you know. I mean we say ‘hi’ to each other but we can’t train with them. They won’t train with women…I don’t think any other woman does.

The Reminder

Our faith places stricter physical and social interaction boundaries between men and women. Keeping matters professional and respectful with the opposite gender need not include physical contact. The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was said to have never touched non-mahram women. It was narrated that he said,

“It is better for you to be stabbed in the head with an iron needle than to touch the hand of a woman who is impermissible to you.”

For this reason, the majority of scholars prohibited physical contact between men and women with some exceptions (e.g. old age). Watching Khabib maintain this practice, even in public where it could potentially embarrass him and cause undue negative attention, gives us all inspiration to deal with this issue in the workplace better. He encourages us to strive for better tolerance and awareness of our faith rather than forcing us to conform.

12. Not Making a Display of The “Trophy” Wife

If you follow Khabib’s Instagram, you won’t find lewd pics of him and a significant other. In fact, you won’t find any pictures at all of him and his wife. Who she is is a mystery to all. In an age and a sport where many post photos with their romantic partners, Khabib again is a standout with his gheerah, his honorable protectiveness for his significant other.

Khabib and his wife

The Reminder

We are again reminded that a part of manhood is to have protective ghayrah, jealousy over one’s spouse. Ibn al-Qayyim also said, bringing in the concept of chivalry,

“The dayyuth / cuckold is the vilest of Allah’s creation, and Paradise is forbidden for him [because of his lack of ghayrah]. A man should be ‘jealous’ with regards to his wife’s honor and standing. He should defend her whenever she is slandered or spoken ill of behind her back. Actually, this is a right of every Muslim in general, but a right of the spouse specifically. He should also be jealous in not allowing other men to look at his wife or speak with her in a manner which is not appropriate.”

13. Owning His Mistakes, Looking to Be Forgiven

Finally, it should be noted there is no real scholarly disagreement on prohibiting striking the face. Recognizing this, Khabib stated when asked if “he thinks the AlMighty will be satisfied with him for taking part in haram fights for money,” he replied, “I don’t think so.”

In an interview with the LA Times, he said:

“You go to mosque because nobody’s perfect. Everybody makes mistakes, and we have to ask Allah to forgive us. This is very important mentally, to be clear with Allah. This is not about the UFC. There is nothing else more important to me than being clear with Allah. And being clear with Allah is the No. 1 most hard thing in life.”

The Reminder

We as human beings aren’t perfect – perfection is only for Allah subḥānahu wa ta'āla (glorified and exalted be He). We all make mistakes, sometimes small, sometimes large, but in the end, He subḥānahu wa ta'āla (glorified and exalted be He) is ready to forgive us if we’re willing to recognize our failings and ask to be forgiven.  Allah says in the Qur’an in 2:222:

“Allah loves those who always turn to Him in repentance and those who purify themselves.”

There are no sins so great that redemption is beyond any of us. Whatever Khabib’s flaws, his value as a positive change maker and faith-based role model globally outweighs his negatives.

Part of seeking forgiveness is the process, and the first part of that process is acknowledging the mistake. This means not being in denial about it or not justifying it, just owning it. As Khabib has owned his mistake publicly, there is no need for us to try and justify it either.

We can own that there are problems with MMA and the industry, in participating as well as watching and supporting. At the same time, we can do as Dr Hatem al-Hajj said about Muhammad Ali:

Concluding Thoughts

While UFC pundits will forever debate over the greatest of all time, there is in doubt that Khabib Nurmogomedov, the first Muslim UFC champion, will always be our GOAT.

I ask that Allah subḥānahu wa ta'āla (glorified and exalted be He) accepts the good from what Khabib has done, rewards him tremendously for the inspiration he’s given us all to better focused on the akhirah, the next life, and continues to make him a powerful sports icon who uses his platform as Muhammad Ali did to teach Islam and exemplify it in the best way for all of us to benefit and follow.

Ameen.

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The Prophet (SAW) has taught us the best of deeds are those that done consistently, even if they are small. Click here to support MuslimMatters with a monthly donation of $2 per month. Set it and collect blessings from Allah (swt) for the khayr you're supporting without thinking about it.

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#Life

Living During a Pandemic, Plan for Death in Your Lifetime

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Plan for death, Islamic will

Panic over the global public health steamroller COVID-19 has many of us in the Muslim community thinking about the future: specifically a future without you, the reader, in this world, amongst the living.

There are many articles about how you should not touch your face or how to make bootleg hand sanitizer with vodka to avoid death for the time being. This article will do none of those things. Let’s just assume that no matter your big-box shopping habits or travel plans, you are going to die eventually. Panic is a reflection of our sense of mortality and the care we have for our loved ones and communities.

When you die, you leave behind people, possessions, and often real estate and businesses. You have responsibilities to deal with when you are no longer here, to your family, your customers, lenders, employees, and others. Of course, you can’t deal with these responsibilities yourself, since you will be dead. The purpose of this article is to help you sort out how your responsibilities will be carried out.

Inheritance in Islam

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Everything in the heavens and the earth and all that it contains belongs to Allah. Everything you have that you cannot take with you has been entrusted to you while you are here. Though this is rarely the topic of khutbahs on Jummah (back when we used to do that kind of thing) Islamic Inheritance is fard on all Muslims who have stuff they won’t take with them. Your property is not your own.

Everything in the heavens and the earth and all that it contains belongs to Allah. Everything you have that you cannot take with you has been entrusted to you while you are here.Click To Tweet

Allah has ordained inheritance in the Quran. That means inheritance is not distributed based on your sense of vanity and what you think is better but based on the command of Allah.  This is different from the way we usually do things in the United States. Doing inheritance right is obeying Allah. It is an essential act of worship most American Muslims seem to ignore, to the extent we are familiar with it at all. Inheritance is a bigger deal than most Muslims seem to realize. Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Quran prescribes hellfire for those who disobey Allah’s command. If you go without obeying Allah’s command on inheritance, that is your parting shot, a legacy of injustice and disobedience to Allah.

Doing inheritance right is obeying Allah.Click To Tweet

There are a great many Muslims I have come across over the years who are offended by Islamic Inheritance; just the notion makes them sick. I don’t know what to do for them.

Islamic Inheritance is fundamental to our society and for maintaining peace in our families and communities. It is a bulwark against intra-family oppression and conflicts, protects orphans while uniformly apportioning rights. It is a remarkable system that benefits humanity. You can read this comprehensive guide on Islamic Inheritance if you want further exposure to the subject. Prophet Muhammad ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) is reported to have said: “learn fara’id (Islamic rules of inheritance) and teach it to the people.”

So if you gain anything from your current bout social isolation, learn about Islamic Inheritance.

Wasiyyah

Many people translate “wasiyyah” to “last will.”  This is fundamentally wrong, at least when it comes to the American understanding of what the last will is.  While both are written instructions, the last will and wasiyyah have unique limitations that have no relationship with each other.

You can give up to 1/3 of your estate for beneficial purposes. You could give to charity or those who do not already inherit from you. It is common for beneficiaries of the wasiyyah are poor relatives overseas or grandchildren not entitled to inheritance.  You should read this guide for how the wasiyyah works.

If you go without obeying Allah's command on inheritance, that is your parting shot, a legacy of injustice and disobedience to Allah.Click To Tweet

Guardianship for minor children

For those with minor children, guardianship is often an urgent yet often ignored concern. You should have a solid understanding of what could happen in the event your children become orphans, and there is no living parent. Will they go to child services? Would grandparents fight over them? Might that weird uncle will attempt to get custody and try to convert them to atheism? Do you have family overseas, but they cannot travel to the United States because of a global pandemic?

Of course, you don’t know what will happen. All planning is about creating a rule book for an indeterminate time in the future where you have no idea about the circumstances of the people you will leave behind. You can read an article at MuslimMatters from a few years ago called “how to raise your children when you’re dead.”  I have also prepared a more comprehensive guardianship guide for Muslims.

Guardianship is either addressed through a last will or separate writing in states that allow this. You do not name guardians in a living trust.

Incapacity Planning

This part is not technically planning for death, but it is commonly included in estate planning.  Many people end up living longer lives but are dependent on others. There is a process in every state for the government to take away a person’s liberty, not for a crime they committed, but to protect them from exploitation and financial elder abuse, leading to poverty. Scammers, both online and offline, tend to target people who fit a particular profile.

This legal protective process is called “conservatorship,” and it is costly, and the hearings and documents are public. Part of estate planning is to protect the dignity and privacy of people while their families make decisions.

It is common for people who do their estate planning to have both a living trust and power of attorney. Incapacity provisions in a living trust only cover assets that are registered the living trust. Certain kinds of property, like IRAs, are not owned by a living trust.

Healthcare Directives

States generally have their forms for making healthcare decisions. These are recognized by hospital staff for those times when a patent cannot give them consent to do things. You need to name someone you trust that can make decisions for you.

Healthcare Directives ask questions beyond naming proxies. For example, they will ask about your preference when if you have an incurable illness, in a coma, and doctors are saying you have no reasonable chance of getting out.

These directives may also ask about your organ donor preference. Do you want to be a donor at all? Are you ok donating for organ transplants? Would you mind if medical students dissected your body and posted the pictures on Instagram? Such minutiae won’t necessarily be in these forms, but that’s what they could mean, depending on the permission you give.

Healthcare decisions can be an extraordinarily complex area, with much written about the subject. Your planning documents cannot account for future medical conditions. Whatever you write, other than who has decision-making authority is going to be necessarily vague. Reading these things may leave you wondering about things like what is an “incurable illness”? What is “a reasonable period of time”?

Focus on the concrete, who you trust to make these decisions, rather than potential hypothetical scenarios around your medical care.

These are situations where loved ones face painful choices. You can make it clear who makes decisions; however, no document makes medical treatment issues less difficult for loved ones.

Will or a Trust?

A question for many is, what do you do, living trust or a will? What that question means is should the main provisions of an Estate Plan, which is the overall plan for organizing your affairs, be in a trust or a will, which are both different kinds of documents. When you have a living trust, you almost always have a last will as well. Those who have last will- based plans could have several trusts inside them.

Wills, trusts, powers of attorney and everything else you do in service of organizing your affairs are pieces of paper.  The specific documents you create are ways of fulfilling your goals, they are not the goal by themselves. A trust is a form of a contract with usually no judicial supervision. A last will is similar, but there are instructions for a judicially supervised process called “probate.” The main difference between a will or a trust is a judge’s oversight.

For most everyone with property, we will typically recommend a trust-based estate plan that includes several documents. Like any contract, what a trust says and does can vary widely. To learn more about trusts, especially Islamic Living Trusts, read this article.

A lawyer or no lawyer

Lawyers are expensive. Most people would rather not spend thousands of dollars on something if they could avoid it. Lawyers just produce pieces of paper, right? Why not just do it yourself? Just go to a website that fills out blank spaces in a template and pay far less than a lawyer?

As an Islamic Estate Planning Lawyer myself, I will attempt to avoid saying anything that sounds self-interested. My advice to anyone who asks is that while inheritance is fard in Islam, nothing you do is worth it unless you have peace of mind from doing it. You may be the person that strives to pray, read the Quran, and give in charity and deal with your family with excellence because that is what gives you peace of mind. Do any of these things in a way that makes you uneasy, well, you don’t have peace of mind.

If going to a form filling website or writing a will by hand gives you peace of mind, do that. If getting advice from an experienced attorney gives you peace of mind, then do that.

Merely going to a lawyer, even an especially experienced one, should not give you peace of mind by itself. The lawyer needs your active engagement in the process to make sure you are doing right by everyone. Educate yourself about Islamic Estate Planning to make sure that elements specific to your family and business are the way you want. Estate Planning is one of the most important things you will be doing for your family, and you should attend to it with the seriousness it deserves.

You hire a lawyer because of his or her knowledge of the law, Islamic rules, and experience in developing solutions. You should never hire a lawyer in any situation to act as your substitute brain.

Selecting a lawyer

Estate Planning is a field most lawyers know little about. Many state bars will certify “specialists” in the field.  \However, it is possible for you to find an attorney well-versed in the area but not a board-certified specialist.

Your planning involves contractual, state, and federal law elements. Ideally, you will have a lawyer in your state who is a Muslim and knowledgeable about both estate planning and Islamic rules. Unfortunately, this is not always possible.

Arizona Attorney Yaser Ali and I (California and Texas licensed) wrote a “Practice Guide” for lawyers called “Estate Planning for the Muslim Client” (2019, American Bar Association). The idea behind this project was to give lawyers, regardless of creed or state of residence, an understanding of Islamic Inheritance and how Islamic rules figure into various established estate planning strategies for Muslim clients.

The book also provides templates and examples. We intended the book to be useful for such lawyers to help their Muslim clients plan. Of course, it is common for lawyers also to get help or co-counsel across jurisdictions. The lack of a lawyer with expertise on Islamic Inheritance rules in your local area should not be an excuse.

For people with few assets

The biggest problem with hiring lawyers is that they usually charge for their services. Many Muslims with relatively modest assets might not think it’s worth it.  However, a woman with a few thousand dollars in assets may want to do something, like name guardians for minor children, name an executor and provide instructions on how to divide her modest estate without giving most of it to a lawyer. In such instances, a “do it yourself” approach may make sense, or at least it’s better than doing nothing.

Islamic will templates are freely available all over the internet, with varying levels of usefulness and value. Attorney Yaser Ali has created a template and form filling website where anyone can create a last will and calculate inheritance and a state-specific will for free. If you cannot afford a lawyer, you should take a look at this resource. It does not replace a lawyer, however.

Burial Instructions 

One place the Muslim community excels at is burial. Most everywhere in the United States, there are volunteers and paid staff who quickly and efficiently deal with the entire process of ghusal, janazah prayer, and burial. We can often measure the time between death and burial in hours, not days. Sometimes there are reasons for a delay, however. In this kind of environment, people don’t look around for instruction documents, other than proof of ownership of a burial plot.

My advice on burial instructions, at least in the local area that I live, for most Muslim families is not to worry too much. Your family and friends will know what to do and don’t need your help in the matter. Sometimes, people want to include detailed instructions; things like women should not cry loudly. Don’t overthink these things.

There are solid reasons for detailed burial instructions, though. One that comes up regularly is for Muslims who do not have Muslim families. For such individuals, merely having burial instructions is not enough. Such a person should name a Muslim friend, or perhaps more than one, in health care documents. People from the Muslim community need to know when a Muslim is sick in the hospital and, of course, when he or she has died.

There is far more to preparing for death, but a whole lot of that involves life itself.

For more on that, attend Jummah khutba when they start offering it again, InshaAllah.

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#Life

Advice To Students Starting A New School Year

Ammar Al Shukry

Published

students

I remember driving to college orientation over the summer with my father, may Allah have mercy on him. I was going to be going to school out of state, and at the age of eighteen, this was the first time that I would be living away from home. 

We talked about a lot of things, and nothing in particular but one of the stories he shared stayed with me. There was an Imam who had a close circle of students and one of them became absent for an extended period. Upon that student’s return, the Imam asked him where he had been, to which the student replied, 

“Egypt!” The imam said to him, “well how was Egypt!” 

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The student replied, “Egypt is where knowledge resides.” 

The Imam responded, “You’ve spoken the truth.” 

Sometime later, the imam had another student who also was absent and upon his return, the Imam asked him where he had gone to which the student replied, “Egypt!” The imam said to him, “Well, how was Egypt?”

The student said, “Egypt is nothing but amusement and play!” 

The Imam responded, ‘You’ve spoken the truth!” 

There were students who had witnessed both conversations and asked the Imam later why he had borne witness to the truth of two antithetical statements to which the imam replied,

“They both found what they were looking for.” 

I got the message. University could be a place of incredible learning, engagement with ideas, and can push you and challenge you in the best of ways. It can also be a non-stop party. A blur of heedlessness and hedonism that will bring about remorse and regret for that individual in the Dunya and Akhira. 

I think back to that car ride fondly, and I appreciate the predicament of parting advice. A person who will be bidding farewell to someone so dear to them and wanting to give them something powerful that they can hold onto or wisdom that will guide them. Many students in the past weeks have been receiving similar parting advice from their families, and so in this article I wanted to share one of the advice of the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) that he gave to a companion that he loved so much. 

عَنْ أَبِي ذَرٍّ جُنْدَبِ بْنِ جُنَادَةَ، وَأَبِي عَبْدِ الرَّحْمَنِ مُعَاذِ بْنِ جَبَلٍ رَضِيَ اللَّهُ عَنْهُمَا، عَنْ رَسُولِ اللَّهِ صلى الله عليه و سلم قَالَ: “اتَّقِ اللَّهَ حَيْثُمَا كُنْت، وَأَتْبِعْ السَّيِّئَةَ الْحَسَنَةَ تَمْحُهَا، وَخَالِقْ النَّاسَ بِخُلُقٍ حَسَنٍ”

رَوَاهُ التِّرْمِذِيُّ [رقم:1987] وَقَالَ: حَدِيثٌ حَسَنٌ، وَفِي بَعْضِ النُّسَخِ: حَسَنٌ صَحِيحٌ. 

On the authority of Abu Dharr Jundub ibn Junadah, and Abu Abdur-Rahman Muadh bin Jabal (may Allah be pleased with him), that the Messenger of Allah (peace and blessings of Allah be upon him) said

“Have Taqwa of Allah wherever you are, and follow a bad deed with a good deed it will erase it, and treat people with good character.” (Tirmidhi)

The advice is comprised of three components

  1. Fear Allah wherever you are 
  2. Follow a bad deed with a good deed it will erase it 
  3. Treat people with good character 

Have Taqwa of Allah wherever you are 

Taqwa is the crown of the believer. And it is the best thing that a person can carry with them on the journey of this life, and the journey to meet their Lord. Allah says, 

“And take provision, and the best provision is Taqwa.” 

عَنْ أَبِي هُرَيْرَةَ، قَالَ سُئِلَ رَسُولُ اللَّهِ صلى الله عليه وسلم عَنْ أَكْثَرِ مَا يُدْخِلُ النَّاسَ الْجَنَّةَ فَقَالَ ‏”‏ تَقْوَى اللَّهِ وَحُسْنُ الْخُلُقِ ‏”‏ ‏

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) was asked as to what admits people into Paradise the most and he said, “Taqwa and good character.” (Tirmidhi) 

And so what is Taqwa?

Talq ibn Habeeb gave a beautiful definition and description of Taqwa when he said, 

“Taqwa is to act in obedience to Allah, upon a light from Allah, seeking the reward of Allah. And it is to avoid the disobedience of Allah, upon a light from Allah, fearing the punishment of Allah.” 

And so he describes taqwa as having three components; the action, the source for that action, and the motivation for that action.”

To act in the obedience of Allah..

To do the things that Allah commands you to do and to stay away from what Allah prohibits you from doing 

Upon a light from Allah..

The source for the action or inaction must come from revelation, a light from Allah. And this should stir us to seek knowledge so that our actions are onem guided by a light from Allah. You’ve made it to University, you are bright, gifted, intelligent and committed to education.  Do not let be the one thing that you remain uneducated about be your religion. 

Allah subḥānahu wa ta'āla (glorified and exalted be He) says, 

يَعْلَمُونَ ظَاهِراً مِّنَ ٱلْحَيَاةِ ٱلدُّنْيَا وَهُمْ عَنِ ٱلآخِرَةِ هُمْ غَافِلُونَ

They know what is apparent of the worldly life, but they, of the Hereafter, are unaware. (Al-Room v. 7)  

The prophet (S) said, “Allah hates every expert in the Dunya who is ignorant of the hereafter.” (Saheeh Al-Jaami’)

Make sure that you carve out time to attend halaqas on campus, seek out teachers and mentors who will guide you in learning about your religion even as you are pursuing your secular studies..

Seeking the reward of Allah..

The third component of Taqwa is the motivation:  that these actions that are being performed and that are sourced authentically in revelation must be performed for the sake of Allah, seeking His reward, and not for any other audience. That they not be done for shares, or likes or retweets. That a person does what they do of worship, that they abstain from what they abstain from of sin, seeking the reward of Allah and fearing His punishment. 

Fear Allah wherever you are..

Meaning in public and in private, online or offline, and when in the company of the righteous as well as when in the company of the wicked, in all circumstances a person must be mindful of the presence of Allah..

 عَنْ ثَوْبَانَ عَنِ النَّبِيِّ صلى الله عليه وسلم أَنَّهُ قَالَ : ( لأَعْلَمَنَّ أَقْوَامًا مِنْ أُمَّتِي يَأْتُونَ يَوْمَ الْقِيَامَةِ بِحَسَنَاتٍ أَمْثَالِ جِبَالِ تِهَامَةَ بِيضًا فَيَجْعَلُهَا اللَّهُ عَزَّ وَجَلَّ هَبَاءً مَنْثُورًا ) قَالَ ثَوْبَانُ : يَا رَسُولَ اللَّهِ صِفْهُمْ لَنَا ، جَلِّهِمْ لَنَا أَنْ لاَ نَكُونَ مِنْهُمْ وَنَحْنُ لاَ نَعْلَمُ ، قَالَ : ( أَمَا إِنَّهُمْ إِخْوَانُكُمْ وَمِنْ جِلْدَتِكُمْ وَيَأْخُذُونَ مِنَ اللَّيْلِ كَمَا تَأْخُذُونَ وَلَكِنَّهُمْ أَقْوَامٌ إِذَا خَلَوْا بِمَحَارِمِ اللَّهِ انْتَهَكُوهَا

It was narrated from Thawban that the Prophet ﷺ said:

“I certainly know people of my nation who will come on the Day of Resurrection with good deeds like the mountains of Tihaamah, but Allah will make them like scattered dust.” Thawban said: “O Messenger of Allah, describe them to us and tell us more, so that we will not become of them unknowingly.” He said: “They are your brothers and from your race, worshipping at night as you do, but they are people who, when they are alone with what Allah has prohibited, they violate it.” 

This hadeeth is a warning for the person who is quick, eager and ready to violate the limits of Allah as soon as the door is locked, or the curtains or drawn, or as soon as they have arrived in a new place where no one knows them. We will sin, but let our sins be sins of weakness or lapses of taqwa and not sins of predetermination and design. There is a big difference between someone who sins in a moment’s temptation and the one who is planning to sin for hours, days or weeks! 

And follow a good deed with a bad deed it will erase it..

When we fall, as we must inevitably due to our being human, the prophet (S) instructed us to follow a sin with a good deed to erase it. 

Commit a sin, give charity. 

Commit a sin, perform wudhu as beautifully as you can and pray two rak’ahs. 

Commit a sin, seek Allah’s forgiveness and repent…

Our sins should not suffocate us from doing good deeds, they should fuel us to doing good deeds. 

Allah says,

وَأَقِمِ ٱلصَّلاَةَ طَرَفَيِ ٱلنَّهَارِ وَزُلَفاً مِّنَ ٱلَّيْلِ إِنَّ ٱلْحَسَنَاتِ يُذْهِبْنَ ٱلسَّـيِّئَاتِ ذٰلِكَ ذِكْرَىٰ لِلذَّاكِرِينَ

And establish prayer at the two ends of the day and at the approach of the night. Indeed, good deeds do away with misdeeds. That is a reminder for those who remember. (Surat Hood v. 114) 

A man from the Ansar was alone with a woman and he did everything with her short of fornication. In remorse, he went to the prophet (S) and confessed to him. Umar said to the man, “Allah had concealed your sins, why didn’t you conceal it yourself!” The prophet (S) however was silent.

The man eventually left and the prophet (S) had a messenger go to him to recite the aforementioned verse.  A man said, “Oh Messenger of Allah is it for him alone?”

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “No for all people.” 

And so for all people, sin plus good deed equals the sin is erased. That is a formula to be inscribed in our hearts for the rest of our lives.

Al-Hassan Al-Basri, the master preacher of the Tabi’een was asked,

“Should one of us not be ashamed of our Lord, we seek forgiveness from our Lord and then return to sin, and then seek forgiveness and then return!” 

He said,

“Shaytan would love to conquer you with that (notion), do not grow tired of seeking forgiveness”

But know that these sins that are erased by good deeds are the minor sins, as for the major sins they require repentance for the many verses in which Allah threatens punishment for those who commit major sins if they do not repent, and so repentance is a condition for the erasing of the effect of major sins. 

And treat people with good character 

And if Taqwa is the crown of the believer, then good character is the crown of Taqwa, for many people think that taqwa is to fulfill the rights of Allah without fulfilling the rights of His creation! The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) in many hadith highlights the lofty stations that a believer attains with good character, for example: 

عَنْ عَائِشَةَ، رَحِمَهَا اللَّهُ قَالَتْ سَمِعْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم يَقُولُ ‏ “‏ إِنَّ الْمُؤْمِنَ لَيُدْرِكُ بِحُسْنِ خُلُقِهِ دَرَجَةَ الصَّائِمِ الْقَائِمِ

The Messenger of Allah ﷺ said: By his good character a believer will attain the degree of one who prays during the night and fasts during the day. (Tirmidhi)

عَنْ أَبِي الدَّرْدَاءِ، قَالَ سَمِعْتُ النَّبِيَّ صلى الله عليه وسلم يَقُولُ ‏ “‏ مَا مِنْ شَيْءٍ يُوضَعُ فِي الْمِيزَانِ أَثْقَلُ مِنْ حُسْنِ الْخُلُقِ وَإِنَّ صَاحِبَ حُسْنِ الْخُلُقِ لَيَبْلُغُ بِهِ دَرَجَةَ صَاحِبِ الصَّوْمِ وَالصَّلاَةِ 

Abu Ad-Darda narrated that the Messenger of Allah  ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him)said:

“Nothing is placed on the Scale that is heavier than good character. Indeed the person with good character will have attained the rank of the person of fasting and prayer.” (Tirmidhi)

Let no one beat you to the taqwa of Allah and let no one beat you to beautiful character. 

You’ve come of age at a time in which the majority of our interactions are online, and in that world harshness and cruelty are low hanging fruit seemingly devoid of consequences. 

The Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “Whoever lives in the deserts becomes harsh.” (Abu Dawood) 

And social media is a desert, it is an experience where we are all alone, together. 

So choose gentleness over harshness, choose forgiveness over vindictiveness, choose truth over falsehood and protect people from your harm. 

For the Prophet ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) said, “I am a guarantor of a house in the highest part of Jannah for whoever makes their character good.” 

May Allah make us from them. 

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The Prophet (SAW) has taught us the best of deeds are those that done consistently, even if they are small. Click here to support MuslimMatters with a monthly donation of $2 per month. Set it and collect blessings from Allah (swt) for the khayr you're supporting without thinking about it.

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