Mosques built by a Kaafir state for its Muslim inhabitants

Question: We are Muslims living ina kaafir state, and the government has now started to build some mosques in the places where Muslims live. Is it permissible for us to recognize these mosques even though we have no built them ourselves at the time when we are able to do that, and even though their roofs are made of leaves from trees, knowing that the government is currently keen to please the Muslims so that the Muslims will stop opposing the government? We should also note that we do not know where this help is coming from, is it really from the government or from our Muslim brothers overseas? We hope that you can give us a reply.

Answer: Praise be to Allaah.

It is well known that governments and the peoples under their rule share different kinds of rights and duties, financial, physical and moral. If the situation is as you mention, that the government under whose care you are in Christian, and that it has started to build mosques in the Muslim areas and that it is fulfilling its duties towards those who are under its care, and meeting their needs and providing them with worldly and religious public facilities in return for the Muslims’ doing their duties towards it and the benefits it earns from them, then in this case there are no reservations about you accepting the mosques that it is providing in fulfilment of its duties towards you. But this should not involve any reminder to you of its favours, or expectation of something in return . indeed, you should accept these mosques and ask for more and for the establishment of Islamic schools. You should not be deterred from asking for all your rights, religious and secular, just because you have been given some of them.

You should also cooperate amongst yourselves to establish other facilities such as mosques, Islamic schools and anything else that you need, whilst also taking care that the stewardship and supervision of mosques and schools etc., built for you by the government should be given to Muslims, not to others, so that nothing happens in them that goes against sharee’ah. This is in accordance with the words of Allaah (interpretation of the meaning):

“Help you one another in Al-Birr and Al-Taqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2]

As regards the money that was spent by the government, you do not need to know where it came from, because there is no daleel to suggest that this is necessary.

[Fataawa al-Lajnah al-Daa’imah, 6/262]

Hajj and `Umrah without a mahram

Question: Someone from Germany asks: In Germany, a number of Muslim sisters have recently embraced Islaam, Some of them are old and others are young and many do not have a mahram from their own family as no-one else from their family has accepted Islaam. Is it therefore permitted for them to make Hajj or ‘Umrah with a group led by both Muslim men and women?

Answer: It is not correct that we say that such women should make Hajj or ‘Umrah because if a woman does not have a mahram, Hajj and ‘Umrah are not obligatory for her. However, there is another issue here: Is it not obligatory for her to perform them or are they not even obligatory upon in the first place.

What is more common in the Hanbalee Madhhab is that Hajj is not obligatory upon her in the first place, even if she has enough money but has no mahram. Hajj is, therefore not obligatory upon her and if she dies she would not be punished for not performing it.

Allaah (Subhaanahu wa Ta’aala) says:

{And Hajj to the House is a duty to Allaah, for whoever has the ability to make the journey} [Soorah Aal-‘Imraan, Aayah 97].

Having the ability is a condition for it to be obligatory and ability is of two kinds: ability according to Islaamic law and material or physical ability. Health and sufficient money are part of material ability while having a mahram is a part of the ability required by Islaamic law. Whoever does not have a mahram is like the one who does not have sufficient money. Accordingly, we must assure those women that do not have a mahram that Hajj is not obligatory upon them.

Some scholars, however, are of the opinion that having a mahram is a condition for performing Hajj and if a woman does not have one then she should appoint someone to perform it instead of her if she has sufficient money. She is like those who cannot perform Hajj themselves because of old age and so someone else does it for them.

In any case, there is a solution, and all praise is for Allaah, for whichever opinion is followed. If we say that Hajj is not obligatory upon her in the first place, then there are no obligations upon her whatsoever, neither upon her wealth nor upon her body. If we say that it is not obligatory for her to perform it and she has sufficient money to do so, then she should pay someone to perform it for her and it serves instead of her performing it herself. There is, therefore no difficulty or problem in the issue.

And all praise is for Allaah.

[Shaykh Ibn ‘Uthaymeen, al-Aqalliyaat al-Muslimah – Page 77, Fatwa No.18]

Published: 20 September 2000