Class - About Jenazah, Hukum Faraidth and Talaq

This is Ustaz Suhaimi! Quite advanced already. This week, he brought his laptop so his listeners can view power point slides.

And this is Syuk-Ma- Ladoo!

I’m finally back to Ustaz Suhaimi’s class after having attended some really good maulids on the past Sundays.

Today’s lesson was a bit on Jenazah, Hukum Faraidth and Al Talaq.

Here are the pointers:

- Handling of jenazah is a Fardhu Kifayah.

- The donations or sumbangan that you received from visitors (relatives and neighbours) are meant to pay for the whole death ceremony.

- The family of the dead can’t use the money received for something else, like food and water.

- There is no need to even serve food and drinks during the death ceremony. It is not a sunah. In fact, a lot of Ulamaks Shafie says it is haram to serve food and drinks during the death ceremony.

- But it is sunah for outside people (like neighbours) to serve food only for the dead person’s family. Not for the visitors.

- Air mawar can be expensive. So there is no need to use air mawar. You can just use water.

- In the end, what matters is the amalan of the dead person.

- HUTANG (debt) comes in 2 forms:

1) To Allah SWT:

- It is wajib for the family of the dead to zakatkan the dead person or waris the moment they receive his CPF money. It is haram to eat the money or food that is meant for zakat.

- Haji - The most afdal is to get the eldest son, who is soleh, to perform the Haj for the waris.

- Fasting - The family can qadak kan the fast for the dead waris but that is optional. What is wajib is the family must pay fidiyah for the dead waris. 

2) To other human beings:

- Hadith Nabi Muhammad SAW states that the roh of the person will be tergantung (hang) should he still have debts to other human beings when he passed away. How the roh will be hung is not described by Nabi. Wawahhuallam. The roh will continue to hang until his family settle all his debts.

- Ayat hutang is the longest. Allah has made it specific.

- While Allah knows all, it is sunah to have 2 saksi to the debt, for credibility so that the family of the dead waris can settle the debts as soon as possible.

HUKUM FARAIDTH.

- When the waris die, the wasiat to other people cannot be more than 1/3 of the will other than the waris.

- Sunah Rasullullah states that it is better to leave your family rich than leave them begging from other people.

- Can a waris leave 1/2 of the wasiat to his/ her own child? No. Even though the will is written before the waris pass away.

- In general, Islam protects the wasiat of the waris. It must still be 1/3. The will which states 1/2 of the harta will not be considered.

- What is the hukum of someone who has the money to perform Haj in his lifetime but did not and passed away? - Allah will murka that person.

- Also, you cannot eat duit anak yatim. Another person cannot steal away what’s rightfully left for the children of the dead waris. You will be dealt with severely by Allah.

- WAQOF - The pahala is extremely great.

- Say if a waris pass away and has a house but did not put it in the will. In civil law, the children can just sell away the house and split the profit.

- But in Islamic way, the children could actually waqof part of the house to build a mosque. The brick will be broken down and re-used in the construction of a mosque.

- Allah meningkatkan orang yang beriman. But Allah will meningkatkan lagi those who are beriman and berilmu.

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ON DIVORCE.

Ustaz ended off by answering some of the kemusykilan agama. And one of it touched on divorce.

Each of us has a tree in akhirat. And if you are being divorced, your tree will shake vigorously.

The only thing that Allah hates that is halal but tak digalak kan is cerai.

It is unfortunate that young divorces occur because these people do not seek ilmu and learn.

The question is what is the consequence when a husband mention “From now on, aku ceraikan kau”?

There is no mention the degree of the talaq. Al-Talaq in the qitab says talaq tiga means no hope, practically. You would have to marry a blind person before you can get back to your previous spouse.

So in this context “aku ceraikan kau” means it is talaq satu.

- In Syariah law, talaq satu means there is a chance where the husband would have to rujuk the wife back and tell her he wants her back as his wife.

- The wife would be considered in edhar. The wife can still cook for him, wash his clothes, salam him, live in the same house as him, but the wife cannot sleep with him. The husband would still have to tanggung her food, shelter and give her nafkah.

- In edhar, the husband has 3 months to rujuk the wife. The purpose of the wife still being very much of a wife to the husband except for the sleeping part, is to encourage the husband to rujuk her and take her back as his wife.

- The rujuk is preferably done in front of two male saksi, a sunah. However if there are no witnesses, it is still fine. Allah will still accept the rujuk of the husband.

- Is it necessary to rujuk at the Makhamah Syariah? No. However if the couple decide to go to Makhamah Syariah, there will be a record on the number of times the divorce is mentioned. There will also be councelling.

- Why is the record necessary? Take note below.

- This is because in Islam, even though if it is talaq satu, and if the husband has already lafazkan talaq satu three times to the wife, the third time, it would be considered a talaq tiga. There is no longer a chance to rujuk. The wife is now an ex-wife and cannot live under the same roof as the ex-spouse.

- So if you are a husband, control your anger and do not take the word cerai lightly because you are not able to take it back after three times. Whether you meant it jokingly or threateningly to cerai the wife, even though you may not mean it, the divorce has already taken place.