Slaughtering of animals

Q: Please view the following quotation and verify:

The default ruling for the meat is Haram unless conditional clause of “إِلَّا مَا ذَكَّيْتُمْ (unless you have properly slaughtered)” is fulfilled which renders it permissible to consume.

So, what is the default when it comes to the meat of animals before they are slaughtered? The default regarding animals as a whole is that they are halal unless there is a text forbidding them.

However, the default specifically regarding eating the meat of these animals is that it is haram until we are sure that they have been slaughtered properly. So, if doubt is introduced, we go back to the default ruling. This is a very important principle that many who write about the issue of slaughtered meats are heedless of, as they throw out the phrase ‘the
default in things is their permissibility’ and ‘certainty is not removed by doubt,’ and they conclude that the default in these doubtful meats is therefore that they are halal. This principle that all of the scholars of Fiqh have confirmed – either implicitly or explicitly – is that the default ruling of animals is that they are haram until it is confirmed that they have been slaughtered properly. And Imam Nawawi (RA) said in Al-Majmu, “This principle is a point of consensus between the scholars, and there is no dispute regarding it,” and he commented (in his commentary of Saheeh Muslim) on the hadith of ‘Adiyy bin Hatim that will be mentioned (if Allah Wills) by saying: “It shows an important principle, and this is that if
there is any doubt regarding the method of slaughter of an animal, it is not allowed to eat it due to the fact that the default ruling is that it is forbidden, and there is no dispute on this.” 

(The Ruling on Meat Slaughtered In the West by Shaykh Abdullah Azzam Shaheed (RA))

Inheritance

Q: In 1987 my father died living behind my mother, 3 sisters and 1 brother. The estate is a plot of land of 7566sqs ft with a constructed house of about 2500sqft. My mother, brother and one sister till her marriage and one sister with her husband and kids were staying in the house. Till 1998 nobody did the division of estate. However, my mother and brother were using the house and the open area as per their wish. They kept tenants in the house and open area to people for use to earn money. My two sisters left the house in 1991 and 1998. I asked my mother that as division has not been done so I should get the share from the earnings from the house. But no action was taken at that time. In 2009 when I lost my husband at the funeral my brother said to divide the estate of my father. However from 2009 there were only discussions and nothing was decided jointly. But my brother proposed that he will take full house and will give open area as share to the sisters. When in 2012 I told to my brother that I will also stay in the house he does not let us enter after several times saying that he has no objection. And he is earning from the house and not let us enter the house to stay. 

  1. Does Shariah allows my brother and mother use the full house alone from 1987 as per their wish?
  2. Is there any share for us from the earnings because we are also share holders of the house?
  3. Can we sisters claim for part of the constructed portion & unconstructed portion according to the total area we can get from the whole property?
  4. If at all we get the portion of of the house it will be too small to use and it will require some basic renovations. Who will bear the cost?
  5. If we want to demolish the part of house which we may get after division, then who will bear the cost for pilling pillars for saving my brothers portion?
  6. He is not letting us enter the house and I am staying on rent. But he is staying free in our father’s house. How this can be solved? Is he not responsible for our rents?

Consent of the wali

Q: I have a question regarding the consent of a wali in a hanfi nikah? I have done extensive research on the topic and in many instances it states that a wali is advisable but not entirely required in all circumstances. Can you clearify this for me?

Mazi

Q: Usually, when a husband and wife take pleasure from one another i.e. kissing, hugging, foreplay etc. without having intercourse a discharge emits from the private part known as Madhi (pre-ejaculatory fluid). Does ghusal become waajib if mazi is discharged?

Reciting منها خلقناكم when throwing sand in the grave

Q: Is there any authentic hadith from the books of hadith about: When throwing the first handful one should say, "Of this (i.e. the earth) We created you," and on the second one should say, "And to it shall We cause you to return," and on the third handful one should say, "And of it We shall cause you to be resurrected a second time. Please give me the references.