WHAT A MOTHER OF HIS SON WHEN TO DISCHARGE AQIQAH his father had DIVORCE?

I have a friend who just sign in Islam, but he lives with his family who are still non-Muslim. Now she is pregnant while her husband was divorced and living in another country. Her husband is also a Muslim. She asked about the legal aqiqah. Is it obligatory for him to perform aqiqah baby to be born. How to implement it, whether he is obliged to perform azan in the ear after the baby is born?

 

Alhamdulillah

First;

Aqiqah is Sunnah, not obligatory for the mukallaf. Who performed the Sunnah, his reward and priorities. And who does not fulfill them, he was negligent, but did not get the blame. So is the opinion majority of scholars as they have been described in the answer no. 162 021 , 20 018 , 38 197 .

Second:

Basically, the rule of property aqiqah father of the child, not on the property of his mother, nor of the child’s own property. Because commanded in this case is the father in the hadiths related to Islamic aqiqah.

However, the fuqoha said, “It is permissible for the father to do aqiqah apart for the children in these circumstances;

1- If the father and refused to do aqiqah default.

2- If he had asked permission from his father to succeed him do aqiqah her and she then let her.

They quoted was narrated from Ibn Abbas, he said, “Messenger of Allah sallallaahu alaihi wa sallam did aqiqah to Hasan and Husain radhiallahu anhuma with two goats, two sheep.” (HR. An-Nasa’i, no. 4219, declared authentic by Al-Albany in Sahih An-Nasa’i)

They said, “The Prophet sallallaahu ‘alaihi wa sallam did aqiqah to his grandson, Hasan and Husain radhiallahu Amr, an argument for non-permissibility father did aqiqh when the permission to him and he agreed.”

Al-Hafiz Ibn Hajar said in explanation rahimahulalh hadith,

Every child hostage ransoms him, slaughtered him on the seventh day, and shave, and called (Narrated by Abu Dawood, No. 3838 and horses in “Saheeh Abi Dawood)

“All babies are born, the spout with aqiqah. Slaughtered him on the seventh day (of his birth), then shaved and given a name.” (HR. Abu Dawood, no. 3838. Declared authentic by Al-Albany in Sahih Abu Daud)

His speech was ‘Slaughtered’ indicates that the slaughter is not specified.According to the Shafi’i sect, which must be determined to provide for their baby.Meanwhile, according to the sect Hambali, determined against the father, unless he is prevented to do so, for example, he dies or is unwilling to do so.

Ar-Rafi’i said, “As if hadith that the Prophet sallallaahu ‘alaihi wa sallam did aqiqah to Hasan and Husain understood by understanding the other.”

An-Nawawi said, “It is possible that both parents when it is in trouble, or he (the Prophet sallallaahu alaihi wa sallam) contribute to the permission of the father.” Or meaning (عق) within the meaning of rule edits. Or what is the specificity of the Prophet sallallaahu ‘alaihi wa sallam as he slaughtered sacrificial animals to anyone from his community who have sacrificed. This was considered to some scholars as her specialty. “(Fath al-Bari, 9/595)

The conclusion is that it is not mandatory for the slaughter of the sacrificial mother for her baby. However, it is Sunnah for him if the father did not do it. Or the father could not because of its location far slaughter or he does not know the events of the nativity and the like. Allah Almighty Jallah will give you a reward.

Please read the answer no. 71 161 .

Third:

The azan in the ear of a new baby is born, there is no authentic hadith on this issue. Some jurists say that it is organized. The explanation has been explained in the answer to question no. 136088 .

Imam Malik rahimahullah has set about the inadvisability of this act.

If we say it is prescribed as the opinion of the Shafi’i sect and another, the stronger opinion is that it is permissible for a woman, a good mother or another of Muslim women perform azan in the ear of the baby. In contrast to the opinion that prescribing the conditions that men who should do it, as in the case of the call to prayer.

Ash-Syibromalisi mercy said,

As for the speech, ‘sunnah perform azan’ means even by a woman. Because this is not a call to a specific work of men. But the goal is simply chant and beg a blessing. “(Nihayataul Muhtaj, 8/149)

This is what is found in the Book of Ash-Syaubari Hasyiatul on Al-Manhaj, that men are not required to perform the call to prayer in the ear baby boy that is born. It is approved in part sheikh who said that was considered sunnah when midwives who perform the call to prayer in the ear newborns. ”

(Hasyiah Ath-Thablawi, the Tuhfatul Muhtaj, 1/461)

Wallahua’lam.

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