Does everyone who goes against the Sunnah fall into bid‘ah (innovation)? Notes on the meaning of following

I have read many fatwa’s about innovation and my question is. If the prophet (peace be upon him) practiced something. Do we have to practise EXACTLY as he did it? If we dont do it EXACTLY then is it innovation? Because i’ve read a lot of the fatwa’s and in a lot of it many of the practices are considered BIDAH. For example the Prophet (Peace be Upon him) did emphasize on the virtue of Dua in congrenation. Now if its practised after fardh salaah why is it an innovation? Is the sunnah of the prophet subject to exactly the way he did, the time he did etc etc. If we do it at a different time is it innovation? say for example if its sunnah to read Surah Kahf on friday. Now if I read surah kahf every monday and tuesday, will it be considered a bidah? Im still making Ibadah. Why is it subject to TIME?.

Praise be to Allaah.

Firstly:

No doubt it is obligatory for the Muslim to be a follower of his Prophet (blessings and peace of Allah be upon him) in what he prescribed and it is not permissible for him to go against that or to introduce any innovation into the religion, because of the evidence that indicates that it is obligatory to follow and it is forbidden to introduce innovation. But it should be noted that differing from the way of the Prophet (blessings and peace of Allah be upon him) and falling into bid‘ah may mean one of two things:

(i)

introducing an act of worship for which there is no basis in Islam, such as touching graves and seeking help from their occupants. The scholars call this real innovation (al-bid‘ah al-haqeeqah). This is that which was not prescribed at all.

Celebrating the night of the Isra’ and Mi’raaj

What is the ruling on Celebrating the night of the Isra’ and Mi’raaj, which is the twenty-seventh night of Rajab?.

Praise be to Allaah.

There is no doubt that the Isra’ and Mi’raaj (the Prophet’s Night Journey and Ascent into heaven) are two great signs of Allaah which point to the truthfulness of the His Messenger Muhammad (peace and blessings of Allaah be upon him), and the greatness of his status before Allaah. They are also signs of the great power of Allaah, and of His exalted position above His creation. Allaah says (interpretation of the meaning):

“Glorified (and Exalted) be He (Allaah) [above all that (evil) they associate with Him]

Who took His slave (Muhammad) for a journey by night from Al‑Masjid Al‑Haraam (at Makkah) to Al‑Masjid Al‑Aqsa (in Jerusalem), the neighbourhood whereof We have blessed, in order that We might show him (Muhammad) of Our Ayaat (proofs, evidences, lessons, signs, etc.). Verily, He is the All‑Hearer, the All‑Seer”

[al-Isra’ 17:1]

Ruling on wearing clothing that has small or hidden images on it

As you know, most clothes nowadays have images of animate beings, whether the image is on the outside of the garment or is on a piece that is hidden inside. Is it permissible to wear these clothes? 
What if it is children’s clothing? What if these images are very small and can hardly be noticed? 
For example, I have a suit on which there is the image of two men shaking hands on the inside of the coat collar and no one can see it. Is it permissible to wear it?
In most cases these images are part of the company’s logo and are not visible except if a person looks hard, because they are in a light colour. I hope that you will explain the ruling.

Praise be to Allaah.

It is not permissible to draw or make images of animate beings, whether they are humans, animals or birds, and whether that is engraved or on paper, fabric or anything else. That is because of the report narrated by al-Bukhaari (2105) and Muslim (2107) from ‘Aa’ishah the Mother of the Believers (may Allah be pleased with her), who said that she bought a cushion on which there were images. When the Messenger of Allaah (peace and blessings of Allaah be upon him) saw it, he stood at the door and did not enter. She said: I recognized displeasure in his face. I said: O Messenger of Allaah, I repent to Allaah and His Messenger, what have I done wrong? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “What is this pillow?” She said: I bought it for you to sit on and recline on. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The makers of these images will be punished and it will be said to them, ‘Bring to life that which you have created.’” Then he said: “The house in which there are images is not entered by the angels.”

Child marriage in Islam is subject to the condition that it serve a clear and real interest

From my understanding, Islamic Law states that if a girl passes puberty, she is allowed to be married – regardless of whether she is 9, 11, 15 etc Does the law take into consideration her emotional and mental readiness to be married, despite the physical ability to be able to bear children? It disturbs me that young girls who pass puberty are automatically believed to be whole-heartedly ready for marriage and motherhood JUST because she is physically able to do so. Isnt it equally important that she is emotionally and mentality ready for this role?
Also – does Islamic Law also state that if a boy passes puberty (regardless of his age), he is ALSO allowed to be married?.

Praise be to Allaah.

Firstly:

It is permissible for a man to arrange a marriage for his young son even if he has not reached puberty; it is also permissible for him to arrange a marriage for his young daughter even if she had not reached the age of puberty. It was narrated that there was consensus on this point, but that is provided that compatibility is taken into account and that a clear and real interest is served by this marriage.

Ibn ‘Abd al-Barr (may Allah have mercy on him) said:

The scholars are unanimously agreed that the father may arrange a marriage for his young daughter without consulting her. The Messenger of Allah (blessings and peace of Allah be upon him) married ‘Aa’ishah when she was six years old.

It is haraam for a man to shake hands with a non-mahram woman in the Maaliki madhhab

I want to know in what reference it says that Imam Maalik forbade a man to shake hands with a non-mahram woman. 
There is an opinion which says that there are four possible scenarios, and in only one is it regarded as haraam for a man to shake hands with a non-mahram woman. These four scenarios are: when the one who is shaking hands does it for the sake of pleasure and finds pleasure in it; when he does it for the sake of pleasure but does not find pleasure in it; when he does not do it for the sake of pleasure but finds pleasure in it; and when he does not do it for the sake of pleasure and does not find pleasure in it.
Who is the author of this opinion? Does he belong to the Maaliki madhhab?.

Praise be to Allaah.

Firstly:

In Mukhtasar al-Akhdari and other Maaliki books there is an indication that it is haraam to shake hands with a non-mahram woman according to the madhhab of Maalik (may Allah have mercy on him).

‘Aleesh said in Minah al-Jaleel Sharh Mukhtasar Khaleel (1/22): It is not permissible for a man to touch the face or hand of a non-mahram woman, and it is not permissible for them to put their hands together without a barrier. ‘Aa’ishah (may Allah be pleased with her) said: The Prophet (blessings and peace of Allah be upon him) never accepted the oath of allegiance (bay‘ah) of a woman by holding her hand; he would accept women’s oath of allegiance verbally. According to another report: His hand never touched the hand of a woman; rather he would accept their oath of allegiance verbally. End quote.

Ruling on making a game engine and open source which will be used to make both permissible and haraam games

I want to work on an open source & free game engine will I get azab-e-jariah if people use it to create games involving things which are prohibited. Since its licensed under GPL I cannot control what people want to do with it. If yes then what if the features I code arent directly involved with creation of these (prohibited) things like image compostior, water refraction scripts etc. instead of modelling and animation tools.

Praise be to Allaah.

If this engine and open source will mostly be used to make permissible games, then it is permissible to make it.

If it will mostly be used for haraam things, it is not permissible.

This general principle applies to manufacturing and producing anything that may be used for either halaal or haraam purposes, when it is not known what each user will use it for. Attention should be paid to the way in which it is mostly used by people, because when it is not possible to know about each user, it is sufficient to know what is usually the case. If what is usually the case is that it is used for haraam purposes, it is not permissible to help with it, because of the prohibition on helping others in sin and transgression.

It says in Fataawa al-Lajnah ad-Daa’imah (13/109): Everything that will be used in a haraam manner or it is thought most likely that it will be used in that manner, it is haraam to manufacture it or import it or sell it or distribute it among the Muslims. End quote.

For more information please see question no. 2898, 98769 and 71170

And Allah knows best.

Ruling on opening a savings account in Dar as-Safa’, Morocco, which belongs to a riba-based bank

What is the ruling on opening a savings account in Dar as-Safa’, Morocco, which belongs to a riba-based bank, for the purpose of receiving one’s salary instead of receiving it in a current account in a riba-based bank?
In addition to that, what is the ruling on using a credit card to get “advance cash”?.

Praise be to Allaah.

Firstly:

If Dar as-Safa’ adheres to the shar‘i regulations on investing money and submits to trustworthy shar i supervision of its actions, it is permissible to invest in it in what is called a savings account and so on.

For more information on the conditions of shar‘i investment please see the answer to question no. 114537

With regard to the salary, it is permissible to invest it in an Islamic bank or an institution that adheres to the shar‘i rulings, as mentioned above. If there is no such bank and there is a need to receive one’s salary or protect one’s money, it is permissible to put it in a current account in a riba-based bank.

Ruling on eating from the university canteen if the plates are not washed seven times after having been licked by dogs

In our university we have a canteen..very often its seen that the plates left over after having food are licked by dogs..the canteen staff wash the plates..but not 7 times they wash as they routinely do..what is the ruling to have food there in those plates when u know that the [;ate may have been licked by dog and the washing not followed as prescribed in sharriah?.

Praise be to Allaah.

Firstly:

Muslims narrated in his Saheeh (279) that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (sa) said: “The purification of the vessel of one of you, if a dog licks it, is to wash it seven times, the first time with dust.”

An-Nawawi (may Allah have mercy on him) said: This clearly supports the view of ash-Shaafa‘i (may Allah be pleased with him) and others who say that dogs are najis (impure), because purification is only needed in the case of impurity.

She became Muslim after having an illegitimate pregnancy aborted; will Allah forgive her and will she meet her child in Paradise?

A sister embraced islam after being raised as an athiest. at age 17 during her state of jahiliyya, she had an abortion and terminated her pregnancy, due to abuse and pressure on the part of her former partner. The termination took place approx 49weeks into pregnancy.
InshaaAllah, the sister has been forgiven by Allah SWT for this because she was not aware of Islam and had not been guided at this time.
The sister deeply regrets and feels saddened by this. She would like to know,from an islamic perspective what happened to that foetus, if it was considered a life at that stage or not, and on yeomal qiyyamah will there be any consequence for that action, any scenario which will occur. and if the sister is granted jannah, and we ask Allah to grant us all this honour, will she ever have a chance to have this child or will this be something which has been erased by Allah in this life and in the hereafter?.

Praise be to Allaah.

Firstly:

Zina (fornication or adultery) is forbidden and is a crime according to all divinely revealed laws. It is abhorrent and is rejected by anyone with sound reasoning, even if he is not Muslim. Allah, may He be glorified and exalted, has criticised the one who does it in many verses and in many Prophetic hadeeths, and He has warned the one who does it of severe punishment in this world and in the Hereafter. For more information please see the answer to question no. 97884 

He divorced her a third time during a period of purity in which he had had intercourse with her

I divorced my wife for the 3rd time during an extreme anger outburst today. I have never been so angry and lost control of my normal thinking due to the anger.
The divorce also took place during a period of purity wherein I have had intercourse with my wife.
I regretted what I said very soon after I pronounced the divorce.
Can you please tell me whether the marriage is still valid, or is it finished now?.

Praise be to Allaah.

Firstly:

Divorce (talaaq) as prescribed in Islam is that in which a man divorces his wife during a period of purity in which he has not had intercourse with her. If he divorces her when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her, then this is an innovated divorce (talaaq bid‘i)

The fuqaha’ differed as to whether it counts as such. The majority are of the view that it does count as such, but some are of the view that it does not, because it is a haraam, innovated divorce, and Allah, may He be exalted, says (interpretation of the meaning): “O Prophet (SAW)! When you divorce women, divorce them at their Iddah (prescribed periods)” [at-Talaaq 65:1]. What is meant is: when they are pure (not menstruating) and their husbands have not had intercourse with them. Among those who were of this opinion was Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), who was followed by a number of scholars.

It says in Fataawa al-Lajnah ad-Daa’imah (20/58): There are several types of innovated divorce (talaaq bid‘i), such as when a man divorces his wife when she is menstruating or bleeding following childbirth (nifaas), or during a period of purity in which he has had intercourse with her. The correct view is that this does not count as such. End quote.

Based on that, if you divorce your wife during a period of purity in which you have had intercourse with her, then it does not count as such according to the more correct view.