I had a friend who recently mansuk Islam, but she lives with her family who are still non-Muslims. Now he is in a State of pregnant while her husband had divorced her and live in another country. Her husband is also muslim. He asked about the aqiqah law. Is it obligatory for him to do that would be for a baby aqiqah is born. How to execute it, whether he is obliged to do the azan in the ear of the baby after being born?
Aqiqah is sunnah, not liabilities for the mukallaf. Who fulfil the sunnah, then for her reward and the virtue. And who doesn’t go, he has been negligent, but did not get the sin. Demikianlahpendapat sebagaiman the majority of scholars have described in answer No. 162021, 20018, 38197.
Basically, aqiqah is prescribed of the father of the child, not of his mother’s property, nor of the child itself. Because that was ordered in this case was the father in a hadiths related to jurisprudence aqiqah.
However, the fuqaha ‘ said, “it is permissible for the father to do other than aqiqah for the son in these circumstances;
1-If the neglectful father and reluctantly doing aqiqah.
2-If he had requested permission from the father to replace it do for her and she then aqiqah allow it.
They quoted Saheeh from Ibn Abbas, he said, “the Prophet sallallaahu alaihi wa sallam did aqiqah for Hasan and Husayn narrated that ‘ with two goats–two goats.“ (Narrated by Al-nasaa’i, no. 4219, classed as Saheeh by Al-albaani in Saheeh Al-nasaa’i)
They said, “the Prophet sallallaahu alaihi wa sallam did aqiqah to his grandson, Hasan and Husayn narrated that ‘, is the permissibility for other than Mr. do aqiqh when has permission to him and he agreed to do so.”
Al-haafiz Ibn Hajar rahimahulalh said in explanation of the Hadith,
كُلُّ غُلَامٍ رَهِينَةٌ بِعَقِيقَتِهِ ، تُذْبَحُ عَنْهُ يَوْمَ سَابِعِهِ ، وَيُحْلَقُ ، وَيُسَمَّى (رواه أبو داود، رقم 3838 وصححه الألباني في ” صحيح أبي داود)
“All babies who are born, tergadai with aqiqahnya. Slaughtered for him on the seventh day (birth), and then digundul and named. “ (Narrated by Abu Dawood, 3838. Classed as Saheeh by Al-albaani in Saheeh Abi Dawood)
The speech he ‘ Killed ‘ shows that the slaughter was not specified. According to among the shafii, determined against those mandatory menafkahi the baby. While according to Hanbali circles, determined against the father, unless he hindered to do this, for example he died or not willing to do so.
AR-Rafi’I said, “as if the Hadith that the Prophet sallallaahu alaihi wa sallam did aqiqah for Hasan and Husain are understood with the understanding of the other.”
Al-Nawawi said, “there is a possibility that both of his parents when it was in trouble, or he (the Prophet sallallaahu alaihi wa sallam) accounted for permission the father.” Or meaning (عق) in the hdits intent is to govern. Or the matter is the specificity of the Prophet sallallaahu alaihi wa sallam as he slew the animal sacrifices to anyone of his people that haven’t been sacrificing. These matters are considered some of the scholars as specificity. “ (Fath Al Bari, 9/595)
The conclusion is that it is not compulsory for the mother to her baby for aqiqah menyembelihkan. But it is Sunnah for him doing so if the father didn’t do it. Or the father cannot menyembelihkannya due to its location far atua she didn’t know the birth events and such. Allah Azza wa Jallah will give you a reward.
Please read the answer No. 71161.
As for the call to prayer in the ear of the new baby is born, there is no Saheeh hadeeth in this issue. Some fuqaha say that doing so is recommended. That explanation has been explained in the answer to question No. 136088.
Malik Allaah has set about not dianjurkannya this Act.
If we say this is prescribed as the opinion of the sect of the Shafii and other then a stronger opinion is that it is permissible for women, either his mother or other Muslim women from performing the adhaan in the baby‘s ear. In contrast to the set provided that men who are supposed to be doing that, as well as in the call to prayer to prayer.
Ash-Syibromalisi Allaah says,
As for ucapnnya, ‘ – meaning ‘ azan though do by a woman. Because this matter is not that special job azan men. But his goal was merely a remembrance and beg a blessing. “ (Nihayataul Muhtaj, 8/149)