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Fatwa #147846 December 2006United States of America

I have a brother, 19 years old, who is currently held a prisoner......

Question

I have a brother, 19 years old, who is currently held a prisoner at an immigration prison in the for over stay charges. He was initially arrested because he got involved in a fist fight with another person. The police dropped the fighting charges, but then arrested him again because he had violated his stay in the . The immigration people gave my brother the option to either apply to go home voluntarily or wait for the judge’s decision. He took the second option and he was given a bails bond for $5,000. Now, it is left for my parents to make the decision whether to pay the $5,000 dollars to bail him out or he should go back home. My father, who is back home, , wants him to come back to and my mother is saying ‘no’ let us bail him off. They both have reasons for their decisions which I will present to you now.

My father’s reasons:   

  1. He (my brother) has given them a difficult time since he came to the
  2. He has been disobedient to both parents and disrespectful
  3. He is not always with a good company of people
  4. He does whatever he wants
  5. He is not doing well in school
  6. He wants him to come to and start going to school there and work with him
  7. He wants to keep an eye on him
  8. He cannot afford to pay $5,000 to bail him out so he can ran off again
  9. He had violated other law prior to this event
  10. Basically, he does not trust his stay in the anymore and he wants him back home

My mother’s reasons:

 

  1. She agrees to almost all the reasons mentioned above
  2. She wants to give my brother another try
  3. She said what happened might be the reason for him to change
  4. She disagrees with the idea of him going back home
  5. Allah knows best his intentions(my brother)

In conclusion, my father wants him back home due to his behavior and my mother wants him to stay, even though she agrees that he has a poor behavior. All she is saying is that he might change and Allah knows best. As at now my parents are quarrelling over this matter and it is getting me very worried because I do not know what to say. I feel very pressured right now and I need your sincere advise.

Answer

Your brother has been disobedient in the past. He could still be disobedient when he returns home. Calling him back will not change him. There is a possibility that this incident may have an impact on him and he may reflect, ponder and change. Use this opportunity to advise him and show him love and care. Try to make your brother. If he does not get support from the family, he will become despondent. Love and compassion leaves a mark in the person. It will show sooner or later.

And Allah Knows Best

Mufti Ebrahim Desai

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