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Wednesday, October 17, 2012

Islamic Article |- Ruling on setting a particular age for marriage

I am a young man, twenty-seven years old. Iwould like to get married
to a sixteen yearold girl, but the problem is that the new family law
that has been introduced in my country, Morocco, has raised the age of
marriage for both husband and wife to 18 years. However it is possible
to pay a bribe to the judge to allow marriage in this situation. What
is the Islamic ruling on this bribe?.
Praise be to Allaah.
Firstly:
There is nothing in sharee'ah to stipulate a particular age of
marriage for the man or woman. The scholars areunanimously agreed that
marriage of a minorgirl is permissible if her father gives her in
marriage to someone who is compatible.
With regard to an adult woman, it is not stipulated that her father
should give her inmarriage; rather any guardian may give her in
marriage. But it is stipulated that she should give her permission and
consent.
A female reaches adulthood when one of four things occur: reaching the
age of fifteen years, growth of pubic hair, emission of maniy (i.e.,
reaching climax) with desire whether awake or asleep, or menstruation.
The Qur'an and Sunnah indicate that marriage of a minor [a female who
has not yet reachedpuberty] is valid, and no particular age is
stipulated for that.
Ibn Qudaamah (may Allah have mercy on him) said: If a man gives his
virgin daughter in marriage to someone who is compatible, then the
marriage is valid. … With regard to a virgin who is a minor, there is
no difference of scholarly opinion concerning that. Ibn al-Mundhir
said: All the scholars from whom we acquired knowledge areunanimously
agreed that it is permissible for a father to give his minor daughter
in marriage, provided that he offer her in marriage to someone who is
compatible, even if she objects and refuses. The fact that it is
permissible to give a minor girl in marriage is indicated by the verse
in which Allah, may He be exalted, says (interpretation of the
meaning): "And those of your women as have passed the age of monthly
courses, for them the Iddah (prescribed period), if you have doubts
(about their periods), is three months, and for those who have no
courses ((i.e. they are still immature)…" [at-Talaaq 65:4]. So the
'iddah for one who has not started to menstruate is three months, and
the 'iddah of three months can onlybe required in the case of talaaq
(divorce) or annulment of marriage. This indicates that (the girl who
is a minor) may be married and divorced, and her consent is not
essential.
'Aa'ishah (may Allah be pleased with her) said: The Prophet (blessings
and peace of Allah be upon him) married me when I was six years old
and consummated the marriage with me when I was nine. Agreed upon.It
is known that at that age she would not be one of those whose
permission would be taken into account. al-Athram narrated that
Qudaamah ibn Maz'oon married the daughter of az-Zubayr when she began
to menstruate, and something was said to him. He said: If I die, the
daughter of az-Zubayr will inherit from me, and if I live, she will be
my wife. And 'Ali gave his daughter Umm Kalthoom in marriage when she
was a minor to 'Umar ibn al-Khattaab (may Allah be pleased with him).
End quote from al-Mughni, 7/30
Shaykh Ibn Baaz (may Allah have mercy on him) said, commenting on the
minimum legal age for marriage in some countries:
Praise be to Allah, and blessings and peace be upon the Messenger of
Allah. To proceed
The newspaper ar-Riyadh (issue no. 4974) published a reportentitled
"Family Law proposal in the Emirates", in which it stated that the
proposal is based on Islamic sharee'ah. In the article it says: "With
regard to marriage contracts, the law states that the boy should be no
younger than eighteen years and the girl should be no younger than
sixteen, and a penalty of no less than one thousand dirhams and no
more than five thousand is to be imposed on anyone who goes against
this law, so long as the court has not decided otherwise in cases
where preservation of honour and dignity is sought. It is also not
permitted for anyone who have passed the age of sixty years to marry
the without the permission of the court, especially if the age
difference between the two parties is greater than half the age of the
older of the two."
Because this is contrary to what Allah, may He beglorified and
exalted, has prescribed, I would like to point out the truth. There is
no upper or lower limit on the agefor marriage; this is indicated by
the Qur'an and Sunnah.
The Qur'an and Sunnah encourage marriage without stipulating a
particular age. Allah, may He be exalted, says (interpretation of the
meaning):
"They ask your legal instruction concerning women, say: Allah
instructs you about them, and about what is recited unto you in the
Book concerning the orphan girls whom you give not the prescribed
portions (as regards Mahr and inheritance) and yet whom you desire to
marry"
[an-Nisa' 4:124].
So it is permissible to marry an orphan girl, who is one who has not
yet reached the age of puberty; her maximum age is fifteen years
according to the more correct opinion, although she may reach puberty
before that. The Prophet (blessings and peace of Allah be upon him)
said: "The orphan girl should be asked for permission with regard to
her marriage; if she remains silent, that is her permission, but if
she refuses then it is not permissible to force her into marriage."
The Prophet (blessings and peace of Allah be upon him) married
'Aa'ishah (may Allah be pleased with her) when she was six or seven
years old and consummated the marriage with her whenshe was nine, and
his actions are legislation for this ummah. The Sahaabah (may Allah be
pleased with them) also married women when they were minors and when
they were adults, without specifying any particular age. So no one has
the right to introduce laws other than those which were prescribed by
Allah and His Messenger, or to change the laws that were prescribed by
Allahand His Messenger, because those laws are sufficient. Whoever
thinks otherwise has wronged himself and has introduced laws for the
people for which Allah has not given permission. And Allah, may He be
glorified and exalted, says, criticising this kind of people
(interpretation of the meaning):
"Or have they partners with Allah (false gods), who have instituted
for them a religion which Allah has not allowed?"
[ash-Shoora 42:21].
And the Prophet (blessings and peace of Allah be upon him) said:
"Whoever introduces into this matter of ours anything that is not part
of it will have it rejected." Agreed upon. According to a version
narrated by Muslim: "Whoever introduces an action that is not part of
this matter of ours will have it rejected." Al-Bukhaari narrated it in
a mu'allaq report.
I remind those who are doing this thing of the words of Allah
(interpretation of the meaning):
"And let those who oppose the Messengers (Muhammad SAW) commandment
(i.e. his Sunnah legal ways, orders, acts of worship, statements,
etc.) (amongthe sects) beware, lest some Fitnah (disbelief, trials,
afflictions, earthquakes, killing, overpowered by a tyrant, etc.)
befall them or a painful torment be inflicted on them"
[an-Noor 24:63].
Whatever befalls a nation or individuals of trials, blocking people
from the path of Allah, epidemics, wars, or other calamities, the
cause of that is what people have done of things that are contrary to
the laws of Allah, as He says (interpretation of the meaning):
"And whatever of misfortune befalls you, itis because of what your
hands have earned. And He pardons much"
[ash-Shoora 42:30].
Allah, may He be glorified and exalted, has described what befell some
past nations of punishment and doom because of their going against His
command. Let those whoare wise pay heed and learn from that.
It is not sufficient to claim to be following Islamic sharee'ah when
there are things that go against it. Allah, may He be glorified and
exalted,criticised the Jews for doing that when He said
(interpretation of the meaning):
"Then do you believe in a part of the Scripture and reject the rest?
Thenwhat is the recompense of those who do so among you, except
disgrace in the life of this world, and on the Day of Resurrection
they shall be consigned to themost grievous torment. And Allah is not
unawareof what you do"
[al-Baqarah 2:85].
I also remind the scholars to fear Allah, may He be glorified and
exalted, and to do what is enjoined upon them of offering sincere
advice to those who are in authority by explaining the truth, urging
them to follow it and warning them against disobeying it. Allah, may
He be exalted,says (interpretation of the meaning):
"O mankind! Fear your Lord (by keeping your duty to Him and avoiding
all evil), and fear a Day when no father can avail aught for his son,
nor a son avail aught for his father. Verily, the Promise of Allah is
true, let not then this (worldly) present life deceive you, nor let
the chief deceiver (Satan) deceive you about Allah"
[Luqmaan 31:33].
May Allah help us all to speak the truth, accept itand act upon it;
may He unite the Muslims in guidance and ruling in accordance with His
law in all things, for He is able to do that. May Allah send blessings
and peace upon our Prophet Muhammad and his family and Companions.
End quote from Majmoo'Fataawa ash-Shaykh Ibn Baaz, 4/125
Thus it is clear that limiting the age for marriage is something that
is contrary to sharee'ah, so there is no obligation to obey it.
If the state wants to protect girls from being exploited by their
guardians and being married to husbands they do not want, then
itshould follow the more correct of the two opinions about asking for
the consent of a virgin girl; this opinion states that her consent isa
condition of marriage. This is the view of Abu Haneefah (may Allah
have mercy on him). Andif a girl's guardian gives her in marriage
without her consent, then she has the right of annulment.
Secondly:
Based on the above, there is nothing wrong with you marrying this
girl, on condition that she and her guardian both give consent. If
thatcannot be done except by giving some money to the judge, that is
permissible.
In the answer to question no. 87688 , we stated that it is permissible
to give a bribe if one cannot get one's rights otherwise; in that case
it is haraam for the taker but not for the giver.
And Allah knows best.

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Islamic Article |- What to do if you are not going for Hajj Pilgrimage?

The first ten days of Dhul Hijjah are the most beloved to Allah (SWT).
Prophet Muhammad (saw) testified to that. He said: "There are no days
in which righteous deedsare more beloved to Allahthan these ten days."
(Bukhari)
What activities in first tendays of Dhul Hijjah will bring the reward of Jannah?
Obviously, Hajj Pilgrimage is one of the best deeds that one can do
during these ten days.However for those of us who were not invited to
House of Allah (SWT) this year, there are still many,good deeds that
one can do and earn the Pleasure of Allah (SWT).
Some of these good deeds areas follow:
1) Fast all nine days and especially fast the Day of Arafah
It is Sunnah for the Muslim to fast on the firstnine days of Dhul
Hijjah, because Prophet Muhammad (saw) used tofast on the first nine
daysof Dhul Hijjah and he said: "Fasting the Day of Arafah (ninth Dhul
Hijjah)is an expiation for (all thesins of) the previous year and an
expiation for (all the sins of) the coming year." (Muslim) Also
Prophet Muhammad (saw) encouraged us to do righteous deeds in thefirst
ten days of Dhul Hijjah and fasting is one of the best of deeds, which
Allah (SWT) has chosen for Himself as it says in the Hadith Qudsi:"All
the deeds of the son of Adam are for him, except fasting, which is for
Me and I shall reward for it."
2) Do a lot of Dhikr and Takbeer
Prophet Muhammad (saw) said: "There are no days on which good deeds
are greater or more beloved to Allah (SWT) than on these ten days", so
recite much Tahleel (saying Laa ilaahaill-Allah), Takbeer (saying
Allahu akbar) and Tahmeed (saying al-hamdu Lillaah)." (Ahmad)
Takbeer at this time is a Sunnah. So recite it in themasjid, in your
home, on the street and every place where it is permitted to remember
Allah (SWT).
Revive the Sunnah that have been virtually forgotten and earn great
rewards for doing so. Prophet Muhammad (saw) said: "Whoever revives an
aspect of my Sunnah that is forgotten after my death, he will have a
reward equivalentto that of the people whofollow him, without it
detracting in the least from their reward." (Tirmidhi)
Men should recite these phrases out loud, and women should recite them quietly.
3) Stand in Night Prayers:(Tahajud, Qiyam al Layl)
Remember the virtues of spending the night in prayer and its sweetness
in the month of Ramadan ?
Why not revive this beautiful act of worship during these nights as well?
Remember, how in the last third of every night, Allah Almighty calls
out tous, His servants: Is there anyone to invoke Me, so that I may
respond to his invocation? Is there anyone to ask Me, so thatI may
grant him his request? Is there anyone seeking My forgiveness, so that
I may forgive him? (Bukhari, Muslim)
Why do we miss this golden opportunity? So, seize the chance NOW and
expose yourself to His Divine Generosity andMercy, ask Him to forgive
you and guide you and set things aright. He will surely listen.
4) Make Sincere Repentance
One of the most important action during these ten days is to repent
sincerely to Allah (SWT) and to give up all kinds of disobedience and
sin right away because we do not know when we will die and thus become
unable to repent and also because one evil deed leads to another.
But what does repentance mean? It means that you come back to Allah
(SWT) and give up all the deeds, open and secret, that He dislikes
that you regret whatever you did in the past, giving it up immediately
and be determined never ever, to return to it, and resolve to adhere
firmly to the Truth by doing whatever Allah (SWT) loves.
"But as for him who repented, believed and did righteous deeds, thenhe
will be among those who are successful." [Al-Qasas, 28:67]
5) Come back to Holy Quran
It is time now to dust off your copy of Holy Quran and return to its
refuge. Make it a daily habit, using these 10 days the beginning of a
strong and beautiful relationship with it. Readit with meaning,
reflect on it, understand it, and then implement it in yourdaily life.
Remember that reading one letter of HolyQuran earns you ten rewards.
In this way, reading SuratAl-Fatihah, which doesn't take more than two
minutes, will give you more than one thousand rewards! This is on
ordinary days, so what about these magnificent days! Certainly the
reward will be far greater, Insha Allah.
6) Increase all types of good deeds
If we are unable to go to Hajj Pilgrimage this year, we should occupy
ourselves in the worship of Allah (SWT); pray extra prayers (Nafilah)
recite Holy Quran. Make Dhikr of Allah(SWT), send Salaams on Prophet
Muhammad (saw) and his Ahlul Bayt (as) , make dua, give charity, honor
parents, uphold ties of kinship, enjoin what is good and forbid what
is evil and add other good deeds and acts of worship during these
days.
"So whosoever does good equal to the weightof an atom, shall see it;
And whosoever does evil equal to the weight of anatom, shall see it."
[Al-Zalzalah, 99:7-8]
7) Slaughter an animal (Qurbani/Udhiya) and distribute the meat
One of the righteous deeds that bring a person closer to Allah (SWT)
in these ten days is to slaughter the sacrifice (Qurbani/Udhiya) and
to look for a good, fat animal and to spend money on it for the sake
of Allah (SWT).
Ibn Umar said: Prophet Muhammad (saw) lived inMadinah for 10 years
andevery year he slaughtered an animal." (Ahmad)
8) Attend Eid prayers
But remember that Eid prayer is a form of worship and we should avoid
unislamic behavior (especially) in dress and in etiquette during these
times.
9) Thank Allah (SWT)
One of the best forms of worshipping Allah (SWT) is to thank Him,
deeply, sincerely and continuously.
Al-Hamdulillah, there is much to be gained in these coming days.
Hasten to do good deeds and striving hard in worship.
"And worship your Lord until there comes unto you the certainty
(death)." [Al-Hijr, 15:99]

Islamic Article |- Qiblah (Qibla or Kiblah) Muharram Al-Haram

Dhu al-Hijjah (Dhul Hijjah) is the twelfth and final month in the
IslamicLunar Calendar, marking the end of the year. This is the last
sacred month in which fighting was forbidden. It is also known as
Zilhaj, Zulhijjah, Zul Hijjah.
Dhu al-Hijjah (Dhul Hijjah): Literally means 'Lord of the Pilgrimage'.
It is during this month in which the Hajj Pilgrimage takes place and
pilgrims from all around the world congregate at Makkah to visit the
Kaaba. The Hajj Pilgrimage is performed on the eighth, ninth and the
tenth of this month. Eid ul-Adha, the 'Festival of the Sacrifice' is
held onthe tenth day.
First ten days of Dhu al-Hijjah (Dhul Hijjah): Days of virtue and
righteous deeds
The sacred month of Dhu al-Hijjah (Dhul Hijjah) is one of the highly
blessed months. The pious and upright companions of the Holy Prophet
Muhammad (saw) and their first generation followers used to spend this
month in prayers andsupplications, particularlythe first ten
noteworthy days which have also been distinguished in Glorious Qur'an.
Holy Prophet Muhammad (saw) had said that supplications made in these
10 days get a positive reply from Allah (SWT).
Ibn Abbas says about the Ayah in Surah Al-Baqarah, "Remember Allah
during the well known days," (2:203) thatit refers to the first ten
days of Dhul Hijjah. [This is related by al-Bukhari]
Allah (SWT) swears an oath by them, and swearing an oath by something
is indicative of its importance and great benefit. Allah (SWT)says in
Glorious Qur'an:"By the dawn; by the ten nights" [Surah Al-Fajr,
89:1-2]. Ibn Abbas, Ibn al-Zubayr, Mujahid and others of the earlier
and later generations said that this refers to the firstten days of
Dhul Hijjah. Ibn Katheer said: "This is the correct opinion." [Tafseer
Ibn Katheer, 8/413]
Praise be to Allah (SWT) Who has created Time and has made some
timesbetter than others, some months and days and nights better than
others,when rewards are multiplied many times, asa mercy towards His
slaves. This encourages them to do more righteous deeds and makes them
more eager to worship Him, so that the Muslim renews his efforts to
gain a greater share of reward, prepare himself for death and supply
himself in readiness for the Day of Judgement.
This season of worship brings many benefits, such as the opportunity
to correct ones faults andmake up for any shortcomings or anything
that one might have missed. Every one ofthese special occasions
involves some kind of worship through which the slaves may draw closer
to Allah (SWT), and some kind of blessing though which Allah
(SWT)bestows His favour and mercy upon whomsoeverHe will. The happy
personis the one who makes themost of these special months, days and
hours and draws nearer to his Lord during these times through acts of
worship; he will most likely be touched by the blessing of Allah (SWT)
and will feel the joy of knowing that he is safe from the flames of
Hell. [Ibn Rajab, al-Lataaif, p.8]
1. Makkah at the center ofthe earth
2. Makkah during ProphetAbraham (pbuh)
3. Makkah during Qosai, great Grandfather of Holy Prophet Muhammad
(saw), year 157 before Hijrah .
4. Makkah during Quraish,year 12 before Hijrah.
5. Makkah during Omayied Era, year 91 Hijrah.
6. Makkah during Abbasied Era, year 310 Hijrah.
7. Makkah during Ottoman Empire, year 1215 Hijrah.
8. Makkah during King Fahd bin Abdul-Aziz, year 1412 Hijrah.
The approximate locationof a hundred countries inrelation to Kaaba.
They classified into three categories with respect to their proximity
to the Kaaba.

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Story |- A Prodigal Tale

He left at night, taking with him a changeof clothes, a blanket, and a
small bag of money which he found in his father's room. He travelled
until dawn and then all of the next day and well into the following
night, pursued by thoughts of his angry and vengeful father. His route
led south towards the holy city, following the roads he knew from the
yearly pilgrimage his family were rich enough to make. The land rose
around him in broken shadows, ragged heights of limestone, sparse
ground, uncultivated andsporadically populated, the occasional
shepherds'village buried in the valleys where goats roamed the scrub.
On the evening of the third day, exhausted and hungry, he stood
watching the sun slip beyond the horizon, casting its last rays over
the broad expanse of a lake. His sense of guilt had not left him but
thoughts of his angry father had ceased to torment him, diminishingin
intensity as the distance from home increased. A mist was rising off
the lake. Grass tufts, long and heavy with seeds, stood dry
andyellow-silvery in the fading light. Autumn flowers thrust their
crowns above the grass, including one of which he did not know the
name, a head of pale trumpets spread out on along stalk, its white
petals glowing faintly in the dusk. A tent flap clattered in the
rising wind and sand drifted across the clearing, driven in little
runs and gusts. He drew the edge of his cloak tighter acrosshis mouth.
The sounds of the caravan he had joined earlier that afternoon were to
his back. He could hear the mutter of conversation. Blue smoke coiled
away from a fire of camel dung. Some of the women were tending a stew
of meat and vegetables.
The sound of feet approaching awakened him. One of the men had
come over to ask if he would like some food. Hefollowed to where a
group of travellers sat in a circle around the fire and ate
gratefully. It was his first meal since leaving home. He watched the
others, theirfaces mostly in shadow, wondering what they thought of
him, a stranger who had come amongst them from the hills. Had they
believed his story about a religious obligation, a prayer answered?
They had accepted him easily enough. They could know nothing for
certain.