Question:
[Can you] Explain some of the signs of Lailatul Qadr [the night of Decree]?
Answer:
Answer:
The signs which indicate Lailatul Qadr which have been mentioned by
the Prophet (SallAllaahu Alayhi wa Sallam), I can recall at this
moment thefollowing;
1. The first of them or number one is that Lailatul Qadr is a
peaceful, tranquil quiet night. Within that night or the night of
Lailatul Qadr you do not hear the barking of dogs, or the sound of the
cockerel.
2. The second sign is thatin Lailatul Qadr the people experience a
pleasant breeze or a pleasant wind which they enjoy which they like.
3. Thirdly, in Lailatul Qadr there is rain. This is one of the signs
of Lailatul Qadr that during the night of Lailatul Qadrthe rain falls.
4. Fourthly, is that when the sun rises on the following morning the
disc of the sun is seen without strong rays or is without any rays.
The disc is a clear disc when it rises in the morning.
The shaikh said many of these signs the people notice them or they see
them and if we notice these signs, then we should have glad tidings in
the hope that we have coincided with Lailatul Qadr.
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Wednesday, July 24, 2013
Fathwa - [Can you] Explain some ofthe signs of Lailatul Qadr [the night of Decree]?
Ramadan Articles - Ramadaan - A Reminderof Unity
Abu Hurayrah (raa) related that the Prophet sallallahu alaihi wa sallam said:
"Fast when they fast, end the fast when they end theirs, and sacrifice
the day that they sacrifice."[2]
Al-Bayhaqee relates by way of Abu Haneefah, who said: 'Alee ibn
al-Aqmar related to me, from Masrooq, who said: I entered upon
'Aaishah on the day of 'Arafah, so she said: "Serve Masrooq with some
gruel, and make it more sweet." Masrooq said: Nothing prevented me
from fasting this day except that I feared that it may be the day of
Sacrifice. So'Aa'ishah said to me: "Theday of Sacrifice is when the
people sacrifice, and the day of ending the fast is when the people
end their fast." This chainof narration is jayyid (good) due to what
has preceded.
Understanding This Hadeeth:
Imaam at-Tirmidhee says after quoting the hadeeth: "One of the people
of knowledge hasexplained this hadeeth by saying: Its meaning is to
fast and end the fast along with the Jamaa'ah and the majority of
people."
As-San'aanee said in Sublus-Salaam (2/72): "In this (hadeeth) is a
proof that being in agreement with the people is accepted in
establishing 'Eed, and that the individual person who believes that it
is the day of 'Eed - because of the sighting of the moon - then it is
obligatory uponhim to be in agreement with the people, and thatthe
ruling of the people - concerning the Prayer, breaking the fast, and
sacrificing - is binding upon the individual."
Ibn al-Qayyim (rahimahullaah) mentioned this meaning in
Tahdheebus-Sunan (3/214), and said: "It is said: In it a refutation of
those who say that whosoever knows the positions of the moon due to
astronomical calculations, then it is permissible for him to fast and
end the fast, even if others do not know. It is also said: That the
individual witness who sees the moon, but the qaadee (judge) has not
accepted his testimony, then there is no fasting for him, just asthere
is no fasting for thepeople."
Abul-Hasan as-Sindee said in Haashiyah 'alaa Ibn Maajah, after
mentioning the hadeeth of Abu Hurayrah which was related by
at-Tirmidhee: "And its apparent meaning is: That there is no room for
individual (opinions) to enter into these affairs, nor to act
individually in this. Rather, this affair goes back to the Imaam (the
Leader of the Muslims) and the Jamaa'ah (united body ofMuslims under
the Imaam). It is obligatory upon the individuals to follow the Imaam
and the Jamaa'ah. From this isthat is an individual sights the moon,
but the qaadee rejects his witness, then the individual has no right
inthese matters, but rather he must follow the Jamaa'ah in this."
And this is the meaning which is evident from thehadeeth, and which is
emphasized by the fact that 'Aa'ishah (raa) used it with Masrooq when
he prevented himself from fasting on the day of 'Arafah, fearing that
it could be the day of Sacrifice. So she explained to him that there
is no weight given to his individual opinion in this, and that he
should follow the Jamaa'ah. So she said to him: "The day of
Sacrificeis when the people sacrifice, and the day of ending the fast
is when the people end their fast."
Unity is One of the Goals of the Sharee'ah
And this is what is befitting for the easy-natured and tolerant
Sharee'ah (Prescribed Islaamic Law), one of the goals of which is
uniting the people together, unifying their ranks and keeping away
from themall that would split their comprehensive unity - from the
individual opinions. So the Sharee'ah does not give any weight to the
individual opinion in matters concerning 'ibaadah jamaa'iyyah
(collective acts of worship), such as Fasting,'Eed and Prayer in
congregation - even if the opinion is correct, from one angle. Do you
not see that the Sahaabah (the Companions) - radiallaahu 'anhum - used
to pray behind eachother. So from them were those who held the view
that touching a woman, or the flowing ofblood from the body
invalidates the wudhoo' (ablution), along with those who did not hold
this view. From them were those who would complete the Prayer whilst
traveling, whilst others shortened. Yet these, and other such
differences, did not prevent them from collectively praying behind a
single Imaam and deeming it to be acceptable. And this is because they
knew that tafarruq (splitting-up) in the Religion is more evil than
having ikhtilaaf (differences) in some opinions. Indeed, the matter
with one of them reached the extent that he would not even deem
acceptable any opinion which differed with the great Imaam in the
majorgatherings; such as the gathering at Minaa (during Hajj), to the
extent that he would totally abandon acting upon his opinion in that
gathering - fleeing from that which could result from this evil,
because of acting according to his own opinion.
Thus, Abu Daawood relates (1/307) that 'Uthmaan (raa) prayed four
rak'ahs at Minaa, so 'Abdullaah ibn Mas'ood criticized him saying: "I
prayed two rak'ahs with the Prophet (saws) and two rak'ahs with Abu
Bakr, and two rak'ahs with 'Umar, and two rak'ahs with 'Uthmaan in the
beginning of his rule,then he completed it (i.e. by praying four
rak'ahs). After that the ways became divided with youall. So I hope
from these four rak'ahs, that two of them would be accepted." Then Ibn
Mas'ood prayed four rak'ahs. So it was said to him: You criticized
'Uthmaan, yet you prayedfour? So he said:"Differing is evil."
Its chain of narration is Saheeh (authentic), and something similar to
this is related in the Musnad (5/155) of Imaam Ahmad,from Abu Dharr
(raa).
So those who continue splitting-up with regards to the Prayer, and who
refuse to follow the local Imaams in some mosques- especially in the
witr Prayer during Ramadaan - using as proof that this is against
their madhhab (school of thought), then they should reflect upon the
above mentioned hadeeth and athar (narration). Likewise, those who
claim knowledge of astronomy and who, due to their opinion, fast and
end their fast alone - preceding or lagging behind the majority of
Muslims, not seeing any problem in doing so - should also reflect upon
the previously quoted proofs. So all of them should consider, and
reflect upon the knowledge that has beenmentioned. Perhaps they will
find for themselves a cure for their ignorance and self-delusion, so
that they may then become a unified rank along with their Muslim
brothers - for indeed the Hand of Allaah Subhanahu wa Taa'ala is over
the Jamaa'ah.
Footnotes:
[1] Silsilatul-Ahaadeethus-Saheehah (1/442-445), the hadeeth
authentications have been abridged and edited.
[2] Saheeh: Related by at-Tirmidhee (2/37). Shaykh al-Albaanee
authenticated it in As-Saheehah (no.224)
"Fast when they fast, end the fast when they end theirs, and sacrifice
the day that they sacrifice."[2]
Al-Bayhaqee relates by way of Abu Haneefah, who said: 'Alee ibn
al-Aqmar related to me, from Masrooq, who said: I entered upon
'Aaishah on the day of 'Arafah, so she said: "Serve Masrooq with some
gruel, and make it more sweet." Masrooq said: Nothing prevented me
from fasting this day except that I feared that it may be the day of
Sacrifice. So'Aa'ishah said to me: "Theday of Sacrifice is when the
people sacrifice, and the day of ending the fast is when the people
end their fast." This chainof narration is jayyid (good) due to what
has preceded.
Understanding This Hadeeth:
Imaam at-Tirmidhee says after quoting the hadeeth: "One of the people
of knowledge hasexplained this hadeeth by saying: Its meaning is to
fast and end the fast along with the Jamaa'ah and the majority of
people."
As-San'aanee said in Sublus-Salaam (2/72): "In this (hadeeth) is a
proof that being in agreement with the people is accepted in
establishing 'Eed, and that the individual person who believes that it
is the day of 'Eed - because of the sighting of the moon - then it is
obligatory uponhim to be in agreement with the people, and thatthe
ruling of the people - concerning the Prayer, breaking the fast, and
sacrificing - is binding upon the individual."
Ibn al-Qayyim (rahimahullaah) mentioned this meaning in
Tahdheebus-Sunan (3/214), and said: "It is said: In it a refutation of
those who say that whosoever knows the positions of the moon due to
astronomical calculations, then it is permissible for him to fast and
end the fast, even if others do not know. It is also said: That the
individual witness who sees the moon, but the qaadee (judge) has not
accepted his testimony, then there is no fasting for him, just asthere
is no fasting for thepeople."
Abul-Hasan as-Sindee said in Haashiyah 'alaa Ibn Maajah, after
mentioning the hadeeth of Abu Hurayrah which was related by
at-Tirmidhee: "And its apparent meaning is: That there is no room for
individual (opinions) to enter into these affairs, nor to act
individually in this. Rather, this affair goes back to the Imaam (the
Leader of the Muslims) and the Jamaa'ah (united body ofMuslims under
the Imaam). It is obligatory upon the individuals to follow the Imaam
and the Jamaa'ah. From this isthat is an individual sights the moon,
but the qaadee rejects his witness, then the individual has no right
inthese matters, but rather he must follow the Jamaa'ah in this."
And this is the meaning which is evident from thehadeeth, and which is
emphasized by the fact that 'Aa'ishah (raa) used it with Masrooq when
he prevented himself from fasting on the day of 'Arafah, fearing that
it could be the day of Sacrifice. So she explained to him that there
is no weight given to his individual opinion in this, and that he
should follow the Jamaa'ah. So she said to him: "The day of
Sacrificeis when the people sacrifice, and the day of ending the fast
is when the people end their fast."
Unity is One of the Goals of the Sharee'ah
And this is what is befitting for the easy-natured and tolerant
Sharee'ah (Prescribed Islaamic Law), one of the goals of which is
uniting the people together, unifying their ranks and keeping away
from themall that would split their comprehensive unity - from the
individual opinions. So the Sharee'ah does not give any weight to the
individual opinion in matters concerning 'ibaadah jamaa'iyyah
(collective acts of worship), such as Fasting,'Eed and Prayer in
congregation - even if the opinion is correct, from one angle. Do you
not see that the Sahaabah (the Companions) - radiallaahu 'anhum - used
to pray behind eachother. So from them were those who held the view
that touching a woman, or the flowing ofblood from the body
invalidates the wudhoo' (ablution), along with those who did not hold
this view. From them were those who would complete the Prayer whilst
traveling, whilst others shortened. Yet these, and other such
differences, did not prevent them from collectively praying behind a
single Imaam and deeming it to be acceptable. And this is because they
knew that tafarruq (splitting-up) in the Religion is more evil than
having ikhtilaaf (differences) in some opinions. Indeed, the matter
with one of them reached the extent that he would not even deem
acceptable any opinion which differed with the great Imaam in the
majorgatherings; such as the gathering at Minaa (during Hajj), to the
extent that he would totally abandon acting upon his opinion in that
gathering - fleeing from that which could result from this evil,
because of acting according to his own opinion.
Thus, Abu Daawood relates (1/307) that 'Uthmaan (raa) prayed four
rak'ahs at Minaa, so 'Abdullaah ibn Mas'ood criticized him saying: "I
prayed two rak'ahs with the Prophet (saws) and two rak'ahs with Abu
Bakr, and two rak'ahs with 'Umar, and two rak'ahs with 'Uthmaan in the
beginning of his rule,then he completed it (i.e. by praying four
rak'ahs). After that the ways became divided with youall. So I hope
from these four rak'ahs, that two of them would be accepted." Then Ibn
Mas'ood prayed four rak'ahs. So it was said to him: You criticized
'Uthmaan, yet you prayedfour? So he said:"Differing is evil."
Its chain of narration is Saheeh (authentic), and something similar to
this is related in the Musnad (5/155) of Imaam Ahmad,from Abu Dharr
(raa).
So those who continue splitting-up with regards to the Prayer, and who
refuse to follow the local Imaams in some mosques- especially in the
witr Prayer during Ramadaan - using as proof that this is against
their madhhab (school of thought), then they should reflect upon the
above mentioned hadeeth and athar (narration). Likewise, those who
claim knowledge of astronomy and who, due to their opinion, fast and
end their fast alone - preceding or lagging behind the majority of
Muslims, not seeing any problem in doing so - should also reflect upon
the previously quoted proofs. So all of them should consider, and
reflect upon the knowledge that has beenmentioned. Perhaps they will
find for themselves a cure for their ignorance and self-delusion, so
that they may then become a unified rank along with their Muslim
brothers - for indeed the Hand of Allaah Subhanahu wa Taa'ala is over
the Jamaa'ah.
Footnotes:
[1] Silsilatul-Ahaadeethus-Saheehah (1/442-445), the hadeeth
authentications have been abridged and edited.
[2] Saheeh: Related by at-Tirmidhee (2/37). Shaykh al-Albaanee
authenticated it in As-Saheehah (no.224)
Ramadan Articles - Fiqh of Ramadan: the How-Tos of Fasting
The Obligation
Fasting is one of the five pillars of Islam. It is an actof obedience
and submission to Allah's commands through the highest degree of
commitment, sincerity and faithfulness to seek Allah's mercy, to atone
for sins, errors, and mistakes and to avoid condemnation to Hell.
It is done out of deep love for God, with a genuine virtue of
devotion, honest dedication and closeness to Allah, for Fasting is for
Allah and Him alone.
The fasting during Ramadan is obligatory onevery adult, sane, and able Muslim.
Denial of the obligatory nature of fasting in the month of Ramadan
amounts to disbelief.
One who avoids fasting without genuine reasons is a sinner and
transgressor according toIslamic Shariah (Law).
Time: When to fast
Fasting in Islam involves abstinence from three primal physical needs
of human beings- food, drink, and sexual intercourse from dawn
(approximately one and a half hours before sunrise) to sunset during
the entire month of Ramadan.
Who is exempted from fasting
1.Children under the age of puberty and discretion;
2.The insane people who are unaccountable for their deeds. People of
these two categories are exempted from the duty of fasting and no
compensation or any other substitute is enjoined on them;
3.Men and women who are too old and feeble to undertake the obligation
of fasting and bear its hardships. Such people are exempted from this
duty, but they must offer at least one needypoor Muslim an average
full meal or its value per person day.
4.Sick people whose health is likely to be severely affected by
fasting. They may postpone the fast, as long as they are sick, to a
later date and makeup for it, a day fora day;
5.People expecting hardship. Such people may break the fast
temporarily during their travel only and make up for it in later days,
a day for a day. But it is better for them,the Quran says, to keep the
fast if they can without causing extraordinary hardships;
6.Expectant women and women nursing their children may also breakthe
fast, if its observance is likely to endanger their own health or that
of their infants. But they must make up for the fast at a delayed
time, a day for a day;
7.Women in periods of menstruation (of a maximum of ten days). They
must postpone thefast till recovery and then make up for it, a day for
day.
The How To's of Fasting
Niyyahor Intention of Fast
To observe the fast, the intention of fasting is essential (waajib).
The intention should be made daily, preferably before dawn of each day
of fasting (in Ramadan).
Provision is made if someone has forgotten to express his intention
before dawn. In such a case one is allowed to express intention of
fasting before noon to avoid the invalidation of the fast.
The wording of Niyyah may be as follows:
"I intend to observe fast for today."
Suhoor
Suhoor is a light, predawn meal, recommended before actually fasting.
It is a blessing and hence recommended but not essential.
Any consumption of food or drink should cease at least five to ten
minutes before the onset of dawn.
Iftar
Iftar is an Arabic term meaning breaking the fast immediately after
the sunset. Iftar is a light snack consisting of dates or desserts,
along with liquids, such as water, juice or milk.
This is eaten after making the following Duaa (supplication) for
breaking the fast:
"Oh Allah! I fasted for your sake and I am breaking my fast from the
sustenance You blessed me with, accept itfrom me."
What breaks the fast
1.Intentional consumption of food, drink, medicine, or smoking during
the fasting.
2.Any injection which hassome nutritional value.
3.Beginning of menstruation or post natal birth bleeding (even in the
last moment of sunset).
The conditions mentioned above invalidate fasting and require "Qada"
(making up only the missed day ordays). However, intentional
intercourse during the hours of fasting invalidates fasting and not
only requires "Qada" but also additional penalty (Kaffara-see the
explanation of this below).
What does not break the fast
1.Eating or drinking by mistake, unmindful of the fast.
2.Unintentional vomiting.
3.Swallowing things which are not possible to avoid, such as one's own
saliva, street dust, smoke, etc.
4.Brushing the teeth.
5.Bathing: if water is swallowed unintentionally, it does not
invalidate the fast. However, while fasting gargling should be
avoided.
6.Injection or I/V (Intravenous) which is solely medicinal and not nutritional.
7.In some special circumstances if the food or drink is just tasted
and immediatelyremoved out of the mouth without allowing it to enter
intothe throat.
Kaffara
During the fasting period, if one deliberately breaks his orher fast,
s/he must free one slave, or fast for sixtycontinuous days, or feed
sixty needy persons, or spend in charity an amount equal to feeding
sixty persons.
If one chooses to fast sixty days and the continuity is interrupted
for any reason, except menstruation, one has to start the sixty day
cycle all over again.
Breaking of the fast under exceptional conditions
Muslims are permitted to break their fast of Ramadan when there is
adanger to their health.
In this situation a Muslim should make up his/her fast later. The
missed fast(s) can be made up at any other time of the year, either
continuously or intermittently, except on the day of Eid-ul-Fitr and
the day of Eid-ul-Adha
Tarawih
These are special Sunnah prayers in the month of Ramadan. They follow
the Isha prayers. A minimum of eight and a maximum of twenty Rakat are
offered in pairsof two.
Lailat al-Qadr
Amongst the nights of Ramadan, there is one special night of Power
(Qadr) which is highlighted in Surah al-Qadr (Surah 97 in the Quran).
It has the significance of being better than a thousand months. (Quran97:3).
This was the night when Quran was revealed to mankind. Prophet
Muhammad (peace and blessings be upon him) recommended Muslims search
for this night of Power (Qadr) in the odd nights of the last ten
nights in Ramadan.
Muslims spend the night in Ibadah (worship), asking forgiveness of
their sins and reciting theQuran.
Fasting is one of the five pillars of Islam. It is an actof obedience
and submission to Allah's commands through the highest degree of
commitment, sincerity and faithfulness to seek Allah's mercy, to atone
for sins, errors, and mistakes and to avoid condemnation to Hell.
It is done out of deep love for God, with a genuine virtue of
devotion, honest dedication and closeness to Allah, for Fasting is for
Allah and Him alone.
The fasting during Ramadan is obligatory onevery adult, sane, and able Muslim.
Denial of the obligatory nature of fasting in the month of Ramadan
amounts to disbelief.
One who avoids fasting without genuine reasons is a sinner and
transgressor according toIslamic Shariah (Law).
Time: When to fast
Fasting in Islam involves abstinence from three primal physical needs
of human beings- food, drink, and sexual intercourse from dawn
(approximately one and a half hours before sunrise) to sunset during
the entire month of Ramadan.
Who is exempted from fasting
1.Children under the age of puberty and discretion;
2.The insane people who are unaccountable for their deeds. People of
these two categories are exempted from the duty of fasting and no
compensation or any other substitute is enjoined on them;
3.Men and women who are too old and feeble to undertake the obligation
of fasting and bear its hardships. Such people are exempted from this
duty, but they must offer at least one needypoor Muslim an average
full meal or its value per person day.
4.Sick people whose health is likely to be severely affected by
fasting. They may postpone the fast, as long as they are sick, to a
later date and makeup for it, a day fora day;
5.People expecting hardship. Such people may break the fast
temporarily during their travel only and make up for it in later days,
a day for a day. But it is better for them,the Quran says, to keep the
fast if they can without causing extraordinary hardships;
6.Expectant women and women nursing their children may also breakthe
fast, if its observance is likely to endanger their own health or that
of their infants. But they must make up for the fast at a delayed
time, a day for a day;
7.Women in periods of menstruation (of a maximum of ten days). They
must postpone thefast till recovery and then make up for it, a day for
day.
The How To's of Fasting
Niyyahor Intention of Fast
To observe the fast, the intention of fasting is essential (waajib).
The intention should be made daily, preferably before dawn of each day
of fasting (in Ramadan).
Provision is made if someone has forgotten to express his intention
before dawn. In such a case one is allowed to express intention of
fasting before noon to avoid the invalidation of the fast.
The wording of Niyyah may be as follows:
"I intend to observe fast for today."
Suhoor
Suhoor is a light, predawn meal, recommended before actually fasting.
It is a blessing and hence recommended but not essential.
Any consumption of food or drink should cease at least five to ten
minutes before the onset of dawn.
Iftar
Iftar is an Arabic term meaning breaking the fast immediately after
the sunset. Iftar is a light snack consisting of dates or desserts,
along with liquids, such as water, juice or milk.
This is eaten after making the following Duaa (supplication) for
breaking the fast:
"Oh Allah! I fasted for your sake and I am breaking my fast from the
sustenance You blessed me with, accept itfrom me."
What breaks the fast
1.Intentional consumption of food, drink, medicine, or smoking during
the fasting.
2.Any injection which hassome nutritional value.
3.Beginning of menstruation or post natal birth bleeding (even in the
last moment of sunset).
The conditions mentioned above invalidate fasting and require "Qada"
(making up only the missed day ordays). However, intentional
intercourse during the hours of fasting invalidates fasting and not
only requires "Qada" but also additional penalty (Kaffara-see the
explanation of this below).
What does not break the fast
1.Eating or drinking by mistake, unmindful of the fast.
2.Unintentional vomiting.
3.Swallowing things which are not possible to avoid, such as one's own
saliva, street dust, smoke, etc.
4.Brushing the teeth.
5.Bathing: if water is swallowed unintentionally, it does not
invalidate the fast. However, while fasting gargling should be
avoided.
6.Injection or I/V (Intravenous) which is solely medicinal and not nutritional.
7.In some special circumstances if the food or drink is just tasted
and immediatelyremoved out of the mouth without allowing it to enter
intothe throat.
Kaffara
During the fasting period, if one deliberately breaks his orher fast,
s/he must free one slave, or fast for sixtycontinuous days, or feed
sixty needy persons, or spend in charity an amount equal to feeding
sixty persons.
If one chooses to fast sixty days and the continuity is interrupted
for any reason, except menstruation, one has to start the sixty day
cycle all over again.
Breaking of the fast under exceptional conditions
Muslims are permitted to break their fast of Ramadan when there is
adanger to their health.
In this situation a Muslim should make up his/her fast later. The
missed fast(s) can be made up at any other time of the year, either
continuously or intermittently, except on the day of Eid-ul-Fitr and
the day of Eid-ul-Adha
Tarawih
These are special Sunnah prayers in the month of Ramadan. They follow
the Isha prayers. A minimum of eight and a maximum of twenty Rakat are
offered in pairsof two.
Lailat al-Qadr
Amongst the nights of Ramadan, there is one special night of Power
(Qadr) which is highlighted in Surah al-Qadr (Surah 97 in the Quran).
It has the significance of being better than a thousand months. (Quran97:3).
This was the night when Quran was revealed to mankind. Prophet
Muhammad (peace and blessings be upon him) recommended Muslims search
for this night of Power (Qadr) in the odd nights of the last ten
nights in Ramadan.
Muslims spend the night in Ibadah (worship), asking forgiveness of
their sins and reciting theQuran.
Entering the marital bond –II: The marriage contract
The necessary components of themarital process:
This article, discusses some of the important issues to consider when
entering the bond of marriage. This includes the marriage contract and
witnesses to the marriage. It is imperative to remember that whatever
endeavor a person engages in, his or her intention should be purely
for the sake of Allaah, Almighty. For something as serious as
marriage, this should be obvious. The correct intention will ensure
that the union is blessed by Allaah and protected from difficulty and
tribulation. Our sole purpose in life should beto seek the pleasure of
Allaah in all that we do. If this goal were the focus, we would see
many happy, smiling married couples.
1. The marriage contract
The marriage contract is a necessary component in the marital process.
Marriage itself is actually considered to be a contract agreed upon by
the two parties. It is a binding, permanent agreement that can only be
broken through the process of divorce.
It should be entered with seriousness, and as with any contract, the
best attempt should be made to fulfill the obligations and
responsibilities due to the other party.
All scholars agree that the offer by one party and acceptance by the
other is an essential part of the marriage contract. Most of these
scholars also say that the offer must be from the woman's side )the
Wali - the guardian or one who represents him( and theacceptance from
the man during the process of the contract. The majority of the
scholars also say that it is necessary to have the presence of both
the prospective husband and the Wali during the process. The actual
presence of the woman to be wed is external to the whole process.
It is essential to mention here that the consent of the Wali is a
condition without which the contract is void.
The marriage contract itself may simply be in spoken form, although it
may also be completed through writing. Any wording that clarifies the
intention and goals of the contract would be acceptable. It is
important to mention that when the contract is entered into, the
aspects pertaining to marriage in the Sharee'ah)Islamic Law( become
binding upon each person, regardless of whether or not they are stated
inthe contract. These aspects would include the rights and
responsibilities of each party, such as the husband providing
sustenance for his wife and the wife being obedient toward her husband
and so forth.
Certain customs that are known and accepted by everyone can also take
the status of law and beconsidered binding on the parties. These, of
course, would only be acceptable if they do not contradict the
Sharee'ah. Some examples may be the custom of the husband providing
furniture for the house or the bride being taken to the home of the
groom.
Other stipulations may be added to the marriage contract if both
parties agree. These conditions cannot contradict the Sharee'ah nor
can they bring harm to anyone. The primary purpose of these additions
should be to avoid any conflict or hardship in the future.
Those who accept the stipulations must complete the condition or the
husband or wife has right to nullify the marriage. Allaah Says )what
means(:"O believers, fulfill the contracts."]Quran; 5:1[
The Prophetsaid:"The Muslims must act upon their stipulations."]Abu
Daawood and Al-Haakim[. It is necessary to mention that some scholars
are of the opinion that additional conditions cannot be added to the
marriage contract.
2. Presence of witnesses
The majority of scholars agree that the presence of two witnesses is
an obligatory aspect of the marital contract. The Prophetsaid:"There
is no marriage save with a guardian and two )just(
witnesses."]Al-Bayhaqi[
The witnesses must be just and righteous, and also adult, matureand
sane. Most scholars state that the witnesses must be male,although Abu
Haneefahis of the opinion that it is allowed to have one male and two
females. The witnesses must also be Muslim between two Muslims.)Abu
Haneefahallows for non-Muslims witnesses if the marriage is to a
non-Muslim woman(.
The reason for having Muslim witnesses is that the contract is
aserious one and is considered to be a religious contract.
Conclusion
As a woman eagerly prepares for her wedding day, buying clothes and
accessories, beautifying herself, informing family and friends, she
should reflect on the serious nature of the contract that she is about
to enter. It is a lifelong, binding contract that entails many duties
and responsibilities. She should become aware of the elements that are
necessary for completionof this bond )as outlined above and in the
previous article( as detailed in Sharee'ah, and learn about her role
as a wife and companion. She should also be informed about the rights
that are due to her from her husband.It is a beautiful reciprocal
relationship in which the rights of one party become the
responsibility of the other. There are many books available on this
topic and it would be wise to read some of these as part of the
preparation. In Islam, it is not enough to just get married. One must
have the knowledge to enter the union with wisdom andunderstanding and
a deep commitment to making it successful.
Equipped with the right intentionand knowledge, there should be little
room left for Satan to nudgebetween the man and woman who have
promised to love and honor each other all the days of their lives… and
in the Sight of Allaah.
This article, discusses some of the important issues to consider when
entering the bond of marriage. This includes the marriage contract and
witnesses to the marriage. It is imperative to remember that whatever
endeavor a person engages in, his or her intention should be purely
for the sake of Allaah, Almighty. For something as serious as
marriage, this should be obvious. The correct intention will ensure
that the union is blessed by Allaah and protected from difficulty and
tribulation. Our sole purpose in life should beto seek the pleasure of
Allaah in all that we do. If this goal were the focus, we would see
many happy, smiling married couples.
1. The marriage contract
The marriage contract is a necessary component in the marital process.
Marriage itself is actually considered to be a contract agreed upon by
the two parties. It is a binding, permanent agreement that can only be
broken through the process of divorce.
It should be entered with seriousness, and as with any contract, the
best attempt should be made to fulfill the obligations and
responsibilities due to the other party.
All scholars agree that the offer by one party and acceptance by the
other is an essential part of the marriage contract. Most of these
scholars also say that the offer must be from the woman's side )the
Wali - the guardian or one who represents him( and theacceptance from
the man during the process of the contract. The majority of the
scholars also say that it is necessary to have the presence of both
the prospective husband and the Wali during the process. The actual
presence of the woman to be wed is external to the whole process.
It is essential to mention here that the consent of the Wali is a
condition without which the contract is void.
The marriage contract itself may simply be in spoken form, although it
may also be completed through writing. Any wording that clarifies the
intention and goals of the contract would be acceptable. It is
important to mention that when the contract is entered into, the
aspects pertaining to marriage in the Sharee'ah)Islamic Law( become
binding upon each person, regardless of whether or not they are stated
inthe contract. These aspects would include the rights and
responsibilities of each party, such as the husband providing
sustenance for his wife and the wife being obedient toward her husband
and so forth.
Certain customs that are known and accepted by everyone can also take
the status of law and beconsidered binding on the parties. These, of
course, would only be acceptable if they do not contradict the
Sharee'ah. Some examples may be the custom of the husband providing
furniture for the house or the bride being taken to the home of the
groom.
Other stipulations may be added to the marriage contract if both
parties agree. These conditions cannot contradict the Sharee'ah nor
can they bring harm to anyone. The primary purpose of these additions
should be to avoid any conflict or hardship in the future.
Those who accept the stipulations must complete the condition or the
husband or wife has right to nullify the marriage. Allaah Says )what
means(:"O believers, fulfill the contracts."]Quran; 5:1[
The Prophetsaid:"The Muslims must act upon their stipulations."]Abu
Daawood and Al-Haakim[. It is necessary to mention that some scholars
are of the opinion that additional conditions cannot be added to the
marriage contract.
2. Presence of witnesses
The majority of scholars agree that the presence of two witnesses is
an obligatory aspect of the marital contract. The Prophetsaid:"There
is no marriage save with a guardian and two )just(
witnesses."]Al-Bayhaqi[
The witnesses must be just and righteous, and also adult, matureand
sane. Most scholars state that the witnesses must be male,although Abu
Haneefahis of the opinion that it is allowed to have one male and two
females. The witnesses must also be Muslim between two Muslims.)Abu
Haneefahallows for non-Muslims witnesses if the marriage is to a
non-Muslim woman(.
The reason for having Muslim witnesses is that the contract is
aserious one and is considered to be a religious contract.
Conclusion
As a woman eagerly prepares for her wedding day, buying clothes and
accessories, beautifying herself, informing family and friends, she
should reflect on the serious nature of the contract that she is about
to enter. It is a lifelong, binding contract that entails many duties
and responsibilities. She should become aware of the elements that are
necessary for completionof this bond )as outlined above and in the
previous article( as detailed in Sharee'ah, and learn about her role
as a wife and companion. She should also be informed about the rights
that are due to her from her husband.It is a beautiful reciprocal
relationship in which the rights of one party become the
responsibility of the other. There are many books available on this
topic and it would be wise to read some of these as part of the
preparation. In Islam, it is not enough to just get married. One must
have the knowledge to enter the union with wisdom andunderstanding and
a deep commitment to making it successful.
Equipped with the right intentionand knowledge, there should be little
room left for Satan to nudgebetween the man and woman who have
promised to love and honor each other all the days of their lives… and
in the Sight of Allaah.
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