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Wednesday, February 12, 2014

For children, - Bohlool and a Businessman, Bohlool and Serious Advice, Bahlool Wisdom










One day a Baghdadi businessman met Bohlool and said, "Sheikh Bohlool! Give me advice as to what I should buy that would benefit me most."
Bohlool replied, "Iron and Cotton."
The man went away and bought a lot of Iron and Cotton and stocked them. After a few months, he sold them and gained a lot of profit. Again he met Bohlool and said, "O Crazy Bohlool! What should I buy that would profit me?"
This time Bohlool told him to buy onions and watermelons. The businessman went and bought his entire savings worth of onions and watermelons. Just a few days later, they all rotted and caused a lot of harm. He immediately sought out Bohlool and said, "When I first asked you for advice, you said buy Iron and Cotton. I profited a lot from this, but the second time what kind of advice did you give me! All my wealth was destroyed!"
Bohlool said, "The first time you addressed me as Sheikh Bohlool, and since you addressed me as an intelligent person, I advised you according to my wisdom. The second time you called me Crazy Bohlool, so I advised you like a crazy person."
The businessman was ashamed of his behavior and understood Bohlool well.







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- PUBLISHERNajimudeeN M

Tuesday, February 11, 2014

Fathwa, - Is this a sound reason for Khul’? Is the husband obliged to accept it?












Question
Assalamalaicum, I have already asked several questions regarding my problem. It may be my last question, my wife when came to know that there is no legitimate reason for invalidation of marriage, then she asked me Khula in lieu of dower through Islamic court. Suppose, I will not release her, the judge can go for dissolution of marriage if she is adamant over her separation decision without any legitimate reason as being told to her by judge himself. Can I be sinner, if i don't release her )My wife is pious, sober, chaste, virtuous and good in all aspects but stubborn & under pressure of her mother(. Jazakallah khair
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His slave and Messenger.
First of all, it should be mentioned that if the wife hates the conduct or the physical appearance of her husband and she fears that if she does not ask him for Khul’ )divorce initiated by a woman(, she will not be able to fulfill his rights upon her, then this is a sound reason that permits her to ask for Khul’. Rather, according to some jurists, it is desirable for her to do so. We mention this because some husbands do not know that this is a valid reason for the wife to ask for Khul’. However, the husband is not obliged to accept the Khul’ of his wife in this case but this is desirable as the ProphettoldThaabit ibn Shammaaswhen his wife asked him for Khul’: "Accept the garden and divorce her.” ]Al-Bukhaari[
Ibn Hajarsaid in his book Fath Al-Baari, “This is a matter of guidance and reconciliation and not an obligation.”
Moreover, in his book entitled Al-Insaaf,Al-Mardaawifrom the Hanbali school of jurisprudence, said about the ruling on the husband accepting the Khul’ )of his wife(, “As regards the husband, then the correct opinion of the school is that it is desirable for him to accept it, and this is the view of the majority of the scholars of the school ]i.e. the Hanbali School[. However, it was reported that Shaykh Taqiy Ad-Deenhad two opinions about the obligation of accepting it )the same opinion of the Hambali school and its opposit(. Some honorable judges of Damascus, Syria, are of the view that the husband is obliged to accept the Khul’.”
The view that it is an obligation on the husband to accept Khul’ when it is not possible to reconcile between the spouses is the view chosen byShaykh Ibn ‘Uthaymeen. He said in Sharh Az-Zaad, “If we are unable to reconcile between the spouses in any way, and he refuses to divorce her, and she refuses to stay with him, then some scholarsare of the view that Khul’ is an obligation in this case with the condition that she should give him back the entire dowry. Some scholars of the Hanbali School are of this view."
Besides,Ibn Al-Muflihsays about his Shaykh,Ibn Taymiyyah“Our Shaykh has different views on this issue, whether or not Khul’ is an obligation, although some scholars of the Hanbali school of jurisprudencestated that Khul’ is an obligation and is incumbent on the husband. They provided as evidence what the Prophetsaid to Thaabit: “Take the garden and divorce her”, and they said that this is an order that means an obligation. Besides, there is no other way to put an end to this conflict and discord except by this ]i.e. Khul’[ and putting an end to conflicts and discord among the Muslims is an obligation, and what is necessary for an obligation to be achieved is in itself an obligation, and this view is the correct view.”
Therefore, if there is no reason that makes Khul’ permissible and there are good marital relationships between the husband and the wife, then he should not accept her Khul’. Rather, some scholars are of the view that Khul’ is forbidden in this case and that it does not take effect. This is one of the two opinions narrated from ImaamAhmad.
On the other hand,Al-Mardaawifrom the Hanbali School of jurisprudence, said in his book entitled Al-Insaaf when mentioning the conditions of Khul’, “To say that Khul’ can take place while there are good marital relations between the spouses, then the view of the school is that it takes effect but this is disliked. Another narration from Imaam Ahmadreads, “Khul’ is forbidden and it does not take effect.”
Since, the case has been taken to the court, then the judge is in a better position to find out about the circumstances of the case, Allaah willing, and the family of the wife should fear Allaah The Almighty and help in the reconciliation between the spouses and not to spoil the marital relationship between their daughter and her husband.
Allaah Knows best.







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- PUBLISHERNajimudeeN M

Fathwa, - Regulations relating to Khul’













Question
my wifeis claiming khula on the grounds of i went into another marriage i am not paying her maintanance or no contact over year but in reality she always cheated on me i have 3boys age 15,13,and11 i always love them when i caught herwith different affairs she put me in trouble always making false accusation and call the police so many time i am clear from police and now she is take over my buisnnes propert to commit a fraud she keep changing her home numbers so if i need to contact childrens i have to ring her and then refusses to see children or contact with her consant i went another islamic marriage i have some proof of her affair but even her brothers against me trying to protect her bcoz they got eye on my buisnnes and proprty they r thinking of them benifets but they fotgeting one thing they r taking my childrens and my good valuable time away i cry all the time for my childrens my wife spending all the money to her boy friends which is we saved for our chidrens please give advice asap bcoz ihave to give answer before 12march to sharia court to how to defend my case please dont mansion my name jazah ALLAH,,looking forward to hear from u or give me some numbers where i can seek advice many thanks,,
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, is His slave and Messenger.
Since the case is referred to an Islamic court, then it is the court which will decide about it.
However, you have the right to ask for your right in court based on what you know about the behavior of your wife. If Khulu’ takes place, then you have the right as well to endeavor to foster your children by mentioning that your wife is corrupt. You may also benefit by giving the choice to your children to choose between you and her.
Allaah Knows best.






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- PUBLISHERNajimudeeN M