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Sunday, February 16, 2014

Dought & clear, - He divorced her in returnfor half of the mahr afterhe accused her. Does he have the right to this money?.











I am a religiously-committed young woman, praise be to Allaah. There was a problem between me and my husband – from whom I have a daughter –as the result of which I went to my father’s house. He had doubts about me and accused me with regard to my honour without any convincing reason, then he apologized, then he accused me again. That happened several times, which made me certain that he was afflicted with waswaas (whispers from the shaytaan). I could no longer bear it, so I went to my family. After I went to them, I stayed with them for four months, during which my husband only became more stubborn and insistent upon his position, without any proof or evidence against me. After that my brother went to him to try to work things out, but he insisted on his position, and asked me to repent, and the matter got worse. He spoke ill of my father and how he had raised me. At that point my brother and my father
insisted that he should divorce me, otherwise they would refer our problem to the courts, and he would have to prove his accusations against me. My husband asked for half of the mahr in return for divorcing me, but after a while he divorced me without us giving him anything, and he kept quiet about that, and did not ask for the money again.
Now Allaah has compensated me with another husband who is religiously committed, praise be to Allaah. My second husband has pointed out to me that I may owe some money to my first husband. Because I am afraid of doing something haraam and consuming people’s wealth and taking away their rights, I hope that you can advise me with regard to this matter. Please note that I do not have this money, and I do not ask him for any expenses for his daughter, but he sends some to her sometimes, and sometimes he does not send her anything. Does he have any right to my wealth?
May Allaah reward you with good.
Praise be to Allaah.
For a husband to slander his wife and accuse her with regard to her honour is a major sin, which incurs a hadd punishment and means that his testimony is to be rejected. He has to bring shar’i evidence to prove the accusation, or else engage in li’aan.
Ibn Qudaamah (may Allaah have mercy on him) said:
If he slanders his chaste wife then he is subject to the hadd punishment, and he is ruled to be a faasiq (evildoer) whose testimony is to be rejected, unless he brings proof or engages in li’aan. If he does not bring four witnesses or he refuses to engage in li’aan, then all of that applies to him. This is the view of Maalik and al-Shaafa’i.
This is indicated by the verse in which Allaah, may He be exalted, says (interpretation of the meaning):
“And those who accuse chaste women, and produce not four witnesses, flog them with eighty stripes, and reject their testimony forever. They indeed are the Faasiqoon (liars, rebellious, disobedient to Allaah)”
[al-Noor 24:4]
This is general in meaning and applies to the husband and others. With regard to the husband in particular, his li’aan may take the place of testimony in order to cancel out the hadd punishment, judgement of being a faasiq and rejection of his testimony.
Also, the Prophet (peace and blessings of Allaah be upon him) said: “(Bring) proof, or else the hadd punishment will be on your back.” And he said when he conducted the process of li’aan: “The punishment in this world is easier to bear than punishment in the Hereafter.”
Because he has slandered (his wife), the hadd punishment should be carried out on him if he admits to lying; therefore the hadd punishment is due unless he brings the proof required by sharee’ah, as is the case with any other man.
Al-Mughni(9/30).
Based on this, what the husband must do is fear Allaah with regard to himself and his wife, and he should refrain from bad talk. Speaking against his wife is an attack on his own honour. He must also declare himself to be a liar by asserting his wife’s innocence of what he has fabricated against her. If he does not do that, then he deserves what Allaah has decreed for those who do that, namely the hadd punishment, rejection of his testimony and being judged to be a faasiq, and she has the right to demand that he divorce her, and he should give her her rights in full.
Secondly:
Putting pressure on one's wife by making false accusations, annoying her and beating her in order to make her give up her mahr or any part of it is called al-‘adl (treating the wife harshly in order to take away the dowry or part of it), and it is haraam, unless she has committed blatant immorality. If the husband does that, he has no right to what his wife has given up, and he has to return it to her. If he refuses to divorce her, then she has the right to free herself from him and give up her mahr or more or less than that. If he is lying and is wronging her, then what he takes is evil and haraam, and if he is telling the truth then what he takes is permissible for him, so long as he has proven that which incurs the hadd punishment by means of four witnesses or li’aan. This applies if he has accused her openly; however, if he saw her commit an immoral deed and it is between him and his Lord, then he may put pressure on her so that she may give up part of her mahr in return for divorce.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who accused his wife of immorality; he did not see her do anything that is disapproved of in sharee’ah, but he claimed that he sent her to a wedding then he spied on her and did not find her at the wedding, but she denied that. Then he went to her guardians and told them what had happened, and they called her to respond to what her husband was saying, but she refused for fear of being beaten, and she went out to the house of her maternal uncle. Then after that the husband used this incident to deny her her rights and he claimed that she had gone out without his permission. Does that invalidate her rights, and should her denial be accepted?
He replied:
Allaah, may He be exalted, says (interpretation of the meaning):
“O you who believe! You are forbidden to inherit women against their will; and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sexual intercourse”
[al-Nisa’ 4:19]
So it is not permissible for a man to force his wife by putting pressure on her to make her give up part of the dowry, or to beat her for that purpose. But if she commits open illegal sexual intercourse then he has the right to put pressure on her to give up all or part of the dowry in return for divorce. This is with regard to that which is between a man and Allaah.
As for the family of the woman, they should find out the truth and help to establish it. If they find out that she is the one who has transgressed the sacred limits of Allaah and betrayed her husband, then she is the wrongdoer and transgressor and she should give up the dowry in return for divorce. If he says that he sent her to a wedding and she did not go to the wedding, then he should ask her where she went. If he is told that she went to some people about whom there is no suspicion, and those people confirm what she says, all well and good; if they say that she did not come to them and she did not go to the wedding, then there is something dubious and this supports what the husband is saying.
As for the furniture etc that she brought from her father’s house, he should give it back to her whatever the case, but if they reconcile then reconciliation is good.
If the woman repents, then it is permissible for her husband to keep her and there is nothing wrong with that, for the one who repents from sin is like one who did not sin at all.
If they do not agree for her to go back, then she can give up the dowry and the husband can let her go (khula’), because khula’ is permissible according to the Book of Allaah and the Sunnah of His Messenger, as Allaah says (interpretation of the meaning):
“Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)”
[al-Baqarah 2:229]
Majmoo’ al-Fataawa(32/283, 284)
Thirdly:
It seems to us that you owe him nothing, and that what he is demanding of half of the mahr is not his right according to sharee’ah. It seems that he has had second thoughts or that someone has told him about the ruling, so he did not persist in his demands. He may have given up half of the mahr in return for your looking after his daughter and spending on her.
Whatever the case, he has not produced witnesses for what he has accused you of, and he has not engaged in li’aan, and he has not seen anything that would make him not a sinner between him and his Lord. All of this means that you are in the right and he is not – according to what is said in your question – so he has no right to stipulate that he be given half of the mahr.
May Allaah bless your new husband for you, whom Allaah has granted to you, and may He reward him with good for telling you to ask about the rights of your first husband. This is indicative of a good character and great religious commitment.
We ask Allaah to grant him the best of rewards and to make him a good compensation for you and your daughter, and to bring you together in goodness and bless you with goodly offspring.
We ask Allaah to guide your first husband to repent sincerely and to heal him if he is sick, and to compensate him with something better.
And Allaah knows best.








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For children, - Man should remain the same in all circumstances, whether richer or poor















It is written in the book "Adad ussin" that when Ayaz became a close confidante of Sultan Mahmud Ghaznavi, the powerful Muslim ruler, his detractors began to try to pull him down from this position.
One day two of the ministers came to Sultan Mahmud Ghaznavi and said, "Ayaz has stolen a lot of ornaments and treasure and he has kept all of them in a room which he has locked. Every morning he visits that room and does not allow anyone else."
Thereupon hearing this, Sultan Mahmud Ghaznavi fell into doubt and said when Ayaz comes to me tomorrow you people go there, open the door and bring here whatever he has stored in that room.
The next morning these people took tools and broke the lock of the door and stepped into the room of Ayaz. They, however, did not find anything except a cotton sheet and a pair of old leather slippers. They thought that the treasure must be buried underground otherwise what was the need for him to visit this room everyday if it contained only a torn sheet and old leather slippers.
They dug the floor of the room but did not find anything. They informed the ruler and he asked Ayaz that except for a cotton sheet and a pair of leather slippers there was nothing else in the room. So, why did he keep the room locked and pay a private visit everyday?
Ayaz said, "Before I became your slave I had worn that particular garb. But after joining your service I got everything. Since man is prone to disobedience and pride, I frequently visit the room and see my old dress so that I may not fall into vanity. I should always remember that whatever I have today is due to the favour of Sultan and it is all given to me as a loan. After that I begin my job of the day."
Ayaz was also heard saying his prayer with all sincerity, "O Lord! This ministry is - Yours and not mine. These ministerial robes are yours and not mine. The strength in the body, light in the eye and what not are all due to you". He was all this time shedding tears of love in complete abnegation to Allah (SWT).
After hearing the above words of Ayaz, Sultan Mahmud Ghaznavi impressed very much with his dedications. By embracing Ayaz, Sultan Mahmud Ghaznavi says, 'What a lesson you have given me, Ayaz! It is this lesson which we all must learn, whatever be our position. Because before Allah (SWT) and in whose presence we all are but slaves, nothing should make us forget that helplessness through which we were reared and raised, and brought to life, to understand and to live a life of joy.'
Dr. Allama Mohammed Iqbal, praises Islamand its teaching of equalitybetween different class of people in the following Urdu couplet by looking at the example of Sultan Mahmood Ghaznavi and slave Ayaz:
Ek Hi Saf Mein Khade Ho Gaye Mahmood-O-Ayaz,
Na Koi Banda Raha Aur Na Koi Banda Nawaz.
Banda-O-Saheb-O-Muhtaaj-O-Ghani Ek Huwe,
Teri Sarkar Mein Pahunche Toh Sabhi Ek Huwe.
So the first condition of success is to fill our heart with Divine Light. Filling our heart with Divine Light means dedication or surrender - renouncing everything to Allah (SWT).
Indeed, there are countless weaknesses of man that do not allow him to reach his desires. Just as man desires to have knowledge about a lot of things, but it is not possible for him. He wants to remember something but he forgets it. He prefers to forget a particular sin but he could not do so. He tries to concentrate on something and to get rid of worries and doubts, but he does not succeed. And he is attracted towards those things in which there is destruction for him and dislikes those things which are beneficial to him.
Apart from this he is in constant dread of losing something which is dear and precious to him, like wealth or children or his physical powers.
Almighty Allah (SWT) says in Noble Qur'an: "And they control not for themselves any harm or profit, and they control not death nor life, nor raising (the dead) to life." (Surah al-Furqan 25:3)
In brief, man is a mortal who has no control over his capabilities or susceptibilities. It is a fact that he is always in fear of death and there is none that can save him from death.




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Saturday, February 15, 2014

Islamic Articles, - Women's Rights of Inheritance in Islam - I












In the pre-Islamic civilizations, women were denied any right to inheritance, so that money and property would not be transferred to her from her husband. Only mature, elder sons were entitled to inheritance, since they were the ones who fought and defended their tribe in times of war.
In theSharee‘ah)Islamic legislation(, the issues of inheritance have been discussed in detail and include all the possible cases of inheritance, and the reasons,legal impedimentsand methodology involved in evaluating and distributing them.
Women’s right to inheritance:
Islam grants women the right toinherit fromtheir parents or relatives and specifies an obligatory share for them. Allaah The Almighty Says )what means(:}For men is a share of what the parents and close relatives leave, and for women is a share of what the parents and close relatives leave, be it little or much -- an obligatory share.{]Quran 4:7[
Muslim jurists believe that this verse establishes a general inheritance rule for both men and women. They also believe that this verse establishes a new norm that was not known before; that is granting women the right to inheritance.
In IslamicSharee‘ah, there arethree reasons for inheritance: marriage, blood relations andTa‘seeb)i.e., by virtue of being related to the deceased through the father of the latter, but they do not have a specific allotted share, rather they get what is left after the allotted shares have been distributed(.
Similarly, there are three kinds of inheritance: inheritance byprescribed shares,inheritance byTa’seeband inheritance by blood relations.
·Inheritance by prescribed shares
The jurisprudence of inheritance used to be called the'jurisprudence of prescribed shares', because the shares of the inheritors are prescribed. Inheritance by prescribed shares is just like inheritance by assignment, as every one of those who receive this kind of inheritance take their share before any other potential inheritor does. The Prophet,sallallaahu ‘alayhi wa sallam, said:“Give the prescribed shares to their due recipients and what remains would be for the worthiest male relative.”
Women inherit by prescribed share in eight cases, while men inherit in four cases only.
The cases where women inherit by prescribed shares are the following:
1.Being the wife of the deceased
The share of the wife of the deceased is prescribed in the following verse: Allaah The Almighty Says )what means(:}And for the wives is one fourth if you leave no child. But if you leave a child, then for them is an eighth of what you leave, after any bequest you ]may have[ made or debt.{]Quran 4:12[
2.Being the mother of the deceased
The share of the mother of the deceased is prescribed in the following verse: Allaah The Almighty Says )what means(:}And for one's parents, to each one of them isa sixth of his estate if he left children. But if he had no children and the parents ]alone[ inherit from him, then for his mother is one third. And if he had brothers ]or sisters[, for his mother is a sixth, after any bequest he ]may have[ made or debt. Your parents or your children -- you know not which of them are nearest to you in benefit. ]These shares are[ an obligation ]imposed[ by Allaah. Indeed, Allaah is Ever Knowing and Wise.{]Quran 4:11[
3.Being the daughter of the deceased
The daughter of the deceased takes half her father’s estate if she does not have a brother or a sister. Allaah The Almighty Says )what means(:}And if there is only one, for her is half.{]Quran 4:11[
4.Being the daughter of the deceased’s son
She inherits by prescribed share if she is not precluded by aworthierlineal heir, male or female.
5.Being the deceased’sfull sister
She inherits half of the inheritance of her dead brother if she was the only sister and there are no other sisters or brothers. If the case was otherwise, she inherits according to what is stipulated inthe following verse: Allaah The Almighty Says )what means(:}And if a man or woman leaves neither ascendants nor descendants but has a brother or a sister, then for each one of them is a sixth. But if they are more than two, they share a third, after any bequest which was made or debt, as long as there is no detriment ]caused[. ]This is[ an ordinance from Allaah, and Allaah Is Knowing and Forbearing.{]Quran 4:12[
6.Being the deceased’s maternal half-sister
If she does not have a full sister, she takes the same ruling stipulated for the full sister.
7.Being the deceased’s grandmother
This refers to the mother of the father, or the mother of the father’s father.
8.The mother of the mother of the deceased)i.e. a grandmother who is not related to the deceased by virtue of a maternal grandfather(.
She inherits one-sixth if she is the only grandmother.
·Inheritance byTa‘seeb
A woman inherits byTa‘seebif she shares the same degree of relationship with another relative or relatives; such as a brother and his full sister or sisters, or a daughter of a son and another son of a son, provided that they are not precluded by a closer relative. In the aforementioned cases, a female inherits an amount that equals half that to be inherited by a male, according to Islamic rules. Allaah The Almighty Says )what means(:}Allaah instructs you concerning your children: for the male, what is equal to the share of two females.{]Quran 4:11[
Females who inherit byTa‘seebare: the daughter, the daughter of the son, the full sister and the paternal half sister.
·Inheritance by blood relations
Jurists define blood relations as:Relatives who are not among those who inherit by prescribed share or by Ta‘seeb such as the children of a daughter and a maternal grandfather )i.e. the father of the mother and the father of the father’s mother(,a maternal grandmother)who is not related to the deceased by means of a maternal grandfather(, the children of maternal half sisters and brothers, the sons of the sisters and the daughters of the brothers.
IslamicSharee‘ahdoes not provide an explicit text that states the amount of inheritance for such relatives, but all jurists believe that they should inherit according to their order of inheritance and if the deceased did not have any relatives who would inherit by prescribed share or byTa‘seeb.







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