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Friday, February 21, 2014

Dought & clear, - Is it permissible for him to kill practitioners of witchcraft without the permission of the authorities?.


















Witchcraft is widespread in our land and they annoy and harm the people. Is it permissible to kill them so that the people will be spared their evil?
Please note that our government allows them to work and takes taxes from them.
Praise be to Allaah.
Firstly:
If it is proven that a person is doing witchcraft then it is obligatory to kill him because of his evil and the harm that he is doing to people. This has been explained in the answer to question no. 13941.
What is required of those whom Allaah has placed in authority over people is to rule them in accordance with that which Allaah has revealed. Allaah says (interpretation of the meaning):
“And so judge (you O Muhammad) among them by what Allaah has revealed and follow not their vain desires”
[al-Maa’idah 5:49]
“And whosoever does not judge by what Allaah has revealed, such are the Kaafiroon (i.e. disbelievers — of a lesser degree as they do not act on Allaah’s Laws)”
[al-Maa'idah 5:44]
“And whosoever does not judge by that which Allaah has revealed, such are the Zaalimoon (polytheists and wrongdoers — of a lesser degree)”
[al-Maa’idah 5:45]
“And whosoever does not judge by what Allaah has revealed (then) such (people) are the Faasiqoon [the rebellious i.e. disobedient (of a lesser degree)] to Allaah”
[al-Maa'idah 5:47]
It is not permissible at all to annul a punishment prescribed in sharee’ah. Even worse and more abhorrent than that is approving of the haraam deed and allowing the practitioner of witchcraft to work his magic in return for paying taxes.
This is a betrayal of trust which the ruler will be asked about on the Day of Resurrection, the Day on which he will bite his hand in regret, but it will be to no avail. Allaah says (interpretation of the meaning):
“And (remember) the Day when the Zaalim (wrongdoer, oppressor, polytheist) will bite at his hands, he will say: ‘Oh! Would that I had taken a path with the Messenger (Muhammad).
28. ‘Ah! Woe to me! Would that I had never taken so‑and‑so as a Khaleel (an intimate friend)!
29. “He indeed led me astray from the Reminder (this Qur’aan) after it had come to me. And Shaytaan (Satan) is to man ever a deserter in the hour of need.’”
[al-Furqaan 25:27-29]
Secondly:
If the ruler does not do what is required of him of carrying out punishments prescribed in sharee’ah, then no one of the Muslim masses has the right to do that, because punishments first require proof that this person deserves this punishment, then they require the authority to carry them out.
If the door is opened for people to carry out the shar’i punishments, chaos will reign in society and no one’s life or wealth will be safe.
The scholars of the Standing Committee said:
The one whose job it is to establish proof of witchcraft and carry out those punishments is the ruler who is in charge of the Muslims’ affairs, so as to ward off evil and to close the door to chaos.
Fataawa al-Lajnah al-Daa’imah(1/552).
In the answer to question no. 13941we have quoted the words of Shaykh Sulaymaan al-‘Alwaan:
Once it is proven that a person is guilty of practicing magic, then he must be killed. This was proven from a group of the Sahaabah, but it is not for individuals to carry out this hadd punishment without the command of the ruler or his deputy, because carrying out the hadd punishments without the authority of the ruler may lead to mischief, and destroy any sense of security in the society, and undermine the position of the ruler. End quote.
We have mentioned the conditions of the ruler in carrying out hadd punishments in the answer to question no. 8980, where we mentioned that there is scholarly consensus on this point.
You have to warn the people against this practitioner of witchcraft and against going to him, and explain that this action may lead a person to kufr and going beyond the pale of Islam.
And Allaah knows best.







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For children, - Islamic Society (Muslim Society): She refrained him from committing a Sin!



















There was a hermit in Bani Israel. He was absolutely free from sins. Upon seeing this, the head Satan (Shaitan) called his cohorts and asked which one of them could mislead this man?
One of them volunteered and Satan asked what method he would use? He said through women. The head Satan told him that he would not succeed because the sage was oblivious to sexual pleasure.
Another Satan rose up and said he would deviate him through wine and sensuality. The head Satan said that he too was unsuitable for this job because the sage was not interested in these things.
A third Satan stood up and said that he would cause him to err through good deeds and noble character. The head Satan said that indeed he was fit for the job. This Satan, at once went to the place where the sage was engrossed in his meditation, and stood up beside him and began to pray Salah (Salat, Namaz). The sage was feeling sleepy but the Satan continued to perform prayers. When the sage got tired he would take a rest but the Satan did not take a break.
The sage felt himself inferior and went to the Satan to ask him the secret of his stamina in praying Salah (Salat, Namaz). The Satan did not give any reply and the sage reiterated his question. Yet there was no response from the Satan. When the sage asked him the third time the Satan said, "The fact is that I had committed a great sin (Gunah- e-Kabira)and since then whenever I remember my sin, I get impetus to worship more."
The sage asked him what sin he had committed so that even he can do it and gain the stamina to worship so much. The Satan said, "Go to a particular prostitute in the town, pay her two dirhams and fulfill your needs with her."
"From where can I get two dirhams?" asked the sage, "I don't even know what a Dirham means". The Satan took out two dirhams from under his feet and gave them to the sage and also gave him his cloak and sent him towards the city.
The sage sought the address of the prostitute. The people guided him thinking that he was going to her to guide her towards morality. The sage gave the two dirhams to the woman and asked her to entertain him.
The prostitute invited him inside with respect and said, "Pious people like you do not visit prostitutes. Why have you taken such a step?" The sage explained his aim in detail. The woman told him, "Actually, avoiding a sin is easier than repenting for it. Because it is not necessary that a sinner will get a chance to repent. I think that the one who has advised you for this is Satan, who has assumed a human form to mislead you. Go back to your place and you shall find him missing."
The sage returned home and by chance the prostitute died the same night. In the morning people saw the following inscribed on her door: "Take part in the funeral of this woman, she is from the people of Paradise."
The people fell into doubt and were so astounded that for three days they were not able to bury her. Till the Almighty Allah (SWT) revealed upon His Messenger, Musa Ibn Imran (as) [ Prophet Moses (pbuh)] to recite her funeral prayer and also command the people to participate in it. "Because she had prevented a servant of Mine from committing a grievous sin. So I have forgiven all her sins and made Paradise incumbent on her."
Have you refrained anyone today from committing a sin? How fortunate are those who practice Amar Bil Maroof (enjoining the right) and Nahi Anil Munkar (forbidding the wrong) everyday in an Islamic Society/Muslim Society.








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Thursday, February 20, 2014

Fathwa, - The authorities in UK do not accept her Khul' fromher first husband



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Question
assalam-u-alaikum. I married a man in Pakistan in 2006 and because we had no communication for almost a year i applied for khulla from the islamic sharia council in the uk.I never applied for his visa and he never entered the uk. we only ever had a nikah because that is all that is needed in pakistan.i am now married to another man from pakistan and have applied for his visa to enter the uk but it has been declined because they do not accept my divorce. they are saying that i should have a civil divorce which i don't understand because i was never married in the uk. i had an islamic marraige and an islamic divorce. i have appealed to immigration and am looking for some sort of evidence to back what i am saying.unforunately i cant get in contact with islamic sharia council.please could you tell me wether what i have done is right. i need an answer urgently. Jazak Allah
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 Muhammadis His slave and Messenger.
Khul’ does not take place except with the consent of the husband but his presence is not a condition; rather, this can be done by him appointing someone to act on his behalf. Therefore, if this Council ruled that you are separated from him, then we do not know on what basis they ruled this.
Hence, we cannot authoritatively assert whether or not this second marriage is valid because you might have remarried while you are still a wife of the first husband. So, we advise you to contact the Sharee’ah Council so that you would clarify the matter to them and they would issue a Fatwa to you accordingly.
In general, if divorce takes place and it was before the consummation of the marriage, then it becomes permissible for the woman to marry because she does not have to observe a waiting period. As regards the civil divorce, then this is not required under Sharee’ah.
On the other hand, if a woman is not able to bring her husband to the country where she resides, then she should go to him so that she would reside where he resides, especially that residing in a non-Muslim country has many disadvantages especially on their future children. For more benefit, please refer to Fatwa 86405.
Finally, it should be noted that if a Muslim does not know the Sharee’ah ruling concerning what he/she wants to do, then he/she should first of all ask the scholars; Allaah Says )what means(: }So ask the people of the message ]i.e. former scriptures[ if you do not know.{]Quran 16:43[
Allaah Knows best.
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