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Wednesday, January 17, 2018

Bad behaviour, - * Is it haraam for men to wear bracelets?

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There are bracelets that are made of rubber, fabric, leather, threads or metal; they may be coloured and have different designs on them, and they are worn for adornment only. They are not limited to women only according to the custom of his people; rather they may be worn by both men and women, as is the case in Egypt. Those who wear them may be sportsmen or football fans or others, and no one regards them as imitating women at all.
I hope that you will answer: is it halaal or haraam to wear these bracelets?.
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Praise be to Allaah.
Firstly:
Al-Bukhaari (5435) narrated that Ibn ‘Abbaas (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) cursed men who imitate women and women who imitate men.
According to a report also narrated by al-Bukhaari (5436), the Prophet (blessings and peace of Allah be upon him) cursed effeminate men and masculinized women and he said: “Expel them from your houses.”
From the two hadeeths quoted above, it is clear that it is haraam for men to imitate women, and vice versa. The actions of effeminate men are also forbidden; they are men who are effeminate in mannerisms and appearance.
Al-Mubaarakpoori (may Allah have mercy on him) said:
That is, men who resemble women in fashions, clothing, using henna on the hands and feet, voice, appearance, speech and all their movements. End quote fromTuhfat al-Ahwadhi
Secondly:
Wearing bracelets, whether they are of the type mentioned in the question or other types, and whether they are made of leather, metal or anything else, is haraam for men, because they come under the heading of women’s clothing and adornments. No man wears them except one in whom there is an inclination towards effeminacy and imitation of women. The matter is not as mentioned in the question, that the Egyptians do not regard this as resembling women; in fact most people with any decency and morals denounce that and do not want their sons to wear them. We do not know of anyone – in Egypt or in any other Muslim Arab society – who thinks that wearing this is acceptable among people of religious commitment and dignity.
Shaykh Zakariya al-Ansaari (may Allah have mercy on him) said:
A man may wear a silver ring to follow example of the Prophet (blessings and peace of Allah be upon him) on the basis of scholarly consensus; in fact it is Sunnah to do so, as we have seen above. … But wearing bracelets and some other things such as bangles and necklaces is not permissible for him even if they are made of silver, because that is a kind of effeminacy that is not befitting for dignified men. End quote.
Asna’l-Mataalib, 1/379; see alsoal-Majmoo‘by an-Nawawi, 4/444
Ibn Hajar al-Haytami (may Allah have mercy on him) said:
It is haraam to imitate them (i.e., women) by wearing fashions that are unique to them, such as wearing bracelets, anklets and the like, unlike wearing rings. End quote.al-Fataawa al-Kubra, 1/261
Men should choose adornments that are appropriate to their manliness and to the society in which they live; before all that, they should be acceptable according to Islamic teachings.
And Allah knows best.















Tuesday, January 16, 2018

Invalid Marriages, - * She married without her wali’s consentand the marriage contract was done without her being present

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I got married a while ago to a man with a marriage contract done by a lawyer, because of certain circumstances, on the basis that when things changed, we would get married in the presence of a notary public, in sha Allaah. In the marriage contract all the clauses were valid and the witnesses were the lawyer himself and his partner. But I was not present because circumstances did not allow that, and it was essential that the matter be done so the marriage contract was done without me being present. Because we trusted the lawyer and he trusted us. When my husband brought the marriage contract we put our hands on the Holy Qur'aan and exchanged vows of marriage according to the laws of Allaah and His Messenger and according to the madhhab of Imam Abu Haneefah, and we lived as man and wife until my husband travelled.
My question is: is what happened halaal or haraam? Because I have started to get worried and I am afraid that what happened was not done properly, because I was not present and the witnesses did not hear me.
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Praise be to Allaah.
Firstly:
We are very upset to hear of the Muslims toying to such an extent with the marriage contract which Allaah calls“a firm and strong covenant” [al-Nisa’ 4:21].
We are astounded by this audacity in transgressing the sacred limits of Allaah.
Would this lawyer or the husband or the witnesses agree for his daughter or sister to be married in such a way, without his knowledge or consent?
We do not think that anyone who has any kind of manhood or decency would accept that for his daughter or sister, so why would they accept it for the daughters of other people?
Moreover, with regard to these witnesses, what did they witness? The wife was not present, and they did not hear from her or from her guardian that she agreed to this marriage. It is not permissible for a witness to bear witness to anything but that which he knows. As for the lawyer or anyone else simply being trustworthy, that does not make it permissible for them to bear witness to something that they do not know.
Secondly:
The marriage contract done in this manner is not valid, because it is not valid for a woman to give herself in marriage, rather it is essential that her guardian (wali) be present and give his consent. The Prophet (peace and blessings of Allaah be upon him) said: “There is no marriage except with a guardian.” Narrated by al-Tirmidhi (1101); classed as saheeh by al-Albaani inIrwa’ al-Ghaleel(1893).
And the Prophet (peace and blessings of Allaah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by al-Tirmidhi (1102), classed as saheeh by al-Albaani inIrwa’ al-Ghaleel(1840).
Your saying that the marriage was done in accordance with the madhhab of Abu Haneefah does not alter the ruling in the slightest, because the opinion of anyone does not outweigh the words of the Messenger (peace and blessings of Allaah be upon him), and the Messenger (peace and blessings of Allaah be upon him) ruled as you know, that a woman cannot give herself in marriage and that the marriage of one who gave herself in marriage is invalid.
Shaykh Ahmad Shaakir (may Allaah have mercy on him) said some very important words about this matter:
What no one among the scholars doubts is that the hadeeth “There is no marriage except with a guardian” is a saheeh hadeeth, which is proven by means of an isnaad which almost reaches the level of mutawaatir. This is the view of all the scholars, which is supported by the Qur’aan, and no one disagreed with that –as far as we know – except the Hanafis and those who followed them. The early ones among them may be excused, as it may be that the hadeeth did not reach them at that time with a saheeh isnaad. As for the later ones among them, they fell pray to sectarianism and tried hard to prove the reports weak or misinterpret them without any proof.
And now we can see – in many of the Muslim lands which follow the Hanafi madhhab with regard to this issue – the destructive effects of this view on morals, manners and people’s honour, which means that most of the marriages of women who got married without their guardians or in spite of them, are invalid according to sharee’ah, which means that their children are illegitimate.
I urge the Muslim scholars and leaders in every land and region to re-examine this serious issue and return to that which was enjoined by Allaah and His Messenger, which is the requirement of a wise wali in the marriage, so that we will avoid many of the dangers to which women are exposed, because of their ignorance and rashness, and their pursuit of false freedoms, and their following their whims and desires, especially the misled ones among them, the educated class, which fills our hearts with sorrow and grief. May Allaah guide us to the laws of Islam and grant us a good end. End quote.
Mukhtasar Tafseer Ibn Katheer(1/286).
Based on this, the marriage that took place between you is not valid, and the way to make it valid is to do a new marriage contract in the presence of your wali and two witnesses.
We ask Allaah to set your affairs straight.
And Allaah knows best.















Monday, January 15, 2018

Comedy

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