Fathwa, - His wife has a mental disorder that..

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I have married on 2nd june 2013,after that i observ she is sufferon from mental problem for last 10 years but her parents suppress the fact before begin matrimonial negotition.her behaviour is not tolerable. As she is suffering from mental disorder. I feel i cannot continue my life with her.doctor also not give any assurance regarding her cure.p
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, we ask Allaah, The Almighty, to heal your wife and take away her illness, for He is the Healer, besides Whom there is no healer. We advise you to always ask Allaah to heal your wife from any affliction, for He responds to the supplication of the desperate person and removes harm. Allaah, The Almighty, says )what means(: }Is He ]not best[ who responds to the desperate one when he calls upon Him and removes evil and makes you inheritors of the earth? Is there a deity with Allaah? Little do you remember.{ ]Quran 27:62[
We also advise you to seek treatment for her. One of the best means of treatment is the Ruqyah, which Muslims often neglect. For more benefit, please refer to Fataawa92491,88660and82918.
If her illness is just a mental deficiency and does not reach the degree of insanity, then her guardian is not liable for concealing it, and you do not then have the choice of annulling the marriage. However, her guardian should have told you about her condition to avoid any causes for dispute.
On the other hand, if her illness reached the degree of insanity, then you have the choice of annulling the marriage, because insanity is one of the physical defects that are grounds for either spouse having the choice of annulling the marriage.Ibn Al-Qayyimstates inZaad Al-Ma'aad:“Ash-Shaafi‘i and Maalik said that marriage may only be annulled on grounds of insanity, vitiligo )skin depigmentation(, leprosy, a blocked vagina, a severed penis or impotence.”]End quote[
It is a condition for the right of annulment that the husband did not know of the defect at the time of the marriage contract, and did not accept it when learning the facts.
Finally, if it is easy to get treatment for your wife, then all praise be to Allaah, The Almighty; and if not, then you can marry another one if you are able to be fair and fulfill your obligations towards both wives. But if you cannot marry another with her, then you can divorce her and marry another. Divorce is permissible, especially if there is a need for it.
Allaah Knows best.

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Fathwa, - Marriage in Sharee'ah court is vali..

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My cousin is an associate professor and his age is 50 years, He did court marriage in Pakistan with a 27 years old girl. But the problem is that now the father of a girl says your marriage is not valid because court marriage is haram, you have not seen the witnesses and your wali`s )the father( acceptance was not in the marriage. But the thing is that according to her, her father is not good person, who do not pray, and fast. She says once her mamoo )maternal uncle( raped her sister still her mother did not say anything to his brother, rather she blasted on her sister, and because of that she became a psycho. She )the girl who did court marriage with y cousin( was in the hostel, her parents did not paid attention to her, she wanted a good religious person, but her parents wanted her to marry the person of their choice who is rich. the question is that is this type of court marriage valid? when the girl knows that her parents are not religious and will not let her marry a religious person? and they do not pay attention to her. She signed a blank paper of nikah but when it was filled she read and changed the mahr from 25k to 125k. She did not even saw the witnesses of nikah )note the witnesses saw her picture and they witnesses for the nikah(. after some months of this nikah her father said now i agree that this nikah took place and i wholeheartedly accept this person, and they said to the daughter that come back to home we will do rukhsati, when she came back they refused to give her back. both the husband and wife are now worried what to do. her parents continuously say that your nikah is not valid and you are a zaaniya. they are forcefully making her agree that you have to take khula. She and my cousin want to know what to do now? is their nikah valid in this type of situation? please answer because this is the matter of their life, they both are in a big trauma.
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.
If the father of the woman refuses to let her marry someone who is compatible with her, then he is preventing her marriage without justification )which is called 'Adhl in Islamic law(. Thus, if a Muslim judge gives her in marriage to that man, the marriage is valid in such condition. For more benefit, kindly refer to Fataawa84405and90689.
For the attestation of the marriage contract, it is not a condition that the witnesses see the woman or that she sees them; rather, it is sufficient that the witnesses attend the contract session and hear the exchange of 'Eejaab and Qabool )proposal and acceptance( from the two parties involved.
It is worth noting that the Mahr )i.e. the dowry( named at the time of the marriage contract is what is legally binding.
Allaah Knows best.

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Islamic Ideology, Nafs

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Knowing one's self:Before we talk about practical solutions and life's experiences relative to "shaping one's self," we must know our Nafs (Nafs is an Arabic word meaning self) and find out in what way we can re-shape, train, nourish, and transform it from its lower position to a higher level of existence.
We are aware that there are various orders and systems in the world and each one has defined man and his Nafs in its own way. One of these systems in our age is the materialist order of Marxism which has engulfed half of our globe and ideologically it has seriously clashed with our Islamic ideology. Marxism has simply defined man as an animal.
Physiology and Biology:In Marxism man is like an animal who conducts his activities solely for the sake of his enjoyments; there is no spiritual beyond this existence. Even those Marxists who try to bestow a 'spirit' on man simply resort to a definition of him as a material phenomenon; a definition which is rejected by us. Stalin, one of the leaders and ideologues of the Marxists had a popular saying; "Man's perceptive activities revolve around his personal (material) gains." Thus with such a definition man's Insaniat (humanity) and his Nafs come to a halt.
We pass all other schools and come to the Divine school in which we come across two kinds of human beings; man made of mud and Insan made of the Divine essence. And man's goal in this life is to go through an evolutionary cycle in order to become transformed into a Divine like Insan; namely, to create a gigantic leap in man. In order to accomplish this task we run across the Divine school which extends from minus infinity to plus infinity.
In order to know man Islamtakes three distinct levels into consideration;Jism (body, physique),
Nafs (personality, character), and
Rooh (soul, spirit).
Namely, in one of the philosophical outlooks of Islam, man is composed of three parts;Jism,the physique which is of material substance and we deal with it in physiology and biology. Thus our bodies are known to various systems and as far as these scientific areas are concerned Islam has no disagreement with anyone.
Nafs:Nafs in man is the totality of sentiments, tendencies, desires, wishes, experiences, and our heredity characteristics; in short, it is man's personality.
What creates a difference between one man and another is Nafs rather than Rooh. It is man's Rooh which transform and evolves.
Rooh:Based upon the Qur'anic verse; "They ask thee concerning the spirit (of inspiration). Say The spirit cometh by command of my Lord: of Knowledge it is only a little that is communicated to you, (O men!)." (Holy Qur'an 17:85) This verse teaches us that the spirit is an 'Amr' i.e. the work of Allah. In other words, it is a created thing, not self-existent. The Holy Qur'an does not go beyond telling us that. It does not tell us the nature of the spirit. However, just like our ignorance of the nature of electricity or magnetism does not prevent us from taking full advantage of these wonders of creation, we can advance ourselves spiritually by taking full advantage of the functions of the spirit.
Rooh is something which descends to man from God and we interpret it as our 'inside Prophet' namely, it is a representative from the Lord inside Insan. And this what is interpreted as 'Gabriel' in the case of the Prophet as was the Holy Spirit in Jesus (pbuh). It is the relationship of God with man that appears under various names in different Prophets. This spirit is clean and innocent and it cannot err. Rooh never appears in plural form in the Holy Qur'an(although common men have pluralized it; 'Arwah') since it is a single reality. So there is no difference between your soul and my soul, the two of them 'is' a reality like the sun which radiates its, light upon all men. While the plural of Nafs is Anfos (or Nafus). And when and entire group of people get killed we say; "Their Nafus died rather than their Arwah," since the latter, being God's manifestation, cannot be killed. Where man develops the capability, aptitude, and the worth to discover Rooh, he will be aided by the latter. And when a disease attacks and the body and Nafs loose their natural balance Rooh falls into disuse and cannot establish relationship with man.
What distinguishes one man from another is Nafs which contains our personalities. And in our opinion the part of us which is responsible in front of the Lord in the final day is the Nafs of each of us. And it is Nafs which errs not the Rooh. The body is not that important since it is in constant process of change and transformation. However, what we believe to be the essence of man was placed in the Nafs, and it is Nafs which will be interrogated in the last day.
In order to talk about the shaping of one's self we must concentrate upon the analysis and examination of Nafs. Once we reach this stage we come right across the sacred Islamic school and we are proud that Islam has conducted in-depth and extensive analysis in this area unparalleled in any other school or system.
In the Holy Qur'an and in the vernacular of our theosophists seven stages have been predicted for Nafs. Namely, from the onset of its evolutionary journey to becoming God-like, Nafs must pass through seven different stages. The seven levels (Nafs) are as follows:
1) Ammara (Nafs-e-Ammara / Commanding Soul):There are various verses in the Holy Qur'an relative to the existence of this kind of Nafs. This Nafs commands us to commit sin. It is lower than animals because they behave according to the demands of nature. When a lion or tiger devours another animal it is because it needs food. And once an animal is full it does not pursue another animal, while a man is capable of swallowing the whole world and still be hungry. Man can kill thousands and still long for more blood. There are lots of factual accounts which are indicative of the existence of Ammara, one of whom was the late Shah of Iran; the more he killed the thirstier he became and the more he stole the greedier he got. Saadi, the famous Iranian man-of-letters recounts the story of Mahmoud Shah Ghanzanavi who was at the threshold of dying but he would not die. Eventually he commanded that his royal jewels be mounted on mule backs so the caravan could pass in front of his eyes. Once this was done, he died comfortably. These are a few samples of men who became so degraded that they sank lower than any animal. Man tramples upon his nature and behaves relative to the demands of his desires and whims for which there is no limit. In short, Ammara is lowest of all the Nafs and Dr. Shariati has compared it to mud.
"Nor do I absolve my own self (of blame): the (human) soul is certainly prone to evil, unless my Lord do bestow His Mercy: but surely my Lord is Oft-forgiving, Most Merciful." (Holy Qur'an 12:53)
Imam Ali (as) has said that: "The Nafs is like a wild horse and you are riding upon him, if you move your attention for one second, he will throw you off." "The restraining the soul (or self) from its appetite is the greatest holy war." Here, Imam Ali (as) is referring to the Nafs-e-Ammara.
Bade Moozi Ku Mara, Nafs-e-Ammara Ku Gar Mara Nahang o Azdaha o Sher-e-Nar Mara To Kya Mara?
2) Lawwama (Nafs-e-Lawwama / self-accusing soul):This word is derived from 'Lom' which means to 'reproach.' At this stage Nafs reaches a point that if it commits a sin its conscience wakes up and criticizes the doer. This is the first indication that man's Nafs is wakening up and perhaps most men in the world are at this stage. When common men commit a sin they awaken and become sorry and sad. It is this self critics that forces some criminals to give themselves up (or it allows the psychologist to find them). Nay! I swear by the self-accusing soul. (Holy Qur'an 75:2)
3) Agheleh:At this stage Nafs posses the power of thinking and reflection and so, it bases its actions upon logic and thinking and does not fall prey to extremes of sentiments, rage, whims, and fleeting desires; it calculates. Not too many people reach a stage where they can ponder over the consequences of their own behavior before acting.
4) Malhama (Nafs-e-Malhama / Inspiring soul):Malhama is derived from Elham (inspiration). The person who reaches this stage receives inspiration from the Lord. Namely, he is so virtuous and devout that he has developed the aptitude to accept the Lord's inspiration. God's light shines upon all, but this particular Insan at this stage is capable of absorbing the Divine's light and comprehends it.
There are beautiful definitions for Elham and Wahy (inspiration) which must be clarified at this point. Elham is from low to high, while Wahy is from high to low. Specifically, in Wahy God establishes communication with man, while in Elham Insan establishes communication with God. Of course, Elham depends upon the extent to which a personality has evolved while Wahy is not subject to such rule; it is God's command that descends to man. And since Wahy is from the Lord, it is absolute and perfect and there is no doubt in it because He wants man to receive the message in it entirely. However, this is not true about Elham which is always incomplete since it depends each man's aptitude and personality. The stronger and more perfect man is, the more perfect will be his Elham. But since men are not perfect, often times Elham appears as lightning in the sky in a dark night, so quick that man gets a chance to perceive the truths very briefly.
5) Mutmainnah (Nafs-al-Mutmainnah / satisfied soul):At this stage Nafs reaches the stage of certainty; it will neither collapse nor will it retrogress. It is sure of its evolutionary cycle and its meeting with the Lord. It can commit a fault or sin but it is so ahead that it is certain it will never backslide.
"O you Tranquil Soul, return to Your Lord, well pleased, and well-pleasing unto Him! Enter you, then, among My devotees! Enter you My Heaven!" (Holy Qur'an 89:27-30)
This is the stage, which is the goal of this life. To reach the stage of total contentment with Allah (SWT). To commit no sin knowingly and to take pleasure in doing good acts. It is this soul, which was called on the day of Ashura, when Imam Hussain (as) put, down his sword and heard the voice saying "Oh soul that is content! Come back to your Lord, well pleased (yourself) and well pleasing to Him."
6) Raziyah:This is derived from satisfaction. In its evolutionary cycle Nafs reaches a degree that becomes satisfied with its own position.
7) Marziyah:At this stage not only Nafs is satisfied with itself but also the Lord almighty is satisfied with it too. Now Nafs is a lover of the Divine. This is the last stage in our Islamic theosophy in the Nafs cycles. There are many verses which contain various Nafs I discussed here.
What I want to mention here is that from the Qur'anic Point of View, Nafs (from Ammara to Marziyah) requires an evolutionary cycle and man must discipline himself for this evolution. We know when a Nafs has reached the Marziyah stage it will share some of the attributes of Rooh. However, I emphasize that Nafs is different from Rooh; the former has a corporeal condition while the latter is abstract. Thus, the two are not of the same essence. Further, Nafs is a kind of energy which is equivalent to matter subject to physical lava. Matter is the condensed form of energy, so the internal psychological stimulations such as actions reactions, sentiments and feelings are all forms of energies equivalent to matter. We can say that Nafs has a material tendency.
Rooh is God's behest; it is His knowledge and His power and it is conscious of the past and the future. Therefore, Nafs in its evolutionary journey becomes live Rooh and establishes communication with the Lord and becomes a part of His manifestation. At this stage we can say that Insan has become a God-like, By this I do not mean that Insan is God, rather he radiates God's manifestations. God has one thousand and one attributes such as Jamal, Kamal, Rahman, Rahim, Elm... When such attributes appear in man, he becomes God-like or His viceroy on earth. If God is wise man becomes wise and if He is powerful, his vicegerent becomes powerful also. At this stage there is constant communication between Insan's Nafs and his Rooh and anytime he wishes he can establish communication with the Lord through his Rooh, ask for advice and seek answer to his inquiries. At this level nothing will remain vague and insolvable to Insan.
Imam Ali (as)said: Surely God has characterized the angels by intellect without sexual desire and anger, and the animals with anger and desire without reason. He exalted man by bestowing upon him all of these qualities. Accordingly, if man's reason dominates his desire and ferocity, he rises to the station above that of the angels, because this station is attained by man in spite of the existence of hurdles which do not vex the angels.

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