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Saturday, February 15, 2014

For children, - Ubudiyah: Being a True Slave of Allah (SWT)









O you, who have believed, enter into Islam completely [and perfectly] and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy. Noble Qur'an (2:208)
Al-Ubudiyyah comprises the servitude and slavery of the heart, tongue and limbs to Allah (SWT). The slavery of the heart includes both the Qawl (saying of the heart) and Amal (actions of the heart). So, Al-Ubudiyyah is a comprehensive term that asserts the meaning of the ayah:
"You Alone do we worship and You Alone do we seek for Help." Noble Qur'an (1:5)
Every person must have an ultimate aim in life which is the focus of his love and will. If a person does not have Allah (SWT) as the focus of his love and will, he will inevitably be enslaved by something else, whether it be his own pride, arrogance, wealth, power or something that he takes as a god instead of Allah (SWT). The heart cannot be sound or succeed or find joy or be happy or feel pleasure or be good or be at peace or find tranquility, except by worshipping its lord, loving Him and returning to Him.
Following Sultan Mahmood Ghaznavi and slave Ayaz Stories illustrate the true meaning of Ubudiyah: Being a True Slave of Allah (SWT).
There was once very cleaver slave called as Ayaz. He had an owner, who was wealthy merchant. But due to some mistake in business, this wealthy merchant becomes bankrupt. He has to sell all his belongings until he had nothing left except his slave Ayaz. Still he is in huge debt. Slave Ayaz suggested a solution to problem of finance facing by his master. That is, take me to slave market and sell me for a very high price. His master said, this is not the real solution to problem of finance, because nobody will going to buy you for a very high price. I know for sure my debt is huge then your own value.
So Ayaz suggested his master to sell him for a price of one million dirhams, but his master refused by saying nobody will going to buy you for one million dirhams. Again Ayaz insisted his master to sell him for a price of one million dirhams because he has some special quality in him which other slaves in the market don't have. His master says, I know that you are not young, strong or handsome. So what is that special quality you are talking about? Ayaz says, tell your buyers that Ayaz knows how to be a slave. That is Ayaz knows what the meaning of Ubudiyah is.
The owner of Ayaz think for a while and says, it worth a try. Then he took Ayaz to slave market and announces that he is selling Ayaz for one million dirhams. Everyone start laughing at him because in those days a slave was not worth more that 200-300 dirhams. It was something new so everyone start talking about it and the news reached the palace of Sultan Mahmud of Ghazni.









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Friday, February 14, 2014

Fathwa, - She took Khul’ without returning the dowry to her husband













Question
Hi, I have a query that I wonder if you can help me with. My brother had a nikah in 2009 and the marriage was not registered. A year later his wife returned back to her parents house taking all her belongings with her including all the wedding jewellery given to her, prior to this she had told my brother that she had taken the jewellery to a safe deposit box in a bank for safe keeping. Last year my brother received a letter from the Islamic Sharia Council saying that his wife had requested a khula, upon my understanding if the woman has requested a khula then she is required to return all her dowry and items given to her by her husband in order for the khula to be obtained. So after my brother requested for these items back his wife is now claiming that she had left the jewellery at the marital home and did not take it with her, and after many months of dispute the council have decided to dissolve the marriage even though she has not returned the dowry. Is is possible for the council to make this decision given the situation and is there anything my brother can do? Any help will be appreciated. Many thanks, Annekha
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.
If the conditions and pillars of marriage are fulfilled in a marriage, then it is valid and it takes effect even if it is not registered. Registration is but an additional matter in order to preserve the rights and it has nothing to do with the essence of the marriage contract. For more benefit on the conditions of a valid marriage, please refer to Fatwa 83629.
Moreover, it is not permissible for a wife to ask her husband for Khul’ without a sound reason. If such a reason exists, then it is desirable for her husband to accept her request.
Khul’ has its conditions so that it becomes valid among which is that it should be in return for a compensation upon which both parties agree. For more benefit, please refer to Fatwa 122890.
In principle, Khul’ should be with the consent of both parties but sometimes it may not meet this principle like when it is not possible to reconcile between the two parties, in which case, the arbitrators may separate between them according to some details which the scholarsmentioned. Also, the Islamic judge may rule divorce against the will of the husband in some cases.
As regards the authority which you mentioned in the question and which ruled Khul’ as you mentioned, then if it is a reliable Islamic authority, then in principle, it should not rule Khul’ unless it finds what necessitates it and unless it was appointed by the judge to act on his behalf or that it is in a country where there is no judge. So, we advise your brother to consult this authority and investigate its reality.
Allaah Knows best.






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Fathwa, - Rulings of Khul’


















Question
asslam o alikum i am married and i took khula from my husband i was not agreed to take it nor he has such wish. my family forced him to give khula. my uncle write that paper and forced him to sign it. now he says i did not left you and i also wants to go back to my husband he didnot spoke those words to me which i dont like to even write he was weeping in doing that now i am at my parents home is it right that i am divorced or not my family was threatening him if you will not do this we will kill you and so many. now people says that i am divorced but he still thinks me his wife and want to take me back.
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.
In principle Khul’ )divorce initiated at the behest of the woman( is not permissible except with the consent of both spouses as it is the woman who gives the money ]compensation[ and it is not permissible to force her to give her money in Khul’ without any sound reason. In addition to this, it is the husband in whose hand is the marriage bond, so it is not permissible to force him to leave his wife without any sound reason. Therefore, this is the principle but this principle might be changed sometimes for a sound reason.
On the other hand, threatening with killing and similar matters by those who are believed to carry out their threat is considered as a coercion that makes divorce or Khul’ not effective as clarified in Fataawa 162993and 154947.
Hence, the above is our answer in general, as regards your case, a mere Fatwa is not enough as there are matters and accompanying circumstances that must be investigated. So, one must ask the scholars orally about the issue.
Allaah Knows best.

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