IOU Assignments- informations., Islam

Kibr-A Barrier for the Student of Knowledge

KIBR- A Barrier for the Student of Knowledge

Bismillahir Rahmaanir Raheem

 

Refined manners suit a student of knowledge. Etiquette of a student of knowledge includes :

 

  • Forbearance: that he is not reckless or quick to retaliate
  • Abstinence
  • Patience with common folk
  • Submission to truth and
  • Expecting reward from Allah alone (Ibn Uthaymeen).

 

Whoever Allah wishes good for, He gives him knowledge of deen. Therefore, students of knowledge must acknowledge this blessing (Muhammady, 2015)

 

Lower your wing of humility to Allah

A person setting out to gain knowledge should know that it is a form of worship. His heart must be flood with desire of gaining Allah’s pleasure and humble submission towards Him. This, will make him amongst the honorable ones in both worlds (bin-Baaz, 2014). Slightest pride leads to rejection of worship (Ibn-Hanbal, 2014).

 

In a narration of Abu Dawood, Prophet (salallahu alayhi wasallam) states that a person who seeks knowledge for materialism rather than to see the face of Allah shall not smell the fragrance of paradise.

 

Kibr that openly opposes and negates Eemaan results in the banishment of the one who holds it from entering al-Jannah as is found in Allaah’s statement:

“And your Lord said: “Invoke Me, I will respond to your (invocation). Verily! Those who scorn (yastakbiroon – Have kibr) My worship, they will surely enter Hell in humiliation!” [Surah Ghaafir: 60]

A form of humility before Allah is to fear him and establish Tawheed. Allah promises the muttaqeen forgiveness and great reward. Some salafs termed fear of Allah as absolute knowledge. Ibn Masood (radiallahu anhu) stated that fear of Allah suffices as ilm whereas absence is sufficient ignorance. Possession of ilm is proportional to taqwa. Indeed, Prophet (salallahu alayhi wasallam) was the most fearful of Allah with the maximum taqwa (Bukhari).

 

 

Make du’aa for ‘ilm:

Allah promises that He will respond to calls of his servant. To the lowest heaven He comes each night in the last one-third to respond to our supplications (Bukhari)

 

Ibn Tayyimah used to supplicate by pleading, ““O teacher of Ibraaheem, teach me! O educator of Sulaymaan, grant me understanding!”.

 

Allah commanded Prophet (salallahu alayhi wasallam): “…and say:, ‘My Lord! Increase me in knowledge’” (TaHa, 114). Even Ibrahim (alayhis salam) made dua for ilm and righteousness (Ash-shuara, 83).

 

Lower the wing of humility to creation

The ulama are the inheritors of knowledge from Prophets. Humility before them is essential. Allah warns us how Shaytaan works from all directions to make us amongst the thankless (Al-Araf, 17). 

 

Kibr is a disease of tyrants (Ibn Uthaymeen). Arrogance and tawheed cannot harvest in the same soul. Feeling superior for performance of any act of worship represents lack of taqwa and understanding of Allah’s asma was-sifaat. We are reminded of how Qarun, when boasted about being wealthy owing to his ilm, was swallowed by the earth under Allah’s command (Al-Qasas, 76-78).

 

A kind of kibr is to despise the people, and to look down upon them. This attitude arises when a person is amazed with his own self, thinks highly of himself, and thinks he is better than others. So this causes him to have kibr towards the creation, despise them, mock them, and to degrade them through both speech and action (As-Sa’di). Allaah’s Messenger sal-Allaahu ‘alayhe wa sallam said:

“It is enough evil for a person to despise his brother Muslim.” (Sahih Muslim)

 

A true student of knowledge has reverence of Allah’s greatness and knows nobody can match it. Thus, he mellows down knowing that our esteem comes from none than other Allah(Ibn-Khamis).

 

 

Humility of Scholars

Abu Bakr (radiallahu anhu), the best man after Prophets, made du’aa that Allah makes him better than what people perceive him to be, that Allah does not make him accountable for their words and that he is forgiven for things they are not aware of. This du’aa swelled Shaikh Albanee when he was praised by a brother and he broke down saying that he was merely a student of knowledge (Abu Yahyaa).

 

Abdullah ibn-Umar (Radiallahu anhu) was renowned for his knowledge and piety. He was always cautious of what came out of his tongue. He narrated hadiths of Rusool Allah only if he was confident of remembering every bit of it

 

Musab bin Umayr (radiallahu-anhu), was from an affluent family but his humility reflects when he chose to give up his wealth for imaan. The Prophet (salallahu alayhi wasallam) chose him to be the first ambassador of Islam, to Yathrib. When the chief of the tribe came with fury to shoo them away, Musab instead of retaliating, humbly offered him to listen. He suggested that he may leave if he does not like what Musab and the Prophet had to say. It was a result of this poise, that the chief along with Sa’ad bin Muad and the entire tribe accepted Islam

 

The four imaams have been known to not treat their words are the final line. Imam Hanifa, did not allow his students to write down his teachings lest he may change his opinion in future. Imam Malik was wary of making his jurisprudence the law of the state during Umayyid dynasty. Nor did he ever haste to speak on matters he had no knowledge of. Imam Sha’fie also gave in to the fact that there will be many hadith that will be known after him. Thus, he gave preference to the word of Prophet (salallahu alayhi wasallam) as well. 

 

The Prophet (salallahu alayhi wasallam)

Allah (azza wajal) commanded Prophet (Salallahu alayhi wasallam) to lower his wings and show his gentleness to the believers (Ash-Shuara, 215).

 

The Prophet (salallahu alayhi wasallam) was an epitome of humility. We have narrations where he would sit on the ground, lick his fingers after eating and ride donkeys. He established being humble as his sunnah and who is a better muslim than he who follows the sunnah of Rusool Allah.

 

He (salallahu alayhi wasallam) would walk down to meet those who were sick. His heart would melt to see the impoverished in distress. So much that he addressed to treat slaves as brothers put under our control by Allah. Kids would climb upon him when he would pray and he would be patient. When he sat with his companions, he looked like a commoner such by-passers had to inquire who Muhammad was from amongst them.

 

He (salallahu alayhi wasallam) prayed the salah of janazah for a destitute black woman who looked after the mosque. He would accept the most meager invitations and would greet children. A freed slave-woman wanted to divorce her slave-husband trespassing the Prophet’s advice and Rusool-Allah accepted her choice.

 

He would not hesitate to move dust and do works of labour with those lesser in status so as to help them. He (salallahu alayhi wasallam) ate as the servant ate, he sat as the servant sat. That was how he address himself as- a servant. 

 

CONCLUSION (Kibr- A barrier to Paradise)

 

From ‘Abdullaah Ibn Mas’ood radi-Allaahu ‘anhu who related that Allaah’s Messenger sal-Allaahu ‘alayhe wa sallam said:

Whoever has an atoms worth of kibr (pride) in his heart will not enter Paradise.” So a man said: What about a person who loves (i.e. takes pride in) wearing beautiful clothes and beautiful shoes? So he replied: “Indeed Allaah is beautiful and loves beauty. Kibr (pride) is to reject the truth, and to despise the people.”

 

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IOU Assignments- informations., Islam

Look Before You Leap

Bismillahir  Rahmaanir  Raheem

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Taqleed  is  when  a  person  is  followed  such  that  every  act  and  word  of  him  is  blindly obeyed.It  is  irrespective  of  the  fact  whether  the  person  so  followed  is  worthy  of  being  idolized  in  such  manner  (Al-Fawzaan,  2014)

 

Allah  says  in  Surah  Az-Zukhruf  that  whenever  a  messenger  was  sent  to  any  town,  the  affluent  always  rejected  the  message  under  the  pretext  of  obeying  the  creed  of  their  forefathers  blindly.  It  has  been  mentioned  repeatedly  in  the  Qur’an  to  signify  that  blind  following  has  been  a  tradition  amongst  the  people  of  jahilliyah.

 

 

WHEN  IS  TAQLEED  PERMISSIBLE?

 

When  the  methodology  of  taqleed  is  applied  positively,  it  may  take  two  forms-  as  ittibaa  (following)  and  iqtidaa  (taking  example).  It  is  mentioned  in  Surah  Yusuf  that  Yusuf  (alayhis  salam)  said  that  he  follows  the  religion  of  his  forefathers  –  Ibraheem  (alayhis  salam),  Ishaaq  (alayhis  salam)  and  Yaqoob(  alayhis  salam).  He  thereby  declared  his  faith  in  Allah  as  the  only  one  worthy  of  being  worshipped  (Yusuf,  38).  

 

There  are  two  types  of  taqleed–  

  1.  General:  This  is  when  a  person  follows  the  madhab  of  an  imam,  accepting  every  ruling  of  it.  Some  scholars  say  it  is  obligatory  for  a  person  who  is  incapable  of  doing  ijtihad.  While  others,  like  Ibn  Tayyimah,  declare  it  to  be  prohibited  since  it  leads  to  taqleed  of  an  imam  in  matters  of  religion  other  than  the  Prophet  and  this  is  against  the  ijmaa.

    Shaikh  Ibn  Tayyimah  said  that  a  person  choosing  to  obey  certain  things  from  a  madhab  and  then  going  against  its  ruling  without  any  evidence  from  shari’ah  is  a  person  who  follows  his  desires.  Whereas,  it  is  obligatory  upon  a  person  following  a  madhab  to  reject  the  ruling  of  his  madhab  if  he  finds  an  evidence  in  shari’ah  or  a  ruling  of  a  more  knowledgeable  scholar.

  2.  Specific-  It  is  when  a  person  capable  of  doing  ijtihaad,  does  taqleed  of  a  more  knowledgeable  person  on  a  specific  matter  due  to  his  inability  to  derive  a  conclusion.

    Ibn  Uthaymeen  said  that  a  grave  mistake  that  people  make  is  when  the  words  of  Rusool  Allah  (salallahu  alayhi  wasallam)  is  told  and  they  oppose  because  their  leader  gave  a  view  otherwise.  Wherein,  Allah  asks  us  in  the  Qur’an  what  response  we  gave  to  the  words  of  Rusool  Allah  (salallahu  alayhi  wasallam)  and  not  to  the  words  of  any  other  imam/  scholar.  If  the  scholar  made  the  statement  bona  fidely,  then  we  must  make  dua’a  for  his  forgiveness.  However,  we  cannot  declare  any  person  to  be  infallible  and  use  his  words  as  an  evidence  against  the  words  of  Rusool  Allah  (salallahu  alayhi  wasallam).

 

 

WHETHER  DENIAL  OF  TAQLEED  AMOUNTS  TO  KUFR:

 It  is  important  that  we  differentiate  between  taqleed  (blind  following)and  ittibaa  (reasoned  following).  We  know  that  Prophet  (salallahu  alayhi  wasallam)  mentioned  that  the  generation  of  sahabis,  the  tabi’een  and  tabe-tabi’een  to  be  the  best  (Muslim,  6153).  However,  Ibn  Abbas  (radiallahu  anhu)  said  that  except  the  Prophet,  we  cannot  take  from  someone  everything  he  says  about  religion  (Imam  Ahmad)

Therefore,  we  must  not  even  obey  earlier  interpretations  blindly.  To  follow  a  particular  imam  or  leader  blindly,  despite  seeing  errors  is  forbidden  and  the  guilty  is  to  be  severely  criticized.  It  has  been  reported  that  Ibn  Abbas  (radiallahu  anhu)  severely  rebuked  the  people  when  they  gave  preference  to  the  opinion  of  Umar  and  Abu  Bakr  (radiallahu  anhum)  which  was  opposed  to  the  hadith  of  Prophet  (salallahu  alayhi  wasallam)  of  joining  the  Umrah  with  the  Hajj  (at-tamattu).  He  cursed  them  that  stones  would  shower  from  the  sky  on  them  (Ibn  Abdul  Wahhab).

 A  person  who  does  not  have  knowledge  of  religion  cannot  be  looked  up  to  as  a  role  model.  A  person  who  comprehends  and  is  on  the  straight  path,  is  one  worthy  of  being  idolized.  Blind  following  is  a  form  of  fanatical  attachment.  Allah  says  in  Surah  Luqman,  verse  21  that  the  devil  invites  us  into  hell  fire  by  tempting  us  to  follow  the  creed  of  our  forefathers  who  were  neither  guided  nor  did  they  understand  anything.  All  they  have  as  proof  for  their  deeds  is  that  their  forefathers  did  the  same  (Ibn  Katheer)

 Allah  says  in  the  Qur’an,  “ask  the  people  of  knowledge  if  you  do  not  know”  (An-Nahl,  43).  The  ahlul-dhikr  mean  the  people  of  knowledge.  A  muqallid  is  not  considered  to  be  amongst  the  ahlul  ilm.  The  scholars  agree  that  there  are  those  who  are  ignorant  and  incapable  of  comprehending  evidence.  Taqleed  is  for  them.  Those  who  can  search  for  evidence  are  not  counted  amongst  them.  The  intelligent  ones  can  logically  deduce  evidence.  (Ibn  Uthaymeen)

 The  four  imams  have  been  known  to  declare  their  affiliation  to  the  Qur’an  and  sunnah  (Philips,  1990).  Imam  Shafi’e  went  to  the  extent  of  elaborating  that  everyone  including  him  unknowingly  skips  certain  sunnah  of  Allah’s  messenger  (salallahu  alayhi  wasallam),  therefore  there  are  bound  to  be  rulings  made  by  him  that  will  be  contrary  to  the  rulings  of  Prophet  (salallahu  alayhi  wasallam).  In  such  a  scenario  the  ruling  of  Allah’s  messenger  (salallahu  alayhi  wasallam).will  be  his  ruling  

 This  is  evidence  to  the  fact  that  all  four  imams  were  against  blind  following.  They  gave  preference  to  Qur’an  and  Sunnah  over  their  saying.  Allah  says  in  the  Qur’an,  “Follow  what  has  been  sent  down  to  you  from  your  Lord;  and  do  not  take  any  Awliya  besides  Him.  Little  do  you  remember![Al-A`raaf,  3].  This  implies  that  we  must  follow  and  imitate  the  Prophet  (salallahu  alayhi  wasallam).who  brought  us  the  revelation  from  Allah.  Disregarding  him  and  following  someone  else  will  lead  to  being  misguided  (Ibn  Kathir).  It  is  thus  important  that  a  man  with  logic  must  ponder  and  investigate  about  those  from  whom  he  takes  ‘ilm.  

 Keeping  the  above  evidences  in  mind,  we  may  deduce  that  taqleed  is  not  permissible  as  a  general  rule.  The  only  exception  being  when  a  personal  analysis  (ijtihaad)  is  not  possible  to  make  due  to  lack  of  resources  or  on  matters  not  directly  available  in  Qur’an  and  Sunnah.  The  statement  in  question  is  therefore  incorrect.

 Imam  Ahmad  however  quoted  that  for  matters  where  taqleed  is  done  until  evidence  reaches  them,  a  person  is  not  blameworthy.  Rather  those  who  reject  the  truth  in  favor  of  taqleed,  despite  being  presented  with  evidence,  must  be  rebuked.

 

CONCLUSION

 Allah  warns  those  who  oppose  the  Messenger’s  (salallahu  alayhi  wasallam).commands  that  a  fitnah  will  befall  upon  them  (An-Noor,  63).  The  fitnah  implies  that  they  will  be  afflicted  with  shirk  or  will  be  struck  by  hypocrisy  or  innovation  (Ibn  Katheer).

 When  people  are  called  to  obey  the  Messenger  (salallahu  alayhi  wasallam).  the  hypocrites  shun  it  (An-Nisa,  61).  A  believer,  therefore,  always  acts  upon  the  shari’ah  and  sticks  to  the  truth  on  basis  of  evidences.  When  evidence  is  not  apparent,  he  does  not  oppress  a  brother  on  basis  of  ijtihaad,  rather  sincerely  advises  him  (bin  Baaz).  Indeed  a  person  of  truth  and  sunnah  does  not  follow  anyone  blindly  except  the  Prophet(salallahu  alayhi  wasallam)  whose  words  were  revelation  and  whoever  differs  from  him  is  a  person  of  innovation  and  sectarianism  (Ibn  Uthaymeen)



BIBLIOGRAPHY

1) Al-  Qur’an

2) Ibn  Uthaymeen,  Mohammad,  (1999)  On  Ijtihad  and  Taqleed  (http://www.spubs.com/sps/sp.cfm?subsecID=MNJ06&articleID=MNJ060001&articlePages=1)

3)  Al  Fawzaan,  Saalih,  (2014),  Blind  Following  and  its  Dangers (https://abdurrahman.org/2014/09/29/blind-following-and-its-dangers-shaikh-saalih-al-fawzaan/)

4) Ibn  Hasan,  Abdur  Rahmaan,  (2015),  The  Forbiddence  of  Adhering  Blindly  to  the  Saying  of  a  Scholar  in  Opposition  To  An  Authentic  Text,  and  the  Severe  Rebuke  due  Upon  One  Who  is  Guilty  Of  this

5) Ibn  Tayyimah,  Taqi  ad-din;  Ibn  Baz,  Abd  al-Aziz,  Misplaced  Loyalty,  (2015),  https://thewayofsalafiyyah.wordpress.com/2015/06/21/misplaced-loyalty-ibn-taymiyyah-and-ibn-baz/

6) Philps,  AA  Bilal,(1990),  The  Evolution  of  Fiqh,  India:  Tawheed  Publications

7) Ibn  Katheer

8) Sahih  Muslim,

9) Sahih  Bukhari

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Excerpts from my life, IOU Assignments- informations., Islam

The Divorce- Part 2

…Continued from Part 1:

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The Period of Iddat:
Now that the divorce has been uttered, what should the next step be?

“Ofcourse, ask her to pack her bags and leave!!”, would be an answer that most ignorant people would give. Especially in Indo-Pak where the popular trend (to imitate the kuffar) is that the man and woman separate. Sometimes, the divorce is uttered in utmost anger and the woman is humiliatingly dragged out of the house.

Allah says, “… And have taqwa of your Lord. And turn them not out of their homes nor shall they leave, except in case they are guilt of illicit sexual intercourse. And those are the set limits of Allah…” (Surah AT-Talaq, 1)

Allah warns muslims here to have fear of Him with regards to the rights of divorced wives (As-Sa’di). It the right of a muslimah to live in her matrimonial home and be provided for until she is in her iddah. The husband cannot throw her out and she cannot abandon the house as well unless the divorce was caused due to her committing adultery. (Ibn Katheer)

Allah further says, “…and whosoever transgresses the set limits of Allah, then indeed he has wronged himself” (65:1). Therefore, whoever breaches these commands of Allah, reduces his profit and wasted their share of reward (As-Sa’di).

THE Wisdom of ‘Iddah at the Husband’s House
“..You know not, it may be that Allah will afterward bring some new thing to pass”, (65:1)

😀 What does this verse say? Allah commanded the divorced wife to remain in her husband’s house during ‘Iddah, so that the husband might regret his action and Allah may renew mercy and compassion in his heart who may want to resume his marriage with his wife. Or, perhaps the wife may realise her mistake which lead to the divorce, regret it and make amends.  An ideal iddah makes it easy for reunion of husband and wife. Perhaps the reason for which the divorce occurred ceases to exist after sometime. The Iddah serves as a period of reconsideration.

One of the many wisdoms behind Iddah is to determine whether she is pregnant with his child.

Kindness:
When the period of iddat ends, the husband may

  • either take her back to live honorably with her and in good companionship, not to cause harm or intending evil by holding them against their will, because this is prohibited. or,
  • part with them in a good manner through a divorce that is free from prohibited behavior, without cursing or disputing, and without forcing her to give up some of her money (in return for being released from the marriage). ___[As-Sa’di]

Kindness to the wife is paramount irrespective of whether the husband takes her back or parts. Allah commands believers to keep two trustworthy muslim men as witnesses to ensure a healthy divorce.

The rulings and set limits of Allah mentioned here will serve as an admonition for a Believer whereas those whose hearts are devoid of faith will care less of the evil they commit.

Divorce indeed brings hardship, depression and anxiety. Allah says, those who have Taqwa (fear of and obedience to Allah), He will make a way for him to get our and provide from sources that one cannot contemplate.

Wife cannot be taken back after third divorce:
The third divorce is irrevocable. Allah said :” And if he has divorced her the third time then she is not lawful for him thereafter until she has married another husband” (Surah Baqarah, verse 230).

Wait right there before you gawk. Allow me to explain.

Men are not allowed to repeatedly divorce her and take her back. If he divorces her the third time, she is free to marry again after her iddat period. She does not owe any duty, responsibility or liability towards the man. Nor is it permissible for him to take her as a wife again by way of Nikah. So what is the solution?

I wonder why any woman would ever want to marry a man who considers her to be so trivial that he could divorce not once, twice but thrice. Why would she want a life of perpetual anxiety of whether he may drop the divorce bomb anytime without knowing whether he will take her back or leave her. Is this love at all?

Allah sets her free. Free to marry someone who would give her the love and respect that a wife deserves. She becomes impermissible to him. If she wants to live the life of a married woman, she may marry another man. Marry a momin. Run away from the man who gave you so much agony. There is no solution by which they can marry again

Is Halala a part of Islam?

“…until she marries again.” , meaning until she has legally married another man. The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her. These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again then this is Tahlil (Halala) that hadiths have cursed and criticised. Additionally, when the reason behind this marriage (if it was halala) is announced in the contract, it would make the contract invalid. (Ibn Katheer, commentary on 2:230)

  • It was narrated that Ibn ‘Abbas said:
    “The Messenger of Allah cursed the Muhallil and the Muhallal lahu.”
    [Sunan Ibn Majah, Vol. 3, Book 9, Hadith 1934, Grade: Sahih]
  • It was narrated that ‘Abdullah said:
    “The Messenger of Allah cursed the woman who tattoos and the one tattooed, the woman who fixed hair extensions and the one who had her hair get extended, the consumer of Riba and the one who pays it, and Al-Muhallil and Al-Muhallal Lahu.”
    [Sunan an-Nasa’i 3416, Grade: Sahih  &  Graded Hasan by Tirmidhi]

# The Muhallil is the one who marries a woman and divorces her so that she can return to her first husband, and the muhallal lahu is the first husband

# Halala/ Tahleel is marrying a woman for a specific length of time with the intention of divorcing her after that so as to make her permissible to her ex-husband who has divorced her thrice.

Tirmidhi reported, “This is what acted upon among the Companions, among whom are Umar, Uthmaan and Ibn Umar (radiallahu anhum). It was also saying of scholars of fiqh amongst the Tabi’in (second generation of Islam). Umar said, “If the participants to halala are brought to me, I will have them stoned”. Ibn Umar has been reported to equate it to adultery. [Ibn Kathir, ibid].

The system of halala has no existence in Islam or in Islamic history. The very purpose of why Allah made a woman impermissible after three divorces has been defeated and mocked.

Muta Marriages & Halala:

Allow me please to introduce a new term to you- “Muta Marriage”.

#Mut’ah or temporary marriage refers to when a man marries a woman for a specific length of time in return for a particular amount of money.

It was narrated from ‘Ali that he heard Ibn ‘Abbaas permitting mut’ah marriage, and he said, “Wait a minute, O Ibn ‘Abbaas, for the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade it on the day of Khaybar and (he also forbade) the meat of tame donkeys.” [Narrated by Muslim, 1407.] 

The basic principle of marriage is that it must be ongoing and permanent. Allah has made marriage one of His signs which calls us to think and ponder. He has created love and compassion between the spouses, and has made the wife a source of tranquility for the husband.

A man is entitled to take his wife back twice after two respective Talaqs but after that the separation is irrevocable. She is then free to be married to any other person of her choice. Therefore, if a thrice divorced wife marries another man, the intention of the man must be to keep her as his wife, give her due rights and live with love and compassion. If then in the normal course of life a dispute between them develops leading to first Talaq by the second husband, she is again free to be married to any person of her choice including the second husband (by whom she has got the first divorce) and also including the first husband as well.

The relevant point here is that a Halala cannot be planned in advance, as a Nikah between her and the second husband with an understanding of a divorce afterwards will not be valid. If she does so, it will be an illegitimate relationship with the second husband and with the first husband also with whom she comes to live after a pre-planned Halala. The Prophet (salallahu alayhi wasallam) has cursed both such men who perform Halala and for whom Halala is performed.

Conclusion:
How horrible have we reduced the status of our women to? What kind of patriarchy is this to introduce into Islam things that were never practised during the time of Prophet (salallahu alayhi wasallan) or his companions? Things that enraged them, displayed disgust and earned curses from them.

We today fail to observe the sunnahs of kindness towards wives and giving them their rights. Rather we work very hard to reduce the shariah in abusing women. We divorce them without any contemplation, do not bear our wives with patience, forgiveness is a forgotten trait, we threaten our wives with divorcee, the divorces are unruly involving harassment one cannot fathom, wives are thrown out after divorce and taken back at whims only for further abuse, we do not pay their mehr , we pronounce three divorce at once and then force her into adultery by way of halala thereby earning Allah’s wrath.

What has the ummah reduced to? Do we know more about religion of Muhammad (salallahu alayhi wasallam) than his companions? Leave aside what I say or what anyone else says for a while if you are unsure of what is right and wrong- open the books of Hadiths, open the Qur’an brothers and read what Allah asks you to do. Read what Allah wants you to be.

Read. Read my dear sisters if you do not wish to be reduced to a piece of meat.

“Iqra bismi rabbikallazi khalaq- Read in the name of your Lord who created” [Al-Alaq, verse 1]

May Allah reward you


Bibliography:

  1. Tafseer Ibn Katheer
  2. Tafseer As-Sa’di
  3. Sunnah.com for hadiths
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IOU Assignments- informations., Islam

The Divorce: Part 1

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Bismillahir Rahmaanir Raheem.

I remember watching a teleshow long back where a muslim man uttered “talaq” thrice and his wife became the damsel in distress. The child in me was abhorred. My heart went out for all muslim women and I felt proud to be born in a hindu household. At least my dad will never do that to my mum.

That is how media is teaching us about Islam today. The sad part is that not only non-Muslims, even Muslims today are resorting to media to learn about Islam. The result? We see a widespread debate over triple talaq today. What surprises me, is the Indian courts and non-muslim public says that triple talaq is cruel, whereas many promiment people from amongst the muslim are striving to upkeep this practise.

Why? why are we in such a miserable situation? Why are we taking religion from any other source other than Qur’an and hadith? Why amidst all the chaos, the one place you forgot to check about the Islamic laws was the Qur’an? May Allah ease the affairs of the ummah.

Subhanallah, our local masjid here has been delivering khutba every jumu’ah on women’s rights in Islam. They have beautifully covered how women open doors to Paradise for her parents, husband and children. Previous jumu’ah the topic was the very controversial issues of talaq, iddat and halala.

Pre-Islamic times witnessed divorce being used as a tool for harassing women. The men would divorce women and then would take them back soon after. Neither did they allow the women to live peacefully post divorce, nor did they look after them after taking them back.

It was under these circumstances that Allah revealed the divine laws of divorce. Women were given the right of khula and men received the right of talaq. Allah says in the Qur’an:

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. [Surah Baqarah, 229]

Thus, the matter of divorce was made more grave and recurrence of it to trouble women was stopped.

Two Roads to Choose:
Allah then commands the Prophet (صلي الله عليه وسلم) and through him the entire ummah, that when they divorce their wives, they must not rush by not adhering to the commandments of Allah (Surah At-Talaq, 1).

Allah says, when the iddat is coming to an end, a man may take two ways-

  • He may either leave her so that she is free to live her life and marry someone else if she so wishes or,
  • He may choose to get back with her and amend the marital ties.

Thus, if he decides to take her back he must do with due respect and dignity. A person who takes her back to oppress her is indeed a zaalim and will receive great humiliation from Allah (subhana wa ta’ala). Similarly, if he decides to leave her, he has been commanded to leave her with due kindness without causing any humiliation or abuse. To maintain clarity in the matter of divorce or reconciliation, Allah has advised to take two men of repute as witnesses (Surah At-Talaq, 2). .

To Joke about divorce:
It has been recorded in At-Tirmidhi [1] that the messenger of Allah (صلي الله عليه وسلم) said that there are three things which when joked about become binding on the speaker

  • To joke about nikah
  • To joke about divorce
  • To joke about taking back ones wife.

Some narrations from sahabis including Umar and Ali (radiallahu anhum) say the three things are nikah, divorce and manumission.

Allah prohibits us from joking about the verses of Qur’an (Surah at-Tawbah, 65-66) and to denounce a gathering where it is done (Surah an-Nisa, 140). Therefore nobody can perform a nikah, consummate the marriage and declare the next day that he was joking. The woman he married, will nevertheless will be called his wife. Similarly, one cannot pronounce divorce and say that he was joking. Divorce is a matter that must be taken seriously keeping the consequences in mind.

The Procedure of Talaq aka a bit about Triple Talaq

Ibn Abbas (radiallahu anhu) reported that pronouncements of three divorce during the lifetime of Allah’s messenger (صلي الله عليه وسلم)  and of Abu Bakr and two years of the caliphate of Umar (radiallahu anhum) was treated as one. However, after that people started giving talaq frivolously. Thus, to curb this trend, Umar imposed upon them to treat three talaq in one breath as an irrevocable divorce  (Sahih Muslim). Additionally, it is interesting to note that Abdullah Ibn Masud and Zubayr (radiallahu anhum) advised Umar bin Khattab against this.

Similar narrations by Abu Sahba (radiallahu anhu) has been recorded in Muslim. The irony of the day is that Muslims choose to ignore the trend during the time of Prophet (صلي الله عليه وسلم) . Do you and I know better about those times than Ibn Abbas (radiallahu anhu)? The ruling of triple talaq at one go was merely imposed for exceptional circumstancial necessity of that age.

It has been recorded in Musnad Ahmed, that Rukana once came distressed to the Prophet stating that he had divorced his wife but regretted it. The Prophet (صلي الله عليه وسلم) asked him how he had divorced her. He said he by pronouncing three divorces in one setting. Thereby, the Prophet told him that he may take his wife back as this will amount to just one utterance of divorce and Rukana did so [3].

Another narration by Mahmud bin Labid states that a man uttered divorce thrice to his wife in one sitting. When the messenger of Allah (صلي الله عليه وسلم) heard this, he angrily stood up saying, “the Book of Allah is being made the subject of jest while I am still amongst you”. A man immediately stood up seeking permission whether he should kill that man. [4]

Hence, the triple talaq in one sitting is called talaq-ul-bidaat — an innovation that is against the procedure prescribed by Allah. Therefore, between every talaq there must be a waqf (i.e a period of iddah). Any number of pronouncements at one time would sum up to one pronouncement.

Women must be divorced during the prescribed period. Muslim recorded that Ibn-Umar (radiallahu anhu) reported that he divorced is wife while she was menstruating. Umar bin Khattab asked the Messenger (صلي الله عليه وسلم) about it and this angered the Prophet. He commanded ibn-Umar to take her back and divorce her when she is clean from it. When she again enters menstruation and is clean from it again, he may divorce her again.  However, the condition is that he must not have had intercourse with her during that period. After this he may keep her or divorce her for the final time. [5]

There is also a similar narration on the same lines in Sahih Muslim where Prophet (صلي الله عليه وسلم) continues to say that if he pronounced three talaq at one and the same time, he has disobeyed the command of Allah with regards to the procedure of divorce. But, she would be ultimately separated from him.

Another narration from Daraqutni states that Ibn-Umar asked the messenger of Allah (صلي الله عليه وسلم)whether it would be permissible for him to take his wife back if he had pronounced three divorces. The Prophet responded that the talaq would be complete and irrevocable but ibn-Umar would have earned the sin for pronouncing divorce in the wrong manner [6].

To be continued…

In the next part we will learn what Qur’an says about the period of iddat, kindness prescribed for divorced women and the process of halala In sha Allah. Click here to read Part 2.



Reference

[1] At-Tirmidhi, 1184. Graded hasan by shaikh Albani

[2] Saheeh Muslim, Book 9 hadith number 3491 (Book on Talaq, Chapter 2: Prouncement of three divorces)

[3] ‘Usmani, Umar Ahmad, (1999),  Women’s Rights in the Qur’an, Women and Modern Society, Indian: Select Books

[4] An-Nasa’i, taken from Commentary to Surah Baqara verse 229 from Tafseer Ibn Katheer

[5] Saheeh Muslim, Book 9 hadith no. 3473 (Book on Talaq, Chapter 1: Prohibition of divorcing wife during her menses)

[6] Taken from commentary on Saheeh Muslim, Book 9 hadith number 3491

Bibliography
1.
Tafseer ibn Katheer
2. As-Sa’di, Abdur-Rahmaan , (2014), Methodical Interpretation of the Noble Qur’an: Tafseer as-Sa’di, vol 10., Riyadh: Darussalam
3. Muslim, (2005), Sahih Muslim, Translated by Abdul Hamid Siddiqui, Vol. 2, India: Islamic Book Service

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