Marriage contract done by phone with no witnesses; husband said that he could get it witnessed after consummation

There is a man who wanted to marry a woman who is living on her own in Egypt. He asked her about her guardian, and she replied that she had a brother living in Tunis, so he contacted him by phone and they both said the words of proposal and acceptance, and the brother blessed this marriage. But the husband asked him about whether there were any witnesses with him who were present at the time of this proposal and acceptance, and he said no. Then the issue of witnesses was forgotten, and the bride told her sister, and the bride, her sister and her neighbour came to the husband, and he gave her her dowry. Then the sister and neighbour departed, and left the bride there. The husband said: There remains the issue of two witnesses, but we can bring the two witnesses later, even if it is after consummation of the marriage, and he consummated the marriage with her. Is this marriage contract valid? Would the testimony of two witnesses make this marriage contract valid? Is there any expiation to be offered for this?

Published Date: 2016-05-09

Praise be to Allah

The majority of scholars stipulate that in order for the marriage contract to be valid, it must be witnessed by two Muslim men of good character, because the Prophet (blessings and peace of Allah be upon him) said: “There is no marriage except with a guardian and two witnesses of good character.” Narrated by al-Bayhaqi from the hadith of ‘Imraan and ‘Aa’ishah; classed as saheeh by al-Albaani in Saheeh al-Jaami‘no. 7557                                          

Ibn Qudaamah said: The marriage contract can only be done in the presence of two Muslim witnesses, regardless of whether the couple are both Muslims, or only the husband is Muslim. This was stated by Ahmad and is the view of ash-Shaafa‘i. … because the Prophet (peace be upon him) said: “There is no marriage except with a guardian and two witnesses of good character.”

End quote from al-Mughni (7/7) 

Al-Sarkhasi said: Marriage is a contract of great importance and significance, and its objectives are noble. Therefore Islamic teaching highlights its gravity by stipulating that there must be two witnesses to it, unlike other contracts.

End quote from al-Mabsoot by as-Sarkhasi (5/11) 

The majority of fuqaha’ are of the view that it is stipulated that the witnesses must be males, so in their view the testimony of women in this matter is not valid. The Hanafis differed from that and allowed the testimony of a man and two women. This has been explained previously in fatwa no. 97239. 

The majority of fuqaha’ also stipulated that the witnessing must occur at the time of the marriage contract. However the Maalikis differed from that and regarded it as permissible for there to be no witnesses at the time of the marriage contract, on condition that there be witnesses just before the time of consummation. It says in Haashiyat as-Saawi ‘ala ash-Sharh as-Sagheer (2/339): The basic principle concerning witnessing of the marriage is that it is obligatory, and that it is recommended for it to be done at the time of the marriage contract. If that happens at the time of the marriage contract, then both matters are fulfilled, what is obligatory and what is recommended. If it does not happen at the time of the marriage contract, but it happens just before the time of consummation, then what is obligatory has been fulfilled, but what is recommended has been omitted. If witnessing does not happen just before the time of consummation or at the time of the marriage contract, but witnesses are present at one of them, then the marriage is definitely valid, but those who are in charge of the marriage are sinning by failing to call witnesses. If no witnesses were present at all, then the marriage contract is definitely invalid. End quote. 

This is the view of the majority of scholars. 

Some of the scholars are of the view that it is not essential to have witnesses to the marriage if the matter is publicly announced. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: Undoubtedly if a marriage is publicly announced it is valid, even if it was not witnessed by two witnesses. If it is concealed but witnessed, then there are some reservations about the matter. If it is both witnessed and publicly announced, then there is no dispute that it is valid. If there are no witnesses and it is not publicly announced, then it is invalid according to most of the scholars, and if there is any difference of opinion, then it is rare. 

End quote from al-Ikhtiyaaraat al-Fiqhiyyah (p. 177) 

Once this is established, if this marriage was done without any public announcement, then it is invalid and must be annulled, and cannot be validated by the testimony of two witnesses after consummation. Rather if the couple want to continue with it, then they must do a new marriage contract, with the proposal and acceptance, witnessed by two Muslim men of good character. It is only invalid because it was done without being witnessed and without being publicly announced, therefore it is a secret marriage, which is invalid. We noted above that Shaykh al-Islam Ibn Taymiyah said: If there are no witnesses and it is not publicly announced, then it is invalid according to most of the scholars, and if there is any difference of opinion, then it is rare. End quote from al-Ikhtiyaaraat al-Fiqhiyyah (p. 177) 

The testimony of these two women – the wife’s sister and her neighbour – to the marriage does not have any impact on that, because women have nothing to do with witnessing marriage, according to the view of the majority of scholars. 

But if the marriage was announced and it became well-known among people that this man had married this woman, then it is a valid marriage, because in that case it fulfilled the conditions of marriage by means of this proposal and acceptance that were done over the phone, which is valid, so long as it was free from any tampering and you were actually certain that the one who spoke to you on the phone and did the marriage contract for the woman was really her brother. 

But if you were not certain, at the time of doing the marriage contract, that the one who did the marriage contract with you was the woman’s brother, then this marriage contract is not valid, because it is not certain that her guardian was present at the time of the marriage contract. 

Please see the answers to questions no. 2201, 105531 and 125482

It is clear from the details of the case asked about here that this husband was unaware of the seriousness of marriage in the religion of Allah, and he did not know that marriage as prescribed in Islam is ordained by Allah, and that the rulings thereon limits set by Allah, to which Allah has given great significance and importance, and which He has commanded His slaves to adhere to and has forbidden them to transgress beyond that. How can that be compared with the behaviour of some people who seek to validate their marriage by seeking concessions from here and there. There is no power and no strength except with Allah, the Almighty, the Most Wise. 

As for the husband saying that it is permissible to have the marriage witnessed after consummating the marriage with his wife, this is invalid and wrong. The husband must ask Allah to forgive him for that, and he must beware of speaking about the religion and laws of Allah without knowledge. Allah, may He be exalted, says (interpretation of the meaning): 

“Say (O Muhammad (blessings and peace of Allah be upon him)): ‘(But) the things that my Lord has indeed forbidden are Al-Fawahish (great evil sins, every kind of unlawful sexual intercourse, etc.) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allah for which He has given no authority, and saying things about Allah of which you have no knowledge’”

[al-A‘raaf 7:33]. 

And Allah knows best.

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Her guardians refused to arrange her marriage, so the local imam did the marriage contract without documentation

my question is about my marriage as to whether it is valid or not. I married my husband two years ago I had no wali and no one was willing to be a part of mine and his marriage their reason for me not to marry him was that he is already married and has children and he is a different caste of Muslim. I married him by speaking to the imam of our local mosques explained the situation to him and he provided us with the witnesses and read our Nikaah however the Imam didnt have the form we needed for a Nikaah namah. I married my husband out of fear of committing a sin therefore I tried my best to arrange our marriage as quick as I could. 
My question is this: 
1. Is my marriage valid? 
2. If my marriage isnt valid what can I do to rectify this? 
3. I don't have a nikaah namah can our nikaah be read again? 
4. During this new nikaah being read can I put conditions down on our marriage.

Published Date: 2017-01-10

Praise be to Allah

Firstly:

In order for a marriage to be valid it is stipulated that it be done by the woman’s guardian or his proxy, because the Prophet (blessings and peace of Allah be upon him) said: “There can be no marriage contract except with a guardian.” Narrated by Abu Dawood (2085), at-Tirmidhi (1101) and Ibn Maajah (1881) from the hadith of Abu Moosa al-Ash‘ari; classed as saheeh by al-Albaani in Saheeh at-Tirmidhi.

The woman’s guardian is her father, then his father (her grandfather), then her son, then his son (her grandson – if she has a son), then her full brother, then her brother through her father only, then her brothers’ sons, then paternal uncles, then their sons, then the father’s paternal uncles, then the ruler. See: al-Mughni (9/355).

This is the view of the majority of fuqaha’, except the Hanafis who regard it as permissible for a woman to arrange her own marriage without a guardian.

If a woman gets married without a guardian, or the imam of the mosque does her marriage contract even though she has a guardian, then there is a difference of opinion among the fuqaha’ concerning such a marriage. If it happens, it is not to be annulled, in light of the difference of scholarly opinion concerning that.

In many Muslim countries – including your country, Pakistan – the shar‘i judicial system is based on the madhhab of Imam Abu Haneefah (may Allah have mercy on him), in which a woman’s marriage without a guardian is regarded as valid.

See the answer to question no. 173946

Secondly:

If the one who proposes marriage to you is compatible with you in terms of religious commitment and character, and you accept him, then your guardian does not have the right to refuse to give you in marriage to him, and if he refuses then he is to be regarded as wilfully preventing your marriage (for no valid reason), and guardianship passes to the next in line (among the relatives mentioned above). If all of them refuse, then your marriage may be arranged by the Islamic qaadi (judge) or one who is acting in his stead, such as the person in charge of an Islamic centre.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

If the guardian refuses to arrange the marriage of a woman to a suitor who is good in terms of religious commitment and character, then guardianship passes to the next in line of male relatives on the father’s side, the closest then the next closest. If they refuse to arrange the marriage, as often happens, then guardianship passes to the Islamic judge, and the Islamic judge may do the marriage contract for the woman. If the case reaches him and he knows that her guardians have refused to arrange her marriage, then he must do her marriage contract, because he is in a position of general guardianship, so long as the specific guardianship has not been carried out properly.

End quote from Fataawa Islamiyyah (3/148).

Shaykh Ibn Baaz (may Allah have mercy on him) said:

What the guardian must do is fear Allah and not wilfully prevent the woman’s marriage (for no valid reason); he should try hard to make marriage easy for her. If a good and compatible suitor proposes to her, the guardian must be easy-going with regard to the matter and should try hard to protect the chastity of the woman under his guardianship and make it easy for her to get married, and he should not be stubborn or make unreasonable demands with regard to the mahr or the wedding feast and so on.

This is what he must do, and if he prevents her from getting married or makes unreasonable demands in these matters, then she may refer the matter to the court, if there is an Islamic court in her country, so that the court may examine the case, and rebuke the guardian. But if the woman is living in a country where she has no guardian, brother, father, or cousin, then the ruler takes the place of the guardian, and her guardian is the ruler, because the Prophet (blessings and peace of Allah be upon him) said: “The ruler is the guardian of the one who has no guardian.” So the ruler takes the place of her guardian and becomes her guardian, and he may arrange her marriage or appoint someone to do so.

But if she is living in a country where there is no Muslim ruler or Muslim judge or guardian, as in the case of Muslim minorities in the lands of the disbelievers, then the head of the Islamic centre may arrange a marriage, if they have an Islamic centre, because he is like the ruler in their case. The head of the Islamic centre should examine her situation and arrange her marriage to a good and compatible man, if she has no guardians and there is no Islamic judge (qaadi).

If her guardian is far away, then he may be requested to appoint a proxy.

If his whereabouts are not known, then the next closest guardian may take his place; the one who is next in line to him may take his place.

If she has no guardian except the one who is absent and whose whereabouts are unknown, then the ruler may take his place.

End quote from Fataawa Noor ‘ala ad-Darb by Shaykh Ibn Baaz (20/200)

Based on that, if your guardians all refused to arrange a marriage, and the imam of the local mosque arranged your marriage and did your marriage contract, then the marriage is valid, as mentioned above.

Thirdly:

If the proposal and acceptance were done in the presence of two witnesses, the marriage is valid, even if it was not written down on the appropriate form or was not recorded officially.

But documentation is essential nowadays, because dishonesty is becoming widespread and because people tamper with the rights of others, as has been explained previously in the answer to question no.129851.

Therefore you must hasten to document this marriage officially.

And Allah knows best.

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Dangers of Smoking 2

Smoking is one of the things which has caused a lot of problems and harm these days and it has spread like wild fire. Before we discuss this topic in detail, we should know that Allaah the Almighty has divided things in the world into two types, good or permissible (al-tayyibaat, al-halaal) and evil or prohibited (al-khabaa'ith, al-haraam), and there is no third type. Allah says (interpretation of the meaning) in surat al-A'raaf (7:157):

"And He makes good things halaal for them and bad things haraam."

Considering this fact, smoking can either be permissible and good or prohibited and evil.

Thus, we present some of its characteristics and let the person asking the question see himself in which type lies smoking.

1. There is no disagreement among the physicians and sane people that smoking is harmful for health. It is one of the major causes of lung cancer and other diseases. It is also one of the major causes of death. Since, it is known that the Islamic law prohibits everything that is harmful for a human being. Allah said (interpretation of meaning):

"Do not kill yourself. Allah is Merciful unto you." (Surat al-Nisaa' 4:29)

In addition, His Prophet SAWS (peace be upon him) said:

"There is no harm or causing of harm (in Islaam)." (Arabic "laa darar wa laa diraar")

He SAWS (peace be upon him) also said:

"A person will not be able to move on the Day of Judgment until he is asked about ... his body as to what he engaged it in."

Smoking also goes against the saying of the Prophet SAWS:

"Your body has a right on you."

2. There is no disagreement among the physicians and sane people that smoking is harmful for the health of others who inhale the polluted breath of the smoker. Medical research has proven the harmful effects of smoking mothers on their children.

3. The offensive smell caused by smoking is a source of pain to the worshippers of Allah among humans and angels. The angels are offended and suffer from the same things that the human beings suffer from. Allah said (interpretation of the meaning):

"Those who cause harm to believing men and women without any reason do a great sin." (Surat al-Ahzaab, 33:58)

4. The money that is spent on cigarettes is used on buying a harmful thing and is therefore an extravagance. Allah said (interpretation of the meaning):

"� and do not be extravagant wasters. Those who are extravagant are kinsmen of Satan." (Surat al-Israa' 17:26-27)

Extravagance (in Islam) means spending on something haraam.

Spending money on cigarettes is a waste of resources as well. The Prophet SAWS (peace be upon him) said:

"A person will not be able to move on the Day of Judgment until he is asked about ..... what he owned as to how he spent it."

Considering all that has been presented, it can be clearly seen that smoking is an evil among many others. It is not permissible to indulge in it, or buy and sell it, or even to offer it to others. It is incumbent on a person who is addicted to it that he must make all efforts and get whatever necessary treatment to stop it. If the unbelievers have understood the harm caused by smoking and made laws regarding it, the Muslims should be even more eager to stop it and treat those who are addicted to it.

We ask Allah the Almighty to cure everyone indulging in this evil and help him in giving it up. Allah is the Best Guide to the Right Path.

Source:-Islamcan.com

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Dangers of Smoking 1

It is a universally accepted and indisputable fact that smoking has many serious health and life hazards, for example, lung cancer, etc. to the smoker as well as those (non-smokers) in his (smokers) environment, therefore, not permissible. Shari'ah has explained in great length the importance and virtue of good health to the extent that Rasulullah (Sallallaahu Alayhi Wasallam) even advised to maintain a balance in eating and drinking as an imbalance could be harmful to health. He advised having dates, being hot in nature with cucumber, as it (cucumber) has a cooling effect. (Shamaail). On one occasion, Rasulullah (Sallallaahu Alayhi Wasallam) even stopped Hadhrat Ali (Radhiallaahu Anhu) from eating dates upon recovering from his illness and advised him to have vegetables instead.

Although dates is not only nutritious but also a means of obtaining blessing, but in certain conditions, since it could be harmful, Rasulullah (Sallallaahu Alayhi Wasallam) advised against it. From that, one can gauge the extent of abstaining from cigarettes which contain many harmful ingredients, for example, carbon monoxide, nicotine, tar and benzene vapour.

Therefore, smoking is harmful to the smoker as well as those around him. Consider the following: Muhammad Abdul Ghaffaar al-Afghan in his book, 'Ninety nine harms of smoking' has said that smoking results in many sicknesses which doctors have explained and they all amount to ninety nine.

Doctor Salahuddeen Abdur-Rabbi Nabiy, a neuro surgeon in Cairo says, 'When a person becomes enslaved to the habit of smoking, it has a very harmful effect on the smoker's health, especially to his heart. As a result his heart beat and blood circulation becomes unstable and he experiences drowsiness from time to time due to the shrinkin of his brain arteries.

Sometimes during old age, he suffers from high blood pressure and angina. Similarly, his digestive and respiratory systems are harmed and the smoker loses his appetite. He is also afflicted by a cough which is known as the smoker's cough. When his nervous system is affected the smoker feels a prickly sensation, a numbness in his limbs and also a pain in the nerves.'

In the annual conference of the American Doctors Council which took place in Chicago in 1966, the main topic discussed was the harms of smoking. Doctors, who were aware of the role that smoking played in lung cancer, became alarmed when they heard that the least harm smoking causes is that at arouses anxiety. Doctor Edward Kweller Hammond, head of statistics in the Cancer Association of America said, "Verily lung cancer which is caused by smoking cigarettes is not so serious in comparison to the injury caused by smoking with other means." It is stated in the ninth edition of "World of Knowledge" magazine that the time has come wherein it has become necessary to expose all the harms of smoking. It should also be realised that these dispecable substances even cause death.

It is also necessary to elucidate the harms of smoking in the hope of saving many intelligent and educated youth, who will be astonished on how much has been written regarding this topic. It is also stated in the above-mentioned magazine under the following heading, "Cancer Caused by Smoking":

This fatal illness is the culmination of many illnesses which are the result of thin blood and other sicknesses which are related to the blood vessels. All these are connected to this loathsome substances. However, lung cancer is the most likely outcome of smoking.

Lung cancer was a very rare disease but the end of this century witnessed a high rise in its occurance, primarily in men and thereafter in women. In the beginning of the sixties, the death rate due to lung cancer increased compared to before. Smoking also yields other health hazards besides its general and specific economic harms.

PROOF FOR THE PROHIBITION OF SMOKING

Smoking did not exist in the time of Rasulullah (Sallallaahu �layhi Wasallam), but our magnificent Deen has laid down general principles from which many laws are derived. From these principles, the Ulama (Allah's mercy be upon them) have come to the conclusion that smoking is Haraam.

An Aayaat of the Noble Qur'aan states, 'And do not throw yourself into destruction with your own hands.' (Baqarah 195). Smoking causes fatal sicknesses, for example, lung cancer, tuberculosis, etc.

In another Aayat, Allah Ta'ala says, 'And do not kill yourselves'. (Nisaa 29). Nabi Sallallaahu Alayhi Wasallam said, 'Whomsoever drinks poison, thereby killing himself, will sip this poison forever and ever in the fire of Jahannum.'

Cigarettes consist of many poisonous substances and furthermore, the smoker indulges in a slow suicidal act by smoking this poison.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai




Source :- islamcan.com

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Why does the Qur'an allow Muslim men to have four wives?

There are some situations in which it is advantageous to society to have men marry multiple wives, and for this reason polygyny is practiced by many religions and cultures. As we have already seen in answer to question 2, polygyny is permitted in the Bible too. Here we will see that the Qur'an permits only a restricted and limited form of that practice. Only 2% of Muslim marriages are of this nature.

Notice that the Qur'an permits but does not command a man to have four wives. Furthermore, the Qur'an stipulates that a man is responsible for the maintenance of his wife or wives. If a man has more than one wife, he has to provide separate living accommodation for each of his wives. Multiple marriages are a heavy responsibility on the male. It is not a pleasure trip as some people may assume. Some even imagine all kinds of sexual exploits involving a man and his wives altogether. However, such activity is not permissible in Islam. A man must divide his time equally among his wives. He may, for example, spend one night with each wife on a rotating schedule. If a man cannot maintain justice in the treatment of his wives, the Qur'an stipulates that he is to have no more than one wife.

Polygyny provides a solution to some of life's problems. When there is a shortage of men, for example after a devastating war, many women will be unable to find husbands. Most women in that situation, given the option, would rather be a co-wife than no wife. If one maintains a strict monogamy in such a situation, moral depravity is bound to result.

It may be useful at this point to see what some non- Muslim writers are now saying on this much misunderstood subject. John Esposito says:
Although it is found in many religious and cultural traditions, polygamy (or more precisely, polygyny) is most often identified with Islam in the minds of Westerners. In fact, the Qur'an and Islamic Law sought to control and regulate the number of spouses rather than give free license. (John Esposito, Islam: The Straight Path, Oxford University, 1988, p.97).

Esposito then goes on to explain that in a society which allowed men an unlimited number of wives, Islam limited the number of wives to four. Then he continued to say:
The Qur'an permits a man to marry up to four wives, provided he can support and treat them all equally. Muslims regard this Qur'anic command as strengthening the status of women and the family for it sought to ensure the welfare of single women and widows in a society whose male population was diminished by warfare, and to curb unrestricted polygamy (John Esposito: Islam the Straight Path, p.97).

Karen Armstrong explains much the same in her book entitled Muhammad: A Western Attempt to Understand Islam. She says:
We have to see the ruling about polygamy in context. In seventh-century Arabia, when a man could have as many wives as he chose, to prescribe only four was a limitation, not a license to new oppression (Karen Armstrong, Muhammad: A Western Attempt to Understand Islam, Victor Gollancz Ltd., 1991, p.191).

It is unfortunate that the Western media often gives the wrong impression of what Islam is all about. Karen Armstrong writes:

Popular films like Harem give an absurd and inflated picture of the sexual life of the Muslim sheikh which reveals more about Western fantasy than it does about the reality (p.190).

Some people incorrectly assume that because of this ruling most Muslim men would have four wives. However, as Huston Smith points out, "multiple wives are seldom found in Islam today" (The World's Religions, p. 252). Ira Zep p, Jr. says that "less than 2% of Muslim marriages are polygamous" (A Muslim Primer, p.180).

About this being a solution for the problem of surplus women, Ira Zepp, Jr. comments on page 181 of his book:
The Roman Catholic Church is facing the same problem today in parts of Africa. Social and economic reasons are forcing the Church to reconsider polygamy as a Christian option. (See Polygamy Recon,isidered by Eugene Hillman, New York: Orbis Press, 1973).



Source :- islamcan.com

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Is it obligatory to respond to the broadcaster when he says salaam on TV or radio?

When the presenter of a programme on television or radio says salaam, are we sinning if we do not respond to the salaam in this case?.

Published Date: 2009-08-23

Praise be to Allaah.

If the broadcast is live, then it is prescribed to return the salaam, because of the general meaning of the evidence which shows that it is obligatory to return the greeting of salaam. But it is a communal obligation, so if some people do it, it is waived for the rest. 

But if it is recorded, it is not obligatory to return the greeting in this case. 

Al-Nawawi said in al-Adhkaar (p. 247): 

Imam Abu Sa’d al-Mutawalli and others said: If someone calls out to someone else from behind a screen or a wall and says, Peace be upon you, O So and so, or he writes a letter in which he says: Peace be upon you, O So and so, or Peace be upon So and so, or he sends a messenger and says: Give greetings of salaam to So and so, and the letter or messenger conveys that, it is obligatory for him to return the greeting. Similarly, al-Waahidi and others stated that it is obligatory for the one to whom the letter was written to return the salaam when it reaches him. End quote. 

Shaykh Ibn Baaz (may Allah have mercy on him) was asked: 

If the writer says in his article in a newspaper or magazine, or an author says in his book, or a broadcaster says on the radio or television: Al-salaamu ‘alaykum wa rahmat-Allahi wa barakaatuhu (peace be upon you and the mercy of Allah and His blessings), does the listener have to return the greeting on the basis that returning the greeting is obligatory? 

He replied: 

Returning the greeting in cases such as this is a communal obligation, because he is greeting a large audience, so it is sufficient for some of them to return it, although it is better if each Muslim who hears it returns the greeting because of the general meaning of the evidence. End quote. 

Majmoo’ Fataawa Ibn Baaz(9/396). 

Shaykh Saalih al-Fawzaan was asked: 

If the broadcaster on television or radio, or the writer in a magazine, says salaam, is it obligatory to return the greeting in this case? 

He replied: 

It is obligatory to return the salaam if one hears it directly or through a letter that is addressed to him, or via media addressed to the listeners, because of the general meaning of the evidence that returning the salaam is obligatory. End quote. 

Al-Muntaqa min Fataawa al-Fawzaan, 8/63 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) did not go so far as to say that it is obligatory to return the salaam because the greeter cannot hear the response, but he said: (The greeting) should be returned so as to be on the safe side. 

He was asked (may Allah have mercy on him): 

What is the ruling if the Muslim hears the broadcaster or Shaykh saying salaam? Does he have to return the salaam? 

The Shaykh said: Is it a live broadcast? 

Questioner: Yes, he is listening to the Shaykh or broadcaster on the radio. 

Shaykh: Sometimes it is recorded; they put it on a tape and broadcast it. If it is recorded, then you do not have to return the greeting, because this is just transmission of sound. But if it is not recorded and it is live, then I may or may not say that it is obligatory. If I say that it is obligatory, the basic principle is that this is a greeting to everyone who hears his words, so they have to respond to it. But if I say that it is not obligatory, that is because the one who gives the greeting cannot hear the response and does not expect it either. The one who says salaam in a broadcast does not expect the people to respond to him. But to be on the safe side, we should return the greeting and say, Wa ‘alayka al-salaam (and upon you be peace). 

Questioner: Is that more on the safe side, O Shaykh? 

Shaykh: That is more on the safe side, but it is not obligatory. End quote. 

Liqa’ al-Baab al-Maftooh, 28/229.

Source :- islamqa.info

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Why did the prophet Muhammad marry many wives?

The reasons for the marriages will become clear once we survey the historical circumstances. When Muhammad was twenty-five years old he married for the first time. His wife, Khadijah, was fifteen years older than him. She remained the only wife of the prophet for the next twenty-five years, until she died (may Allah be pleased with her). Only after her death did the prophet marry other women. Now, it is obvious that if the prophet was after physical pleasure he did not have to wait until he was more than fifty years old to start marrying more wives. He lived in a society in which it was quite acceptable to have many wives. But the prophet remained devoted to his only wife for twenty-five years. When she died she was sixty-five years old.

His later marriages were for various reasons. Some marriages were with the view to help the women whose husbands had been killed while they were defending their faith. Others were with a view to cement relationships with devoted followers like Abu Bakr, may Allah be pleased with him. Yet others were to build bridges with various tribes who were otherwise at war with the Muslims. When the prophet became their relative through marriage, their hostilities calmed down, and much bloodshed was averted.

Recent non-Muslim writers who had the opportunity to study the life of the prophet first-hand reached a similar conclusion about his plural marriages. John L. Esposito, Professor of Religion and Director of the Center for International Studies at the College of the Holy Cross, says that most of these marriages had "political and social motives" (Islam: The Straight Path, Oxford University Press, 1988, p. 19). This he explained as follows:
As was customary for Arab chiefs, many were political marriages to cement alliances. Others were marriages to the widows of his companions who had fallen in combat and were in need of protection (John L. Esposito, Islam: The Straight Path, pp.19-20).

Esposito reminds us of the following historical fact:
Though less common, polygyny was also permitted in biblical and even in post-biblical Judaism. From Abraham, David, and Solomon down to the reformation period, polygyny was practiced (p.19).

Another non-Muslim Caesar F. Farah writes as follows:
In the prime of his youth and adult years Muhammad remained thoroughly devoted to Khadijah and would have none other for consort. This was an age that looked upon plural marriages with favor and in a society that in pre-biblical and post-biblical days considered polygamy an essential feature of social existence. David had six wives and numerous concubines (2 Samuel 5:13; 1 Chronicles 3:1-9, 14:3) and Solomon was said to have had as many as 700 wives and 300 concubines (1 Kings 11:3). Solomon's son Rehoboam had 18 wives and 60 concubines (2 Chronicles 11:2 1). The New Testament contains no specific injunction against plural marriages. It was commonplace for the nobility among the Christians and Jews to contract plural marriages. Luther spoke of it with toleration (Caesar E. Farah, Islam: Beliefs and Observances, 4th edition, Barron's, U.S. 1987, p. 69).
Caesar Farah then concluded that Muhammad's plural marriages were due "partly to political reasons and partly to his concern for the wives of his companions who had fallen in battle defending the nascent Islamic community" (p.69).

When people hear that the prophet had many wives they conclude without much thought that the prophet was a sensuous man. However, a quick historical review of his marriages, proves otherwise. May Allah shower peace and blessings upon His noble messenger.



Source :- islamcan.com

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Responding to Greeting of Parrot

In my grandfather's house there is a real live parrot, and when I pass by it, it greets me and says ‘al-salamu ‘alaykum”. In this case do I have to return the greeting of this bird?

Published Date: 2010-01-20

Praise be to Allah.

Firstly: 

Al-Fayyoomi (may Allah have mercy on him) said: 

The babgha (parrot) is a well-known bird. The word babgha may be masculine or feminine, and the plural is Babghawat. 

Al-Misbah al-Muneer fi Ghareeb al-Sharh al-Kabeer, 1/35 

Secondly: 

It seems that it is not prescribed to return the greeting of a parrot which has learnt how to say salams (Islamic greeting), because saying salam is an act of worship and a supplication which requires intention on the part of the one who said it, and there is no such intention on the part of this trained creature. So one should not return its greeting. The ruling is the same as that on a tape on which the greeting is recorded and can be heard. It is a transmission of sound and does not come under the ruling on greeting when it is broadcast live, in which case returning the greeting is prescribed and is a communal obligation (fard kifayah).

Al-Shaykh Muhammad ibn Salih al-‘Uthaymeen (may Allah have mercy on him) said:

Sometimes the greeting may be recorded and they put it on the tape and run it. If it is recorded then you are not obliged to return the greeting, because this is just a transmission of sound. 

Liqa’ al-Bab al-Maftooh, 28/229 

See the rest of the fatwa and details on this issue in the answer to question number128737

Based on this, the parrot does not intend to give the greeting of salam, because it does not possess the power of reason, and when it speaks it is just repeating what it has been taught, without meaning what it says. 

Some of the scholars have stated that it is not prescribed to prostrate if one hears a verse from a parrot or from a recorded tape. 

One of the conclusions of the book Bahjat al-Asma‘ fi Ahkam al-Sama‘ fi’l-Fiqh al-Islami by Prof. ‘Ali ibn Dhariyan ibn Faris al-Hasan al-‘Anzi (published by Dar al-Manar in Kuwait) is: 

The listener need not do the prostration of recitation if he hears it from a source that is not human, such as a trained bird like a parrot or hearing it from an echo. End quote. 

And Allah knows best.

Source :- Islamqa.info

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What does Islam say about homosexuality?

Islam teaches that homosexual acts are sinful and punishable by God. This teaching comes not from human beings, but from the Creator of all humans. God tells us in His own words how He punished the people of Lot for their homosexual behavior. The story of the prophet Lot, on whom be peace, finds mention in several Qur'anic passages (see especially Qur'an 26:160-175). From these passages we learn that God saved Lot and the righteous ones of his family, and rained on the rest a shower of brimstones, so they were utterly destroyed. This is mentioned in the Qur'an not only for the sake of information, but mainly to serve as a warning to anyone who dares to repeat such acts.

Muslims believe that every human action leads to consequences. Good actions entail good results, and evil actions entail evil consequences. Some of these consequences may not become known for many years after a certain action. The consequences of some actions will become manifest only after death when one enters a new, everlasting life. To understand this point, consider the fact that often people contract a deadly disease which is diagnosed many years after the fact. A common mistake among humans is that if they do not see any negative consequences for their actions they consider their actions harmless. Human experience has taught us that a source of superior knowledge can be of tremendous benefit to humans. In the past, doctors unwittingly gave blood tainted with the AIDS virus to thousands of patients. If a source of superior knowledge had warned us beforehand, and we paid attention to that warning, we could have saved many people from this deadly disease.

God, the source of all knowledge, warns us of His punishment if people perpetrate homosexual acts. Let us pay attention and learn the easy way. Some will say that a person may be born with homosexual tendencies. We say that everyone is a free agent. God lays before us two paths and has given us knowledge of where these paths lead. One is the path to which the devil calls us. We must avoid that. Another is the path leading to paradise. We must stick to that one. Everyone experiences evil prompting from time to time. We must resist those with all our might. If one feels a tendency to do something that God prohibits, he or she should seek help from a community of loving, caring believers who would understand his or her difficulty and help him or her overcome it.

A common ploy of the devil is to convince people that they cannot avoid sin. Then they do not even try. But God promises that the devil can have no lasting power over those who sincerely seek God (see Qur'an 15:42). Finally, our bodies are given to us in trust from God. One should not use his or her body contrary to the user guide provided by its Maker. Consenting adults also need God's consent.





Source:- Islamcan.com

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Status of Women in Islam

Status of Women In Islam 

"Why is it that so many women who have been born and brought in Europe and America are willing to reject their 'liberty' and 'independence' to embrace a religion that supposedly oppresses them and is widely assumed to be prejudicial to them?" This is a question that I found on one of the sites while surfing around, and I found it an interesting question and which I'd like to draw this article around.

Can Islam be prejudiced to women, and yet appeal to women? Can Islam lower the status of a woman and still have more women embracing it as their way of life than men? According to an article written by Lucy Berrington in the Times Magazine (London) dated 9th Nov. 1993: "It is even more ironic that most British converts should be women, given the widespread view in the west that Islam treats women poorly. In the United States, women converts outnumber men by four to one, and in Britain make up the bulk of the estimated 10, 000 to 20, 000 converts, forming part of a Muslim community of 1 to 1.5 million "

How can the case of those women be explained?! Well, I could say that there are only one of two choices that one can decide upon. Either all those women who choose Islam don't know what they are doing or that they discovered Islam is not prejudice to them as others have yet to discover. New convert to Islam since September 11, US Navy petty officer, Heather Ramaha. "Islam gives us Elevation; not Degradation"

In the Noble Quran Allah (Arabic word for God) says:
"Mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honorable of you in the Sight of Allah is the believer who has Taqwa (i.e. piety and righteousness)and loves Allah most. Verily, Allah is All-Knowing, All-Aware." The Holy Qur'an(49:13)

"I shall not lose sight of the labor of any of you who labors in My way, be it man or woman; each of you is equal to the other. The Holy Qur'an(3:195)"

On the light of those verses, Islam declares that it has not come to disadvantage women, but in fact has been revealed to elevate women ever since 1400 years ago, when women in many parts of the world and especially in the western societies were considered objects that are owned and with little to no rights in the society they live in.

Before any other religion or system in the world Islam gave a woman the right to inherit, the right to vote and voice her opinion, the right to trade invest and improve herself financially, the right to own - buy and sell, the right to seek knowledge and have a good education, the right to work and has even gone further to oblige the males in every stage of her life, whether it was a father, brother or husband ... It's their duty before God to take care of her, to spend on her, to provide her with the food , clothing and shelter that she needs, to provide her with a good education, to protect her from anything that can harm her and to never hesitate to put their lives in stake for her if the need calls them to do so. "As a modern westerner with a career, of course I had to look into Islam's attitude to women - I couldn't be oppressed all of a sudden. But I discovered that it is pro-women and pro-men; in Islam, women had the right to vote in the year 600. Men dress modestly, women dress modestly; neither should flirt with the eyes, but rather they should lower their gaze. I think it's unhealthy to flaunt your sexuality - it attracts the wrong energy back." (MTV Presenter Kristiane Backer after being a Muslim) "Since I called myself a feminist, my early reading centered around women in Islam. I thought Islam oppressed women. In my Women's Studies courses I had read about Muslim women who were not allowed to leave their homes and were forced to cover their heads. Of course I saw hijab as an oppressive tool imposed by men rather than as an expression of self-respect and dignity. What I discovered in my readings surprised me. Islam not only does not oppress women, but actually liberates them, having given them rights in the 6th century that we have only gained in this century in this country: the right to own property and wealth and to maintain that in her name after marriage; the right to vote; and the right to divorce." (Karima Slack, an American feminist from secular humanism to Islam)

Some Muslim societies today lack those values. Some people may rightly ask then, why do we see some Muslim societies lacking those values? There is a beautiful and very true example I heard from a lecture by an American Muslim called Khaled Yaseen, who said that every person can be a father; but if a father does not turn out to be a good father then it's not fatherhood that we would blame. Similarly, Islam is a rule and order. A Muslim who does not act according to that rule and order then by all means its not Islam that should carry the blame.

Karla, a young Blonde haired Blue eyed young American from Washington DC who is a recent convert to Islam said in an interview made with her: The main question people seem to ask, is "How could you, an educated American woman convert to Islam--a religion that oppresses women?" They are quick to try and equate the rights of women in Afghanistan with the rights of Muslim women everywhere. Basically, what I tell them, is that the Qur'an gives women more rights than the Bible does--in print. That was one of the things that first drew me to Islam. Unfortunately today, Islam is no longer the leader in women's rights. I had a choice--deny what I believe (i.e. that There is only one God, and that Muhammed is a Prophet of God)...or accept what I believe, but work to change the problems that exist within the Muslim community. I chose the latter.

In the world today, one could say that the Taliban government in Afghanistan have been considered as the top example of Women Oppression in Islam. But what's ironic is that even when a woman falls captive in the hands of those supposedly most hateful men in the world, Islam does not fail to win her heart.

Yvonne Ridley is an award-winning journalist of more than 25 years standing and author of two books, In The Hands of the Taliban and Ticket to Paradise. She has spent the last 10 years working for several prestigious Fleet Street newspapers including The Sunday Times, The Observer, The Independent on Sunday and The Sunday Express. She has also expanded into television and radio producing several documentaries from Iraq and Afghanistan. Yvonne hit the headlines in September 2001 when while working for the Daily Express she crossed illegally into Afghanistan and was subsequently held captive by the Taliban for 11 days. Following her release, she read the Qur'an as she had agreed to during her captivity, and converted to Islam in the summer of 2003.

Last but not least I would like to conclude by the blessed sayings of Prophet Muhammad peace be upon him:
"It is the generous (in character) who is good to women, and it is the wicked who insults them."
"The most perfect believers are the best in conduct and best of you are those who are best to their wives."
"Treat your women well and be kind to them for they are your partners and committed helpers."

By Noor Al Haqq

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The example of two friends

Allah has given us another opportunity to share with each other some advice which will remind us about the purpose of our lives inshallah. These advice are written and posted by Muslim youths just like you.

Our belief in Allah needs to be strong and solid. Right now if I were to ask you "Is there a ground under you?" You would without a doubt say yes. Then if I asked "Is there a sky above you?" You would reply yes again without a doubt. Our belief in Allah should be so strong that if I was to ask "Is Allah watching you right now?" Without a doubt you should say yes. This type of belief doesn't come by sitting at home and doing nothing. We must work for it. Allah the Almighty has said in the Holy Quran: As for those who strive hard ``in Us`` (Our Cause), We will surely, guide them to Our Paths. (Surah Ankabut: 69).

Let me share a story with you. Two friends were travelling together. One was blind and the other could see. Now, when the night fell, they decided to take some rest and continue the journey in the morning. This area was such that in the day time the temperature increases pretty high but in the night the temperature decreases significantly. Much like the areas near the oceans. In the morning, the person who could see left to find some food. The blind man stayed behind and was just touching here and there around him. Now, what had happened at night is that one snake was passing by this place. But due to the extreme coldness, the snake became inactive, frozen, and straight. This blind man's hand fell on this snake and he thought that it's a very nice stick. He picked it up and became very happy. To a blind man, a good stick is a very valuable thing.

Later, the person who could see came back with some food and saw his friend touching a snake. So he shouted and said to throw it away. But the blind man insisted, you want this stick don't you? I am not going to throw it away. After trying hard, he couldn't convince the blind man to throw it away. Anyway, they continued their journey. Then the temperature began to rise and the snake started regaining its energy. When it received enough heat, it flexed its muscles and bit the blind man.

We can compare ourselves to this situation also. We are like this blind man and Prophet Muhammad (SAW) is like the person who could see. Prophet Muhammad (SAW) went to Miraj and saw the horrors of Hell and the blissfulness of Paradise. Now, the Prophet told us about many things to give up and stay away but because we can't see the dangers that's why we don't pay any attention to them. But when the time comes, we will get into serious problems. That is why, we should follow the rules and regulations of Islam.

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What does Islam say about abortion?

Are there any circumstances when abortion is allowed in Islam? What if pregnancy results from rape or incest?

Islam values human life. This is clearly expressed in the Qur'an where we are told that in the sight of God killing a human is a very serious matter (see Qur'an 5:32). The Qur'an teaches that on the Day of Judgement parents who killed their children will be under trial for that crime, and their children will be witnesses against them (see Qur'an 81:8-9).

People often fear that having more children will make them poor. In reply to that, the Qur'an says:
Do not slay your children for fear of poverty. We shall provide for them and for you (Qur'an 17:31).
Even in a case where one is already poor, the Qur'an insists that Allah will provide sustenance for us and for our children, and furthermore that Allah has made human life sacred (see Qur'an 6:151).

The right to life is God-given. No human should take away that right. The general rule, therefore, is that abortion is not permitted in Islam. However, Islam is a very practical religion. It includes principles to deal with exceptional cases. One such principle is that when a pregnancy threatens the life of the mother, an abortion may be performed. Although the lives of both mother and child are sacred, in this case it is better to save the principal life, the life of the mother. Even in this case, it would be better if the abortion is done before the foetus is 120 days old, for that is when the soul is breathed into the foetus. Islam does not permit abortion in other cases.

Women who have been victims of rape or incest naturally deserve sympathy and help. But a child conceived in this unfortunate manner still has a right to live. Of course this places an unwanted burden on the mother, but killing the child is not the right solution. To understand this point better, suppose someone sees the poorer sections of society as an unwanted burden on the rich. Would it be right then to kill off all the poor? Of course not. Why then should anyone decide that a child should be killed just because they are an unwanted burden? Society as a whole should help such a mother and relieve her as far as possible. But the child should not be killed.

Furthermore, the fact that such cases occur is an indication that people desperately need spiritual food. They need the pure teachings that will help them turn their minds away from adultery, rape, and incest. People need God. Can you help someone to turn to God?

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