Tag Archives: Nikah

The Sanctity of Nikah

By Mujlisul Ulama

Rasulullah (Sallallahu Alaihi Wassallam) said:

“Nikah is half of Imaan.”  

Numerous Ahadith narrations testify to the sanctity of the Nikah (marriage) bond. The above is one such hadith from which the sanctity and importance of Nikah are abundantly clear. As a result of the holy culture of Islam, Nikah has always been regarded and treated with due respect and reverence by Muslims. Unlike liberal and materialistic cultures, Islam emphasises the strong relationship between Nikah and Taqwa (piety and divine fear – the fear which engenders obedience of the commands of Allah Ta’ala.) In fact, Islam teaches that Nikah is the factor which vastly improves the degree and quality of taqwa.

The Nikah bond envisages the establishment of a home of piety – a home in which moral excellence, spiritual loftiness and humanity will achieve a high degree of perfection. While this was the blessed condition of the Ummah in its early days, it has to be observed that the gradual adoption by Muslims of the ways of alien cultures has seriously eroded the transcendental quality and value of the Nikah bond.

Divorce which was an extremely rare occurrence in Muslim society, has now become an incremental practice. The greater degree of Muslim abandonment of Muslim culture – the Sunnah of Rasulullah (Sallallahu Alaihi Wasallam) – the higher the incidence of divorce in the Muslim community. Divorce, separation, futile disputes, unnecessary arguments, lack of parental control, delinquency, failure to fulfil marital rights and obligations, infidelity, misery and heartache have gripped numerous Muslim families in these days of modernity, liberalism and abandonment of the Sunnah.

For these evil consequences of the libertine Muslim culture to find their way into Muslim homes, there is no need for surprise. Such baneful effects are the natural consequences of the elimination of the sanctity which once reigned supreme in the Muslim home. It was not possible for Muslims to retain their healthy and holy family – structure with their assimilation by the liberal western culture which in practice shows scant regard for the bond of marriage as a union of piety and holiness.

The evils which have smitten western society and annihilated its soul are now at work in the Ummah and to a large extent have made calamitous inroads in society. It is imperative for Muslims to understand the valuable and vital role which Nikah plays in the development and progress of Muslim society. The efficacy of the Nikah in regard to the achievement of happiness, love and piety is dependent on giving practical expression to the advices, and admonitions of the Sunnah. The marriage will be successful and happy only if it is conducted along the lines chalked out by Islam. Muslims should therefore introduce the ways of Islam into their homes so that the Nikah bond can exercise its impact and effects to bring into greater realization the perfection of Imaan as stated in the Hadith: “Nikah is half of Imaan.”   

Jahez – Dowry Conditions set by the Groom for Marriage

[By Mufti Mohammad Yusuf Danka, Croydon Mosque & Islamic Centre]

In the Name of Allah, the Most Gracious, the Most Merciful.

Allah says in the Holy Qur’an:

And whosoever disobeys Allah and his Messenger and transgresses his limits, Allah will cast him into the Fire, to abide therein; and he shall have a disgraceful torment.’ [Surah An-Nisa s4: v14]

Allah has revealed the ways and limits for every deed and action in this worldly life for those who obey him. This is ordained through the laws revealed in the Qur’an and the Sunnah of the Prophet. That individual who transgresses the boundaries set by the law of Allah and chooses a way other than that of the Prophet Muhammad (sallallaahu alayhi wasallam), he earns for himself nothing but disgrace in this world and in the Hereafter.
 
Jahez is a marriage custom present in this day and age within a minority of the Muslim population, this is commonly practiced amongst people of the indo-pak region. This un-islamic custom is primarily associated with Hinduism. The custom of Jahez is such that prior to marriage, the groom makes exceeding and unacceptable financial demands on the bride’s family as a condition of marrying their daughter (a form of ‘Male Dowry’). In the light of Shari’ah, such customs are considered as Haraam and despicable, equating it to the worst form of begging.

It is related from Sayyidina Ibn Umar (radhiyallahu anhu) that the Prophet (sallallaahu alayhi wasallam) stated: ‘The person who begs from other people, on the Day of Judgement he will appear amongst the people without any flesh on his face.’ (Meaning he will be humiliated on the Day of Judgement) [Sunan Nisai #2589]

Sayyidina Hakim Ibn Hizam related: ‘On one occasion, I asked something of the Prophet, he gave to me. I then asked of Him again on another occasion, he also gave to me. After giving to me the second time the Prophet stated: ‘O Hakim, all this wealth is seen as good and pleasant, any individual who without greed and desire and without asking of anyone is given wealth, then that is a blessing for him. However, that person who asks with greed and desire for wealth, there will be no blessing in it for him, and the stomachs of such people will never be filled, and the upper hand is better than the lower hand (giving is better than receiving).

Sayyidina Hakim Ibn Hizam (radhiyallahu anhu) states: I replied ‘O Prophet of Allah I swear by Allah that you have been sent as a Prophet with the Truth. From now until the time I die, I will never ask anything of anyone.’ [Sahih Bukhari/Muslim]

Hafiz Ibn Hajar رحمه الله writes:

This companion (Ibn Hizam) of the Prophet attained a very great age of 120 years. His death being in 54 year Hijri. In the time of the Khulafa Rashideen he was offered a fund from Bait ul Maal with which to sustain his home. However, Sayyidina Ibn Hizam (radhiyallahu anhu) never accepted anything from anyone. [Fathul Bari Sharah Bukhari]

In Islam, on the occasion of marriage (Nikah) it has been made compulsory upon the groom that he gives Haq Mahr (dowry) to his wife to be. It is also in a Hadith of the Prophet ‘that individual who does not pay his wife’s Mahr and dies in that state, then from his wealth the dowry should be paid, in addition the wife must also be granted her lawful inheritance.’ [Sunan Ibn Majah #1891]

People who demand Jahez are principally demanding something which is considered Haraam. These are the same people who for gaining respect and honour on the occasion of Nikah, keep the value of the dowry of the bride at such a high level, knowing fully well that they will never be able to fulfil such a commitment. On many occasions, they have no intention of paying any such dowry, regardless of what is written at the Nikah. After marriage, they threaten and trouble the wife, to get the condition of dowry cancelled. The wife under duress is made to forgive her husband from paying dowry. The Scholars have stated that such circumstances are unacceptable and unjust. [Durr Mukhtar/ Fatawa
Rahimiyah vol 5, p269]

In Sunan Bayhaqi the Prophet (sallallaahu alayhi wasallam) is reported to have stated: ‘The most blessed of marriages are those where there is the least amount of effort and most ease and the least expenses.’

There are three ways in which Jahez is commonly demanded:

1. Directly demanding and setting conditions for the in-laws to meet.

2. To request certain conditions through indication in speech and actions.

3. To deceive when marrying into a family with the intention to attain some worldly benefit. If on the occasion of marriage something is not attained, then to cause Fitnah and/ or threaten to break the marriage off.

Many parents to get their daughters married, go down the road of obtaining loans from people, getting interest based loans from banks, utilising their life savings and even selling their homes. All of this, just in the desire to get their daughter married will be un-islamic. Even then, the groom and his family are not satisfied and torment and trouble the bride that has come into their home and on occasions, we even hear stories of physical abuse.

In a country such as India, which proclaims the highest levels of equality and human rights, the newspapers are filled daily with accounts of women being killed due to Jahez. And on many occasions, it is the family of the groom that are responsible for the death of the women. On other occasions, the women become so demoralised and distraught by the tormenting of their in laws that they commit suicide.

On the occasion of the Nikah of Sayyidah Fatima (radhiyallahu anha) the Prophet Muhammad (sallallaahu alayhi wasallam) gave her as gifts: a blanket filled with date palm leaves, a leather pillow and a clay water pot. [Sunan Nisai #3389]

The Prophet Muhammad (sallallaahu alayhi wasallam) was the guardian of both Sayyidina Ali and Sayyidah Fatima (radhiyallahu anhuma). Therefore, Prophet Muhammad (sallallaahu alayhi wasallam) on behalf of Sayyidina Ali (radhiyallahu anhu) made this arrangement so that the obligation of Sayyidina Ali (radhiyallahu anhu) would be fulfilled. There is no proof from the Ahadith that the Prophet did this for any of his other daughters Nikah. There was no tradition of Jahez during the time of Prophet Muhammad (sallallaahu alayhi wasallam), nor during the time of the Sahaabah . [Mariful Hadith vol 7, p30]

Many people try to use the above Hadith to justify the matter of Jahez; this is a form of ignorance and misuse of Hadith. Are the gifts you demand under Jahez in line with that which the Prophet gave his beloved daughter Fatima (radhiyallahu anha)?

The custom of Jahez today is only a custom of the Hindus and nothing else, it has no place in Islam or the Sunnah. Those people who follow these customs are following the ways of the polytheists. In Mishkaat Masabih the Prophet (sallallaahu alayhi wasallam) stated: ‘whosoever follows the ways of a particular people, they will be resurrected with them

The matter does not end here, some Muslim families who practise the custom of Jahez and their father or mother dies. The daughters are disregarded when it comes to inheritance if her marriage was conducted under the custom of Jahez. The girl’s family try to justify this by claiming that they already gave a great deal to her husband on the occasion of her marriage.
 
Sayyidina Anas (radhiyallahu anhu) relates the Prophet (sallallaahu alayhi wasallam) stated: ‘that person who prevents a rightful heir from his or her inheritance, Allah will prevent that person from inheriting Jannah.’ [Sunan Bayhaqi/Ibn Majah #2703/ 2713]

In Jami’ Tirmidhi, Sayyidina Ibn Umar (radhiyallahu anhu) relates the Prophet (sallallaahu alayhi wasallam) stated: ‘That person who has taken someone else’s property is not one of us’.
 
Therefore, those people who practise the custom of Jahez and are troubling their daughters in law due to this, their daughters and sisters are also being troubled elsewhere due to this same custom. Success for Muslims is in living their life according to the laws of Allah and following the ways of his Messenger, for in this there is the great success of this world and the hereafter.

May Allah allow us to bring the complete understanding and practise of the Shari’ah and Sunnah into our lives, Aameen.

The Misyar-Zina Filth of the Salafis

[Majlisul Ulama]

MISYAR IS LEGALIZED prostitution in Saudi Arabia and in other parts of the Arab World, It is a kind of temporary  ‘marriage’ akin to the Shiah practice of Mu’tah notwithstanding certain differences between the two immoral practices.

Zina has been elevated to the status of marriage with the designation of Misyar which means “visiting marriage”. It is an unholy, temporary, promiscuous, clandestine alliance with a woman, in which all the rights of Nikah are denied to the so-called ‘misyar wife’. The only objective of the haraam misyar alliance is sexual gratification. It is in fact legalized prostitution for which the Saudi ‘scholars’ have given the stamp of holiness.

In this unholy promiscuous alliance, the man is absolved of all the obligations of an Islamic  Nikah. The woman has no rights whatsoever. Her only obligation is to live like an animal with the man whenever his sexual instincts constrain him to visit his mistress of misyar. In this haraam relationship regarded as ‘marriage’ by the Saudi ‘scholars’, a man has no responsibilities towards the woman. He does not have to provide her a home, financial support or to spend the night with her. The alliance is one of carnal convenienceto fulfil only at the bestial behest of the man.

The following is a typical application form which a man in search of a clandestine ‘misyar-spouse’ submits to the escort agency which arranges the misyar alliance.

Dear Customer, Please fill out the following form so that we can best serve you.

Remember, we are here to meet all your needs. Our motto is: “All fun, no responsibility.” 

I am seeking a wife between the ages of: (15-20) (21- 25) (26-30) (30-35) (36+) 

Height—— 

Weight——

Complexion—- 

Tribal affiliation (in order of
preference) ————————————— 

Status: Virgin, Divorced (with or without children?) ………………………………… 

Widowed (w or w/o children?) …………….

Next, please mark the following choices so that we may decide which marriage best suits your personal needs. 

I would like a wife who agrees to relinquish the following rights: …….

Right to housing …….

Right to financial support…….

Right to time (spending the night especially)…….

Right to children……..

Right to public announcement of marriage…….

All of the above I would like a wife to meet the following needs:…….

Owns a home or lives with her family…….

Has her own job
…….

Enjoys travelling…….

Speaks English…….

Attractive……. Open minded (to do things my current wife will not do)…….

All of the above. Thank you for your time. The total service fee will be determined by your above choices (Saudi Riyals 5,000 — 15,000). You are required to pay SR 500 to initiate search.” [Arab News 19th August 2006]

The sacred institution of Nikah has been reduced to the level of prostitution. Every aim and object which the Nikah stands for is negated by the corrupt ‘fatwas’ of the Saudi ulama-e-soo’ (evil learned men) who come fully within the glare of the following Hadith of Rasulullah (sallallahu alayhi wasallam): “Verily, I fear for my Ummah the Aimmah-e-Mudhilleen”. That is, scholars of this ilk who mislead the Ummah and pave the path of Jahannum for them. All of these vile misyar alliances of prostitution are clandestine  affairs. The wife of the man and his family are never informed and are not supposed to know of the zina alliance. The very nature of the misyar alliance — the secrecy and the complete annulment of rights, obligations and duties — effectively assigns it into the confines of prostitution.

Prohibiting all kinds of clandestine, haraam relationships such as misyar, mityar, mut’ah, etc., the Qur’aan Majeed states:

And lawful for you besides these
(prohibited classes of women) is that you search with your wealth (other chaste women) for retaining them (in marriage), not for fornication…. (Aayat 24, Nisaa’) 

The abominations of misyar and mut’ah come fully within the scope of the prohibited clandestine alliances of fornication stated in these Qur’aanic verse. The misyar mut’ah alliance is a denial and negation of everything holy for which Nikah stands. The primary motive for the divine injunction of Nikah is procreation of the human race. The misyar-mut’ah evil is the very antithesis of this Divine Motive.

All the rights and respect which Nikah gives rise to are totally eliminated in the unholy Saudi alliance of fornication marketed as lawful misyar. While cohabitation in Nikah is for fulfilment of a Divine Purpose, in the misyar-mut’ah alliance cohabitation is for no reason other than sexual gratification in exactly the same manner in which the lowly beasts give vent to their sexual instincts.

Insaan (the human being) is the noblest of Allah’s creation. He is not expected to degenerate to the level of dogs and asses in the exercise to gratify his natural
sexual instincts. This gratification creates responsibilities which misyar annuls. The woman is not chattel to be discarded at the wayside after the man has satisfied his animal behests. Nikah confers the lofty pedestal of wifehood and motherhood to a woman who is taken into a bond in the Name of Allah Azza Wa Jal. An honourable being taken into custody in Allah’s Name for the attainment of a Divine Goal may not be dumped in the wasteland of the streets after the man has achieved his animal motive of sexual gratification.

Misyar-Mut’ah is an immoral  relationship designed by corrupt deviant ‘scholars’ to satisfy only the animal instinct, while Nikah is divinely-ordained to preserve chastity, moral
purity of body, mind and soul. Precisely for these reasons did Rasulullah (sallallahu alayhi wasallam) say: “Nikah is half of Imaan.”

There is no lofty goal in the immoral aberration of misyar.
Sexual cohabitation is lawful only with wives. But, the idea of wives does not occur in misyar- mut’ah relationships.

These are secret alliances
which are hidden from the male’s family and from the society in which he lives. A horrible consequence of misyar is the generation of fatherless children it spawns.

The callousness of misyar men could be well gauged from the massive and cruel social problem they are creating solely to satisfy their inordinate sexual appetite. While the woman in the misyar alliance is compelled to relinquish all the rights which the holy marital bond guarantees her, at the end of the misyar stint, she sits with the burden of
 unwanted fatherless children.  The immoral man simply disappears.

The Saudi misyar relationship is just as invalid as the Shiah mut’ah alliance. The common factor in both haraam alliances is the intent to strike up a temporary relationship for the attainment of sexual gratification. This is the one and only objective of both immoral institutions. From the very inception of the fraudulent ‘marriage’, the man’s intention is to abandon the woman after he has gratified himself. Therefore the misyar ‘marriage’ is encumbered with the condition of total relinquishment of all rights by the woman. The man enters into this foul union with the mutual agreement that he has no duties and obligations to the woman. The only purpose of the relationship is sexual gratification for a temporary period even though the period may not be verbally specified.

The Saudi Institute of Islamic Religious Law may succeed in the stratagem of self-deception, but Allah Ta’ala cannot be fooled with the technicalities which the corrupt ‘scholars’ mis
-manipulate to serve the carnal appetite of men who are totally bereft of every vestige of Taqwa. A family life is an imperative requisite of the holy institution of Nikah while the Saudi immoral practice of misyar has no scope for the cultivation of a family life. Saudi ‘scholars’ present some truly ridiculous arguments to justify misyar. They are at pains in the exercise of comparing misyar with Nikah (marriage). Their conclusion is that just as certain acts do not invalidate Nikah, so too they do not invalidate misyar. This conclusion presupposes that  misyar is an institution apart from Nikah. But there is no such thing as misyar in the Shariah. If misyar was just another name for Nikah, there would not have been the need to laboriously make a comparison between the two institutions in an endeavour
to validate the former on the basis of the latter. It is indeed an insult to Islam to term misyar a marriage union.

The very designation ‘misyar’ given to the unholy alliance testifies that this relationship is not Nikah. ‘Misyar’ means ‘visit’. The man in this union only visits the woman when he has a need to sexually gratify his lust like an animal. Many men who enter misyar alliances stipulate callous conditions such as: “If you become
pregnant, you are divorced.” “If knowledge of the marriage becomes known, you are divorced.” Viewed from every angle, misyar is not Nikah. It is a haraam immoral relationship of zina. Misyar has become a widely prevalent practice in Arab countries. It is increasingly gaining acceptance for two reasons:

(1) The stamp of legality accorded to misyar by the Saudi liberal scholars who lack true knowledge of the Shariah.

(2) Man’s insatiable sexual lust.

Although there are some differences between Saudi misyar and Shiah mut’ah, both are evil, immoral, haraam practices which have neither origin nor sanction in Islam.