ISLAMIC LAW-AN INTRODUCTION

Assalam oalaikum,

Irrespective of the place where we live, whether it is a dar-al-harb (non-Muslim land) or dar-al-Islam (Islamic country), we often find that our Muslim brethren say, ‘This is not allowed in Shariah’. Or this is in accordance with the Shariah. Every Muslim is aware about the term Shariah.
In this blog, I shall delve more deeply into the topic of Shariah as it the first and foremost duty of every practicing Muslim to know about Shariah (Islamic Law) because each one of us has to ultimately appear in the Court of Allah (SWT) on the Day of Judgment.

We all have oft heard that ‘Islam is not just a religion but a way of life’. Likewise, Shariah, which is the Islamic Law, also encompasses each and every sphere of a Muslim’s life. Shariah Law can be used to solve every problem under the sun, whether it is private, such as personal hygiene, marriage etc or public, such as International disputes, crime, conflicts or war related.

The Shariah Law is primarily based on the Word of Allah (swt), i.e. the Holy Quran. At this point it would be essential to discuss about the term Ahkam, which is the plural form of Hukum. Ahkam can be defined as a ruling, command, injunction or judgment. The Commands or Ahkam of the Holy Quran are the main source of Shariah. The Quranic verses with legal connotations provide a code of conduct for every Muslim and they help in distinguishing the lawful (halal) from the unlawful (haram).

The knowledge of the Sunnah of the prophet (saw), which is the secondary source of the Shariah, is essential for a proper understanding of the Quranic rulings. This is because the Sunnah provides us with additional information and explanation about the Quranic teachings.
Allah (swt) says in the Holy Quran: ‘Certainly did Allah confer (great) favor upon the Muslims when He sent amongst them a Messenger from themselves, reciting to them His verses and purifying them and teaching them the Book and wisdom, although they had been before in manifest error’.  (TMQ: 3:164).

In the next post, I shall discuss about the sources of Shariah Law in detail.

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SOURCES OF THE ISLAMIC LAW

Assalam oalaikum,

The main source of the Islamic Law is the Holy Quran. The Law of the Quran is undoubtedly final and binding and nobody can challenge it because the Quranic injunctions are meant for all times and places.
A Quranic verse is categorized as legal when it contains a hukum or a command. The verses of the Quran which deal with legal or practical issues are known as Ayaat-al-Ahkam (legal verses). The command or hukum may be mentioned, in such verses, in a non-legal context too.

The Ayaat –al-Ahkaam can be grouped in 3 categories:
The Ahkaam I’tiqaadiyah or the verses which are related to faith/belief
The Ahkaam Akhlaaqiyah or the verses which are related to morality and
The Ahkaam Amalliyah or the verses which are related to practical legal rulings

The primary objective of the Islamic Law is mercy. Therefore, the fundamental tendency of the Quranic rulings was to favor the downtrodden and underprivileged sections of the society.

The second source of the Islamic Law is the Sunnah of the Prophet (saw), which comprises of his recommendations, practices and rulings. The conciseness of the Holy Quran on certain points is elaborated by the Sunnah. For instance, though the Holy Quran has commanded to give zakat but the details about zakat are found in the Sunnah.

There are some non-revealed sources of Islamic Law too, such as:
Ijtihad or juristic reasoning
Qiyas or analogical reasoning
Istehsan or juristic preference
Istislah or consideration of public interests
Ijma or a general consensus of the learned

Whatever be the non-revealed source of Islamic law, it will be taken as valid only if it is based on the Quran.
For instance, riba or interest has been strictly forbidden by the Quran. In the present times, there are many riba- based practices which are quite rampant in the society, namely-credit cards; loans taken on interest and insurance contracts. When a question arises in the mind of a Muslim about the lawfulness of a credit card, for example, it is the duty of a mufti to guide such a person in the light of the Quran and Sunnah and not according to the prevalent practices in the society. This is because the Quranic injunctions are unchallengeable, constant and are applicable in all times. They are not meant to be altered, adapted or modified to suit any change in the society.

Abd-al-Rahman-Ibn-abi-laila, a renowned Shariah scholar has said that, ‘I was able to meet 120 Sahabas (ra) who were asked some Shariah related questions, seeking a decree from them. Instead of delivering a ruling on the issues themselves they pointed towards other Sahabas (ra) (to deliver a ruling). They felt frightened that if in case their verdict was wrong then they would be held responsible for it before Allah (swt)’.
So even though the 120 Sahabas (ra) were brimming with Islamic knowledge and were qualified to issue a fatwa, yet they were hesitant to do so.

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THE PRIMARY GOAL OF ISLAMIC LAW

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Islam aims to create an egalitarian society by bridging the gap between the rich and the poor. Islam is based on the principles of justice, tolerance, peace; equality and fraternity. The concept of zakaah in Islam is also meant to bring about equality in the society.
Prophet Mohammad (saw)’ said, ‘The Most Merciful shows mercy towards those who show mercy towards others. Show mercy towards those on earth so that the Creator will show Mercy towards you’.

The Islamic Law is also based on the high ideals of mercy and compassion. The primary goal of the Islamic Law is mercy or the benefit of the society.
The critics of the Shariah try to show that the Islamic Law is cruel and harsh. The law on robbery, i.e. amputation of the hands of the thief has been much criticized as being too stringent. They claim that the Islamic law does not pay heed to the motive of the theft. The thief would not have necessarily stolen something out of mischief. He could have stolen out of necessity too. So amputating a man’s hand who is on the brink of poverty and who tries to steal food to satiate his hunger is sheer cruelty and gross injustice. However, the stringent Islamic laws are meant to deter crime in the society. After all who would like to live in a society with a high crime rate?
As far as the criticism of amputating the hands of a thief is concerned the critics very conveniently forget to mention the incident in which a thief was caught stealing during a famine. On Hazrat Umar (ra)’s command the thief was left scot-free on the grounds that he had stolen in order to protect him self from starvation.
Allah (swt) has shown Mercy and Forgiveness towards those who repent for their sins. The strict laws are meant only for those criminals who do not repent for their sins. Such compulsive criminals can not only rob innocent people of their wealth but also rob them of their sense of security and peace of mind.

Allah (swt) says in the Holy Quran:
“(As for) the thief, male or female, amputate their hands in recompense for what they committed as a deterrent (punishment) from Allah. And Allah is Exalted in Might and in Wisdom. But whoever repents after his wrong doing and reforms indeed, Allah will turn to him in forgiveness. Indeed, Allah is Forgiving and Merciful”. (TMQ- 5: 38& 39)

Here I would also like to mention about a hadith which echoes the Forgiving nature of Allah (swt):

Ibn Masud narrates that Prophet Mohammad (saw) said, ‘Allah is more delighted by the repentance of His servant than one of you would be, who suddenly finds his camel laden with supplies after losing it in barren land’. (Al-Bukhari#6308)

Thus, this discussion shows that there is no room for doubt about the soundness and practicality of the Islamic Law. Moreover, it becomes amply clear that the arguments pertaining to the harshness of the Islamic Law do not hold any water.

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ISLAM’S STAND ON ZINA

Assalam oalaikum,


Before we delve into this topic let us first understand the meaning of zina. The Islamic Law defines zina as illegitimate sexual intercourse between two people who are not married to each other. This implies that the term zina includes extra-marital sex as well as pre-marital sex.
In Islam, sex out of wedlock or fornication is haram. Sexual intercourse in a marriage is a sacred act which leads to reproduction. It is by no means a fun-filled, leisure activity. Therefore, casual sex is out of question in Islam.
Islam understands that sexual urges may arise during the stage of puberty, so marriage is permitted at the earliest.
If a person is in dire need of money then the legitimate way for him to obtain it is by working for it. Fulfilling one’s monetary needs by robbing is haram. Likewise, the legitimate way to satisfy one’s sexual desires is via marriage. Having sex out of wedlock, to satisfy one’s sexual urges, is haram. It can tear apart the moral fabric of the society and lead to ethical decadence. It also affects the institution of marriage. Live-in relationships are a glaring example.

The harms of zina are manifold, as such. Hence, it has been strictly condemned by Islam. The person who indulges in zina earns the wrath of Allah (swt) and gets deprived of His Mercy and Blessings. Such a person not only spoils his aakhrah but also spreads evil in the society. Birth of illegitimate off springs and spread of sexually transmitted diseases are some of the outrageous consequences of this illicit practice. Islam encourages stable family life and strong marital bonds whereas extra-marital sex is a sheer betrayal of trust.
Islam has laid down the code of conduct for its followers in the Holy Quran and the Sunnah of the Prophet (saw). Whosoever deviates from the Islamic code of conduct, is likely to get punished.
In my next post, I shall discuss about the Islamic Law on zina.

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ISLAMIC LAW ON ZINA

Assalam oalaikum,

The Holy Quran has categorically ordered the people to abstain from zina or unlawful sex. Allah (swt) says in the Holy Quran:

“And do not come near to the unlawful sexual intercourse. Indeed it is ever an immorality and is evil as a way” (TQM-17:32)

Allah (swt) has commanded the adulterers to be punished severely in the Holy Quran.

“The (unmarried) woman or the (unmarried) man found guilty of sexual intercourse-punish each one of them with a hundred lashes and do not be taken by pity for them in the religion of Allah, if you should believe in Allah and the Last Day. And let a group of believers witness their punishment.” (TMQ-24:2)
“After a slave women gets married and then becomes guilty of adultery, her punishment is half that a free woman”. (TMQ-4:25)

The ahadith also echo the same views on zina.
Hazrat Anas (ra) reported that Prophet Mohammad (saw) said, “The Iman is like a dress with which Allah clothes whomsoever he wishes. If a person commits zina, this dress is snatched away and if he repents it is again returned.” (Kitab-ul-Kabair)
It is reported that Prophet Mohammad (saw) one said, “O, Muslims, fear zina as it has six results, three in this world and three in the world here after. As for the worldly consequences the Noor vanishes from the face of the adulterer, his/her life gets shortened and the person gets poverty-stricken. As for the world hereafter, it causes Allah’s displeasure, difficult reckoning and it obligates the punishment of Hell” (Kitab-ul Kabair)

The severe punishment for zina is meant to serve as a deterrent to the others. The punishment can help others to understand the gravity of the sin. It would, therefore, dissuade them from indulging in such obscenity which spoils one’s lineage and spreads moral decadence and diseases in the society.
It is evident from the verse 4:25 that the Islamic Law for zina has been framed while keeping in mind the background, circumstances and the social conditioning of the adulterer.

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ISLAMIC LAW ON HIGHWAY ROBBERY

Assalam oalaikum,


Islam abhors highway robberies which is quite evident from the following Quranic verses:
”What! Do you come to the males and commit robbery on the highways and you commit evil deeds in your gatherings? But nothing was the answer of the people except that they said, ‘Bring us on Allah’s punishment if you are one of the truthful”. (TMQ-29:29)
“And do not lie in wait in every path, threatening and turning away from Allah’s way him who believes in Him and seeking to make it crooked and remember when you were few He multiplied you and consider what the end of the mischief- makers was. (TMQ-7:86)

The above mentioned verse shows that the Quran imposes restrictions on those people who try to create mischief by sitting in the way of people and trying to harm them in more than one way. Such miscreants try to seize the clothes of the travelers or try to extort money from them.
The Holy Quran has commanded severe punishment for such highway robbers because they create disorder in the land, kill people and rob them of their wealth. Since such miscreants tend to threaten the security of the society so inflicting a mild punishment on them would not suffice. Hence, Allah (swt), the All-Knowing has commanded severe punishment for those who commit the crime of highway robbers so that it serves as a deterrent for others.
The Arabic word for piracy is hirabah and those who commit such a crime are called maharbeen. The Quranic verse which deals with the punishment for such highway robbers is called as Ayat-e-Mahariba (5:33).
It says:
“Indeed the penalty for those who wage war against Allah and His Messenger and strive upon earth (to cause) corruption is none but that they be killed or crucified or their hands and feet be cut off from opposite sides or they be exiled from the land. That is for them a disgrace in this world and for them in the Hereafter is a great punishment”.

However for those who repent for their sins Allah (swt) is All-forgiving and Merciful. In the next verse, i.e. 5:34 Allah (swt) says,
“Except for those who return (repenting) before you apprehend them. And know that Allah (swt) is Forgiving and Merciful”.
This verse means that the people who repent and pledge allegiance to the Islamic laws, before getting overpowered or arrested by the authorities, should be forgiven.
The judge can punish the highway robbers according to the guidelines mentioned in the ayat-e-maharibah, and by considering the gravity of the crime committed by them.

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ISLAMIC STAND ON QISAS

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The Arabic word qisas means equal retaliation/revenge. Before we discuss about this term in the light of Islam let us first delve into history so that we may understand the Islamic law on qisas better.

During the period of Jahilliyah lawlessness prevailed in the Arab society. The powerful tribes used to oppress the weaker ones and they used to take revenge mercilessly. If a man from a powerful tribe got killed by someone from a weak tribe, his tribesmen used to avenge his death by killing numerous innocent people from the weak tribe. Sometimes they used to go to the extent of destroying the entire tribe. In case a woman from a powerful tribe got killed by a person from a weak tribe, they used to avenge her death by killing a man from the weak tribe and if a slave was killed they used to avenge his death by killing a free man from the enemy’s tribe. In other words, there was a state of anarchy during that period which was ultimately put to an end by the advent of Islam.

Islam replaced the unfair and unequal ways of taking revenge with the law of qisas (law on equality in punishment). Allah (swt) commanded in the Holy Quran that it is only the murderer himself who will get killed by the victim’s heirs, according to the law on qisas. For example, if the criminal is a free man, then that particular free man will be killed in qisas or if the criminal is a slave then that particular slave will be killed in qisas. So these examples make it clear that the law on qisas is based on equality. The high social position of a criminal cannot possibly shield him from getting killed by the heirs of the victim.
In my next post I shall discuss about the Quranic verses on which the law of qisas is based and the Divine wisdom behind this law.

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ISLAMIC LAW ON QISAS

Assalam oalaikum,

In my previous post I have discussed about the historical background of the law of qisas. There are several verses in the Holy Quran which are related to qisas. Some of them mention about it generally whereas some others form the base of the Islamic law on qisas.

“O you who believe! Al-Qisas (the law of equality in punishment) is prescribed for you in case of murder, the free for free, the slave for slave and the female for the female. However, if the killer is forgiven by the brother or the relatives of the killed against blood money then adhering to it with fairness and payment of the blood money to the heir should be made with justice. This is alleviation and a Mercy from your Lord. So after this whoever transgresses the limits (i.e. the killer after taking the blood money) he shall have a painful torment.” (TMQ- 2:178)
“And there is life for you in al-qisas, O men of understanding, that you may acquire taqwa.” (TMQ-2:179)
“Nor take life which Allah has made sacred, except for the just cause. And if anyone is slain wrongfully, we have given his heir authority (to demand qisas or to forgive) but let him not exceed bounds in the matter of taking life, for he is helped (by the law).                                                       (TMQ-17:33)
“The sacred month is for the sacred month and for the prohibited things there is the law of equality (qisas)”. (TMQ-2:194)

In an exemplary display of equality and justice, Islam grants the heirs of the person killed with the options of either settling the scores with the murderer by killing him to satisfy their personal vendetta or by forgiving him against blood money (diyaah) from them.
The law of killing the murderer serves as a deterrent to prevent further blood shed in the society because it becomes amply clear that whoever contemplates killing someone will run the risk of losing his own life at the hands on the victim’s heir.
It is the duty of each one of us to understand that the Divine Law of qisas is full of wisdom and it aims to preserve life on earth by preventing bloodshed in the society.

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THE ISLAMIC LAW ON THEFT

Assalam oalaikum,

Allah (swt) says in the Holy Quran:
“(As for) the thief, male or female, amputate their hands in recompense for what they committed as a deterrent (punishment) from Allah. And Allah is Exalted in Might and in Wisdom. But whoever repents after his wrong doing and reforms indeed, Allah will turn to him in forgiveness. Indeed, Allah is Forgiving and Merciful”. (TMQ- 5:38& 39)
So according to this verse the Islamic ruling for theft is amputation of the hands. Besides this, the door of tawba/forgiveness is always open for those who repent their sins before Allah (swt) because Allah (swt) is All-forgiving and Merciful.

 Here I would like to mention some ahadith which provide us with detailed information regarding the Islamic law on theft.

Hazrat Ayesha (ra) reported that Allah’s Messenger (saw) said, “The hands of a thief should not be cut off for less than a quarter Dinars”. (Sahih-al- Bukhari)

According to this authentic hadith the hands of a thief should be amputated if he has stolen something which costs a quarter Dinar or above. So a quarter Dinar or 3 Dirhams (1 Dinar equals to 12 Dirhams) has been specified as the amount over which the thief’s hands will be amputated.

Imam Ahmed recorded that Abdullah Bin Amr said, “A woman had stolen something during the time of the Prophet (saw) and the people whose items she stole brought her before the Prophet (saw) and said ‘O Allah’s Messenger, this woman stole from us”. Her people said, “We ransom her but Prophet Mohammad (saw) said, “Cut off her hand”. On hearing this, her people offered a ransom of 500 Dinars but Prophet Mohammad (saw) did not relent. Consequently the woman’s right hand was amputated following which she asked Prophet Mohammad (saw), “O Messenger of Allah! Is there a chance for me to repent? Prophet Mohammad (saw) replied, “Yes, this day you are free from your sin just as the day when your mother gave birth to you”.
Like verse 5”39 this ahadith also states that Allah (swt) has kept the doors of tawba open for those who repent. However, this hadith also sheds light on another important factor regarding the law on theft. The lady mentioned in this hadith belonged to the Mazhkum tribe and her story as narrated by Hazrat Ayesha (ra) is as follows:
“The theft committed by the Mazhkumiya lady, during the battle of the conquest of Mecca, had made the Quraiysh anxious. They said, “Nobody can talk to Allah’s Messenger about the woman’s issue. They said, “Who dares talk to Allah’s Messenger besides Usamah bin Zaid, his loved one”. Finally Usamah bin Zaid spoke to Prophet Mohammad (saw) when the woman was brought before him. Prophet Mohammad (saw)’s turned red with anger on hearing to Usamah and he asked Usamah, “Do you intercede in the punishment prescribed by Allah?” That night the Prophet (saw) stood up and addressed the people. He said, “Those who were before you were destroyed because when a respectable person amongst them stole, they used to leave him scot-free. But when a weak person stole something they used to punish him. By Him in whose hand is my soul! If Fatima, the daughter of Mohammad, steals, I shall have her hand amputated.”
This hadith shows that the Islamic Laws are based on justice and equality. They do not distinguish between a rich criminal and a poor one. The law is the same for all. The Islamic law on theft is Divine and hence full of wisdom. Cutting off the hand of the thief (for stealing such a meager amount) acts as a deterrent for others in the society and thus, prevents the spread of corruption.

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THE ISLAMIC LAW REGARDING ORPHANS

Assalam oalaikum,

The Islamic definition of an orphan is a child, whether male or female, whose father passes away before the child reaches puberty.  Generally speaking, such children can face hardships in life and they would be in a vulnerable situation. Therefore, they require care, nurturing, protection and guidance for their growth and development.

As I have discussed earlier, the primary objective of the Islamic Law is mercy and the betterment of the society. Therefore, the Holy Quran has laid down guidelines for the protection of orphans so that they can also be able to lead a normal life, instead of getting sidelined from the society.
Prophet Mohammad (saw) has also championed the cause of the oppressed sections of the society such as the poor, orphans and widows.

Allah (swt) says in the Quran:
“Have you seen the one who rejects (the true spirit) of religion? That is he who repels the orphan. They do not encourage the feeding of the poor. Woe to you worshippers! Those who pray yet are heedless. Who only pray to be seen (by men). But neglect even neighborly deeds. (TMS, 107:1-7)

This verse shows that the one who does not show mercy towards orphans is not following the true spirit of Islam.

Allah (swt) says in verse 17:34.
“Come not nigh to an orphan’s property except to improve it, until he attains the age of maturity. And fulfill (every) commitment. Indeed every commitment is ever (that about which one will be) questioned.
In this verse Quran strictly prohibits the dastardly act of usurping the wealth of an orphan. If a person tries to get involved with an orphan’s property it should be with an honest intention and not to seize it.
Despite being warned by Allah (swt) in verse 17:34 if a person still commits the sin of usurping an orphan’s property, then they should get prepared to face a severe punishment which has been described in verse 4:10 as follows:
“Those who unjustly usurp the property of orphans, eat up a fire into their own bodies. They will soon be enduring a blazing fire.”
Thus, in a nutshell we find that the Holy Quran encourages the Muslims to adopt an attitude of mercy towards the orphans. The Quran warns us against seizing the property which rightfully belongs to the orphans and warns the Muslims of a severe punishment if they do so out of greed. The guardian of an orphan is supposed to manage and preserve the orphan’s wealth till the orphan comes of age. The wealth should be invested in such trades in which it can multiply. The guardian is not supposed to squander the orphan’s wealth.
In my next post I shall discuss about the ahadith which further elaborate the Islamic law on the issue regarding orphans.

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THE SAYINGS OF THE PROPHET (SAW) REGARDING THE ORPHANS

Assalam oalaikum,

The sayings of the Prophet (saw) mentioned below can give us a fair idea that Islam has greatly emphasized on protecting the wealth of the orphans and safeguarding their rights.

Abu Huraira (ra) reported that a man said to Prophet Mohammad (saw) that he is hard-hearted and wanted to get rid of his bad trait. On hearing this Prophet Mohammad (saw) replied, “Show affection towards the orphans and feed the poor.”
Abu Huraira (ra) reported that Prophet Mohammad (saw) said, “Whoever caresses the head of an orphans in affection, solely for the goodwill of Allah, a good deed will be written in his account for every hair over which he passes his hair and whoever treats an orphan, whether girl or boy with kindness, he and I will be close to each other in heaven as these two fingers.” While saying this Prophet Mohammad (saw) made a gesture with his index and middle fingers to demonstrate his above statement.
Abu Huraira (ra) reported that Prophet Mohammad (saw) said, “The best house amongst the Muslims is the one in which an orphans is well-treated and the worst house is the one in which an orphan is ill-treated. “

So we find that Allah (swt) has placed the responsibility of an orphan on the entire society because they are weak and hence in need of special care for their healthy upbringing. They should be brought up with the same love, affection and support as one would bring up his/ her own child. Trying to satisfy one’s own lust for wealth by usurping an orphan’s wealth unlawfully is uncalled for in a Muslim society and whoever will indulge in such a deviant sin will have to face the wrath of the Creator, Allah (swt) sooner or later.

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THE BACKGROUND OF THE ISLAMIC LAW ON INHERITANCE

Assalam oalaikum,

The inheritance law of Islam is known as Ilm-e-faraid or the science of inheritance shares. It is incumbent on every Muslim to be aware of this law.
Abu Huraira reported that Prophet Mohammad (saw) said, “O Abu Huraira! learn fara’id (the shares of inheritance mentioned in the Quran) and teach it to them. Indeed it is half of the knowledge.” (Sunnan Ibn Majjah 37)
Uqba ibn Amir said, “Learn before people act on supposition”. This statement refers to those who speak based on assumptions.

Islamic tenets are based on equality and justice. So naturally the Islamic law of inheritance is also framed in such a way that the inherited wealth can be distributed in a fair and just manner amongst the beneficiaries. The Islamic law of inheritance has put to an end the malpractices which were prevalent during the pre-Islamic days. During the period of Jahilliyah, the women were denied the right to property. They did not inherit any wealth from their parents or husband, when they died.

Unfortunately, the oppression of women did not end here. After the death of their husband they were treated like a property and their own son used to inherit them, get married to them and even have children from them! This repulsive and cruel custom was also abolished by the Quran in the following verse:
“And marry not the women whom your fathers have married, except what has already passes; this surely is indecent and hateful and it is an evil way”. (TMQ-4:22)

The Islamic laws have uplifted the status of women from the degrading position of a sex-object and a chattel, during Jahillyah, to a respectable status in the Islamic society. The Islamic law on inheritance has empowered women financially and has granted them with a sense of security and dignity.

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THE GUIDLEINES AND SIGNIFICANCE OF MAKING A WILL IN ISLAM

Assalam oalaikum,

The significance of writing a will is evident through the following Quranic verses:

‘It is prescribed for you when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and the next of kin, according to reasonable manners. (This is) a duty upon al-muttaqun or the pious.” (TMQ-2:180)
 “O you who believe, if death approaches any one of you and make a bequest, then take the testimony of just two men of your own folks or two men from outside and if you are traveling through land and the calamity of death befalls you. Detain them both after salaat (namaz), (then) if you are in doubt (about their truthfulness), let them both swear by Allah (saying), “We do not wish any worldly gain in this, even though he (the beneficiary) be our near relative. We shall not hide the Testimony of Allah for then indeed we should be one of the sinful.” (TMQ-5:106)
“If then it gets known that these two had been guilty of sin let two others stand forth in their places, nearest in kin from them amongst those who claim a lawful right. Let them swear by Allah (saying): We affirm that our testimony is truer than that of both of them and that we do not have trespassed (the truth), for then indeed we should be among the wrong-doers.” (TMQ-5:107)
”Thus it is more likely that they will bear true witnesses or fear that after their oaths the oaths (of others) will be taken. So be mindful of your duty (to Allah) and listen (with obedience to him). (TMQ-5:108)

The following hadith also emphasizes the importance of making a will:
“Narrated Abdullah bin Umar that Prophet Mohammad (saw) said, “It is not possible for any Muslim who has something to will to stay for two nights without having his last will and testament written and kept ready with him.” (Sahih al Bukhari)

The above mentioned Quranic verses and hadith have set down the guidelines about making a will. In order to clearly understand the principles of will-making in Islam, we first need to look into the history perspective of these verses.
A trader named Badil-bin-abi-Maryam had traveled to Syria where he fell critically ill and was on the verge of death. He had a few possessions and a silver bowl with him. He gave these items to two Christians and asked them to hand it over to his heirs. He died soon after. On their return, the two Christians sold the silver bowl and distributed the money amongst them. They handed over the remaining items to Badil’s heirs. Badil had kept a letter for his heirs along with his possessions in which there was a list of the items. So his heirs came to know about the missing silver bowl. When the two Christians were asked about the silver bowl they took false oaths. However, their secret got exposed when Badil’s heirs got the information about the trader to whom the two Christians had sold the silver bowl. So Badil’s heirs took an oath against the lying Christians and took back the money of the silver bowl.
In light of this incident, the Quranic law regarding the wills was framed to ensure that the rightful heirs got their due shares. It also ascertains that the two witnesses will not try to tamper with the will and they will fear that if they give false witness then they will be accused of perjury in the society.

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THE QURANIC RULING ON INHERITANCE

Assalam oalaikum,

There are several verses in the Holy Quran related to inheritance. They provide the necessary guidelines for the Islamic rulings on law.
I shall discuss all the relevant verses in this post in a lucid way.
“There is a share for men and there is a share for women from what is left by parents and those nearest relatives, whether the property be small or large-a legal share.”  (TMQ-4:7)
During the Jahilliyah period, the women and children were deprived of their share in inheritance. All the property was inherited by men who used to protect their tribes. In this verse Allah (swt) says the like men, the womenfolk and children will also inherit a portion of the wealth of their parents and relatives.
“And when the relatives and the orphans and the Al-Masakin (the poor) are present at the time of division, give them out of the property and speak to them words of kindness and justice.” (TMQ-4:8)
This verse imparts a very important moral instruction for those who inherit wealth. If the relatives, who may not be entitled to inherit, or orphans and poor people are present at the time of distribution, they should also be granted some of the wealth. The inheritors should speak to them kindly and not arrogantly on seeing wealth come their way.

“And let those (executors and guardian) have the same fear in their minds as they would have for their own, if they had left weak offspring behind. So let them fear Allah and speak right words.” (TMQ-4:9)
Those who inherit wealth are being advised by Allah (swt) in this verse that they should treat the orphans in the same way in which they would like their own children to be treated if they left them behind in this world. Those who are present near the one who is about to die should give the him, i.e. the testator the right advice so that he spends what is due on him, in the way of Allah (swt). If he is wealthy then he should bequeath one-third of his wealth amongst his needy and poor relatives. Or else he can also grant it for some Islamic mission or center so that he may get Allah’s Bounties and Mercy in the Aakhrah. In case the testator is not affluent then it is the responsibility of those present near him to stop him from bequeathing one-third of his property for charity lest his heirs get stuck in the throes of poverty.    

In my next post, I shall discuss the remaining verses related to the law of inheritance, including the Al-Mawarith verses which give us an in-depth explanation regarding the beneficiaries and their shares in inheritance.

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THE ISLAMIC LAW ON INHERITANCE

Assalam oalaikum,


The Holy Quran says:
“Allah instructs you concerning your children: for the male what is equal to the share of two females. However, if there are (only) daughters, two or more, for them is 2-3rd of one’s estate. And if there is only one, for her is half. And for one’s parents each of them is a sixth of his estate if he left children. However, if he did not have any children and his parents (only) inherit from him, then for his mother is one-third. If he had brothers (or sisters) then for his mother is a sixth, after any bequest he (may have) made or debt. Your parents or your children-you know not which one is nearest to you in benefit. (These shares are) an obligation imposed by Allah. Indeed Allah is Knowing and Wise. (TMQ-4:11)

The following principles can be established from the above mentioned verse:
First and foremost, all the debts, expenditure (including the funeral and burial expenses), unpaid zakaah, kaffarah/ compensation for omitted acts of worship and mehar/ bridal money are paid out of the deceased’s estate.
These expenditures are followed by the execution of the will or wasiyah. The testator (one who makes a will) is allowed to make a will in favor of non-heirs. The remaining estate can be divided amongst one’s closest relatives according to the shares fixed by the Quran. The will has to be fulfilled first from the deceased person’s wealth and then the legal heirs can get their share from the wealth.
The Islamic rules regarding the will are that it cannot exceed one-third share of the total wealth and it cannot be given to a person who is already an heir. It also cannot be granted to a fund or activity that is not Shariah-compliant. The following hadith discourages the Muslims to bequest more than one-third of one’s entire wealth for charity: Narrated S’ad ibn-Abi-Waqqaas (ra), “I was stricken by an ailment and was on the verge of death. Prophet Mohammad (saw) came to pay me a visit. I asked, “O Allah’s Messenger! I have lots of property and only a single heir, i.e. my only daughter. So shall I give two-third of my property in charity? Prophet Mohammad (saw) said, ‘No’. Then I asked, “Half of it?” He said, ‘No’. I asked, ‘One-third of it’? He replied, ‘you may do so although one-third is also too much for it is better to leave your offspring wealthy than to leave them poor, asking others for help’. (Sahih-al-Bukhari)
An important principle which is highlighted in this verse is that the share of the son (of the deceased) will be double the share of the daughters. This inequality in the shares between males and females is on account of the fact that Islam bestows on men the responsibility of providing sustenance, protection and security to their womenfolk and definitely they will be able to take on their responsibility in a better way if they are in a sound financial position.
In case a deceased person had only one daughter then she will inherit half of the wealth and if there are two or more daughters then their share will be two-thirds of the wealth.

The Quranic verses provide a basic outline about the inheritance law whereas the minute details have been explained in the ahadith. Professor Almaric Rumsay who has penned a lot of legal books, wrote in one of them that the Muslim law of inheritance comprises, unquestionably, the most elaborate and refined system of rules for the transference of property that is known to the civilized world. Incidentally, the unique Islamic law of inheritance has also served as an impetus in the development of algebra by the medieval Muslims mathematicians.

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WHAT THE HOLY QURAN SAYS ABOUT MARRIAGE

Assalam oalaikum,


Nikah is an Arabic word which means a contract. The Holy Quran has described marriage as a sacred contract or an agreement between a man and his wife.
Allah (swt) says in the Quran:
“And how could you take it when you have gone in unto each other and they have taken from you a solemn covenant:” (TMQ-4:21)
The Quran also says,”
“And one of His signs is that he created mates for you from yourself, that ye may dwell in tranquility with them and He has put love and mercy between your (hearts): verily in that are signs for those who reflect” (TMQ-30:21)
 This verse describes about the love and compassion which Allah (swt) creates between a man and his wife which is dissimilar from mere sexual pleasure. The marital relationship in Islam is much deeper and stronger than a mere sexual bond. The wife is not a maid servant of her husband but a life-partner who stands by her husband through thick and thin and acts as a pillar of strength for him. The marital relationship, as propounded by Islam, is based on love, harmony, mercy and goodwill.
The Holy Quran has described the relationship between a man and his wife in a very beautiful and sublime manner.
‘They (your wives) are your garments and you are a garment for them.” (TMQ-2:187)
This verse shows that Islam places a man and his wife on an equal footing in a marital relationship. The use of the word ‘garment’ speaks volumes about the marriage bond. The fact that a garment is so close to our body that it clings on to it hints at the intimacy that should be present between a man and his wife. Our garments also protect us from the vagaries of weather and bring dignity in our life. Likewise, a man and his wife are also supposed to protect each other and lend dignity to each other.
Prophet Mohammad (saw) said, ‘Nikah (marriage) is my Sunnah and whoever shuns my Sunnah is not my follower’. (Muslim)
For Muslims, marriage is a religious duty and not a lucrative contract which is signed in lure of material gains.
Marriage can shield a person from illegitimate sexual relationships. Narrated Alqama that Prophet Mohammad (saw) said, ‘He who can afford to get married should marry, because it will help him refrain from looking at other women and protect his private parts from committing illicit sexual relations and he who cannot afford to marry should fast because fasting will diminish his sexual urges’. (Bukhari-3:129).
The sacred institution of marriage serves as a tool for the continuation of human race and the protection of the off springs. Therefore Islam vehemently condemns pre-marital sex as it is against the objectives of Islam.
In Islam marriage is also as act of worship. Prophet Mohammad (saw) said, ‘He who marries fulfills half of his religion. Let him fear Allah regarding the remaining half’. (Sahih Bukhari)
So we find that in Islam, marriage is a contract which is structured according to the orders of Allah (swt) and which is blended beautifully with emotions such as love, mercy, and compatibility for the continuation of the human race.

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ISLAMIC MARRIAGE LAWS

Assalam oalaikum,

In verse 2:221 of the Holy Quran, Allah (swt) forbids Muslim men from marrying idolatresses till they do not embrace Islam. The Quran says that a believing slave girl is far better than a free woman who is a polytheist.
It is unlawful for the Muslim men from getting married to their mother, daughters, sisters, paternal aunts, maternal aunts, niece, nephews, foster mother, foster mother’s daughters, mother-in-law, step-daughters (who are under the guardianship of the men) born of their wife with whom the men had sexual intercourse, daughter-in-laws and getting married to two sisters simultaneously. This law which prevents men from getting married to the above-mentioned women is mentioned in 4:23.
In order to understand the rulings mentioned in 4:19, we may first have to delve into the history. During the Jahilliyah period, when a man used to die, his family members used to inherit his widow, along with the other property of the deceased. They would either used to get married to her them self or would get her married to their nephews, without her consent. In fact, there was a custom that the step son would inherit his father’s widow and get married to her. If some other cases they used to force her to a life of widowhood by preventing her from getting married according to her own wish. Another form of cruelty that was inflicted on the women of Jahilliyah was that if a man did not like his wife then he would not divorce her. Instead he would maltreat her to the extent that the wife would herself return to him the dower/meher, so that she could get rid of him. In the verse 4:19, Quran puts an end to these atrocities inflicted on womenfolk. If the wife is foul-mouthed or if she indulges in adultery and disobedience towards her husband then only does Islam permit the man to mistreat his wife so much that she herself tries to take khulla and break the marriage. Otherwise, the Muslim men have been instructed to behave with their wife in a respectful way in this verse. A Muslim man is not expected to hold a grudge against his Muslim wife. If he resents a particular habit of his wife, then he may also be pleased with some other trait of hers. If a man dislikes his wife’s insolence and rebelliousness then he should not rush into divorcing her. Instead he should remain calm and patient. Allah (swt) may grant him with a virtuous child through his wife. Islam, thereby, aims to strengthen the marital bond by instilling in the husband and wife qualities such as love, understanding, patience and mutual respect for each other. Unfortunately, some Muslim men defy these Quranic injunctions and divorce their wives on trivial grounds. By doing so these men actually misuse the right to divorce, which has been granted to them by their religion. This right to divorce is meant to be exercised only under extreme situations in which there is no way out. It is not meant to be exercised impulsively for breaking one’s home, inflicting cruelty on one’s wife or for destroying the future of the children. The inappropriate use of this right by some Muslim men has also affected the image of Islam, adversely.

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QURANIC RULINGS ABOUT MARRIAGE

Assalam oalaikum,

In verse 4:22 of the Holy Quran Allah (swt) has forbidden Muslim men to marry their step- mothers. With this ruling the Quran has brought to an end the cruel and repulsive custom, prevalent in the Jahilliyah period, which allowed men to marry their step-mother after the death of their father.
In order to understand the Quranic ruling mentioned in the verse 4:3 we will have to delve into history. During the Jahilliyah period the guardians of the orphan girls used to get lured by their wealth and beauty into marrying them. However, they would not pay these orphans the dower/meher. So Allah (swt) has forbidden the Muslim men (in verse 4:3) from marrying the orphans if they are not able to behave with them in a just manner. Instead they are free to marry other women. They can marry one, two, three or (maximum) four women, if they want, on the condition that they will behave with all of them in a just manner. Prophet Mohammad (saw) had married more than 4 times. However, the Muslim Ummah is not supposed to emulate the Prophet (saw) in this matter because his marriages are amongst the khasais –e-Mustafa. Hence, if the Muslim men are uncertain about being equitable towards all their wives, so they should marry only once or resort to slave-girls.
In verse 4:4 Allah (saw) has ordered the Muslim men to offer the dower (obligatory bridal money offered to a wife by the husband at the time of their marriage) to their wife willingly. If they part with some of the dower with their own pleasure, then the men can enjoy it with wholesome result.

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MARRIAGE LAWS IN THE HOLY QURAN

Assalam oalaikum,

In verse 4:128 Allah (swt) says that if a women fears cruelty or desertion from her husband’s side then it will not be a sin on the part of the husband or wife if they make a settlement. Making a settlement is the best option. People are usually swayed by greed and selfishness. However, if a person avoids evil and chooses the noble and virtuous path then Allah (swt) is All-Knowing about his good deeds. Hazrat Ummul Mumineen Sooda (ra) had forsaken her opportunity of meeting Prophet Mohammad (saw), due to her old-age. She offered her turn to Hazrat Ayesha (ra) and Prophet Mohammad (saw) had accepted her decision.
In verse 4:129 Allah (swt) says that it is next to impossible for a person to have the same feelings for all his wives, however much he strives or desires for such an equitability in his feelings.  However, Islam does not allow a man to be lenient towards a particular wife and neglect his duties towards his other wives. The emotion of love is not under anyone’s control. Prophet Mohammad (saw) also loved Hazrat Ayesha (ra) more then his other wives. If a person, who does not have the same feelings for all his wives, still behaves responsibly with them in matters such as their maintenance, so this will not be a sin on his part.  Prophet Mohammad (saw) was an excellent example in this regard. Though the prophet (saw) loved one of his wife more that the rest, yet he did not deprive any of his wives of their due rights. He was responsible towards all his wives and never neglected any one of them despite his special feelings for Hazrat Ayesha (ra).  Generally speaking, people snatch the rights of their wives because of their being emotionally attached with only one wife. They put their wives in an awkward situation by neither divorcing them nor giving them their due rights. This is a form of extreme injustice and cruelty towards the women. In verse 4:129 Allah (swt) has forbidden men from doing this sin. Prophet Mohammad (saw) said that if a man has two wives but he behaves dutifully towards only one of them, then such a person will appear on the Day of Judgment with half of his body paralyzed.

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ISLAMIC RULINGS ABOUT MARRIAGE

Assalam oalaikum,

In verse 24:33 Allah (swt) says that the people who lack the financial means of getting married should keep chaste till Allah (swt) makes them independent by His Grace. It has been suggested in the hadith that the person who cannot afford to marry should keep Nafil fasts. The hadith says while addressing the youth that if they can afford, then they should get married in a timely way. This is because the institution of marriage protects a person from zina.  On the other hand, the people who cannot afford to get married are advised to observe fasts because fasting will help them to keep their sexual urges under control.
In 4:34 Allah (swt) says that the men are in charge of their women because Allah (swt) has made the men excel over women and because they spend for the maintenance of women from their wealth. Allah (swt) has made men physically stronger than women. Due to this weakness of women, the burden of making a livelihood has not been placed on their shoulders. The virtuous women are devoutly obedient in their husband’s absence and they guard behind their husband’s back what Allah (swt) would have them guard. If a man fears disobedience from his wife then firstly, he should advise her. If she does not mend her ways then the husband should temporarily stop sleeping with her.  For a wise woman this form of punishment can prove to be quite effective. However, if the wife still resorts to disobedience, then the husband can beat her lightly in order to bring her back to senses. If the woman becomes obedient once again the Allah (swt) has forbidden the husband to find ways of humiliating her, beating her, abusing her or divorcing her. Unfortunately, the Muslim men misuse this right to seek divorce and they rush into divorcing their wife on trivial grounds. Consequently, they end up destroying their own life and also the life of their wife and their children. So a reckless, hasty decision on the part of the men can destroy many lives and patience on the part of men can protect their homes, and thereby their happiness from getting destroyed.
In the next verse, i.e. 4:35 Allah (swt) says that if the three methods of reconciliation mentioned in verse 4:34 prove to be futile then the fourth method is that two judges should be appointed- one from the husband’s people and the other from amongst the wife’s side. If both these judges earnestly desire a reunion between the estranged husband and wife then Allah (swt) will bring them together again. Indeed, Allah (swt) is All-Knowing and Aware.

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RULING ABOUT MARRIAGE WITH ADOPTED SON’S WIFE

A'uzu billahi minashaitanir rajim; Bismillah ir rahman ir rahim

Assalam oalaikum,

In order to fully understand the Quranic injunctions mentioned in verse 33:37 regarding the marriage of a man with his adopted sons’ wives, we may have to delve into the history. This verse had been revealed in context of Hazrat Zainab (ra)’s marriage. Hazrat Zaid bin Harithah (ra) was an Arab but had been forcibly sold as a slave during his childhood. After her marriage with Prophet Mohammad (saw), Hazrat Khadeeja (ra) had gifted Hazrat Zaid to the Prophet (saw). Prophet Mohammad (saw) had freed Hazrat Zaid and adopted him (as his son). Prophet Mohammad (saw) had sent the proposal for his adopted son Zaid to his cousin (paternal aunt’s daughter), named Zainab (ra). Hazrat Zainab (ra) and her brother were hesitant about accepting Hazrat Zaid’s proposal because they belonged to a highly respectable family whereas Hazrat Zaid was a freed slave. In the previous verse, i.e. 33:36 it has been made clear that nobody amongst the Muslims had any right to contravene the decisions made by Allah (swt) and His Messenger (saw). Therefore, Hazrat Zainab agreed to marry Hazrat Zaid. However, Hazrat Zainab and Hazrat Zaid did not get along well because of the difference in the family backgrounds. Hazrat Zaid often discussed about his incompatibility with Hazrat Zainab with Prophet Mohammad (saw) and also contemplated divorcing her. The Prophet (saw) used to dissuade him from divorcing his wife and would advice him to make adjustments in his marital life. At this point, the Prophet (saw) was enlightened by Allah (swt) that the divorce of Hazrat Zaid and Hazrat Zainab is inevitable and after their divorce Hazrat Zainab would become Prophet Mohammad’s (saw) wife. The Divine Order for this marriage had put to an end the custom, which was prevalent during the Jahilliyah, in which the adopted sons were considered to be natural sons.  The verse 4:23 of the Holy Quran has prohibited marriage between a man and the former wives of his son, proceeding from his loins. However, this prohibition is related to a man’s marriage with his natural son’s wives and not to the adopted son’s wives. On the contrary the Jahilliyah custom prohibited the marriages between a man and his adopted son’s former wives. Therefore, the marriage of the Prophet (saw) and Hazrat Zainab (ra) was specifically commanded through a Divine revelation and its goal was to end the pagan belief that the adopted sons were like natural sons and so the wives of the adopted sons were also similar to daughter-in-laws.

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RULINGS ABOUT DOWER AND MENSTRUATION

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In verse 4:20 of the Holy Quran Allah (swt) strictly condemns the married men who contemplate divorcing their wife, from taking back the dower/meher from their wife. Even if they had offered their wife a fortune at the time of the marriage, yet it will be considered to be a grave sin on their part, to take it back.
In the next verse, i.e. 4:21 Allah (swt) explains why it is a sin on the part of the men to take back the dowers by reminding them about the physical proximity that they had shared with their wife. Allah (swt) also reminds them about the solemn covenant or the strong pledge that their wife has taken from them at the time of their marriage, according to which the wife should be retained honorably or set free with full respect.
In verse 2:222 Allah (swt) says to Prophet Mohammad (saw) that when the people ask you about menstruation you tell them that it is filth and the men should avoid sexual intercourse with their wives during their menstruation period. Once their menstrual cycle gets over and the women become hygienic (after taking a bath), their husband can have sexual intercourse with then in a way as Allah (swt) has told them. Allah (swt) likes those who seek His forgiveness and who are clean and pure. The background of this verse is that during the pre-Islamic days, the Jews used to mistreat their wives during their menstruation period. They were treated like untouchables or outcastes. The Jews did not like to mingle with their wives at all during this time. In fact, they even used to stop eating and drinking with them. The Sahabas (ra) asked Prophet Mohammad (saw) regarding this custom. It was in this context that the verse 2:222 was revealed by Allah (swt) in which only sexual intercourse is prohibited with one’s wife during her menstruation period. This verse put to an end the atrocious custom of secluding the wife totally during menstruation.

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THE ILA LAW IN ISLAM

Assalam oalaikum,

As I have discussed earlier, marriage in Islam primarily aims at sexual reproduction for the continuation of the human race. Moreover, marriage in Islam is a solemn covenant or a strong pledge which binds the husband and wife together in a beautiful relationship, based on love, compassion, understanding, mutual respect and care. Through the sacred institution of marriage new families come into being, which form the basic unit of the society. Therefore, the Islamic laws regarding marriage aim at strengthening the marital bond and a breach of the marriage contract is discouraged. However, Islam recognizes the fact that due to unfortunate circumstances problems can creep into a marriage. Therefore Islam has remedied this problem with the Ila law so that a troubled marriage does not have to be continued for ever.
According to the Islamic Ila law, a man can repudiate his marriage by taking an oath of not having any sexual relation with his wife for a maximum period of four months. The term Ila means an oath of ‘abstinence from sexual relationship with one’s wife’ taken by the husband, for a stipulated period of time. Thus, the law dealing with ila /separation in a marriage is the law of Ila. According to this law the husband is given four months time (maximum) during which, though his marriage would continue to be valid, but he will be entitled to live separately from his wife, in a practical sense. In verse 2:226 Allah (swt) says that the people who take an oath about living separately from their wives (due to some mutual differences, altercations etc) will get a 4 month period in which they can abstain from a sexual relationship with their wife. In the meantime, if they change their minds within this period and return to their wives, then Allah (swt) will forgive them as Allah (swt) is All-Forgiving and Merciful. At the end of this stipulated period the estranged couple is given two options. They can either reunite or else they may have to seek a divorce so that they can go ahead and marry a person of their choice. Now let us probe into the historical background of this law in order to understand it better. This law was initiated in order to stop a cruel and offensive practice that was rampant in the Jahilliyah period. During those days, the men were free to divorce their wives at the drop of a hat and reunite with them whenever it suited them. The men had complete freedom to indulge in this evil practice as and when they wished. Consequently, their wives were left dangling as they could neither lead a normal married life and nor could they marry someone else. The Islamic law of Ila brought to an end such atrocities towards the womenfolk.  According to the Islamic ruling mentioned in verse 2:236 of the Holy Quran, if a man takes an oath of living separately from his wife for a month or two and after the stipulated time period he returns to his wife, then he will not have to give any Kuffarah (compensation). However, if a man returns to his wife and resumes his marital life before the end of the stipulated time, he will have to give compensation. On the other hand, if a man takes an oath that he will live separately from his wife for more than four months or if he takes an oath of separation till an indefinite time, then such people have been commanded to change their decision in verse 2:236. In this verse Allah (swt) commands the married men to take an oath for a maximum period of 4 months. After the four month duration they will either have to reunite with their wives or else they may have to divorce them. The men are not supposed to put their wives stranded beyond four months. If a man does not return to his wife at the end of the stipulated period of his oath and neither does he divorce her, then the Shariah court is empowered to force the man to chose any one option, i.e. reunion or divorce so that the women is saved from humiliation and oppression.

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