Easy guide for new muslims7

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بسم الله الرحمان الرحيم
المستــوي السـابع

الكفر
الولاء والبراء
ضوابط المزاح الشرعي
صلاة العيد
الطلاق والخلع

تحريم التباغض والتحاسد
علامة المنافق

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Kufr and its various kinds


Praise be to Allaah.
The reality of kufr and its various kinds is a lengthy topic, but we may sum it up in the following points:

1 – The importance of knowing what kufr is and the forms it may take:

The texts of the Qur’aan and Sunnah indicate that faith is not valid and is not accepted unless two conditions are met – which are what are implied by the testimony that there is no god except Allaah. These two conditions are submission to Allaah alone (Tawheed), and denouncing and shunning all kinds of kufr and shirk.

A person cannot denounce or shun anything unless he knows what it is. From this we understand the importance of knowing what Tawheed is, so that we may act accordingly and attain Tawheed, and knowing what kufr and shirk is so that we may avoid them and steer clear of them.

2 – Definition of kufr:

Kufr in Arabic means covering and concealing something.

In shar’i terminology it means “not believing in Allaah and His Messenger, whether that is accompanied by denial or it is not accompanied by denial but rather doubt, or turning away from faith out of jealousy or arrogance, or because one is following whims and desires that prevent one from following the message. So kufr is the attribute of everyone who rejects something that Allaah has commanded us to believe in, after news of that has reached him, whether he rejects it in his heart without uttering it, or he speaks those words of rejection without believing it in his heart, or he does both; or he does an action which is described in the texts as putting one beyond the pale of faith.” See Majmoo’ al-Fataawa by Shaykh al-Islam Ibn Taymiyah, 12/335; al-Ihkaam fi Usool al-Ahkaam by Ibn Hazam, 1/45.

Ibn Hazam said in his book al-Fasl: “Rejecting something for which there is sound proof that there can be no faith without believing in it is kufr, and uttering words for which there is proof that uttering them is kufr is kufr. Doing any action for which there is proof that it is kufr is also kufr.”

3 – Kinds of major kufr which put one beyond the pale of Islam

The scholars divided kufr into a number of categories, under which they listed many forms and kinds of shirk. These are as follows:

-1- The kufr of denial and rejection. This kufr may sometimes take the form of disbelief in the heart – which occurs rarely among the kuffaar, as Ibn al-Qayyim (may Allaah have mercy on him) said – and sometimes it takes the form of outward or apparent rejection, which means concealing the truth and not submitting to it outwardly, whilst recognizing it and knowing it inwardly, such as the Jews’ rejection of Muhammad (peace and blessings of Allaah be upon him). Allaah says of them (interpretation of the meaning):

“then when there came to them that which they had recognised, they disbelieved in it”[al-Baqarah 2:89]

He also said (interpretation of the meaning]:

“then when there came to them that which they had recognised, they disbelieved in it”

[al-Baqarah 2:146]

That is because rejection only happens which a person knows the truth and refuses it. Hence Allaah stated that the kuffaar’s disbelief in the Messenger (peace and blessings of Allaah be upon him) was not disbelief in the true sense of the word, because their disbelief was only outward and verbal, and inwardly they recognized the truth.

Allaah says (interpretation of the meaning):

“it is not you that they deny, but it is the Verses (the Qur’aan) of Allaah that the Zaalimoon (polytheists and wrongdoers) deny”

[al-An’aam 6:33]

“And they belied them (those Ayaat) wrongfully and arrogantly, though their ownselves were convinced thereof”

[al-Naml 27:14]

Similar to this is the kufr of permitting that which is forbidden. Whoever regards as permissible something which he knows that Islam has forbidden has disbelieved in the Messenger (peace and blessings of Allaah be upon him) and in that which he brought. The same applies to one who forbids something which he knows that Islam has permitted.

-2- The kufr of turning away in arrogance, such as the kufr of Iblees of whom Allaah said:

“… except Iblees (Satan), he refused and was proud and was one of the disbelievers (disobedient to Allaah)”

[al-Baqarah 2:34 – interpretation of the meaning]

And Allaah says (interpretation of the meaning):

“They (hypocrites) say: ‘We have believed in Allaah and in the Messenger (Muhammad), and we obey,’ then a party of them turn away thereafter, such are not believers”

[al-Noor 24:47]

So Allaah has stated that those who do not act in accordance with faith are not believers, even if they utter the words of faith. The kufr of turning away means that one ignores the truth and does not learn it or act in accordance with it, whether it is the matter of words, actions or beliefs. Allaah says (interpretation of the meaning):

“But those who disbelieve, turn away from that whereof they are warned”[al-Ahqaaf 46:3]

Whoever turns away verbally from that which the Messenger has brought is like one who says “I will not follow him.” The one who turns away by his actions is like one who runs away from hearing the truth which he brought, or puts his fingers in his ears so as not to hear, or who hears it but turns away in his heart and refuses to believe, and who refuses to act upon it. He has disbelieved in the sense of the kufr of turning away.

-3- The kufr of hypocrisy. This takes the form of not believing in the heart and not acting, whilst submitting outwardly in order to show off to people. This is like the kufr of Ibn Salool and the other munaafiqeen (hypocrites) of whom Allaah said (interpretation of the meaning):

“And of mankind, there are some (hypocrites) who say: ‘We believe in Allaah and the Last Day,’ while in fact they believe not.

They (think to) deceive Allaah and those who believe, while they only deceive themselves, and perceive (it) not!

In their hearts is a disease (of doubt and hypocrisy) and Allaah has increased their disease. A painful torment is theirs because they used to tell lies.

And when it is said to them: ‘Make not mischief on the earth,’ they say: ‘We are only peacemakers.’

Verily, they are the ones who make mischief, but they perceive not.

And when it is said to them (hypocrites): ‘Believe as the people (followers of Muhammad, Al-Ansaar and Al-Muhajiroon) have believed,’ they say: ‘Shall we believe as the fools have believed?’ Verily, they are the fools, but they know not.

And when they meet those who believe, they say: ‘We believe,’ but when they are alone with their Shayaateen (devils — polytheists, hypocrites), they say: ‘Truly, we are with you; verily, we were but mocking.’

Allaah mocks at them and gives them increase in their wrong-doing to wander blindly.

These are they who have purchased error for guidance, so their commerce was profitless. And they were not guided.

Their likeness is as the likeness of one who kindled a fire; then, when it lighted all around him, Allaah took away their light and left them in darkness. (So) they could not see.

They are deaf, dumb, and blind, so they return not (to the Right Path).

Or like a rainstorm from the sky, wherein is darkness, thunder, and lightning. They thrust their fingers in their ears to keep out the stunning thunderclap for fear of death. But Allaah ever encompasses the disbelievers (i.e. Allaah will gather them all together).

The lightning almost snatches away their sight, whenever it *****es for them, they walk therein, and when darkness covers them, they stand still. And if Allaah willed, He could have taken away their hearing and their sight. Certainly, Allaah has power over all things”

[al-Baqarah 2:8-20]

-4- The kufr of doubt, which means hesitating with regard to following the truth and being uncertain as to whether it is true, because what is required is certainty of faith (yaqeen) that what the Messenger brought is truth with no hint of doubt in it. Whoever thinks that what he brought may not be true has disbelieved, in the sense of kufr of doubt, as Allaah says (interpretation of the meaning):

“And he went into his garden while in a state (of pride and disbelief), unjust to himself. He said: ‘I think not that this will ever perish.

And I think not the Hour will ever come, and if indeed I am brought back to my Lord, (on the Day of Resurrection), I surely, shall find better than this when I return to Him.’

His companion said to him during the talk with him: ‘Do you disbelieve in Him Who created you out of dust (i.e. your father Adam), then out of Nutfah (mixed semen drops of male and female discharge), then fashioned you into a man?

But as for my part, (I believe) that He is Allaah, my Lord, and none shall I associate as partner with my Lord.’”

[al-Kahf 18:35-38]

From this we may conclude that kufr – which is the opposite of eemaan or faith – may take the form of feelings in the heart, such as hating Allaah or His signs, or His Messenger (peace and blessings of Allaah be upon him); this contradicts love and faith which support the actions of the heart. Kufr may also take the form of spoken words, such as insulting Allaah, or it may be an outward action, such as prostrating to idols, or offering sacrifices to someone other than Allaah. Just as faith takes the form of actions of the heart, words on the tongue and outward physical actions, so too kufr may take the form of actions of the heart, words on the tongue and outward physical actions. We ask Allaah to keep us safe from kufr and its branches, and to increase us in faith and make us guided and cause us to guide others… Ameen. And Allaah knows best.

See A’laam al-Sunnah al-Manshoorah, 177; Nawaaqid al-Eemaan al-Qawliyyah wa’l-‘Amaliyyah by Shaykh ‘Abd al-‘Azeez Aal ‘Abd al-Lateef, 36-46; Dawaabit al-Takfeer by Shaykh ‘Abd-Allaah al-Qarani, 183, 196.

Islam Question and Answer - Kufr and its various kinds

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al-Walaa` wal-Baraa

ملاحظة :

The legal meaning of Al-Wala' (love, support, help, follow, etc.) is to totally agree with the sayings, deeds and beliefs which please Allah and the persons whom He likes. In an age where truth is presented as falsehood, righteousness is translated to re

The Definition of Al-Wala'u wa Al-Bara' in the Islamic Belief

The legal meaning of Al-Wala' (love, support, help, follow, etc.) is to totally agree with the sayings, deeds and beliefs which please Allah and the persons whom He likes. Al-Bara' (despise, desert, keep innocent of, etc.) is the complete opposite of Al-Wala' and it is to disagree with everything that Allah hates and condemns. Hence, there are four issues related to the belief in Al-Wala'u wa Al-Bara', those being: the sayings, the deeds, the beliefs and the individual persons. Some of the things that pleases Allah (s.w.t.) are the saying of Dhikr, the deed of Jihad, the belief in His Oneness and the love of the believing person. Backbiting, fornication, Shirk and disbelief are some of the things that are hated by Allah (s.w.t.) and must also be hated by the Believer.

The Rank of the Belief in Al-Wala'u wa Al-Bara'

The belief in Al-Wala'u wa Al-Bara' occupies a meritorious rank in the Islamic Aqeedah. This can be understood from the following reasons:

Al-Wala'u wa Al-Bara' is part of the Shahadah (testimony of faith) that being 'La ilaha' which is the portion from 'La ilaha illallah'. This means to be free and immune from all that is worshiped besides Allah (s.w.t.) as He the Almighty states: "And verily, We have sent among every Ummah (community, nation) a Messenger (proclaiming): 'Worship Allah (alone), and avoid (or keep away from) Taghut (all false deities, ie. do not worship Taghut besides Allah)" (16:36).
The eminent creed of Al-Wala'u wa Al-Bara' is the strongest bond of Iman. Al-Barra' bin A'aazeb (r.a.a.) narrates that the Prophet (s.a.w.) said: "The strongest bond of Iman is the love for Allah's sake and the hatred for Allah's sake" (Reported by Imam Ahmad).
It is one of the basis by which the heart can experience the beauty of Iman and absolute assurance. The Prophet (s.a.w.) said: "Whoever possesses the following three (qualities) will have the sweetness (delight) of faith: The one to whom Allah and His Messenger become dearer than anything else, who loves a person and he loves him only for Allah's sake, and who hates to revert to atheism (disbelief) as he hates to be thrown into the fire". [Bukhary and Muslim]
It is the foundation by which all relationships and dealings in a Muslim community is built upon as described by the Prophet (s.a.w.): "None of you will have faith till he likes for his (Muslim) brother what he likes for himself" (Bukhari), and by Wisdom of the Almighty: "The believers are nothing else than brothers (in Islamic religion)" (49:10).
The great and abundant reward is due to those who are characterised by the love of each other for the sake of Allah (s.w.t.). The Prophet (s.a.w.) articulates: "Those who love me will be (standing) upon pulpits made of light on the day of Resurrection". He (s.a.w.) also said: "There will be seven (categories of people) for whom Allah will Shed (Protect) under His Shade, when there will not be any shade except His", one of those categories is "Two men who loved each other for Allah's sake. They congregate for His Sake, and they separate for His Sake".
It is the most powerful tie or relationship that links between people. Allah (s.w.t.) has given it the precedence and priority over all types of ties by Asserting: "Say: If your fathers, your sons, your brothers, your wives, your kindred, the wealth that you have gained, the commerce in which you fear a decline, and the dwellings in which you delight ... are dearer to you than Allah and His Messenger, and striving hard and fighting in His Cause, then wait until Allah brings about His Decision (torment). And Allah guides not the people who are Fasiqun (the rebellious, disobedient to Allah)" (9:24).
It is by the means of the creed of Al-Wala'u wa Al-Bara' that Allah grants His Walayah (the protection, power, authority and kingdom). Ibn Jareer reports the saying of Ibn Abbas (r.a.a.): "He who loves for Allah's sake and hates for Allah's sake, he who gives Muwalat (support, help, etc.) for Allah's sake and exhibits enmity for Allah's sake, will attain Allah's Walayah".
The relationship of Al-Wala'u wa Al-Bara' will be theonone to remain on the Day of Reckoning as foretold by Allah the All-Knowing: "When those who were followed, disown (declare themselves innocent of) those who followed (them), and they see the torment, then all their relations will be cut off from them" (2:166).
He who loves other than Allah and His Religion and hates Him (s.w.t.), His Religion or followers is a definite disbeliever, "And if any amongst you takes them (Jews and Christians) as Awliya', then surely he is one of them" (5:51).
The Al-Wala'u wa Al-Bara' is an integral part of Iman and is necessary for its perfection. In a Hadith: "He who loves for Allah's pleasure, hates for Allah's pleasure, donates for Allah's sake and deprives for Allah's sake, then that person has perfected his Iman" [Sound Hadith related by Ahmad and Tirmithi] n
References:

The Meaning of the Qur'an, S.Abul A'la Al-Maududi
In the Shade of the Qur'an, Sayyid Qutb

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Conditions of permissible joking


What are the conditions for joking to be permissible?

Praise be to Allaah.
1 – It not should not involve any element of making fun of Islam.

That is one of the things that nullify a person’s Islam. Allaah says (interpretation of the meaning):

“If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’

Make no excuse; you disbelieved after you had believed”

[al-Tawbah 9:65-66]

Ibn Taymiyah (may Allaah have mercy on him) said: “Making fun of Allaah, His Signs and His Messenger is kufr (disbelief) and the one who does that disbelieves thereby after he had believed.”

The same applies to making fun of some Sunnahs, an action which is widespread, such as making fun of the beard and the hijaab, or of shortening one’s garment, etc.

Shaykh Muhammad ibn ‘Uthaymeen said in al-Majmoo’ al-Thameen, 1/63:
“The matters of Divine Lordship, Prophethood, Revelation and religion are sacred matters which are to be venerated. It is not permissible for anyone to show disrespect towards them, whether by mocking them to make others laugh or to poke fun at them. If anyone does that, he is a kaafir, because this is indicative of his disrespect towards Allaah and His Messengers, Books and Laws. Whoever does that has to repent to Allaah for what he has done, because that is a kind of hypocrisy. So he has to repent to Allaah, seek His forgiveness, mend his ways and develop fear of Allaah, veneration towards Him and love for Him in his heart. And Allaah is the Source of strength.

[COLOR="rgb(105, 105, 105)"]2 – The jokes should only be truthful.
[/COLOR]
The Prophet (peace and blessings of Allaah be upon him) said: “Woe to the one who tells lies to make people laugh, woe to him.” (Narrated by Abu Dawood).

The Prophet (peace and blessings of Allaah be upon him) said, warning against this kind of behaviour which some jokers are accustomed to: “A man may say something to make his companions laugh, and he will fall into Hell as far as the Pleiades because of it.” (Narrated by Ahmad).

3 – Not scaring people

Especially those who are very energetic or strong, or who are holding a weapon or a piece of iron, or who take advantage of the darkness and people’s weakness to use that as a means of scaring and alarming them. It was narrated that Abu Layla said: “The companions of Muhammad (peace and blessings of Allaah be upon him) said that they were travelling with the Prophet (peace and blessings of Allaah be upon him), and a man among them fell asleep. Some of them got a rope and tied him up, and he got scared. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘It is not permissible for a Muslim to frighten another Muslim.’” (Narrated by Abu Dawood).

4 – Mocking people by winking behind their backs or making snide remarks

People vary in their ability to understand things and in their characters. Some weak people, those who like to make fun of others and wink behind their backs or make snide remarks, may find a person to be an object of fun for them and the butt of their jokes – Allaah forbid. Allaah has forbidden such behaviour in the aayah (interpretation of the meaning):

“O you who believe! Let not a group scoff at another group, it may be that the latter are better than the former. Nor let (some) women scoff at other women, it may be that the latter are better than the former. Nor defame one another, nor insult one another by nicknames. How bad is it to insult one’s brother after having Faith”

[al-Hujuraat 49:11]

Ibn Katheer said in his Tafseer: “What is meant here is looking down on them, belittling them or making fun of them. This is haraam and is counted as one of the characteristics of the hypocrites.”

Some people make fun of a person’s appearance, manner of walking or vehicle. But there is the fear that Allaah may requite the one who makes fun of others because of that. The Prophet (peace and blessings of Allaah be upon him) said, “Do not express malicious joy towards your brother’s misfortune, for Allaah may have mercy on him and you may be stricken by the thing you made fun of.” (Narrated by al-Tirmidhi).

The Prophet (peace and blessings of Allaah be upon him) warned against mocking people and hurting their feelings, because that is the path that leads to hatred and grudges. He (peace and blessings of Allaah be upon him) said: “The Muslim is the brother of another Muslim, he does not wrong him, let him down or look down upon him. Taqwa (piety, awareness and fear of Allaah) is here” – and he pointed to his chest three times – “It is sufficient evil for a man to look down upon his Muslim brother. Every Muslim is sacred to another Muslim, his blood, his property and his honour.” (Narrated by Muslim)

5 – The jokes should not be excessive.

Some people joke too much and it becomes a habit for them. This is the opposite of the serious nature which is the characteristic of the believers. Joking is a break, a rest from ongoing seriousness and striving; it is a little relaxation for the soul. ‘Umar ibn ‘Abd al-‘Azeez (may Allaah have mercy on him) said: “Fear joking, for it is folly and generates grudges.”

Imaam al-Nawawi (may Allaah have mercy on him) said: “The kind of joking which is forbidden is that which is excessive and persistent, for it leads to too much laughter and hardening of the heart, it distracts from remembrance of Allaah, and it often leads to hurt feelings, generates hatred and causes people to lose respect and dignity. But whoever is safe from such dangers, then that which the Messenger of Allaah (peace and blessings of Allaah be upon him) used to do is permissible for him.”

6 – Acknowledging people’s status

Some people may joke with everyone indiscriminately, but scholars and the elderly have rights, so you have to be aware of the character of the person with whom you are dealing. You should not joke with ignorant people, fools or people whom you do not know.

With regard to this matter, ‘Umar ibn ‘Abd al-‘Azeez said: “Fear joking, for it undermines chivalry and manliness.”

Sa’d ibn Abi Waqqaas said: “Set a limit to your jokes, for going to extremes makes you lose respect and incites the foolish against you.”

7 – The amount of joking should be like the amount of salt in one’s food.

The Prophet (peace and blessings of Allaah be upon him) said: “Do not laugh too much, for laughing too much deadens the heart.” (Saheeh al-Jaami’, 7312)

‘Umar ibn al-Khattaab (may Allaah be pleased with him) said: “Whoever laughs too much or jokes too much loses respect, and whoever persists in doing something will be known for it.”

So beware of joking, for it “causes a person to lose face after he was thought of as respectable, and it brings him humiliation after esteem.”

8 – It should not involve backbiting.

This is a foul sickness. Some people think that they can talk about others, and say that this is by way of joking, but it is included in the hadeeth of the Prophet (peace and blessings of Allaah be upon him), “[Backbiting is] your mentioning about your brother something that he dislikes.” (Narrated by Muslim)

9 – Choosing appropriate times for joking.

Such as when you are taking a trip in the countryside, or attending a party in the evening, or when meeting a friend, you may relax and enjoy some gentle anecdotes, nice stories or light jokes, in order to generate friendship and instill happiness in the heart; or when family problems are taking their toll and one of the spouses is angry, some gentle joking may relieve the tension and cheer people up.

O Muslim,

A man said to Sufyaan ibn ‘Uyaynah (may Allaah be pleased with him), “Joking is not right, it is to be denounced.” He replied, “Rather it is Sunnah, but only for those who know how to do it and do it at the appropriate time.”

Nowadays, although the ummah needs to increase the love between its individual members and to relieve itself of boredom, it has gone too far with regard to relaxation, laughter and jokes. This has become a habit which fills their gatherings and wastes their time, so their lives are wasted and their newspapers are filled with jokes and trivia.

The Prophet (peace and blessings of Allaah be upon him) said: “If you knew what I know, you would laugh little and weep much.” In Fath al-Baari it says: “What is meant by knowledge here has to do with the might of Allaah and His vengeance upon those who disobey Him, and the terrors that occur at death, in the grave and on the Day of Resurrection).

Muslim men and women have to be inclined to choose righteous and serious friends in their lives, who will help them to make good use of their time and strive for the sake of Allaah with seriousness and steadfastness, good and righteous people whose example they can follow. Bilaal ibn Sa’d said: “I saw them [the Sahaabah] jokingly pretending to fight over some goods, and laughing with one another, but when night came they were like monks.”

Ibn ‘Umar (may Allaah be pleased with him) was asked, “Did the Companions of the Prophet (peace and blessings of Allaah be upon him) laugh?” He said, “Yes, and the faith in their hearts was like mountains.”

So you have to follow the example of such people, who were knights by day and monks (i.e., devoted worshippers) by night.

May Allaah keep us, you and our parents safe on the Day of the Greatest Terror, those to whom the call will go out on that great Day:

“Enter Paradise, no fear shall be on you, nor shall you grieve”

[al-A’raaf 7:49 – interpretation of the meaning]

May Allaah bless our Prophet Muhammad and all his family and companions.


By ‘Abd al-Malik al-Qaasim.

[فداء الرسول]

In the Name of Allah, the Compassionate, the Merciful


Eid Prayer

How to offer Eid prayer:
Ibn Abbass (ra) reported: " I participated in the Eid-ul-Fitr prayer with the Messenger of Allah (saw), Abu Bakr (ra), Umar (ra) and Uthman (ra), and all of them held Eid prayer before Khutbah, and then the Prophet Muhammad (saw) delivered the Khutbah (sermon)." ( Muslim )

Who should go to the prayer ground & offer Eid Prayer:
Umm Atiyah (ra) reported: "The Messenger of Allah (saw) commanded us to bring out on Eid-al-Fitr and Eid-al-Adha, young women, hijab-observing adult women and the menstruating women. The menstruating women stayed out of actual Salaat but participated in good deeds and Duaa (supplication). I (Umm Atiyah) said to the Holy Prophet (saw): Oh! Messenger of Allah, one does not have an outer garment. He replied: Let her sister cover her with her garment."
( Muslim )

On the Eid day, every believing man, woman and child must go to the prayer ground and participate in this joyous occasion.

Structure of Eid prayer:
Eid prayer is wajib (strongly recommended, just short of obligatory). It consists of two Rakaat (units) with six or thirteen additional Takbirs. It must be offered in congregation. The prayer is followed by the Khutbah.
The Khutbah is part of the worship and listening to it is Sunnah. During the Khutbah, the Imam must remind the community about its responsibilities and obligations towards Allah, fellow Muslims and the fellow human beings. The Imam must encourage the Muslims to do good and ward off evil. The Muslim community must also be directed to the state of the community and the Ummah at large and the feelings of sacrifice and Jihaad should be aroused in the community. At the conclusion of the prayer the Muslims should convey greetings to each other, give reasonable gifts to the youngsters and visit each other at their homes. Muslims should also take this opportunity to invite their non-Muslims neighbors, co-workers, classmates and business acquaintances to Eid festivities to expose them to Islam and Muslim culture.

[فداء الرسول]

Divorce in Islam

Marriage, as prescribed by Allaah, is the lawful union of a man and woman based on mutual consent. Ideally, the purpose of marriage is to foster a state of tranquillity, love and compassion in Islam, but this is not always the case. Islam discourages divorce but, unlike some religions, does make provisions for divorce by either party.

Allaah provides general guidelines for the process of divorce with emphasis on both parties upholding the values of justice and kindness in formalising the end to their marriage (see [Quran 2: 224-237] for general guidelines regarding divorce).

Allaah encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both the man and woman are guaranteed the right to divorce as established in the Quran, but the difference lies in the procedure for each one. When a divorce is initiated by the man, it is known as Talaaq.

The pronouncement by the husband may be verbal or written, but once made, there is to be a waiting period of three months ('Iddah) during which there can be no sexual relations, even though the two are living under the same roof.

The waiting period helps to prevent hasty terminations due to anger and allows both parties time to reconsider as well as to see if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to resume their conjugal relationship, thereby ending the divorce process. During this waiting period, the husband remains financially responsible for the support of his wife.

The divorce initiated by the wife is known as Khul' (if the husband is not at fault) and requires that the wife return her dowry to end the marriage because she is the 'contract-breaker'. In the instance of Talaaq, where the husband is the 'contract-breaker', he must pay the dowry in full in cases where all or part of it was deferred, or allow the wife to keep all of it if she has already been given it in full.

In the case that the husband is at fault and the woman is interested in divorce, she can petition a judge for divorce, with cause. She would be required to offer proof that her husband had not fulfilled his marital responsibilities. If the woman had specified certain conditions that are Islamically accepted in her marriage contract, which were not met by the husband, she could obtain a conditional divorce.

The controversy regarding the seeming inequity in divorce lies in the idea that men seem to have absolute power in obtaining a divorce. The interpretation of scholars in the past has been that if the man initiates the divorce, then the reconciliation step for appointing an arbiter from both sides is omitted. This understanding diverges from the Quranic injunction. Any difference in powers between the husband and his wife with regard to divorce can be extracted from the following verse (which means): "...And due to them [i.e., the wives] is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allaah is Exalted in Might and Wise." [Quran: 2:228]

In the following verse, according to existing interpretations, Allaah gives the reason for the small difference in the verse (which means): "Men are in charge of women by [right of] what [qualities] Allaah has given one over the other and what they spend [in support] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allaah would have them guard." [Quran: 4:34]

Thus, it is clear that there is a 'degree' of difference with regards to the rights of men and women in divorce, and that the greater right that men were given is due to their being the leaders and financial supporters of the household. This, however, does not mean that women are inferior to men or that they are second-class human beings.

Many of the laws regarding divorce in some Muslim countries are based upon Quranic references on the subject. As with all human laws, they must adapt to dynamic circumstances. Issues pertaining to custody have become controversial. For example, Allaah in the Quran advises the husband and wife to consult each other in a fair manner regarding their children's future after divorce, as this verse states (which means): "…If they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them." [Quran: 2:233]

Some jurists stipulate that custody of the child is awarded to the mother if the child is under a certain age and to the father if the child is older. There is no Quranic evidence of age being a determinant for custody. Similarly with regard to the issue of alimony, in the Quran the ex-husband's financial obligation to his ex-wife is mandated, but a specific formula for the amount of support is missing; Allaah Says (what means): "And for divorced women is maintenance according to what is acceptable – a duty on the righteous." [Quran 2:241] This is open for negotiation between parties and should be in accordance with the husband's financial ability.

There has been much distortion and propagation of misunderstanding about a woman's rights related to marriage and divorce. Only with self-education and awareness of the Quranic text are men and women able to learn the truth that Allaah has prescribed and understand the scholarly interpretations in order that the spirit of justice is realised. Allaah Says (what means): "And when you divorce women and they fulfil their term [of their 'Iddah], either keep them according to reasonable terms or release them according to reasonable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allaah in jest. And remember the favour of Allaah upon you and what has been revealed to you of the Book [i.e., the Quran] and wisdom [i.e., the Prophet's Sunnah] by which He instructs you. And fear Allaah and know that Allaah is Knowing of all things." [Quran 2:231]

[فداء الرسول]

Khula’: definition and how it is done


Praise be to Allaah.
Khula’ means the separation of the wife in return for a payment; the husband takes the payment and lets his wife go, whether this payment is the mahr which he gave to her, or more or less than that.

The basic principle concerning this is the verse in which Allaah says (interpretation of the meaning):

“And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal-money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allaah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allaah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul‘ (divorce)”

[al-Baqarah 2:229]

The evidence for that from the Sunnah is that the wife of Thaabit ibn Qays ibn Shammaas (may Allaah be pleased with him) came to the Prophet (peace and blessings of Allaah be upon him) and said, “O Messenger of Allaah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of kufr after becoming a Muslim.” The Prophet (peace and blessings of Allaah be upon him) said to her, “Will you give back his garden?” Because he had given her a garden as her mahr. She said, “Yes.” The Prophet (peace and blessings of Allaah be upon him) said to Thaabit: “Take back your garden, and divorce her.”

(Narrated by al-Bukhaari, 5273).

From this case the scholars understood that if a woman cannot stay with her husband, then the judge should ask him to divorce her by khula’; indeed he should order him to do so.

With regard to the way in which it is done, the husband should take his payment or they should agree upon it, then he should say to her “faaraqtuki” (I separate from you) or “khaala’tuki (I let you go), or other such words.

Talaaq (i.e., divorce) is the right of the husband, and does not take place unless it is done by him, because the Prophet (peace and blessings of Allaah be upon him) said: “Talaaq is the right of the one who seizes the leg (i.e., consummates the marriage)” i.e., the husband. (Narrated by Ibn Maajah, 2081; classed as hasan by al-Albaani in Irwa’ al-Ghaleel, 2041).

Hence the scholars said that whoever is forced to divorce his wife by talaaq wrongfully, and divorces her under pressure, then his divorce is not valid. See al-Mughni, 10/352.

With regard to what you mention, that a woman in your country might arrange her own divorce through the man-made laws, if this is for a reason for which it is permissible to seek a divorce, such as disliking her husband, not being able to stay with him or disliking him because of his immoral ways and indulgence in haraam actions, etc., there is nothing wrong with her seeking divorce, but in this case she should divorce him by khula’ and return to him the mahr that he gave to her.

But if she is seeking divorce for no reason, then that is not permissible and the court ruling on divorce in this case does not count for anything in terms of sharee’ah. The woman still remains the wife of the man. This gives rise to a new problem, which is that this woman is regarded as a divorcee in the eyes of the (man-made) law, and can re-marry after her ‘iddah ends, but in fact she is still a wife and not a divorcee.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about a similar matter and said:

Now we have a problem. The fact that she is still married to him means that she cannot marry anyone else, but according to the court ruling she is apparently divorced from him, and when her ‘iddah ends she can re-marry. I think that the only way out of this problem is that good and righteous people should get involved in this matter, to bring about reconciliation between the man and his wife. Otherwise she has to give him some payment, so that it will be a proper shar’i khula’.

Liqa’ al-baab al-Maftooh by Shaykh Muhammad ibn ‘Uthaymeen, no. 54; 3/174.


Islam Q&A

[فداء الرسول]

hasad


Praise be to Allaah.
Hasad (destructive envy) means wishing that a blessing that Allaah has bestowed on the envied person be taken away. Allaah enjoined His Prophet (peace and blessings of Allaah be upon him) to seek refuge with Him from the evil of the envier when he envies. Allaah says (interpretation of the meaning):

“Say: ‘I seek refuge with (Allaah), the Lord of the daybreak,

2. ‘From the evil of what He has created,

3. ‘And from the evil of the darkening (night) as it comes with its darkness; (or the moon as it sets or goes away),

4. ‘And from the evil of those who practise witchcraft when they blow in the knots,

5. ‘And from the evil of the envier when he envies.’”

[al-Falaq 113]

What is meant by “when he envies” is when he manifests what he feels of envy in his heart and acts on it, and his envy makes him do something bad to the one whom he envies.

Hasad is of varying degrees:

1 – When a person wants the blessing to be taken away from his Muslim brother, even if it does not come to him; rather he does not like Allaah to bless anyone else and that upsets him.

2 – Where he wants the blessing to be taken away from someone else because he wants it, in the hope that it will come to him.

3 – Where he wishes for himself a blessing like that which someone else has, without wanting it to be taken away from the other person. This is permissible and is not called hasad rather it is called ghibtah.

The envier harms himself in three ways:

1 – He earns sin because hasad is haraam.

2 – It is bad etiquette before Allaah, because what hasad really means is hating Allaah’s blessing His slaves, and objecting to what Allaah does.

3 – He suffers because of too much worry and distress.

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote.

Standing Committee for Academic Research and Issuing Fatwas


Majmoo’ Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’ (26/29).

[فداء الرسول]

The danger of hypocrisy


Praise be to Allaah.

Hypocrisy is a serious sickness and a great crime. It means making an outward display of Islam whilst inwardly concealing kufr. Hypocrisy is more dangerous than kufr (disbelief) and the punishment for it is more severe, because it is kufr mixed with Islam and its harmful effects are greater. Hence Allaah will put the hypocrites in the lowest level of Hell, as He says (interpretation of the meaning):

“Verily, the hypocrites will be in the lowest depth (grade) of the Fire; no helper will you find for them[al-Nisaa’ 4:145]

The hypocrites are always confused, always planning deceit and plots. Although outwardly they appear to be with the believers, inwardly they are with the kaafireen. So sometimes they are inclined towards the believers and sometimes they are inclined towards the kaafireen.

“(They are) swaying between this and that, belonging neither to these nor to those; and he whom Allaah sends astray, you will not find for him a way (to the truth — Islam)”[al-Nisaa’ 4:143 – interpretation of the meaning]

Because of the corruption of their hearts, the hypocrites are the most averse of mankind to the religion of Allaah, as Allaah tells us about them (interpretation of the meaning):

“And when it is said to them: ‘Come to what Allaah has sent down and to the Messenger (Muhammad),’ you (Muhammad) see the hypocrites turn away from you (Muhammad) with aversion”

[al-Nisaa’ 4:61]

The dealings of the hypocrites revolve around their own interests. When they meet the believers, they make a show of belief and loyalty, in order to deceive the believers and as an action of dissimulation, hoping for whatever good and war-booty they have. But when they meet their masters and chiefs, they say, we are with you in your shirk and kufr. Allaah says concerning them (interpretation of the meaning):

“And when they meet those who believe, they say: “We believe,” but when they are alone with their Shayaateen (devils — polytheists, hypocrites), they say: “Truly, we are with you; verily, we were but mocking

Allaah mocks at them and gives them increase in their wrong-doing to wander blindly”[al-Baqarah 2:14-15]

The hypocrites have many characteristics, the worst and most serious of which is disbelief in Allaah. Allaah says (interpretation of the meaning):

“And when it is said to them (hypocrites): ‘Believe as the people (followers of Muhammad, Al-Ansaar and Al-Muhaajiroon) have believed,’ they say: ‘Shall we believe as the fools have believed?’ Verily, they are the fools, but they know not”[al-Baqarah 2:13]

Among their characteristics are enmity and envy (hasad) towards the believers, as Allaah says (interpretation of the meaning):

“If good befalls you (O Muhammad), it grieves them, but if a calamity overtakes you, they say: ‘We took our precaution beforehand’ and they turn away rejoicing”[al-Tawbah 9:50]

Among their characteristics is mockery of Allaah, His Messenger and His religion. Allaah says (interpretation of the meaning):

“If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’

Make no excuse; you disbelieved after you had believed”[al-Tawbah 9:65-66]

Among their characteristics is that they spread corruption on earth, with disbelief, hypocrisy and sins. Allaah says (interpretation of the meaning):

“And when it is said to them: ‘Make not mischief on the earth,’ they say: ‘We are only peacemakers.’

Verily, they are the ones who make mischief, but they perceive not”[al-Baqarah 2:11-12]

Among their characteristics are slander and lies. Allaah tells us about them (interpretation of the meaning):

“They swear by Allaah that they are truly, of you while they are not of you, but they are a people (hypocrites) who are afraid (that you may kill them)”[al-Tawbah 9:56]

Among their characteristics is that they enjoin what is evil and forbid what is good, and they are stingy with their wealth. Allaah says concerning them (interpretation of the meaning):

“The hypocrites, men and women, are one from another; they enjoin (on the people) Al-Munkar (i.e. disbelief and polytheism of all kinds and all that Islam has forbidden), and forbid (people) from Al-Ma‘roof (i.e. Islamic Monotheism and all that Islam orders one to do), and they close their hands [from giving (spending in Allaah’s Cause) alms]. They have forgotten Allaah, so He has forgotten them. Verily, the hypocrites are the Faasiqoon (rebellious, disobedient to Allaah)”[al-Tawbah 9:67]

Among their characteristics are greed and avarice:

“And of them are some who accuse you (O Muhammad) in the matter of (the distribution of) the alms. If they are given part thereof, they are pleased, but if they are not given thereof, behold! They are enraged![al-Tawbah 9: 58 – interpretation of the meaning]

Among their characteristics are those which were described by the Messenger (peace and blessings of Allaah be upon him):

“There are four (characteristics), whoever has all of them is a complete hypocrite, and whoever has some of them has some element of hypocrisy, unless he gives it up: when he speaks, he lies; when he makes a treaty, he betrays it; when he makes a promise, he breaks it; when he quarrels, he resorts to insults.”(Narrated by Muslim, 53)

Among their characteristics is a concern with appearances and fancy speech whilst they are inwardly corrupt. Allaah says concerning them (interpretation of the meaning):

“And when you look at them, their bodies please you; and when they speak, you listen to their words. They are as blocks of wood propped up. They think that every cry is against them. They are the enemies, so beware of them. May Allaah curse them! How are they denying (or deviating from) the Right Path?”[al-Munaafiqoon 63:4]

If the kuffaar are obvious enemies from without, then the hypocrites are hidden enemies from within. They are more harmful and more dangerous to the Muslims, because they mix with them and know their situation. Allaah has decreed that the ultimate destiny of the kuffaar and hypocrites will be in Hell:

“Surely, Allaah will collect the hypocrites and disbelievers all together in Hell”[al-Nisaa’ 4:140 – interpretation of the meaning]

But because of the seriousness of the harm they cause, the hypocrites will be in the lowest level of Hell, as Allaah says (interpretation of the meaning):

“Verily, the hypocrites will be in the lowest depth (grade) of the Fire”[al-Nisaa’ 4:145]

Because the danger posed to the Muslim ummah by the kuffaar and hypocrites is so great, Allaah commanded His Messenger to strive against them:

“O Prophet (Muhammad)! Strive hard against the disbelievers and the hypocrites, and be severe against them; their abode will be Hell, and worst indeed is that destination”

[al-Tahreem 66:9 – interpretation of the meaning]


From Usool al-Deen al-Islami by Shaykh Muhammad ibn Ibraaheem al-Tuwayjri