From the rights (huqooq) of brotherhood

many Muslims think that it suffices to consider each other as brothers without taking necessary steps to put that principle of brotherhood into practice. That is why we see nowadays Muslims showing indifference to calamities befalling their brethren across the globe, thinking that so far they are far away from the hot spots, from the scene of calamities, they have nothing to worry about. Thus, you see many of them, at the times that their brothers are being slaughtered at some other parts of the globe, they pass time at cafes, hotels, giving out celebrations, as if nothing happened. This is a great betrayel towards those whom we call brothers.

Elaborating more on this, we’d like to cite for you the following:

“Prophet Muhammad (peace and blessings be upon him) said: ‘You will not enter Paradise until you have faith, and you will not have faith until you love each other. Shall I direct you to something which if you fulfill you will love one another? Spread peace among yourselves.’ (It was reported by Muslim)

1) In this hadith, our beloved Prophet (peace and blessings be upon him) recommended that we should spread peace. This is fulfilled through many things: by saluting each other with the words ‘As-Salam `alaykum‘ (peace be with you); by spreading a state of peace and not conflict, and by trying to spread peace in the society through reconciling our differences.

2) It’s also part of rights of brotherhood for a Muslim to put on smiling face when he meets his brothers in faith. Allah’s Messenger (peace and blessings be upon him) said: ‘Don’t belittle any good deed even to meet your brothers with a smiling face.’ He also said: ‘Your smile in the face of your brothers is an act of charity.’

A man came to Abu ad-Darda’ and said: ‘Guide me to do a good deed that would benefit other Muslims?’ Abu Ad-Darda’ replied: ‘Command them to do good and forbid them from evil.’ The man said: ‘I cannot.’ Then Abu Ad-Darda’ said: ‘Repel evil from them.’ The man said: ‘I cannot.’ Then Abu Ad-Darda’ said: ‘Spend charity on them.’ He again said: ‘I cannot.’ Then Abu Ad-Darda’ said: ‘Meet them with a smiling bright face.’ The man however said: ‘I still cannot.’ Fed up with what he heard, Abu Ad-Darda’ finally said: ‘Then may Allah smite you with a thunder bolt from Heaven by which He would make the land and the people get rid of you.’

3) Brotherhood in Islam also means that one should love for one’s brothers what one loves for himself. Confirming this the Prophet (peace and blessings be upon him) said: ‘Each of you cannot be a believer until he loves for his brother what he loves for himself.’

Not only this but the early Muslims used to prefer their brothers over their own selves. That is why the Qur’an praised them in the following verse: ‘And they prefer (their brothers) over themselves even if they are hungry.’ (Al-Hashr: 9)

4) Avoid harming other Muslims by words or actions:


As a matter of fact Islam forbids vain or evil talk, as clarified by the following Qur’anic verse:

‘And when they hear vain talk, they turn away therefrom and say: To us our deeds, and to you yours; peace be to you: we seek not the ignorant.’ (Al-Qasas: 55) Allah’s Messenger (peace and blessings be upon him) said: ‘The Muslim is he from whom people are safe from his tongue and hand (actions).’

One day, `A’ishah, the Prophet’s wife, heard some Jews in Madinah offending the Prophet by greeting him with the wish that poison would strike him. Getting angry at their offence she retorted: ‘And upon you be poison and curse O you children of apes and swine.’ Hearing this, the Prophet (peace and blessings be upon him) pacified her saying:

‘You should have said only, same be upon you also, for the Muslim is not an offender, nor a curser nor a mischief monger nor one who uses dirty language.’

5) Humbleness and modesty: A Muslim should exercise humbleness and modesty in his dealing with other Muslims, nay even with all other people. That is why one precious piece of advice a pious father called [Luqman] gave to his son as the Qur’an reports is that: ‘Never turn your cheek to other people in arrogance.’ (Luqman: 18)

In practice, the Prophet (peace and blessings be upon him) used to be humble with all other people. It is reported that once a Bedouin met him; when he saw him he trembled in fear. Seeing this the Prophet (peace and blessings be upon him) said: ‘Calm down. I am only the son of a woman who used to eat dry meat in Makkah (meaning a poor woman).’

The Prophet (peace and blessings be upon him) used to tell his Companions: ‘Don’t exaggerate in praising me, as Christians exceeded the limits in praising the Messiah, son of Mary, for I am the slave and Messenger of Allah.’ He also used to declare: ‘Whoever humbles himself to Allah, Allah will raise him (in respect) and He will not enter Paradise who has in his heart an atom’s weight of arrogance.’

6)Turning deaf ears to other people’s slandering of your brothers or sisters: This means the elimination of backbiting and slandering in the Muslim society. That is why the Messenger (peace and blessings be upon him) once passed by two graves. He stood in front of them and said: ‘They (the dead ones) are punished due to minor sins.’ One of them used to spread calumny and slander among people. Thus Muslims are reminded that: ‘He who slanders others in front of you will eventually slander you.’

7) Doing good to people all as best as you can. In this context Allah says in the Qur’an: ‘And cooperate with one another in all that is good and pious and don’t cooperate in sin and aggression.’ (Al-Ma’idah: 2) Allah’s Messenger was asked: ‘Who is the dearest person to Allah?’ He said: ‘Those who are most useful to (other) people.’ That is why in another hadith the Prophet (peace and blessings be upon him) said: ‘And Allah will surely help the person as long as he helps his brother.’

8) Treating them nicely and with best manners: In this connection Allah says about Prophet Muhammad: ‘And you are indeed of supreme conduct.’ (Al-Qalam: 4) The Messenger of Allah, therefore says: ‘The most perfect believers are those who are best in conduct and who are nicest to their household.’

9) Rights of brotherhood also implies that one should not forsake his brothers over three days: Allah says in the Qur’an:‘Believers are indeed brothers so reconcile your brothers.’(Al-Hujurat: 10) The Messenger of Allah also said: ‘Let not any one of you desert his brother more than three days. They meet and each of them turns away from the other; but the best of the two is the one who starts with the salutation of peace.’ In another hadith, the Prophet said: ‘Don’t exchange hatred, envy or forsaking, for every Muslim is a brother to other Muslims. Thus he should not wrong him, nor surrender him, whoever walks to fulfill the needs of other Muslims, Allah will attend to his needs.’

10) Not to enter upon a Muslim’s house without his permission: Allah says in the Qur’an: ‘O ye who believe! Enter not houses other than your own without first announcing your presence and invoking peace upon the folk thereof. That is better for you, that you may be heedful.’ (An-Nur: 27)

11) Acknowledging the rights of scholars by showing due respect to them.

12) Fulfilling one’s promise to his Muslim brothers.

13) Settling the rights of other Muslims and returning to them whatever has been taken from them without right.

14) Granting to other Muslims the status they deserve, and acknowledging their prestige.

15) Reconciling the differences among Muslims and restoring harmony.

16) Hiding their shame and concealing their weaknesses.

17) Preserving their wealth and honor.

18) Saying ‘may Allah bless you!’ to any one who sneezes.

19) Avoiding mingling with the evil mongers.

20) Visiting the sick Muslims: This is based on a Qudsi hadith indicating that Allah would say to His slaves on the Day of Judgment: ‘My slave I was sick and yet you did not visit me?’ The slave would exclaim: ‘How can I visit You when You are the Lord of the worlds?’ Allah would answer: ‘Did you not know that My slave so-and-so fell ill; don’t You know that had you visited him you would find Me with him?’

21) Attending the funeral prayer and to follow a funeral to the grave.

22) Visiting graves of Muslims and invoking Allah’s mercy upon them.

These are the main rights of brotherhood in Islam.

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The fornicating woman…

al-Hasan al-Basri narrated:

“There was a fornicating woman who had exceeded the people of her era in beauty, and would not let any man sleep with her unless he paid her one hundred dinars. One day, a man saw her and was attracted to her, so he went and worked until he earned the one hundred dinars and came to her. She told him: “Pay it to the man at the door so that he may count it and weigh it.” When he did this, she told him to enter. She had a luxurious home and a bed made of gold. She told him: “Come to me.” When he was about to have intercourse with her, he suddenly remembered his standing before Allah on the Day of Resurrection, so it was as if he was struck with lightning and his desire was put out.

He said to her: “Allow me to leave you, and you can keep the money.”

She replied: “How can you do this now, when you saw me and was attracted to me, and went and worked hard to collect the one hundred dinars, and when you are finally with me, you do what you did?”

He said: “By Allah, I did not do this out of anything except for the fear of Allah, and the thought of my standing between His Hands.”

She said: “If you are truthful in what you say, then I want to marry nobody except you!”

He told her: “Let me leave.”

She said: “No, not unless you promise me that you will marry me!”

He said: “I cannot do anything until I leave first.”

She then said to him: “You must promise Allah that if I come to you where you live, then you will marry me!”

He said: “It might be so. We will see.”

So, he put on his clothes, left her, and travelled back to his land. She later travelled to his land with all that she owned – regretting the circumstances under which they had met each other – until she arrived and asked about him. When she arrived at his home, it was said to him: “The queen herself has arrived and asked about you!” When he saw her, he was in such a state of shock that he collapsed and died.

His body fell into her arms, so she said: “As for him, then I have missed out on the chance to be with him. Does he have any close relatives?” It was said to her: “Yes, his brother, but he is a poor man.” So, she said to him: “I will marry you out of my love for your dead brother.”

She married him and bore for him seven righteous sons.” (Ibn Qudamah al-Maqdisi, ‘at-Tawwabin’, 41-42)

narration by Ibn Qudamah

Ibn Qudamah narrated that Ash-Shibli said:

كنت في قافلة بالشام فخرج الأعراب فأخذوها وجعلوا يعرضونها على أميرهم
فخرج جراب فيه سكر ولوز فأكلوا منه والأمير لا يأكل فقلت له لم لا تأكل فقال أنا صائم فقلت تقطع الطريق وتأخذ الأموال وتقتل النفس وأنت صائم فقال يا شيخ أجعل للصلح موضعا فلما كان بعد حين رأيته يطوف حول البيت فقلت أنت ذاك الرجل فقال ذاك الصوم بلغ بي هذا المقام

“I was in a caravan in Ash-Shaam (Syria) and it was hijacked by bedouins, so they took it and handed it over to their Amir (leader). They opened a bag and found sugar and almonds. They all started eating, except their Amir. I asked: “Why aren’t you eating?” He said: “I’m fasting”. I said: “You block roads, you steal from people, you kill people and you say you’re fasting????!” He said: “Ya shaykh! We should keep the ways of reconciliation (with Allah) allways open”. So after a while, I saw this person doing tawaaf around the Ka’bah! I said: “You are that same person!” He said: “Because of that fasting (Allah guided me and) brought me here today”.

[“At-Tawabeen”, 1/276].

The Best three generations

The Prophet Muhammad (SAW) said in a famous hadeeth, narrated by ‘Imraan bin Husayn (RA):

“Verily the best among you (to follow) is my generation (the Messenger Muhammad (SAW) and his Companions (RA)), then those who follow, and then those who follow them…”  (Saheeh Muslim, the Virtues of the Sahaabah, chapter 52 hadeeth no. 2535)

From this hadeeth we can understand the following; undoubtedly, the best people to understand Islaam, the Qur’aan, Sunnah, and Sharee’ah terminology etc., are those from the first generation in Islaam – the Messenger Muhammad (SAW) and His Companions (RA). The Messenger Muhammad (SAW) also praised those who follow this first generation, and then those who follow the followers of the first generation. In other words, the best generations in Islaam are:

a) The first generation – the Messenger Muhammad (SAW) and his Companions


b) The second generation – those who followed the first generation (known as the Taabi’een)


c) The third generation (ended 240-260 AH) – those who followed the Taabi’een (known as Taabi’ ut-Taabi’een)

This is the order in which the Messenger Muhammad (SAW) praised them; therefore, as his followers, we must also praise them in the same order.

It is very foolish for people nowadays to follow those who are not from the first generation in Islaam. Today, people follow the likes of Imaam Abu Haneefah or Imaam ash-Shaafi’ee instead of following the Messenger Muhammad (SAW) and his Companions. If you say to them, “Abu Bakr said…” they say, “…yes, BUT Abu Haneefah said…” Thus, they override the saying of a Sahaabi, one who has been praised by Almighty Allah in the Qur’aan.

We do not deny that scholars such as Abu Haneefah, Imaam ash-Shaafi’ee, Ahmad bin Hanbal etc. were great ‘ulamaa and followers of Ahl us-Sunnah wal-Jamaa’ah – May Allaah (SWT) be pleased with them all. Rather, the problem arises when people choose to follow them instead of the first generation, which is clearly contradicting what Allaah and His Messenger (SAW) ordered us to do; and this is manifested in a person who says, for example, “I am Hanafi” or “I am Shaafi’ee”, which is clearly implying that they only follow the opinion of Imaam Abu Haneefah or Imaam ash-Shaafi’ee.

Therefore, it is vital for us to understand that our Islaamic standard is the first generation in Islaam; those who follow this generation are followers of Ahl us-Sunnah wal-Jamaa’ah, and hence are from the Saved Sect. And those who follow anyone other than the first generation, for example, “great scholars” such as the apostate Ibn Baaz or Ibn ‘Uthaymeen etc., have deviated from the straight path and from as-Salaf as-Saalih (the Pious Predecessors).

However, there is also a system of ranking, in terms of virtues, amongst the first generation. Imaam al-Haafiz adh-Dhahabi (a follower of Ahl us-Sunnah wal-Jamaa’ah and a student of Sheikh ul-Islaam Ibn Taymiyyah) said in his Kitaab ul-Kabaa’ir (The Book of Major Sins), in the chapter of The Seventieth Major Sin: Cursing any of the Companions of Allaah’s Messenger (SAW):

“The noble qualities and merits of the Companions (RA) are too numerous to be mentioned here. However, the scholars of the Sunnah agree that the noblest among the Companions are ten, and among the ten, four are ranked as highest. These are, in order of their rank: Abu Bakr, then ‘Umar bin al-Khattaab, then ‘Uthmaan bin ‘Affaan, and then ‘Ali bin Abee Taalib – May Allaah be pleased with them all. There is no doubt concerning this, and whoever doubts it is an innovator (mubtadi’) and a malicious hypocrite (munaafiq khabeeth).”

Hence, the scholars of Ahl us-Sunnah wal-Jamaa’ah unanimously agree that Abu Bakr as-Siddeeq was the greatest companion of Rasool-Ullaah (SAW), then ‘Umar, then ‘Uthmaan, and then ‘Ali (may Allaah be pleased with them all). This is how Allaah (SWT) has destined for it to be, and those who favour the Companions in any other order have gone astray from as-Salaf as-Saalih, such as the apostate Shee’ah Raafidah. Furthermore, the Messenger Muhammad (SAW) said:

“Abu Bakr will be in Paradise, ‘Umar will be in Paradise, ‘Uthmaan will be in Paradise, ‘Ali will be in Paradise, Talhah will be in Paradise, az-Zubayr will be in Paradise, ‘Abdur-Rahmaan bin ‘Awf will be in Paradise, Sa’d bin Abee Waqqaas will be in Paradise, Sa’eed bin Zayd will be in Paradise and Abu ‘Ubaydah bin al-Jarraah will be in Paradise.”  (Saheeh al-Jaami’ as-Sagheer, 1/70, no. 50)

The Companions named above were famously known as “Al-‘Asharah fil-Jannah (the Ten in Paradise)”. They were the greatest Companions of Rasool-Ullaah and this is their order.

We can therefore come to the conclusion that the best Companions were (in order):

a) The Ten Promised Paradise

Abu Bakr as-Siddeeq
‘Umar bin al-Khattaab
‘Uthmaan bin ‘Affaan
‘Ali bin Abee Taalib
Talhah
Az-Zubayr
‘Abdur-Rahmaan bin ‘Awf
Sa’d bin Abee Waqqaas
Sa’eed bin Zayd
Abu ‘Ubaydah bin al-Jarraah

b) The People of Badr (those who participated in the Battle)
c) Those who made al-bay’atu tahtash-shajarah (the pledge beneath the tree)
Allaah (SWT) says in the Qur’aan:
“…Allaah was well-pleased with the Believers when they swore allegiance unto thee beneath the tree…” (EMQ al-Fath, 48:18)

d) Al-Ansaar

Allaah (SWT) says:
“And the first to embrace Islaam of the Muhaajiroun (those who migrated from Makkah to al-Madeenah) and the Ansaar (the citizens of al-Madeenah who helped and gave aid to the Muhaajiroun) and also those who followed them exactly (in faith). Allaah is well-pleased with them as they are well-pleased with Him…” (EMQ at-Tawbah, 9:100)

Therefore, dear Muslims, know that these men were the best people to understand the Deen – not Ibn Taymiyyah (RA) or even Abu Haneefah (RA), despite being great scholars who followed Ahl us-Sunnah wal-Jamaa’ah.

If there was any dispute between the Companions, we will refer to and favour the most virtuous from amongst them in this order.

The Messenger Muhammad (SAW) said:

“Allaah looked to the people of Badr (and said): ‘Do whatever you wish, Allaah has forgiven you.'” (Saheeh Muslim no. 2494)

Hurricanes, Earthquakes and Natural Disasters:

“Natural disasters” are undoubtedly a punishment from Almighty Allah (SWT) upon those who continuously disobey Him and spread fasaad (corruption) on the earth, such as pornography, idol worship, homosexuality and paedophilia etc.

The proof for this is evident in the way in which Allah (SWT) used to deal with past nations such as ‘Aad (from Yemen), Thamood (between Hijaaz and Tabook, Saudi Arabia) and the People of Loot.

Allah (SWT) says: “Have you not seen how your Lord dealt with ‘Aad?”“Of the (city of) Iram, with lofty pillars.”“The like of which was never created in any land.” (EMQ al-Fajr, 89: 6-8)

Despite their tall, strong and lofty buildings, Allah (SWT) showed them who the Most Powerful was by sending them blasts of wind, destroying all things by the command of its Lord until there was nothing left except their dwellings: “They (the People of ‘Aad) said: “Have you come to turn us away from our aaliha (false gods)? Then bring us that with which you threaten us (destruction), if you are one of the truthful!”“He (Hood) said: ‘The knowledge (of the time of its coming) is with Allah only, and I convey to you that wherewith I have been sent, but I see that you are a people given to ignorance!'”“Then, when they saw it as a dense cloud coming towards their valleys, they said: “This is a cloud bringing us rain!” Nay, but it is that (torment) which you were asking to be hastened! A wind wherein is a painful torment!”“Destroying everything by the Command of its Lord! So they became such that nothing could be seen except their dwellings! Thus do We recompense the people who are Mujrimoon (polytheists, disbelievers, sinners, etc.)!” (EMQ al-Ahqaaf, 46: 22-25)

“Verily, We sent against them (‘Aad) a furious wind of harsh voice on a day of evil omen and continuous calamity.”“Plucking out men as if they were uprooted stems of date-palms.” (EMQ al-Qamar, 54: 19-20)

Thus, Allah (SWT) does punish those who disobey Him, spread corruption and declare war upon the believers. Furthermore, the Messenger Muhammad (SAW) said: “Beware of the supplication of the oppressed! For there is no barrier (veil) between him and Allah (i.e. it will be answered immediately).” (Al-Bukhaari and Muslim)

With the enemies of Islam committing crime after crime against the believers in Islam, it is no surprise at all to see Allah (SWT) responding to the supplications of the believers and inflicted severe pain, financial loss and destruction upon nations such as the USA. We ask Allah (SWT) not to punish us with the wrong doers, and to accept any Muslim who dies due to a “natural disaster” as shaheed (a martyr).

a sister in distress

Assalaamu alaykum wah rahmatullahi wa barakatuhu,

Dear brothers and sisters in Islam I have entitled this letter “A sister in distress” and indeed a sister is in distress and many more as a matter of fact. She is known as ‘the grey lady’ or ‘Prisoner 650’ but is this really her identity, is this who she really is? I can tell you that she in fact is every single Muslimah on this earth, she is me and she is you my dear sisters.

Her name is Dr Aafia Siddique, a 36 year old Pakistani woman and PHD graduate who disappeared, along with her 3 children, then aged 6 years, 5 years, and 6 months from Karachi, Pakistan in 2003. Since then there had been no trace of her whereabouts until this year, in 2008, some light has been shed onto exactly what has been happening to our sister.

The British journalist Yvone Ridley, researched into “Prisoner 650” in Bagram prison in Afghanistan after hearing ex-detainees claiming to have heard the screams of a woman in the prison cell. Mozzam Beg one of those ex-detainees had also said that whilst he was being tortured, he would hear the screams of a woman. It was a terrifying scream that went on for 5 years, yet not one of us heard her screams. Yes my dear Muslims, those were the screams of our sister Aafia who has been secretly detained in Afghanistan’s nortorious prison ‘Bagram Airbase’ for 5 years along with her 3 children. When there is a disappearance or someone is secretly detained, know that there will be mistreatment and torture involved. If torture and abuse have taken place in places like Abu Ghraib and Guantanamo which are known to the entire world, then imagine the torture and abuse faced by someone secretly detained in a place where there is no one to intervene and prevent these abuses.

No doubt about it Aafia has faced brutal torture and rape for 5 years but now that this violent crime of the US Government has been exposed, more than five years later, she has ‘mysteriously’ reappeared in US custody in Afghanistan, with her oldest son now aged 12yrs. The whereabouts of her two younger children are unknown.

The US officials are now making ridiculous claims that make no sense at all, proving to the whole world the lack of brain cells the Americans have.

To say that she had been taken into custody only on July 21, 2008 is a blatant lie, as transparently ugly as any falsehood can be. The insinuation that she had been hiding herself since 2003, is a travesty of truth, an affront to people’s commonsense.

The Islamic Verdict on Civil/Registered Marriages


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Question:

What is the Islamic verdict on Civil/Registered Marriages? Are Muslims allowed to marry in registry offices?

Answer:

Marriage in Islam is a divine bond between two legitimate parties to enjoy social and intimate relationship with each other and to have children. It is one of the most sacred divine contracts because the subject matter is a human being i.e. the would-be wife. Hence not only among the Muslims but also among the Jews and Christians, marriage is treated in a very sacred manner by Imaams, Rabbis and Priests respectively. In Islam marriage is part of the social system which lays down the detailed guidelines about the relationship between the opposite genders i.e. what is the nature of their meeting together, their relationship and the consequences and/or results or outcome of such relationships.

Marriage is a recommended act in Islam and a divine rule which organises the relationship between two mature, sane parties in the absence of any divine preventions. This is due to the fact that Allah (swt) says: “Get married from those women you like whether two or three or four and if you fear that you will deal unfairly with them then keep one or marry from those which your hand possesses.” [EMQ 4: 3] and “Among his signs is this, that he created you mates from among yourselves, that you may dwell in tranquillity with them, and he has put love and mercy between your hearts, verily in that are signs for those who reflect” [EMQ 30: 21], and the Messenger Muhammad (saw) said: “Marriage is half the Deen”.

Verily marriage is half the Deen, for it is the fundamental pillar of the social system. We set out below some of the rules surrounding the Islamic marriage.

THE DIVINE DUTIES OF THE HUSBAND

1. An-Nafaqah – The husband has the duty to provide food, clothing and shelter to his wife.

2. As-Sakan wat-Tama’neenah – The husband has the duty to observe tranquillity and security towards his wife.

3. Al-Ishra wal-Injaab – The husband has the duty to maintain a social and intimate relationship with his wife and not to prevent her from having children from him.

THE DIVINE DUTIES OF THE WIFE

1. Al-Qawaamah – The wife has the duty to accept the Qawaamah i.e. that her husband has authority over her, the right to be obeyed and to look after him, his health and children.

2. As-Sakan wat-Tama’neenah – The wife has the duty to observe tranquillity and security towards her husband.

3. Al-Ishra wal-Injaab – The wife has the duty to maintain a social and intimate relationship with her husband and not to prevent him from having children from her.

CONDITIONS AND PILLARS OF THE NIKAAH CONTRACT

The pillars of every contract, including the marriage contract, in Islam are three:

1. Al-‘Aaqidaan (the two parties) – who must both be mature, sane and there must be no preventions or prohibitions such as the woman being pregnant or in the waiting period of the divorce from or death of the previous husband.

2. Seeghat ul-‘Aqd – The deal i.e. the offer (al-Ijaab) and (al-Qabool) acceptance. There must be no ambiguity over what is offered and accepted between the parties. In addition the deal must be worded by using the word ‘Nikaah’ or ‘marriage’ in the past tense and the parties or their representatives must be present at the time of the contract being made.

3. Al-Ma’qood ‘Alayh (the subject matter) – Again the subject matter must be without any prohibitions or preventions.

The absence of any one of the aforementioned conditions (and therefore pillars) will invalidate the contract of Nikaah. In addition, there are certain supplementary conditions such as the permission of the Wali Amr i.e. the Guardian of the would-be wife, two trustworthy and valid witnesses, and a specified Mahr (dowry) i.e. a divine gift from the husband to his wife.

In light of the above, let us examine what civil marriages in the West, such as in the UK, are all about. Are they just about registering the Nikaah contract before an authorised body or an organised institution, or is it about submitting fully to all the social system in the West including the rights of husband and wife, the conditions of the two parties for marriage, the criteria for witnesses, the rules effecting maternity and provision, inheritance matters, divorce and custody of children etc.

A civil marriage is a contract registered in the local council in order for a man and a woman to have a relationship governed by the marriage laws of the state. Any man can marry any woman, whether they are boyfriend or girlfriend, fornicator or “fornicatress”, pregnant or having had previous sexual relations, without reservation except on the proviso that they have no registered marriage in existence already.

It is clearly prohibited to be involved in this procedure for Muslims from an Islamic perspective at any time. To give the civil marriage priority and to put a condition, as some Muslims unfortunately do, that any Muslim should undergo such a procedure before what is requested by God is therefore an anathema to Islam and Muslims!

The civil marriage contract is prohibited (Haraam) to be involved in for Muslims from an Islamic perspective for the following reasons:

1. In Islam the condition for the two marrying parties is that they must both be Muslim or that the woman is from amongst the people of the book, unlike in a civil wedding where the religion of the parties is irrelevant.

2. Contrary to Islam, in a civil marriage there is no condition for there to be two witnesses present as stipulated by the Sharee’ah, the wedding record being enough.

3. Contrary to Islam, there is also no condition on the man to pay Nafaqah (i.e. to provide food, clothing and shelter for the wife) in a civil marriage.

4. Contrary to Islam, there is no condition in a civil marriage for the man to pay or to stipulate a Mahr (dowry) to be paid.

5. Contrary to Islam, there is no condition in a civil marriage to obtain the permission of the Wali Amr i.e. father, just as long as the parties are over 18.

6. Contrary to Islam, there is no condition in a civil marriage to complete the waiting period after a divorce from a previous husband or death of the husband or after a previous illegitimate relationship with the intended partner.

7. Contrary to Islam it is permitted in civil marriages to marry a woman even if she is pregnant; which is a divine prevention in Islam.

8. Contrary to Islam a civil marriage says that the maternity of children belongs solely to the mother unlike in Islam where the divine rights of the child are protected and the child stays with the divorced mother up to the age of 7 and from then onwards it will have the right of residence with the father. For non-Muslim women the child would stay with the mother up until the age of 4 and then go to the father. If the man leaves Islam i.e. becomes an apostate, the child would stay with the mother until 7 and then go to the ex-fathers brother, but if his family are non-Muslim then the child will stay with the mother (who is Muslim). In a civil marriage these rights are ignored and any residence is invariably granted to the mother. Moreover, in Islam if both the husband and wife die the children will go to the husband’s family and the women’s family will have visitation rights unlike in a civil marriage.

9. Contrary to Islam, in a civil marriage divorce is the right of both parties which needs a court order (i.e. a second parties consent).

10. Contrary to Islam, after a civil marriage a woman can inherit substantially all her husband’s wealth. Whereas in Islam the wife will take 1/6th or 1/8th in certain circumstances. The surviving husband on the other will take 1 /2 of her wealth and sometimes 1/4.

11. Contrary to Islam, a civil marriage does not permit a man to enforce sex on his wife or to discipline her.


12. Contrary to Islam, in a civil marriage both parties have the right to go anywhere they want to without asking the others permission whereas it is obligatory to ask a husband’s permission before leaving the home in Islam.

13. Contrary to Islam, in a civil marriage the choice is the mothers as to whom a child is attributed whereas it is the divine right of the father i.e. to be attributed to him alone, in Islam.

14. Contrary to Islam, in a civil marriage if the husband becomes an apostate there is no automatic divorce. The implication of this in Islam is that the wife will still inherit if the husband becomes an apostate and dies. If a woman becomes an apostate the marriage will also be broken automatically.


15. Contrary to Islam, in a civil marriage a husband does not give the wife the right to prosecute him if he does not provide provision for her. Rather she is expected to bring up the children on a minimum determined by the State which amount is not Islamic.

16. Contrary to Islam, in a civil marriage the wife cannot steal from the husband if the husband is miserly, whereas it is allowed in Islam. On the other hand if the husband steals from his wife then his hand is subject to be cut in Islam.

17. Contrary to Islam, adultery by the wife does not break the civil marriage contract, whereas if the woman commits adultery in Islam the contract is broken immediately. If the man commits adultery on the other hand it is up to the woman whether she wishes to obtain a Khula’ (i.e. to break the contract or not).

18. Contrary to Islam, in a civil marriage a child will stay with the mother even if she becomes an apostate.

19. Contrary to Islam, in a civil marriage one can have a judicial separation agreement.

CONCLUSION

The fact of the matter is that the Civil Marriage is a complete non-Islamic social system and man-made way of life which contradicts the Islamic marriage and way of life in all its details, such as the penal code, the right of the husband to discipline his wife, the right of the wife to divorce herself in certain circumstances, the right of the husband to divorce his wife instantly including the observation of the waiting period for the wife etc.

Verily, registration will give the kufr social system relating to divorce, maternity etc. the upper hand over the Islamic social system and way of life and Islam forbids this explicitly, for Allah (swt) says: “Allah forbids the believers to give the disbelievers an upper hand over them” [EMQ 4: 141]. In addition Allah orders us to refer to the Qur’aan and Sunnah in any dispute amongst ourselves, for Allah (swt) says: “When you differ in any matter refer to Allah and his Messenger” [EMQ 4: 59]. Moreover the Muslims are supposed to judge by whatever Allah (swt) has revealed and not by whatever the law of the land has legislated, for Allah (swt) says: “Rule and Judge by whatever Allah (swt) has revealed and do not follow their whims and desires lest they take you away from what has been revealed” [EMQ 5:49].

Furthermore, Allah (swt) has clearly commanded us to obey him and his Messenger with full submission and without any choice, for Allah (swt) says: “It is not allowed for the believers male or female to have any option in a matter when it has been decided by Allah (swt) and his Messenger.” [EMQ 33:36]

We therefore call upon all Muslims to refrain from marrying in accordance to the civil law, any marriage based upon this law is considered to be invalid in Islam. Any children from such a marriage would also be considered illegitimate in Islam and such a situation would therefore require Islamic recovery procedures to be put in place immediately.