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Women In Her Childhood

A girl is very dear to her parents. Before her attaining the age of puberty, she is free from any religious obligation. She is supposed to enjoy her life at her father’s house with the single motto; eat, drink and be merry. She enjoys the love and affection of her parents, her sisters, brothers and other relatives. When she starts speaking, the parents should teach her the basics of the religion and faith. The childhood is an age of learning. A child attains considerable amount of knowledge till the age of five that she would never get throughout her life. This is the period when the first schooling of the child starts with her first teacher, The mother.

When the girl is five-year-old, she should be taught lessons of personal hygiene. She should also be given training in human behaviour with special emphasis on adopting good things and discarding bad habits. This is also the time to start her education. The education should start with the learning of the Holy Quraan. She should memorize at least the last few Suras of the 30th Part of the Holy Quraan especially Sura Fateha, Sura An-Naas, Sura Al-Falaq, Sura Ikhlaas, Sura Al-Kafiroon. She should know the Islamic way of purification, Wudu (ablution) and Ghusl (bath).

At the age of seven the girl should be taught the fundamentals of Islam such as Salaah. This is the age when the girl should cultivate the habit of Pardah. She should also be taught washing of utensils, minor stitching jobs and other domestic chores of common nature. She should be suitably admonished for her idling, laziness, carelessness and mischief. She should not be allowed to mingle with the girls and women of low character. She should be kept away from evils of reading romantic literature, seeing movies and listening to sexy music, etc. These evils adversely affect the morale of the child and encourage her to adopt bigger evils.

Women In Her Adulthood

After attaining the age of puberty, the woman comes under the Jurisdiction of the Sharee’ah Laws. Now, she has to follow all the basic tenets of Islam including Salaah, Fasting, Zakaah and Hajj. She has to fulfill her duties as a Muslim woman and keep away from all minor and major sins. She should serve her parents and other elders and share her love and affection with those younger than her and her elders. She should behave well with her neighbors. She should mould her life according to the Islamic teachings and emerge as a lady of faith, good manners, hard work, humility, patience and contentment.

She should also acquire knowledge about the life that awaits her after the marriage. She should know her responsibilities as a housewife. She can get this training from her mother and other elderly women in the house. She should adopt a life style within the confines of the Islamic Sharee’ah.

Pardah is a must for a Muslim woman. She should not face men other than real relatives. Real relatives mean those relatives who can never marry her, like her father, brothers, father-in-law, uncles and grandfather. She can go to the market provided that her body is totally covered.

She should read good literature that contains moral teachings. Novels available in the market generally contain cheap sex fictions that should be avoided.

She should perform additional prayers other than the obligatory ones. Recitation of the Holy Quraan and Tasbeeh bring health and happiness to the house. During the days of purity, she should try to be in the state of Wudu throughout the day and, if possible, till she goes to bed. The best Dhikr for a woman is Tasbeeh-e-Faatima (radi Allahu anha) that is reciting Subhan-Allah 33 times, Alhamdu Lillah 33 times and Allah-o-Akbar 34 times. This is the Tasbeeh that the Holy Prophet (sallal laahu alaihi wasallam) taught his beloved daughter, Sayyidah Faatima az-Zahra (radi Allahu anha).

She should arrange the Niyaaz on selected days of the year particularly on the 11th of Rabi-ul-Akhir (the ‘Urs’ death anniversary of Sayyiduna Ghaus-e-Azam Sheikh Abdul-Qaadir Jilaani – alaihir rahmah) of Baghdad, the 12th of Rabi-ul-Awwal (the Eid-e-Meelad-un-Nabi – sallal laahu alaihi wasallam), the 6th of Rajab (the ‘Urs’ death anniversary of Khawja Ghareeb Nawaaz Moeenudeen Chishti alaihir rahmah) of Ajmer, and the sacred days like the 10th of Muharram (night and Day of Ashura), 27th of Rajab (night of Meh’raaj), the 15th of Sha’ban (Shab-e-Baraat) and the 27th of Ramadaan (Shab-e-Qadr). This arrangement of Niyaaz will bring blessings, peace and prosperity to the house as the Niyaaz will contain the Dhikr of Allah and His beloved ones.

Women After Marriage – Part 1

The Institution of Marriage

The Quranic point of view with regard to the institution of marriage is based on the following principles and laws:

Interdependence of man and woman in ensuring fullness of life for each other through mutual affection, mutual confidence and mutual protection, as husband and wife has been stressed by using a metaphor of profound beauty: “They are a garment unto you and you are a garment unto them” (2:187)

For those who can afford it, marriage is an obligation. The Quran says: “Marry those among you who are single, and the pious among your slaves, male or female: if they are in poverty, Allah will give them means out of His Grace: Allah is of ample means, and He is aware of all things.” (24: 32)

Contrast it with the attitude of those religions, which advocate celibacy and idolize it as the ideal of perfection, considering sexual satisfaction even in the bond of marriage as a positive evil from the spiritual point of view. Thus, in Christianity: “As an institution, Jesus regards marriage as essentially physical and intended only for the present age. Those who were to share in the blessings of the eschatological kingdom would neither marry nor be given in marriage but would be possessed of the non-physical body in the resurrection.” (*1).

It was this outlook on sex which led to the rule that no man or woman, married or unmarried, who had performed the sex act the previous night, should take part in a Church festival or in the Eucharist. (*2).

Christianity, writes the Sociologist Ludovici, “preaches that sex is to be deplored, to be avoided, and, if possible, negatived. And the Puritan, who may be regarded as the extreme Christian, is notorious for his implacable loathing of sex.” (*3).

Marriage is a social contract. The word Nikah, used for marriage in the Holy Quraan, originally means Aqd, according to Imam Raaghib Asfahaani (*4). (alaihir rahmah). Thus, the very word Nikah implies that marriage is a social contract, and not a sacrament, although it is a sacred contract. Moreover, the Quraanic permission to terminate the relation of marriage, if it becomes absolutely impossible for the husband and the wife to continue that relation, proves that the Quraan regards marriage as a social contract only.

Women are not to be treated as property (*5). The Quraan says: “O ye who believe! You are forbidden to inherit (as property) the women against their will.” (4:19)

Marriage with persons of certain categories has been prohibited. The Holy Quraan has prohibited marriage with all those who may stand in the relations of consanguinity, or affinity, or fosterage. Almighty Allah states; “Forbidden to you are your mothers and your daughters and sisters and your father’s sisters and mother’s sisters and your brother’s daughters and your sister’s daughters, and your mothers who have such to you and your foster sisters and the mothers of your wives and daughters (your step-daughters) who are in your care from the wives with whom you had intercourse but if you had no intercourse with them, then there is no Haraam in their daughters, and the wives of your sons who are of your loins and to have two sisters together except what has already passed (*6). Undoubtedly, Allah is Forgiving, Merciful.” (4: 23)

Choosing a Husband

Islam has established that every marriage must be preceded by the consent of the woman who is to be married, whether she is a virgin or a woman who had a previous marriage. Her consent must be obtained before her father or the guardian can act for her in any marriage contract.

Indeed, when a marriage is conducted, the government registrar or other official or the Qaadi must satisfy himself that he has the woman’s full agreement. If someone is acting for her as her guardian, the Qaadi will ask him to produce two witnesses who testify that she has authorized him to act for her in this marriage. Several Hadith tell us that a previously married woman has more authority over herself than her guardian. A virgin must be asked concerning her marriage. Her consent may be given by keeping quiet. (*7). The distinction here between a previously married woman and a virgin is merely in the form of how consent is granted. A virgin may be too shy to state in words that she accepts to be married, while a previously married woman has learned practically that there is nothing to be shy about in marriage.

Matchmaking

After the girl attains adulthood, her parents should find a good match and marry her. During the matchmaking exercise, the parents should abstain from establishing matrimonial relations with families of wrongdoers like Wahabis, Deobandis, Shi’ites, Ahl-e-Hadith (*8). etc. They should give the hand of their daughter into the hand of a Sunni boy who sincerely follows the Sharee’ah and the ways of the Ahle-Sunnah wa Jama’at (*9). .

The Holy Prophet (sallal laahu alaihi wasallam) has said: See four things before marrying a woman:

Wealth,
Status of the family,
Physical looks and
Piety.

The Holy Prophet of Islam (sallal laahu alaihi wasallam) added that religiousness should be given priority at the time of matchmaking. Marriage fulfils the purpose of expanding the generation. It also saves man from illicit relations with other women. Nikah carries high rewards.

A Hadith says: It is written in the Torah, “If a man’s daughter attains the age of twelve and he does not arrange her wedding and if the girl gets involved in immoral activities, the father will be punished for the sins of his daughter.”

Another Hadith says: The Apostle of Allah (sallal laahu alaihi wasallam) said, “Allah the Almighty has taken the responsibility of helping three persons:

The slave who pledges to pay an amount to his master to get freedom and has total conviction to fulfill the pledge.
One who fights in the way of Allah.
The man or women who intends to go for marriage to avoid illicit relations with the opposite sex.”

Forced Marriage is not acceptable

The idea of a woman being forced into a marriage against her own wishes is not acceptable from the Islamic point of view. A woman came to the Holy Prophet (sallal laahu alaihi wasallam) and complained that her father had married her to his nephew without asking her consent first. She stated that the purpose of that marriage was that her father wanted his reputation enhanced through that marriage. The Glorious Prophet of Islam (sallal laahu alaihi wasallam) annulled that marriage. When he had done so, and the woman was free again, she said to the Holy Prophet (sallal laahu alaihi wasallam): Now I am free. I willingly consent to this marriage. I only wanted it to be known that men have no say over women in their marriages.

It is often thought that because a father acts for his daughter in marriage, he can marry her to whomever he likes, without seeking her consent. People, who suggest this, make a very superficial judgment. By requiring a father or a guardian to act for the woman in her marriage, Islam emphasizes the woman’s honor. Marriage in Islam is the way to establish a family, and this is conducted through families. Therefore, the woman appears to have the consent of her family to her own marriage. She does not appear as the weaker party in a civil contract.

There is no rigid process of choosing a husband. If a man proposes to a family seeking to marry one of their daughters, then he must have based his choice on either first hand knowledge or proper investigation. Similarly, if the woman’s family makes the approach, then it must be based on a good knowledge of the man and his character.

As we all know, Islam does not permit the sort of free-mixing between the sexes, which is known in Western societies. If some aspects of that social mixing is practiced among certain sections of society in Muslim countries, then that is something Islam disallows. In a certain situation, a woman is able to know the character and nature of a man and she feels, on the basis of her knowledge, that he can make her a very good husband. It is perfectly conceivable that a woman can acquire such knowledge of a man, either because he is her colleague at work, or because she has had a chance to see him acting in different situations. Such knowledge would enable her to understand his character and to find out that he can be a good family man.

When a woman has known such a man and wishes to marry him, she should speak to her family about it. Her father or guardian will take over and speak to the man either directly or through intermediaries. All this is appropriate. What is not appropriate from the Islamic point of view is that the woman should try to get the man into a love relationship with her as it happens in films or in Western societies.

If a woman selects a man as her future husband and he is considered to be good for her from the social point of view, then the father is required to facilitate her marriage.

Sayyidah Hafsah bint Omar (radi Allahu anha), Sayyiduna Omar’s – radi Allahu anhu daughter, became a widow when her husband, Khunais bin Huthafah (radi Allahu anhu), who was a companion of Sayyiduna Rasoolullah (sallal laahu alaihi wasallam), passed away in Madinatul Munawwara Munawwara. Sayyiduna Omar (radi Allahu anhu) reports: I went to Uthman bin Affaan (radi Allahu anhu) and offered him Hafsah (radi Allahu anha) saying, If you wish, I will give you Hafsah (radi Allahu anha) as a wife. He said, I will consider the matter. I waited for a few days, then Uthman (radi Allahu anhu) met me and said, I have considered the matter and I do not wish to be married now.

Sayyiduna Omar (radi Allahu anhu) goes on in his report: I then met Abu Bakr (radi Allahu anhu) and said, If you wish, I will give you Hafsah (radi Allahu anha) in marriage. Abu Bakr (radi Allahu anhu) kept quiet and gave no answer whatsoever. I felt more aggrieved with him than I was with Uthman (radi Allahu anhu). After a few days, Allah’s Messenger (sallal laahu alaihi wasallam) proposed to marry Hafsah (radi Allahu anha) and I gave her away in marriage to him. I then met Abu Bakr (radi Allahu anhu) and he said, You might have felt something against me when you offered me Hafsah (radi Allahu anha) and I gave no reply. I answered in the affirmative. He said, What prevented me from answering your proposal was that I had learned that Allah’s Messenger (sallal laahu alaihi wasallam) had expressed his wish to marry her. I am not one who reveals the Prophet’s (sallal laahu alaihi wasallam) secret.

Witnesses are necessary in Nikah

Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) is quoted to have said: “No marriage may be made without the presence of the woman’s guardian and two responsible witnesses.”

The majority of Ulama concur that a woman may not give herself away in marriage, but her guardian (as a representing Wakeel) must act on her behalf by the virtue of her permission in her Nikah to a man. Nor can she give an authority to anyone else to act for her in marriage. Moreover, a woman cannot act (as a Wakeel) for another woman in a marriage contract. (That is to say: even a mother cannot.)

As for the person who should be her guardian for marriage purposes, there is no doubt that it is her father. If he is available, then no one else may act for her. If her father is not available, either because he is dead or mentally deranged, then her paternal grandfather or great grandfather may act for her. If she has no father or grandfather, her brother will act for her or any family elder as agreed by the family and woman.

It should be said that the condition of a guardian to act for a woman in her marriage does not detract from her the ability or the qualification to make the right choice. Indeed, any such guardian should have her consent before he goes ahead with the marriage arrangements. His presence is required not as a witness but as her representative. This is an aspect of the honorable position that Islam assigns to women. Moreover, it reflects on the seriousness with which Islam views marriage. It is a family matter, which is conducted by families. Moreover, when family represents the woman, this is more conducive to ensuring that her husband respects her rights. Besides, the nature of society Islam builds is one in which the woman normally takes her natural position, looking after the future generation. That is bound to limit her social activities a little. Her judgment of people, especially of men and their characters may, as a result, needs to be supplemented by that of other men in her family.

If a woman marries herself away without the presence of her father or appointed guardian, then her marriage is invalid because there no witnesses as required by the Sharee’ah. The Beloved Habeeb (sallal laahu alaihi wasallam) is quoted to have said: “A woman does not marry another woman away and a woman does not marry herself away. Only an adulteress gives herself away in marriage.” (*10).

Sayyiduna Imam Ahmad (alaihir rahmah) and Abu Da’ood relate on the authority of Sayyidah Ayesha (radi Allahu anha) that the Messenger of Allah (sallal laahu alaihi wasallam) said: “Any woman who marries herself away without the consent of her guardian, her marriage is invalid, invalid, invalid!” (*11).

Thus we are to understand that the Sharee’ah requires one to announce Nikah either in public or in the presence of witnesses so that the Muslim society does not fall into any doubt about the legitimate relation of two individuals.

A woman, until she gets married, is called the daughter of her parents. After the marriage, she becomes somebody’s wife. Now she has much more responsibilities and duties than ever. She has to fulfill additional duties towards her husband. She should be sincere and faithful to her husband and serve him with utmost dedication.

[1] Hastings, Dictionary of the Bible, II, p.138

[2] Scott: History of Prostitution, pp.72, and 73

[3] Woman, p.5

[4] Refer Mufradaat-ul-Qur’an by Imam Raaghib Asfahaani; Aqd means contract

[5] A woman in marriage is not a slave but a partner in trust which should not be abused in any way. They should the coolness of the husband’s eye and likewise, the wife should not do things to offend the husband and become a thorn in his eye.

[6] To have two blood sisters in marriage at the same time is Haraam in Islam. One may marry another sister only after the death of one.

[7] Nisaai, Ibn-e-Majah

[8] The corrupted Sects that have deviated from Islam due to their false Aqaa’id.

[9] The Group of Salvation or the Majority Group about whom Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said would enter Jannah.

[10] This Hadith Shareef refers to those who marry in secrecy without any witnesses. This is forbidden in Islam as such secrecy creates great doubts in the Muslim society and the identity of the child.

[11] This Hadith Shareef supports the above Hadith Shareef.

Women After Marriage – Part 2

Her Duties towards the Husband

The Holy Quraan says: “So the righteous women are obedient (to Allah and submissive to their husbands), and guard in (the husband’s) absence what Allah would have them guard (i.e., their chastity and the prestige and property of the husband)” (4: 34)

As a wife, side by side with enjoying equal fundamental human rights, a woman has been placed one degree below the husband in the matter of administering the affairs of the family. The Quraan says: “but men have a degree (of advantage) over them” (2:228)

Compare this with the following verdicts of the exponents of modern scientific thought on this problem.

Says Nemilov: “Man, perhaps even down to the protein molecules of his tissue cells, is biologically different from woman. From the very moment of sex formation in the embryo, the biological ducting of the sexes develops along entirely divergent paths. We must recognize the unquestionable existence of the biological inequality of the sexes. It goes deeper and is of far greater import than it would appear to those not familiar with natural science.” (*1).

The desires and conduct of the two sexes, says Mercier, “are not similar but are complementary and reciprocal. In courtship the male is active: his role is to court, to pursue, to possess, to control, to protect, to love. The role of a female is passive. Consequent on this fundamental difference are certain others. For pursuit, greater ardor is necessary than for mere reception; and the courting activity of the male is, throughout the whole animal kingdom, more ardent than that of the female; and this greater ardor is connected with certain other differences.” (*2).

Julian Huxley observes: “I venture to prophesy not only that the inherent differences between the sexes will not tend to diminish in the course of evolution but that man will continue, as now and in the past, to emphasize them by custom and convention.”(*3).

It should, however, be clearly kept in mind that, in the Quraanic teaching, the husband and the wife stand in complementary relation to each other, and never in the relation of the ruler and the ruled. The Quraan enjoins upon men: “They (women) are your garments and you are their garments.” (2:187)

In the presence of the husband, the Holy Quraan has not chosen her to function as the head of the family, because owing to his masculine constitution and appropriate mental make-up, the husband is better equipped to earn livelihood for the family, to bear the physical strains, and to avert dangers to the family in general. The Holy Quraan refers to these functions of the husband when, speaking of his role for the wife. It says: “Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they spend of their wealth (for supporting them and other members of the family).” (4: 34)

Of course, the husband has to administer the family jointly with the wife, according to the Quraanic Law: “(Believers are those) who conduct their affairs by mutual consultation (and not arbitrarily).” (42: 38)

As a follower of the Quraan, it is only in extreme cases that the husband may differ irreconcilably with the wife. But, then too, he cannot transgress the bounds of justice and mercy of the Holy Quraan, which commands him to be always just, merciful and considerate.

The second position of the wife as administrator is, thus, not a source of suffering for her but a source of strength and a blessing.

Every woman must obey the legitimate commands of her husband. Appeasement of husband is a great virtue while the displeasure of the husband carries heavy prosecution. The Holy Prophet of Islam (sallal laahu alaihi wasallam) has said: “If I were to command humans to prostrate before anyone other than Allah, I would have commanded the women to bow down before their husbands.”

The Messenger of Allah (sallal laahu alaihi wasallam) has also said: “If a woman dies in a state that her husband is happy with her, she would enter the Paradise”.

The Glorious Prophet (sallal laahu alaihi wasallam) has also said: “When the husband calls his wife for some work, she should immediately attend his call even if she may be sitting by the side of her hearth (for cooking)”. The Hadith means that the wife should give top priority to attend to her husband.

Another Hadith says: “If a husband says to his wife to transform a yellow mountain into a black one or turn a black mountain into a white one, she should obey his orders”. The Hadith means that the woman should try to perform the hardest of the hard job assigned by her husband.

The Holy Prophet (sallal laahu alaihi wasallam) said: “Allah’s Angels curse the woman throughout the night whose husband calls her to bed but she refuses and the husband goes to sleep in anger”.

Relations between husband and wife have been conceived as based on mutual cooperation, love and compassion. The Holy Quraan says: “And among His Signs is this that He created your mates from among yourselves, that you 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.” (30: 21)

It means that: –

marriage is essentially a spiritual bond of union, rather than a mere physical relationship;
marriage should be contracted with the firm resolve of maintaining the relation for life;
Monogamy should be ideal, because that is the ideal condition in which mutual cooperation, the common man can practice harmony and love normally and smoothly.

Polygamy

The Holy Quraan has permitted polygamy on humanitarian grounds, under exceptional circumstances, and with severe restrictive conditions. The only Quraanic verse which contains the permission for polygamous marriage, says: “And if you fear that you shall not be able to deal justly with the orphans, marry of the women who seem good to you, two and three and four; and if you fear that (in case of having more wives than one) you shall not be able to deal justly (with them) then (marry) only one (free woman) or (a captive) that your right hands possess. That will be more suitable to prevent you from doing injustice.” (4: 3)

‘Polygamy’, says Roberts, “was the rule among the Eastern peoples before Mohammad’s time.” (*4).

Important points, worthy of being carefully noted are:

This verse doe not enjoin polygamy, but only permits it.
Unrestricted polygamy, which had been rampant among the pre-Quraanic Arabs and many other nations of the world, has been restricted to the maximum four. Fixing the maximum at four seems to be based on the natural law relating to monthly courses, whereby the husband can do justice in respect of conjugal relations even if he has the maximum of four wives.
The permission relates to situations of emergency, and not to normal conditions of life and society. This verse was revealed after the Battle of Uhud, which gave rise to a situation of emergency. Appreciable numbers of Muslim men were killed in the battle, leaving behind orphans and widows, and giving rise to many adult females. Also, there were some women captives of war. Polygamy was prescribed for those who were Allah-fearing and whose sole mission in life was spiritual refinement and pursuit of Divine Pleasure. Notice the conditional clause about orphans, introducing the rules about marriage. This reminds us of the immediate occasion of the promulgation of this verse. It was after the Battle of Uhud, when the Muslim community was left with many orphans and widows, and some captives of war. Their treatment was to be governed by principles of the greatest humanity and equality. The occasion is past, but the principles remain. Marry the orphan if you are quite sure that you will in that way protect their interests and their property, with perfect justice to them and to your own dependants, if you have any. If not, make other arrangements for the orphans.
The permission is based, not on considerations of lust, nor on any benefit accruing to the marrying male, but on the principle of sacrifice – of providing protection and support to orphans, while undergoing a severe tension of dealing with all the wives.
The permission is conditioned by one’s ability to deal equitably with his wives, which even at the formal level is an extremely difficult condition to fulfill except for those who are thoroughly disciplined, stick to spiritual and moral values above everything else, and enter into marriage for spiritual considerations – for the sake of obtaining Divine Pleasure.
Thus, this verse, instead of inducing the men to practice polygamy, recommends to them monogamy.
Finally, looking at the Quraanic permission for polygamy with an unbiased mind, every rational person is bound to be convinced that in situations of emergency, namely, whenever there is an abundance of females – as it happens after the wars – and whenever there is the problem of the uncared for and unsolicited widows and orphans, it becomes a moral duty of Allah-fearing people to practice polygamy, whereby alone the individuals can be saved from disaster and the community can escape the horrors of prostitution.

There is, wrote Dr. Annie Besant, the renowned English leader of the Theosophical Movement, “pretended monogamy in the West, but there is really a polygamy without responsibility; the ‘mistress’ is cast out to be the woman of the street, for the first lover has no responsibility for her future and she is a hundred times worse off than the sheltered wife and mother in the polygamous home. When we see thousands of miserable women who crowd the streets of western towns during the night, we must surely feel that it does not lie in the Western mouth to reproach Islam for polygamy. It is better for woman, happier for woman, more respectable for woman, to live in polygamy, united to one man only, with the legitimate child in her arms, and surrounded with respect, than to be seduced, cast out into the street perhaps with an illegitimate child outside the pale of law unsheltered and uncared for, to become the victim of any passer-by, night after night, rendered incapable of motherhood, despised by all.” (*5).

The Holy Quraan repudiates polyandry (or, plurality of husbands) and the Hindu custom of Niyoga (or, loaning the wife to another person for getting an issue), and the custom of exchanging wives practiced by certain savage tribes.(*6).

Temporary conjugal relations are prompted purely by lust, and in no case for establishing that sublime spiritual relation between man and woman, which alone can form the basis of building up the family. Therefore, the Holy Quraan disallows temporary and compassionate marriages. It says: “Except for these (prohibited relations), all others (i.e., other women) are lawful, provided ye seek (them in marriage) with gifts from your property (as dower-money), desiring chastity (in permanent companionship), not lust (in any form of temporary marriage)” (4: 24)

The wife has several duties towards her husband. Following are some very important duties:

The wife should not go out of the house without the permission of her husband. She should seek prior permission of her husband to visit her relatives and friends.
It obligatory on her part to safeguard her husband’s house and other properties in his absence. She should not allow anybody to enter the house without her husband’s permission. She should not give her husband’s minor or major belongings to anybody without his permission.
She should not indulge in any activity that her husband may dislike.
She should look after his children carefully.
She should keep herself and her house clean. She should decorate herself with ornaments and suitable make-up to attract the attention of her husband and to win over his love and affection. A Hadith says: “Best is that woman who comforts her husband by her good looks and loving gestures and fulfils the pledge of her husband and plays the role of a guardian and a well-wisher in safeguarding her chastity and the belongings of her husband in his absence.”

How to live happily with the husband

Remember, the relationship between a husband and his wife is a very strong and life long association. The affinity and understanding between the two is the greatest grace of the Almighty Allah. Once this understanding gets disturbed, the life on both the sides gets spoiled.

The domestic quarrels between husband and wife have become very common these days. Several Muslim houses are burning in this fire. The difference of opinion between wife and husband reaches a stage when both of them pray for death. It is very easy to eliminate this difference of opinion and a state of civil war within the household.

Here are some ways to establish permanent peace on the home front:

Every wife should try to appease her husband day and night. This would satisfy his ego and he would feel that there is someone in the house that cares for him. A husband likes a wife who obeys his orders without arguments and without asking why and how. If the husband asks her to massage him throughout the night, she should bear that much pain and patiently obey his command. This little trouble would bring to her immense love from her husband.
Every wife should understand the temperament of her husband. She should know the likes and dislikes of her husband. By living with him for years together she may excel in knowing what makes him happy and what annoys him. She should master in her husband’s habits and tastes.
It is obligatory on the part of the wife never to fight with her husband. She should not pass sarcastic comments to him nor should she criticize him bitterly. She should not give him a sharp and rigid reply nor should she pass any left-handed comment. She should also not find out defects in things brought by him nor should she describe his house and other property as useless and base. She should not pass adverse comments about the parents of her husband as this may lead to unnecessary arguments and will ultimately end in hatred towards each other. This hatred gradually aggravates to the extent of separation. The wife will leave her husband’s house and go to her parent’s house where her brother’s wife and unmarried sisters may make her life miserable by taunting at her. This may lead to a bigger fight between the family of the woman and the family of man. The matter ultimately goes to the Court and drags for years together.
The wife should not ask her husband to give her money beyond his capacity. Whatever her husband gives her for running the house; she should accept it smilingly and run the household within the budget. Let the husband himself ask her what she would like him to bring for her. And when the husband brings something for her, she should appreciate it and express happiness in accepting the gift.
The wife should never pass comments on the looks and physique of her husband nor should she ever be ungrateful to him. She should not complain: “I have never been happy in your house. Oh Allah! My whole life spent out in sorrows and hardships. What I saw after coming to this ruined house. My parents have thrown me into this hell. They married me to a pauper and unlucky man like you.” This sort of groaning will make the husband disappointed and disgusted. This frustration gradually will lead to constant fights and face-to-face confrontation and finally to the divorce. The Glorious Prophet of Islam (sallal laahu alaihi wasallam) said: “I saw plenty of women in the Hell”. The Companions asked: “How come, O Allah’s Apostle (sallal laahu alaihi wasallam)” He said: “For two reasons: First, the women indulge much in taunting and criticizing others. Secondly, the husbands may be treating them well for years but once they experience something less than their expectations they would say: “We have never seen any good from you.”
The wife should show utmost restraint and respect in front of her husband. Whenever the husband returns home, she should welcome him leaving all the work aside. She should arrange for his comforts. She should not talk to him in a way that may annoy or confuse him. If the husband gets annoyed with the wife over some issue, she should keep silence and should not utter anything that may aggravate his anger.
If the husband gets annoyed over some of her mistake and rebukes her, she should not feel it bad. She should unconditionally beg his pardon and bring him back to his good mood by persuasive methods. If the husband rebukes her without any fault, she should not repay him in the same coin. This would be her greatness to make her husband happy.
The wife should not ask her husband the account of his debit and credit. The husband gets irritated over this accountability and this irritation leads to conflicts. Similarly, the wife should not investigate her husband’s whereabouts and engagements nor should she express any doubt on the character of her husband, as it would disturb the mutual trust.
As long as her husband’s parents are alive, she should obey them and attend their requirements. The husband is their son and if they incite him against the wife, he will be annoyed at her that will ultimately result in deterioration of relations. Similarly, she should treat her husband’s brothers and sisters nicely. She should never try to divide the family. She should never insist on her separate household. However, if the parents of her husband themselves decide to live separately; she should welcome their idea happily. But after this separation she should always visit her in-laws and find out their difficulties and help them promptly.
If the wife faces any hardship in her husband’s house, she should never narrate it to her parents and relatives. This creates tension between the two families.
The wife should concentrate more on her looks – her clothes and personal hygiene. She should take into account her husband’s likes and dislikes. She should occasionally apply Mehndi (Henna) in her hands and feet. She should not keep her hair shattered and disturbed. A little carelessness with regard to the physical fitness may compel the husband to go to other women who make special arrangements to look good to the husbands of careless women.
The wife should take food last of all in her husband’s house. She should arrange food for her husband, his parents, his brothers and sisters. She should always play a hostess at the dining table.
The wife should not develop a habit of admiring her parents and other relatives in her husband’s house. This would create an impression in the minds of her in-laws that she is lowering their status.
The wife should not spy upon her in-laws. She should not try to listen secretly to the conversation of other women in her husband’s house. It is very foolish of her to presume that they might be talking bad about her.
The wife should share housework with the mother-in-law and the sisters-in-law/s. This would create a feeling of helpfulness in the hearts of the women in her husband’s house. The women folk will start liking her and cooperate with her in all matters. She should attend to her ailing mother-in-law or other sick members in her husband’s house, as this would give her a dignified status in that house.
If the husband is poor and has no capacity to employ a maid-servant, the wife should not make any complaint of doing the work herself. Many tradition of Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) reported in Bukhari indicate that the beloved daughter of the Holy Prophet (sallal laahu alaihi wasallam), Sayyidah Faatima az-Zahra (radi Allahu anha) personally attend to the domestic affairs of her home. She went to the community well herself, filled up the container with water and carried it on her back to her home. She used to grind the flour at home and due to this rugged exercise, her palms got wounded. Similarly, Sayyidah Asma (radi Allahu anha), the daughter of Sayyiduna Abu Bakr Siddique (radi Allahu anhu) did the entire domestic work alone in the house of her husband Sayyiduna Zubair (radi Allahu anhu). She brought date seeds from distant orchards to feed the camels and massage the horses.
The wife should keep a balance between the income of her husband and the expenditure of the house. If the husband is very poor, she should not insist upon him to bring items of luxury. She should be content with whatever is available within the limited resources.
The wife should not demonstrate any obstinacy and stubbornness in her husband’s house. This is a general habit of women that they get furious very soon. Their parents may bear this fury but the in-laws will not bear this. The stubbornness of a woman in her husband’s house becomes an issue of great criticism. Her obstinacy earns her a very bad name.
The house of the husband is a new place for every woman. She comes across with so many strange faces with different habits and behaviors. There is a possibility of difference of opinion and a clash of interests between the two parties. But the wife should keep patience and be kind to the mother-in-law and other members of her husband’s house. One day or the other, the family of her husband itself will feel ashamed of their rude behavior and extend a hand of friendship and cooperation towards the new comer.
The wife should live in her husband’s house with discipline. She should neither talk too much nor too less. She should talk sense. Her diction and intonation should be soft, clear and sublime. Her speech should not hurt any body.

[1] Biological Tragedy of Woman, pp.75-78

[2] Conduct and its Disorders Biologically Considered, pp. 289-290

[3] Essays in Popular Science, p. 63

[4] Social Laws of the Qur’an, p.8

[5] Annie Besant, The Life and Teachings of Muhammad, p.3

[6] Encyclopedia of Religion and Ethics, Vol. I., p.125

Women After Marriage – Part 3

Duties Towards Parents After Marriage

There are various incidents in our society when the husband refuses to allow his wife to visit her parents. What right does a man think he has over his wife’s feelings and duties to stop her from seeing her parents. Does he, by chance, think that by marrying her he has come to own her. Does he put her in the same category or the same relationship to a goat he buys. If so, he is certainly mistaken. From the Islamic point of view, the relationship between a man and his wife is one between two human beings of equal status. Each of them has certain duties, but neither of them can negate the independent personality of the other.

It is simply unacceptable from the Islamic point of view that a husband should consider that the marriage divides his wife’s life into two separate stages and that each stage is completely isolated from the other. If he tries to impose this situation, then he will have a wife who is disillusioned, broken-hearted and totally lacking in the ability to impart to her children the proper values of kindness to family relations and dutifulness to parents. How could she, when she herself is denied the right to maintain her relationship with her parents.

The fact is that dutifulness to parents is a duty imposed by Allah on all children, boys and girls, men and women, single or married. This dutifulness does not stop at any particular stage in anyone’s existence. It extends throughout the parents, and the children’s lives. Being dutiful to one’s parents is not considered to have been completed when they die. Their children are required to continue to show dutifulness to them by showing respect and kind treatment to their friends and relatives, supplicating on their behalf, praying to Allah to have mercy on them, reciting the Holy Quraan and giving Sadaqah or charitable donations on their behalf, etc. When parents have such a claim against their children, how is it possible that a husband prevents his wife from visiting her parents.

If he does, then he is certainly unjust to her, unless he has a very good reason for his action that can only be imagined in isolated cases. A man should consider what his feelings would be like if her unreasonable husband prevented his sister from seeing their parents. He should extend to his wife the same treatment he would like to see extended to his dearest sister.

If an elderly couple has only daughters and they all are married, and the couple needs to be looked after, then their daughters should try their best to look after them. Islam does not accept that such elderly parents should be abandoned simply because their daughters are married.

If a husband threatens his wife with divorce for visiting her parents, he is unjust to her and to them. Injustice is forbidden in Islam. Almighty Allah says in a Qudsi Hadith: “My servants, I have forbidden injustice and have made injustice forbidden to you. Do not be unjust to one another.”

Nor is it permissible for a Muslim to obey anyone encouraging him to be unjust to his wife, not even his parents. If your parents insist that you treat your wife harshly or unjustly, you should realize that injustice represents disobedience to Almighty Allah. The Holy Prophet (sallal laahu alaihi wasallam) says: “No creature may be obeyed in what constitutes disobedience to the Creator.”

The Best Wife

The best wife is she,

Who considers attending her husband as her foremost duty.
Who never leaves any requirement of her husband unfulfilled.
Who appreciates the merits of her husband and neglects his demerits.
Who takes pains in comforting her husband.
Who does not put any demand before her husband that is beyond his capacity and leads a life of contentment.
Who never looks at strange and unknown men nor allows them to look at her.
Who lives in Pardah and keeps her chastity safe.
Who safeguards the wealth, the property and other belongings of her husband including herself.
Who proves her dedication to her husband by sacrificing everything to salvage her husband from any calamity.
Who keeps patience over the atrocities inflicted to her by her husband.
Who is looked upon respectfully both in her father’s house and in her husband’s house.
Who is humble and kind to the neighbors and whose humility everyone appreciates.
Who carries out her religious duties with punctuality and fulfills the rights of the Creator and creatures.
Who tolerates with cool mind the bitterness of the members of her husband’s family.
Who first feeds the other members of the house and eats herself in the last.

Conflict with mother-in-law

This is one of the darkest chapters in human history. The conflict between mother-in-law and the daughter-in-law has been a centuries old tradition. Almost every house faces this crisis. How surprising is the matter that the mother brings up her son with utmost care and love. She longs for her son to grow up soon and when the son reaches his youth, she as the mother sets out to choose a suitable bride for her son. In the process of matchmaking she insists on the most beautiful girls of the world to be her daughter-in-law.

But when that most beautiful girl leaves her father’s house and enters her new house, the mother of her husband suddenly appears as an avowed enemy. The reason of this conflict is purely a psychological one. The mother, who has been reigning over this house for the last so many years, suddenly finds that a new woman has come to share not only the monopolistic authority of this house but also the love and affection of her son. The newcomer woman not only diverts the attention of her father-in- law but also the attention of other male members of the house. The son also gets more involved in her newly-wed lady than his mother. He does not call her mother for attending his requirements. The father-in-law also gets immense pleasure to call his daughter-in-law for his needs. This becomes unbearable for the old lady and she develops a feeling of jealousy against the new comer. Gradually, this feeling takes the shape of severe hatred. The newcomer lady is quite young and enthusiastic in her approach to life. She wants to bring about some innovation in the old style of the house. The mother cannot tolerate this as she thinks that the house still belongs to her. She is not prepared for being neglected by the members of the family. Thus, starts a cold war between the old lady and the new lady. Slowly and quite unknowingly the entire house gets involved in this conflict.

The only way to end this conflict is that all the parties of this conflict – the mother, her son and the daughter-in-law should appreciate their respective rights and duties.

How the Mother-in Law should behave

Every mother-in-law should treat her daughter-in-law as her own daughter. If the daughter-in-law, due to her inexperience, commits a mistake, she should not be rebuked or admonished. Rather, the mother-in-law should gently teach her the correct way of doing things. The old mistress of the house should always bear in mind that this new lady has come to this house by leaving her parents and relatives and friends. She is facing a new environment here with so many strange faces around. The old lady should come forward and become a useful companion of the new comer. She should accept the wife of her son as her own daughter. Once this relationship develops between the two ladies, the house will surely turn into a heaven on earth.

How the Daughter-in-Law should behave

Every daughter-in-law should treat her mother-in-law as her own mother. She should pay due respect to her, obey her commands and attend to her needs. If the old mistress of the house rebukes her on some matters, she should not answer back. Similarly, she should treat her father-in-law as her own father and look after his requirements. During the lifetime of her husband’s parents, she should never think of dividing the family by raising the demand of a separate house for herself and her husband. She should be kind to other ladies in her husband’s family such as the wives of her husband’s elder and younger brothers. She should be friendly with the sisters of her husband.

How the son should behave

The son should treat his bride with love and kindness. But at the same time, he should not neglect his parents. He should show the same vigor in loving his parents as was before his marriage. He should not make his mother feel that her authority has been minimized following the arrival of a new lady member. He should carry out all transactions through his mother. He should also instruct his bride not to undertake any work without the permission of his parents. This would give the mother a confidence that she is still the mistress of the house and both the son and the daughter-in-law have allegiance to her authority.

Women After Marriage – Part 4

The Rights of the Wife

Almighty Allah has prescribed certain rights of the husband towards their wives. The Holy Quraan says: “The women have almost the same rights over men as men have certain rights over the women in kindness.”

Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) has said: “Best among you are those who behave well with the women.” (*1).

The Prophet of Allah (sallal laahu alaihi wasallam) has also said: “I make a Wasiyyat to you about the women, so obey my will.” (*2).

In another Hadith, the Beloved Habeeb (sallal laahu alaihi wasallam) is reported to have said: “No believing man should have enmity and hatred against a believing woman. If he dislikes certain habits of that woman, there would certainly be some virtues in her too.” (*3).

The Hadith means that the woman must be having both good and bad habits. Man should not always point out her bad habits only. He should also appreciate her good habits.

There are certain obligations that men owe to the women and these obligations should be fully appreciated.

Every husband has the obligation to provide for the sustenance of his wife. She should be provided with adequate food, a comfortable home, suitable clothes and other basic amenities of life. He should always bear in mind that this woman has disassociated herself from her parents, brothers and sisters, relatives and friends and has joined him to share all the ups and downs of life. Hence, it has become his duty to look after her basic needs and comforts.
It should be remembered that husbands, who never bother for the sustenance of their wives, commit a severe crime of depriving Allah’s creatures of their rights. Such people would be dealt with severely in the Court of Allah. The Holy Quraan says: “Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means.” (4:34)
The husband should satisfy his wife’s physical needs. The Sharee’ah has not prescribed any limit for this. But, he has to ensure that woman’s minimum sexual requirements are met so that she may not commit a sin by eyeing other men in order to quench her thirst. There are certain men who, after marriage, do not take care of the sexual needs of their wives. Such people are great sinners and will be severely convicted in the Court of Allah. Almighty Allah has granted women the right to conjugal relations with their husbands. The importance of this right can be well understood by the following example of Ameerul Mohmineen Sayyiduna Omar al-Farouk (radi Allahu anhu): It is reported that he was on his routine inspection round at night in Madinatul Munawwara when he heard an old lady moaning and reciting melancholic couplets. The Caliph stopped there and listened to the wailing lady. He investigated the matter and came to know that the husband of the woman had gone for Jihad long time ago and this woman has been remembering her husband with these sad couplets. The Ameer was deeply moved and immediately issued an official Decree to all chiefs of his army that no married man should be away from his wife for more than four months. (*4).
The husband should not beat up his wife without her committing a most severe crime. The Messenger of Allah (sallal laahu alaihi wasallam) has said: “Nobody should beat up his wife as he does beat up his slave. He should make love with her later some time.” (*5).
However, if the woman commits a bigger crime, the husband can beat her not in vengeance but with the intention of reforming her and as a warning. While beating, he should take care that she should not be hurt seriously. The Books of Fiqhah have mentioned that the husband can punish his wife for four things:
1. If the husband orders his wife to decorate herself with ornaments and legitimate make-up but she disobeys and remains dirty.
2. If the husband invites her to bed and she refuses without any legitimate reason.
3. If she does not take bath to purify herself after menses.
4. If she abstain from performing Salaah without a legitimate reason

In the above circumstances, the husband should first persuade the wife. If she does not agree to comply with his requests, he may threaten her. If she still does not obey him, he can beat her barring her face. He should not beat her so severely to the extent of a fracture or a severe wound.

In order to bring peace and prosperity in the married life, both the wife and the husband should take care of each others sentiments and emotions. The anger of husband brings to the wife nothing but tension, depression and confusion. Similarly, the anger of the wife brings to the husband nothing but disappointment, mental torture, frustration and bitterness. It is, therefore, advisable to both husband and wife to be patient and compassionate in their dealings.
The husband should never appreciate the beauty and other merits of strange woman in front of his wife. This may lead to create jealousy and suspicion in the mind of his wife. She would think that her husband has some illicit relations with that woman. This thought is a poison that kills matrimonial relations. If a man cannot tolerate that his wife should wrongly be associated with another man, the wife also cannot tolerate another woman to share her husband. The woman cannot listen to praise and admiration of another woman through the lips of her husband even if that another woman happens to be his mother or sister or some other close relative.
Man is, undoubtedly, made a ruler over the woman but it does not mean that he should ask her to do a work, which is beyond her capacity, or a work which she would not like to do. If the husband still insists his wife to do the work against her will, she would accomplish that job unwillingly and this would create a sort of disgust against her husband, which would ultimately mar their matrimonial life.
The husband should from time to time censure the life style of his wife – sometimes in a harsh tone, sometimes with love and affection and sometimes with persuasion. There are husbands who always keep a rod hanging with their moustaches and never treat their wives in a good manner other than rebuking and beating them. Such wives get frustrated and start hating their husbands. There are other hen-pecked husbands who over-pamper their wives even after they commit severe blunders. Their wives become stubborn and outspoken.
The husband should implement this couplet of Sa’di of Shiraz in their life. He says: “Strictness and pampering are very good things but at appropriate times”. For example, the surgeon cuts open the wound but at the same time apply soothing ointment. Likewise, the husband should not be very strict nor very soft. A middle path always brings good results.
The husband, while setting out on a tour, should go to his wife and informally seek her consent in a loving manner and as a matter of goodwill. He may ask her to invoke the Almighty Allah that the journey may prove safe and beneficial for him. Similarly, while returning from the tour he should bring some exclusive gifts for her. This gesture would encourage the wife to think with satisfaction that my husband loves me to the extent that even if he was away engaged in his business activities, he remembered me. Thus, a simple initiative on the part of the husband will win over the heart of his wife.
If the woman brings anything from her father’s house or prepares herself and presents it to the husband, he should express gratitude and appreciate it. This will please her. The husband should never reject or discard or criticize any gift offered by his wife.
If the wife falls sick, the husband should dedicatedly look after her. He should take extra pain in her nursing, feeding, etc. This little service will win over the heart of the wife and she will be very grateful to the husband.
The husband should express his full confidence and trust in his wife and, to prove this, he should hand over the domain of the house to her so that she may feel dignified and involved. The Holy Prophet of Islam (sallal laahu alaihi wasallam) has said that the woman is the guardian and caretaker of her husband’s house and Almighty Allah will take an account from her in this regard on the Day of Judgment.
The very benefit of relying on the wife would be that she would feel herself responsible for a vital department in the set up of the household. This will give the husband an opportunity to freely think of other things regarding the promotion and progress of his business.
The husband should never share the secrets of her wife with others. Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) has said: “Worst is the person in the sight of Allah who goes to his wife and then discloses her secrets and lowers her status in the eyes of others.” (*6).
The husband should be neat and clean as he expects the same from his wife. He should look smart, dynamic and a loveable person.
The husband should provide her with the paraphernalia of personal hygiene such as soap, hair oil, comb, Mehndi, perfumes, etc. so that the wife may keep herself neat and clean and in better looks.
The husband should not level charges of corrupt practices against his wife without going into the depth of the matter. The relationship between a husband and a wife is based purely on mutual understanding. They have to trust each other. Any baseless suspicion against each other would mar the relations of the husband and wife. A Hadith says: “One Bedouin came to the court of the Holy Prophet (sallal laahu alaihi wasallam) and said, “O Allah’s Apostle (sallal laahu alaihi wasallam), my wife has delivered a child who is dark complexioned and does not resemble me. I am sure it is not my child. The Holy Prophet (sallal laahu alaihi wasallam) said, “Do you have some camels? He said, Yes, I have many camels. The Holy Prophet (sallal laahu alaihi wasallam) asked, What is the color of those camels? He said, They are brown. The Prophet of Islam (sallal laahu alaihi wasallam) asked, Are there some grey camels among them? He said, Yes, a few of them are grey. The Prophet (sallal laahu alaihi wasallam) said, Tell me how those brown camels gave birth to these grey camels? He said, Some camel among the ancestors of my brown camels would have been of grey color and these grey camels might have taken their origin from that particular camel. The Holy Prophet (sallal laahu alaihi wasallam) said, Similarly, it is possible that anyone among your ancestors would have been of black complexion and your child might have inherited his genetic influence. (*7).
If there is some difference of opinion between the husband and wife, the husband should not make a hurry to pronounce divorce to her. He should exercise restraint. After his anger subsides, he should ponder over the entire matter with a cool mind. He may seek the advice of his elders in this matter and decide whether or not there is a chance of reconciliation and settlement. If a point of understanding and reconciliation emerges, he should act accordingly and refrain from breaking the wedlock. The Beloved Habeeb (sallal laahu alaihi wasallam) has said that the divorce is the most disliked things among the permissible things in the sight of Almighty Allah. (*8).
If both husband and wife feel that there is no way out except the separation, the husband should pronounce one Talaaq after the woman clears her menses. There will be a temporary separation between them. This period will give them enough time to review their decision of separation. If they think that reconciliation is in their interest, the husband should take his wife back in his arms and forget what had happened between them. But if they think that they can no more live together, the husband should pronounce the second Talaaq after she clears her menses. The second pronouncement separates both of them. They have still a time to think of reconciliation. If they decide to live together, they have to perform the Nikah afresh after the period of Iddat is over. If they do not go for any reconciliation till the completion of the Iddat period, the third Talaaq will automatically come into force bringing a permanent separation between them. They cannot enter wedlock unless they go for Halalah. Halalah means that the woman should marry another man and have physical intercourse with him. The husband number two should divorce her. After the completion of the period of Iddat, she can marry the husband number one again.
There are some ignorant persons who play with the word Talaaq. They pronounce the divorce over minor clashes with their wives. After the pronouncement of divorce they repent and rush to the theologians and Muftis and force them to give a verdict in their favor. Some persons, while approaching the theologians, tell a lie that they had pronounced only one Talaaq. The Mufti has to allow them to retain their wives according to the Law of Sharee’ah. Thus, these ignorant people get themselves involved in establishing relations with a woman who is otherwise not to be taken as wife without Halalah.
If a man possesses more than one wife, it is obligatory on him to do justice with them. There should be equal treatment among wives in respect of sustenance, living conditions and personal attention. He has to spend equal time with every one of them. The Holy Prophet (sallal laahu alaihi wasallam) has said that if a man has two wives and does not treat them equally, he would be raised on the Day of Judgment with half his body paralyzed. (*9).
If the husband faces some trouble because of the misbehavior of his wife, he should try to avoid her and keep patience. Woman’s arrogance and foolishness is a natural phenomenon. The Glorious Prophet of Islam (sallal laahu alaihi wasallam) has said: “Woman has been created from the bent rib of Adam. If somebody tries to make the bent bone straight, it will rather break instead of becoming straight. Similarly, if someone tries to set his wife right, there will be more a chance of separation instead of improvement in her nature.
The husband should not behave as a miser in meeting the materialistic requirements of his wife nor should he go for extravagance in her maintenance. He should define his expenditure as per his capacity.
The husband should not confine his wife within the four walls of his house. She should be taken to her parents and relatives from time to time provided these visits do not bring any trouble to the peace of his house.

[1] Mishkat Shareef, Vol. 2, pg. 280

[2] Mishkat Shareef, Vol. 2, pg. 280

[3] Mishkat Shareef, Vol. 2, pg. 280

[4] Tareekhul Khulafa, page 95

[5] Mishkat Shareef, Vol. 2, pg. 280

[6] Muslim Shareef, Vol. 1, page 464

[7] Bukhari, Vol. 2, pg. 799

[8] Abu Da’ood, Vol. 1, pg. 303

[9] Tirmidhi, Vol. 1, pg. 136

Equality of Man and Woman

The religion of Islam gave women an honorable status and true dignity. Before the advent of Islam, women had no rights of any kind, or an independent identity in any form. The great importance of the Muslim woman’s role – whether as wife, sister, or daughter, and the rights that are due to her and the rights that are due from her – have been explained in the Glorious Qur’an, and further details of this have been explained in the purified Sunnah.

With the advent of Islam came the verse from the Qur’an condemning those who practiced female infanticide: “And when one among of them receives the glad tidings of a daughter, his face turns black for the day, and he remains seething. Hiding from the people because of the evil of the tidings; “Will he keep her with disgrace, or bury her beneath the earth?”; pay heed! Very evil is the judgment they impose!” [Surah an-Nahl : 58/59]

The Holy Qur’an makes no distinction between man and woman as regards to the fundamental human rights. Here we may specifically state that woman, like man, is the possessor of free personality, and enjoys equality with man, in respect of:

Her spiritual and moral status:

The Qur’an says: “…Unto men the benefit of what they earn (of virtue) and unto women the benefit of what they earn (of virtue)” [Surah al-Nisa : 32]i.e. in matters of spiritual grace both, man and woman, enjoy equal status and are independent of one another. A woman’s responsibility in faith is exactly the same as that of a man. Women are to pray, fast, give charity, perform the pilgrimage and perform other forms of Ibadah. A woman is rewarded for this just like a man. A woman must believe in the Oneness of Almighty Allah, the Books of Almighty Allah , the Angels of Almighty Allah, the Prophets of Almighty, the Day of Resurrection, the Day of Judgment and Heaven and Hell, and Predestination.

Her economic rights:

The Qur’an says: “Unto the men (of a family) belongs a share of that which parents and near kindred leave, and unto the women a share of that which the parents and near kindred leave, whether it be little or much – a legal share.” [Surah al-Nisa : 7]

Her legal rights:

The Qur’an says: “…And they (women) have rights similar to those (of men) over them, according to what is equitable…” [Surah al-Baqarah : 228]Islam ensured a dignified life to the fair sex, which was hitherto treated in an unfair manner. Woman became the mistress of the household. Man was not allowed to beat or manhandle them nor deprive them of their share in the property. The Holy Qur’an declared: “A mother should not be made to suffer because of her child, nor he to whom the child is born (be made to suffer) because of his child (because both are equal before the law)…” [Surah al-Baqarah : 233]

Her right for gaining the Knowledge:

Islam has made it a duty on every Muslim male and female to gain knowledge, which is considered to be a superior act of worship in Islam. In Islam, therefore both men and women are credited with the capacity for learning, understanding and teaching. Knowledge is not only limited to the religious knowledge but includes all forms of knowledge. Acquiring knowledge will enable Muslim women and men to get a better perception and understanding of the world around them and make them more conscious of Almighty Allah SubHanuhu wa Ta’ala.

Conclusion:The status of Muslim women as defined in Islam is very important because women make up half of society and they are responsible for nurturing, guidance and reformation of the subsequent generations of men and women. It is the female who imbues principles and faith into the souls of the nation. Indeed, the Muslim woman is the initial teacher in building a righteous society. Islam brought a new lease of life to women. Islam elevated the status of women to great heights so high that she stood shoulder to shoulder with man. In the Islamic family, the role of men and women is complementary rather than competitive. Their duties are described as equal in importance but not identical in substance.

Now, the issue of feminism in Islam is meaningless. The coming of Islam has brightened the life and future of women, in which Islam has lifted up their level. Islam upholds women to the highest and most respected position.

We hope our effort will be appreciated and our sisters in faith will surely remember us in their prayers for peace and prosperity, health and happiness and Allah’s SubHanuhu wa Ta’ala Mercy and Favour. May Almighty Allah SubHanuhu wa Ta’ala, through the Waseela of Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam accept this humble effort; and may He SubHanuhu wa Ta’ala give us the Toufeeq and Hidayah to restore the true rights to our Muslim women as dictated by Islam. Aameen!!

N.B.: We do not intend to restrict the readership of this note to sisters only; brothers also can benefit from this note. May Almighty Allah’s blessings be always with us and our families. Aameen!!

Question Answers

Impurities Menstruation Nifas Rules of Haiz and Nifas Istihaza Age of Adult Wudu Ghusal Bath Tayammum Prayers Salaah

Q1.	Besides blood, urine, alcohol, etc. what other major impurities are there which you should be aware of?
A1.	Menstrual flow (Haiz), blood from childbirth (Nifas) and blood discharge (Istihaza).

Q2.	What happens if these impurities are discharged from your body?
A2.	The Wudu and Ghusl will break.

Q1.	What is (Haiz) or menstruation?
A1.	When a female becomes a teenager, the blood that comes out from her private part (vagina) on a fixed time basis is known as menstruation or period (Haiz). A menstruating woman is not considered dirty or sinful, as is the case in some other religions and cultures. It is natural and normal for every girl from about nine to sixteen years of age to start menstruating. Another word for menstruation is “period”. A female usually has a period every 28 days (once a month), but this cycle often varies from about 25 to 35 days, women have different patterns. A menstrual period usually lasts between three and six days, but may be a day or two longer. When one starts having periods they are often rather irregular. One may have one and then not have another for a few months. After a while they will probably settle down. Use a diary to mark down the days when one has one’s period over the next six months and one may begin to see a pattern. A female should be able to work out the average length of time between periods, which will help her to know when to expect them. Once a female starts menstruating she is physically capable of having a baby. The cycle is repeated over and over again until about 54 years of age.

Q2.	At what age does menstruation begin?
A2.	Menstruation or period begins when you are at least nine years old. It ends when a woman is about fifty-five years old.

Q3.	What happens just before a period?
A3.	You may feel tense and irritable just before a period. Some girls feel tired and are unable to concentrate. Some feel weepy and depressed. Some girls get angry. It is normal to feel tired or even dizzy when your period is just starting or is at its heaviest. This is known as “PMS” or “Pre-menstrual syndrome”.

Q4.	Are you sick when you have a period?
A4.	Definitely not. It is normal for all females to have them. Some girls get abdominal cramps, or a headache, or feel a little bloated at the beginning of a period, but this is perfectly normal and will disappear in a day or two. Period pains can be worse if you are worried and tense. Some girls try to hold on to the blood flow because they are worried about soiling their clothes.

Q5.	How can you prevent your clothes from getting soiled when you have your periods?
A5.	There are special soft, absorbent pads (sanitary towels), which fit on the inside of your panties, called sanitary pads. They absorb the blood. You can also use tampons, which are inserted into the vagina. If your blood flow is very heavy, you may find that a little blood leaks around the edges, so it can help to wear darker colored pants, which won’t show the blood. Sometimes you will need to change your pads two or three times a day, but if it is heavy you will have to change every couple of hours.

Q6.	What can you do if you have period pains?
A6.	The best thing to do is relax, preferably in a warm place. If you are at home, curling up under the duvet with a hot water bottle and relaxing for a while can help. Some schools have a sick room to sit in or you can take a painkiller to help you relax.

Q7.	What are the colors of menstruation?
A7.	A period generally begins and ends with a slight, brownish discharge. In between, the blood becomes redder and the flow heavier. There are six colors of menstruation: black, red, green, yellow, brown and clayey. The white discharge is not menstruation.

Q8.	How long does menstruation last?
A8.	The time period for menstruation is at least three days and three nights, meaning a full seventy-two hours. The maximum is ten days and ten nights. Periods generally start light and are heavier for just a couple of days.

Q9.	What is (Istihaza)?
A9.	(Istihaza) is the blood that is discharged due to some illness.

Q10.	If the blood is discharged before the age of nine years, is it regarded as Haiz or not?
A10.	No. It is called Istihaza.

Q11.	What happens if the blood stops just less than seventy-two hours?
A11.	Then, it is not a period but Istihaza.

Q12.	What happens if the blood flows for more than ten days?
A12.	If this is the first instance that blood is discharged, then for the ten days it is regarded as menstruation and the rest it is Istihaza.

Q13.	What happens in a case if the usual time for menstruation is five days, but the blood is discharged for ten days? Would all these days be regarded as menstruation or not?
A13.	All the days are recognized as menstruation.

Q14.	What happens in a case if the usual time for menstruation is five days, but the blood is discharged for twelve days? Would all these days be regarded as menstruation or not?
A14.	The first five days is menstruation and the other seven is Istihaza.

Q15.	What happens if there is no regular pattern in the menstrual cycle, for example, sometimes the blood is discharged for four days and sometimes for five days?
A15.	Whatever amount of days was the last period, this will be counted on this occasion. It is not necessary that blood continue to be discharged all the time. If it starts and stops it is still recognized as menstruation.

Q16.	Can you miss your period?
A16.	Yes. You can also miss your period if you lose a lot of weight, are very stressed (for example, before exams), when traveling or during a family crisis, or if you are regularly involved in strenuous physical activity (for example, if you are an athlete) or hardworking.

Q17.	What must you do with the pads that you used?
A17.	You must dispose of it immediately and not store it under the bed or in the cupboard. Wrap them up well in paper and put them in the nearest bin. Only flush pads in the toilet as a last resort. Try to avoid this as it can clog the system.

Q18.	What other changes take place in a girl’s body?
A18.	In the year or two before your periods start, you will have become aware of changes in your body. You will become more aware of your body. At the start of puberty, a girl often starts to grow very suddenly, both in height and weight. Her face becomes fuller, and her voice a little lower. Her breasts start to develop and pubic and underarm hair starts to grow. She will find that she perspires much more than she used to. If you are having any worries about periods or changes that are happening to your body, it helps if there is someone to talk to. Talk to your mother, an older sister, aunt or madressa teacher. You should not be ashamed or embarrassed to consult with them.

Q1.	What is (Nifas)?
A1.	Nifas is the blood that is discharged due to childbirth.

Q2.	What is the time period for Nifas?
A2.	The maximum time for Nifas is 40 days and nights.

Q3.	What happens if the blood is discharged for more than 40 days?
A3.	If this is the woman’s first child, the full 40 days and nights is regarded as Nifas. If she cannot remember how long the blood was discharged from a previous childbirth, then the full 40 days and nights is regarded as Nifas. If she bleeds for more than 40 days and nights, it will be Istihaza.

Q4.	What happens if the woman can remember the length of the last Nifas?
A4.	She must regard that number of days that she previously had bleeding as her Nifas and anything more than those days (as long as the total goes over forty days) as Istihaza. For example, if her habit for Nifas is 30 days and this time the bleeding was for 45 days, then the 30 days is Nifas and the rest is Istihaza.

Q5.	What happens if the woman bleeds for a few days and then the bleeding stops and continues after a few days? Will this still be taken as Nifas?
A5.	If at times the blood is discharged and sometimes it stops and continues again, it is still taken as Nifas as long as it is all within the 40 days. Note: If a woman after childbirth stops bleeding before 40 days, she is to make Nifas Ghusal and start performing her Salaah and not wait until 40 days to perform Ghusal. This is a common mistake women make.

Q1.	Can one perform Salaah or keep fast during Haiz and Nifas?
A1.	It is Haraam to perform Salaah or keep fast whilst in Haiz or Nifas. When the Haiz or Nifas is completed, one must perform Ghusal without delay and offer your Salaah.

Q2.	Must one make Qada for the missed Salaah during Haiz and Nifas?
A2.	Salaah is forgiven in both these situations and there is no need to keep Qada for the missed Salaah.

Q3.	Must one make Qada for the missed fasts during Haiz and Nifas?
A3.	Yes. It is obligatory to keep the Qada of the fasts during both these situations.

Q4.	What should you do during the times of Salaah?
A4.	During the times of Salaah, you should perform Wudhu and recite the Durood Shareef or some other prayer for the duration of the Salaah. The reason for doing this is so that you will remain in the habit and not become lazy for Salaah or Ibaadah.

Q5.	Are you allowed to read the Holy Quran in Haiz or Nifas?
A5.	It is Haraam for you to recite the Holy Quran whether you look at it or recites it by heart. It is also Haraam for you to touch the Holy Quran, whether the whole of it or part of it. You are not even allowed to touch any verse with the tips of your fingers or any other part of the body. It is also Haraam for you to touch a piece of paper that has a verse of the Quran written on it.

Q6.	During Haiz and Nifas, what are you allowed to recite and what are you not allowed to recite?
A6.	It is Makrooh for you to recite the Du’a-e-Qunoot whilst in Haiz or Nifas. All other recitations, such as Tasbeehs, Du’as, Durood Shareefs, etc. are allowed without any problems except for the Holy Quran. It is also better for you to perform Wudu or wash the mouth before the recitation.

Q7.	If a female, who is teaching the Holy Quran, has Haiz or Nifas, what should she do?
A7.	She should teach each verse whilst breaking it into parts (breathing in between the words). There is no problem in spelling the verses for the student.

Q8.	What should a fasting female do if her Haiz begins just before Maghrib or if a woman gives birth just before Maghrib?
A8.	Her fast is nullified and she has to make up for that day (keep Qada) after Ramadaan.

Q9.	What should you do if your menstrual flow has stopped anytime between sunrise and sunset in the month of Ramadaan?
A9.	You should stop eating and drinking from that time until Maghrib (time of breaking fast). This, however, should not be considered as fasting as you have to make Qada for those days. This is only done in respect for the fasts and the sacred Month of Ramadaan.

Q10.	Are females allowed to take contraceptive pills to prevent menstruation during Ramadaan?
A10.	Yes, a female is allowed to take the pill to stop menstruation during Ramadaan as long as it does not endanger her health in any way. She should consult her parents or doctor for advice.

Q11.	It is a belief by some people that a female in Haiz or Nifas is not allowed to cook, to serve the food, to sit anywhere in the house, to touch item, etc. Is this correct?
A11.	No. This has no basis in Islam. This is all based on superstition and should be stopped.

Q12.	If there is impurity such as blood on the clothing, how can it be cleaned?
A12.	If the impurity is thick, such as blood, fasces, etc. then wash thoroughly at least three times and squeeze dry to make sure that it is clean of all impurities. However, if it takes four or five times to clean, then this must be done. If the impurity is cleaned off the first time it is Mustahab to clean it three times.

Q1.	What is (Istihaza)?
A1.	(Istihaza) is the blood that is discharged from a woman’s private part, but is not due to Haiz or Nifas. It may be due to some illness (e.g. an infection).

Q2.	During Istihaza, is the Salaah or fast that is missed forgiven or not?
A2.	Whilst a woman is in Istihaza, the Salaah and the fasting are not forgiven. She must keep Qada Salaah and fast for the missed days.

Q1.

What is the age of becoming an adult?

A1.

A female’s age is at least nine and at the most fifteen years. A male?s age is at least twelve and fifteen years at the most. It is necessary to believe a fifteen year old as an adult according to Shari?ah whether or not they show signs of adulthood. Whether a person is a male or a female, once they reach the age of adolescence, all Salaah and fasts will become obligatory on them. Girls and boys should sleep apart from the age of ten.

Q1.

What special care should you take when making Wudu?

A1.

You must with great care wash the skin above and below the lips, nails, eyes, the hair on eyelashes, eyebrows, the skin underneath jewellery and even the hole pierced in the nose. If a pinpoint of it is left dry then the Wudu will not count. If you fear that water will not pass easily over these areas, then it is better to remove such items. You should also wash your hands and feet very quickly without leaving those parts exposed for a long time. This speed should not omit any part to be washed thoroughly. Make your Wudu in a private place. Do not make Wudu in the presence of ghair-mahram, those whom Islam allows you to marry.

Q1.	When is it obligatory for a female to make Ghusal?
A1.	She should make Ghusal:- To become clean from menstrual period (Haiz). To become clean from blood after childbirth (Nifas). When a woman experiences a wet dream and has a discharge from her private parts. If a male has sexual intercourse with a female, bathing would be obligatory on both.

Q2.	How should the body be washed in Ghusal?
A2.	Every single part of the body must be washed. Make sure that the water reaches all parts of the body up to and including the soles of the feet. Ensure that every strand of hair and every pore is washed, because even if only one strand of hair or it’s point equivalent remains dry, the Ghusal will not be valid.

Q3.	What should you do if your hair is plaited?
A3.	If your hair is plaited, you are excused from loosening your plaited hair but it is compulsory for you to wash the base of each and every strand of hair. If you fail to do this, then the Ghusl will not be valid. If a single strand of hair is left dry, Ghusl will not be valid. If you are unable to wet the very bottom of your plaited hair, then it is necessary for you to un-plait and wash your entire hair. It is recommended to open the plaited hair before Ghusal.

Q4.	Are you allowed making Ghusal while wearing rings and ear-rings?
A4.	No. All finger and ear-rings should be removed while bathing to allow water to pass onto the skin. There is fear that water will not pass easily over these areas if you do not remove them.

Q5.	When making Ghusal, what is the rule if the nose is pierced?
A5.	If the nose is pierced then the water must reach the hole in which the nose-ring was as this too is also necessary.

Q6.	Is it permissible to make Ghusal with cutex on the nails?
A6.	If any substances like cutex, flour, paint or gum is stuck on the skin or nails, it must be removed to allow water to pass on the skin and nails.

Q7.	When should the hair from under the armpits be removed?
A7.	One should remove all hair from under the armpits at least once a week. One should not delay the removal of hair for more than 40 days. The hair that is removed should be buried.

Q8.	When should the hair (pubic hair) be removed from below the navel?
A8.	One should remove unwanted hair at least once a week. This also should not be delayed for more than 40 days.

Q1.	If you become clean from Haiz or Nifas (if bleeding stops) but have no access to water, can Tayammum be performed?
A1.	Yes, in such circumstances one can make Tayammum and perform Salaah.

Q1.	How should you cover your body for Salaah?
A1.	The body must be completely covered except for the face, the hands including the wrists, and feet below including the ankles.

Q2.	How should the head be covered for Salaah?
A2.	It is compulsory for you to cover your head and hair, the neck and the collar (throat). If you are wearing a very thin veil over your head such that the hair’s shininess or color can be seen, then the Salaah will not be valid.

Q3.	What happens if a small portion of a female’s body is uncovered during Salaah?
A3.	In all the parts that are compulsory to cover, if one part was uncovered and was less than a quarter in proportion, then the Salaah is valid. If the opened part is a quarter in size and one is able to cover it immediately, then too the Salaah is valid. If the part was uncovered for one (Rukn), meaning the time you could say (Subhan-Allah) three times, or was uncovered deliberately and whether it was covered again immediately, the Salaah is nullified.

Q4.	What are the Aurat parts for a female?
A4.	The entire body is the Aurat for a female, except for the face, both hands until the wrists and both feet until the ankles. This is split into thirty parts of the body. These parts are: The head, from the top of the head until the start of the neck The hair and its full length The right ear The left ear The neck (and throat) The right shoulder The left shoulder The top right arm including the elbow The top left arm including the elbow The bottom right arm (below the elbow including the wrist) The bottom left arm (below the elbow including the wrist) The chest, below the neck/throat up to the breasts Back of the right hand Back of the left hand The right breast The left breast The stomach, from below the breasts including the navel The upper back, meaning the other side of the chest Both armpits until the lower back The right hip The left hip The vagina The posterior The right thigh including the knees, the knee is not a separate part but is included The left thigh including the knees, the knee is not a separate part but is included Below the navel till the start of the pubic hair and the lower back, is all one Aurat. The right shin, from below the knee including the ankle The left shin, from below the knee including the ankle. The right base of the foot The left base of the foot. Many Ulema have not included the back of the hands and the base of the feet as part of the Aurat. Note: Although the woman’s face is not an Aurat, it is still forbidden to expose it to foreign males or ghair-mahram, those whom Islam allows you to marry. It is also forbidden for foreign males to look at a female’s face.

Q5.	How should you stand on the Musallah (prayer mat) for Salaah?
A5.	The feet must be together. The feet must be joined at the ankles. The face and the body must be towards the direction of the Qiblah.

Q6.	When saying the Takbeer-e-Tahreemah or (Allahu Akbar), how high should the hands be raised?
A6.	Lift your hands up to your shoulders in such a manner that they are in line with the shoulders, and say (Allahu Akbar) and begin the Salaah. The palms must be facing the Qiblah. Hands must be inside the Burqah (veil, robe) covering your head.

Q7.	After saying the Takbeer-e-Tahreemah, where should you place your hands?
A7.	Females should place their hands on their chest above the breast. The palm of the right hand should rest on the back of the left hand. The fingers of each hand should be kept well pressed that they touch one another.

Q8.	4. How should the Ruku be done?
A8.	When going into Ruku, you should bend just sufficient enough to let the fingers reach the knee. The arms should be pressed towards the body. The feet at the ankles should be joined together. The knees should be drawn close to each other so that they touch each other.

Q9.	How should you perform the Sajdah?
A9.	Sajdah should be performed in such a manner that the knees are first placed on the ground. Thereafter, the hands should be placed on the ground in a way that they will finally rest in line with the ears. The fingers should be well pressed together. Place your head between the two hands. While in Sajdah, both the nose and the forehead should touch the ground. The fingers and toes should all face the Qiblah. The feet should be kept straight but pointing outwards towards the right. The stomach and the armpits should be close to the body. The elbows should lie flat to the ground. The thigh should not be raised, but it should be in as flat as possible. The hips should not be raised and should be as close to the ground as possible.

Q10.	How must you sit in the Jalsa position?
A10.	You should sit on the buttocks – haunch. Spread both the feet towards the right side in such a manner that the right leg is over the left. Both hands should be placed on the thighs with the fingers joined to one another. The tips of the fingers should be close to the knees but not holding the knees or hanging over them.

Q11.	Are women allowed to call out the Adhaan and Iqaamah for Salaah?
A11.	It is Makrooh-e-Tahrimi (almost Haraam) for women to call the Adhaan or Iqamaah. If a woman calls the Adhaan, she will be sinful and the Adhaan will have to be repeated by a male.

Q12.	When must a female not respond to the words of the Adhaan?
A12.	It is not Waajib for a female who has Haiz or Nifas to reply to the Adhaan.

Q13.	While the Adhaan is being called, what must one do?
A13.	Whilst the Adhaan is being called, all talking, greeting and replying to the greeting should be stopped. All other work should be stopped. Cooking or cleaning of the house should be stopped. Even the recitation of the Quran should be stopped if the sound of Adhaan is heard. You should listen to it and reply to it. The same rule applies for Iqaamah. Those who remain busy in conversation will experience a bad death. If one is walking and if one hears the sound of Adhaan, then stop, listen to it and reply to it. The Hadith Shareef has reported great virtues for one who stops all work and listens to the Adhaan.

Q14.	If a female who has Haiz or Nifas recited the verse of Sajdah, will it be binding on her to perform the Sajdah-e-Tilaawat?
A14.	It would not be necessary for her to perform the Sajdah.

Q15.	If a female who has Haiz or Nifas heard the verse of Sajdah, will it be necessary for her to perform the Sajdah-e-Tilaawat?
A15.	It is not Waajib for her to perform the Sajdah-e-Tilaawat if she hears such verse.

A Husband Duties towards his Wife

Almighty Allah SubHanuhu wa Ta’ala has prescribed certain rights of the husband towards their wives. The Holy Qur’an says: “The women have almost the same rights over men as men have certain rights over the women in kindness.”

Beloved Prophet SallAllaho Alaihi wa Sallam has said: “Best among you are those who behave well with their women.”

The Prophet of Allah SallAllaho Alaihi wa Sallam has also said: “I make a Will to you about the women, so obey my will.”

In another Hadith, the Beloved Habeeb SallAllaho Alaihi wa Sallam is reported to have said: “No believing man should have enmity and hatred against a believing woman. If he dislikes certain habits of that woman, there would certainly be some virtues in her too.”

The Hadith means that the woman must be having both good and bad habits. Man should not always point out her bad habits only. He should also appreciate her good habits.

The Rights of the Wife

There are certain obligations that men owe to the women and these obligations should be fully appreciated.

1. Every husband has the obligation to provide for the sustenance of his wife. She should be provided with adequate food, a comfortable home, suitable clothes and other basic amenities of life. He should always bear in mind that this woman has disassociated herself from her parents, brothers and sisters, relatives and friends and has joined him to share all the ups and downs of life. Hence, it has become his duty to look after her basic needs and comforts.

2. It should be remembered that husbands, who never bother for the sustenance of their wives, commit a severe crime of depriving Allah’s SubHanuhu wa Ta’ala creatures of their rights. Such people would be dealt with severely in the Court of Allah SubHanuhu wa Ta’ala. The Holy Qur’an says: “Men are the protectors and maintainers of women, because Allah SubHanuhu wa Ta’ala has given the one more (strength) than the other, and because they support them from their means.” [4:34]

3. The husband should satisfy his wife’s physical needs. The Sharee’ah has not prescribed any limit for this. But, he has to ensure that woman’s minimum sexual requirements are met so that she may not commit a sin by eyeing other men in order to quench her thirst. There are certain men who, after marriage, do not take care of the sexual needs of their wives. Such people are great sinners and will be severely convicted in the Court of Allah SubHanuhu wa Ta’ala. Almighty Allah SubHanuhu wa Ta’ala has granted women the right to conjugal relations with their husbands. The importance of this right can be well understood by the following example of Ameer al-Mo’mineen Sayyiduna Umar al-Farooq Radi ALLAHu Ta’ala Anho. It is reported that he was on his routine inspection round at night in Madinatul Munawwara when he heard an old lady moaning and reciting melancholic couplets. The Caliph Radi ALLAHu Ta’ala Anho stopped there and listened to the wailing lady. He Radi ALLAHu Ta’ala Anho investigated the matter and came to know that the husband of the woman had gone for Jihad long time ago and this woman has been remembering her husband with these sad couplets. The Ameer Radi ALLAHu Ta’ala Anho was deeply moved and immediately issued an official Decree to all chiefs of his army that no married man should be away from his wife for more than four months.

4. The husband should not beat up his wife without her committing a most severe crime. The Messenger of Allah SallAllaho Alaihi wa Sallam has said: “Nobody should beat up his wife as he does beat up his slave. He should make love with her later some time.”

However, if the woman commits a bigger crime, the husband can beat her not in vengeance but with the intention of reforming her and as a warning. While beating, he should take care that she should not be hurt seriously. The Books of Fiqha have mentioned that the husband can punish his wife for four things:

a. If the husband orders his wife to decorate herself with ornaments and legitimate make-up but she disobeys and remains dirty.
b. If the husband invites her to bed and she refuses without any legitimate reason.
c. If she does not take bath to purify herself after menses.
d. If she abstain from performing Salaah without a legitimate reason.

5. In order to bring peace and prosperity in the married life, both the wife and the husband should take care of each other’s sentiments and emotions. The anger of husband brings to the wife nothing but tension, depression and confusion. Similarly, the anger of the wife brings to the husband nothing but disappointment, mental torture, frustration and bitterness. It is, therefore, advisable to both husband and wife to be patient and compassionate in their dealings.

6. The husband should never appreciate the beauty and other merits of strange woman in front of his wife. This may lead to create jealousy and suspicion in the mind of his wife. She would think that her husband has some illicit relations with that woman. This thought is a poison that kills matrimonial relations. If a man cannot tolerate that his wife should wrongly be associated with another man, the wife also cannot tolerate another woman to share her husband. The woman cannot listen to praise and admiration of another woman through the lips of her husband even if that another woman happens to be his mother or sister or some other close relative.

7. Man is, undoubtedly, made a ruler over the woman but it does not mean that he should ask her to do a work, which is beyond her capacity, or a work which she would not like to do. If the husband still insists his wife to do the work against her will, she would accomplish that job unwillingly and this would create a sort of disgust against her husband, which would ultimately mar their matrimonial life.

8. The husband should from time to time censure the life style of his wife – sometimes in a harsh tone, sometimes with love and affection and sometimes with persuasion. There are husbands who always keep a rod hanging with their moustaches and never treat their wives in a good manner other than rebuking and beating them. Such wives get frustrated and start hating their husbands. There are other hen-pecked husbands who over-pamper their wives even after they commit severe blunders. Their wives become stubborn and outspoken.

9. The husband should implement this couplet of Sa’di of Shiraz in their life. He says: “Strictness and pampering are very good things but at appropriate times”. For example, the surgeon cuts open the wound but at the same time apply soothing ointment. Likewise, the husband should not be very strict nor very soft. A middle path always brings good results.

10. The husband, while setting out on a tour, should go to his wife and informally seek her consent in a loving manner and as a matter of goodwill. He may ask her to invoke the Almighty Allah SubHanuhu wa Ta’ala that the journey may prove safe and beneficial for him. Similarly, while returning from the tour he should bring some exclusive gifts for her. This gesture would encourage the wife to think with satisfaction that my husband loves me to the extent that even if he was away engaged in his business activities, he remembered me. Thus, a simple initiative on the part of the husband will win over the heart of his wife.

11. If the woman brings anything from her father’s house or prepares herself and presents it to the husband, he should express gratitude and appreciate it. This will please her. The husband should never reject or discard or criticize any gift offered by his wife.

12. If the wife falls sick, the husband should dedicatedly look after her. He should take extra pain in her nursing, feeding, etc. This little service will win over the heart of the wife and she will be very grateful to the husband.

13. The husband should express his full confidence and trust in his wife and, to prove this, he should hand over the domain of the house to her so that she may feel dignified and involved. The Holy Prophet of Islam SallAllaho Alaihi wa Sallam has said that the woman is the guardian and caretaker of her husband’s house and Almighty Allah SubHanuhu wa Ta’ala will take an account from her in this regard on the Day of Judgement.

14. The very benefit of relying on the wife would be that she would feel herself responsible for a vital department in the set up of the household. This will give the husband an opportunity to freely think of other things regarding the promotion and progress of his business.

15. The husband should never share the secrets of her wife with others. Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam has said: “Worst is the person in the sight of Allah SubHanuhu wa Ta’ala who goes to his wife and then discloses her secrets and lowers her status in the eyes of others”.

16. The husband should be neat and clean as he expects the same from his wife. He should look smart, dynamic and a loveable person.

17. The husband should provide her with the paraphernalia of personal hygiene such as soap, hair oil, comb, Mehndi, perfumes, etc. so that the wife may keep herself neat and clean and in better looks.

18. The husband should not level charges of corrupt practices against his wife without going into the depth of the matter. The relationship between a husband and a wife is based purely on mutual understanding. They have to trust each other. Any baseless suspicion against each other would mar the relations of the husband and wife. A Hadith says: “One Bedouin came to the court of the Holy Prophet SallAllaho Alaihi wa Sallam and said, ‘O Allah’s Apostle SallAllaho Alaihi wa Sallam, my wife has delivered a child who is dark complexioned and does not resemble me. I am sure it is not my child’. The Holy Prophet SallAllaho Alaihi wa Sallam said, ‘Do you have some camels?’ He said, ‘Yes, I have many camels’. The Holy Prophet SallAllaho Alaihi wa Sallam asked, ‘What is the colour of those camels?’ He said, ‘They are brown’. The Prophet of Islam SallAllaho Alaihi wa Sallam asked, ‘Are there some grey camels among them?’ He said, ‘Yes, a few of them are grey’. The Prophet SallAllaho Alaihi wa Sallam said, ‘Tell me how those brown camels gave birth to these grey camels?’ He said, ‘Some camel among the ancestors of my brown camels would have been of grey colour and these grey camels might have taken their origin from that particular camel.’ The Holy Prophet SallAllaho Alaihi wa Sallam said, ‘Similarly, it is possible that anyone among your ancestors would have been of black complexion and your child might have inherited his genetic influence.’”

19. If there is some difference of opinion between the husband and wife, the husband should not make a hurry to pronounce divorce to her. He should exercise restraint. After his anger subsides, he should ponder over the entire matter with a cool mind. He may seek the advice of his elders in this matter and decide whether or not there is a chance of reconciliation and settlement. If a point of understanding and reconciliation emerges, he should act accordingly and refrain from breaking the wedlock. The Beloved Habeeb SallAllaho Alaihi wa Sallam has said that the divorce is the most disliked things among the permissible things in the sight of Almighty Allah SubHanuhu wa Ta’ala.

20. If both husband and wife feel that there is no way out except the separation, the husband should pronounce one Talaaq after the woman clears her menses. There will be a temporary separation between them. This period will give them enough time to review their decision of separation. If they think that reconciliation is in their interest, the husband should take his wife back in his arms and forget what had happened between them. But if they think that they can no more live together, the husband should pronounce the second Talaaq after she clears her menses. The second pronouncement separates both of them. They have still a time to think of reconciliation. If they decide to live together, they have to perform the Nikah afresh after the period of Iddat is over. If they do not go for any reconciliation till the completion of the Iddat period, the third Talaaq will automatically come into force bringing a permanent separation between them. They cannot enter wedlock unless they go for Halalah. Halalah means that the woman should marry another man and have physical intercourse with him. The husband number two should divorce her. After the completion of the period of Iddat, she can marry the husband number one again.

21. There are some ignorant persons who play with the word Talaaq. They pronounce the divorce over minor clashes with their wives. After the pronouncement of divorce they repent and rush to the theologians and Muftis and force them to give a verdict in their favour. Some persons, while approaching the theologians, tell a lie that they had pronounced only one Talaaq. The Mufti has to allow them to retain their wives according to the Law of Sharee’ah. Thus, these ignorant people get themselves involved in establishing relations with a woman who is otherwise not to be taken as wife without Halalah.

22. If a man possesses more than one wife, it is obligatory on him to do justice with them. There should be equal treatment among wives in respect of sustenance, living conditions and personal attention. He has to spend equal time with every one of them. The Holy Prophet SallAllaho Alaihi wa Sallam has said that if a man has two wives and does not treat them equally, he would be raised on the Day of Judgment with half his body paralysed.

23. If the husband faces some trouble because of the misbehaviour of his wife, he should try to avoid her and keep patience. Woman’s arrogance and foolishness is a natural phenomenon. The Glorious Prophet of Islam SallAllaho Alaihi wa Sallam has said: “Woman has been created from the bent rib of Adam Alaihis Salam. If somebody tries to make the bent bone straight, it will rather break instead of becoming straight”. Similarly, if someone tries to set his wife right, there will be more a chance of separation instead of improvement in her nature.

24. The husband should not behave as a miser in meeting the materialistic requirements of his wife nor should he go for extravagance in her maintenance. He should define his expenditure as per his capacity.

25. The husband should not confine his wife within the four walls of his house. She should be taken to her parents and relatives from time to time provided these visits do not bring any trouble to the peace of his house.
—
Extracted from the Book, “Gateway to Heaven”
by Hadrat Allama Sayyid Shah Aal-e-Rasool Nazmi Barakati

A Woman Duties towards her Husband

by Sayyid Shah Aal-e-Rasool Nazmi Barakaati

All Praise is due to Allah, Lord of the worlds, our Cherisher and Sustainer. All praise is due to Allah, who created spouses for us from ourselves to gain rest and kept love and mercy between the Husbands and the Wives. Countless Durood and Salaams be upon the most perfect and unique of creation, our Leader, our Master, the Beloved of Allah SubHanuhu wa Ta’ala Muhammad Mustafa SallAllahu Ta’ala Alaihi wa ala Aalihi wa SaHbihi wa Baaraka wa Sallam.

The Holy Qur’an says: “…So the righteous women are obedient [to Allah SubHanuhu wa Ta’ala and submissive to their husbands], and guard in [the husband’s] absence what Allah SubHanuhu wa Ta’ala would have them guard [i.e., their chastity and the prestige and property of the husband]…” [4: 34]

As a wife, side by side with enjoying equal fundamental human rights, a woman has been placed one degree below the husband in the matter of administering the affairs of the family. The Qur’an says: “…but men have a degree over them…” [2:228]

Compare this with the following verdicts of the exponents of modern scientific thought on this problem.

Says Nemilov: “Man, perhaps even down to the protein molecules of his tissue cells, is biologically different from woman. From the very moment of sex formation in the embryo, the biological ducting of the sexes develops along entirely divergent paths … We must recognize the unquestionable existence of the biological inequality of the sexes. It goes deeper and is of far greater import than it would appear to those not familiar with natural science.”

“The desires and conduct of the two sexes”, says Mercier, “are not similar but are complementary and reciprocal. In courtship the male is active: his role is to court, to pursue, to possess, to control, to protect, to love. The role of a female is passive … Consequent on this fundamental difference are certain others. For pursuit, greater ardour is necessary than for mere reception; and the courting activity of the male is, throughout the whole animal kingdom, more ardent than that of the female; and this greater ardour is connected with certain other differences.” .

It should, however, be clearly kept in mind that, in the Qur’anic teaching, the husband and the wife stand in complementary relation to each other, and never in the relation of the ruler and the ruled. The Qur’an enjoins upon men: “They are your garments and you are their garments….” [2:187]

In the presence of the husband, the Holy Qur’an has not chosen her to function as the head of the family, because owing to his masculine constitution and appropriate mental make-up, the husband is better equipped to earn livelihood for the family, to bear the physical strains, and to avert dangers to the family in general. The Holy Qur’an refers to these functions of the husband when, speaking of his role for the wife. It says: “Men are the protectors and maintainers of women, because Allah SubHanuhu wa Ta’ala has given the one more than the other, and because they spend of their wealth …” [4: 34]

Of course, the husband has to administer the family jointly with the wife, according to the Qur’anic Law: “… who conduct their affairs by mutual consultation …” [42: 38]

As a follower of the Qur’an, it is only in extreme cases that the husband may differ irreconcilably with the wife. But, then too, he cannot transgress the bounds of justice and mercy of the Holy Qur’an, which commands him to be always just, merciful and considerate.

The second position of the wife as administrator is, thus, not a source of suffering for her but a source of strength and a blessing.

Every woman must obey the legitimate commands of her husband. Appeasement of husband is a great virtue while the displeasure of the husband carries heavy prosecution. The Holy Prophet of Islam SallAllaho Alaihi wa Sallam has said: “If I were to command humans to prostrate before anyone other than Allah SubHanuhu wa Ta’ala, I would have commanded the women to bow down before their husbands.”

The Messenger of Allah SallAllaho Alaihi wa Sallam has also said: “If a woman dies in a state that her husband is happy with her, she would enter the Paradise”.

The Glorious Prophet SallAllaho Alaihi wa Sallam has also said: “When the husband calls his wife for some work, she should immediately attend his call even if she may be sitting by the side of her hearth ”. The Hadith means that the wife should give top priority to attend to her husband.

The Holy Prophet SallAllaho Alaihi wa Sallam said: “Allah’s SubHanuhu wa Ta’ala Angels curse the woman throughout the night whose husband calls her to bed but she refuses and the husband goes to sleep in anger”.

Relations between husband and wife have been conceived as based on mutual cooperation, love and compassion. The Holy Qur’an says: “And among His Signs is this that He created your mates from among yourselves, that you may dwell in tranquility with them, and He has put love and mercy between your ; verily in that are Signs for those who reflect.” [30: 21]

It means that : –

Marriage is essentially a spiritual bond of union, rather than a mere physical relationship;
Marriage should be contracted with the firm resolve of maintaining the relation for life;
Monogamy should be ideal, because that is the ideal condition in which mutual cooperation, the common man can practice harmony and love normally and smoothly.

Arabic Books on the Justification of Milad

المؤلفات في المولد النبوي الشريف

1. الأحدب الطرابلسي: إبراهيم بن السيد علي الطرابلسي الحنفي نزيل بيروت توفي برجب سنة 1308 ثمان وثلاثمائة وألف. منظومة في مولد النبي صلى الله عليه وسلم.
2. الغرناطي: أحمد بن علي بن سعيد الغرناطي الأندلسي المالكي المتوفى سنة 673 ثلاث وسبعين وستمائة صنف تاريخ غرناطة. ظل الغمامة في مولد سيد تهامة.
3. ابن حجر الهيتمي: أحمد بن محمد بن محمد بن علي بن حجر الهيتمي شهاب الدين المكي الشافعي ولد سنة 899 وتوفي سنة 974 تحرير الكلام في القيام عن ذكر مولد سيد الأنام
4. السيواسي: أحمد بن محمد بن عارف شمس الدين أبو الثناء الزيلي الرومي السيواسي الحنفي الصوفي المتوفى سنة 1006 ست وألف مولد النبي صلى الله عليه وسلم.
5. أحمد الآمدي: أحمد بن عثمان الديار بكري الآمدي الحنفي الشاعر المتخلص بأحمدي ولد سنة 1100 وتوفي سنة 1174 أربع وسبعين ومائة وألف له مولد النبي صلى الله عليه وسلم.
6. المرزوقي: السيد أحمد بن محمد بن رمضان أبو الفوز المدرس في الحرم المكي له بلوغ المرام لبيان ألفاظ مولد سيد الأنام في شرح مولد أحمد البخاري فرغ منها سنة 1281.
7. الحبيشي: أبو بكر بن محمد بن أبي بكر الحبيشي الأصل الحلبي المنشأ والوفاة تقي الدين الشافعي بسطامي الطريقة توفي سنة 930 الكواكب الدرية في مولد خير البرية.
8. البرزنجي: لسيد جعفر بن إسماعيل بن زين العابدين ابن محمد البرزنجي الحسيني مفتي الشافعية بالمدينة المنورة توفي بها سنة 1317 سبع عشرة وثلاثمائة وألف. من تصانيفه الكوكب الأنور على عقد الجوهر في مولد النبي الأزهر صلى الله عليه وسلم.
9. خليل بن كيكلدي بن عبد الله لاعلائي أبو سعيد الدمشقي الشافعي مدرس الصلاحية بالقدس ولد سنة 694 وتوفي سنة 761 إحدى وستين وسبعمائة له من التصانيف: الدرة السنية في مولد خير البرية.
10. الراوندي: أبو الحسن سعيد بن هبة الله بن الحسن الراوندي الشيعي قطب الدين المتوفى سنة 673 ثلاث وسبعين وخمسمائة. له من التصانيف: جني الحنتين في مولد العسكرين.
11. البروسوي: سليمان بن عوض باشا بن محمود البرسوي الحنفي كان إماماً في دائرة السلطان بايزيد العثماني توفي في حدود سنة 780 ثمانين وسبعمائة. له مولد النبي صلى الله عليه وسلم.
12. سليمان بن عبد الرحمن بن صالح الرومي الكاتب أحد رجال الدولة المتخلص بنحيفي توفي سنة 1151 إحدى وخمسين ومائة وألف. من تصانيفه: مولد النبي صلى الله عليه وسلم منظومة تركية.
13. يوسف زاده الرومي: عبد الله حلمي بن محمد بن يوسف ابن عبد المنان الرومي الحنفي المقري المحدث المعروف بيوسف زاده شيخ القراء. ولد بأماسية سنة 1085 وتوفي سنة 1167. له منن التصانيف: الكلام السني المصفى في مولد المصطفى.
14. بدائي الكاشغري: عبد اله بن محمد الكاشغري المتخلص بندائي النقشبندي الزاهدي نزيل قسطنطينية يدرس بها ويعلم الطريقة النقشبندية توفي في صفر من سنة 1174 أربع وسبعين ومائة وألف. له مولد النبي صلى الله عليه وسلم.
15. سويدان: عبد الله بن علي بن عبد الرحمن الدمليجي الضرير المصري الشاذلي النحوي الشافعي المعروف بسويدان توفي سنة 1234 أربع وثلاثين ومائتين وألف صنف: مطالع الأنوار في مولد النبي المختار صلى الله عليه وسلم.
16. النحراوي: عبد الرحمن بن محمد النحراوي المصري الشهير بالمقري المتوفى سنة 1210 عشر ومائتين وألف. له حاشية على قصة المعراج للمدابغي. حاشية على مولد النبي للمدابغي.
17. لدمشقي: عبد الفتاح بن عبد القادر بن صالح الدمشقي أبو الفتح الخطيب الشافعي ولد سنة 1250 بدمشق وتوفي بها في محرم من سنة 1305 خمس وثلاثمائة وألف له من التصانيف: سرور الأبرار في مولد النبي المختار صلى الله عليه وسلم.
18. العيدروسي: محيي الدين عبد القادر بن شيخ ابن عبد الله بن شيخ بن عبد الله العيدروسي أبو بكر اليمني الحضرمي ثم الهندي ولد سنة 987 وتوفي سنة 1038. من تصانيفه: المنتخب المصفي في أخبار مولد المصطفى.
19. أشرف زاده البرسوي: عبد القادر نجيب الدين ابن الشيخ عز الدين أحمد المعروف بأشرف زاده البرسوي الحنفي المتخلص بسري شيخ زاوية القادرية بأزنيق المتوفى سنة 1202 من تصانيفه: مولد النبي صلى الله عليه وسلم منظومة تركية.
20. الأدرنةوي: الشيخ عبد الكريم الأدرنة وي الخلوتي المتوفى سنة 965. خمسو ستين وتسعمائة له مولد النبي صلى الله عليه وسلم منظوم تركي.
21. المرداوي: علي بن سليمان بن أحمد بن محمد المرداوي علاء الدين أبو الحسن المقدسي شيخ الحنابلة بدمشق المتوفى سنة 885 خمس وثمانين وثمانمائة له: المنهل العذب القرير في مولد الهادي البشير النذير صلى الله عليه وسلم.
22. النبتيني: علي بن عبد القادر النبتيني ثم المصري الحنفي الموقت بجامع الأزهر بالقاهرة المتوفى سنة 1061 إحدى وستين وألف من تصانيفه: شرح على مولد النجم الغيطي.
23. البرزنجي: السيد علي بن حسن البرزنجي المدني الشافعي. له: نظم مولد النبي صلى الله عليه وسلم لأخيه جعفر البرزنجي توفي في أواخر القرن الثاني عشر.
24. ابن صلاح الأمير: السيد علي بن إبراهيم بن محمد بن إسماعيل بن صلاح الأمير الصنعاني الأديب الزيدي ولد سنة 1171 وتوفي في حدود سنة 1236 ست وثلاثين ومائتين وألف. له تأنيس أرباب الصفا في مولد المصطفى .
25. باعلوي: عمر بن عبد الرحمن بن محمد بن علي بن محمد بن احمد باعلوي الحضرمي صاحب الحر؟ المتوفى سنة 889 تسع وثمانين وثمانمائة له: كتاب مولد النبي صلى الله عليه وسلم.
26. الجزائري: محمد بن عبد الله بن محمد بن محمد بن أحمد ابن أبي بكر العطار الجزائري المتوفى سنة 707 سبع وسبعمائة له المورد العذب المعين في مولد سيد الخلق أجمعين. نظم الدرر في مدح سيد البشر صلى الله عليه وسلم.
27. الكازروني: محمد بن مسعود بن محمد سعيد الدين الكازروني المتوفى سنة 758 ثمان وخمسين وسبعمائة من تصانيفه: مناسك الحجز المنتقى من سير مولد النبي المصطفى صلى الله عليه وسلم فارسي.
28. ابن عباد الرندي: محمد بن إبراهيم بن أبي بكر عبد الله بن مالك بن عباد التعزي نسبا والزندي بلدا أبو عبد الله المالكي الصوفي الشهير بابن عباد ولد سنة 733 وتوفي سنة 792 اثنتين وتسعين وسبعمائة له: مولد النبي صلى الله عليه وسلم.
29. لفيروز آبادي: محمد بن يعقوب بن محمد بن يعقوب بن إبراهيم الفيروز آبادي مجد الدين أبو طاهر الشيرازي ولد بكازرون سنة 729 وتوفي قاضيا بزبيد اليمن سنة 817 سبع عشرة وثمانمائة. صنف من الكتب: النفحة العنبرية في مولد خير البرية صلى الله عليه وسلم.
30. ابن ناصر الدين: محمد ن أبي بكر عبد الله بن محمد الحافظ شمس الدين القيس الشافعي الشهير بابن ناصر الدين الدمشقي ولد سنة 777 وتوفي سنة 842 اثنتين وأربعين وثمانمائة. له من التصانيف: جامع الآثار في مولد المختار، اللفظ الرائق في مولد خير الخلائق، المورد الصادي في مولد الهادي، الجامع المختار في مولد المختار في ثلاث مجلدات.

31. التبريزي: محمد بن السيد محمد بن عبد الله الحسيني التبريزي عفيف الدين الشافعي نزيل المدينة المنورة المتوفى بها سنة 855 خمس وخمسين ثمانمائة. له: مولد النبي صلى الله عليه وسلم.
32. اللؤلؤ ابن الفخر: محمد بن فخر الدين عثمان اللؤلؤي شمس الدين أبو القاسم الدمشقي الكتبي الحنبلي المتوفى سنة 867 سبع وثمانمائة. من تصانيفه: الدر المنظم في مولد النبي المعظم، اللفظ الجميل في مولد النبي الجليل.
33. السخاوي: محمد بن عبد الرحمن بن محمد بن أبي بكر بن عثمان الحافظ شمس الدين أبو الخير السخاوي المصري الشافعي ولد سنة 830 وتوفي مجاورا بالمدينة المنورة سنة 902 اثنتين وتسعمائة. له من التصانيف: الفرخ العلوي في المولد النبوي.
34. ملا عرب الواعظ: اصله من ما وراء النهر ولد بأنطاكية دار البلاد وأسطوطن في بروسة إلى أن مات بها سنة 938 ثمان وثلاثين وتسعمائة. له من التصانيف: مولد النبي صلى الله عليه وسلم .
35. ابن علان المكي: محمد علي بن محمد علان بن إبراهيم بن محمد بن علان بن عبد الملك بن علي بن مباركشاه البكري الصديقي المكي الشافعي ولد بمكة سنة 996 وتوفي بها سنة 1057مورد الصفا في مولد المصطفى صلى الله عليه وسلم .
36. نصوحي الرومي: الشيخ محمد بن نصوح الأسكداري الخلوتي من أحفاد الشيخ شعبان القسطموني الشهير بنصوحي المتوفى في رمضان من سنة 1130 ثلاثين ومائة وألف. له: الجمع الزاهر المنير في ذكر مولد البشير النذير.
37. ابن عقيلة: محمد بن أحمد بن سعيد بن مسعود جمال الدين أبو عبد الله المكي الشهير بابن عقيلة الملقب بالظاهر المتوفى 1150 خمسين ومائة وألف. من تصانيفه: مولد النبي صلى الله عليه وسلم .
38. الخياط: محمد بن محمد المنصوري الشافعي الشهير بالخياط صنف اقتناص الشوارد من موارد الموارد في شرح مولد ابن حجر الهيتمي. فرغ منها سنة 1166 ست وستين ومائة وألف.
39. السيد محمد بن حسين المدني الشريف العلوي الحنفي الشهير بالجفري ولد سنة 1149 وتوفي سنة 1186 ست وثمانين ومائة وألف. له من التصانيف: مولد النبي صلى الله عليه وسلم .
40. العدوي: محمد بن عبادة بن بري الصوفي المالكي المعروف بالعدوي نزيل مصر المتوفى سنة 1193 ثلاث وتسعين ومائة وألف. له: حاشية على مولد النبي صلى الله عليه وسلم لابن حجر والغيطي والهدهدي.
41. الشنواني: محمد بن علي المصري الأزهري الشافعي المعروف بالشنواني المتوفى سنة 1233 ثلاث وثلاثين ومائتين وألف. له الجواهر السنية في مولد خير البرية صلى الله عليه وسلم.
42. الشيخ العارف بالله محمد بن مصطفى بن أحمد الحسيني البرزنجي الشافعي القادري الشهير بمعروف ولد بقرية نوده من قرى السليمانية وتوفي بها سنة 1254 أربع وخمسين ومائتين وألف. قبره مشهور يزار ويتبرك. من تصانيفه: تنوير العقول في أحاديث مولد الرسول.
43. أبو عبد الله محمد بن أحمد بن محمد بن عليش ” بضم العين المهملة فتح اللام وسكون الباء المثناة والشين المعجمة ” مغربي الأصل مصري المنشأ مفتي المالكية بها الشهير بعليش ولد بمصر سنة 1217 وتوفي سنة 1299 تسع وستعين ومائتين وألف من مصنفاته: القول المنجي على مولد البرزنجي.
44. أبو المحاسن السيد محمد بن خليل بن إبراهيم بن محمد بن علي بن محمد الطرابلسي ” طرابلس الشام ” الحنيف الفقيه الزاهد الشهير بالقاوقجي لأن أحد أجداده صنع قاؤقا وأهداه إلى السلطان مصطفى خان العثماني واشتهر أعقابه بهذه النسبة ولد سنة 1222 وتوفي في ذي الحجة سنة 1305 خمس وثلاثمائة وألف. صنف من الكتب: مولد النبي صلى الله عليه وسلم .
45. محمد بن عبد القادر بن محمد صالح الخطيب أبو الفرح الدمشقي الشافعي المنعوت بهبة الله المقيم في مدرسة النورية ويدرس بها سنة 1244 وتوفي سنة 1311 إحدى عشرة وثلاثمائة وألف. من تأليفه: مولد النبي صلى الله عليه وسلم
46. محمد نوير بن عمر بن عربي بن علي النووي أبو عبد المعطي الجاوي الفقيه نزيل مصر ثم انتقل إلى مكة المكرمة وتوفي بها سنة 1315 خمس عشرة وثلاثمائة وألف من تصانيفه الإبريز الداني في مولد سيدنا محمد صلى الله عليع وسلم. بغية العوام في شرح مولد سيد الأنام عليه الصلاة والسلام لابن الجوزي.
47. محمد فوزي بن عبد الله الرومي الشهير بمفتي أدرنة من قضاة عسكر روم أيلي توفي سنة 1318 ثمان عشرة وثلاثمائة وألف. له من التأليف إثبات المحسنات في تلاوة مولد سيد السادات.
48. السيد محمود بن عبد المحسن الحسيني القادري الأشعري الشافعي مدني الأصل الدمشقي المعروف بابن الموقع مدرس البادرانية بالشام ولد سنة 1253 وتوفي سنة 1321 إحدى وعشرين وثلاثمائة وألف له من الكتب: حصول الفرج وحلول الفرح في مولد من أنزل عليه ألم نشرح.
49. سلامي الأزميري: مصطفى بن إسماعيل شرحي الأزميري المتخلص بسلامي نزيل قسطنطينية المتوفى بها سنة 1228 ثمان وعشرين ومائتين وألف. له منظومة في مولد النبي صلى الله عليه وسلم.
50. اقتناص الشوارد من موارد الموارد – في شرح مولد الهيتمى تأليف محمد بن محمد المنصوري الشافعي الشهير بالخياط فرغ منها سنة 1166 ست وستين ومائة وألف.
51. بغية العوام في شرح مولد سيد الأنام المنسوبة لابن الجرزى – تأليف محمد نوري ابن عمر بن عربي النووي الجاوى نزيل مصر صاحب الابريز الدانى.
52. بلوغ المرام لبيان الفاظ مولد سيد الأنام – للسيد احمد المرزوقى المدرس المكى فرغ منها سنة 1281.
53. تحفة البشر على مولد ابن حجر – للشيخ إبراهيم ابن محمد الباجورى الشافعي المصرى المتوفى سنة 1276 ست وسبعين ومائتين وألف.
54. تحفة العاشقين وهدية المعشوقين في شرح تحفة المؤمنين في مولد النبي الأمين – صلى الله عليه وسلم تأليف السيد محمد راسم بن على رضا بن سليمان الملاطيه وى الحنفي المولوي المتوفى سنة 1316 ست عشرة وثلاثمائة وألف.
55. الجمع الزاهر المنير في ذكر مولد البشير النذير – لزين العابدين محمد العباسي الخليفتى .
56. الدر المنظم شرح الكنز المطلسم في مولد النبي المعظم – لأبي شاكر عبد الله شلبي فرغ من كتابته سنة 1177 سبع وسبعين ومائة وألف.
57. الدر المنظم في مولد النبي الأعظم – لأبي العباس احمد ابن معد بن عيسى الاقليشى الأندلسي المتوفى سنة 550 خمسين وخمسمائة رتبه على عشرة فصول أولها الحمد لله المحمود بكل لسان الخ.
58. الدر النظيم في مولد النبي الكريم – للإمام سيف الدين أبى جعفر عمر بن أيوب بن عمر الحميرى التركماني الدمشقي الحنفي المحدث المعروف بابن طغرو بك .
59. عنوان إحراز المزية في مولد النبي خير البرية صلى الله عليه وسلم لأبي هاشم محمد شريف النوري.
60. المنتخب المصفى في أخبار مولد المصطفى صلى الله عليه وسلم – للشيخ عبد القادر العيدروسي.
61. المنهل العذب القرير في مولد الهادى البشير النذير صلى الله عليه وسلم – لابي الحسن المرداوى على ابن سليمان بن احمد المقدسي الحنبلى المتوفى سنة 885 خمس وثمانين وثمانمائة.
62. مورد الصفا في مولد المصطفى صلى الله عليه وسلم – لابن علان محمد على الصديقى المكى.
63. مولد النبي صلى الله عليه وسلم – للسيد محمد بن خليل الطرابلسي المعروف بالقاوقجى.
64. مولد النبي صلى الله عليه وسلم – رسالة لمؤلف المعراج اولها الحمدلله الذى افاض من فيض فضله الممدود الخ في كراريس.
65. الورد العذب المبين في مولد سيد الخلق اجمعين – لابي عبدالله محمد بن احمد بن محمد العطار الجزائري ص.
66. هاشم القادري الحسني الفاسي، جده هو محمد بن عبد الحفيظ الراوي عن الحافظ مرتضى والعربي بن المعطي ” دلائل الخيرات ” وعنه عبد القادر الكوهن والطالب بن الحاج وإبراهيم بن محمد الصقلي، وحفيده المترجم كان من أعيان علماء فاس وأكثرهم تلماذا وإقبالا، كثير التنزل مع الطلبة لا يستنكف من مراجعتهم له وبحثهم معه، له مولد نبوي.
67. يوسف بن إسماعيل النبهاني صاحب التصانيف الشهيرة المولود سنة 1266، له النظم البديع في مولد الشفيع.
68. الحافظ أحمد بن حجر العسقلاني له: تحفة الأخبار في مولد المختار (مطبعة الدومانية بدمشق 1283هـ) .
69. احمد النجاري (الشيخ) احمد بن احمد النجاري الدمياطي الحفناوي الشافعي الخلوتي المصيلحي العطية المحمدية في قصة خير البرية.
70. (الشيخ) ابراهيم بن محمد بن احمد الباجوري الشافعي (1198 – 1277)ولد في الباجور قرية بمديرية المنوفية (مصر) ونشأ في حجر والده وقرأ عليه القرآن المجيد وقدم الازهر لطلب العلم به سنة 1212هـ ومكث فيه إلى أن دخل الفرنسيون سنة 1213هـ فخرج إلى الجيزة وأقام بها مدة، ثم رجع إلى الازهر وأخذ بالاشتغال في العلم وقد أدرك الجهابذة الأفاضل كالشيخ محمد الأمير الكبير والشيخ عبد الله الشرقاوي وغيرهما، وفي مدة قريبة ظهرت عليه آية النجابة فدرس وألف التآليف العديدة وانتهت إليه الرئاسة في الجامع الازهر وتقلدها سنة 1263 وكان لسانه رطبا بتلاوة القرآن العظيم، من مصنفاته: حاشية على مولد الشيخ احمد الدردير المطبعة الخيرية 1304هـ .
71. جعفر بن اسماعيل بن زين العابدين بن محمد الهادي بن زين بن السيد جعفر مؤلف مولد النبي صلى الله عليه وسلم، له من التصانيف: الكوكب الأنور على عقد الجوهر في مولد النبي الأزهر وهو شرح على مولد النبي للسيد جعفر بن حسن البرزنجي بهامشه القبول المنجي وهو حاشية الشيخ عليش على مولد البرزنجي مطبعة الميمنية 1310هـ .
72. زين العابدين جعفر بن حسن بن عبد الكريم الشهير بالمظلوم ابن السيد محمد المدني بن عبد الرسول البرزنجي الشافعي الشيخ الفاضل العالم البارع مفتي السادة الشافعية بالمدينة النبوية، ولد ونشأ نشأة صالحة وبرع في الخطب والترسل وصار إماما وخطيبا ومدرساً بالمسجد النبوي، وألف مؤلفات نافعة وانشاآت رائعة منها: مولد النبي صلى الله عليه وسلم المعروف بمولد البرزنجي.
73. (الشيخ) فتح الله البناني المغربي الشاذلي له: فتح الله في مولد خير خلق الله .
74. بلوغ المرام لبيان ألفاظ مولد سيد الأنام للشيخ أبي الفوز احمد المرزوقي) .
75. (الشيخ) شهاب الدين احمد بن احمد اسمعيل الحلواني الخليجي (نسبة إلى رأس الخليخ قرب دمياط) الشافعي المتوفى ببلده يوم عرفة سنة 1308هـ العلم الأحمدي في المولد المحمدي أوله الحمد لله والصلاة والسلام على سيدنا رسول الله.
76. (الشيخ) رضوان العدل بيبرس من أبناء القرن الرابع عشر للهجرة ، خلاصة الكلام في مولد المصطفى عليه الصلاة والسلام طبع مطبعة بولاق 1313هـ يقع في 64 صفحة.
77. عطيه بن إبراهيم الشيباني له نظم أسماه مولد المصطفى العدناني مطبعة العلمية 1311هـ في 36صفحة .
78. (الشيخ) مصطفى بن محمد العفيفي الشافعي (من أبناء أوائل القرن الثالث عشر للهجرة) له: فتح اللطيف شرح نظم المولد الشريف – وهو شرح على مولد البرزنجي ، طبع بولاق 1293هـ .
79. المنظر البهي في مطلع مولد النبي للشيخ محمد الهجرسي .
80. (الشيخ) أبو الفوز احمد المرزوقي المالكي ابن محمد رمضان الحسيني نزيل مكه ، له: بلوغ المرام لبيان الفاظ مولد سيد الانام – وهو شرح على مولد الشيخ احمد بن قاسم المالكي الشهير بالحريري طبع مطبعة بولاق 1286 و 1291 يقع في 200صفحة.
81. (الشيخ) عبد الله بن محمد المناوي الاحمدي الشاذلي مولد النبي (أو) المولد الجليل حسن الشكل الجميل طبع مطبعة بولاق 1300هـ 60 صفحة. (الشيخ) محمد بن حسن بن محمد بن احمد جمال الدين بن بدر الدين الشافعي الاحمدي ثم الخلوتي السمنودي الازهرى المعروف بالمنير ولد بسمنود وحفظ القرآن وبعض المتون وقدم الجامع الازهر وعمره عشرون سنة وأخذ على مشايخ عصره واجتمع بالسيد مصطفى البكري فلقنه طريقة الخلوتية وانضوى إلى الشيخ شمس الدين محمد الحفنى، ثم كف بصره وانقطع إلى الذكر والتدريس في منزله بالقرب من قنطرة الموسكي ولازم الصوم نحو ستين عاما ووفدت عليه الناس من كل جهة إلى أن وافاه الأجل المحتوم وجهز وكفن وصلى عليه بالأزهر في مشهد حافل وأعيد إلى الزاوية الملاصقة لمنزله ، له الدر الثمين في مولد سيد الأولين والآخرين.
82. (الشيخ) أبو عبد المعطي محمد بن عمر بن عربي بن علي نووي الجاوي البنتني اقليما التناوي بلدا (أحد علماء القرن الرابع عشر للهجرة) 1 – الابريز الداني في مولد سيدنا محمد السيد العدناني – طبع حجر مصر 1299هـ .
83. الأنوار ومفتاح السرور والأفكار في مولد النبي المختار لأبي الحسن : أحمد بن عبد الله البكري وهو : كتاب جامع مفيد في مجلد أوله : ( الحمد لله الذي خلق روح حبيبه . . . الخ ) جمعها : لتقرأ في شهر ربيع الأول وجعلها : سبعة أجزاء .
84. التنوير في مولد السراج المنير لأبي الخطاب : عمر بن الحسن المعروف : بابن دحية الكلبي المتوفى : سنة ، ثلاث وثلاثين وستمائة ألف بإربل سنة 604 ، أربع وستمائة وهو متوجه إلى خراسان بالتماس الملك المعظم الأيوبي وقد قرأه عليه بنفسه وأجازه بألف دينار غير ما أجرى عليه مدة إقامته.
85. الدر المنظم في مولد النبي المعظم لأبي القاسم : محمد بن عثمان اللؤلؤي الدمشقي المتوفى : سنة 867 هـ ثم اختصره وسماه : ( اللفظ الجميل بمولد النبي الجليل )
86. الدرة السنية في مولد خير البرية للحافظ صلاح الدين : خليل بن كيكلدي العلائي
87. طل الغمامة في مولد سيد تهامة لأحمد بن علي بن سعيد أوله : ( الحمد لله الذي أبرز من غرة عروس الحضرة . . . الخ )
88. حسن المقصد في عمل المولد للحافظ جلال الدين السيوطي رحمه الله
89. الكواكب الدرية في مولد خير البرية لأبي بكر بن محمد الحبشي البسطامي أوله : (الحمد لله الذي صور الآدمي).
90. المولد النبوي الشريف للشيخ محمد نجا مفتي بيروت سابقا.

E-Numbers Listing

FOOD INGREDIENTS NUMBERS WITH E-PREFIX
E-NOS	NAME	DESCRIPTION	HALAL STATUS
E100	CURCUMIN	COLOR	HALAL IF PURE GRIND TURMERIC
E101	RIBOFLAVIN	COLOR	MUSHBOOH (HARAM IF FROM PORK LIVER & KIDNEY, HALAL IF 100% PLANT MATERIAL
E102	TARTRAZINE	COLOR	MUSHBOOH
E103	QUINOLINE YELLOW	COLOR	MUSHBOOH
E110	SUNSET YELLOW FCF/ ORANGE YELLOW S	COLOR	MUSHBOOH
E120	COCHINEAL/CARMINIC ACID	COLOR	HARAM ACCORDING TO ULAMA FROM UK & SOUTH AFRICA
E122	CARMOISINE/AZORUBINE	COLOR	MUSHBOOH
E123	AMARANTH	COLOR	HALAL IF 100% PLANT MATERIAL W/O ALCOHOL
E124	PONCEAU 4R/COCHINEAL RED A	COLOR	MUSHBOOH (SYNTHETIC)
E127	ERYTHROSINE BS	COLOR	MUSHBOOH
E131	PATENT BLUE V	COLOR	MUSHBOOH
E132	INDIGO CARMINE/IDIGOTINE	COLOR	HARAM ACCORDING TO ULAMA FROM UK & SOUTH AFRICA
E140	CHLOROPHYLL	COLOR	HALAL IF NOT EXTRACTED WITH ALCOHOL
E141	COPPER COMPLEX OF CHOROPHYLL	COLOR	HALAL IF NOT EXTRACTED WITH ALCOHOL
E142	GREEN S/ACID BRILLIANT GREEN BS	COLOR	HALAL IF SYNTHETIC MATERIAL ARE HALAL
E150	CARAMEL COLOR/WITH CHEMICALS (E-150 A-D)	COLOR	HALAL
E151	BLACK PN/BRILLIANT BLACK BN	COLOR	HALAL IF SYNTHETIC MATERIAL ARE HALAL
E153	CARBON BLACK/VEGETABLE CARBON (CHARCOAL)	COLOR	MUSHBOOH, HALAL IF 100% VEGETABLE DERIVED
E160A	ALPHA, BETA, GAMMA	COLOR – CAROTENE	MUSHBOOH
E160B	ANNATTO, BIXIN, NORBIXIN	COLOR – CAROTENE	MUSHBOOH, MAY BE MIXED WITH GELATIN
E160C	CAPSANTHIN/CAPSORBIN	COLOR – CAROTENE	MUSHBOOH, MAY BE MIXED WITH GELATIN
E160D	LYCOPENE	COLOR – CAROTENE	MUSHBOOH, MAY BE MIXED WITH GELATIN
E160E	BETA-APO-8-CAROTENAL	COLOR – CAROTENE	MUSHBOOH, MAY BE MIXED WITH GELATIN
E160F	ETHYLESTER OF BETA-APO-8-CARTONOIC ACID	COLOR – CAROTENE	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161A	FLAVOXANTHIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161B	LUTEIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161C	CRYPTOXANTHIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161D	RUBIXANTHIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161E	VIOLAXANTHIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161F	RHODOXANTHIN	COLOR	MUSHBOOH, MAY BE EXTRACTED WITH ALCOHOL
E161G	CANTHAXANTHIN	COLOR	MUSHBOOH, HARAM IF FROM ANIMAL SOURCE (RETINAL)
E162	BEETROOT RED/BETANIN	COLOR	HALAL IF NOT EXTRACTED WITH ALCOHOL
E163	ANTHOCYANINS	COLOR	HALAL IF NOT EXTRACTED WITH ALCOHOL
E170	CALCIUM CARBONATE (CHALK)	COLOR – INORGANIC	MUSHBOOH, HARAM IF FROM ANIMAL BONES, HALAL IF FROM ROCK MINERAL
E171	TITANIUM DIOXIDE	COLOR – INORGANIC	HALAL
E172	IRON OXIDES AND HYDROXIDES	COLOR – INORGANIC	HALAL
E173	ALUMINIUM	COLOR – INORGANIC	HALAL
E174	SILVER	COLOR – INORGANIC	HALAL
E175	GOLD	COLOR – INORGANIC	HALAL
E180	PIGMENT RUBINE/LITHOL RUBINE BK	COLOR – INORGANIC	MUSHBOOH
E200	SORBIC ACID	PRESERVATIVE	HALAL
E201	SODUIM SORBATE	PRESERVATIVE	HALAL
E202	POTASSIUM SORBATE	PRESERVATIVE	HALAL
E203	CALCIUM SORBATE	PRESERVATIVE	HALAL
E210	BENZOIC ACID	PRESERVATIVE	HALAL
E211	SODUIM BENZOATE	PRESERVATIVE	HALAL
E212	POTASSIUM BENZOATE	PRESERVATIVE	HALAL
E213	CALCIUM BENZOATE	PRESERVATIVE	HALAL
E214	ETHYL 4-HYDROXYBENZOATE	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E215	ETHYL 4-HYDROXYBENZOATE, SODIUM SALT	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E216	PROPYL 4-HYDROXYBENZOATE	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E217	PROPYL 4-HYDROXYBENZOATE, SODIUM SALT	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E218	METHYL 4-HYDROXYBENZOATE	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E219	METHYL 4-HYDROXYBENZOATE, SODIUM SALT	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E220	SULPHUR DIOXIDE	PRESERVATIVE	HALAL
E221	SODIUM SULPHITE	PRESERVATIVE	HALAL
E222	SODIUM HYDROGEN SULPHITE	PRESERVATIVE	HALAL
E223	SODIUM METABISULPHITE	PRESERVATIVE	HALAL
E224	POTASSIUM METABISULPHITE	PRESERVATIVE	HALAL
E226	CALCIUM SULPHITE	PRESERVATIVE	HALAL
E227	CALCIUM HYDROGEN SULPHITE	PRESERVATIVE	HALAL
E230	BIPHENYL/DIPHENYL	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E231	2-HYDROXYBIPHENYL	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E232	SODIUM BIPHENYL-2-YL OXIDE	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E233	2-(THIAZOL-4-YL) BENZIMIDAZOLE	PRESERVATIVE	HALAL, IF NO ALCOHOL IS USED
E239	HEXAMINE	PRESERVATIVE – OTHER	HALAL
E249	POTASSIUM NITRATE	PRESERVATIVE	HALAL
E250	SODIUM NITRATE	PRESERVATIVE	HALAL
E251	SODIUM NITRATE	PRESERVATIVE	HALAL
E252	POTASSIUM NITRATE (SALTPETRE)	PRESERVATIVE	HALAL
E260	ACETIC ACID	MISCELLANEOUS – ACIDS	HALAL
E261	POTASSIUM ACETATE	MISCELLANEOUS – ACIDS	HALAL
E262	POTASSIUM HYDROGEN DIACETATE	MISCELLANEOUS – ACIDS	HALAL
E263	CALCIUM ACETATE	MISCELLANEOUS – ACIDS	HALAL
E270	LACTIC ACID	MISCELLANEOUS – ACIDS	HALAL
E280	PROPIONIC ACID	PRESERVATIVE – ACIDS	HALAL
E281	SODIUM PROPIONATE	PRESERVATIVE – ACIDS	HALAL
E282	CALCIUM PROPIONATE	PRESERVATIVE – ACIDS	HALAL
E283	POTASSIUM PROPIONATE	PRESERVATIVE – ACIDS	HALAL
E290	CARBON DIOXIDE	MISCELLANEOUS	HALAL
E300	L-ASCORBIC ACID (VITAMIN C)	ANTIOXIDANTS – VITAMIN C	HALAL
E301	SODIUM-L-ASCORBATE	ANTIOXIDANTS – VITAMIN C AND DERIVATIVES	HALAL
E302	CALCIUM-L-ASCORBATE	ANTIOXIDANTS – VITAMIN C AND DERIVATIVES	HALAL
E304	ASCORBYL PALMITATE	ANTIOXIDANTS – VITAMIN C AND DERIVATIVES	MUSHBOOH
E306	NATURAL EXTRACTS RICH IN TOCOPHEROLS	ANTIOXIDANTS – VITAMIN E	MUSHBOOH
E307	SYNTHETIC ALPHA-TOCOPHEROL	ANTIOXIDANTS – VITAMIN E	HALAL ONLY IF IT IS MADE WITH ALL HALAL SYNTHETIC MATERIALS
E308	SYNTHETIC GAMMA-TOCOPHEROL	ANTIOXIDANTS – VITAMIN E	HALAL ONLY IF IT IS MADE WITH ALL HALAL SYNTHETIC MATERIALS
E309	SYNTHETIC DELTA-TOCOPHEROL	ANTIOXIDANTS – VITAMIN E	HALAL ONLY IF IT IS MADE WITH ALL HALAL SYNTHETIC MATERIALS
E310	PROPYL GALLATE	ANTIOXIDANTS – OTHER	HALAL
E311	OCTYL GALLATE	ANTIOXIDANTS – OTHER	MUSHBOOH
E312	DODECYL GALLATE	ANTIOXIDANTS – OTHER	MUSHBOOH
E320	BUTYLATED HYDROXYANISOLE (BHA)	ANTIOXIDANTS – OTHER	MUSHBOOH, HALAL IF VEGETABLE OIL IS USED AS A CARRIER, HARAM IF ANIMAL FAT IS USED AS CARRIER. THEY ARE NOT 100% BHA WHICH IS A CHEMICAL
E321	BUTYLATED HYDROXYTOLUENE (BHT)	ANTIOXIDANTS – OTHER	MUSHBOOH, HALAL IF VEGETABLE OIL IS USED AS A CARRIER, HARAM IF ANIMAL FAT IS USED AS CARRIER. THEY ARE NOT 100% BHA WHICH IS A CHEMICAL
E322	LECITHIN	EMULSIFIERS AND STABILIZERS	MUSHBOOH, HALAL IF IT IS FROM SOY FAT OR EGG YOLK, HARAM IF IT IS FROM ANIMAL FAT
E325	SODIUM LACTATE	MISCELLANEOUS – SALTS OF LACTIC ACID	HALAL
E326	POTASSIUM LACTATE	MISCELLANEOUS – SALTS OF LACTIC ACID	HALAL
E327	CALCIUM LACTATE	MISCELLANEOUS – SALTS OF LACTIC ACID	HALAL
E330	CITRIC ACID	MISCELLANEOUS – CITRIC ACID AND ITS SALTS	HALAL
E331	SODIUM CITRATES	MISCELLANEOUS – CITRIC ACID AND ITS SALTS	HALAL
E332	POTASSIUM CITRATES	MISCELLANEOUS – CITRIC ACID AND ITS SALTS	HALAL
E333	CALCIUM CITRATES	MISCELLANEOUS – CITRIC ACID AND ITS SALTS	HALAL
E334	TARTARIC ACID	MISCELLANEOUS – TARTARIC ACID AND ITS SALTS	HALAL, IF NOT FROM WINE BY-PRODUCT, IN USA IT IS HALAL
E335	SODIUM TARTRATE	MISCELLANEOUS – TARTARIC ACID AND ITS SALTS	HALAL, IF NOT FROM WINE BY-PRODUCT, IN USA IT IS HALAL
E336	POTASSIUM TARTRATE (CREAM OF TARTAR)	MISCELLANEOUS – TARTARIC ACID AND ITS SALTS	HALAL, IF NOT FROM WINE BY-PRODUCT
E337	POTASSIUM SODIUM TARTRATE	MISCELLANEOUS – TARTARIC ACID AND ITS SALTS	HALAL, IF NOT FROM WINE BY-PRODUCT
E338	ORTHOPHOSPHORIC ACID	MISCELLANEOUS – PHOSPHORIC ACID AND ITS SALTS	HALAL
E339	SODIUM PHOSPHATES	MISCELLANEOUS – PHOSPHORIC ACID AND ITS SALTS	HALAL
E340	POTASSIUM PHOSPHATES	MISCELLANEOUS – PHOSPHORIC ACID AND ITS SALTS	HALAL
E341	CALCIUM PHOSPHATES	MISCELLANEOUS – PHOSPHORIC ACID AND ITS SALTS	HALAL
E400	ALGINIC ACID	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E401	SODIUM ALGINATE	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E402	POTASSIUM ALGINATE	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E403	AMMONIUM ALGINATE	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E404	CALCIUM ALGINATE	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E405	PROPANE-1, 2-DIOL ALGINATE	EMULSIFIERS AND STABILIZERS – ALGINATES	HALAL
E406	AGAR	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E407	CARRAGEENAN	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E410	LOCUST BEAN GUM (CAROB GUM)	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E412	GUAR GUM	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E413	TRAGACANTH	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E414	GUM ACACIA (GUM ARABIC)	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E415	XANTHAN GUM	EMULSIFIERS AND STABILIZERS – OTHER PLANT GUMS	HALAL
E420	SORBITOL	SUGAR ALCOHOLS	HALAL
E421	MANNITOL	SUGAR ALCOHOLS	HALAL
E422	GLYCEROL	SUGAR ALCOHOLS	MUSHBOOH, CALLED GLYCERIN IN USA, HALAL IF IT IS FROM PLANT, HARAM IF IT IS FROM ANIMAL
E440A	PECTIN	EMULSIFIERS AND STABILISERS – PECTIN AND DERIVATIVES	HALAL
E440B	AMIDATED PECTIN	EMULSIFIERS AND STABILISERS – PECTIN AND DERIVATIVES	HALAL
E450 A,B,C	SODIUM AND POTASSIUM PHOSHATES AND POLYPHOSPHATES	MISCELLANEOUS	HALAL
E460	MICROCRYSTALLINE / POWDERED CELLULOSE	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E461	METHYLCELLULOSE	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E463	HYDROXYPROPYLCELLULOSE	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E464	HYDROXYPROPYL-METHYLCELLULOSE	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E465	ETHYLMETHYCELLULOSE	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E466	CARBOXYMETHYLCELLULOSE, SODIUM SALT	EMULSIFIERS AND STABILISERS – CELLULOSE AND DERIVATIVES	HALAL
E470	SODIUM, POTASSIUM AND CALCIUM SALTS OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E471	MONO-AND DIGLYCERIDES OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E472	VARIOUS ESTERS OF MONO-AND DIGLYCERIDES OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E473	SUCROSE ESTERS OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E474	SUCROGLYCERIDES	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E475	POLYGLYCEROL ESTERS OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E477	PROPANE-1, 2-DIOL ESTERS OF FATTY ACIDS	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E481	SODIUM STEAROYL-2-LACTYLATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E482	CALCIUM STEAROYL-2-LACTYLATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
E483	STEARYL TARTRATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
FOOD INGREDIENTS NUMBERS WITH NO E-PRE
107	YELLOW 2G	COLORS	MUSHBOOH
128	RED 2G	COLORS	MUSHBOOH
133	BRILLIANT BLUE FCF	COLORS	MUSHBOOH
154	BROWN FK	COLORS	MUSHBOOH
155	BROWN HT	COLORS	MUSHBOOH
234	NISIN	PRESERVATIVE – OTHER	MUSHBOOH
262	SODIUM ACETATE	MISCELLANEOUS – ACIDS AND THEIR SALTS	HALAL
296	MALIC ACID	MISCELLANEOUS – ACIDS AND THEIR SALTS	HALAL
297	FUMARIC ACID	MISCELLANEOUS – ACIDS AND THEIR SALTS	HALAL
350	SODIUM MALATE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
351	POTASSIUM MALATE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
352	CALCIUM MALATE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
353	METATARIC ACID	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
355	ADIPIC ACID	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
363	SUCCINIC ACID	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
370	1, 4 – HEPTONO LACTANE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
375	NICOTINIC ACID	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
380	TRIAMMONIUM CITRATE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
381	AMMONIUM FERRIC CITRATE	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
385	CALCIUM DISODIUM EDTA	MISCELLANEOUS – SALTS OF MALIC ACID	HALAL
416	KARAYA GUM	EMULSIFIERS AND STABILISERS	HALAL
430	POLYOXYETHANE (8) STEARATE	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
431	POLYOXYETHANE (40) STEARATE	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
432	POLYOXYETHANE (20) SORBITAN / POLYSORBATE 20	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
433	POLYOXYETHANE (20) SORBITAN MONO-OLEATE / POLYSORBATE 80	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
434	POLYOXYETHANE (20) SORBITAN MONOPALMITATE / POLYSORBATE 40	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
435	POLYOXYETHANE (20) SORBITAN MONOSTEARATE / POLYSORBATE 60	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
436	POLYOXYETHANE (20) SORBITAN TRISTEARATE / POLYSORBATE 65	EMULSIFIERS AND STABILISERS – FATTY ACID DERIVATIVES	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
476	POLYGLYCEROL ESTERS OF POLYCONDENSED ESTERS OF CASTER OIL	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
478	LACTYLATED FATTY ACID ESTERS OF GLYCEROL AND PROPANE-1, 2-DIOL	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
491	SORBITAN MONOSTEARATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
492	SORBITAN TRISTEARATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
493	SORBITAN MONOLAURATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
494	SORBITAN MONO-OLEATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
495	SORBITAN MONOPALMITATE	EMULSIFIERS AND STABILISERS – SALTS OR ESTERS OF FATTY ACIDS	MUSHBOOH, HALAL IF IT IS 100% FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
500	SODIUM CARBONATE / SODIUM BICARBONATE	MISCELLANEOUS – ACIDS AND SALTS: CARBONATES	HALAL
501	POTASSIUM CARBONATE / POTASSIUM BICARBONATE	MISCELLANEOUS – ACIDS AND SALTS: CARBONATES	HALAL
503	AMMONIUM CARBONATE	MISCELLANEOUS – ACIDS AND SALTS: CARBONATES	HALAL
504	MAGNESIUM CARBONATE	MISCELLANEOUS – ACIDS AND SALTS: CARBONATES	HALAL
507	HYDROCHLORIC ACID	MISCELLANEOUS – ACIDS AND SALTS: HYDROCHLORIC ACID AND ITS SALTS	HALAL
508	POTASSIUM CHLORIDE	MISCELLANEOUS – ACIDS AND SALTS: HYDROCHLORIC ACID AND ITS SALTS	HALAL
509	CALCIUM CHLORIDE	MISCELLANEOUS – ACIDS AND SALTS: HYDROCHLORIC ACID AND ITS SALTS	HALAL
510	AMMONIUM CHLORIDE	MISCELLANEOUS – ACIDS AND SALTS: HYDROCHLORIC ACID AND ITS SALTS	HALAL
513	SULPHURIC ACID	MISCELLANEOUS – ACIDS AND SALTS: SULPHURIC ACID AND ITS SALTS	HALAL
514	SODIUM SULPHATE	MISCELLANEOUS – ACIDS AND SALTS: SULPHURIC ACID AND ITS SALTS	HALAL
515	POTASSIUM SULPHATE	MISCELLANEOUS – ACIDS AND SALTS: SULPHURIC ACID AND ITS SALTS	HALAL
516	CALCIUM SULPHATE	MISCELLANEOUS – ACIDS AND SALTS: SULPHURIC ACID AND ITS SALTS	HALAL
518	MAGNESIUM SULPHATE	MISCELLANEOUS – ACIDS AND SALTS: SULPHURIC ACID AND ITS SALTS	HALAL
524	SODIUM HYDROXIDE	MISCELLANEOUS – ALKALIS	HALAL
525	POTASSIUM HYDROXIDE	MISCELLANEOUS – ALKALIS	HALAL
526	CALCIUM HYDROXIDE	MISCELLANEOUS – ALKALIS	HALAL
527	AMMONIUM HYDROXIDE	MISCELLANEOUS – ALKALIS	HALAL
528	MAGNESIUM HYDROXIDE	MISCELLANEOUS – ALKALIS	HALAL
529	CALCIUM OXIDE	MISCELLANEOUS – ALKALIS	HALAL
530	MAGNESIUM OXIDE	MISCELLANEOUS – ALKALIS	HALAL
535	SODIUM FERROCYANIDE	MISCELLANEOUS – OTHER SALTS	HALAL
536	POTASSIUM FERROCYANIDE	MISCELLANEOUS – OTHER SALTS	HALAL
540	DICALCIUM FERROCYANIDE	MISCELLANEOUS – OTHER SALTS	HALAL
541	SODIUM ALUMINIUM PHOSPHATE	MISCELLANEOUS – OTHER SALTS	HALAL
542	EDIBLE BONE PHOSPHATE (BONE-MEAL)	MISCELLANEOUS – ANTI-CAKING AGENTS	HARAM
544	CALCIUM POLYPHOSPHATES	MISCELLANEOUS – ANTI-CAKING AGENTS	MUSHBOOH, HALAL IF IT IS FROM MINERALS, HARAM IF IT IS FROM ANIMAL BONES
545	AMMONIUM POLYPHOSPHATES	MISCELLANEOUS – ANTI-CAKING AGENTS	HALAL
551	SILICON DIOXIDE (SILICA SALT)	MSCELLANEOUS – SILICON SALTS	HALAL
552	CALCIUM SILICATE	MISCELLANEOUS – SILICON SALTS	HALAL
553	MAGNESIUM SILICATE / MAGNESIUM TRISILICATE (TALC)	MISCELLANEOUS – SILICON SALTS	HALAL
554	ALUMINIUM CALCIUM SILICATE	MISCELLANEOUS – SILICON SALTS	HALAL
556	ALUMINIUM CALCIUM SILICATE	MISCELLANEOUS – SILICON SALTS	MUSHBOOH, HALAL IF IT IS FROM MINERALS, HARAM IF IT IS FROM ANIMAL BONES
558	BENTONITE	MISCELLANEOUS – SILICON SALTS	HALAL
559	KAOLIN (ALUMINIUM SILICATE)	MISCELLANEOUS – SILICON SALTS	HALAL
570	STEARIC ACID	MISCELLANEOUS – OTHER COMPOUNDS	MUSHBOOH, HALAL IF THE SOURCE IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
572	MAGNESIUM STEARATE	MISCELLANEOUS – OTHER COMPOUNDS	MUSHBOOH, HALAL IF THE SOURCE IS FROM PLANT FAT, HARAM IF IT IS FROM ANIMAL FAT
575	GLUCONO DELTA-LACTONE	MISCELLANEOUS – OTHER COMOUNDS	HALAL
576	SODIUM GLUCONATE	MISCELLANEOUS – OTHER COMPOUNDS	HALAL
577	POTASSIUM GLUCONATE	MISCELLANEOUS – OTHER COMPOUNDS	HALAL
578	CALCIUM GLUCONATE	MISCELLANEOUS – OTHER COMPOUNDS	HALAL
620	L-GLUTAMIC ACID	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF IT IS FROM PLANT PROTEIN, HARAM IF IT IS FROM ANIMAL PROTEIN
621	MONOSODIUM GLUTAMATE (MSG)	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF ALL INGREDIENTS INCLUDING CULTURE MEDIA TO GROW CULTURE FROM HALAL SOURCE, HARAM IF MEDIA IS FROM PORK FAT
622	MONOPOTASSIUM GLUTAMATE	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF ALL INGREDIENTS INCLUDING CULTURE MEDIA TO GROW CULTURE FROM HALAL SOURCE, HARAM IF MEDIA IS FROM PORK FAT
623	CALCIUM GLUTAMATE	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF ALL INGREDIENTS INCLUDING CULTURE MEDIA TO GROW CULTURE FROM HALAL SOURCE, HARAM IF MEDIA IS FROM PORK FAT
627	SODIUM GUANYLATE	MISCELLANEOUS – FLAVOUR ENHANCERS	HALAL
631	SODIUM INOSINATE	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH
635	SODIUM5 – RIBONUCLEOTIDE	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH
636	MALTOL	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF NO ALCOHOL IS USED IN THE PROCESS
637	ETHYL MALTOL	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF NO ALCOHOL IS USED IN THE PROCESS
900	DIMETHYLPOLYSILOXANE	MISCELLANEOUS – FLAVOUR ENHANCERS	MUSHBOOH, HALAL IF NO ALCOHOL IS USED IN THE PROCESS
901	BEESWAX	MISCELLANEOUS – GLAZING AGENTS	HALAL
903	CARNAUBA WAX	MISCELLANEOUS – GLAZING AGENTS	HALAL
904	SHELLAC	MISCELLANEOUS – GLAZING AGENTS	MUSHBOOH, UNDER CONSULTATION WITH ISLAMIC SCHOLARS, A GUMMY SECRETION MATERIAL FROM THE PORES OF AN INSECT COCCUS LACCA THAT FEED ON PALAS TREES IN INDIA AND SOUTH ASIA. THIS GUMMY MATERIAL IS CALLED LAC.
905	MINERAL HYDROCARBONS	MISCELLANEOUS – GLAZING AGENTS	HALAL IF NO ALCOHOL IS USED
907	REFINED MICROCRYSTALLINE WAX	MISCELLANEOUS – GLAZING AGENTS	MUSHBOOH, HALAL IF OBTAINED FROM HALAL SOURCE
920	L-CYSTEINE HYDROCHLORIDE	MISCELLANEOUS – COMPOUNDS USED TO TREAT FLOUR	MUSHBOOH, HARAM IF IT IS OBTAINED FROM HUMAN HAIR, HALAL IF IT IS MADE FROM HALAL SYNTHETIC MATERIAL. NO OPINION IF IT IS MADE FROM CHICKEN FEATHERS
924	POTASSIUM BROMATE	MISCELLANEOUS – COMPOUNDS USED TO TREAT FLOUR	HALAL
925	CHLORINE	MISCELLANEOUS – COMPOUNDS USED TO TREAT FLOUR	HALAL
926	CHLORINE DIOXIDE	MISCELLANEOUS – COMPOUNDS USED TO TREAT FLOUR	HALAL
927	AZODICARBONAMIDE	MISCELLANEOUS – COMPOUNDS USED TO TREAT FLOUR	HALAL

E-Numbers Briefing

E- means EC (European communities) and E-Numbers are assigned to various food additives. Some E-Numbers are banned in some countries. In UK Numbers without E prefix are allowed but may not be allowed in other country. We are getting lot of e-mails from our Muslims brother and sisters inquiring about HALAL status of E-Numbers, so we decided to add to our web site. E-Numbers are divided into following category:

Food Additives	E-Numbers
Colors	100-180
Preservatives	200-252
Acidities	260-297
Antioxidant	300-385
Thickeners	400-429
Emulsifiers	430-499
Flavor Enhancer	620-640
Sweeteners	950-967

Halal Status: The Halal status was given to the ingredients which are obtained from 100% Halal raw materials without use of alcohol. These are plant and chemical based material.

Haram: Those are obtained from animal source or use of alcohol. All non-zabiha Halal animal by-products were considered as Haram because Allah’s name was not announced at the time of slaughtering the animal. Off course pork by product was considered 100% Haram. Some Muslims may differ with us about not accepting the meat slaughtered by people of the book as not Halal meat.

Mushbooh: Mushbooh status was given to those E-Numbers where source of raw material was not known, it could be from plant source or animal source and also lack of information of use of alcohol with based ingredients.

Hidden ingredients: We have no knowledge of different food laws in different countries regarding hidden processing aid ingredients which may be Haram.

HARAM E – NUMBERS:
The following ingredients are considered as Haram:

E 120: Cochineal (red color from insects) according to Ulema from UK and South Africa

E 132: Indigo Carmine/Idigotine (Color)

E 441: Gelatin

E 542: Edible Bone Phosphate

We have carefully checked these ingredients based on our knowledge of US food industry but we are not familiar with different food laws in different European countries.

Complex Ingredients

Mono & Diglycerides are fat based emulsifier and are made by reacting glycerol (fat based) with fats and oils. Monoglycerides can be made from beef or pork or soybean fat. Only soybean and zabiha slaughtered cow fat based Mono & Diglyceries are Halal. A Halal or Kosher symbol (which meet the Islamic dietary requirements) on a food package containing Mono & Diglycerides indicates that it is obtained from soybean fat.

Whey:Muslims think that whey is milk based ingredient, it has to be Halal but answer is NO. There are two kinds of whey, one is sweet or rennet whey and other is acid whey. Acid whey is obtained during the making of acid type of cheese such as cottage cheese. Sweet or rennet whey is used more in food products then acid whey. Sweet whey or rennet whey is a by-product of rennet cheese such as cheddar cheese. Whey is portion of milk remaining after coagulation and removal of curd. Whey is Halal only if the Halal starter culture bacteria, Halal medium on which starter culture grown (Starter culture bacteria are Halal if they obtained from milk source not meat source and media on which these starter culture bacteria grown has to be made from Halal ingredients such milk), microbial rennet, microbial lipase enzyme, Halal color, Halal flavor has added to milk. These requirements can only obtained if the cheese and whey are Halal or Kosher certified (which meet the Islamic dietary requirements). A Halal or Kosher symbol (which meet the Islamic dietary requirements) on a food package containing whey indicates that it is manufactured under Halal or Kosher supervision.

FD&C yellow No. 5 or FD&C red No. 40are chemical dyes and they are Halal if use as pure granular or powder form but if they use in liquid form then the solvent has to be Halal because vegetable oil or glycerin (from pork or beef or vegetable fat) can be used as a solvent to dissolve mix these colors in liquid products. A Halal or Kosher symbol (which meet the Islamic dietary requirements) on a food package containing these colors indicates that no pork or beef fat glycerin was used as a solvent.

L-Cysteine: A non essential amino acid is used as dough conditioner in bagels, pizza, bread, hard rolls. L-Cysteine is manufactured from human hair (Haram source), non zabiha or dead chicken/duck feathers and from petroleum source. MCG considered it Halal if it is made from petroleum source.

Chocolate Liquor is manufactured from grinding the cocoa nibs from cocoa bean. It is a Halal ingredient and do not contain any liquor or alcohol.

Vanilla Extractissued as a flavor and it is made from vanilla bean extract. It contains minimum of 35% ethyl alcohol (Haram) otherwise it will not call as vanilla extract according FDA regulation.
If the yeast extract or autolyzed yeast is made from baker’s yeast then it is a Halal ingredient. But if it is made from brewer’s yeast as a by-product of beer making then it is not considered Halal because beer can penetrate in the yeast cells and never convert to any other things.

Vinegar: Distilled white vinegar, apple cider vinegar, malt vinegar, corn (Maize) sugar vinegar are considered Halal. Wine Vinegar and Balsamic vinegar are not considered Halal because of left over of wine (alcohol) in wine.

Processing Aid Ingredients or Hidden ingredients in food products and food ingredients:
FDA will allow up to 2% of processing aid ingredients or hidden ingredients in a food product or in a food ingredient without reporting in the ingredients statement. Only Halal or kosher certified food products which meet the Islamic dietary requirements protect Muslim consumers from Haram processing aid ingredients or hidden ingredients. Examples of Hidden ingredients are use of pork gelatin in apple juice processing, gelatin in Beta carotene, Polysorbate 80 (a fat based emulsifier) in vitamins mix for milk fortification.

Soy Sauce:Naturally brewed soy sauce is not a Halal soy sauce because it is just made like wine containing 2-3% ethyl alcohol in it. Soy, wheat and water are main ingredients of naturally brewed soy sauce. All purpose soy sauce or non brewed soy sauce is a Halal soy sauce made from water, salt, hydrolyzed soy protein, corn syrup and sodium benzoate.

Nucleotides in infant formula: Nucleotides are made from yeast cells including torula yeast and brewer yeast. One of the larger manufacturers of nucleotides is using a specific strain of torula yeast and growing on alcoholic beverages such as beer and wine to manufacture the Nucleotide. But the residual of amount of alcohol in nucleotide is very minimum such as 200 part per millions (PPM). Nucleotides are now adding to infant formulas such as in Similac and Enfamil brands. Islamic dietary laws considered alcoholic beverages are Haram. Nucleotide is considered as Mushbooh ingredient by MCG.

The Natural or artificial Flavor: consists of two things one is flavoring material and second is solvent which could be alcohol (haram) or water or propylen glycol (halal) or vegetable oil. The flavoring material in natural flavors is any thing comes from natural such vegetable source or animal source while flavoring material in artificial flavor is from chemicals or synthetic material.

If a food product has a Halal or kosher symbol on its package, then Natural flavors or artificial flavor’s flavoring material comes from Halal sources, if they do not have Halal or kosher symbol then the flavoring material may comes from any source animal or vegetable.

Questions and Answers:

Q: Is powdered flavor and Custard powder Halal?

Ans: Powdered Flavor and custard powder are Halal only if they are made with Halal ingredients and carriers

Q: Is Caramel powder Halal?

Ans: Caramel powder is Halal.

Q: Is Naturally produced Soya Sauce Halal?

Ans: Naturally Brewed Soy sauce is NOT Halal.

Q: Is Tang Halal?

Ans: Dry Tang powder is Halal if no alcohol is used in flavor but the liquid Tang is not Halal because it is not under certification.

Ingredient Types

Halal

Halal an Arabic word means lawful. Muslims all over the world are required to eat only Halal foods (foods allowed to eat according to Islamic dietary laws) made from Halal ingredients (only those law full food ingredients allowed under Islamic dietary laws). The Islamic dietary laws are based on Quranic (Holy book for Muslims) teachings and sayings of Prophet Mohammed Sallallahu alaihi wasallum (called Sunnah) and are based according Islamic Sharia (Islamic laws). The Halal ingredients are from grain, plant, chemical, synthetic (Halal), Dairy (if Halal enzymes and Halal culture media are used), egg products, fish and Zabiha meat sources.

Grain/Plant based ingredients:
Baker’s yeast, Baker’s yeast extract, Beta Carotene (if vegetable oil is used as a carrier that is not gelatin), Microbial rennet, Chocolate liquor, Glycerin (plant and Halal synthetic source), Torula yeast (if grown on sugar cane not on liquor) and All purpose soy sauce.
Mineral, chemical, synthetic (Halal or kosher certified) based ingredients:
Artificial Flavor (made from Halal ingredients without alcohol), BHA and BHT(only if vegetable oil is used as a carrier) and vanillin (from Halal synthetic source).
Dairy Ingredients ( made with Halal enzymes and Halal culture media or kosher certified): Acid Casein, Buttermilk solids, Caseinates, cheese powder, Lactose, Whey and Whey protein concentrate.

Ingredients made from plant fat( Halal or kosher certified): Stearates, Sodium Stearoyl Lactylate, DATEM, Mono & Di Glycerides, Ethoxylated Mono & Di Glycerides, Lecithin, Enzyme Modified Lecithin( Halal or kosher certified), Margarine, Polysorbate 60 or 80, Sorbitan Monostearates and Tocopherol.

Haram

Haram is opposite of Halal, means unlawful, again it is an Arabic word. Muslims are prohibited to consume Haram food products made from from Haram ingredients. They also based according to Quranic teachings and Sunnah as mentioned in sharia.

Haram ingredients from alcohol beverages: Beer, Beer flavor, Rum Flavor, Hard Cider, Beer Batter, Soy Sauce (Naturally brewed), Wine, Pure Alcohol as a Natural Flavor, Vanilla Extract containing alcohol.
Haram ingredients from Human body: L-Cysteine from human hair.
Haram ingredients from Pig: Bacon, Ham, Gelatin, Enzymes, Marshmallow (pig Gelatin), Vitamins.
Grain/plant based ingredients with pig based carrier: Beta carotene (pig Gelatin) and BHA/BHT (pig based carrier).
Dairy ingredients made from pork enzymes and culture media: Caseinates, Lactose, Whey.
Ingredients made from pork fat: Lard, Mono & diglycerides, Sodium Stearoyl Lactylate, DATEM, Polysorbate 60 or 80.

MUSH-BOOH

Mushbooh is an Arabic word for doubtful things. Muslims are required to stay away from doubtful things. Food products and food ingredients whose sources are not known whether they are made from Halal or Haram source fall under this category.

Yeast Extract from brewer’s yeast (some Islamic scholars considered it Halal but to other think it is a Mush-booh ingredient).
Cochineal/Carmine color (Islamic scholars in UK and South Africa considered it Haram but others do not considered it Haram).

Food Flavors

The food flavor of a food substance is the combined sensation of the taste and odor as perceived by the eater or drinker of that substance. The food flavorings are available to the food industry producer as solids, liquids, and paste. The food flavoring is man made and they are compounded from natural and/or synthetic aromatic substances which may or not be found in nature. Flavors may be a mixture of any flavors or flavoring ingredients such as

Process Flavors,
Hydrolysates,
Fat Flavors,
Autolysates,
Enzyme Modified Flavor with addition of carriers,
antioxidants,
solvents and
flavor enhancers.

The impact of natural flavors on Halal food products can be best described in McDonald’s French Fries and Hash Browns. The raw French fries and hash brown are made with Natural flavor as indicated on their ingredients list. But no body know except the suppliers and McDonald that the natural flavor is made of Non-Zabiha beef extract.

Muslims should be very care full of following flavors in meat cheese related products such as meat Loaf seasoning, gravies and process cheese products

Meat, Savory Flavors and Extracts:
The McDonald raw French fries and Hash Brown are made with a food flavor containing Non-Zabiha beef extract.
Dairy Flavors containing animal enzymes.
Alcohol as an ingredient and Carrier in flavors

ALCOHOL AND FERMENTED FOOD PRODUCTS:

Alcohol is widely used as a carrier in many food flavors. Alcohol in food flavors will mostly evaporate if it is used as a solvent in food flavors for baked products or heat treated products. Some Islamic scholars do not consider a food product Halal even if it is made with all Halal ingredients but food flavor in which ethyl alcohol was used as a solvent. But other Islamic scholars recommend food products made with all Halal ingredients even if food flavors containing ethyl alcohol as a solvent.

You have to contact your Islamic scholars about their advise.

Muslim Consumer Group will not assign Halal status to food products which are even made with all ingredients but where ethyl alcohol was used in food flavors as a solvent.

MAJOR TYPE OF FERMENTED MILK PRODUCTS:

Type	Nature Of Fermentation
Kefir	Acid and Alcohol
Koumiss	Acid and Alcohol
Yogurt	Medium Acid
Cultured Buttermilk	Low Acid
Cultured Cream	Low Acid
Leben & Dahi	Medium Acid
Cheese	Acid, Diacetyle, Propionic Acid & CO2

Pickles from cucumber and sauerkraut from cabbage are made by salting (brining). No alcohol is produced during the processing of these products. However, when flavors are added, those flavors may or may not contain alcohol as a carrier.

NON ALCOHOLIC BEVERAGES:

Most of non alcoholic beverages are made from alcoholic beverages where alcohol is separated by use of cones or other method but they contain leftover alcohol, the flavor and color of the alcoholic beverages. A wine or alcoholic beverage consists of 6-12% alcohol, water, flavors obtained through fermentation process, colors. Every single component of wine or alcoholic beverages are Haram, so if they present in a non alcoholic beverages then the non alcoholic beverages became Haram too.

CHEESES AND ITS HALAL STATUS:

The following things have to be Halal in order for a cheese to be considered Halal:

Ingredients used to make the Mother Starter Culture growth Media
Ingredients used to make the Bulk Starter Culture growth Media
Starter Bacterial culture are Halal if they obtained from milk source and not from meat source, usually in practice they obtained from milk.
Milk Coagulating Enzyme, such as Microbial rennet used to coagulate milk or Rennet obtained from Zabiha slaughtered calves
Fat Hydrolyzing Enzyme, such as Microbial Lipases
Dairy ingredients such as Non Fat dry milk solid or cream or dry milk added
Artificial color such as artificial blue or green color is added to neutralize natural yellow color in curd for Asiago or Blue cheese
Media to grow mold Penicillium roquefortti providing blue color in blue cheese
Harmless plant based enzyme is added for curing or flavor development and growth media for biological curing agent used on the surface of Brick cheese
Flavoring, hydrolyzed lactose, whey for cold packed cheese food, gelatin is allowed in cream cheese but most manufacturer use gums instead of gelatin

Cultured lipolyzed Cream: is considered Halal if the culture media, which is used to grow cultures is made from Halal ingredients. The use of microbial Lipase enzyme is the second requirement for cultured lipolyzed cream to be considered Halal.

Cultured Lipolyzed Cream is made with use of cultures and Lipase enzyme.

Lipase enzyme is used to split milk fat into free fatty acids eventually leading to methyl ketones, lactones and other volatile compounds for flavor.

Gelatin is a derived water soluble protein made by controlled hydrolytic conversion of collagen, the protein constituent of white fibrous connective tissue from animals.

Gelatin is obtained from one of the following:

 Beef bones and calf skin (Gelatin type B) or

 Skin, hide splits and trimming of pork (Gelatin type A)

 Gelatin is also obtained from fish. The fish gelatin is started coming to markets in 1993 (Muslim Consumer Group reported in one of Chicago Muslim news paper in 1993). It is expensive than pork and beef and also provide little unpleasant smell to the food products.
Fish gelatin is used in Procter & Gamble’s Sunny Delight fruit drinks. It is combined with Beta carotene a plant based color as a processing aid ingredient (not reported under the ingredients list) to help disperse the Beta carotene in liquid system. Fish gelatin was also used by Saputo Cheese Company under Stella, Frigo, Lorraine and Dragone brands for low fat and reduced fat cheeses. The Fish gelatin meets the Islamic dietary requirements and is considered as a Halal ingredient.

Majority of Muslims do not purchase food products containing gelatin but a minority of Muslims consume food products made from Non-Zabiha beef gelatin. If these products are not under kosher certification, the manufacturer can change the source of gelatin from Non-Zabiha to pork.

There is a big confusion about Kosher Gelatin which is now used very extensively in yogurts, sour Cream, Cottage cheese and Ice Cream.

There are four type of kosher gelatin in the food products but none of them meet the Islamic dietary requirements and considered NOT Halal.

Different kosher certifying organizations have different beliefs.

For example kosher organization with symbols

OU, CRC, V, Kof K do not consider pork gelatin as a kosher gelatin.
K, KO accept pork gelatin as a kosher product.

So the statements such as “Gelatin is considered Kosher regardless of its source of origin”, which appears in many Halal foods books is not true.

Gelatin in Jell-o Gelatin products is made from pork and considered kosher by a Rabbi who certify these products with a kosher symbol K. These products are Haram (NOT HALAL).
Kosher gelatin is also obtained from non kosher slaughtered cattle bones and skin in China, which is certified by a Rabbi in Florida. This gelatin is used in majority of Dannon Yogurts( Dannon’s Premium Low Fat Plain, Premium Non Fat Plain and Natural Plain with UD kosher symbol do not contain any gelatin and considered as Halal products) and other brand of yogurts.
Kosher gelatin is also made from pork source and listed as kosher gelatin in some products with kosher symbol KO. These products are Haram (NOT HALAL).
The Union of Orthodex Jewish Congregation of America certifies a Kosher gelatin, which is made from cattle. These cattle are slaughtered according Jewish laws by a Sochet (A Rabbi). This kosher gelatin is used in Entenmann’s Frosted Toaster Pastries with kosher symbol UD. Many Islamic Scholars do not accept kosher meat as the meat of Ahle-Kitab because Sochet (Rabbi) do not announce the name of Allah and other prayers on each animals.

Only fish gelatin and gelatin made from the bones and skins of Halal animals slaughtered according to Islamic Sharia is considered Halal.

Kosher Symbols: Allah says in Quran
“This day are (all) things are good and pure made lawful unto you. The Food of the people of the books is lawful to you and yours is lawful unto them” (Sura 5, Ayat 5).

If an authentic and genuine non meat kosher certified food products bearing kosher symbols such as OU, K. CRC, V, Kuf K, KVH, COR and Parve meet the Islamic dietary requirements, then those products are considered Halal.

However if they contain gelatin, kosher gelatin, wine, alcohol, L-cysteine from human hair, wine vinegar, rum flavor, beer batter then they are considered to be NOT Halal food products.

For example if a food product contains gelatin or Kosher gelatin and also bears kosher symbol, then it will not be considered Halal.

We do not recommend Kosher meat for Muslims because they do not announce Allah’s name on each animal. Majority of Muslims do not consider it Halal. Besides, the Zabiha meat is accessible to Muslims in USA and Canada.

PLEASE DONOT USE THE KOSHER CERTIFIED FOOD PRODUCTS IF THEY CONTAIN THE FOLLOWING INGREDIENTS:

1) Gelatin (2) Kosher Gelatin (3) L-Cysteine made from human hair (4) Wine (5) Liquor (6) Beer batter (7) Rum flavor (8) Ethyl Alcohol as a main ingredient appears on the ingredient list (9) Cochineal or Carmine, a red color from insects (10) Naturally Brewed Soy Sauce (11) Yeast Extract or Autolyzed Yeast made from brewer�s yeast, a by product of beer making (12) Torula Yeast grown on alcohol (13) Nucleotides (building block of nucleic acid) are obtained from yeast cells grown on alcohol, used in Infant Milk formulas to help babies build a good immune, digestive system and decreased incident of diarrhea (14) Vanilla Extract (15) Wine Vinegar (16) Ethyl alcohol is used as a solvent in natural and artificial flavors.

i. Gelatin (Jell -o Gelatin products)

ii. Kosher Gelatin (from cow not slaughtered according Jewish slaughtering methods such as kosher gelatin in Dannon yogurts)

iii. Kosher Gelatin (from cows slaughtered according to Jewish method of slaughtered in which they pronounce name of Allah on the first cow and last cow, no pronouncement of Allah’s name between first and last cows such as kosher gelatin in Entenmann’s Frosted Toaster Pastries)

iv. Wine (Grey Poupon Mustard)

v. Alcohol
vi. Alcohol in Flavor ( Some Islamic scholars accept it as Halal and some do not, please consult your Islamic scholar)
vii. L-Cysteine from human Hair
Cochineal (Insect red color, all insect except gross hopper are Haram according to Hanafi fiqha)
viii. Naturally Brewed Soya Sauce (Soya sauce made with wheat and soy is Haram because the production of alcohol in its production and retention of 1-2% alcohol in soya sauce, Soya sauce made with water, Salt, Hydrolyzed vegetable Protein, Corn Syrup and Sodium Benzoate is Halal, it is also called All purpose Soya sauce)

ix. Brewer’s Yeast Extract ( some Islamic scholars accept it as Halal and some considered it mushbooh because it is by-product of beer making, please consult with your Islamic scholar)
x. Beta Carotene (made with gelatin, if fish gelatin or vegetable oil is used then it is Halal)

Lipolyzed Butterfat:

The use of microbial Lipase enzyme is the requirement for lipolyzed butterfat to be considered Halal. Lipolyzed butterfat is made by use of Lipase enzyme to break butter fat to provide flavor.

L-Cysteine is a non essential amino acid used in bakery products as dough conditioner. It helps keep the dough from shrinking in case of pizza crust and pita breads. It is also used in bagels. It also reduced mixing time. L-Cysteine is made from either

human hair,
chicken feathers and
synthetic material.

L-Cysteine from Halal synthetic material is Halal certified by Majelis Ulema of Indonesia and sale by Ajinomoto USA. BagelEz is a dough conditioner from Caravan Company of New Jersey. They used Halal certified L-Cysteine.

According to Islamic Scholars the L-Cysteine made from human hairs is considered as a Haram product.

YEAST EXTRACT OR AUTOLYZED YEAST

Yeast is a single celled plant that has been useful to mankind since pre-historic times. There are numerous applications of yeast in the food industry

Baker’s Yeast: Halal
The role of baker yeast in baking industry is to leaven bread and related products. Baker’s Yeast is a Halal yeast.
Brewer’s Yeast:
This type of yeast is used in fermenting sugar in malt to produce alcohol and carbon dioxide in beer making.
Wine Yeast:
This yeast is used in making wine.
Alcohol Yeast :
Yeast is used in production of alcohol.
Torula Yeast:
Torula Yeast grows on sulfite waste and sulfite liquors. It is also grown on sugar cane. Torula yeast grown on sulphite liquor containing alcohol is not recommended for Muslims.

If it is grown on sugar cane then it is considered Halal.

Autolyzed Yeast Extracts or Yeast Extracts:
Autolyzed yeast extracts are available as a powder derived from Baker’s Yeast or Brewer’s Yeast. After brewing the beer, the brewer yeast is separated from the beer and subjected to self digestion, the hydrolysis of yeast cell protein by the proteolytic enzymes indigenous to yeast cell.

Brewer’s yeast extracts are used in soups, meat products, gravies, snacks, crackers, part of some of the culture media in cheese making. It is used in flavors and also vitamins.
Baker’s yeast extracts are used in non flavoring foods.

The Islamic Scholars have different opinions regarding the brewer’s yeast extracts. Some considered it Halal, some say, it is Mukrooh and some advise not to consume foods containing brewer’s yeast extract. Our Islamic scholar considered it Halal if the alcohol penetrated inside the yeast cell and changed to new thing. There is no literature available to indicate that alcohol inside yeast react and changed to a new thing. This is the reason we do not consider yeast extract from beer making as a Halal ingredient.

Please consult your Sheik or Imam on this topic.

Vinegar

Vinegar has been known for centuries. It is simply a dilute solution of water and acetic acid that contains coloring and flavoring agents in very small quantities from source of raw material. A typical distilled vinegar contains 95% of water and rest is acetic acid , minor constituents.

It is made by two successive microbial processes,

first being an alcoholic fermentation effected by yeasts and the
second an oxidation of alcohol by Acetobacter, a genus of aerobic bacteria.

U.S. Food and Drug Administration regulation states that the unmodified name vinegar apply only to the product derived from apples and that this product contain not less than 4 g of acetic acid in 100 ml of vinegar.

Vinegar also contains small quantities of ash, sugars, phosphoric acid, alcohol, and glycerol.

Vinegar is made by two process;

The packed generator; and
Submerged fermentation system.

Air is used in both process.

Fermentation :

The fermentation of sugar into alcohol (ethanol) and which comprises the first step in manufacturing of vinegar using the yeast Saccharomyces sp, which proceeds as follow: C6H12O6 ——-> 2C2H5OH + 2CO2 (sugar source) (Ethyl Alcohol) (Carbon Dioxide)The second fermentation step requires the microorganism acetobacter (Bacterium aceti) and oxygen as indicated below:

Gelatin: is a derived water soluble protein made by controlled hydrolytic conversion of collagen, the protein constituent of white fibrous connective tissue from animals.

Gelatin is obtained from one of the following:

 Beef bones and calf skin (Gelatin type B) or

 Skin, hide splits and trimming of pork (Gelatin type A)

2C2H5OH + 2O2 ———> 2CH3COOH + 2H2O (Ethyl Alcohol) (Oxygen) (Acetic Acid) (Water)

FYI
Malt vinegar is used extensively in Britain, and wine vinegar in continental Europe.
Distilled white vinegar and cider vinegar is preferred in USA and Canada.

Types of Vinegar:

There are six type vinegar is used throughout the world.

Distilled White or Grain or Spirit Vinegar: It is produced from the natural fermentation of dilute alcohol to vinegar. The vinegar is filtered and contains Natural mellow aroma.
Apple Cider Vinegar: It is produced from unprocessed apple juice and vinegar retains its natural amber color and fruity flavor.
Wine Vinegar: Wine vinegar is produced from Burgandy wine and other wines.It retains a ruby color and wine like flavor. It is used in Oil-Vinegar Dressing and gourmet cooking and condiments.
Corn (Maize) sugar Vinegar: This type of vinegar is produced from corn sugar. Sugar is first converted to alcohol then alcohol is converted to acetic acid and water. It is also a amber color vinegar.
Malt Vinegar: Malt vinegar is produced from the fermentation of malt to alcohol and then it is converted to vinegar.
Specialty Vinegar such as Balsamic Vinegar: Balsamic vinegar is produced in Modena Italy from white and sugary Trebbiano grapes with special labor intensive method to special flavor and aroma There is possibility of left over wine in this vinegar.

Halal Status of vinegar:

There is a different of opinion among Hanafi and Shafi fiqa schools regarding vinegar.
There is also different of opinion among Islamic Scholars regarding wine vinegar. Since there is possibility of wine being not 100% converted to acetic acid and water. There is left over wine in the wine vinegar, we consider wine vinegar not a Halal vinegar. We recommend distilled white vinegar because it is made from dilute alcohol. Please consult your sheik or Imam on this topic.

VITAMINS FORTIFIED MILK:

Milk from buffalo, camel, cow and goat is Halal by itself however milk in the US and Canada from cows and goats must be fortified with vitamins A and D by law. California is the only state where milk can be sold without vitamin fortification. In 1994, the Muslim Consumer Group brought the following facts about vitamins fortification of milk.

a. What are the source of Vitamins A and D:
Vitamin A for milk fortification is produced commercially by reacting calcium carbonate with water and then esterified with palmitic acid (source can be from a plant or an animal or a synthetic).
Vitamin D3 is produced from sheep’s wool lanolin (Halal).

b. Presence of an emulsifier in Vitamin Mixes:
A fat based emulsifier Polysorbate 80 is added to the vitamin mix for milk fortification s as a processing aid ingredient to help vitamins to be mix and distributed evenly with milk so that it is satisfy the law requirement of a specific amount of vitamins per quart of milk. This emulsifier is not mentioned on the ingredient declaration on the milk containers because it is considered a processing aid. This emulsifier should not be from pork fat. It has to be from plant fat such as soy bean.

c. This vitamins mixture must be certified as Halal or kosher because there is no FDA regulations about the source of vitamins and the emulsifier for vitamin mix. If a manufacturer wishes to use an emulsifier and vitamins from pork source, there is no law to prevent it.

d. Now almost every dairy in USA is using Kosher certified vitamin mix, so the milk in USA and Canada is Halal.

e. Composition of Vitamin mix for milk fortification:
Vitamin mix for milk fortification is made of Vitamin A, Vitamin D3, Water, Polysorbate 80 (an emulsifier), Propylene Glycol (to prevent freezing) and Sodium Benzoate as preservative. These ingredients other than Vitamin A and Vitamin D3 will not appear on the ingredients list of milk on its bottle because they considered as processing aid ingredients.

f. VITAMIN MIX MANUFACTURERS:
Tastemaker, Bungi Foods, Vitamins Inc., Danisco-Grindsted are the major suppliers for the vitamin mix (BASF and Roche vitamins are main suppliers of vitamin A & D) to the milk industry. These companies have kosher certified vitamin mixes. The vitamin mixes from above companies are consider Halal.

Vanilla

Vanilla is the most world prized flavor. It is obtained from the beans of a tropical vine of genus vanilla. The beans at harvest do not have the characteristic vanilla fragrance but requires curing processes to obtain the vanilla fragrance.

All curing methods involve four basic phases:

Wilting or killing of the beans that stops the natural respiratory metabolism and vegetative life of the pod.
Sweating the wilted beans which involves a fairly rapid dehydration and slow fermentation. The characteristic flavor compounds develops here during which sugars, phenols, vanillin compound are developed by enzymatic and non-enzymatic reaction.
Drying of sweated beans at very slowly at a lower temperature to 20-25% moisture.
Conditioning of the dried beans in closed boxes for a few months where they finish the development of their characteristic fragrance.

Vanilla Standards: Vanilla extract is the only flavoring material with a US FDA standard of identity. It is included in the code of Federal Regulation (21CFR-169).

Vanilla Extraction and Ice Cream Standard: Vanilla standards was developed and promulgated concurrent and in close relation with Ice Cream Standard(21-CFR-135.110).

The labeling of Ice Cream is dependent on the type of flavoring used.

Category I (21CFR-135):
Vanilla Ice Cream contains only pure vanilla components and no artificial flavors.
Category II (21CFR-135):
Vanilla ice cream can be flavored with up toone ounce of synthetic vanillin per unit of vanilla extract. This is a natural and artificial product and labeled vanilla flavored Ice cream.
Category III (21CFR-135):
Ice cream contains predominantly or exclusively an artificial vanilla flavoring that includes primary synthetic vanillin. This product must be labeled Artificially flavored or Artificial vanilla.

VANILLA PRODUCTS:

Vanilla Beans: Vanilla beans are identified as the properly cured and dried fruit-pods of Vanilla planifolia in vanilla standard 21-CFR-169.3. Vanilla Extracts and Vanilla Powders: The reminder of the standard is involved with describing in general terms how the extract is made and what other ingredients can be used. It also defines other products related to pure vanilla extract (what constitutes them and how they can be labeled).
Vanilla extract (extracted with alcohol).
Vanilla flavoring (extracted with alcohol)
Concentrated vanilla flavoring (extracted with alcohol)
Vanilla powder (no alcohol is used)
Vanilla-Vanillin extract (extracted with alcohol)
Vanilla-Vanillin flavoring (extracted with alcohol)
Vanilla-Vanillin powder (Vanillin may be obtained with or without alcohol)

The more significant statement in the standard, which should be noted, require that the finished extract have no less than 35% ethyl alcohol and contains no less than one unit of vanilla bean per gallon. There is no animal derived ingredients are used in the above products.

VANILLA WITHOUT ALCOHOL:

New Methods of Extractions: Modern methods of extraction are used such as supercritical carbon dioxide extraction and reverse osmosis for concentration. These methods produce useful products for industrial flavoring but they either fail to fit the regulatory requirements (alcohol extraction) for standard products, but they are expensive. These specialized products differ in solubility, flavor profile, and appearance but add to the list of natural vanilla flavoring available to food and beverages manufacturers.
Vanilla beans: Pure Vanilla beans (21CFR-169.3) are available for both food manufacturers for processed foods and common consumers for home bake products (McCormik brand of pure vanilla beans are available in supermarkets).
Vanilla Flavor: A vanilla flavor may be in fact being non-alcoholic but it has to be outside of standard of identity.
Vanilla Powder: This is a standard vanilla product (21CFR-169.179). Vanilla powder is a mixture of ground vanilla beans or vanilla oleoresin or both with one or more of the following optional blending ingredients (a) Sugars, (b) dextrose, (c) Lactose, (d) Food Starch, (e) dried corn syrup, (f) Gum acacia. Vanilla sugar is different from vanilla powder with sugar. Vanilla Sugar is made with sugar and vanilla extract and considered as Haram ingredient because of alcohol.
Vanilla-Vanillin Powder: This is the same, as vanilla powder but contains not more than one ounce of added vanillin. This is also a standard product (21CFR-169.182). But this product is Halal only if added vanillin is obtained from vanilla bean without alcohol.

Vanillin

Vanillin (4-hydroxy-3-methoxybenzaldehyde) a pleasant smelling aromatic compound occurs naturally in vanilla bean and also obtained from as by-product of pulp and paper industry by the oxidative break down of lignin. It may also be prepared by synthesis.

LIGNIN VANILLIN VANILLA BEAN VANILLIN
(vanilla bean flavor component)

C8H8O3 Molecular weight: 152.16

HALAL STATUS OF VANILLIN:
Artificial or synthetic vanillin do not contain alcohol and it is also Halal or Kosher certified. It is a Halal ingredient.
Artificial or synthetic vanillin is made with all Halal ingredients and Halal process without alcohol. Lignin which used to make the artificial vanillin is plant products which is Halal by nature. Only methane is used as a solvent which is a Halal solvent.

HOW TO IDENTIFY HALAL VANILLA AND ARTIFICIAL VANILLIN IN A FOOD PRODUCT:
There are three steps, a Muslim can used to identify the Halal Vanilla and artificial vanillin in a food product.

Step Number 1: Read the ingredients list on the food package. If you find a vanilla extract under the ingredients statement, this means the vanilla is extracted with alcohol and alcohol containing vanilla extract is added to the products. Vanilla Extract is a Haram ingredient. Stop here, do not use the product.

Step Number 2: If the ingredient statement does not indicate the presence of vanilla extract but indicate the presence of vanilla flavor or Natural flavor or Natural and Artificial Flavor, look for kosher symbol, if you find kosher symbol, this indicates that no animal derived ingredients are used in vanilla flavor or Natural & Artificial flavor.
This does not mean the product is Halal. Use of alcohol in vanilla flavor or Natural and Artificial flavor has to be investigated.

Step Number 3: Contact the food manufacturer to find out whether alcohol is used as the carrier or solvent in the vanilla flavor or Natural and Artificial flavor, if not, then consume the product.
If alcohol is used as a solvent, then do not consume the product.

ICE CREAM PRODUCTS WITHOUT VANILLA OR FLAVORS:

Some Ice Cream manufacturer used rework ice cream products with flavors containing alcohol in an Ice Cream product, which do not have any flavor, or vanilla at all as indicated by the ingredient list. Good Humor Company is using this practice for their Breyer brand of Ice Cream. It is possible others do not use this practice.

ISLAMIC SCHOLARS’ VIEW ON THIS TOPIC:

Some Islamic Scholars considered a food product Not Halal if it is made with flavor containing alcohol as a solvent. But the others considered it Halal because they said the small or large quantity of the product does not intoxicate a person. Please consult your Sheik or Imam on this topic.

C6H12O6 ——-> 2C2H5OH + 2CO2 (sugar source) (Ethyl Alcohol) (Carbon Dioxide) The second fermentation step requires the microorganism acetobacter (Bacterium aceti) and oxygen as indicated below: 2C2H5OH + 2O2 ———> 2CH3COOH + 2H2O (Ethyl Alcohol) (Oxygen) FYI
Malt vinegar is used extensively in Britain, and wine vinegar in continental Europe.
Distilled white vinegar and cider vinegar is preferred in USA and CanadaTypes of Vinegar:

Lipolyzed Butterfat:

The use of microbial Lipase enzyme is the requirement for lipolyzed butterfat to be considered Halal. Lipolyzed butterfat is made by use of Lipase enzyme to break butter fat to provide flavor.

human hair,
chicken feathers and
synthetic material.

According to Islamic Scholars the L-Cysteine made from human hairs is considered as a Haram product.

YEAST EXTRACT OR AUTOLYZED YEAST

Yeast is a single celled plant that has been useful to mankind since pre-historic times. There are numerous applications of yeast in the food industry

Baker’s Yeast: Halal
The role of baker yeast in baking industry is to leaven bread and related products. Baker’s Yeast is a Halal yeast.
Brewer’s Yeast:
This type of yeast is used in fermenting sugar in malt to produce alcohol and carbon dioxide in beer making.
Wine Yeast:
This yeast is used in making wine.
Alcohol Yeast :
Yeast is used in production of alcohol.
Torula Yeast:
Torula Yeast grows on sulfite waste and sulfite liquors. It is also grown on sugar cane. Torula yeast grown on sulphite liquor containing alcohol is not recommended for Muslims.

If it is grown on sugar cane then it is considered Halal.

Autolyzed Yeast Extracts or Yeast Extracts:
Autolyzed yeast extracts are available as a powder derived from Baker’s Yeast or Brewer’s Yeast. After brewing the beer, the brewer yeast is separated from the beer and subjected to self digestion, the hydrolysis of yeast cell protein by the proteolytic enzymes indigenous to yeast cell.

Please consult your Sheik or Imam on this topic.

Vinegar

It is made by two successive microbial processes,

first being an alcoholic fermentation effected by yeasts and the
second an oxidation of alcohol by Acetobacter, a genus of aerobic bacteria.

Vinegar also contains small quantities of ash, sugars, phosphoric acid, alcohol, and glycerol.

Vinegar is made by two process;

The packed generator; and
Submerged fermentation system.

Air is used in both process.

Fermentation :

The fermentation of sugar into alcohol (ethanol) and which comprises the first step in manufacturing of vinegar using the yeast Saccharomyces sp, which proceeds as follow: C6H12O6 ——-> 2C2H5OH + 2CO2 (sugar source) (Ethyl Alcohol) (Carbon DioxideThe second fermentation step requires the microorganism acetobacter (Bacterium aceti) and oxygen as indicated below:

L-Cysteine: is a non essential amino acid used in bakery products as dough conditioner. It helps keep the dough from shrinking in case of pizza crust and pita breads. It is also used in bagels. It also reduced mixing time. L-Cysteine is made from either

human hair,
chicken feathers and
synthetic material.

According to Islamic Scholars the L-Cysteine made from human hairs is considered as a Haram product.

YEAST EXTRACT OR AUTOLYZED YEAST

Yeast is a single celled plant that has been useful to mankind since pre-historic times. There are numerous applications of yeast in the food industry

Baker’s Yeast: Halal
The role of baker yeast in baking industry is to leaven bread and related products. Baker’s Yeast is a Halal yeast.
Brewer’s Yeast:
This type of yeast is used in fermenting sugar in malt to produce alcohol and carbon dioxide in beer making.
Wine Yeast:
This yeast is used in making wine.
Alcohol Yeast :
Yeast is used in production of alcohol.
Torula Yeast:
Torula Yeast grows on sulfite waste and sulfite liquors. It is also grown on sugar cane. Torula yeast grown on sulphite liquor containing alcohol is not recommended for Muslims.

If it is grown on sugar cane then it is considered Halal.

Autolyzed Yeast Extracts or Yeast Extracts:
Autolyzed yeast extracts are available as a powder derived from Baker’s Yeast or Brewer’s Yeast. After brewing the beer, the brewer yeast is separated from the beer and subjected to self digestion, the hydrolysis of yeast cell protein by the proteolytic enzymes indigenous to yeast cell.

Please consult your Sheik or Imam on this topic.

Vinegar

It is made by two successive microbial processes,

first being an alcoholic fermentation effected by yeasts and the
second an oxidation of alcohol by Acetobacter, a genus of aerobic bacteria.

Vinegar also contains small quantities of ash, sugars, phosphoric acid, alcohol, and glycerol.

Vinegar is made by two process;

The packed generator; and
Submerged fermentation system.

Air is used in both process.

Fermentation :

The fermentation of sugar into alcohol (ethanol) and which comprises the first step in manufacturing of vinegar using the yeast Saccharomyces sp, which proceeds as follow: C6H12O6 ——-> 2C2H5OH + 2CO2 (sugar source) (Ethyl Alcohol) (Carbon DioxideThe second fermentation step requires the microorganism acetobacter (Bacterium aceti) and oxygen as indicated below:

YEAST EXTRACT OR AUTOLYZED YEAST

Yeast is a single celled plant that has been useful to mankind since pre-historic times. There are numerous applications of yeast in the food industry

Baker’s Yeast: Halal
The role of baker yeast in baking industry is to leaven bread and related products. Baker’s Yeast is a Halal yeast.

Brewer’s Yeast:
This type of yeast is used in fermenting sugar in malt to produce alcohol and carbon dioxide in beer making.

Wine Yeast:
This yeast is used in making wine.

Alcohol Yeast :
Yeast is used in production of alcohol.

Torula Yeast:
Torula Yeast grows on sulfite waste and sulfite liquors. It is also grown on sugar cane. Torula yeast grown on sulphite liquor containing alcohol is not recommended for Muslims.

If it is grown on sugar cane then it is considered Halal.

Autolyzed Yeast Extracts or Yeast Extracts:
Autolyzed yeast extracts are available as a powder derived from Baker’s Yeast or Brewer’s Yeast. After brewing the beer, the brewer yeast is separated from the beer and subjected to self digestion, the hydrolysis of yeast cell protein by the proteolytic enzymes indigenous to yeast cell.

Please consult your Sheik or Imam on this topic.

2C2H5OH + 2O2 ———> 2CH3COOH + 2H2O (Ethyl Alcohol) (Oxygen) (Acetic Acid) (Water)

FYI
Malt vinegar is used extensively in Britain, and wine vinegar in continental Europe.
Distilled white vinegar and cider vinegar is preferred in USA and Canada.

Types of Vinegar:

There are six type vinegar is used throughout the world.

Distilled White or Grain or Spirit Vinegar: It is produced from the natural fermentation of dilute alcohol to vinegar. The vinegar is filtered and contains Natural mellow aroma.
Apple Cider Vinegar: It is produced from unprocessed apple juice and vinegar retains its natural amber color and fruity flavor.
Wine Vinegar: Wine vinegar is produced from Burgandy wine and other wines.It retains a ruby color and wine like flavor. It is used in Oil-Vinegar Dressing and gourmet cooking and condiments.
Corn (Maize) sugar Vinegar: This type of vinegar is produced from corn sugar. Sugar is first converted to alcohol then alcohol is converted to acetic acid and water. It is also a amber color vinegar.
Malt Vinegar: Malt vinegar is produced from the fermentation of malt to alcohol and then it is converted to vinegar.
Specialty Vinegar such as Balsamic Vinegar: Balsamic vinegar is produced in Modena Italy from white and sugary Trebbiano grapes with special labor intensive method to special flavor and aroma There is possibility of left over wine in this vinegar.

Halal Status of vinegar:

VITAMINS FORTIFIED MILK:

a. What are the source of Vitamins A and D:
Vitamin A for milk fortification is produced commercially by reacting calcium carbonate with water and then esterified with palmitic acid (source can be from a plant or an animal or a synthetic).
Vitamin D3 is produced from sheep’s wool lanolin (Halal).

b. Presence of an emulsifier in Vitamin Mixes:
A fat based emulsifier Polysorbate 80 is added to the vitamin mix for milk fortification s as a processing aid ingredient to help vitamins to be mix and distributed evenly with milk so that it is satisfy the law requirement of a specific amount of vitamins per quart of milk. This emulsifier is not mentioned on the ingredient declaration on the milk containers because it is considered a processing aid. This emulsifier should not be from pork fat. It has to be from plant fat such as soy bean.

d. Now almost every dairy in USA is using Kosher certified vitamin mix, so the milk in USA and Canada is Halal.

f. VITAMIN MIX MANUFACTURERS:
Tastemaker, Bungi Foods, Vitamins Inc., Danisco-Grindsted are the major suppliers for the vitamin mix (BASF and Roche vitamins are main suppliers of vitamin A & D) to the milk industry. These companies have kosher certified vitamin mixes. The vitamin mixes from above companies are consider Halal.

Vanilla

All curing methods involve four basic phases:

Wilting or killing of the beans that stops the natural respiratory metabolism and vegetative life of the pod.
Sweating the wilted beans which involves a fairly rapid dehydration and slow fermentation. The characteristic flavor compounds develops here during which sugars, phenols, vanillin compound are developed by enzymatic and non-enzymatic reaction.
Drying of sweated beans at very slowly at a lower temperature to 20-25% moisture.
Conditioning of the dried beans in closed boxes for a few months where they finish the development of their characteristic fragrance.

Vanilla Standards: Vanilla extract is the only flavoring material with a US FDA standard of identity. It is included in the code of Federal Regulation (21CFR-169).

Vanilla Extraction and Ice Cream Standard: Vanilla standards was developed and promulgated concurrent and in close relation with Ice Cream Standard(21-CFR-135.110).

The labeling of Ice Cream is dependent on the type of flavoring used.

Category I (21CFR-135):
Vanilla Ice Cream contains only pure vanilla components and no artificial flavors.
Category II (21CFR-135):
Vanilla ice cream can be flavored with up toone ounce of synthetic vanillin per unit of vanilla extract. This is a natural and artificial product and labeled vanilla flavored Ice cream.
Category III (21CFR-135):
Ice cream contains predominantly or exclusively an artificial vanilla flavoring that includes primary synthetic vanillin. This product must be labeled Artificially flavored or Artificial vanilla.

VANILLA PRODUCTS:

Vanilla Beans: Vanilla beans are identified as the properly cured and dried fruit-pods of Vanilla planifolia in vanilla standard 21-CFR-169.3. Vanilla Extracts and Vanilla Powders: The reminder of the standard is involved with describing in general terms how the extract is made and what other ingredients can be used. It also defines other products related to pure vanilla extract (what constitutes them and how they can be labeled).
Vanilla extract (extracted with alcohol).
Vanilla flavoring (extracted with alcohol)
Concentrated vanilla flavoring (extracted with alcohol)
Vanilla powder (no alcohol is used)
Vanilla-Vanillin extract (extracted with alcohol)
Vanilla-Vanillin flavoring (extracted with alcohol)
Vanilla-Vanillin powder (Vanillin may be obtained with or without alcohol)

VANILLA WITHOUT ALCOHOL:

New Methods of Extractions: Modern methods of extraction are used such as supercritical carbon dioxide extraction and reverse osmosis for concentration. These methods produce useful products for industrial flavoring but they either fail to fit the regulatory requirements (alcohol extraction) for standard products, but they are expensive. These specialized products differ in solubility, flavor profile, and appearance but add to the list of natural vanilla flavoring available to food and beverages manufacturers.
Vanilla beans: Pure Vanilla beans (21CFR-169.3) are available for both food manufacturers for processed foods and common consumers for home bake products (McCormik brand of pure vanilla beans are available in supermarkets).
Vanilla Flavor: A vanilla flavor may be in fact being non-alcoholic but it has to be outside of standard of identity.
Vanilla Powder: This is a standard vanilla product (21CFR-169.179). Vanilla powder is a mixture of ground vanilla beans or vanilla oleoresin or both with one or more of the following optional blending ingredients (a) Sugars, (b) dextrose, (c) Lactose, (d) Food Starch, (e) dried corn syrup, (f) Gum acacia. Vanilla sugar is different from vanilla powder with sugar. Vanilla Sugar is made with sugar and vanilla extract and considered as Haram ingredient because of alcohol.
Vanilla-Vanillin Powder: This is the same, as vanilla powder but contains not more than one ounce of added vanillin. This is also a standard product (21CFR-169.182). But this product is Halal only if added vanillin is obtained from vanilla bean without alcohol.

Vanillin

LIGNIN VANILLIN VANILLA BEAN VANILLIN
(vanilla bean flavor component)

C8H8O3 Molecular weight: 152.16

HALAL STATUS OF VANILLIN:
Artificial or synthetic vanillin do not contain alcohol and it is also Halal or Kosher certified. It is a Halal ingredient.
Artificial or synthetic vanillin is made with all Halal ingredients and Halal process without alcohol. Lignin which used to make the artificial vanillin is plant products which is Halal by nature. Only methane is used as a solvent which is a Halal solvent.

HOW TO IDENTIFY HALAL VANILLA AND ARTIFICIAL VANILLIN IN A FOOD PRODUCT:
There are three steps, a Muslim can used to identify the Halal Vanilla and artificial vanillin in a food product.

Step Number 1: Read the ingredients list on the food package. If you find a vanilla extract under the ingredients statement, this means the vanilla is extracted with alcohol and alcohol containing vanilla extract is added to the products. Vanilla Extract is a Haram ingredient. Stop here, do not use the product.

Step Number 2: If the ingredient statement does not indicate the presence of vanilla extract but indicate the presence of vanilla flavor or Natural flavor or Natural and Artificial Flavor, look for kosher symbol, if you find kosher symbol, this indicates that no animal derived ingredients are used in vanilla flavor or Natural & Artificial flavor.
This does not mean the product is Halal. Use of alcohol in vanilla flavor or Natural and Artificial flavor has to be investigated.

Step Number 3: Contact the food manufacturer to find out whether alcohol is used as the carrier or solvent in the vanilla flavor or Natural and Artificial flavor, if not, then consume the product.
If alcohol is used as a solvent, then do not consume the product.

ICE CREAM PRODUCTS WITHOUT VANILLA OR FLAVORS:

ISLAMIC SCHOLARS’ VIEW ON THIS TOPIC:

2C2H5OH + 2O2 ———> 2CH3COOH + 2H2O (Ethyl Alcohol) (Oxygen) (Acetic Acid) (Water)

FYI
Malt vinegar is used extensively in Britain, and wine vinegar in continental Europe.
Distilled white vinegar and cider vinegar is preferred in USA and Canada.

Types of Vinegar:

There are six type vinegar is used throughout the world.

Distilled White or Grain or Spirit Vinegar: It is produced from the natural fermentation of dilute alcohol to vinegar. The vinegar is filtered and contains Natural mellow aroma.
Apple Cider Vinegar: It is produced from unprocessed apple juice and vinegar retains its natural amber color and fruity flavor.
Wine Vinegar: Wine vinegar is produced from Burgandy wine and other wines.It retains a ruby color and wine like flavor. It is used in Oil-Vinegar Dressing and gourmet cooking and condiments.
Corn (Maize) sugar Vinegar: This type of vinegar is produced from corn sugar. Sugar is first converted to alcohol then alcohol is converted to acetic acid and water. It is also a amber color vinegar.
Malt Vinegar: Malt vinegar is produced from the fermentation of malt to alcohol and then it is converted to vinegar.
Specialty Vinegar such as Balsamic Vinegar: Balsamic vinegar is produced in Modena Italy from white and sugary Trebbiano grapes with special labor intensive method to special flavor and aroma There is possibility of left over wine in this vinegar.

Halal Status of vinegar:

VITAMINS FORTIFIED MILK:

d. Now almost every dairy in USA is using Kosher certified vitamin mix, so the milk in USA and Canada is Halal.

Vanilla

All curing methods involve four basic phases:

Wilting or killing of the beans that stops the natural respiratory metabolism and vegetative life of the pod.
Sweating the wilted beans which involves a fairly rapid dehydration and slow fermentation. The characteristic flavor compounds develops here during which sugars, phenols, vanillin compound are developed by enzymatic and non-enzymatic reaction.
Drying of sweated beans at very slowly at a lower temperature to 20-25% moisture.
Conditioning of the dried beans in closed boxes for a few months where they finish the development of their characteristic fragrance.

Vanilla Standards: Vanilla extract is the only flavoring material with a US FDA standard of identity. It is included in the code of Federal Regulation (21CFR-169).

Vanilla Extraction and Ice Cream Standard: Vanilla standards was developed and promulgated concurrent and in close relation with Ice Cream Standard(21-CFR-135.110).

The labeling of Ice Cream is dependent on the type of flavoring used.

Category I (21CFR-135):
Vanilla Ice Cream contains only pure vanilla components and no artificial flavors.
Category II (21CFR-135):
Vanilla ice cream can be flavored with up toone ounce of synthetic vanillin per unit of vanilla extract. This is a natural and artificial product and labeled vanilla flavored Ice cream.
Category III (21CFR-135):
Ice cream contains predominantly or exclusively an artificial vanilla flavoring that includes primary synthetic vanillin. This product must be labeled Artificially flavored or Artificial vanilla.

VANILLA PRODUCTS:

Vanilla Beans: Vanilla beans are identified as the properly cured and dried fruit-pods of Vanilla planifolia in vanilla standard 21-CFR-169.3. Vanilla Extracts and Vanilla Powders: The reminder of the standard is involved with describing in general terms how the extract is made and what other ingredients can be used. It also defines other products related to pure vanilla extract (what constitutes them and how they can be labeled).
Vanilla extract (extracted with alcohol).
Vanilla flavoring (extracted with alcohol)
Concentrated vanilla flavoring (extracted with alcohol)
Vanilla powder (no alcohol is used)
Vanilla-Vanillin extract (extracted with alcohol)
Vanilla-Vanillin flavoring (extracted with alcohol)
Vanilla-Vanillin powder (Vanillin may be obtained with or without alcohol)

VANILLA WITHOUT ALCOHOL:

New Methods of Extractions: Modern methods of extraction are used such as supercritical carbon dioxide extraction and reverse osmosis for concentration. These methods produce useful products for industrial flavoring but they either fail to fit the regulatory requirements (alcohol extraction) for standard products, but they are expensive. These specialized products differ in solubility, flavor profile, and appearance but add to the list of natural vanilla flavoring available to food and beverages manufacturers.
Vanilla beans: Pure Vanilla beans (21CFR-169.3) are available for both food manufacturers for processed foods and common consumers for home bake products (McCormik brand of pure vanilla beans are available in supermarkets).
Vanilla Flavor: A vanilla flavor may be in fact being non-alcoholic but it has to be outside of standard of identity.
Vanilla Powder: This is a standard vanilla product (21CFR-169.179). Vanilla powder is a mixture of ground vanilla beans or vanilla oleoresin or both with one or more of the following optional blending ingredients (a) Sugars, (b) dextrose, (c) Lactose, (d) Food Starch, (e) dried corn syrup, (f) Gum acacia. Vanilla sugar is different from vanilla powder with sugar. Vanilla Sugar is made with sugar and vanilla extract and considered as Haram ingredient because of alcohol.
Vanilla-Vanillin Powder: This is the same, as vanilla powder but contains not more than one ounce of added vanillin. This is also a standard product (21CFR-169.182). But this product is Halal only if added vanillin is obtained from vanilla bean without alcohol.

Vanillin

LIGNIN VANILLIN VANILLA BEAN VANILLIN
(vanilla bean flavor component)

C8H8O3 Molecular weight: 152.16

HOW TO IDENTIFY HALAL VANILLA AND ARTIFICIAL VANILLIN IN A FOOD PRODUCT:
There are three steps, a Muslim can used to identify the Halal Vanilla and artificial vanillin in a food product.

ICE CREAM PRODUCTS WITHOUT VANILLA OR FLAVORS:

ISLAMIC SCHOLARS’ VIEW ON THIS TOPIC:

There are six type vinegar is used throughout the world. Distilled White or Grain or Spirit Vinegar: It is produced from the natural fermentation of dilute alcohol to vinegar. The vinegar is filtered and contains Natural mellow aroApple Cider Vinegar: It is produced from unprocessed apple juice and vinegar retains its natural amber color and fruity flavWine Vinegar: Wine vinegar is produced from Burgandy wine and other wines.It retains a ruby color and wine like flavor. It is used in Oil-Vinegar Dressing and gourmet cooking and condimentsCorn (Maize) sugar Vinegar: This type of vinegar is produced from corn sugar. Sugar is first converted to alcohol then alcohol is converted to acetic acid and water. It is also a amber color vinegar.

Vinegar

It is made by two successive microbial processes,

first being an alcoholic fermentation effected by yeasts and the
second an oxidation of alcohol by Acetobacter, a genus of aerobic bacteria.

Vinegar also contains small quantities of ash, sugars, phosphoric acid, alcohol, and glycerol.

Vinegar is made by two process;

The packed generator; and
Submerged fermentation system.

Air is used in both process.

Fermentation :

The fermentation of sugar into alcohol (ethanol) and which comprises the first step in manufacturing of vinegar using the yeast Saccharomyces sp, which proceeds as follow:

C6H12O6 ——-> 2C2H5OH + 2CO2 (sugar source) (Ethyl Alcohol) (Carbon Dioxide)

The second fermentation step requires the microorganism acetobacter (Bacterium aceti) and oxygen as indicated below:

2C2H5OH + 2O2 ———> 2CH3COOH + 2H2O (Ethyl Alcohol) (Oxygen) (Acetic Acid) (Water)

Note: Malt vinegar is used extensively in Britain, and wine vinegar in continental Europe.
Distilled white vinegar and cider vinegar is preferred in USA and Canada.

Types of Vinegar:

There are six types of vinegar used throughout the world.

Distilled White or Grain or Spirit Vinegar: It is produced from the natural fermentation of dilute alcohol to vinegar. The vinegar is filtered and contains Natural mellow aroma.
Apple Cider Vinegar: It is produced from unprocessed apple juice and vinegar retains its natural amber color and fruity flavor.
Wine Vinegar: Wine vinegar is produced from Burgandy wine and other wines. It retains a ruby color and wine like flavor. It is used in Oil-Vinegar Dressing and gourmet cooking and condiments.
Corn (Maize) sugar Vinegar: This type of vinegar is produced from corn sugar. Sugar is first converted to alcohol then alcohol is converted to acetic acid and water. It is also amber color vinegar.
Malt Vinegar: Malt vinegar is produced from the fermentation of malt to alcohol and then it is converted to vinegar.
Specialty Vinegar such as Balsamic Vinegar: Balsamic vinegar is produced in Modena Italy from white and sugary Trebbiano grapes with special labor intensive method to special flavor and aroma. There is possibility of left over wine in this vinegar.

Halal Status of vinegar:

There is a different of opinion among Hanafi and Shafi fiqah schools regarding vinegar.
There is also different of opinion among Islamic Scholars regarding wine vinegar. Since there is possibility of wine being not 100% converted to acetic acid and water. There is left over wine in the wine vinegar, we consider wine vinegar not a Halal vinegar. We recommend distilled white vinegar because it is made from dilute alcohol.

Please consult your sheik or Imam on this topic.

VITAMINS FORTIFIED MILK:

d. Now almost every dairy in USA is using Kosher certified vitamin mix, so the milk in USA and Canada is Halal.

Vanilla

All curing methods involve four basic phases:

Wilting or killing of the beans that stops the natural respiratory metabolism and vegetative life of the pod.
Sweating the wilted beans which involves a fairly rapid dehydration and slow fermentation. The characteristic flavor compounds develops here during which sugars, phenols, vanillin compound are developed by enzymatic and non-enzymatic reaction.
Drying of sweated beans at very slowly at a lower temperature to 20-25% moisture.
Conditioning of the dried beans in closed boxes for a few months where they finish the development of their characteristic fragrance.

Vanilla Standards: Vanilla extract is the only flavoring material with a US FDA standard of identity. It is included in the code of Federal Regulation (21CFR-169).

Vanilla Extraction and Ice Cream Standard: Vanilla standards was developed and promulgated concurrent and in close relation with Ice Cream Standard(21-CFR-135.110).

The labeling of Ice Cream is dependent on the type of flavoring used.

· Category I (21CFR-135):
Vanilla Ice Cream contains only pure vanilla components and no artificial flavors.

· Category II (21CFR-135):
Vanilla ice cream can be flavored with up to one ounce of synthetic vanillin per unit of vanilla extract. This is a natural and artificial product and labeled vanilla flavored Ice cream.

· Category III (21CFR-135):
Ice cream contains predominantly or exclusively an artificial vanilla flavoring that includes primary synthetic vanillin. This product must be labeled Artificially flavored or Artificial vanilla.

VANILLA PRODUCTS:

Vanilla Beans: Vanilla beans are identified as the properly cured and dried fruit-pods of Vanilla planifolia in vanilla standard 21-CFR-169.3. Vanilla Extracts and Vanilla Powders: The reminder of the standard is involved with describing in general terms how the extract is made and what other ingredients can be used. It also defines other products related to pure vanilla extract (what constitutes them and how they can be labeled).
Vanilla extract (extracted with alcohol).
Vanilla flavoring (extracted with alcohol)
Concentrated vanilla flavoring (extracted with alcohol)
Vanilla powder (no alcohol is used)
Vanilla-Vanillin extract (extracted with alcohol)
Vanilla-Vanillin flavoring (extracted with alcohol)
Vanilla-Vanillin powder (Vanillin may be obtained with or without alcohol)

VANILLA WITHOUT ALCOHOL:

New Methods of Extractions: Modern methods of extraction are used such as supercritical carbon dioxide extraction and reverse osmosis for concentration. These methods produce useful products for industrial flavoring but they either fail to fit the regulatory requirements (alcohol extraction) for standard products, but they are expensive. These specialized products differ in solubility, flavor profile, and appearance but add to the list of natural vanilla flavoring available to food and beverages manufacturers.
Vanilla beans: Pure Vanilla beans (21CFR-169.3) are available for both food manufacturers for processed foods and common consumers for home bake products (McCormik brand of pure vanilla beans are available in supermarkets).
Vanilla Flavor: A vanilla flavor may be in fact being non-alcoholic but it has to be outside of standard of identity.
Vanilla Powder: This is a standard vanilla product (21CFR-169.179). Vanilla powder is a mixture of ground vanilla beans or vanilla oleoresin or both with one or more of the following optional blending ingredients (a) Sugars, (b) dextrose, (c) Lactose, (d) Food Starch, (e) dried corn syrup, (f) Gum acacia. Vanilla sugar is different from vanilla powder with sugar. Vanilla Sugar is made with sugar and vanilla extract and considered as Haram ingredient because of alcohol.
Vanilla-Vanillin Powder: This is the same, as vanilla powder but contains not more than one ounce of added vanillin. This is also a standard product (21CFR-169.182). But this product is Halal only if added vanillin is obtained from vanilla bean without alcohol.

Vanillin

LIGNIN VANILLIN VANILLA BEAN VANILLIN
(vanilla bean flavor component)

C8H8O3 Molecular weight: 152.16

HALAL STATUS OF VANILLIN:
Artificial or synthetic vanillin does not contain alcohol and it is also Halal or Kosher certified. It is a Halal ingredient.
Artificial or synthetic vanillin is made with all Halal ingredients and Halal process without alcohol. Lignin which used to make the artificial vanillin is plant products which is Halal by nature. Only methane is used as a solvent which is a Halal solvent.

HOW TO IDENTIFY HALAL VANILLA AND ARTIFICIAL VANILLIN IN A FOOD PRODUCT:
There are three steps, a Muslim can used to identify the Halal Vanilla and artificial vanillin in a food product.

ICE CREAM PRODUCTS WITHOUT VANILLA OR FLAVORS:

ISLAMIC SCHOLARS’ VIEW ON THIS TOPIC:

Enmity and Jealousy

It is said in the Holy Quran,

( And do not desire in things in which Allah has given dignity (blessing) among you over others. For the Men Folk is what they earn and for the women is what they earn. Solicit blessing from Allah. Surely Allah is aware of all the things,. It is also in the Holy Quran I seek refuge from the evil of the Jealous when he is (bentyupon) doing **jealousy.

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*: Hazrat Miqdad (companion) says, The Holy Prophet (Allah’s grace and peace be upon him) has said that when you find some one exaggerating in praise for some one else, fill his mouth with dust. When he hard some one praising in excess, he said the man has broken the back of his friend. On other occasion when a man praised his friend (more than due) he said you have cut the throat of your brother, he repeated this three times to stress the point. When some one finds it necessary to praise some one he should not say as if with conviction. He should qualify his praise with expressions such as In my opinion, I thing so and so etc. The truth is known to Allh. The man should never claim conviction and fulness of knowledge.

**: The Holy Prophet (Allah’s grace and peace be upon him) has said Jealousy eats own (destroys) good things as the jungle fire eats away trees , branches, etc. And sadaqah eliminates vices as water puts off fire. He also said, Jealousy spoils Eimaan as ALOES spoils the honey. Further on jealously spoils back biting and saying are as away form me as I am from them. Muslim brother

EVIL OF TYRANNY

The Holy Prophet (Allah’s grace and peace be upon him) has said, “any one who owes money to some one, he must get it cleared (paid off) before the advent of the Day (of Judgement) when there shall be worldly riches to settle the account, but the good deeds in his account to pay off the debt (of the world) which (the deeds) shall be given to the other man. If there is no deed or his deed fall short the evil deed of other man shall be dumped in his balance (to make his own evil deeds heavier and lighter of the other man). He once asked his companion, do you know who is poor. They said they regard the amn as poor who has no money in his possession. He said, In my Ummah the poor is one who comes with plenty of good deeds by way of prayers, fasting etc. but he had also abused some once usurped money and shed blood in the world. In order to settle his accounts his good deeds shall be transferred to those who right be he usurped. IF his good deed fall short the evil deeds of the affected person shall be thrust in his balance and he will be condemned to remain in hell for ever.

He has also siad, Any one who endeavours to seek Pleasure of Allah at the cost of displeasure of the people, Allah will suffice him from the evils of people. But if any one who tires to please people at the cost of the displeasure of Allah, Allah will entrust him with the people who will deal with him as they like (Allah’s protection and safeguard will not be available to him) He also siad, The most wretched man on the Day of Judgment shall be one for the sake of worldly betterments of others, spoiled his own fortunes for the Day of the Judgment.

He has further said, Protect your self from the curse and imprecation of an oppressed amn because when he will demand his rights, Allah does not deny any rightful man of his rights (even in the world).

ANGER AND PRIDE

The Holy Prophet (Allah’s grace and peace be upon him) has said, Anger spoils the Eiman as ELWA (ALOES) spoils the honey. He also said, he who protect (safeguard) his tongue (from evil) Allah will cover his blemishes, and one who checks his anger, Allah will withhold His Punishment and one who seeks pardon (forgiveness) from Allah, He will grant him pardon! He has further said, Anger comes from satan and satan was created from fire, there fore when one is overtaken by anger, he should make

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Continue**: should keep themselves away form mutual jealousy, enmity and back biting. He has said “Allah on the night of 15th of shaban send down special splendour on his chosen servants. Those who seek forgiveness them. those who seek Mercy He grants them Mercy but He leaves those alone who bear enmity against one another.” He also said “Twice in the week Monday and Thursday the deeds record of the people are presented before Allah. He forgives all except those who bear enmity against one other. He will not forgive them unless they mend their ways.

ablution (with water) as water puts off the fire. He has also said, When a man becomes, he should sit down, if he is standing. If the anger does not subside, he must he down flat on the ground.

The Holy Prophet (Allah’s grace and peace be upon him) speaking about the proud and the haughty people, the fact of these people will be that they will squeezed in the frames of ants but their faces will those man, there shall be all round curses on them, they will be dragged to the prison house of the hell, there shall be fire of the hell on them and they shall be made to drink the squeezed liquid of the hell dwellers. The final abode of the proud people is in the hell, according to the Holy Quran. He also said, “May I tell you about the people of the paradise? they are the people whom the unknowing and uninformed people of the world regard them as weak and resource less but they so near in the Presence of Allah that if they swear in the Name of Allah, Allah will grant them forthwith whatever they wish. He further said, “should I not in something of hell dwellers, they are hard cored, hard natured proud and haughty people (condemned and accursed from the inception of the universe with their arch devil satan). He also said, one who presents himself as meek and humble for the sake of Allah, Allah elevated him to great heights, thought the people of the world regard as small and of no consequence. And one how shows himself off as great and honourable before the people, Allah degrades and lowers him in status and he is looked down upon and disgraced in the eyes of those very people. The Holy Prophet (Allah’s grace and peace be upon him) has said that there are three things which procure Deliverance and there are things which lead to destruction. The things which promise deliverance are (10 Adopt Taqwa (fear of Allah) openly and secretly for the sake of Allah (2) Speak the truth in moments of joy and grief and (3) Adopt moderation in the days of affluence as well as in days of adversity. And the these things which lead to destructions are (1) Follow and pursue the evil desires and the path of evils (2) Slavery (object surrender) to stinginess and avarice.

SEVERANCE AND CUTTING OFF CONTACTS

The Holy Prophet (Allah’s grace and peace be upon him) has said, “It is permissible (advisable) for a man to abandon his brother for more than three days at a stretch, and better of the two is he who offer salam (greetings) first. The amn seeking reunion should offer salam three times. If still the other amn does not respond, the blame for it should be diverted to uncompromising companion. He also said, if a man abandons his brother (in faith) for over a year, it is as if he has killed him. If a man severs connection with his muslim for more than days and dies without re union, he will be hurled in the hell.

ETIQUETTES OF TREATMENT

The following verses of the Holy Quran illustrate the fundamental etiquettes of treatments and behaviour in respect of adherence to worship of Almighty Allah, obedience to Holy Prophet (Allah’s grace and peace be upon him) respect and service of parents, elders and other fellow beings in Islam and the society.

Those who break Allah’s convent after it is ratified and those who break what has ordered to be joined and do mischief on earth. These cause losses to themselves. (Baqarah II:verse 27)

And Your Lord has decreed that you worship none but Him and that you be kind to parents. Whether one or both of them attain in your life, say not to them a word of contempt and act of kindness lower to them the wing of humility and say My Lord bestow on them Your Mercy even as they cherished me in childhoods.
(Bani Israel:verse 23-24)

The grand father of Bahaz bin Hakeem say, I asked the Holy Prophet (Allah’s grace and peace be upon him) O Prophet of Allah! with whom should I render service of humility and sympathy. He replied, With your mother. (the question was asked three times nad thrice the same answer was given> On the fourth occasion the answer was ‘With your father, then with those who are near to him and those near to them.

The Holy Prophet (Allah’s grace and peace be upon him) has said, ” The one rendering obligation after his father or in his absence with his friend. Hazrat Asma bin Abu Bak’r Siddique (May Allah be pleased with him) says ‘During the days when there was a path between the Holy Prophet (Allah’s grace and peace be upon him) adn the Quraish, my mother who was non-believer, came to me. I asked the Holy Prophet (Allah’s grace and peace be upon him) what treatment should I render to her who is not in the fold of Islam? He replied, Treat her with kindness (and reverence due to a mother). This shows that even with non-believing parents, treatment should be according to their status as parents. He has siad, One of the major sins is to abuse one’s parents. The companions were surprised as to how and why so some one should abuses the father of another who abuses in return the father of the abuser (This is causing abuse to one’s own father!). This may be even with mother and other respectable relations. This was during the Day of Ignorance (Jahiliyah or pre-Islam).

It is shocking that now a day, the respect of the parents is on the decline not by others, but their own children.

He has also said, “The pleasure of Allah lies in the pleasures of the father, and the displeasure of Allah is hidden in the displeasure of the father.”

One man came to the companion Abul Durda and said that his mother is commanding him to divorce his wife and he did not know what to do. Hazrat Abul Durda replied, I have heard the Holy Prophet (Allah’s grace and peace be upon him) saying that mother is the middle door of the Paradise. Now it depends upon your pleasure to preserve and safeguard that door or destroy it”.

He has further said, ” Parents are the paradise and hell for the children, if they are kept pleased the reward is paradise and if they are displeased and teased the punishment of hell shall be their lot”. Further more he had said, ” One who begins his day on rising in the morning in a state that he had obeyed his parents the doors of Paradise is opened for him. And one who begins his morning in such a condition that he had disobeyed his parents, the doors of hell are opened for him since morning (which means in the hell throughout the day) and if there only one of the parents, then only one door of hell is opened since morning.” A companion asked if the parents tyrannize him that is, if they behave like tyrants, He said, even though they tyrannize, even though they tyrannize, even though they tyrannize (three times).

The Holy Prophet (Allah’s grace and peace be upon him) has said, ” When the children look at their parents with love and tenderness, Almighty Allah for every look of theirs grants the reward of one Hajj-e-Mabrur.” People asked him, even if they look at 100 times a day? He said, “Allah is Great and Generous, He has Power over everything. He is free from limitations which may restrict His Benevolence and Blessing. One companion come to the Holy Prophet (Allah’s grace and peace be upon him) and said that he desired to go on Jihad (crusade) and fighten in the way of Allah, He asked him if his mother was alive. The companion replied she was there (alive). The Holy Prophet (Allah’s grace and peace be upon him) commanded him to go and serve (obediently and zealously) his mother. This paradise lies near the feet of the mother.

He has said that, mannan (who renders an act of kindness) who puts and displays, obligation of his deed on others the one who disobeys his parents and the habitual drunkard will not be admitted in the paradise (i.e. their abode is hell!).

He advised another companion who wanted to know how he could serve his parents who are no more alive, he told him he should pray to Allah for their forgiveness, fulfill the promises (contracts etc) his parents had with others, tread kindly those relations who were treated likewise by his parents, give due honour and respect to their friend etc.He said the treatment of elder brother to his younger brother is like the father to his son.

As for the maintenance of mutual relations the Divine Dispensation is that who joined and keep it intact Allah also keep him (safe and)intact, and one who severs it. Allah also shatters and keep him disjointed.

He also said “One who desires munificence in his livelihood and prolong his age, he should behave kindly and affectionately with his kins. There is also the mention of protection against a wretched death and the Prophet advise for constancy in praying for forgiveness from Almighty Allah.

He also said, The best modes of moral conducts are, `Try to keep contact with him who dissociates with you’, `Forgive him who oppresses you’, `One who desires that his age may prolong and there be increase in his livelihood he should behave affectionately with his kith and kin. (Sila-e-Rahmi).

PROBLEM:- `Sila-e-Rahmi’, stands for joined adn (steadfastly) maintaining the blood relations, by kind and affectionate treatment. There is consensus in the Ummah that Sila-e-Rahmi (maintaining blood relation by good and benevolent treatment) is wajib and Qata-e-Rami (cutting off, severance of blood relations by bad or oppressive treatment) is Haram.

There are different grades among the relations who come within the purview of Sila-e-Rahmi (also called Zawil Qurba, having close relationship) and the treatment towards them varies according to their status. The status of the parents among worldly relations, is supreme most, after them the blood relation and after them, all other family relations (as distinct from formal and spoken relations).

PROBLEM:- There are many ways to treat and affectionately deal with the blood relations, namely (10 give them gifts and presents (2) to help and accomplish their work and necessity in which your help is sought (3) to wish them well adn often visit them at home, sit and converse with on matters of mutual interest and welfare, and behave with them in kind and pleasant manner.

PROBLEM:- If this relation is staying in another locality country to maintain correspondence contact with him and enquire about his progress and personal well being etc. This and other friends modes of treatment will ever keep the relationship fresh and progressive.

PROBLEM:- If the man himself is staying in a foreign country and his parent call him home he should fulfill there wish by personally coming down to them cool their eyes and warm up their affectionate treatment.

After the father the next relations deserving benevolent treatment are the grand father and the elder brother. Elder brother is a kin to father, elder sister and khala (mother’s sister) one next to mothers place. Some scholars regard uncle next to father.

PROBLEM:- The relationship and mutual understanding must be kept alive by frequent to and for visit or by maintaining correspondence among them. Exchange of gifts and presents will also strengthen the bonds of relationship.

PROBLEM:- It is reported in the hadees sharif that through sila-e-rahmi (maintaining the ties of relationship by all possible means) the age span expands which means longivity, and there is abundance in livelihood. Some scholars are of the opinion that by longivity is not meant the span of life beyond the destined person of life (which is not subject to change in life years in the world but they opine that after death the reward of good deeds increase which in other words means that the man is still alive and progressing (spiritually and non-sensationally of course!) or it means that after death his mention among the ahl-e-khair (people of good deeds, maintained).

AFFECTION ON OFFSPRING AND MERCY TOWARDS ORPHANS

The Holy Prophet (Allah’s grace and peace be upon him) has said, “One who makes an orphan on equal partner in his sinner, Allah will make the Paradise as an essential (wajib) reward for him, except when he has not committed a major sin for which there is no forgiveness.” And any one takes three girls or three sister under his patronage, gives them good education and treat them affectionately, till they become self earning and no longer need the patronage of their guardian, then ALLAH will make Paradise wajib, (an essential reward) for him. In that meeting he confirmed that Allah will bestow the some reward for a man who patronizes two girls/sisters. If the Holy Prophet (Allah’s grace and peace be upon him) was asked about one girl, he would have given the same reply.

He said, The man whose two dignified organs (Kareematain) have been taken away by the Providence, for him Paradise is wajib (a must reward). Explaining Kareematain (two dignified organs) he said “Two Eyes”.

The Holy Prophet (Allah’s grace and peace be upon him) once asked his companions should I not tell you what the most blissful sadaqah is? (He said) The sadaqah (charitable deed) which he offers for that daughter of his who has come back to him, meaning thereby that either her husband is dead, or he has been divorced and as such has come back to her father there is no one else to support and look after her.

He said, `None should bury his daughter alive, nor insult and disgrace her nor give preference to his male children over her Allah will grant him Paradise.’ He also said, ` Any one how teaches one aspect of good manner, it is better than one sa’a of sadaqah.’ He also said, “there is no other gift, for a father to give to his children more valuable and precious than to teach manners to his children. Some more Ahadees in this respect are summarized below,

“Give respect and honour to your children and teach them excellent moral behaviours.”

“Distribute equally between your children. If I were to give preference I would give it to girls (daughter).”

“Observe justice (and fair play) in whatever you give to your children if you expect that they should also be fair and just in rendering service and kindness to you.”

“Allah likes that you observe justice in your treatment towards your children even while kissing them (out of fondness and afection).”

“One who supports an orphan (of his family or others) he and I will be in the Paradise so close as the two joining fingers are.”

” One who passes his hand over the head of an orphan for the pleasure of Allah, Allah will give him for each hair that comes below his hand. And one who does any deed of benevolence out of affection with any orphan boy or orphan girl, I and he will be in the Paradise so close as the two adjoining fingers of a hand. Whenever he passes his hand over the head of an orphan boy the movement of his hand should be from backward to forward (neck to forehead) while doing so for his own son (or any boy of the family or else’s), other than orphan, the movement of the hand towards the neck (forehead to neck).

RIGHTS OF NEIGHBOURS

The Holy Quran says,

(” Ser ALLAH and join not any partners with Him, And do good to parents, kinsfolk, orphans, those in need neighbours who are near neighbours who are strangers, the companion by your side, the way fares and what your hand possess, for Allah loves not the arrogant the vainglorious.”)

The Holy Prophet (Allah’s grace and peace be upon him) has said “BY Allah! he is not Momin, which the companions requested him to say who that person was”, he replied, “the man from whose repressive treatments his neighbours are not safe.”

He said, “the man will not enter the Paradise at whose hands are not in peace.”

He said, “The man who believes in Allah and the Last Day (Day of Judgment), should treat his neighbours with dignity and honour.”

Hazrat Abdullah bin Mas’ood has reported that Once a man come and asked the Holy Prophet (Allah’s grace and peace be upon him) how can he know whether the deed done by him was it good or otherwise? The Holy Prophet (Allah’s grace and peace be upon him) replied, `When you hear your neighbours that you ahve done good, the deed is good. Similarly, when you hear your neighbours saying you have done wrong (bad) it is so.’

He has said, “Momin is not that man who eats full stomach while his neighbour nearby lies hungry.”

He has said, “Whenever some one cooks (tasty) thing, he should increase the broth whereby he can serve his neighbour.”

“A woman who is very excessively performing religious dues of prayers (salat), fasting etc, but due to her sharp and abusive tongue her neighbours are not in peace”, The Holy Prophet (Allah’s grace and peace be upon him) said about that woman `she is in hell’ (she is destined to go to hell). Likewise about a woman who was said to be less devoted to religious acts but she behaved with her neighbours kindly and co-operatively, the Holy Prophet (Allah’s grace and peace be upon him) said, “she is in Paradise.” (i.e. her destination on the Day of Judgement Paradise and Allah’s Pleasure).

He has said, “Allah has distributed good moral conduct among you as He has distributed the means of sustenance, He bestows the word to one who is dear to Him as also to him whom He does not admire. But the Deen (The straight Path) of Religion only to the person who is beloved in His Presence. Therefore the amn who is blessed with the Blessings of Religion (Deen) is also Dear to Allah as His chosen servant. I swear in the Name of One in Whose Hand is my sour, a man can not he a (true) Musalman unless his heart and tongue are also not Musalman, (testify the Eimaan and Islam by his thoughts and utterances.) and so long as his neighbours are not in piece at his hands.”

He has said, “For a Muslim it is a matter of worldly blessing if he has a pious and virtuous neighbour, spacious house to live and comfortable means of transport. And do you know what are the rights of your neighbour towards you. There are, “You should help him when he asks you,

Lend him money when he request you.

You should attend to him when he become ill.

Congratulate him when something lucky and pleasing come to him.

Console and pacify him when he is in distress.

Attend to his funeral when he dies.

Do not raise your walls higher than his without his consent.

Give him no trouble, rather give him something lasty from your cooked stuff.

When you buy fruits present him something from it or else bring them in your home without his knowledge.

Continuing stress of the rights due to the neighbours, the Holy Prophet (Allah’s grace and peace be upon him) said, In the name of One in whose hand is my soul, there are very few people who are aware of the right of the neighbours and fulfill their. These are the people whom Allah has blessed. The Holy Prophet (Allah’s grace and peace be upon him) stressed the rights of the neighbour so much that the people thought the Holy Prophet (Allah’s grace and peace be upon him) would make them the sharers in the inheritance of their property. Then he said, “Neighbours are of three kinds, some have two rights towards their people and some have only one right. The neighbour who is Muslim and is also a relation, he has three rights (1) The right of Relationship. The Muslim neighbour has two rights namely (1) the right of neighborhood. The companions asked the Holy Prophet (Allah’s grace and peace be upon him) if they should offer them any thing from their sacrifices, he replied that `nothing need he given to him’.

PROBLEM:- If by going up the roof and terrace if the privacy of the neighbour is violated, then either the walls of one’s house should be raised so that there may not be any complaint in this behalf , alternatively going up the terrace may be discarded for the sake of the neighbours convenience.

KINDNESS TOWARDS THE PEOPLE

It is said in the Holy Quran,

(Help and co-operate with one another in matters of goodness and righteousness and do not help any in matters of evil and transgression.)

The Holy Prophet (Allah’s grace and peace be upon him) also said, Allah does not show Mercy to those who show no sympathy and kindness towards the people.

Summary of more Ahadees in this connection is given below,

The Holy Prophet (Allah’s grace and peace be upon him) has said, That man is not in our fold how is not kindly disposed towards the youngster and does not show respect and reverence to the elders does not inspire for doing good and avoiding the evil. It is reported through Hazrat Anas, if the young man accords respect to an elderly man in consideration of his age then Allah will depute men to show honour to that young man when he reaches that advance age.

The Holy Prophet (Allah’s grace and peace be upon him) has said, When (a kind hearted man) of my Ummah fulfills the necessities of a Muslim brother with intentions to please him, he pleases me. And one who pleases me, he pleases Allah Who will admit him in the Paradise.

He said, Any one who does justice to an oppressed men Allah will reward him with seventy three forgiveness, only one which shall be enough to fulfill all his ambitious and the remaining seventy two forgiveness will cause enhancement of his on the Day of Judgment to that extent.

He said, All Momins are like a unified one person, If an eye pains him, the entire body suffers and feels the pain, Similarly the ailment in the head (or any other part) becomes the ailment of the whole body.

He said, A Momin is like another Momins edifice, one part of it strengthens and solidifies the edifice of the other. The he joined two fingers of his hand to show how two fingers when joined together become source of strength, moralizing thereby that Muslims should remain united providing strength to one another.

He said, A Momin is another Momins brother. He should neither oppress him nor leave him at the mercy of others and one who engages himself to fulfill necessities of another man Allah engages Himself to solve that man problems and difficulties.

He said, Any one who removes one pain from the pains of other man, Allah on the Day of Judgment, will remove one calamity from the calamities of that Day. And one who covers and hides the evil of his Muslim brother, Allah will cover his blemishes on the Day of Judgment.

He said, A Momin is not a Momin unless he likes (and provides) for his brother what he likes for himself.

He said, Give treatment to other according to their status and dignity. It is hard to have a single grade of treatment for all and sundry. However cares should be taken that in treating people differently, no insult and humility should be caused to nay one.

He said, All the creatures (People at large) are like the member of Divine Family and the dearest among them is he who renders self service to others (of the members).

He said, Where you be fear Allah all the time. It an evil deed is committed, offset it by doing an act of goodness. The good deed will effect and eliminate the effects of the evil deed.

PRETENCE AND EXPECTING FALSE PRAISE

The exact words mentioned as sub-head line of this subject are “RIYA” which stands for Hypocrisy, preference or out word display of some permissible deed or deeds to establish some pretended sincerity and honesty while the real facts are just the opposite.

The others word of the caption is “SUMAH” derived from the Arabic root word sumah (to hear). here the intentions is that people may hear about of the deed without seeing and knowing personally and praise the does of the good deed. The purpose in this case is the hypocritical ambition of listening praise from the people who are unaware of the real facts, in that the doer is hungry of self praise.

Both these traits are symptoms of hypocrisy, as the deed done are not honestly intented nor sincerely performed. Obviously these deeds of goodness in themselves do not fetch the promised reward, on the contrary the become source of punishment from Allah.

It is said in the Holy Quran,

(O believers! do not falsify (render useless) your deeds of charity through expecting praise and causing trouble, like the man who spend his money just to show to the people.) It is further said,

(One who hopes to meet his Lord sustainer (Allah), he should perform deeds of Goodness and not associate any one in the worship of his One Allah, the Lord Sustainer. (The learned scholars are of the opinion that this verse is by way of forbidding hypocrisy – Riya).

At another place it is said in the Holy Quran castigating those who are neglectful of their prayer and when they offer prayer (salat) it is to show to the people.

Curse on those offerers of salat who are negligent (sloth) in their prayer and which they offer to show to the people and who refuse to lent for the time being even small things of daily use. It is also said.

The Holy Prophet (Allah’s grace and peace be upon him) has said that Allah does not look at your faces your wealth, He looks towards your heart and your deeds.

He also said, One who does a good thing so that people hear about it, Allah will make (his punishment) to be heard adn one who does a good thing as a pretense, he will suffer too his pretense (in which case good deeds become unrewarding).

He further said, Even a minute part of hypocrisy is Shirk (denying Tauheed). Among the servants of Allah the most beloved ones are those who hide themselves from the general people such that if they intend to be unidentified, people can not recognize them, and if they give evidence (in the open) they still remain unrecognized. They are the leaders (Imams) of the guidance (Hidayat) and Bright Lamps of knowledge.

He was once heard saying, One who offers with “riya” (to show to the people and not with devotion), he commits shirk (unbelief and associating some else with Allah), And one who keeps fast with “riya” he (too) is guilty of shirk, And one who offers sadaqah with `riya’j he also commits shirk.

The Holy Prophet (Allah’s grace and peace be upon him) has said, I apprehend my Ummah clandestine shirk and lust. When companion asked him if people commit shirk after him, he said `yes’ but they will not worship, the sun, the moon, the stone-god and idols, but they will commit hypocrisy in their deeds the hidden lust or passion means that in the morning the man will keep the fast but under some (impulsive) desire, he will break the fast (before schedule).

He said, On the Day of Judgment, the first man whose case shall be decided the `shaheed’ (martyr). He will be presented before Almighty Allah Who will ask him about His Bounties, which he will admit. He will be asked, how he repaid the bounties the man will say that he fought in His (Allah) Way and was martyred Allah will chastise him and say, You are liar, you fought so that people may call you brave, which they did. (indicating that what he desired, he got!). The man will then be asked to be dragged on his face and thrust in the hell. Then another man will be called for accountability this man had learnt and taught the Holy Quran. He will be asked about the bounties of the Providence which he will name as having been benefited by them. He will be asked as to how he repaid these Divine Bounties. He will say that he secured knowledge, learnt and taught the Holy Quran for His Pleasure. He will be condemned as a liar because he secured knowledge and taught Quran so that the people may praise him, praise him, which he was acclaimed and thus got what he wanted. He will be dragged to the hell like the Shaheed before.

Thereafter the third man who was blessed with plenty of riches and luxuries of every description. He will be asked how he repaid the Bounties of Allah. He will also claim that he spent his wealth to the cause of Allah. He will declared as a liar or because he spent his money on luxuries and whatever he gave to the poor and the needy, it was merely an act of pretense. Like the earlier men he will be dragged to the hell as a punishment for his hypocrisy.

The Holy Prophet (Allah’s grace and peace be upon him) has said, One whose desires (and deeds) are directed for the deliverance and success in the Hereafter, Allah will bless him with the quality of self-sufficiency (self-sufficiency or Istighna), fulfill all his desires and the world will come unto him in an object slavish manner (begging his favour). And the man who sole ambition is to indulge in the world and its affairs, poverty adn paincity will become his fortune, his ambitions and affairs shall be shattered (far from being fulfilled!). He will get (not according to his desires) but whatever he is destined to get. Hazrat Abu Hurairah once went to the Holy Prophet (Allah’s grace and peace be upon him) and reported that one day he was offering prayer inside his house when a man suddenly appeared before and saw Hazrat Abu Hurairah in this condition. He felt pleasure that he was seen in this condition. He asked the Holy Prophet (Allah’s grace and peace be upon him) if it was not riya (pretense). He informed Abu Hurairah that he was twice blessed, for offering prayer secretly as well as openly. Engagement in prayer is exclusively for Almighty Allah and should be offered will all sincerity for this exclusive aim. If on being seen by the people (unintentionally) creates a feeling of delight, it is as a natural impulse which has nothing to do with riya (pretense or hypocrisy).

It can be said that the reward (or punishment) for any good deed depends up on the sincerity and honesty of he intention or Niyat. Anything of self pleasure through praise by the people or gaining popularity which cause self-elation all there amount to Riya (pretense) or sunn’ah (bearing of own’s praise and the pleasure by) and their requital in the Hereafter is hell, as we have in the aforesaid Hadees in which the fated of self-styled martyr, the religious scholar and the man of resources all of whom pretended to perform deed of virtues through means at their disposal and were ultimately dragged to hell, there eternal abode.

PROBLEM:- It is better to perform deed of goodness in such a way that there should not be any trace of self-praise or self-elation. And if one asks about it, the answer should be plainly affirmative without mincing words. If an attempt is made to hide the fact in a way that the secret comes out, then it amounts to riya or pretense.

There are states of Riya (pretense) (1) Some time the pretender does this mischief with the real modes of worship. For example, He offers namaz, when he is sure that people are looking at him. If no man is not there to look at him, even when the time of prayers is running, he will not offer namaz, this is the kind perfect Riya (Hypocrisy) and there is no reward for such a worship.

The second state of Riya is that there is no riya in the mode of worship itself. Whether there is any one or not to witness his worship, but the difference lies in the quality of worship which becomes evident when some one else is with or near and when there is none near about. Obviously, this is a riya of a lessor grade. Why should there be any difference in the quality of performance of good deed? The soul or essence of the deed should be criterion and not the presence or absence of men around.

PROBLEM:- IF a man is keeping fast, he should hide or waver to admit this fact when some one him about this? Some time people shy to admit when they are in the midst of non-observers of fasting who at times make fun of simple natural Momin in the modern society where religion is looked down upon as a secondary aspect of life.

PROBLEM:- People demand or receive money for reciting Holy Quran for the Eisal-e-Sawab of a deceased or some fixed occasions. This is a type of Riya. If the money is not given he does not recite the Holy Quran. Reciting Quran with a wage does no good to the reciter or the one who invites him for this purpose. In such a situation the fate of the deceased hangs in balance! He is benefited only when some person recites the Holy Quran purely for the soul of the deceased with no ulterior or monetary behind.

PROBLEM:- When a person goes on Haj carrying some goods, articles of sale. Obviously his pilgrimage to the Holy Land has twin purposes (1) performing Haj and (2) sale of goods to earn benefits which is permissible under Shariat Laws. He motives and preference between the two purpose will decide which reward is his lot. If the basic intentions is (and it should be so) to perform Haj with single minded devotion so that it may be rewarded in the Presence of Allah, and do the business if any time is available during free times during Haj or better still, after the Haj. This will fetch him both the rewards of the Deen and the dunya. If, unfortunately his primary intentions is to earn profits through business and perform haj a secondary issue, then he is doomed to be cursed. The worldly benefit (profit) will not last long, but his loss in both the world will be eternal.

PROBLEM:- There is no Riya or show off pretense in the performance of Farz parts of the worship[. The Farz segment of the worship[p, performed even will Riya shall be taken as having been attended. It is however a separate issue if it is accepted or not. If there fore when the Farz is compulsorily to be performed, then why do this with sincerity and with out pretense or riya.

EISAL-E-SAWAB

PROBLEM:- Eisal-e-Sawab means to convey the blessings of the Recitation of the Holy Quran, Durud Sharif, and other recites and prayers etc to the souls of the deceased Momin men and women so that they may be blessed with Divine Grace and Mercy in the spiritual universe, where they stationed after their death. The modes of Eisal-e-Sawab may also be practical deeds carrying eternal reward. This is permissible and to call it `bidat’ or something of this kind is cruel. It is also proved by the Ahadees of the Holy Prophet (Allah’s grace and peace be upon him) beside some of authentic religious Books written by eminent scholars of Islam.

It is reported that when the mother of Hazrat Sa’ad died, he came to the Holy Prophet (Allah’s grace and peace be upon him) and asked what sadaqah is most blissful. He replied “Water”. Hazrat Sa’ad dug and constructed a well of sweet water and dedicated to his mother. This indicates that good and beneficial deeds by the living carry (eternal) blessing for the should of the deceased. This is what is known as sadaqah-e-jariya. (The deed of charity carrying eternal recurring blessing). There are many such deeds which come within the purview of sadaqah-e-jariya, for details learned scholars and relevant books may be consulted.

There are many customs and ceremonies adopted for the Eisal-e-Sawab. There are no fixed days and processes of this purpose. The fundamental point to be kept in mind that every thing done should be with honest and pure intention without any semblance of personal status. The Eisal-e-Sawab is meant and dedicated the souls of the deceased. It is there fore imperative that whatever is conveyed must be genuinely pure worth approval of Divine Grace and Mercy.

ASSEMBLIES OF DIVINE BLESSINGS

PROBLEM:- Meelad Sharif (celebration of the Birthday) of the Holy Prophet (Allah’s grace and peace be upon him) is not only permissible but also it is the fountain head of spiritual and mundane blessings. To celebrate this most auspicious day of the year, meetings, assemblies, conventions, seminars adn public meetings are held in open grounds, or within the four walls of mosques and houses. In these gathering the special features of life history and Prophetic Accomplishments of the Holy Prophet (Allah’s grace and peace be upon him) are mentioned with due dignity and veneration by learned scholars and religious leaders which people listen with devoted attention.
In the Majlis-e-Milad are ritual are faithfully observed and there is no room for any objection or criticism about. It is the revential Love, Affections and Devotions towards the Holy Prophet (Allah’s grace and peace be upon him) that is the prime motive for holding such spiritual gathering. Distribution of street etc is also one of the features of these gathering.
In these majalis at the time when auspicious moment of the Birth of the Holy Prophet (Allah’s grace and peace be upon him) is mentioned during the course of speeches etc. the entire audience stands up as a mark of respect of devoted homage to the greatest Benefactor of mankind Hazrat Muhammad Mustafa (Sallallaho Aliai Wa Sallam). This is perfectly justified rather it is source of blessing for all the participants. AT that auspicious occasions recitation of Durud-o-Salaam and praised poetical renderings are also rehearsed. It is reported that in these auspicious assemblage some great devotees have been blessed with anguish visual presence of the Holy Prophet (Allah’s grace and peace be upon him) we commoners who can not and should not claim any spiritual perfection must respectfully accept this very very rare bestowment from the heavenly kingdom upon the chosen people bellow and through them the general aspirants of Divine Blessings.
In majlis-e-Milad Sharif and other religious gathering are organized to celebrate special occasion or personalities. For example, Majlis-e-Meraj Sharif, which as its name suggests, is celebrated the most unique auspicious in the history of the universe (both heaven and the earth) when the Holy Prophet (Allah’s grace and peace be upon him) went in the Journey of the heavenly universe on the Night of Ascension known as Meraj Sahrif. In those blissful assemblies the events of that Journey are narrated which inspire and invigorate the Emanic Impulses of the Momins.

PROBLEM:- Death Anniversaries of the Khulafa-e-Rashideen (May Allah be pleased with them) are also celebrated which also are permissible and must be regarded as occasions of remembrance of great achievements of these most revered personalities after the Holy Prophet (Allah’s grace and peace be upon him).

PROBLEM:- Holding of 10 Days Majlises in the month of Muharram is also valid in which the events of the Karbala are narrated to remind the Ummah that without the supreme sacrifice of the people of Ahle-e-Bait the survival and eternal permance of Islam would not have been possible because the forces of evil and corruption were greatly and perilously determined to out do Islam in those turbulent days of Islamic history.

(Note: Other details relating ceremonies, rituals, recitation of Marsias and other practices which are apparently un Islamic and have authentic reliable evidence in religious Books have been deliberately omitted. These details can be seen on pages 424 – 425 of the Book Published by Muslihuddin Publications, Memon Masjid, Muslihuddin Garden, Karachi).

MISCELLANEOUS

PROBLEM:- Among all the languages prevalent at the moment. The Arabic Language is the Most Perfect and Most Dignified. It is the language of the Holy Quran. This will also be enguage to be used among the Dwellers of Paradise. One who learned and teaches Arabic will be Divinely rewarded. It is essential for all the muslim to learn Arabic, so as to be able to comprehend Islamic Books especially the principles and details of Islamic Laws which are mostly in Arabic.

PROBLEM:- Moral stories and Fables can be studied, because they contain principles in the garb of intelligently intended fables which serve as useful guide lines for the conduct of problems of daily occurrence in the life.

OTHERS MISCELLANEOUS PROBLEMS

One who owes debts and refuses to repay then the creditor can take anything of equal value belonging to the debtor.

Speaking in a soft persuasive manner is a virtue, but it should not be mistaken as flattery.

Locust is a lawful bird, it can be killed for eating.

Bribery becomes permissible in exceptional circumstances, when there is danger to life and honour, when some immediate delicate issues depend on it, as an inducement for receiving one’s own dues.

Calling father (owner) by name is makrooh. Naming him as a matter of course amounts to degration, and as a show of familiarity which breeds contempt.

To wish own death and to pray for it is makrooh, especially when it is on account of excessive hardship. However in cases of increasing immorality and deviation from path of morality and guidance and there is fear of one’s involvement then death as an escape is desirable, even then it is better to pray for solidarity of Eiman to resist to evil rather that to submit the pressure and erare for death.

Plague as an epidemic is curse, but those are in the legion where plague has broken out should run away from there nor other should go there.

To call certain months and dates as bad omen is not correct. To take omen for and against in respect of anythings is not correct.

To rely on astronomy, astronomy or any occult science is forbidden.

Jan Mantar etc are mere superstitions.

Circumcision

Circumcision is sunnat, this is one of the marks of distinction between the Muslims and the Non-Muslim. It is reported that Hazrat Ibrahim (May Allah peace be upon him) had his circumcision at the age of 80 years.

PROBLEM:- Agewise the circumcision should be done between 7 and 12 years. Some scholars are of the view that circumcision may be carried out when the child is 7 days old. (Note: In the modern days of advance medical science, some have their children circumcised in the hospital when they 2 – 3 days old).

PROBLEM:- When circumcising a boy if the earmarked portion is cut more than half, it should be regarded as full operation. No fresh circumcision is necessary. It however, less than is cut their fresh operation is necessary.

PROBLEM:- Converts to Islam need circumcision. If the convert is of advance age and can not hear the pain etc of circumcision he need be compelled to have the same circumcision can be undertaken by any man who is experienced in this job.

PROBLEM:- Circumcision is the responsibility of the father of the son. If father is not alive, the child guardian there the grand father of the child then his nominee in the Will. It is not the responsibility of the maternal or paternal uncles (or their nominee). However if the child is under the guardianship of his uncles, then can be called upon the bear the responsibility.

PROBLEM:- There is no restriction to bore the ears of the women. In the days of the Holy Prophet (Allah’s grace and peace be upon him) women were allowed to have their ears bored.

PROBLEM:- Castrating men is haram, so is making them eunuchs. There is difference of opinion if horses should be castrated, however it is permissible other animals may be castrated if this yield meat of quality. He goats is very mischievous in this regard. If he is allowed to behave in his natural moods he becomes source of in convenience, Beside, the meat of an un castrated he goat/sheep or is definitely of a good standard both for eating or commercial purposes.

EMBELISHMEND / DECORATION

Hazrat Ayesha (May Allah bless her) has report that the Holy Prophet (Allah’s grace and peace be upon him) liked the fine scented perfumes and she used to apply these scent/perfumes on his clothes which at times shove brightly in his head and his beard. The Holy Prophet (Allah’s grace and peace be upon him) applied oil over his head and combed his beard. He has said that the man who has (enough)hairs, he must take care of them, wash them and apply oil and do combing. He has however forbidden combing the hair daily, the idea being that man should not waste time in self make up. He has advised to apply the collyrium of atmad stone as it brightens and enhances the vision and eyesight and cause growth of the eyelashes. The Holy Prophet (Allah’s grace and peace be upon him) had his own collyrium container. He used to apply collyrium each night with metal stick, three times in each eye.

PROBLEM:- It is haram a woman uses man’s hair as a lock of hair on head. There is curse reported in the Hadees for doing for both the woman who uses the lock and the woman who helps in this work. However it is permissible the plaif or lock of hair is made from black cloth straps or black thread, Similarly plucking the eye brows with pair of steel prongs for the purpose of beautification is also condemned in the Hadees Sharif.

PROBLEM:- Boring ears of girls is permissible, but doing so for boys is not permissible.

PROBLEM:- Use of Henna (Hina, myrtle leaves) for woman is permissible, it is an embellishment or thing of beauty. Girls can also use the henna, but to apply Henna to small children without any reason is not allowed.

PROBLEM:- Asmad stone collyrium is allowed, but to use black surma or lamp soot (kajal) for beauty or make up is impressible.

PROBLEM:- Hanging picture of man (and woman) and animals is not permissible. However paintings of scenes/scenario of holy places, spots of natural growths such as trees, mountain rivers together with monograms of letter etc all these as decorative pieces are permissible.

PROBLEM:- Use of black hair-dye is not permissible, but colouring the hair with Henna and Katam leaves (made as hair-dye) is permissible.

RIGHTFUL EARNING

There is a Hadees in the Bukhari Sharif, according to which the Holy Prophet (Allah’s grace and peace be upon him) has said that a time will come when the people will not bother about an earning/getting money being halal or haram, and no particular effort shall be made so secure the money from rightful and valid sources only, which is source of blessing the reward of which has also been promised in the Hereafter. As against this earning/getting money through haram and unlawful means is a curse, the source of disgrace and perpetual loss not only in this world but also in the Hereafter. May Allah save us from the clutches of this ignominy. Amin.

PROBLEM:- To earn by honest labour is compulsory (Farz) on a Muslim the amount of money as would meet the family expenses as are due upon him. including himself besides fulfilling conditions in the field of religious obligations. To earn more than the essential unavoidable expenses that arise from time to time as also to save something is welcome and appreciable from any points of view. If the parents are poor and unable to maintain themselves, then the responsibility of supporting and sustaining them through thick and thing of life would also become the bounded duty of the earing son(s) so that they may not feel themselves as destitute.

PROBLEM:- Some people sit down in the Mosques and Khanqas, calling themselves as Mutawakkils (Reliants on the Divinity for their sustenance etc) all this is mere self deception and avoiding the responsibility of earning and maintaining there life in a decent and praiseworthy manner. This is the essence of Islamic teachings which aim at guarding and enhancing the human dignity. To sit idle in places of worship (Masjids) and Remembrance of Allah (Khanqahs) in the hope that people would come and after them means of sustenances is the total negation of pristine Islamic teaching, it is below the dignity of persons who thoughtlessly indulge in such practice.

PROBLEM:- The best endeavour and the best earning is the wealth and other material good that come by as the spoils (mal-e-ghaminat) of Jehad or fighting in the way of Allah, But taking part in the jehad should not be with a view to plunder or get the money and the material of the opponents of Islam. After Jehad come in that as means of earning are business and trade agriculture (cultivation of land), industry and finally, craftsmanship which obviously includes all kinds of manual and intellectual labour, involving skill technical/mechanical know-how, of which there is no limit.

PROBLEM:- Spinning wheels (charkha) is the job of women folk, it is simply unbecoming of men of any grade and standing, not even in the name of any movement, as the movement of spinning wheel was very much in the news and practical demonstration in the sub-continent.

PROBLEM:- If the man who is known to be earning money through haram means ides leaving his legacy for his inheritors, it is the moral and religious obligation of these survivors to return the money which were unlawfully usurped, to the concerned persons, and if they are unknown, to give all the ill-gotten money in charity and sadaqah.

MAR BIL MARUF AND NIHI ANIL MUNKAR
(Commanding Good and Forbidding Evil)

ALMIGHTY ALLAH says in the Holy Quran, “There should be a group among you who should invited and command men to Goodness and pro habit and forbid them from Evil. These are the people who will attain prosperity”. (Surah Ale Imran: verse ).

In the Holy Prophet (Allah’s grace and peace be upon him) has also said, “If any one of you sees any evil, he should check it by hand (force) if he is capable, or forbid it through words of mouth and if he can not do so he should regard it as evil in his heart, and this is the last grade of Eiman”. He has also said, “I wear in the Name of One in Whose Hand is my life, either you (momins)shall command Good and forbid Evil or Allah’s Wrath will descend upon you, and if you will then pray (for Mercy), your prayer shall not be answered (and accepted)”.

He has also said that in a community where evil doing is rampant and the people, in spite of being capable to check it and yet do not do so, it is likely that Allah will soon send upon them the painful punishment. He further said, “Allah Shall not punish the entire community on account of the few evil doers among them, but when evil (and corruption) becomes common and the people, in spite of being capable, fail to check (and suppress) the evil then the entire will suffer punishment from Almighty Allah”.

He has also said, “The best Jihad is to tell the Truth (about tyranny and corruption) in the presence (on the mount) of the tyrant suttam (kind, head of the government)”.

PROBLEM:- If a man intends doing an evil but checks himself and refrains form committing it, there is no sin against him, on the contrary, he shall be rewarded for his having shunned the evil.

And if the man is determined to commit a sin and some how does do it, then for his determination he will have to suffer.

PROBLEM:- When some one seen doing single act, he should be persuaded politely to refrain form it, if this is not enough, he should rebuked and reprimanded with out resorting to abusing and filthy language. Finally mild preventive force without causing physical hurt may be used and his object of evil should be snatched from him.

PROBLEM:- There are possibilities in the way of “Amr bil Maruf” (commanding Good and “Nihi anil Munkar” (Forbidding Evil) and these should be care fully sorted before taking any action in this behalf.

(1) When it is definite that the people concerned will listen to persuasion and regain from continuing the evil then `Arm bil Maruf’ is obligatory and there should be no negligence in this regard.

(2) If it is feared that evil doers will not listen to the advice and instead, will react by offensive criticism an devon abusing then it is blissful not to proceed further

(3) If there is danger of counter reaction namely abuse fro abuse, physical attack leading to general disorder, then it is preferable not to invite trouble.

(4) If it is known that in case they resort to physical violence but this man will hold patience and tolerance in reply to their aggressive behaviour and continue his mission till they relent and repent and finally give up the evil. Then this man of strong faith and conviction shall be regarded and rewarded as a MUJAHID.

(5) When it felt that even/though they will not accept the invitation to shun the evil, but they will also not resort to physical violence nor even abuse, then it is open to the man to do what he deems fit. But preferable it is to tell the people again and again to refrain from the evil and concentrate on doing good.

PROBLEM:- If it is apprehended that the evil doers will ultimately kill the caller to the Goodness who sticks to his Mission in face of grave dangers which unfortunately proved to be true, then the man will not be blamed, because what he did was in the way of Allah and not for his personal interest. He will be acclaimed as `Shaheed’ and rewarded as such in this world as well as in the Hereafter.

KNOWLEDGE – LEARNING AND TEACHING

By the word knowledge or “Ilm” is not the sort of education which man has introduced in fields of his experience and intellectual pursuit. The word knowledge in this context is equated with the most common terminology “science” or sciences under various exclusive and specialised branches. There too are the brain work of human knowledge and experience though these sciences are also based on natural phenomenal working in the scheme of the Universe. But since the depth and insight of human Vision and Experience are limited and confined with the working or behaviour of human intellect they are, by and large, purely mundane or transient subject to development and decay, they can not be relied upon for the “Eternal” Benefit of mankind which may endure in the pursuit of Eternal Peace and tranquility both in this world and the “One To Follow” the Hereafter.

In the latter group of knowledge with which we are concerned is the exposition of Divine secrets which we can not achieve otherwise than the Holy Quran and the sunnah or the Ahadees of the Holy Prophet (Allah’s grace and peace be upon him). On these Divine ordained knowledge depends the success and Prosperity in the world as the Deliverance in the Hereafter. The Holy Quran has divided the human species into two branches, namely (1) those who know and (2) those who do not know. It is said,

(O Prophet! are those who have knowledge and those who ahve no knowledge equal? Surely those learn and remember who are men of wisdom. Many qualities and attributes of Ilm and knowledge have also been mentioned in may Ahadees of the Holy Prophet (Allah’s grace and peace be upon him). Some of these Ahadees are presented below,

Whom so ever Almighty Allah wishes prosperity and success, He bestows Understanding (and comprehension) of Deen on him, I distribute (and award) what Allah grants (among the chosen member of mankind).

He said, “The superior of a man with knowledge over a devotee in worship is like the superiority which I possess over you (people).”

He said, “Allah and His Angels and all creatures inhabiting the heavens and the earth (The Universe), even an ant in her clay hole and the fish (in the expose of sea water) pray for the prosperity (in all respects) of those who impart useful knowledge to people.”

He said, “A learned scholars of Deen possesses grater power than what one thousand (formal) worshipers exert on the devil (satan).”

He said, “A acquisition of knowledge is binding upon every muslim man and woman.”

He said, “One who keeps (impart) knowledge to a worthless fellow is like the man who adorn a swine with a garland knitted jewels and pearls”.

He said, “One who leaves home and goes in search of knowledge is in the Path of Allah till he returns home.”

Hazrat Ibn Abbas (may Allah be please with him) has said, “To receive or impart knowledge (even) for an hour at night is far more blissful that doing so for the whole night.”

The Holy Prophet (Allah’s grace and peace be upon him) has said, “The Ins (used by) of a learned scholar shall be weighed with the blood of a martyrs and will have dominance over it.”

The similitude of the learned scholars (of Deen) is that of the stars in the sky which guided the wayfarers in the land (dark forests etc) and in the vast expanse of the oceans (where the direction are very difficult to determine without the aid of scientific appliances).

He said, ” One who seeks knowledge and gets it he is twice blessed compared to the man who does not succeed in acquiring the desire knowledge and even then he is rewarded with one onward for his endeavours.

PROBLEM:- A young man with knowledge has preponderance over an aged but illiterate man and as such he should not be given less respect and recognition than that given to illiterate old man, “The right of a learned man over his un educated compatriot is the same as a teacher over his student(s). If the learned man leaves his seat temporarily the uneducated man has no right to occupy his seat (whatever his position other wise in the society).

PROBLEM:- The search and acquisition of knowledge with sincere and honest intentions is better than every kind of good deed, because the blessings of the knowledge benefit all and sundry, where as the benefits of good deed are restricted the man concerned only.

PROBLEM:- The teacher and the taught (student) should pay due regard to things used on acquiring knowledge, specially books manuscripts, monogram etc. Books should not be kept on the ground (earth) nor should the carried to places of answering calls of nature (lavatory, w.e. etc). Books should be handled with cleaned washed hands, preferably after coming out from private places.

PROBLEM:- Due respects should be paid to the teacher. If any thing wrongs to notice it should not be broadcast, that would lower the value of the teaches. To err is human and every one is liable to commit mistake some time or the other. This should be kept fresh in mind.

HALAL AND HARAM ANIMALS

It is difficult to describe the name and qualities of the animals which are halal or haram as a class or category or in terms of their habitat and habits. However some specific qualitier or nature can be stated here on account of which the defaults can be determined.

PROBLEM:- Animals with sharp nail like teeth with which they catch or kill their prey are as rule haram, for example, tiger, lion, jackal, fox, dog, , etc. However camel who has also teeth of this type is not haram because it does not hunt any animal (strangely camel can be described as a grazing animal!).

PROBLEM:- Birds which hunt their prey with sharp laws are also haram, for example hawk, eagle, nultures kite, etc. Animals living underneath clay/earth or in crevices are also haram, eg. rat, lizard, chameleon, snake, scorpion, crocodile, etc. Insect like lice, bug, fly, frog.

PROBLEM:- Domestic donkey and mule are haram wild donkey, is halal. About horse opinions differ. Some regard horse as an appliance of war/fight in jehad and opine that it race should not be subject to extinction. However, we read in Islamic history that Arabs often kill and roast their pet horse to feed emergency guests of caulk in their society.

PROBLEM:- Cow, buffalo sheep, goat, deer, antelope, stag, and rabbit are halal.

PROBLEM:- Partridge, quail, hen, pigeon, magpie, dove, ducks of all varieties, crane, etc are halal.

PROBLEM:- Tortoise (land or water) crow are haram which resembles crow is halal.

PROBLEM:- Among the sea creatures only fish is halal, but the fish which dies in the water and turns the other way is haram. Locust is also halal. Fish and locust without slaughtering are halal. There is a Hadees saying two dead corpse are halal namely fish and locust.

PROBLEM:- Fish dying on account of hot or cold water, in the net, contaminated water, kept in the ditch or narrow earthen pot (suffocation), in all these conditions which cause death, the fishes are halal.

PROBLEM:- About shrimp or prawn it is not clear whether it is halal or haram, some do not regard it is a variety of fish. There fore they prefer to avoid it.

PROBLEM:- Small fishes when fried or roasted without slitting the stomach are halal.

PROBLEM:- Cow, hen if it starts eating rotten bad smell in stuff which get into their stomach with the result that they emit bad smell should be tied down and kept away from eating rotten stinking stuff for some days and when they become free from bad smell, they can be eaten.

PROBLEM:- An uncastrated goat also smell stink because it drink urine. It flesh also stinks and should therefore be not eaten. usually these stinking goats are employed to copulate with she goat and produce your ones.

PROBLEM:- While being slaughtered if the animal runs away gets drowned and dies or dies in that condition for some other reason, it is halal as the cause of death is slaughtering and not drowning on falling.

PROBLEM:- A piece of flesh cut off from the body of the animal for example the fat from the chakki of lamp or lump of a camel is haram by itself. However if the animal is slaughtered then the animal as well as it piece of flesh both are halal.

PROBLEM:- When an arrow is host at an naimal and a piece of flesh flies off its, then if the animal survives in spite of piece of flesh torn of its body, then it is haram. If the head falls off and the naimal is slaughtered, then the animal as also its head can be eaten as halal.

PROBLEM:- IF a piece of cut off from the fish, this piece is halal and if the fish dies in the water on account of this slicing off its body, the fish is also halal.

PROBLEM:- The animal of which the flesh is not eaten, if it be slaughtered according to shariat rites, then its flesh fat and skin get purified except the swine whose every part un unclean (najis). If the fat etc of such animal is intended to be used externally, then it is better to slaughter the animal because in that condition its use will not render the clothes etc as dirty or impure.

RACING AND OTHER FESTIVAL ACTIVITIES

PROBLEM:- On the occasions of Eids, wedding ceremonies and other festivals, playing on (duffs) tambourines is permissible, provided the instrument is off simple make, without any additional ornaments which produce additional musical sounds of lyrical notes.

PROBLEM:- Blowing bytes to awaken the people during Ramzan nights or as an alarm to warn and inform general public on the arrival of any dignitary or occasions is also permissible, on this analogy the sounding of sirens (by the government) and trumpets on such like moments is also valid because this is not associated with any extravaganza display of riches or uncontrolled loud tonal music etc. The sounding of buzzers in big workshops and factories to inform the people of the beginning lunch interval or closure of working hours is also permissible, as it meant for the convenience of the worker and people at large.

PROBLEM:- Playing dice games such as chess, chaser and gajicah (local names of games) played by men in paris on the boards / thick painted clothes with dice or dots and other games are included in mirthful preoccupation and as such are forbidden. According to Hadees Sharif only three kinds of playful activities. (1) with one’s wife (2) Horse-riding and (3) Orchery.

PROBLEM:- Dancing, clapping, guitar (also sitar) harmonium, drum and musical instrument are forbidden to be played.

PROBLEM:- Now a day mehfils of Qawwali are held in which modern musical instruments are played along with the singing of songs, solo or in chorus. If these sitting are kept within reasonable limits without undue liberty of playing music with instrument, then there can be no objection to it. But when the audience willfully and with intentions of pure sentimental enjoyment indulge in clapping, singing and dancing in chorus and in company, then the very purpose and sanctity of these soul purifying and emotion, inspiring function/mehfils are killed and the occasions become sources of Displeasure of Allah and defiance of the commandment enunciated in the Ahadees of the Holy Prophet (Allah’s grace and peace be upon him). These to unbridled activities by unscrupulous people are what they call as HAAL (Ecstasy). This is a pure misnomer, as such a thins is never permitted in the commands of Shariat. No doubt in spiritual mehfils at times genuine ecstatic turned over bearing spiritual demonstration do take place in which high grade spiritual- leaders to driven to a state of self unconsciousness and in those entranced moment they stand up and engage themselves in slow rhythmic movements of their footsteps accompanied by swaying of their body or circling round endlessly, unless they themselves stop it too lie in a state of semi-consciousness. This happens when some poetic lines sung the Qawwali touch their subline spiritual chords and they are spiritually inspired and uplifted resulting in their afore said ecstatic semi-conscious behaviour which throws it own spiritual charms on the spell hound listener and spectators. Obviously there is a world of different between the two sets of demonstration by genuinely inspired spiritual leaders and those pseudo “Hall” ( ) players whose simple aim is to defame and discredit these spiritual gatherings and denounce the spiritual leaders.

PROBLEM:- To rear and trained pigeons is also becoming wide spread among the group of idlers and wasters of money in this gainless practice. It does no good to the pigeons either, on the contrary it is binding the free fliers in the serve atmospheres of he sky. More over the trainer and his accomplices climb the roofs or the house tops to train and supervise the movement of these bonded labouring pigeons ! This causes resentment among the veil observing families living around. Their privacy is disturbed as the roof climbers do not restrict themselves in pigeon fly, but among them so unscrupulous even do not feel ashamed in peeping a and prying in to house inmates who are disturbed in their movement even with in the four walls of their own hours and tenements!

PROBLEM:- Similarly staging cock fights, bull fights, buffalo fights are also forbidden. To witness and to participate in these animal fights which result invariably in bleedings and at time deaths of the poors, all are haram. Gambling and waging bets on these fights are among the major sins which the people concerned must give up forth with and seek forgiveness from Almighty Allah.

PROBLEM:- Wrestling bouts if one participates in them with the healthy inventive of developing muscular and physical vitality are not forbidden. If the intentions of taking part in wrestling are widened to serve the cause of Islam and to take part in Islamic Crusades (Jihad) against the enemies of Islam and Musalman, the these wrestlings shall become the source of Divine blessing which will bring fortunes in the mundane as well as in the spiritual world. The Holy Prophet (Allah’s grace and peace be upon him) also took part in wrestling. Once a non believer wrestler `RUKANA’ by name challenged him that if the Holy Prophet (Allah’s grace and peace be upon him) defeated him, he will embrace Islam where upon the Holy Prophet (Allah’s grace and peace be upon him) threw him three times on the floor and Rukana accepted Islam.

PROBLEM:- Doll making and doll playing among the girls are permissible. Ummul Mumineen Hazrat Ayesha (May Allah be pleased with her) often took part in playing will dolls with the girls though not in the presence of but within the knowledge the Holy Prophet (Allah’s grace and peace be upon him) and he never objected to it.

PROBLEM:- Competition or match (MUSABAQAT) to prove one’s excellence and efficiency in any healthy pursuit is permissible. The competitions which are approved from the Shariat point of view should be such as will intimately encourage participations in the crusades or Jihad against the enemies of Islam. The most popular and useful in this respect are the competitions in horse and camel racing, archery, aiming at the target with bullets in any weapon swords manship running in specified distances as a competition. Prizes in cash or kind (such as in the modern age awarding cups, shields, trophies etc by way of encouragement.

The idea behind all these competitions should be in addition to building one’s own standard it physical fitness and winning awards, the promotion of the cause of Islam and the betterment of humanity at large, luxuries and indulgence in immoral activities which we witness in almost all the social and cultural activities of the modern world are never approved and admired in Islam.

PROBLEM:- The prize or whatever is announced as a reward for the winner in any competition (or match) is his halal and pure due and must be given to him, but there is no legal right over it and the winner can not claim it in any court of law. Now a days the fields and number of competitions have increased beyond count. But the fundamental principle under each and every competition should be healthy endeavour to secure excellence and superiority of one competitor over the over or of one team against the other team in a collective manner. Whatever is held good and admirable for an individual is also good and admirable for the team or the combined group of competitors. The aim and object in every competition should be healthy and moral rivalry between the participants in the game or sport . open brazen display of immorality and ethical in decency should be avoided and kept at bay in any competition whatever it s nature, physical, cultural, intellectual, educational and social reform etc.

CURE AND OMEN INCLUDING SPELL, ENCHANTMENT

The Holy Prophet (Allah’s grace and peace be upon him) has said that disease and cure both are from Allah. He has provided medicine for every disease, but haram means of treatment or cure must be avoided. The Holy Prophet (Allah’s grace and peace by upon him) has also advised not to force or compel the patient to take the medicine as Allah feeds (provides cure for) the patient. He has also said that when the patient expresses desires for something (to eat) it should be given to him, however, the nature of the desire should be kept in view. If the desire is genuine then only it should be fulfilled. The patient should refrain from demanding and eating anything which under medical opinion are not useful during sickness. This point been illustrated by the following Hadees. Hazrat Umme Munzir has said that one day the Holy Prophet (Allah’s grace and peace be upon him) came to my home alongwith Hazrat Ali (May Allah brighten his visage) who was feeling weakness on account of his recent illness. In the courtyard of the house, bunches of dates were hanging. The Holy Prophet (Allah’s grace and peace be upon him) took and ate few dates from the bunch. Hazrat Ali also desired to eat them , but the Holy Prophet (Allah’s grace and peace upon him) checked him and said You are (suffering from) weak (ness). Later Umme Munzir brought the food cooked with barley and sugar beat. The Holy Prophet (Allah’s grace and peace be upon him) said to Hazrat Ali to eat of it, it is useful for you.

From this Hadees it is clear that a patient should be given the food which is good for him and not all that be desires.Some Ahadees of the Holy Prophet (Allah’s grace and peace be upon him),

“Incantation (jhar phoonk) is nothing but it is better than evil eye (nazar-e-bad) and stinging of poisonous insect.

The evil eye should be cured through incantation. The Holy Prophet (Allah’s grace and peace be upon him) has said jhar phoonk (incantation) can be used (as or cure) if it is free from shirk (associating any diety or power with Allah).

He has said contagion is nothing nor is there any disease contagious by itself. Similarly bed-omen and tamah are also nothing nor the month of safar contains ill effects. Run (keep off) from the leper as you run from the lion (out of fear).

It is reported that once a behaviour came to the Holy Prophet (Allah’s grace and peace be upon him) and asked, How is it O Prophet Allah! that or camel in the desert remains as clear and tidy as a dear, but a camel suffering from seabies (itch) it make the neat camel also seabies (or taken by itching). The Holy Prophet (Allah’s grace and peace be upon him) asked the bedouin as to who struck the diseased camel as such. The idea is that as the first camel was overtaken by the disease, was the other camel offer (due to contamination. The disease in itself is not contagious but the affected person (patient) is. Similarly the advice for keeping off the leper is to remove the cause of contagion. IF some others gets the disease he will blame other disease person, where as the fact that it is the disease that strikes the person He has said there is nothing like bad omen, where as Omen is a good thing. On being asked what is omen, he said, (By omen is meant) the auspicious (blissful) words which a person hears while going any where or beginning a new work. This is known as Ful-eHasan (good Omen).

He has said, To take omen from bird is shirk. (He repeated these words thrice) whosoever is from amongst us, he must reply upon Allah and on to his job (errand mission).

He said, Omen is a good thing and he should discard any (and every) thing of and omen. he must continue going on his mission even if a bad omen comes in his way. whenever he comes across a thing which undesirable, he should come back but proceed on his mission. On confronting an evil omen, he should recite,

(O Allah! none brings good things but You i.e. with Your (permission-power) and none removes evil but You i.e. with Your permission. There is nothing to encompass and there is no Power except Almighty Allah.)

The Holy Prophet (Allah’s grace and peace be upon him) has said, Plague is a sign of Allah punishment, with which Allah inflicts some of His servants. When you hear about plague at any place and when you go there where is the plague is do not run away from there.

He also said, Plague is a calamity, ALLAH descends it on whosoever desires ALLAH has made plague a source of Blessing for the Believers. The place where plague has broken out, if a person (believer!) stay there with patience and forbearance and fortitudes with the hope of Mercy from Allah believing and having full Faith that whatever Allah has written will happen for him is the reward of a Martyr (Shaheed).

PROBLEM:- Taking medicine for cure of the disease is necessary and permissible, with a belief that ALLAH will grant him recovery (and not the medicine) But if he thinks that the medicine will cure him, then this unjust (and sign of weakness of Faith).

PROBLEM:- To use any part (organ) of human body by way of medicine is haram. Dry bones without any tinge of dampness of slaughtered animals can be sued as medicine, but every part of the swine including its bones and hair is absolutely haram even for medicine. If the bones of any animal are to be sued as unedible medicine, then the animal should be a halal one. The bones of a dead animal can not be used as medicine.

PROBLEM:- The use of haram things or medicines is haram. According to Hadees there is no cure which endowed by Allah in things which are haram. Some books on medicine contain statements regarding the qualities of things of cure for certain diseases. If it is confirmed form such books that if some things which are known as medicine. However even in these things it is to be kept in mind that the cure (shifa) is not in that thing itself but is in the use in certain given circumstances, which may or may not prove effective. This bears analogy with haram things which are permitted to be used to save the life of a dying man. Foreign medicines which contain alcohol (liquour) should never be use.

PROBLEM:- If a man dies for not using any medicine can not be regarded a sinner. This means that seeking treatment through medicine is not obligatory. However is case o extreme hunger and thirst when food and drink is available, if amn dies without using them he will be considered sinner.

PROBLEM:- Use of liquor (alcohol) even for external or oral treatment is forbidden eg. for treating a wound on which liquor applied, or use of wine (brandy etc) for providing relief to infect and small children is also forbidden and the person using liquor in this way will be taken as sinner.

PROBLEM:- Enema can be given as a medicine provided the compound of medicines or the medicine itself does not contain anything haram, such as liquor (wine, alcohol).

PROBLEM:- Forced abortion is absolutely forbidden except in extreme circumstances in which the life of the expectant mother or its child or both are in grave danger. Even other wise abortion of a child with less than one hundreds and twenty day’s pregnancy is not permissible.

GOOD MORAL CONDUCT

The Holy Prophet (Allah’s grace and peace be upon him) has said, “Nothing better has been endowed to mankind them good moral character, and the man most perfect in Eimaan is one who bear excellent moral character, and good among you are those whose conduct is good”. He has also said, ” I have been sent (as a Prophet) to raise moral conduct to perfection (which means achieving accomplishment in moral conduct is the Mission of the Apostle of Allah).

PROBLEM:- It is reported in the Hadees suppresses one who anger despite having power to express it on his opponent, on the Day of Judgement will call him in form of all the people and tell him to go in any group of Paradise Hoors (and select the Paradise Virgin as a reward for suppressing his anger). In another Hadees it is said, ” Allah is Merciful and kind and loves kindness and affection. He lay stress on kindness and not on severity and harshness.

The Holy Prophet (Allah’s grace and peace be upon him) has said any one who is denied the traits of leniency and tolerance is denied of the virtue of Goodness.

He has also said, Shyness or (as a virtue) consists in Eiman and Eiman is in the Paradise and talking absurd is oppression (and injustice) the abode of this is in he’ll.

He also said, Eimaan and shyness are twins, when one is removed the other too disappears. It is reported one man telling about shyness (haya) and reprimanding him why he was so much observing Haya. One hearing this the Holy Prophet (Allah’s grace and peace be upon him) commanded to leave him alone (and not give him any advice), Haya (shyness as virtue) is in Paradise.

ADOPTING COMPANY OF THE GOOD PEOPLE AND AVOIDING EVIL DOERS

The Holy Prophet (Allah’s grace and peace be upon him) has said `Adopt company of none but of men of Eiman’. He also said, `Sit among the elders and learn things from the religious scholars (Ulema). The good friend is one who reminds remembrance of Allah when you forget and helps you when remember Him. The good companion in one whose visage revives you remembrance of Allah and his talks encourage you for doing goods and his activities remind you of the Day of Judgement. He said, `The example of a good and bad companion is a kin to a musk seller and the furnace bellower respectively. The former either will you something or the good smell will reach you (in his present), while the latter will either burn your clothes or the bad smell of the smoke will cause you extreme trouble.’

He also said, `Have no company with the person who does not recognize your worth, at least as much as you have regard for him, who expects fulfillment of his rights from you while he ignores his duty towards you.

Hazrat Umar (May Allah be pleased with him) has said, `do not indulge in things which are of no benefit to you, Keep off from your enemy and keep a distance from the friend who is also an ameen (trustee, keeper of things as a trust, amanat) no one can equal an ameen, who fears Allah most. Do not keep company with an unchaste and evil does having no regard for moral virtues, he will teach you his own evil doing and moral laxity, do not open your secrets before him, and consult your affairs only with those (trust worthy people) who fear Allah.

Hazrat Ali (May Allah brighten hi visage) has said, `do not keep company with an evil charactered man (Fajir), he will try to induce you (as something bright) with his behaviour and would very much like to soil You with his doings and present his worst deeds as best ones. His visits to you and to your kins is a matter of shame and grave fault. Also do no friendship with fools and crazy, he will cause you trouble and will not bring any benefit to you even if he tries to do so, his silence is better that speech, and distance better than nearness, death better than life, also do not keep company with liars, it will benefit you, he will carry your secrets to others and bring those of others to you. If you tell the truth he will stick to falsehood.

FRIENDSHIP AND ENMITY FOR THE SAKE OF ALLAH

The Holy Prophet (Allah’s grace and peace be upon him) has said that in respect of Eiman the strongest Bond with Allah is Friendship with Him, and the emotional links of love and Enmity should be with Allah. One day the Holy Prophet (Allah’s grace and peace be upon him) asked his companion if they knew what deed is most appreciated by Allah. Some one said, Namaz (prayers) Fasting and Zakat and some others companion said, `JIhad’ (cursade in the way of Allah). The Holy Prophet (Allah’s grace and peace upon him) replied the best deed for the Pleasure of Allah is to entertain Friendship and Enmity of the sake of Allah. He said that when some one loved some one else for the sake of Allah, he upheld and elevated the Honour and dignity of Allah. He also said “Persons who expresses love for Allah shall be honoured by having been seated in the Chairs of Ruby round about the Arsh.”

He also said, Allah says Those who love one another fro My sake and Sit together, meet one another and spend money (for My sake) On Me their Love has become due.” One man siad, O Prophet of Allah! what about the person who loves certain community but has not met them, nor rendered deeds as noble as their? The Holy Prophet (Allah grace and peace be upon him) replied, “Man’s destiny is linked with those whom he loves.”

For this Hadees it is evident that the company of noble makes a man noble and his destiny shall be like and with them. Likewise the company of evil doers will in still evil in his thoughts and behaviour and his destiny will be like theirs.

One day a companion enquired from the Holy Prophet (Allah’s grace and peace be upon him) as to when the Day of Judgment will occur. He asked the companion, “What preparations have you made for that Day?” The companion meekly and respectfully replied, “None! O Prophet of Allah! I only know that I Love Allah and His Prophet. Thereupon the Holy Prophet (Allah’s grace and peace be upon him) affectionately reassured him that the ultimate destiny of his will be with those whom he loved. Hazrat who narrated the episode said that the happiness and glad things brought to him (and the Musalman) was the greatest after the acceptance of Islam.

The Holy Prophet (Allah’s grace and peace be upon him) also said, `Man remains in the Deen of the person with who he has befriended. It must therefore he observed what kind of man is whom he makes his friend.”

He further said, ` Once Allah sent a revelation (Wahi) to an Apostle asking him to tell the Devotee of his community that his real comfort and solace o of person lay in the piety and the uninvolvement in the mundane (worldly) affairs, and his honour is through the constancy of his regard towards Allah the Lord Creator. He was asked if he had fulfilled his obligation “by his deeds,” the man would ask, ” What deed, my Lord?” The Divine reply will be ” was your friendship and Enmity with any one for My sake in the world?”

He also said that when a man desires to make friendship with any one, he should first ask his and his father’s name and the tribe (community or fraternity) he belongs. This will make the friendship stronger and more enduring. He has also said that, If a person Loves some one the latter should be informed of this. He further to keep the friendship up to a reasonable limit, because it is not improbable that some day he might turn into an enemy. Similarly the enmity should also limited, it is quite possible that some day he may become his friend.

TELLING LID

Telling Lie is such a despicable habit that it is universally cursed and there is not a single religion in the world, past and present which has not condemned lie or falsehood. Islam has warned severally against telling lie and many verses of the Holy Quran have also denounce and cursed this evil of human character. There is clear condemnation, “Curse of Allah on the falsehood mongers and liars. Many Hadees also contain strictures and condemnation upon the liars, besides denouncing falsehood as a human trait. The Holy Prophet (Allah’s grace and peace be upon him) has said, “When a person tells lie, the angels goes a mile away on account of its bad smell.” He has also said, “A momin is not completer in Eimaan unless he gives up telling lie even in frivolous joke and gossips, and gives quarreling even thought he may be right (and might win in the end).

He also said, “A man speaks in a light hearted manner merely to please the people and make them laugh and he does not realize that by doing that he is falling so deep in the hell that the measure of depth is more than the distance between the earth and the sky. And the faltering that occurs through he slip of the tongue is far more greater than that occurs through false steps. Hazrat Abdullah bin Aamir narrated that one day the Holy Prophet (Allah’s grace and peace be upon him) had come to visit our family. My mother called me indicating that she would give me something. The Holy Prophet (Allah’s grace and peace be upon him) asked what she wanted to give. She replied I will give him dates. The Holy Prophet (Allah’s grace and peace be upon him) said if you did not give him anything a lie would have been recorded against your name.

He has also said, Falsehood blackens the face of the lier and back biting is the punishment of the grave.

PROBLEM:- On three occasions telling a lie is permitted and there is no punishment for this, (1) in the midst of fight because to deceive the enemy in the war is permissible. Similarly when fearing oppression at the hands of a tyrant a lie may be told to word off the cruelty. (2) To effect peace between two fighting Muslims if a lie can patch up the difference it can be used.(3) To please the wife a lie may be used as a measure of appeasement.

PROBLEM:- Tauria ( ), we describe it as a conversational device whereby we use a word or phrase not exactly in the literal sense or dictionary meaning but some thing opposite or implied. This is with view to avoid any untoward or unwanted situation which the ordinary meaning of to spoken word would have created. This is permissible but only in rare occasions, because unless the real intentions are made clear, the wrong and offended sense would have continued to embarrass the situation. Tauria is very near to telling a lie unless it is intended to avert a difficult situation.

PROBLEM:- IF the desired aim can be secured by telling the truth as well as a lie, it is better to tell the truth and avoid the lie, which (lie)in itself is haram. however in certain cases telling lie is permissible rather morally necessary. For example if a tyrant is determined to kill an innocent person purely for personal unjustifiable reason. If he takes refuge in some body’s house which no one except the house owner knows. IF the tyrant or any one on his behalf wants to know the whereabouts of the wanted amn. The house owner can safely plead ignorance and thus save the life of the innocent man. The example can be multiple, but the intentions behind each “false he” should be of some benefit (lawful and valid).

PROBLEM:- Some one commits an indecent and immoral deed which none but he knows. Now if some one asks about it, he can deny because if he discloses the fact this will be another guilt, especially the inquirer has no authority to do anything with the moral guide in question. Similarly, the secret of one muslim brother must not be told to unconcerned persons.

PROBLEM:- If telling the truth leads to disturbance or violence, then it is permissible to tell the lie because peace and tranquility is more precious than to disturb it merely for the sake of an ordinary truth. If by telling the lie disturbance or violence is likely to erupt then the lie is absolutely haram. In case of doubt between truth and falsehood, the truth may be told if it will bring good, otherwise silence is preferable.

PROBLEM:- Usual exaggeration is friendly conversation can not be taken as lie. For example to say “I have thousand or hundreds of time not to do such and such a thing but you did not listen.” Here the number simply signifies plurality of time, but not actual counting thereof.

PROBLEM:- Telling the implied truth for the sake of pun or fun in a manner which is opposite the truth is also permissible. For example No old woman shall go in the Paradise ( because there is no sense of old age in the Paradise where every one shall eternally young).”

CHECKING THE TONGUE FROM AND DESISTING FROM ABUSING AND BACK BITING ETC.

The Holy Prophet (Allah’s grace and peace be upon him) has said that the best thing which will enable Men to enter the paradise if TAQWA (fear of Allah and excellence of moral character), and the worst thing which plunge men in the hell are two things having cavity namely the mount and the shame of the woman.

Some more sacred saying of the Holy Prophet (Allah’s grace and peace be upon him) are summarized below,

He said, “One who keep silence (as moral behaviour) attains deliverance.”

The good of man lies in discarding thing which are of no use, restraining tongue, heart and other organs from ungainly activities.

Hazrat Abu Zar Ghafari says, I begged the Holy Prophet (Allah’s grace and peace be upon him) to advise me of something useful. He said, I advise you to adopt TAQWA, It will set right affair of yours. (Note: Here follows a series of Questions and answers that took place between the Companion Hazrat Abu Zar Ghafari and the Holy Prophet (Allah’s grace and peace be upon him). After every answer given to him a Hazrat Ghafari begged one more advice. The answer given by the Holy Prophet (Allah’s grace and peace be upon him) contain the following points of advice in that order.

“Make binding upon yourself the Recitation of the Holy Quran and the Remembrance of Allah. This will cause you remembrance in the heavens and there shall be Nur (Divine light) for you on the earth.”

“Keeping quiet most of the time should be made binding on yourself, this will word off satan and you will get support / assistance in your religious activities.”

“Avoid laughing too much this causes death of the heart and removes the nur of the visage.”

“Speak the Truth even though it may be better.”

“Do not fear the amn who talks ills of Allah.”

“The thing which should keep you away from people should be in you own knowledge. In other word your weaknesses and defects should be clear to you so that you may word them off and then you shall not spy into other men’s weaknesses.”

“Do not call bad names and abuse the air (wind). When you find it unpleasant, seek Good form Allah as He has endowed it with and seek refuge of Allah from the Evil it carries by the command of Allah.”

It is reported that once a rider cursed the animal of his riding. The Prophet of Allah, on hearing this, rebuked the man and ordered him to alight, from the man as he will non like the accursed animal accompany the travelers. He also forbade cursing one’s children and upon once your own self, lest it be the hour of the acceptance of the prayer.

The Holy Prophet (Allah’s grace and peace be upon him) has said one who blames and charges of moral indecency and profligacy and these accusations are not in the man concerned then all these charges and their consequences will recoil upon the accuser.

He also said, If two men abuse one another, then consequences and requitals of all the abuses exchanged in between then will lie upon the person who started abusing first so long the offended person does not exceed the limit of abuses hurled against him. He further said, “Says Almighty Allah the son of Adam (man) causes Me injury he abuses the Time (Dahr or Zamana). I am The Dahr All affairs are in MY HAND, I cause alternation in Day and Night”. In other words ill of Time and abusing it. amounts to criticism Almighty Allah and all that happens and occurs in the world is at the command of Almighty Allah.

He said. When a man says all men have perished then the man who suffers most is the men himself so says so. The man who regards all others as deserving of it, as he is himself the greatest sinner.

He also said, The worst of all men you will find on the Day of Judgement is the amn who is TWO FACES, (indulging in duplicity) a hypocrite, changing stand and stance every now and the or saying opposite things at one and at the some time.

Hazrat Huzaifa says he heard the Holy Prophet (Allah’s grace and peace be upon him) say the backbiter shall not be admitted in the Paradise.

The Holy Prophet (Allah’s grace and peace be upon him) has siad, The virtuous servants of Allah are those who very sight (appearance) reminds of Allah the Almighty, and the evil doers of His servants are those who indulge in back biting, cause separation among friends and implicate innocent people in crimes which they have not committed.

He said (speaking to companions) Do you know what is back biting? (after a pause he said) Back biting is (the evil) that you say in his absence about a brother of yours if who he takes ill when it comes to his knowledge. Some one asked suppose the evil is present in the man. He said This is what is meant by back biting (telling things in absent) and if you speak of a thing which is not present in him, then it is (bohtan) false accusation or false imputation.

Ummul Momineen Hazrat Ayesha (May Allah be pleased with her) says, it is enough for Ummul Momineen Hazrat Safiah (May Allah be pleased with her) that she is so and so ( the idea was that she short statured!) there upon the Holy Prophet (Allah’s grace and peace be upon him) said to Hazrat Ayesha ‘You have siad such a thing that if it is dropped into an ocean, it (the said word) will dominate over (engulf) the ocean. To utter about the natural thing 9in absence) which is not liked by the other person is what the Quarn says as Bohtan (insinuated utterance), when there is no occasion to do so.

The Holy Prophet (Allah’s grace and peace be upon him) has siad. Ghibat (false accusation) is worse than adultery (fornication). The companions asked why it is so . He who commits adultery later seek and receives forgiveness from Allah, but there is no forgiveness for Ghibat (False accusation) unless the person concerned also forgives the accuser.

He has also said, If a man secures food by insinuating against his Muslim brother, Allah will force that much amount from the Hell. The some things as said about the clothing received for ghibat in the world and the clothing forced on the accuser on the Day of Judgment.

The Holy Prophet (Allah’s grace and peace be upon him) has severely reprimanded and warned the accusation mongers in these shocking words O You people who profess Eimaan Islam by tongue and Eiman has not entered you, hearts do not indulge in false accusation (Ghibat) of Muslims and don’t try into their private personal affairs of (innocent) Muslim, Allah will also their private affairs pried onto and whosoever affairs are thus pried into by Allah. He inflict utter disgrace on him, even if he (hiding) in his own home.

He has also said In the Night of Ascension I passed by the people whose nails sure of copper with which they scratched their mouths and chests. On enquiry, Angel Jibrail said, these are the people who ate the human flesh and used to dishonour them.

The Holy Prophet (Allah’s grace and peace be upon him) has said that, at places where the honour of Muslim is antraged and polluted. If any one did not help the Muslim victim but continued watching the incident and failed to check this disgrace, then Allah also will not help him at the place where he would desire to be helped. And the man who helps the muslim brother at the pace where he is being dishonoured Allah will help him at the place of his choice when he needs Divine.

He said, A Momin is the mirror of another Momin and the Momin is the brother of another Momin, he should try to save the things of his brother (Momin) form being destroyed and render him help in his absence. He said, If a man sees a thing which should ordinarily he kept hidden and he hides it, it is as if he brought a dead man to life.

He said, If a man kills a man on account of the crime or misdeed for which he has already sought forgiveness from Allah, then the killer would himself die after being involved in that very misdeed or crime.

He further said, Do not express joy over the calamity or misfortune of another man. Otherwise Allah will show mercy on him and involve you in that calamity.

PROBLEM:- Ghibat (back biting) means to speak certain weakness of a man with intentions to malign him which he does not like to he told. And if the weakness or defect is not found in the man, then it Bohtan (false accusation). The Holy Quran says

(Let none back bite the other. Will you like to eat the flesh of your dead brother? (No) you would fell contemptuous.)

The habit of backbiting has also been condemned in many Ahadees of the Holy Prophet (Allah’s grace and peace be upon him) which we have mentioned earlier.

PROBLEM:- A Musalman is seen offering prayer and keeping fasts regular, but at his hands and tongue other Muslim brothers are in trouble. To disclose and mention these troublesome feature to others will not be taken as Ghibat (back biting) as the intention behind this disclosure is warn others brother to beware of this troublesome trails of that so called religious man. There is a saying in the Hadees, do you fear a wicked man? Speak out the harmful activities of such a man, so that people may protect themselves from his mischief.

PROBLEM:- If the case of the aforesaid men is brought to the notice of the state authorities for taking necessary action against him it is justified and it will not be taken as back biting (Ghibat). On the contrary, it is necessary to check the mischievous activities of such a wicked man, so that people may be spared of their aftermath and the peace and tranquility of the state may also not be disturbed. Any advice if so called tolerance, by pseudo reformers or religionists must no be heeded.

PROBLEM:- Jurist Abul Lias has said ‘Ghibat (back biting) is of four kinds,

(1) Kufr (denial of Allah and Islam). Suppose a man is openly committing ghibat and when he is asked to desist from this, he insists that he is doing the right thing. In other word he is showing a haram thing as halal which is Kufr.

(2) Hypocrisy. The man is criticizing and doing ghibat in front of the amn whom he knows but does not name him, thus showing himself a virtuous man. This is Ghibat of Nifaq (hypocrisy).

(3) Sinful act when Ghibat is committed deliberately knowing that Ghibat is haram and yet he does not desists.

(4) Mubah permissible with good intentions of telling irreligious and misleading affairs of some precaution in the name of religion and reform. Though it is ghibat a sense, but with good and beneficial purposes it is permissible (Mubah) when no personal interest is involved.

PROBLEM:- Telling people about the open and deliberate misdeeds of a man is not Ghibat, but telling things of the same man which are not known is ghibat. There is a Hadees saying, One who removes the veil of shame from his face, to speak about him in his absence is NOT GHIBAT.

PROBLEM:- On seeking opinion about a man the latter weakness must not remain untold. It may be injurious to the opinion seeker. According to a hadees, the man from whom opinion is sought is Ameen (trust holder). His not disclosing the weakness of the concerned amn is ‘MISTRUST’ (Khyanat).

PROBLEM:- Like committing Ghibat by tongue, it may also committed through gestures by movements of head, hands, eyes and eye brows, other physical action indicating some else weakness or defects (especially natural one). In short Ghibat in any shape or form is ghibat. It is reported that once Hazrat Ayesha (May Allah be pleased with her) indicated by gestures about a woman who had just left, that she is short statured (not agreeably tall as a woman). The Holy Prophet (Allah’s grace and peace be upon him) warned her that she committed Ghibat.

PROBLEM:- Imitating some one movements of naturals or physical defects is a ghibat of a more sinister quality than telling by tongue.

PROBLEM:- Like the ghibat of a living man the ghibat of a deceased Muslim when the defects are not of a nature, the description of which is not ghibat. Likewise the ghibat of a Zimmi Kafir (under protection of Islamic state) is also not permissible because he enjoys the same rights as a muslim. However telling the evils / misdeeds of a kafir in war (Harbi) is not ghibat.

PROBLEM:- Telling evils/misdeed on the face of the amn concerned, through not ghibat in the literal sense, it is more dangerous than that because he might he enraged to retaliate and cause more harm than otherwise he should not have caused if his weakness was told in his absence. The philosophy behind checking ghibat is to prevent harm to the muslims of the society, but telling defects on the face would almost certainly prove injurious because in the event of ghibat the news of his misdeed might or might not have reached him. This is surely an act of greater haram than in case of ghibat.

PROBLEM:- The defects which are generally narrated by way of ghibat are of various natures. Physically defects or deformities, for example, blindness, being one-eyed, lame, crippled, flat nosed etc.

So called or assumed drawbacks of profession, race, family lineage etc. this is very common in the sub-continent where high brow society people call names to the professions or avocations of people belonging to lower strata. A part form these established grounds of ghibats in our society there are various avenues of strictures, satire, taunts etc. relating to habits of walking and talking, dresses and other smaller but more common modes of behaviour a appearance. These are all forms of ghibats, these are more tragic because the poor ordinary men and woman. Listening to ghibat is as sinful as it is telling ghibat. According to a hadees, any one who protect the honour of another coming form ghibat, it is due to the Mercy and grace of Allah to protect him from the Fire of He’ll.

PROBLEM:- The man against who some one commits ghibat should be approached to seek his pardon by the man committing ghibat, if the former comes to know about the misconduct of the latter. That way alone he can be exonerated. If the victim of ghibat remains unaware, the man committing ghibat should at least express regret and repentance, that would be enough.

PROBLEM:- Seeking personal pardon also demand that this time of good qualities of the offended person should also narrated on his face to assuage his feeling and neutralize the harm done to him. If still the man is not satisfied, then the man seeking pardon will be exonerated of his moral guild and there shall be no accountability for the some of the Day of Judgement.

PROBLEM:- According to Imam Ghizali if the victim of ghibat dies or disappears and there remains no chance of seeking pardon, then in order to reduce and offset the seriousness of his misconduct (ghibat) he should devote more time in doing deeds of goodness, remembrance of Allah and other acts of charity and benevolence so that his redeeming acts out weigh his misdeed on the Day of Judgement.

PROBLEM:- Praising some one on his face simply to please him or securing his own admiration is forbidden. Similarly praising a person in absention with intentions that when this praise would reach him he will be please is also equally forbidden. Exaggeration in praise is also not *allowed.

Miscellaneous

In this chapter, problems relating to different aspect of our daily life what we may call routines or etiquettes and the laws of shariat about them, especially what modes of behaviour beneath them are permissible or impermissible (Jaiz and Najaiz). By the very nature of title, this chapter is not confined to any particular subject or of shariat law and its thread pare analysis and interpretation as we have hitherto done. We begin to the most common practice of our daily relating to Eating and Drinking.

It is said in the Holy Quran,

(O you who believe! do not declare as forbidden what Allah has made lawful for you and do not transgress. Surely Allah does not love those who transgress.

And eat of what Allah has give you provision permissible pure and fear allah if you believe unto him.)

It is further proclaimed

Eat of what Allah has given as sustenance, and do not follow the footsteps of Satan. Indeed he is your open enemy. It is said in the Hadees of the Holy Prophet (Allah’s grace and peace be upon him), The food on which `Bismillah’ is not recited before eating, the satan partakes it as if becomes accessible for him. A companion Umar bin Abi Salmah says that when he was a child under the care of the Holy Prophet (Allah’s grace and peace be upon him), he used his fingers every where in eating utensil. The Holy Prophet (Allah’s grace and peace be upon him) directed him to eat from what is in front and not to more hand in the utensil. To recite the Name of Allah before eating is essential. If any one forgets, he should do so at the end, reciting

In the Name of Allah, in the beginning of It and at the end of it (ie. eating). Reciting the Name of Allah of increase (blesses) the victuals. The Holy Prophet (Allah’s grace and peace be upon him) has said that eating together and reciting the name of Allah, increase the nutritive quality of the food and satisfies the hunger. The food on which the name of Allah is not recited is a (source) of disease. The compensation for it to eat some thing from the food still on the table cloth will the Name of Allah, and if the food has been removed, he should lick his fingers by reciting the Name of Allah.

He has also said that after taking the food he should recite,

In the Name of Allah and allah with Whose Name nothing can harm in the earth or in the sky. O Ever Living! O Ever Staying! This will prevent you from all kinds of disease and ailments, even if the poison is mixed in the food. Further commandments in this respect may be summarised as under,

Eating and drinking with right hand, to do so with left hand is the practice of satan.

Eating with three fingers is the tradition of the Prophets of Allah. Eating with all five fingers is forbidden as it is the practice of the uncouth and uncultured ones.

After eating the fingers and the pot should be licked, one does not know at what part of the food lies the blessing.

To below air and breath in the utensil is forbidden.

If a morsel of food falls down, it should be picked up, cleaned and eaten. To leave it uneaten is to invite satan to eat it.

Pay due regard to the bread, it descends from heaven and contains blessing of the earth.

One who picks up and eats the fallen cramp of bread, receives forgiveness from Allah.

No one should rise from the table (cloth) until all men have their food.

No one should withdraw hand from the food while others are still engaged in eating. He might slow down and give an impression of joining with others. In case of an emergency, he may excuse and leave the place. To give up eating while your companion is busy, would cause him in convenience.

The Holy Prophet (Allah’s grace and peace be upon him) has emphasized that after eating food the following `dua’ should be recited,

(All praise due to Allah who gave us food and drink and us Muslims).

Put off your shoes at the time of eating, it is graceful habit. It also gives relief and comfort to feet.

To eat with the help of the knife and fork is undesirable, it is the habit of the un islamic people. The use of knife and fork may be allowed when the items of food can not be broken in pieces with hand and teeth. It is reported that on some rare occasion the Holy Prophet (Allah’s grace and peace be upon him) has made use of knife and fork while taking food. However, this should be taken as a general permission.

The Holy Prophet (Allah’s grace and peace be upon him) did not take food while reclining against a pillow (or cushion).

The Holy Prophet (Allah’s grace and peace be upon him) never criticized or spoke against any preparation presented to him.

He had said, `the food for one suffices for two, food for two, suffices for four and that of four suffices for eight.

He said, “Measure your food (the minimum quantity you need to satisfy your hunger). This way lies the blessing vessel than his stomach. A few morsels are enough to keep his back straight. No more than one third food for eating, nor more than third of breaths for living, are enough to sustain life on earth.

To refuse taking as a formality while there is hunger, is committing two sins at a time, not taking food when presented and telling a lie in there being no hunger.

People (rich and wealthy) who take food and drink in golden and silver vessels, fill their belly with fire.

When a fly falls in food or drink, it should be dipped full two times in that pot and then thrown away. In one wing of the fly is the disease and in the other wing is the cure of the disease. The fly by nature dips the disease wing and saves the cure wing while falling in the eatable. By dipping the whole fly twice neutralizes the ill effect of the disease and restores normally and health.

PROBLEM:- In some cases taking food is obligatory (farz) and not taking is an act of sin. If the hunger is to such an extent that remaining a more hungry may cause death, the taking food is obligatory and refusing to take anything is a grave sin (almost amounting to suicide which is haram).

PROBLEM:- In a state of extreme necessity when life hangs un balance, things which are manifestly haram becomes Halal but only’ to the extent that one may survive and not at all for pleasure nor in a quality more than minimum quality of drink of a haram liquid is allowed to save life.

PROBLEM:- If some one has a thing which can save the life of a dying man, but he refuses to give the thing on request or on payment, then in such a case the thing can be snatch away from that cruel fellow by force.

PROBLEM:- Human flesh is absolutely forbidden, what ever the reason or situation may be.

PROBLEM:- Dead corpse and the wine are not allowed as medicine.

PROBLEM:- Eating should be slightly less than satisfying full hunger.

PROBLEM:- Avoiding food and drink that incite lust is an act of piety.

PROBLEM:- The sunnat etiquettes of taking food are (1) to wash hand before and (2) after taking food (3) not to wipe hands before taking food and (4) to wipe hands after eating so that no trace remains of the things taken.

OTHER ETIQUETTES / MANNERISMS

Nothing should be kept on the bread while taking food. Hands and knife should not be wiped with bread. Eating with the left hand reclining on floor is makrooh.

Talking pleasant thing while eating is good. Keeping utter silence while eating is the habit of the Magis (Majusis).

After eating the vessel should be cleaned with fingers. It is reported in Hadees Sharif that the vessel prays for the person who cleanses it with fingers that Allah may deliver him from the Fire of the He’ll as he has delivered him from the Devil. It is also reported that the eating should begin by taking some salt and also and with it. It gives relief from to diseases.

PROBLEM:- Eating in the open and bazaar is makrooh.

PROBLEM:- To criticize and pick up faults in food preparations is against the Tradition of the Holy Prophet (Allah’s grace and peace be upon him).

PROBLEM:- It is customary that while taking food some arrives and he is invited, he says `BISMILLAH’. Saying Bismillah is meaningless. Ulema have objected to this practice. Instead he should say `May Allah increase your livelihood’ or any `dua’ of this kind.

PROBLEM:- If a needy person is unable due to weakness or oldage to work and manage his livelihood, it is not a shame for him to beg for help at the doorsteps of neighbour and others. If he dies of hunger by not begging food, he will be guilty of grave sin.

ETIQUETTES OF DRINK IN (WATER).

In this respect, some of the Ahadees of the Holy Prophet (Allah’s grace and peace be upon him) are given below.

The Holy Prophet (Allah’s grace and peace be upon him) used to DRINK water with three breaths (as a break not in one gulp). He said this way water becomes pleasant, useful and satisfies thirst.

To say `BISMILLAH’ before drinking and `AL-HAMDO LILLAH’ afterwards.

One should not breathe into the cup, glass etc, he should withdraw if for a moment, before resuming to drink.

Drinking in gold and silver sup/vessel is forbidden.

The Holy Prophet (Allah’s grace and peace be upon him) gladly took the drink which was sweet and cool.

While taking water at night, the container (pitcher etc) should be shaken. However it closed with a cap or lia shaking is not necessary.

He has said to drink water as if sucking it. It is pleasant and digestive ad a safeguard against illness.

Hazrat Ayesha Siddiqah (May Allah be pleased with her) once enquired form the Holy Prophet (Allah’s grace and peace be upon him) as to what things are forbidden being called `not halal.’ He replied `Water, Salt and Fire.’ She said, `I understood about water ! But why are salt and fire are forbidden being `not halal’. The Holy Prophet (Allah’s grace and peace be upon him), answered, “O Humariah! (May Allah be pleased with her), The one who supplied fire, he gave sadagah for every thing which his cooked on fire. And the man who gave salt, he made tasty and delicious all things with the salt and thus he offered sadaqah of all thing corrected by the salt. And the man who supplied water at a place, where water is not available it is as if he gave freedom to a slave.”

It is a practice to throw away the remaining water of the glass after drinking from it, calling it “Jhoota” (unclean). It is a legacy from Hindus who believe and practice, untouchablity. There is no such thing in Islam. It is a sheer waste which is forbidden.

The water of Wazoo (ablution) and Zam Zam should be taken in standing posture and all other drinks should be taken in sitting position.

VALIMA AND DINNER

The Holy Prophet (Allah’s grace and peace be upon him) blessed the marriage of his companion Hazrat Anas and asked him to arrange valima in celebration of his marriage, even if it be only one goat.

The Holy Prophet (Allah’s grace and peace be upon him) has cursed the valima dinner in which only the will to do people are invited and the poor are left and ignored.

One who redeclines and refuses to attend the valima (and other ceremonial dinner) without any valid reason, he is guilty of disobedience to the commands of Allah and His Prophet (Allah’s grace and peace be upon him). And one who goes to a dinner without being invited is a thief who enters a house one comes out after dacoity, without being detected.

Valima on the first day of wedding is Haq (True and Divine) on the second day it is sunnat and on the third and thereafter it is sun’ah meant to let it heard by other and for display (of one’s riches etc) and one who does it will meet a fate (punishment) about which their will hear!

If two men come at one and the same time with invitation, then the one whose door is nearer yours should be given preference.

The guest at home should be given comfort and respect in full for at least one day and night. However the care and comfort lasts three day and thereafter it becomes sadaah of which he is entitles, the guest should not therefore become a burden on the host.

PROBLEM:- To attend valima and other dinner, is sunnat and the invites must go there after making sure that there is no wasteful guilty and urn just to display one’s position in the society and his wealth.

PROBLEM:- A man known for his learnedness and devotion may attend the invitation id he is sure that his presence will (indirectly) compel the host to desist form such an activity. Other wise he will himself give a justification for wasteful display and pleasure.

PROBLEM:- While eating the dinner at come one else house, it is not open for the guest to give anything to a beggar if he begs. He is there not as an owner, he is only a guest and the food before him has been given for him to eat and not to distribute.

PROBLEM:- The guest should observe four principles of mannerism and etiquette; (1) He should sit where he is made to sit. (2) He should eat whatever is presented without any demur or objection, especially calling it of a quality lower than what he takes at his own home. (3) He should not leave the place without the per mission of the host. (4) He should pray for the will fare and prosperity of the host and his family member while saying `Khuda Hafiz’ to them.

PROBLEM:- As far as possible, the host should personally look to the comfort and requirement of the guest. Then things should not be left to the servants etc. This is the sunnat of Hazrat Ibrahim (Alahis satam). If the guest is alone or they are few it is morally incumbent on the host to sit among the guest(s) and partake of the food and serve them meekly and willingly.

PROBLEM:- If some one sends gifts and present. If the man is known for possessing wealth of halal and haram nature, then it is necessary to ascertain what kind of wealth dominates. If it is of halal quality then alone he should accept the gift of such a person. Otherwise he should politely decline to accept it, even in this refusal no harsh or offensive language should be use.

PROBLEM:- If a debtor shows unusual hospitality to the creditor and trains to entertain him softener than usual, then it can be assumed that he is doing so on account of the debt/loan against him and with a gesture of a fraternal well being. In such events caution is of utmost necessity, because if a debtor gets displeased for any reason, he may cause in convenience to the creditors.

UTENSILS – VESSELS.

PROBLEM:- To eat and drink form the utensils of gold and silver and to apply oil from such like cups or use perfumes for bottles or perfume metallic containers all these are forbidden for both men and women. However women can use gold/silver ornaments etc. Apart ornament, the use of silver and gold in any way is forbidden for men and women alike.

PROBLEM:- Using silver/golden spoons, collyrium holders and sticks to see in the mirrors of silver/golden frames, pent ink pot, to make ablution from such post or sit in chairs of these make are forbidden for men and women.

PROBLEM:- Wearing silver/golden ring with mirror is permissible for women but they are forbidden form looking in these mirrors.

PROBLEM:- Using the pots of silver and gold, wearing gold watch and looking time in them are forbidden.

PROBLEM:- Decoration pieces made of these metals are prohibited.

PROBLEM:- Apart from gold and silver utensils/pots/vessels made from any other metal are permissible. But as pots, earthen wares are be best. it is reported in the Hadees that earthen / clay vessels and object which the angels descend to see and pay homage.

PROBLEM:- Cups and glasses having silver/gold linings and designs are permissible, provided these metals do not come in contact with hand and mouth while drinking water from them.

PROBLEM:- Electroplating of gold and silver on vessels is permissible.

DRESS.

The Holy Prophet (Allah’s grace and peace be upon him) has said that the best dress with which you can visit graveyards and offer prayers in the masjids is the white one. The coffin shrove are also of white cloth. Summarized version of the Traditions (Ahadees) of the Holy Prophet (Allah’s grace and peace be upon him) is given below,

The sleeves of the shirts of the Holy Prophet (Allah’s grace and peace be upon him) stretched up to the end to the wrists. The two edges of his Turban (Immah) were kept hanging between the two shoulders. He has asked to use turban (Imamah), it is the emblem of the angels and keep it down on the back. He said the difference between the Believers and Non-believers is that while we use Imamah on our caps (and they don’t do so).

Hazrat Ayesha (May Allah be pleased with her) said that the Holy Prophet (Allah’s grace and peace be upon him) told her that if she desired to meet him in the Hereafter, she must be content with as little worldly assets as is necessary for a traveler while going on journey. Do not sit near above the wealthy people. Do not thing a clothing as old and unserviceable unless it has patches on it.

Once Hazrat Hafsah come to Hazrat Ayesha (May Allah pleased with them both) wearing a thin head covering. Hazrat Ayesha tore the thin head covering and her another head covering of thick cloth.

The Holy Prophet (Allah’s grace and peace be upon him) has said that any one who puts on clothing for pomp and popularity, on the Day of Judgment Allah will wrap him in clothes of disgrace and dishonor. He has also said that any one who gives up wearing rich clothing out of humility and selflessness, on the Day of Judgment Allah will provide him the appeared of dignity and elevation. He has also said the if a person has enough means and resources his outward keeping and appearance must show glimpse of his being favoured by Allah in making him rich, wealthy and above petty wants.

The Holy Prophet (Allah’s grace and peace be upon him) has said,

Silk and gola are permissible for woman of Muslim, while these are forbidden to menfolk.

Spreading the skin of he beasts is forbidden.

It is reported in the Hadees that once Hazrat Umar (May Allah be pleased with him) put on new clothes and recited the following dua,

(TRANSLATION:- All praise is due to Allah Who clothed me which covers my shame and gives me beauty in my life).

He said `I have heard from the Holy Prophet (Allah’s grace and peace be upon him) that any one who recites this dua on wearing ness clothes and give his old clothes in sadaqah, he will remain in the Protection and Peace of Allah in this life and after this, in the Hereafter.

He said, `any one who imitates the people of other nations he becomes like them and one of them. This Hadees all aspect of life and faith. In guides what people we should follow in respect of clothes (dress), habits and characters and whom we should avoid initiating or copying. To seek resemblance with unbelievers transgressors, lewd and debanchees is to debase and degrade oneself to the lowest state among the human beings. On the other hand to follow and endeavor to become one to those who are known for their piety, righteousness, love and sympathy for the down tradden is the very essence of life with enduring benefits not only in the world but also in the Hereafter. A Muslim must try to keep himself above and distinguished from a Non Muslim.

The Holy Prophet (Allah’s grace and peace be upon him) has cursed those women who wish to look and behave like men, by adopting the dress, the mannerism and general appearance of the menfolk. Similarly he has cursed those men who imitate women in all these respect.

It is said in the Hadees that the bed or cushion on which the Holy Prophet (Allah’s grace and peace be upon him) used to sleep was made of leather in which the dry rind of he date was stuffed. So was his pillow.

PROBLEM:- The daily wear (dress) should be such (simple, and light) that hides the shame and protects from cold and heat in season. If by the Grace of Allah, there is enough to maintain the appearance especially in dress, it should be only with a view and by the way of Thanks giving to Allah and not to display the riches and extravagance. That leads to arrogance and pride and breeds contempt for the poor and the down trodden.

White dress id preferable which has also been praised in the Hadees. Black colour is also likeable. When the Holy Prophet (Allah’s grace and peace be upon him) entered the Mecca Moazzam after conquest he had black turban (Emamat) over his head.

PROBLEM:- Pure silken clothes are forbidden for men. However cotton and silk mixed clothes may be worn but not as a habit. While silken clothes are permissible to women, whether the silk is artificial or real.

PROBLEM:- To stitch an amulet (Taweez) in pure silken piece of cloth is not allowed whether it hung with neck or tied on the arm.

PROBLEM:- To wear black clothes as a sign of mourning in the family where some one had died is not allowed.. Black badge as a sign of grief is also forbidden.

PROBLEM:- During Muharram form Ist to twelth wearing of clothes in black, green and red colour is not advisable. Black is the colour belonging to RAFZIS, Green is the way of Tazia Mourners and the Red is the sign of happiness of the KHARJIS.

PROBLEM:- Pajama is a sunnat dress as it cover the shame parts extensively. However it is reported that the Holy Prophet (Allah’s grace and peace be upon him) did not put on pajama. He used to wear Tahband (long piece of cloth tied round the back above the abdomen).

PROBLEM:- Wearing leather coat (posteen) is permissible. Many scholars of Deen and Mashaikh (heads of spiritual sects have used posteen). Leather jacket may also be taken as a posteen. The animals which are forbidden, if their skins are tanned and dried their skins can also used for making posteen, as also as Musalla for offering prayers. However such a thing should be avoided, because after all the animal was a forbidden one and the emergent necessity for its use has not arisen. In Hades the skin of tiger while in riding has be forbidden.

PROBLEM:- Wearing of dress (shirt, pajama etc) should begin from the right side, which the shirt should be worn by putting the right hand in the sleeve, then the left sleeve. Similarly, while wearing pajama the right foot should first be used, then the left.

EMAMAH (TURBAN)

To tie (wearing) Emama (Turban) especially in offering Namaz is sunnat and carries much reward (sawab).

PROBLEM:- While wearing Emamah, the edge (Shimla) of should be kept hanging between the two shoulders. Wherever the Emama is to be tied again, it should not be thrown on the ground to pick up the edge and open it, Rather, it should be opened slowly and in the circular war in which it was the first instance.

PROBLEM:- Emamah should be tied in standing position and the pajama he put on while sitting, any one doing opposite to it will suffer from an uncurable disease.

PROBLEM:- It is established that the Holy Prophet (Allah’s grace and peace be upon him) often put on cap, and whenever he wore Emamah he kept the cap below the turban.

PROBLEM:- The Emamah and the pajama should not be used as a pillow] (in one way it is disrespect to Emama, and in other respect it is disrespect to the head – Translator)

PROBLEM:- To hang amulet (Tawiz) round the neck is permissible as it contains Quranic Verses, The Names of Allah and words of dua. It is prohibited in some Hadeeses but these refer to amulets, which contain words/in vocative phrases which were extant in the pre Islamic days and were contrary to inscriptions prescribed in books of Ahadees and prayers. It is also permissible that the verses/phrases of amulets can be written with saffron on dish plates and the water of it wash be given to patients for cure. Bed sheets or Musalla cloth with Holy words / verses etc. Written or painted on it should not be used for these purposes. They may be preserve as decorative pieces or kept safe from being disrespected. This also applies to table cloth (dastar khwan) which also at times are decorated with verses or lines of poetry.

WEARING SHOES

The Holy Prophet (Allah’s grace and peace be upon him) has said that while wearing shoes the right foot must first be put in the shoes and while removing the left foot should be freed first. One should not walk with only one shoe on. He should use both shoes or walk bare feet. Women are forbidden to wear shoes meant for men folk. The woman must preserve the dignity of being a woman.

It woman initiates a man even in matter of wearing shoes, she degrade her dignity of woman hood as was the common and disposition of Allah in her creation.

The Holy Prophet (Allah’s grace and peace be upon him) has commanded to remain barefooted afford ones.

WEARING RING AND ORNAMENTS.

PROBLEM:- Wearing any kind of ornament or jewelry is absolutely haram except the silver ring which is permissible for men folk, but it should be less than four and half Masha in weight. The silver can also be used in the handle and stealth of the sword provided the silver may not in use in any other way.

PROBLEM:- Only the ring of silver is allowed, any other metal for example iron, lead, copper, brass etc is not allowed for making the ring which is prohibited for men and woman alike.

PROBLEM:- Some Ulema permit use of precious stones in the ring while others prohibit it. Precaution demands that things which do not have specific approval/consent of the Holy Prophet (Allah’s grace and peace be upon him). But the prohibition is for the ring itself and not for the Nagina or the stone, gem etc of the ring Nagina can be of nay stone, , , etc.

PROBLEM:- Electroplating of silver over iron ring is allowed, it also justifies the electroplating of gold on silver or any other ring.

PROBLEM:- The men wearing the ring should keep the nagina towards the palm and the women at the back of the hand, so that the Nagina as an embellishment should be visible.

PROBLEM:- A man can have his name engraved on the ring, as also the Holy Names of Allah and the Holy Prophet (Allah’s grace and peace be upon him). However the inscription should not be engraved/carved on the ring. This inscription was caved on the Holy Ring of the Holy Prophet (Allah’s grace and peace be upon him). On His Ring the word was carved in the first line, in the second the word and in the third line the Name were graved. The Holy Prophet (Allah’s grace and peace be upon him) has not allowed to carver this inscription or nay one’s ring. The engraving of human picture or of nay animal has also been prohibited.

PROBLEM:- The male ring should have only one Nagina on it, two or more stones are not allowed, similarly wearing of more than one ring has also been disallowed for menfolk as also the use of “Challas” metal ringlets. Women can use these Challas as well as more than two rings.

PROBLEM:- Use of silver/gold ring is haram for the boy/adolescents. Similarly the use of hina or ground mertle leaves made into paste and applied to hand/feet of boys is prohibited. The woman may herself use it but she will commit a sin if she applies to a boy.

COVER IN VESSELS AND ETIQUETTES OF GOING TO SLEEP.

The Holy Prophet (Allah’s grace and peace be upon him) has said that when evening sets in call your children inside the house and do not let them be out as at that time evil spirits of devils (satans) Jinns and other apparitions descend on earth and roam about hither and thither and pick up unway children or cast evil spells on them. These children may be allowed outside home after an hours or so.

Further commandments by the Holy Prophet (Allah’s grace and peace be upon him) in regard to utensils and precautions while going to sleep are.

After reciting `Bismillah’ tie the mouth of leather water bag (Mash’k or Mash’keeza).
Cover the utensils/vessels or put some hard object across the vessels.
Put off the (oil) lamps, (at times a rat or any crawling animal drags the lamp, upsets it and the house goes a fire), May Allah prevent such on eventuality.
Shut the door, The satan and evil spirits can not open the Mashk, nor the door nor the utensils.
It is reported that once every year comes a night in which evil spirits descend on earth carrying with them the cursed diseases and epidemics and enter the room and any other vessel if they open and unprotected and cause damage and destruction to inmates.
Neither a burning fire should be left in the house before the inmates to sleep. Hazrat Abu Musa Ashary reports that one night one house got burnt due to the fire kept unextinguished. On hearing the tragic new the Holy Prophet (Allah’s grace and peace be upon him) said `Fire is your enemy, put it off while you go to sleep.
When during the night you hear the sounds of barking dogs and braying donkeys, recite because at that (inauspicious) moment you do not (and can not) see. When these sounds come to a stop do not come out of your house, as Allah lets any spirit of His Creation scatter about on the surface of the earth.

ETIQUETTES OF SITTIN, SLEEPIN AND WALKING POSTURES.

It is said in the Holy Quran, LUQMAN said to his son, “O my son! do not twist and twirl your checks while talking to a person and do not walk on the ground in an arrogant manner. Verily, Allah does not like men who walk arrogantly, walk with modest (and moderate) measured steps, lower the pitch of your voice, indeed the most contemptible of all the voices, is the braying of a donkey” (Surah Luqman : Verses. )

Further summerised versions from the Holy Quran and the Ahadees is given below:

The Holy Prophet (Allah’s grace and peace be upon him) has said, `One should not be made to vacate his seat in order that the amn (doing so) him self occupies that place, move aside a little and make room for other.

If the man leaves the place temporally and comes back soon, he is entitles to his original place.

While sitting in the Masjid, the Holy Prophet (Allah’ grace and peace be upon him) raised both his knees up and held them with both hands, circling round the in(Knees). This is the sign of modesty and humility.

Hazrat Jabir report that after the morning prayers the Holy Prophet (Allah’s grace and peace be upon him) used to sit in squatting posture till the sun was clearly one.

When a man is in the Shadow, but when the shadow shrinks and sun rays creep in, he should leave the place.

To sit in a manner when the left hand is at the back and the face reclining on the palm of right hand, is to invite Allah’s wrath.

He said who ever after rising from a majlis (people sitting together recites these words, three times, Allah will forgive his sins and one who recites these phrases in the company of virtuous people, Allah will seal goodness for him as indelible or like the command which bears the seal of the supreme authority. These words/phrases are.,

(O Allah! You Are Pure, (I beseech You) With Your Praise. There is no one worthy of worship except You. I seek forgiveness from You and I am laying myself before You (for Mercy and benevolence).

He further said if people sat together for some length of time and dispersed without mentioning the name of Allah and offering salutation to the Holy Prophet (Allah’s grace and peace be upon him) then they did great harm to themselves. It is up to Allah to forgive them or do what He likes.

He has forbidden to keep one leg upon the other while lying on the ground on the back. However if there is fear of shame parts of the body being exposed (becomes of lose down clothing) then it is permissible.

To lie in belly side is the custom of those who will suffer punishment in He’ll.

He has warned against sleeping in open terrace which has no boundary walls or any obstruction from falling absent mindedly or for any reason. In that he will himself be responsible for the consequences.

while moving on the way, if women come in front, do not pass through them but move aside left or right (without confronting them).

PROBLEM:- A mid-day nap or sleeping at mid-day (Qitula) is permissible. It is Mustahab.

PROBLEM:- Sleeping in early part of the morning or in between Magrib and Isha is also impermissible (makrooh) while lying for sleep it is Mustahab that one should in clean and pure condition (preferably after performing ablution), lie down on right side for some time keeping the right hand under check facing Qible, then on the left side. While lying asleep he should imagine sleeping in being his deeds of the world. He should engage himself in the Remembrance of Allah, reciting Tasbeeh, verse, etc, till he goes in deep slumber.

On rising in the morning he should thank Almighty Allah for giving him new life. The man rises in the same state in which he sleeps and on the Day of Resurrection he will rise in the same state he lay in the grave. The prayer of thanks giving on rising in the morning is this.

(All Praise is due Allah Who gave us (new)life after our death (while sleep) and unto Him is the Rising (from the graves). While praying thus on rising in the morning he should resolve to live the day in virtuous deeds with out harming any one and usurping any one’s just right, nor will he harm any one the whole day.

PROBLEM:- After Isha and before going to sleep there should be as little worldly discussion as possible. It is preferable to confine the discourse at this moment on these issues (1) Religious discussion, (2) Avoiding frivolous talks. (3) Friendly talks of mutual interest as between husband and wife etc. Whatever the subject of mutual discourse be chosen, then end should be in the remembrance of Allah, thinking Him for blessings during the day and asking forgiveness for short comings.

PROBLEM:- Sleep undressed is undesirable especially when two men or two woman sleep on their respective bed’s, even if there is distance in them on the same cot.

PROBLEM:- When a boy or a girl reaches the age of 10 year they should sleep separately. The boy of this age should not share bed even with grown up men.

PROBLEM:- It is not advisable to pass through the land of others man without his permission. However, if there is no way through, then passing in it is not forbidden. As a principle, walking through a forbidden or restricted tract of land or way is not permissible, especially when the restriction is notified through a sign board or notice of working hung on the gate way or entrance.

LOOKING AND TOUCHING (PRIVATE PARTS).

The Quranic Version of observing and maintaining modesty and morality are as specific as they are binding. Here we are concerned with that aspect of modesty and morality which relate to looking at or touching parts of body which excite passion and lust and which in their wake lead to greater, more sinister acts of debauchery in human society. The following verses (reproduced in translation) are very specific on the subject noted above and dealt hereunder.

“And Say, (O Prophet!) to the believing women that they should lower their gaze and guard their modesty, that they should not display their beauty and ornaments, except what appear of their own, that they should draw their veils over their bosom and not display their beauty except to their husbands, their fathers, their husband’s father, their sons, their husband’s sons, their brothers or their brothers son, or their sisters sons, or their women, or the salves whom their right hands possess, or male servants free of physical need, or small children who have no sense of the shame of sex, and that they should not strike their feet on order to draw attention to their widen ornaments, And O You Believers! turn You all towards Allah so that you may attain Bliss.” (Surah N’ur(24): verse 31)

The Traditions (Ahadees) of the Holy Prophet (Allah’s grace and peace be upon him) are also equally emphatic in regard to the observance of these moral principles, which serve as guidelines and safety valves for guarding and maintaining modesty and chastity of women folk.

A summarized extract of these Ahadees is given below,

A women is a women (aurat) literally meant to be hidden (and safeguarded), whenever she comes out, satan spies and secretly peeps into her movements (It means looking secretly at a woman is a satanic act).

Allah curses the looker and the one looked at (woman) if men do so intentionally and the women do not cover themselves with due preconscious.

When the man is alone with a woman, satan is their third companion.

Avoid going to woman. Asked about husband’s brother, he replied husband’s brother (devar) is death, (as if facing and being with devar is inviting death, there is greats fear of danger in his company!).

Thigh (of both man and women) is an aurat or a thing to be kept hidden, O Ali! Do not look at thigh, neither of a living person nor of a dead one.

A man should not look at the private part of another man’s. Similarly, the woman should avoid doing so with another woman.

A man with another man, and a woman with another woman should not sleep without clothes.

A woman should observe pardah even before a blind man, because if the blind can not see her, she will be tempted to look at him.

It a woman remains with another woman (behaving freely) she should not tell about it to her husband in a manner so as to mentally give him a picture of her behavior.

PROBLEM:- There are four aspects of the subject under discussion

Man looking at another man.
Woman looking at another woman.
Woman looking at man.
Man looking at woman.

A man can look at every part of another man except those declared as of shame, name by from below the abdomen to below the knees. Which aught to be covered. If knees are open, the man should be warned. To keep the things open (bare) is to invite wrath of Allah.

PROBLEM:- When a boy becomes and if he is not handsome, he is within the context a man, and if he is handsome and attractive, looking at him is asking to looking at a woman, which is sinful. Temptation of kiss is sign of lust.

PROBLEM:- In regard to a woman looking at another woman, the same principles apply as are applicable to man looking at another man. A part from parts of shame, she can look at other part or another woman if it does incite passion.

PROBLEM:- A pious woman should avoid the gaze of a loose character woman, she should not remove the veil or clothing from her head and bosom, as she is to likely to speak about her before paramours. A muslim woman must not undress herself before a non-believing woman.

PROBLEM:- The job of mid wifery should be entrusted to Muslim woman as far as possible.

PROBLEM:- In regard to a woman looking another man it is like a man looking at another man provided she is sure that this will not arouse lust, and if there be the slight fear of this she should avoid looking at him.

PROBLEM:- A woman must never touch the body of another especially one of them is young, even if it is felt that this will not excite passion.

PROBLEM:- At times some so-called spiritual head ask their] woman devotees to press their hands and feet and bless them for their “services!” This is immoral and a source of likely sinning, with satanic inducements it becomes beyond control to fall into satanic temptation. The practice is manifestly unholy, un islamic and un becoming of a stranger whether or not he is spiritually qualified to be called a peer or mush id.

PROBLEM:- Looking of a man at a woman falls in different categories of situation (1) Man looking at his wife or slave girl (2) His looking at those relations who are Mahrams (haram for marriage according to Holy Quran to him. (3) Mans looking at a free (not slave) woman and a stranger (4) Man looking at the slave girl of some other master.

In regard to first category a man can look at every part of the wife (and slave girl) from top to bottom, within or without lust. In the same these woman (wife and slave girl) can look at every part of their masters person. However modesty demands that deliberate gaze at each other parts of shame should be avoided, it creates forgetfulness and also weaken the eye sight.

PROBLEM:- As for the woman termed as Maharaim to him, he can look at their head, chest, shin, writs, neck and feet provided there is not fear of lust excitement.

PROBLEM:- Among the Maharim, what ever parts he can see, he can also touch them, when there is no fear of passion rousing in any one of them. A man can also press the feet of his mother, he can touch her thighs when it is fully covered.

A man can kiss the feet of his mother. It is reported in the Hadees Sharif that to kiss the feet of his mother is like kissing the threshold of the paradise.

PROBLEM:- Traveling or remaining alone with a Mohramah is permissible when there is no apprehension of luscious inclinations.

PROBLEM:- As for the stranger woman, it is permissible to look at her face and hands, because these are often used in day to day dealings. More face and hands can also serve as means of identification whenever some evidence for against the woman is necessary. But to touch the face and hands is not allowed. This shows that shaking hands with women is permissible. The Holy Prophet (Allah’s grace and peace be upon him)look the allegiance (baiyet) from the women from the words of mouth (and not by holding hand as is done with the men baiyet !seekers).

PROBLEM:- Very old man and women can shake hands with each other and with others of the opposite sex, as they are usually past the age of passionate emotions .

PROBLEM:- Very small girls can be looked at and even touched. Looking at hands and face of domestic female worker is permissible but only as a matter of necessity other than lust or passion.

PROBLEM:- The woman with whom a man desires to enter into a wedlock (marriage) it is desirable that he see her as this lead to strengthening of their love after marriage. It is permissible according to Hadees Sharif. Similarly a woman also can see her future husband, but not with a feeling of lust and passion but to avail the permission granted in the Hadees sot that she may from her independent opinion for her future.

PROBLEM:- The part of the body which it is impermissible to see, can not be seen even it removed from the body, for example under navel hair of a woman or her hair.

PROBLEM:- If hairs grow on the lip or chin of a woman, it is permissible that she plucks off or their growth or present may not detract the husband.

PROBLEM:- Relations of hurmat (Mahrams) can live and sleep under the same roof, but separate from one another. But privacy is not permissible with the foster sister and mother is law when they are young. This is also the command in respect the adult daughter of the woman when she is from another husband.

SEEKING PERMISSION TO ENTER IN HOUSE.

PROBLEM:- When a person goes to the house of another man, he must first seek permission to enter the house. After permission when he goes in, he should offer salutation (Salam) to the inmates and then enter into conversation with the person or persons concerned.

PROBLEM:- While seeking permission if some one enquires about the caller, the latter must tell his full name, instead or saying “I”, which has no sense.

PROBLEM:- On receiving a negative answer to enter the house, the caller must not feel offended. He should return without any grudge of bickering in the heart. The man (owner) might be busy in some other important and more urgent work.

PROBLEM:- If one goes a house where no one is present to answer the call, then he should a general salutation saying,

Peace unto us and to all the virtuous servants of Allah. The angels will reply the salutation or he should say: Salutation and Peace to You, O the Prophet of All ( ) because the sacred soul of the Holy Prophet (Allah’s grace and peace be upon him) remains in the houses of the momins.

PROBLEM:- On leaving the house also salutation, (Salam) should be extended to the people of the house. This salutation is obligatory while entering or leave the house, even if there is any obstacle like a tree or wall etc in between.

WISHING PEACE OF EXTEND IN SALUTATION

The Holy Prophet (Allah’s grace and peace be upon him) has said that there are six rights of a muslim against another muslim, namely (1) When he falls sick, the other Muslim should go to him and enquire about his health ( and pray for early recovery, (2) To attend and accompany his funeral when he dies, (3) When he calls, the answer should be to visit him (4) To wish him Peace of Allah (salam) when he meets him (5) When he sneezes, he should pray Allah’s Mercy for him, (6) Wishing for his welfare and prosperity in his presence and absence. He has also said, `When a Muslim extends and presents salaam first, he gets preference in getting Allah’s blessings. Further commandments according to the Ahadees are.

When one meets his Muslim brother, he should offer Peace (salam). If any obstacles comes in between and they meet again, he should again offer peace.

The rider should salute the pedestrian.

The one walking should offer salutation to those sitting.

The fewer in number should salute those larger in number.

The young one should say salaam to his elder.

It is reported that once passing by the children, the Holy Prophet (Allah’s grace and peace be upon him) wished the youngsters the Mercy and Peace of Allah (salam).

Those sitting on the way should observe the rights of the way, namely (1) Keeping the gazes low (2) remove the obstacles (3)answer the salam (4) telling the people to do good to others. (5) forbid them going any evil(6) guide the wayfarer (7) listen to the distressed and redress his grievances (8) guide the man who has forgotten his way. He has also said, ` One who imitates others (non-Muslims and aliens) he is not from amongst us (or he does not belong to us), do not copy the jews and the christians. (The satam of the jews is indicated by fingers and that of the christian is through movement of hand).

PROBLEM:- Wishing salam means that the honour, respect, and life of the other Muslim brother is in his protection (He reads these thing as his own and protects then with equal care and caution) To deny them is haram.

PROBLEM:- Wishing good (salaam) should not be restricted to only those who are known. One should he equally generous to wish will to even those who are strangers. (The companions suet to visit the bazaars and other crowded places again, as they got opportunities to offer salaam to more and more people).

PROBLEM:- The answer to salaam should be prompt and on the spot, delay is which should not be redeemed by saying salaam, but he must forgive from Allah.

PROBLEM:- Answering salaam is Farz-e-Kifayah among the people if even a single person answers the salaam, it shall be as from all those present, otherwise all shall be guilty of neglect and liable to punishment in the Presence of Allah. Better it is that instead of one person, all should repeat the salutation.

PROBLEM:- Answering a beggar’s call at the door steps is not essential.

PROBLEM:- When two known man and woman meet the man should take precedence to wish the woman. A when a stranger woman salutes a man, the man should in a tone that she also hears if she an old and aged lay, and if she a young one, his answer should not fall on her ears.

PROBLEM:- When a man enters his own house, he must presence salaam to all the inmates, when passing by children, he should wish them all.

PROBLEM:- Answering salaam of non-believers is not necessary. The word “Alaikum” (to you the same) will be sufficient. However if he passes by the site where Muslims and Non-Muslims are many in numbers, then the salutation in full should be addressed, however keeping in mind that he intends Muslims as the recipient. To crown all this, if he recites the Quranic Verse (Peace unto those who follow the path of guidance) will behest as it includes all listener.

PROBLEM:- To wish salaam to a kafir is permissible only when there is danger of some harm if he does not do so. Other wise as a principle it is haram to wish salaam to a kafir, is not permissible, rather to offer respect and respect to a kafir is itself an act of kufir.

PROBLEM:- Salam is to wish blessing of Allah to the listeners. If therefore in a sitting in masjid or else where are already engaged in recitation of Quran and Durood etc. it is not desirable to divert their attention. It is not therefore that they should reply. However if a man is sitting quiet in the masjid, he can receive and answer the salaam.

PROBLEM:- If some one is engaged in recitations or otherwise engaged in religious or literary engagement or learning his lessons it is nilwise to divert his attention by wishing him a loud with a salaam Similarly, one should not offer salaam when Azan, Iqamat, Khutba of Friday or Eids in progress. Likewise when a scholar is addressing his audience who are all attentively listening to him, then the new comer should quietly sit down among the audience. He need not present the salaam.

PROBLEM:- Keeping are engaged in taking food. If some one comes at that time, it is not necessary that the people taking food should salute him.

PROBLEM:- A man who is known for suiful activities, being a debanchee, transgressor etc. He does not deserve salaam by the people. Similarly if a tyrant becomes nuisance for his neighbours and demands that he should given salaam and other kind of respect which would keep him pacified, then in order to escape harr treatment from people as a safety device may outward by present salaam to him. In such a situation compromising attitude becomes an unavoidable compulsion which becomes permissible.

PROBLEM:- When a salaam is conveyed through some one, it is essential for him to do so it terms between them are so friendly, and the man has agreed to convey the salaam. It is also obligatory for the pilgrims (Hujjaj) to convey the salaam to the Holy Prophet (Allah’s grace and peace be upon him)if people request him so.

PROBLEM:- In domestic friendly letters often salaam is conveyed to the relatives and friends through the addresses. An answer to this kind of salam is also necessary. First of the salaam should be conveyed to the persons concerned who are expected to give a direct spoken reply as also to convey their own salaam to the sender of salaam. A pious virtuous person waste not time in responding to the salaam conveyed to them. They speak out the responded as a moral lesson how important and blissful it is to receive and reply a salaam.

PROBLEM:- The salam should be conveyed in a reasonably loud voice so that he may hear and respond on the spot.

PROBLEM:- Some people bend their back while offering salaam. If bending is to the point of RUKU then it is haram, less then that is makrooh (detestable).

PROBLEM:- To say `Bandagi’ or `Adab-e-Arz’ or any such customary phrases instead of the clearly spelt salaam is impressible rather haram, because it is a clear violation of Islamic teaching. However the words/phrases like `Tasleemat’ or mere salaam. This can be tolerated because the roof or essence of these words is salaam or peace which is the real intention of Islamic teaching.

SHAKE-HAND, EMBRACING, KISSING (HAND) STANDING (IN REVERENCE)

The Holy Prophet (Allah’s grace and peace be upon him) has said that when two Muslims shake hands on meeting, there sins are forgiven by Allah even before they part company.

PROBLEM:- Shaking hands is sunnat and it significance has been emphasised in a number of Hadees. In one Hadees it is said when a Muslim shakes hands with another Muslims brother, all his sins fall off. This happens each time two Muslims shake hands with each other. It is Mustahab to shake hands with each other every time two Muslims meet.

PROBLEM:- Shake hands or Musafah means joining the palms with other mans palms, preferable of both hands, Merely touching fingers of one another does not Musafah (shake hand) which is often seen on busy pathways or in crowds. While shaking hands there should be no cloth or any thing in between hands.

PROBLEM:- Embracing (Mu’aa’naqah) is also permissible when the general condition is conducive to meeting without fear and with a feeling of affection between the two, when it is not likely to create a sensation of passion. The man with whom Muaaniqah (embracing) is done should be dressed which means bare chested embarrassing is not desirable. It is confined that the Holy Prophet (Allah’s grace and peace be upon him) has done embracing (mu’aa’niqah) with companions.

PROBLEM:- Mu’aa’niqah is common among fellow religionsts on the happy occasions of both the Eids as also on occasions of festive celebrations. Mu’aa’niqah is desirable among people of some age-group or grown up people. Adolescents or boys of raw age need not be embraced as a rule especially when they are not so familiar or known before.

Similarly, kissing of hands is also permissible but with a person of erudition and religious knowledge where the feeling of reverence and honour should be the prime motive kissing the forehead has the same motive behind it. Hazrat Abu Bak’r Siddique (May Allah be pleased with him) had kissed between the eyebrows of the Holy Prophet (Allah’s grace and peace be upon him). Kissing among the companions and their follower has also been reported. Which makes eventual kissing as a source of mutual love and respect.

PROBLEM:- Some people kiss their own hands after shaking hands with a religious dignitary. This is makrooh (un desirable).

PROBLEM:- Religious scholars and Just and kind hearted King of Islam can have their hands kissed by their devotees and admirer and this is permissible. It is also permissible that if some obedient follower requests the virtuous scholar to extend his hand or foot so that the devote may kiss them. The scholar is expected to oblige the request maker.

PROBLEM:- Prostration of reverence for any dignified personality is haram, even if it be as a matter of respect. When the prostration is done as a way of worship whatever the stands of the person concerned is an act of Kuf’r (blasphemy).

PROBLEM:- Bending at the time of meeting of some one (as a formality or as a matter of respect) is forbidden. Here bending means to the extent of RUKU in namaz.

PROBLEM:- Standing up by way of respect and honour for a religious dignitary is not only permissible but also appreciable when the person concerned is qualified for such a treatment.

SNEEZING AND YAWNING.

It is said by the Holy Prophet (Allah’s grace and peace be upon him) the sneezing is an act which is liked (and approved) by Allah,where as He does not like people Yawning or gaping. When a Musalman sneezes and says `Al’hamdo Lilah’ (All Praise is due to Allah) it is necessary for a Musalman to say `Yarhamaka Allah’ (May Allah have mercy on you). Yawning is inspired by Devil satan, therefore one should try to recheck the yawning as far as possible. When a man yawns, satan laughs at him and enjoys it, because yawning is a symptom of laziness and negligence.

PROBLEM:- It is necessary that when yawn begins or is about to begin one should put hand over his mouth.

PROBLEM:- In belch and sneeze the sound should be husband (not producing loud noise).

PROBLEM:- The answer of a sneeze is wajib when the man says `Al’hamdo Lillah’. The reply yarhamaka Allah should be prompt and audible. It the sneezer does not say Al Hamdo Lillah, then it no return reply is due.

PROBLEM:- If the man sneezes more than three times, the reply should be restricted to only three times.

PROBLEM:- When a woman sneezes, the reply is to be slightly audible if she is an old woman and which she should hear. If the woman is young, the reply should a subdued one, provided in both these cases the woman says Al-hamdo Lillah.

PROBLEM:- If during Khutba (sermon) some one sneezes, no reply is due.

PROBLEM:- If on sneezing a kafir says `Al hamdo Lillah’ the reply should Yah’deekallah’ (May Allah guide you).

PROBLEM:- The sneezer should say `Al’hamdo Lillah’ loudly so that all may reply. If however only a single man replies, it will be on behalf of all present.

PROBLEM:- If before the sneezer the listener says “Al hamdo Lillah”, then the latter shall remain free from the tooth-ache and ear, pain, in another Hadees it is reported that he shall be free from back-ache.

PROBLEM:- While sneezing one should lower his head, cover his face and subdue the sound. Sneezing loudly is foolishness. (Note: Sneezing while talking is the good omen of the man being a Just Witness (Shahid-de-adil).

PROBLEM:- Some people regard sneezing as a sign of ill omen especially before starting new work or going out on some business. This is all false. How can such a thing become bad or sign of bad-omen when it carries blessings from Allah.

SHAVING AND CIRCUMCISION

The Holy Prophet (Allah’s grace and peace be upon him) has said: Five things are among the Traditions of the Apostles of Allah;

Have circumcision
Remove the hairs below the navel
Trim the moustache
Clip the nails
Remove the hairs from under the arm-pit.

PROBLEM:- Clipping nails on Friday is Mustahab. However if nails have grown, one should not wait for the Friday. large grown nails are the signs of shortening of sustenances (livelihood).

METHOD OF CLIPPING NAILS

The clipping should begin the first finger of the right hand and end on the small finger. Then beginning with the small finger of the left hand, end with the thumb of the same hand. Lastly the nail of the right hand thumb be clipped. This means that the clipping of nails begin with the right hand and ended with the same hand.

While clipping the nails of the toes (finger of feet) it should began with the small toe (finger) of the right foot and end with the big toe of the left foot and with the small toes of the same foot.

PROBLEM:- Nail-biting is prohibited, there is fear of leprosy (as a sign of bad omen).

PROBLEM:- Mujahids (soldiers of Islam) while living in the territory of the enemy, they should grow their beard and moustache so as cause fear and awe in the hearts of the enemy.

PROBLEM:- Nail clipping every Friday is desirable if it may be inconvenient, then once in a fortnight. In any case, nails should not be allowed to grow more than forth days at a stretch.

PROBLEM:- Bathing once a week keeping the body and cloth her clean and removing the under navel hair is Mustahab, for all these Friday is the day of choice. To pluck the under hair is advisable for women (instead of using razor, blades etc) to pluck or remove the hair in the nasal is not welcome it cause disease.

PROBLEM:- Trimming hair (head) and clipping nail while one is sexually unclean (and needs bathing) is makrooh.

PROBLEM:- Eye brows when these outgrow may be trimmed. To shave hairs on chest and back is dot desirable. However hairs can be removed from hands,feet and belly.

BEARD AND MOUSTACHE

PROBLEM:- Growing beard is the tradition of the apostles of Allah. To shave it clean or less than a closed fists length is haram. However if it outgrows a fists measure, the excess can be trimmed.

PROBLEM:- To cut or pluck the arm pits hair of a girl child is a bid’at (a contemptible innovation).

PROBLEM:- To shorten the moustache is sunnat, so much that only a layer appears on the upper lip, According to another `hadees’ clean shaving the moustache is recommended.

PROBLEM:- Elongated hairs of the moustache across the edges of the lips on either side is not against the tenets. Rather the elders in the past used to keep the moustache of this fashion.

PROBLEM:- To tie up the beard is not permissible. This is the custom of sikhs, which is un Islamic. Now a days various fashions in the “maintenance” of the moustache are noticeable. This is deplorable and purely against the spirit and teachings of Islam obvious almost all the modern fashions emanate from the immoral and unseruputious west. To irritate of copy then is to underrate and demolish the grandeur of Islamic modes of character propounded and encouraged by Islam. This senseless rather shameless, imitation of the defiled European practices has snapped the glorious principles of Islam and Islamic society. The situation demands serious consideration of all concerned.

PROBLEM:- Things have degenerated to such an extent that even some reckless and unabashed muslim youths even not only criticize the keeping the beards, but even cut jokes and make fun of the simple minded Muslims keeping beard and openly ridicule and denounce this noble practice. Which afford manly look and spirit which is the essence of Islamic life. May Allah guide the misguided and put them on the right path. (Amin)

PROBLEM:- It is open for the man to keep the hair (of the head) in any manner he likes. He can trim shave and grow them part them or not keep them unparted, but there should be neatness, properly combed in order to give them manly grace and glory. The Holy Prophet (Allah’s grace and peace be upon him) has kept his sacred hair, some time duly parted and some time allowed to grow but to a reasonable limit, stretching upto shoulders or reaching the lopes of the ears, and he parted the hair in the middle of the head. However Hazrat Ali (May Allah bright his visage) often shaved his head.

PROBLEM:- Prolonging hair in the style of woman is not permissible often the so called `Pirs’ have long hairs hanging down the shoulders is very contemptible.

PROBLEM:- To pluck the grey hair or trim them with scissors is makrooh. Now a days many imitative innovations are in display used by men and woman alike most common of which is the use of bunch of artificials designed to match the common hair style. This bunch of artificial is known as `Wigs’. This is more popular among man who are their totally bald or have scanty number which is considered to be a thing of joke or an object of satire/taunt among the so called enlightened and will to do people, especially and the middle aged persons woman included.

PROBLEM:- It is matter of curse in the view of shariat laws if muslims woman cut their hair to copy the werter christian ladies. This not only spoil the natural beauty of there young women who look more boy like than the girls of their age.

PROBLEM:- Hairs either though shaving or trimming should not thrown to public view or thrown in the bathroom. These should be burred in the earth. Similarly the nail clipping may be placed some where but thrown in the way. “To throw these things in hamam (bath room or lavatory) is to invite ideas.

PROBLEM:- Four things are strictly to be buried and to be kept out of public gaze. These are

Hair
Nils
Dirty cloth piece soiled with menses blood
Blood.

The Interest Usury (Sood or Ribah)

The Holy Quran has strongly condemned the practice of promoting and adopting usury (su’d or riba) as a means of amassing unlawful riches. The warning is quite formidable as a deterrent. It is said,

“Allah has permitted Trade (commercial deal) and forbidden usury. Those who, after receiving Direction from their Lord, desist, shall be for given for the past. Their case is for Allah (to judge). But those who repeat (the offense) are companions of the Fire. They will abide therein for ever. Allah will deprive usury of all Blessing, But will give increase for deeds of charity. For He loveth not creatures (who are) un grateful and wicked (Surah Baqar(2) : Verse 275-276).

The Holy Prophet (Allah’s grace and peace be upon him) has also condemned the dealing with usury in any manner. He said, “The man who accepts usury, who gives usury, one who writes the document on usury and those who stand witnesses to it, are all condemned as accursed.” He has also said that though superficially the usury/interest gives increase in the wealth but in consequence and in the longer run it cause diminution/decrease in one’s assets.

PROBLEM:- Usury in all forms in absolutely haram and one who does not believe in usury being haram is kafir and one who knowingly as such does any sort of dealing involving usury is Fasiq (transgressor) and condemned as a witness. In an agreement of mutual deal between two (party/person) when one side there is excess and on the other there is nothing, then this is usury (Riba/Su’d).

PROBLEM:- A thing which is sold by weighing or measure when it is exchanged with a like commodity and if there be an excess (caused deliberately), it is haram. But when this exchange is between two unlike things and the deal is not on weight or measurement, then the increase or decrease is not usury.. The thing on which the question of usury is applicable is on the basis of measurement and weight of the like commodities.

PROBLEM:- When both the criteria i.e. the like commodities and weight/measure exist at one and the same time then excess or decrease becomes haram as usury known in fiqah terminology as `Riba bil Faz’l’. And if one side is the cash and on the other side is credit (debt), this is also haram (known as Riba bin Nisyah). For example when wheat is exchanged with wheat or with barley, then any excess or decrease is haram. Or when one person gives one thing then and there whereas the other will give his equivalent some time later. This is forbidden.

PROBLEM:- The thing about which, the Holy Prophet (Allah’s grace and peace be upon him) the excess in measurement has declared haram, it belongs to the category of deal by measurement and the thing in which excess in weight is haram is `deal by weighing’. After this Prophetic declaration, there can be no deviation or variation in the day to day dealings. If the common practice is not in keeping with this pronouncement. However where specific command of the Holy Prophet (Allah’s grace and peace be upon him) is not available the commonly accepted procedure can be accepted as valid.

PROBLEM:- A thing of weighing categories if exchanged with a measurable commodity should be of equal worth even if there is difference in weight or measure.

PROBLEM:- In Shariat the least measure is half s’a. If any thing which is less than half s’a can be exchanged with another thing even if there is slight difference in their measure if they belong to the kind of produce.

PROBLEM:- Wheat, barley, date palm, salt or any other commodity which should be sold by measure according to practice under Sahariat Laws, if they sold by weight (as is the general practice in the market) this is permissible.

PROBLEM:- A fish can be exchanged with where fish is not sold by weight. However if fish is sold by weight then the two lumps of fish should be made equal in weight.

PROBLEM:- Fresh dates can be exchanged with dry dates if they are in measure, weighing in this respect in not reliable. This principle applies when dealing fresh fruits with dry fruits.

PROBLEM:- Wet wheat grains can be exchanged with dry wheat grains in equal measure provided the wet wheat is dried and then measured. Milk can be sold in exchange of cheese with modification in their measure.

PROBLEM:- Wheat grains can not be exchanged through equal measure with the floor or sattoo or the exchange of sattoo with floor is also not permissible, though if there be long to the same group of grains, even if they may be equal in weight.

PROBLEM:- In things where equality is the condition for the deal being valid, it is necessary that the knowledge of equality should be mentioned as the time of agreement of deal. If the deal is conducted without the knowledge of equality it will not be in order even if the commodities have correct proportion.

PROBLEM:- The deal of wheat in exchange of wheat was done but the possession on both side did not take place. This is permissible. Commercial deal of grains with its like kind or different kind (of grain) taking possession is not necessary, but this is permissible only when both sides are known to each other.

PRECAUTIONS AGAINST USURY.

Offering and accepting usury are both Haram in Islam. There is condemnation for both in the Tradition (Ahadees) of the Holy Prophet (Allah’s grace and peace be upon him). At the same time it is necessary that we should avoid circumstances where by we may be forced to give usury/interest. However, if any just and binding necessity where money can not be obtained except taking loan with usury/interest as a compulsory condition, we must try to find and ways and means whereby we can avoid prying/giving interest as far it is possible. We present certain precautionary measures which would give us some relief from this unavoidable curse, keeping in view that by doing so the lender should also receive some benefits in the form other than plain usury/interest. It will only involve some change in the modalities of transaction which will ensure gains without resorting to unlawful and haram practices.

Note: At times there are situations in which there are superficially little or no difference between profit (nafa) and usury (su’d), through a slight change in the method or mode of deal. To illustrate this, we take some example narrated in the Ahadees (Tradition) of the Holy Prophet (Allah’s grace and peace be upon him),

(1) It is reported that the Holy Prophet (Allah’s grace and peace be upon him) sent one companion at the governor of Khyber. He brought some nice dates from Khyber and presented them to the Holy Prophet (Allah’s grace and peace be upon him), inquired if all the dates of Khyber are of this nice and high quality. He said in negative and added `We exchange two s’as of ordinary dates with one s’a of these high quality of dates and for these s’as we take two sa’s of these dates. The Holy Prophet (Allah’s grace and peace be upon him) forbade to do so. He told him to sell the ordinary dates and with money so received he should purchase quality dates. He said to observe this principle in all deals where exchange/transaction is does through weighing.

(2) Once Hazrat Bilal (May Allah be pleased with him) brought some (nice) dates and presented them to the Holy Prophet (Allah’s grace and peace be upon him). He asked Hazrat Bilal from where he got the dates. Hazrat Bilal replied `I had some old dates at home exchanged two s’as of old dates with one sa’ of fresh dates. The Holy Prophet (Allah’s grace and Peace be upon him) replied, “Alas! This is all usury (riba). Do not do so. If you want to buy these fresh dates, First sell our own dates and with amount buy the fresh dates. (Saheehain – Muslim – Bukhari)

From these Ahadees it is clear that the intention in each case to get the good quality of dates. It is the mode of dealing that make all the difference. If we exchange old date with fresh dates, it becomes usury/interest (Riba or Su’d) which is forbidden, but if we sell our old date and purchase the fresh dates, it is permissible. Here we present some instances which illustrate avoidance of taking interest, these have been suggested by the scholars of Islam.

PROBLEM:- A man had to receive Rs.10/- as loan/debt. He bought a thing worth Rs.10/- from him the debtor, took possession of the thing and after some time he sold the same thing for Rs.12/- at the hands of the same person on promise of payment at a fixed date. This made the man richer by two rupees. This is his profit (which is permissible) and the interest or su’d (which is forbidden).

PROBLEM:- A man demands repayment of his loan/debt. Which the latter to is unable to comply, but he sold his some thing for Rs.100/- to the loan given, who it look possession of the thing. After wards the loan taker bought the same thing at Rs.110/- with the promise of payment after a year. This transaction is valid.

PROBLEM:- A loan seeker sells a thing to the money lender for Rs.13/- on the promise of 6 months and gave him the possession, but the latter sells the same thing to a stranger who after doing Iqalah sells the same thing to the loan seeker for Rs.10/- and got the money, with the result that the money seeker gets his thing and the money lender gets Rs.10/-, but at the end the loan seeker becomes a debtor of Rs.13/-.

PROBLEM:- There is yet another way to avoid su’d (usury). Suppose a man asks his friend Rs.10/- as loan. He does not lent the money but suggest that he should buy a thing from him for Rs.12/- and sell it for Rs.10/- in the market and thus his needful will be done. The clever man sold that being for Rs.12/- which brought him profit and the deal is also in order from any su’d.

THE RIGHTS.

The subject matter discussed under this caption are more imaginary than real. The situations mentioned relating parts of residential accommodation/out house/extra structures, passages through the building are non-existent in the modern living. Similarly these will be of real information/knowledge to persons studying Laws of Shariat through the medium of language other than Urdu.

BAI-E-SALAM.

PROBLEM:- Commercial dealing consist of four phases, (1) on both sides are (2) on both sides are price of thing under deal (3)on one side is and on one side price of thing

This is known as (4) when on both sides is price of thing, it is known as . In the 3rd phase where on one side is and on one side is price of thing, there are two sub division namely where the object of deal is necessarily to be present is known exact deal ( ) and where the payment of price of the thing is instant, it is known as

In the deal the thing which is to be purchased is a liability against seller and the buyer pays the cost price of the object on the spot and the amount j(rupees) which he hands to the seller is known as and and the other is known as and the price is known as .

The part of absolute deals are also in the deal. The presentation of offer and its acceptance are also necessary in the agreement of deal. There are certain conditions in the

which must be fulfilled. These are,

(1) In the agreement there should be no right of choice (Khayar-e-Shart) neither for both nor for one.

(2) In the cost price the nature of currency should be specified.

(3) The nature and denomination of currency extant at the place of deal should be mentioned clearly.

(4) Description of currency especially of coins, counterfeit as well as real is to be stated.

(5) The price/cost of the object of dealing in exact number of and evaluation will be mentioned, merely pointing towards a lump of currency etc will not be enough. If the object of deal are to be paid at different rates/measurement etc, then the nature of cash object, it number (if countable), measure/weight and the total cost against each must be clearly mentioned in the agreement.

(6) In the same meeting of agreement the possession of the capital (cost or price of the object) must in to effect in favour of buyer (Muslim Elahe).

PROBLEM:- The basis features of perfect deal of sale (Bai-e-Salam) is that the buyer shall become the owner of the price of the object and shall become the possessor of . When this agreement comes into effect and the presents the in time then has to be taken. However, if the thing is against the agreed terms then the will be forced that the thing on which has taken place should be presented.

PROBLEM:- can be accepted on the condition that the quality/quantity of the thing in the deal should be clear and definable, whether it is of the measure/weighing or countable in number category.

PROBLEM:- To strike a deal in respect of thing which has not been produced is not correct, for example, the fresh crop of wheat unless it is worthy of sale, is not permissible.

PROBLEM:- Things which are sold in numbers, (dozen etc) if their size and weight be also mentioned if permissible.

PROBLEM:- is not permissible in live stocks (animals), in slave or slave girl, cattle or birds, even in birds of similar, shape or size etc, for example pigeons, dove, and sparrow.

PROBLEM:- can not make any alteration with having paid the cost before and can not make change in the , for example he can not enter into deal of any kind what so ever. If gives the as a gift and he accepts it, then it will be taken as an iqalah of the deal and not a gift. In that event the amount will have to be returned.

PROBLEM:- To offer any thing else other than agreed in the transaction. For example, if the deal refer to the currency of rupees for payment of the cost, to offer Ashrafi or any other currency will not be in order.

PROBLEM:- To give any other thing in place of the agreed article of deal or take any other thing is not permissible. However if the offers any better which was agreed in deal then can not refuse to accept it. And in he offers any thing of lower quality, he can refuse it.

ISTISNA’A (Making, Manufacturing any thing)

Some times it so happens that a worker or craftsman is asked to make or manufactures a certain thing or things according to desired design, within a given period. If the period is not less than one month, then it is and all conditions which are applicable in such a deal will be observed, without considering any stipulation if this is according to extant culture or fashion. It shall only be seen that the deals conforms to the conditions applicable in such a deal. If there is no fixed time or less than a month then the Istisna will be in order. And thing which is out side custom, fashion as far as Istisna is concerned, then it will not Istisna to be treated as .

PROBLEM:- There is difference of opinions among the scholars whether Istisna is a commercial deal or it comes within the purview of promise. The latter (promise) is a thing not existing at the time or order. Some regard as a deal because a definite agreement with all relevant details of a valid deal. The worker or craftsman brings the manufacture good thus presenting the object of deal in fulfillment of the agreement.

PROBLEM:- The ordered thing shall become the property of amn only when it comes in finished form. The manufacturer can also give the thing to other man for better return. However once he enters in an agreement, he can not decline to complete it.

MISCELLANEOUS PROBLEM OF COMMERCIAL DEALS.

Earthen clay toys making cows, buffaloes, elephant, horse and clay toys meant for children should not be purchased, to do so is not permissible. These toys are also of no value and if some one breaks them, there is no compensation due against him.

PROBLEM:- Live animal such as dog, cat, elephant, panther, hawk, eagle, their deal is valid. Hunting animal/birds whether trained or untrained, can be bought and sold. Biting dog is not fit for training and its deal is also not allowed.

PROBLEM:- To buy (tame) monkeys for frolics and fun is not allowed and to play with for this purpose is also haram.

PROBLEM:- To keep dog and tame it to protect domestic animals, agriculture field watch and guarding the house and inmates and for hunting purposes is permissible. To keep dog for purpose other than these is not permissible. Even for these purposes dog should not be kept in side the house except where thieves/robbers are to be warned.

PROBLEM:- All sea/water creatures except fish can not be used for commercial deal, they include frogs, crabs etc insects living in earth holes, rats, musk-rats, lizard, chameleon, scorpion, ants their deal is not valid.

PROBLEM:- Non-believers including Zimmis have to follow Islamic Laws in respect of commercial deal. However if they deal in wine (liqueur) and flesh of swine, the Muslims authorities will not object provided they do not do so openly and freely.

PROBLEM:- If an non-believer buys the Holy Quran or any other Holy Islamic Books he shall be persuaded to make them over to a Muslim on payment of the price.

PROBLEM:- A man buys a thing but does not take its possession nor pays the price and disappears, but is known to be residing at a certain place. It is not open for the Qazi to sell the thing and received the price. If however his address is not known and if he later proves his deal on the strength of witnesses, then the Qazi or his assistant can sell the thing and pay its price (to the seller).

PROBLEM:- The widow pays for the coffin shroud of her deceased husband or some from his survivors pays for the shroud. If the shroud is of the required quality, the buyer can take the amount from the inheritance of the deceased. However if some one else pays for the coffin (and other funeral expenses) he will not receive from the inheritance. It will be an act of pretty and virtue of new era from the Divine.

PROBLEM:- Some one earns money through haram means or takes the money by force and purchase some thing. Now there are certain factors involved (1) He paid the same amount as price (2) taking this haram money in view he purchases the thing and pays the price from this money (3) bought the thing from unlawful amount but pays other money (4) without fixing the money in mind he simply order to give the thing from this amount (5) bought from the unlawful money but paid other money (i.e. not unlawful). In the first condition the deal is not halal for the buyer and the profit from is also unlawful. In the other three conditions the deal is valid or halal.

Warning: What thing becomes unlawful (faisd) in account of pre conditions and what does not makes it so and on what things can kept suspended upon condition or otherwise depends upon the following principles or formula.

What a thing is exchanged with another thing, it shall become unlawful/faulty with a faulty condition as a deal becomes unlawful what faulty or defective or improper conditions a re brought to bear upon it. And the thing is not to be exchanged with another material thing, the deal shall not be impermissible on account of improper condition placed on it whether the material thing it to be exchanged with a non-material thing/object (e.g. Nikah, Talaq (divorce) and Khula in exchange of money), or if they pertain to deeds of virtue (eg. gift, will). In those affairs the imperfect conditions themselves become in applicable, or the debt if it is end in a shape of exchange (which is normally is not the situation) but since its motive in the beginning is on a note of virtue, the imperfect condition will not make it imperfect or unlawful.

The other principle is that the thing or affair in which the primary condition is securing possession (Tamleek) or making it binding (Taq’eed to imprison) they can not be made subject to conditions. For example in respect of having possession (Tamleek) we can quote the incidents of business deal hiba (gift) monopoly, Nikah, consent or confession (Iqrar).

In respect of Taqeed (to exercise option) in respect of some existing agreement, in this respect the right of a husband to resume matrimonial, in the light of Quranic permission, with the wife whom he has given Talaq-e-Rajee, To cancel agreement with a court advocate (with a view to appoint another one in his place), to with hold or withdraw privileges and concessions due a (bought) slave, (other postulates are purely presumptive or dialectical, hence skipped over).

Further example of imposition of faulty conditions which the business deal nul and void.

Making condition for fulfillment of agree. A man under debt if he imposes condition that he will pay the debt. This conditional willingness is not valid.

Agreeing on oath as a condition to do a certain job is not binding.

Tahkeen conditional for emulation of group of persons to decide a issue in not valid.

There are certain things/affairs which in spite of faulty condition remain in tact.

There are (1) debt (loan) (2)presents or gifts (3) Nikah (4) Talaq (divorce) (5) Khula (divorce through wife) (6) charity (sadaqah) (7) (8) pledge, pawn (9)

(10) Will (wasiyat) (11) partnership (12)

(13) (14) riches ( ) (15) (16)

(17) (18) (19) (20)permitting slave to trade and many others.

BAI-E-SARF
(Deal or exchange of price in one currency with price in other currency.

The word `Sarf’ specifically in transaction deals for price, cost, wages or return of labour, while the term `Bai-e-Sarf’ stand for a deal in which the price is sold (exchanged) with a price, in other words, the exchange or deal of a thing with a like thing in relation to currency (as a cash) with another currency (in commodity), for example, buying silver or silver coins of smaller denominations or buying gold with guinea (ashrafi). Some times it is the exchange takes place with an unlike commodity for example, to buy gold or guinea with rupee.

PROBLEM:- The word saman (price, cost etc) stands in the common sense the thing with the help of which things can be purchased and it is used for this very purposed and meant for the specific purpose. It may be a natural prof produced (gold, silver, minerals etc) or designed by man (gold guinea, jewels etc).

The other kind of saman brought in the market as exchange units. If we call the first category as natural or created (Khalqi) the other kind of saman is artificial or in allegorical sense as human designed (or Ghair Kahlqi) eg. paper currency, small change coins.

PROBLEM:- When a silver is exchanged with silver or gold is exchanged with gold (in both cases the medium of exchanges is like commodity), it is necessary that they should be of equal weight and the deal should be conducted in the same sitting with the possession being given to each party of deal.

PROBLEM:- In the deal of mixed commodities of like nature there can not be a choice of selection. It means that permissible that in the event of mixed deal containing lumps of genuine and counter feit ones, all the genuine article be placed at one side though in small quantity and equated with the counter feit articles on the other side in a larger quantity. (The genuine and the counter feit can not be equated irrespective of the quantities offered in exchange.)

PROBLEM:- In a deal involving commodities of different nature and quality their weighing is not necessary, because weighing is necessary only when equality of thing in weight is the criterion. But in such a deal it is essential that the possession of commodities (articles of deal) id given to both the parties in the same sitting, if the sitting is dispersed before the possession, the deal will become invalid.

PROBLEM:- Bai-e-Sarf (exchange of price in one currency with price in other currency) is not valid through promise or through correspondence as in both the cases the possession of the respective parties is not possible in the same sitting.

PROBLEM:- If the Bai-e-Sarf correctly takes place then the exchange mediums on both side can remain undetermined in terms of nature and quality, for example, a rupee can be exchanged with any other rupee provided it is genuine, the presentation and acceptance this can take place as a valid deal.

PROBLEM:- IF the deal of Bai-e-Sarf the imposition of Kharar-e-Shart (right of choice) renders it nul and void. Similarly, if from any side the time for payment is proposed (as against on the spot) the deal does not remain in tact. However, if in that very sitting, the right of option (Khayar-e-Shart) and time for payment are withdrawn, the agreement of deal will become valid.

PROBLEM:- If in the deal of gold – silver any side proposes payment on credit, the deal becomes faulty. Unless the person desiring payment on credit pays the full amount before dispersing.

PROBLEM:- In making purchase of nay thing of gold and silver, the buyer has the right of finding fault (khayar-e-Aib) and the right of examining its quality (Khayar-e-rujat). There is no khayar-e-rujat in the deal of rupee – gold guinea, but there is khayar-e-aib.

PROBLEM:- Unless the buyer takes the possession of the thing, he can not make any use of that thing. If he gives the thing as a gift or sadagah or forgives the entire cost and the other person accepts it, then the Bai-e-Sarf becomes invalid.

PROBLEM:- The silver which is used in the sword as an alloy should be less in cost than the silver to be paid as a price of that sword. The relative cost of both (the silver in the sword and the one to be paid as price) should be carefully examined to make the deal valid and avoiding as a deal of unlawful gain or su’d.

PROBLEM:- If there is dirt in gold and silver and the metal as such is dominant, then the thing will be assumed as of gold or silver, and if they are sue as medium of payment for any object of gold and silver, then the balance on both sides should be equal in weight. Also in the matter of debt/loan their weight will be the criterion.

PROBLEM:- When alloy in the gold and silver is dominant, then it can not treated at par with the real gold and silver. If this alloy is uses a medium of price of a thing made of gold/silver then the quantity of gold/silver should be made equal to that in the alloy. Otherwise the bai-e-sarf will not be valid.

PROBLEM:- The rupee coins in which the element of alloy is dominant, their use in the matter of deal and debt/loan is permissible as by weighing or counting numbers. If the system is that of weighing the by that method (weighing) and it the system through counting (in number) then it should be employed.

BAI-E-TALJIAH (FEIGNED OR DECEPTIVE DEAL).

PROBLEM:- When a man wants to undertake a deal with some person, but fears that if his plan is out some other (whom he knows)will snatch away the thing by force which he can not resist. He will arrange a feigned deal with the buyer, but in reality it will be just a show. HE will also arrange witnesses to this effect. For Bai-e-Taljiah it is necessary that the must speak out his mind before other persons, merely thinking in wanting the deal will not be complete, although Taljiah is at heart only a joke, a buffoonery.

PROBLEM:- By implication `Taljiah’ deal is a `suspended’ deal. It can be turned into a real deal id the parties concerned so desire. If they refuse it, the deal will stand rejected or cancelled, when such an situations is part of the agreement. In the event of the deal being Taljiah or other wise, the matter shall be resolved by producing evidence on either side.

BAI-UL-WAFA (DEAL OF COMPROMISE).

This also known as BAI-UL-AMANAT, (deal of Trust), BAI-UL-ITA’AT (deal of Fealty) and BAI-UL-MU’AMLA (deal of Mutual Affair). The basic or fundamental under standing between the buyer and the seller in this deal is that when the seller returns the price of the thing (in deal) to the buyer he will return the thing to the seller. This may also be used in taking and returning the debt/loan within the stipulated time.

PROBLEM:- Bai-ul-Wafa is in essence a kind of ;ledge or pawning a thing on certain conditions. The thing is pledged by way of deal so that it may be used as a commercial enterprise to earn profit. Which will be equally distributed between the pledger and the pledge.

If the thing pledged is lost or destroyed, then the amount due against the pledger will also lapse provided the due is equal to the amount of debt.

PROBLEM:- The affairs involved in the Bai-ul-Wafa are of complex nature as also opinions of the scholars are of varied nature.

MUZA’RABAT

This is in a sense a partnership in a business or commercial transaction. In this partnership on one side is the finance (capital) and on the other side is the labour or skill to undertake agree business. The person who supplies the finance is called the and the one who undertakes the work of running of business through manual and skilled labour is called `Muzarab’ ( ), and the finance supplied by the owner is known as or capital. If according to agreement the whole of the profit is to be given to the owner/capitalist, the process is known as and if the entire earning is to be given to the worker, then it would be (loan).

In the modern business, the association of capital and labour has become the necessity. Neither the capitalist nor the labour/worker handle the growing business enterprise on his own. The worker needs financial assistance to earn his livelihood by engaging himself is some skill cum- manual pursuits. The capital too can not increase by remaining idle at home or in the bank. The institution of Muzarabat in the ever growing commercial transaction is thus of great help and profit to both the partners in Muzarabat deal.

PROBLEM:- There are some conditions in the Muzarabat.

(1) The capital should be in the form of price i.e. money or exchangeable currency, but not of the nature of assets or the articles as such. However articles can be sold and with the price so received the process of Muzarabat can be undertaken.

(2) The capital should be present and noticeable. In the event of difference in the quantum of capital at the time of distribution of profit the matter should be resolved through the process of witnesses and evidence.

(3) The capital should be an absolute reality as such, duly calculated and computed, known as hard cash, not in the from of loan or document of loan/debt.

PROBLEM:- By selling anything and with the amount so received as its price and utilizing the amount as capital or part of capital is permissible. The amount kept as trust with any one or the amount forcibly taken by some can be utilized as Muzarabah by agreeing to divide the profit 50-50 is also permissible.

(4) The entirement of capital (to be utilized in Muzarabah) should be made over to the worker and the latter should have complete possession and control on the capital, free from all interference by the capital owner.

(5) The profit should be divided according to agreed formula, 50 – 50, 1/3 – 2/3, 1/4 – 3/4. The ratio of the profit should be definite and not subject to any kind of provision.

(6) The share of each one should be known and specific and free from all ambiguities likely to crop up now a afterwards.

(7) The giving of profit to the worker should be binding on the person investing capital in the Muzarabah. If the profit is partly given from the capital or party from capital and partly from the profit, then the Muzarabah will be nul and void.

PROBLEM:- The Muzarabah implies that when the capital is handed over to the worker (Muzarib) his position becomes that of a trustee (Ameen), and when he starts working be assumes the role of a vakil (guardian of interest) for both side and when earning /profit becomes the partner (shareek).

PROBLEM:- The loss in the Muzaraba is the liability of the capital supplier (Rab-bul-M’al). However, if is desired that the loss should be borne by the worker and not by the financer, then they will have to the procedure as under.

The financer should treat the amount as loan to the worker and add to it one rupee as a token of partnership Now both will work together and will share equal profit. If the loss occurs the loss will be of the worker who after taking the entire capital as loan becomes the finance owner. The loss of real financer will be only one. Now he can receive the debt which has become due against the pseudo financer, i.e. worker.

PROBLEM:- If Muzarabat becomes nul a void. It is converted to monopoly which means that the worker (as a partner) will not get the share in the profit, but he will receive the wages proportionate to his labour, whether or not there is a profit in the enterprise. However the amount of his wages shall not exceed the profit that he would get if the muzarabah had continued.

PROBLEM:- In the event of the Muzarabah but inoperative, the sum of money that remains with the worker, is like a trust (amanat) with him. If some loss occurs, then as an ammen (trustee) the compensation will not lie with him, in the same way as in the regular and valid Muzarabah there is no question of compensation for any loss.

The worker gives an amount to some one and receives the entire profit to himself (as the owner of the capital), Here too the capital is an trust with him and as such if any loss occurs there is no compensation or guarantee payable.

PROBLEM:- The worker will not undertake a work which involves physical injury nor engage himself in a work which the business men as a practice do not undertake, nor allow time limit to others which the businessmen do not deal. If there is a partnership of two worker to work jointly, then one of them alone can not do any business of buying, selling unless he gets approval from his colleague.

PROBLEM:- In the event of an irregular or faulty deal any thing purchase becomes the property of the buyer, this is not an act of opposition and deal will still be called Muzarabah. If however the thing is purchased with deliberate intention of fraud or usurpation (Ghaban-e-Fahish), then it will an act of (clear) opposition, and this thing will be the property of the worker even if the owner (supplying finance) allows the worker to use his discretion. If now the worker sells the article with intention of deliberate fraud, his act will not be deemed or opposition.

PROBLEM:- If the capital supplier (finance) imposes conditions upon the worker (the other partner of Muzarabah) in respect of the city (place), time or the nature of business, then it becomes binding on the worker to abide by it. Further, if the financer restricts deal to some definite person as seller or buyer, the worker can not defy it. although he did not mention these restrictions at the time of agreement or handing over the amount to the worker or added then afterwards.

PROBLEM:- The worker enters into an agreement with person with whom his evidence is not reliable, for example, his father, his son, or his wife. If the deal in such as case is of a moderate nature, it is permissible, otherwise not.

PROBLEM:- In the event of death of any of the two partner the Muzarabah becomes in operative as also when any one becomes mad. If the article are in the shape of business, and if the worker dies then the exactor of his (wasi) can sell the entire lot of articles. If the owner (financer) dies and the commodity of deal is in the shape of cash amount, then the worker can not interfere and if the deal is of physical nature, he can not take it in his travel (out side). He can however sell it locally.

PROBLEM:- If the worker dies and it is not known where the articles of deal are, then the article in his possession prior to his death will be deemed as debt/loan against the deceased and it shall be recovered from his inheritance.

PROBLEM:- The worker dies and there is debt outstanding against him, but the articles of Muzarabah are known and as such the creditors can not claim repayment of their debt. The capital and the profit will go to the financer. The creditors can get repayment of debts from the share of the profit due to the deceased worker.

PROBLEM:- In the deal of Muzarabah the loss and or destruction in the capital is adjusted to wards the profit of the Muzarah. There is no consideration of loss in the Muzarabah. For example, the capital of Rs.100/- (on earlier time, this was considered an assets/capital. Time has much changed since ! Translator) if the profits is Rs.20/- and the loss Rs.10/- then this loss will be adjusted (recovered) Towards the profit and the net profit shall be deemed as only Rs.10/-. However if the loss is so much which the profit can not fulfill, IN this case the loss will be taken as in the capital. Half of the loss (50-50) can not be recovered from the worker, because he is the Ameen (trustee) and there is no compensation against the ameen, even if the loss has occurred from the worker. If however the worker does some thing deliberately which causes loss, then the loss shall be recovered from him because his action was not authorized in the agreement.

PROBLEM:- The process of distribution of Dividend/Profit will take place after returning the capital of the financer of the Muzarabah. To distributor of profit before returning the capital in full to the owner will be invalid and unjust. Supposing the capital is lost, then the shortage shall be compensated by withdrawing the amount from the profit to complete the amount of capital invested in the Mozarabah. The remainder of the profit should then be distributed.

PROBLEM:- In case of dispute between the owner (financer) and the worker in respect of quantum of profit fixed/unfixed in the agreement the issue shall be decided by the Qazi (court of Islamic Jurisprudence) on the strength of the witnesses form both the sides. However weight age should be given to the owner of the capital when the dispute specifically relates to capital employed and utilized in the Muzarabah, without the capital/finance the Muzarabah as such has no “locus standi”.

PROBLEM:- The guardian/executer of the will on behalf the minor inheritor takes and utilize the amount by way of Muzarabah. This step is held valid by the Ulema who would like to add one more stipulation in that the world take only that much profit as he would have given to other person.

PROBLEM:- The worker buys something from the capital of the Muzarabah, but he is not inclined to sell the thing right now. This he would do when greater profit is coming forth. But the owner insists to sell the thing if on a small profit. the worker will have to comply with the owner plea, However if the worker pleads that a later date he will return the capital alongwith a larger sum of profit. The owner, in that case, would be compelled to do as the worker proposes.

Undesriable (Makrooh) Deal

The word `makrooh’ literally means thing which is detestable or undesirable or that which arouses aversion. According to laws of Shariat any deal or transaction which evokes aversion is forbidden and one who carries out such a seal commits sin. This deal is purely sentimental depending upon the moral or religious reaction. Legally such a deal is not invalid and as such it can not be a part of agreement declaring it unlawful. There at the lower level it is below faulty or irregular (Fasid). Some scholars of Islamic Jurisprudence (Fuqaha) are of the view that a `makrooh deal’ should also cancelled like a faulty (Fasid) deal. The difference between `Fasid’ and `Makrooh’ deal is that in the case of former (Fasid) if the partners in the deal do not cancelled it (Faskh), the Qazi can decree for its annulment and in the latter (Makrooh) deal the Qazi can only emphasis the moral decorum for its cancellation, but he will not declare it as null and void in the legal sense.

PROBLEM:- Withholding or hoarding food grains with evil intentions to sell it at higher and exorbitant rates in the days of scarcity due to drought or floods, cyclones etc (In Shariat Terminology known as Ehtikar) is forbidden and an act of severe divine displeasure and*wrath.

PROBLEM:- To store and hoard grain produce of one’s own land is not hoarding in the penal sense nor it is forbidden. However if the intention behind hoarding is profiteering and earning immoral riches, then this very hoarding becomes curse. If the hoarders are intentions and activities become known and the people are in dire need of food grains facing near, famine conditions, then in such a situation the Qazi can force the hoarder (s) to release the food grains for the people or suffer hard penal punishment in default.

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*: According to Hadees Sharif, the ho-ardor of grains, with evil intentions to sell it higher rates has been condemned as one on whom curse of Allah befalls. The Holy Prophet (Allah’s grace and peace be upon him) has said that the hoarder shall be afflicted with abdominal deceases such as leprosy, extreme poverty. The angels and the righteous servants send curses on the hoarders.

Ehtikar (hoarding) can also be in eatables, such as dry fruits as wells as the grass and fader which are the food meant for the cattle and other pet animals. Fixing of high rates is not the prerogative of selfish man. Allah the Almighty cause abundant growth of food grains which means the prices of these commodities must be within the reach of every needy person. High prices do not enable the poor people to purchase them.

PROBLEM:- Fixing of prices as legally binding by the government agencies is not correct. The government or its functionaries can however advise to the dealer in food grains to adopt a reasonable standard of food prices, especially in circumstance when the deals / land lords have fixed exhortitave prices of food grains, which are beyond the reach of common man.

UNAUTHORIZED INTERFERENCE IN DEAL (BAI-E-FUZ’ULEE)

This is a intricate kind of business behaviour when some one not directly involved in the transaction happens to possess powers to interfere in the object of transaction in the rights of another person without the permission of the latter. Such a person is nicknamed as FUZ’LEE in the business deal. The strange fact is that this kind of self indulgence becomes regularized at the instance of the person who can declare it as in order (Jaiz). For the sake of common understanding we shall call the self indulging person as FUZ’ULEE and the person who declares/permits in indulgence (Tasarruf) as in order MUJAIYIZ (one who declares as Jaiz) correct, in order. Problems narrated under the above caption are limited in number and complexity. There fore these un-usual terminologies will not cause undue embarrassment.

PROBLEM:- The interference committed by the FUZULI shall become in order if the MUJAIYIZ (the man who can declare FUZULI’S action as correct) declares it as such. But the presence of the MUJAIYIZ is necessary at the time of transaction/deal. If the MUJAIYIZ is not present then the transaction can not be said to have taken place, and as such there is no role for the FUZULEE.

PROBLEM:- To declare the deal of FUZULI as correct it is essential that the object is present on the spot. Otherwise no regularization can take place. It is also necessary that both the partners of the deal namely the seller and the buyer should be on their stand (terms of transaction). If both of them cancel their own deal or if any one of them dies, then the deal not be regularized (through an act of FUZULI).

PROBLEM:- IF the owner okays the deal of the FUZULI, then the price which the FUZULI has received becomes the property of the owner and the money in the hands of the FUZULI becomes as a trust (Amanat) and the FUZULI himself become the vakil.

PROBLEM:- The FUZULI has also the right to cancel the deal which the owner has not so far declare as in order. IF the FUZULI has arranged a marriage deal (Nikah), then he can not annul it.

PROBLEM:- The FUZULI strikes a deal and the Malik or Mujaiyiz dies before okaying, then his inheritors can not okay it. Immediately on the death of the owner the deal no longer remains in vogue.

PROBLEM:- The usurper after taking possession of some property sells it out, but later on pays the ransom or compensation for his unlawful possession. The deal in this manner is in order.

PROBLEM:- If the owner of a goods rebukes the usurper for having unlawful taken away his property. But he condones the unlawful possession and tells the unlawful possessor to sell the thing and give the price to the buyer as a gift. This is permissible whatever the words may have been used for condoning (which amounts to willingness or acceptance) or otherwise of the action of the Unlawful behaviour of an unauthorized person. (Here the usurper may be taken as a FUZULI under the above caption).

PROBLEM:- The FUZULI carries out the deal in the presence of the owner, but the owner says nothing and keeps silence, he also does not reject the deal. This silence does not amount to acceptance of the deal.

PROBLEM:- The thing which has been pledged (kept as pawn) or given on hire, its deal depends upon the permission of the man with whom the thing is pledged or given on hire. If they agree then the deal will be in order. But neither the pledge holder nor the man taking on hire has the right to cancel or reject the deal, not ever the man who kept thing on pledge nor the hirer (taking on hire) can reject the deal (because they don’t possession the right of ownership). However the buyer can declare the deal as void subject to approval of the pledge keeper on the hire dealer. Suppose then two men had previously cancelled the deal, they the approved it. In that case the deal will be right.

If the intervening conditions of pledging and giving on hire are withdrawn after finalizing the deal, then the original deal will come in force (which has come into picture after the release of hire/pledge). If the hire dealer okays the deal and it becomes valid, even the thing in the dealing can not be taken from the hire dealer unless his dues are paid to him.

PROBLEM:- If the thing which is on hire is given away as in deal to the hirer (on who takes things on hire), if (the deal) becomes effective at once, it does not require the permission of the owner.

PROBLEM:- When a thing lent on hire is sold out and the buyer knows that the thing he has purchased is on hire. He now agrees that till such as the term of hire lasts, the thing should remain with the man, and after the terms comes to an end it should be given in his (owner’s) possession. In such a situation he can not demand the return of the thing unless the time for handing over possession comes.

PROBLEM:- A field is let out to a farmer on contract for a fixed time limit. Whether the farmer cultivates the field or not, its deal depends on the willingness of the farmer.

PROBLEM:- A house is let on rent, but the landlord wants to have a deal for the house which the tenant does not agree. To get rid of this situation the land lord enhances the rent and enters in to another contract deal of tenancy. New agreement becomes effective and the old deal lapses.

PROBLEM:- The tenant or lessee comes to know the owner of the thing under deal has sold out to another person. The tenant request the buyer that since he has bought the thing while his agreement or lease is still current, he requests the buyer to allow him to stay till the recovery of rent paid by him is return to him. The new buyer agrees and the deal in question becomes operative.

IQ’ALAH (TO CANCEL OR WITHDRAW ANY DEAL)

PROBLEM:- The process of withdrawing or cancelling any agreement or deal is known as IQALAH (we shall use this terminology in enunciation “problem” under this caption). It may take place on personal move or on suggestion of others. It may include the return (pay back) of the price of thing sold or accept the some on behalf of others, IQALAH is not permissible in respect of Nikah, Talaq (divorce), Utaq (freeing slave or slave girl) and `Ibra’ (absolving one self from any responsibility). If in any agreement between two persons, one desires Iqalah, the other should respond agreeably. This is an act of virtue worthy of Divine reward.

PROBLEM:- In `Iqalah’ the consent of the other partner is essential. Along a person can not do it. It is also necessary that the Iqalah should take place in the sitting where both the persons are present. The absence of one or his not hearing the terms of Iqalah will not fulfill the demands of Iqalah. (The details of reasons against the legality of Iqalah mentioned in this `problem’ are purely hypothetical.)

PROBLEM:- The conditions for the IQALAH are as under,

(1) Both the person of agreement or deal should be willing.

(2) The Iqalah should take place in one and the same sitting.

(3) If Iqalah is in respect of a serviceable object (Bai-e-Sarf) then in the same thing the possession of the two exchangeable things should also be arrange.

(4) The thing/object of sale should be present. The constancy of the price is not the essential condition.

(5) The thing/object of sale should be of such nature the deal of which can be rejected on the pleas enunciated under terms of rights known as Khyar-e-Shart, Khar-e-Ruyet and Khar-e-Aib (we have dealt with these Powers/Rights in details in the forgoing pages under these very specific captions).

(6) If interference of grave nature has taken place with the object on account of which the deal can not be rejected, Iqalah is also not possible and permissible.

(7) The seller should not have gifted the object before its possession by the buyer.

PROBLEM:- The thing (of deal) was present and intact at the time of Iqalah but before it could be returned it was destroyed/damaged beyond recognition the Iqalah to becomes obsolete.

PROBLEM:- `Iqalah’ is permissible on the amount which is the price of the thing in question. The Iqalah on an amount more or less than the sale price of the thing will not be acceptable. It may be exact amount in the same currency or its equivalence in any currency as a legal tender.

PROBLEM:- On account of some defect after the sale the Iqalah is done on a lessor amount than the sale price, this is permissible. If however, the defect in removed later, then the buyer can take the amount from the seller which he got less on account of the defect in the thing in the first stage of Iqalah.

PROBLEM:- The soap was sold in fresh condition, but the Iqalah was done when the soap became dry. The buyer will have to give the same (dried) soap, on Iqalah.

PROBLEM:- Iqalah means the cancellation of the original deed between the original seller and buyer, but this Iqalah is the fresh deal for the other person. It means that if on account of the Iqalah the original deal can not be treated as cancelled, then the iqalah itself becomes false and inoperative. For example if after the deal of a slave girl (which not in vogue at the present time) or a pet animal, if a young one is born, then the Iqalah of the slave girl or the animal can not he done.

PROBLEM:- IF a part of the object of deal is destroyed while the remaining part is in contact, then the Iqalah of the remaining part can be done.

PROBLEM:- If the seller receive excess amount from the buyer and if the buyer desires to do Iqalah of the thing, there should be hitch in doing the Iqalah. (The excess amount received by the buyer is reasonable limit as a profit etc) then there is no need for the Iqalah. The buyer can straight away, cancel the deal.

PROBLEM:- IF a thing is given as a (free) gift to some one (in token of love, respect, affection etc) but the man receiving the gift sells as an object of deal, now the man presenting the gift can not get it back.

PROBLEM:- Just as the Iqalah of an object of deal can be done, in the same way the Iqalah of the (first) Iqalah can also be done. The Iqalah of the Iqalah cancels the first Iqalah which means the return of original deal (of sale). However if in `Bai-e-Salam (we shall deal with this later) the object of deal has not changed hands and its Iqalah has taken place then the Iqalah of this Iqalah is not permissible.

MUR’ABAHA AND TAULIAYAH

These are purely Arabic terms of sale with or without gain (profit) respectively in the deal.

PROBLEM:- A thing bought a thing on certain price and offered for re-sale in the market. While fixing the price some time, the additional expenditures incurred on it are also added along with the intended profit or gain. This type of resale is termed as `MURABAHA’ or sale with profit or simply SWP.

In the other event where no profit in intended on sale in known as `TAULIYAH’ or sale with no profit or simply SWNP.
(Note: By the translator, since no recognized or accepted terminologies are available, an attempt has been make to simplify; the process of deal by assuming self-coned abbreviations. These can be and will be replaced by correct terminologies or their abbreviations).

The thing which comes in possession otherwise than by sale deal, for example, through gift or inheritance or by the execution of Will (wasiyat) can also be disposed by either of he two channels namely SWP (sale with profit) or SWNP (sale with no profit).

PROBLEM:- Murabaha (SWP) is not permissible in the rupee or Ashrafi (recognized currencies).
(Note: The exchange rates of foreign curries are notified by the government of the day. This different from “selling” currencies at one’s desire).

PROBLEM:- The basic condition for the Murbaha (SWP) and Tauliyah (SWNP) is that the thing which the first buyer has bought should be such that the buyer Two may exchange with another thing by fixing the price at a profitable level. If the thing can not be exchanged with the desired thing but by paying the price to the buyer of that thing of which he is also the owner. Otherwise the exchange/purchase will not possible, because of difference in the price or quality which demands higher price.
(Note: This is not the exact transliteration of the content under this `problem’ at P/319, it is the summarized version of the given details.)

PROBLEM:- In the event of deal with intent of profit, it is necessary that the value nature of the desired thing as a profit be indirectly indicated. For example, the man may to say to another that the thing valued Rs.10/- (cost price) along with the thing he has with him (profit).

PROBLEM:- By the cost price is meant the price at which the deal has been mutually agreed upon. Suppose the agreed price is Rs.10/ but the buyer gone the seller some other thing. In terms of `Murabaha’ and `Tauliyah’ the deal is in order. If the cost of the thing is more than Rs.10/- the deal is Murabaha and if its cost is equal to Rs.10/- then it Taulia. It will be assumed that the deal is of Rs.10/- Murabaha and not the among which the buyer himself paid.

PROBLEM:- There is a system in the market in respect of sale of a thing on the basis of 10-11 (Deh Yazdah). Which means the seller will receive one rupee profit for the sale price of every 10 rupees or its multiple in the upward order. This formula is applicable if instead of the cash cost price the demand may demand a horse on the 10-11 (Deh Yazdah) is understood. The exact price of the horse should be in the knowledge of the buyer, Then only the deal under this formula will be treated as in order. It is also necessary that the sale price should be declared in the same sitting in which the deal is being struck.

PROBLEM:- The capital or the Principle which is meant to be invested in the commercial back on the basis of Murabah and Tauliyah will enhance if the deal includes profit (Murabaha) and will remain unchanged (no profit) or Tauliyah. In the former case the additional expenditure by way of transport charges, brokerage etc, will be added to the capital.

PROBLEM:- The cost of repair of the house plastering, renewal and clearance, digging of the well etc, all incidental or essential charges including the brokerage etc will be added to the cost price of the house.

PROBLEM:- In a deal of Murabaha, if the buyer comes to know that the seller has committed a fraud or breach of trust and wrongfully enhanced the cost price by adding uncalled for items, then it is open for the buyer to pay the demanded price or reject it out right. The fraud or distrust can be assessed in three ways. (1) The seller himself admits the excess in the cost price (2) The buyer establishes his claim by producing witness (3) The buyer took the oath from the seller.

If in the deal of Tauliyah brand, the seller has committed dishonesty, then the buyer can deduct the defrauded amount from the cost and pay the balance as the real cost, before taking possession of the thing.

PROBLEM:- A fraud comes to notice in the deal of Morabaha and buyer wants to return the thing, but before doing so, the thing is lost or has suffered some damage which makes the return necessary, then in such a case the full cost price of the thing will be necessary to be paid before it can be retained by the buyer. It can not returned nor will be get any compensation for the damage.

PROBLEM:- On a thing received by way of compromise (as different for purchase or gift) there can be no dealing on murabaha.

PROBLEM:- A thing was purchased at a exorbitantly high price which no one is willing to pay. It is (morally) necessary to declare this situation in the deal of Murabaha or Tualiyah nature.

PROBLEM:- The thing is sold by way of Tauliyah but the buyer is kept in hard as to what is actual cost price, This is a faulty deal. Then if the buyer comes to know the price through the people (or any reliable way) the buyer may or may not take. If the real fact can not be ascertained even in the midst of people then there is no way to remove the fault. This is also true in the deal of Murabaha.

THE CHANGE AND ALTERATION IN THE ARTICLE AND PRICE OF DEAL

PROBLEM:- On purchasing an immovable property it is permissible to strike a deal on it, even before formally acquiring its possession, because it is very rare that it shall be destroyed/damaged. If however, such an immovable property (House) or any part of it be such that it may suffer damage, then before getting possession it can not be put on deal (for sale).

PROBLEM:- On purchasing a movable property, it can not be put for a commercial deal before getting possession, but it can be gifted, given in charity, keeping as pawn, lending or for temporary use.

PROBLEM:- IF a movable thing is given as a gift to the seller who accepts it, then the deal is no more remains extant. And if is sold to the seller as a deal, then this deal is not valid. The first deal is still existing.

PROBLEM:- The seller (on selling) himself does some alteration in the character of deal prior to giving it in possession of the buyer, then it can be done in two ways. The first is that the seller does so with the permission of the buyer and the second is that he did without the buyer’s permission. If the seller gives the thing as gift, or gives on hire/rent with the buyer’s consent, then this amounts to the buyers possession. Or, acting on his own (without buyer’s approval) he pawns the thing, or gives on hire/rent or keeps it as a trust and the thing is damaged or destroyed, then the original deal no more remains operative. And if the seller gives it for temporary use, give as a gift or pawned is which the buyer approves, then too the possession of the buyer is established.

PROBLEM:- The buyer tells the seller to keep the thing with some person and he will get thing back later from that person. When he (the buyer) is in a position to pay the amount, the seller does so, this does not mean the possession of the buyer, the thing is still in legal possession of the seller. If that thing is destroyed (in this state) it is the loss of the seller.

PROBLEM:- A thing was bought, but before its possession by the buyer, the seller sells it some person at a higher price, which the buyer approves. Even this is not correct since it was done before the buyer took possession it.

PROBLEM:- Some one purchased things (1) by measurement (2) by weight and (3) by numbers (counting). Now unless is checked in measure, in weight or in numbers, its sale or personal use is not permissible. Or if it is purchased by guess or approximation and the thing in question is present, when the deal is settled, there is no need for its checking. If however these things have been received as gift, inheritance or through execution of a will (deceased’s) or was grown in the field, then there is no need even for its measurement, weighing or counting.

PROBLEM:- After the deal if the thing was measured or weighed in the presence of the buyer, then there is no need for the buyer to do so again. However if the thing was measured/weighed in his presence but before the deal was settled or the seller weighed / measured the thing after the deal but in buyer’s absence, then it is not enough. It is not permissible, for the buyer to make use of the thing without measuring/weighing again.

PROBLEM:- The seller had weighed the thing before selling. After this, the man in whose presence the thing was weighed, bought that thing without weighing it and struck a deal with it and handed it over to the buyer after weighing it. This is not correct nor permissible as the deal was done before weighing it.

PROBLEM:- If the thing is bought as a package’ on a settled price for the entire package. If is permissible. However if the necessary to calculate the total cost/weight etc before taking possession. In case of lump sum right for example in the deal of metal where breaking in pieces is not possible, it is permissible to agree on any process of commercial before taking possession and after paying the cost.

PROBLEM:- Any alteration or change in price usage etc before taking possession if permissible, it can be sold, given in gift, monopoly, sadaqah, or will (wasiyat) every thing byway of Tasarruf (handling, usage) is allowed. Deal in prices is of two natures. Sometimes in terms of down cash, where the deal so does is open to all sorts of manipulatalion by the buyer. The second nature of price is mentioned by way of settled rate where the amount/price is not present. In such a case the thing in deal can not be handled by one except the buyer.

PROBLEM:- The cost of the thing in deal is of two kinds. One is that is fixed by way of weight or measurement where no alteration or manipulation is permissible. And the second norm of price deal is that even after fixing the mode of payment the exact nature of payment remains unsettle or unfixed (as by way of currency in exchange of cash price). For example a thing priced at Rs.100/- does not mean that the entire amount must be in one currency. It may be a 100/- rupee note, 10 notes of Rs.10/- each etc. But in case of a thing priced in exchanged of another object or animal the payable price shall not be other than that particular object.

PROBLEM:- The buyer raises the price for the sake of seller or the seller increase the object of sale. This is permissible. The increase in the article of deal or increase in its price in any shape or form, in the same sitting or after becomes binding. If the buyer repents afterwards as to why he took to raising the price or the quantum of the articles, it will be of no avail.

PROBLEM:- If the buyer increase the price, then to make this increase binding it is necessary that the seller accepts the increase in the same sitting and not afterwards or in another sitting. It is also necessary that the object under deal should be present. An increase after the destruction of the article is not admissible.

PROBLEM:- The seller can refuse the price of the thing for the sake of the buyer, for this the presence of the thing is not necessary. This decrease in the price is permissible even after taking possession of the object.

PROBLEM:- This increase or decrease even if accepted afterwards becomes part of the agreement of deal and it will be take as such for all subsequent processes. The price in any degree will have to remain. The price in total can not be dropped. No commercial deal is valid without the mention of the price howsoever little or reduced it may be.

PROBLEM:- The increase or decrease when made part of he agreement will enable the subsequent Murabaha or Tauliyah (with or without profit) being based in this agreement. The original price or the object will not be taken into account.

PROBLEM:- If the buyer wants to make a reduction decrease in the object, it will be permissible if the object/thing is of merchandise nature, subject to variation in the market that is it is of a fixed nature and not open to change, then no decrease will be admissible.

PROBLEM:- If the seller fixes a time limit for the buyer for the payment of price, after the initial agreement in which no time limit was mentioned then this time limit becomes obligatory for the seller. He can not demand payment of the price earlier then the time limit.

PROBLEM:- The time limit of a repayable deal (loan etc) can also be made subject to certain conditions. For example, A man owes Rs.1000/- to another payable under fixed time limit. The money lender can tell the indebtor that if he pays Rs.500/- by a certain date, the rest 500/- may be paid six months late than the agreed time limit.

LOAN – DEBT.

PROBLEM:- What ever is given or taken as loan should have the like of it (for return in the same commodity), either it may be in the nature of measurement, weighing or counting in numbers. Normally high priced things are not given or taken on loan, like animal, house, land etc. Loan dealing in such commodities is not desirable.

PROBLEM:- The broad principle in this respect is that whatever is proposed to be taken on loan, it should have its like in the market. Things of which similar ones are not available, to give such things on loan is not desirable. The thing which is considered out of the way in respect of giving as loan, if some one gets such a thing on loan he will become its owner as immediately on taking its possession, but it is not permissible for him to derive monetary benefit from it. But if he put is on commercial deal (sale) he will not be committing wrong.

PROBLEM:- Breads can be taken on loan by counting or by weighing. Meat should be taken on loan only by weighing it.

PROBLEM:- Raw or hard baked breads can be given or taken on loan if there is not much different in their cost.

PROBLEM:- To buy ice by weighing is in order. The price of ice purchased can be paid in winter, if it be mutually agreed. If there is any dispute in this behalf the matter can be settled, even with the intervention/decision by the Qazi, if dispute becomes of that acuteness.

PROBLEM:- Loan taken in cash and should be repaid in the same currency. If the currency then in vogue becomes absolute due to government. policy, then the loan should be in the new currency at the exchange rate.

PROBLEM:- In the matte of repayment of the loan, the fluctuation the rates of things taken on loan is of no concern. The loaned commodity should be repaid at the time of repayment, in cash or in commodity as the case may be.

PROBLEM:- Grain purchased in one city should be repaid at the cost value in another city if the lender demands repayments at the latter place if both men happen to he there. The indebter can not argue to repay at the place when grain was taken on loan.

PROBLEM:- IF the repayment of the grain is demanded at the cost of grain is higher, while the debtor wants to repay at his place of loan, then an assurance shall be obtained form the debtor that he would pay the debt at his place.

PROBLEM:- A thing taken on loan becomes the property of the debtor, he can have a deal with the creditor. However if the creditor desires a deal of his own thing (which he has given on loan) will the debtor, he can not do so because he doesn’t possess the right of ownership.

PROBLEM:- Loan should not be given to slaves even if he a trader or purchased on writ (Makati’b). Underage, lunatic, insane, nor can the be pressed if given a load and they refuse to payback.

PROBLEM:- A man takes loan in cash, the debtor comes to the creditor with money in hand to repay the loan, but the creditor under some reason till, the man to throw the money in the water which he does. But the real suffer is the debtor because be has not given possession (repayment) to the creditor. And if the seller brings the object of deal to the buyer or the trustee brings the thing of trust (Amanat) to the owner and they say to throw away the things, the loss in these cases will be that of the purchaser and the owner (because each ordered to throw away their object in their position of being the owners).

PROBLEM:- The debtor given something by way of gift or presentation (nazrana) to the creditor. If it is not under the impact of the loan but as gesture of mutual regard, then its acceptance is quite in order. However extra care is necessary in acceptance or rejection of such gifts or even invitation, because a slight inclination of self projection or under objection will not be in keeping with the dignity of such mannerisms.

PROBLEM:- The debtor is a habitual defaulter. If he persists in his non-payment of debt then creditor to take away any thing of the debtor of the kind which was given in loan. He can even snatch away the like things as repayment of his loan/debt. Other kind of thing or things he can not take without the debtor’s consent.

PROBLEM:- To hand over a piece of land, on loan in return of a loan received from the land owner, who gives permission to the creditor to tilt and cultivate the land and make use of the produce, is not permissible in shariat. This is a manipulated way of giving things on interest (S’ud, usury)

PROBLEM:- The thing which is permissible to be given on loan, if it is taken on a limit period for use, (to be return in its original condition) if amounts to taking loan, and a thing which is forbidden to be given on loan, if it is for a short period, it becomes a borrowed article (to be return in original)

PROBLEM:- To return a loan given in rupees the debtor gives the creditor higher valid foreign currency telling to have it exchanged in rupee notes, take the amount of his loan and return the remainder to the debtor. If the foreign currency gets lost before being exchanged (from which the creditor would have taken his loan which he could not do) the loss will be tat of the debtor. If the foreign currency was exchanged was lost after its exchange in rupee currency, then the question to be decided will be (1) whether he has received his loan. If he has not taken the loan amount the loss is still that of the debtor. However if he has drawn the amount which was lost, along with the remainder then the loss will be of the creditor. If the debtor handed the foreign currency to the creditor asking to take his amount of loan, the loan will be taken as repaid. And the loss will be of the creditor.

Business Transactions

MAN By Nature is SOCIAL AND PROMISCUOUS. He lives and thrives through social and contractual need. His needs are so numerous and multidimensional that he, alone and by himself can not fulfill all his needs and desires. He requires some one to help him as he himself helps others to achieve their aim and objects. The Divine Scheme of Creation has this prime objective in view that human beings are born with distinction capabilities that through mutual cooperation that the Divine object of sustenance and development of human progress on earth moves form stage to stage without let and hindrance. The creature urge in one satisfies the accomplishment of material needs of another. This in other words means the everlasting phenomena of “demand and supply”, is at the very core of human progress in this world. Some one has his interest centered in commerce and business, someone is inclined to use his intelligence and labour in agriculture, while some others, more capable and qualities, seek their betterment and prosperity in politics or in military professions.

This ever moving phenomena of `give and take’ `demand and supply’ continue enabled in one way or the other. One of the channels of human want and their satisfaction is the most common practice of Buying and Selling which on account of ever rising level of dealings has become more and more complex and irrigated in number and nature. Islam being the Deen of Divine Ordination has given due importance to this phase of human dealings to their minutest details so that greed and avarice, which by way bargain in commercial transaction may not spoil the purity and sanctity. If one hand, Islam teaches and guides the finer and succinct aspects of worship, social and domestic virtues in our personal and corporate life it on the other hand, has given us detailed and essential instruction and commandants in this most common and important department of human life namely `Business Transaction’ or simply `Buying and Selling’.

Just as in matters of religious practices something are permissible or impermissible, halal and haram, in the same way there are phases of halal-o-haram in this branch of human dealings, unless therefore, a person is aware what is good and evil in business he may fall into the ditch of evil and suffer punishment in this world and the Hereafter. There is a clear warning in the Holy Quran,

(Do not eat (usurp) your wealth (assets) with evil unrighteous intention except if it be in trade and business on which you (mutually) agree).

Further it is said,

(East of the permissible and pure from the Provision given to you by Allah and fear Allah in Whom you believe.)

The Holy Prophet (Allah’s peace and grace be upon him) has said that `any one who earns Haram wealth if he spends it in the way of Allah (sadaqah), it will not be accepted and if he spends for his benefit, it will carry no blessing and whatever he leaves in the world on his death, will be his assets to go to He’ll.’

The Holy Prophet (Allah’s grace and peace be upon him) has also said that the `search and labour for an honest and halal subsistence is a great obligation (farz – ordination by Almighty Allah) after the devotional and religious obligations such as Namaz, Fasting, Haj and Zakat etc.

It is the well know fact to which we are all witnesses that the most common source of earning income (wealth) is through the commerce business or in simple words, through buying and selling things of all kinds, from the very small things to things of huge descriptions and denominations. But in this chapter we are concerned with transaction in things which are of common needs for almost all classes of people, among which are the earnings through honest manual labour. The Prophets of Allah and the great men in the sight of Allah have set examples for others to follow and emulate. In this respect the following few tradition (Hadees) will serve as guidelines of inspiration which will induce and en course the common peoples for setting their life patterns in the most profitable pursuits nor from the mundane points of view but also for earning rewards in the Hereafter.

The Holy Prophet (Allah’s grace and pleasure be upon him) has said:

There is food better than that which has been secured through honest and hard manual labour. Surely, Hazarat Dawood (May Allah’s peace be on him) earned his subsistence through labour by hand.

One who earns (his living) through honest labour is dear to Allah as a Friend.

On being asked as to what work/source of earning is the best. He replied: The work done by man with his hand, and the honest transaction.

The honest trader and businessman shall be in the company of apostles (Ambia), The Righteous and the Truthful (Siddiqeen) and Martyrs (the Shaheeds who lay down their life for the Cause of Allah).

The traders and dealers shall be raised as addicts of immorality *except that business dealer who is righteous, truthful and does favours to others.

It is for these reasons that the learned scholars (Ulama) has advised and warned people that unless they attain reasonable true and finer knowledge of business transaction, they should not venture to enter this field.

PROBLEM:- In the Shariat terminology the word `Bai-e’ meaning sale (or buying and selling stands for the transaction which is earned on (1) through exchange of things with things (known in modern language of commerce as BARTER SYSTEM) or (2) exchange of things with money. This transaction is done either through words of mouth or by deeds. In the former case the basic principles are Eajab-o-Qubool (profferment or presentation of things and the acceptance thereof).
(Note: This Eejab-o-Qubool is similarly to ceremony of this very nomenclature at the Time of Nikah between the bride and the bridegroom – Translator).

In the alternative dealing of business known as sale by deeds is done through actual exchange of things through things or cash without uttering words, because sets of things are kept for sale with the prices already announced/made known as a regular practice.

PROBLEM:- In a `buying – selling’, one party (may a person or a group of persons) which purchases any thing commodity is called as `Mushtari’ or purchaser – buyer, while the other party, that of sellers is called Ba’ye, the seller (the individual or the group). We shall call them as buyer and seller respectively.

PROBLEM:- In this deal of buying – selling, there are certain conditions which must be fulfilled before any transaction will be accepted as fair and equitable.

(1) Both the `buyer and seller’ should be sensible (of common wisdom or senses), Note: the deal done by lunatics and minor children will not be reed valid.

(2) Transactors / dealers must be different persons. A man can not be a buyer (purchaser) and seller at one and the same time. However the father or the guardian of the minor child (ren) can do so in that he may sell the goods of the minor child/war on his behalf and purchase it for himself. Or the Qazi may sell the goods on behalf some orphan and purchase the same goods on behalf of other orphan, with a profit. Similarly, a man can be a messenger / agent of both the parties to do the dealing on agreed terms.

(3) The terms of offer (Eejab) and acceptance (Qubool) in respect of goods and price must accord with another. Any variation in this behalf should be agreed mutually.

(4) The transaction of offer (Eejab) and acceptance (Qubool) should take place at the same place and at the same time.

(5) The terms of transaction should be announced and heard by both the buyer and the seller clearly so as to avoid any misunderstanding afterwards.

(6) The things offered for sale should be present/available physically at the time of offer, it should be agreeable and durable (Muta’qaw’wim) in the possession of the seller (mamlok), and transferable and worthy of being given in trust (Maqdoor-ul-Tasleem). For example, the sale of fruits before their appearance is not valid. In the same way the grass in the field can not be sold and the water of the canal or will or the animal of game or funt can not be sold unless they are given possession of physically or materially.

(7) The sale should not be time conditioned ( athing can not be sold for only a given period of time).

(8) The goods offered for sale and the price thereof should be definite and beyond dispute and controversy.

PROBLEM:- In respect of selling what is commanded is that the article of sale should be handed over to the purchaser and the seller should be owner (possessive) of the price value of the things sold. However if the transaction is kept in abeyance till a particular time, then the deal shall be completed when as the appointed time the sale is completed will mutual consent, the exchange of the article and the price come in respective possession.

PROBLEM:- The process of Eejab (offer of sale) and the Qubool (acceptance of sale) is determined in the order of priority, which also confirm the deal in respect of transfer of the article and the price thereof.

PROBLEM:- The agreement of sale and purchase should be either in the past tense (sold, purchased) or in the present tense (I sell, I purchase/buy) or one in the present tense and the other in past tense (I sell, I purchased). But in any case, it should not in the future tense.

PROBLEM:- The terms of purchase must be in clear words. Any condition imposed in business transaction which may give different interpretation in respect of thing sold/purchased or the mode of payment in cash or in barter exchange will not be correct in terms of these Shariat Laws.

PROBLEM:- Proposal for sale of nay article/good and its affirmation (eijab-o-qubool) must be done in the same sitting. If the man who accepts the sale becomes absent from the sitting, then the whole process becomes void. However if the buyer conveys his affirmation through some person when the sitting is not over, then the deal will be correct.

PROBLEM:- In between the two persons making proposal for sale and the other who accepts, the latter has a right to accept or reject it in the same sitting (This acceptance or rejection of a deal is known as Khay’ar-e-Qabool, the right to accept). There is inheritance in Khayare Qabool meaning that if the buyer dies the deal is complete, then his inheritors can not use the right of the deceased as a matter of course. In that event, the Eijab (presenting for sale) lapses and as such the question of inheritance to use the right of the deceased does not arise.

PROBLEM:- If of the two namely purchaser and the seller, goes away from the sitting (before transaction has taken effect) or the proposer engages himself in some affair other the present deal, then the transaction become void. The seller can withdraw his offer but once the offer has been accepted, it can not the withdrawn.

PROBLEM:- When Eijab-o-Qabool (offer and acceptance0 are over then the transaction becomes complete and binding, now no charge can be made without the consent of the party concerned. It is also necessary that before entering into any bargain both the seller and the buyer must obtain, personally or otherwise satisfaction of one another as regards their merits etc.

PROBLEM:- Articles/goods obtained form shopkeeper on credit and the prices paid according to agreed manner, the transaction in this way is permissible.

Note: The nature of transaction, mentioned at pages 286-287 and terminologies used are either absolute in the present days of Business and Commercial deals have undergone tremendous changes, even otherwise their translator, is too complex and cumber some. These have therefore been skipped over. As a matter of fact almost the entire chapter on Khareed-o-Farokht, is more as a classic record of Shariat laws. Still attempt has been honestly made to reproduce as much Mas’ail (Problems) as the intentions / spirit behind their introduction are still valuable both as guide and for practical purposes.

PROBLEM:- Wheat, rice barley and all others grain, can be sold and purchased on measurement as well by weight, either by actual weighting or by guess. But by guess only the grain is purchased in some other exchange. Sale of Grain for exchange of cash id permissible, but grain for grain must be exchanged by actual weight or measurement, otherwise any quantity becoming more or less than actual quantity will come within the purview of interest (su’d, which is haram). However if the difference in quantity is less than half a saa, then it is permissible because in less than half a saa in weight/measurement does not amount to deal in interest (su’d).

PROBLEM:- When a house is purchased then all the constructed and unremovable articles come with in the purview of sale / purchase shariat laws.

PROBLEM:- When agricultural land is sold, all the small or big trees bearing fruit are all included in the transaction, However a dry tree which is still not uprooted, it is not a part of transaction, it is just a lump or wood lying on the ground, small plants of fruit tress which are removed after some time and planted elsewhere in the farm are included as part of transaction.

PROBLEM:- On purchasing fish if a pearl comes out, then if it is in the shell, it belongs to the buyer. If it is the pearl without the shell, then it should be returned to seller provided the fish was caught in the bait. The pearl will remain a trust (amanat) with the fish catcher. If no trace of its real owner is available, even after due publicity, then the pearl should be sold and the amount given is charity. If a pearl is discovered in the stomach of the hen then it should be returned to the seller.

PROBLEM:- The cultivation /agriculture standing on piece of land belongs to the seller if it is sold without an agreement as regards the crops etc. Similarly the tree/trees bearing fruit on being sold the purchaser will have to make a clear understanding with the seller, otherwise the fruits on the trees in question will go to the seller. These conditions also apply to the plant, of (sweet smelling) flower, prior understanding a right to be reached, before plants are handed over to the buyer.

PROBLEM:- When an agricultural land or a fruit bearing tree is sold, it is obligatory to cut the crop and pluck the fruits before handing over possession to the buyer provided the cost of land/tree is paid, otherwise the seller will be allowed to keep the crops/fruits till the transaction is complete.

PROBLEM:- In the above mentioned if the seller desires to keep the crop/fruits standing for some time and he is prepared to pay the cost thereof, then he can do so with he consent of the buyer.

PROBLEM:- If the tree is purchased with intentions to cut it, then the land below the tree is not included in the deal. However if it is purchased to keep it standing, then the land below the tree is included in the deal and it will go to the purchaser.

PROBLEM:- IF a tree has been purchased with the intentions to cut it down, then the buyer shall be asked to cut and take the tree away. He can not leave it standing. However, if he has purchased the tree to keep it standing, in that case the buyer shall not asked to cut it. If he cuts the tree, he can plant another tree there, because the price of land now belongs to the buyer.

PROBLEM:- To sell the agricultural land before the ripening of the crops on the condition that the land will remain with the seller till the crop is ripe, is impermissible. It is also impermissible in respect of an agricultural where the crop is standing to ask the buyer to let the crop stand till it is ripe for harvesting.

PROBLEM:- In the sale of land, all those things are included which are meant for preservation such as trees, houses, whether there is specific mention in the sale agreement or not, However dry trees bamboos grass are not included as they are not preservable.

PROBLEM:- The sale of orchard (fruit-garden) before the blossoming of flowers buds and the fruits is not permissible, even if some fruits have appeared and the rest are expected (it is also imperssible). The buyers shall have clear the trees by plucking the fruits. He can not be allowed to let all the fruits get ripened before be vacates the tree. However if in more fruits appear after the sale of the tree (which were not included in the sale) then the sale shall become in valid because now there remains no distinction in the sale of the previous an those appearing late. On the event of a decision if so derived, as to which fruits belong to the buyer and the seller, an oath will have to be taken between them.

PROBLEM:- If fruits on at the trees are purchased without mention the condition as to when the fruits be removed from the trees. If the seller permits to pluck the fruits and if more fruits appear, they are the rightful property of the buyer (the rest of the details in this problem are merely hypothetical and a bit complex). The same also applies to the next problem.

PROBLEM:- Part or parts of thing including animal on which exclusive right of the buyer is valid, can be exempted from the sale of that article for example, from the bulk of grains, some quantity can be purchased. It is not obligatory that the whole bulk be purchased. Similarly from the herd of goats, a single goat can be purchased. The things so picked up from the bulk are known as exceptions.

PROBLEM:- If a hose in purchased for demolitions then the exception of wood, bricks (debris) is valid.

PROBLEM:- IF the thing meant for sale is to be measured, weighed or counted and extra payment is to be made on there accounts, then the payment is to be borne by the seller.

The fee for examining the currency in a matter of loan, shall be paid by loan taker.

PROBLEM:- The payment of brokerage to the broker is to be made to by the seller, it the former has arranged the sale of goods with his permission. If the broker has only worked as a middle man and the selling was done by the owner of the goods, then the payment of the brokerage may be done as is customary at that place.

PROBLEM:- The sale of the article is to be done on cash payment on the spot, then the buyer has no right to impose any condition as regards payment or not be quality of the goods/article, without paying the price he can not take possession of the article. The Seller has a right to stop handing over the articles. If the article of sale is not present on the spot, the seller can not demand the cash payment. If the sale is in the form of exchange of goods on both sides, then the articles should be presented simultaneously, to complete the deal.

PROBLEM:- If the purchaser makes some change in the article of purchase for which possession is not necessary, then this change is not valid. If he make the change when possession before payment is necessary, then this change/alteration is permissible.

PROBLEM:- If the buyer keeps the article with some one as a trust or kept it for use temporarily or he lets the seller to keep with some one else which he does, then in all these cases the possession takes place, or he keeps the article with the seller, for temporary use or on hire or he places the article as pawn, after making part payment, then in the latter event, possession does by the buyer does not place.

PROBLEM:- The buyer buys oils and tells the seller to send it to some one by his man, now if the bottles falls and breaks on the way, there the loss shall be of the buyer. However if he tells the shopkeeper with any one of his men and the loss occurs then the loss shall be of the seller.

PROBLEM:- If after purchasing an article it was left with the seller telling him he shall it the next day. Supposing the thing sold was an animal which died during the night. In this case the loss shall be of the seller, because the buyer had not the possession, the purchaser has nothing to do with the loss.

PROBLEM:- A thing was sold but the price was not paid, It was kept with third person with the promise that the buyer will pay the price and take the thing, the thing was lost with the third person. In this case also the loss is of the seller. If that third man after receiving part price he hands over the thing to the buyer of which incident the seller is not aware of , now the seller can take the thing back from the buyer.

PROBLEM:- Suppose a piece of cloth is purchased the price of which has not been paid which would entitle the purchaser to take it in his possession. He told the seller to place the cloth with another person on the plea that the buyer would pay the price. The buyers kept the cloth with the third person where it was lost. In this case also the loss in that of the seller, because the possession is still the seller. Therefore the loss shall be of the seller.

PROBLEM:- In a sale deed any thing change made at the behest the buyer will amount to the possession of the buyer even if m thing remains with the seller and the price has not been paid by the buyer. (The buyer will have to pay the price and take possession of the thing.)

THE POWER / AUTHORITY FOR PLACING CONDITION (KHYAAR-E-SHART)

In a sale and purchase transaction is open to both the seller and the buyer not to make a deal as final in the very beginning, but make it condition that the bargain shall be final only all necessary things have been settled and if anything is found wanting the deal will lapse. This is often necessary both for the seller and purchaser because on account of lack of experience or in complete examination/inspection of the goods / article in deal, difficulties and differences arise at some stage which could be avoided if proper precautions were taken before declaring the deal as final. This exercise of authority is known in the Shariat terminology as `Khaya’r-e-Shart) in a foreign language, we shall use the original terminology in this section in subsequent paragraphs (or in short K.S.), K.S. may be used for both the seller and the buyer as the only parties in the deal as it may be for any one of them or any one else as the third party.

PROBLEM:- K.S is not permissible before making a commitment to undertake a deal definitely. If there is a difference of opinion between the buyer and the seller, One says that K.S. was there in the deal while the other denies this, then the party claiming K.S. should be asked to produce witnesses in support of his stand.If he fails to do so, then the other party’s stand will be taken as correct.

PROBLEM:- The time limit of K.S. is maximum three days. It can be less, but not more. It the deal is in respect of a thing which is perishable and the buyer has the K.S. for only three days (the thing may not last for that time). In such a case ,the buyer will be asked to cancel the deal or declare the deal as valid (in spite of K.S.). If some one purchase this perishable thing without K.S., but remains absent or disappears without making payment or taking possession, then the seller has the right to deal with another person.

PROBLEM:- If there is no mention of K.S. or the period is not quite clear or any other ambiguous condition then in all there cases K.S. is faulty or inoperative.

PROBLEM:- The time limit for K.S. was fixed for more than three days, but before the expiry of his period the party holding K.S. declares the deal as valid. This is so, but if three days are over to without declaring the deal as valid, then the deal becomes invalid.

PROBLEM:- The buyer said to the seller, `If I do not pay the price with in three days, then the deal between us shall be treated as canceled.’ This plea is permissible under K.S. IF he pays the price in time the deal is finalised, otherwise it becomes withdrawn.

PROBLEM:- The seller kept the K.S. to himself and as such the article for sale did not come out in the open, but the buyer took possession either with the permission of the seller or by force and it was destroyed/lost while in the possession of the “buyer”, then latter (buyer) will have to pay a reasonable amount as ransom/compensation to the seller. Or if the article is meant for exchange with a like thing, then that latter like article lost / damage with the seller, then there is no compensation. The deal becomes null and void.

PROBLEM:- If the K.S. is with the seller, then the price does not in the hands of the purchaser, but it does not go in the possession of the seller.

PROBLEM:- If the buyer has kept the K.S. with himself then the article of sale goes out of the possession of the seller.

PROBLEM:- The article of sale is in the possession of the buyer and it has been damaged, then price shall be paid by the buyer and if the K.S with the seller, then the cost is due on the buyer.

PROBLEM:- Both the seller and the buyer have K.S. with them, then the article will not go out of authority of the seller, nor will the price will not be out of the possession (i.e. property or milkiyat) of the buyer. Then, if the seller makes any use (Tasarruf) of it, then the deal will become void. If the buyer makes any use of the price, then the deal shall become from the buyers’s side.

PROBLEM:- Who so ever has the K.S. with him, either seller, the buyer or any third party, when he declares the deal as valid, then it becomes valid for all intents and purposes, whether or not the other person come to know bout it. However if both had the K.S. then declaration by one party will not be taken as the finality of the deal.

PROBLEM:- If the man having K.S. cancels the deal, then there are two possibilities, if he declares cancellation by words of mouth, then the other party should know within the time limit. If the other person does not know at all about it or comes to know after the time limit, then the cancellations is not valid which means that the deal must be finalised.

PROBLEM:- If, one who has the K.S. declares the deal as valid (in order) or cancels his K.S., then no K.S remains operative and the deal will be compulsorily finalised.

PROBLEM:- If the person having the K.S. dies within the time limit, the K.S. becomes null and void. It can not be transferred to his heirs, because there is no inheritance in the K.S.

PROBLEM:- If the buyer has the K.S. then unless the time limit of K.S expires the seller can not demand the cost/price> However if the buyer has given the cash, then the seller will have to hand over the article to the buyer. If the seller has handed over the article, then the buyer will have to hand over the price, but he has the right to annul the deal.

PROBLEM:- When the buyer exercise his authority by using the object of sale in order to its usefulness (on final deal) and the part of test in such that he could also on any other thing which he has no possession, then in that event the K.S. (the power of condition) will not lapse. If his method of testing was not all necessary or this test on any thing not in his possessive right is not permissible then in the latter case his power of condition (K.S) will be invalid, it will lapse.

PROBLEM:- When some definite conditions are made prior to finalising a deal, which are not predictable, then the deals become invalid. For example when buying a she-goat if a definite milk is demanded from her or that it should be pregnant, then this deal will be invalid. However if the buyer demands that it should yield good quality of milk, the deal will be in order.

PROBLEM:- If among some things, the buyer wants one among them, he can select any piece of his choice. This is known as Authority / power of selection, and in Shariat terminology it is called `Khaya’r-e-Ta’een’. For this there are certain condition: (1) The buyer should fix/select any one thing for purchasing and not all the things in the lot. (2) From two or things he may select any one, but not one among four or more things. (3) The buyer should be told to pick up one (thing) which he likes. (4) The time limit for this choice should be maximum three days. (5) This power of fixation or selection should be confined on tare or high priced and not in things the like of which are available.

PROBLEM:- After fixing the price, the question of compensation arises, when the customer takes the thing with intention to purchase and it is damaged en-routes. Other wise not.

PROBLEM:- Suppose a customer takes a piece of cloth from the shopkeeper on condition if it is found suitable but the piece of cloth is lost. In this case no compensation is due, However if he takes the cloth saying if it is found suitable, he would pay Rs.10 as its price. If the said piece of cloth is lost, the customer will have to pay the compensation(because after fixing the price, the thing has become the property of the customer.

KHYAAR-E-RUYET (RIGHT OF INSPECTION).

Some times it so happens that after purchasing a thing without seeing it, it is found unsuitable. In such a situation Shariat has authorized the buyer to cancel the deal. This is known as KHAYAAR-E-RUYET (K.R). We may call it as the Authority of Inspection.

PROBLEM:- When a thing (packed or invisible from out side) is found unsuitable after inspecting it or not according to standers (mentioned by the seller) the customer has a right to cancel the deal.

PROBLEM:- Even if the customer expresses his intention to purchase it, without seeing or inspecting it and the thing is found unsuitable, he has still the right to cancel the deal, because has not exercised his right of inspection.

PROBLEM:- There is no time limit for K.R. (Khaya’r-e-Ruyet or right of inspection) after which this right can not the exercised, because this authority or right comes in force only on and after inspection of the thing under deal, and this exists unless and until, the customer personally or through some one after having inspecting the thing expresses his willingness or otherwise about it.

PROBLEM:- The K.R. or right of inspection can take place at four places. (1) In the out-right purchase of the things so chosen (2) Through the monopoly or the holder of monopoly (proprietor) (3) In division or distribution and (4) Compromise or on agreed formula for disposal of a particular object/thing. (Note: There is no right of inspection in respect of a thing received by way of compromise in the matter of Qisas (the Law of Retaliation). Similarly, there is no K.R. un respect of bed, liability, or in cash dealings in currencies. Howeverever inspection is permissible in respect of articles of gold and silver.)

PROBLEM:- The buyer sells a thing which he has not seen e.g. a thing received in inheritance (Mira’s). This deal is correct. But if on seeing the thing he wants to cancel the transaction, this he can not do.

PROBLEM:- In respect of thing which are received through division /distribution, all the possible rights can be exercised, namely, Khaya’r-e-Shart (or K.S.) (right of imposing conditions), Khayare Ruyet (or K.R.)(right of inspection) and Khay’ar-e-Aib (or K.A.) (right of disclosing/discovering defects) we shall deal this last named power/ a right after present the Khaya’r-e-Ruyet.

PROBLEM:- The deal of thing purchased without first having seen it can he canceled, because this deal was not binding on the buyer.

PROBLEM:- If the buyer takes possession of a thing (of sale), and expressed his willingness to retain it, or some defect takes place afterwards or he handles the things resulting some defect which can not be removed, in all these conditions the right of inspection (K.R.) can not be revoked, it has lapsed. He can not cancel the deal.

PROBLEM:- IF the deal of a thing which the holder has taken in his possession sells it to another person who returns it after having seen defect in it, or takes it back after having kept it as pawn or breaks the monopoly, then the changes taking place on account of different handling aspect on it, the power of inspection has already lapsed can no be revived.

PROBLEM:- If some part of the article of sale is damaged, though it may be serious nature or a slight one, the right of inspection (K.R.) becomes is lost.

PROBLEM:- Unless and until the buyer suspends or withdraws the right of inspection, the seller can not demand the price.

PROBLEM:- If the buyer dies after making purchase, his heirs shall not have the K.R.(Khyar-e-ruyet) or the right of inspection which means they do not have the right to cancel the deal.

PROBLEM:- If some change takes place in the article after the deal has been finalised, the buyer retains the right of inspection. But if the condition is the same as it was at the time of purchased then the K.R. (right of inspection) does not exist. How if at the time of agreement it was not known to the buyer that the thing he is buying is the same which is with him now, the-right of inspection will be available to the buyer.

PROBLEM:- The seller says that the thing which had sold is the same and no change has taken place in it, while the buyer says that the change has occurred, then the buyer will have to prove his stand by producing witnesses. IF the buyer does not produce witnesses, then the state of the seller, on oath, will be accepted.

PROBLEM:- In the cancellation of deal on the basis of exercise of the right of inspection (Khay’ar-e-Ruyet) the decision of the Qazi is required nor the willingness of the seller.

PROBLEM:- When the deal is rejected by the buyer on account of K.R. (khay’ar-e-Ruyet), the seller should be informed of this, otherwise he will be under the impression that the deal has been finalised. This will now necessitate finding another customer. In the absence of the required knowledge, he will not search a new customer and might suffer loss in the end.

PROBLEM:- Inspection/examination of the object of deal does not mean that it should be seen in full and no part should not be left unseen. The Ruyet (looking into) inspection means that the essential part should be seen, for example in respect of the things which are given in measurement or by weighing only a sample thereof should be enough. However in respect of things which are packed or stuffed in bags, the buyer has a right to revise the deal if he finds some defects in quantity/quality on examining the packed contents.

PROBLEM:- The buyer says that the things is not like that which he had seen and the seller says that the thing is the same which he had sold. In this state of dispute the opinion/decision of learned honest men should be accepted and abided by.

PROBLEM:- A man purchases a thing without seeing it and deputes another man as his attorney who sees the thing and accepts it. In the circumstances the deal becomes final and if he disapproves it, then the deal can be cancelled.

PROBLEM:- The buyer sends some one as his emissary to the seller to see the thing and take its possession. In this case the seeing /observing the thing by the emissary is not enough, the buyer has still the right to cancel the deal if he so desire on seeing the thing himself. If the emissary/vakil had seen the object of sale before being appointed as such. Now if the vakil approves the thing, the right of acceptance goes to him and he can finalise the deal.

PROBLEM:- The sale and purchase by blind man is both valid. If he sells something, he will not the right to cancel the deal, however, he will have this right if he buys something. He can examine the thing by touching its sides. IF he accepts it, then his right of rejection lapses. Similarly things which need tasting and smelling the deal will become final if he approves by lasting or smelling. A blind buyer can also depute some one on his behalf, in that case the right of acceptance is transferred to him and his decision will have to be accepted.

PROBLEM:- If the deal takes place by exchange of one with another (of different nature, for examples book and cloth) then both will have the right of deal as both of them are seller and buyer at the same time.

KHAYAAR-E-AIB (RIGHT OF DEAL IN CASE OF DEFECT IN THE THING)

This part deals with aspects of transaction of things in which some defects are detected after the matter has been decided and the thing concerned passes on to the buyer as new owner. The presence of defect in the object of sale has its effect on the price and utility of the thing. Here some aspects are mentioned in the light of Laws of Shariat in this behalf.

If the thing is sold without pointing out the defect, then the buyer has a return the thing to the seller when the defect comes to his knowledge. This exercise of right is known as Khay’ar-e-Ai’b (Aib in Arabic is meant defect, flaw, fault etc).

For the exercise of this right it is not necessary that the defect should be indicated at the time of deal (transaction). In any case the buyer has a right to return the thing, when he notices the . If he retains the thing full price will have to be paid (or the thing should be returned). It is not permissible that the buyer should insist to retain the thing on reduced price.

PROBLEM:- The defect should be such that in the market the price will be less (than originally demanded).

PROBLEM:- To hide the defect in the thing is har’am and a major sin. It should be mode known before its deal to any customer.

PROBLEM:- On the basis of Khay’ar-e-Aib (we shall refer it as K.A. for short) the buyer becomes the owner of the thing, but right of possession does not becomes his legal right (as the issue of defect remains unresolved) and the right of inheritance is attached to it. This means that if the buyer dies without knowing the defect, but the same (defect) is detected by his inheritors, then on the basis of K.A. (khya’r-e-Aib) the inheritors have the right to cancel the deal.
There is not time limit for exercising K.A. So long as other circumstances which prevent its return, are brought to light the right to cancel the deal remains with the inheritors of the deceased.

PROBLEM:- The prospective buyer comes to know about the defect in advance. As such he can cancel the deal without recourse to litigation. However if he has taken possession of the thing, then the deal can not be called off without the consent of the seller or under the orders of (Qazis) court.

PROBLEM:- For the exercise of right, under K.A. the following conditions should be fulfilled.

(1) The defect in the object of sale was there at the time of transaction or it was detected before the buyer look its possession. It means that if the defect after its possession by the buyer, no right of cancelling the deal can not be exercise.

(2) If the buyer takes possession with the defect in the thing, the same (defect) should remain. If the defect disappears (for any reasons) the right under K.A. lapses.

(3) The buyer should be unaware of the defect before striking the deal or at the time of taking possession (because if he buys or takes possession with due knowledge of its defect, no right under K.A. can be claimed).

(4) The sells has not absolved himself of the responsibility of the defect, because if he owns it, the buyer can not claim recompense under K.A.
(Note: The problems; relating to defects or otherwise in the habits of pet animals, birds etc ahve been left over, because they are of trivial nature and do not come for consideration under the Laws of Shariat – Translator)

PROBLEM:- The house which is generally regarded as haunted or carry ill-omen can be returned, because this becomes a known defect and the people normally do not like to purchase such a house. It is a matter of disbelief and not an inherent natural defect, but it becomes a “defect” from transaction point of view.

PROBLEM:- The basket of fruits if found stuffed with dry grass etc at the bottom, generally not seen, can be returned. The deal has a (moral) defect.

PROBLEM:- The Holy Quran or any book with misprints, or dim impressions can be returned.

PROBLEM:- IF after knowing the defect the buyer makes any kind of the thing as a matter of right of possession, then the right of cancellation on account of defect will not be permissible.

PROBLEM:- If a amn buys a goat or cow and it milk is used when the defect in the animal comes to knowledge, he can not return the animal. However he can claim damage. Similarly if the buyer milks the naimal knowing the defect in the animal. He can not return the animal because milking the animal knowing the defect amounts to willingness to retain it.

PROBLEM:- The man purchases piece of cloth for his minor child and it is cut to size, when defect in the cloth comes to notice. He can neither return the cloth nor demand payment of loss. However if the cloth is meant for the adult child, then he can demand payment of loss/damage.

PROBLEM:- If some new defect comes up in the article of sale when it is in the possession of the buyer, then whether the defect was on account of usage by the buyer of some natural calamity he can not return the article, however he can get the damage. And if the defect was produced by the seller, even then he can not return the thing, but he can receive payment for both the defects.

PROBLEM:- If the thing is such that on account of defect it is to be return (to the seller) but there is cost involved in its return, in this case the cost etc will have to be paid by the buyer.

PROBLEM:- If the object of sale is subjected to additional treatment, for example, if unstitched cloth is sewn, an uncultivated land is planted, or the object itself is lost destroyed, in all these cases, only the claim for damage is permissible, but not return, even both the seller and the buyer agree on its return. The Qazi too can not enforce its return by a decree.

PROBLEM:- An egg if it is found dirty filthy on breaking, it will not be returned, but it will be replaced or get the money back, because a rotten egg is of no use. This also applies to fruits, vegetables etc. Which are thrown away when they are of no use.

PROBLEM:- The buyer brings back the naimal as it is wounded (and he can not keep it), the seller says the wound is another one, the earlier wound has been cured and healed. In this case the statement of the buyer shall be accepted.

PROBLEM:- While offering for sale any thing the seller declares himself not responsible for any defect, the sale will be in order and if the buyer accepts the thing he can not return it or claim any damage for its defect if it is noticed afterwards.

PROBLEM:- if the seller warns the buyer to accept and buy a thing at his own risk for any fault, existing in it or noticed later on, the buyer on purchasing the thing, can not claim any damage or return it except with the consent of the seller and on terms specified by him.

PROBLEM:- The buyer wants to return a thing, but the seller suggests to accept some amount and retain the thing. The buyer accepts. This compromiseable is permissible. On the other hand if the seller refuses to take back the thing and demands some money for the deal or the buyer himself offers money to the seller for accepting back his own article. Any compromise thus reached will be invalid and the amount so offered and bribe and interest which is haram.

PROBLEM:- In order to know the difference between the prices of a thing when it free from damage or defect and when the damage has occurred, the expert opinion will be required to settle the issue. The difference between the prices can be claimed by the buyer from the seller.

PROBLEM:- A man purchases a a piece of land and makes it as a masjid. If some defect in the land is detected, it can not be returned. However damage so occurred can be claimed. Similar is the command in respect of the land made `Waqf’. Here too the damage if any noticed in the land can be claimed, but the land will not be returned.

PROBLEM:- A thing has been purchased with excessive fraud (Ghaban-e-Fa’hish) involved in it. It may have been done in either, the thing can be returned. If however the fraud is of a minor nature (known as Ghaban-e-Yaseer), the thing can not be returned. There are three kinds of fraud, (1) some time the seller deceives the buyer (2) sometime the buyer deceives the seller, while (3) the broker or agent deceives both or any one of the buyer or the seller.

In any three cases it the fraud is of excessive nature `Ghaban-e-Fa’hish’ (beyond the scope of bearing), he can return the thing. If the fraud has been committed by a stranger, the thing can not be returned.

PROBLEM:- When a thing is purchased with Ghaban-e-fa’hish, but the fact of fraud is noticed after sometime of its use by the buyer, he can return the thing after discount of the usage and get back the balance of the price paid by him.

UNLAWFUL DEAL (BAI-E-FA’SID).

The Holy Prophet (Allah’s grace and peace be upon him) has said, `Surely Allah forbidden (as haram) the Wine and its price (deal, selling and buying), the dead (corpse) and it price, and the hog (swine) and its price’ (Ibn Majah). It is reported in Bukhari and Muslim that the Holy Prophet (Allah’s grace and peace be upon him) has forbidden the deal in the fruits unless they are fit for use, he has forbidden both the seller and the buyer. There is Hadees in the Saheeh Muslim forbidding the sale of date palms unless they become red or yellow (on ripening), the sale of the grain while still in the plant, unless the ear of corn becomes white and there is peace after some natural calamity. It is reported in the Saheeh Muslim that the Holy Prophet (Allah’s grace and peace be upon him) `If you sell fruits (on the trees) and some calamity occurs, then it is not permissible for you to take any thing from it, it will be an unlawful grabbing from your brother without payment in return. Tirmizi has reported from Hakeem bin Hazam saying the Holy Prophet (Allah’s grace and peace be upon him) has forbidden me from selling a thing which is not with me. It is also reported in The Tirmizi when a companion came to the Holy Prophet (Allah’s grace and peace be upon him) and said, “O Prophet of Allah, comes to me to purchase a thing which is not with me, I settle the deal, I go to bazaar, purchase the thing and give it to the customer. He said not to do dealing in a thing which is not with you (as possession).

The Holy Prophet (Allah’s peace and grace be upon him) has forbidden two deals in one deal, meaning thereby that the cost of a thing if purchased in cash it is so much and if on credit the cost will a little higher, or in other case when a man sells a thing on a certain price and he tells the buyer to his thing on a certain price.

The Holy Prophet (Allah’s grace and peace be upon him) has said, `Loan transaction (Qarz-o-Bai’e) is not Halal (which stipulated a deal in such a way that the seller asks the buyer that he (seller) is selling his thing at such a price on the condition that the latter (buyer) would give him a loan. Another situation in this behalf (two dealings in one deal) is that a man gives another man a loan and sells his own thing at the hand of loan taker at a higher cost. And in the transaction, two conditions are not halal (permissible), and the profit on a thing is not a halal which does not carry guarantee and the selling of a thing is not permissible which is not one’s property (with rights of possession). (Tirmizi) Nisai and Abdu Dawood.

PROBLEM:- In a situation where a rightful participant in the deal is absent or the thing itself is haram or impermissible for deal, under the laws of shariat. The example where the right participant is not present is that either a minor child or a lunatic settles a deal which is not acceptable from the Shariat’s point of view. As for the (permissible) thing being absent, it is in respect of dead body (corpse, a carrion), wine or a Hurr tree person (not a slave) whose sale is not permissible, or the situation where the person or the place itself is not conducive to a permissible sale.

PROBLEM:- The article means for sale or its cost, if any of these does not ahve religious sanction, it dealing is impermissible, for example the dead corpse (carrion) blood or the Free (man or woman, not a slave) their deal is haram in any heavenly religion. If any of these is worthy of deal in some religion while prohibited in any religion, if they are taken as article of transaction then the deal will be invalid or if is taken as a cost or price then the deal will be totally wrong (Fa’sid) for example, the wine which is haram in Islam, while in christianly it was taken as a commodity. It therefore in any deal the wine is regarded as a commodity to be used in exchange of another commodity then the deal / transaction will be impermissible or Haram.

PROBLEM:- Asset (in Urdu m’al) is a thing to which human inclination is attracted, which is exchanged in business transaction and others are prevented to grab or extent it, which is accumulated for use in time of future needs. There fore a lump of clay which is stationary at a place, it will not be an asset and it transaction will be invalid, however when it is transferred to another, it will taken as an assets or commodity and a business of it will be valid.

PROBLEM:- By dead body corpse, carrion (in Urdu, Mur’dar) is meant that animal which is not slaughtered, whether the animal naturally, or some one strangulated it or some other animal killed it. However Fish and Locust are not included in `murdar’ because no slaughtering is possible with them.

PROBLEM:- There is no deal in any thing which does not exist, For example in a two storied building under possession of two different persons on each floor. If purchaser the upper portion collapses while other structures remain. Now, if the owner of the upper floor wants to dispose of his portion, he can not do so, the upper portion is now non-existent. If his intention is sell the occupancy or building right, this is also not permissible because the deal/transaction of a thing/article which physically exists. However the upper house exists (in any shape or condition) a deal of it will be valid.

PROBLEM:- Water lying in the well or canal can not be sold out. However when it is filled in pot or pitcher, it becomes the property of the holder. It can be sold as a commodity.

PROBLEM:- By collecting the rain water, a person becomes its owner. he can have a deal with it. The water collected in the yucca reservoir can sold, if fresh water in not forthcoming in to.

PROBLEM:- In a stock of things meant for sale some part is present and some part is not seen, like the flower beds, in such a case the sale is not valid. IF however the whole stock of flowers/beds are sold, then the deal is valid.

PROBLEM:- The principal point in a deal is that the thing meant for sale should belong to the specified category, any variation in quality or category of things will render the deal as impermissible. This is particularly applicable to the deal of bet animals or precious stones and gems. In such case the buyer is authorized to accept or reject the deal.

PROBLEM:- An article of `WAQF’ when mixed with another article of NON-WAQF’ brand for a business deal, the deal of the NON WAQF article is right and of the WAQF will be in valid. If MASJID in combination with any other article of any nature, the deal of both the categories will be wrong.

PROBLEM:- Two men sharing a house as owner-partner if one of them sells the entire house to the other, then the deal of his share is valid and the price of that share will be given to him but not of the entire house.

PROBLEM:- Two men are sharing a house or a piece of land. If one of them sells a part of the land, its deal will be invalid. However if he sells his own share of land, then the deal will be lawful.

PROBLEM:- IF the entire village having Masjid and graveyard is sold out, then the deal with the exception of the masjid and the graveyard will be lawful, whether or not the mention of these two places has mentioned in the deal. Even otherwise these religious structures/places are exempt from sale as a rule. (The management of these places can however be changed after the deal is over – Translator).

PROBLEM:- The business deal of human hair is not permissible and to make use of these hairs in others ways is not allowed, for example to make plaif of human hair which the women put on their head is “haram”.

PROBLEM:- The Holy Hair (Moo-e-Mubarak) of the Holy Prophet (May Allah’s grace and peace upon him), in possession of any person can be gifted to another person in exchange of another gift (not by way of sale) is permissible. To receive blessings from the Moo-e-Mubarak to drink and apply the washed water of the Moo-e-Mubarak on the eye-lids is recommended in the Ahadees of the Holy Prophet (Allah’s grace and peace be upon him).

PROBLEM:- The invalid deal (known in Shariat as Bai-e-Baitl) does not imply the possession of the article of sale by the buyer if he gets it by way of purchase (which is declared unlawful-batil). So long as he remains in possession, it will be as a trust (amanat).

PROBLEM:- To include conditions in the agreement of deal as a matter of necessity is not harmful (for example, imposing conditions on the seller to arrange possession to the buyer of the article of purchase or the condition asking the buyer to arrange personal guarantee of the payment of the price of the article of purchase or of placing some like prices article as a pledge (pawn) to ensure payment, provided the person who is appointed guarantor (Zamin) is present in the same sitting time. In these circumstances, these extra precaution are permissible. However if he guarantor (Zamin)refuse to act as such then the deal will become faulty (Fasid). If the buyer refuse to agree by these assurances the seller has the right to cancel the deal. Similarly the buyer can ask the seller to make so and so as the guarantor who will facilitate possession of the article or if any right accrues from the article, the guarantor will get it accepted and paid by the seller. This is also permissible. The guarantee as declared by the owners/manufactures of the articles of sale which procedure is becoming popular in the modern business deal is also valid. However all such conditions of guarantee which are not valid from the shariat point of view (however attractive) will make the deal as totally invalid and unlawful.

PROBLEM:- The conditions of the following natures imposed while transacting a deal are unlawful, namely,

The servant sold will serve the seller for one month.

The seller of the house will stay for one month.

The buyer will give so much amount as loan or give so and so thing as a present.

The seller will keep the sold article will not vacate possession for one month.

In all these above mentioned conditions the business transactions will not be lawful.

PROBLEM:- There is no mention of the price in the business deal, but it is said that the price current in the market will also be its price. This is not permissible or, if it is said that there is no price (as a deal) this is also not valid, because there can be no deal without the price.

PROBLEM:- The sale is cash of he fish which is still in the pond or the river is not valid as these are in the possession (milkiyat) of the seller. Or the same (fish) in this condition (not yet caught) if sold in exchange of articles other than cash, this is also not valid, because (in both these cases) the possession is not acceptable.

PROBLEM:- The sale of fish caught from the river and put in a ditch from where it can be caught without any help or thing, is valid, because its possession it recognizable. If however foreign object is necessary to remove the fish from the ditch, then its deal will be valid only when its possession is given to the prospective buyer. If the fish comes of its own in the ditch which was prepared for this purpose, then the fish will become the man’s property, others can not take/claim it. If the ditch was not dug for this purpose, then the fish falling in it will not that man’s property. However, if he closes the outlet of a ditch in which fish have floated from the nearby pond, he becomes the owner of the fishes that are blocked in the pond. The deal is this fishes will be permissible. Similarly if some fleeing quadruped like deer, slag fall in the ditch dug for any purpose the animal becomes the possession of ditch digger others can not claim it. However the ditch was not dug by any one, then the animal falling in it becomes the property of anyone who can by hand on it, suppose a string net is spread in the open for drying it and some bird gets caught while flying near. Then if the net was spread for the purpose of catching the birds, the birds caught in it belong the net owner. Otherwise laying hand on them can carry them home. If the birds caught in the net escape in the open, then any one catching them will own them. Similar is the command in respect of hunts to made by hunting dogs and hawks.

PROBLEM:- If a stray bird lays egg/young one after self hatching they will be owned by the man who has make this place for this very purpose. Otherwise any one how finds them would be deemed the owner.

PROBLEM:- If some animal of hunt by chance comes into the house and the man inside shuts the does, then it becomes his. No other person can take it.

PROBLEM:- To give ponds lakes etc on contract for catching fish (hunting) is not permissible.

PROBLEM:- Fish caught in the net and sold out as a routine. The fisher catcher can not claim any pearl recovered from inside any fish nor can he claim as a separate article of sale. Such a claim and the sale there of are both unlawful.

PROBLEM:- The agricultural farm in which the crop is not ruipe the deal there of is of three kinds namely, (1) the buyer will cut the crop forthwith, (2) he will have it grazed by his animal (3) he takes it on the condition that till its ripeness he will leave the field as it is . In the first two cases, the deal (purchase) by the buyer is permissible, while in the third case, since it is profitable for the buyer, the deal will be irregular.

PROBLEM:- To sell the fruits ( on the trees) before they are even visible now means an irregular and faulty deal. However if the fruits have appeared (on branches) although they are not yet of use, the deal will be permissible, but the buyer must pluck them forthwith. If the condition has been settles that so low as the fruits become ripe, they will remain on the trees, then this deal is faulty (Fasid). OR if the purchase has been made without any condition or if the seller has agreed to allow the fruits on the tree till they are ripe then the deal will be in order.

PROBLEM:- If cow, goat or hen have been let out to another man on the condition that he will feed and nourish them and their young one’s and chickens will be divided half and half between them, such a deal is not in order. The young ones and chickens belong to the owner of the animals and the other man will get the cost of feeding and care taking the animals at the rates that are extant at the moment.

Similarly if a man offers his land to plant trees on the condition that after a stipulated time, they will divide the trees and fruits equally between them. This is also irregular. The trees and fruits on them belong to the owner and the other man will get the price of the trees at the rates, which were current when the tress were planted, he will also get the wages of the labour which he rendered in this connection

PROBLEM:- The sale of the skin of a carrion (murdar) in unlawful when it is not tanned. And if it is tanned, its use and sale is permissible.

PROBLEM:- The sale of unclean (napak) edible oil is permissible and it can also be used for other purposes except cooking and eating. But it is necessary that the buyer should be informed of the oil being impure and unclean, so that he may use it for cooking. Even otherwise impurity is a blemish or fault of which one should be informed. Unclean and unholy oil can not be used in oil lamps in Masjid, but it can be used at home.

PROBLEM:- The fat of a carrion is prohibited for sale and derive any benefit (money) in any way from it.

PROBLEM:- The tendon, hairs, bones, quill, beaks, hooves and nails of a dead body can be sold as well as made use of. Similarly the ivory and bones of an elephant can be sold and made use of for any purpose e.g. decoration pieces, bracelets etc.

PROBLEM:- Iron and brass finger rings which are forbidden to men and woman are also forbidden for sale. Their sale is makrooh (undesirable). Similarly the opium is also forbidden for use and sale especially at the hands of those who are addicted to it, because it amounts to encouraging them in their notorious habit.

PROBLEM:- The thing of which deal has been settled but the full price has not been received can not be purchased at a lesser price from the buyer, even if the market rate of it has dropped.

PROBLEM:- A man purchases a thing but he has not yet taken it possession. If he proposes to sell this thing along with another thing which is his own, the deal will be valid in respect of the thing of which he is the owner.

PROBLEM:- A man offers his portion of the house for sale to another man, but the seller is not aware of the portion of the house offered for sale, while the buyer knows, the deal in this case is valid. In case buyer does not know what portion is under deal then the deal will not be in order even if the seller knows.

PROBLEM:- After entering in deal of a thing with a man to sell it to another person is haram and extremely false, If the first deal is cancelled, even then the second deal will not be in order. However, if the first buyer has taken possession of the thing, then for the second deal his consent and permission is necessary.

PROBLEM:- The deal in which the quality of the thing and its exact price are not clear, is not valid, especially when there is a possibility of confusion and dispute afterwards. However if the deal is clear and mutually agreed, then there is no harm in finalising it.

PROBLEM:- The command in respect of an invalid deal is that if the buyer takes possession of the thing with the permission of the seller, then he becomes the owner of thing, but so long as he does not possess the thing he will not be regarded as the owner. The permission of the seller may be distinct case the possession and ownership is valid.

PROBLEM:- In a faulty and irregular deal (Bai-e-Fasid) it is incumbent on the buyer not to take the thing in his possession. It is also necessary for the seller to check the buyer to do so. To cancel the irregular deal is the duty of every one concerned with the deal. If the possession has already been made, it is the moral duty of the buyer to cancel the deal and return thing. If such as situation has arisen where the thing concerned has been lost and damaged to an unrepairable condition, then the like of in utility or in price thing must be replaced. I f the issue of returning the price comes up for settlement, then the price of the thing on the day of deal will have to be paid.

PROBLEM:- To carry out the deal under compulsion or unlawful mean amounts to faulty deal and it must be declared invalid. But the cancellation of the deal is not incumbent on the man who has been compelled to undertake the deal. But it is binding on the man who has used compelling tactics.

PROBLEM:- In an irregular and faulty deal if the buyer takes possession of the thing without permission of the seller, then it will neither a valid possession nor ownership nor any usage of the thing.

PROBLEM:- In an irregular deal, the buyer sold the some thing with another man or gifted to some one as a gift or did any thing which prevented the return or come back in possession of the buyer (original one who bought the thing in the first instance) the whole process (which deprived the real buyer to regain possession of the thing in the deal) made the deal as faulty and it can not be cancelled or withdrawn..

PROBLEM:- If the deal was done under compulsion or unwillingness of the buyer and after gaining possession, makes some kind of usage with the thing, then every thing done with the thing will be taken as invalid and the seller still has the right to cancel the deal.

PROBLEM:- The deal can be cancelled even if the thing is given on hire to some one.

PROBLEM:- IF any one of the buyer of the seller dies, his heir has the right to cancel the deal as the successor to the deceased and using the latter’s right in his behalf.

PROBLEM:- If the irregular deal is cancelled, then the seller can not take the thing back unless he returns the money, either the some money which he received or its equivalent.

PROBLEM:- If the land id purchased through the irregular or faulty deal and the buyer plants trees on it or builds a house there on, in this situation the deal can not be cancelled and the buyer will have to pay the price of the land.

PROBLEM:- A legator (i.e. the person from whom an inheritance is derived, in Urdu `Muris’) had received the property etc. through unlawful (haram) means, and now the some has come in the possession of the rightful heir (waris). If he comes to know that the property belongs to so and so person, then it is moral responsibility to hand over the property to that person. If he does not know who the real owner is, then he should give it away as a charity on behalf of the (unknown) owner.

PROBLEM:- It is not necessary for the buyer to enquire from the seller that the thing under deal is halal or haram. However if the seller has a bad reputation in his dealing, then it is necessary to check. If the thing is halal, he should finalise the deal, otherwise he should abstain from it.

PROBLEM:- After purchasing a house and settling the deal if some money or any other costly thing such as jewelry or ornaments are discovered then the same should be returned to the seller, as it is demand of moral and hones dealing.

Iddat

IDDAT (The waiting period of a divorce or widow).

Iddat has been defined as the waiting period for a widow or divorced. In sharait terminology it is the waiting period for a woman when her NIkah with a man is no more extant for one reason or the other, The waiting period means that after the cessation of nikah the woman has to restrain herself for another Nikah till the prescribed period is over.

PROBLEM:- The Iddat begins after the annulment of Nikah by the woman whose husband has expired or a separation takes place between them provided the marriages was consummated by the sexual union. There is no Iddat for an adulteress, though she may be pregnant, she may marry with the man with whose sexual contact, she was rendered pregnant. If she marries with another man then no sexual intercourse is permissible with him till the birth of the child.

PROBLEM:- In an unlawful or faulty Nikah (Nikah-e-Fasid) if there is separation prior to the intercourse, there is no Iddat but after the sexual intercourse the Iddat is necessary if separation between them takes place.

PROBLEM:- There is no Iddat for the divorced woman whose place of shame is close, although she may have had sexual contact.

PROBLEM:- The woman is given Talaq, rajee or baain or the nikah is annulled for any reason, and sexual intercourse has taken place, but the woman is not pregnant at present and she gets menses, then the period of Iddat is passing of three menses.

If the woman does not get sense because of being underage or she has reached the age of dryness (ceased to have menses due to oldage) or by the number of years she has reached the age of puberty, but does not have menses, then in all these cases the term of Iddat is three months. (If she is a slave girl, the period is one and a half year.)

PROBLEM:- If the Talaq or the cancellation of Nikah takes place on the first of the month, then 3 months Iddat shall be taken into account according to lunar calendar and if it is some other date, then the month of 30 days or 90 days in all shall be taken for the Iddat.

PROBLEM:- The woman has had the menses but now she does not have it and she has not reached of dryness (of menses) then the term of Iddat is according to the number of menses, Therefore she has three menses or reaches the age of dryness, her Iddat will not be over. And if she did not have menses before, but after the commencement of Iddat she gets the menses, then the term of Iddat shall be three menses.

PROBLEM:- If the Talaq is given in state of menses, this menses will not be counted in the three menses for Iddat. After the present one 3 more menses should pass to complete the term of Iddat.

PROBLEM:- The woman who has been married on an incomplete or faulty nikah (Fasid) and she has undergone sexual intercourse or the woman with whom there has been nominal or pseudo intercourse, the Iddat of both shall be counted on the separation and death (as the case may be) on the basis of menses. If no menses takes place, the Iddat shall be of three months duration.

PROBLEM:- The woman with whom an underage boy commits intercourse or she has only apparent co-habition or on a wrong and illegal nikah, the same Iddat will apply. If the intercourse took place while the boy was underage and on reaching adulthood he divorce her, the same term of Iddat shall also be applicable in this case.

PROBLEM:- In the event of faulty (fasid) nikah the Iddat shall take place from the date of separation or the date when the man abandoned intercourse on his own admission.

PROBLEM:- The Iddat on account of Talaq is from the date of the Talaq whether the woman is aware of this or not. If she comes to know after the passing of three menses then the Iddat will be deemed to have already taken place, or if the man mentions any particular date (of Talaq) then the Iddat will be counted from that date.

PROBLEM:- The Iddat on husband death is four months and 10 days (including the 10th night) when the nikah was lawfully complete and correct, whether or not the intercourse had taken place and whether the husband or wife was underage (minor).

PROBLEM:- If the woman is pregnant, then the Iddat will last till the delivery of the child.

PROBLEM:- For the Iddat on the delivery of the child, there is no time limit fixed. The Iddat comes to an end as soon as delivery takes place when she was in Iddat on account of death or Talaq by her husband, even if the delivery takes place just one minute after the Talaq or the death. In the case of abortion if the limbs of the child have been formed, the Iddat will (immediately) takes place. If twins or triplets are born the last born will mean the end of Iddat.

PROBLEM:- The was given Talaq Raj’ee but th man died during the Iddat the woman will now to complete the Iddat of death. The Iddat of Talaq will lapse.
(Note: I have omitted the case where in it is stated, if pregnancy takes place of the husband. In my opinion this will last suspicion about the woman character. The sperm is the seed of pregnancy. How can seedling take any time for its getting roots in the lamb. This may be examine – Translator.)

In any case of Iddat whether on account of death of the man, or formal talaq or the one based on pregnancy and delivery or three menses whatever term is in process, full term will have to be completed, specially the last phase of Iddat.

THE MOURNING (SOAG).

The Holy Prophet (Allah’s grace and peace be upon him) has said that `any woman who believes in Allah and the Day of Judgment should not mourn the death of a person for more then three nights except for the bereavement/demise of her husband which should be for four months and ten days. She should not wear colored clothes except the clothes which is dyed by tieing it will threads before spinning into a cloth, she should not apply collyrium (surma) to the eyelids nor tough any perfume but she use very mild perfume after the purification bath of menses. Hina is also forbidden.

Mourning means that she must give up wearing ornaments, jewels, gold, silver, silken clothes, nor apply perfumes on the clothes or the body ,even if it be a odorless oil nor comb the hair. The clothes in hues of saffron, giru red etc should also be avoided.

PROBLEM:- However she can wear old and worn dress of fading colours as well as the clothes of black colour, provided it is not silken or other fibers which resemble silk and shining.

PROBLEM:- In case of head-ache or pain in eyes she can apply hair oil or collyrium for relief from pain.

PROBLEM:- Mourning is by the adult sensible Muslim woman when Iddat is due to the death of the husband or on account of Baain Talaq.

PROBLEM:- If the marriage is dissolved due to the impotency of the husband, there is Iddat and in Iddat mourning should be observed.

PROBLEM:- The woman can observe mourning of some close relative, the husband may not allow mourning in sympathy of another woman who husband has died.

PROBLEM:- To wear black clothes in sympathy of some one’s death is not permissible, but the woman mourning the death of her husband can wear black clothes but not for more than three days. However, if there is mark of display, the black clothes can be used for the entire period of mourning.

PROBLEM:- To send a clear and open message of nikah to a woman who is in Iddat is haram. However in the case of Iddat of death a guarded and suggestive message can be sent, but not in any other kind of Iddat.

PROBLEM:- A woman in Iddat on account of Talaq Raj’ee or Baain or separation on Khula etc, should not go outside her house. An underage (minor) girl who is in Iddat on account of Rajee Talaq can go out with the permission of her husband, and in the case of Baain Talaq she can go out without the permission.

PROBLEM:- In the event of incomplete/faulty (fasid) nikah, she can go out in Iddat, but the husband can check her.

PROBLEM:- She can not change her house during Iddat, even if the house is a rented one. The rent of the house during her Iddat is to be paid by the husband. IF the husband has gone out and she can pay the rent even then she must stay in this house.

PROBLEM:- In an Iddat of death the woman can be allowed to go out during the day time to earn her livelihood if there is no alternative for her subsistence. But she spend the nigh at home.

PROBLEM:- The woman should complete the term of Iddat in the same house in which she was living at the time of separation from her husband or at the time of his death, unless there is some such serious matter over which she has no control and she is compelled to leave/vacate the house.

PROBLEM:- The woman has gone to her mother house or else where when the husband gave her Talaq or he died. In that event the must return to be house without delay.

PROBLEM:- In the event of Talaq Baain there should be a screen between the husband and the wife if both have to stay in the same house (in the Iddat) as she has stranger to him, If the space available is too limited and insufficient to keep them separate during the Iddat, then the husband should stay outside for the time being. But the woman should not be turned out. In the case of Talaq Raj’ee no screening between them is necessary even if the husband is an impious and worthless fellow.

PROBLEM:- The same provision are applicable in respect of Three Talaqs as in the case of Talaq-e-Baain.

PROBLEM:- The husband can not take the woman out on journey during her Iddat even if it is on Iddat of Talaq-e-Raj’ee.

PROBLEM:- The commands for the Iddat of Talaq Rajee are the same as are for the Talaq-e-Baain, but there is mourning in Talaq-e-Raj’ee. If the woman is given Talaq Rajee in the journey she will remain with the husband and in the journey in some other direction, she can not go with him.

FAMILY IDENTIFICATION OF THE CHILD
(Saboot-e-Nas’l)

The child belongs to him whose wife is she and for the adulterer are the stones.

PROBLEM:- The duration of pregnancy is minimum six months and the maximum two years. Therefore the woman who is in Iddat of Talaq-e-Rajee, but has not confessed the fulfillment of the Iddat. If the child is born during this period, this is the confirmation of the child’s identity as being the son of wife’s husband (his legitimate parents). If she admits the completion of her Iddat but the duration of Iddat is so prolonged that full Iddat could he completed in it and the child is born within the six months period of her admission (of Iddat) then it is the proof that the child belong to the, although it shows that the woman admission (Iqrar) of her Iddat was wrong. This also proves that the husband had resumed conjugal relations within the Iddat of Talaq-e-Raj’ee, provided the child is born after two years or more after the Talaq. If the child id born in less than this period, then the husband’s resumption of husbanding rights is not established as it is possible that the pregnancy is before the Talaq. And if the child is born in less than six months time form the time of admission of her a Iddat. Then the legitimacy of child’s parentage is established otherwise not.

PROBLEM:- If the woman was given Talaq-e-Baain the child is born within two years of Talaq, then the legitimate parentage is established. If however the child is born after two years, the rightful parentage will not be proved. But if the husband claims that the child belongs to him, then this will be accepted. Or if one child born within two years and the second child afterwards, then the parentage of both the children will be proved.

PROBLEM:- If the child is born within six months of the Nikah, then the child will not be taken as legitimate. If however, the birth takes on after six months time of the nikah, then it will taken that the parentage is correct or legitimate when the husband keeps quiet or does not admit. And if the husband says that no child is born, then on the evidence of another woman, the birth of the child will be taken as true. Similarly if the husband admits the pregnancy or the latter is apparent, then the Talaq is established, but for the legitimacy of parentage, only the statement of the woman giving delivery is enough. In case two deliveries take place one within six months and the other on or after six months, then the parentage of both the children will remain unproved.

PROBLEM:- If the child is born within two years of the husband death, no parentage with him will be established otherwise not.

PROBLEM:- On the birth of the child the woman says that six months or more than six months time of nikah has passed, while the man says that six months have not elapsed, then the evidence on oath should be taken from the woman and her statement should be accepted. To disprove this, if the husband or his successors desires to produce witnesses, then they should not be listened to.

PROBLEM:- A man commits adultery with a woman and latter marries her, if the child is born in six months or more the parentage will be accepted, and if this birth is in less then six months of marriage, its parentage will not be established even if the husband claims the child as his from the illicit intercourse with the woman.

NOURISHMENT OF THE CHILD.

Nourishment of the child is the right of the mother whether she is in nikah or out of it. However if she has rejected her faith and become apostate, then she can not nourish/take care of the child or if she is involved in some immoral or indecent activities (adulteress, thief or profession mourner) then the child should not be given in her care. Some scholars are of the opinion that if the woman does not offer regular prayers she too should not be allowed to nourish the child. But the best course is that the child should be under its care in the beginning for so long as he remains infant and when it he begins to show signs of understanding he should be taken away from her and made over to his mother. (The text (P-271) may also mean that the child should his mothers care from the beginning), similarly, the child should not be given to his mother during infancy when she has often to go out of the house because of her profession.

PROBLEM:- IF the mother of the child marries a man who is ghair mehram to the child (a person who is not admitted in the woman apartment), either by reasons of family lineage or due to fosterage, then the child will not remain under his mothers protection. And if she marries a man who is mahram to child lineage, then her right of nourishment will not be abrogated. For example, if she marries the foster uncle of the child, the latter (child) will not remain under her care, because this man in spite of having foster relation is a stranger by family relations. And if she marries a family line uncle of the child, then her rights of nourishment will not lapse.

PROBLEM:- If the mother is unwilling to nourish the child without payment and the father is in a position to oblige her, then he should do so. And if he is poor and can not afford payment, the child should be given in the charge of the relation next to mother if he is willing to undertake care of the charge without payment, provided the mother has not married the Ghair Mahram relative of the child and it should be made clear to the mother that she must undertake the nourishment of her own without payment or hand over the child to so or so person. In the latter case if the mother desires to see her child often and take him for cares or protection her request should not be turned down.

PROBLEM:- One on whom devolves the care and protection of the child refuses and there is no other woman who can look after the child, then the former shall be pressed to undertake the responsibility, Similarly, if the mother refuse to breast feed the child and the does not accept feeding by any other woman, nor any woman agrees to feed the child without payment and the father is monetarily helpless to pay, then in this acute condition the mother should be compelled to feed her own child.

PROBLEM:- The child is under the nourishment of the mother who is either in the nikah or Iddat of the child father, in this situation the mother shall not be given any compensation for feeding the child. If she is not in the Nikah or the Iddat then she can receiving payment for nourishing the child. She can also claim the amount for the feeding and maintenance on behalf of the child, she can even demand living accommodation and the provision of a servant. All these expenses shall be paid from the assets of the child if there is any, otherwise the man on whom all these responsibilities devolve shall meet the monetary obligations.

PROBLEM:- If the mother had previously refused to nourish the child and now wants to take the child under her care, she can be allowed, in fact this retracing her obligation should be encouraged.

PROBLEM:- If the mother is incapable to nourish her child or she has refused or the woman has married a stranger, now the charge of nourishing the child will be undertaken by grand maternal mother (nani) of the child, if grand matermal mother is not there the responsibility will fall on grand paternal mother (dadi) on the conditions mentioned above. (Note: other eligible relations mentioned in this context (P-272) are mere logical and can hardly be taken recourse to.)

PROBLEM:- If the person eligible and willing to take care of the child be of equal status, then the man deserving of this responsibility is the one who is better, then one who is more righteous then who is elder in age more qualified in other respect.

PROBLEM:- The child is under the charge of the grand mother (nani or dadi) but she is dishonest then the father’s sister (phoophi) can take back the child and keep him under his care and protection.

PROBLEM:- The woman on whom is the right/responsibility to nourish the child, should be allowed to keep him so long the necessity of keeping him there remains (unavoidable) or in other words the boy becomes able to look after his basic personal services (eating, drinking) attending to natural calls etc. This be can when he reaches the age of seven or so. There after he should be withdrawn and given under the charge of the father. If he refuses, then he should compelled to undertake this responsibly.

In the event of the girl begin under the care of her mother she should stay there till she reaches the age of nine. If the girl is married in the age lesser than nine years she should not leave mother’s house especially when she physically attractive exciting passion. Merely marriage should not be taken as the end of the responsibility. She should be allowed to go to her husband house when she attains puberty and capable of experiencing matrimonial demands.

PROBLEM:- After reaching the age of seven years, the son will remain under the vigilance of his father or grant father or any patron. But when he becomes adult and possess common sense to distinguish between virtue and vice and is not likely to fall in evil company of young men which may bring infamy and disgrace to the family , he may be allowed to remain wherever he likes. Other wise he may be advised to stay with family elders. However after reaching adulthood the father/grand father are not obliged to pay maintenance for the son. If they do, it will be a favor.

PROBLEM:- The daughter after nine years age till attains puberty and is given away in marriage, should stay with father / grand father / elder brothers. This is to take precaution for any untowards mishap, causing disreputation to the family. She can not stay with the son of her uncle for maintenance as he is a non-mahram, where as it is necessary that the girl should live with any Mahram relation. The other alternative is that she may be given under the guardianship of nay righteous woman who may guard her honor with devoted care.

PROBLEM:- The boy had not reached adulthood but he has become fit for working in some suitable trade. There is no harm in sending him out for working and earning to build his future and fortune. It must always be kept in mind that takes up such profession or whereby he may earn and learn (preferably religious education) at one and the same time.

PROBLEM:- In respect of the girl who is proceeding to puberty the same basic principles should be adopted as are suitable and profitable for her as a girl. The choice of avocation is vast and variegated in the female lines, common sense, rather prudence should be applied as far as the future of the girl is concerned, because the problems facing the fair-sex are as delicate as it is they are complex in nature and scope. Sensible parents are expected to make prospective choice, but the most honorable and lifelong peaceful and prosperous choice is to find for her a life partner which may guard and promote their interest in deen-and-dunya.
(Note: In presenting the problems in this context a broad view, has been adopted keeping in mind, at the same time, changes / trends taking place even in Islamic Society. There is no deviation from the basic principles laid down by the Shariat. In a sense these are in elaboration of the age long commandment in this behalf.

PROBLEMS OF MAINTENANCE

In the Shariat Terminology this aspect of Nikah and Talaq is known as NAN-O-NAFQAH, literally meaning Bread and Living Expenditure for which the English Equivalent is Provision for Maintenance of living by the husband. In a broader sense it stands for provision of Food, clothing and house. The come in effect on three counts (1)Marriage (2) Family Lineage and (3) Assets, respectively standing for Zaujiat, Nasab and Milkiyat.

PROBLEM:- The provision of maintenance for the woman by the husband who has married her through a valid and fully documented nikah in the prescribed Islamic manner, the woman may be a believer (Musalman) or unbeliever, free of purchased through a written agreement, indigent or prosperous, consummated (matrimonially) or the consummated, adult or minor but capable of transacting sexual intercourse or physically built to excite passion, even if the husband is minor in age, the maintenance is binding on him, to be paid from his monetary assets. If the husband possession id meager, it will not be given by the father of the husband. However if the father has stood surety on his behalf, the father will pay the maintenance.

PROBLEM:- If the husband is impotent or has an amputated organ (and incapable of sexual intercourse) or weakness on account of disease or has gone out for Hajj, the maintenance is wajib on him.

PROBLEM:- A minor wife who is unfit for sexual intercourse her maintenance is not due on her husband, she may live with her husband or with her father till such time as she becomes fit for conjugal relations. If the minor wife is living in the house provided by her husband for rendering any service or on account of her infatuation for him, the maintenance will be due on the husband.

PROBLEM:- The private parts of the woman is retarded making intercourse impossible or she is gone mad and resists sexual intercourse, even then the maintenance is due on him.

PROBLEM:- In an illegal or defective nikah, no maintenance is payable. If the nikah has been apparently in order and the Qazi has ordered the maintenance, but later on it is discovered that the nikah was not lawfully valid (The wife was found out to be the foster-sister of her husband), then the husband can take back whatever he has given as maintenance on the orders of the Qazi, However if has given the maintenance on his accord without the consent or command of the Qazi, then he can not take back the maintenance given by him.

PROBLEM:- When an adult woman demands maintenance when she has not gone to her husband house, her demand is valid provided the husband had not till then asked her to accompany him or she has no refused to go along with him. If the woman has refused, it may be due to any of these two reasons, (1)she is demanding instant meher (mehre muajjal) which is her right and she is due maintenance or (2) her refusal is unjustified on account of wrong statement,then no maintenance is due unless she goes to her husband’s house.

PROBLEM:- After once the sexual act, has taken place, the wife refuses to go to her husband’s house demanding the payment of instant meher (muajjal) as a precondition, then she is entitle to the maintenance (by way of payment of meher), otherwise not.

PROBLEM:- If the woman leaves the husband’s house without permission or reason, she will not be entitled to any relief (maintenance) unless she returns.

PROBLEM:- The woman who has been given Talaq will, in all circumstances, receive the maintenance (Nafqah) during her Iddat, whether it is a Talaq Raj’ee or Bain or Three Talaqs, she be pregnant or otherwise.

PROBLEM:- So long as the woman does not reach the age of dryness (permanent stoppage of menses due to oldage), her term of Iddat is three menses. Before reaching this age, if a young woman does not have menses for any reason, she will receive maintenance during her Iddat how so ever it may prolong. If, even till reaching this age she does not get menses, then she will get the maintenance for the duration of three menses when her Iddat will terminate. However if the husband proves on evidence of witness that she has already had three menses, then the demand of maintenance shall lapse.

If, on being given the Talaq the woman disclosed that she is pregnant, then the term of Iddat will continue till after the delivery. Which will be two years time from the Talaq. If she does not deliver the child till the end of these two years and the woman still maintains that she did not have menses and believed that she was carrying (pregnancy) she will continue receiving maintenance till the expiry of three menses duration after the age of dryness, that is three months after this age.

PROBLEM:- If the woman does not claim the maintenance of Iddat after the Talaq nor did the Qazi fixed any such amount, then the no maintenance will be due after the Iddat is over.

PROBLEM:- The woman whose husband is long absent and whose whereabout are not known married another man who had sexual union with her. Now if in the meantime the former husband comes back, then separation shall be effected between the woman and the second husband and the woman shall go through the Iddat, but the maintenance of this Iddat shall be neither on the first husband nor on the second husband.

PROBLEM:- No maintenance is wajib (essential) during the Iddat on death of the husband, whether the woman is pregnant or not. Similarly the separation taking place on account of woman immorality or belief against the religion would not entitle the woman any maintenance.

PROBLEM:- The maintenance is permissible in the khula (separation on woman’s demand before a competent authority). However if the khula is granted on the condition that the woman will not demand maintenance or accommodation (or cost thereof) the woman will not get maintenance, but the husband will have to pay for the accommodation (residence), because the woman has no right to dispense with the payment on account of residence.

PROBLEM:- In the event of Eelaa, Zihaar or Liaan by the husband against his wife (there have been discussed in length in the preceding pages) or he forsakes his religion (becomes apostate or murtid) or he commits intercourse with the mother of his wife or a wife of an impotent husband secures separation, in all cases the woman will get the maintenance.

PROBLEM:- If husband and wife are both rich and the question of maintenances comes up between them then the same will be paid as among the rich, and if both are poor, then the maintenance will on the level of their living condition. And in the event of disparity or mixed level of living, the maintenance will of an average standard suitable and agreeable to both, with some concession or favor towards the woman.

PROBLEM:- While providing maintenance the wife should not be pressed for undertaking domestic work of which she is not used or which is beyond her capacity.

PROBLEM:- On the question of provision of maintenance it is for the husband to provide objects of utility or the domestic requirements.
(Note: The list of articles, to be provided by the husband and other facilities of which the woman is entitled given on P/277 are not of universal or national nature. On the contrary these are of purely local or primitive nature. They have been therefore omitted – Translator)

PROBLEM:- It is upto the husband to provide his wife with every thing of necessity or make arrangements by giving the required amount of money. The woman, on her part should not under restraints upon herself which may cause ill effects on her physiques or general health which are the prime source of attraction or endevourment for the husband. He may take any stops to make her live in good trim.

PROBLEM:- If the husband is a poor man without any possession and as such, he is unable to pay the maintenance expenses to his wife. However it is desirable to cause separation on this account. He can be asked on the command of Qazi to earn money through labour or service to meet the responsibility fallen upon him. He might also take loan for this purpose and repay it in installments.

PROBLEM:- The next demand for maintenance is the accommodation for residence. The house which the husband provides should be such that the couple may live in complete privacy, which is the prime necessity for a married pair and it depends their resources how best they can help themselves or the parents of husband can offer their assistance. Other details in this connection can be mutually settled and put in operation.

PROBLEM:- The parents of the woman can come once in a week or as often as it is convenient to see their daughter. Similarly the woman can also visit her parents and other near relations with the permission of her husband.

PROBLEM:- The maintenance due on the under age will be paid by the parents, when the son is poor and resource less. If the adult son is crippled, lunatic or blind and as such is unable to earn his livelihood and arrange for the maintenance, the parents will have to bear this liability.

PROBLEM:- IF the son has some property in his name and there is the responsibility of maintenance on his shoulders, then the money for this purpose can be obtained through sale of his property even if the whole property be consumed in this behalf.

PROBLEM:- When the daughter reaches the age of puberty (she becomes young) and is given away in marriage then the liability of maintenance no longer remains of her father. It is shifted to her husband (and his family member).

PROBLEM:- If the mother receives the maintenances from the father of the child and the same (the money) is lost or stolen, she can once again demand the maintenance from the father of the child. If, however the amount or part of is recovered, it should be returned.

PROBLEM:- The feeding of the child becomes the moral responsibility when no other woman is available, or the child does not accept the (breast) feeding of another woman or the father is poor and can not pay the amount to other woman while there is no assets as inheritance in the name of the child, In all these unavoidable circumstances it is morally binding on the mother to feed the child, but she can not be compelled or forced to do so.

PROBLEM:- When the mother is living with her husband or the woman is in the Iddat of Talaq Raj’ee, if she feeds the child she can not demand any amount, However if she is in Iddat of Talaq-e-Baa’in , she can demand the payment for feeding. If she feeds the child of other woman whose husband is also her husband, she can definitely demand the wage of feeding.

PROBLEM:- If the parents (father, mother) grand father and grand mother and grand maternal parents (nana, nani) are poor indigent, then their maintenance is the responsibility of the man, even if they are able to earn. When this man is will to do and in the term of the Shariat, he is `Sahib-e-Nas’ab. However if the man himself is poor, then the maintenance of his father does not lie upon him. (it is not wajib)
(Note: Further details are purely pre sumptuous and seldom likely to take place in societies other than primitive and orthodox ones – Translator).

PROBLEM:- The maintenance of father, grand father etc is equally wajib (essential) on the son and the daughter if they in their respective capacity as Sahib-e-Nas’ab and or wealthy. Sahib-e-Na’sab means to possess enough assets and resources on which Zakat is levied compulsorily.

PROBLEM:- In the matter of maintenances relating father/offspring the criterion is of nearness/proximity, exclusiveness and not of inheritance for example, when son and grand son are both then the responsibility of maintenance will be on the son and not on the grand son, between daughter and grand son, it is on the daughter, between grand son and the grand daughter , it is equally on both, between daughter and sister it is on daughter.
(Note: The criterion of maintenance between two sets of relation of old and young or the younger will have to look after the elder, and between relations of equal status, the maintenance will have to be provided equally by both – Translator)

PROBLEM:- A student of religious studied will be provided complete maintenance by all his relations jointly or separately because of the importance of religious learning, although he may be young and capable of earning his livelihood.

PROBLEM:- If the relations is not Mahram (e.g. brother beings son of the uncle, cousin) or he is Mahram but relation (e.g. foster brother/sister), or the cousin who is also foster brother, in all these cases no maintenance is wajib. The maintenance of slave is on the master. If he refuses they must earn through labour/service and provide their own maintenance.

Istisna

Literally the word `ISTISNA’ means `exception’, exclusion or exemption, but in the lexicon of the Shariat it stands to say “Insha Allah” (If Allah wills) while undertaking any steps, It is to express reliance in the Providence. But in the context of `Talaq’, he phrase `Inshaa Allah’, has a special significance, and it is that the phrase must be spoken in continuance of intented statement (decision) without undue gap and in such a voice that others presence should hear it (the deaf are excluded). However it must be clearly born in mind that to say `Insha Allah’ (if Allah wills) is to make the will of Allah conditional and shirking his own responsibility, as the problems (Masa’il) presented here clearly indicate.

PROBLEM:- He said to his wife `Talaq on you Insha Allah Ta’ala’, This will not amount to Talaq, even if the woman dies before he says `Insha Allah’. If he says `Talaq on you’ and dies without saying Insha Allah, although it was his intention to say it, it will amount to Talaq, which was intention before his death (but since he could not utter it, it will be taken as not having been said).

PROBLEM:- Said he to his wife, `Talaq on you, if Allah will or if Allah will not or any such phrase which indicate man’s will on the condition of Allah’s will power, intent etc., then no Talaq will take place (since his intention is conditional to Allah’s assent which can not be ascertained by human beings – Translator)

On the contrary if he says Talaq to you on the Order (Am’r) of Allah, or with the Permission (Izn), or on the Will (Mashiyat) of Allah or as Allah has ordained (Qaza) or the intention (Iradah) of Allah or he utters Insha Allah before giving Talaq, in all these cases, the Talaq will not take place, as in them the intent of the man is assertive or it secondary subject to exceptions which all relate to Allah the Almighty.

PROBLEM:- While pronouncing 3 Talaqs if he takes recourse to Istisna in respect of one or two Talaqs, then this will be in order which means that whatever remains unaffected by Istisna will be affected by Talaq.

TALAQ of the Sick person

By the word `sick’ is meant that person against whom it can be reasonably suspected that will not survive, because his sickness has incapacitated him for any manual work and sooner than later he would die.

PROBLEM:- When a patient of this type gives Talaq to his wife with the intention of depriving her of inheritance. This is known as “F’ar bit Talaq”. (Necessary details of this kind of Talaq are being given later).

PROBLEM:- Any man fighting with an enemy (where he is likely to be killed) is also at par with a patient on the death, though he is not from any fatal disease. Similarly if a man is to be killed in ransom for a murder committed by him or he i to be stoned to death, or a man who has been attacked by a lion (or any animal) causing deep wound which may cause his death, or he is suiting in a boat which capsizes or gets broken and he is likely to be drowned, all these persons come within the definition of a “fatally sick” person. But when the cause of this imminent danger is removed and later dies for some other reason, his case will no longer remain within this purview.

PROBLEM:- The patient acts for example, he puts his property in `Trust’ (waqf) or gives it as a gift (hiba) or marries a woman on a Meher more than the amount of Meher-e-Misl (commonly in vogue in hi fraternity) he can exercise his authority only upto the one third of his property (maximum limit wander a wasiyat will).

PROBLEM:- A man gives Talaq-e-Raj’ee, but dies within the period of her Iddat, the woman will be the sole inheritor of his property, irrespective of the fact whether he gave the Talaq while he was in good health, with or without the consent of the woman.

PROBLEM:- He gives Talaq-e-Ba’in, while he suffering from a mortal /fatal disease, without the consent of the woman and dies within the period of her Iddat. In that event she will inherit his property, provided she is otherwise entitled to it being a mominah and Hurra (a believing and Free woman not a slave girl).

PROBLEM:- The law of inheritance of the woman becoming the sole owner of her husband’s property when he dies in her Iddat is not restricted to death in mortal disease, it equally applies to other cases of separation (not necessarily Talaq) when the relation of marital bond get broken for other reasons, for example, when the man gives Baa’in to his wife on account of or he kisses the mother or daughter of the woman out of lust for denounces his religion. The separation or estrangement so caused will make the woman inheritors of her husband’s property. However the estrangement/separation caused by any act on the part of the woman will not entitle her for example if she kisses the son of her son with lust or gives up the religion or receives Khula (separation demand and obtained the order of separation by from the court or any delegated authority). Similarly, if the separation comes on account of some other person, for example, if the son of the husband kisses the woman, even forcibly, then she will not be entitled, but if the son kisses the woman with the permission of his father, then in the latter event she will inherit the property.

PROBLEM:- The patient had given three Talaqs to the woman, there she returned apostate, and became Musalman again, now if the man dies, she will not inherit the property, even though the period of her Iddat may not be over.

PROBLEM:- The woman had asked for a Talaq-e-Raj’ee or a simple Talaq , but the man gave her Talaq-e-Baa’in or Three Talaqs and dies in her Iddat, the woman will inherit, Similarly if she gives Three Talaqs to herself which the man had approved, but he dies in her Iddat, she will be entitled. Or if the man has given the woman the right to divorce herself which the woman has exercised. In this case she will not be entitled to inherit.

PROBLEM:- The diseased man gave Talaq-e-Baa’in to his wife, but the wife dies in her Iddat, then he will not be entitled to her property. However, if it is a Talaq-e-Raj’ee, he will be entitled.

PROBLEM:- The woman was a patient person, but he committed some such act which caused separation with her husband for example and or she kissed the son of her husband etc and then she dies, now the man will inherit her property.

PROBLEM:- The man says,`If I fall sick, then it will he Talaq to you”. He falls sick and the Talaq will take place, If he dies in her Iddat, she will be entitled.

PROBLEM:- After the death of her husband the woman says that he had given her Talaq-e-Baa’in in his mortal sickness, but he died while she was in her Iddat. Now she claims inheritance to his property. But the inheritors contend her statement and say that he had divorced her when he was healthy, and as such she is not entitled to any inheritance. In such a situation, the statement of the woman shall be relied upon and accepted a correct.

Raj’at (To restore Marital Ralationa).

The literal meaning of the word is to go back return to former position place etc. But in the context of Nikah and Talaq it stands for the restoration of conjugal relation with a woman who has been given the Talaq-e-Rajee or Restorative Divorce during her Iddat on the basis and conditions of the original Nikah.

PROBLEM:- Raj’at is permissible only when the sexual intercourse has taken place with the divorced wife, without this restoration of conjugal relation is not allowed, even if he had for play with his wife in perfect privacy which means touching the woman with a feeling of passion or lust or he has simply cast his eyes into the private part of the body.

PROBLEM:- The Raj’at will not be effective if it is conditional on a thing or act which is not specific in nature or meaning, However to utter words of separation as a joke or by mistake, the Talaq-e-Raj’ee will take place.

PROBLEM:- Some other person spoke the woods of Raj’ee and the husband confirm it. The Raj’at falls due.

PROBLEM:- The correct procedure according to sunnat is that he must take recourse to restoration with a statement of clear meaning and to make two wise persons as witness to it and also inform the woman of his intentions so that she may not marry with any other persons after her Iddat. And if she marries, then separation with the other husband should be enforced. In the event of defective or incorrect `raj’at’ the process should be rectified in presence of witnesses.

PROBLEM:- The man exercises the Raj’at but does not inform the woman who in the absence of the knowledge marries another man after her Iddat. The man’s claim for `raj’at’ will have to be examined, If found correct, separation with the second will be effected, even if the latter had intercourse with her. The words of Raj’at according to Urdu vocabulary are.

(1) =I restore my (conjugal) rights with you.

(2) =I restore my (conjugal) rights to my wife

(3) =I take you back (as my wife)

(4) =I have detained you (as my wife)

There are the clear words of Raj’at without any ambiguity, even if no intent is pronounced some other words in this context will justify (retortion) Raj’at, but they must be spoken with clear intention. On the words of Nikah, the raj’at will be justified.

PROBLEM:- In the matter of Raj’at willingness of the woman is not necessary. Even if she refuses, the Raj’at will stand unaffected.

PROBLEM:- The husband and the wife both agree that the Iddat has been completed, but there is difference between them about the Raj’at. One says that the Raj’at has taken place, but the other desires it, in this the statement of the wife is reliable and there is no need for taking oath. If the disagreement has taken place during the Iddat then the husband’s words are worth trust. If after the Iddat, the husband on the basis of witnesses that he had said during the Iddat that he had taken her back and that he had intercourse with her, this will confirm that Raj’at has taken place.

PROBLEM:- After the completion of Iddat the husband says that has done the raj’at during the Iddat and the wife corroborates this, then the raj’at stands as having taken place. However, if she denies, then there has been no raj’at.

PROBLEM:- The woman whom her husband has given less three Talaq Ba’in can come in his Nikah even during the Iddat as well as afterwards. If he has give three Talaqs he can not marry her without halala (Please see next problem). She can not marry another man without completing her Iddat, whether she has been given three Talaq or less.

PROBLEM:- The condition for Halala is that if the woman who has under gone sexual intercourse, should marry another man after the completion of Iddat in the according Islamic tenets and after having sexual intercourse with the second man secures Talaq from him and again completes period of Iddat, can re-marry her first husband.

However if the woman had no intercourse with her husband and the latter gives her Talaq in that condition, then she can straight away marry another man of her choice because there is no Iddat for a woman who had no sexual intercourse.

PROBLEM:- In reference to Halala the basic point is that the woman must have sexual experience which makes the bath as obligatory which means that at last the penetration of the head (hashfa) of the male orgain in her private part, should be accomplished, emission of semen is not a condition.

PROBLEM:- After marrying a woman under an defective / incomplete Nikah, if the man gives three Talaqs to her, he can marry her again without the intermediary agent of Halalah.

EELAA.

Eelaa in shariat’s tenets means the statements on oath by the husband in respect of his wife that he will not go near her (for sexual union) or he swear that he will not meet her sexually for four months. If the wife is a slave girl then the Iddat of Eelaa will be for two months. The swearing in Eelaa is of two kinds (1)The swirling or oath in the Name of Allah the Almighty, His Attributes or the Holy Quran, the others (2)Kind of oath is of relative or conditional nature, for example, he says, `If I commit sexual act, then my slave is freed’ or my wife is divorced or keeping fast for so many days or performing Haj is binding on me.

PROBLEM:- Eela is of two kind (1) Eelaa-e-Muwaqqat (of limited period) the duration of which is four months and (2) the other is Eelaa-e-Mu’bad (timeless Eelaa) in which there is no time limit of four months. In either case he commits sexual intercourse within four months, the oath shall be deemed as broken or violated (even if he be a lunatic) and Kaffara (compensation) shall be due on him and the thing on which the oath was taken will be taken as having occurred, such as freeing the slave or keeping fast etc. On the other hand if he does not her does not meet her sexually even after the expiry of Eelaa-Iddat, it will mean a Talaq-e-Baa’in on the woman which would demand a fresh Nikah, but the oath shall still stand. If the process is repeated three times then without Halalah be can not re-marry her. (Note: Here again the process is ultra complex and needs deep and careful study, the interested readers may see the details at pages 256 – 257 of the Original Book in Urdu `Qanoon-e-Shariat’. Translator)

PROBLEM:- Eelaa can be done only with his wife or the wife under the Talaq-e-Raj’ee who can reunite with her within the Iddat, and as such she is also a wife in this context.

PROBLEM:- Another condition for Eelaa is that the husband able to give Talaq. Therefore the Eelaa by a minor or mentally deranged husband is not valid, it is also necessary the duration of Eela should not be less than four months nor should a particular place be fixed for the Eela purporting thereby that he would meet her sexually at such and such place, it is also necessary that he should conjoin a slave girl or a stranger woman as part of Eelaa.

PROBLEM:- Some words of Eelaa are self expressive (sareeh) while some words are illusory or suggestive (Kinayah). The words in the first category (sareeh) leave no doubt in the mind that the intention behind the speaker’s mind is sexual union with the wife. In this case the expressed intention (Niyet) is not necessary, without Niyhe Eelaa can take place. The words in the Kinayah group (illusory) may also carry meaning other than sexual act. In the event of Kinayah no Eelaa can take place without the Niyet.

PROBLEM:- If he says to his wife that if he has sexual contact with her she will be har’am (forbidden) to him and the intention (niyet) is of Eelaa, then Eelaa will occur.

PROBLEM:- IF he makes the meeting his sexually conditional upon such things which are not likely to occur within four months, then this will amount to Eelaa.

PROBLEM:- He has done Eelaa and wants to break the oath within the time limit, but he is unable to do so because of his physical in capacity for any reason to have sexual intercourse with his wife and the wife herself is unable/unwilling to allow this fulfillment, then in such a case he should withdraw Eelaa by words of mouth, preferable in presence of witnesses, in this way Eelaa will come to an end and not Talaq will occur. If however the physical cause of incapacity to sexual union is removed, then his verbal termination of Eelaa will not be enough, he must his wife sexually and fulfill the primary condition of ending of Eelaa.

PROBLEM:- In the case of incapacity of sexual union for any reason, the intention of re-union must be expressed in words, mere desiring at heart is not enough.

PROBLEM:- There is no substitute for the natural sexual intercourse, merely kissing with passion or touching her body with lust or looking at her private part or commit sexual act at any other place will not fulfill the condition of Raj’at as a condition for breaking Eelaa.

PROBLEM:- Sexual intercourse during menses is a grave misdeed, however the Eelaa will be removed.

PROBLEM:- If difference arises between the husband and the wife during the Eelaa, the statement of the husband should be accepted. When in this event, the wife is proved liar, it is not advisable to keep the woman, she should be separated by giving her some relief.

PROBLEM:- The man says to his wife that she is haram on him, if the niyet is of Eelaa, then it is Eela, if the niyet is of Zihaar, then it is so. Otherwise it is Talaq-e-Baa’in, if the niyet is three Talaqs, it is so. If the woman says to her husband, “I am haram on you”, then amounts to an oath. Now if the husband forcibly or with the consent of the woman has a sexual intercourse with her then the woman will have to pay the Kaffarah.

PROBLEM:- IF the man forbids his wife as haram on him like the corpse (dead body), the flesh and blood of the swine, wine, then if the idea is to show his dislike as something false, then it is the he or false hood or if the intention is to brand her haram on him then it is Eelaa and if he has Talaq in his mind, then it is Talaq.

PROBLEM:- The husband says to his wife, `You are my mother’, and the intention is to speak of her as being haram, then she will not be haram rather, it is a lie.

KHULA

KHU’LA: The word `Khula’ literally means throwing off, deposing, removing from office. But in matrimonial philology it stands for a divorce obtained by a wife for a ransom by her or some other person on her behalf. It means to waive or write off the Nikah in exchange of something, money or material etc. The consent of the woman is essential without her agreement Khula will not be valid. The terms/pattern of Khula have been set down and can not changed materially.

PROBLEM:- If there is constant strife between the husband and the wife and there is danger that they can not peacefully and according to the tenets of Islam, then “Khula” is the solution which means arranging separation between man and wife. The Khula in this respect will be Talaq-e-Baa’in and whatever the amount has been agreed will have to be paid by the woman.

PROBLEM:- Whatever is accepted as Meher can be exchanged for the Khula, but a thing which is not acceptable as Meher can be accepted in the `Khula’.

PROBLEM:- Khula holds the right of the man for a Talaq-e-Baa’in subject to the woman acceptance of the terms of khula, meaning there by if the woman agrees to the pay the amount to the man, separation between them will be effected as if on the basis of Talaq-e-Baain by the man. Therefore if the utters the words of Khula which has not yet accepted it, the man has no right to go back to her (Raj’at), neither has he nor with the change of majlis (where the proceedings are taking place) invalidate the Khula.

PROBLEM:- `Khula’ is the instrument in the hand of the woman to get herself released from the bondage of her husband. Then fore if she has begin the proceedings of Khula which the man has not yet declared his acceptance, the woman can and get the stay of Khula (in a sense, it is Rujoo by the woman) for three days or even more.

PROBLEM:- Since Khula is the compensation to be received by the woman, it is essential that she understands the terms of Khula and if she gives consent without understanding it clearly, the Khula will not be valid.

PROBLEM:- Since Khula is the Talaq by the husband it is necessary that the husband be adult and of sound senses, a lunatic or underage can not exercise the rights of Khula. It is necessary as a precondition that the woman must in a state of the Talaq being given to her. Therefore if she has been given the Talaq-e-Baain, no khula can take place with her, even if she be in Iddat. However if she is in Iddat of Talaq-e-Raj’ee, Khula in this condition will be valid.

PROBLEM:- The man says to his wife that he has done Khula, but does not mention the amount in this behalf, it will not be a khula, it will be a Talaq for which the woman’s consent is not necessary.

PROBLEM:- The man said to his wife, `I have done Khula with you on so and so amount’, But the woman says only `Yes’. This is incomplete and the khula will not place unless `I accept it’ or `I declare it as approved.’ Similarly, if the woman demands one thousand rupees in pursuance of the Talaq and the husband agrees. This also is not correct. But if the woman says that Talaq is on her in exchange of a Talaq. Then Talaq will take place.

PROBLEM:- Whatever the rights/privilege are agreed upon at the time of Nikah shall stand withdrawn on the khula. But whatever the rights are beside those mentioned acceptance of in the nikah, will remain unaffected. The right of maintenance, although a part of nikah, will remain, unless it is mutually agreed by both as a condition of khula.

PROBLEM:- The man gave Talaq Baain and married the same woman and then had a khula with her on the meher as ransom money for khula. In such a case the second meher on which the khula was agreed will lapse while be first meher will stand.

PROBLEM:- A `Khula’ was agreed with the wife that she will arrange another marriage with some woman and that she will pay the Meher. In this case the woman will have to return the Meher she has received from her husband and nothing more.

PROBLEM:- I `Khula’ is agreed on haram things (like swine some dead animal, blood and wine) which do not come within the purview of Amount (on which Khula takes place on mutual acceptance), it will not be Khula but it will be Talaq-e-Baain and nothing is due from the payment, If the Talaq is given on these things, then it will be Talaq Raj’ee.

PROBLEM:- It is said to the woman,`I make Khula with you’ and the woman `I accept it.’ If the husband had said these words with the intent of Talaq, then it will be Talaq Baain and the Meher will not lapse. Even if the woman does not accept, the position will not change. If the husband had not said these words with the intent then the Talaq will not take place unless the woman agrees. If after the acceptance by the woman, the man says my aim was not Talaq then the statement of the husband will not be accepted.

PROBLEM:- Khula can also take in the parlance of trade business. If the man says `I sell your Talaq to you at so and so price’, and the woman announces in the same sitting, `I accept it,’ Then the Talaq will occur. Similarly if the Talaq is said at the cost of meher and she accepts it, then in that event it will be Talaq-e-Raj’ee.

PROBLEM:- The people asked the woman if she had purchased her person (self freedom) at the cost of the meher and the amount of maintenance due to her on Iddat from the husband, she replied in the affirmative, Then they asked the husband if he had sold the same as stated by the woman. On affirmation by both sides, the khula was declare as having taken place and the man had become free from all liabilities.

If after the occurrence of Khula the gathered and asked the couple to repeat the same words as they has spoken earlier, Now the husband does not fully agree with the translation, stating that he though some material business deal was taking place. Even then the verdict shall be as Talaq from the husband.

PROBLEM:- The husband asked his wife if she had purchased three talaq from him in exchange of her meher. The woman simply said that she had purchased with the insufficient statements talaq will not take place unless the man said after this that he had sold.

Now if the husband had said in the first instance that the woman purchased three talaqs from him in exchange of the Meher and the woman confirmed this, then the Talaq can be said to have taken place even afterwards the husband did not speak the word of `sale’.

PROBLEM:- Talaq was given in exchange of some amount and the woman confirmed this. Now the amount will be due and Talaq Baain will occur.

PROBLEM:- The husband and wife are both walking together and while talking the khula was agreed between. If the words spoken between them, conjunctive (with out break in the conversation) then the khula is in order (valid) otherwise neither Khula nor Talaq will take place.

ZIHAAR

ZIHAAR: The word of `Zihaar’ stands for a similitude or likeness or similarity of his wife or any part of her body to the body or part of the body of other woman who or whose sight (looking at) is forbidden or haram for ever, For example he says to his wife, `You are like mother’ or `your head, neck’ or `your half is like the back of my mother’.

PROBLEM:- The woman to whom similitude has been alluded if her being haram is of a temporary nature not permanently forbidden, then his declaration of likeness (Zihaar) will not take place for example the sister of his wife or the woman who has been Three Talaqs or a woman belonging to the community of the Magi (majoosi / fore worshiper) idolaters christian etc who is already attached to a community of believing in Gospels/scriptures or may convert to Islam and as such, they are permanently haram.

PROBLEM:- IF the man says to a stranger woman, `If you be my wife or you are like so and so’ then this will amount to Zihaar.

PROBLEM:- IF the woman utters words of `Zihaar’ to her husband, this will not amount to Zihaar.

PROBLEM:- To express similitude or likeness in respect of woman who are permanently haram referring to their parts of body which by themselves excite passion such as back, belly or thigh or if he says to his wife, `I have done Zihar with you’, all these are expressly words of Zihaar whatever the intentions of the speaks, even by way it is Zihaar pure and simple, no explanation or interpretation the man may give.

PROBLEM:- To call wife, mother, daughter or sister is not Zihaar, but it is detestable (makrooh).

PROBLEM:- `Zihaar’ by Taleeq (conditional assouation) is also possible, For example if he says to his wife, `If you go to the house of so and so woman, you would be like her’, then it will be Zihaar.

The imperatives (tenets) in connection with Zihaar are that before the fulfillment of Kaffarah (compensatory obligations), he can not have sexual relation with his wife nor can he kiss his wife with lust, touch her or look at her parts of shame. These are all haram. There is no harm if he kisses or touches his wife without passion or lust, (but this should be avoided as it might leed to excited passion etc). To Kiss the lips even without passion is not permissible. If he commits sexual intercourse before payment of kaffarah, he should offer sincere repentance (taubah), however there is no additional Kaffarah for this lapse.

THE KAFFARAH (ATONEMENT) OF ZIHAAR.

If the man doing Zihaar has the intention of resuming sexual union with the wife (now under Zihaar) then he muse fulfill the commands relating to Zihaar. However if he is not inclined to have no sexual behaviour and would like the woman to be haram on him, he will not be obliged to do the Kaffarah. If he had the sexual intentions with her, but before fulfillment of Kaffarah the woman dies, now no Kaffarah remains due on him.

The kaffarah of Zihaar consists unfreeing the slave girl / man. If he is unable to do this, then he muse keep fast, for two consecutive months before he has sexual intercourse with her. IF he is unable to keep fast for two months, the alternative is that he feeds sixty indigent people.

PROBLEM:- As for the fasts in this behalf it is to be kept in view that they do not fall in the period in which the month of Ramzan the two days of Eids and One Days of Tashreeq (9th to 13th Zilhaj) occur. However if he is to undertake journey, then with intention of Kaffara he can keep fast in Ramzan, but in the Forbidden Days (see above), even the traveler can not keep fast.

PROBLEM:- If he breaks the continuity of Kaffarah fast of having sexual intercourse with the woman with whom he has done zihaar, or he breaks the fast by mistake or willfully, he must keep the two months fast from the beginning] to abide by the primary condition in this behalf that the fasts must be kept at a stretch for two months. Therefore the fasts kept before breaking the continuity will go unaccounted.

PROBLEM:- If he is unable to keep fast because of sickness and there is fear that he will not recover fully to undertake fast or because of old age, then must feed sixty indigent people with square meal for two days or twice a day, under the condition that he is not likely to recover during the required days of fasting, (The feeding of the poor people will be undertaken when the question of health is in question), otherwise the feeding will be counted as Sadaqah Nafil and fasts will have to be kept a fresh. It must also be kept in mind that the feeding should be given to the same group either two consecutive days or twice a day. If the person are changed then this mode of Kaffarah will not be valid.

PROBLEM:- IT is also the condition that among the people so fed none is underage (na baligh) unless the same person is made holder of an adult’s quantum of average food.

PROBLEM:- If is also permissible that each person be given the grain (wheat or maize) equal to half of the saa, in the same way as Sadaqah Eid ul Fitr is given to the deserving people. It is also permissible that food to these sixty people be served in the noon meal and the cash value of the food for evening meal. Or give them food for two days in the noon or two days in the evening, or he feeds thirty people with food and given the price of food to the remaining thirty. Whatever the method may be added the number of sixty indigent people must be completed.

PROBLEM:- The Kaffarah can also be fulfilled if the same poor man be given for sixty days or given daily the amount of money paid as Sadaqah-e-Fitr.

PROBLEM:- In Zihaar it is essential that before resuming sexual contact with the woman the feeding of the indigent be completed. If however before feeding sixty people he has sexual intercourse, thought this is haram and should have been avoided, but to what ever number of people he has given food will not go waste. He should feed the remaining people to fulfill the kaffarah of zihaar. It is not necessary to feed the sixty persons again.

PROBLEM:- If the man against whom Kaffarah was due, dies and his heirs feed the people, it will be valid, but if the slave he feed, it will not fulfill their condition.

LIAAN.

If the husband charges his wife of adultery then to settle the issue the process known as Liaan will be undertaken, when the woman concerned is wise, adult, Free (not slave), believer and chaste.

The procedure of LIAAN is as under:

The proceedings shall take place before the Qazi

(1) First the husband will make the statement on oath that his allegation of adultery against of his wife is correct and I am truthful in my allegation. He will repeat his statement four times.

(2) On the fifth he will declare, “Allah’s curse be on me if I am making a false allegation of adultery against my wife”. On all occasions when he speaks about his wife (as “this woman”) he must expressly point towards his wife.

(3) Then the woman will give evidence, saying, `I give evidence on an oath in the Name of Allah that the allegation of adultery leveled against me by this man (pointing at her husband) is false and he is a liar, she will repeat her statement four times.

(4) On the fifth time she will declare, “Curse of Allah be on me if what he alleged against is true”.

In the process of Liaan the word `I give evidence’ (Shahadat) is essential. Any substitute phrases such as I swear by Allah that I am right (truthful), will not do the needful, and the Liaan will not be as established.

PROBLEM:- There are certain condition in connection with the `Liaan’ (1) Nikah is correct and in according to prescribed pre-requisite. (2)The relationship between them is established as husband and wife whether sexual intercourse has taken place or

*not. (3) both should be free (4) both should possess normal sensibility (5) both should be adult (6) both should be Musalman (7)both are capable of clear speech (i.e. not dumb) (8) on none of both should there be an allegation/accusation of in the past (9) The man has not produced witness on his statement (allegation) (10) the woman refuse the allegation of adultery and declares herself as chaste (11) The false accusation clearly pertain to adultery or he does not own the born to his wife as his (12) The accusation has taken place in Darul Islam (Muslim country) (13) The woman should demand this from the Qazi (14) The husband confesses of having accused his wife of adultery. It is not necessary that the woman should stand before the Qazi.

PROBLEM:- Even if the accusation of adultery has been leveled against the woman more than once, the proceeding for Liaan shall be instituted only once.

*: It means that if after giving Talaq Baain the accusation has been brought forth, no Liaan can take place, even if he has remarried the woman after giving her Talaq.

PROBLEM:- There is not time limit for the execution of Liaan, which mean that if the woman does not lodge a complaint, the process of Liaan shall not be dropped, the woman can claim redress of her grievance at any time, Liaan is not forgivable. For example, if the husband has charged her of adultery and the woman for gives him. But if at some later date she approaches the Qazi (court) for enquiry about the accusation, the Qazi will have to order the probe. However if the woman does not demand enquiry, the Qazi can not initiate action on his own. Similarly, if the woman has accepted some money and forgiven the husband, she can still demand fresh enquiry by returning the amount, she has received. But it is advisable for the woman not to publicize the affair as it is likely that it may injure her reputation, The Qazi too should cover up the accusation and not make it public.

PROBLEM:- When man addresses his wife `O adulteress’ or `You have committed adultery’ or `I have seen you committing adultery’ all these words indicate clear accusation and come within the purview of `Liaan’. But if he says that she has committed haram deed or she has been subjected to sexual intercourse in a haram or forbidden manner or some one has committed sodomy against her. Then this will not amount to Liaan.

PROBLEM:- The institution of enquiry against Liaan mean that after its completion, the woman becomes haram for the man to commit sexual intercourse, but she remains in the nikah of the man till the concerned authority annuls the marriage bond and orders separation of the two. Now the woman becomes as given Talaq-e-Baain. Therefore if after Liaan the Qazi does not cause separation, he can divorce her as well as do the Eelaa and the Zihaar and if any one dies the other will inherit the deceased’s property / belonging. If after Liaan they do not agree on separation the parting will have to take place.

PROBLEM:- IF still they don’t separate, they can not commit sexual act of any nature, it becomes haram. And when separation takes place, she will be entitled to the maintenance of Iddat and the house to live in further, if she gives birth to a child during her Iddat, the child will be attributed to her husband.

PROBLEM:- IF the husband accuses his wife calling her `O adulteress! Three Talaqs on you’. This will not amount to Liaan but false accusation against chastity (Hadd-e-Qazaf), or he says `O adulteress, three talaqs on you’, then this neither Liaan nor Qazaf.

PROBLEM:- If the man says to his wife, `I did not fine virgin’, this too is neither Qaza nor Liaan.

IMPOTENCY (IN’NEEN)

The man suffering from impotency is known as In’neen and by this is meant is the person whose male organ (penis) is there but it can not to penetrate the front part of the woman or he can have sexual intercourse with some woman and not with other , or he can do sexual act with a non-virgin (having undergone sexual experience) and not with a virgin. Then in respect of those women with whom he is sexual incapable, he will be treated as impotent, and not so with other. There may be different reasons for this impotency.

The defect maybe natural or inborn.
Due to some disease.
Oldage or senility
As a result of magic or sorcery done on him.

PROBLEM:- If he can penetrate only the head of the his penis, (hashfa) then he will not be called impotent and if the head is cut and the can insert the penis at least equal to size of the hashfa (head of the male organ) even then he will not deemed impotent. If the woman cuts the male organ of her husband, the no order will be issued in respect of the `penis imputed husband.’

PROBLEM:- If the male organ and the testis or only the organ has been cut from the root or it is too small for a satisfactory sexual intercourse and the woman wants separation, then the separation shall be effected provided is independent (not slave), adult and she had no knowledge of her husband defect, nor she had agreed to overlook this at the time of Nikah. If the woman is slave, then she has no will of her own, but her master has this authority. If she is underage (minor) then she will have to wait till puberty. Then an reacting that stage if she is willing to live with him, well and good, otherwise separation shall be arranged. IF the organ is cut at the roots, then it will not asked whether his adult or adult.

PROBLEM:- The immature (underage) girl was given in marriage by her father. If the girl finds her husband as penis imputed, then her father has no right to demand separation till the girl herself attains puberty (and makes her own case).

PROBLEM:- If after a sexual intercourse the man organ is cut or he becomes impotent, then separation can not be claimed nor given.

IN THE EVENT OF IMPOTENCY.

The sahrait juris prudential position in this behalf is that when the woman approaches the Qazi (to seek separation), the Qazi at first will ask the husband, if he a confesses, the Qazi will give him one year’s time for improvement of his capability. If within one year the husband is able to have intercourse, then the demand / claim of the woman will be void. However if the man did not have intercourse and the woman wants separation, the Qazi will ask the man to divorce her, if he divorces, well and good, other wise the Qazi will order and enforce separation.

PROBLEM:- The woman approaches the Qazi with the complaint that her husband is impotent, while the man says that he has sexual intercourse with her and she is not a virgin. The Qazi will ask the man to state the truth on oath. If he takes oath, then the claim of the woman will collapse. If the woman still insists that she is a virgin, then she will be examined by a woman, (it will be better, if two women examine her), if the woman is found non virgin (having undergone sexual intercourse)then the man statement should be accepted after getting on oath from the man. If the woman declare her virgin then the woman claim will be accepted as true without any oath from her. In case of difference between the woman, some other reliable evidence will be obtained to decided the matter.

PROBLEM:- After the lapse of (one years) time the woman claims that the man did not have intercourse with her while the woman insists that she is still virgin, in that event the method referred to above shall be applied. Normally if the man says on oath to have intercourse with his wife, this should be accepted.

PROBLEM:- Separation on the order of Qazi will be treated as Talaq-e-Baain. If the marriage has been consummated then the woman will get full meher and she will sit in Iddat, otherwise she will get half the meher without sitting in Iddat.

PROBLEM:- If the man suffers from other disease(s) other than sexual disability, such as lunacy, leprosy etc or if the private parts of the woman is closed, then the cancellation of the marriage can not be entertained.

PROBLEM:- The husband commits sexual intercourse with his wife, but for some reasons he has no or sperm to effect emmision (Inzal) The woman in such a condition has no right to demand any thing (on this account, separation/compensation etc).

The Divorce

With the Nikah, a woman becomes bounded to and under the command of her husband and the revocation or withdrawl of this bondage the woman becomes free; the latter cause when the woman no more remains under the control of her husband is known as `Divorce’ or `Talaq’ in the shariats terminology. To give effect to divorce (talaq) certain terms/words are prescribed, which shall be discussed later on.

There are two eventual states of the Talaq (Divorce) once is of instant nature and the separation comes into effect no sooner than the Talaq is announced (on account of the special features of the Talaq (divorce), within the purview of shariat’s lawa as compared to the common usage of divorce in international forums we shall used the word Talaq for divorce in this chapter. It is the terminology used in the Holy Quran.

The Talaq whereby separation between husband and wife takes place then and there is known as `TALAQ-E-BAAIN’. The other state when the Talaq comes into effect at the end of the period of `Iddat’ which means the waiting period of a divorced woman (or a widow) after which the woman will be free. This is known as `TALAQ-E-RAJAEE’.

PROBLEM:- Talaq is permissible, but without the lawful justification under the shariat, in which case it is mustahab. However in certain cases it becomes incumbent on the husband to give the Talaq and relieve the woman of the mental/physical agony. It is when the husband is impotent or eunuch in which case he is in capable of fulfilling his sexual obligation and when there is no like hood of his recovery to regain the capability as such.

PROBLEM:- Talaq is of three kinds (1) Hassan (2) Ahsan and (3) Bi’da’ee. Talaq-e-Ahsan is less comber some than the other two. It stands for the Talaq Raj’ee given in the period of purity in which the sexual act, has not taken place. He should stay as such (without intercourse) till the expiry of period of Iddat.

Talaq-e-Hassan stands for the Talaq given to the wife with whom sexual intercourse has not taken place or the three Talaq given to the intercoursed wife in three periods of her purity provided he has not done the intercourse in these three periods of her purity or when she was in `menses’ or he gave three Talaq in three months to the woman who does not have `menses’ for example a girl below the age of puberty or the pregnant woman or the woman who has ceased `menses.

Talaq-e-Bida’ee is to give Talaqa twice or thrice an one period of purity (either repeating the word Talaq on three or two occasions or all three, on one occasion. This has been mentioned in some details which relate to exceptional case of menses/sexual act). Talaq-e-Baain given in the period purity becomes Talaq-e-Bida’ee.

PROBLEM:- If the Talaq when she has `menses’ then he must return her to restore conjugal relations as it was a sin to divorce her when she was in menses or in a state of impurity. If he still wants divorce her, then a purity must pass after the current `menses’ when she becomes pure then he can divorce her in this state of purity, provided his `return’ to her if is after sexual intercourse if his return is after an act of simple caress such as kissing or words of amorus love, then he can divorce in the period of purity after this menses.

PROBLEM:- If he divorces his wife whom there is normal sexual contacts, when she is in menses by saying “I give to you Talaq” twice or thrice according to sunnat, then each talaq will occur in each period of purity, the first of which will be in the period of purity in which no intercourse has taken place.

PROBLEM:- If he divorce the wife who gets normal menses and there is usual intercourse with her, in a state of purity which is free from sexual act, by saying `I give you Talaq two or three time according to sunnat’, then the first Talaq will take effect for with (at once).

PROBLEM:- If he says to the wife who gets menses, at a time when she is in menses `I give you two or three talaqs according to sunnat’ then the first talaq will take effect in the first period of purity after the menses.

PROBLEM:- If he gives Talaq to his wife when she is in the state of menses, but with whom he has has sexual intercourse by saying, I give you Talaq two or three times according to sunnat, the first Talaq will be affective in the state of purity after the menses.

PROBLEM:- If he says to his wife in a state of purity in which he had intercourse, `I give you Two or Three Talaqs according to the sunnat’, then the first Talaq will taken in the first of purity after menses.

PROBLEM:- To Say, “I give you two or three Talaqs according to sunnat” with whom he had to sexual intercourse, the first Talaq will become effective immediately (even she be in menses), the second Talaq will occur when solemnize Nikah wife, because after the first Talaq she becomes Baa’in for him and gone out of his marriage bond.

PROBLEM:- To give Talaq two to three, according to sunnat to a woman who does not menses but enjoys sexual relation, the first Talaq will take place at once, the second Talaq, in the second month and the third, in the third month.

PROBLEM:- If he says a woman `I give you Talaq two or three times according to sunnat’, with the intention that all three Talaqs should take effect together, then this will be in order. But if his intention is that the Talaqs should be effective in each succeeding months will not be valid if the woman has not been intercourse before, because in that event she would become Baa’in after then first Talaq and will be unlawful as a wife.

CONDITIONS FOR TALAQ (DIVORCE).

These conditions are (1) The husband should be of normal senses (Aqil) and major in age (Baligh). An under-age (na baligh) or lunatic husband can not give Talaq himself or nor his wati (guardian) can do so.

PROBLEM:- If a drunkard or addicted to ones gives the Talaq it will be effective as he considered a man of normal sensibility (Aqil). The Talaq in the state of intoxication or unbalanced sensibility will be effective. No condition can be set forth by a woman in respect of the Talaq, event if she a minor or mentally deranged.

PROBLEM:- If some one is forced to drink intoxicant against his wish or under extreme condition when it is the question of survival or without knowledge of being an intoxicant, in all these exceptional cases, the Talaq given by an affected man will not be valid.

PROBLEM:- For a Talaq it is not necessary that it should be given as a matter of self will (in which case, it becomes binding), it will be valid when some religious / shar’ee compulsions or unavoidable prohibitions (known as Shar’ee Ikraah) are also involved.

PROBLEM:- Even the words of Talaq uttered in jest of joke when no other meaning other than Talaq can be deduced or stretched through arguments etc, will be deemed as willful Talaq. (no buffoonery or pleasantry in matters of Talaq is allowed).

PROBLEM:- A man of semi wisdom or low mental agility or a half mad are like in the matter of Talaq which will be valid.

PROBLEM:- If a dumb/mute person gives Talaq by gesture or indication, will be valid if he can not write. If he can write, then he must give Talaq in writing.

PROBLEM:- The man wanted to speak some other word, but the word Talaq was uttered unconsciously, or he uttered word Talaq without realizing it significance or in jest and carelessness or just to intimidate (his wife or any one else), in all these cases, the Talaq will occur (and it can not be withdrawn).

PROBLEM:- It the disease/illness of the sick or patient who has not lost his consciousness, gives the Talaq (by any means), it will be valid.

PROBLEM:- Serious mental diseases like delirium. inflation of the brain( Sarsam) or some other disease which result in the loss of senses are reasons when the Talaq, it will not be valid, or if he utters words of giving Talaq when in deep sleep, it will not be taken as valid or effective.

PROBLEM:- If some one utters as giving Talaq in a state of serious rage which has upset his balance of mind, The Talaq will not be proper.

PROBLEM:- Some people resort to Talaq and later repent their action and offer lame excuses such as anger and run after the Muftis for Fatwa. The Mufti should be careful in accepting these excuses. Mere anger can not taken as a ground for cancellation of Talaq, unless solid concrete evidence is produced to prove it bonafides.

PROBLEM:- If the wife of a minor age husband accept Islam, and the Qazi present Islam to him for acceptance (so that their conjugal relation may remain intact, if he refuses to accept Islam, Talaq occurs between them.

PROBLEM:- If the word was not uttered by Tongue but was written on a thing which is non-static (winter air) where the word does not remain decipherable, then the Talaq will not take place, and if it is written on some concrete thing like paper or black board etc, with the intention of Talaq then it will become Talaq. what ever the mode and content of the writing.

Any letter written to the wife in this behalf will be effective as Talaq form the date of writing when the Iddat shall also begin. However if he writes that as soon as she receives the letter, she must consider herself as divorced immediately an receiving the letter, whether or not she reads it or not.

If the letter of Talaq gets lost in the way and it does not reach her, the Talaq will not occur.

If this letter is received by her father and he tears it and does not inform his daughter, then if the letter comes in that city where she lives, then the Talaq will take place.

PROBLEM:- If the man writes Talaq on a piece of paper and says it is not his intention, but he has written as a matter of practice then in the tenets of law, his words can not be trusted.

PROBLEM:- If the man writes Talaq on two papers and both are received by the woman, then the Qazi can pronounce two Talaq.

PROBLEM:- If the man gets the paper of Talaq written by some one else, then the Talaq becomes effective.

PROBLEM:- In the case of written Talaq, it is necessary that the evidence of the husband is necessary to the point that he himself has written the Talaq Namar or got in written by some one else or the woman produces witness. The similarity of hand writing or his signature are not enough. However if the woman testifies that is his hand writing, then she is permitted to take it as such and act upon it. But if the husband denies of having written the Talaq Namar, then recourse to litigation remains the only solutions.

PROBLEM:- If some one compels to write the Talaq and he can avoid it although there is no intention or will in his heart to do, nor has he uttered the word `Talaq’ by month, then it will not be a Talaq. The compulsion or force must be valid in the view of the shariat. Simply to keep the words of others is not a valid ground.

PROBLEM:- Talaqs are of two kind (1) Sareeh (clear, unambiguous) (2) Kinayah (by gestures or using figurative language)

Sareeh (clear, direct etc) is the language or the expression which clearly and directly states the occurrence of Talaq, it may be in any language.

PROBLEM:- The word `Sareeh’, will be equally applicable for any expression such as (1) (I give you the Talaq) (2) (Talaq is on you) (3) (You are divorced divorce Talaq given) (4)(You are Talaq holder) (5) (I give you Talaq) and (6) (O, the woman who has been divorced / given Talaq).

All these utterances signify that it will be one Talaq-e-Rajee (where husband can go back to her to restore conjugal relation, whether he has intented this Talaq or he had Talaq-e-Baa’in in his mind, or he intended more than one Talaq.

PROBLEM:- Due to some defect in speech such as stammering the word “TALAQ” spoken in any manner would stand for one Talaq of Raj’ee nature, as it would indicate the distinct intention of the speaker.

PROBLEM:- In Urdu, the words (I abandanded or left you), is distinct (Sareeh) and means a Talaq-e-Raj’ee whether or not the intention of Talaq (divorce) in the speakers mind.

PROBLEM:- In respect of pronunciation of the word “Talaq” right or wrong the literate and the illiterate are equal. Even if the word is uttered as a threat or intimidation, it will mean Talaq. However if he informs his colleagues that he would utter the word ‘talaq’ purely as a threat without serious intentions behind it, this will not be taken as Talaq.

PROBLEM:- If some one asks his friend (just a friendly enquiry), “Have you divorced your wife?” and he says, “Yes! why not?” This will mean a Talaq, whatever his intention may be. If however he refuses in a loud and definite manner, his refusal will be accepted and the Talaq will not take place.

PROBLEM:- Some one suggests Zaid (another man) `There is no Talaq on your wife’, If Zaid replies `why not?’ or `why’, then will be a Talaq. But if he refuses directly no Talaq will take place in the latter case.

PROBLEM:- A man has not divorced his wife, but says to the man that he has given Talaq to his wife, then legally it would mean a Talaq, but morally or in intentionally it will not mean as such.

PROBLEM:- A man has given only one `Talaq’, but says to the people he has given “Three” (Talaqs), then legally it will be taken as “Three” even if he says he had told a lie.

PROBLEM:- The husband says to his wife in Urdu (O the one divorced/given Talaq) (O the woman with a Talaq) or any such phrase indicating `Talaq’, then in all these case, it will be a Talaq, even if he says he wanted to rebuke/taunt his wife. If however he had refer to her former husband who had divorced her, than his plea will be accepted provided it is a fact. Otherwise if his explanation will not stand.

PROBLEM:- Supposing husband says to his wife in Urdu

(I am giving you Talaq), it becomes a Talaq. If the words are taken to mean “I intend to give you Talaq” then morally it will not be, though legally it will amount as Talaq. Or if he says

(I intend to leave) then it will not a talaq as it is merely an intention.

PROBLEM:- Such words spoken in Urdu spoken to the wife like (1) (Talaq on you) (2) (Talaq to you) (3) (Let Talaq be) (4) (You are divorce) (5) (You have become with Talaq) (6) (Take the Talaq), when she was going out, he told her (Take Talaq along) (cover yourself with Talaq and be gone) (I have knotted Talaq with the edge of your head cloth) (Go away! Talaq be on you). With all these words there shall be one Talaq (Raj’ee), if the word go away was uttered with the intention of Talaq, it will be Talaq-e-Baa’in.

PROBLEM:- Some one said about his wife (inform her about her Talaq) or (give her the glad tidings about her Talaq) or “write to her” or send to her the certificate/document about her Talaq. In all these situations, Talaq becomes effective immediately, even if he has neither said or written, or he simply says `go and tell her, she is a divorce or said to go and give Talaq to her (through some one), then in this situation he personally goes and tells her, the Talaq will not be effective.

PROBLEM:- The man tells his wife (in Urdu) (I intended Talaq for you) or (Talaq is for you) or he said “Allah has destined Talaq for you”, In all these case if the intention is to give Talaq, the Talaq will be Raj’ee.

PROBLEM:- When the husband says `I have released you from bondage of hardship, then unless he expresses in clear that what he means is that he has released her from bondage or restraints in which she has been so far (in which case it will not be a Talaq) his words would be taken to mean that the intention behind this is to give Talaq and the decision will be enforced accordingly.

PROBLEM:- If he says to the wife `You are haram on me’, it will amount to Talaq-e-Baa’in whether or not his intention is was not this.

PROBLEM:- He says to the wife “I am haram on you and the intention is of Talaq, it will be so accepted and the Talaq shall take place. However, if he simply says `I am haram’, without elaborating further, the Talaq will not occur.

PROBLEM:- If he says `your Talaq has become binding (wajib) on me’, it will mean Talaq.

PROBLEM:- If he says `Allah may give you Talaq’, it will not be effective. If he says `Allah gave you Talaq’, the Talaq will take place.

PROBLEM:- While giving talaq reference to the time period is essential, similarly there should be clear indication (by name) as to whom the Talaq is being given.

PROBLEM:- If he says to his wife `For you Talaq is in Mecca (a definite place) or in home or in the sunshine or in shade (an indication of time) the Talaq will become effective. If is not necessary that he (or she) will have to go to Mecca.

PROBLEM:- If he says `To you Talaq is on the Day of Judgement’, it is sheer senseless, and no Talaq shall take place. If he uses the words `before the Day of Judgement’, the Talaq will occur at once.

PROBLEM:- If he says `tomorrow is your Talaq’, then immediately on the sunrise the next day, Talaq will become effective. Similarly if he names any month (shaban) then on the last day of the current month (Rajab) immediately after sun set, the Talaq will come into effect.

PROBLEM:- If he indicates the number of Talaq by fingers, then this number will be the fingers of the open hand and not the closed fist. If three fingers are open then the number of Talaq will be 1, 2 or 3 as the case may be, otherwise it will be one Baa’in Talaq.

PROBLEM:- If he uses some adjective to the word Talaq that would indicate the nature of Talaq for example Talaq-e-Baa’in which expresses seriousness of his intention. Any other similitude will not be accepted, If his intention is of 3 Talaqs it will be accepted as such. Otherwise it will be one Talaq-e-Baa’in. If the wife is the slave girl, then two Talaqs will be the maximum.

PROBLEM:- Sometimes numbers of Talaqs are exaggerated to indicate contempt, such as thousand of times of Talaq, it will be maximum three.

PROBLEM:- If he says `Full Talaq’, it will be one Talaq and if he says `Total Talaq’, it will be Three Talaqs.

PROBLEM:- If he marries a woman with a defective or tainted Nikah and gives her Three Talaqs, he still can marry her without the HALAH (which means to marry another man who divorces her) because the woman with the false Nikah will be treated as having left him. This is not the Talaq in the real sense, but it is an indication of desertion (having been given up or ).

Talaq of an intercoursed woman.

PROBLEM:- If the woman who did not have sexual intercourse, is given “Three Talaqs”, it will be taken as such. IF the number is pronounced one by one to make it three, it will be one Ba’in Talaq only. However in the case of woman who had sexual intercourse , the number of Talaqs spoken one by one to make it three, it will be taken as three Talaqs.

PROBLEM:- Number of Talaqs should be spoken in round figures. In case of fraction, the next full number will be taken.

PROBLEM:- The man who has tow or three wives, if he intends to give Talaqs to any one of them, he must name her clearly. Other vague statement will be of no use.

PROBLEM:- If the woman demands three talaq and the man says “Given”, it will be Three talaqs. But if he says “I give you Talaq”, it will be taken as one Talaq, although his intention may 3 Talaqs.

PROBLEM:- If the woman says `I give Talaq to myself’, and the man agrees then the Talaq is effected.

TALAQ BY ALLUSION OR INDIRECT STATEMENT SUGGESTING TALAQ

These are known as Kin’ayah Talaq or indirect indication of Talaq by way of similitude or metaphors. These largely depend upon the word play or gestures instead of using the direct words /phrase which stand for Talaq or divorce. These are mostly in Urdu idioms/phrase for which English equivalents are almost non-existent. It is necessary such phrases must indicate the intention of Talaq.

In the Book under study by way of translation, the terminology used is KIN’AYAH which stand `hint allusion, metaphor or nod in assent or dissent, we would, therefore use the word KIN’AYAH and the reader should accept it as an indirect Talaq.

The words of “Kin’ayah” are of three kinds. (1) In some, the allusion (idea) is to reject the point (of Talaq). (2) In some they seem to indicate vehement refusal in the form of abusing while (3) in some there is neither the allusion nor abuse. In respect of (1) (refusal) the intention (niyeh) is the criterion, without Intention (niyet) no talaq shall take place, while for (2) and (3) the mood of the speaker as the subject matter of discussion already in progress will be the basis or criterion of Talaq. (Note: To be fair, the Talaq by Kin’ayah is more or less the underlying idea behind these phrases expressed in different moods / gestures of the man concerned, while in final analysis lead to no other conclusion but to Talaq!.)

The word / phrases / idioms listed below relate to Talaq-e-Baa’in, which is affirmative or definitive in nature and the separation takes places without much a do translator. All these words are addressed to the wife whose hangs in balance. These are in stands or coarse lang sage of daily use, in Urdu but their English equivalents are given besides them.

(1) = Go (away)

(2) = Get off

(3) = Walk (off)

(4) = Get going

(5) = Rise up

(6) = Stand up

(7) = Be in veil (as stranger)

(8) = Push away

(9) = Leave the place

(10) = Vacate the home

(11) = Be away

(12) = Measure your way (go away)

(13) = Go you way

(14) = Blacken your face (an expression of utter disgust and contempt)

(15) = Be off (at once)

(16) = You are separated

(17) = You are no more in my company.

(18) = Go away

(19) = Hurry up to depart

(20) = You are separated from me.

(Note: These phrases/slangs run to a large number upto 64 in the book and it is said therin that many other words/phrases/idioms purporting Talaq-e-Ba’in which are recommended to be referred to for information a interest. These are pure Urdu idioms and phrases All which pertain to the central theme of Talaq/divorce. Even if they are reproduced and translated they will not add to the knowledge of the reader of this book in English, nor would be inclined to read the vernacular. There in the interest of such readers and to economise the length of the subject, the remaining material has been omitted. These are, however, available at pages 247 – 248 of the original Book ” ” (Qanoon-e-Shariat)

PROBLEM:- From these words of hints or allusion (Kinayah) one Talaq-e-Ba’in shall take place even if the intention (Niyat) is of two Talaq or no number, But if his intention is to give three Talaqs, then it will be so. However in respect of slave woman no more than two Talaqs are permissible.

PROBLEM:- There are certain specific phrases which if repeated verbatim will not result in Talaq, though the intention may be of Talaq. These are reproduced below with their English equivalents.

(1) (I have no need of yours)

(2) (I have no concern with you)

(3) (I have no work with you)

(4) (You have no concern with me)

(5) (There is no wish or desire with you)

(6) (You are of no service to me)

(7) (I have no desire/inclination of yours)

(8) (I do not want / love you)

PROBLEM:- The wife (having sexual contacts with husband) was given one Talaq, but in the course of Iddat, he tells it to be a Ba’in, then it will be treated likewise or if he says “Three”, it will becomes Three Talaqs, But if he says so after the Iddat or after having gone back to her (to restore marital relations), nothing will come out of this. It will be meaniningless.

Entrusting (the right) the Talaq.

PROBLEM:- The man said to his wife, “You have right/authority or your affair is in your hand” and the intention behind this is to give her Talaq, then the woman can announce her Talaq in that meeting, however long the meeting be stretched. But once the meeting is over, to it changes the woman can not do any thing. If the woman was not present in the meeting or she did not hear it, then the verdict of that meeting will be accepted. If the husband fixes any time limit and that time limit passes even then the woman can not exercise that authority (of giving Talaq to herself!). The words spoken by the man must be specific and direct and not suggestive or by hint, because that would be Kinayah and in Kinayah the intentions is the primary condition. However if the Talaq would not be seen. If the husband, wants to withdraw his words, he can not do so in that meeting, but when he has gone the woman can give Talaq to herself. The right of Talaq exercised by the woman will be of Raj’ee nature, unless the woman gives Three Talaqs which was also the intention of the man, then it will be three Talaqs.

PROBLEM:- If the man does not fix the time limit and authorizes her to exercise the right as and when she desires, then the change of meeting will not affect her right, neither the man can withdraw his words.

PROBLEM:- If the man tells some one to give Talaq to his wife the Talaq will be effective whether or not the man (messenger) gives the Talaq in that meeting or later on. But he can to back to her (Rujo), if the Talaq was announced in the meeting indicated by the man. The man (husband) can take back the authority given to other man. The right of restoring conjugal relation is restricted to that meeting only. Talaq is not announced in that meeting, he can not go back to her.

PROBLEM:- If the man asks his wife to give Talaq to herself and the woman can announce in that very meeting and not later on. The man can also not go back to her.

PROBLEM:- The man asks wife to give Talaq (on his behalf) to his other co-wife, then she can do so any time, it is not restricted to that meeting alone and the man can also resume relations.

Conditions of change of the meeting.

The woman was sitting, she stands up, she was busy in some work, she leaves it undone and begins another work, for example, the husbands asks her to bring food, she falls a sleeps, start taking bath, starts doing some house hold purchasing, she climbs the riding animal, standing animal starts moving, in all these circumstances, the change in postures from one to another, constitutes a change of the meeting (majlis) and the right of exercising the right entrusted by the husband no longer remains valid.

In contrast to the above situations there are some other situations in which changes do not bring about change in the meeting (majlis).

If she was standing, she sets down. She was standing and starts strolling in the room, or she was sitting and takes a pillows to recline, she was reclining against the pillow, she sits straights or calls for her father and some one else for consultation or herself went to call witnesses so that she may give talaq in their presence when there is none who could call the witnesses or she was riding the animal and stops to give water/fodder to it, or she herself the food which was available. In all these situations no change in the meeting takes place.

PROBLEM:- The boat is in preview of home, if is starts moving, it will not amount to change of majlis. If one a person is riding an animal and the animal is moving, then it means that the change in meeting is taking place. However, if immediately the husband becomes silent and the woman responds, the Talaq will become effective. If however both the husband and the wife are both riding the same animal and some one else is pulling the animal, this will be in the context of boat and no change of meeting is taking place.

PROBLEM:- The man says to his wife `let your self assets itself (to exercise right of Talaq)’ and the woman `yes I am asserting my self (will)’ then the Talaq so given (asserted) will be effective.

PROBLEM:- The guardians of the woman want to take Talaq and the husband goes off saying to do what they liked, Now if the intention of the husband was not to entrust them for the Talaq, then it will not be a Talaq.

PROBLEM:- The husband says `Give yourself the Talaq’, without mentioning the nature and the number of Talaq, then if the woman is Free (not a slave) then it will be one Talaq-e-Rajee or 3 Talaqs as the case may be, and in the case of a slave girl the maximum no of Talaq shall be Two.

PROBLEM:- It is said to the woman to give Talaq to herself as and what she likes, she is authorized to give Raj’ee or Baa’in. But after the change of majlis she can not revise her decision.

PROBLEM:- The man said to his wife “Talaq is on you if you (so) intend or like or desire or hold it dear” and the woman says in reply `I liked or intended’ then Talaq will occur. However if the husband only said,”if it suits you”. In reply if the woman `I liked it’, it means Talaq has taken place, but if she says`I have kept it dear’, no Talaq shall take place in that event.

TALEEQ (Mutual Relationship)

“TALEEQ” is an Arabic word meaning `having connection (Ta’alluq) of one thing with another’, in a sense that if any thing is said to have connection with another thing then dependence of one must be a basis for the existence of the other as a proof of mutual relationship, though it may be in reality or it may be correct hypothetically. If the basis mentioned in respect of Talaq is such that the matter of Taleeq either in reality or through logic, then the Talaq will become effective automatically. To put a blame with the intention of harming or injuring one or the other then the object of Taleeq will be defeated. For example, if the woman calls her husband a mean fellow, where upon the husband replies, “If am a mean fellow, then Talaq is on you”, then Talaq occurs even if the man may or may not he a mean fellow, because such utterances are not correlated. On the other hand they are meant for harming the other person. Here the man clearly means to tease the woman. (Note: Here follow a series of statements which are more hypothetical in nature than likely to happen in practical world of today. However readers interested in their informational significance may consul the original book at page 250 – Translator).

PROBLEM:- If the conditions expressing the connections / relation / familiarity (Taleeq) are withdrawn, no longer the familiarity (Taleeq) exists. For example, if the man says to his wife “If you talk so and the man, then Talaq on You”, and if the so or so dies, the Taleeq goes off etc.

WORDS OF CONDITIONS

In Urdu the words of conditions are:

If
When
AT which time
At all times
All
That, which
Whenever
On every, all occasions.

PROBLEM:- When the condition is once fulfilled, no familiarly remains and Talaq takes place but when the first condition in repeated, the familiarly cannot be revived and as such the Talaq, will not take place. But by repeating the words/phrases of conditions three times, it will amount to Three Talaqs.

PROBLEM:- If he says, If I go to that house (indicating it) and if I talk to so and so person, it will mean Talaq to my wife. He goes to that house but does not talk to the indicated person, it will not mean the Talaq, even if he goes often times, but restrain himself from talking to the person concerned, the Talaq will not into effect, But if goes so many times, but talk only once, the Talaq will occur, it will be however only one Talaq.

PROBLEM:- Three Talaqs were hanging on the married but the man wants to take recourse to sexual intercourse, but the suspended Talaqs forbid him, If therefore, when he attempts the intercourse and just the head of the penis enter the vagina, then the Talaqs takes place (the full intercourse) will be with a forbidden woman, which is haram. He must separate himself without delay.

PROBLEM:- He says to his wife, `if you do not come to me this night’, there will be Talaq to you, “The woman comes upto the doorstep but does not enter the room the Talaq will occur. But if she enters the room and finds the husband asleep (and returns), Talaq will not occur. To come near means that if the stretches his hand, he can touch her.

The man calls his wife, but the woman did not go to him, there up on the husband warned her that if she did go near him, it will be a Talaq. Later the husband forcibly took her ! this will not mean Talaq.

PROBLEM:- The man says, `if you to so and so mans hand it will mean Talaq’. There after the man (concerned) died leaving behind inheritance (in which the man has a share?), now if she goes into that house, no Talaq will take place.

Nikah

NIKAH in a sense is the permission under Divine command for the continuance of human race on earth so that the affairs of the world may be conducted in a systematically planned manner, which is in essence the purpose of creation. The urge between the opposite sexes for a communim is in born in any living creature among the human beings as well as the animals. But the expression of this natural urge, for very special reason, among the human beings has to be ordained and controlled in such a way that distinction between man and animal may be will defined so that any trespass of the laws promulgated in this behalf may be at once detected and put right either through persuasion or by imposition of penalty through the agency of religion at any time of human civilize down the age.

Islam being the most accomplished and final institution to safeguard the well being of mankind in both the worlds under Divine command contained in and promulgated through the Holy Quran, the progress and well being of humanity at large has taken utmost care to preserve and promote the sanctity of human sensibility in private and public sectors. It is not an exaggeration that the Quranic injunctions enlarged and supplemented by Prophetic interpretation by way of Ahadees are the best, most modern and most appropriate to conduct and guide all human inspiration in all walks of life. For our understanding and practical application of Quranic laws and the Ahadees we shall confine in this section our main attention as far or the requirements of marriage and Nikah are concerned.

Almighty Allah has permitted union of man and woman and the Holy Prophet (Allah’s peace and grace be upon him) has encouraged such a meeting within the defined and well guarded limits. The initial or the very first stage of entering into the life of one another between man and woman is the NIKAH which in the modern terminology is the social contract of entering in to one another life as husband and wife (which words come into existence only after consenting and signing the agreement in a pronounced public assemblage, and under very specific provisos which call for abiding adherence without any let up or willful negligence.

The Holy Prophet (may Allah’s grace and peace be upon him) has said addressing the youths, `any one of you who has means to Nikah (marriage contract) should do so as Nikah prevents illicit incursions of heart and eyes and those of you who lack resources for Nikah should keep fast as chicks passion and sensual imbalance. He has also said that one who desire’s to meet Allah in a state of purity and cleanliness, he should marry a *** woman. He has said the person who holds dear my way of life, he should follow my sunnat and my sunnat is Nikah. HE has said `the best asset in the world is the virtuous woman’. He further said `one who possesses means (financial resources) to marry but does not marry, he does not belong to us.

PROBLEM:- Nikah means that bind or agreement which makes sexual intercourse and other affairs of life with the woman concerned lawful and permissible.

PROBLEM:- The man should be of balanced sexual temperament (not amounting to animality) but not impotent and if he has means to provide `meher’ maintenance of life necessities then for him the Nikah is sunnat-e-Muakkadah (stressed as binding) and to avoid or refrain from marrying is tantamount to committing a sin. If the intent of marriage is to protect one self form Haram (i.e. adultery etc) to follow the sunnat and have children, then the marriage so contracted would also fetch blissful award. But if the intent of matrimonial engagement is largely to satisfy the sexual impulse and sensual desires, then no sawab will accrue out of this marriage.

PROBLEM:- The sexual urge is dominant and it is feared that if in the absence of Nikah he might commit adultery it is essential (wajib) for him to marry, especially when he can afford financial obligation. Similarly if he can not check himself from looking at other women (with passionate desires) otherwise he would have to resort to hand activity, then in such a condition Nikah is wajib.

PROBLEM:- If it is definite that without marriage he will be obliged to seek unlawful means (adultery) to then it is obligatory for him to get married (without loss of time and under excuses of one kind or another).

PROBLEM:- If there is a fear that in the event of not getting married he will not be able to fulfill financial and other domestic obligations, then in such a condition the Nikah will be makrooh, But if he is sure and definite about these habities, then Nikah will be Haram (in consequence) although the Nikal will be permissible under Shariat’s law.

PROBLEM:- To remain faithfully engaged to discharge the obligation related to Nikal, maintenance of domestic necessities together with the breeding and training of children is better and more righteous than being busy in offering Nafil prayers.

PROBLEM:- The following things are mustahab is connection with the Nikah.

It should be open and announced in presence of people.
To recite a Khutbah (it may be any khutba, but it is better to recite the khutba which is mentioned in the Hadees).
It may be held in the Masjid.
It should be held on a Friday.
It should be solemnized in the presence of witnesses known for their integrity and justness.
The woman should be less in age, family line wealth and reputation than those accredited to man but of a higher consideration is respect of beauty, character, moral behavior and virtuous. (It is reported in the Hadees that if a man marries of woman on account of her public status, Allah will bring disgrace for him, and once who marries a woman because of her wealth, Allah will increase his helplessness and dependence, and if a man marries a woman for her being of a higher family stock, his mean ness and worthlessness shall become known very soon. But if a man marries in order to protect himself from indecent gases at other woman and honour the blood relations, Allah will bless the woman and the man with prosperity and righteousness.

Problem:- The Eejab and Qubool are integral parts of the Nikah which means that the woman and the man in their respective turns to ascertain their willingness to enter in to one another’s matrimonial relations as husband and wife as the case may be.

PROBLEM:- The tense sequence of EEJAB and QUBOOL should be in the past tense (confirming that the contract has already been entered to and agreed upon mutually. Whatever the grammatical or linguistic formulae may be applied it should not leave any doubt in the mind of about the certainly or definiteness about the issue which is Nikah and its acceptance. That is the reason why the Eejab (proposal) and Qubool (acceptance of the Nikah by both the spousul parties can not be declared or pronounced in the future. Therefore unless the person say “I have accepted the spouse (bride/bridegroom) the nikah will not be valid. To say I will accept (the proposal), will not a confirmation and as such invalid.

PROBLEM:- Two distinct words are enough to confirm a marriage deal viz (1)”Nikah” or the proposal or declaring the intention of marriage and (2) TAZAWWUZ (literally meaning becoming or taking a spouse) which confirms that the man and the woman mentioned in the Nikah have become husband and wife for all practical purposes. Other words indicate the confirmation of the marriage contract are indicative nature and can be used if the intentions are clear and beyond doubt or merely conditional.

PROBLEM:- In the Nikah are not at all objectionable.

PROBLEM:- There are certain conditions in the Nikah to make it lawful in the domain of shariat.

To be of sound senses (Aqil). If a lunatic or minor boy solemnizes the Nikah, it will not be valid or binding.
Attainment of maturity (Baligh). If an immature (na’ba’ligh) boy performs the Nikah, it will be valid sulyect to the permission of the vali (guardian or one given authority by the parent as their spokesman and representative).
Presence of Witnesses. The process of Eejab and Qubool must be conducted in the presence of witnesses who should normally be Two men or One man and two women. The witnesses should be Free (not slave), of sound sense (Aqil) and mature (having attained legal age of majority) who should hear every word of the Nikah (lunatics immature in age or a slave can not stand as witnesses). If the man and the woman solemnizing Nikah are both Musalman, the witnesses should also be Musalman. If a musalamn man marries a woman of another religion having a revealed Book, then a Zimmi Kafir( the non muslim under the protection of as Islamic government, paying Jizya) can also stand as a witness.

PROBLEM:- Only women or eunuchs can not stand as witnesses, unless a man accompanies them as a witness.

PROBLEM:- If the witnesses of the Nikah are transgressors (morally and religiously) a blind or involved in guilty of false accusation against chaste innocent women, the Nikah so performed will be valid, but if any of the marrying couple raises any objection subsequently, then the Nikah will not stand as proven on their evidence.

PROBLEM:- The presence of the witness at the time of Eejab-o-Qubool (Nikah) is essential. Therefore if the Nikah is conducted on the authority of Ijazat (permission by the parents/ guardian /vali) and the witnesses were present at the time of Eejab-o-Qubool but were not present when the permission was given, then the Nikah so conducted will be valid, but in the event of reverse condition, the Nikah will not be in order.

PROBLEM:- Witnesses do not mean only the two persons chosen from the gathering, but all those present there morally are also the witnesses except those whose evidence is not reliable for any of the reasons mentioned above.

PROBLEM:- Witnesses are not essential when taking consent of the woman but if they are present at the time of Nikah, the Nikah will be valid. The need of presence of witnesses while taking consent by the woman is necessary because if at any time the woman denies having given the consent, the evidence of the witnesses will become necessary.

PROBLEM:- The practice at some places in appointing a representative on behalf of the (real) Vakil to obtain the consent of the woman is nor correct as a Vakil (representative of the parent of the bride) can not appoint a representative (Vakil) on his own behalf. In such a case the Nikah becomes useless. The correct procedure would be that the Qazi (who conducts the Nihak), should himself become the representative vakil of the Vali of the bride and personally obtain her consent and do the needful afterwards.

PROBLEM:- Before obtaining consent of the bride the identity of both the persons (man and woman) should be established, for the convenience of the witnesses only then the Nikah will be valid. If the woman is present in the gathering, the Qazi can obtain her consents even by a nod (when in evil). The other way is that the parentage of the woman be announced to establish her identity, similarly the woman should also be informed of the identity of her would be husband, while obtaining her consent.

PROBLEM:- The Eejab-o-Qubool, by both consenting persons should be done in the same sitting (When arrangements for the same have been made). Any breach or rupture in the conduct of the proceedings which do not allow consent of both man and the woman and making it known to the witnesses and all those present and witnessing the ceremony, will make the will not be correct. Any venue of obtaining silmalneous consent, should be arranged.
PROBLEM:- The terms of Eejab-o-Qubool should be accepted in full an in every respect especially the amount of Meher etc. Imposing new conditions and accepting some part only will make the Nikah unlawful.
If the girl its has reached puberty (Baligh) then her willingness / consent is essential. Her vali (guardian) has no right to arrange marriage against her will.
There should be no oblique or clear reference to some future conditions to finalize the marriage.
The Nikah and the expression there of must be in relation to the person as a whole with whom marriage is sought and not any part of the body which stand for itself. The poetic or allegorical expression should be avoided as they often lead to misgivings and misinterpretations.

THE MAHRAMAT
(The Women with whom marriages Haram.)

There are some specific categories with whom marriage is forbidden as haram. There are certain reasons behind declaring these women as haram.

There are nine (9) such kinds of women, seven of whom are haram on account of direct blood relations namely

Mother
Daughter
Sister
Maternal aunt
Paternal aunt
Brother’s daughter’s (niece)
Sister’s daughter (niece).

By MOTHER is meant the woman is whose lineage she herself belongs, directly or indirectly. There fore grand paternal mother (dadi) and grand maternal mother (nani) and all upper relations in this lineage are haram, because all of these are included n the rank of mother of parents, grand father and grand mother and great great mother of father and mother.

By DAUGHTER meant all those women who are her descendants (off spring). Therefore grand daughter and great grand daughter (on paternal or maternal side) however downward they may go in family dynasty are all haram.

PROBLEM:- Sister, she may be real (from the same parent) or unreal (from mixed parentage) are haram.

PROBLEM:- The paternal grand mother (dadi) and maternal grand mother (Nani) are in the ranks of ones owns grand mother and as such the maternal mother of the maternal mother and the paternal mother of the paternal mother are all haram.

PROBLEM:- The grand offsprings of the offsprings of one’s own sister and brother are also haram.

PROBLEM:- The illicit daughter, grand daughter, brothers daughter and sisters daughter are all also haram.

PROBLEM:- The daughter of the woman with whom her husband had committed Le’a’n ( ) will be haram on him although she will be attributed to her mother.

The other kind of woman who are haram are on account of ,

These are

The daughter wife will whom has been committed.
The mother, grand mother (mother of the parents and the wives of real father and grand father the wives of unreal sons and grandsons.

PROBLEM:- The intercourse of the natural pattern and are akin for the purpose of reckoning the consequence of the act. If the man has intercourse with a woman her daughter becomes haram on him even if he does not commit wati.

PROBLEM:- A man marries a woman but before he had with her, there comes separation between them. In that case the daughter of that woman will not be haram on him.

PROBLEM:- Just as the occurs on account of it also occurs when one touches a woman kisses a woman or looks at the internal part of a woman’s shame under excitement of passion (sexual impulse) whether it is intentional or by mistake of by way of forgetfulness or under compulsion, it will in any case prove.

PROBLEM:- Conditions for the are as under,

The woman should be “Mushtahat” or the one who excites passion, which means that she should not be less than nine years of age; she should be alive. If he touches a woman (girl) of less than nine years age or the body of a dead woman the condition of being haram shall not apply.

PROBLEM:- A man marries a woman and his son marries the daughter of that woman form another husband; it is permissible. Similarly if the son of that man marries the mother of that woman, it is valid.

The Third kind of woman is of those of whom two of the same relation can not remain in the Nikah of one and the same man.

and these are the woman of one of them is supposed to be a man the other become haram on him For example

In the case of two sisters, if one of them is supposed a man the two (sister) would become brother and sister.
The relation between paternal aunt and the paternal sister, when paternal aunt is supposed to be amn, th resultant relation between should become uncle and cousin and if the paternal sister is suppose to be a man the relation shall become that of the paternal aunt and the cousin (uncle’s son)
The relation of maternal aunt (Khala) and paternal daughter (Bhanji). If Khala is supposed to be man the relation becomes that Mamoon and Bhanja mother’s brother and (his son), and if mamoon’s daughter (Bhanji) is supposed a man relation thus becomes that of Bhanja and Khala.

Under shariat’s law two of those kind of women can not brought together under one man’s Nikah. If he divorces, one then till the expiry of the Iddat he can not marry the other woman.

PROBLEM:- The two kinds of women of the family or blood relations referred to above are not restricted to them above but the same applies even to foster relations two of which to be present under one and the same person is also haram, for example foster-sister, foster-aunts (maternal and paternal).

PROBLEM:- If there be two such women that if any of them is supposed man (masculive) the other becomes haram but if the other woman be supposed a man the first does not become haram, then two of this kind can be made to live together with the same man (husband), for example the woman and the daughter of her husband that if that girl be supposed a man then she would be haram on him as then she would be his unreal mother (sauteli maan) and if the woman be supposed a man then there shall be no relation with him, same proposition applies in respect of a woman and her daughter in law.

The Fourth kind of women are those who are haram because the one is under the possessive (as property) rights of the other like the lady of the house and her maid servant (with no rights of her own) of any description.

PROBLEM:- A woman cannot marry her male servant (ghulam) whether he be under her exclusive control or be shared by others as well.

The Fifth kind of women are those with whom is Nikah haram because of non-belief or faithlessness (shirk).

PROBLEM:- A Musalman can not marry a woman of other sects like Majusis (Fire worshipers) idolaters, sun worshipers and star worshiper and all other sects except those belonging to revealed religions and Books, like christianity or Judaism (Jews), but such marriages should be avoided as complications are like by to arise in such formities. But even in the such case then should be reasonable surety that there women will not turn apostate in which event the Nikah shall become void.

PROBLEM:- A Musalman woman can not marry other than a Musalman man , whatever the latter’s religion or belief be.

PROBLEM:- The Nikah of a murtid (a man who rejects or denounces his religion a murtidah (feminine of murtid) can not be valid with any one.

PROBLEM:- The husband and wife were both formerly non-believers, but both because Muslims, in this case the former Nikah (marriage bind) will remain intact, no fresh Nikah binding.

If only the husband accepts Islam, the woman shall be asked to do likewise. If she accepts Islam the wedlock will not be broken, otherwise separation will be made.

Similarly if the woman accepts Islam then the man will be asked to believe. But if he fails till the passage of three menstruation courses by the woman, she does not remain his wife, she can marry whom she likes.

The Sixth kind of women is that (purchased) slave girl with whom Nikah is solemnized as a Hurrah (independent and free woman).

PROBLEM:- In the presence of Hurrah under lawful Nikah with her, another Nikah with a slave-girl is not justified.

PROBLEM:- If a person first marries a slave girl with the Hurrah (independent free) woman, his Nikah with both will be in order.

Seventh kind of women are those who are connected with others (otherwise than by marriage) Nikah.

PROBLEM:- Another Nikah with a woman already in the Nikah of some one else is not permissible, even is she be in Iddat of some one else either on account of divorce or death for any other reason.

PROBLEM:- Nikah with a woman who is pregnant on account of adultery is allowed. If the pregnancy is by himself, he can also have intercourse (wati) with her. If the pregnancy is some one else then till the birth of the child no wati (intercourse) is permissible.

PROBLEM:- Nikah with a woman whose pregnance is established as belonging to a certain dynasty (sabit un Nasab) is not allowed.

Eighth kind of women with whom Nikah is not allowed are those who are above the number of women permissible by Shariat. They are haram for a Nikah.

PROBLEM:- An independs free man can have four women in his Nikah at a time, while a slave (Ghulam) can not have more than two women in his Nikah. An independent free man can have any number of slave girls.

PROBLEM:- Mot’s is haram If even if the Nikah is performed for a limited period, it is haram , though it may be for the whole life.

Ninth kind of women are those who are haram on account of fosterage.

PROBLEM:- Women who are haram on account of family/blood relations are also haram on account of fosterage, except those mentioned in the next chapter dealing with fosterage relations.

FOSTERAGE RELATIONS

PROBLEM:- The fosterage period of every child (boy/girl) is two years. It is not correct, as it is generally said that the fosterage period for a female child is two years while that for a male child it is two and a half years. In respect of feeding period there is no distinction between a male child or a female child. This period of two years is for feeding the child. But for a Nikah to declared as haram the feeding period is two and a half years. It means that although to feed the child for more than two years is haram, if the mother feeds the child within (less than) two and half years, then the Nikah will be proved haram but if the child takes the milk for more than two and a half years, the Nikah will not be haram, though feeding as such is not permissible.

PROBLEM:- Feeding beyond the prescribed limit of two years is not allowed even for the purpose of cure of some ailment.

PROBLEM:- The foster relation is established with the feeding by a woman and not by the milk of man or an animal. Pouring milk in nostrils or throat amounts to feeding which will make the woman haram. Taking the breast in the mouth does not mean taking milk unless it is certain that the milk has gone down the throat irrespective of the quantity of the milk.

PROBLEM:- If the milk of the women is poured dropped in to any part of the body or through any organ, will not mean fostering by the woman.

PROBLEM:- Women must be careful to feed another child, a children as a matter of habit. If she feeds with her milk to any, she should remember herself as also tell others so that complications may not erop up at any time in future. Even normally no woman should feed another’s child without her husband’s consent. It is makrooh, but if is feared that without feeding there is danger to the child’s life, she may feed the child with her milk. In that it is not makrooh. In any case it will be fostering within the prescribed period.

PROBLEM:- The woman who feeds other’s child becomes his or her (foster) mother and her husband will become the (foster) father of the child and all the children of that woman will become brothers/sisters of that child even if they all be from the same husband or any other husband of the woman. Further relations such as uncle/aunt etc will be taken as established as if through PROBLEM:- What is haram in blood relations is also haram in Foster relations. (other complex details have been omitted).

PROBLEM:- Nikah is permissible

Between the real brother and the foster sister or
Between the foster brother and his real sister or
Between the foster brother and his foster sister. There is also a case of permissibility between the brother and sister of the family relation when the sister of the unreal brother who (the sister) is from another father.

PROBLEM:- Two children (boy and girl) who take the milk of the same woman become brother and sister and the Nikah between them is haram, although there be a distance of year when they took the milk and if the milk was of two different husbands (who married the woman one after another).

PROBLEM:- The Nikah of the girl who takes the milk of a woman can not be held with the sons and grandsons of that woman because this girl has become their sister or the paternal aunt.

PROBLEM:- The woman gives birth to a child as a result of adultery with her by an adulterer, if any girl takes the milk of that adulterous women shall become haram to the adulterer.

PROBLEM:- The milk of a woman is mixed with water and some medicine and given to the sick in this case if the ratio of the woman’s milk is greater than or equal to the mixture, then it becomes a case of fosterage (Raza’at). In the reverse case the fosterage will not be established. This is equally applicable in the case of mixture of a goats milk and the woman milk where dominance or otherwise of the woman milk will decided the issue of fosterage. Similarly if the milk of two women is mixed and given as a medicine, the woman whose milk is dominant shall become the foster mother of the patient. Even when the ratio of the two is equal then fosterage will be held valid in respect of the women, which means that both the women will be adjudged foster mothers.

PROBLEM:- For the confirmation of fosterage opinions of two just and men or one man and two women shall be valid, even it one of the two women one is herself who offered her milk.

PROBLEM:- If the husband sucks breast of his wife, there occurs no damage/ill effect to their marriage / Nikah even when the milk comes and enters his throat.

THE VALI AND HIS AUTHORITY

Vali stands for a nominate person of authority the assigned affair according to his judgement and discretion. His decision or order is binding on to whom so ever it is directed whether the other person or party likes it or not. Vali must be of mature sensibility (Aqil) and an adult as a condition of being appointed nominated as such, no lunatic can be made a Nabi. It is also essential for him to be a Muslim as an infidel (Kafir) can not exercise authority over a muslim. He need not be a virtuous person even a transgressor or an impious man.

There are four grounds or basic qualifications for being appointed a Vali

Nearness in relationship (QARABAT)
Possession or property (milk)
Friendship, affirmity (Vila) and leadership
Power to impose authority (Ima’mat).

PROBLEM:- The entitlement of inheritance must be on his own personal basic by way of nearness in relation. It should not be as a sequence to relationship with a woman. In other words the vali is that inheritor that after distributing the inheritance (assets left by the deceased) among the rightful recipients (ZAWIL FURUZ according to Islamic injunctions) whatever is left undistributed belongs to him. And when there are no legitimate near relations (ZAWIL FURUZ) to claim or inherit the property the whole becomes his share by way of inheritance on account of his nearness in relation.

Such a nearness in Nikah is the same as is allowed in the distribution of inheritance, which means that the first and the fore most right appertains to the son, then to the grandson, then to great grandson and downward generation in the same lineage. When nine in this lineage is available or surviving then the inheritance shall take place in the upper lineage, the foremost of whom is the father then the grand father, then the great grand father and so on in the upper strata in the same lineage.

Then come the real brother and the step brother, then the son of the real brother and the son of the step brother, then the real uncle and step uncle, then the son of the real uncle and the son of the step uncle, then the real uncle of the father and his step uncle (Note: this chain of relations for the purpose of inheritance moves in favour of the grand father and great father (real and step) and their children. In short, the nearest surviving make member of the family will be vali or the rightful inheritor When the son the nearest relation is not surviving then his grand son and great grand son. For the person to be a vali, he should be free and independent, the mantle of being a vali can not assigned to the slave.

PROBLEM:- When no male survivors in any phase are available, then the person from amongst the female relations to be declared as vali is the mother, then the grand paternal mother (dadi), then the maternal grand mother (nani), then the daughter and grand daughter, then grand daughter (mother’s side, Nawasi), then the great grand daughter etc. the relationship moves to grand father (nana, mother’s side), the real sister the step sister and their offspring.

PROBLEM:- In the event of there being no relations the vali will be that person known as MAULAL MAW’AL’AT or the person on whose hands the father of the deceased has embraces Islam.

PROBLEM:- After of all these the king of the Islamic Kingdom shall be the vali but he can not keep the inheritance with himself and it should be deposited in the Biat-ul-Mal.

PROBLEM:- The Wasi (the administrator of a will or Wasiyat) is not authorized to arrange the marriage of the orphan ward under his guardianship, even if to father had made a wasiyat to this effect, unless he is also the relation in which he is a vali and authorized in this behalf.

PROBLEM:- If some one nourishes a minor child or adopts him / her can not become the vali, similarly rearing an abandoned child does not entitle him to become the vali.

PROBLEM:- The vali of a slave girl is her master, nine else can be her wali. If the slave girl or the slave (man) marry on their own, then it depends upon the master’s will to accept or reject the Nikah and his command will be binding, then in the combined will of the masters shall depend the fate of the Nikah.

PROBLEM:- The (real) Kafir is the wali of the (real ) Kafir, But the apostate (Murtid) is the wali neither of the kafir nor of the musalman even a murtid can not be the wali of another Murtid.

PROBLEM:- If the wali turns lunatic, then he no longer remains the wali. If his madness / lunacy if of such a nature, that at times he loses senses and at other he behaves normally. In this situation his position as wali remain, but the decision made by him in his lunacy will not be binding, while those made in his normal senses will be valid.

PROBLEM:- Two persons working as wali perform the Nikah of the same person, then the Nikah by the vali doing it first will be valid.

PROBLEM:- Of the two walis (one being near and the other at a distance, both having the rights as of wali) if the near wali is not present, then the Nikah performed by him will be valid. But in the presence of Near – wali the nikah by the distant wali is not valid.

PROBLEM:- The man (kufu in status, but lower than the woman sends a propose for marriage and willing to pay the Meher, but the near wali is not willing and refuses without giving any reason, then the distant wali can give permission for the Nikah (which will be valid).

PROBLEM:- For the marriage (Nikah) of the immature or underage (male or female), lunatic and slave (girl or male) the presence / appoint of a wali is essential, without the wali their Nikah is not permissible. It a free and adult woman a marries a man of kufu status (of the same or equal tribe, caste) without the wali the nikah will be valid, and if she marries with the man of other kufu (without the vali) the Nikah will not be valid if the vali agrees agrees at a later date.

PROBLEM:- The woman who has male relation of hers if she knowingly marries a man of non kufu status, the nikah will be valid.

PROBLEM:- No marriage / Nikah of a mature (adult) free (not slave) and sensible woman shall be valid without her willing consent, even if her father and the king (of islamic state) are give their command in this respect, whether the woman is virgin or otherwise. Similarly no one can insist upon the Nikah of a man adult or a bonded slave or girl without their willing consent. By bonded slave (male or female) is meant the one whose master agrees to free him if the (fixed) amount is given to him.

PROBLEM:- If the near wali or his vakil or some messenger ask the consent of a virgin woman for acceptance of nikah and she remains silent or smiles or laughs and weeps without sound then these gestures will indicate her consent.

PROBLEM:- The near wali without taking the consent of the woman performs her Nikah. Now some messenger of her or any other unconcerned wali informs her about the Nikah. If now the woman remains quiet or she smiles or she laughs or weep without sound, then in all these gestures the Nikah will be deemed valid and she accept it.

PROBLEM:- If the distant wali or some stranger seeks the consent then her silence is not the sign of approvals. If the woman is virgin than instead of giving her open consent if she merely utter such words directly or obliquely which relate to the nikah, marriage or relation between husband and wife, then this would be an indication of consent.

PROBLEM:- While obtaining consent it is also necessary that the name with whom she is begin married should be taken or indicated in such a way that she comes to know identity of her spouse. Merely general announcement as to his caste / tribe or any indirect reference will not be enough.

PROBLEM:- While obtaining consent the amount of the meher should be mentioned. It is not mentioned then the Meher fixed must not be less the Meher-e-Masal. If it is less than that, then the Nikah will not be valid.

PROBLEM:- In the case of the immature underage boy or girl, lunatic and under mutah (Matu’h) the wali has the right to imposed his authority and if the father, Grand father or the son have allowed the Nikah, then it can not be revoked even if the people do not want this Nikah and the persons concerned become mature or the lunatic regains senses. (other complex details have been omitted).

PROBLEM:- When a woman attains puberty, she should let it be known through some one, stating at the same time that she assumes control /authority over herself to take any decision about her matrimony etc.

PROBLEM:- If the woman did not know that she is entitled to exercise her to rights on account of her reached puberty (or having come of age under law) and as a result of her ignorance in this behalf she did not use her privilege then she is herself to blame (if some wrong has occurred to her) because ignorance us no excuse.

PROBLEM:- If a boy or girl comes to age of adulthood but they do not make it known, then this silence, does not annul the right of adulthood, unless their consent in some matters is given in such a way that they have done deliberately and in full consciousness of the consequences. If it has resulted in the annulment of Nikah, then the question of Meher will be decided whether or not the intercourse has taken place. If it has then meher is due, otherwise not. In the event of intercourse, then in the wake of annulment of Nikah, the woman will have to undergo the term of Iddat.

THE KUFU [FAMILY STATUS OF MAN].

By the word of `Kufu’ is meant the family and the status of man entering into a marriage fold with a woman. Under this term Kufu. generally status of a man is lower than that of the woman, but not of that state which may be a shame of undignified in mutual behavior. This term is usually applied to man who social status is always a matter of borbe or interest whenever the wedlock affair between two strangers or of different status is spoken of. The woman of any grade / status is seldom a matter of enquiry.

PROBLEM:- The Nikah of an underage boy with a girl of a non Kufu status (belonging to other caste / tribe) performed by some wati are other the father or grand father is not valid. A mature person, can perform his Nikah with some one of non-kufu status because the question of being a Kufu or non kufu is not a point of consideration, but in the case of underage boy and girl the point of Kufu is to be kept in view.

PROBLEM:- The validity of Kufu depends upon six factors,

Family Lineage (nasab)
Islam
Profession
Being Free (not a slave)
Integrity / honesty (diyanat)
Wealth (financial position).

All the dynasties belonging to Quraish are Kufu to one another in as much as a Qarshi (of the Quraish Tribe) is a Kufu of a non Hashimi, but no non-Qarshi is a Kufu of Quraish. Except for Quraish all the communities of Arabs are Kufu to one another, Ansars and Muhajars are equally included in this. A person of Ajami (non Arab) lineage is not a Kufu on an Arab, with the exception that the nobility of a religious scholar of any lineage is about the nobility of any other kind.

PROBLEM:- A person who embraces Islam (i.e. his ancestors were non-muslims) he is not a Kufu of one whose father is a Muslim, and the person whose father only is Musalman is not a Kufu of one whose grand father is a Musalman. For an Arab who himself embraces Islam or Islam is being followed by his father and grand father all are equal (and Kufu of one another).

PROBLEM:- A transgressor (fasiq) is not the Kufu of the daughter of a righteous father, though the girl herself is not righteous. This is obvious that a transgression in faith far worse than the transgression in conduct / character. There fore the kufu of a sunni woman can not be that irreligious religious person who irreligiosity has not touched the boundary line of Kufr (infidelity or unbelief). And such anti religion persons whose anti religiousness has overshot the bounds of disbelief, the question of such a person marrying a Muslim woman does not arise at all, the issue of his being a Kufu is not even worth mentioning.

PROBLEM:- The status of Kufu in respect of wealth or financial position demands that the man must possess enough amount of money so as to pay off the Meher-e-Mu’ajjal (Instant payable Meher) and the alimony (expenses on maintenance and etc of the family). If he is not engaged in any profession, he must provide at least a months provisions, an if he is daily wage earner he must give the family the minimum which would suffer daily expenses.

PROBLEM:- If the woman is dependent (resource less) and her father and grand father are also like her, then her Kufu from monetary point of view can be only that person who is able to pay off instant Meher and provide maintenance expenses.

PROBLEM:- The minor son of wealthy man will be considered Kufu in respect of money, even if he does not have any amount of his own.

PROBLEM:- Persons engaged in menial profession can not be Kufu of those engaged in noble professions. However those in the capacity of shop owners, factory managers of things considered as of law status such as shoe making etc. can be Kufu of those of less resources belonging to noble professions.

PROBLEM:- A man was Kufu (financially) at the time of Nikah, but his state suffered financial set back, in spite of this his Nikah will remain valid.

PROBLEM:- A man who was engaged in low brand profession which did not make him Kufu for some reasons (feeling shame) he left the job. If he improves his status which removed his sense of indignity, he will now be a Kufu.

PROBLEM:- Though Physical beauty, suffering form some disease and defects (of any kind) are all of passing a nature, even then the wali must keep their repercussions in view so that embarrassment / complication may not have to be faced at later on.

MEHER:

The minimum amount of Meher is 10 dirham, the equivalent of which (as it those in those days) is Two rupee Twelve annas 9 3/5 pies (These coin except rupees are defunct), either in coins, silver or some goods of equivalent price.

PROBLEM:- If the meher is less than 10 dirhams, the minimum of 10 dirhams is wajib (which should be paid) and it is fixed more than 10 dirhams, then the amount thus fixed is wajib (it should not be reduced).

PROBLEM:- When the marriage is consummated after the intercourse or any of the two dies, then in either event the meher fixed will remain unuttered. Similarly if the divorce was of ba’in nature and the man has another Nikah with her during the period of her Iddat, then this meher without intercourse etc. will become binding. However if the rightful person exempts payment in full off or half of it, then it will be treated as such, and if the Meher was not declared as fixed and the husband divorces her, then half of it will be payable, and in this situation if the husband had paid the full meher, then half of it will be returned.

PROBLEM:- The thing which can not be priced (un exchangeable able in money or on which profit can not be recovered) can not be fixed as Meher. If such a thing is fixed as the Meher then the equivalent value of it will be taken as Meher and not the thing itself for example if the meher fixed is to the effect that the (Free, not slave) husband will serve her for the whole year or he teach he Holy Quran or arrange Haj or Umrah for her. Or if the Muslim man marries a Muslim woman or if in the Meher there is a mention of blood or wine or hog (khinzir) all of which are haram, or a condition was as a meher that the husband divorces his first wife, then in all these cases the meher will be as it is fixed in the family of this woman.

PROBLEM:- In the case of NIKAH-E-SHIGHAR the Meher is like the amount fixed in the society or family of that woman. NIKAH-E-SHIGHAR means that a man his daughter or sister with a man and that (second) man marries his daughter or sister with the first man and the meher fixed in each was the Nikah of one another. Although to do this is a sin, yet the Nikah will be deemed valid, and the meher in terms of money will be like the wajib Meher.

PROBLEM:- If no mention of the Meher was made in the Nikah, or the Nikah was solemnized in spite of the Meher having been negatived in both the case the Nikah will be valid. And if the marriage was consummated. (after sexual act) or a if any of the two dies, then the Meher payable will be like the Meher wajib. Further if after marriage some Meher was mutually agreed by the husband and the wife, then the Meher so agreed shall be payable, and if the Qazi fixed any Meher then that (Meher) will be payable, in both these case what ever is confirmed by Shariat laws, the same will be payable. If it was not confirmed and the divorce took place before the consummation of the marriage, then in both these cases one pair of clothes is to be given as wajib meher. This includes a Kurta (long shirt) pajama and hear bosom covering (dopatta) the cost of which is not more than one half of the Meher-e-Masal (normally is vogue). If the price is more than half of the Misl Meher shall be given period the husband is well of financially and of the husband is poor then the cost of the pair of clothes should not be less than five dirhams. If both are rich then the pair of clothes of any cost and if both are poor, an ordinary pair of clothes will be enough.

PROBLEM:- The provision of the pair of clothes is wajib when the separation comes from the husband side, namely a divorce,calling his wife as his or he becomes an apostate (murtid) etc and if the separation is from the wife’s side then no provision is wajib, when the wife denounce her religion or kissed the husband son by way of lust.

PROBLEM:- When the husband divorces his wife whose meher has been fixed, before the consummation of the marriage, then the provision of pair of clothes is not mustahab. If the divorce is given after sexual act (denoting consummation of marriage), then whether the meher was fixed or not the provision of the clothes is mustahab.

PROBLEM:- When the woman gives up half or the whole of the Meher, it is permissible provided the husbands does not refuse, If the woman is underage (not having gone through puberty) and her father remits the meher on his own, he can not do so. If she has become an adult (is of age) then it will depend on her permission.

Consummation of Marriage (Khilwat-e-Saleeha).

The terminology used to denote the fact that after the Nikah, the sexual act between husband and wife has actually taken place is “Khilwat-e-Saleeha) and it comes into effect when the husband and wife are at once (in complete privacy) and there is nothing to obstruct / prevent the copulation or sexual union between the two. This privacy is a kin to sexual union.

There are three factors which may not allow copulation taking place,

These are (1) HISSI (sexual or sentimental) (2) TABA’CE (Physical) and (3) SHARA’EE (religious tenets).

(1) Prevention / obstacles in Khilwat-e-Saleeh or complete privacy for copulation from sensual / sentiment point of view. The husband is suffering from some ailment which does not permit the sexual union. And if the wife is suffering from disability (sickness) of such a nature that the sexual act will haram her. If her excuse is not of this nature then consummation can latter place.

(2) Physical obstacle, The presence of a small child who will tell others what be sees will not an obstacle.

(3) Obstacle from Shariat point of view. The woman may be in her menses or impurity after child birth or any of the two are with Ahram, or some one is keeping fast for failure in Ramzan. In the above noted circumstances the get together of the newly weds will not permissible or they should refrain till the obstacles are removed.

If in spite of these mentioned obstacle the couple meet one another for the sexual union then it will be defective or tresspassing copulation to known as `Khilwate Fasidah’.

PROBLEM:- If the boy who is not able to copulate with his wife or the girl because of her premature condition is can not respond then in both these cases the union will be an obstructed one.

PROBLEM:- If some thing occurs in the vagina (private part) of the woman which obstruct the copulation, then the meeting will not be taken as right union or Khilwate Saleeha.

PROBLEM:- If they meet at such a place where sexual union is not desirable, such as Masjid, public pass way or an open ground, then the act will not be a correct or permissible one.

PROBLEM:- If the man divorces his wife after valid copulation (without hindrance), then the full meher will have to be paid as Meher-e-Wajib, when the Nikah was correctly solemnized. In the event of Nikah was not in order (defective or fasid) then only with their meeting together meher will not wajib, unless sexual union has taken place in which case the Mehere Masal (normal meher) will be payable.

PROBLEM:- If no meher is fixed, but the Nikah and sexual meeting are both correct, then the normal meher will become binding.

Some more injunctions of rightful Union (Khilwate Saleeha)

PROBLEM:- (1) If the woman is divorced after a rightful union, then Iddat is wajib on her and in this Iddat it is incumbent that she be provided with maintenance necessities as well as the house to live. Even otherwise after the rightful Nikah, merely with the privacy the Iddat becomes wajib (essential) whether or not the privacy was in order. However in case of the improper Nikah, without intercourse no Iddat is essential.

(2) If he divorces after the rightful union, then so long as she is in Iddat he can not marry her sister.

(3) Nor he can have four wives in addition to his wife (now in Iddat)

(4) If he is free (not slave) he can not marry a slave girl during her Iddat.

(5) And he should divorce the woman with whom he had sexual union at that time which is permissible for a such woman.

(6) He can divorce her (as above) with but he can not restore sexual relations with her, nor in the event of

he can resume sexual relations with on account of the uninterrupted copulation.

(7) If the husband dies when she is in Iddat, she can not inherit his property.

(8) When the meher has been declared as inviolable, it can not be revoked, even if the separation comes from the woman’s side.

PROBLEM:- Separation comes in between the husband, the man says sexual union has not place but the woman that there has been the (due) union, in this connection the statement of the woman will be accepted as reliable.

If the get together took place between, the woman and the man, but she could not be subdued by him, If she is virgin then full amount of Meher is due (wajib) and if she is not virgin then the established / fixed meher will not be due.

THE “FAULTY” NIKAH

If any prescribed condition if omitted in the Nikah it will not be appropriate or worth acceptance, for example, the nikah was solemnized without the witnesses, or two sister were given in the Nikah at the same time (with one and the same man), or he marries the sister of his wife during the course of her Iddat, or he marries a woman who is in some one else Iddat or he marries the fifth woman when the fourth wife is in Iddat or in he presence of a free (hurrah) wife he marries with a slave girl.

In all these cases the Nikah becomes invalid.

PROBLEM:- In the event of an invalid (fa’sid) nikah, the meher can not becomes wajib, unless these has been physical insertion (wati) in the sexual act, mere meeting together in uninterrupted privacy is not enough. If wati takes place, then the Meher Mis’l or customary meher is becomes due which should not exceed the fixed Meher, if the latter is more, then it shall be payable.

PROBLEM:- In the event of a faulty or incomplete Nikah, it is necessary for both (man and woman) to announce it annulment or cancellation (Fas’kh) not necessarily in presence of one another. If they can not do so, the Qazi should announce the cancellation of the Nikah .

When the separation has taken place or if the husband dies then Iddat is due provided then has been physical union. But in the case of a faulty or invalid Nikah also, the term of Iddat is three “menses” and not four months and 10 days.

PROBLEM:- In case of faulty nikah, the Iddat on account of separation is from the time of separation even if the woman may not be aware of this “separation” to become effective means that the should say with tongue ” I have abandoned you, you may go, you marry” etc or she has herself gone from his house.

PROBLEM:- Although it is not necessary that at the announcement of separation, the woman should be there, but some one or the other should know this (and convey to the woman). If none knows (at all) then the full Iddat will not be complete.

PROBLEM:- In the event of an incomplete / invalid Nikah there is no provision of maintenance or alimony, even if has been agreed upon it will not be permissible.

PROBLEM:- The like Meher or Meher-similar (Meher-e-Misl) will be the amount fixed as Meher in the family) dynasty of the woman, like the meher of her sister paternal aunt, daughter of the uncle etc. The Meher of her own will not be Like-Meher if she belongs to another household.

The criteria in respect of Meher-e-Misl like/similar Meher) in respect of other woman are (1) Age (2) Beauty and (3) Wealthy, in which they are like one another (4) they live in the same city (5) belong to the same time (6) wisdom (7) sensibility (8) honesty (9) righteousness (10) knowledge and (11) culture, they almost like one another (12) both are virgins non virgins or (13) they are alike in not having children, the meher may be similar if they compare favourably differences of a noticeable nature will influence the meher accordingly (14) the conditions of husband has also a bearing as the meher of young man is different form that of an old man. These aspects / features are taken into account at the time of the marriage (nikah), difference arising later on will not be considered to modify the meher.

PROBLEM:- If there is no woman in her own family /dynasty for comparison are fixation of meher, then the case of another woman belonging to a known family may be taken into account.

PROBLEM:- For the confirmation of Meher-e-Misl (of like nature) the evidence of two men or one man and two women, reliable and sensible, is necessary. In the event of non availability of witnesses, the evidence of the husband, on oath will be permissible.

Meher by naming / entitlement (Meher Musamma)

They are of three kinds.

(1) Unknown or not predetermined determined things in respect of their variety or quality (Majhool-ul-Jins wal wasf), such as cloth, animal house or the pregnant she goat to give birth to a young or the fruits of a garden expected to be gathered or any such unpredictable thing. These can not be fixed as meher, but the meher to be fixed should be the like meher (mentioned above).

(2) Things of a known verity but unknown quality, such as slave, horse, cow or goat, in all these whatever is fixed as Meher should be of average quality or the price of an average person or nothing. This kind of meher (is known as Maloomul Jins wal Majhool ul wasf).

(3) The third of named meher(Mehre Musamma) is what is termed as `Maloom ul Jins wal Wasf (known verity and quality). In this connection whatever is determined is wajib.

Meher related to time sequence

There are three kinds of mehers in this category.

(1) MU’AJ’JAL (derived from the Arabic word ‘UJLAT meaning haste) or instant payable.

(2) MU’WAJ’JAL (derived from the Arabic word AJ’AL, Time undetermined) the meher for which no time limit is fixed.

(3) MUTLAQ (Absolute and abstract of a general nature.)

The Mehere Mu’ajjal or instant meher is to be paid by the husband before entering into privacy. The Meher-e-Mu’wajjal or undeclared time limit can be paid any time on divorce or death. The Meher-e-Mut’laqa is neither of the two in entirely that is it can be part of this or that or both.

To receive the Meher-e-Mu’ajjal (instant meher) the woman can click her husband before sexual union or an attempt thereof. Even if the husband wants her company in a journey (after Nikah) she can refused to go unless the meher is paid to her. In the event of Mehre Mutlaq which consists of both the other two mehers, the woman can demanded the part of instant Meher so fixed or customary in her family, as a condition precedent to go on journey or permit sexual intercourse.

It is better to pay the Meher-e-Muj’wa’JJal (undeclared time limit as early as possible, to be free of this liability. Normally, this kind of Meher is paid at the time of divorce or on death. A part from divorce or death, the discretion is that of the man, the woman can not demand as a matter of right.

PROBLEM:- In the case of an underage or immature girl , If after the Nikah (with instant meher) has been solemnized and she is on her way to her bridegrooms residence (Rukhsati), but the mehere muajjal has not been paid, then her wali has a right to demand the meher before her going into the nu;ptial chamber and the husband can not do anything unless he pays the meher muajjal.

PROBLEM:- In the meher of time limit the woman can check her from further sexual union if she is not paid the amount in spite of her demand after the term is over.

PROBLEM:- In order to get the Meher-e-Mu’ajjal (instant Meher) if she refuses the sexual union, the claim for maintenance will not collapse and in that condition she can out even in a journey when it is necessary without the permission of her husband, but over she receives the meher-e-mu’ajjal, she can not go without permission, she can meet her parents once a week, for the whole day and to see blood-relations once a year, except the blood relations (Maharim) she can not go to any friends or other relations even on occasions of festivity or mourning, nor should her husband allow her in these cases. If he permits, both (the husband and the wife) will be sinners.

PROBLEM:- When the husband sends some thing to the house of his wife and calls it a `hadya’ (present or gift) he can not call it meher. In the event of dispute the oath should be taken to settle it.

PROBLEM:- Whatever has been in the `Jahez’ (dowry, a brides parapheronatia) can not be taken back by the husband can not be taken back by him. If the thing sent by him, is not by way of Meher and it still remains unutilized, she can return it and receive the Meher instead.

PROBLEM:- Nothing can be taken back from what has been given as Jahez even by the inheritors if the article was given in a state when death looks imminent (Marz-ul-Mant). The wife is the only heiress.

PROBLEM:- At the time of sea-off (wida or rukhsati) of the bride if the people of the girl had taken something from the bridegroom or if the brides relative refuse to send her off without taking something and the groom pays off the same for taking her home, he can demand back his money / things or its price, as it is kind of bribery.

PROBLEM:- The husband gave Jahez to the girl and then says it was by way of borrowed article. If the girl or on her death the husband says that it was by way of possession (Tamleek). If it was a thing normally given in dowry (jahez) then it is the property of the girl. If however the thing contains both the aspects viz borrowed or loan nature as will as possession then the words of her father or heirs will be acceptable.

PROBLEM:- In a case where the girl’s statement is trust worthy, if her father can produce evidence that he had given the thing as borrowed article and the witnesses corroborate him, then their evidence will be acceptable.

PROBLEM:- In a hose where both husband and wife live and where there are articles to which both lay their claims, then to decide the issue nature of the things will be taken into consideration. The articles which are exclusively of feminine brand such as head and shoulder wrapper (do-patta), dressing table, feminine dresses shall be given over to the woman. However, when the husband proves by evidence that these things belong to him, then these will be made over to him but when the woman brings witnesses to prove her possession, she shall in given the same (despite husbands claim / evidence). If one of them dies and the differences of the same nature erop up, then the issue will be decided as stated above. The things will be given to the one who uses them and not to the heirs. The merchandise of business will go to the man if he was carrying on the business of the same.

PROBLEM:- The father of an underage girl can claim the meher-e-muajjal and she is able for a sexual union, he can also demand her (to be allowed) to go with him. for this no criterion of age will be raised. If she is unable to have sexual intercourse, even if she has attained puberty, she can not be forced for a see-off (rukhsati).

THE NIKAH OF A KAFIR.

The kind of Nikah which is permissible among the Muslims, if the Kafirs (non-muslims) also do like was then it would be permissible. But there are some kinds of Nikah which is permissible among the Kafirs, but for the Muslims they are not valid. When (for example) the Nikah id defective of the absence of witnesses or the woman was in the Iddat of a Kafir and the Muslim marries her in that state. It is also conditional that the Non-muslim (kafirs) should approve of the Nikah between Muslim and non-muslim, according to their procedure and belief. If both the non-muslim man and woman become Muslims, their nikah of their former faith will continue and no change will be necessary. If however the matter goes to the Qazi, he will decide the issue (on merits) and shall not break the nikah.

PROBLEM:- If the Kafir marries a Mahrim (blood-relation which is haram in Islam) and it is permissible among them, then it will remain as such and other conditions of maintenance will also enforced, but they will not be heirs (inheritors) to one another. If later they both convert to Islam, or one accepts Islam, then the issue will be decided between them, provided both of them take their case before the Qazi. If only one party present his / her case, then no decision between them with be made as to their separation.

PROBLEM:- If the husband and husband belong to any other religion than revealed christian or jewish and any of them accepts Islam then the Qazi will present Islam before the other if he / she accepts Islam there remains no issue, but if the other refuses or maintains silence then the Qazi can dissolve the marriage, but before that he must ask three times before giving the decision of separation. If both belong to religion of Books and the man accepts Islam the woman will remain his wife as usual.

PROBLEM:- If a woman migrates to a Islamic state (Darul Islam) and if she accepts Islam or decides to remain as a Zimmi (under protection of the government on payment of Jizya), she is free to marry immediately provided she is not pregnant, in the latter case, after the child birth (delivery) but this period will not be counted towards her Iddat (on separation from her former husband).

PROBLEM:- If any of the Muslim husband and wife denounces / goes back on Islam, the Nikah gets dissolved automatically and immediately. It will not be a separation as a divorce, but it will an one right cancellation. If the woman has had sexual union,she can claim full meher. If she has remained “un sexed” and goes back on Islam, she gets nothing as Meher etc. If the husband becomes `murtid’ (rejecter of faith), she claim half of the meher. If the woman rejects Islam and dies the muslim husband will receive the inheritance.

PROBLEM:- The woman an dthe man both become `murtid’ and then both again embrace Islam, in such a situation the former Nikah does not remain intact. It of them becomes muslim, then the other (not simultaneously), even then the Nikah would get dissolved.

PROBLEM:- If the woman goes back on Islam (becomes murtid), she must be compelled to come back to Islam, and she should be kept under isolation till she dies or accepts Islam. In the latter case she be remarried (with a fresh Nikah) and the meher now fixed should be nominal or of very small amount.

PROBLEM:- If the woman utters the words of kufr in order to get released from her husband and marry another man to receive full meher, then in that event every Qazi will have powers to re-marry her with her former husband on a small meher, whether or not the woman agrees, further she will not have choice of marriage with any other man.

PROBLEM:- The child of a parent belonging to different religions, will be under the authority / guardianship whose religion is better such as if one is a fire worshiper and the other belonging to revealed religion, then they will go to the latter.

PROBLEM:- If the husband who is addicted to intoxication, and he utters words of kufr under the influence of intoxicant, the woman will not go out of his marriage bond, but it is advisable if a fresh nikah is solemnized.

FIXING `TURN’ (Bari) BETWEEN WIVES

The Holy Prophet (Allah’s grace and peace be upon him) has said that “if a man has two wives and he does not maintain equity between them, he will be raised on the Day of Judgment in such condition that one half of his body will be completely paralyzed.

PROBLEM:- If the man has two (or more) wives then it is binding on him to maintain justice and equity in matters which are in his power, such as the clothes, food, shelter etc. However in matter, concerning mostly emotional such as live, inclination towards one or other, he must pay due regard to others without causing heart burn etc. It is also not necessary that he must have equal sexual contracts with all.

PROBLEM:- As regards the sexual intercourse, it is at least once, binding (in order to have the consummation of Nikah or khilwate Saleeha) then after it is upto him to maintain this aspect as a matter of justice and equity, not so scarce so as to make the woman look at others to express her starved sentiments nor so frequent and unbridled so as to cause her harm physically or otherwise.

PROBLEM:- She has a single wife, but he is not so much inclined to her as he devotes his times in religions devotion and rituals. In that condition, the woman ask her husband to pay attention to her as will and the man should not ignore her so persistently. It is said in the Hadees:”Your wife has her rights on you.” so much involvement in religious devotion, even at night, causes negligence of her “rights” the fulfillment of which is also binding on the husband. The judicious portion between husband and his devotion is reported to be according to Hadees, is four days for his wife and three days for devotional exercise / rituals etc.

PROBLEM:- All categories of woman in marriage have their rights for receiving the attention of their husbands, though the nature and quantum of attachment may very from woman to woman as from man to man, the wives may be classified as old and young, virgin and non virgin (having undergone sexual act), healthy and sick pregnant and not pregnant, the underage or girl fit and willing for sexual union with menses or with impurities of child birth, one with whom the one divorced with a returnable permission, known as Tilaq-raj’ee and be intends to return to her, the one with Ahram and hysteria affected woman but not likely to cause physical harm, All have their rights under the laws of shariat which must not be trespassed wantonly, all must have their “turns” and the none should not be deposed with or ignored under one pretext or other.

PROBLEM:- If there be two woman, one Free (not a slave girl) and the other a slave girl, then for the independent and free woman, her husband should have two days and two nights and for the slave girl one day and one night. The slave girl who is no one’s possession, she has her own choice, there is no fixed “turn” for her.

PROBLEM:- In “turn” in this context means `visit at night’, therefore the man can not go to “visit” another wife without any reason or his own free will. However he can go during day time for some necessity. If the other wife (out of turn) is sick, the husband may go to her to enquire about her health. If she is seriously ill, he can also stay will her at night. In this connection, it must be remembered that except for the day fixed as a turn, the husband can not visit another wife during daytime for sexual intercourse.

PROBLEM:- It is open to the man to fix alternate days for turn, or three days at a stretch for each one or even a full week for each turn by turn.

PROBLEM:- There is no turn for any one while the husband intends to go on journey. He can take any one he likes, however it is advisable to cast a draw comes not should be taken as companion on the journey. One return, other woman can not claim that they should also be given as most time as the other had remained one, on coming back home, fresh days of `turn’ shall be fixed. `journey’ in this case means some religious journey. To go abroad for stay in other places / travel under this injunction.

PROBLEM:- The woman can give her `turn’ as a voluntary gift (hibah) to another woman (co-wife or rival)). She can also take back her voluntary gift.

PROBLEM:- Fore – play like kissing, embracing, sexual act etc with every woman (wife) in the same proportion is desirable (mus’ta’jub) but not wajib (essential).

THE RIGHTS OF HUSBAND AND WIFE

Often the scuffle and disagreement between man and wife occur because there mutual rights are not open heatedly observed. If at one place the Holy Quran affirms the superiority of men over women in the famous verse;

(Men have domination over women [Nisa 4=V]), at another place it also reminds and stresses upon the menfolk

(live with women in a well spelt out manner [Baqarah 2=V]), which also means in an equitable and just manner, without usurping their right in a heavy handed manner. If right and privileges of both the consorts are maintained and safeguarded scrupulously, most of the internal fends and skirmishes in and outside the family fold can be avoided and the life can be lived in a satisfactory and contented manner. Below the commands mentioned in Ahadees of the Holy Porphet (Allah’s grace and peace be on him) are given for general guidance so as to ensure peace and harmony in the family life of muslim fraternity.

RIGHTS OF MEN OVER WOMEN.

The Holy Prophet (Allah’s peace and grace be on him) has said: On woman devolves most the observance by her of the rights that are due in favour of her husband among the men-folk, and on man the rights of his mother are fore-most in the line of his behaviors and deeds.

He said: If I were to command any one for prostration I would have asked the wife to prostrate before her husband.

The Holy Prophet (Allah’s peace and grace be upon him) has said: By Allah! A woman can not fulfill her obligations (duties) to Allah, unless be fulfills her obligations (duties) towards her husband.

He has said: When a husband calls, his wife (at night) to come up to him and she refuses, whereupon the man in anger and anguish spends the night, the angels cast curses on her till the morning. It is also said by him that so long a husbands remains angry against his wife, Allah the Almighty also remains angry with her.

He also said the woman should not check herself from (the desires of ) her husband, and except for Farz Fasting, she should not observe any fast against the wishes of and without the permission of her husband. It will be a sin if she stills kept the fast. Without the permission and consent of her husband, no good deeds of her will receive approval of Almighty Allah. If she does any good deed without the permission of her husband, the reward there of shall go to the husband and the blame will be her lot.

Without the consent of her husband the woman should not go out, from his home, and if she goes, then so long as she does not offer repentance (taubah) the angels will continue cursing her. On this some one asked, even if the husband is a tyrant? and he replied `yes! even if he is a tyrant.

The Holy Prophet (Allah’s peace and grace be upon him) has said,`if the woman dies when the husband was pleased with her, she will be admitted in the Paradise.’. He said, every permissible thing (mabta’h) which the forbids, it is binding on her to comply.

PROBLEM:- When the husband desires his wife to have make-up to beautify herself but she does listen and when he call her to come up to him and she keeps aloof, then the husband has a right to beat her, And if she persistently refuses to offer prayers (Namaz) on her husband’s bidding, then in such an event the divorce will be justified.

PROBLEM:- If the woman has any problem (query) to solve. She should ask her husband and if he i unable to tackle he may seek the help of some scholar, but the woman need not go to him. If he however no such arrangement is possible, then she can go to the scholar (religious) herself.

PROBLEM:- If the father of the woman is invalid and there is non to look after him, then in such a condition she can go and assist her father, even if her husband does not allow her.

RIGHTS OF THE WIFE ON HER HUSBAND.

Apart from `meher’, the provision of food, clothing and shelter and other necessities is the responsibility of her husband. He must display amiable and courteous behaviour towards her and try to keep her satisfied and please, so that she may in the like manner this maintaining a congenial atmosphere in the house. He should not resort to beating and abusing for trifle matters. The Holy Prophet (Allah’s grace and peace be upon him) has said: “Among you those are good ( and praise worthy) whose behaviour and treatment towards their consorts it of polite and gentle disposition”.

He has said that a musalman must not keep his believing woman a detested and hated (or in other words, he must not look down upon for small faults and things which are beyond her control to mind.) If she has something undesirable, surely, she must have many virtues and qualities which compensate the pitfalls. The man must not concentrate on her `faults’ alone, rather he must keep her virtues before him. so that unpleasant sentiments are not aroused against her. He must no beat his wife as one beats a slave, after he has go to her for satisfaction of her sexual urge!.

The Marriage / Wedding Ceremonies.

In a marriage / wedding now a days many kinds of ceremonies are observed in order to demonstrate their pleasure of marrying their son/daughter. The joy is natural and it should celebrated in a natural joyous manner. But unfortunately and ostentation and outward display of one’s richness, even if it is on borrowed money. Which becomes almost a life-long curse, the real spirit of thanks going and gratitude to Almighty Allah has been pushed back to a secondary position. with the result that all these occasions of festivities are devoid of Islamic solemnity and as such the pristine pure pleasure which ought to be the prize of providential benevolence is seldom seen operative behind every display of power and position on these occasions.

Almost every marriage / wedding in the sub-continent country among the Muslim, looks like of puck of rituals and ceremonies which have come down from ancestors. The tragic aspect of these weddings is that as the time passes, more and more superfluous ceremonies are added, while at the core nothing but hollow show of pleasantries dominate the seen which soon depart as the `honourable guests’ leave the wedding spot, with criticisms / objections on different scores though it is primarily for these guest alone that this burden some lavish extravaganza is staged.

Reverting to what the real issue and how far they respond to Islamic tenets the summoned version of these viccue points are given below:

Mostly the marriages are based on age long conventions with varing to fund out how far these conventional displays have religions sanction which them. At times these custom/convention touch the borders of haram and halal. But the urge and the force of age long coustoms and ceremonies is so great that these actually become the very test and trial of one’s prestige and ego that any default or shortcoming in this behalf would become source of taunts and criticism by other self worshipers.

As it is said earlier all possible effort are made to comply with minute details even at the cost of loans/borrowings etc if the money at home falls short of requirements, in spite of the fact that afterwards a long time will be taken to repay these loans. This is simply un islam causing untold hardships and miserable to all concerned. It is also a fact that no loans / borrowing could be obtained without the payment of “Interest” (sood) for which new and modern names are given. It is a dual curse that the interest can not be avoided while taxing the loans and also when paying the loans. The issue becomes more tragic when it is realized that all these impermissible liabilities have to be borne for the sake of custom/conventions/ceremonies are more of extravagant nature that the bare necessities. Which are in tune with Islamic injunctions.

Some of frivolous and uncalled for activities which are followed as essential concomitarats are listed below. Needless that most of ceremonied etc are against the Islamic tenets but people concerned seldom care to have a second thinking about it.

(1) In the list of ceremonies singing (and at times dancing) by young girls on each occasion of festivities / ceremonies. The themes of those songs are mostly romantic which seem to arouse youthful sentiments which , on occasion, become sources of unbundled overtures in these raw minds.

(2) There used to be among the upholders of conventions who hold night long singing sessions known as “Rat-Jaga” (keeping awake by night!) in which the middle aged ladies also take part and at the near-end of the night to proceed to a nearby masjid with lighted chiraghs as an omen of brightness in the coming years of the marrying couples.

(3) At places fire works and gun-shots displays are also arranged to thrill and amuse the guests and by stand.

(4) Now a days some more ceremonies have been introduced, which although in a sense, are the replied of the old customs such as Mendhi, have become occasions of show of extravaganza on both the sides costing heavily on their limited resources. What is more objectionable in such a ceremony that there is an open competition of songs and dances by young boys and girls, each forming a challenging party to outwit and outclass the other party! This gives way , at times, to express their romantic impulse into `friendship’ and later completions in family relations.

These are some of major will known ceremonies which have common features in almost the marriages / weddings in rural and urban areas. If we examine their justification as part of marry making because such occasions are to be taken as entering into a new and full of hopes brand of life and as such there ought to be the expressions of joy and festivity, but all these should be managed with a sense of moderation, and lavishness leasd to satanic impulses and acts which are manifestly haram in the Shariat.

The Dignity of Madina

THE HOLY PROPHET HAZRAT MUHAMMAD MUSTAFA (Sallalaho Alaihe Wa Sallam) has said that one who desires that he should die in Madina must always endeavor that his last breath comes in Madina, I shall supplicate for him (on the Day of Judgement). He has also said that any one who gives trouble to the people of Madina, Almighty Allah will put him in trouble, and Allah the Almighty, angels and all the people will curse him, and all his prayers and deeds will go in waste. The Holy Prophet (Allah’s grace and peace be upon him) has also said that the man who deceives the people of Madina, he will be reduced and dissolved (by way of emaciation) as salt is dissolved in water. His personality shall lose all integrity, worth etc. He has also said that the angels keep vigilance on all the pathways to Madina and the Dajjal and the plague (the must accursed disease) shall ever enter the Holy city of Madina. The Holy Prophet (Allah’s grace and peace be upon him) has prayed to Allah the Almighty that the blessing and prosperity of Madina may increase more than two fold to those of Makkah.

Respectful Presence and Homage in the Most Sacred

Darbar of the Holy Prophet
(Allah’s Peace and Grace be upon him.)

The Blessings of the visit and the loss of beneficence for negligent by pass of Madina. It is said in the Holy Quran,

(TRANSLATION:- When people wrong themselves and (O Prophet) they come to you to seek forgiveness from Allah and you also pray for their forgiveness, they will Allah as the Acceptor of repentance and the Most Merciful.)

The Holy Prophet (Allah’s peace and grace be upon him) has also said,”Any one who visit (for homage and salutation) My Grace, his supplication become, wajib (essential) on me”. He has also said that any one who performs Haj and pays homage to my grave (i.e. after my death), it is as if he paid visit to me in my life-time. He has also said that the man who performs Haj and does not pay homage (Ziarat) to me, he oppressed me.

PROBLEM:- The visit and the homage to sacred grave of the Holy Prophet (Allah’s grace and peace be upon him) has the blessings of a wajib.

PROBLEM:- Some people of perverted mentality try to disarrayed simple hearted persons from paying visit to sacred Mazar of the Holy Prophet (Allah’s grace and peace be upon him) by false frights on the way to Madina. Such threats and warnings should be discarded and spurned in the due measure. The fact is that there is no place under the sky which is more blessed and spiritually prosperous than the Madina Sharif.

ETIQUETTES OF ZIARAT.

(1) After entering the limits of Madina Sharif he must make an exclusive and most devoted Niyat of getting into the presence of Holy Shrine. The Niyat must be most submissive and attentive to only one object and that is to present oneself as a down cast slave before his most revered and honored master discarding every thing else from the mind and the heart.

(2) If it is the Farz Haj for which he has proceeded to the Holy Land, then he should first perform the Haj and thereafter go Madina Tayyeba. If however, Madina Tayyeba comes on his way to Makkah then it would be an act of distinct misfortune and exhibition of extreme hard heatedness to by pass Madina. On the other hand, he must avail of this opportunity of offering Durood-o-Salaam in the presence of the Holy Prophet (Allah’s peace and grace be upon him) and make this visit as a source of success and acceptance of Haj. If it is a Haj-e-Nafil than it permissible that he should perform the Haj and having thus achieved the blessings of the Haj, he may visit Madina Tayyeba. The other way is also is not without blessing if he first pays homage and respectful Ziarat to the Holy Prophet (Allah’s grace and peace be upon him) and then perform the Haj with greater serenity and purity of heart and mind as a reward of paying humbled attendant at Madina Munawwara before proceeding to Haj. He may do as the thinks best according his Niyat as it is the which determines the quality and sincerity of any deed. It is also said that one gets whatever is his Niyat.

(3) Throughout the way he must be more and more engrossed in reciting Durood-o-Salaam increasing the speed and repetitive offering of the Durood and verses of eulogy in the praise and excellence of the Holy Prophet Hazrat Muhammad Mustafa (Sallallaho Aliahe Wa Sallam).

(4) As the Haram-e-Madina comes nearer humility and selflessness demands that puts off the foot wear and walks bare footed to the Holy Shrine. When the Holy Qabba comes in sight the volume and intensity of Durood-o-Salaam must be at it highest and sincerest.

(5) While entering the skirt of the Most sacred city on earth Madina Munawwarah one should be inextricably engrossed in the contemplation and reflection of the Most August Personality of the Holy Prophet Hazrat Muhammad Mustafa `Sallallaho Alaihe wa Sallam. Entering the city gate, put the right foot first and recite these verses,

(TRANSLATION:- I begin in the name of Allah, whatever Almighty desired, there is no Power ety) with the entrance of Truth and make me exit with the Exit of Truth. O Allah! open for me upon him and peace) what You granted Your Friends and deliver me from the Fire (of He’ll), Forgive me and have Mercy on me O the One to Whom begins for Well being are addressed.

(6) Before entering the Holy Masjid (Nabvi), one must make himself relieved of all small necessities which are likely to detract the attention and devotion a later stage of engrossment. Wazu and miswak (still better is to have a bath) must be gone through, put on clean (preferable white dress (new one is all the more suitable for the occasion with added application of perfume corryleum.

(7) After thus having prompted oneself (with nothing external reminding itself as wanting), he must the enter the Musjid-e-Nabvi with utmost humility and devotion attention to the One who is the Mercy of the world and the Benefactor of all mankind the Most Beloved Friend of Allah Hazrat Muhammad Mustafa (Sallallaho Alaihe wa Sallam). With eyes down cast and heart filled with reflection on one’s deeds, it is most likely that tears with roll by and if one’s hard heartedness checks the flow of tears, sorrowful endeavors must be inwardly to melt the stony heart, as the tears remorse true obeisance and utmost humility and utter selflessness move the Throne of Almighty Allah and with the affection and endearment of the greatest sympathizer and benefactor of the down trodden humanity under the canopy of the sky.

(8) He must visit all the doors with Durood o Salam on the lips and in the heart while entering every door, with Bismallah as if seeking permission to enter with the eight foot as the first step.

(9) At that most auspicious moment every Musalman knows (should know) what deep reverence and respect is needed with the heart, eyes, ears, tongue, hand and foot all working in perfect unison and free from all external instructions. One should not divert his attention towards the arts and designs on the structural plane of observation.

(10) If some comes in front with whom there is other ward intimacy of conversation, but here the occasion if quite different. Except for formal salutation precious time should not he lost in talks etc.

(11) Never never should a word in harsh or loud voice be uttered within the limits of the Masjid-e-Nabvi.

(12) It must be borne in mind with the deepest of Faith and Belief that the Huzur Nabi Karim Sallallaho Alaihe wa Sallam is still alive with the same true, real, wordly and physical qualities which he possessed when he loved in this universe. His death in this world, as indeed the deaths of all apostles of Allah was nothing but momentary disappearance from the sight of the world, and that too to testify the Divine Truth that every living being has to taste of death and when that appointed moment arrives and passes they resume their life in the different sphere and in the different world which invisible from our human faculties, but they retain all their qualities, in a grander and more prefined refined form. Imam Muhammad Ibne Haaj say in his book” Mudkhal”, Imam Ahmad Qistalami in his “Mawa’hib Ladunniyah” and other in their books are of the same view viz,

(TRANSLATION:- There is no difference in the death and life of Hazrat Sallallaho Aliahe wa Sallam, in respect of his observation of his Ummah, he is aware with their condition their intentions, their determinations and their hearts (contents). All these are so manifest before that no covering can hide them.)

Speaking about the visitors paying homage (with durood-o-salam) Imam Mohaqqiq Ibnul Munsik in his “Mutawassit” and Ali Qari Maki in his interpretation thereof have said,

(TRANSLATION:- Surely the Holy Prophet (Allah’s grace and peace be upon him) is fully aware of your presence, your standing and your salam, rather he is aware of all your activities and conditions, and moving from one place to another and staying (at a certain place).

(13) After entering the Holy Masjid-e-Nabvi if it is the time of congregation of the Farz Salat is taking or has already taken place, they join the Jama’at, this will be, in itself inclusive of the Nafil Salat of Tahiyat-ul-Masjid. If the time permit and it is not makrooh time for offering Nafil prayers then two rakats of Thanks giving for the blessing of being admitted in the presence of the august and most honored personality of the Holy Prophet (Allah’s peace and grace be upon him) may be offered. The place for offering Thanksgiving (Shukrana) prayers should be as close the Mehrab of the Holy Masjid as possible.

(14) Now after this, one should proceed with respectful steps and eyes lowered in reverence and utmost humility to the eternal resting place (Mazar-e-Mubarak) of Holy Prophet (Allah’s peace and grace be upon him) from the eastern side so that you may reflecting visible that his Merciful Benevolent glance is towards you. This is the most opportune and blessed moment of your life which words and gestures in our deficient sensibility can not comprehend.

(15) If you are fortunate to have the Divine Blessing, in those auspicious moments you may place yourself at a distance of about a yard with the back to Qibla and face to the Mazar-e-Mubarak and hand locked as in namaz (Salat). Spent some moments in this position, inwardly repeating and rehearsing the Durood-o-Salam, with the lips and tongue motionless and soundless.

(16) In these auspicious moments when emotions and sentiments are almost our flowing are should not be tempted, though reverentrally, to kiss or touch the golden *** of the Mazar Aqdas. If should be kept in mind at every moment of one’s being fortunate enough to have been blessed with the Divine Favour of presenting himself at such most honored and dignified places in the Holy Lands of Makkah and Madina in a broad perspective and most especially at the most sacred and auspicious place in the proximity of the Holy Shrine at Madina Munawwarah.

(17) Keeping the eyes humbly lowered in front of the Holy and Mazar-e-Aqdas one should offer Durood-o-Salam in a modest tone by reciting,

(TRANSLATION:- Peace be on you, O Holy Prophet! and the Mercy and Blessing of Allah. Peace be on You O The Messenger of Allah. Peace be on You O the Best of The Creatures of Allah. Peace be on You O The *** of the sinners, Peace be on You and on Your Kin and on Your companions and the Ummah all together.)

(18) As long as tongue, heart, mind can endure continue reciting Durood-o-Salam, praying for forgiveness and prosperity of all concerned in the world and the Hereafter, with particular beggings for the **** by the Holy Prophet (Allah’s peace and grace be on him) beseeching,

(19) Then convey the salam on behalf of the persons who have specially requested you, this is an obligatory permitted and commanded by the Shariat.

(20) Then moving a little backward on your right hand or the west side keeping your face at the visage of Hazrat Abu Bakr Siddique (may Allah be pleased with him) offer the salutations in these words,

(TRANSLATION:- Peace be on You O the vice regent of the Apostle of Allah; Peace be on You O the Minister of the Apostle of Allah; Peace be on You O the companion of the Apostle of Allah in the Cave and the Mercy and the Blessings of Allah).

(21) Then moving back in the same way, and keeping your face towards the Caliph Hazrat Umar (may Allah be please with him) offer your salutations thus,

(TRANSLATION:- Peace be on You, O the Commander of the faithful; Peace be on you O, is The Accomplishes of the Number of *Forty. Peace be on you the Honor of Islam and all the Muslims and the Mercy and Blessing of Allah.)

(22) Then return a little to the west in between the Holy Graves of Hazrat Abu Bak’r and Hazrat Umar (may Allah be pleased with them) and offer the salutation;

(TRANSLATION:- Peace be on you both the vice regents of the Apostle of Allah, Peace be on you both O the Ministers of the Apostle of Allah; Peace be on you both O who are having (eternal) rest at the sides of the Apostle of Allah and the Mercy and Blessing of Allah. I beseech you to **** for us before the Apostle of Allah, Allah’s peace and grace on him and you and the Blessing and Peace).

(23) All these places of salutations are the venues for the acceptance of prayers (dua) in the presence of Almighty Allah and it should be the endeavour of every fortunate pilgrims to these places to offer commulative and all embracing prayers for the well being and prosperity of all concerned. The best offering’s are the presentation of Durood-o-Salam. In addition he may recite,

(TRANSLATION:- O Allah! I make you witness and Your Apostle and Abu Bakr and Umar and Your Angels who descend on this Shrine and who stay here. I make them all witness and give evidence that there is no god but You, You are Alone and there no companion to You and Muhammad Sallallaho Alaihe Wa Sallam Your Abd and Your Apostle. O Allah! I confess sins and acts of evil, Forgive me and have Favour on me as You did to Your Friends. Indeed You are does of Beneficence and the merciful Forgiven of sins. O our Lord! Grant us well being in the world and (comforts) in the Hereafter and save us from the Fire (of the He’ll).

(24) Then he offer prayers near the Holy Pulpit.

(25) Her Thereafter he should offer two rakat’s of Nafil in the “Plant bed of the** Paradise” (Jannat Ki Kiyari).

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*: Hazrat Umar was the fortieth person to accept Islam.

**:The space between the Holy Pulpit (Mimbar Sharif) and Holy Apartment of the Holy Prophet (Allah’s peace and grace be on him) or Hujrah Sharif was declared as “Jannat Ki Kiyari” by him.

(26) Even otherwise he should offer prayer at every pillar of the Holy Masjid (Masid-e-Nabvi). All these places have their own blessing.

(27) So long as one stays in Madina Munawwarah, he should not allow any single breath go waste. Every available opportunity must be used for Durood-o-Salam and prayers for all.

(28) While entering the Masjid-e-Nabvi a Niyat of Eitekaf for a stay in the Holy place should he made that he will not come out of the masjid unless some permissible excuse occurs. In faith this Niyat of Eitekaf should be made while going into any masjid, reminding that unless the who process of prayer, worship is completed he will not neither come out nor indulge in any un necessary talk/work with any one so long he stays in the masjid.

(29) It will be quite a good fortune if one gets the opportunity of staying in Madina Tayyeba in the Holy month of Ramzan, especially during the summer, the Holy Prophet (Allah’s peace and grace be him) has promised **** for a keeping fast in a hot season in the holy city of Madina and staying there for this purpose.

(30) Here every good deed is rewarded upto fifty thousand times more then at any place. Therefore the endeavour should be to spend as much time in worship, recitation of the Holy Quran, Durood Sharif etc, as is possible. Besides sadaqah and charity should also be given more in Madina Munawwarah especially among the needy and deserving.

(31) At least one full recital of the Holy Quran (all 30 Parts) should be completed during the stay in the Masjid-e-Nabvi as well as in the Hateem-e-Kaaba.

(32) To have a look (with a spirit of dignified inspiration and reverence) is in itself an act of virtue and piety, so is the case with the Holy Quran. Therefore it should be repeated as often as in possible, reciting Durood-o-Salam on each occasion.

(33) After all the Five Salat (Namaz) or at at least twice daily in the morning and every present yourself at the specified spots to offer salam in the presence of (Huzur) of the Holy Prophet, (Allah’s grace and peace be upon him).

(34) In the city or outside wherever the Tomb of the Mazar-e-Muqaddas comes to sight stay for a while facing the site and offer Durood-o-salam. To pass by the site without praying homage is an act of grave impropriety and disrespect.

(35) To abstain from the Jannat of any Farz Name is by itself undesirable and a sign of indifference to this part of worship (which promotes feeling of solidarity among fellow attendants and other besides), but to do so in the Masjide Nabvi, intentionally and frequently shows the weakness of Eiman and disregard for the holy Traditions (Ahadees) in this respect. The reward for the observance of this level (Namaz with Jamat in the Masjid-e-Nabvi) is known to Allah alone. But the Holy Prophet (Allah’s peace and grace be upon him) has said “For every one who does not a single Namaz with Jama’at in My Masjid will be granted deliverance from the Fire of He’ll (in the Hereafter) and acts of duplicity and hypocrisy (in this world).

(36) One must endeavour to offer every prayer (Namaz) within the area of the Masjid-e-Awwal which a space of about 100 by 100 in length and breadth in the life of the Holy Prophet (Allah’s grace and peace be upon him. This has now been extended many times due to the expansion of Masjid-e-Nabvi from time to time thereafter. The whole Masjid constitutes a single unit and every spot is equally holy and sacred, but still the said spot has its spiritual and reverential significance.

(37) Never keep your back at the Mazar-e-Sharif, even while offering prayers (Salat) care should be taken to avoid the back being at the site of the Mazar-e-Aqdas.

(38) It is not desirable to have a customary Tawaf of the Roza-e-Anwar, nor prostrating nor bending one’s back equal to that of rukn. The real faith and reverence lies not in the external display of respect but in faithful obedience and humble devotion to the Holy Prophet Sallallaho Alaihe Wa Sallam.

(39) The ZIARAT OF JANNAT UL BAQEE is sunnat. After the Ziarat of the Shrine of the Holy Prophet (Allah’s peace and grace be upon him), a visit to the Jannatul Baqee (graveyard) is also essential a especially on Fridays, as a mark of respect to the departed revered souls. In this famous and sacred Grave Yard are buried nearly ten thousand companions of the’ Holy Prophet (Allah’s grace and peace be upon him), besides those pious personages known as Tabe-een (those who followed or came after the Holy Prophet (Allah’s grace and peace be upon him) Taba Tabe-een (who followed the T’abe-een), holy saints, scholars and virtuous persons who are all countless in numbers. When a person enters this grave yard, be should a Niyat to pray for all departed person age buried there, saluting them thus,

(Peace be on you (all) dwelling the homes of the community of Believers.)

(You are our predecessors and if Allah The Excelled wills we shall meet you. O Allah! Forgive all the Dwellers of Baqee. O Allah! Forgive us and them.) He may recite some more rites and `dua’ if he likes,

(TRANSLATION:- O Allah! Forgive us and our parents and our teachers and our brothers and our sisters and our children and companions and our friends and him who ha right on us and him who made will for us and all the Momin men and women and all the Muslim men and women.(Amin)

He then should visit the graves of the well known personages. Among all the Dwellers of the Baqee the most dignified is Amirul Momineen Hazrat Usman (may Allah be pleased with him.) He should visit his grave and offer salutation

(TRANSLATION:- Peace be on you O Amirul Momineen, commander of the Faithful. Peace be on you, O The Third of the Righteous Caliphs, Peace be on you O the honored with two Migrations, Peace be on you O the provider of help with the wealth and the commodities, Peace be on you and May Allah reward you on behalf of his Apostle and on behalf of all Musalmans, May Allah be pleased with you and with the companions all together.

In this Graveyard are the mazars of Hazrat Ibrahim the son of the Holy Prophet (peace be upon him) and the Mazars of Ummul Momineen Hazrat Khadija and other consorts of the Holy Prophet (May the peace and grace of Allah be on him), other grand personages Hazrat Hamza, Hazrat Abbas, Hazrat Abdullah Bin Mas’ood, Hazrat Imam Hasan and Hazrat Imam Hussain, Hazrat Imam Malik and others of the companions, their followers and other Imam’s of the Deen. He should visit Mazars of all these righteous revered personages offer salutations to them and recite Fateha.

(40) He should visit Quba and offer two rakats in the Masjid-e-*Quba.

(41) He should offer homage to the Martyrs of the Battle of O’had. It is reported in the Hadees that in the beginning of every year, the Holy Prophet (may Allah’s peace and grace be on him) used to visit the mazars of the Martyrs of O’had and prayed for them; peace be on you with the reward of (your) patience and the well being in Hereafter; He should visit the Mountain of O’had. The Holy Prophet (may Allah’s peace and grace be on him) held O’had very dear and used to say we love O’had also loves us.

The Holy Prophet (may Allah’s peace and grace be on him) has said that “When you go to ohad, eat something of its trees, even if it be the thorns of `babool’. It is better that one should go to O’had on Thursday in the morning and the first thing he should do is to visit the Mazar of Sayed-ush-Shuhada (The Leader of all the Martyrs) and offer salutations. According to other reports the mazars of Hazrat Abdullah Bin Jahas and Mus’ab Bin Umair are also here. He should pay homage to them; proceeding further be would reach Quba safiyah (who was the maternal aunt of the Holy Prophet [may Allah’s peace and grace be on him]). This is the last spot of visit on the Mountain of O’had.

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*: It is said in Tirmizi that a Salat in the Masjid of Quba is equal to the Two Umrahs. He used to visit Quba every week and spoke highly by it.

Hunting of Animal

Hunting a land *animal or pointing it out for the purpose of hunting or using any other method for this, all are haram involving kaffarah in each case, even if he be in a die condition when the haram becomes halal to the extent of saving life. The kaffarah is the price of the animal hunted as given out by two different men of justice (Adil) of the place. If the price of the animal is not available at that place, then the price as ascer

*: Whether this animal is Halal in Haram, in either case the kaffarah is essential. However in respect to haram animal, the kafara is not more then a goat, even if its price be more than that of the goat. For example if the hunter kills an elephant, the wajib kaffara is only a goat.

tained at the nearest place in the vicinity. The price given out by an independent just man will also be acceptable.

PROBLEM:- By the animal of land (jungle) is meant the animal which is born in dry tract of land, even it remains in the sea/water. As such, hunting of sea-gull and the duck belonging to jungle, will necessitate kaffarah.

Similarly, by the sea or the water animal is mean the animal born in water, although at times it remains in the land.

Domestic animals such as cow, buffalo goats etc if they remain in the jungle and are seared away by the presence/sight of human beings, can not be called as animals of jungle or wild animals. Similarly if some wild animal is tamed and reared by man, it shall remain wild animal. Therefore if some one hunts a tamid deer, kaffarah will have to be paid.

PROBLEM:- If a wild animal becomes the property of or local resident or be himself catches it or gets it caught by some one else or purchased it on payment its hunting will involve kaffarah.

PROBLEM:- Hunting of a sea-animal is permissible although it at times comes and stays on land.

PROBLEM:- To offer the kaffarah for hunting the animal if he wants he may purchase goat, sheep, lamb etc, equal to the cost of the hunted animal and offer them for sacrifice in the Haram and distribute the mat among the beggars or if he desires to he may purchase grain with that price and distribute and it among the poor, keeping in mind that the quantity of grains for each recipient should be equal to the Sadaqah-e-Fitr he may keep one day’s fast and if a portion of the grain which is less than the quantity of sadaqah-e-fitr, may be given to any poor man or keep a days fast in place of the grain, even if the cost of the remaining grant falls short of a sadaqah-e-fitr.

PROBLEM:- The animal of the kaffara should be slaughtered within the Haram, any sacrifice outside the Haram will nit fulfill the requirement of the kaffarah.

PROBLEM:- If the person offering kaffara eats the meat of the slaughtered animal, he must pay the price for that meat as Ransom.

PROBLEM:- If the kaffara animal is stolen or he offer the live animal by way of kaffara as a sadaqah, then it will not be accepted and the requirements of the kaffarah will not be fulfilled. However, if the most of the slaughtered animal is stolen, the kaffarah will be deemed to be fulfilled.

PROBLEM:- If the kaffarah is wounded (seriously) but is does not die or any limb of it is cut or the hair/quail is plucked, then the less so occurring in the animal should be compensated as kaffarah equal to the cost of the loss in the animal. However, if the animal dies an account the injury, then the full cost of the animal should be paid by way of wajib kaffarah.

PROBLEM:- If the Mohrim (the pilgrim wearing Ahram) catches a wild animal (from a jungle) it should be released and kept at a place where it may take refuge or shelter. If he releasing the animal any where in the city where it is likely to be caught again, then he shall have to pay the penalty.

PROBLEM:- If two or more Muhrims jointly hunt the animal then each one of them will have offer kaffarah in full.

PROBLEM:- The locust is a land creature, killing it will necessitate kaffarah which may be only a date.

PROBLEM:- If a non muhrim (person not wearing Ahram) hunts the animal the Muhrim can eat the meat provided the latter (Muhrim) neither asked the hunter, nor indicated or helped in any way in connect with the hunting. If is also necessary that the animal should be slaughtered outside the Haram.

PROBLEM:- If a person enter the Haram with a wild animal, the commend is that it should be led off, even if it may be lodged in a cage.

PROBLEM:- The man riding a horse, or he was dragging it (while on foot) will have to pay the ransom if the animal hurts some other animal or tramples over or bites another animal (killing the latter.

PROBLEM:- If he drives away some animal which on the run (an account of fear) jumps over falls into the will, or it stumbles against some hard stone etc and dies. In all the cases he will have to pay ransom.

PROBLEM:- There is NO RANSOM in killing crows, kites wolf, scorpion, snake, rats (of any kind), biting dog, lice, mosquito, tortoise, , ,biting ant, fly, ,and all fox, ,etc. when they attack, and all the wild animal which first attack (and then kill), there is no kaffarah/ ransom for killing these creatures. Even otherwise there is no kaffarah for killing (capturing) any of the sea creatures.

TO CUT THE TREES ETC OF THE HARAM.

There is a penalty for cutting any uncultivated growth like mushroom green grass, herbs, plant tree, which no one has cultivated, sown seeds and which is still fresh (not dried and withered), not uprooted or broken (trunk, stems etc). The penalty is that the money equal to the affected growth should be spent in purchasing the food grains for distribution among the poor and the indigents each one’s share being one sadaqah-e-fitr. If the amount is not sufficient, then the sadaqah to a single person will be permissible. It is also possible that the whole amount be given to that person to whom sadaqah is intended. It is also permissible that if the money in hand to buy a sacrificing animal, it should be done like wise, slaughtering the animal in the Haram. However he can not keep fast as a penance for his guilt.

PROBLEM:- If a person uproots the plant/tree and pays the amount for it, Yet he can not use the amount for any purpose of his own, If he has sold the plant/tree the money thus obtained should be given away as sadaqah.

PROBLEM:- A dried and withered plant/tree can be uprooted and made use of (without any penance etc).

PROBLEM:- Leaves of a tree can be plucked provided no harm/loss is caused to the tree. Likewise plucking the fruits of a fruit-producing tree is permissible provided prior sanction/permission has been secured or the price of the fruit has been given to the owner.

PROBLEM:- If some person jointly cut down a tree, then the penalty shall be only one which should equally levied among the group irrespective of the fact whether some of them are Muhrim (i.e. in Ahram), some Gair Muhrim (not in Ahram) or if all are Muhrim.

PROBLEM:- To make Miswak (stem of a plaque used as tooth brush) of any tree in the Haram is not permissible.

PROBLEM:- There is no penalty if some tree/plant is uprooted while walking or by men or animal or pegging the tents, etc.

PROBLEM:- Grazing the grass by the animal as a necessity is permissible (and there is no penalty for it). But the penalty for cutting or uprooting any growth (for purposes other than grazing) the animal is the same as already mentioned in respect of trees/plant within the limits of the Haram. However, there is no restriction is plucking/uprooting the IZFAR Grass or any other withered grass which can be used for any purpose, grass fields of these particular verities can be uprooted and there is no penalty for the same.

TO KILL THE LICE.

If a person kill lice on his clothes and throws, it the kaffara in this respect is to give a piece of bread for each lice. If the lice are two or three then the kaffara is a fistful grain. For more than this, a sadaqah is to be given.

PROBLEM:- If he washes his head or clothes or spread the clothes in the sun with intentions to kill the lice, the kaffarah is the same as is for killing the lice.

PROBLEM:- The clothes were wet and the same were spread to dry, them out in the sun due to which the lice were killed although the intention was not to kill them. In the circumstances no kaffarah is necessary.

To Pass by the MEEQAT without Ahram.

If a man comes from outside the place of Meeqat and enters Mecca Moazzamah without Ahram, Even if he has no intention to perform Haj or Umrah, the Haj or Umrah becomes wajib on him. Now, he should go back to Meeqat and put on the Ahram. If he does not go to Meeqat, but puts on the Ahram in Mecca, dam becomes wajib.

PROBLEM:- If a person passes through Meeqat without Ahram, then puts on the Ahram of Umrah, then the performs Haj or Qiran, Dam becomes essential. And if he first puts on the Ahram of Haj, then puts on the Ahram of Umrah while in the Haram.

To put on another Ahram when already in Ahram.

If a persons puts on the Ahram of Haj, then again on the day or night of Arafah, he puts on the Ahram of another Haj after the head-shave (Halq), he should as usual remain in Ahram and use the second Ahram for the next year no dam is wajib and if does not have head-shave (Halq), dam becomes wajib.

PROBLEM:- He had completed all the rites (practical) performances and only Halq was remaining, to he puts on another Ahram for Umrah. In that event `dam’ becomes wajib and he also becomes sinful (guilty of breach of shariat command).

PROBLEM:- It is forbidden for the person doing Haj to put on Ahram from the 10th till the 13th of Zil Haj. If he has put on the Ahram he must break (put off) the second Ahram and offer the Qaza and the `Dam’. If he fulfill the Qaza, the Dam still remains due.

THE MOHSAR.

By MOHSAR is meant the person who puts on the Ahram for Haj or Umrah, but on account of certain reasons he could not fulfill his desire.

The reasons or circumstances which may prevent the fulfillment of desire for Haj or Umrah are as under:

(1) The enemy (2) Wild beast (3) Illness or disease which is likely to aggravate if he attempts journey which involves physical movements. (4) Breaking of hands/feet due to accidents/fall etc. (5) Imprisonment. (6) The death of husband or Mahram with whom she had to go on Haj. (7) Iddat (period of mourning by the widow (8) The loss of money (by way of travel expenses) or the animal of transport (9) The husband does not consent for Hajj-e-Nafil intended by the wife.

COMMANDS FOR THE `MOHSAR’

The main command for the Mohsar is that he can not put off the Ahram unless he after reaching Mecca he fulfill the requirement of Tawaf, Sa’ee and the Halq (head shave). If he desire to

put off Ahram before this, he must send the sacrifice (animal) to the Haram, when the sacrifice is done, the Ahram can be put off or he should the amount of sacrifice to the Haram so that the animal may be purchased and slaughtered *there. It is also necessary that he must express his desire, through the messenger whom he authorize to carry the money, that the animal should be sacrificed on so and so date and at so and so time, so that he may put off the Ahram after the passage of the time. If there is any delay, for some reason, in the sacrifice of which he comes to know later, by which time he has already put off the Ahram. In that event he must offer dam as he has come out of Ahram before the animal was slaughtered. It is however, not necessary for the Mohsar to have shaven his head (Halq) as a condition for putting off Ahram. It is better if he does so.

PROBLEM:- If the Mohsar is Mufrid (which means that he has put on the Ahram only for the Haj or the Umrah alone), he should send one animal for sacrifice. If he is Qarin he should send two animals for sacrifice. For this purpose, Haram is the only condition. No sacrifice out sided Haram is permissible there is however no time limit for the **sacrifice.

PROBLEM:- If the Qarin sent the money for 2 sacrifice (animals), but these only one animal could be purchased with that amount and accordingly the animal was slaughtered. This is not enough.

PROBLEM:- The Qarin performed Tawaf for Umrah but before the Wuqoof (of Arafat), he became `Mohsar’, he should now only one sacrifice and in place of the Haj (which he missed) he should perform on Haj and one Umrah. The other Umrah is not obligatory for him.

PROBLEM:- If the thing which prevented him to perform Haj is passed and is no more compulsive and if there is still enough time for the Haj and the sacrifice, then he should go. If per chance he does not get Haj, he should perform Umrah and come out of the Ahram. It is also better to have the sacrifice, if he gets it, for which he had earlier sent the money.

PROBLEM:- Then can be no Ahsar after the Wuqoof-e-Arafah if he is still at Mecca. But if it is beyond his capacity to perform both Tawaf and Wuqoof, in that case he will be a Mohsar. If he can do only one thing and not the both, he will not Mohsar.

PROBLEM:- When the Mohsar sends the sacrifice and comes out of Ahram. Now he want to offer Qaza then if the Ahram was only for Haj, then as Qaza he must perform one Haj and one Umrah. If the Ahram was for the Qiran, then he must do one Haj and two Umrahs, he is also authorized to offer Qaza for the Qiran, then one Umrah or perform all the three separately. If the Ahram was for only Umrah, then for Qaza for one Umrah will be necessary.

*: Here keeping fast in place of sacrifice is not allowed, even it does not the means to offer sacrifice.

**: For the sacrifice of `Ahsar’, 10th, 11th and 12th is not compulsory,, It can be done before or after these dates.

THE LOSS OR NON-ATTAINMENT OF HAJI.

One whose Haj is post, meaning thereby that does not get or the wuqoof-e-Arafat, what he should no now is that he should get his head shaven or trimming (cut short) his hair (Halq) and come out of Ahram. He can perform the Haj the next year no dam is wajib (essential) on him.

PROBLEM:- If Qarin loses his Haj, he must perform Sa’ee and Tawaf for the Umrah, again he should do Tawaf and Sa’ee as also have the Halq. In this way the dam of Qiran will be waived. He should stop reciting Labbaik immediately beginning the Tawaf on which he has already come out of Ahram. He should perform Haj the next year, There is no Qaza for Umrah which he has already performed.

PROBLEM:- The man in the class of Tomatta (Motamatta definition given earlier) brings the animal for sacrifice but the state of Tamatta becomes void (un effective) for some reason. He may do what he likes with the animal.

PROBLEM:- Umrah can not be lost as it be performed any time in the life. However, Umrah is makrooh during five days, namely from the 9th Zilhaj to 13th Zilhaj.

PROBLEM:- Tawaf is not binding on the person whose Haj is lost (Unaccomplished).

PROBLEM:- If a man loses his Haj and after doing sa’ee he does not put off the Ahram with the intention of doing the Haj the next year with the same Ahram. If he does so, his Haj will not be in order.

HAJJ-E-BADAL (HAJ BY PROXY).

There are certain conditions for Hajj-e-Badal.

(1) Hajj should be Farz (obligatory) on the man who undertakes Hajj-e-Badal on behalf of some one else (literally speaking as Hajj by Proxy), but the term Hajj-e-Badal is most common and is understood by all as such.

Explanation: If the Hajj was not Farz and he got the Hajj-e-Badal, on his behalf, then in this case the Farz-e-Hajj can not be said to he performed as Farz Hajj. If subsequently the Hajj becomes binding (Farz) on him, the Hajj already performed by proxy will not accepted or Farz haj. If he is (still) unable to perform Farz Haj, he may have, once move Haj-e-Badal on his behalf. But if he is capable to perform Haj himself he should do so.

(2) The man in whose behalf Haj-e-Badal is done should he incapable or helpless. If he is capable, he should himself perform the Haj, even he becomes incapable at a later date. But if he was capable and in a position to perform Haj before (when he should have performed Haj). Now in his state of helplessness, he can have Haj-e-Badal.

(3) The state or condition or circumstances of being in capable or help is likely to continue till his death.

Explanation: IF the cause of helplessness is removed afterwards and he becomes fit and likely to remain so to perform Haj, he should do so the previous Hajje Badal is annulled. Again the Haj-e-Badal should be for reasons which are not likely to be come normal. If however as a matter of chance (good luck) the disease or ailment becomes cured, the Haj-e-Badal already performed will be valid.

(4) The man on whose behalf Haj is under keen should have himself expressed his desire. Without his permission, Haj-e-Badal is not acceptable. However if the lawful in heritor (waris) acts performs the Haj on behalf of the , then no permission or authority is necessary.

(5) The money (for all due expenses) shall be provided by the man on whose behalf Haj is to undertaken .

(6) Only that man can perform Haj-e-Badal who has been expressly asked to do so. Haj-e-Badal by any other man is not acceptable. (However if the man nominated by the deceased refuses to go or himself does, then the Haj by another man will be permissible.

(7) The Haj-e-Badal should be performed by means of transport and not foot and the cost thereof shall be paid by man sending another man, part of journey where necessary convenience can be covered on foot, but the major part should be spent on any means of transport.

(8) The man going on Haj-e-Badal should proceed form the nature place of the sender

(9) He should put in the Ahram form MEEQAT if the donor has asked him.

(10) The Haj should be undertaken and performed with the Niyat (intent) of the sender. It is better that with the words of Labbaik he should letter the name of the man. (If he forgets the name he should declare at heart that he is doing the Haj on behalf of the man who has sent him.

All the a fore said conditions relate to the Haj and must therefore he faithfully adhered to. In case of Hajj-e-Nafil, none is binding.

PROBLEM:- Two men nominated the same man for Haj on their behalf, but he took the names of both the senders while reciting Labbaik. In this case, the Haj from neither of the two will be valid.

PROBLEM:- It is essential that the man in whom the Hajje Farz or Qaza or sunnat is due and he fears the last day of his life may come any movement (for known and unknown reasons) to make a wasiyat in this behalf.

PROBLEM:- The man on whom Haj is Farz and dies without performing the Haj nor does he make any wasiyat in this conditions, he will be deemed guilty according to the confesses of the authorities. If his successor or inheritor desires to arrange Hajj-e-Badal on behalf of the deceased. Allah in His Mercy will accept this. If however the deceased had made a wasiyat, then the Haj should be arranged with the one third of the assets left behind by the deceased, even if he had imposed any such conditions and simply stated in is wasiyat that the Haj may be arranged on his behalf or in his name.

PROBLEM:- If the one third of the assets is so much that the Haj can be undertaken from his nature place, it should be arranged likewise. Otherwise keeping the money in view some one from beyond the Meeqat should be selected form any place so that the expenses like by to he incurred may be that. If the one third of the assets can not be enough to send any man form any place beyond the Meeqat, then in that event the wasiyat becomes in operative or unpracticable.

PROBLEM:- Some one who leaves home on journey for Haj and if he dies in route to Mecca or he dies in Mecca Before Wuqoof-e-Arafah. If the Haj had become Farz in the same year, then wasiyat (for Hajj-e-Badal) is not wajib (essential). If he dies after the wuqoof, the Haj is fulfilled. If the Tawaf-e-Farz remains and he makes a wasiyat for completing this Haj, then some one should do sacrifice of BADABAH on his behalf.

PROBLEM:- However it is advisable that in the above event some such person should be sent/deputed who is himself Hujjat-ul-Islam or in other words, he has performed his own Farz Haj. If some one who has not performed Haj, the Hajje Badal will be valid. If however the man so selected has not performed his own Haj which is wajib on him, then in such a case the Haj will be Makrooh-e-Tahrimi.

SOME DETAILS OF “HADEE”.

Hadee is that animal which is taken to Haram for sacrifice. They are of three kinds (1)SHAAT, which stands for goat, sheep and lamb. (2) BAQAR, or cow and buffalo. (3) Camel. The lowest among the “Hadee” is goat, If some one makes a mannat (an avowal to be fulfilled on achieving the objective) with no specific class of animal, the sacrifice of a goat will be enough.

PROBLEM:- There is no difference between the he or she animal for the purpose of sacrifice. The command applier to both .

PROBLEM:- The conditions for the Hadee animals are the same as are laid down for other sacrificed animals. This means that the minimum age of a camel is five years, cow and buffalo two years, and goat not less than one year, while the sheep or lamb should not be less than 6 month old if it appears as if of one year (in physical). In the Hadee sacrifice of a cow/buffalo/camel seven persons can share the sacrifice just as in the case of normal animals of sacrifice.

PROBLEM:- If the Hadee animal pertains to Qiran or Tamatto, it is better if some meat is taken (eaten) by the man himself, likewise there is no objection if some meat of Hadeel is eaten while it is a Nafil sacrifice and it has reached the Haram. If the animal has not reached the Haram, then the owner can not partake of meat, it is the right of the poor and the indigent. The meat of the Hadee animal which he is permitted to eat, can also be offered to rich and well to do persons. The animal of which flesh/meat is permitted to partake can not receive any benefit form its skin.

PROBLEM:- The sacrifice of Qiran and Tamatto can not be made before the 10th of Hilhaj. And if it is done after 10th Zilhaj it will be valid, but 10th is better. It is essential that the animal should be in the Haram, Mina is not obligatory. However if it is done on the 10th, then to do so in Mina is sunnat, and after the 10th it is sunnat if the sacrifice take in Mecca. The slaughter of the Badanah animal of Mannat is not obligatory in the haram as a condition. when in the mannat no such condition was imposed before hand.

PROBLEM:- It is preferable that the meat of the Hadee (animal) is distributed among the poor and needy of the Haram. The of the camel should be given away in the charity. Nothing should be given to the butcher except by way good will gesture.

PROBLEM:- It is not permissible to ride or load on hadee animal unless it is absolutely necessary. In the later case the deficiency suffered by the animal in any way should be made good through charity to the poor.

PROBLEM:- It is not permissible to milk a hadee animal and if under some compulsion she is milked then the some (milk) should be given away or charity, and if the milk is kept, then its price should be given over to some needy person.

PROBLEM:- If the Hadee animal gives birth to a young one, then either it should be given as charity or it should be slaughtered along with the animal. Or if he sells the young one or kills it, then its price should be given away as charity. It will be permissible if with the price so received another animal of sacrifice is purchased.

PROBLEM:- If some one slaughter the animal of other person by mistake while the latter also slaughter the animal of that person, then the sacrifice, of the’ both the persons will be acceptable.

PROBLEM:- If some animal meant for sacrifice in the Haram is already to die on the way, then should be slaughtered and the rope etc on the animal should be stained with it blood together with the hump (or side way) so that some illegible person (such as rich and well to do) may not eat its flesh/meat. If the animal was by way of Nafil, then it is not obligatory to purchase another animal in its place. If it was wajib, then another wajib animal is necessary. If he suffer form some defect which does permit the rightful sacrifice, then he may what he likes with it, but he should purchase another animal if it is wajib.

PROBLEM:- If the animal has reached the Haram and is about to die, then it should be slaughtered and given over as charity among the poor, but he should not eat of it, even if it is Nafil. If the animal suffer from some minor thing an is still fit for sacrifice, it should be sacrificed and he can also eat (as a token of blessing).

Umrah

The simple from of Umrah is to wear Ahram and do Tawaf and Sa’ee and after this have the head shaven and putting off the Ahram. Ahram is the primary condition which can not he set aside or ignored, known as Shart-e-Ada (Binding/Primary condition) and shaving of head, the external or secondary condition.

Umrah is sunnat, not wajib and can be performed many times in the year which means that the whole year is the period of Umrah except on 5 days in the year, 9th Zil Haj. The Day of Arafat (Yaam-e-Arafah), 10th Zil Haj, The Day of sacrifice (Yaam-e-Nah’r) and 11th to 13th Zil Haj known as Ayyam-e-Tashriq which mean on and from 9th to 13th Zil Haj are the five days on which Umrah is not permissible.

In Umrah only Tawaf is Farz (obligatory) while Sa’ee is wajib, as well as Halq or shaving of head and Taqseer (hair cut or trimming). All the conditions of Umrah are the same as those of Hajj, except that for Umrah not time is fixed while in the Haj, all the arkan (prescribed mode) are to be performed strictly according to time schedule. The thing which renders Umrah as completely wiped off is to have intercourse (with wife) before having completed four rounds of Tawaf.

METHOD OF UMRAH:

Any one who wants to perform only the Umrah, he should put on Ahram from Meeqat or any place before Meeqat.

The Niyat (Intent) of Umrah, he should offer two rakats of Nafil with – the -intent or Niyat of Ahram and recite the dua of Ahram;

(O Allah! I intend (to perform) for Umrah, so make it easy (convenient and practicable) for me and accept this Umrah from me and I wish to observe sanctity of this (Umrah) with all sincerity (and humility) for ALLAH The Almighty and Supreme).

Another prayer is this:

( O Allah! I beseech Your Pleasure and I seek Your Refuge from Your wrath and the Fire (of He’ll).

Now he should avoid doing anything which are forbidden for a pilgrim wearing Ahram for the haj. Then he should do the Tawaf, after Tawaf, Sa’ee just in the same way as the pilgrim for Haj does; he should observe the same sanctimonious etiquettes while entering Mecca as are enjoined upon those performing Haj. After having done Tawaf and Sa’ee, he must have hair cut. Thus the Umrah is fulfilled. He can now put off the Ahram. In Umrah, while beginning the Tawaf immediately having kissed the Hajar-e-Aswad, he should cease reciting `Labbaik’.

QURAN AND TAMATT’O

There are three kinds of Haj. One is the Exclusive (with no other intentions) which in Haj terminology is known as IFRA’D while the Haji is called MUFRID. For this Haj, the Niyat after the salam is

( O Allah! I intend ( to perform) Haj so make it easy for me and accept it as from me. I have made Niyat of the Haj and have put on the Ahram with it in absolute sincerity and devotion for (the Pleasure of) Allah the Most Elevated.)

The Second kind is having intention (Niyat) solely for the Umrah. After the Niyat he should wear Ahram (for Umrah) and while in Mecca, he should wear Ahram of Haj. This is known as “Tamatt’o” and the Haji is called Motamatt’e. (literal meaning of Tamatt’o is `utilization’, gaining benefit or delight and the word Motamatt’e stands for the person who utilizes or gains benefit).

In this (second) time of Haj/Umrah the Niyat after salam is;

( O Allah! I intend doing Umrah, so make it easy for me, I have done the Niyat of Umrah and I have put on the Ahram for it with due solemnity and devotion in the Name of Allah the Most Elevated).

The Third kind of Haj is to make the Niyat of Haj and the Umrah right from the beginning and at this very spot. This is called “QIRAN” and the Haji is called the “QARAN”. In this the Niyat after the salam is ,

( O Allah! I intend (doing/performing) Umrah and the Haj, so make both easy for me and accept both from me, I have made mode Niyat for Umrah and the Haj and put on Ahram for both in due solemnity and sincerity in the Name (and for the sake) of Allah the Most Elevated.)

In both these cases, he must recite Labbaik in (audible) voice.

(Note: Persons who put on Ahram are of four categories. One who wears Ahram only for Haj, which is known as Mufrad-bil-Haj.)

The other is who puts on Ahram only for Umrah, It is know is `Mufrad-ul-Umrah’ (exclusive Umrah).

The Third is one who puts on Ahram both for Umrah and the Haj (only one Ahram for both), known as QARIN.

The fourth is he who puts on Ahram with the intention of Umrah and after Umrah makes himself Halal (without Ahram and free of any ritual obligation). But before returning home he puts on Ahram again and performs the Haj, the same year.

THE PROCEDURE FOR QIR’AN

When the pilgrim intends to do QIRAN, he must to proceed in the same way as the Mufrid does. He should make fresh Ablution or have bath and with the Niyat of Ahram, he should offer two Rakats of Nafil and after salaam (end of Nafil) he must niyat for Qiran in this way,

( O Allah! I intend doing Umrah and Hajj (both) so make them easy for me and accept them from me. I am making Niyat for Umrah and Haj and have put on the Ahram for both with due solemnity and sincerity in the Name of Allah the Most Elevated.)

and recite Labbaik with the intention of performing Umrah and Haj, he should recite `Durood’ and the `Dua’ and begin the practices of Umrah. When he reaches Mecca with the intention of Umrah, he must do Tawaf of Khana-e-Kaba seven times, as it is done by the “Mufrid”. He the must go Sa’ee between safa and Marwa. (Note: In the seven rounds of Tawaf, in the first three rounds he must also do the Ramal which is sunnat).

With the completion of Sa’ee the rituals of Umrah are over. But at this stage he should neither put off the Ahram nor have the hair cut. He must prepare himself the obligations of Haj. For this he should begin with the Tawaf-e-Qudoom and also do the sa’ee and do the other practices of the Haj as is done by the MUFRID.

PROBLEM:- If the Qarim does not possess enough money to purchase the animal (in excess of the minimum required in connection with the Haj) nor does have material assets which may fetch him money after sale there of to secure the sacrificial animal, then he must keep fasts for ten days (in lieu of the animal sacrifice) three which should be kept at that place between the first of shawwal and the 9th of Zil Haj after putting on the Ahram, especially on the 7th, 8th and 9th or before this, in any case, preferably he must complete fasting by the 9th. He may choose difference dates to his convenience, it is not obligatory that the three fasts must be kept on consecutive days. The remaining seven fasts can be kept after the period of Haj is over which means after the 13th Zil Haj. On the 13th or before this is not allowed of these seven fasts he may keep them while there or keep them at home after return form Haj, which is preferable. In any case the night for these fast should be done during the preceding night. Affirmation of Niyat is compulsory.

(Note: The sacrifice which the QARIN does in the 10th is known as Dam-e-Qiran, This sacrifice (Qurbani) is wajib. For the sacrifice the condition for the animal are the same as are prescribed for the sacrificial animals on Eidul Azha. However it is necessary that this Dam-e-Qiran must be done within the limits of Haram, preferable at Mina and after Rami. Doing Qurbani before this will demand `dam” as essential.)

PROBLEM:- If the three fast are not kept before the 9th, the keeping of fast after wards will not be enough Dam, has become essential. He release himself from further compliance he must offer dam after which he will be free. If he can not afford `dam’ either he should get his head shaven or hair cut, he can come out of the Ahram. Now two dams have become wajib.

THE PROCEDURE FOR TAMATT’O

He should put on the Ahram from Meeqat or before this place and in reaching Mecca he should have rounds of Tawaf for Umrah (Note: immediately on beginning the Tawaf and kissing the Hajar-e-Aswad, he should stop reciting `Labbaik’). Then he should do Sa’ee and after sa’ee he should have head shave or hair cut (known as Halq and Taqseer respective). Now his Umrah is completed. He should put off the Ahram, but he should stay at Mecca.

Then on 8th he should again put on the Ahram from the Masjid-e-Haram or the Haram Sharif with the Niyat of Haj like the Haji Mufrid (explained above) except the Tawaf-e-Qudoom.

PROBLEM:- When Dam is wajib on him, he should do the Halq or Taqseer on the Day of sacrifice (Yaam-e-Nah’r) after the `Rami’.

PROBLEM:- If he can not afford sacrifice, he should keep fast as is due on the Haji of Qir’an.

PROBLEM:- If the Motamatta (one doing Tamatta) has not brought the animal of sacrifice with him, he will become free after doing the Umrah. And if has brought `Hudi Mut’ah’ he shall remain with Ahram so long as does not fulfill all the processes of the Haj.

PROBLEM:- The difference between the person who brings the animal of sacrifice and the one who does not bring the animal is that if he did not bring the animal and puts off Ahram after doing Umrah and again he puts on Ahram for Haj than if there is any Janayat the penalty is like the Mufrid and if the Ahram of Umrah was on, the penalty is like that of the Qarin. And if he has brought the animal, then the penalty in any case is like that of Qarin.

PROBLEM:- If the person doing “Tamatt’o” renders his Haj and Umrah invalid (spoils their sanctity) then he has compensate them by offering (performing) the Qaza (by repeating them) and pay the penalty for by giving dam, but the sacrifice of Tamatt’o is not due against him.

Things which are Haram in Ahram.

(1) Sexual intercourse with a woman (wife) (2) Kissing (3) Touching he body (4) embracing or hugging her (5) behaving like her (6) describing the woman (wife) in front of other women (to excite passion) (7) obscenity (8) committing act of indecency or sin (9) involving in worldly embroilment (10) hunting in the jungle (11) to point and to some one else at the animal of hunting (12) or suggest this in other way (13) to supply gun, bullet, knife to some one to slaughter the animal (14) to break the eggs of the bird (15) to pluck the quill of the bird (16) to milk the animal (17) to cook the meat (18) or the egg of animal (19) roasting (20) selling (21) purchasing (22) eating (23) clipping of one own nail or of others (24) cutting any hair from head to foot (25) to cover face (26) head with any cloth (Note:covering of face by a woman is permissible, rather it is obligatory to cover the face in the namaz and before any stranger (na’mahrum). However covering face is also haram for a woman, but he should some thing like hand fan on her face before a stranger.) (27) placing the bundle of cloth on the head by men (the woman can) (28) to wear turban (amama) (29) wearing veil (30) hand gloves (31) socks which cover the middle of the sole. If the foot wear (boot/shoe) is not there to the cut the sock wear all these foot – things is not allowed (32) to put on stitched cloth. To use perfume for (33) hair (34) body (35) clothes (36) To wear newly coloured clothes when the smell is coming one due to dampness (37) pure smelling musk, amber, saffron, javitri (mace), clove, cardemoms (Ilaichi, cinnamon (darchini), dry ginger (zan jabeel) (38) To tie any wet smelling thing with any corner of the head cover (dopatta) such as musk, ambar, wasma or mifrtle (mehndi or henna), saffron to wash hair with some highly incensed thing to kill the lice (39) To use hair dye (40) To set the hair with any sticky substance like gum (41) to use olive or til oil even they be non smelling (42) to shave some one’s head (even if he be without Ahram (43) to kill lice, throw it or ask some one to do it (44) to wash clothes in order to kill the lice (45) to spread the cloth in the sun (46) to use mercury in the hair. All the things /activities are earned on to kill the lice, or destroy them.

These things are MAKROOH in Ahram.

(1) To remove the dirt from the body (2) to wash the body or hair with the non smelling soap or oil cake (3) Tom comb the hair (4) to scratch (to remove the itch) in such a way which my pull off the hair (5) To put shirt etc on the shoulders (instead of wearing) while moving out (6) To put on the clothes which have been exposed to smelling smoke (dhooni) which still retain the smell (7) to smell the saint or perfume intently even the sweet smelling fruit or leaf is also makrooh such as lemon, orange, mint leaves (podina) (8) to sit in the shop of perfume seller to have the perfume etc intentionally (9) to tie a strap of cloth on the head and (10) on the mouth (11) to put the head or the face in the Ghilafe Kaaba in such a manner that it touches the body which is forbidden in the Shariat (12) To cover the nose or any part of the face with the cloth (13) to eat or drink anything which contain smell of any sort, which has neither been cooked nor washed is remove the smell (14) to wear a cloth which is stitched, darned or has a patching (15) to lie up side down with a pillow over the face (16) to touch the fragrance/smell by hand which does not soil the hand, (when it soils the hand) it becomes haram (prohibited) (17) to put on amulet (Taweez) on the neck or the upper arm, even if it is stitched in a piece of cloth (18) to tie a piece of cloth on any part of the body when it is not necessary due to any excuse or necessity (19) make-up or any kind of adoration (20) to tie a knot in the corner of the head cover (do patta) in such a way the head remains open (otherwise it is haram) (21) to tie both the ends of the tahband (long cloth used to cover the lower half of the body) with a know or make it tight with a piece of rope or Kamar-bund used in shalwar or pajama .

PROBLEM:- Things which are not permissible in Ahram if committed or breached unintentionally would not amount to sinning, but they would entail penalty which has to be paid whether the error is willful or unintentional or forced by some one or it may occur during sleep.

Commission of unlawful acts and the penalty thereunder

PROBLEM:- If any unlawful act is committed without any excuse, they kaffara (penance) will be necessary and he will be deemed a sinner, in which case he must offer repentance (taubah), only paying kaffara is not enough. On any even the compensatory penance is essential whether the commission of unlawful act is intentional or by mistake (unintentional) he is aware of the commitment or he is ignorant, willingly or forced by some one else, while awake or during sleep, under the influence of some intoxicant or in full senses, he has himself committed the fault or at the behest or command of some one else. In any case compensation/penance is obligatory.

Note (Warning): In this context wherever the word DAM (sacrifice of an animal by way of penance/penalty) is used, it stands for a goat or a sheep and the word BADANA is used for a camel or a cow all these animals shall be of the same description and bearing the same conditions as are prescribed for the sacrifice or Qurbani. The word SADAQAH in this context mean half of saa of wheat or one saa of barley or date palm (fruit) or a price thereof.

PROBLEM:- Where there is a command for `Dam’ and the fault has been committed under *duress, it is permissible that instead of `Dam’ he may offer SADAQAH to six indigent (miskeen) people with a SADAQAH for each or feed six miskeen two times each to their satisfaction or himself keep fast for three days. And for the fault only Sadaqah is demanded and the act has been forced on him he should keep for one day to fulfill requirement of the Sadaqah.

PROBLEM:- Where there is one DAM or one SADAQAH (on Mufrid) on `Qirbani” these are two

PROBLEM:- In the event of sacrifice by way of thanksgiving (Shukrana) he may himself eat it or feed any well to do person (besides Kith and Kin), but in the case of Sadaqah the whole lot should go to the poor and the **indigent.

To use oil or perfume

PROBLEM:- If the perfume is of good quantity with the people declare as such, whether it applied on a small part or a big one, e.g. head, face, thigh, calf, a shin in small or enough quantity,

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*: Under duress force or compulsion mean due to (unbearable) sickness, intense heat or cold, injury, wound, or (incessant) biting of the bee.

**: To give all to Sadaqah to one Miskeen is not correct, the condition is that it should be given to different miskeens preferably of the Haram Sharif.

in either case DAM is essential. However if the perfume is of a small quantity or on a small portion of the limb, in that case only Sadaqah in necessary.

PROBLEM:- The quantum of perfume sprinted on the person or the bed would determine whether dam is necessary or a sadaqah is enough, if the quantity is enough, then Dam and it the quantity is normally small, then sadaqah will next the demand of penance.

PROBLEM:- To small a fruit or a flower does not entail a compensation (kaffara), but it is makrooh for the person who is in Ahram.

PROBLEM:- The perfume was used before wearing Ahram but after the Ahram it spread on other parts, than in this case there is no kaffarah.

PROBLEM:- Using a fragrance collgrium (surma) once or twice would need a sadaqah, more than this, the dam is necessary. The collgrium which has no smell (fragrance) is permissible in the case of a necessity, without necessity or as a fashion it is makrooh.

PROBLEM:- To eat things of natural Smell such as musk, saffron, clove, condomon and in a quantity that it spreads on other parts of the mouth, in this case DAM is essential, otherwise Sadaqah.

PROBLEM:- When any perfume is mixed up with the water, then if the fragrance is dominant or if the water was taken thrice or more times, Dam is obligatory otherwise sadaqah id enough.

PROBLEM:- Those addicted to chew befell leaf (Pan) should avoid using Pan within the Haram, because the leaf is itself smelly and other subsistence such as musk etc more it highly smelling.

PROBLEM:- To take khamira (thick syrup) of Tobacco ordinarily should not be taken because there is smell in it, there is no kaffara, however, if it is taken.

PROBLEM:- Using the oil of Jasmine (roghan-e-chambeli) has the same conditions as are applicable to using fragrance a high smelling saints etc.

PROBLEM:- The oils of `til’ (oil of sesamum) or olive belong to categories of fragrance, However if there is no smell in them, then in taking or apply them on wounds a pouring in nostril a ears no sadaqah is called for.

PROBLEM:- Musk Amber, Saffron etc are by themselves things of fragrance, to use them in their natural form would entail kaffarah, even if they are used as medicines.

PROBLEM:- When the musk etc is mixed with other no smelling substances would need examining the quantum of fragrance left in the mixture. On that rests the question of penance or otherwise in this case.

PROBLEM:- Using of perfumes is an offense, it is thus necessary to remove the perfume from the person and the clothes. If after kaffarah it is not removed, then Dam will become compulsory.

To use stitched clothes:

If the Mohrim (the man with Ahram) uses a stitched continuously for four pahars or twelve hours (a pahar normally stands for three hours), then Dam is wajib, and if less than their a sadaqah will suffree. If he sues the stitched clothes continuous for a number of days even then the Dam will be wajib provided this continuous usage in for the same way which with some excuse or without excuse and if one day it is on account of some excuse (sickness) and next day without excuse a just the reverse, then two times kaffara will be wajib.

PROBLEM:- If the man suffers from intermittent fever, He puts the dress on the day of fever and puts at off the next day, the third day he again puts on the dress, now till such time the fever does not subside the fault of shall be deemed only one.

PROBLEM:- If he puts on the stitched clothes and paid the penalty but does not remove the stitched cloth, then again the kaffara becomes due. Similarly, if he does not remove the stitched clothes while putting on the Ahram, then this becomes faults.

PROBLEM:- If one mohrim (one who wear Ahram) clothes another mohrim with stitched clothes or a clothes having some kind of fragrance then the fault shall be on the mohrim who put on forbidden cloth and not on the man who makes him wear the faulty clothes.

PROBLEM:- If the man or the woman one fourth of the tikli (a kind of ornament) or whole, puts beside his mouth or if the man covers the entire head or only one fourth of it and keeps in thus then this hiding of tikli a head is a fault requiring Dam and hiding less than this then sadaqah to due or he hides less than one fourth past for nearly twelve hours, then sadaqah is due for less than this there is no kaffara, but it is a sins.

PROBLEM:- If the Mohrim (man in Ahram) puts a bundle of cloths on his head, then kafara is due. But if he puts the bundle bag of corn, a pluck of wood or some metal vessel, there is no kaffara in the latter case. And he covers his head will wet clay, then there is kaffara .

PROBLEM:- To cover the ears and the adjoining area in not to be penalized, similarly there is no harm in putting the hand over the nose. If there is a cloth in the hand and in this condition if the hand is put on the nose, here also there is no kaffara but it is makrooh and an act of sin.

PROBLEM:- To put on the clothes means wearing them in the habitual way, each piece at its proper place like Qameez, Shalwar etc. If some one simply puts on the normal clothes, e.g. Shirt at the foot or Shalwar for Qameez, then there in no kaffara in doing so.

PROBLEM:- to cover the entire neck and one whole armpit demands dam and in less than this, there is sadaqah is the compensation. Same applies in part below abdomen. If both the arm pits are covered, the penalty is one dam for both together.

PROBLEM:- To remove by any means one fourth of hair of head or beard a move, calls for a dam.

PROBLEM:- To shave/cut the moustache full a less the atonement sadaqah.

PROBLEM:- While cooking bread (etc) if some hairs get burn, sadaqah is the compensation, similarly while making ablution or in scratching some hair fall of sadaqah should be offered. Some say that if two or three hairs fall down then for each hair on fist full of grain, one piece of bread or one dry date is the sadaqah.

PROBLEM:- If some hairs falls without touching by hand or the hairs of the whole head fall away, there is no penalty for this no sadaqah or dam.

PROBLEM:- If the woman cuts her one third hair of head or the entire head trims with scissors, she must offer dam and for less there is sadaqah.

Clipping of nail:

If a person clip the five nails of a hand or foot or all the twenty nails at one time, then dam should be given. If he does not clip all the five nails, then for each nail sadaqah, similarly for each hand and foot only four nails are clipped, then the total number of sadaqah required will be 4 by 4=16 sadaqahs. But if the total cost of all these sadaqah becomes equal to one dam at slightly less. If the five nails of one hand or one foot are clipped in one sitting, and all the five nails of the other hand or foot are clipped in another sitting, the two dams for each sitting have to be given and if he clips nails of each hand and foot in four different sitting, then four dams shall be necessary.

Kissing and embarrassing:

To indulge in kissing and embarrassing and touching a woman body under sexual impulse will demand one dam, even when there is no discharge and such an act takes place without sexual impulse, then there is penalty. These act may take place either with a or a man, for both the command (of Staual) is the same.

PROBLEM:- If these acts by the man also excite the passion of the woman, then she too will have to give the dam.

PROBLEM:- To look at the private part of a woman is nothing even if he gets discharge, even to look at her shame repeatedly, even then there is no penalty.

PROBLEM:- If there is a discharge while doing masturbation (hand practice) then a dam is called for, otherwise the act is makrooh, for night discharge of wet dream there is no penalty.

PROBLEM:- If a person commits sexual intercourse before the wuqoof, then the whole Haj will become lost and destroyed. For this act he must offer dam as in the Haj. He must perform Qaza Haj in the very next year. If the woman also was in Ahram, then she too should do like these.

PROBLEM:- If he commits intercourse after the Wuqoof-e-Arafah, the Haj in that case will not be invalid, but if he has done it before the head shave (Halq) and Tawaf, then he must offer BADANAH, if he does this after the head shave then he should offer dam, here also BADANAH is preferable. If he commits this after the Halq (shaving of head) and Tawaf, then there is penance.

PROBLEM:- If he commits intercourse before the initial four compulsory rounds of Tawaf, then Umrah will be lost. He should offer dam and the Qaza of Umrah. If he does intercourse after the four rounds of Tawaf, then Umrah will remain valid, but he should offer dam.

PROBLEM:- Sexual intercourse does not render Ahram invalid, and whatever is unlawful for a Mohrim (man in Ahram) is also unlawful even now.

LAPSES (ERRORS) IN TAWAF.

The four compulsory Farz-e-Tawaf, if a person does this number or more (Tawaf) while in a state of sexual uncleanliness or menstruation (menses) or Nifa’s (unclean state after child birth), then BADANAH is wajib and on getting clean (after bath) he or she must repeat the Farz-e-Tawaf. If he/she fulfills at the required rituals (of Haj) by the 12th of Zilhaj, then BADANAH shall be withdrawn but Dam will remain binding.

PROBLEM:- If he does Farz-e-Tawaf without wazu (ablution), then dam is compulsory and to repeat it is Musthab and on the Tawaf being repeated, even by the 12th, the dam will lapse.

PROBLEM:- If some one does three rounds of Tawaf or less without wazu or bath, then for every round of Tawaf a sadaqah should be given.

PROBLEM:- When Tawaf-e-Farz, the whole or greater part of it is done without lawful excuse on the riding animal, or in some lap or by dragging (legs having become motionless or in pain) or in a state of bare headness (woman) appearing any part the shame parts (man), or did the tawaf in the reverse order or passed through inside the heteem during tawaf or did it after the 12th zilhaj then in all these cases `Dam’ id essential. If he repeats the tawaf correctly then Dam shall not remain binding. If the man returns home (native country) without repeating /regularizing the error, then he must the price of a goat should be remitted to Mecca so that the Dam may be given, there is no need for him to go back to Mecca for the same.

PROBLEM:- If the man returns home after doing four rounds of Farz-e-Tawaf, or in other wards 3 or 2 or 1 round was left, then in that even dam will be wajib. If he himself does not come back and sends the money then the dam will not he compulsory.

PROBLEM:- Instead of the Farz-e-Tawaf, some other tawaf in full or in part is done without purity (wazu or bath), then if he has done the full or greater part of tawaf in a state of sexual uncleanliness then dam should be given and if did the tawaf without the wazu (when only wazu was necessary) then sadaqah should be given. If he does three or less rounds of tawaf in a condition of janabat (sexual impurity) then for each round a sadaqah is necessary, if he must repeat every affected part, in that event the kaffarah shall stand with dam.

PROBLEM:- If he does the entire Farz-e-Tawaf or a greater part of it (without any lawful reason) in the carrier animal or in some one’s lap or by crawling (instead of walking on foot in the natural way) or the violation of commands for covering the forbidden part (limbs) or passed from within the Hateem or performed the Tawaf after the 12th Zil haj, then in all these cases a dam is necessary, but if he repeats the Tawaf in full and in correct manner then the dam shall stand withdrawn. However if he returns home without rectifying the lapses by repeating the tawaf, then he should send the cost price of a goat (in money) as recompense so that the animal may be sacrificed in the Haram. In that case he will not have to return (to Mecca) for repeating and rectifying the lapses in Farz Tawaf.

PROBLEM:- If he goes away only after doing the tawaf leaving 3 or 2 or 1 round uncompleted, then Dam becomes wajib (essential). It is enough if he only sends the money for the animal (of dam) which means that his personal visit again is not binding.

PROBLEM:- If he performs any tawaf (other then the Farz Tawaf) in full or a greater part of it in a state of sexual impurity, then a dam is necessary or he does so without wazu (ablution) then only sadaqah is enough. Or if he does 3 rounds or less in a state of sexual impurity, then for each round, one sadaqah is be given. If he stays in Mecca Moazzama, he should repeat the Tawaf in full and correctly, in that event no compensation (Kaffara) will be necessary.

PROBLEM:- If he fails to do the full Tawaf-e-Rukhsal (widai or farewell Tawaf) or a greater part of it, then dam is essential or if he leaves less than four rounds, then for each round, a sadaqah will have to be given. If he leaves Tawaf-e-Qudoom all together, then it will be reckoned as act of sin (no kaffara can redeem it). If he leaves even one round of Tawaf-e-Umrah, then dam is necessary. If he does not do the Tawaf-e-Umrah or a greater part of it, then he must do the Tawaf-e-Umrah again, kaffara is not necessary.

PROBLEM:- If the QARIN (a class of Hajis already defined earlier) performs the Tawaf-e-Qudoom and Tawaf-e-Umrah, both without wazu, he should repeat the Tawaf-e-Umrah before the 10th of Zil Haj. If he does not do so till the break of the morning of the 10th Zil Haj, he will have to give dam and in Tawaf-e-Farz, he will have to perform RAMAL and SA’EE.

PROBLEM:- In unclean/impure (Najis) clothes, the Tawaf is makrooh, no kaffara is to be paid.

ERRORS IN SA’EE.

If the man leaves four or more rounds of Sa’ee or he completes the sa’ee on any carrier, without lawful excuse, he must give dam to make the Haj complete. If he leaves less than four rounds of sa’ee, he should offer sadaqah for each round not undertaken. If he repeats the sa’ee in full correctly, then the dam and the sadaqah shall be forgiven. This is good for all acts of wajib which are not fulfilled under lawful excuses.

PROBLEM:- If he does the sa’ee before the Tawaf and does not repeat and rectify Tawaf and Sa’ee in a fresh attempt, then Dam is essential.

PROBLEM:- If he does Tawaf and Sa’ee in a state of sexual impurity or without wazu, in that event doing Sa’ee again is not necessary.

PROBLEM:- For Sa’ee it is not necessary that it should done only when it is the time of Haj or that it should be done only with Ahram. Sa’ee can be done at any time it is will be lawful.

ERRORS IN WUQOOF.

If any one leaving Arafat before the sun-set, will have to give dam, but if he returns to Arafat when the sun has not gone down, the dam is stands withdrawn. And if he returns to Arafat after the sun set, the kaffara of dam will stand. He should also leave Arafat, willingly or under circumstances beyond control, for example, the camel on whose back he was sitting while in Wuqoof runs away from Arafat. In either case, dam is necessary.

WOQOOF AT MUZDALFAH.

If he does not do wuqoof at the MUZDALFA on the morning of 10th of Zil Haj, without any lawful excuse, he should give dam. However the man of weak health or a woman can leave wuqoof for fear of rush. In that case no penalty is to be imposed.

ERROR IN RAMI.

(A) In the event of the following short comings in connection with `Rami’, Dam is to be given.

i) No Rami is done on any day.

ii) On some day no Rami is done or done only partially leaving the great part.

iii) On the 10th zilhaj he struck only 3 stone and left the remaining ones.

iv) On the 11th he struck 10 stones leaving the rest.

(B) In the following cases when only partial `Rami’ is done for each stone piece not struck, there is sadaqah, subject to the condition that if the total amount equals to the price of a `dam’ the balance in the amount of sadaqah or sadaqahs should be left.

In this sub-claim B’ the errors in Rami are as under:

(a) On any day, he leaves less than half the number prescribed for Rami, for example on the 10th he strikes 4 stones pieces and leave 3.

(b) He strikes only 11 stones (in all) and leaves 10 stones (in all).

In the aforesaid circumstances (as already mentioned) for each stone piece not struck, a sadaqah is due, provided the total amount of sadaqahs does not exceed the cost of a dam.

ERROR IN SACRIFICE (Qaurbani) and HALQ (shaving of head).

If the QARIN and MOTAMMATTA (classes of pilgrims performing Haj) offer sacrifice before Rami, he must offer Dam.

PROBLEM:- When he does not have a head-shave (halq) in the limits of Haram, but he does so outside its limits or the does so after the 12th zilhaj or before the Rami, or the QARIN and MOTAMATTA do so before the sacrifice, on all these cases, dam has to be given.

PROBLEM:- The Halq of Umrah should also be in the limits of Haram. If this Halq also is done outside the limits of Haram. In both these cases dam is necessary, but there is time limit fixed for this.

PROBLEM:- If the pilgrim performing Haj has his head shave (halq) outside the Haram, he will have to offer two dam, one for having the halq outside the Haram and the other for doing this after the 12th Zilhaj.

The Hajj

After entering into the Islamic Fold or community by accepting the Faith (Eiman) as heart and pronouncing the said Faith through verbal declaration Four Fundamental modes of worship (Ibadat) become obligatory in every Muslim.

These are:

The Salaat or Namaz
Sayam (Fasting)
Zakaat (Poor-rate)
Hajj (Pilgrimage) to Holy Lord of Makkah and Madinah.

The Performance of Haj begins with the observance of the prescribed process laid down in this behalf in letters and spirit the very first essential part is to enter the Holy Land of Makkah by wearing the Ahram (Un stitched) long piece of cloth (preferably cotton) form the fixed places and on entering the inner limits of Khana-e-Kaaba (also known as Haram Sharif) the intending pilgrim (Haji) must go (at least seven times) round the Holy Kaaba, known as Tawaf (literal meaning is going round and round) followed by the normal paced running up and down between the famous hillocks of Safa and Merwa (or Sa’ee) with these initial rituals being fulfilled the Hajis make a compulsory stop over and stay at the Maidan-e-Arafat (near Mecca). This is the most obligatory part and procedure of the Hajj. Further details of these and other rituals and ceremonies shall be declare in the following. The Deseriptim, so far only constitutes the introduce to the great and more elaborate procedures and processes of Hajj.

As soon as a person becomes eligible for Hajj, it becomes obligatory for him to undertake this pilgrimage at the first available opportunity. A delay in the connection will amount to commit a run and if he fails to discharge this obligator continuously for years, he will be deemed a sinner (and liable to punishment) in the eyes of Allah and his evidence will not be worth reliance. However there is no Qaza (compensating an obligation -Farz- at a later date) at whatever time he performs Hajj it will be adjudged as having been performed in time (Ada).

Time for Hajj

The time for Hajj is from the month of shawwal (10th month of Hijri calender)till the 10th of Zil Hajj (the 12th and the last month of Hijri calendar). Before shawwal and after 10th Zil Hajj the Hajj is not permissible except Ahram which can be performed before this, but this is makrooh.

Conditions for Hajj

There are eight (8) conditions for the Hajj which must be all present at the time of performing Hajj to make the Hajj, Farz (obligatory). These conditions are:

To be a Musalman.
If he is residing in Darul Harb (literally it means a city or place which is at war with Islam. In general ENNOTAHAN it stands for any un-islamic country) and it should affirmed that the obligation of Hajj is declared as such for the residents of that place.
To be major in age(Baligh).
Possessing normal sensibility (Aqal). Note Hajj is not Farz on a person who is mentally deranged.
To be independent or Free (not a slave)
In good health to go to the Hajj and perform various rites etc with fortitude. NOTE: Hajj is not obligatory on a handicapped person, a blind and one whose legs have been WIMPUTED, or one who is so old and DECEXPIT who is unable to sit a right on a carriage of riding animal.

PROBLEM:-Formally a person was normal and eligible in all respects, but did not perform Hajj, now he becomes handicapped and can not go to the Hajj, he is now exempt from the Hajj, however, he can sent some one for Hajj-e-Badal (doing Hajj on his behalf, This will give him the reward (sawab) for the Hajj and the man doing Hajj on behalf will also be rewarded).

He should possess enough resources and be capable to BEAR THE TO AND FOR expenses of Hajj (it means that before proceeding for Hajj he should leave sufficient money for the household expenses in his absence after meeting all expenses such as travel ,transport, stay at the Holy Places etc ; this means the money/resources left at home should SUFFREE the expenses for a moderate clan of family, which he used to support and eater for the needs of his own family and those dependent on him for their essential necessities, known as Hajjat-e-Asliyah which includes the living accommodation clothes of normal use, servants, riding animals, vocational implements, cooking and eating material, borrowings or dues such as loan or dowry.

PROBLEM:-If the means of livelihood and maintenance of the family of the intending pilgrim depend upon the trade/business run by him, then he must leave such quantity of financial security which would not only meet the demands of the family during his absence but would also enable him to resume business/trade with that money, without disturbing the normal affairs of the family. On in this case, Hajj shall be farz (teller of the soil), then offer meeting all essential expenses of the Hajj, beginning with his departure from and arrival back to his house, he must have sufficient amount kept at home to bear the expenses of the implements purchase of seeds etc on his return; only then the Hajj shall be binding of that intending pilgrim.

Time: Hajj shall become obligatory at such at time if before proceeding for Hajj he possesses such amount of money that will cover his expenses up to Mecca Moazzama and back to be there at the time of Hajj.

PROBLEM:-For a lady traveler for Hajj if the time distance is of 3 days or more then she must be accompanied by a *Mahram,
whether she may be young or old, if the woman travels without any Mahram, she will be committing an act against the law of the Shariat, but if she performs the Hajj without Mahram, the Hajj will be an order and the Farz will be fulfilled.

*Mahram: the man with whom the marriage of the woman is prohibited (Haram) for ever, whether it may be on account of family line age (such as father, son, uncle, brother) or an account of foster age (Raza’at like foster brother, foster father, foster son) P.T.O.

PROCEDURE OF HAJJ

On entering the Holy Land of Mecca and on coming near the *MEEQAT, the intending pilgrim should perform Wazu (ablution) and Ghus’l (Bath), apply perfume and put on the**Ahram, offer two rakats of Nafil with the intent (Niyat) of Ahram and after this recited this prayer.

TRANSLATION:- O Allah! I desire to (perform) Hajj, so make it easy for me and accept it from me; I have made intent (Niyat) for the Hajj and have put on Ahram specially for Almighty Allah.

After this he must recite “Lab’baik in a loud voice (at least three times at a stretch). The full Text of Lab’baik is this

TRANSLATION:-

After reciting Lab’baik, he should recite Durood Shareef and read this prayer (Dua’)

TRANSLATION:-“O Allah! I beseech Your Pleasure and the Paradise; and I seek Your Refuge from Your Wrath and the Fire (of Hell).”

—————————————————————-

or it may be on account of relation based on in-law ties (Susrali) like father in law, son of the husband etc).

*Meeqat:Meeqat is the place from where no person preceding to Mecca Sharif should go without `Ahram’. These are five different places in the vicinity of Haram Sharif (Holy Kaba). For persons of the sub-continent of traveling by sea is YALAMOLAM beside the mountain.This place comes through Kamraan and enter the ocean. When the Port Jeddah comes within two or three mile posts (Manzil), the crew of the ship shout loudly informing the people to put on the Ahram.

**Ahram:Unstitched long piece of cloth, popularly known as `Tahband’ or `Tahmad’ (long single piece of cloth worn round the waist, mostly by men folk) and another piece of cloth of Chadar. The Tahband should be worn in the normal way, while the chadar should be placed in such a way that it covers both the shoulders, the back and the chest completely.

PROBLEM:-While in a state of Ahram it is not permissible that one wears a stitched cloth.(NOTE:This ends the foot note of the page and carrier over as above. Other points of mentioned as foot note on the page no.178 of the Book have been incorporate in the running text, resumed here below)

Then moving forward he should recite Lab’baik loudly at least thrice at a time on each occasion when he recites ‘Lab’baik. The rehearsal of Lab’baik should be repeated at every turn of movement while offering prayer or changing states, almost incessantly while engaged or disengaged in religious activities. In broad outlines, these occasions are: except from while making Tawaf round the Holy Kaaba, the invocation of Lab’baik should continued countlessly tell the rite of `Rami Jumra’ (stoning the devil satan), especially on climbing and coming down the hills (or other elevated places of movements in the Mecca Sharif), meeting of two caravans morning and evening. Last part of the night and after each of the five compulsory prayers; in short at every turn of events or movements in prayers, with or without ablution. Men talk should recite Lab’baik in a loud voice, but not so loud so as to disturb others, while the women should recite the `Labbaik’ in a soft voice.

This is the state of Ahram; one should avoid doing or committing a things which are forbidden during the state of Ahram. All around Mecca Sharif for many miles there are forests in which shrubs, plants and trees grow, there are tracts green grass in scattered spaces which are separated from one another by boundary walls. Within these bounded tracks it is forbidden to pluck green grass, cut down the mushroom grown trees or plants to tease the wild animals grazing or living there. All this is haram. The safety and regard for the animals of the Haram Sharif is that if a gazelle, commonly known as deer be sitting under the shade of tree for rest while there is unfenced hot and sun shine around, it is forbidden to drive away the animal simply to take its place for shade and comfort. If some one brings a wild animal within the limits of the Haram Sharif, the same becomes sacred and it should be freed at once. There are many untamed or wild pigeons in Mecca Moazzama. These pigeons are also found living in domestic places, at times scattering their refuse on the ground floor of the house. Whatever their movements in and around the dwelling places, but its absolute forbidden to tease the a drive away these pigeons. Some people coming from nearby places do not have the affection for these pigeons. This is undesirable, these poor creatures should be left to themselves, they should not be teased or harassed out of ignorance or dislike. It is worth considering that when the wild animals of Mecca Mokarrama are given so much regard the worth are status of human life and honor can be very well realized. All these things which have been described here are not exclusive while one in a state of Ahram; on the other these are general ever lasting principle applicable in all conditions whether a persons is with Ahram or otherwise.

Coming back to our main topic of Hajj when a person has gone on this extremely sacred mission. When the intending pilgrim comes near the Haram Sharif, he should proceed with due reverence and respect, head bowed down and eyes fixed on the ground, which are the outward signs of humanity and devotion. It is still more humble and respectful if the persons walks barefoot, repeating the `Labbaik’and the one as much as possible. When he approaches the Haram Sharif and his eyes fall on the Mecca Moazzama (Khana Kaaba) he should pause for a while; he should recite the following `Dua’ at the first sight of the Holy Kaba.

TRANSLATION:- O Allah! grant me comfort by (the blessing of) this, (The Sacred House of Kaaba) and grant me subsistence and pure and clean livelihood in this (Holy Place).

The Durood Sharif should also be recited as much as possible. It is preferable that the man should enter the city after washing and purifying himself with a bath and when he entered the Jammat-ul-Mualla he should pray for the departed souls who are buried these. After this, when he begins to enter the Mecca Sharif he should recites this dua;

TRANSLATION:- O Allah! You are my Lord sustainer and I am Your slave

After going a little further ahead when he reaches Mud’aa he should stop here and after waiting a little here, he should pray with utmost humility and solemnity for the welfare and prosperity for himself, his Kith and kin, friends and all the muslim ummah, the dua should also include Divine mercy for forgiveness of sins and admittance in the Paradise without accountability on the Day of Judgement. This is the moment of acceptance of prayers in the Presence of Allah the Almighty. Recitation of Durood Sharif as much as he can, is very effective at this place and on this occasion, he must repeat “Allaho Akbar” and `La ila ha Ill llah’ three times each and recite the following prayer (in Arabic)

TRANSLATION:-“O Allah! Grant us beneficence in this world and in the Hereafter and protect us form the punishment of the Fire (of Hell). O Allah! I beseech You of the welfare which Your Prophet Muhammad (Sallalla ho Alaihe wa Sallam) besought of You; and I seek You Refuge from the Evil which Your Prophet Muhammad (Sallalla ho Alaiha wa Sallam) sought Refuge form.”

He should also recite this Dua;

TRANSLATION:-

He should also recite this comprehensive `dua’ at least three times at the place;

TRANSLATION:-“O Allah! This is Your House and I am Your slave. I beseech You of forgiveness and security in the world and the Hereafter for myself, my parents, and for all Momineen, men and women, for Your slave Shamsuddin. O Allah! grant him victory, a grand victory (Amin)”.

He should then move forward and when he reaches Mecca Muazamma, he should first of all enter the Masjid-e-Har’am, remembering Allah and His Apostle all the time and praying for the success and prosperity of all the Musalman, in the world and in the Hereafter. Reciting `Lab’baik’ he should approach Bab-us-Satam and kissing the threshold he must put right foot forward and enter the Haram Sharif and recite this Dua,

Remember this dua by heard and whenever you happen to enter Masjid-ul-Haram (or any other masjid), recite this dua or prayer; and add the following phrases in this dua,

TRANSLATION:-“O Allah! You are Satam (security) and form You is security- peace and the peace returns to Your presence (ultimately). O our Lord! keep us alive with security and admit us in the Paradise (Daras Satam – the Abode of peace). O our Lord! You are full of Blessing and Highly Elevated, O the Lord with Grandeur and Beneficence. O Allah! This is Your Haram and the Place of Your peace. Forbid and deter the Fire for the Hell to on engulf my flesh, my skin, my face, my blood, my brain and my bones. (Amin)

SKETCH OF KABA SHARIF

When the sight (eye) falls on the Kaaba Sharif, he should recite “La’ ila’ ha Il lul la’ho, Wol Laho Akbar” three times, then the Durood Sharif and this Dua’

He should start `Tawaf’ (going round the Khana-e-Kaaba) in the Name of Almighty Allah. The `Tawaf’ in the fixed limits known as Mutafa or the place of Tawaf should begin from the Hajar-e-Aswad in the way that when approaches Hajar-e-Aswad, he should recite this prayer (dua),

TRANSLATION:-There is no god but Allah. The One, He made His Promise True and He helped His (Apostle) servant (against the infidels) and vanquished their forces. He is Absolutely One, He has no Associate ( in His Godhood), The rule of the world belongs to Him, all Praise is due to Him and He has Power (and Authority) over every things.

Before starting Tawaf (going round) of the Kaaba Sharif he must perform ISTABAA.

Then keeping his face at the Kaaba at the right side of the Hajar-e-Aswad, he should stand by the Rukn-e-Yaman in such a way that the full view of Hajar-e-Aswas remains at his right hand. Now he must make the Niyat (intent) of the Tawaf saying.

(“O Allah! I intend to make Tawaf of Your sacred House, so make it easy for me and accept it from me.”)

After the Niyat keeping the face towards the Kaaba, he should move on the right side and when he reaches Hajar-e-Aswad, he should raise his hands up to the ears and opening the palms towards Hajar-e-Aswad he should recite

Now, if it is possible, he should try keeping his palms at the sides of the Hajar-e-Aswad, to kiss the Hajar-e-Aswad in a soft reverential manner without make sound of his kiss. He should do this three times. If he succeeds to touch the Hajar-e-Aswad with his lips, then he must regard himself a most fortunate that he is blessed with the Divine favor to allow him to kiss the Hajar-e-Aswad to which the lips of the Holy Prophet Hazrat Muhammad Mustafa -Sallallaho Alaihe Wa Sallam- had graced by their holy touch over 1400 years ago. If on account the pressing such he can not succeed to kiss the Hajar-e-Aswad, he should not resort to push and move others to achieve his desire. If he can touch the Hajar-e-Aswad by the hands, it is enough for him to touch the Hajar-e-Aswad, and then kiss his own hands. If even this is not possible to touch the sacred stone on account of rush then he should keep his open palms towards the Hajar-e-Aswad and kiss then feeling at heart had he is kissing the Hajar-e-Aswad. This process of kissing is known as ISTILAAM (presenting and conveying the good wishes of salaam). At the time of ISTILAAM, he should recite the following prayers (dua):

(” O Allah! Forgive me of my sins and purify my heart and expand my breast and make easy my affair and give me protection and those whom You gave protection”). Then he should recite,

(” O Allah! I affair my Eiman with You, and testify the Truth of Your Book (The Holy Quran) and fulfill The Promise with You and obey and follow the sunnat of Your Prophet Muhammad – Sallallaho Alaihe Wa Sallam – and bear witness that there is no god but Allah The only One, there is associate with Aim, and I bear witness that Muhammad (Sallahllaho Alaihe Wa Sallam) Abid and apostle. I affirm my Eiman with Allah and denounce (reject) the and the Devil saying this he should proceed towards the door (exit) of the Kaaba and while doing so when he has passed by the Hajar-e-Aswad, he should stand erect and walk in such a way that the Kaaba remains on his left hand. While walking he should not ease inconvenience to any one, he should remain as close to the Kaaba as possible, without touching the cover of the Kaaba by his body or the clothes, when he comes in front of the MULTAZIM, he should recite this dua:

TRANSLATION:- O Allah! This House is Your House, and The Sacred Place of Your Sacred Place, and The Peace of Your Peace and this is Your Place of protection from the Fire (of Hell), so protect me from the Fire (of Hell). O Allah! give me contentment with what Your have provide me and grant blessing (and affluence) in it and I pray in absence of those who are not present. There is no god but Allah the One, there is none to associate Him, The governance of the Universe belongs to Him, all Praise is due to Him, and He has Power (and Authority) over every thing.

When he comes in front of the Rukn-e-Arafi, he should recite this dua,
(O Allah! I seek Your refuge form prevarication (skepticism) and infidelity (disbelief),and when he comes in front of MEEZAAB-E-RAHMAT, he should recite the following dua,

(O Allah! Give me shade below the Shade of Your Throne on the Day when there is no Shade except Your shade and nothing shall survive except Your countenance and make me drink from the Pond of Your Apostle Muhammad -Sallallaho Alaihe wa Sallam- the sweet drink after which there shall be thirst for ever).

And when he reaches RUKN-E-SHAMI, he should recite the following prayer;

( O Allah! Make this as Hajj-e-Mabroor (Rule of Goodness and Blessing) and the endeavor (worthy) of Thankfulness and the trade/business where there is no loss O one Who Knows what is in the heart (breast). Take me away from the darkness towards the Noor, light.

And when he comes to the RUKNE-E-YAMANI, he should touch it with both hands or only the right hand, he may also kiss at if he so desire; he should recite this prayer;

(O Allah! I beseech Your Forgiveness and Security in this world and in the Hereafter).

Just ahead of the RUKNE-E-YAMANI there is mustajab. Here he may recite the above mentioned dua or recite,

or he may only recite Durood Sharif.(NOTE: At this place or at all those places where he prays for himself he may preferable recite only Durood Sharif instead of other prayers/duas. Dua, Durood etc should not be recited very loudly).

Now after turning round the aforesaid places he comes back to Hajar-e-Aswad again. This is One Full Circuit. Even at this place he must offer Istilam at the Hajar-e-Aswad. In this way he do six more rounds or Tawaf of the Kaaba, to make the total circuits seven in number. In the first three rounds he must also do `Ramal’, when he completes seven rounds, it means he has performed One Tawaf. This is known as `Tawaf-e-Qudoom’. After Tawaf he should come to Maqam-e-Ibrahim, here after reciting the verse; he should offer two rakats of Namaz-e-Tawaf. This is Wajib.

In the first rakat of Namaz-e-Tawaf he should recite

and in the second rakat

After the Namaz-e-Tawaf he may recite the following `dua’ which is mentioned in the Hadees;

( O Allah! You know my secrets and open apparent things of mine, therefore accept my excuse You know my needs therefore grant my requests (baggings); You know what is in my self, so forgive my sins. O Allah! I beg you of Eiman (asa) pleasure of my heart and the true certainly. You know only that will befall me what You have written (ordained) for me and make my livelihood (subsistence) as a means of contentment for me what You have apportioned

for me O the most merciful of the merciful ones).

Now after Namaz and dua he should go to the Multazim and embrace the Multazim near the Hajar-e-Aswad place. The chest and both the cheeks on the Multazim, spread both his arms raising over the head and testing on the wall or put the right hand at the side of the door of the Kaaba and the left hand stretched towards the Hajar-e-Aswad and recite this dua;

TRANSLATION:-

after embracing Multazim, he should come to well of Zamzam. If it possible, he should draw one bucket of water from the well of Zamzam himself, otherwise he may get the water from some other person and keeping his face towards he should drink Zamzam as much as he can in three breaths, in standing posture. Every fresh drink he should begin with `Bismillah’ and finish with `Alhamdo Lillah’ keeping has eyes each time on the Kaaba or at least have a glance at it. The remaining water he may pour on his body or wash his hands, face and continue reciting `dua’ while engaged in this process. The Holy Prophet (Allah’s grace and peace be upon him) has said that `dua’ at this time is accepted in the Presence of Almighty Allah. He has also said that the Zamzam is a cure for any ailment when it is sought with due faith in it. The dua prescribed at this moment is this;

(O Allah! I beseech You The Knowledge which is Beneficial, the subsistence which is vast (abundant) and the Deed which is worth acceptance (and reward) and The Cure for all diseases (ailments) or the all embracing due quoted earlier). It is also blissful to look into the Well of Zamzam from above the ground it also removes, removes rancor and hyperisy from the heart.

Now, if he is not tired and willing to engage himself for the Sa’ee literally meaning endeavor or attempt but in the context of Hajj it is a ritual which is undertaken by way of brisk walking or balanced running on the hills of Safa and Marwa. Before proceeding for the Sa’ee he should come to the Hajar-e-Aswad kiss it if he can manage otherwise keeping the face to it he should recite “Allaho Akbar Wa Laila ha Il lul Lah Wal Hamdo Lillah”

and repeating the Durood Sharif he must move to the Hill of Safa passing through the Gate of Safa (while coming from the door of masjid he should first take the left foot out and while using shoes or any footwear) put in the right foot first. This is the procedure to he followed always and at all places while coming out from the masjid, rehearsing the usual due.

Remembering Allah and reciting Durood Sharif he should climb the first stairs and stay thee for a moment and before raising foot for the second stair, he should recite;

TRANSLATION:-

Then turning his face towards Kaba, raising both his hands upto his shoulders and stretching them (hands) apart, he should pause there for such a length of time which wowed take rehearsing 35 verses of the Surah Baqarah, repeating durood, tasbeeh, tahleel (Kalama-e-Tayyebat), he should pray for one’s own self, his parents, friends kith and kin and the Ummate Muslimah. This is the place and occasion when prayers are heard and granted by the Divine Grace.

After the Dua he should make niyat (intent) for the Sa’ee. The Niyat for the sa’ee is this:

(O Allah! I intend doing Sa’ee between Safa and Marwah, so make it easy for me and accept it from me).Then coming down from the Safa, he should more towards Marwa reciting verses and Durood and he covers the distance of the first mile, he should start running and continue running a little beyond the second mile, then walk slowly and reciting rites without stopping should go upto Marwa and here climbing the first step signifies going up the Merwa, but he should not recline against the wall (which is the practice of the ignorant people). Here on account of new structures the view of Kaba is not possible, yet the face should he towards Kaba, repeating and reciting rites prayers (dua) Durood Sharif as usual. This completes the first round of the Sa’ee.

From here he should again move to Safa will all the rituals and recitals as in the first instance, when he reaches the mile of Marwa he should start running till he passes the Mile of Safa, he should then slow down and climb the Safa. This completes the second round. Similarly again from Merwa to Safa, this is the fourth round. In this way he should complete the fifth, the sixth and the seventh rounds. This Endeavor (running) is known as Sa’ee, starting from Safa and ending at Marwa. In between tow miles there shall be seven times running.

After the Saee he should stay at Mecca till the 8th of Zil-Hajj and continue reciting `Labbaik’ in a simple manner without ISTABA, Ramial or Sa’ee and on completion of every seventh round (of Tawaf) he should two Rakats of Nafil at Maqam-e-Ibrahim on the seventh when the Imam delivers sermon (Khutba) after Zohar he should attend and listen to it. On the eight (8th) after the sun-rise he should move from Makkah to Mina, reciting Labbaik, Durood

dua through out the way. When Mina comes to sight, he should recite

(O Allah! This is Mina so grant me the favor of grace and peace with which You have favored Your Friends. After reaching Mina he should stay here for the night. From this day at Zohar till the morning of 10th he should all the prayers at Mina, alongwith Durood and other rites (Azkaar, Dua etc) At the break if down in

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*: Here also the hands should be kept in the same as they are kept after in the Namaz, that is the palms should be towards the sky, hand outstretched right in front of the breast. Nothing

against this as some persons doing Tawaf are seen doing this.

the 9th, he should offer the Fajar Prayer, busying himself thereafter in Durood etc like the sun shines on the hillock of Shaheer where at he should move to Arafat, reciting once again `Labbaik’, Durood other rite on the way. As soon as Jabal-e-Rahmat appears he should increase the recitals (Labbaik, Durood, Dua) because this is the place and occasion of the acceptance of prayers.

On reaching Arafat he must no cause inconvenience to any one and sit at the place which he gets, except that he should sit at a place which is not the passage for others to move along. At noon he should take bath, it is Sunnate Muakkidah. If the bath is not possible, Wazu or ablution will be enough. As soon as the sun declines the Zenith, he must go to Masjid-e-Namrah and after offering sunnat prayer he should listen to the Khutba (Sermon) delivered by the Imam and offer the Zohar prayers behind the Imam. Immediately thereafter the Takbeer for the Asr prayer will be announced which prayer should be offered behind the Imam. There is no question of indulging in personal or other matters in between Zohar and Asr which is the period of intense devotion in hearty recitiors of Durood, dua or other prayers. There is no nafil or sunnat after Asr.

Immediately after the Asr prayers, he must hurry to the place of stay `Mauqif’ where it is ordained that the pilgrims should proffer supplication to Allah alongwith Durood, Dua and other rites. On this day, staying at Mauqif and keeping oneself in prayers is the essence and spirit of the Hajj, which should continue after the Asr till sunset. It is also one of the cardinal part (ritual or Ruk’n) of the pilgrimage.

PROBLEM:- The time for Wuqoof is from the decline of the sun on the 9th Zil Hajj till the morning of 10th. If any one makes wuqoof at a time other than this, he will not gain the reward of the Hajj, unless it the wuqoof at other time is on account of difference of moon-sight.

He should go to MUZDALFAH immediately after the sunset in the company of the Imam. If the Imam delays his departures, the pilgrim should not wait for him and reach MUZDALFAH, reciting Labbaik, dua and Durood throughout the journey. If possible, he should with brisk paces. He may also avail any model of conveyance or transport. But he must down the transport as soon as MUZDALFAH comes to sight and cover the remaining distance on foot, Beller still is that he should enter MUZDALFAH after a bath (or Wazu). On entering MUZDALFAH he should recite the dua;

(O Allah! This is (the Place of) Gathering (of Ummah), so I beseech You the Forgiveness and security in the World and the Hereafter).

After reaching here he should a light, a little away from Jabal-e-Quzah (or Wherever inconvient). Here he should offer the combined Prayers of Maghrib and Isha, even if the time of Maghrib prayer has passed; both these prayers shall be offered as regular prayers (not Qaza, but `Ada’ or in time) will clear Niyats for both. First the Farz of Maghrib, then immediately after the Farz of Asha, then the sunnat (prayers) of maghrib and Isha, then the wits of Isha.

After these Namaz (prayers) the rest of the night should be spent in Durood, Dua and Zikro Tasbeeh, because this is the most auspicious time and the most auspicious place for the acceptance of prayers in the Divine Presence.

The Morning Prayer (Namaz-e-Fajr_ should be offered at the early hours after the break of down when it is still dark (because the sun-rise is at least and hour later). After the Namaz-e-Fajr there is another Wuqoof preferably on the hills of Mash’aril Haraam it self or wherever the place is available down the skirt of the hill or the valley or any other place at the Muhassar. This wuqoof is similar to the wuqoot at Arafat, keeping oneself in constant recitation of Labbaik, Durood and Dua. The time of this wuqoof is from the break of the morning till is bright after the sun-rise. One who does not come here at this hour, he misses the Wuqoof.

Now when it is still for offering two rakats of namaz, he should go to Mina in the company of the Imam. At this place he should pick up seven small stones of the size of the date-seed, wash them three time and keep them in his pockets. Through out the way he must continue reciting `Labbaik, Durood and*Dua’.

PROBLEM:-At Arfat there is one Azan and two Takbeers of Iqamat (arranging rows people for offering the salat or namaz) for the salats of Zohar and Asr, while at MUZDALFAH there is one Azan and one Takbeer (Iqamat) for Maghrib and Isha.

When he reaches the valley of Muhassar he should pass by very briskly, reciting this dua;

(O Allah! Do not Kill us with Your wrath and do not destroy us by Your affliction and grant us security before this).

When Mina comes to sight, he should recite this dua (which has already been quoted above)

(O Allah! This is Mina so grant me the Favor of Grace and peace

with which You have Favoured Your Friends).

On reaching Mina, before doing anything else, he must first

go to JAMRATUL AQABAH. He should stand at least 5 to 6 feet away

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*: He should also recite this dua;

O Allah! Unto You I and I feel fear of Your Punishment and unto You I come back and I feel fright so accept my sacrifice and magnify my reward and have mercy at my humility and accept my repentance and grant my prayers.

from Jamra in such a way that he is at the central place (or in between) the Makkah Muazzama and the first Nala in the drain pipe and by holding a stone in his fore finger and the thumb and raising his arm high enough so that the while of the arm pit become visible throw the stone (at the Jamra, commonly known as Satan or Shaitan) while reciting the following dua;

(In the Name of Allah, Great is Allah, I strike Shaitan to please Rehman (the Most Beneficent). O Allah! make this as the Hajj-e-Mabroor and the Endeavor of Thankfulness and the Forgiveness of sins).

It is better that the stones strike of 3, 4 feet from the

1Jamrah. If the distance of the fall of the stone is move than this, it is not to be counted. In this way he must throw seven stone pieces, one by one. He should stop reciting `Labbaik’ at the strike of the very first stone. When he finishes 2Rami (stoning the satan) he should not stay there any longer. He must return at once, reciting dua and rites.

After the Rami comes the stage of 3Sacrifice (Qurbani). Which he must perform. After this he must pray to Almighty Allah for the acceptances of Hajj by himself and those from all the muslims who have fulfilled the obligations in this behalf.

After the sacrifice, he should sit facing the Qibla (Kaba) and have his entire shaven (known as HALQ) or trim the hair (as he may desire), but shaving the head is more beneficial and blissful. But shaving of head is forbidden (Haram) for the women, they may just have their hair cut short by an inch or two. The cut shaven or trimmed hair should be buried, similarly thing which are usually removed from the person such as nail etc. should also be buried. Here he must take care not to clip the nail or shave the beard or most ache before the Halq (sharing of

head). Otherwise dam will become hinding. (Dam stands for an expiatory sacrifice of an animal for any lapse in the obligatory rites etc). However, there is no expiation or dam for shaving the beard and trimming the mostache after the shaving of head. Rather it mustahab or desirable, yet shaving/shortening of beard should is not he done as a respect for the beard in Islam while shaving the head (HALQ) first the hair on the right side should be cut, reciting “Allaho Akbar, Allaho Akbar Lailaha il lal Laho Wallho

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1Jamrah:In between Makkah and Mina there are three pillars known as Jamrah. The one which is near Mina is called`Jmarah the First (OOLA) the central one is known as Jamra Wasta (center) and the last one which is nearer Makkah is called Jamrat ul Aqabah.

2Rami: The time for Rami is form the 10th morning to the morning of the 11th Zil Hij. However the sunnat is after the sunrise till the Decline (Zawal).

3Sacrifice:This is not the Qurbani which is performed on the occasion of Baqrid. IT is by way of Thanks going on account of Haji. It is compulsory for the rich and Mustahab for the poor.

Akbar, Allaho Akbra,wa lil lahil Hamd.

often times during the Halq and also at the end, while having the head shaver this dua may also be recited,

(All praise is due to Allah on what he guided us and send reward to us and allowed us to fulfill the rites (etc). O Allah! This forehead of mine is in Your Hand, so make all my hairs a Noor (Divine Light) on the Day of Judgement, and remove evils from me and as a reward of it elevate my status in the lofty Paradise. O Allah! bless me in my self and accept (endeavors) of mine.

O Allah! forgive me and those who have shaven their heads and trimmed their hairs, O with Vast Forgiveness).

And pray forgiveness for the entire Ummah. Now all things which were forbidden on account of Ahram, now become permissible except intercourse with wife (and lawful maid servants) to touch or look as them in a luscious manner or their private parts which are still haram or strictly un lawful.

Now after the hair-cut, it is better to reach Makkah on the 10th. For the Faze (obligatory) Tawaf, this Tawaf is the second rukn (ritual Obligation) of the Hajj. This Tawaf will be like the Tawaf of the first occasion, but ow there shall be no ISTABAA. After this two Rakats should be offered. Now the wives become permissible or all the essential processes have been fulfilled, declaring the completion of Hajj. This means that the Two main Arakan (plural of rukn, the essential part of performance) namely Woqoof and Tawaf have been accomplished.

But he has to turn to Mina to spend the 11th and 12th nights, it is sunnat, as it is sunnat to stay here during the 10th night. On the 11th after the Zohar prayer and the Khutba (sermon) of the Imam he should go for Rami. In these days, the Rami should begin with JAMRAH the First which is near the Masjid KHEEF. For this Rami he should come by climbing the mounds at Makkah and facing Qibla he should throw of stones as he has done in the First Rami on the 10th. After the 7th stone he should move a little of the Jumrah and facing Kaba he should raise hands for the prayers (dua) in a manner that the palms remain towards the Qibla and stay there for a time which may be needed for reciting twenty verses of the Holy Quran reciting praise to Allah (Hamd,) Durood and other dua.

Then he should move the central Jumrah or Jumrah Wasta for rami, dua and durood as before. Then finally he should go to the Jumrat ul Aqaba for rami, but he should not stay there, rather return promptly reciting Durood, Dua etc on the way on the 12th. Then on the 12th he should do Rami on the three *Jumrah and start —————————————————————–

*PROBLEM:- For Rami, tees than seven stone pieces in not (P.T.O)

for Makkah to reach there before on the sun set. He may return, if he desires, on the 13th. If he does so he will have to do Rami on that (13th) day after the decline of sun (Zawal-e-Aftab). This is more bliss full. On the last day on the 12th or 13th when he returns from Mina on way to Makkah, he should get down from the carriage/animal at WADI MUHASSAB, which is situated near JANNAT UL MUALLA, (or without alighting) he should stay there for some time and pray for the departed souls. However it is more blissful if he stays here till Isha and offer all the prayers (Salat or Namaz) at He may have short sleep here, where after he should enter Makkah.

From 13th onwards he may at Makkah for as long as he desires, performing Umrah(s) and visiting Holy Places during his stay. When he wishes to leave Makkah he should do the Tawaf-e-Wida (Farewell) without Ramal. Farz Tawaf is also known as Tawaf-e-Ziarat and as well as Tawaf-e-Afazah.

PROBLEM:- The most suitable time for shaving the head or hair cut is the period known as Ayyam-e-Nah (Days of sacrifices) which means 10th, 11th and 12th of Zil Hajj, the most auspicious day is the 10th, if he does not have the hair cut by the 12th, then Dam will become necessary.

This Tawaf-e-Wida is compulsory for those coming from other places. After the Tawaf he should offer two rakat of Nafil, as usual, at Maqame-e-Ibrahim are drink water at the Zamzam well and pour it on his person. Then he should stand at the threshold of the Kaba, kiss it by way of respect and reverence and offer thanks to the Providence for enable him to perform Hajj and pray its acceptance expressing at the same time his desire to enable him to come and perform the pilgrimage again and again. His dua should all inclusive and for all. Or he may recite this prayer;

(The Beggar has come at Your door-steps, he begs Your Blessing and belief-full knowledge of You and entertains hope of Your Mercy (O Allah!)

Then he should come to MULTAZIM and holding the covering (ghilaf) of Kaaba and embracing it he should recite Zikr (remembrance of Allah), Durood and dua as much as he can and before departing he should recite comprehensive dua;

(All Praise id due to Allah Who guided unto this and we were not able to guide ourselves unless Allah guided us. O Allah! grant us —————————————————————–

permissible. If he uses only three stones or does not use any stone at all, a penance by way of Dam will be necessary. If he uses only stones, then for each remains he will have to offer Sadaqah.

PROBLEM:- To pick up stones from near about Jumra, is Makrooh (detestable).

guidance as You have guided us for this and accept it as (endeavor) from us and do not make this as the last promise (to visit) for Your Sacred House (Bait il Haram) and grant me subsistence to return to it (again and again) so long as You are pleased, In the Name of Your Mercy, O the most Merciful of those who show mercy. And all Praise is due for Allah the Lord sustainer of (all) the worlds and Peace and grace of Allah be on Muhammad (peace be upon him) and his kin and his companions).

Then kiss the Hajar-e-Aswad and recite this invocation (dua) with all humility in heart and tears in the eyes;

(O Allah! the Provider of Felicity in His Land, I state witness (or give evidence) of You (Your Favors) and Allah is Sufficient as Witness. I give evidence (stand witness) by (the Faith) that there in no god but Allah and I also give evidence (asa witness) that Muhammad id The Apostle of Allah and I shall repeat and proclaim this evidence in the Presence of Allah the Most Dignified in the Day of Judgment, the Day of greatest mental distraction. O Allah I stand witness in Your (Your Name) on this (matter) and His great Angels state witness by this (truth). And Allah Peace and grace be on our Master and Chief (saiyad) Hazrat Muhammad (peace be upon him) and an progeny and companions all together).

Then retracing steps with and turning back towards Kaaba and should the pricients through the door of Masjid-e-Haram by placing the left foot our and reciting the usual dua is prescribed while leaving the masjid (at any place). It is better to come out through Bab ul Hazawarah (Note: while leaving the bidding farewell (Wide) to Kaaba Sharif on can also walk straight out of the

Masjid but he must bear the pangs of separation in his heart which he can express by turning face to Kaaba again and again which pacing out). Women in an unclean state due to Haiz (menstruation) and Nifas (Bleeding on account of child birth) must not go in, they should wait outside and last eyes of sadness and grief on the Kaaba as expressions of separation.

After coming out on the open he must distribute alms and charity among the beggars and destitutes who beg for help. Now his stay and fulfillment of Hajj obligatours are over. He has now to make preparations for journey to Madena ul Rasool Sallallaho Alaihe Wa Sallam.

Among the details mentioned in connection with the performance of Hajj, some aspects are Farz, and some are Wajib, while some are sunnat. If anything among the Farz is omitted by passed (for any reasons) then the Hajj itself is rendered invalid. If any Wajih is left over, the Hajj as a whole will not be affected but it will he incomplete and the DAM (sacrifice permitance) will become essential and the loss of sunnat will reduce the sawab (award) to some extent.

The following things are Farz (compulsory) in the Hajj.

Ahram.
Wuqoof-e-Arafah (stay at Arafat). Which (latter) means that in between the time from the decline of the sun in the 9th ZilHaj till the down of 10th, one must stay at the Arafat.
Tawaf: Ziarat’s greater part or minimum found circuitous (phera) round should be spent in Tawaf.
Niyat or intent (details have gone earlier) by words of mouth.
Tarteeb (in serial order), performance of different ceremonies itual in the ordained manner. It means the first of all Ahram should be put on as without Ahram no Hajj (or Ummrah) is neither possible nor permissible, then wuqoof at Arafat, then Tawaf-e-Ziarat.
To perform all Farz strictly at the prescribed time limit (i.e. wuqoof, between 9th afternoon and 10th before the break down and Tawaf Ziarat after the wuqoof.
Place or Site: Wuqoof on the plains of Arafat (or adjourning areas in case of over crowding), Tawaf with the limits of Khana Kaaba.

In Hajj following things are wajib.

To put on Ahram form any of the prescribed Meeqats. One should move ahead of Meeqat without Ahram. It is however permissible if any one puts on Ahram before arriving at Meeqat.
Sa’ee (running between Safa and Marwa).
To begin Sa’ee from Safa.
To perform sa’ee on foot.
To do Tawaf before proceeding for Sa’ee.
If Arafa (staying at Arafat) is done during the day time, then he must stay there till the sun set and come darkness of night becomes visible.
It is wajib to begin wuqoof after the decline of sun at any part of the day.
To follow Imam on return from Arafat. However if the Imam for reason is late leaving Arafat, the pilgrim can start early.
To stay at Muzdalfah and offer Maghrib and Isha combined at Muzdalfah.
Rami: To strike Jumrah on 10th, 11th and 12th which means on the 10th only at Jumratul Aqaba and strike stones on all three Jumrah, on 11th and 12th.
Rami at Jumrah Aqaba on the first Day (10th) before the hair cut.
To do rami on all days at the same time of each day.
Hair cut (shaving of head) or shortening the hair on the Days of Nahr.
Greats part of the Tawaf-e-Afaza in Days of sacrifice (Ayyam-e-Nahr).
Tawaf after the Hateem by the right side, which means that Kaaba should be on left side of the man doing Tawaf.
To do Tawaf on foot.
While doing Tawaf one should he with wazu or ghus’l (ablution or bath). If he is without wazu or bath, he must start Tawaf afresh.
To keep the shame parts of the body hidden while doing Tawaf.
To offer two rakats of Namaz after the Tawaf. This is wajib but if not done, Dam will not be necessary, while for other wajib referred to above and those follow, dam is essential if any of these wajibs is omitted.
There should order in Rami slaughtering the animal and Halq (head shave) and Tawaf one after the other.
TAWAF-E-SADR or the Farewell (Wida) for all those who live beyond the territories of Meeqat.
Ladies who are in Menses or in uncleanliness should wait till are purified. However in case of travel by caravan the affected can leave with the Tawaf-e-Wida in that state if the scheduled departure of the caravan is announced.
There should be no cohabiting with wife after the Woquf-e-Arafa and before the hair cut, (Note: If during the Tawaf the shame parts become open, the Dam shall become binding.

In addition to these wajibs there are some more wajibs on the omission of which `dam’ does not become binding.

These are:

(a) on account of some ailment etc not to have hair shave.

(b) not to delay the Namaze Maghrib till the time of Isha so that there be offered combinedly.

The following are sunnat in Hajj:

Tawaf-e-Qudoom (the First Tawaf which a non-resident of Arabia).
To begins Tawaf From the Hajar-e-Aswad.
To do ramal in Tawafe Qudoom or Tawafe Farz.
Sa’ee between the Safa and Marwa.
Delivering khutba by the Imam on these dates namely on the 7th in Makkah, on the 9th at Arafat and on the 11th in Mina.
To depart from Makkah after Fajr prayer, on the 8th, so that all the five prayers (namaz) could be offered at Mina.
To spend the night of 9th at Mina.
To proceed from Mina to Arafat after the sunrise
To have bath prior to going to Arafat for wuqoof.
To stay at Muzdalfa after the return from Arafat.
To start from Muzdalfa on way to Mina before the sun-rise.
To spend both the night of 10th and 11th at Mina.
If one stays at Mina till 13th then he should also stay in Mina in the night past the 12th.
To alight or stay at the ABTAH in the valley of Muhassab, even if it be for a short while (There are other aspects of sunnat which we mentioned in the section titled procedure/Method).

Zakat (Alms to the Poor)

The benefit of giving Zakat

Allah Ta’ala has stated that ‘success is for those who give Zakat’. He has also stated ‘Whatever you give, Allah will replace it with even more and Allah is the best at giving wealth’. He has also stated ‘that those who are misers, then don’t think that whatever Allah has given them due to His virtue that it is a good thing for them but it is a bad thing for them, because that item will be wrapped around their necks and a lock put on it for those who are tight with their money’.

Punishment and loss for not giving Zakat

Allah has also stated ‘ those who collect silver and gold and do not spend it in the path of Allah then they will be given severe punishment and give them the good news that when they are heated in the fire of Hell and with that their foreheads and sides and backs will be marked and they will be told that this is that gold and silver which you gained for your desire and so taste what you had gained’. The Holy Prophet Sallallaho Alaihi Wasallam has reported that ‘the goods that are destroyed, are destroyed due to not giving Zakat’. He has also reported’ that ‘strengthen your possession by giving Zakat and heal your sick by giving Sadqa and pray to deter any difficulties and cry and perform worship’. He has also reported that ‘Allah Ta’ala has made four things obligatory and those who only perform three of them and miss one then it will be of no use to them until all four things are not performed. Namaz,Roza, Zakat and Hajj, and he stated that those who do not give Zakat, their Namaz is not accepted [Tibrani, Abu Da’ud, Imam Ahmad].

Rule: Zakat is Farz and those who reject it as Farz are infidels and those who do not give Zakat are wrongdoers and worthy of execution and those who delay and do not give Zakat on time are sinners and their testimony or oath will not be accepted [Alamgiri,Bahar]. According to Shariat, Zakat is defined as from your goods to take one part for Allah which has been fixed by Shariat and to make a Muslim poor person the owner of it.
Rule: To replace something is not giving Zakat, for example, to feed a poor person with the intention of giving Zakat as this would not be making the person the owner of the money. However, if food is given and whether he eats it or takes it with him then this will be counted as giving Zakat and in the same way if clothing is given with the intention of Zakat then the Zakat will be fulfilled [Durr-e-Mukhtar].
Rule: It is also a condition to make someone the owner that knows how to accept, it, meaning if someone throws it away or is easily fooled into giving it away then this is not counted as making someone the owner, for example if a small child or an insane person is given Zakat then it will not count. If the child does not have sense then the Zakat should be given to his father who should also be poor and then should be made the keeper or the child’s guardian or person looking after the child [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Conditions when Zakat would become necessary

Rule: There are a few conditions when Zakat would become necessary.

1. To be a Muslim

2. To be an adult

3. To be sane

4. To be free (i.e. not a slave)

5. To be the owner of goods above Nisaab (threshold-where Zakat would become necessary)

6. To be a complete owner of the goods

7. To be free from any sort of loan

8. To be free from any goods which are regarded as basic necessities of living

9. The good have a value which will increase

10. For a year to pass

Rule: Zakat is not necessary for an infidel. If an infidel became a Muslim then he would not be ordered to pay Zakat for goods from previous years when he was not a Muslim [All books].
Rule: Zakat is not necessary for a child [Hidava etc.].
Rule: Zakat is not necessary for a person who has been insane for a full year. If a person is sane at the beginning of the year and at the end of the year but was insane in the middle of then Zakat is still necessary. If a person is insane from birth and then after reaching adulthood he gains sanity then Zakat will become necessary from that year and not from the previous years [Johra, Alamgiri, Radd-ul-Mohtar, Bahar].
Rule: Zakat is not necessary for possession of goods which are below the fixed threshold of Shariat, meaning if a person had goods but were less than the threshold of Nisaab then Zakat is not necessary for them.
Rule: You must have complete ownership of the goods, meaning if you had possession but was not an owner then Zakat is not necessary.
Rule: If goods are lost or have fallen in the sea or someone has robbed him and he has no witnesses for the robbery or have been buried in a field and you are not aware of where you have buried it or you gave some goods to a stranger for safe-keeping and then that person took off with them or you lent some money to someone and he refuses to pay the debt back and you have no witnesses and then after a period of time you got your goods or money back, then Zakat is not necessary for the time the goods were not in your possession [Durr-e-Mukhtar, Radd-ul-Mohtar]. If you have loaned some goods to a person who says he will pay back but is delaying it or has become bankrupt or a Qazi has ordered that he is poor or is refusing to pay back and he has witnesses and then when you recover the goods back, then Zakat is also necessary for the time when it was not in your possession [Tanwir, Bahar].
Rule: If money or goods have been given as a deposit or guarantee, then Zakat is not necessary on the person giving the deposit or the person keeping the deposit nor is it necessary for the years that it was held when the deposit has been given back [Durr-e-Mukhtar, Bahar etc.].
Rule: If a person has enough goods above the threshold of Nisaab but he owes so much that by paying the debt off he would go below the threshold of Nisaab then Zakat is not necessary on them whether the debt is of a worldly nature (such as a loan or repayment for lost goods or payment) or if it is of a religious nature (such as previous Zakats), for example, if a person has been above the threshold of Zakat for only one year and he has not given Zakat for two years then only the first year’s Zakat is necessary not for the second year, because after giving the first year’s Zakat from his goods the goods then fall below the threshold therefore the second year’s Zakat is not necessary [Alamgiri, Radd-ul-Mohtar].

A fixed time loan or Mehr does not stop you from giving Zakat

Rule: If you borrowed money and you did not have to pay anything until after a fixed time (for example, you borrowed some money and the owner said don’t pay me anything for five years and then pay the money back to me) then this will not stop you from giving Zakat [Radd-ul-Mohtar]. Also if the husband has to give so much money for Mehr, he still has to give Zakat because the wife does not ask for the Mehr [Alamgiri, Bahar].
Rule: A loan will stop you from giving Zakat when the loan is taken before the Zakat became Wajib and if money is borrowed after Zakat is due, then you will still have to give Zakat (for example, your year has finished and you are due to give £500 Zakat and then you take out a loan which takes you below the Nisaab threshold, the £500 Zakat will still have to be paid) [Radd-ul-Mohtar, Bahar).

Basic Necessities (Hajat-e-Asaliya)

Rule: Whatever goods are regarded as not the basic necessities and are above the threshold of Nisaab then Zakat is necessary. Hajat-e-Asaliya This means basic necessities that are required for living, such as, a house for living, clothes for wearing, goods for cooking and eating, animal/vehicle for transport, slave for helping, weapons for battle, tools for workmanship, books for knowledge and food stored for eating [Hidaya, Alamgiri, Radd-ul-Mohtar].

Zakat for three types of goods

The conclusion is that there are three types of goods which Zakat is necessary upon.

1. Gold and Silver.

2. Goods for business.

3. Animals which are kept for production and who eat on free range land.

Rule: Zakat is not necessary on pearls and diamonds and other jewellery (except gold and silver) regardless of the amount, however, if they are purchased with the intention of doing business then Zakat is necessary [Alamgiri, Durr-e-Mukhtar, Bahar].
Rule: If a person has more than the threshold (Nisaab) and in the running year the goods increased then the new goods are not counted as a new year but when the year finishes for the old goods it will also finish for the new goods even if the new goods are acquired one minute before the year end.
Rule: When giving Zakat or separating money for Zakat it is necessary to make the intention of Zakat. Intention means if asked you can without doubt say it is Zakat [Alamgiri].
Rule: If you gave money voluntary all year and then finally made the intention that whatever given was Zakat, then this will not count [Alamgiri].
Rule: Zakat money was in your hand and the poor snatched it away then the Zakat will count and if it fell on the floor and a poor person picked it up and if you knew the person and was happy, then the Zakat will count [Alamgiri].
Rule: Zakat money cannot be used in assisting the dead (buying Kafan, burial etc.) or for building a Masjid because this would not make the person the owner. If you want to spend money on things like helping the dead or building the Masjid then the method of doing this is to give the money to a poor person and then the poor person spends the money for these causes as this would mean both parties would gain reward. It is stated in the Hadith that if the money of Sadqa passes through one hundred hands then every person would gain as much reward as the first person who gave the money and there would be no decrease in the reward [Radd-ul-Mohtar, Bahar, Qazi Khan].
Rule: It is not necessary when giving Zakat to say to the poor that this is Zakat as only the intention is sufficient. If you gave the Zakat buy saying that this is a gift for you or it is a present for your children or Eid money and the intention is that you are giving Zakat, then the Zakat will count. The reason for this is because there are many poor people that feel ashamsd in taking Zakat and therefore you should not tell them that you are giving Zakat to them [Bahar].
Rule: If a person with Nisaab decides to give more than his Nisaab calculation of Zakat by giving the amount for two or three Nisaabs beforehand, and then at the end of the year he finds out that he had to give more than just one Nisaab and he had already done this by giving money before it’s due time then this will count. However, if he had given more than what was due from him with the intention for that year and then at the end of the year it was more than his Nisaab calculation was due then he cannot carry the excess amount to the next year (because the intention was for only to give that year) [Alamgiri, Bahar].
Rule: If a person owns one thousand pounds but he decides to give Zakat for two thousand pounds and makes the intention that if I have that much amount at the end of the year then this Zakat will be for this year and if not then the excess money will go towards next year, then this is allowed [Alamgiri, Bahar].
Rule: If you are in doubt that you have paid Zakat then you must pay again [Alamgiri, Radd-ul-Mohtar, Bahar, Siraajia, Behra-ul-Raiq].

ZAKAT FOR GOLD. SILVER AND BUSINESS GOODS

Nisaab for Gold and Silver

The Nisaab (threshold) for gold is seven and a half Tola (88 grammes) and for silver it is fifty two and a half Tola (620 grammes). The Zakat for gold and silver is determined by it’s weight and not it’s value. For example, jewellery or utensils of gold is made but it’s making makes the value of the gold more than 200 Dirhams (which may be the price of 7.5 tolas of gold). Also nowadays the value of 7.5 tolas of gold makes many Nisaabs when compared with the 52.5 tolas of silver and therefore the Nisaab will be calculated on weight and not on the value. In the same way by giving silver as Zakat for gold then the value will not be counted but the weight will be counted even if because of work and craftsmanship the value has increased. For example, if you had £700 worth of silver and you gave £25 for Zakat because although the jewellery was worth £700, it actually cost another £300, making the total £1000, then the Zakat would need only be £20 and the other £5 would be extra as the Zakat is given on the weight and not the total value.

Rule: When it is referring that the weight is taken into consideration and not the value then this is when the Zakat is being given for like to like product. Such as gold for gold or silver for silver and if another product is being given for another product, for example gold is being given as Zakat for silver or vice versa, then the value will be taken into consideration. [Radd-ul-Mohtar, Bahar].

How much Zakat should be given ?

Rule: When you have enough gold or silver that goes above the Nisaab then one fortieth is given, i.e. 2.5%. Whether it be in it’s original form or in the form of coins or something has been made out of it (such as jewellery, utensils, watch etc.) then Zakat is necessary on it. For example if you have 88 grammes of gold then 2.25 grammes of Zakat is necessary or if you have 620 grammes of silver then 15.75 grammes of silver is necessary for Zakat [Durr-e-Mukhtar, Bahar etc.].
Rule: Except for gold and silver you have other goods which are for business purposes then if the value of that adds to the same as the Nisaab for gold or silver then Zakat is necessary on that also, meaning the fortieth part of the goods is to be given for Zakat. If you did not have enough goods that reached upto the Nisaab level but you also had some gold or silver then they should be combined together and then if the total adds up to the Nisaab level then Zakat is necessary. The value of the goods should be calculated with the going currency of that county, for example in India the currency would be Rupees and for the UK it would be sterling. If gold or silver coins are used somewhere then it is upto you to use whichever coin you like. However, if you use Rupees and the Nisaab does not complete but by using an Ashrafi the Nisaab completes or vice-versa, or by using one currency the Nisaab completes but with another currency there is more than one-fifth of the Nisaab left-over then use the currency that gives more Nisaab left-over meaning one fifth more and do not use the other currency that does not add up to the extra Nisaab [Durr-e-Mukhtar, Bahar].

Calculation for goods more than the Nisaab

Rule: If you have more goods than the Nisaab threshold and the extra is one fifth more then Zakat is necessary on this extra amount. For example, for silver after 620 grammes (which is the Nisaab), then you have to pay Zakat on every 124 grammes above the threshold as this is one fifth of the threshold and therefore an extra 3.15 grammes have to be given in Zakat. In the same way for gold after the Nisaab of 88 grammes you have to pay Zakat on every 17.6 grammes of gold which would mean an extra Zakat of 0.45 grammes. If the extra did not amount to an additional fifth then Zakat is not applicable on the extra amount, meaning if you had 105 grammes of gold then Zakat is only payable on the Nisaab which is 88 grammes and the rest would not be payable as it does not add up to one fifth and hence the Zakat on the extra 17 grammes is not payable and the same applies to silver and other goods or money [Durr-e-Mukhtar, Alamgiri, Qazi Khan].
Rule: If you had both gold and silver and they both add up to the Nisaab separately then you cannot add the amount together’and give Zakat on the total amount (for example, you had 88 grammes of gold and 620 grammes of silver then you cannot add them both up to 708 grammes and then give Zakat on the amount as silver) but you have to give Zakat on them separately as separate items. Although if you wished you can pay the Zakat in one item (meaning if you wanted you could pay it all in gold) but you must pay it in the amount which would be better for the receiver and which is worth more.
Rule: If you have gold and silver but neither of them reach the threshold then calculate both of them and add them together and make either the gold Nisaab or the silver Nisaab. If then the Nisaab still does not complete then no Zakat is necessary. If the silver is converted to the value of gold or the gold is converted to the value of silver and then when mixed the Nisaab is completed, then Zakat is necessary and if silver makes the Nisaab and the gold does not then Zakat is necessary on silver. If both conversions make the Nisaab then it is upto you, to which you give Zakat for. However, if one conversion makes the Nisaab and exceeds another fifth of it then it is necessary to give Zakat on this conversion. For example, you had 300 grammes of silver and 60 grammes of gold, when you converted the gold value the Nisaab of silver completes but if you try it the other way then the Nisaab of gold does not complete, in which case it is necessary to give Zakat after converting it to the Nisaab value of silver. If the Nisaab value reaches both but the silver reaches the value of 756 grammes of silver (Nisaab plus one fifth) and the gold does not reach 105.6 grammes, then it is necessary to give Zakat on the value of the silver. In the same way if you had many Nisaabs and none of the extra was individually reaching, an extra fifth of the Nisaab, then add the extra amount of the Nisaabs together and then if it adds up to a fifth extra of one Nisaab then you have to give Zakat on this and if it does not reach to a fifth on any Nisaab then no Zakat is necessary on the extra amount [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Zakat on Notes is also necessary

Rule: It is necessary to give Zakat on notes as this is the same as money [Bahar]. This means that Zakat is necessary on the amount equivalent to 620 grammes of silver or 88 grammes of gold or above as the same rules that apply to gold and silver will also apply here.
Rule: Zakat Is necessary on business goods that have been available for a year and the condition is that the value of the goods are not less than 200 Dirhams at the start of the year [Alamgiri].
Rule: Pans that have been loaned out do not need Zakat paid on them and in the same way a house that has been rented out do not need Zakat paying on it [Alamgiri, Qazi Khan].

ZAKAT ON SAIMA ((ANIMALS)

Definition of Saima

Zakat is necessary on three types of animals that are Saima, i.e. camels, cows and goats. Saima is those animals who spend most of the year grazing and their purpose is to gain milk or their young or just to keep [Tanweer, Bahar]. If hay or grass is brought to them in your home or the animals are used to shift loads or carry loads or are used for travelling on, then even if they graze, they are not Saima and their Zakat is not necessary. In the same way if they are kept to eat meat then Zakat is not necessary even if the animal grazes in the wild. If the animal is for sale and is kept to graze, then this is also not Saima, however, the value is to be calculated as business goods and the Zakat is to be given as normal [Durr-e-Mukhtar, Radd-ul-Mohtar, Bahar].

Zakat on Camels

Zakat is not necessary on less than five camels. When you have five or more than five but less than twenty-five, then on every five camels one goat is given as Zakat. Therefore if you have five then one goat is to be given and if you have ten then two are given etc etc [Hidaya, Durr-e-Mukhtar].

Rule: The goat that is given in Zakat is not to be less than one year old. The goat can be male or female, the choice is yours [Radd-ul-Mohtar].
Rule: If you have more than one Nisaab but less than two Nisaabs (more than five but less than ten) then Zakat on the extra amount is forgiven and is not necessary, meaning if you had seven or eight then only the one goat is necessary [Durr-e-Mukhtar].
Rule: If you have twenty-five camels then one small camel is given that is more than one year old and less than two years old, the same rule applies to upto thirty-five camels, meaning one small camel. If you have between thirty-six and upto forty-five then one camel more than two year’s old is to be given. If you have between forty-six and upto sixty then one camel that is more than three year’s old. If you have between sixty-one and upto seventy-five then one camel that is more than four year’s old is to be given. If you have between seventy-six and upto ninety then two camels that are older than one year’s old are to be given as Zakat. If you have between ninety one and upto one-hundred and twenty then you must give two camels older than two year’s old. For more than one hundred and twenty upto one hundred and forty five then you must give two camels older than three year’s old and one goat for every five extra. For example, if you have one hundred and twenty five then you give two camels (older than three year’s old) and one goat, the same amount of camels are given for one hundred and thirty but two goats etc. Then if you have one hundred and fifty then give three camels (older than three years old).

Zakat on Cattle

Rule: If you have less than thirty cows then Zakat is not necessary. When you have thirty then the Zakat is one calf older than one year. If you have forty then the Zakat is one calf older than two year’s old. This rule applies to upto fifty nine cattle. On sixty cattle the Zakat is two calves older than two year’s old. Then the rule is on every thirty one calf one year old and on every forty one calf two year’s old. For example on seventy you would give two calves one calf that is one year old and one calf that is two year’s old. For eighty you would give two calves that are both two year’s old etc.etc.
Rule: The same rule applies to cows and buffaloes and if you have a mixture, then they would be added together. For example, if you have ten cows and twenty buffaloes then Zakat would have to be given. The Zakat given is the calf of the animal that there is more in quantity, e.g. if you have more cows than buffaloes then a calf of a cow would be given. If the amount is equal then the calf of the animal is given that is worth more in value [Alamgiri].

Zakat on Sheep and Goats

If you have less than forty sheep or goats then Zakat is not necessary. Between forty and one hundred and twenty then you would give one goat or sheep, meaning regardless of the quantity between this figure, only one goat is sufficient. Two goats are given for the quantity between one-hundred and twenty one and two hundred. Then upto between 201 and 300, three goats are to be given. Between 301 to 400, four goats are given in Zakat. Then for every hundred extra one extra goat is given and for any goats that are between the hundred mark, then there is no extra Zakat.

Rule: The choice is yours as to whether you give a male or female, however it is necessary that the animal is not younger than one year old. If this is the case then the value of a one year old goat would have to be given [Durr-e-Mukhtar, Bahar]. Lamb, sheep or goat are all regarded as the same and if you do not have a complete set of one kind then they are to be mixed together and you can give sheep or lamb in Zakat but they must be older than one year [Durr-e-Mukhtar]. If someone has a mixture of camels, cattle and goats but none complete their individual Nisaabs then there is no need to add them together and Zakat is not necessary.
Rule: If you have horses, donkeys or mules then even if they are for grazing they are not Saima. If they are for business then they would be treated as business stock and one fortieth is to be given on their value.

ZAKAT ON CROPS AND FRUIT

Which ground is regarded as Ushr (one tenth) and as Nisf Ushr (One twentieth) ?

The Holy Prophet Sallallaho Alaihi Wassallam has stated that the ground that has rainfall falling on it or has a stream of water wetting the ground or is looked after by water from a river or stream then it has to be given in Ushr (one tenth of the crops to be given to charity) and the ground that has to be given water where the water is brought to the ground on an animal etc. then that has to be given as Nisf Ushr (one twentieth of the crops to be given) [Bukhari etc.].

Rule: The farming ground that is watered by rainwater or from a stream then Ushr has to be given i.e. one tenth of the crops have to be given. If the farming ground is watered for some days by natural water and some days from brought water in buckets etc. then if more of the days is used using the natural water and a few days from water in buckets then Ushr is Wajib, otherwise Nisf Ushr [Radd-ul-Mohtar, Durr-e-Mukhtar].
Rule: Land that has been given on rent for farming then the Ushr is upon the farmer to give [Radd-ul-Mohtar].
Rule: If Ushr land has been divided between the cultivator and the landlord then the Ushr has to be paid by both of them. If the land is a taxable source then the tax has to be paid by the landowner [Radd-ul-Mohtar].

Different types of land

Rule: There are three types of land;

1. Ushri

2. Taxable (Khiraji)

3. Non Ushri and non taxable.

It is necessary to give tax on land that is taxable. It is necessary to give Ushr on land that is Ushri or land that is non Ushri and non taxable. Ushri land is that land where it is necessary to give Ushr, meaning whatever grows one tenth of it and taxable land is that land where tax has to be given, meaning that much tax which the king of Islam has fixed, whether it be fixed as a percentage of the crops e.g. one quarter or one third or half or a fixed amount e.g. ten or twenty rupees per acre or something similar to what Hazrat Umar Farooque had fixed.

Rule: If you are aware of what the railing Islamic sultanate has fixed then give that much as long as it is not more that what is fixed in the Hadith by Hazrat Umar Farooque, and where there is no fixed amount mentioned in the Hadith then no more than half of the crops are to be given and it is also a condition that the land is capable of growing the crops [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: If you are hot aware of what the Islamic Sultanate has fixed then give what has been fixed by Hazrat Umar Farooque and if this is not known then give half [Fatawa-e-Razvia].
Rule: Where there is no Islamic Sultanate then people there should themselves spend on the poor and needy and those who themselves have to rely on tax [Bahar-e-Shariat].
Rule: The land in India is not regarded as taxable unless a particular land is proven to be taxable according to Shariat [Bahar-e-Shariat].

For whom and for what is Ushr necessary ?

Rule: It is not a condition to be an adult or to be sane for Ushr to be necessary. Whatever grows on land which is owned by a child or an insane person has to be still given Ushr [Alamgiri, Bahar]. If the person whom Ushr is necessary upon dies and the cultivator is present then the Ushr will be taken off him [Alamgiri, Bahar]. Rule: It is not a condition for Ushr that a whole year has to pass, in fact if in one year in one piece of land crops have grown many times then Ushr has to be given every time [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: Nisaab is not a condition for Ushr, if even on Sa’a is grown the Ushr must be given [Durr-e-Mukhtar, Radd-ul-Mohtar]. If honey is made on Ushri land or on mountains or in the wild then Ushr is necessary on it and in the same way Ushr is necessary on honey that is taken from flowers from the mountains or from the wild, the only condition is that the king of Islam has made necessary precautions for that honey to be protected from poachers, thieves or robbers, otherwise it is not necessary to give Ushr [Durr-e-Mukhtar, Radd-ul-Mohtar]. Ushr is necessary on wheat, barley, corn, oat, rice and all types of linseed, safflower, walnuts, nuts and all types of fruit, cotton, flowers, sugarcane, melon, watermelon, eggplants and all types of vegetables whether a little or a lot has been grown [Alamgiri, Bahar]. Whatever grows in a house or mausoleum (shrine) is neither Ushri or taxable [Durr-e-Mukhtar, Radd-ul-Mohtar]

Land that qualifies as Ushri or Taxable (Khiraji)

Rule: If a Muslim has made a garden in their house and gives Ushri water to it then the land is regarded as Ushr and if taxable water is given then the land is regarded as taxable. If both types of water is given then the land is regarded as Ushri. If a settler (non Muslim) has made a garden in his house then the necessary tax will be taken. Water from the skies, a well, streams, sea etc. is all regarded as Ushri water. If a pool is dug by immigrants then that is regarded as taxable. If infidels had dug a well and it is now in the hands of Muslims or it was dug on taxable land then the water is taxable (Khiraji) [Alamgiri, Durr-e-Mukhtar].
Rule: There are many ways a land is regarded as Ushri, for example, if Muslims won the battle and the land was distributed between the Mujahideens or the landowners themselves converted to Islam. A battle did not occur and some land which was not being used was next to some Ushri land that was taken into farming or that land was given some Ushri water, all the above conditions means that the land is Ushri, there are also other reasons which make the land Ushri and you will find these in larger books.
Rule: There are many ways where land is also regarded as taxable (Khiraji), for example, Muslims won the battle and gave that land to the inhabitants as a favour or gave it to other infidels or that country came into a peace agreement with Muslims , or an immigrant bought Ushri land off Muslims or used Khiraji water on Ushri land then in all these cases the land will be regarded as Khiraji. There are also other reasons where land is regarded as Khiraji.
Rule: If Khiraji land is watered with Ushri water, the land will still remain as taxable.
Rule: The land that is not regarded as Ushri or Khiraji is for example, land that has been won in battle by Muslims and is kept until the day of judgement by Muslims or the owner of a piece of land dies and the land is given in Bait-ul-maal, then in these situations the land is not Ushri nor taxable.

Tax is not counted by giving it to the government -Where can tax (Khiraj) be given ?

Rule: The money that is given to the government for day to day living cannot be counted as Khiraj tax. The tax will remain the responsibility of the owner and it is necessary to give it. The tax is hot only given to the soldiers of Islam but all Muslims, where there is a Masjid being built or for the running of the Masjid or for the salary of the Imam or Mo’azzin or for the students learning Islamic knowledge or for the assistance of the scholars of Islam. Those scholars that give speeches and assist in teaching scholars of Islam and those scholars that remain busy in writing fatawas and for causes such as building bridges or roads etc. tax can be given to all the above reasons [Fatawa-e-Razvia].

WHOM CAN ZAKAT BE GIVEN TO ?

Who is a poor person and is defined as a pauper

Rule: There are seven types of people who can accept Zakat;1. Faqir – poor person2. Misqueen – Beggar 3 Aamil (Designated Person)
3. Aamil (Designated Person)

4. Riqab – Slave

5. Gharim – Person in debt

6. Fee-Sabeelillah – Spent in the path of Allah

7. Abn-isabeel – Traveller
Rule: A Faqir is a person who has some property but not enough to make the qualifying threshold known as Nisaab or he has enough to fulfil the Nisaab but some of or all of the property is part of his basic necessities, such as a house to live in and clothes to wear and servants for his care and tools for his profession, then regardless of how expensive they are, they are not counted in Nisaab and if his savings do no total the Nisaab or he has savings but he is in debt and when his debt is calculated it takes his savings below the Nisaab threshold, then this person is regarded as a poor person [Radd-ul-Mohtar etc.]. Rule: A Misqueen is a person who has nothing and is desperate even for shelter or for clothing to cover his body and has to resort to begging. Rule: It is allowed for a Misqueen to beg and it is not allowed for a Faqir to beg. This is because if a person has enough for food or clothing to cover themselves then it is Haram for a person to beg [AlamgiriJ. Rule: An Aamil is a person who has been designated by the leader of Islam to collect money from people for Zakat. He should be given enough so that his and his helpers expense can be fulfilled whilst collecting the Zakat money. He should not be given so much that whatever he has collected, his expense is more than half that amount [Durr-e-Mukhtar etc.]. Rule: Riqab means to give money to a slave so that with this money he can free himself from his master and become a free man.
Rule: Gharim means a person who has so much debt, that by paying it off he would not have enough left to fulfil the Nisaab [Durr-e-Mukhtar].
Rule: Fee-Sabeelillah means to spend in the path of Allah. There are many ways this can be done. If a person wishes to go to Jihad (battle for Islam) and he does not have the necessary means for weapons and goods then he can be given Zakat, even if he has the power to earn the money. If a person wishes to perform Hajj and he does not have the means to do this then he can be Zakat to perform Hajj, however, it is not allowed for him to ask or beg for the money. If a student who is studying religion can be given Zakat and this student can even ask or beg for the money when he has specifically reserved himself for the learning of Islamic knowledge, even if he has the power to earn the money In the same way, Zakat can be spent in all pious activities where the condition is that the person taking the Zakat will become the owner of the money, if the intention is not to make the person the owner then Zakat will not be fulfilled [Durr-e-Mukhtar, Bahar].
Rule: There are many people who send their Zakat money to poor Madressas, they should make sure that they tell the trustees of the Madressa that this money is Zakat money, so that the Trustees can keep the money separate and spend it on the poor children who are studying, otherwise if they are unaware then they may spend the money on other causes, whereby the Zakat will not be fulfilled [Bahar-e-Shariat]. Ibn-e-Sabeel means a person who is travelling and his money has finished then he can take Zakat, even if he has goods or money at home, however, he can only take so much that his needs can be fulfilled and not more as this would not be allowed.
Rule: It is necessary when giving Zakat that the person whom Zakat is being given to is made the unconditional owner and not just the keeper. Therefore, to spend Zakat money or goods on a Masjid or to buy a Kafan (shroud) for a deceased person or to pay off a debt of a deceased person or to free his slave or to make a pathway, road, bridge etc. or to have dug a well or stream for water or to buy books and then give them away is all not sufficient and Zakat would not be fulfilled by doing this until you make a Faqir the owner of the Zakat money, however, when the Faqir becomes the owner of the goods or money, he can then spend the money in these causes if he wishes [Johra. Tanveer, Alamgiri etc.].
Rule: You cannot give Zakat to your immediate parents or grandparents (maternal or paternal) i.e. whom we are children of and nor can you give Zakat to your children or grandchildren. In the same way you cannot give them Sadqah, Fitra, Kaffara or Nazr. As far as Voluntary Sadqah is concerned then this can be given and in fact it is better to give them this [Alamgiri, Durr-e-Mukhtar, Bahar].
Rule: Zakat can be given to the daughter-in-law or son-in law or to your stepmother or stepfather or you wife’s children (from a previous marriage) or your husband’s children. You can give Zakat to any of your relatives for whom you are responsible for their maintenance as long as you do not include the money into the maintenance account [Radd-ul-Mohtar]. A wife cannot give Zakat to her husband nor can a husband give Zakat to his wife. However, if a man divorces his wife and he can then give her Zakat after the iddat (probationary period) is over [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: You can give Zakat to the wife of a rich person as long as she is not the owner of Nisaab and the same applies to a rich person’s father if he is a Faqir [Alamgiri].
Rule: You cannot give Zakat to a rich man’s non adult children, however, if a rich man’s children are adults and they are a Faqir, then you can give them Zakat [Durr-e-Mukhtar, Alamgiri].
Rule: If a person after basic necessities is the owner of Nisaab, then he cannot be given Zakat. Meaning after the basic necessities he has enough goods or money that totals to two hundred Dirhams (Approx. £400). Even if Zakat is not necessary on this amount, i.e. if a person has six tolas (70 grammes) of gold then this does not complete the Nisaab to give Zakat as the Nisaab is 88 grammes to give Zakat, but this person cannot be given Zakat money. Also for example, if a person has twenty cattle and this totals two hundred Dirhams then this person cannot be given Zakat, even though Zakat does not become necessary on twenty cows.
Rule: A house, food to eat, clothing to wear, a servant, animal or vehicle for travelling, tools for working, books for a student which are being used for his study are all regarded as goods for basic necessities.
Rule: A healthy person can be given Zakat even if he has the strength to earn money, although he cannot beg for money [Alamgiri]
Rule: If a person has diamonds or pearls and they are not for business use then it is not necessary to give Zakat on them, although if they reach the Nisaab threshold then the owner cannot take Zakat [Durr-e-Mukhtar etc.].
Rule: You cannot give Zakat to people belonging to the BaniHashim family. BaniHashim family means children of Hazrat Ali, Hazrat Ja’far, Hazrat Aqueel, Hazrat Abbas, Hazrat HarisIbne Matlab [Alamgiri, Durr-e-Mukhtar etc].
Rule: If the mother is Hashmi or a Sayyeda and the father is not a Hashmi then they are not regarded as Hashmi, because according to Shariat the family tree (Nasab) is from the male and therefore they can be given Zakat as long as they qualify for Zakat [Bahar-e-Shariat].
Rule: Voluntary Sadqa and Lillah can be given to Bani Hashim [Durr-e-Mukhtar, Bahar].
Rule: An immigrant infidel (Zimmi) cannot be given any Zakat or Sadqa Wajiba (such as Nazr, Kaffara, Sadqa, Fitr) and it is not allowed to give any type of Sadqa to an infidel visitor even if the visitor has gained permission to enter the Islamic country by the authorities (visa) and they cannot even be given any voluntary Sadqa such as a gift, money etc. Although India is a place where Islam is recognised (Daar-ul-lslam), the infidels in India are not immigrants (Zimmi) and they cannot be given even voluntary money as this is not allowed [Bahar-e-Shariat].
Rule: Whatever people that qualify for taking Zakat that has been mentioned, the condition has to be that they all must be Faqirs except for an Aamil as they do not need to be a Faqir to qualify for taking Zakat and the other exception is Ibn-e-Sabeel as even if they are rich they are regarded as a Faqir when they are on a journey and they run out of funds. Except for these two, no other person can be given Zakat unless they are a Faqir [Durr-e-Mukhtar, etc.].

Who should be given preference when giving Zakat

Rule: It is better when giving Zakat, Sadaqa etc. that it should be given to your own brothers and sisters, then to their children, then to your paternal uncles and aunts and then to their children, then to your maternal uncles and aunts and then to their children and then to people living in your home village or town [Johra, Alamgiri etc.]. It is quoted in the Hadith Sharif that Allah Ta’ala does not accept those people’s Sadaqat whose relatives are in need of it and they give the money to others [Radd-ul-Mohtar].
Rule: It is not allowed to give Zakat to Bad Mazhabs i.e. people who belong to a wrong sect [Durr-e-Mukhtar]. In the same way it is not allowed to give Zakat to those renegades who claim to be Muslims from their mouths but lower the dignity of Allah and His beloved Prophet or reject other obligatory beliefs of Islam [Bahar etc.].

Who can beg or ask for financial help

Rule: That person who has food for today or has the strength to go out and earn then it is not allowed for him to beg and if someone gives him food or money without him asking for it then he is allowed to take it. If a person has food but does not have clothes to wear then he can beg for them. If a person is going or is involved in Jihad or is a student learning Islamic knowledge then they can beg for assistance even though they may be healthy enough to earn for themselves. Just as it not allowed for people to beg, it is not allowed for people to give them aid when they beg for it as the giver will also be committing a sin [Durr-e-Mukhtar, Bahar].

Begging is a degrading act

Rule: To beg is a very degrading act and should not be done unless it is absolute necessary. It is proven in Hadiths that to beg without necessity is Haram and the person begging is eating Haram food [Muslim, Abu Da’ud, Nisaa’ee etc.]. The Holy Prophet Sallallaho Alaihi Wasallam has stated that ‘those who wish to refrain from begging, then Allah will protect them from begging, and those who wish to become rich, then Allah will make them rich and those who wish to be patient then Allah will give them patience [Bukhari, Muslim, Tirmizi etc.]. It has also be reported that the person who opens the door to begging then Allah opens the door of need for him [Ahmad, Tibrani]. The Holy Prophet has also stated that ‘those who beg and they have enough to satisfy them then they are wanting fire as the extra, people asked how much is the amount where a person cannot beg, the Holy Prophet replied ‘food for morning and night’ [Abu Da’ud, Ibn-e-Hubaan, Ibn-e-Khuzaima].

SADAQA AND FITRA

The Holy Prophet Sallallaho Alaihi Wasallam has stated that ‘ a servant’s fast remains stuck between the earth and sky until he gives Sadaqa-e-Fitra [Delami, Khateeb, Ibn-e-AsaakarJ.

Rule: Sadaqa -e-Fitr is Wajib and the time to give it is the whole lifetime, meaning if you have not given it then give it now as the responsibility will not go away until it is given and when giving it, it will not count as Qaza, but will remain as Adaa, even though it is Sunnat to give it before the Eid Namaz [Durr-e-Mukhtar, etc.].
Rule: The Sadaqa-e-Fitr becomes Wajib on Eid morning from the break of dawn, and therefore if a person dies before the break of dawn on Eid day or becomes a Faqir then the Sadaqa will not become Wajib for them [Alamgiri].
Rule: After the dawn has broken on Eid day then a child is born or an infidel becomes a Muslim or a Faqir becomes rich then the Sadaqa-e-Fitr does not become Wajib for them [Alamgiri].
Rule: If before the dawn has broken on Eid day a child is born or an infidel becomes a Muslim or a Faqir becomes rich then Sadaqa-e-Fitr is Wajib upon them [Alamgiri].
Rule: If a person dies after dawn has broken then Sadaqa-e-Fitr becomes Wajib upon them [Alamgiri].
Rule: Sadaqa-e-Fitr is Wajib upon all Muslims who are free (not a slave) and are the owners of Nisaab (i.e. additional to the basic necessities), in this to be sane and be an adult is not a condition nor is it a condition for the goods or money to be within your possession for over a year [Durr-e-Mukhtar].

Whose Sadaqa-e-Fitr is Waiib upon who ?

Rule: It is Wajib on a man who is the owner of Nisaab to give Sadqa-e-Fitr for himself and for his children, as long as the children are not the owner of Nisaab themselves and if they are then the Sadqa for them will have to be given from their goods. It is Wajib to give Sadqa of a mental child even when they reach adulthood upon the father as long as the child is not the owner of Nisaab themselves, and if they are the owner of Nisaab then the Sadqa will be given from their goods [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: For the Sadqa-e-Fitr to become Wajib it is not necessary that you have to fast, therefore if a person does not fast due to a religious exemption such as on a journey or illness or old age or may Allah protect for a non valid reason a person misses a fast or all fasts then the Sadqa-e-Fitr is still Wajib upon them [Radd-ul-Mohtar, Bahar].
Rule: If there is no father then the grandfather (paternal) is the guardian and therefore it is Wajib on them to give the Sadqa-e-Fitr on behalf of their grandchildren.
Rule: A man is not responsible for the Sadqa-e-Fitr of their wife or adult children even if they are physically disabled, even if he is responsible for their maintenance [Durr-e-Mukhtar, Bahar etc.].

Quantity of Sadqa-e-Fitr

The quantity of Sadqa-e-Fitr is half a Sa’a of wheat or it’s flour or instead of this half a Sa’a of it’s mixture with barley, or one Sa’a of dates or raisins or barley or it’s flour or instead of this one Sa’a of it’s mixture [Hidaya, Durr-e-Mukhtar, Alamgiri etc.}. Rule: It is better to give the flour of wheat or barley rather than the grains and it is better than that to give the monetary value, whether you give the value of wheat, barley or dates. However, during a price war or famine it is better to give the goods than money. If money is given for bad wheat then subsidise the rest of the money with the money of good wheat [Radd-ul-Mohtar].

The weight of a Sa ‘a

After great study and analysis it is suggested that the price at present (however, this can increase) two pounds and fifty pence (£2.50) The price of half a Sa’a is one pound and twenty five pence (£1.25). One Sa’a is four pounds and six and a half ounces (4lb, 6.5ozl and half a Sa’a is two pounds and three and a quarter ounces (2lb 3 25 ozi For the sake of ease it is better to give four and a half pounds of (4 5lb) barley or dates or two and a quarter pounds (2.25lb) of wheat for each person as Sadqa-e-Fitr.

Who should be given Sadqa-e-Fitr ?

The same people qualify for giving Sadqa-e-Fitr as those who qualify for giving Zakat to except for an Aamil An Aamil can be given Zakat but not Sadqa-e-Fitr [Durr-e-Mukhtar, Radd-ul-Mohtar].

QURBANI – (SACRIFICE)

Definition of Qurbani

Qurbani is a worship with goods and is Wajib upon every rich person. To sacrifice a specific animal on a specific day for the sake of Allah for the intention to gain reward is called a Qurbani. Qurbani is Wajib upon every Muslim who is not a traveller and is the owner of Nisaab and is a free person.

Who is Qurbani Wafib upon ?

Rule: Just as Qurbani is Wajib upon all males it is also Wajib upon all females [Durr-e-Mukhtar, etc]. Rule: Qurbani is not Wajib upon a traveller, however, if he wishes to perform it voluntarily, then he can do so and will gain reward [Durr-e-Mukhtar, etc]. The owner of Nisaab means to have as much goods in addition to the basic necessities an amount of two hundred Dirhams (approx. £300-£400) [Durr-e-Mukhtar, Alamgiri, etc.].
Rule: Whoever has two hundred Dirhams or twenty Dinars in addition to the basic necessities or is the owner of goods that equal to two hundred Dirhams etc. then according to Shariat that person is rich and Qurbani is Wajib upon them [Alamgiri etc.].

Time of Qurhani

The time of Qurbani is from the break of dawn of the 10th of Zil Hajj to sunset on the 12″1 of Zil Hajj, meaning three days and two nights. However, it is better to perform it in the morning of the 10″1, then 11th, then 12th.

Rule: If the Qurbani is performed in a city then the condition is that it is performed after the Eid Namaz and because there is no Eid Namaz in villages and outskirts then it can be performed after the break of dawn.
Rule: It is necessary to perform Qurbani at the time of Qurbani, therefore, if that much money or the same amount of goods to the value of an animal is given then the responsibility of Qurbani will not be fulfilled [Alamgiri etc.].
Rule: If the time of Qurbani has passed then a Qurbani can no longer be performed and if you had purchased an animal for Qurbani then give it as Sadqa or give the amount of money equivalent to the value of a goat as Sadqa [Darr-e-Mukhtar, Alamgiri, etc.]

Rules of Qurbani

Once the conditions of Qurbani are fulfilled (as mentioned above), then to sacrifice one goat or sheep or lamb or one seventh of a camel, cow, buffalo is Wajib and no less than this can be performed. If a person’s share of a large animal is less than one seventh then their share of the Qurbani will not count (meaning, if eight people are jointly sacrificing one large animal then only seven of these people’s Qurbani will count). If there are less than seven people jointly performing Qurbani and the parts divided are equal to at least one seventh per person then the Qurbani will count.

Rule: Every person that is jointly performing Qurbani have to make the htention that they are doing it to gain reward and not just to gain the meat and therefore a person wanting to perform an Aqueeqa can also join in as this is done to gain reward [Radd-ul-Mohtar].

Method of performing Qurbani

The animal that is going to be sacrificed should be fed and given water. The knife that is going to be used should be sharpened beforehand, but not in front of the animal. The animal should be laid on it’s left side with it’s face pointing towards the Qibla and the person slaughtering the animal should put their right foot on the animal and quickly slaughter the animal using a sharp knife. Before slaughtering the animal, this Dua should be prayed;

“Inni Wajjahto Waj’hiya Lillazi Fataras Samaawaat’e Wal’arda Hanifaw Wamaa Anaa Minal Mushrikeena, inna Salaati Wa Nusooki Wa Mah’Yaaya Wa Ma’maati Lillahi Rabbil Aalameen. Laa Shareeka Lahu Wa Bizaalika Umirtu Wa Anaa Minal Muslimeena Allahumma Laka Waminka Bismillahi Allahu Akbar”.

As soon as you finish praying the Dua, start cutting with the knife. If the Qurbani is from yourself then after slaughtering pray this Dua;

“Allahumma Taqabbal Minni Kamaa Taqabbalta Min Khaleelika Ibraheema Alaihis Salaam Wa Habeebika Muhammadin Sallalaho Alaihi Wasallam”

When slaughtering cut all four veins (in the throat) or at least three veins and so that the knife reaches the back of the throat and it should not be cut more than that as it would cause unnecessary pain for the animal. As soon as the animal goes cold then cut the feet and take off the skin. If you have slaughtered the animal on behalf of someone then at the point where you pray “Minni” pray “Min Falaa” (meaning their name). If the animal is bought jointly and there are more than one person involved in the partnership of the animal such as a cow, camel, buffalo etc. then all their names should be said in place of ‘Falaa’.

Rule: If someone else is performing the slaughter for you then it is better to be present.

Rules of meat and the skin

If the animal is bought jointly then the meat should be weighed and equally distributed. It should not be divided roughly because if it is divided un-equally then even if the person receiving less, forgives them it will not be forgiven as the right is as per Shariat [Radd-ul-Mohtar, Bahar]. Then split your share into three parts and give one third to the poor as Sadqa, one third to your relatives and one third for yourself and eat the meat yourself and give some to your wife and children. If you have a lot of children and a large family then you can keep all the meat for yourself and if you so wish you can give all of it to Sadqa, however, it is better to keep one part of yourself.

Rule: If you have performed a Qurbani on behalf of a deceased person then the rule of the meat is the same, however, if the deceased had requested for the Qurbani then give all the meat away as Sadqa.
Rule: If the Qurbani is from a deceased person then the meat cannot be eaten by yourself nor Can it be given to a rich person, but it is Wajib to give all the meat away as Sadqa [Bahar].
Rule: It is Mustahhab for the person performing the Qurbani to eat the Qurbani meat as the first food of the day [Barraur-Raiq].
Rule: The meat of the Qurbani should not be given to infidels.
Rule: The animal’s skin, reins, saddle etc. should all be given in Sadqa. You can use the skin for yourself and make something out of it e.g. a leather bag or a mat for praying Namaz on. However, you cannot sell the skin and use the money for yourself, if this is done then the money has to be given as Sadqa [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: Nowadays people usually give the skins to Madressas, this is allowed and if you sell the skin with the intention to give the money to the Madressa then this is also allowed [Alamgiri, Bahar].
Rule: The meat of the Qurbani cannot be given to the person performing the Qurbani or skinning the animal as labour or salary. If however, you give it as a gift as you would do to friends then this is acceptable, but you cannot include it as a form of payment for his work [Hidaya etc.]. Rule: There are many places where the skin is given to the Imam. This should not be given as part of his salary but can be given as a gift or assistance [Bahar-e-Shariat].

Which animals can be used for Qurbani

Animals for Qurbani – Camel, cow, buffalo, goat, ewe (male or female), eunuch, large eunuch can all be used for Qurbani [Alamgiri].

Rule: Wild animals such as deer, white antelope, reindeer cannot be used to perform Qurbani. Rule: A sheep or lamb are included in the eunuch category.

Age of a Qurbani Animal

Rule: A camel must be at least five years old, a buffalo must be at least two years old and a sheep or lamb or goat at least a year old. If they are younger than this then the Qurbani will not count. However, if a lamb or a eunuch’s young is so big at six months that by looking at it from a distance it looks to be a year old then it can be used for Qurbani [Durr-e-Mukhtar].

What should a Qurbani Animal be like ?

Rule: A Qurbani animal should be big and healthy and should not have any faults. If there is a small fault with the animal then the Qurbani will count but is Makrooh and if there is a big fault then the Qurbani will not count [Durr-e-Mukhtar, Radd-ul-Mohtar. Alamgiri]. Rule: If a bull has no horns from birth then it is allowed and if the horns have been broken upto the root then it is not allowed to use it for Qurbani and if they are a little broken then it is allowed [Alamgiri, etc.]. Rule: A blind, lame, cross-eyed, mad, cut-ears, cut-tailed, toothless, cut-teats, dried teats, cut nosed, deaf from birth, a hermaphrodite (where an animal’s both sexual organ’s exist), an animal that only eats impurities then all of these animals cannot be used for Qurbani [Durr-e-Mukhtar, Bahar].
Rule: If the illness is small and the lameness is not that bad so that the animal can walk upto the slaughter-house or the ears, nose etc. are less than a third cut then the animal can be used for Qurbani [Durr-e-Mukhtar, Hidaya, Alamgiri].
Rule: If when performing the Qurbani the animal jumped and shook and due to this it became faulty then there is no harm [Durr-e-Mukhtar, Radd-ul-Mohtar].
Rule: If you performed a Qurbani and found that there is a live born inside then that should also be slaughtered and can be made use of, and if the young inside is dead then it should be thrown away [Bahar-e-Shariat].
Rule: If after purchasing and before the Qurbani the animal give birth then the new-born should also be slaughtered and if it is sold then the money should be given away as Sadqa and if it is not slaughtered before the Qurbani then give it away live as Sadqa [Alamgiri, Bahar].

NOTICE: Just look at our master and king the Holy Prophet Hazrat Muhammad Mustapha Sallallaho Alaihi Wasallam’s big heart and concern that he made a Qurbani on behalf of his Ummat and thought of us, therefore, if a Muslim can then they should perform an additional Qurbani on behalf of the Holy Prophet then it would be a very good and fortunate act [Bahar-e-Shariat].

AQUEEQA

Definition of Aqueeqa

Due to the happiness of when a child is born, the animal that is slaughtered is known as an Aqueeqa.

When should an Aqueeqa be performed

Rule: An Aqueeqa is Mustahhab and it is better to perform it on the seventh day. If it cannot be performed on the seventh day then perform it whenever possible and the Sunnat will be fulfilled.
Rule: Two goats should be slaughtered for a son and one goat for a daughter, also a male animal for the boy and a female animal for the girl, if however, if this is vice-versa then it is also accepted. If you cannot afford to slaughter two then for the boy one female goat would also do.
Rule: If you slaughter a cow or a buffalo then for the boy you would specify two parts and for the girl one part. Rule: You can mix parts of Aqueeqa with a Qurbani animal. The same conditions apply for an Aqueeqa animal as for the Qurbani animal.

What should be done with the Aqueeqa meat ?

Rule: The meat of the Aqueeqa should be given to the poor, friends and relatives raw or cooked, or it can be served as a meal and all the people invited, in all cases it is allowed.
Rule: For pious prediction don’t break the bones and if you do break them then this is not forbidden. You can cook the meat in whichever way suits you but to cook it salty is a means that the child will become with good characteristics.
Rule: The Aqueeqa meat can be eaten by all relatives such as mother, father, grandfather, grandmother etc.
Rule: The rule for the skin of the Aqueeqa is the same as for the Qurbani animal, meaning you can make use of it yourself or give it to someone or give to a Madressa or Masjid.

Dua for Aqueeqa

When slaughtering the animal for Aqueeqa, pray this Dua;

“Allahumma Haazihi aqueeqatu ibn-e-Falaa (Instead of Ibne Falaa state the your child’s name if you are slaughtering the animal yourself, and if someone is performing the Aqueeqa on behalf of someone then say the child and the child’s father’s name) Damuhaa Be-Damihi Walah muha Bi Lahmihi Wa’azmuha Be-Azmihi Wa Jilduha Be-Jildihi Wa’Sha’ruha Be Sha’rihi Allahummaj Alha Fi’da’al Li’lbne Minannaar’e Bismillahi Allahu Akbar”

If the child is a girl then pray this Dua ;

“Allahumma Haazihi aqueeqatu Binti Falaanatan (Instead of Falaa state the name) Damuhaa Bi damihaa Walah’Muhaa Bilah’Mihaa Wa’azmuhaa Bi azmiha Wajilduha Bijildiha Washa’ruha Bisha’riha Allahummaj Alhaa Fida’al libinti (if the daughter is yours, and if it is someone else’s then say Bint Falaa) Minanaaar’e Bismillali Allahu Akbar”

If you do not know this Dua then by just praying Bismillahi Allahu Akbar the Aqueeqa will be complete [Bahar-e-Shariat].

Wallaahu Ta’ala A’lama Wa’ilmahu Ahkam Wa’atam Wa Sallalaho Alaihi Wasallam”

Alhamciolillah – The translation of this book (Vol.1) was completed on the 11″‘ of Ramadhan 1418 al Hijri.

May Allah Subhana Wa Ta’ala with the Wasila of His most beloved Prophet Salallaho Alaihi Wasallam accept this work and reward the Isaal-e-Sawab to Hazrat Huzoor Mufti Azam Hind Mustapha Raza AI-Qadri Razvi Noori Alaihi Rahmat-o-Wa Rizwan. Ameen.

Alhaj Muhammad Salim Ghisa Qadri Razvi

Women In Her Childhood

Women In Her Adulthood

Women After Marriage – Part 1

Women After Marriage – Part 2

Women After Marriage – Part 3

Women After Marriage – Part 4

Equality of Man and Woman

Question Answers

A Husband Duties towards his Wife

A Woman Duties towards her Husband

Arabic Books on the Justification of Milad

المؤلفات في المولد النبوي الشريف

E-Numbers Listing

E-Numbers Listing

E-Numbers Briefing

Complex Ingredients

Ingredient Types

Enmity and Jealousy

Circumcision

Miscellaneous

The Interest Usury (Sood or Ribah)

Undesriable (Makrooh) Deal

Business Transactions

Iddat

Istisna

The Divorce

Nikah

The Dignity of Madina

Hunting of Animal

Umrah

The Hajj

Zakat (Alms to the Poor)

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