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Sunday, 27 July 2014

Marriage without permission of a Wali is allowed


Marriage without permission of a Wali(guardian) is allowed?

Is permission of parents is necessary for marriage?


Can I marry without the permission of my parents?  
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Introduction

Women require a wali (guardian) who ensures and secures their rights. The question over here is whether the woman needs permission from her wali to marry or whether she has the right to marry anyone whom she likes without permission. The Shafi’i, Maliki and Hanbali schools say that nikah entered into by a woman herself, without the permission of her wali, is invalid and void. The Hanafi ruling on this matter is that a woman can enter into a marital contract by herself without permission from her wali. The definition of such a “woman” will come later on and it does not incorporate every woman.

The position of all the four schools in Ahl al-Sunnah wal Jama’a is that the rulings of all four schools of thought are valid. However, the ghair muqallid accuse the Ahnaf of following an opinion contrary to hadith. This allegation of theirs is quite baseless and it is only due to their superficial knowledge of hadith as well as of the ruling of the Hanafi school that they raise such allegations.

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Hanafi Position

Before we go into the evidences, it is better to clarify what the Hanafi position is regarding this matter. It is stated that an adult, sane woman, virgin or previously married, has the right to carry out her nikah without the permission of her wali (guardian) to someone who is suitable. This step is to be used as a last resort when all other steps have been exhausted to obtain permission from the father. It is stated in Imdad ul-Mufteen pg 440:

“Nikah of a woman without permission of father is valid but if this woman marries without permission in the absence of a valid legal reason, then she is sinful. Firstly, it is a sin to displease the father without any valid cause. Secondly, to marry without permission of the wali is also a shameless act and not void of sin.”

Hence it is seen that a woman should marry herself off to someone suitable only if it is extremely necessary. However, if the woman marries herself off to someone who is unsuitable, then such a marriage has not taken place. It is stated in Durr al-Mukhtar vol.2 pg 29:

“If a woman marries a ghair kufu’ (unsuitable) man without the permission of her wali, then this is invalid.”

The marriage will only be valid if the woman marries a kufu’. If her wali, however, gives permission for her to marry a non-kufu’ then the marriage will be valid.

This was the gist of the Hanafi position regarding marriage of an adult, sane, free woman who is a virgin or previously married, without the wali’s permission.

Evidence for Maliki, Shafi’i and Hanbali schools

Qadhi Abu’l Waleed Muhammad bin Ahmed Ibn Rushd Maliki (rh), in Bidayatul Mujtahid vol.2 pg. 6-7, writes:

“Imam Malik (rh), in Ashhab’s narration from him, said that there is no marriage without a guardian and that it (guardianship) is a condition of validity.
. . . .The fourth opinion is Malik’s (rh), as derived from ibn al-Qasim’s narration that its stipulation as a demand is Sunnah, but not Fardh. This is because it is narrated from him that he used to view inheritance among parties married without a guardian (as valid), and permitted an unchaste woman to appoint a man as her guardian for her marriage, and he held as recommended that a deflowered woman present a guardian who could contract on her behalf. Thus, guardianship for him is one of the complementary demands and not a condition for validity, as against the statement of Malik’s (rh) disciples from Baghdad, who consider it a condition of validity and not that of perfection. The reason for their disagreement is the absence of a verse or tradition that is apparent, not to say explicit, about the stipulation of guardianship as a condition of marriage.”

In Sharh Muslim vol.9 pg 205 [Publication: Matba'a Misriyya bil Azhar; 1929], Imam Nawawi (rh) states:

“There is disagreement in the issue of permission by wali for the nikah to be valid. Imam Malik (rh) and Imam Shafi’i (rh) have said the validity of the nikah rests on the permission of the wali.
. . . .Imam Malik (rh) and Imam Shafi’i (rh) have derived their opinion from the hadith ‘la nikah ila biwali’ (There is no nikah without wali).”

It is stated in al-Mughni vol.7 pg 5, by Ibn Qudama (rh):

“Nikah without wali is not valid and a woman can neither do her own nikah nor do someone else’s nikah. A woman cannot make a non-wali her wali and if she does this then such a nikah will be invalid. ‘Umar, ‘Ali, Ibn Mas’ud, Abu Hurraira (rha) and ‘Ayesha (raa) had the same view. Sa’eed bin Musaib, Hasan, ‘Umar bin Abdul Aziz, Jabir bin Zaid Thawri, Ibn Abi Laila, Ibn Shabirma, Ibn al-Mubarak, Shafi’i, Ishaq and Abu ‘Ubaid also hold the same opinion. And it is narrated from Ibn Sireen, Qasim bin Muhammad, Hasan bin Salih, Abu Salih and Abu Yusuf that nikah without permission of wali is not correct and if she does the nikah then the validity depends on the permission of the wali.
. . . .And our evidence is the hadith where Prophet Muhammad ﷺ has said ‘la nikah ila biwali’ (There is no nikah without wali). Imam Ahmad (rh) and Yahya (rh) have declared this hadith to be sahih.”


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Evidence by the Hanafi School

The hadith ‘la nikah ila biwali’ is reported in Jami’ Tirmidhi, Kitab an-Nikah, as follows:

“Abu Musa (ra) reported that Allah’s Messenger ﷺ said, ‘Marriage is not performed if (consent of the) guardian is not there.”

This hadith has also been reported in Ahmad, Abu Dawood, Ibn Majah and Darmi.

Maulana Shah Abdul Haq Muhaddith Dehalwi in Ashi‘-‘at al-Lama’aat, Sharh Mishkat vol.4 pg 286 writes:

“There has been kalam (discussion) whether this hadith is sahih or not. Many a’imma hadith do not accept it to be sahih.”

In Sharh Ma’ani al-Athar vol.3 pg 17-18, Imam Tahawi writes:

“The people of the first opinion (la nikah ila biwali) consider as evidence that which has been narrated from Abu Ishaq through Israel. He narrates from Abu Barda who narrates from his father that the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) the wali.’
So the evidence against them is that according to their rules it is not correct to use this hadith as proof because those people who have stronger memory than Israel, like Sufyan and Shu’bah, have narrated it ‘munqati’an’ (broken) from Abu Ishaq.
. . . .If they say Abu ‘Awanah narrated this hadith marfu’an like Israel, Abu ‘Awanah narrates from Ishaq who narrates from Abu Burdah who narrates from Abu Musa that, the Prophet Muhammad ﷺ said, ‘no nikah without (consent of) wali.’
Then we will say that this hadith has been narrated through Abu ‘Awana like you have said but we have checked the origin of the hadith and it is narrated from Abu ‘Awana from Israel and he narrates it from Abu Ishaq and thus the narration of Abu ‘Awana also returns to Israel.
Mu’alla bin Mansoor Razi says that Abu ‘Awana narrated to me from Abu Ishaq through Israel from his sanad similar to this.
Hence this negates that Abu ‘Awana had anything from Abu Ishaq directly.”

Dr. Maulana Fadhal Ahmed, in his commentary on the English translation of Jami’ Tirmidhi vol.1 pg 403 has noted:

“As for the hadith of Abu Musa (ra) it is not a worthy piece of evidence because there is a contradiction in its reporting and connection. Imam Tirmidhi (rh) has himself confirmed this. Hence, the correct position is that this hadith is mursal, as Imam Tahawi also confirms, while Ibn Hajr Asqalani (rh) said that it is not correct to deduce from it.”

A slight variant of this hadith is reported in Ibn Majah as follows:

حدثنا ‏ ‏أبو كريب ‏ ‏حدثنا ‏ ‏عبد الله بن المبارك ‏ ‏عن ‏ ‏حجاج ‏ ‏عن ‏ ‏الزهري ‏ ‏عن ‏ ‏عروة ‏ ‏عن ‏ ‏عائشة ‏ ‏عن النبي ‏ ‏صلى الله عليه وسلم ‏ ‏و عن ‏ ‏عكرمة ‏ ‏عن ‏ ‏ابن عباس ‏ ‏قالا

“The prophet ﷺ said, ‘There is no nikah without (the permission of) the wali,’ and in the narration of ‘Ayesha it is added, ‘the sultan is the wali of the person who has no wali.’”

Abul Hasan Muhammad bin Abdul Hadi as-Sanadee, in Sunan Ibn Majah bi Sharh as-Sanadee wa Misbah az-Zujajah fi Zawa’id Ibn Majah vol.2 pg 428 [Publication: Darul Ma’rifah, Beirut; 1996], comments on this hadith:

“According to al-Zawa’id, its isnad contains in it al-Hajjaj who is Ibn Artaah. He is mudallis. He has transmitted it through ‘an‘ana and he has not heard from ‘Ikrama. He transmits from ‘Ikrama on the authority of Dawood bin al-Husain. Imam Ahmad held this opinion. Hajjaj did not hear from Zuhri. ‘Abbad bin Zuhri said this. Sulaiman bin Musa is in agreement with him in it and he is reliable. Zuhri reported ‘Ayesha (raa) on the authority of ‘Urwa as saying the word: ‘Any woman who marries without the consent of her guardian (her marriage) is invalid,’ as the scholars of sunan transmitted it. I said: ‘The scholars and devotees of hadith have criticized this isnad also.’”

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Another strange point is observed by Maulana Muhammad Qasim Amin, in his brief commentary of the Urdu translation of Sunan Ibn Majah, where he writes that Shafi’i generally do not accept Hajaj bin Artaah and Ibn Luhai’ah but in this case they are using their narration as evidence. He further adds in, Sunan Ibn Majah vol.2 pg 31:

“Some hadith experts have stated that three ahadith are not proven to be from the Prophet Muhammad ﷺand one of them is the hadith ‘la nikah ila biwali’ and this is why it has not been recorded in the Sahihain; there is extreme ikhtilaf in the hadith.”

Allama Badruddin al-‘Ainee, in ‘Umdatul Qari, vol.20 pg 165 [Publisher: Darul Kutub al-‘ilmiyyah; 2001] comments on a similar hadith narrated from Abu Huraira:

“As for the hadith of Abu Hurairah, al-Mugheerah ibn Musa is in the chain of narrators about whom Bukhari said, ‘munkar al-hadith’ and Ibn Hiban said, ‘he narrates from people of trust that which does not resemble confirmed hadith,’ so he is not taken as hujjah anymore.”

Further, these ahadith cannot be taken to be general and apparent in meaning as they will then act as evidence against those who oppose the Ahnaf. As Imam Shafi’i (rh) deems the nikah of an adult man without wali to be permissible, these ahadith will go against Imam Shafi’i (rh) as they do not mention whether the condition is restricted to males or females. Hence if the apparent and general meaning is taken then the nikah of an adult male will also be void without a wali, thus going against the opinion of Imam Shafi’i.

The hadith of ‘Ayesha (ra) is reported in the following words in Jami’ Tirmidhi:

“‘Ayesha (raa) reported that Allah’s Messenger ﷺ said, ‘If any woman marries without the consent of her guardian then her marriage is void. Her marriage is void. Her marriage is void. If he cohabits with her then for her is the dower as the man enjoyed her. And if her awliya dispute with each other then the ruler is the wali of the one who has no wali.”

Mufti Ahmed Yar Khan Na’eemi, in Mir’atul Manajih vol. 5 pg 48 writes:

“This hadith is da’eef and troubled just like the one preceding it. . . .Ibn Jareej says, ‘I asked Ibn Shuhab about this hadith and he denied it (Mirqat).’”

Maulana Manzoor Ahmed, in Fadhl al-Ma’bud vol. 3 pg 285, writes:

“Zuhri denied this hadith”

Maulana Mohammad ‘Aqil, in Ad-Durrul Mandhud vol.4 pg 35, says:

“One of the replies given in regards to this hadith is that its da’eef and it has Sulaiman bin Musa in the chain of narrators and he is weak. Bukhari said it was weak and Nasai said something (wrong) is in this hadith.”

However, we will take all these ahadith to be of a sound chain. Yet, as explained previously, their apparent meaning cannot be taken. Even in this hadith, note that it mentions, if the man cohabits with the woman then she will get the dower. Dowry is something that is given to the wife. If the nikah would have been invalid, like how the opposition of the Ahnaf state, then this is a case of zina (fornication). And zina cannot be legalized by paying dowry to the woman. Thus it is obvious that “her marriage is batil (void)” cannot be taken literally to mean that the nikah never took place.

It is also important to note that the hadith which the opposition quotes from ‘Ayesha (raa) is contrary to her action. Ghulam Rasool Sa’eedi, in Sharh Muslim vol. 3 pg 828, quotes a hadith from Musannaf Abi Sheeba which is as follows:

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“Qasim bin Muhammad says that ‘Ayesha (raa) did the nikah of the daughter of ‘Abdur Rahman bin Abi Bakr with Mundhir bin al-Zubair. At that time ‘Abdur Rahman was not present. When he came, he became angry and said, ‘O slaves of Allah! Is it done to a person like me that his daughter is married without his consultation? ‘Ayesha got angry and asked, ‘do you dislike Mundhir?’”

A variant of this hadith is also recorded in Sharh Ma’ani al-Athar by different chains, where Mundhir stated that ‘Abdur Rahman has the authority and ‘Abdur Rahman said that he will not cancel anything which has been decided by ‘Ayesha (raa).

In light of this one can come up with two conclusions. The first being, that ‘Ayesha (raa) did not consider the hadith ‘Her marriage is void. Her marriage is void. Her marriage is void,’ to be sahih and thus she acted opposite to it as seen in the hadith above. In this case, the former hadith cannot be used as evidence. The second being, that she does hold the former hadith to be true but the sense she implies is not what the opposition understand.

Allama Badruddin al-‘Ainee, in ‘Umdatul Qari vol.20 pg 163, observes:

“But its meaning refers to kamal (perfection) like in the hadith of the prophetﷺ about prayer when he says “no prayer (is valid) unless in a masjid.”

Mufti Sa’eed Ahmed Palanpuri, in Tuhfatul Alma’ee vol.3 pg 518 adds:

“Imam A’zam says that this hadith is to threaten against something and in such ahadith the deficient is declared as banned. This is seen, for example, in the hadith in Kitab at-Tahara where it is stated that a man who sleeps with a menstruating woman or enters his wife from behind or goes to soothsayer to ask about things of ghaib has rejected the deen which has been revealed onto Muhammad ﷺ. This hadith is to threaten and in it deficient iman has been talked about as being banned. Hence no one will do takfir of such a person. Over here also, deficiency in nikah has been expressed as banned. And the evidence (daleel) is that the prophet ﷺ has said that such a woman married without a wali, with whom the husband has cohabited, will get the dowry.
. . . .And the meaning of the hadith is that if a woman does her nikah without consent of wali, then if the wali objects and the judge cancels the nikah, then if is wajib on the husband because the nikah was correct and the husband benefitted physically from his wife after a proper nikah. Thus dowry becomes wajib.”

Moreover, in their apparent meaning, these ahadith also contradict the Qur’anic verse:

فَلاَ تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ
fala taAAduloohunna an yankihna azwajahunna
Do not prevent them from marrying their husbands - [Qur’an 2:232]

This verse is evidence for the Hanafi as if attributes the right of nikah to the women and also that the wali has no right to interfere in the matter of the woman. However, people who oppose Hanafi say this verse is evidence for their stand as the Qur’an forbids something to the wali and something can only be forbidden for someone who has authority over it.

Mufti Taqi Uthmani (db) responds to this in Dars e Tirmidhi vol.3 pg 377:

“The answer is that Shari’i or legal opposition by the wali is not referred to in this verse. In fact, ethical and social pressure is referred to here. Hence this verse was revealed at the time of the matter of Ma’qil bin Yasaar (ra) who was stopping his sister from marrying her previous husband. This subject of the verse is clarified by attributing ‘يَنكِحْنَ’ to the women.”

The second verse which the Hanafi use as evidence is as follows:

فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنفُسِهِنَّ بِالْمَعْرُوفِ
faitha balaghna ajalahunna fala junaha AAalaykum feema faAAalna fee anfusihinna bialmaAAroofi
When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. - [Qur’an 2:234]

Mufti Muhammad ‘Aashiq Ilahi, in Tafsir Anwar ul Bayan vol.1 pg 297, writes:

“Once her ‘iddah has expired, she is at liberty to do as she pleases on condition that she conforms with the Shari’ah. In this way, if she wishes to remarry, none can stop her.”

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The Quran also mentions:

فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّىَ تَنكِحَ زَوْجًا غَيْرَهُ
Fain tallaqaha fala tahillu lahu min baAAdu hatta tankiha zawjan ghayrahu
Thereafter, if he divorces her, she shall no longer remain lawful for him unless she marries a man other than him. - [Qur’an 2:230]

Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 377, writes:

“This verse also attributes marriage to the woman which is evidence by ‘Ishaaratun Nass’ that woman can do her nikah.”

The opposition cites a verse in the Qur’an which is as follows:

وَأَنكِحُوا الْأَيَامَى مِنكُمْ
Waankihoo alayama minkum
Arrange the marriage of the spouseless among you - [Qur'an 24:32]

They say that the awliya are addressed in this verse and thus conclude that women do not have the right to marry without permission of the awliya.

In the footnotes of Dars e Tirmidhi (by Mufti Taqi Uthmani) vol.3 pg 375, it is explained:

“From this verse Allama Qurtubi Maliki (rh), in his tafsir and other muhaqqiqeen have used this to support the view of the majority.

But the answer to this is that ‘Ayami’ is the plural of ‘Aym’ and it is referred to someone who has no spouse whether it is a male or a female just as Allama Qurtubi (rh) has mentioned. In light of this, the verse would thus mean that it is preferred for both men and women that they should not take steps for nikah without wali.

As for the issue that if someone does do it without the wali then what is the hukm, the verse remains silent regarding it.

Then if both adult males and females come under the meaning of ‘Ayami’ then as the nikah of a man who enters in it without wali is considered to be valid, similarly it would be valid if a woman does it without a wali.”

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Apart from the mentioned evidence, the Ahnaf derive their evidence from another hadith which appears in Sahih Muslim, in Kitab an-Nikah, and is as follows:

“Ibn Abbas (ra) reported Allah's Messenger ﷺ as saying: An unmarried woman (al-Aym) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent.”

There is a disagreement among the scholars regarding the meaning of ‘al-Aym’. Its basic meaning is ‘an unmarried woman’. The disagreement lies in whether it means a previously married woman only or does it include an unmarried virgin (bikr) as well. Some have considered it to mean ‘thaib’ and these are the people who say a woman cannot do nikah without permission of wali. The others have said ‘al-Aym’ includes a woman who was never married. This latter meaning is confirmed by the ahl al-lughah. Imam Nawawi (rh) confirms this in his Sharh Muslim vol.9 pg 203 and adds that this was said by Ibrahim al-Harbi and Isma’eel al-Qadhi and others.

Allama Shabbir Ahmed Uthmani, in I’laa us-Sunan, writes:

“If one asks why the prophet ﷺ mentioned bikr again if Aym was supposed to include it, I say, bikr was mentioned so that one does not think bikr is not included because she is shy, so the prophet ﷺ mentioned her to confirm hukm on her. So this is takhsees (specialization) after ta’meem (generalization) to show difference between the 2 permissions.”

In Sahih Muslim other variants of this hadith are also transmitted where the word ‘thaib’ is used. Thus those opposing the Hanafi opinion say ‘al-Aym’ means ‘thaib’.

Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 379, explains:

“If we accept the tafsir of Imam Shafi’i and state that ‘Aym’ means ‘thaib’ only, even then the argument agrees and supports the Hanafi view. This is because it at least proves that a woman who has been previously married (thaib) has more rights on her nikah than the wali. (Imam Shafi’i says thaib cannot enter into contract by herself)” - text in parenthesis added

In Muwatta Imam Malik, Kitab at-Talaq (Chapter: The ‘iddah of the widow if she is pregnant), a hadith appears as follows:

“Umm Salama said, ‘Subai’a al-Aslamiyya had delivered after her husband’s death by half a month. Two men asked to marry her. One was young, and the other was old. She preferred the young man. The old man said, ‘You are not free yet (to marry).’ Her family was away, and he hoped that when her family would come, they may prefer him over the other man. She came to the Messenger of Allah ﷺ and he said, ‘You are free (of the ‘iddah), marry whoever you desire’.”

This hadith supports the view of the Ahnaf and the authority to marry was clearly given to the woman by Prophet Muhammad ﷺ.

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Mufti Taqi Uthmani (db), in Dars e Tirmidhi vol.3 pg 378, lists a number of ahadith to support the Hanafi view:

“There is a hadith reported in Muwatta Imam Malik (Kitab an-Nikah; Chapter: What was said in the dower and un-returnable gifts) and Sahih Bukhari (Kitab an-Nikah; Chapter of the woman who gives herself in marriage to salih man), which states that a woman came to Prophet Muhammad ﷺand said, ‘Messenger of Allah! I have given myself to you.’ The prophet ﷺ maintained silence and the woman stood there for long. Then a man got up and said, ‘Messenger of Allah, marry her to me if you have no need of her.’ The prophet ﷺ asked him what dowry he can afford to give after which he said, ‘I have married her to you for what you know of the Quran.’

At this time there was no wali of the woman present.

It is mentioned in Tahawi (Kitab an-Nikah; Chapter of marriage without wali of authority), ‘Umm Salmah narrates that after the death of Abu Salmah the Messenger of Allah ﷺ came and proposed to me. I said, ‘O Messenger of Allah! At this moment I do not have any wali present.’ He said, ‘No wali of yours, whether present or away, will dislike your marriage with me.’ So Umm Salmah said to her son, ‘O ‘Umar! Get up and do my nikah with the Messenger of Allah ﷺ. Hence, he did their nikah.

This nikah also took place without any wali as ‘Umar bin Abi Salmah was a minor and hence it was not proper according to shari'ah for him to carry out the nikah. This was just a formality and to say that this nikah was carried out under the universal guardianship of the prophet ﷺ, then this is something farfetched because such a guardianship is in effect when guardians from among the family are not alive.”

Further he states:

“There is a narration in Kanz ul ‘Ummal (vol.12 pg 532) that ‘Ali (ra) used to tell people nikah without wali is impermissible but if such a nikah would take place then he would declare it valid.

(And there is another narration in Kanz ul ‘Ummal vol. 12 pg 530) from Sa’eed bin al-Musaib who said that ‘Umar ibn al-Khattab (ra) said, ‘the woman does not get married off unless with the permission of her wali or permission of someone responsible((ذی الرای good judgment or the sultan.’

So in this way he permitted the nikah without the permission of a wali, provided someone of sound judgment or responsibility from among the relatives allow even if the person is not a wali.”

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Ghulam Rasool Sa’eedi, in Sharh Muslim vol.3 pg 828 mentions a narration from Musannaf Abi Sheeba:

“It has been narrated from ‘Ali (ra) that he validated the nikah of a woman whose nikah mother married her off with her agreement without consent of any wali.”

He further writes, while quoting from Musannaf Abdul Razzaq:

“Mu’amar says, ‘I asked Zuhri the ruling on someone marrying without a wali. He said that if it is done in kufu’ then it is valid.’”

When asked, “What are the basic requirements for Islamic Nikah,” Maulana Ahmed Mirpuri (rh) who was one of the leading scholars of the ghair muqalid, replies, in Islamic Verdicts (Fatawa Sirat-e-Mustaqeem) pg 228:

“We have the following conditions for Nikah: 1) Acceptance from both sides, 2) Two witnesses, 3) Mahr (dowry). Basically, these are the requirements for a nikah. In some cases, the bride’s attorney is also conditional, and is recommended in some cases. Proper conduct of the ceremony, the khutbah and explanation of the duties after marriage, are all considered as Sunnah but not a condition.”

While many ghair muqalid try to criticize the Hanafi regarding their ruling on this issue, one of their scholars has given a ruling similar to the Hanafi opinion.


Conclusion

It is thus seen that the position of Imam Abu Hanifa (rh) is by far the strongest position in this matter. There is also a matter of Qiyas here whereby the Ahnaf say that just as an adult man can utilize his property may marry properly by word, so also a woman who can utilize her property may marry by her word. Hence as she has right over her property she has right over her person. For the Ahnaf, ahadith like ‘la nikah ila biwali’ hold the meaning that the compulsion for the presence of wali is for immature or slave women and not for adult, sane women. And in light of the evidence given to support the Hanafi view, one cannot interpret the narrations used by the opposition in any other way.

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With that said, one must first understand how Hanafi methodology operates in order to understand the reasoning behind certain positions. A key feature of Hanafi usul is that it gives precedence to the decisive texts (qati`i) over those that are probabalistic (dhanni) in nature, and understand the latter in light of the former. For example, according to the school the minimum obligatory recitation in prayer is one verse in two rakahs of the obligatory prayer, and in each rakah of the non-obligatory prayers. The reason for this is due to the Qur’anic stipulation:

“Recite that which is easy for you of the Qur’an.”

Here, within the verse, the particle maa is `aam i.e. it is a general expression. In the Hanafi School the general expressions of the Qur'an are decisive in their indication (qati` al dalala) unless decisively conditioned. Thus, when Allah says “recite that which is easy” what is meant is “recite anything that is easy” and "anything" of the Qur’an is any extent that would be minimally considered the Qur’an, namely a verse. The hadith commanding the recitation of the fatiha and a surah are not at the same level of decisiveness but are khabar wahid (lone-narrated reports), which cannot condition and specify (takhsis) the general purport of the Qur'an. Thus, the Hanafis consider the recitation of the fatiha to be at the level of wajib, not fardh - understanding its proofs in light of those that are decisive. Such an approach of placing evidences side by side - the qati`i and the dhanni - is central to the Hanafi school. (Usul al Shashi, pg: 39 ed. Kutub Khana Mazhari)

In light of the methodological framework defined above, it is possible to explain the Hanafi position on marriage (nikah) and the condition of a guardian (wali). This, though, also requires some prelimary remarks pertaining to women and their legal status and rights. It should be known that the Qur'an and sunna, both, decisively establish a woman as a full legal person who has rights over her own transactions, property, wealth and so forth. For example, the Qur'an states "Oh you who believe! When you deal with each other in transactions..." (2:282), addressing both men and women, "If you find them of sound mine then deliver over to them their fortune" (4:6), the numerous prophetic narrations commanding women to give their wealth in charity of their own accord, prohibit men from usurping their property, and so on all show the independent authority of women pertaining to such aspects. This is the position of the all four imams, as stated by Ibn Qudama in his al Mughni. (Also see al Mawsu`at al Fiqhiyya, section on al hajr)

Similarly, the nikah is also considered a contract (`aqd), according to the usage of the fuqaha - similar to other financial contracts (`uqud maliyat) (Kanz al Daqa'iq, Pg: 285 Ed. Dar al Isha`at; Fath al Qadir, kitab al nikah) This is true even according to the Shafi`i school, as defined by Imam Nawawi in his Al Minhaj. Thus, one will find commonalities between the sales contract (`aqd al baya`) and the marriage contract such as the integrals of offer and acceptance, the existence of two transacting parties, rulings related to contractual conditions, and so forth. According to the Hanafis, since marriage is a kind of contractual transaction and women have the full right to engage in transactions they also have the full right to engage themselves in marriage, on the condition that they are sane (`aqil) and have reached adulthood (baligh). The basic principle here is "one who has the right of disposal over his/her wealth has the right over his/her self, and one who does not [s: have such right over his wealth], does not [s: have such rights over his self]." (Durr al Mukhtar vol:2, pg: 209 ed. H.M Saeed) Since a sane, adult woman has the right of disposal over her wealth she also excercises such guardianship over her self and can therefore marry without the permission of her guardian and nor can her guardian force her into a marriage, even if she is a virgin - contrary to the position of the Shafi`i school.

================================

This is also established decisively by the Qur'an itself in the following verses:

(1) Allah Most High states, "When you divorce women, and they have reached their term, do not forbid them from marrying (yankihna) their husbands, when they have agreed together honourably." (2: 232).

Imam Jassas states in his brilliant work Ahkam al Qur'an, "And His, Most Highs, saying, 'do not forbid them' means do not prohibit them or do not place constraint upon them in marrying. Verily, in this verse is a clear indication of the validity of marriage when she contracts it herself, without a guardian or the permission of her guardian. Firstly, because the annexing of the contract [s: the marriage contract] is towards her without conditioning it with the guardians permission. Secondly, It prohibits [s: the guardian, former husband, and all others] from forbidding when the marriage partners reach mutual agreement." (surah al baqarah, bab al nikah bighayr wali)

Those who state that the prohibition of forbidding the woman from remarrying is only an address to the ex-husband are not correct. As Imam Jassas states, it is permitted to take the verse on its general and apply such prohibition to the guardian, ex-husband, and all of people.

(2) Allah Most High states, "If he has divorced her, then she is not lawful to him until she marries (hatta tankiha) another man," (2:230) wherein the act of marrying (tankiha) is connected (isnad) specifically to the woman and not conjoined (mushtarak) to both the woman and her guardian. Similarly, Allah states, "Those of you who die, leaving wives, they shall wait by themselves for four months and ten nights; when they have reached their term then it is no fault in you what they may do with themselves honourably (fa`alna fi anfusihina)." (2:234) Imam Jassas comments, "And her action [of marrying] is permitted for herself (fi nafsiha) without the condition of a guardian."

To summarise the above:

(a) All these verses are general in their purport,
(b) Hanafi methodology dictates that the general expressions of the Qur'an are decisive in what they indictate. Here, the generality of the verses clearly permit women to marry themselves off and connect the act of marrying to the woman,
(c) None of them condition the above with the consent or permission of a guardian.

Further, there is also proof in hadith literature for this and even clear incidents wherein the marriage of a woman was performed without the presence of her guardian:

(1) It is narrated in the Muwatta of Imam Malik, in a rigorously authentic narration (sahih), that a woman came to the Prophet (Allah bless him and grant him peace) and gave herself in marriage. The Prophet (Allah bless him and grant him peace) married her to one of his companions. There was no wali of the woman present in this situation.

(2) It is narrated by Imam Tahawi that Sayyidah `A'isha (Allah be well pleased with her) married her niece Hafsa bint `Abd Al Rahman to Munzar ibn Zubayr while `Abd Al Rahman (Hafsa's father) was away in Syria. (Sharh Ma`ani al Athar, bab al nikah bighayr wali `asabatin) Ibn Hajar `Asqalani states in his al Diraya that its chain is rigorously authentic (sahih). This is a clear indication of the validity of the marriage of a sane, adult female without the presence of her guardian.

(3) It is narrated in the Sahih of Imam Muslim (kitab al nikah, bab isti'dhan al thayyib fi'l nikah) from Ibn `Abbas that the Prophet (Allah bless him and grant him peace) said, "The unmarried woman has more right over herself than her guardian." (Also: Sunan al Nasa'i, bab isti'dhan al bakr fi nafsiha; Abu Dawud, bab fi'l thayyib; Tirmidhi) This shows that the guardian cannot force an adult woman - whether a virgin or not - into marriage and thus does not have wilayat al ijbar, contrary to what the Shafi` school states that the virgin adult can be forced into marriage. Rather, who she marries is fully her own choice and right.

(4) Abu Salama narrates that a woman came to the Prophet (Allah bless him and grant him peace) and said, "'Indeed, my father married me to a man and I dislike it.' He (the Prophet) said to her father, 'Let her go and marry who she wills.'" Ibn Hajar said in his Diraya, "This narration is mursal jayyid."

(5) In another similar narration it is mentioned that a virgin came to the Prophet (Allah bless him and grant peace) and complained about her marriage after which the Prophet (Allah bless him and grant him peace) gave her the right to marry who she willed. (Abu Dawud, kitab al nikah; Nasa'i, and Ibn Majah from Ibn `Abbas) It is stated in `Awn al Ma`bud, "This narration is proof for the unlawfulness of the fathers forcing his virgin daughter into marriage."

================================

(6) It is narrated in the that Sayyidina `Ali (Allah be well-pleased with him) discouraged marriage without the approval of the guardian but considered such a marriage valid nonetheless. (Kanz al Ummal #45772; Musannaf Ibn Abi Shayba)

(7) It is narrated in the Muwatta that Sa`id ibn al Musayyib said, "`Umar ibn Khattab said, 'It is not right for a woman to be married unless with the permission of her guardian, or a member of her family of sound judgement, or the ruler." (bab nikah bighayr wali, #541) This is also proof for the Hanafi school since "a member of her family" is not considered a guardian and can be anyone.

(8) This was also the position of many of the major followers. Ma`mar said, "I asked Zuhri about a woman marrying without a guardian and he said, 'If they are suitable, it is permitted.' (wa in kaana kaf' jaaz)" (Ibn Abi Shayba, bab fi'l mir'at idha tazawjat bighayr wali) This is also related from al Sha`bi, Ibn Sirin, Qatadah, and others.

This is the proof and reasoning behind the Hanafi position.

In light of this evidence it is possible to address the proofs brought forth in the question and clarify the Hanafi understanding of them. Again, here it must be kept in mind that all the evidence seemingly stipulating the consent or presence of the guardian as a condition for the validity of a marriage contract must be understood in light of that which is decisive - namely the Qur'anic verses that have preceded.

The most commonly cited proof against the Hanafis is the statement of the Prophet (Allah bless him and grant him peace), "There is no marriage without a guardian (wali)." This narration is a lone-narrated report (khabar wahid) and not decisive as proof and therefore cannot condition the general purport of the Qur'an. The negation "la nikah" is interpreted not to refer to the validity of the marriage contract, but rather to propriety according to the Hanafi scholars. There are many other examples of this such as the Prophet's (Allah bless him and grant him peace) saying, "None believes (la yu'minu) until he loves for his brother what he loves for himself," wherein the particle of negation is not a negation of one's iman in reality but rather a nafi al kamal (negation of perfectness). The same is the case with the nikah; it will be considered valid but improper. This is why the Hanafi scholars mentioned that seeking the consent of the guardian is highly recommended. (Bahr al Ra'iq, bab al awliya' wa'l akfaa'; Bada`i al Sana`i, fasl wa ama al wilayat al nadb wal istihbab)

The same is the case with all the other narrations on the issue. None of them are decisive - in transmission or meaning - as proof and the probabalistic simply cannot condition the decisive. Thus, for example, the narration of Sayyidah `A'isha stating that a marriage without a guardian is "batil" is interpreted to mean that it is not very beneficial. Such usage of the word "batil" is also present in the Qur'an in the verse, "You have not created this in vain (batilan)." (3: 191) It is also possible to understand such narrations as being specific to a woman who is not an adult yet, or the marriage of a woman to someone non-suitable (ghayr kuf'). (Ibid; `Ila al Sunan) Rather, Imam Zayla'i mentions in his work Tabiyin al Haqa'iq, "Bukhari and Ibn Ma`in stated that there is no sound narration (lam yasihh) in this section - concerning the condition of a guardian."

================================

As for the verses of the Qur'an that are said to address the guardian, such verses - again - can only be understood keeping in mind the fact that other verses clearly establish the permissibility of women marrying themselves off of their own accord and right. For example, the word employed in surah al nur for those who are "single" (ayama) applies to both males and females and it is agreed upon that an adult male does not require the consent of his guardian to marry.Thus, the verse does not establish the necessity of a guardian but only the recommendation for both males and females to seek their consent even though both have the right to marry validly without such consent.

As for the verse in surah al baqarah (2:32) then it has been previously discussed and is used by the Hanafis themselves as proof. Imam Shafi` stated that this verse proves that the consent of the guardian is required because such a prohibition within the verse can only apply if the guardian had the right to forbid the marriage. (al Mabsut, bab al nikah bighayr wali) However, this is not necessarily the case because the prohibition here relates to societal decorum and akhlaq, and the fact that the right to contract the marriage is conjoined with only the woman immediately after the mention of such a prohibition makes this even clearer.

To conclude: The Hanafi position is that a sane, adult woman can marry of her own accord without the consent of her guardian. They use numerous Qur'anic verses that they see as decisive, and prophetic narrations in conformity with such verses. The proofs that seem to indicate the condition of the guardian as necessary for the validity of the marriage contract are seen in light of such decisive proof. Since they are probabalistic and cannot condition the decisive they are interpreted to refer mainly to recommendation rather than a necessary condition. This is true of all the proof brought against the Hanafi position.

With that, it should be known that all four schools are on truth and we strongly abide by the principle, "Our school is correct with the possibility of error, and those who disagree with us have erred with the possibility of being correct." (Hadiyyah al Ala'iyyah, pg: 242 ed: Dar ibn Hazm)


-------------------------------------

Now proof of Hanafi Stance from countless Sahih Hadith itself

Hadith # 1

Sahih Muslim ,Book 8, Hadith 3307

Ibn Abbas (Allah be pleased with them) reported Allah's Messenger (may peace be upon him) as saying: A woman who has been previously married (Thayyib) has more right to her person than her guardian. And a virgin should also be consulted, and her silence implies her consent. [end of Hadith]

Hadith # 2 & 3

Muslim Book 8 Hadith 3306 and Hadith 3308

Ibn 'Abbas (Allah be pleased with him) reported Allah's Apostle (may peace be upon him) as saying: A woman without a husband has wore right to her person than her guardian, and a virgin's consent must be asked from her, and her silence implies her consent
[end of hadith]

more references for Above Sahih hadith:

Sunan al Nasa'i, bab isti'dhan al bakr fi nafsiha;

sunan Abu Dawud, bab fi'l thayyib

sunan Tirmidhi #3124

This shows that the guardian cannot force an adult woman - whether a virgin or not - into marriage and thus does not have wilayat al ijbar,

Above hadith clearly proves that a woman has greater right to marry anyone more than her guardian

Hadith # 4

“Umm Salama said, ‘Subai’a al-Aslamiyya had delivered after her husband’s death by half a month. Two men asked to marry her. One was young, and the other was old. She preferred the young man. The old man said, ‘You are not free yet (to marry).’ Her family was away, and he hoped that when her family would come, they may prefer him over the other man. She came to the Messenger of Allah ﷺ and he said, ‘You are free (of the ‘iddah), marry whoever you desire’.”

[Reference : Muwatta Imam Malik, Kitab at-Talaq (Chapter: The ‘iddah of the widow if she is pregnant) ]


This hadith supports the view of the Ahnaf and the authority to marry was clearly given to the woman by Prophet Muhammad ﷺ.

================================

Hadith # 5

‘Umm Salmah narrates that after the death of Abu Salmah the Messenger of Allah ﷺ came and proposed to me. I said, ‘O Messenger of Allah! At this moment I do not have any wali present.’ He said, ‘No wali of yours, whether present or away, will dislike your marriage with me.’ So Umm Salmah said to her son, ‘O ‘Umar! Get up and do my nikah with the Messenger of Allah ﷺ. Hence, he did their nikah.

[Refernece : in Tahawi (Kitab an-Nikah; Chapter of marriage without wali of authority hadith number 945 ),

This nikah also took place without any wali as ‘Umar bin Abi Salmah was a minor and hence it was not proper according to shari'ah for him to carry out the nikah

Hadith # 6


‘Ali (ra) used to tell people nikah without wali is impermissible but if such a nikah would take place then he would declare it valid.

[ narration in Kanz ul ‘Ummal (vol.12 pg 532)]

Hadith # 7

from Sa’eed bin al-Musaib who said that ‘Umar ibn al-Khattab (ra) said, ‘the woman does not get married off unless with the permission of her wali or permission of someone responsible((ذی الرای good judgment or the sultan.’

[ narration in Kanz ul ‘Ummal vol. 12 pg 530]

So in this way he permitted the nikah without the permission of a wali, provided someone of sound judgment or responsibility from among the relatives allow even if the person is not a wali.

Hadith # 8

It is narrated by Imam Tahawi that Sayyidah `A'isha (Allah be well pleased with her) married her niece Hafsa bint `Abd Al Rahman to Munzar ibn Zubayr while `Abd Al Rahman (Hafsa's father) was away in Syria. (Sharh Ma`ani al Athar, bab al nikah bighayr wali `asabatin)

Imam Ibn Hajar `Asqalani [rah] states in his al Diraya that its chain is rigorously authentic (sahih).

So This is a clear indication of the validity of the marriage of a sane, adult female without the presence of her guardian.

Hadith # 9

Abu Salama narrates that a woman came to the Prophet (Allah bless him and grant him peace) and said, "'Indeed, my father married me to a man and I dislike it.' He (the Prophet) said to her father, 'Let her go and marry who she wills.'"

Imam Ibn Hajar said, "This narration is mursal jayyid."

[Reference: imam ibn hajar Asqalani in his Diraya 2:312 ]

Hadith # 10

Mauttah of Malik Book 28 Hadith 28.2.5

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab had said that Umar ibn al-Khattab said, "A woman is only married with the consent of her wali, someone of her family with sound judgement or the Sultan.
[end of hadith from imam malik ]

This is also proof for the Hanafi school since "a member of her family" is not considered a wali and can be anyone.


Conclusion:

“We have the following conditions for Nikah: 1) Acceptance from both sides, 2) Two witnesses [can be wali or not a wali ], 3) Mahr (dowry). Basically, these are the requirements for a nikah. In some cases, the bride’s attorney is also conditional, and is recommended in some cases. Proper conduct of the ceremony, the khutbah and explanation of the duties after marriage, are all considered as Sunnah but not a condition

So It is thus seen that the position of Imam Abu Hanifa (rh) is by far the strongest position in this matter. There is also a matter of Qiyas here whereby the Ahnaf say that just as an adult man can utilize his property may marry properly by word, so also a woman who can utilize her property may marry by her word. Hence as she has right over her property she has right over her person. For the Ahnaf, ahadith like ‘la nikah ila biwali’ hold the meaning that the compulsion for the presence of wali is for immature or slave women and not for adult, sane women.
__________________

Thursday, 12 December 2013

GUMBAD-E-KHIZRA (GREEN DOME) - HISTORY

Questions :

Mystery bodies in the Dome of Masjid Nabawi Top ?



A Person Tried To Demolish The Dome Of Prophet(peace be upon him) 90 Years Ago?

What is on the Green Dome?


-----------------------------------
Following are  Rumours its Just window over Blessed Green Dome (Gumbad-E-Khizra ).
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Praise be to Allaah.


GUMBAD-E-KHIZRA (GREEN DOME) - HISTORY






 There is no need to explain the spiritual popularity of the green dome which is over the shrine of Prophet Muhammad Mustafa (صلى الله عليه وسلم). Every Muslim loves this dome and it is fact that this dome has become the symbol of Madina-al-Munawwara. In Arabic, it is called Gumbad-e-Khizra (Green Dome).

 Before 678 Hijra, there was no dome over the shrine Prophet Muhammad Mustafa (صلى الله عليه وسلم). First of all in 678 Hijra, a wooden dome was made by the Mamluke ruler, the Sultan, Al-Mansoor Qalaawoon but in 893 Hijra it was replaced with an other dome which was built by Turks King “Kubtai” and first time green color was used.

Lastly in 1233 Hijra, the King Mehmood Bin Abdul Hamed Usmani built a new dark green dome over the shrine which was very beautiful and long lasting. This is the dome which we look today over the shrine.
===================================

PLEASE READ FOLLOWING POINT TO UNDERSTAND WHAT THE GREEN DOME HAS HIDDEN FROM OUR EYES:

1-    There was no dome on the holy roza-e-aqsa (صلى الله عليه وسلم) till 678 hijra.
2-   In 678 hijra first time a dome was built by the MAMLUKE RULER, THE SULTAN, and AL-MANSOOR-QALAAWOON. It was wooden dome and lead was also used in it. It was square at the bottom and octagonal at the top.
3-   In 889 hijria after 208 years, KING MALIK ASHRAF QATBAIE constructed one more dome over wooden dome. White and Black stone had used in it and it is called GUMBAD-E-BAIZA [WHITE DOME] and in this way the wooden dome disappeared despite its existence.
4-   In 992 hijra, just only 6 years later KING QATBAIE again made another dome over his first one. It was BLUE DOME and fire proof stones were used to build it. These stones were brought from Egypt. In this way wooden dome and white dome disappeared from seen even their existence.
5-   In 1233 hijra, after 341 years, KING MAHMOOD BIN ABDUL HAMEED, the second, reconstructed QATBAIE dome and after 22    more years in 1255 it is FIRST TIME PAINTED GREEN AS LOOKS    EVEN TODAY. [In this way three domes -wooden dome, white    dome and blue dome has been covered by today’s holy GREEN    DOME and perhaps the previous 3 domes might never be seen     again despite their existence.]






Al-Darimi in the Chapter 15 of the Muqaddima (Introduction) to his Sunan (1:43) entitled: “Allah’s generosity to His Prophet after his death,”

Relates from Aws ibn `Abd (رضي اللہ تعالی عنہ) Allah with a good chain:
“The people of Madina complained to `A’isha (رضي اللہ تعالی عنہ) of the severe drought that they were suffering. She said: “Go to the Prophet’s grave and open a window towards the sky so that there will be no roof between him and the sky.” They did so, after which they were watered with such rain that vegetation grew and the camels got fat. That year was named the Year of Plenty.”

This brick was placed by the Turks in the remembrance of the incident when people came to Syedna Ayesha (رضي اللہ تعالی عنہ) and requested her to pray for the Rain. She (رضي اللہ تعالی عنہ) advised to remove the brick or the leaves or whatever was on the roof right above the Blessed Qabar Sharif of Syeduna RasoolAllah (صلى الله عليه وسلم) through which ALLAH Kareem will bless us the Rain! Her (رضي اللہ تعالی عنہ) advised was implemented and it start raining. So this brick is said to be right above the Qabar Sharif!!

This is all what I know from my resources. ALLAH and His Habeeb Knows the Best!!


  
All good is from Allah Ta’ala whereas mistakes are from this humble speck. May Allah Ta’ala bless all readers, bringing you all closer to Him and His RasoolAllah (صلى الله عليه وسلم).  May He accept our humble efforts and grant us the capacity to be good and do well. Ameen.




Thursday, 31 October 2013

what is Jihad - Detailed explanation

== what is Jihad - detailed explanation  ==

what is meaning of jihad ?

what is Real jihad in islam ?

What Jihad IS NOT!
===============


If you open a modern Oxford English dictionary, you would probably

find the definition of Jihad as “a holy war undertaken by Muslims against

non-believers”. This is a very poor definition. Before trying to define what 

Jihad is, we should first define what it is NOT.

Jihad is NOT Holy War

Jihad is NOT blowing up one’s self (Suicide is a sin in Islam)

==================================

Hadith : Shahi Bukhari.
Book 23. Funerals (Al-Janaa'iz).

Volumn 002, Book 023, Hadith Number 445.

-----------------------------------------
Narated By Thabit bin Ad-Dahhak : The Prophet (p.b.u.h) said, "Whoever intentionally swears falsely by a religion other than Islam, then he is what he has said, (e.g. if he says, 'If such thing is not true then I am a Jew,' he is really a Jew). And whoever commits suicide with piece of iron will be punished with the same piece of iron in the Hell Fire." Narrated Jundab the Prophet said, "A man was inflicted with wounds and he committed suicide, and so Allah said: My slave has caused death on himself hurriedly, so I forbid Paradise for him."

==============================

Jihad is NOT killing innocent people

Jihad is NOT flying a plane into a building packed with civilians

Jihad is NOT fighting out of anger and hatred

Jihad is NOT killing others just because they don’t agree with you

Jihad is NOT killing others just because they are not Muslims

The real meaning of Jihad

Jihad is an Arabic word from the root Jee Ha Da. It literally means to

struggle or strive. Jihad is struggling or striving in the way or sake of

Allah. Jihad takes a very important status in the doctrine of Islam and is

one of the basic duties for every Muslim.
====================================

Though, it has nothing whatsoever to do with the term Holy War. Such

a term, or its equivalent doesn’t exist in the Islamic doctrine. The Christian

Crusaders in the mid-ages invented this ideology of Holy War.

There is nothing “Holy” about wars. Wars only involve killings and disasters!

Jihad has many forms,

Jihad of the heart/soul (jihad bin nafs/qalb)

Jihad by the tongue (jihad bil lisan)

Jihad by the pen/knowledge (jihad bil qalam/ilm)

Jihad by the hand (jihad bil yad)

Jihad by the sword (jihad bis saif)

=====================================

Jihad of the Heart/Soul

Jihad of the heart/soul; in Arabic: jihad bin nafs/qalb. It is referred as

“the greater Jihad” (al-jihad al-akbar).

It is one’s inner struggle of good against evil; refraining oneself from the

whispers of Shaitan (Satan).

This process involves allowing Islam to transform one’s soul to achieving

internal peace; and forgoing the hatred and anger.


“Jihad is ordained for you (Muslims) though you dislike it, and it may

be that you dislike a thing which is good for you and that you like a

thing which is bad for you. Allah knows but you do not know.”


{Quran, Surah 2: Al-Baqarah, Verse 216; Mohsin Translation}


=========================

Jihad by the tongue

Jihad by the tongue; in Arabic: jihad bil lisan.

It is defending Islam and spreading Islam by scholarly lectures, speeches

and debates. It often overlaps with Da’awah (invitation to Islam, or

spreading the message of Islam).

In The Last Sermon, Prophet Mohammed (peace be upon him) asked the

listeners whether he has passed on the message to them; and they

confirmed affirmatively.

Then the Messenger of Allah ordered all those present today to pass on

the same message to those who are not here today; and the last person to

hear the message should understand it better than the people here.

Jihad by the pen/knowledge

Jihad by the pen/knowledge; in Arabic: jihad bil qalam/ilm.

This form of Jihad involves scholarly research of Islam in aiding the

spread and defence of Islam; and publishing written articles in clearing

misconceptions and correction lies against Islam.

======================================

Examples of such Jihad include the research and discovery of scientific

evidences, literature miracles and mathematical miracles from the Quran.

Messenger of Allah once stated that the ink of a scholar is holier than the

blood of a martyr; and one who is reading looks handsome in front of

Allah.

Jihad by the hand

Jihad by the hand; in Arabic: jihad bil yad.

This is a Jihad of action rather than words. At certain areas, it overlaps

with Zakart (charity) and Hajj (pilgrimage).

Some of its examples include giving charity to the poor and needy,

performing Hajj or Ummrah, helping those who need help, saving

people’s lives, etc. These are more of physical deeds instead of words.

“A person whose feet become dust ridden because of [striving] in

the way of Allah will never be touched by the flames of Hell”


{ Sahih Bukhari 2811}


=================================

The most beautiful of all Jihad is a perfect Hajj. It involves testing of

one’s patience and piety to the apex. The whole period of Hajj, with just

one intention and aim, worshiping Allah!

Jihad by the sword

Jihad by the sword; in Arabic: jihad bis saif. In contrary to Jihad of the

heart/soul; this form of Jihad is referred as “the lesser jihad” (al-jihad alasghar).

Sometimes it is necessary to undertake Jihad by the sword. This would

include usage of arsenals and engaging in a combat. This could be simply

a bunch of freedom fighters or an organised campaign of army.

Jihad by the sword is use of arms to engage into a combat. It is not

misuse of arms to create violence.

====================================

There are only two situations were Jihad by the sword is allowed to be

undertaken.


1) For self-defence. When someone attacks you or when your

nation has been attacked. Engaging into combat due to self defence.

2) Fighting against evil and unjust. It is also a sin if a Muslim

sees unjust been done, capable of stopping it, yet not doing

anything about it. This can include war on drug, war on child

labour as well as war on terror!

The American administration today seems to be launching a global war

on terror, but are they the first to launch the war on terror?

The Muslims already announced the war on terror fourteen centuries ago,

under the name of Jihad bis saif!

There are many rules and limitations when engaging in combat under the

title of Jihad. For example, civilians are not to be harmed; trees are not to

be cut down; asylum should be granted to surrendering enemy soldiers;

etc.

======================================

“And if anyone of the Mushrikun seeks your protection then grant

him protection, so that he may hear the Word of Allah, and then

escort him to where he can be secure, that is because they are men

who know not.”


{Quran, Surah 9: At-Taubah, Verse 6; Mohsin Translation}


The above verse states that when an enemy soldier surrenders during a

battle, the Muslim soldiers must grant asylum and in addition, escort him

to safety!

======================================

The treatment for prisoners of war is also clearly stated in the Quran.

Prisoners of war under Muslim prisons are to eat, drink and dress the

same Muslim soldiers eat, drink and dress.

And even under the unfortunate event of shortage of food, it is the

prisoners who are to eat first before the Muslim soldiers guarding them!

A closer look at the Sword

Despite the fact that Jihad by the sword is the lesser Jihad, it is the only

form of Jihad that most of the people in the world perceive Jihad as.

This is unfortunate, especially for the Muslims. Many so-called “teachers

of Islam” have been misusing this to assemble their so-called “holy

army” to fight their so-called “holy war”.

But you can’t blame the religion for what a few of its people do. In every

society, there is a black sheep.
===================================

Self-Defence:


Since Jihad by the sword has been overwhelmingly magnified in the

wrong angle, let’s take a closer look at it in the right angle. What is

wrong with Jihad by the sword if it is fighting for self-defence?

In the early years of revelation of Islam in Mecca, Muslims were not

granted permission from Allah to fight. So the Muslims suffered both

moral and physical humiliations from the non-Muslims in Mecca.

The first verses regarding Jihad were then revealed allowing Muslims to

undertake self-defence.

“And fight in the Way of Allah those who fight you, but transgress

not the limits. Truly, Allah likes not the transgressors".


{Quran, Surah 2: Al-Baqarah, Verse 190; Mohsin Translation}


Many of the Quranic verses are being quoted out of context to

wrongly justify terrorist actions. Yet, most of those verses are only

referring to a particular situation; such as Battle of Badr or Battle of

Uhud.

========================================

Intention and war against Satan:


“Those who believe, fight in the Cause of Allah, and those who

disbelieve, fight in the cause of Satan. So fight against the friends

of Satan. Ever feeble indeed is the plot of Satan.”


{Quran, Surah 4: An-Nisa, Verse 76; Mohsin Translation}


Now the second question is, what is wrong in fighting against evil and

liberating people from sufferings?

“Once a person came to the Prophet (sws) and said that some people

fight for the spoils of war, some for fame and some to show off

their valour; he then asked the Prophet (sws): “Which one of them

fights in the way of Allah”. The Prophet (sws) replied: “Only that

person fights in the way of Allah who sets foot in the battlefield to

raise high the name of Allah”.


{ Sahih Bukhari 2810}


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