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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.
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.
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.
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
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
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
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
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
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,
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. |
Monday, 1 July 2013
Qanoon e Shariat
Qanoon e Shariat
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:
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:
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 ----------------------------------------------------------------- *: 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 ----------------------------------------------------------------- *: 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 ----------------------------------------------------------------- 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.
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:
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Qanoon e Shariat
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). |
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