Showing posts with label Fiqh. Show all posts
Showing posts with label Fiqh. Show all posts

Tuesday, July 12, 2011

The Maliki Sect

This sect is named its founder Imām Mālik bin Anas bin Mālik al-Asbahī who was a member of the Yemenite al-Asbah tribe.

Mālik bin Anas was born in Medina in the 93rdA.H.. He was a student of some of the Islamic jurists of his time including Nāfi, Mawla Abduallah bin Umar and Ibn Shahāb al-Zahrī. He also studied under Imām Jafar al-Sādiq (a) and related traditions from him. He said: "I have not seen anyone better than Jafar bin Muhammad."

He lived under the Umayyad rule for forty years and during this time he did not portray himself as a scholar.

When the Umayyad dynasty fell and the Abbasid dynasty came to power he showed inclination towards the family of Alī bin Abī Tālib (a) and ruled that they were the legitimate rulers and that rule khalafah was their right. He passed a verdict making it obligatory to aid Muhammad bin Abd Allah bin al-Hassan bin Alī bin Abī Tālib who revolted against the Abbasid dynasty. As a punishment, Jafar bin Sulaymān, the Abbasid governor of Medina at the time, ordered him to be lashed 50 times. The lashes were so hard that his shoes fell off.

Later on, the Abbasid khalīfa, Abū Jafar al-Mansūr changed his mind and improved his relations with Imām Mālik. He asked Imām Mālik to write a jurisprudential book, in accordance to his sect, to be published. Imām Mālik wrote the book Al-Mūattā', the book of religious verdicts, and the Mālakī jurisprudential sect became the official sect of the Abbasid Empire and missionaries were sent as far as Africa and Indonesia to preach Al-Mūattā' and the Mālakī sect. Imām Mālik differed from Abī Hanīfah on his views regarding voting and syllogism as valid sources of religious rulings. He died in the 179thA.H.

The Shafi'i Sect

This sect was named after its founder Imām Muhammad bin Idrīs bin Abbās bin Uthmān al-Shāfi whose lineage traced back to Hāshim, the son of Abd al-Muttalib, the Prophet's (s) grandfather.

Imām Shāfiī was born in the 150thA.H., the same year that Abī Hanīfah died. He was an orphan and his mother raised him in Yemen. When he reached 10 years of age he went to Mecca to learn reading and writing. He then lived in the desert for 17 years before becoming a religious student. He studied under the scholars of his time such as Muslim bin Khālid al-Makhzūmī and Mālik bin Anas (the founder of the Mālikī sect and the author of al-Mūattā'.) When Imām Mālik passed away he returned to Yemen.

During Rashīd's reign, he was charged with helping the Alawī movement along with others by the governor of Yemen. He was then sent to Baghdād to be tried. Many were killed but Shāfiī was saved.

He then migrated to Egypt and preached his sect there. His sect was also spread by his students in other parts of the Islamic world. Imām Shāfiī died in the 198thA.H.

He has said: "If there is a prophetic tradition in opposition to my view, throw my view against the wall."[22]

The Hanbali Sect

This sect was named after its founder Ahmad bin Muhammad bin Hanbal who was an Arab.

He was born in Baghdād in 164 A.H. He started his studies there at the age of 15. He studied under both Imam al-Shāfiī's and Ali Abī Yusif al-Qādī (Abī Hanīfah's student.) He also studied under different scholars of his time, such as Harīz, one of Imām Sādiq's (a) students.

This sect was spread like the other sects. This sect is still practiced in the Arabian Peninsula and other parts of the Islamic world. Ahmad bin Hanbal died in Baghdād in 241 A.H.

The Hanafi Sect

This sect is called the Hanafī sect because of its imām, Abī Hanīfah.

Abī Hanīfah's full name is al-Numān bin Thābit bin Zūtī al-Fārsī. His forefathers were from Kabul. Abī Hanīfah was born in the 80thA.H. and died in the year 150 in Baghdad.

 Abī Hanīfah grew up in Kūfa and spent half of his lifetime working as a merchant before he became a seminary student and teacher. He studied under Hammād bin Abī Salamah for eighteen years before he became a scholar himself. He was one of the big scholars of his time and reached the level of ijtihād. He accepted voting and syllogism qiyas in addition to the Qurān and prophetic traditions as tools for deriving religious rulings or fatwa. Many scholars of his time refuted him on this issue. In this regard, both Imām Muhammad al-Bāqir (a) and Jafar al-Sādiq (a) said that when making a fatwa one must stick only to the Qurān and the prophetic traditions.

 His sect spread in Iraq and later in other areas of the Islamic world. Abī Hanīfah lived for 52 years during the Umayyad reign, but did not accept them. Rather, he believed that the rule khilafat should be given to the family of Alī (a). He even ruled in favor of the Alawī uprising lead by Zayd bin Alī bin al-Hussayn bin Alī bin Abī Tālib and allowed money that was collected from zakāt taxe to be spent on the uprising. It should be mentioned that Zayd bin Alī bin al-Hussayn tutored Abī Hanīfah for two years and Abduallah bin al-Hussayn bin Alī bin Abī Tālib was also one of his tutors.

 The Umayad rulers asked him to become a judge and he refused. Because of this, they put him in prison and whipped him for days, until he was on the brink of death. Then, the prison warden helped him to escape and he fled to Mecca. Afterwards, he was travelling between Mecca and Medina pretending to be a nomad. During this period of time he studied for two years under Imām al-Sādiq (a). He has a famous saying describing this experience: "If it wasn't for these two years, al-Numān would have perished." He stayed there until the end of rule of the Umayyad dynasty on the hands of the Abbasid dynasty.

When the Abbasid dynasty came to power, Abī Hanīfah refused to help them. Al-Mansūr imprisoned him and ordered him to be lashed 120 times which resulted in his death.

Wednesday, June 29, 2011

Human Rights in Islam

Human Rights in Islam

The wet-nurse
Meet her with respect. If she is in need of money and you are able to help her, then help her.

The Step-mother
Since she is an associate of your father, and we have been commanded to be kind and friendly to our parents' associates, the step-mother, therefore, also has certain rights over you as mentioned previously.

The elder brother
In the light of the Hadith, the elder brother is similar to one's father. From this we can deduce that the younger brother is similar to one's children. Based on this, they will have rights similar to those of parents and children. The elder sister and the younger sister should also be treated in the same manner.

Relatives
If any of your blood relatives is in need and is unable to earn, help him out with his expenses according to your financial position. Go and meet them occasionally. Do not cut-off relations with them. In fact, even if they cause you harm, it will be best for you to exercise patience.

The In-laws
In the Quran, Allah Ta'ala has mentioned the in-laws together with one's lineage. We learn from this that the father-in-law, mother-in-law, wife's brother, sister's husband, son-in-law, daughter-in-law, the previous children of the wife, the previous children of the husband - all of these have certain rights. Therefore, you have to be more considerate to them as opposed to others.

The Rights of Muslims
1.       Overlook the faults of a Muslim.
2.       When he cries, have mercy on him.
3.       Conceal his shortcomings.
4.       Accept his excuses.
5.       Remove his difficulties.
6.       Always be good to him.
7.       Gaining his love is an accomplishment.
8.       Fulfil his promises.
9.       When he falls ill, visit him.
10.   When he passes away, make dua for him.
11.   Accept his invitation.
12.   Accept his gifts.
13.   When he shows kindness to you, show kindness to him in return.
14.   Be grateful for his favours upon you.
15.   Help and assist him at the time of need.
16.   Safeguard his family and children.
17.   Assist him in his work.
18.   Listen to his advice.
19.   Accept his intercession.
20.   Do not make him feel despondent over his ambitions.
21.   When he sneezes and says "Alhamdulillah", say "Yarhamukallah" in reply.
22.   If you find a lost item of his, return it to him.
23.   Reply to his greeting.
24.   When you converse with him, speak with humility and in a good manner.
25.   Be kind and friendly to him.
26.   When he takes an oath with regard to you, confident that you will fulfil it, then you must fulfil it. (For example, Zayd takes an oath that Amr never goes to the bazaar and he is confident that Amr will fulfil this oath of his, then Amr must ensure that he does not act contrary to it.)
27.   If anyone oppresses him, go to his assistance. If he oppresses someone, prevent him.
28.   Be friendly to him and do not antagonize him.
29.   Do not disgrace him.
30.   Whatever you like for yourself, like for him as well.
31.   When you meet him, make salam to him. If a man shakes the hand of a man, and a woman shakes the hand of a woman, it will be even better.
32.   If a quarrel takes place between the two of you, do not cut-off speaking to him for more than three days.
33.   Do not have evil thoughts of him.
34.   Do not be jealous of him nor should you hate him.
35.   Direct him towards good deeds and stop him from evil deeds.
36.   Have mercy on the young and respect the elderly.
37.   If there is a conflict between two Muslims, try and reconcile them.
38.   Do not speak ill of him.
39.   Do not cause him any loss; neither in his wealth nor in his honour.
40.   If he is sitting, do not make him get up and take his place.

Rights of the Neighbour
1.       Deal with him in a nice and friendly manner.
2.       Protect the honour of his wife and children.
3.       Occasionally you should send gifts to his house. Especially if he is poor. In such a case you should definitely send some food to him.
4.       Do not cause him any harm. Do not quarrel with him over trivial matters.

Rights of the Traveling Companion
Just as a person has a neighbour at home, he also has a neighbour when travelling. That is, a travelling companion with whom you embark on a journey or coincidentally joins you during the course of the journey. The rights of such a person are similar to those of a neighbour.

His rights can be summed up as follows:  give preference to his comfort over your own comfort. Some people display a lot of selfishness with regard to other travellers when travelling by train or other modes of public transportation. This is a very evil habit.

Rights of the Weak and Old
Those people who are in need, such as orphans, widows, the weak, the poor, the sick, the cripple, travellers, beggars, etc. have additional rights. They are:

1.       You should help them financially.
2.       You should undertake their tasks with your own hands and legs.
3.       You should console and comfort them.
4.       You should not refuse to fulfill their needs and wants.

Rights of Human beings
1.       Do not cause financial or physical harm to innocent people.
2.       Do not argue with anyone without any valid Shar'i reason.
3.       If you find someone in problem, in poverty, or sick, help him, feed him, treat his sickness.
4.       When meting out punishment, do not transgress the limits in the different methods of punishment that have been laid down in the ShariAh.

Rights of Animals
Do not encage an animal which you will not be taking any benefit from. Removing nestlings from their nests, causing harm to their parents, etc. is a sign of extreme mercilessness.

An animal that is suitable for consumption should not be killed merely for amusement.

You should make proper arrangements with regard to food, drink, providing rest, and taking care for the animal that you utilise for your work. Do not impose any work on it that is beyond its capacity, nor should you beat it more than necessary.

The animal that is to be slaughtered or killed on account of it being harmful should be slaughtered or killed quickly. Do not cause it any agitation. Do not take its life after having starved it.

Additional points
If there is any shortcoming in fulfilling the rights of a person, fulfil that which can be fulfilled or else, ask for forgiveness. For example, you are still owing someone some money or you cheated someone, etc. (In such a case you should try and pay the debt, but if you cannot do so, then seek forgiveness from the person). As for the right which can only be forgiven, seek forgiveness for it, e.g. you spoke ill of a person or beat him (In such a case, it is obvious that you cannot pay him anything. Instead, you will have to seek his forgiveness).

If, due to some reason, you cannot fulfil their rights nor can you seek their forgiveness, then you should continue making dua for these people. It is possible that on the day of judgement Allah Ta'ala will try and influence them to forgive you. However, later if you are in a position to fulfil their rights or seek their forgiveness, then do not hesitate in doing so.

As for the rights that are due to you and there is a hope of their being fulfilled, then be lenient when asking for them. As for those where there is no hope of their being fulfilled or, they are such that they cannot be fulfilled, such as ghibah, then although there is the hope of your receiving rewards in return for them on the day of judgement, however, more reward has been mentioned with regard to forgiving them in this world. It will be much better if you forgive them completely or absolve them completely. This is especially when the person earnestly seeks forgiveness from you.

The Rights of Parents in Islam

The Rights of Parents

1. You should not cause them any harm even if they commit any excesses.

2. Respect and honour them in your speech and dealings with them.

3. Obey them in permissible acts.

4. If they are in need of money, assist them even if they are kafirs.

5. The following rights are due to parents after their death:

(a) Continue making duas of forgiveness and mercy for them. Continue sending rewards to them in the form of optional acts of worship and charity on their behalf.

(b) Meet their friends and relatives in a friendly way and also assist them wherever possible.

(c) If you have the finances, fulfil their unpaid debts and the permissible bequests that they have made.

(d) When they pass away, abstain from crying and wailing aloud or else their souls will be troubled.

6. According to the Shariah, the rights of the paternal and maternal grandparents are similar to those of the parents and they should be regarded as such.

7. Similarly, the rights of the maternal and paternal uncles and aunts are similar to those of the parents. This has been deduced from certain Ahadith. (Rasulullah sallallahu alayhi wa sallam said:  "The maternal aunt has the status of one’s mother." - Tirmidhi)

Rights of Husband in Islam

Rights of Husband

Allah TaAla has given great rights to the husband and has attached a lot of virtue to him. Pleasing the husband and keeping him happy is a great act of ‘ibadah and displeasing him or keeping him unhappy is a major sin.

1. Rasulullah sallallahu alayhi wa sallam said:  "The woman who offers her five times salat, fasts in the month of Ramadan, protects her honour and respect, and obeys her husband has the choice of entering jannah from whichever door she wishes to enter from." This means that from the eight doors of jannah she can enter through whichever door she wishes without even having to knock on that door.

2. Rasulullah sallallahu alayhi wa sallam said:  "The woman who passes away in such a state that her husband is pleased with her will enter jannah."

3. Rasulullah sallallahu alayhi wa sallam said:  "Were I to command anyone to prostrate to anyone other than Allah, I would have commanded the woman to prostrate to her husband. If the husband orders his wife to carry the boulders of one mountain to the next mountain, and the boulders of the next mountain to a third mountain, she will have to do this."

4. Rasulullah sallallahu alayhi wa sallam said:  "When the husband calls his wife, she should go immediately to him even if she is busy at her stove." In other words, no matter how important a task she may be busy with, she should leave it and go to him.
5. Rasulullah sallallahu alayhi wa sallam said:  "When a man calls his wife to engage in sexual intercourse with him and she does not go and because of this he sleeps away angrily, the angels continue cursing this woman till the morning."

6. Rasulullah sallallahu alayhi wa sallam said:  "When a woman troubles or displeases her husband in this world, the hûr of jannah that has been set aside for him says:  "May Allah curse you! Do not trouble him. He is your guest for a few days. Soon he will leave you and come to me."

7. Rasulullah sallallahu alayhi wa sallam said:  "There are three types of people whose salat is not accepted, nor is any other good act of theirs accepted. One is a slave who runs away from his master. The second is a woman whose husband is displeased with her. The third is a person who is in a state of intoxication."

8. A person asked:  "Who is the best woman?" Rasulullah sallallahu alayhi wa sallam replied:  "The best woman is one who pleases her husband when he looks at her, when he asks her to do something she obeys him, and she does not do anything that may displease him with regard to his wealth and honour."

One of the rights of the husband is that the wife should not keep any optional fasts nor offer any optional salat in his presence without his permission. Among the rights of the husband is that she should not remain in an untidy, dishevelled state. Instead, she should always remain clean and beautiful for her husband. In fact, if she remains untidy and dishevelled despite her husband ordering her to remain clean, he has the right of beating her (lightly) in order that she may obey him. Another right of the husband is that she should not leave the house without his permission irrespective of whether it be the house of a friend, relative or anyone else.

Explanation of Islamic Terms

Explanation of Islamic Terms

Alim: One who has attained a considerable amount of Islamic knowledge. He could also be referred to as an Islamic scholar.

Barakah: Literally means "blessings". It refers to the experiencing of abundance in things, which are apparently insignificant or little, both in value and amount.

Bid’ah: Literally means "innovation". In Islam it refers to introducing new things into religion which have no basis in the Quran or Sunnah, and in addition to this, to regard these new things as acts of ‘ibadah. A bid'ah is a major sin in Islam.

Dua ul-maghfirah: Supplicating to Allah Ta'ala and asking Him for His forgiveness.

I’la: Annulment of a marriage after the husband's sworn testimony to have refrained from sexual intercourse with his wife for a period of at least four months. For further details, refer to the chapter on ‘i la’.

Fard: Literally means "compulsory". In Islam it refers to those acts and things which are compulsory on a Muslim. Abandoning or abstaining from a fard act is a major sin. Rejecting a fard act amounts to kufr.

Fatwa: A formal legal opinion or verdict in Islamic law.

Ghayr mahram: Refers to all those persons with whom marriage is permissible. Based on this, it is incumbent to observe purdah with all ghayr mahrams.

Ghibah: Slander or backbiting.

Hayd: Monthly periods or menstruation experienced by a woman.

Hajj: Literally means "pilgrimage". In Islam it refers to the annual pilgrimage to Makkah.

Halal: That which is lawful or permissible in Islam.

Haram: That which is unlawful or prohibited in Islam.

Hur: Refers to the large-eyed women of jannah, promised to the believers.

Ibadah: Literally means "worship". In Islam it refers to all those acts of worship which one renders to Allah Ta'ala.

Iddah: A period of waiting during which a woman may not remarry after being widowed or divorced. For further details, refer to the chapter on iddah.

Ihram: Two pieces of unstitched cloth donned by the person performing hajj or umrah.

Jahannam: Hell.

Jama’ah:  A group, party, community.

Jannah:  Paradise.

Kafir: Literally means "a disbeliever". In Islam it refers to one who rejects Allah and does not believe in Muhammad sallallahu ‘alayhi wa sallam as the final messenger of Allah.

Kaffarah: Literally means "penance, atonement, expiation". In Islamic law it refers to redemption from the omission of certain religious duties by a material donation or a ritual act. For further details, refer to the chapter on kaffarah.

Khula: Divorce at the instance of the wife who must pay compensation. For further details, refer to the chapter on khula.

Kuffar: Plural of kafir.

Li'an: Sworn allegation of adultery committed by either husband or wife. For further details, refer to the chapter on li'an.

Madrasah: Literally means "a school". Also used to refer to a religious school.

Maghrib: Literally means "evening or sunset". Also refers to the time of sunset and the salat that is offered thereafter.

Mahr: Dower or bridal money.

Mahram: Refers to the person with whom marriage is not permissible and with whom strict purdah is not incumbent.

Mahrul mithl: The dower or bridal money that is equal to or similar than that which was given to a girl's paternal grandmothers. For further details, refer to the chapter on mahrul mithl.

Masa'il: Plural of mas'ala.

Mas'ala: Literally means "an issue, problem or question". In Islamic jurisprudence, it refers to a rule or regulation.

Mustahab: Literally means "preferable or desirable". Refers to that act which was carried out by Rasulullah sallallahu alayhi wa sallam or the Sahabah occasionally. Carrying out these actions entails reward and leaving them out does not entail punishment.

Nafl: Optional.

Nadhr: A vow or solemn pledge.

Nifas: Refers to the flowing of blood after child-birth.

Nikah: Marriage.

Perdah: An Urdu word meaning "seclusion". It is an equivalent of the Arabic word "hijab". Refers to the seclusion of women from strangers. There are different stages of purdah, the highest of which is that the woman should not come out of her home except for a valid Islamic reason.

Qada: Literally means "carrying out or fulfilling". In Islamic jurisprudence it refers to fulfilling or completing those duties that one may have missed out due to some reason or the other.

Qadiani: A heretical sect which regards Mirza Ghulam Ahmad Qadiani as a prophet of Allah. Qadianis are regarded as disbelievers.

Qiblah: The direction in which one faces when offering salat.

Qurbani: Literally means "sacrifice". In Islam it refers to the sacrificing of animals solely for the pleasure of Allah Ta'ala on the day of idul-Ad'ha and the two days following it.

Rahmah: Mercy.

Ramadan: The ninth month of the Islamic calendar which is regarded as the most sacred month.

Salam: Literally means "peace".

Shari‘ah: The Islamic Law.

Shaytan: Satan or the devil.

Shi’ah: A heretical sect found primarily in Iran.

Sunnat-e-Mu’akkadah: Refers to those actions which  Rasulullah sallallahu ‘alayhi wa sallam carried out continuously. It is a sin to leave out such a sunnah without any valid excuse.

Sunni: Refers to those who belong to the Ahlus Sunnah wal Jama'ah. This term is generally used as an opposite to Sh i ‘ah.

Surmah: Antimony. A black powdery substance that is applied to the eyes. It is sunnah to apply surmah.

Talaq: Divorce.

Talaq-e-kinayah: A divorce that is issued in vague terms without clearly uttering the words of talaq.

Talaq-e-sarih: A divorce that is issued in clear terms without leaving any vagueness or doubt.

Talaqul ba'in: A divorce, which causes the annulment of the marriage. If a person wishes to retain his wife to whom he had issued a talaqul ba'in, he will have to remarry her, i.e. their nikah will have to be re-performed.

Talaqul mughallazah: A divorce which not only causes the annulment of the marriage, but if the couple wish to remarry, the woman will have to marry another person first, when he divorces her or passes away, only then can she remarry her first husband.

Talaqur raj'ai : A revocable divorce.

For further details with regard to all the above forms of talaq, refer to the relevant chapters.

Ulama: Plural of alim.

Ummah: Literally means "community or nation". Here it refers to the Muslim community and nation.

Wajib: Literally means "obligatory". In Islamic jurisprudence it refers to that act which has not been established by an absolute proof. Leaving out a wajib without any valid reason makes one a fasiq and entails punishment.

Wali: In the context of marriage or divorce, it refers to the legal guardian of a minor.

Walimah: Refers to the feast that is organized after a marriage. It usually takes place after the bride and bride groom have spent a night together.

Wudu: Literally means "purity or cleanliness". In Islamic terminology, it refers to the act of washing oneself before offering salat.

Zihar: Likening one's wife to one's mother. It is a form of divorce. For further details, refer to the chapter on zihar.