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Mujahid

UNITED KINGDOM
Posted - Thursday, June 28, 2007  -  1:56 AM Reply with quote
AOA Perv1,I am sure a detailed discussion with you would help me understand God's guidance in more depth.You may point out areas which i have not considered before.
You know where i live.I am only a phone call away from you.
regards
Mujahid
perv1

UNITED KINGDOM
Posted - Thursday, June 28, 2007  -  10:44 PM Reply with quote
AOA Mujhad

Inshallah we will get togather in the near future & hopefully I can meet bro Waseem at the same time.
Regards
Mujahid

UNITED KINGDOM
Posted - Friday, June 29, 2007  -  1:26 AM Reply with quote
AOA,perv1,looking forward to meeting you both,Insha'Allah.
regards
Mujahid
arashard

SOUTH AFRICA
Posted - Monday, July 02, 2007  -  2:49 PM Reply with quote
Dear Brothers,
As-Salaam-Alaikum,

Tell me if you can , can one get talluqed (divorced) whilst under the influence of alcohol
Mujahid

UNITED KINGDOM
Posted - Tuesday, July 03, 2007  -  10:28 AM Reply with quote
If the person is refusing the intention of divorce or even the consciousness necessary for the intention, then it should not be considered as one. However, if one is not refusing any such lack of consciousness or intention, then there is no reason why it should not be.
The above mentioned views are of a scholar who promotes the approach of this website.
The above view is based on an incident where a person had given three divorces to his wife at a time.Upon asking he said to prophet Muhammad pbuh that he did it in anger and had no such intention.Prophet pbuh nullified his divorce.
regards
raushan

UNITED ARAB EMIRATES
Posted - Wednesday, July 04, 2007  -  8:03 AM Reply with quote
quote:

Dear Brothers,
As-Salaam-Alaikum,
Tell me if you can , can one get talluqed (divorced) whilst under the influence of alcohol

ظہیرالدین نے میٹنگ کے بعد کہا کہ وہ مسجد میں داخل نہیں ہوں گے اور کسی مسلم سماجی تقریب میں بھی شامل نہيں ہوں گے۔ جنوبی چوبیس پرگنہ کے پولیس چیف سدہناتھ گپتا نے بتایا ’ہم ظہیرالدین اور اس کے خاندان کو پورا تحفظ فراہم کریں گے اور خيال رکھیں گے کہ ان کےخلاف کوئی تشدد نہ ہو۔ گاؤں والوں نے ہمیں یقین دلایا ہے کہ اب ظہیرالدین اور اس کے خاندان کو روزمرہ کی ضرورتیں پوری کرنے کی راہ میں کوئی رکاوٹ نہيں کھڑی ہوگی۔ لیکن ان کے مذہبی بائیکاٹ اور مسجد میں ان کے داخلے پر پابندی کے معاملے میں ہم کچھ نہيں کر سکتے ہیں۔‘

اس دوران کلکتہ کی ٹیپو سلطان مسجد کے مفتی شاہی امام مولانا نورالرحمان برکتی مجددی نے بتایا ’اعصابی مایوسی یا بے خبری کی حالت میں دی گئی طلاق طلاق نہيں ہوتی۔ اگر کسی جاہل نے جو کہ دین اور شریعت کے اصولوں سے بالکل ہی ناواقف ہے بے ارادہ یا غصے میں طلاق دے دی ہے تو اس کی بھی کوئی اہمیت نہيں ہے۔

Interesting read in this context:

http://www.bbc.co.uk/urdu/india/story/2007/07/070702_talaq_boycott_si.shtml
raushan

UNITED ARAB EMIRATES
Posted - Wednesday, July 04, 2007  -  1:35 PM Reply with quote
Muta Limited term marriage contract
The following comparison between a universally accepted Nikah and a Muta will be sufficient for even a layman to pronounce through common sense that muta is illegitimate sex.
* Two witnesses are a must (according to all Shia Scholars) for a normal Nikah to be solemnised. No witness is required for the contract of Muta.
* The husband is responsible for the maintenance of wife including her clothes and lodging.
* In a Muta, the man has no such responsibility.
* In special circumstances, and subject to some stiff conditions, a man can have more than one wife, but not exceeding four wives.
* In case of Muta, a man can keep as many women as he likes without any condition of equality between them.
* A wife has a share in her husband’s property after his death. The women of the Muta contract has no share in the man’s property in case of his death.
* According, to Shia scholars, the consent of the girls father is essential in a marriage if the girl is a virgin. The consent of the girl’s father is not necessary in Muta even if the girl is a virgin.
* The term of the normal Nikah is till the death of the spouse. The term of a Muta contract may be fixed at 15 minutes or 50 years as per agreement between them.
* Shia scholars decree that two just witnesses are necessary for a Talaq to be valid. No witness is required to terminate the contract of Muta.
* The Iddat or waiting period of the divorced woman is 3 months and 10 days. The waiting period of the divorced woman of a Muta is half of the above.
* Talaq of a normal marriage cannot be pronounced during the menstrual period of the wife. There is no such condition for terminating Muta contract.
* The wife is entitled to her maintenance during the Iddat of Talaq in a normal marriage. She has no right of maintenance during the Iddat of a Muta.

Shia scholars try to legitimise Muta by quoting the following Qur’anic verse: “Except for those (women described earlier) all other are lawful provided you seek them in marriage with gifts from your property desiring chastity, not fornication. Give them their Mehar for the “Istamta benefit you have of them as a duty..” (4:24).

From the Arabic word ‘Istamta’, the Shias of Imamia sect derive that the verse is about ‘Muta’ as both the words have the same root. But reading it with the specific instruction of the same verse, “desiring chastity, not fornication” makes it amply clear that the verse concerns a legitimate permanent Nikah instead of a short term ‘Muta’ which is nothing but fornication as is evident from the comparison given earlier. Fixed term marriage, that is the Nikah with prior intention of termination, is a sexual independence limited by only one condition that the woman in contract should not be a legitimate wife of someone at the time of contract. If this condition is met anyone can enter into Muta contract with her consent without having a witness at the time of contract, without taking her father’s consent even if she is a virgin and minor. There is no responsibility of the man to provide her maintenance and he is free to keep hundreds of such women together under one roof. If this is not fornication then what is?

Allah Almighty declared in Qur’an: “We exalted the sons of Adam..” (17:70).

The Prophet(Pbuh) said: I have been raised for the completion of moral values.

How can there be a place for Muta in Islam whose scripture declares that successful are those believers “..who guard their modesty except with those joined to them in the marriage bond or (the captives) in your possession (whom you can marry). For (in the above two cases) they are free from blame. But those whose desires exceed those limits are transgressors.” (23:5.7)

Muta, in fact was a custom of the Arabs of the days of ignorance which remained in practice during the earlier days of the Prophet’s (Pbuh) era till on the day of Khaibar of the last Haj, the Prophet (Pbuh) pronounced its total prohibition, in the same manner as wines were declared unlawful in a phased manner.
raushan

UNITED ARAB EMIRATES
Posted - Wednesday, July 04, 2007  -  1:43 PM Reply with quote
Did Hazrat Umar abrogate Muta’?
History tells us that the Prophet (Pbuh) permitted Muta’ on a few occasions of long collective journeys but finally forbade it forever in 10 AH after the last Hajj in his lifetime. The Nikah of Muta’ (Contract of marriage for a limited period) was an ancient practice among Arabs. Arabs were sunk in fornication and adultery while Islam did not permit sexual relations outside the genuine wedlock. The binding was so harsh on them that sensing their weakness, the Prophet (Pbuh) permitted them on four occasions of long journeys, the Muta’ which had a social sanction in their eyes. He had sensed that all of them could not bear to keep away from women for months so the temporary permission of Muta’ was granted as it was better than indiscriminate sex. It may be noted that the permission of Muta’ was on all four occasions granted on long journeys. There is not one occasion when the Prophet announced the permission while in town. It is a matter of interpretation whether the permission remained in force after those journeys or not. Those who believe in Muta’s prohibition should also learn from the Prophet (Pbuh) the wisdom of gradually implementing the laws that are hard to practise for the beginners.

Muta’ possessed some psychological, social and moral respectability over unattatched sex. Firstly the psychological word of Nikah was attached to it. Secondly there was provision of Mehar for the woman in Muta’. Thirdly woman was required to pass the waiting period (Iddat) after the expiry of temporary marriage so that the parentage of the child (if the woman became pregnant) could be known. The child born out of Muta’ was considered legitimate and was accepted as legal heir of his father.

The gradual implementation of prohibition of sex outside (permanent) marriage can be compared with the gradual implementation of prohibition of intoxicants. Though the wines were never permitted in any Shariah of any prophet, the total prohibition was imposed in three stages. The difference between the prohibition of intoxicants and the prohibition of illegal sex is that while the former was implemented in stages by Qur’an, the Prophet (naturally with the consent of Allah) was also instrumental in its phased implementation in case of latter.

It is misleading to blame Caliph Hazrat Umar for repealing or changing a law of Shariah on his own. He only announced the strict implementation of the prohibition declared by the Prophet (Pbuh) after Hajj-atul-wida’ (the last Hajj in his lifetime). The charge of Shias on Hazrat Umar stands annulled on two counts.

If Muta’ was permitted in Shariah and the second Caliph repealed it at his whim, the fourth Caliph Hazrat Ali whose actions are binding on Shias could again have announced its permission. The prohibition of Muta’ remained enforced during the reign of Hazrat Ali.
No Shia would ever permit his daughter to enter into Muta’ contract with any one. The permanent marriages are announced with pride and the world knows of it but we have never come across even a small list of clerics’ daughters who were given into Muta’ proudly. It shows that the practice is practically disgraceful in their own eyes.
http://www.islamicvoice.com/november.99/dailogue.htm

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