I must apologize first as whenever i use the link (to add link to post) it does not work.. for some reason the site does not show up so instead of you being able to click and it going to the site automatically copy/paste into browser. i am so sorry as i can not figure out why it does not work for me as i have seen is most blogs.. i ave no idea how to fix it and also i have no idea about html even though i have tried reading for hours on how to fix my blog to the way i want it..
These are some of the best sites Subhanallah! I am always looking for more information.
http://islamswomen.com/
http://www.jannah.org/sisters/index.html
http://www.dhikrullah.com/
http://www.islamonline.net/English/In_Depth/Religious/Fatwas_Series/index.shtml
Marriage and Intimate Relations: Fatwas
http://www.islamonline.net/servlet/Satellite?c=Article_C&cid=1193049557454&pagename=Zone-English-Living_Shariah/LSELayout
Links to main sites: This one was sent to me via email.
Some of them work and some dont. They have many languages available
http://www.islam-links.eu/
Showing posts with label Unity. Show all posts
Showing posts with label Unity. Show all posts
11.28.2009
A more in depth look at marriage in Islam Part 1
*This article is not of my own. It belongs to this site> http://www.jannah.org/sisters/marr.html
MARRIAGE IN ISLAM.
^^^^^^^^^^^^^^^^^^
Islam, unlike other religions is a strong advocate of marriage. There is no place for celibacy like, for example the Roman Catholic priests and nuns. The prophet (pbuh) has said "there is no celibacy in Islam.
Marriage is a religious duty and is consequently a moral safeguard as well as a social necessity. Islam does not equal celibacy with high "taqwa" / "Iman". The prophet has also said, "Marriage is my tradition who so ever keeps away there from is not from amongst me".
Marriage acts as an outlet for sexual needs and regulate it so one does not become a slave to his/ her desires.
It is a social necessity because through marriage, families are established and the family is the fundamental unit of our society. Furthermore, marriage is the only legitimate or halal way to indulge in intimacy between a man and a woman.
Islam takes a middle of the road position to sexual relations , it neither condemns it like certain religions, nor does it allow it freely. Islam urges us to control and regulate our desires, whatever they may be so that we remain dignified and not become like animals.
The purpose of Marriage.
^^^^^^^^^^^^^^^^^^^^^^^
The word "zawj" is used in the Qur'an to mean a pair or a mate. In general it usage refers to marriage. The general purpose of marriage is that the sexes can provide company to one another, love to one another, procreate children and live in peace and tranquility to the commandments of Allah.
* Marriage serves as a means to emotional and sexual gratification and as a means of tension reduction. It is also a form of Ibadah because it is obeying Allah and his messenger - i.e. Marriage is seen as the only possible way for the sexes to unite. One could choose to live in sin, however by choosing marriage one is displaying obedience to Allah.
Marriage is "mithaq" - a solemn covenant (agreement). It is not a matter which can be taken lightly. It should be entered into with total commitment and full knowledge of what it involves. It is not like buying a new dress where you can exchange it if you don't like it. Your partner should be your choice for life. One should be mature enough to understand the demands of marriage so that the union can be a lasting one. For a marriage to be valid certain conditions must be met.
1) consent of both parties.
2) " Mahr" a gift from the groom to his bride.
3) Witnesses- 2 male or female.
4) The marriage should be publicized, it should never be kept secret as it leads to suspicion and troubles within the community.
Is Marriage obligatory?
^^^^^^^^^^^^^^^^^^^^^^^
According to Imams Abu Hanifah, Ahmad ibn Hanbal and Malik ibn Anas, marriage is recommendatory, however in certain individuals it becomes wajib/obligatory. Imam Shaafi'i considers it to be nafl or mubah (preferable). The general opinion is that if a person, male or female fears that if he/she does not marry they will commit fornication, then marriage becomes "wajib". If a person has strong sexual urges then it becomes "wajib" for that person to marry. Marriage should not be put off or delayed especially if one has the means to do so.
A man, however should not marry if he or she does not possess the means to maintain a wife and future family, or if he has no sex drive or if dislikes children, or if he feels marriage will seriously affect his religious obligation.
The general principle is that prophet (pbuh) enjoined up in the followers to marry.
He said "when a man marries, he has fulfilled half of his religion , so let him fear Allah regarding the remaining half." This hadith is narrated by Anas. Islam greatly encourages marriage because it shields one from and upholds the family unit which Islam places great importance.
Selection of a partner:
^^^^^^^^^^^^^^^^^^^^^^^
The choice of a partner should be the one with the most "taqwa" (piety). The prophet recommended the suitors see each other before going through with marriage. It is unreasonable for two people to be thrown together and be expected to relate and be intimate when they know nothing of each other. The couple are permitted to look at each other with a critical eye and not a lustful one. This ruling does not contradict the ayah which says that believing men and women should lower their gaze.
- The couple, however are not permitted to be alone in a closed room or go out together alone. As the hadith says "when a man and a woman are together alone, there is a third presence i.e. shaitan.
- There is no concept of courtship in Islam as it is practised in the west. There is no dating or living in defacto relationship or trying each other out before they commit to each other seriously. There is to be no physical relationship what so ever before marriage. The romantic notions that young people often have, have proven in most cases to be unrealistic and harmful to those involved. We only have to look at the alarming divorce rate in the west to understand this point. e.g. the couple know each other for years, are intimate, live together and so on yet somehow this does not guarantee the success of the future marriage. Romance and love simply do not equal a everlasting bond between two people.
Fact: Romance and love die out very quickly when we have to deal in the real world. The unrealistic expectations that young people have is what often contributes to the failure of their relationship.
- The west make fun of the Islamic way of marriage in particular arranged marriage, yet the irony is that statistically arranged marriages prove to be more successful and lasting than romantic types of courtship.
This is because people are blinded by the physical attraction and thus do not choose the compatible partner.
Love blinds people to potential problems in the relationship. There is an Arabic saying: which says "the mirror of love is blind, it makes zucchini into okra". Arranged marriages on the other hand, are based not on physical attraction or romantic notions but rather on critical evaluation of the compatibility of the couple.
This is why they often prove successful.
Consent of parties.
^^^^^^^^^^^^^^^^^^^
There is a halal arranged marriage and a haram one. It is OK to arrange marriages by suggestion and recommendation as long as both parties are agreeable. The other arranged marriage is when parents choose the future spouse and the couple concerned are forced or have no choice in the matter.
One of the conditions of a valid marriage is consent of the couple.
Marriage by definition is a voluntary union of two people.
The choice of a partner by a Muslim virgin girl is subject to the approval of the father or guardian under Maliki school. This is to safeguard her welfare and interests. The prophet said "the widow and the divorced woman shall not be married until she has consented and the virgin shall not be married until her consent is obtained. The prophet did revoke the marriage of a girl who complained to him that her father had married her against her wishes.
The husband/wife relationship.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-The wifes rights - the Husbands obligations.
(1) Maintenance
The husband is responsible for the wifes maintenance. This right is established by authority of the Qur'an and the sunnah. It is inconsequen tial whether the wife is a Muslim , non-Muslim, rich, poor, healthy or sick. A component of his role as "qawam" (leader) is to bear the financial responsibility of the family in a generous way so that his wife may be assured security and thus perform her role devotedly.
The wifes maintenance entails her right to lodging, clothing, food and general care, like medication, hospital bills etc. He must lodge her where he resides himself according to his means. The wifes lodge must be adequate so as to ensure her privacy, comfort and independence.
If a wife has been used to a maid or is unable to attend to her household duties, it is the husbands duty to provide her with a maid if he can afford to do so. The prophet is reported to have said: The best Muslim is one who is the best husband.
(2) "Mahr "
The wife is entitled to a marriage gift that is her own. This may be prompt or deferred depending on the agreement between the parties. A marriage is not valid without mahr. It does not have to be money or gold. It can be non-material like teaching her to read the Qur'an. " Mahr" is a gift from the groom to the bride. This is the Islamic law, unlike some cultures whereby the brides parents pay the future husband to marry the daughter. This practice degrades women and is contrary to the spirit of Islam. There is no specification in the Qur'an as to what or how much the Mahr has to be. It depends on the parties involved.
(3) Non-material rights.
A husband is commanded by the law of Allah to treat his wife with equity, respect her feelings and show kindness and consideration, especially if he has another wife. The prophet last sermon stresses kindness to women.
The wife obligations - the Husbands rights.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
One of the main duties of the wife is to contribute to the success and blissfulness of the marriage. She must be attentive to the comfort and wellbeing of her husband. The Qur'anic ayah which illustrates this point is:
"Our lord, grant us wives and offspring who will be the apples of our eyes and guide us to be models for the righteous"
The wife must be faithful, trustworthy and honest she must not deceive her husband by deliberately avoiding contraception. She must not allow any other person to have access to that which is exclusively the husband right i.e. sexual intimacy. She must not receive or entertain strange males in the house without his knowledge and consent. She should not be alone with a strange male. She should not accept gifts from other men without his approval. This is meant to avoid jealousy, suspicion and gossip. The husband possessions are her trust. She may not dispose of his belongings without his permission.
A wife should make herself sexually attractive to her husband and be responsive to his advances. The wife must not refuse her husband sexually as this can lead to marital problems and worse still - tempt the man to adultery. The husband of course should take into account the wifes health and general consideration should be given.
Obedience.
^^^^^^^^^
The purpose of obedience in the relationship is to keep the family unit running as smoothly as possible. The man has been given the right to be obeyed because he is the leader and not because he is superior. If a leader is not obeyed , his leadership will become invalid -Imagine a king or a teacher or a parent without the necessary authority which has been entrusted to them.
Obedience does not mean blind obedience. It is subject to conditions:
(a) It is required only if what is asked from the wife is within the permissible categories of action.
(b) It must be maintained only with regard to matters that fall under the husband rights.
MARRIAGE IN ISLAM.
^^^^^^^^^^^^^^^^^^
Islam, unlike other religions is a strong advocate of marriage. There is no place for celibacy like, for example the Roman Catholic priests and nuns. The prophet (pbuh) has said "there is no celibacy in Islam.
Marriage is a religious duty and is consequently a moral safeguard as well as a social necessity. Islam does not equal celibacy with high "taqwa" / "Iman". The prophet has also said, "Marriage is my tradition who so ever keeps away there from is not from amongst me".
Marriage acts as an outlet for sexual needs and regulate it so one does not become a slave to his/ her desires.
It is a social necessity because through marriage, families are established and the family is the fundamental unit of our society. Furthermore, marriage is the only legitimate or halal way to indulge in intimacy between a man and a woman.
Islam takes a middle of the road position to sexual relations , it neither condemns it like certain religions, nor does it allow it freely. Islam urges us to control and regulate our desires, whatever they may be so that we remain dignified and not become like animals.
The purpose of Marriage.
^^^^^^^^^^^^^^^^^^^^^^^
The word "zawj" is used in the Qur'an to mean a pair or a mate. In general it usage refers to marriage. The general purpose of marriage is that the sexes can provide company to one another, love to one another, procreate children and live in peace and tranquility to the commandments of Allah.
* Marriage serves as a means to emotional and sexual gratification and as a means of tension reduction. It is also a form of Ibadah because it is obeying Allah and his messenger - i.e. Marriage is seen as the only possible way for the sexes to unite. One could choose to live in sin, however by choosing marriage one is displaying obedience to Allah.
Marriage is "mithaq" - a solemn covenant (agreement). It is not a matter which can be taken lightly. It should be entered into with total commitment and full knowledge of what it involves. It is not like buying a new dress where you can exchange it if you don't like it. Your partner should be your choice for life. One should be mature enough to understand the demands of marriage so that the union can be a lasting one. For a marriage to be valid certain conditions must be met.
1) consent of both parties.
2) " Mahr" a gift from the groom to his bride.
3) Witnesses- 2 male or female.
4) The marriage should be publicized, it should never be kept secret as it leads to suspicion and troubles within the community.
Is Marriage obligatory?
^^^^^^^^^^^^^^^^^^^^^^^
According to Imams Abu Hanifah, Ahmad ibn Hanbal and Malik ibn Anas, marriage is recommendatory, however in certain individuals it becomes wajib/obligatory. Imam Shaafi'i considers it to be nafl or mubah (preferable). The general opinion is that if a person, male or female fears that if he/she does not marry they will commit fornication, then marriage becomes "wajib". If a person has strong sexual urges then it becomes "wajib" for that person to marry. Marriage should not be put off or delayed especially if one has the means to do so.
A man, however should not marry if he or she does not possess the means to maintain a wife and future family, or if he has no sex drive or if dislikes children, or if he feels marriage will seriously affect his religious obligation.
The general principle is that prophet (pbuh) enjoined up in the followers to marry.
He said "when a man marries, he has fulfilled half of his religion , so let him fear Allah regarding the remaining half." This hadith is narrated by Anas. Islam greatly encourages marriage because it shields one from and upholds the family unit which Islam places great importance.
Selection of a partner:
^^^^^^^^^^^^^^^^^^^^^^^
The choice of a partner should be the one with the most "taqwa" (piety). The prophet recommended the suitors see each other before going through with marriage. It is unreasonable for two people to be thrown together and be expected to relate and be intimate when they know nothing of each other. The couple are permitted to look at each other with a critical eye and not a lustful one. This ruling does not contradict the ayah which says that believing men and women should lower their gaze.
- The couple, however are not permitted to be alone in a closed room or go out together alone. As the hadith says "when a man and a woman are together alone, there is a third presence i.e. shaitan.
- There is no concept of courtship in Islam as it is practised in the west. There is no dating or living in defacto relationship or trying each other out before they commit to each other seriously. There is to be no physical relationship what so ever before marriage. The romantic notions that young people often have, have proven in most cases to be unrealistic and harmful to those involved. We only have to look at the alarming divorce rate in the west to understand this point. e.g. the couple know each other for years, are intimate, live together and so on yet somehow this does not guarantee the success of the future marriage. Romance and love simply do not equal a everlasting bond between two people.
Fact: Romance and love die out very quickly when we have to deal in the real world. The unrealistic expectations that young people have is what often contributes to the failure of their relationship.
- The west make fun of the Islamic way of marriage in particular arranged marriage, yet the irony is that statistically arranged marriages prove to be more successful and lasting than romantic types of courtship.
This is because people are blinded by the physical attraction and thus do not choose the compatible partner.
Love blinds people to potential problems in the relationship. There is an Arabic saying: which says "the mirror of love is blind, it makes zucchini into okra". Arranged marriages on the other hand, are based not on physical attraction or romantic notions but rather on critical evaluation of the compatibility of the couple.
This is why they often prove successful.
Consent of parties.
^^^^^^^^^^^^^^^^^^^
There is a halal arranged marriage and a haram one. It is OK to arrange marriages by suggestion and recommendation as long as both parties are agreeable. The other arranged marriage is when parents choose the future spouse and the couple concerned are forced or have no choice in the matter.
One of the conditions of a valid marriage is consent of the couple.
Marriage by definition is a voluntary union of two people.
The choice of a partner by a Muslim virgin girl is subject to the approval of the father or guardian under Maliki school. This is to safeguard her welfare and interests. The prophet said "the widow and the divorced woman shall not be married until she has consented and the virgin shall not be married until her consent is obtained. The prophet did revoke the marriage of a girl who complained to him that her father had married her against her wishes.
The husband/wife relationship.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
-The wifes rights - the Husbands obligations.
(1) Maintenance
The husband is responsible for the wifes maintenance. This right is established by authority of the Qur'an and the sunnah. It is inconsequen tial whether the wife is a Muslim , non-Muslim, rich, poor, healthy or sick. A component of his role as "qawam" (leader) is to bear the financial responsibility of the family in a generous way so that his wife may be assured security and thus perform her role devotedly.
The wifes maintenance entails her right to lodging, clothing, food and general care, like medication, hospital bills etc. He must lodge her where he resides himself according to his means. The wifes lodge must be adequate so as to ensure her privacy, comfort and independence.
If a wife has been used to a maid or is unable to attend to her household duties, it is the husbands duty to provide her with a maid if he can afford to do so. The prophet is reported to have said: The best Muslim is one who is the best husband.
(2) "Mahr "
The wife is entitled to a marriage gift that is her own. This may be prompt or deferred depending on the agreement between the parties. A marriage is not valid without mahr. It does not have to be money or gold. It can be non-material like teaching her to read the Qur'an. " Mahr" is a gift from the groom to the bride. This is the Islamic law, unlike some cultures whereby the brides parents pay the future husband to marry the daughter. This practice degrades women and is contrary to the spirit of Islam. There is no specification in the Qur'an as to what or how much the Mahr has to be. It depends on the parties involved.
(3) Non-material rights.
A husband is commanded by the law of Allah to treat his wife with equity, respect her feelings and show kindness and consideration, especially if he has another wife. The prophet last sermon stresses kindness to women.
The wife obligations - the Husbands rights.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
One of the main duties of the wife is to contribute to the success and blissfulness of the marriage. She must be attentive to the comfort and wellbeing of her husband. The Qur'anic ayah which illustrates this point is:
"Our lord, grant us wives and offspring who will be the apples of our eyes and guide us to be models for the righteous"
The wife must be faithful, trustworthy and honest she must not deceive her husband by deliberately avoiding contraception. She must not allow any other person to have access to that which is exclusively the husband right i.e. sexual intimacy. She must not receive or entertain strange males in the house without his knowledge and consent. She should not be alone with a strange male. She should not accept gifts from other men without his approval. This is meant to avoid jealousy, suspicion and gossip. The husband possessions are her trust. She may not dispose of his belongings without his permission.
A wife should make herself sexually attractive to her husband and be responsive to his advances. The wife must not refuse her husband sexually as this can lead to marital problems and worse still - tempt the man to adultery. The husband of course should take into account the wifes health and general consideration should be given.
Obedience.
^^^^^^^^^
The purpose of obedience in the relationship is to keep the family unit running as smoothly as possible. The man has been given the right to be obeyed because he is the leader and not because he is superior. If a leader is not obeyed , his leadership will become invalid -Imagine a king or a teacher or a parent without the necessary authority which has been entrusted to them.
Obedience does not mean blind obedience. It is subject to conditions:
(a) It is required only if what is asked from the wife is within the permissible categories of action.
(b) It must be maintained only with regard to matters that fall under the husband rights.
7.26.2009
One Religion Different Interpretations: fatwa: islamonline.net
Difference of opinions could be a healthy phenomenon and could also be a damaging one. This depends on the nature of disagreement and how it is perceived and tackled.
There are clear injunctions for Muslims to maintain unity and avoid division. Almighty Allah says: (And hold fast, all together, by the rope which Allah (stretches out for you), and be not divided among yourselves) (Aal `Imran 3.103) and says: (and fall into no disputes, lest ye lose heart and your power depart) (Al-Anfal 8:48)
However, this did not withhold Muslim jurists and thinkers from employing their intellects in comprehending and interpreting the divine message expressed in the Qur'an and the Sunnah. This, for a variety of reasons, has resulted in a wide range of interpretations that have enriched the intellectual debates throughout the Muslim history. Of course, not all of these interpretations are correct, acceptable, or even excusable.
Therefore, a group of Muslim scholars have occupied themselves with establishing the criteria and methodology of how to differentiate proper interpretations from improper ones. The unprecedented science of Usul al-fiqh provide the basic tools necessary to approach shari`ah texts and the requirements for those eligible for practicing this interpretation.
Responding to the issue you have raised, Dr. Hatem Al-Haj, Professor of Fiqh at Shari`ahAcademy of America, stated:
Allah says, (If your Lord had so willed, He would have made mankind one people, but they will not cease to differ, except those on whom Your Lord has bestowed His mercy, and for this did He create them.) (11: 118-119).
Human beings are diverse and different in their mental capabilities, world views, perceptions and thoughts. All these are catalysts to having multiplicity of opinions and judgments. When the constitution of the USA, which was written only about 200 years ago by humans, is interpreted by the Supreme Court, the judges differ in their interpretations and it is usually 5/4 or 6/3 division. Difference of opinions is not equal to dissension and doesn't necessarily lead to it if the intentions are sincere and the methodology of deduction is sound and the ethics of disagreement are observed.
Let us follow those parameters to avoid the abhorred and forbidden dissension. Allah says, (And be not as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment.) (Aal `Imarn 3:105)
Let us cherish the intellectual freedom of our religion, and let us cherish the lack of papal hierarchy.
There are several benefits for healthy disagreement and variety of opinions that have always existed in our Ummah since the time of the Sahabah. Of those benefits is to protect the religion from human fallibility when people agree on something wrong, and of them is to stimulate the great intellectual discourse with the subsequent intellectual vitality which all resulted in this great fiqhi heritage of ours.
The disagreement over the ruling of covering the face and whether it is mandatory is an old one; and though the majority believes it is not mandatory, the other position can't be discredited and the legitimacy of doing so is a matter of consensus. Men and women are different and equity is what Allah prescribed, but their roles will continue to vary.
The media may not say the truth at times and may spin it at other times. So, don't base your opinions about your fellow Muslims on what you watch on FOX news. Having said this, there is a kind of extremism within some Muslims. There is also laxity in others, and that is a much bigger problem in my view.
The only way to deal with both sides is to refer them to the Book of Allah and the Sunnah of His Messenger, as Allah says, (O you who believe! Obey Allah and obey the Messenger, and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.) (Al-Nisa` 4:59)
The people who are most capable of referring matters to Allah and His Messenger are the trustworthy scholars who are deeply-grounded in knowledge. Allah says, (…if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly).) (An-Nisa': 83)
There are clear injunctions for Muslims to maintain unity and avoid division. Almighty Allah says: (And hold fast, all together, by the rope which Allah (stretches out for you), and be not divided among yourselves) (Aal `Imran 3.103) and says: (and fall into no disputes, lest ye lose heart and your power depart) (Al-Anfal 8:48)
However, this did not withhold Muslim jurists and thinkers from employing their intellects in comprehending and interpreting the divine message expressed in the Qur'an and the Sunnah. This, for a variety of reasons, has resulted in a wide range of interpretations that have enriched the intellectual debates throughout the Muslim history. Of course, not all of these interpretations are correct, acceptable, or even excusable.
Therefore, a group of Muslim scholars have occupied themselves with establishing the criteria and methodology of how to differentiate proper interpretations from improper ones. The unprecedented science of Usul al-fiqh provide the basic tools necessary to approach shari`ah texts and the requirements for those eligible for practicing this interpretation.
Responding to the issue you have raised, Dr. Hatem Al-Haj, Professor of Fiqh at Shari`ahAcademy of America, stated:
Allah says, (If your Lord had so willed, He would have made mankind one people, but they will not cease to differ, except those on whom Your Lord has bestowed His mercy, and for this did He create them.) (11: 118-119).
Human beings are diverse and different in their mental capabilities, world views, perceptions and thoughts. All these are catalysts to having multiplicity of opinions and judgments. When the constitution of the USA, which was written only about 200 years ago by humans, is interpreted by the Supreme Court, the judges differ in their interpretations and it is usually 5/4 or 6/3 division. Difference of opinions is not equal to dissension and doesn't necessarily lead to it if the intentions are sincere and the methodology of deduction is sound and the ethics of disagreement are observed.
Let us follow those parameters to avoid the abhorred and forbidden dissension. Allah says, (And be not as those who divided and differed among themselves after the clear proofs had come to them. It is they for whom there is an awful torment.) (Aal `Imarn 3:105)
Let us cherish the intellectual freedom of our religion, and let us cherish the lack of papal hierarchy.
There are several benefits for healthy disagreement and variety of opinions that have always existed in our Ummah since the time of the Sahabah. Of those benefits is to protect the religion from human fallibility when people agree on something wrong, and of them is to stimulate the great intellectual discourse with the subsequent intellectual vitality which all resulted in this great fiqhi heritage of ours.
The disagreement over the ruling of covering the face and whether it is mandatory is an old one; and though the majority believes it is not mandatory, the other position can't be discredited and the legitimacy of doing so is a matter of consensus. Men and women are different and equity is what Allah prescribed, but their roles will continue to vary.
The media may not say the truth at times and may spin it at other times. So, don't base your opinions about your fellow Muslims on what you watch on FOX news. Having said this, there is a kind of extremism within some Muslims. There is also laxity in others, and that is a much bigger problem in my view.
The only way to deal with both sides is to refer them to the Book of Allah and the Sunnah of His Messenger, as Allah says, (O you who believe! Obey Allah and obey the Messenger, and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger, if you believe in Allah and in the Last Day. That is better and more suitable for final determination.) (Al-Nisa` 4:59)
The people who are most capable of referring matters to Allah and His Messenger are the trustworthy scholars who are deeply-grounded in knowledge. Allah says, (…if only they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them (directly).) (An-Nisa': 83)
What Nullifies Ones Faith? Fatwa: Islamonline.net
Image via Wikipedia
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear brother in Islam, thanks for your question. May Allah safeguard us against the nullifiers of faith.
Beliefs dwell in the heart, but undeniably appear in one's practices. Thus, Iman (the Islamic faith) manifests itself in the Muslim's practices which usually reveal the degree of his faith. There are many inward and outward factors that contribute to its increase or decrease. Certain beliefs and acts contradict Islamic faith and thus a Muslim has to be aware of and totally estrange himself from being involved in them.
Responding to this question, AMJA online Jurisprudence Section, stated:
The nullifiers of faith (nawaqid al-iman) are those things that invalidate, falsify and negate it. Apostasy nullifies faith just as ablution (wudu') is nullified by ritual impurity.
The most important nullifiers of faith are:
1 – Associating partners with Allah in Lordship
2 – Associating partners with Allah in worship
3 – Associating partners with Allah in His Divine Names & Attributes
4 – Objecting to, looking down to or denial, rejection or making mockery of the rules of Shari`ah.
A person who nullifies his faith exits the fold of Islam, if he insists on his attitude after being informed and after the proof has been made clear to him.
Consequently, his marriage contract becomes annulled, and therefore, his wife becomes no longer lawful for him after his apostasy. If he dies on disbelief, all his deeds will be in vain as Allah the Most High said, (And whosoever of you turns back from his religion and dies as a disbeliever, the deeds of these people will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire; they will abide therein forever.)(Al-Baqarah 2:217)
Moreover, his repentance will not be accepted once death has approached him, as Allah the Most High said, (Verily, for those who disbelieved after their belief, and then went on increasing in their disbelief – never will their repentance be accepted [because they repent only with their tongues, not with their hearts]. And they are those who are astray.)(Aal-Imran 3:90)
Furthermore, there is no inheritance between such a person and his Muslim family and relatives as the Prophet (peace and blessings be upon him) said; "A Muslim does not inherit from a disbeliever, nor does a disbeliever inherit from a Muslim." (Bukhari and Muslim) He also deserves the Divinely-ordained punishment for the apostate if there is a Muslim state that applies such penalty.
The Prayer of the one who has nullified his faith is also invalid for the same reasons.
However, these aforementioned rules and consequences of nullifying the faith do not apply – as we have said – until the textual proofs has been made clear to the apostate, he has been asked to repent, the misconceptions which have driven him to nullify his faith have been removed, it has been checked that the conditions are applicable and there is absolutely nothing to prevent this specific person from being declared a disbeliever.
The factors preventing a specific Muslim from being declared a disbeliever are many. Among them are: ignorance, falling under compulsion, holding improper interpretation, error and lack of intent.
Furthermore, establishing the proof against him is quite relative. The proof may be established against one person but not against the other. It may be established by one person and not by the other. It is not necessary when the proof has been established against a particular person that it will automatically be established against each and every Muslim in the world.
The basic rule in terms of establishing the proof is that this should be done by someone in authority, such as a scholar qualified to make ijtihad, or an a Muslim ruler, such as a Shari`ah judge in Islamic societies, and the like.
It is necessary to be highly careful in this respect, for it is less serious for a Muslim to err in judging an apostate to be a Muslim than to err in expelling a Muslim from the fold of Islam.
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