“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other (by marriage) if they think that they can keep [within] the limits of Allah. These are the limits of Allah, which He makes clear to a people who know.”  [Surah Baqarah 2:230]

Summary Tafseer of these verses

There are several verses available in relation to Nikah and Talaq. However, it is stated in detail in these few verses in relation to the Talaq. Talaq should not be given more than twice; otherwise, one Talaq is enough to end the marriage. Shari’ah does not require anyone to provide three Talaqs at all. There are two rights for a husband after granting one or two Talaq Raj’ie (revocable) where there is no Bai’n (which curtail instantly) on it. One is to revoke her (with the prescribed method) within the Iddah period (three menstrual cycles). Two, wait till the Iddah time is passed and then release her with appropriate treatment. The wife can remarry whoever she wants, or if both couple agrees, she can remarry her ex-husband with a new Nikah and newly assigned Mahr (dower).

It is important to note that while giving Talaq, you can’t take back what you’ve given as a gift, whether it’s in the form of Mahr or not. However, it is feasible in one circumstance: if the relationship between the couple deteriorates to the point that both believe that they will be unable to uphold the principles of marriage, then exchanging any monetary worth will not result in any sins. A wife can pay a ransom to get out of the marriage, but it must be done with mutual consent, which is known as Khula (see our Khula section for more info). This ransom must not be greater than the Mahr offered by the husband. These are Allah’s swt’s limits. Do not cross these limits; those who do so will only bring harm to themselves.

If a husband gives a third Talaq after a second Talaq, she can marry anybody other than her ex-husband when the iddah time expires. However, if she chooses to reconcile with her ex-husband, she will be unable to do so till she has had the full pleasure of sexual intercourse with the second husband. And this must be on top of her second husband giving her Talaq for a justifiable reason (this will be discussed at the end), or the second husband dies and the iddah time-lapse again, in which case the ex-husband will be allowed to remarry her. They will not be regarded as sinful if they are determined not to violate Allah’s limit of transgression. These verses and signs are revealed by Allah for the intellectuals.

As mentioned above, there are several verses present concerning Islamic Nikah and Talaq. To fully comprehend the Islamic divorce system, one must first comprehend the significance of the Nikah in Islam.

Nikah and Talaq in Islam

One of the aspects of Nikah is that it is a contract that must be carried out with the permission of the couple. This is quite similar to a contract where there is an offer and acceptance in a transaction. Second, this is an “عِبَادَةٌ- ibadah” (worship) based on the Sunnah. The Ummah, on the other hand, is unanimous in its belief that marriage is more than a transaction; it is a Holy relationship. Because it is a Sunnah ibadah, there are more requirements than in a conventional transaction.

Firstly, it is forbidden in Islam for any man to marry any woman. There are conditions for this, and getting married to a woman or vice versa is prohibited based on these conditions.

Secondly, apart from the Nikah, no other transactions or conducts require the presence of a witness. Only when a dispute arises would a witness be required. On the other hand, witnesses are pre-conditioned to marry. Even if two male witnesses or one male and two female witnesses are present, and both sides’ guardians have no objections, the marriage will not be recognized until the couple proposes Ijab and Qabul (offer and acceptance) in front of the witnesses. The basic Sunnah is to arrange a marriage with an open invitation. There are also other norms and regulations that apply after the marriage.

According to Imam Abu Hanifa r.a. and other Imams, they consider that marriage is more about ibadah and Sunnah than it is about a transaction. They’ve presented plenty of Qur’anic and Sunnah-based evidence.

Now that we have a fundamental understanding of marriage, let us move on to learning more about the Talaq (Divorce).

ONE/TWO TALAQ

The literal meaning of Talaq is to terminate or dissolve the marriage contract. According to Shari’ah, by giving Nikah the status of an act of “عِبَادَةٌ Ibadah”, it has kept it at a level higher than common transactions and contracts and has imposed on it several restrictions. Very similarly, the termination of this deal has not been left free, as in common transactions, where the parties may terminate the deal as and when they elect to do so, and go on to make a fresh deal with someone else. It has rather made a pointedly wise legal framework, which has been described in the verses under reference.

Because Islam teaches that marriage is a lifelong commitment, dissolving a marriage necessitates more stringent regulations to ensure that it is not simply broken (except where necessary). The impact of dissolving a marriage is felt not only by the couple but also by their children and relatives. Due to the couple’s marriage breakup, conflicts can occur between both family members, resulting in severe consequences. The Qur’an and Sunnah have provided solutions to those factors that contribute to marriage dissolution. In the Qur’an and Sunnah, there are various admonitions about strengthening the bond between husband and wife. It can be viewed as a mechanism for keeping track of a relationship and filling any gaps that may exist.

The first step to take: When a couple is afraid of being deserted, the Qur’an encourages them to take a few steps forward. First and foremost, admonish them. If this doesn’t work, set up a separate living space (not sharing same bed). Even if it doesn’t work out, tough counseling may be used to mitigate the situation. If none of these methods work, one may select a panel of arbitrators made up of members of their immediate families to help reconcile the disagreements and resolve the issue at hand.

The emphasis on making the first few steps has been laid down by Allah swt, in the following verses which Allah said:

“But those [wives] from whom you fear arrogance, [first] advise them; [then if they persist], forsake them in bed; and [finally] strike them [without violence]. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand.” [Surah an-Nisa, verse: 34]

“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed Allah is ever Knowing and acquainted” [with all things]. [Surah an-Nisa, verse:35] 

The need of appointing an arbitrator between both families [among the family members] is stressed in the preceding verses. This is because when this issue is brought to the attention of outsiders rather than family members, the situation can deteriorate, as both parties may feel ashamed and hence distance themselves from one another. However, arbitrators from outside of the family members can also be appointed if they cannot be handled by both immediate family members. Moreover, occasionally the situation worsens, and despite the best efforts of family members, and arbitrators, it fails, and it becomes impossible to maintain the relationship as husband and wife.

When the relationship reaches that point, it is better to terminate the marriage for the sake of both parties’ tranquillity and security and most importantly for the better future. To free both parties from this oppressive condition, Islam pays special attention to the psychological and social well-being of the couple and allows the marriage to be annulled. In contrast to other religions, Islam does not terminate a marriage for eternity. Rather it emphasized on few steps to take before terminating for eternity if there is a need.

In Islam, a man has the unilateral authority to divorce his wife verbally or in writing. The right of divorce was given to a man alone in whom the ingredients of thought, end-perception, and forbearance were more pronounced than in a woman. This free choice was not given in the hands of a woman so that the disposition of being overtaken by transitory emotions, which is more pronounced in women as compared to men, may not become the cause of divorce.

Since women have less tolerance (especially when it comes to matrimonial matters), otherwise they would use it as ammo in situations when it is not necessary. This is not to suggest that Islam has stripped women of their rights when it comes to “Islamic Divorce.” When she is faced with adversity, a brutal relationship, or even domestic violence, she has the right to seek Islamic Khula (mutual consent to end the marriage) or Faskh (institutional dissolution) if she can justify her reasons for requesting the divorce.

Although the right to divorce is universally granted to the husband and is halal, this act is most detested in the eyes of Allah swt. It appears in Hadith: Narrated by Abdullah Ibn Umar r.a: “The Prophet s.a.w said: Of all lawful acts the most detestable to Allah is divorce”. [Sunan Abi Dawud-2178]

Islam has established the following conditions to avoid divorce during particular times

The second restriction: is that this option should not be used in times of strong rage or brief dissatisfaction. It is recommended not to give Talaq while one is angry. The Talaq will be effective even if it is delivered although it should be avoided.

It is also forbidden to give three Talaq in one breath or one go. When there is a discrepancy, one should not abuse the authority of issuing the Talaq. Most importantly, divorce should not be given during menstruation. In addition, divorce should not be granted

during a ‘طُهْرٌTuhr’ (state of purity) in which the husband had sexual relations with his wife.

In the above last two situations, the iddah period may be lengthened and this is prohibited since it may cause her discomfort, which Allah forbids. Allah proclaims:

“O Prophet s.a.w! when you divorce women, divorce them for their prescribed time,”  [Talaq, Verse:1]

If one desires to divorce, do so while bearing in mind that the iddah will not be extended. If a divorce is granted while a woman is menstruating, the iddah period will not be counted until she has completed her menstruation and will then be counted after she has her menstruation. On the other hand, if she is divorced at the start of her ‘طُهْرٌTuhr’ non-menstruating period and has had intercourse, there is a chance she will become pregnant, and if she does, the iddah will terminate once the child is born. As a result, the iddah may be prolonged as stated above.

Another rationale for giving divorce during ‘طُهْرٌ’ (state of purity) is that his or her wrath will have diminished by this time, and they will be able to forgive each other. As a result, they may withdraw from thoughts to divorce each other.

According to the third stipulation: dissolving a marital relationship is not the same as severing a common sale contract. When a marriage contract is broken, it is not entirely broken like a sale deal. There are three levels of divorce completion, as well as the additional need of passing the iddah. And the relationship remains intact during this iddah; for example, a wife cannot marry another man while in iddah, but a man can marry another woman. He is, however, prohibited from marrying his wife’s full sister or any mahram relative.

The fourth restriction stipulates: that if the Talaq is given in a clear word one or two Talaq (in number) and does not include the term Bai’n (instant curtailment), the divorce will not take effect immediately after the Talaq is issued, and the relationship between the two will remain intact until the iddah is completed. If the divorce is revoked, the relationship will resume as it was.

However, this revocation is limited to one or two Talaqs, so that an abusive spouse does not take advantage of the procedure by divorcing her multiple times while keeping her in his relationship. That is why Allah has devised a plan in which anyone who provides the third Talaq will be bound for eternity. Even if both partners agree to undertake a new Nikah, it will not be valid unless she marries another husband. 

It’s also worth noting that if one or both Talaqs include the word Bai’n or similar equivalents, the divorce will be terminated immediately, and the couple will have to start again with a new Mahr and Nikah in front of two (male) witnesses, as described above.

As we’ve already reviewed the verse of Talaq in question in terms of the important laws and regulations; now we’ll look at the words/sentences in this verse.

Firstly, “اَلطَّلَاقُ مَرَّتَان” Talaq be (pronounced) twice. As a result, there is a stipulation in these two Talaqs that the marital relationship does not end immediately; rather, he has the opportunity to revoke within the term of iddah and cohabit with her as stated above.

Secondly, if he does not revoke within the period of iddah, the marriage will be automatically dissolved. Allah says in this regard: “then keep (them) in good fellowship or let (them) go with kindness”. [2:229]

It means (then either to retain them in good fellowship or to release them in fairness) that is, either, one must revoke the Talaq and retain his wife in his marriage, or allow her iddah or to be completed nicely and generously so that she can become free.

In addition, before we discuss the third Talaq, it is important to note that (in the case of one/two Talaq) when a husband is abusive or aggressive and refuses to keep her, give her Talaq, or fulfil her requirements, and she becomes frustrated in this situation, the husband seeks to blackmail her emotionally, physically, or even financially, for example, on unpaid Mahr, he would demand that she pay him. As a result, Allah declared this type of approach to be Haram. “And it is not lawful for you to take any part of what you have given them”. [2:229]

However, one exception was made, allowing forgiveness or the return of Mahr (dower). When a woman feels she can’t do justice to her husband’s rights due to temperamental differences, and the man feels the same way, it’s acceptable to give or take a divorce instead of the Mahr money. “Unless both fear that they cannot keep within the limits of Allah” [2:229]

THIRD TALAQ

After dealing with the above problem, the third Talaq was mentioned in this manner: “So if he divorces her she shall not be lawful to him afterward until she marries another husband”. [2:230]

If the husband then goes on to pronounce the third Talaq (which Shari’ah does not approve of), the Nikah will be nullified completely. He has explored all options for reversing his divorce and reuniting with his wife. And because he went above the rules of Shari’ah by providing the third Talaq needlessly, he must now face his punishment, which is that they will not be able to remarry even if both of them agree. ​Now, the condition of such Nikah is that the woman (after completing her term of iddah following Talaq) enter into marriage with another man, fulfil matrimonial obligations, and live with this other husband for them to remarry. After that, if her second husband divorces her (or dies), she can remarry her first spouse after completing her iddah again. ​The last sentence of the verse says: “Should he too divorce her, then there is no sin on them in their returning to each other”. [2:230]

As above, it will be assumed that he has supplied the final and decisive Talaq deliberately. Furthermore, because the wife abandoned her close ties and relatives only for the sake of this marriage and agreed to reside with him for the rest of her life, yet he did not consider her love and affection, Allah swt made the wife haram upon him to punish in this manner. As a result, he will be barred from having any form of contact with her. The status of the pious wife has been stated in the following hadith “The whole world is a provision, and the best object of benefit of the world is the pious woman”. [(1) Sahih Muslim-1467, (2) Sahih Ibn Hibban-4031]

Also,  Allah says: “If you are grateful, I would certainly give you more and if you are ungrateful, My chastisement is truly severe”. [Surah Ibrahim:7]

Three Talaq and its injunctions

A comprehensive examination of the Noble Qur’an’s style reveals that the Shari’ah’s correct technique of pronouncing Talaq is to limit oneself to two Talaqs at most, and it is not appropriate to go beyond that. The third Talaq is found in the phrase “فَاِنْ طَلَّقَهَا” (then, if he divorces her) after the usage of the word “اَلطَّلَاقُ مَرَّتَان” in verse 229, the third Talaq is identified in the word “فَاِنْ طَلَّقَهَا” (Then, if he divorces her) wherein the letter ‘اِنْ’ (if) is noteworthy.

The indirect reference in question is seen here. The third Talaq could also be expressed (by Allah) simply by saying “اَلطَّلَاقُ ثُلَاثُ” ‘There are three divorces’. This phrase is a clear indication that one should not get to the third Talaq level. This is why Imam Malik r.a. and a several other jurists refused to allow the third Talaq. They name it Talaq al-bid’ah (the Talaq of Innovation). Other jurists have declared that three Talaqs are lawful only if they are pronounced individually in three Tuhrs (the state of post-menstrual purity). ​

This has also been referred to as Talaq al-Sunnah in the terminology adopted by these jurists. However, by using this word, none of them are implying that delivering three Talaq in this manner is good or Sunnah. For the mere reason that this form does not equate to bid’ah, it was given the term Talaq al-Sunnah rather than Talaq al-bid’ah.

The gist of what has been proven regarding the Talaq count, based on the guidance of the Qur’an and Sunnah, as well as the practice of the Companions of the Holy Prophet s.a.w. and their followers, is that when there is no other option but Talaq, the best method of pronouncing Talaq is to pronounce one Talaq while in a state of Tuhr (purity) in which sexual intercourse has not occurred. Then leave this particular Talaq untouched. When the iddah is completed, the Nikah relationship will be annulled as well. It has been termed al-Talaq a-hasan by Muslim jurists, and it has been declared the best method of Talaq by the respected Companions of the Holy Prophet s.a.w. ​

Ibn Abi Shaybah has reported from Sayyidina Ibrahim al-Nakha’i (r.a), the noble sahabah (Radiallahu Anhum) preferred the method in which nothing is done after one Talaq is given and the iddah of Talaq (three menstruation periods) is set to expire so that the woman becomes free. [Musannaf Ibn Abi Shaybah, vol-4, Kitab al-Talaq, Hadith-5]

The permission to say up to two Talaqs can also be extrapolated from the noble Qur’an’s words, however, the usage of the term’, (twice) has been pointed out that two Talaqs should not be pronounced in one utterance and at one moment, but should be given separately in two tuhrs (states of purity). The word ‘مَرَّتَان’ (two Talaqs are permitted) might have also been used to prove the permission of two Talaqs, but the word ‘مَرَّتَان’ suggests that the two Talaqs should be given separately, in two distinct tuhrs (states of purity). [Tafseer Ruhul Ma’ani, vol-1, p-723]

The accompanying translation uses the adverb ‘twice’ to stand for the Qur’anic word ‘مَرَّتَان’, to cover this element of sequence and deferment, because lexically, ‘twice’ indicates — on two occasions or two times. In summary, the limit of two Talaq is established by the Qur’an’s teachings. As a result of the agreement of Imams and fuqaha’ (Muslim jurists), this Talaq is included in Sunnah, i.e. it is not a bid’ah (innovation). The fact that the third Talaq is undesirable is plainly stated in the Qur’anic text. Nobody has questioned the fact that this is undesirable.

A hadith of the Holy Prophet s.a.w. proves how detested and repulsive the third Talaq is.

Imam an-Nasa’i relates on the authority of Mahmud Ibn Labid that: “The noble Prophet s.a.w. was told about a man who had divorced his wife by pronouncing three Talaqs simultaneously. He rose in anger, then said: ‘What is this game being played with Allah’s Book while I am present amongst you?’ In the meantime, a man stood up and said: Ya Rasulallah! should I not kill him?“ [Sunan An-Nasai: 3401]  

Hafiz Ibn al-Qayyim r.a has ruled that the isnad of this hadith is sahih according to the conditions prescribed by Muslim. ‘Allamah al-Mardini, in his al-Jauhar al-Naqi, calls the sanad (chain) of this hadith sahih, Ibn Kather terms the isnad (chain) as excellent and Ibn Hajar and Al-Qustulani finds this ‘narrated  by the reliable.

[(1) Zada al-Ma’ad, vol-5, p-220, (2) (Al-Iraqi) Al-Taqyidu wal Idah, p-328, (3) Fath al Bari, vol-9, p-414, (4) Irshad al-Sari, vol-8, p-134]

To summarise, the three levels of Talaq established by Shari’ah in the form of three Talaqs do not imply that passing these three stages is obligatory or preferable. Instead, the Shari’ah intends for the first step toward divorce to be a detestable and reprehensible act.

If such a step has to be taken under dire compulsion, the simplest possible stage, namely one (pronouncement of) Talaq, should be considered adequate to allow iddah to take its course.

Once the iddah is completed, this single Talaq will be sufficient to end the husband-wife relationship, allowing the wife to marry someone else. This Talaq method is known as ahsan, which means “excellent”. There is wisdom in this manner, as well as an element of advantage because the parties involved will still have the possibility of reconciliation if only one Talaq has been given in explicit words to that effect. The Nikah will undoubtedly be broken and the woman released when the iddah has ended, but there will still be room for reconciliation between them, and if they reconcile and choose to remarry, a new Nikah could be solemnized immediately.

However, if a person does not follow this manner of ahsan Talaq and instead pronounces another Talaq in the explicit language during the period of iddah, he then completes two unnecessary phases of the severance of Nikah.

For one who has gone through these two stages of Talaqs, the instruction given later is: “then either to retain in the recognized manner or release in fairness”. [2:229]

Here two injunctions have been communicated through the words:

Firstly, revocation during iddah does not necessitate a new Nikah; instead, simply ‘اِمْسَاكٌ’, or keeping one’s wife by cancelling the Talaq, is required. The marriage relationship will be re-established based on the previous Nikah if this is done.

Secondly, the husband was instructed to take steps to effect his raj’ah (revocation) only if he intends to remedy the issue and looks forward to living in peace and harmony; if he does not, he should pass this choice and the marriage relationship will cease when the iddah is completed. The concern here is that raj’ah may not be done just to harass the woman without any intention of correcting the situation.  

It was said, “اَوْ تَسْرِيحٌ بِاِحْسَانٍ” to complement this. This demonstrated that no extra Talaq, or for that matter, any other step, is required to end a relationship. The fact that the iddah has not been revoked is sufficient to dissolve the marriage partnership. That the iddah expires without revocation is, in itself, sufficient to end the marriage relationship.

Abu Dawud r.a reports on the authority of Abu Razin al-Asadi that, following the revelation of this verse, a man asked the Holy Prophet s.a.w Allah Almighty has said: “اَلطَّلَاقُ مَرَّتَان” (Divorce is twice). why the third Talaq was not mentioned here?

He said: ‘The expression “اَوْ تَسْرِيحٌ بِاِحْسَانٍ” (To release in fairness) which follows immediately is the third Talaq.’

[(1) Abu Dawud-Al-Marasil, p-302, (2) Musannaf Ibn Abi Shaiba-19561, (3) Tafseer Ruhul Ma’ani, vol-1, p-722]

It signifies that, according to the consensus of ‘ulama’, the act of absolute severance of marriage relationship that would result from the third Talaq would be resolved by this manner of action, namely, not revoking the divorce during the period of iddah. Now, just as the wife, if retained after the revocation of talaq pronouncement (raj’ah), should be retained in dignity and grace, the restrictive condition of ‘بِمَعْرُوْفٍ’ (in recognized manner) was placed alongside ‘اِمْسَاكٌ’ (retaining).

Similarly, by including the restrictive condition of ‘بِاِحْسَانٍ‘ (in fairness) alongside ‘تَسْرِيح‘ (release), the instruction was given that the Talaq is the dissolution of the transaction, and gentlemen go through their transactions and contracts in good taste and manners, and if the dissolution of the contract is necessary, it should be done with charity, kindness, and grace, for instance, allow the divorced wife to go with some gifts, such as clothing and the like, while saying her goodbye. In the Qur’an, it is stated: “So, give them benefit – the rich man according to his means and the poor one according to his means”. [Surah Baqarah, 2:236]

And, if he chooses not to do so, instead of going one step further and declaring the third Talaq, he has now hit a dead end, having unjustly and unnecessarily eliminated all of his options while rejecting the Shari’ah’s favors. The punishment he now deserves is that raj’ah (revocation) will be impossible, and the couple will not be reunited in the marriage unless the wife marries someone else. For example; killing unjustly is a crime and a sin. After all, a person who is shot with a bullet or stabbed with a knife is dead. His death occurs regardless of whether the gunshot was fired legally or illegally.

The Curse on the participants of Tahlil/Halalah

The reason for the woman (who was divorced thrice) to marry another man must be that the man desires her and has the intention of having an extended married life with her.

These are the legal goals and aims behind marriage. If the reason behind the second marriage was to make the woman eligible for her ex-husband again, then this is the Tahlil (conditional temporary marriage) that the Hadith have cursed and criticized.

Imam Ahmed r.a reported that Abdullah bin Mas’ud r.a said, “Allah’s messenger s.a.w cursed the one who does Tahlil, the one in whose favor it is done.“

This hadith is authenticated by Imam Tirmidhi and Nasa’i which Imam Tirmidhi said “This hadith is Hasan.” [(1) Ahmed, vol-1, p-450, (2) Musannaf Ibn Abi Shaiba, vol-4, p-296]

In his Mustadrak, Al-Hakim reported that Nafi said: “A man came to Ibn Umar r.a and asked him about a man who divorced his wife three times. Then, his brother married her to make Tahlil for his brother, without the brother knowing this fact. He then asked, “Is she allowed for the first (husband)?” He said, “No, unless it is a marriage that involves desire(sexual intercourse). We used to consider this an act of adultery during the time of Allah’s Messenger.” [Mustadrak Al-Hakim, vol-2, p-199]

The above mentioned practice is completely forbidden in Islam. Therefore, it is advisable that not to delve in to this kind of practice otherwise the wrath and the curse of Allah swt and his messenger s.a.w is eminent. May Allah swt give us the true understanding of Islam and practice upon it. Ameen.

Please read the PDF Article below to understand the system of “Islamic Divorce procedure in the light of the Qur’an and Sunnah“ (8 pages)

Islamic Divorce procedure in the light of Qur'an and Sunnah

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I have a lot of waswasas about kufr and I am always cautious about it and for some things I considered consultation from the site whose link I pasted . But then I saw it and got confused. That’s why I was confused whom should I contact and due to these waswasas I couldn’t sleep or concentrate.

Should I consider that website again or should I not?

Answer: MashaAllah it is good be cautious about the Kufr, it is part of Iman that eventually waswassa will come up but consult with proper experts. 

As far as the website is concerned, we cannot specifically allocate which website to consider or not.  However, if you find the contents which are useful then benefiting from it is certainly worth. 

Hope that you find it useful to prevent you from any kind of confusion. 

The post Does Allah have Power To Speak Lie? appeared first on DARUL IFTA LONDON.

Answer: This is nothing but false. There is nothing that can be said against Allah, there should be no slightest of doubt in Allah (imkan i kizb) (nawozobillah) otherwise it will lead to Kufr. 

The post Is There A Possibility For Allah To Lie? appeared first on DARUL IFTA LONDON.

1.khattam means seal of prophets not final prophet.
2. Muslims unanimously believe that prophet Essaa alaihis salam will return. If there is no need of any prophet after khatame nabuwat then why will essaa alaihis salam return.

3. In duroode ibraheemi all Muslims pray for biggest blessings upon aale Muhammad sallallahu alaihi wa aala aalihi wasallim like blessings upon aal of Ibrahim alaihis salaam. Qadianis say that biggest blessing among aale ibrahim was that they became prophets.
4. Qadianis say that prophet Esa alaihis salam died and quraan used word Tawaffi which means death and there is no logic to consider that tawaffi means to get lifted without dying.
5. Qadianis claim that the one who had to come wasn’t Jesus but an ummati prophet.

Answer: All of the claims of Qadianis are baseless and false and even contradictory to the Qur’an and Sunnah. Anyone with the above believes will not remain a Muslim and will count as a none-Muslim. 

This is explicitly defrauding general Muslims with their false beliefs. May Allah protect every Muslims from their fraudulent claims. Ameen.

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Question: Is committing sin and not having fear of Allah but having fear of people considered to be shirk or kufr ? Kindly answer all 3 different scenarios

If we commit sins like listening music, giving bribe or consuming riba secretly when we don’t have people watching us because we fear for our reputation will it be considered shirk or kufr?
If we commit all such sins due to our weakness for money or for our love of listening to music yet we know that it is wrong because shariah does not permit these sins will it be considered shirk or kufr because we are following our desires.
If we stop consuming riba because government disallows it not because Allah has forbidden it will be considered shirk or kufr?

Answer: Wa alaikum assalam,

In short, all your three questions relating to Shirk or Kufr, is that it will not be shirk or kufr until one’s belief is such that a person considers haram as halal and vice versa. If a person believes that all such acts are sinful yet they commit it out of the trap of Shaytan or for any other reason still he will not be considered committing Shirk or Kufr as long as he considers that act haram. However, these acts will definitely be considered as sinful no doubt.    

We have previously answered similar question, please see the link https://www.diftalon.com/the-muslims-who-dont-offer-salah/ 

Jazakallahu Khairan

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UK Moon Sighting Review

Respected Ulama of Darul Iftaa,

Assalamu Alaykum wa-Rahmatullahi wa-Barakatuh.

Please see the attached Introduction to ICOUK organisation from the UK with 4-years moon sighting data.

We are appealing to the Darul Ifta London for guidance on the issue of Moon Sighting in the UK. In the past, we have been following distant countries such as Morocco or Saudi Arabia or even South Africa (8,000 miles away) on the basis that the Crescent Moon (Hilal) was not possible to be sighted in the UK (due to bad weather).

However, this is not the case any longer, Alhamdulillah. From our actual moon sighting experience over many (10+) years, we strongly believe that it will not be difficult to see the Hilal in the UK any longer and request your advice if we should start to follow the original position of Local Moon Sighting (for a united Ramadan/Eids), InshaAllah?

The purpose of seeking you above advice is that the UK local moon sightings will not reap the benefit of united Ramadan/Eids for us if different Muslim groups from the UK chose to follow different countries, since those countries will have different 29th dates, which will continue to lead to divisions that we are trying to avoid.

For example, on 5 November 2021 (29 Rabi-ul Awwal 1443) the Hilal was not sighted in the UK or Morocco but it was sighted in South Africa (in the opposite Hemisphere), so those who follow Morocco and South Africa will look for next Hilal of Rabi-ul Thani 1442 on different 29th dates. If this was the end of Ramadan, then one group will be fasting while other group will be feasting, which we are trying to avoid with your help and guidance.

Therefore, please advise if it is permissible for us to follow far distant countries (eg. Saudi Arabia or South Africa or even Morocco) if the moon can be easily sighted in the UK according to the rules of Shariah? JazakAllahu Khaira!

 بسم الله الرحمان الرحيم

وعليكم السلام ورحمة الله وبركاته

We are great full that ICOUK has sought advice and guidance on the issue of Moon Sighting in the UK and the permissibility regarding following far distant countries. We give you the following guidance and advice according to your statement which is attached on the above page with this guidance:

Principle one: As far as the Sunnah of sighting the moon is concerned, in accordance to the facts in the Qur’an[1] and Ahadeeth,[2] the commencement of fasting and two Eid should be performed by (Mushahadah) actual visibility of the crescent moon with the naked eye.[3] The sighting of the moon in the region should be firmly established (having fulfilled all the Shar’ie conditions) as being sighted.[4] The crescent (due to its size at the end of the 29th day) may be visible or vice-versa depending on the Moon’s ‘phases’, thus, the pronouncement of ‘sighted or not sighted’ has to be declared. Therefore, the main principle is the actual visibility with the naked eye even though some optical aid (binoculars or telescopes) or CCD imaging cameras can be used as an aid. 

Conditions

(a) Witness

Must be: Muslim, sane, adult, not blind, (most importantly just & honest), “I testify” word must be used in the testimony and must be an eye witness).

(b) Witness over the witness(es)

(c) The actual witness must be present in that event of observation and not testify on hearsay. 

(d) Witness over the ‘Decree from the Islamic Court’

(e) In absence of Islamic Court by a Mufti Board/Islamic Scholars

(f) Observation of the moon is widely confirmed and accepted by the majority 

As for the timetable of Salah, though we follow (الحساب الغربي) Gregorian Calendar (astronomically some data are definitive and conclusive) however, the fact of this astronomical timetables are confirmed through Mushahadah (observation) for example, the beginning and the end of Salah are explained in the ahadeeth of (Mawaqit as Salah) in detail, (please study them for more explanation).[5] Thus the fundamental principle is based on the observation through the naked eye due to the orbit of the sun. However, determining the visibility of the hilal is not definitive and conclusive as opposed to the sun.

Principle two: If there is a contradiction between observation with the naked eye and astronomical calculation (based on the ‘phases’ which takes 29.5 days to cycle by the moon in the sky again) then in this circumstance the observation with the naked eye would take precedence.  

(a) Especially when it is declared that it is impossible to view the crescent even with optical aids, and or in this instance one or two individuals claim that they have observed it then, it would not be accepted unless it is observed and confirmed by (“Jamm-e-Gafeer” a large number of people) which then their observation will be taken into consideration.

(b) For example, when the horizon is clear, then observation of a large group will be taken into consideration than an individual’s observation.

(c) In contrast, when the weather is cloudy then if two reliable and just people in conjunction with a testimony confirms that they have observed it then, Ramadan can be started upon their declaration.[6]

(d) However, to end the Ramadan for Eid al Fitr, whether the weather is cloudy or clear in both situations it needs to be observed and confirmed by a large group. This is the view of Hanafi Fuqahaa (jurists).[7]

(e) In addition, if the declaration is made based on an astronomical calculation and at the same time it wasn’t possible to observe the moon with the naked eye, then the astronomical calculation will not be accepted and should not be used as a tool to commence and end the Ramadan.  

(f) Instead, we should approach the nearest country for any confirmation of observation, and verify it that was observed following the Sunnah. If this is established then in this instance we can follow the distant country whether it is Morocco, South Africa, or Saudi Arabia.[8] This view is based on the majority of contemporary scholars’ opinion in the absence of any confirmation of visibility of the moon on the 29th day. 

(1) With regards to following the above countries, the Ulama gives more preference in following Saudi Arabia due to its more accuracy and reliability.

(2) Nevertheless, as Morocco is our nearest country it can be followed in the above situation if it is unanimously agreed to follow based on the principle of unity and uniformity.

(3) As for following South Africa, again it will depend on the unanimous agreement between Ulama in this situation.    

(g) However, if it appears that by following the nearest country it would create divergence by two days difference, which either 1 day less or 1 day more i.e either it would be 28 days or 31 days here in the UK[9] (as Arabic months are either 29 or 30 days) by following either of these countries, then it is unacceptable to follow in this instance, rather we should stick to the local observation if it’s possible or follow the method mentioned below at principle 3 to avoid any discrepancies.           

Principle three: If the above-mentioned methods are not possible, then we should follow the rule of Hadeeth, which is “if it is obscured (observing Hilal) from you (too cloudy), then complete thirty days.[10] This principle is safest to follow in a situation where there is a chance of being perplexed with information and the non-visibility of the moon in any region. 

(a) According to your organization’s claim that you “strongly believe that it will not be difficult to see the Hilal in the UK any longer” raises a question that how is this possible to view approx 99%, with the naked eye whilst adverse weather conditions persist throughout the year (as it’s an Island between oceans) here in the UK? Based on the few years of statistical data that you have provided, if this is accurate and you maintain the principles of the Shariah (conditions mentioned above), which also matches the Fiqh rules of Difference of sightings (اختلاف المطالع) and nearest Latitude for observing the Hilal then, it will be strongly advised to accept your organization’s claim of sighting the moon as a cause of unity and major benefit of this Ummah.[11]

(b) We remark that as an organization like yours and others are generally formed to help formalize a united date for Ramadan and two Eid thus, participating in such an organization will enhance and expand the unity and uniformity of the Muslim Ummah, then it is strongly advisable to join or follow such alliances.[12]

(c) Keeping in mind the unity and uniformity of the Muslim Ummah, if a large group unanimously agrees that the Hilal has been sighted with the naked eye in accordance to the Shariah and as this agreement is based on Ijtihad then it is recommended to follow this unanimous agreement as opposed to following any distant country.

(d) This view has been supported by the latest (mutaakh-khirin) ahnaf like Imam Zaylai r.a[13] and including other Imams such as Imam Ash-Shafi’e (r.a), Imam Malik (r.a), Ibn Taimiyyah  (r.a) who have stated that “it is obligatory that every land judge according to its sighting and the lands that are in the same sighting zone of the new moon must follow it”. This is also the view of renowned Saudi scholar Shaykh Ibn Uthaymeen r.a.[14]

(e) However, if the above-mentioned point d is not possible due to it not being according to the Shariah, hence we can follow the direction as mentioned at point 2 (f), and eventually, if that is either not possible then we need to follow the instruction as mentioned at principle 3 above.         

According to the principles that we have explained above, our last submission to all of those who are seeking guidance and advice from our institution Darul Ifta London is that we strongly believe in unity and uniformity, therefore, as far as its possible and practicable we should enhance our cooperation with these kind of efforts and hard-working organizations. Bearing in mind that the concept of unity does not mean that the entire Muslim Ummah must perform their act of worship at the same time throughout the world, which is physically impossible. It simply means that all Muslims should treat each other with brotherly sympathy and affection and not create any divisions amongst themselves. Nor go against the teachings of the Qur’an and Sunnah. We pray that Allah creates unity amongst us in particular for sighting the moon, Ameen. 

والله اعلم بالصواب

[1] Surah al-Baqarah 2:185

[2] [1] Bukhari-1906 [2] Muslim-1081 [3] Tirmizi-684 [4] Badaius sanai’e vol-2, p-594

[3] [1]  Tirmizi-688 [2] Abu Dawud-2327 [3] Ibn Hibban-3594

[4] [1] Tirmizi-693 [2] Abu Dawud-2332

[5] [1] Muslim-614 [2] Nasai-523 [3] Abu Dawud-395

[6] [1] Sunan Abi Dawud-2342 [2] Ibn Hibban-3447 [3] Al-Mustadrak-1541

[7] [1] Radd al Muhtar vol-3, p-364 [2] Badaius sanai’e vol-2, p-594

[8] Fathul Mulhim, vol-3, p-113

[9] Ibid

[10] [1] Bukhari-1906/7 [2] Muslim-1080 [3] Tirmizi-688 [4] Sunan An Nasai-2121 [5] Abu Dawud-2320 [6] Ibn Majah-1655

[11] [1] Tirmizi-697 [2] Ibn Majah-1660

[12] Majmoo’ al-Fatawa, 19

[13] Including [1] Imam Shah Anwar Kashmiri r.a [2] Allama Shabbir Ahmed Uthmani and [3] Mufti Taqi Uthmani d.b

[14] [1] Surah al-Baqarah 2:185 [2] Bukhari-1906 [3] Al-Aqalliyaat al_Muslimah, p-84

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Answer: As the principles of playing games is concerned in Islam whether it is electronic or cartoon they must be free from Islamic violations to be permissible, such as not distracting one from the remembrance of Allah and the Islamic obligations; they should also not include what undermines true belief (kufr or shirk). Moreover, they should not include any gambling, music, or pictures of naked (half naked) women, games that corrupt morals such as teaching about a world of illusions and impossible things, such as coming back from the dead, super natural powers that do not really exist, images of space aliens and so on. Furthermore, that they should not lead to enmity and hatred between those who play with them as rivals. And these are not confined to the above.

As per your statement, if it does not contain any of the above mentioned and religious violations then it should be permissible. However, do remember that playing excessive amount of game will consume your valuable time and may damage your eyesight and nervous system and keep you away from remembrance of Allah swt which is against the principles of Islam. Therefore, one should avoid playing excessive games and entertainments much as possible.

Allah knows the best. 

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I have had anxiety and depression for many years, it has only got worse since I’ve got married in February, I’ve also started to have more:
(a) Bad dreams (b) anger uncontrollable (c) suicidal (d) scratches on body (sometimes) (e) hating my marriage with the man I have had love marriage with (suppose to be happy), as I’m continuously fighting, and wishing things to end.

I want to know what is the cause of all this and why this is happening to me, I need help because I’m really suffering.
Please help me/guide me, even praying to Allah listening to Surahs based on anxiety and depression isn’t helping me, like nothing is helping. Please help me.

Answer:

Wa alaikum assalam. Bismillahir Rahmanir raheem,

Sorry to hear that you have had anxiety and depression for many years. We pray to Allah that He gives you shifa from this, ameen.

In correlation to your anxiety and depression you are going through some difficulties like: bad dreams, anger uncontrollable, suicidal, scratches on body (sometimes) and hating your marriage etc.   

We give you some brief advice in accordance to the Islamic Shariah. If you act by these short guidance in sha Allah, Allah may give you the protection from all the sufferings you are going through.

1. Regarding bad dreams and what to do:

Narrated by Abu Qatada r.a:  The Prophet s.a.w said, “A good dream that coms true is from Allah, and a bad dream is from Shaytan, so if anyone of you sees a bad dream, he should seek refuge with Allah from Satan and should spit on the left, for the bad dream will not harm him.” [1]

2. Uncontrollable anger:

A. Seeking refuge with Allah from the Shaytan

The Prophet s.a.w said: “if a man gets angry and says, ‘I seek refuge with Allah,’ his anger will go away.” [2]

B. Keeping silent

The Prophet s.a.w said, “If any of you becomes angry, let him keep silent.” [3]

When a person becomes angry, he may utter words of Kufr/disbeleif or curses or may slander which may destroy many things and even would bring enmity and hatred between fellows. This is due to a person loses self control sometimes. Therefore, keeping silent can prevent from all these and it’s a solution to the above.

3. Making movements

If you are angry while standing, sit down and vice-versa. If the anger still does not go away, lie down. Move away from the source of anger, think positive of your relationship with your husband. Make wodhu if the anger is still there.  [4]

4. Remember the promise of Allah

The Prophet s.a.w said: “whoever controls his anger when he has the means to act upon it, Allah will fill his heart with contentment on the day of judgement” [5]

5. Remember the Sunnah

Prophet s.a.w only got angry solely for the sake of Allah. The Prophet s.a.w said: the strong man is not the one who can overpower others (in wrestling); rather, the strong man is the one who controls himself when he gets angry. [6]

Allah swt also mentioned many of the characteristics of a believer, here are two of them below: “spend (in the Allah’s cause) in prosperity and in adversity, [they] repress anger, and [they] pardon men; verily Allah loves al-muhsinoon (the good doers)” [7] and also in another place “… when they are angry, they forgive.” [8]

6. Understand what makes you angry

Knowing what makes you angry will help you to reduce your anger eg, may be someone surrounding you are annoying to you which makes you angry. Try to kindly speak to them if it’s possible. Shouting or scolding at each other would not do any good. The cure to anger is avoiding its causes.

7. Remember the effects of anger

The anger can lead to many disastrous things, in short, like breaking up the family ties (between husband and wife) and eventually can lead to divorce. Damage to one’s own self and to others. Also in some instances anger could lead to physical attacks, such as wounding. Angry person can turn all his/her anger in one selves, may end up tearing cloths, striking his/her cheeks, making scratches on the body or fall unconscious, may break dishes plates, break furniture etc.

In addition, one may think out of anger that his/her life is not worth so it can lead to think of to take suicidal approach which again is dangerous thinking. In this situation you should think of your life that is much precious and loftier in the sight of Allah as a human being (especially as a Muslim). Think of all the contentment and blessings that Allah has given to you. Life is a gift from Allah swt, it only belongs Allah swt. You cannot end your life simply because of small and minor things. By ending the life is not the permanent solution rather you are incurring wrath of Allah swt in the hereafter therefore, these sort of thinking should not dwell in your heart. Try and avert your mind and thinking from this. Do istigfar all the time, in sha Allah this should disappear slowly from your psychology.

In regards to your spouse/marriage you should think of positive things. Minor shortfall do come away throughout the marriage but this should not prevent you from having good relationship between husband and wife. You need to overcome them by looking at the good sides of your spouse. Every individual has good and bad sides though we have to live by these differences particularly throughout the marriage relationship.          

8. Listening to reminders

Remember that Allah and his messenger s.a.w gave lots of warnings as well as sincere advice to control your anger which is one of the characteristics of a believer (as mentioned above).

9. Make dua

Du’a is the best possible means of asking Allah to protect him/her from all evil, trouble and bad behaviour and seek refuge with him from wrongdoing and kufr (disbelief) becaus of anger. You may make dua’a with your own language that comes from your heart.

Hope these few short steps (not confined to the above) that may help you (by the will of Allah) to control your anger as well as experiencing any bad dreams and protect you from other bad influences that may cause harm in your relationship. Ameen.

For deep analysis you may search for good articles online in this regard which may answer most of your quests. Hope the best for you.

References:

[1] Sahih Al-Bukhari: 6986  [2] Saheeh al-Jaami’ al-Sagheer, no. 695 [3] Ahmed, vol-1, p-339] Also Saheeh al-Jaami’, 693, 4027 [4] Ahmed, vol-5, p-152] Also Saheeh al-Jaami’, 694 [5] Tabrani [6] Ahmed, vol-2/236  [7] Surah Ale-Imran 3:134 [8] Surah Al-Shoora 42:37    

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There is a TV channel in Turkey called Fox TV that shows programs made by Turkish production companies, but as this channel is owned by international group and one of its affiliates called Fox shows a program called American horror story that has some religiously objectionable ideas like apocalypse and referring to someone as second coming of messiah (nauzubillah).
And was also showing person as Jesus (pbuh). Fox also showed a western saying if mountain doesn’t come i won’t repeat the saying as i heard that its befitting for Muslim to repeat it but i can tell that it originated from Francis bacon’s writing, so you can search for it.

Now I have following questions:
1. Can a person be doing kufr if he just watches Turkish content through Fox TV while boycotting fox or watches Fox TV content by torrent .

2. And one more thing if actor works in Fox TV so is it kufr for us to get inspired by those actors or like them? Is that actor also doing kufr? If the program he works for is free of kufr. Actually one of my friend works in a production house as actor and that production house makes shows for Fox TV. Does these acts constitute kufr? Explain according to Hanafi school of thought

Answer:

All the prays belongs to Allah subhanahu wata`la

Islam forbids any kind of entertainment that involves music shows, or any other shows that has religiously objectionable content such as apocalypse, and ideas that leads to many kind of sin.

Anyone who sees an evil specially if it involves act of kufr –  such as reviling Islam or casting aspersions upon the messages or the Messengers, or belittling the rulings and laws of Islam, or mocking them, such as the beard and niqab – as many misguided people do now a days and approves of it and accepts it, and does not denounce it, will commit the same sin as the one who does it. In addition, imitating by playing the role of the messengers of Allah (such as Esa a.s) in the movies will never constitute his actual characteristic of his prophet hood, this is also unjustifiable acts which is a great sin.   

Allah, almighty, says:

“And it has already been revealed to you in the Book (this Quran) that when you hear the Verses of Allah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them”  [an-Nisa’ 4:140]. (see also Sahih Muslim, Hadith: 1854)

In another place Allah says:

“If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allah and His Ayat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger (SAW) that you were mocking?’’

Make no excuse; you have disbelieved after you had believed”  [at-Tawbah 9:65, 66].

As mentioned above If a person watches or listens to that and approves of it, then he comes under the same rulings as the one who does it. If he hates it in his heart but he continues to watch and listen, then he is in grave danger; though he is free from Kufr he will not be safe from falling into sin and disobedience.

So answering question 1: same ruling will apply as above whether you watch the contents through fox tv or by Torrent.

Answer for question 2: (a) same ruling will apply as above if you get inspired by such act of Kufr and you don’t denounce it. (b) again applying the same rule it will depend on the above mentioned rules, whether he is also doing Kufr or not. (c) However, if the program that he or she works for is fee of Kufr then this would not constitute Kufr, but working in the environment of Kufr will definitely incur great sins.  He or she should look for alternative and better way of living for halal income or halal entertainment. These are the Hanafi and nearly all other scholars view. Wallahu A’lamu bissawab.

And Allah knows the best.

References:

[1] Surah an-Nisa’ 4:140 [2] Tafseer Ibn Katheer, 1/860 [3] Sahih Muslim Hadith: 1854 [4] Ahmed vol-3, p-239 [5] Majmoo‘ al-Fataawa, 28/221-222 [6] Surah at-Tawbah 9:65, 66

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Answer: If a woman converts to (Sunni) i.e become a Muslim sincerely by heart and action then a Muslim man can marry her without her parents converting to Islam. It is not lazim (obligatory) for parents to convert in order her to get married to a Sunni man though it would be good if they did. Many of the companions converted to Islam whilst their parents did not convert at the same time or did not convert at all. As for the people may be in fear when only the girl converts to Sunni and not her parents is due to the fact that she might have  parental influence upon her which might harm the relationship between both husband and wife or family. Wallahu A`laam.

References: [1] Surah Al-Ahzab, V:40, [2] Tafseer Ibn Kathir, vol-3, p-697 [3] Bukhari: 3534/Muslim: 2286/7 [5] Surah Baqarah V:221

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