Showing posts with label shariah. Show all posts
Showing posts with label shariah. Show all posts

Friday, November 24, 2023

Marriage in Islam

 

Marriage is the root of the family structure in society. It is the legal frame for the relief of desires as well as the vital link between generations through children in the family. An enabling environment for the proper upbringing of children in secular affairs and in spiritual ways, the bonds of marriage and family indeed facilitates the construction of a peaceful and harmonious society. In his Friday Sermons of 24 September 2010 [15 Shawwal 1431 Hijri] & 01 October 2010 [22 Shawwal 1431 Hijri], Imam-Jamaat Ul Sahih Al Islam International Hazrat Muhyiuddin Al Khalifatullah Munir Ahmad Azim (aba) of Mauritius gave a comprehensive exposition on the larger objectives and purposes of the institution of marriage in Islam; explaining the considerations that should guide a Muslim in choosing a life partner. 


In the second discourse, Hazrat Khalifatullah (aba) explains sacred teachings of the Holy Prophet (sa) on marriage-related questions that emerged in the life and times of the pious companions. The discourse clearly affirms that it is illegal to marry off a woman against her will. Parents or guardians cannot coerce a Muslim woman into a marriage she dislikes. And free consent is a condition precedent to the legal validity of a Muslim marriage. Hazrat Saheb (aba) also notes that Muslim men are not allowed to wear gold ornaments. The believers need to keep in mind the Shari’ah-compliance of cultural traditions associated with marriage rites in their local communities. The principle is illustrated with reference to the exchange of engagement rings as a symbol of the marital commitment.    

 

Read extracts from the two Friday Sermons Below:

 

Marriage: an act of worship. The conservation of life and its continuation until Judgement Day are part of the teachings of Islam and that is why it encouraged marriage and preferred that the couple after becoming parents and children, they have grandchildren.

 

"Allah has given you from yourselves wives, and from your wives gave you children and grandchildren. And He gave you good things." (16:73)

Monday, July 31, 2023

A Mosque for Allah

 

The Houses of AllahPart 5

 

Alhamdulillah, Summa Alhamdulillah, I continue today my sermon on Mosques. Today I will talk about the donation of mosques and some important mosque rules which we should all bear in mind.

 

Donation of a Mosque

 

The Holy Prophet (pbuh) said: “When a man dies, his actions come to an end except for three things: ‘Continuous Charity (Sadaqah Jariyah), knowledge which is beneficial, or a virtuous descendant who prays for him’.” (Muslim)

 

The greatest example of Sadaqah Jariyah is the construction of a Mosque in the name of the deceased, the reward of which he or she will get in the Hereafter.

 

Uthman ibn Affan (ra) reported: The Messenger of Allah (pbuh) said, “Whoever builds a mosque for Allah, Allah will build for him a house like it in Paradise.” (Bukhari, Muslim)

Thursday, January 6, 2022

Reclaim The 'Sunnah'


Around us, we always see and observe a sociological reality: despite apparent claims of faith in hallowed Divinity, and associated higher values of life; the religious institutions and leaders resemble and emulate the ways of the prevailing material culture, and its everyday practices. Despite holding on to the lofty language, and grand symbols of religion (the rites, rituals, and other practices of offering of prayers and allegiance to forms of worship), people are emptied of the 'spirit' of Divine consciousness in their every day lives. While religions are 'captured' by priestly class, and by the social and political elites in all societies, 'Islam' in our times is not impervious to this wider decay in social culture. Indeed, Islam, as a social identity, has been co-opted to promote the agendas of the prevailing, deviant elites so as to subserve their material/mundane interests. 


In his Friday Sermon of 31 December 2021~26 Jamadi’ul Awwal 1443 AH, Imam- Jamaat Ul Sahih Al Islam Hazrat Khalifatullah Munir A. Azim (aba) of Mauritius makes profound reflections on the dire state of spirituality today: the glaring crisis of spirit that engulfs the world of Religion in our times. Divinely-mandated and raised with the charge of reviving and renewing the spirit of true Faith in this era as a spiritual Deputy of the Holy Prophet (sa), and also a Trustee of God on earth (Khalifatullah), Hazrat Khalifatullah (aba) points to the the ways in which utter darkness looms over the world of spirituality: "Nothing of Islam Except Its Name, Nothing of the Qur'an Except Its Text"- where the spirit of Imaan has virtually 'left' earthly  people to the distant stars, to the Pleaides as it were. 


Hazrat Saheb (aba) underscores the need for true believers to hold on to the true legacy of the Holy Prophet of Islam (sa). Indeed, Islam is a comprehensive code of conduct- as exemplified by the Holy Prophet (sa) through his Sunnah, with its principles and prescriptions covering the whole spectrum of human life. In responding to challenges of social conditions, the Muslims should not be overawed by the apparently alluring, but deviant ways of the Others. Rather we need to revive and renew the true teachings of the Faith, and follow the noble example of our pious ancestors in evolving solutions. Instead of living under the physical and ideological dominance of other religions and other collective groups, Muslims can truly liberate themselves from the clutches of false ideologies only through a true commitment to Allah's commandments and restrictions on what is lawful and what is Haraam, relying entirely on Allah in the shaping of fortunes in the creation of a just society- standing up for individual and collective good, and rejecting all Evil, notes Hazrat Saheb (aba) in this Discourse. 


Read the Friday Sermon Below:

Sunday, July 11, 2021

Balancing 'Freedom'

 

The modern concept of human freedoms and individual rights emerged in the long, complex struggle for a new, social contract between the people and the State in actually-existing social conditions of slavery and serfdom in pre-modern Europe and elsewhere. Against the backdrop of the great struggles for independence from colonial subjugation and imperial practices of racial segregation and social discrimination, people looked upon Constitutionally-guaranteed and legally-defined freedoms as the bulwark against potential oppression and highhandedness of the ruling elites operating in the name of the State.  In Rule of Law theory, it is expected that the provision of separation of powers and the presence of an independent judiciary will facilitate the freedoms of individuals in society.  The proper functioning of the social wheel requires that everyone works within the functional work of personal responsibility and moderation of interests so as to respect the similar rights of others.  

In his Friday Sermon of 25 June 2021~13 Dhul-Qaddah 1442 AH, Imam-Jamaat Ul Sahih Al Islam Hazrat Khalifatullah Munir A. Azim (aba)of Mauritius initiates a probing discussion on the abuse of 'freedom' in our times by those who reject any limitations and restrictions on their concept of freedom. As Hazrat Khalifatullah (aba) notes, such a context-free 'freedom' can have very negative implications: Hate speech, Islamophobia, racial and communal prejudice, bigotry and defamation; capitalist ownership of, and monopoly over Natural Resources, etc. 

The Shariah, or the Islamic Way of Life, contains a framework of ideas for shaping norms based on a true conception of individual freedom blended with social responsibility. Avoiding or evading Divine regulations in the name of 'freedoms' may unsettle the delicate 'balance' the Shariah seeks to achieve among competing public interests in a pragmatic way. While libertarians and anarchists call for freedom and rights for the sake of rights without any restraints and regardless of context; in reality, many nations are passing laws that severely restrict even the freedoms that people have reason to value. Sometimes, the laws made in the Assemblies and Parliaments of the people in various States do not get the balance right as they often 'lean' on the State's need to keep regulatory control and authority firmly in place, and when these man-made laws fail to gain the balance right in their regulations and policies, it invariably impacts peoples' freedoms and the  society's true progress, warns Hazrat Khalifatullah (aba).


Read the Friday Sermon Below:

Tuesday, August 14, 2018

The Laws of Inheritance in Islam-I


All that is on earth and in the heavens originally and truly belong to God, and shall finally return to Him, so declares the Qur'an emphatically. Whether the humans like it or not, our moment in the universe is brief and transitory in the onward march of history- to succeed people who go ahead of us and to be succeeded by people who come after us. The riches and affluence of this world is only for a period of time- and the ultimate end of all affairs is with God. Among the attributive Names of God, the Qur'an speaks about "Al Waris", the Supreme Heir: "It is We who give life and death; it is We who inherit (everything)"---(Surah Al-Hijr, 15:24)The Qur’an thus provides an ethical framework for the believers to look at questions of property, wealth and possessions: upon the death of a person, all property returns to God and the portion to legal heirs are apportioned by Divine Decree, leading to the Divine redistribution of the wealth of the deceased. 

Under the Qur'anic framework on succession, both men and women among family relations- children, parents, siblings and spouses- are entitled for a fixed and mandatory share of the wealth of their deceased relatives. Men have a share in (the assets) that their parents or nearest kin leave behind, and women (also) have a share in the inheritance of their parents and the nearest kin. Be it small or large, the share has been fixed (by Allah)”. (Surah Al-Nisa, 4: 08).  Other verses in the Qur'an (4:12-14;177) identify the specific rules for apportioning the estate by Divine Decree. The prescribed shares of the male and female heirs are to be distributed among them after the payment of debts- including funeral expenses- and the fulfillment of the Will the believer may have made prior to death. 

On the basis of Qur'anic rules of inheritance, the Holy Prophet (sa) issued practical guidance on new issues that emerged in the context of the companions' family lives, especially on matters that the Qur’an did not specifically comment upon. For instance, to strike a balance between a person's right to bequeath his property by will to other than one's legal heirs prior to death and to protect the interests of the legal heirs, it was clarified that not more than one-third of the estate can be given away in such a manner. Through the centuries, by applying reasoning and analogy, Muslims have evolved a vast corpus of jurisprudence (Fiqh) on the distribution of shares in varying contexts of the life of the Ummah. In his Friday Sermon of 10 August 2018 (27 Dhul-Qaddah 1439 AH), Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius provides a magisterial survey of the most important features of Islamic inheritance law and comprehensively explains the profound obligations on devout Muslims in this regard- of making distributive arrangements for smooth transitions in the wealth and assets they (are to) leave behind, and also to respect the rights of women and other vulnerable legal heirs in matters of succession

Read the First part of the Two-part Sermon Below:   

According to Quran and Hadith, according to Shariah, it is incumbent on a Muslim to distribute his wealth among his heirs. It is thus his duty to make all necessary procedures so that after his demise, his wealth is distributed as per the commandments of Allah and His Messenger (pbuh). 

The share (fraction/ percentage) that a wife or a husband or a mother or a sister receive is obligatory (Farz) just like Salaat/ NamazSawm/ RozaZakaat are Farz. The proportion that we have to distribute in inheritance comes essentially from the Quran. The Holy Prophet Muhammad (pbuh) has said: Learn the laws of inheritance and teach them to others as they are half of knowledge…” (Mustadrak Al Saheehain).

Saturday, November 19, 2016

'Riba': Unjust Enrichment is Illegal

“O you who believe! 
Do not consume usury, 
doubled and multiplied, 
but fear Allah 
that you may be successful.” 
 --(Al-Imran, 3: 131).

“Those who consume interest 
cannot stand (on the Day of Resurrection)
except as one stands 
who is being beaten by Satan
into insanity.” 
  --(Al-Baqara 2: 276).

Interest or more precisely, interest rate is defined as the price of money, the price at which money can be borrowed and determined like other prices by the collusion of the forces of supply and demand. Originally usury was any premium we had to pay against the use of currency. Nowadays, usury also means the practice of asking for a very high interest premium through borrowing as well.

The verses which I recited consist of an injunction for mankind – especially Muslims – that represents and severely condemns the practice of usury or interest. Thus any transaction relating to usury (i.e. Riba) is illegal, as well as all transactions acquired by illegal means; Transactions such as: bribes, fraudulent transactions, gambling, bank interest, etc. 

Sunday, October 23, 2016

'Talaq': Use and Abuse of Divine Law

“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.” 

                 ----(An-Nisa 4: 36).

My Friday Sermon (Jumuah Khutba) today is on the subject of divorce (Al-Talaq).

Islam places great emphasis on marriage in the sense that it is a sacred contract that cannot be broken for vain and trivial reasons.

Although Talaq (divorce/ repudiation) is allowed, it must be considered that from among everything which is allowed, Talaq (divorce) is the most hated thing, the most abhorred by Allah and it is permitted insofar that it does no unjust damage. 

It should in no way be used as part of some ruse which acts as a pretext for divorce. It can happen that the husband does not like a particular behaviour of his wife and that he has had enough of her. This is not sufficient to justify his request for divorce (Talaq). He must not consider only the negative side of his wife but on the contrary he must assess her good qualities that may well be greater than the defects. A separation may as well have a detrimental effect on the behaviour of the couple’s children (if any) who may become easy prey for Satan.