The book of nikah
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    The book of nikah The book of nikah Document Transcript

    • THE BOOKOF ( Nikah ).eidL rtun&rrut
    • PREFACE Verily all the praises are due to Allah. We praise Himand seek His help and forgiveness. And we seek refuge inAllah from the evil of ourselves and from our wickeddeeds. Whosoever has been guided by Allah, none canmisguide him and whosoever has been misguided byAllah, none can guide him. I bear witness that there is no god but Ailah alone.And I bear witness that Muhammad is His slave &mesaenger. By His Grace, Kindness & Help, Allah has made easythe compilation of this book (The Marital Statues) afterseveral reterences. lt includes two topics (The Book ofMarriage & The Book of Divorce) with their related subjects(eg. The Wisdom of Marriage, The Matrimonial Rights,Revocable and lrrevocable Divorce, The Maintenance ofKinship & Other commandments). This book is, in fact, a part of the other book of theauthor entitfed The Conclse Book ol lslamic Fiqh. May Allah, Glory be to Him, treat this attempt asentirely pure & sincere for His Sake. May Allah highlybenefit, with it, the writer, the reader and all the Mustims.He ie the All Hearer, the All Responsive.Muhammad b. lbraheem At-TuwaijiryMuharram I 1421 H. / Aprll, 2000
    • atliunidah,2000@ Coop,otive for &Guidance 0ffice Call LibraryCataloglng-ln-PubllcatlonKing FahdNational DataAl-Tuwaijiry Muhammad lbrahim , bin The bookof nikah - Riyadh. 48 P. , 12X17 cm. tsBN 9960- 859- 04 - 5 ( 1- Marriage lslamic fiqh) 2- Personal stateof Muslims l- Title254.1dc 2024121 LegalDeposit 2024/21 no. ISBN:9960-859-04-5
    • CONTENTSTh€ Book ot Nilrah 4The Wisdomof Maniage 4The Procedure the ManiageContract of I ManiageConditions INikah al - Mutah 13Marryingthe Kafirah Women 14The Mahr (lslamicDowry)of the Kafirah 14The Mahr(lslamicDowry) 17The Walimah(Wedding Banquet) 18 MatrimonialRights 20 The Ntesl,oose 22 The Bookof Divorce 24 The Formsof DMorce 25 Fhe Sunni Divorceand the Bidee Divorce 26 Revocable and lnevocableDivorce 27 Al-Khal (lnstantDivorce) 30fhe Eeld 31fhe Dhihar 32fhe Liaan 33 The Procedure Liaan ol 33fhe l&ah uThe Purposeof lhe lddah u Thereare six Categories Mutaddat ol 35 The Ridhaah(Breast Feeding) 37Alimony 37The Maintenance Kinship of 38The Custody 39The Foodsof the lslamic Household 41The Ntakah 42GameAnimals 43The Clothing the lslamic of Household 44 3
    • The book of Nd<a^h (Marriage) The nikah, or marriage and pairing are of thelaws that Allah has passed for His creatures. Pairingapplies in general tb animal and vegetation. As fornian, emfr ttas distinguished him over the rest of Hiscreation by assigning to him a suitable systemwhereby mans digniry and honor may be maintained,and his esteem may be preserved through legal nj*ahSuch a procedure secures a relationship befween manand woman that is based on mutual respect andconsent. Thus mans natural needs are fulfilled in a sound manner to preserve posterity and protectwoman from being a common object. The nikall is one of the Islamic laws to which tJ:e Messenger, peace be upon him, encouraged theyouth saying: - Young peoplel Whoever of you can afford marriage, let him get married, for marriage helps restrain the looks,l and presewe their chasdry He who cannot afford it, let him observe fasring, for fasring is a deterrent.The Wisdom of Marriage: 1- Marriage is a healthy environment in whichthe family maintains its cohesiveness and reciprocallove. It aiso helps maintain chasdry and guards onefrom comrnitting the Prohibited- 2- Marriage is the best means of reproductionand multiplication, and preserving the famify [neageI Restrainsthe looks from what is prohibited.
    • 3- Marriage is the best means of fulfilling sexual needs free from related diseases. 4- Marriage fulfills the parental and marernal senses in man through having children. 5- Marriage helps maintain the sense of securiry,self contentment, and chastiry for both husband andwife. * Nikah, or marriage is recommended for himwho is desirous of it, and is not feared to commitfornication. Orherwise, marriage is a must for a personwho fears committing fornicacion. * It is recommended to marry a woman who isreligious, virgin, fertile, and beautiful. * It is praiseworthy for a man to see the womanwhom he intends to marry when she is accompaniedby members of her famiiy. She too has rhe right oflooking at him for the same purpose. * If it is not possi.ble for the proposing pe.rson tosee her, he may send a trusnvorthy woman to see herfor him, who would describe her to him. * It is unlaMul for a man to make proposal a to awoman when another Muslim has already made aproposal to her before he declines. * It is unlalvful to make obvi.ous proposal to adivorced woman, or a widow who is in her iddah. t Itis permissibie however, to hint about marriage to sucha wom;rn saying, for instance, "I would like to marry awoman like you." And she may respond by sayng:"No woman wouid reject you", and the like. * It is permissible to make direct or indirectproposal to a woman in her iddah of al irrevocabledivorce.L lddah, a wairing period for a woman rvho has been divorced.or whose husband hes died. She mJ) m:rrry lgein on(.e heriddal is over.
    • * It is unlawful to make direct or indirectproposal to a woman in her iddah of a revocabledivorce * It is recommended to consummate a marriagecontract on Friday evening because there is a time onthat day when the du a would be responded to. It isalso an act of tie SunnZih to perform the function inthe masjid if possible. There is no harm, however, if amarriage contract is officiated on any day, any time,or place, and it would be valid. * It is recommended to recite the khutbah of theProphet, peace be upon him, for the occasion: ,:,JijJ o);:*j1 {;!;J crsi rll , -tl . c.r] ) .lilJl i,Li, 4lll . ar gn,L,JLcl allJ .J li..iii -ls>i r-s^.Jli IFJ,u11 {-lll YJ eJJ y ;i :;:i, .eJ .r:Lr i }_:J.r.J ,rl Jl_-r,. X ( d_*_,,, .,,. i"^- . ;i *;it ,.tJ gyi y .:r-1 All praise belong to Aliah Whom we praise, and Whose aid we implore. We seek His forgiveness and guidance, and we take refuge in Allah from our own evils and from our sinfull acts He whom Allah guides aright none can lead astray; and whom He leads astray none can guide aright. I . testify that there is no true god except Allah alone, He has no partner. I testify that Muhammad is the slave of Allah, and His Messenger.May Allahs blessings be upon him, and upon his household, his cornpanions and those who follow them with piery, unril the Day of Requital. 6
    • :rnd to recite; *rf L<*-lt Ui., .].l-: !.L:1.1,..; j, f<J- .tr.tt f ., rrr=r .,r-,Jr q b r.r,i n5+ cg 6 | lrl ltrl)lj + rr_/rL,- lriJr .irI rrgrj l;1i;l:+, ^a- ,{s, O Mankind! Fear your.Rubb Who has created you from one man and from him He created his mate, and multiplied from rhe two of them many men and women. And fear Allah, by Whom you demand (one of another) your rights, and do not sever your ties of relation (by unkind behavior), for Allah is watching over you.and: ,{otf-,+r!)l ;;y);{r:e;rr.;;t trri r.iJr -i r. 9 O you who believe! Fear Allah as He should be feared, and (make sure) you die only as Muslims.and: ,*-t $tr-"i rKl el-- irr- rp tlp: inI rrj-r rr:J -,.iJr arir,- r i, ,{ ;+" ;jt ro.ui.J.-;.1 r3a. -r.1 o .3lrj n3 O you who believe! Fear Allah and speak the truth. He will render your deeds aright, and forgive your sins. He who obeys Allah and His Messenger would indeed achieve great success. He would add too: Allah has commanded marriage, and forbidsfornicarion. He says: ,{ Fug tt^9t1 | €tV :t;lr-Jrl f,3,-rit And marry the spouseless among you, and your -aie slavesald tl:e female siavesthat rishteous.
    • Thereafter, the marriage contract would then beofficiated.The Procedure of the Marriage Conuact: The guardian of the proposed girl would say tothe proposing person:I give you in marriage myaaugtrter "So-and so, (naming her name), the Iatter*onld respond: "I accept this niJ<a}r, and I consentTwo men must wimess this procedure. * It is recommended to say to the newly-wedman: May Allah bless you, and make y-ou to possessbiessings, and may He unite the nvo of you in goodcause. * It is recommended for the groom to say uponreceiving his wife: O affafrt I ask You her goodness, and the goodnessof the nature in wtrich You have created her And Iseek refuge with You against her evil and the evil ofthe narure in which You have created her After the consummation of the nikah, thehusband would meet his wife privately, and enioy herbecause she has legaily become his wife. But prior toconsumma[ion of the contract, the above is unlavrfuleven after the engagement, for she remains at that point, a stranger to her fiancee as long as the marriage contract is not consummated. by " Nlarriage contract may be consummated any verbal consent, such as when the guardian says: "t give you her in marriage", and the proposing person I agree", or "I accept this reiponds by saying: It is commerrded that such words be said in ".tait"ge". if one of the concerned parties does not Arabic. But speak Arabic, he may express himself in his ownlanguage. B
    • Mariage Conditions 1- Designating the nr/o spouses. 2- The consent of the tlvo spouses. None of them should be forced to give his/her consent. Both the virgin and the non-virgin, must first give their permission before giving them in marriage. The virgins permission is her silence when asked, while the non-virgins permission is her verbal consent. The insane and the intellectually incompetent may be made to marry without their consent. 3- The presence of a guardian, who must be a male, free, adult, trusrworthy. Both parties must subscribe to the same religion. The governor may give in marriage a kafirah ( a non-believer) woman who has no guardian. The womans father is the one whohas the right of giving her in marriage, or her grandfather, regardless how far up his lineage may be, orher son regardless how far down his lineage may be, then her firsr brother, or her half brorher, or rheirsons, or her first uncle, or her second uncle. or tireirsons, or tl:e closest of kinship to her from the ta,seebgroup, or the governor. 4- The witnesses: No marriage would be validwithout tlvo male witnesses. If the first guardian refrained, or i.f he is not fit,or he is absent, or unavailable, the next of kinguardian may represent him. If the guardian gives in marriage a piouswom2n to an impious, the marriage would be valid.If the woman or her guardians object to this marriage,the -n-r.kai would be canceled, for shame would be onthem all.
    • Tt.e Mahaarifr,l the Prohibited women toMarry It is a condition *rat the woman a man wants tomarry be of those who are not forbidden for him tomarry.The Prohibited Women are of Two Categories: 1- Women prohibited forever are: the mother,regardlesshow high up the lineage she may be"Theda"ugtrter,and he? grand-daughter regardless howAot^it ttt"fioeage she may be, the sisters, the maternalaunt, the paternat aunt, the brothers daughters, thesisters daughters, the wifes mother, the wivesdaughters, tlie fathers wife, the sons wife, the maleswet nurse. it is also prohibited for a man to marrytwo sisters at the same time. It is also forbidden for aman to renarry the woman he divorced by mulaanazor imprecation. Suckling a baby establishesa just foster-tinstrip and is an impEdiment to marriage ascertain casesin blood kinship are, except for themother of ones foster brother, arrd the foster sister of mans son.I Nlahaarim pl. of mahram, a male escort such as a husband foror one of the rvomans male siblings who are not lawfulher to marry.2 A.r uncommon form of divorce rvhich honetheless ispossible in Islamic larv, based upon the husband accusing his an*lfe of infidelity. He supports the accusation by takingoath four times (instead of the requiremqpt, otherwise, for andthe infidelity to have been witnessed by four witnesses) onby calling imprecations upon hirnself in ct."e of falsehoodtris part.itr" wife then dinies the accusation by taking four- ofoaths, and calls imprecalions upon herself in case andfalsehood on her part. The marriage is thereby dissolved the wo can never be remarried ro each other lo
    • 2- Temporarily forbidden woman for a certain period of time: a- Ma.rrying fwo sisters ac the same time, or the womarl and her maternal, or paternal aunt. Once the wife has died, or divorced, her husband may marry her sisrer or her aunt. b- A woman in iddah as a result of divorce. or the death of her husband. c- The wife who has become irrevocably divorced her husband cannot remarry her before she has married another man. d- A woman in ihram until she has concluded her rites of the lIajj or the Umrah. e- A disbeliever is not allowed to marry a lvluslimwoman before becoming a Muslim himself. f- A Muslim is not allowed to marry a disbelieverwoman, un]ess she is a free woman from the Peopleof dre Book. g- It is forbidden for a bondsman to marrymistress, and so is it for a master to marnz hisbondswoman because he owns her. A woman married by a marriage contract islnlawfirl to be possessed. a bcndswomal, as unless sheis a bondswoman from the people of rhe Book. * The lineage deciding factor regarding theprohibited women: All mans relacions are prohibitedfor him to marry except for his paternal and maternalcousins. * lf a woman, or her guard.ian lays a condirionthat her husband should not marry anod:er wom2nwidr her, nor to take her out of her home or councrv. lt
    • thator demard. an increase of her dowry, or the likedoes noc violate the conract, such conditions areconsidered va]id. If the husband violates these thecondidons, she becomes entitled to dissolvemarriage if she so wishes. * It is permissible lor the lvluslim to marry fourwomen provided he maintains fa-irness in readng andthem as regards to maintenance, clothes, foodsheiter, and the like. If he fears being unfair itbecomes unlawful for him to marry more than one * The dowry is the womals right upon her herhusband. He must pay it to her for havingpudendum made legal for him. * If che husband does not pray, it becomes forunlawfui for rhe wife to keep his company Andnegleccing prayer is an act of kufr, or disbeliefdue to the rule: "No guardianship of a disbelieverover a lvluslim woma-n." If she neglects prayer, shemust be d.ivorced if she does not repent to AllahThe ImproPer Nrka-h 1- Nlka-h ash-shighar, is giving by a guardiana womalt in marriage to a marl on the condirion thatthe latter would give him one of his own womenfolliin rerurn without dowry. Both marriages are not validBuc if each womal has a dowry assigned to herwitbout pretet or a gimmick, their marriage would bevalid. If one of the cwo brides has a dowry assignedto her, only her alka.h is valid, while the orher ones isnot. r2
    • 2- Nikah al Muhallil. marrying a woman thathas been trebly divorced, on the condition of hisdivorcing her after consummation of the marriage, inorder thar she rnay become lawful to be remarried tothe former husband. If the second husband hasintended to ma-rry such a woman just for dre sa-keoflegalizing her for her former husbald, or if theypreviously agreed on this, such marriage is invalid.The Prophet, peace be upon him, said: Allah hascursed rhe al-Muhallil r ;y16 rhe Muhalal 1ahu. (rbeformer husband). 3- Nika,h al Mutahz or the marriage ofpleasure, a marriage stipulated to be temporary. Thismarriage is automatically terminated at the end of theagreed period which may last an hour, a day, a week,a month, or longer. This is fa-lseand iilegai type ofmarriage, because it rurns a woman into a commoditywhich exchalges hands. Ir is also harmful tooffsprings w,ho would have no secure home to setdedown in which they would be reared. The purpose ofthis marriage is to fulfill carnal desire only, not toproduce offspnng. It was lardul only in the earlystage of Islam for a very short period of time, and waslater prohibited forever. 4- The marriage of a Muslim woman to anon-Muslim wherher polytheist, or from rhe Peopleof the Book. It is unlaMul for a Muslim woman tomarry a non-Nlusiim. if such marriage takes place, itI The person who marries the divorced rvife as descnbedabove.2 Mutah marriage is common among the Shiites only, burforbidden by Ahlus Sunnah wal-Jamaah. It is a form offornication. l3
    • marrying her by teillng him that the bride was freefrom defects. * lf the husband is sterile, the wife would havethe option of nullifying the marriage because she hasthe right of having chjidren.Marrying rh.e Kafirah Women Whatever applies to marrying the Muslim womenapplies to the kafirah of the People of the Book, withre[ards to t]re dowry, mailtenance, divorce, and thelike, and the prohibition of marrying the siblingsapplies to the unbelievers siblings too. * Although improper, the marriage contract of theunbelievers, yet they are approved under twoconditions 1- That ttrey must believe in the validiry of theirown marriage contracts. 2- That they should not refer to the Muslims thedisputes arising from such conracts. * If the unbelievers want [he Muslims to officiatetheir marriages, the latter would do so according torhe Isiamic laws in which marriage is based on offerand acceptance, a guardian, and rwo witnesses. But ifthey approach tlee Islamic court after consummalingthe contact, in that case, if the woman found to befree from marriage impediments, such marriage,would be approved, otherwise, they would beseparated from each other.The Dowry of the Kafirah If a dowry has been named and lvas received byher, it would be approved regardless whether thedowrys item was proper or improper, such as wi:re orswine. But if she clid not receive it, she should take itonly if it is proper and tawful. If it is improper, or no t4
    • dowry was named for her, then she would be giventhe dowry which is usua-ily given to a woman herequal. * If both spouses embrace Islam at the sameLime, or if only the husband (a Chrisrian or a Jew)became Muslim, the marriage remains valid. lf the kafirah woman embraces Islam beforecohabitation with }:^erkafir husband, their marriagebecomes null and void, because it is unlaltful for aMuslim woman to marry/ a kafir. * lf after cohabitation, one of the kafir spousesembraced Islam, the following should be considered:If both embraced Islam before the end of the wifesiddah, she would remain his wife, but if she embracedIslam, and her iddah was over before he embracedIslam, she may marry someone else, or if she wishes,she may wait unril he becomes a Muslirn. If he does,she would remain as his wife without renewing thecontract or the dowry, She should never give herselfto hirn before he becomes lvluslim. * If both or one of rhe spouses apostate beforecohabitation, marriage would be nullified. If theyapostate after cohabitation, thei.r marriage woulddepend on the iddah, if the apostate spouse repents,rhey may resume rieir marital status, othenvise themarriage would be dissolved the moment apostasytakes pl.ace. * Li the husbanci embraces Islam and his wife isChrisria:r or Jevvess.the marriage remains valid, but ifthe wife is kefirah, (who is neither a Christian nor aJeness), he must divorce her. * If the ka.f,r man accepts Islam, when he hasmore fllan four wives, he must choose four of themand divorce the rest. * If a kafir embraces Islam while he is marriedto two sisters, he must divorce one of them. Likewise, l5
    • is null and void, and must be terminated. Thereshould be no authoriry of a kafjr over a lvluslim. " lf the brldegroom l;rys a condition on the bridethat he would give her no dowry nor maintenarce, orthat he would give her iess than her co-wife, or more,or if she put a conditio4 that he must divorce her co-lvife, such marriage is valid but the condition is void. * If the bridegroom made a condirion that hisbride has to be a MusLim. but discovered she was aChristian or Jelv, or that she must be a virgin, butturned to be otherwise, or to be beautifui or of nobleiineage, or that she must be free from defects such asblindness, muteness or the like, he would have theoption of nullifying the marriage contract. * The bride who discovered her husband to bemajboob,r she wouid be entitled to have the marriagecontract nullified. But if she knew ttris before dee nikah, and accepted him after cohabiring with him,she would lose her right of nullifying the marriage. * Every defect in the spouse such as leprosy,muteness, or open wounds in rhe pudendum or tieprivate organs, insal}ity, urinary diseases, sexualimpotency, foul odor, or the like, in either of them, *reother spouse would have the right of nullifying themarriage, but if the spouse knew and consented he, orshe would forgo such right. * If a conrract is canceled as a result of suchdefects, or the like before cohabitation, she would notbe entitled to the dowry, She would be encitled to it ifthe cancellation took place after cohabitarion. Thehusband may retrieve the dowry from the bridesguardian, or from the person who deceived him intoI A person whose penis is cut off entirely l6
    • if he is married to a woman and her aunt, he mustchoose only one of them. Whoever accepts Islam, tJreIslamic laws regarding marriage and everything elseapply to him. T}:.e Mahr (Dowry) * Islam has honored the woman, and given herthe right of ownership, and imposed on mzul to giveher dowry as her due right to make her content on theright of her husbands guardianship over her. It isunlawful for anyone to rake her dowry or pa-rt of itwithout her consent. * It is recommended to ask light dowry and toname it in the contract. There is greater barakah tnthe women whose dowry is the least. * Anything rhat is lawful to give as a price islawful to give as a dowry, regardless how Little it maybe. There is no limit, however, to set as a maximumfor dowry. It would also be valid as a dowry ro teachh-is bride how to read the Quran. * It is permissible to pay all or part of the dowryup front, or defer it all, or part of it to a future time. Itis commended to pay part of the dowry up front. Butif a tirne has been slated to pay the dowry there is noharm in thar, otherwise, the bride may demand irej.t.herupon tJre husbands death or divorce. * It is acceptable for a father to give his daughterin marriage for a dowry equal to that of a girl herequa1,or iess or more. * A woman possessesher dowry by virtue of themarriage ccntract, and it becomes due to her in wholeonce her husband has gone into her, or by being withher in seclusion. * If a man divorces his wife before cohabicingwirh her or before being with her in seclusion, and hasalready named a dowry, she would be entitled to one T7
    • half of that dowry unless she herself, or her guardianwaives it. * lf a man divorces the woman before naming adowry and cohabitation, a compensation becomes dueto her, the amount of which depends on his financialmeans. But if a man divorces his wife aftercohabitarion, and before naming a dowry, she wouldbe entitled to a dowry that is usually given to awoman her equal. * If the two spouses are separated beforecohabitation as a result of improper marriage, neithera dowry nor a compensation would be due to her. Butif cohabitation took place, the dowry would be due onthe man for having legalized her pudendum. * A woman who is married by an impropermarriage contract, such as the fifth wife, or thewoman who has remarried during h^er iddah, or awoman whose marriage was suspected to be illegal,such a woman wouid be enrirled to a dowry uponseparadon, sirnilar to that of a woman her equal. * If the tvvo spouses dispute over the size or [henafure of the ciowry, the husbands word under oalhwould be decisive, but if they disputed whether shereceived it, the wifes rvcrd is the decisive unless theother spouse produces a proof to tJrecontrary. Tb.e Wafimal, (Weddig Banquet) * The walimah is a meal that is given on theoccasion of uniring the nvo spouses. * It beccmes due upon consummating thec o n t r a c t , t h e r e a ft e r . o r u p o n c o h a b i t a t i o n , o rafteruards depending on the social customs. * It is a pracrice of rhe Sunnai to kill one lamb ormore depending on financial conditions. It is unlawfulto be wasteful in the banquet, or in anything else. 18
    • * It is obligatory to respond to the walimahinvitation, if the host is a Muslim who is not lavvful toostracize.l It is not laMul for an invited person todecline if he was personally invited on the first day,and if the banquet did not involve unlawfui things. * It is permissible tq respond to an invitation by adthimmi 2to a banquet provided it does not involveunlawful things, such as consuming wine, swine flesh,or ttre like. * If an invited person happens to be obsewingobligatory fast, he may attend the banquet andsupplicate Allah for the hosts, and leave. If he isinvited and is observing supererogatory fast, he maybreak his fast to please his host. * It is commended to eat from the meal, but it isnot compulsory. Eating from such meal becomeslaMul either by rhe hosts permission or his offeringI L. * lf the guest finds out unlawful things, and he isable to change it, he may attend the banquet andchange it, otherwise, he should deciine. But if he findsout the llrong after attending, he either changes it ordeparts. if he knew about tLretlrong thing bur neithersaw or heard it himself, it is up to him to stay orleave. * It is the Sunnah to publicize the wedding.Tambourine is oniy laMul for women to piay rothemselves, not to rnen, in tJre wedding parry for chepurpose of pubiicizing rhe wedding. A1l orher musical.I This means if a N{uslim pracrtces innovarions in religion heshould be ostracized and his invirarions should be rerected.2 A person belonging to the categorv of rhe protectedpeople, in the lslarnic Srate i.e., Chrisrian, Jews, and lrlagians. I9
    • instruments are unlawful in weddings or otherwisefor men or women.l Matrimonial Rights * It is incumbent on both spouses to maintaincourteous relation. * It is unlawful for either spouse to procrasdnatethe others rights, or express displeasure in deliveringtJrem, or to fulfill duties harmfully or braggingly i The husband may enjoy his wife in a legalmanner anytime he chooses as long as this does notpose harm on her, or take her away from fulfillingreligious duties. * It is permissible for the husband to take hiswife on a trip if she has not made it a condition onhim drat he should not- * It is unlawful for a husband to have anintercourse with his wife during her menstruation Itis also unlawful for him to sodomize his wife, for theanus is the place of filth. to have a bath " The liusband can force his wifeafter her menstruaLion, to wash off impuriry, or takeoff her body what is abominable of hair, or the like * The two spouses must have a barh, or a shower after each intercourse. But if the wife is not a Muslim she does not have to be forced to do so, though it iscommended.I All kinds of music are prohibited rvhether in rveddingsorotherwise. The tambourine is permitted only for weddingparry, and only for women to play for themselvesnot for menio trear. Singing too is prohibited at all times. It should beborne in mind, that what some people would like to believethat singing is lawful in the Eeds,or the wedding parties , isjust a whimsical, and unsubstantiated opinion. Chantinginno...rt poetry during the early stageof Islam has nothingin common with the singing of today. 20
    • * If the husband goes away for over six months,and his wife demands his return, he must return if hecan afford it, but if he refuses, separa[ion would ensue!r6^n hPr rAntlPsts y- r L v L^-- * it is commended to mention the name of Allahupon having an intercourse with ones wife saying: In the name of A-l-lah.O Atlahl Keep us away from the Satan, and keep tlee Satan away from what You provided of offsPring for us. " It is unpraiseworthy to ta-tk much duringcopulation, or for man to separate himself from hisspouse before ejacuiation. * It is unlawful to have an intercourse in thepresence of anyone else, or to speak about it in public. * it is unlawful to keep nvo wives in one home,unless they agree to this arrangement. * The husband has the right of preventing hiswife from going out wichout his permission. He alsohas the right of preventing her from acceptingemployment of any rype of work. * The husband must treat his wives fairly inallotment, overnight stay, maintenance, andhabitation, but not copularion. If he can afford it, it istiren commended. * If a woman travels without her husbandspermission, or refuses to travel with him, or to sleepwirh him, she would forgo her right of maintenance, orallotment for being disobedient. * It is permissible for a wife to give up her day toher co-wife with his permission, or leave it up to himto choose where to spend it. * lf a man marries a virgin when he already hasone wi-fe or more, he should stay with her seven days,then he would resume rotating his days among them. 2l
    • But he should spend only three days with the newwife if she was married before. If the latter requestshim to stay lvith her seven days, he may do soprovided he spends the same period w{th Lhe rest. The Nusloosq * The nusioose, thedisobedience of a lrife to herhusband. * If a lvoman shows signs of disobedience to herhusband, such as refusing to allow him to enjoy her, orto respond to him reluctand.y, or disdainfully, herhusband may exhort her, and try to draw fear of AJlahin her. If she insists on disobeying him, he mayforsake her in bed as long as he wishes. If she insistsnn har lflr 2rtihrrip he mrv hprt her hIIf nnl spvereltvrr * lf both spouses cla.irn that he or she is treatedunfa.irly, the judge may send an rrbitrator from themans side, and an arbitrator from the wifes side sorhat the nr,o would decide what is best for tJrecouple;eltlrer sepi.ljauolrul reunlon.^ : r L ^ - - ^ ^ ^ - ^ d n - n e r * Isl.rm encoursgesmulriplicarion. hence, aborcionafter 120 days from the formation of the fetus isunlawfui. If pregnancy is hazardous to the mother, itwouLd be permissible for a lvoman to have abordonbv medicina-l mears, before th.is period, for life vvouldnbt have been breafied into the ferus at Lhat stage. * It is the Sunnah for a husbald to sport with hiswife, shorv respect and ki.ndness to her, look after herneeds, and endure her shortcomings patiently. * It is the Sunnah for the wife to beaurify herselffor her husband, obey, and respect hi.m, not to frollxrin his face, nor to offend him. On tl:.e other hand, it isthe duty of the man to earn the living, and maintainhis family. Vhile the dury of the domesric services aswell as rearing the children rest on the wife. 22
    • * It is unlawful for tl:e wife to beautify herself toother than her husband. On the other hand, it iscommended for the two spouses to beautifytlremselves for each other. Allah, the Exalted, says: And they (the wives) have rights over them (the husbands) just as rhey (the husbands) over them, with moderation.r * The legal hijab is obligatory on everyMuslimah. The hijab must cover the body of thewoman and ttre parts of her body that atract men,such as the face, the hands, the hair, the neck, the feet,the legs, the arms, and so on. The woman must wear rhe hijab in the presenceof her brothers-in-law, her male paternal andmaternal cousins because they are not her mahaarim. It is unlawful for a Nluslimah to shake handswith stranger men, or to iake a car ride with astranger, such as taking a taxi by herseif, and so istraveling without a male companion of her siblings,whether by car, boat, airplane, or the like.I Al-Baqarah 228. 23
    • The Book of Divorce Divorce is dissolving the wedlock or, part thereof.The Wisdom of Divorce Islam lays great emphasis on the stability ofmatrimonial life and the strength of ties between thetwo spouses. Divorce is the last resort to anunsuccessful marriage. Marriage is one of Allahsgraces. While divorce is called for only when harmonybetween tlle two spouses become impossible. * Divorce is mans right only. It may be so due tothe fact that, he is more anxious on the durabiliry ofthe marriage which has cost him, financially, tomaintain it. He is apt to be more cautious and padent,and he applies reason more than emodons. A womanon the other hand, has quicker temper, Iessendurance, and shorter sightedness. Moreover, shedoes not have to suffer the consequences as thehusband does. Had divorce power been given to both,divorce cases,probably, would have mulciplied. * Divorce ta-keseffect if it is issued by a free-willed, sane adult. * Divorce is not valid if it is issued by a personwho is forced to do so, drunk, or who does not realizewhat he is saying, neither is it valid from an angryperson who is not aware of what he has uttered. * Divorce that is given jestingly is ineffective,because divorce is an act requiring intention, andjesting person has neither will nor intention tomaterialize what he says. Jesting persons arecomparable to an obliviant person, or the mistaken, ora person who says, or does *rings unconsienriously. 24
    • * Divorce may be called for by rhe wifes ill- temper, or her wickedness, or when marriage becomesinjurious to eirher of the spouses. * Divorce is unlaMul to be issued when the wifeis in her menstruation, or postrratal period, or whenshe is in neither of these tvvo situations, but herhusband has had an intercourse with her after herperiod was over. * Divorce would be valid if it is issued by rhehusband, or by his representative. The latter mayissue one divorce whenever he wishes unless thehusband limits his power to certain number ofdivorces during a certain period of rime.The Forms of Divorce 1- The unequivocal divorce which is expressedby words such as: "You are divorced", or "You are adivorcee", or the like. 2- The indirect divorce, rvhich is e.rpressed bywords that may be understood to mean divorce, orothenvise, such as saying "You are separated," or "Youare unl.awful to me" or "Go to your family", or the like. Divorce becomes effecrive when ir is expressedin direct and obvious words that do not need intentionto clarify their meaning. As for divorce which isexpressed by indirect speech, it requires intention tobecome effecdve. 3- The prompt divorce, when the husband Yousays to his wife: are divorced", or "I divorceyou", because the husband, in that case did not attachthe divorce terrn to anything else. 4- The deferred divorce, when the husbandsays to his wife: "You are divorced tomorrow", or, "Onthe first day of the month". Such divorce would rakeeffect on the date from which it is slared. 25
    • 5- The suspended divorce, when the husbandattaches a condition to it. It is of two rypes: a- If the husband intends by this divorce tothreaten. or force his wife to do a *ring, or to refrainfrom doing it, or the like, by saying, for instance: Ifyou go to such a place, you would be divorced,intenOing to stop her from going to tJeat place. Thistype of divorce would be ineffective, but it wouldrequire an oath expiation if she did go to that place-Expiation entails giving meals to ten people, oudittingthem, or freeing a slave. If he cannot afford it heshould observe fasr for three days. b- To intend to divorce his wife upon having acertain condition fulfilled. Such as telling his wife, " Ifyou waive the last installment of your dowr;2, youwould be divorced." Or, "If you give me such a thingyou would be divorced." Such divorce takes effectwhen the condition is fulfilled.ffug $rrnni Divorce and the Bidee Divorce The sunai divorce,l when the husband divorceshis wife with whom he has already cohabited, a singledivorce when she is pure from menstrual dischargeand when he did not have an inrercourse with herduring her puri.ty period. He rnay reapproach herduring h.er iddah. The iddah lasts for three puriryperiods. If her iddah ends before he reapproachesLer, she would be divorced. She would be lawful tohim only after new marriage contract and new dowryIf he reapproaches her during her iddah, he wouldresume with her the marital status. If the husbaaddivorces his wife for the second time under the sameI A proper divorce rvhich conforms with the teachings of theProphet , peacebe upon him. 26
    • circumstances, he would still reserve the right ofmaintarning the marital status if he approaches herclrrring her iddah. but if he does not, both spousesmust separare. To remarry her, he must have a newcontract and a new dowry. Once he divorces her forrhe rhircl rime she becomes unlaMul for him toremarry before she has remarried another man undera proper marriage contract. The bidee divorce,l the divorce which doesnot conform wich the respective Islamic laws, that is,when the husband divorces his wife during hermenstruaLion, or after having an intercourse with herwhen pregnancy carnot be verified at that point. Orwhen the husband trebly divorces his wife in onesentence, or lvhen he issues the three separatedivorces in one single session by sayrng for example:"You are divorced, you are divorced, you aredivorced." This rype of divorce is unlaw{ui, and asinfui act. Divorce becomes valid only when rhehusband issues a triple divorce rvhether in a singlesentence, or in a single session during her puntyperiod. It would be, holvever considered as one-term-divorce assocj.atedwith a sin on rhe part of thehusband for giving three-in-one divorce.Revocable and lrrevocable Divorce 1- The revocable divorce, when the husbanddivorces his uife, with lvhom he has alreadycohabited, a singie divorce. He may reapproach herwhile she is in her iddah, if he wishes, because shewouid rema.in as his wife as long as she is in heriddah. Both spouses can legally inherit each other.I A divorce llhich does not conform with the teachings of theD , n n h es r , rvPrr r nerna he rrnnn h111. 27
    • Resumption of marital status may be achievedverhallv when rhe husband savs to his lvife: "lreapproach you." or practicaliy by having anintercourse with her, or simply b)al act Ieading tocopulating with tl:reintention of resuming ma-rital life 2- Irrevocable divorce, by rvhich the wifervould be separated from her husband permanently. Itis of nvo kindst a- Divorce of lesser severzulce, the divorcewhich a husband issues his wife for the first, or thesecond rime, without approaching her before the endof her iddah. In ttris case, divorce would be consideredof lesser severarce because the husband can remarryhis divorced wife by a new contract and dowry, evenif she did not remarry anodeer man. b- Divorce of greater severarlce, the thirddivorce after which the divorced wife separates fromher husbald permanently. She wouid not be lawful tohim until she has married another man under aleoirim:re marriaoe contract, and with the intention ofrrbr gr 14!Lmaintaining proper marital life. The second husbandmust have an intercourse with her. If the secondhusband divorced her, and she has concluded herjddah, the first husband would be permitted toremarry her with a nelv contract and dollry. " it is permissibte for the wife to request adirorce in tlee presence of a judge if the marriage iscausilg her injury t.hat makes her life unbearableunder the follolving circumstances: 1- If the husband falls short of maintaining her. 2- If the husband inflicts injuries upon her [hatmakes her unable to conLinue living with trim, such asabusing, swearing, battering, or forcing her to commicunlaMul things, or the like. 2a
    • 3- If she suffers as a result of prolonged absence of her husband, and fears succumbing to the lowerdesires. 4- If her husband has been incarcerated for along term, and she becomes harmed by his absence. 5 - If her husband has terminal disabilitv.impotency, serious ailment, or the like. * If a mal says to his wife :"The divorce decisionis in your hand", she would thus have the right ofdivorcing herself three times, unless the husbandintended to give her the right of one divorce only. * If the husband says to his wife: "lf youmenstrllate, you would be divorced" she would bedivorced by her subsequent menstruation. * If the husband says to his wife: "lf you givebirth to a baby boy, you would be divorced once, andif you give birth to a baby girl, you wouid be divorcedrlvice, and if she gives birrh to a boy and a girl. shewould be divorced by the birrh of a boy and would bedivorced irrevocablv b1 the birth of rhe girl. Shewould not have to observe rhe iddah. * He ,vho is doubtful as to rvhether he hasdivorced his rvife, or lvhether he has attached acondition to it, he does not have to divorce his wife.But if he is doubdul as to the number of the divorces.it should be consicleredas one. * It is recommended for a dilorced !omaJt tostay home to go out onl1,if she has to. * P e r m i s s i b i l it - " - o f d i v o r c e i s o n e o f t h emeritorious features of Islam, and so is thepermissibiliry of resumprion of marria-l status. lf rhemarried Life lacks harmonyand becomes impossible,divorce becomes allorvable. A1l praise is due to Allah. * It is the Sunnah to ha!e the divorce and t}te ,resumption or reunion lritnessed. It is va-lid though,to divorce or resume married Life rvithout rr,imesses. 29
    • N-Khal (Instant divorce) * The KhaJ, a state of instant divorcement for artursom, or compensation given to the husband by thewife. * Ttlle khal is a good Islamic remedy. If detestingto concinue the marital life was on the part of thehusband, divorce is his decision to make. But if it wason the part of the wife, Islam allows her to requestfor instant divorce by returning to her husband whathe gave as a dowry to rel.easeher from the wedlock. * The kla.l becomes permissible when the wifedetests her husbands conduct, temper, features,impiousness, or if she fears to commit a sin if she fallsshort of being dutiful to him. It is unlaw{ul for thehusband to withhold her release for the purpose offorcing her to give her dowry. He would be entitled to the dowry he gave her only if the wife comrnits anatrocious sin, such as adultery or a gross act ofdisobedience. * The kia.l is the break of marriage whether it takes place by pronouncing tJeeterm of divorce, khaL , or by giving a ransom, such as saying by the husband to the wife: "You are divorced," or "I quit you by khal." And she would respond by saying: "I accept", or the like. * Any properry that is permissible to give as dowry, is pennissible to give as a compensa[ion for separation of instant divorce. If the wife says to her husband "Divorce me instantly, (by way of khal) for a ransom of a thousand of such and such", and he responded positively, the divorce would take place instantly, and he would be encitled to the thousand. It is comrnended for the husband to ta-ke no more than what he gave her as a dowry. 30
    • " The kial is permissible whether the wife is inher purity period, or menstruation. A woman divorcedin this manner, should observe as iddal, threemenstruarion periods. * It is permissible for the husband to remarry thewife whom he divorced.by khal, with a new contractand dowry, and with her consent. The EeIa * The ee/a, the husband swearing by Allah, or by any of the names of Atlah that he would not go to his wifel for over four months. Such decision is unlawful, for it signifies swearing to neglecr an obligatory deed. * A man during th.e Ignorance Era would swear not to touch his wife for a year or two in order to spite her leaving her in limbo having a status ofneither a wife nor a divorcee. To put an end to suchinjury, Allah, the ExaLred, has limited the ee.la to fourmOnths. * ll a man swea-rsthat he would never touch hiswife, or thar he would not do so for a certain period of time, he becomes mouli.? lf he reapproaches his wifewithin a period of four monrhs ee.la would thus beterminated, but he would have to expiate by feedingten need)/ peopie, or ouditting them, or by freeing oneslave. If he cannot afford it, he would observe fast forthree days. But if rhe four months elapsed beforecopulating lvirh her, the wife mayr 6"-"od him tosleep with her, or to divorce her. If he insisrs, thejudge wouid pass a single divorce tenn to prorect thewife against injury. " The iddah oi a nomaa in eela is like thar of adivorcee. lo sleep hltn ner.2 l..ne re.son rher nr:, tices eetL .tl
    • Tbe Drhihat * The dthihar, the saying of a husband to hiswife: "You are to me like the back of my mother." or"You are unlawful to me like my mother is," or Lhelike. * Dthihar is unlawful. It was a rype of divorceduring the Pre-Islamic Era. Islam has nullified thisrype of divorce, but rendered the wife unlawful to thehusband until he expiates what he has committed- * When a man pronounces dthihar at his wife,she becomes unlawful for him to have sex with untilhe expiates his dthihar. * Expia[ion for drhihar would be confirmed onlywhen the husband had an intercourse with his wifeafter uttering r}re dthihar term to her. * If a woman says to her husband: "You are tome like the back of my mother", altJeoughsuch wouldnot be considered as dthihar, yet she has to expiate asthough she made an oath. " The expiation of drhjhar has multiple choice inthe foilowing order: 1- Freeing a Muslim slave. 2- The observance of fast for tlvo months. Thereis no harm if the rwo months were internrpted by thewro feds or menstrualion. 3- If the husband cannot afford the twopreceding choices one may feed si.rty needy peoplefrom the average food common in his area (1.5 kg)each. it would do if he gives a lunch or dinner each. * The husband must expiate before having anintercourse with his wife. If he does so beforeexpiarion, he would cornmit a sin. 32
    • The Liaa.n An announcement form of divorce which isnonetheless possible in Islamic Law, when thehusband accuses his wife of infidelity. He supports theaccusation by taking an oath four times, and by callingimprecations upon himself in case of falsehood on hispart. The wife then denies the accusarion by takingfour oaths, and calls imprecarions upon herself in caseof falsehood on her part. The marriage is tJrerebydissolved and the two cetn never be remarried to eachot]ler. * Wren the husband accuses his wife of infideliryand she denies the accusation, and he does notwithdraw his accusation, when there are no fourwitnesses, Allah has made liaan a lawful form of .divorce. It is commended to erhort the couple to makethem fearfut of Atlah before they commence the liaan.The Procedure of Liaan 1- The saying four tjmes by the husband: "Iswear by AIah I am truthful in imputing infideliry toher". He adds: "and that the curse of Allah be uponhim if he is a liar". 2- The wife responds by repeating four times: "Iswear by Allah he is a liar in accusing me ofinfideiiry." She adds: "and that the wrath of Allah beupon her if he is u-uthful". * Once the liaan is completed, the following fourruiings are confirmed: 1- Waving of castigarion punishment applicable to aduitery. 2- Separation benveen the spouses involved in t:.^^^ u adf. 3- The couple becomepermanently unlawfui for 33
    • each olher. 4- The children, if there is any, would be rel;rted to the mother, rather than to both parenrs. * If the husband refrains from the Liaan, hevvould receive the l-egal punishment for falseaccus.rtion,which is flogging with eighty lashes. If deewife refrains from liaiut and admits the accusaLion,she rvould receile the legal punishment of rhe rajm, orstoning to deat-h. * . nom;rn separated from her husbirnd by Liaanwould not be entitled to aLimonlduring her rdd:.lr, norlodging from the htrsbancj.The lddah * lhe iclci:ri, t-ireinten:rl of time rvhich a womarrmust obscne :,rffer divorcc or .fter the death of herhusbei-rd, beforc sh.e c:rn rclrr]rr. The tddah iso b l i g e t o r v o n e v e r ) ( ) i n : 1 nu p o n d i l o r c e m e n t o rwidowhoocl.The Purpose of the Iddah 1- To deterrnine the purltl, of the uterus as rvell . t s L h . p . l t r , r n i n o t r h c o i . l s p r i n g . 1o 2- provicle :1spaceof tirrie iluring lvirich reconciliation mir) take place.. 3- To irnpute grei.ltimportence to marriage, h a v i n g i t c o n s u m m a t e db y c o n d i t i o n s , a n d dissolved bya lvairing penod ard after contemplaLion. . 1 - P a ri n g J u e r e s p e , lt o s p c u s : l l r e l e t i o n s h i p t h r t the woman ma)not remarr-.vanotherbefore a wairing period. 5- There is no iddai due cn a .voman lvho is divorced before cohabiring rvith her husband. But if her husband has died before cohabirins .)+
    • with her, she would have to observe an iddah of four montis and ten days to pay homage to her husband, ald in recognition of his rightThere are Six Categories of. Mutaddat r 1- A pregnant woman, whose husband has died,or she is divorced, or her marriage contract has beennull.ified, her iddah ends with childbirth.fhe shortestpregnancy period is six months from the date ofmarriage, and nine months in most cases. 2- A widow, if she is pregnant, her iddah lastsu n r i - lc h i i d b i r t h , b u t i f s h e i s n o t , s h e w o u i d o b s e n erhe iddah of four months and ten <1:rys duri rlg whichpregnancy can be deterrnined. 3 - A w o m a n w h o i s s e p a r a t e df r o m h e r h u s b a n dby divorce, khal, or marriage a-nnulment rvhile she isnot pregnanr,her iddah is rliree menstrual periods. 4 - A w o m a n w h o i s s e p a r a t e df r o m h e r h u s b l r n dbut did not reach the age of puberty, her tddai is aperiod of three months. 5- A woman whose menstruation ceased tocontinue without knowing the reason,her iddah is afull year, nine months for pregnancy, and threemonths for regular iddah. 6 - A w i f e o f a m i s s i n g h u s b a n d , s h o u l d ; l t tf o rfour years before observing ti-rejddalr like rhat of awidorv, four months and ten days fronr the Cate of hismissing. * if after the wa-rtingperiod arrci the iddah, thewife of a missing husba.ndwas nlarried, if her missinghusband came back before cohabiring niuh t}.re second,she would belong to the firsr, bur if he returns afterI ltutaddat pl. oi mut:lddlh. e uomen in hcr lddah, orr v a i t i n g p e r i o d e f t e r c j i r o r c e ,o r a f t c r t h c d c : t h o f h e rhusband. 35
    • firstshe has cohabited with the second husband, thehusband would have the choice of either taking her rightback after concluding iner iddah, or forgoing hisand retrieving the dowry he gave her * It is permissible for a woman to takeconLracepti,r" pittt if she is too weak to bear childrenor if p.egnattcy endangers her health, if her husbandallowi trir to do so. But using contraceptives because theof dislike of children, or for fear of expenses orlike, is unlawful. * It is permissible for the woman to taKemedicine to siop her menstruation as long as it doesnot endanger her healtlt. * Thelddah of a woman married by an improperor doubtful contract, or who committed fornicationmust observe an iddah just like that of a divorcedwomarl, whether she is married or not mourning " Ii is obligatory on a widow to observetJrroughout ner iddah. Mourning is the abstainingiro* [rru wearing of ornaments, the use of make-up allana perfumes, the dye (henna) for the hands, andothei means of atuacting men. If she neglects tJreobservance of mourning, she would be sinful * Trre iddah perioJ must be spent at home But if mayshe is moved orti Uy force or out of fear, sheip"oa her mourning period anywhere she wishes andshe may also go out if she has to * A woman observing her iddah as a result ofrevocable divorce, she is entitled to alimony ano- ifioag-g, for she stiil enjoys rhe status of a wife Butshe is 6bserving iddah as a result of an irrevocabledivorce; if pregnant, she would be ent-itled to alimony to unril deliveryl Ottt".*ise, she would be entided neither alimonY nor lodging. 36
    • The Ndhaa-h (Breast feeding) * Foster-kinship establishes impediment to marriage just as the family relationship does. * The ridhaah, or breast feeding that renders the baby a foster-brother, or foster:sister to the childrenof t.he wetnurse are five feedings during t1-te first nvoyears, after which the suckling child is considered ashers as well as her husbands. Consequently, thehusbands and the wetnurses mahaarim become thechilds as well. This, however, does not apply to thechilds real parents, nor to his olrrr brothers ands i st e r s . * T h e l i m i t o f a s i n g l e f e e d i n g :A s i n g l e f e e d i n g i swhen the baby sucks the breast in one sessionregardless if the session was interrupted by taking abrearh, boredom, changing the breast, or the like. Allr h i s i s c o n s i d e r e da s a s i n g l e b r e a s t f e e d i n g . * B r e a s t - f e e d i n gs c o n f i r m e d b y t h e t e s t i m o n y o f ione trustworthy, pious woman, whether she is thewe[nurseherselfor not. * Vhen a woman breast feeds a baby, helsheb e c o m e sl i k e h e r o l r n c h i l d w i t h r e s p e c t t o m a r r i a g e , lthe permissibility of being in seclusionwith her, orwith her daughters. BeLng considered as her chr-ild doesnot mean, honever, that she has to maintain the child,inherir him, or vice t,ersa. Alimony It is incumbent on the husbend to pay a-limonyf o r h i s w i f e s m d n t e n a n c e t o c o v e r h e r b a s i cn e e d s o fmeals clothino L r v r . . ^ r b i anrl lndpinp. Srrch mtintenanceI In this case, the bab, takes thc status of hcr orvn childrenrvith regards to marriage, th.rt is, hc/she cannut mrrr) anyof her children. 37
    • depends on the norrns, the social condi[ion, age, andthe customs of the coupie. * The husband must maintain his revocablydivorced wife by supplying her food, clothes andaccommodation. But she would not be eniit-led to herassigned days if the husband has more than one wife. * A wife who is irrevocably divorced, would beentitled to food, clothing, and lodging only if she ispregnant. Otherwise, she would be entitled to none. * A divorced woman whose husband died wouldbe entitled to neither food, clothing, nor lodging. Ifshe is pregnant, her ma-intenancewould be deductedfrom her infants share of inheritance. If the infant isnot entitled to inheritance, her maintenance would bedue on the wealthy heir of the deceased. * If the husband went away ieaving no funds forthe maintenance of his wife, it would be incumbentupon him to pay her the arrears. * Once the wife becomes disobedient, she wouldnot be entitled to ma.intenance. * If the husband is niggardly in ma.intaining hiswife, or if he went away without leaving funds formaintenance, she would be entitled to dissolve themarriage with the permission of the judge, if she sowishes.The Maintenance of KinshiP " It is the mans duty to maintain his parentsgrandparents, and their parents, regardless how highup the lineage they may be, as well as their femalerelations. It is a-lso his duty to mainta-in his childrenand their offspring regardless how far down thelineage they may be, as well as their female relations.l1 That is, in case they are needy or poor having no one else tomaintain them. 38
    • * It is obligatory on man to maintain all his principal heirs, and taseeb group who are entitled to inherit him. " There are four conditions for maintaining relatives: 1- The recipient must be one of the donors heirs. 2- The recipient must be poor. 3- The donor must be well-off. 4- The donor and the recipient must subscribe to the same religion. The Custody The custody, the upkeeping of a child, or ahandicapped. It is an excellent institution in Islampromoting dre welfare of t}le weakling, and the needy. * The most entitled to the childrens custody is the mother, her mother, and grandmother, then thefather, his mother, or his grandmother. Then thegrandfather, and his mother, then the childs firstsister, or his step-sister.Then his first aunt, then thesecond aunt, then his graldmothers aunts then hisfathers paternai aunts, the maternal aunts, thefathers nieces, his female cousins, the grand-fatherscousins, then the rest of the usbah, the closest, thenthe closer, then the rest of his female relations, thenthe Head of State. The father must pay tJree,rpenses tow h o e v e r r e q u e s t st h e c h i l d s c u s t o d y . * If the person who is entitled to the custodyd e c i i n e s ,o r w a s u n f i t , s u c h r i g h t m o v e s o v e r t o t h enext of kin. * Once tJreboy reachesthe age of seven, he wouldchoose which parent he would like to stay with. If thechild chooses a parent who would not take good careof him, his choice would not be approved. 39
    • * The girls father has the right of her custodyonce she is sevenyearsold, only if *ris arrangementisin her best interest. * Once the boy reachesthe ageof puberry he maystay with whoever he wishes.Whereas the girl stayswith her father from the age of sevenuntil she movesout to her husbands. 40
    • The Foods * Anything of food, drinks, clothing, that -isbeneficiai to ttre soul and body, which helps man bemore dutiful to Allah is lav"ful in Islam * Anything that is harmful, or its harm is greaterthal its benefit, Islam deems it unlawful * Of the land animals only the following arelawful: camels, cows, sheep, goats horses, wilddonkeys, hyena, desert lizard, deer family, rabbits,giraffes, ana att other game animal that are noti".rriuotottt. Domestic donkeys, canine animals such asthe lions, cat family, wolves, foxes, jackals, dogsswines, monkeys, bears, porcupines, scorpions, therepdles, all insects, and all other wild animals areforbidden for food consumPtion. * Sea animals are all lawful for food consumptionexcept the frogs, crocodiles,and water snakes i All birds are lawful except birds of prey. * He who is driven by necessity, it becomes justIawful for him to eat or drink from the unlaMulenough to keeP him alive. tone may eat fruits that have fallen off the reesrhat are not fenced or guarded, but not to collect andhaul. * Drinking or ealing from gold or silver utensils isunlawful for both men and women. * The meat of controllable animal is unlawful toconsume before dthakah,r or slaughtering, except forfish and locust. * Ritual slaughtering means cutling the neck, severing both the windpipe and the jugular vein in one stroke. While uncontrollabie domestic animal,I Islamicmethod of slaughtering 4l
    • such as a run away camel, or game animals may beshot or seriouslywounded.l Ttre Dthakah Tlne dthakaft, or the Islamic ritual slaughteringmust meet four conditions in order to be legallyaccepted as halal food: t- fne slaughtering must be performed by amale, or a female, sane, Muslim, Christian, or Jew. Thedthakah of a drunken, insane, unbeliever or non-kitabi would not be valid.z 2- The object of killing: Any sharp object bywhich the animals blood would be shed excluding atooth, or a claw. 3- Severing both the throat and the lvindpipeand preferably the two jugular veins. 4- Pronouncing the name of Allah, or (the Basmalah)3 upon slaughtering. There is no harm ifsomeone forgot to pronounce it. If rhe Basmallah isneglected intentionally, the animal would becomeunlaMul. * It is blameworthy to use for killing a dull knifeor to sharpen the knife while the animal is looking Itis also blameworthy to turn the animal to a direccionother than Ue Qibhh, and so is breaking the animalsneck, or skinning it before it is completely dead. * It is forbidden to consume the meat of ananimal that died without slaughtering, the blood, thestifled alimal, the animal that died as a result of hardbeating, or by falling off a high place, or that died by ahard thrust of a horn of another animal, an animalkilled by a wild animal, if it is not slaughtered rightt To be treated like gameanimals.7 Knbi, A Christianor a Jerv.3 Basmalah, saying"Blsmrl/ai" in the name of Allah 42
    • after that, and all animals upon which Allahs namewas not oronounced. * Any animal that is killed by wringing its neck,or stifling it, or clubbing its head, shocking it, orimmersing it in hot water are forbidden to consume.Besides being prohibited by the Islamic law, the bloodof such animals would be trapped in veins and wouldbe harmful to health. * The driakah of a game animat can be done bystabbing arly part of its body. * Ther meat of lawful animals that areslaughtered by the People of the Book are permissibleto consrune. * It is not permissible to consume the lawful landanimals, or birds, before the dthakai, or beforepronouncing Allahs narne upon slaughtering. Seaanimals and locusts do not reouire dthakah.Gams Animalt Ga.me animals that are killed by hunring a-relawful for food under four condirions: 1- The hunter must be a Muslim or a Kitabi. 2- To be hunted by a sharp object that makes theblood pour out, or by a rrained hunring animai (a dog,a falcon. or the like) 3- To ler loose the huncing animal, or bird for thepurpose of hunting. 4- To pronounce the name of Allah uponshooting. There is no harm if the hunter failed to do soout of forgedulness, but not intentionally. 43
    • Clothing * Clothing is one of Allahs favors upon his slaves * Compulsory clothes for men and woman is tleatwhich covers the awrah,l and protects the body fromheat or cold. * Mandoob2 clothes,are those that give man orwoman fancy attire, and beaurY. * The forbidden clothes for men are the silk andgold, and gold rings, and womens clothes,and so arethe wearing of mens clothesby women.Forbiddentooare the clothes that are worn for ostentalion, as wellas any extravagant clothes. * Wearing silk or gold is permissible for womenonly. Men may use them for medicinal or dentalpurposes. * Wearing black clothes when there is death inthe family is prohibited. It is a condemned customand is not sanctioned in Islam, and legally censured. * It is unlawful for a woman to wear tightclothes that reveal tJre shape of the body, except whenshe is home with her husband alone. * It is unlaMul for a woman to wear ha-ir piece orfalse hair. A woman who wears them is cursed byAllah. * It is not permissible for a woman to assume theunbelievers attire. She should not wear male-up inpublic, nor should she gather her hair on top of herhead. nor to stvle her hair like the unbelievers. AI The arvrah compriscs the parts of the bod; that must bccovered.2 lrlandoob, a thing the doing of rvhich is more excellent thanlear.ing it undone, in the sight of Allah, but it is allo*able toleave undone. 44
    • person who copies certain people would be summonedwith them on the Day of Resurrection. * The womens dress must be long enough tocover the heels,and feet. Shemust cover her hands bywearing gloves, and her feet with socks in thepresenceof srangers. * It is not permissible for a woman to uncoverher face, hands, and hair in the presenceof srangerswho are not her mahaarim. 45