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PROPHET MUHAMMAD PBUH AND HIS BELOVED DAUGHTER

All Sahaba were human and thus fallible to human weaknesses. Ali RA who is revered by all muslims but sometimes placed in an unnaturally high position by Shias was just as fallible as any other human being.

At one point he threatened the peace of his home by considering marrying someone hostile to Fatima R.A. and Prophet Muhammad pbuh. It is one of the only known times that Prophet Muhammad pbuh reprimanded a Sahabi from the pulpit…… Here is the rest of the article:

Keeping The Religion Pure 
Some Shias claim that Ali, r.a., could commit no Wrong and was superior to all Sahaba, r.a.
We Muslims take ONLY Muhammad, pbuh, as the perfect Example. Not Ali, r.a. nor any other human being. Here is one reason.

Ali, r.a., was a great Muslim as were other sahaba, r.a. They were all humans and with their greatness they had imperfections. Only angels have no faults.

For Ali, r.a., it is well known that he did not treat Fatima, r.a., well. He even wanted to bring an enemy of Islam, Abu Jahal’s daughter, into the community of Islam as his wife. That would have been a disaster for the community.

Fatima, r.a. complained to the Prophet, pbuh. Coming from such a gentle woman, those were harsh words she used for Ali, r.a. . She called him “This Ali….”

Here is the reprimand of Ali by the Prophet, pbuh.. I will select only one narrative. A scholar can surely find others:

” The Prophet, pbuh, said from the mimbar of the masjid:: “The People of Hisham ibn Mughira have asked my permission to marry their daughter to Ali ibn Abi Talib. I DO NOT PERMIT IT. AGAIN, I DO NOT PERMIT IT. and AGAIN I DO NOT PERMIT IT. Of course, if Ali divorces my daughter and marries their daughter, he has the right. My daughter is part of myself. Whoever harms her, harms me. Whatever hurts her hurts me.” [Sahih Bukhari, kitab-un-nikah]

Thus Ali, r.a., was reprimanded THREE TIMES, in one speech by the Prophet, pbuh, and that too from the mimbar of the mosque. He did not reprimand any other sahabi like that.

So, I say to Ismailis and extremist Shias: Remember, we are followers of ALLAH, not of Ali.

Our leader is MUHAMMAD, pbuh, not Ali.

Keep Ali, r.a.  within his human limits and respect him as such as a Sahabi.

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Why TALAQ is easy but KHULA is almost impossible in the Muslim society?

Why TALAQ is easy but KHULA is almost impossible in the Muslim society?

SHARIAH  on the disintegrating family life is stagnant in most muslim societies where women are ignorant and few men in the family law system have manipulated the word of Allah and His Rasool to suit their personal, present needs in this dunya without fear or repercussions of the Hereafter.

We bring you a discussion by scholars on the difficulties facing muslim women in muslim societies in finding justice against cruelty in the home and legal recourse to end it. IT IS LONG…………just like the misery of a women stuck in a cruel marriage can be long and unending.

YOUR COMMENTS ARE APPRECIATED!

A report from Saudi Arabia.
May 15:
Photo: A seminar in Jeddah organized by the Socio-Reforms Society addressed by Advocate Osman Shaheed and Aleem Khan Falaki.
A successful seminar was held on “Why Talaq is easy, but Khula is almost impossible in Muslim Society?” one of the most burning issues at present in the Muslim society. It was attended by a large number of men and women at Shadab Hall of Jeddah on 10th May, 2013 after the Friday Prayers. The speakers reviewed the status of the real Islamic guidance, present norms and the Indian constitution on divorce rules. Qari Mohammed Abbas Khan recited Quran at the start of the seminar.
ISLAM IS THE FORERUNNER OF HUMAN RIGHTS AND GENDER JUSTICE
Aleem Khan Falaki, who is leading the socio reforms movement, emphasized that no other religion has descended or formulated rules about human rights, women’s rights and equitable social justice as clearly and justly as Islam.
But, unfortunately, every community interpreted these rules according to its own convenience. In particular, the rules related to women have been drafted and being interpreted with full patriarchal manifestation.We bow down our heads with shame when we see Muslim women crowding police stations, Qazi’s offices, courts and advocates begging justice.

It is perceived that the man is at liberty to utter the words of TALAQ and darken the future of the woman and children and that TALAQ is applicable instantly. However, if the woman wants to leave her husband, she has to face humiliation for months and years.

In the husband-wife disputes, both are equally responsible, but it is the woman who is punished mostly. If the man has the right to dislike some acts of the woman, the woman too, being an equal human being, has the right to get reluctant due to some unpleasant acts of the man. This is not justice that the woman must bear with every unpleasant act of the man and the man gets the right to treat her like a servant and punish her for every act that is unpleasant to him and threaten to terminate her from the job.
DALAIL (PROOFS BY HADITH) OF GENDER JUSTICE IN ISLAM (and many more)
There are many traditions as well as incidents in the life history of the Prophet Mohammed , (may peace be upon him) that shed the light on the gender justice and clearly reflect that there was equality in the cases of Talaq and Khula.

Hadith#1. A woman came to the Prophet (Pbuh) and complained that her husband, an Ansari, slapped on her cheek so intensely that her cheek got red. The Prophet (Pbuh) did the justice, called her husband and asked his wife to slap him with the same intensity as he did to her.

 Hadith #2. In another incident, a lady companion asked the Prophet (Pbuh) for Khula from her husband. The Prophet (Pbuh) asked the reason. She kept silent. He asked if her husband’s character was questionable to which she answered that there was nothing wrong with his character as he was pious and God fearing. Still she pressed for the Khula and the Prophet (Pbuh) did not insist her to reveal the reason and awarded Khula to her. 

Hadith narrative: Caliph Umar, r.a. We find a saying of Hadhrat Omer, r.a.,  that: “If the man divorces he must present the reason to the QAZI, but if a woman wants a Khula and she is not willing to present the reason, the QAZI must not insist and should award her the Khula. 

THE DOUBLE STANDARDS ABHORRED BY ISLAM
There are other incidents too in the history which reveal that the woman got the justice equal to men. But, in the contemporary Muslim Personal laws constituted by different communities, the man has been provided every convenience to divorce the woman.

As a result, the status of the woman has been totally marginalized. She becomes like a slave or an employee whose existence depends upon the consent of the employer. He can divorce her even if he is drunk, in anger, jokingly or sick. The divorce is applicable immediately even if he gives TALAQE GHALEEZA, TALAQE BID’AT.
Even his representative can divorce her on his behalf. She is separated instantly. He and only he has the right to have mercy on her and come back but she is not given such a right. The man is free and can go to have second or third marriage if he wants and there are no restrictions upon him from the law. She is compelled to wander around to prove he was right or wrong.
The woman does have the right to terminate the Nikah on certain conditions, but all the conditions are conditional to the husband’s consent on separation. Unless he signs to give his consent, the Khula is not considered valid.
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In the Indian Muslim Personal Law, there are 42 clauses in favor of Talaq and only 4 in favor of Khula.
WHERE DOES THE OBSTRUCTION TO KHULA COME FROM?
Ironically, all the four clauses carry the condition of husband’s consent on the Khula. It is nothing different from the Hindu beliefs that “Jisghar men dolijaaewahan se dolauthhe”, or “shaadiatootbandhanhai” , or “Shaadizindgi men ekbaarhotihai”.
Although, the Hindu society is giving up this practice, but the Muslim society is still holding these beliefs firmly on the pretext of Shariya law. They practice the same Hindu beliefs and go on taking revenge from the woman.
It does not mean that the woman is totally innocent. In most of the disputes, it is the woman and her family who bring the couple close to a breakup. But, again, the question is that if the man does not find interest in her, he has the right to leave her. Why does not she have the same right? Why is she roped around the neck? Why is she compelled to enforce Anti-dowry case, Police complaints, goons etc to terminate marriage?
DISTRACTORS TO THE SUBJECT
Aleem Falki added that he was talking about those women who are victims of men’s revenge and suffering. There are hundreds of cases in which women harass the innocent husbands. It is not always that woman is only innocent. But, that is a different topic and be debated in another such forum. Since some pseudo-intellectuals raise the unrelated topics and divert the topic, rather kill the topic and therefore, he requested to adhere to the topic.He then raised the situation where thousands of men adopt the revengeful policy of hanging women and elaborated on it.
The present Indian Muslim personal Law was drafted in 1937. It was called Mohammaden Law or Indian Shariyat Act. Article 224 of the Indian constitution guarantee application of these laws as far as muslim personal affairs are concerned.
PUTTING FIQH IN PERSPECTIVE

It is to be borne in the mind that the Fiqh is not equal to holy Quran. The scholars of different time extract and expand the laws of Shariya according to the situation present during a particular time. It is inevitable that these laws can be amended, changed or scrapped, if the new circumstances emerge. It is the need of the hour to keep the laws competent to the prevailing circumstances.

THE PROBLEMS WITH OLD FIQH:

Maulana Minnatullah Rahmani, the founding member of Muslim Personal Board as well as the writer of several books on this issue wrote in his book “Muslim Peronal Law” that the Masa’el are of two types:
One, those issues which were never experienced by the predecessor scholars and therefore the fiqh is silent on those issues.
Second, those issues which have to be deliberated afresh under the changing situations. The time when the present laws were drafted, has changed completely. The time when these laws were drafted, the man was a real “Qawwam” (Protector or care taker of the woman) according to the Quran. He was not the receiver of the dowry or Tilak or dinners from the woman. The woman was not aware of the modern education, job or outside world. The anti-Islamic literature was not taught to her in the name of woman’s rights, feminism, equality and gender justice.
RATIONALIZATION THE DISOBEDIENCE OF ALLAH
Today, the man has inverted or rather subverted the teachings of Quran and Shariya completely. Now, he does not pay ‘Mahr’, but instead, collects dowry from the woman not only in the form of net cash, but also demands property, automobile etc. He grabs the salary, inheritance and belongings of the wife. He is engaged in illegitimate relations too.
DIVORCE RATE AND TO LACK OF AVAILABILITY OF ISLAMIC COUNSELING
The divorce ratio is increasing alarmingly. In Kuwait it is 37%, Qatar 33% and Saudi Arabia 21%. In India and Pakistan, although it is 4-5% but the ratio of the strained relation or disturbed marriages is over 60%. In other words, every third house is affected by the hatred, court or police cases. The scholars (ulema) are not able to carry counseling because the subject of the counseling, although emphasized much in the traditions, yet, it has been totally neglected in the syllabus of the Madarsa.
]
SOLUTION:
Aleem Khan Falaki presented the evidences from the writings of Maulana Anwar Shah Kashmiri, Allama Iqbal and Maulana Ashraf Ali Thanwi directing towards establishing Shariya courts. If impossible, they advised for establishing local committees of minimum 5 respectable local persons to go and work as arbiter. They warned that if the woman will not get justice, she will revolt and will go to the extent of marrying even with non-Muslims.
LARGE HOLES IN THE “NIKAH NAMA” (MARRIAGE AGREEMENT)
Aleem Khan Falaki pointed out that the “Nikahnama” (the marriage agreement) itself is faulty. The word “AQD” implies an agreement by the two parties on whatever is taken or given. Since there was never a dowry, except Mahr in those days, so there was nothing to write from the woman’s side what she is giving. Therefore, the Nikahnama had the mentioning of only the Mehr’s amount.
But, the time has changed now. The woman is compelled in the name of the system to give a lot. Since the Muslim Personal Law permits the woman to take back all those gifts given at the time of marriage, there should be a clear mentioning of all those gifts she is taking with her to the house of her husband.
But,the man today does not agree to sign the receipt of these items as he is too clever and knows that there are hundreds of parents who can pay huge dowry without taking a receipt. So the woman is totally helpless.
The Muslim Personal Law Board must take action and draft a new Nikahnama. It should also define clearly what is considered as gift.
The present day’s dowry system is totally Haraam as it is a bribe, begging, blackmailing and violation of Quranic instructions as well as the way of the Prophet (Pbuh).
] WORDS FROM THE LEGAL COUNSEL OF INDIA ON MUSLIM MATTERS
Maslehuddin Ahmed presented an introduction of the honorable guest, Advocate Osman Shaheed. Maslehuddin Ahmed is well known in Jeddah for his religious as well as community services. Maslehuddin stated that the Adv. Shaheed is not only a successful and well known advocate in Hyderabad but also a kind hearted person who has served hundreds of helpless people for their education, marriages of poor girls etc. He had been the Prosecutor General of Andhra Pradesh High Court for 6 years.
]
Mr.Osman Shaheedexpressed deep concern over the present lawlessness among Muslims in the matters of Khula and Talaq. He stated that even the Muslim lawyers in the courts deliberately misquote holy Quran to win fake cases of Talaq for their clients. He emphasized that the holy Quran is the “Mother of all the charters” and all the present charters of national and international humanitarian institutions are extracted from Quran. He asserted that the real worship of Allah is in having justice in the relations. He quoted several examples from the Prophet’s(Pbuh) life as to how he treated his wives.
] THE SOLUTION TO THE WOES OF INDIAN MUSLIM WOMEN
Regarding the Khula/Talaq situation, he offered a solution, which was highly appreciated by the audience, that there is a possibility of solving these issues without involving courts and police. The Indian constitution itself grants the right to solve disputes in accordance with Shariya. He said there was no need to establish the separate Muslim Shariya courts as whenever such attempts were made in the past, the communal Hindu parties like RSS and BJP started the propaganda that the Muslims were trying to create another Pakistan.
] APPOINTMENT OF ARBITRATORS (AS MENTIONED IN SURAH NISA)
He said that according to the Indian constitution, the two parties i.e husband and wife, could appoint a person of their choice who is called an “Arbitrator”. No special qualification is required to be an arbitrator. Anyone, who is approved by both parties can become an arbitrator. Both the parties must submit an “Affidavit” in the court that they will honor the decision of the arbitrator even if he goes against their wish. Whatever the Arbitrator will decide, that decision will be endorsed by the court as “Order of Law”. The parties can get an “Execution order” too from the court to implement the decision of the Arbitrator. Since Mr. Osman Shaheed himself is running an Arbitration office which is serving people free of cost, he gave his telephone number to the audience to take his free legal services in this regard.
]
ESTABLISHMENT OF AN ARBITRATION OFFICE (CALLED OMBUDSMEN IN THE US)
Aleem Khan Falaki suggested that an Arbitration office be established with a list of arbitrators consisting of scholars and Mufties belonging to various schools of thought. The conflicting parties can choose the scholars according to their Maslak and beliefs. Let the people get their disputes solved in our own offices instead of non-Shariya courts.
FOR DETAILS GO THE WEBSITE GIVEN BELOW
The two and half hour’s seminar concluded with the questions and answers session. The prominent personalities of Jeddah participated in this seminar. Among them were Shameem Kausar, Syed Khaja Viqaruddin, Engr. Sayeeduddin, Engr. Khalid, Dr. Sayeed Haroon and Hafez Sheikh Hussain.
Report by : Dr. Sayeed Haroon

DO YOU HAVE FAVORITES AMONG YOUR CHILDREN?

Egyptian girls in Alexandria: Courtesy: http://www.uncorneredmarket.com/photos/picture/6649510195/

Justice is enjoined to us in every walk of life and specifically with those we love. Here Prophet Muhammad PBUH emphasizes the importance of justice among your children:

 Narrated ‘Amir: I heard An-Nu’man bin Bashir on the pulpit saying, “My father gave me a gift but ‘Amra bint Rawaha (my mother) said that she would not agree to it unless he made Allah’s Apostle as a witness to it. So, my father went to Allah’s Apostle and said, ‘I have given a gift to my son from ‘Amra bint Rawaha, but she ordered me to make you as a witness to it, O Allah’s Apostle!’ Allah’s Apostle asked, ‘Have you given (the like of it) to everyone of your sons?’ He replied in the negative. Allah’s Apostle said, ‘Be afraid of Allah, and be just to your children.’ My father then returned and took back his gift.”

 (Sahih Bukhari Book #47, Hadith #760)

What is the worldview of Islam on sexuality in all creation? (Part one of two)

The Family As The Nucleus Of The Islamic Civilization: It is essential to gain a perspective of the stature of the family in Islam and how does a healthy family evolve in society.

Islam is quite clear on the issue of sexuality in all of creation. Here are some questions that need reflection:

i. Does Islam extols celibacy as Christianity did?

ii. Does Islam see created beings as singles, each fulfilling itself in itself?

iii. Does Islam see the male principle of life or the female principle of life? as dominant in existence

iv. Does Islam see the male and the female coming together to fulfill themselves and incomplete without each other?

The Quran indicates that the first three parts of this question must be answered with a resounding “no”. 

The Islamic worldview is that of couples, not singles.  Allah’s view

of the universe, as part of Allah’s process of creation, is described in these

words in the Quran:

And of everything we have created pairs (zaujain) that ye may reflect. (51:49)

That it is He who granted Death and Life; that He did create in pairs

(zaujain)—male and female. (53:45)

And have We not created you in pairs? (78:8)

And the earth, We have spread it out, and set thereon

mountains standing firm, and produced therein every

kind of beautiful growth (in pairs) (zaujain baheej). (50:7)

–you see the earth barren and lifeless, but when We pour

down rain on it, it is stirred (to life), it swells, and it puts

forth every kind of beautiful growth (in pairs). (22:5)

Glory to Him Who created in sexual pairs (al-Azwaj) all

things that the earth produces, as well as their own

(human) kind and (other) things of which they have no

knowledge. (36:36)

The Arabic word used for pairs in these verses, zaujain, means

sexual couples, and these couples are mentioned in the verses

quoted as signs of Allah.  The first verse urges us to reflect on this

phenomenon of creation in pairs so that we might get some notion

of the harmony and peace which is Islam.

The rebirth of the seemingly dead earth (sura 22) after Allah sends rain is

also one of the indications of the happenings, which will occur on Judgment Day

(Yom al-Qiyamah).  Thus, the mention of the creation in pairs is linked, in the

Quran, to the mention of the basic beliefs of Islam—that Allah alone is the

Creator and the Nourisher and that we come from Allah and will return to Allah.

The final verse, from sura 36, helps us to realize that along

with vegetable and human life, there may be other forms or beings alive, of whom

we do not know, who have also been created in pairs

In his commentary on some of these verses, Imam Razi points out that one begins

to understand reality by looking at  the “marriage” of opposites.  In fact,

underlying the principle of harmony is the coming together of different

principles of being.  The day is completed by the night, labor by rest, the

world by the hereafter, the male by the female, the man by the woman (or woman

by man).

It is this mutuality and completeness, which is essential to Islamic existence. 

In this way of life there is no war of sexes, no dominance of one gender by the other. In this context, singleness or celibacy is deplorable and leads to serious problems while (as a general rule) marriage under Islamic principle is fruitful and makes existence complete.

Children must have the care and love of both a father and a mother to be complete human beings; otherwise their psyche is fragmented and their vision of the world is distorted.

Hence, marriage must be based on such solid foundations that divorce or separation does not take place or are very rare.

A society where marriage takes place not between a man and a woman but between the wealth and power of two families is an unislamic society.

Similarly unislamic is a society where marriages are temporary phenomena, based not on the holy sexuality of complete acceptance but on the triviality of physical thrills and the desire to exploit, enjoy, and destroy, and then pass on to someone else.

 CONTINUED IN PART TWO……….

HOW OLD WAS AISHA (RA) WHEN SHE MARRIED PROPHET MUHAMMAD PBUH?

An exotic flower blooms in South Africa……..untended

A review of Hadith and the age of Aisha (RA ) at the time of marriage to RasoolAllah pbuh.

There is no Hadith about the age of Ayesha,r,a.

Lack of knowledge leads to defense of non-issues

In 1986 I wrote an article which showed that the narrative about the age of the wife of the Prophet, pbuh, Ayesha Siddiqa, r.a., which is published in Imam Bukhari’s Sahih, is contradicted by many other narratives in books of hadith.

It was the first article in English on the subject in America and was well liked by people who wanted to contradict the attacks of the Perwaizi sect and answer the abuse by neo-cons like General Boykin and Spencer.

Many people published my article, often with minor changes, but without noting that they had gotten it from me, thus contradicting the first rule of Hadith that you must give your source.

As I have continued my hadith studies, I have found that there is NO hadith from the Prophet, pbuh, giving the age of Ayesha, r.a., when he married her.

Bukhari himself does not say that the narrative in his book about her age is from the Prophet, pbuh. His book has so much prestige that we took it or granted that whatever is in his book must be from the Prophet, pbuh. It is not and he does not say it is.

A hadith of the Prophet, pbuh, is about what he said, did or approved of or is about his qualities.. [1] None of these three aspects relate to the narrative about the age  of  Ayesha, r.a.

Even a hadith which is from the Prophet, pbuh, but is not narrated by a sahabi [Companion of the Prophet, pbuh]  but is from a taba’i, [generation after the Sahaba], is called MURSAL and lacks authenticity and does  not have  HUJJAT [religious acceptability] in Islam.[2]. The only exceptions are Taba’i narrators who had met numerous sahaba. [3]

What is important about Ayesha, r.a. is that the Prophet, pbuh, loved her and died in her arms.[4] She was a scholar, teacher, faqih, leader, orator, fighter and pious beyond all requirements. The verses of the Qur’an which defend her and reveal Islamic laws owing to her actions, show that she was a person of great mental and spiritual maturity.

The issue of her age is meant to trivialize her significance.

We fell into the trap.

The Mother of the Believers needs no  defense.

May Allah forgive our sins and shortcomings.

 BIBLIOGRAPHY

[1]. Ibn Hajar al-Asqalani, d. 852 Hijri, in Tehzeeb al-Tehzeeb, Urdu translation.

[2]. Khateeb Baghdadi, d. 463 Hijri, in al-kifaya if ‘ilm al-riwaya. Urdu translation.

[3]Modern scholars agree. See See Khalil-ur-Rahman Chishti’s Hadith ki ahmiat awr zaroorat, [Urdu], published in 1420 H.

[4] “Dying became easier for me when I was shown Ayesha in paradise. It was as if I could see her hands.” [Prophet Muhammad, pbuh, narrated by Ishaq bin Talha, in Tabqat al-Kubra, biographical collection of Hadith compiled by ibn Sa’ad in 230 Hijri.]

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