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 Dissolution of a Marriage

اذهب الى الأسفل 
كاتب الموضوعرسالة
أحمد محمد لبن Ahmad.M.Lbn
مؤسس ومدير المنتدى
أحمد محمد لبن Ahmad.M.Lbn

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مُساهمةموضوع: Dissolution of a Marriage   Dissolution of a Marriage Empty21/07/17, 07:56 am

Dissolution of a Marriage 9k=
Dissolution of a Marriage (3)
Having said what was just said about marriage, Islam, though, is also a practical religion. It takes into consideration all possible common scenarios. It is possible for a man and woman to enter into a union with good intentions yet their personalities and likes simply do not coincide with one another. There are times in which a good marriage simply cannot be achieved and the spouses enter into a state of misery. Under such circumstances, Islamic law allows for an end to the marriage and their suffering. 

The goal is to either stay together in a friendly manner or to separate in a goodly manner. Thus, for example, Allah says, “And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis” (2:231).

Allah also says, “Then when they are about to fulfill their term appointed [bringing an end to the divorce], either take them back in a good manner or part with them in a good manner” (65:2).

There are basically three ways in which a marriage is dissolved in Islamic Law. The first is talaaq, commonly translated as “divorce.” This is a pronouncement of divorce made by the husband. After this pronouncement, the wife enters into a “waiting period” of approximately three months, during which time they may simply reunite as husband and wife. However, after the third pronouncement of talaaq, reunification during the waiting period is no longer permissible and the two must separate completely. A second form is known as khul’. This is where the wife is not satisfied in the marriage and offers something to the husband to release her from the marriage. For example, she may offer to return the dower in exchange to bringing an end to the marriage.

A third form is where the rights of the wife are not being met by the husband and therefore she turns to a judge to bring an end to the marriage.

Obviously, divorce is not a desired goal or a light matter. In a perfect world, all married couples would be in bliss. However, there are times in which this option is the best for all parties concerned.

(4) A Muslim vis-à-vis His/Her Children
Having a child is both a great blessing and a great responsibility. Allah has said, “Your wealth and your children are only a trial, whereas Allah—with Him is a great reward (Paradise)” (64:15). Allah also says, “O you who believe, guard yourselves and your families from the Hell fire whose fuel is men and stones” (66:6). The meaning of this verse was reiterated by the Prophet Muhammad (peace and blessings of Allah be upon him) when he said, “All of you are shepherds and all of you will be asked about your wards...

The man is responsible for his household and will be asked about his responsibilities. The wife will be asked about the house of her husband and her responsibilities.”

Muslim scholars consider that the rights of children appear long before they are even conceived via the selection of a pious and righteous spouse. This will be the first step in providing a good household and environment for the child.

Beyond that, the most important rights of the child include:
(a) being maintained and provided for in a healthy manner;

(b) being taught the tenets of the religion;
(3) being treated with compassion and mercy;
(4) being just among multiple siblings; and (5) having a good example set for them by their parents.

(5) A Muslim vis-à-vis His/Her Neighbors
Allah says in the Quran, “Worship Allah and join none with Him in worship, and do good to parents, kinsfolk, orphans, the poor, the neighbor who is near of kin, the neighbor who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allah does not like such as are proud and boastful” (4:36).

Furthermore, the Prophet Muhammad (peace and blessings of Allah be upon him) said, “Whoever believes in Allah and the Last Day should speak good things or keep silent. Whoever believes in Allah and the Last Day should be courteous and generous to his neighbor.” The Prophet (peace be upon him) also said, “Gabriel kept advising me concerning the neighbor to the point that I thought he would inherit [from his neighbor].” In another hadith, the Prophet (peace be upon him) said,  “By Allah, he is not a believer. By Allah, he is not a believer. By Allah, he is not a believer.” It was said to him, “Who is that, O Messenger of Allah (peace be upon him)?” He said, “The one from whose affairs his neighbor is not safe.”

One time the Prophet (peace be upon him) was asked about a woman who performed lots of prayers, fasted and gave charity but she used to harm her neighbor by her speech. The Prophet (peace be upon him) said that she is in the Hell-fire. Then the Prophet (peace be upon him) was asked about a woman who did not fast, pray or give in charity much [more than what was obligatory upon her] but she would not harm her neighbors. The Prophet (peace be upon him) said that she is in Paradise.

The Prophet (peace be upon him) also demonstrated specific ways by which one is generous or courteous to his neighbor. The Messenger of Allah (peace be upon him) once said to Abu Dharr, “O Abu Dharr, when you prepare stew, increase its water and deliver it to some of your neighbors.” Being courteous and generous to one’s neighbor includes helping him when they need assistance, visiting them when they are ill and general checking on their welfare. Abu Bakr al-Jazairi wrote,

One should demonstrate goodness towards one’s neighbor by: helping them when they seek help, assisting them if they seek assistance, visiting them when they fall ill, congratulating them if something pleasing occurs to them, giving them condolences upon afflictions, helping them if they are in need, being the first to greet them, being kind in speech to them, being gentle in one’s speech to the neighbor’s children, guiding them to what is best for their religion and worldly life, overlooking their mistakes, not attempting to look into their private matters, not constraining them with one’s building or renovations or along the walkway, and not harming them by letting one’s trash onto their property or in front of their household. All of those actions form part of the goodness that one is ordered to perform in Allah’s command [in the verse to be quoted shortly].

Living in non-Muslim environments, it is very important to recognize that the scholars have concluded that there are three types of neighbors: (a) a neighbor who is also a relative and a Muslim. This type of neighbor has three types of rights over the person (that of being a neighbor, a relative and a brother Muslim). (b) a neighbor who is not a relative but is a Muslim. This neighbor has two types of rights over the person. (c) a neighbor who is neither a relative nor a Muslim. This neighbor only has the right of a neighbor.  Thus, even if a neighbor is a non-Muslim, that person has the right to a special relationship by virtue of being a neighbor.

The Permanent Committee for Scientific Research, Saudi Arabia, was asked about dealing with non-Muslim neighbors (accepting gifts from them and so on) and they stated in response:
Response: One should treat well those who treat him well from among them, even if he be a Christian. If they give you a permissible gift, you should respond in kind. The Prophet (peace be upon him) accepted a gift from the leader of the Romans who was a Christian. He also accepted a gift from a Jew.

Allah says in the Quran,
 “Allah forbids you not to deal justly and kindly with those who fought not against you on account of religion and drove you not from your homes. Verily, Allah loves those who deal with equity. It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, Allah forbids you to befriend them. And whoever befriends them are the wrongdoers” (60:8-9).

Ibn Uthaimeen also stated,
 “There is no harm in meeting the needs of a disbeliever if it does not contain any action which is forbidden as the neighbors have rights upon one another and this might even be a reason for him to accept Islam.”  Ibn Baaz also said, “[The Muslim] must be neighborly toward his non-Muslim neighbor. If your neighbor is good to you, you do not harm him and you may even give him charity if he is poor or give him a gift if he is rich. You may also advise him concerning what is good for him. All of this may lead him to want to learn about Islam and become a Muslim and because neighbors have very great rights.” The spirit of neighborliness is something that has been lost in many cultures in the hustle and bustle of contemporary civilization. It would be excellent if Muslims, new converts or long-time Muslims, could revive this spirit and revive part of the religion of Islam.

(6) A Muslim vis-à-vis Other Muslims
If one were to ask many today as to what the strongest bond there could possibly be among people, most of them would probably answer something like blood relationship, ethnic origin, nationality and so forth.  Actually, the Quran shows that these types of bonds are not that strong if the foundation behind them is weak. In the Quran, Allah gives the examples of Cain and Abel, who were two brothers yet one killed the other, as well as the example of the brethren of Joseph, who cast Joseph into a well.

Those were all blood relatives; however, they put this world above their relationship with others. Such is occurring today throughout the world. The ties between the people are subservient to their desires, goals and wants of this world. Many individuals are quickly and easily willing to sell out their own kith and kin to get ahead in this world or to get something they want in this world.All of this demonstrates one thing: When the ties between people are based on worldly considerations, even if they are originally blood ties, then those ties are given up when the worldly considerations so demand them to be given up. 

Hence, those are not the strongest ties that can be built among people. The strongest ties that can achieved between people are the ties of Islam and true faith. These are the bonds forged between people that are solely the result of their belief in Allah and their love for Allah. This was clearly pointed out by Allah in the Quran when Allah stated, “And He has united their (believers’) hearts. If you had spent all that is in the earth, you could not have united their hearts, but Allah has united them. Certainly, He is All-Mighty, All-Wise” (8:63). Allah also says, “And hold fast, all of you together, to the Rope of Allah, and be not divided among yourselves, and remember Allah’s favor on you, for you were enemies and He joined your hearts together, so that by His grace, you became brethren and you were on a brink of a Pit of Fire, and He saved you from it. Thus Allah makes clear His signs to you, that you may be guided” (3:103). The Quran and the Sunnah show that the bond of faith is the strongest of all bonds. It represents humans from all over the world coming together for one purpose only: to establish the worship of Allah alone. To achieve that goal, Muslims work together and help one another in compassion mercy and love. There are actually numerous texts of the Quran and hadith that demonstrate beyond any doubt that Muslims are to form one universal, international brotherhood and sisterhood. 

For the sake of brevity, only a few examples of those texts will be presented here:
Allah says, “The believers, men and women, are auliyaa (helpers, supporters, friends, protectors) of one another, they enjoin what is good and eradicate what is evil. They offer the prayers and pay the Zakat and obey Allah and His Messenger. Surely, Allah will have His Mercy on them. Surely, Allah is All-Mighty, All-Wise” (9:71). Another verse reads, “The believers are nothing else but brothers” (49:10). Allah also says, “Muhammad is the Messenger of Allah, and those who are with him are severe against disbelievers and merciful among themselves” (48:29). The Prophet (peace and blessings of Allah be upon him) said, “The believer with respect to another believer is like a building, one portion strengthening the other.”  Another hadith states, “The parable of the believers with respect to their love, mercy and compassion for one another is like that of the body: if one of its limbs is hurting, the remainder of the body is afflicted by sleeplessness and fever.” 

But this great brotherhood of Islam is not something theoretical. It is, in fact, well defined. It has certain basic components to it and specific rights and obligations that are spelled out in the Quran and Sunnah. These rights and obligations are due to every Muslim, of every time and place. One of the necessary aspects of this brotherhood is love. That is, it is an obligation upon all Muslims to love their brother Muslims. In fact, they should love them in a manner similar to the way they care for themselves. As the Prophet (peace be upon him) said, “None of you truly believes until he loves for his brother what he loves for himself.”

A second necessary aspect of this brotherhood is mutual support, aid and assistance. When his brother is being oppressed or wronged, he comes to his aid and assistance with his wealth and soul, if possible. This is described, for example, in the following verses: “And what is wrong with you that you fight not in the Cause of Allah, and for those weak, ill-treated and oppressed among men, women and children, whose cry is, ‘Our Lord! Rescue us from this town whose people are oppressors, and raise for us from You one who will protect, and raise for us from You one who will help’” (4:75).

A third essential aspect of this Islamic brotherhood is mercy and tenderness between the believers. This goes beyond a simple love for one another but it means that each brother feels in his heart for what his brother is going through. The Prophet (peace be upon him) described the Muslims in the following fashion, “The similitude of believers in regard to mutual love, affection, fellow-feeling is that of a body; when any limb of it aches, the whole body aches due to fever and sleeplessness.”

A final necessary component of our brotherhood is common acts of courtesy. True brotherhood has to be put into practice; it cannot simply be a statement of the tongue. One amazing and beautiful aspect of Islam is that it does not leave matters at a hypothetical level with each individual attempting to figure out how goals can possibly be achieved.

Thus, for example, the Prophet (peace and blessings of Allah be upon him) has detailed specific acts that one has the right to expect from one’s brother and which one should also perform towards one’s brother. Thus, among those common obligatory acts of courtesy are the six mentioned by the Prophet (peace be upon him): “Six are the rights of a Muslim over another Muslim....

When you meet him, offer him greetings; when he invites you to a feast, accept it; when he seeks your sincere counsel, give it to him; when he sneezes and says, ‘al-hamdulillah,’ say, ‘May Allah show mercy to you’; when he falls ill, visit him; and when he dies, follow his funeral bier.”

Beyond these six well-known practices, Islamic Law guides Muslims to many other practices that help gender love and closeness between the believers, which is an obvious goal of the Law itself. Thus, for example, if a Muslim loves another Muslim for the sake of Allah, he should inform the other individual of that feeling. The Prophet (peace and blessings of Allah be upon him) explained the reason for doing so when he said, “If one of you loves his brother for the sake of Allah, he should inform of that as this will make the bond longer lasting and the love more confirmed.”

The Prophet (peace and blessings of Allah be upon him) also said, “By the One in whose hand is my soul, you will not enter Paradise until you believe. And you do not believe until you love one another. Certainly, let me inform you of that which will establish such for you: spreading peace among yourselves.”  This hadith could mean the spreading of the greetings of peace or doing actual deeds that bring about peace and togetherness.

The Prophet (peace and blessings of Allah be upon him) also noted the importance of giving gifts to one another. He said, “Exchange gifts and you will love one another.” The Prophet (peace and blessings of Allah be upon him) also encouraged Muslims to visit one another. He stated, “Visit one another occasionally and love [between you] will increase.”

In addition to all of these positive acts, when one avoids the forbidden acts, the results will also be positive for interpersonal relationships. In other words, when one avoids backbiting, slandering, lying, cheating, spying and so forth, nothing but good will result from the avoidance of these evil practices that Islam has clearly forbidden. In sum, if Islam is truly applied, a Muslim will be a brother/sister to all the Muslims in the world and would do nothing but good toward them and would expect nothing but good in return from them.

(7) A Muslim vis-à-vis Non-Muslims
Obviously, Muslims and non-Muslims are following very different paths. A Muslim’s life revolves entirely around the proper belief in God. A Muslim’s attitude toward others is likewise determined by the other’s attitude toward God. A Muslim could not possibly feel complete affinity and love toward someone who has turned his back on God, refuses to submit to God or ridicule belief in God. It is simply not natural for there to be complete love between two such people.  However, even given this possible negative feeling in the heart, a Muslim must deal with non-Muslims on the basis of just principles. This applies to all non-Muslims—many non-Muslims are not antagonistic at all toward Muslims while others exhibit clear and unequivocal scorn and hatred toward Muslims.

One of the basic principles of behavior toward non-belligerent, non-Muslims is found in the following verse of the Quran: “Allah forbids you not to deal justly and kindly with those who fought not against you on account of religion and drove you not out from your homes. Verily, Allah loves those who deal with equity” (60:8)

Additionally, a Muslim has very clear responsibilities towards non-Muslims.
First, he must call them to the way of Allah. It is part of a believer’s attempt to bring good to all people and to the world as a whole that he thereby actively calls other people to Islam.  The desire to see others know and worship Allah fills the heart of the true believer.

The Prophet (peace and blessings of Allah be upon him), of course, set the best example. Allah describes in more than one place in the Quran how the Prophet (peace and blessings of Allah be upon him) grieved over the fact that many refused to become believers. Allah says, for example, “Perhaps, you, would kill yourself (O Muhammad) in grief, over their footsteps (for their turning away from you), because they believe not in this narration (the Quran)” (18:6).

In fact, although the Prophet Muhammad (peace and blessings of Allah be upon him) suffered so much harm from the disbelievers of Makkah, when the angel came to him to give him the option of bringing the mountains of Makkah down upon those people, the Prophet refused the offer and said, “I hope that from their descendants there will come a people who will worship Allah alone while not ascribe any partners to Him.” 

Calling to the religion of Allah is truly the path of the Prophet Muhammad (peace and blessings of Allah be upon him) and the path of the believers. Allah says, “Say (O Muhammad): ‘This is my way; I invite unto Allah with sure knowledge, I and whosoever follows me (also must invite others to Allah) with sure knowledge’” (12:108). This is truly the greatest and best good deed that one could do toward his fellow citizen.

A second obligation toward disbelievers is proper and just treatment. This is described by Shaikh ibn Baaz who said, “[the Muslim] may not wrong the other person with respect to his life, wealth or honor, if the non-Muslim is a citizen of the Islamic state or has attained other protection. He must fulfill the other’s rights. He may not wrong him with respect to his wealth by stealing from him, deceiving him or cheating him. He cannot harm him in his body by beating or killing him. His protection from the state guarantees his safety from such things.”

A Muslim can interact with non-Muslims, buying, selling or renting from them, for example.  Even on a social level, there can be interaction, such as coming together for meals and the like. However, such interactions are, by nature, going to be limited. The different views of reality between a Muslim and a non-Muslim easily leads to disagreements. On a religious level, there is definitely going to be a feeling of discontent or disappointment with people of other faiths. 

However, in addition, the differences in a Muslim’s outlook and actions are going to prevent him from truly participating and being close friends with non-Muslims. A Muslim, for example, does not drink alcohol and does not wish to be around people when they are drinking alcohol, not to speak of drugs and other activities. A Muslim must be very restrictive and cautious in his or her interaction with the opposite sex, which creates barriers for social interaction.

Even among members of the same sex, a Muslim does not engage in inappropriate speech about members of the opposite sex, a very common practice in social settings these days. Perhaps one could say that the Muslim’s ultimate goal in his relations with non-Muslims is to bring them to Islam, thereby opening the door for there to be a complete relationship of love and brotherhood between them. Even if the non-Muslim is antagonistic and impolite, the Muslim knows that he should repel his evil with goodness. Allah says, “The good deed and the evil deed cannot be equal. Repel [the evil] with [a deed] that is better. [If you do that] then verily he, between whom and you there was enmity, (will become) as though he was a close friend” (41:34).

In sum, as ibn Baaz wrote,
It is obligatory upon Muslims to deal with disbelievers in an Islamic fashion with proper behavior, as long as they are not fighting the Muslims. One must fulfill one’s trusts to them, must not deceive them, must not betray them or lie to them. If there is a discussion or debate between them, one must argue with them in the best manner and be just with them in the dispute. This is in obedience to Allah’s command, “And argue not with the People of the Scriptures (Jews and Christians) unless it be in a way that is better, except with such of them as do wrong” (29:46). It is sanctioned for the Muslim to invite them to the good, to advise them and to be patient with them at the same time being neighborly and polite with them. This is so because Allah has stated, “Invite to the way of your Lord with wisdom (of the Quran) and fair preaching, and argue with them in a way that is better” (16:125). Allah has also said, “Speak good to people” (2:83).

Finally, a Muslim may even give charity to non-Muslims. The Permanent Committee of Islamic Research (Riyadh, Saudi Arabia) has stated, It is permissible for a Muslim to assist his non-Muslim neighbor by giving him some meat from his sacrificed animal… It is allowed for us to give food to the disbelievers living under the Islamic state and wayfarers from the meat of the sacrificed animal.  It is allowed to give to them on the basis of their poverty, blood relation, being a neighbor or to soften their hearts…

However, one should not give such meet to a harbi (someone who is fighting against the Muslim state) because in their case, the obligation is to suppress and weaken them and not assist or strengthen them with charity.  In fact, that is the ruling with respect to all forms of voluntary charity, based on the generality of the verse in the Quran, “Allah forbids you not to deal justly and kindly with those who fought not against you on account of religion and drove you not out from your homes. Verily, Allah loves those who deal with equity” (60:8). Furthermore, the Prophet (peace be upon him) ordered Asma bint Abu Bakr (may Allah be pleased with her) to help her mother out with money although she was a polytheist.


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Dissolution of a Marriage
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