Skip navigation
Sidebar -

Advanced search options →

Welcome

Welcome to CEMB forum.
Please login or register. Did you miss your activation email?

Donations

Help keep the Forum going!
Click on Kitty to donate:

Kitty is lost

Recent Posts


Qur'anic studies today
April 23, 2024, 06:50 AM

Do humans have needed kno...
April 20, 2024, 12:02 PM

Lights on the way
by akay
April 19, 2024, 04:40 PM

اضواء على الطريق ....... ...
by akay
April 19, 2024, 12:50 PM

Do humans have needed kno...
April 19, 2024, 04:17 AM

What's happened to the fo...
by zeca
April 18, 2024, 06:39 PM

New Britain
April 18, 2024, 05:41 PM

Iran launches drones
April 13, 2024, 09:56 PM

عيد مبارك للجميع! ^_^
by akay
April 12, 2024, 04:01 PM

Eid-Al-Fitr
by akay
April 12, 2024, 12:06 PM

Mock Them and Move on., ...
January 30, 2024, 10:44 AM

Pro Israel or Pro Palesti...
January 29, 2024, 01:53 PM

Theme Changer

 Topic: IS there any ex Muslim here who has knowledge on Fiqh?

 (Read 4413 times)
  • 12 Next page « Previous thread | Next thread »
  • IS there any ex Muslim here who has knowledge on Fiqh?
     OP - April 16, 2015, 06:18 PM

    I wanted to know what was Imam Hanifa, Imam Hanbali and Imam Zahiri's opinion on sex with slave girls. Do they need consent or was no consent needed?
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #1 - April 16, 2015, 06:40 PM

    I don't think they're here at the moment, on Thursdays they usually visit the massage parlour together, but I'll mention it to them. Until then, I would hazard a guess they will give a very foggy answer.

    Ha Ha.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #2 - April 16, 2015, 07:08 PM

    Do you know their profiles on this site? I want to personally message them.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #3 - April 16, 2015, 08:23 PM

    I was joking. What is it you need to know about slaves?

    Ha Ha.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #4 - April 16, 2015, 08:45 PM

    What was the opinion of consent for sex with slaves by Abu Hanifa , Imam Malik and Imam Zahiri? Did you read any of their
    Fiqh?
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #5 - April 16, 2015, 08:51 PM

    I wanted to know what was Imam Hanifa, Imam Hanbali and Imam Zahiri's opinion on sex with slave girls. Do they need consent or was no consent needed?


    https://www.youtube.com/watch?v=eaEGTmzo2w4

    https://www.youtube.com/watch?v=6iGJj7dH_Bg

    https://www.youtube.com/watch?v=dYr8l1hkp0U

    well that is evolution of a Monkey with time within its life time.. That proves biological evolution is still in action with-in a life time a species So I say All the biologists like Richard Dawkns have misconception that to figure out evolutionary biology one has to look in to some 100 of 1000s of years..


    Now after clearing the evolutionary misconception to stupid scientist let me write the   Principles of Fiqh _Jurisprudence and Islamic Rulings_ Transactions _Slavery.

    Quote
    Question:   Ruling on having intercourse with a slave woman when one has a wife
    Could you please clarify for me something that has been troubling me for a while. This concerns the right of a man to have sexual relations with slave girls. Is this so? If it is then is the man allowed to have relations with her as well his wife/wives. Also, is it true that a man can have sexual relations with any number of slave girls and with their own wife/wives also? I have read that Hazrat Ali had 17 slave girls and Hazrat Umar also had many. Surely if a man were allowed this freedom then this could lead to neglecting the wife's needs. Could you also tell clarify wether the wife has got any say in this matter.



    Praise be to Allaah.
     
    Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married.

    A slave woman with whom a man has intercourse is known as a sariyyah (concubine) from the word sirr, which means marriage.

    This is indicated by the Qur’aan and Sunnah, and this was done by the Prophets. Ibraaheem (peace be upon him) took Haajar as a concubine and she bore him Ismaa’eel (may peace be upon them all).

    Our Prophet (peace and blessings of Allaah be upon him) also did that, as did the Sahaabah, the righteous and the scholars. The scholars are unanimously agreed on that and it is not permissible for anyone to regard it as haraam or to forbid it. Whoever regards that as haraam is a sinner who is going against the consensus of the scholars.

    Allaah says (interpretation of the meaning):

    “And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”

    [al-Nisa’ 4:3]

    What is meant by “or (slaves) that your right hands possess” is slave women whom you own.
    And Allaah says (interpretation of the meaning):

    “O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridal‑money given by the husband to his wife at the time of marriage), and those (slaves) whom your right hand possesses — whom Allaah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammaat (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalaat (maternal aunts) who migrated (from Makkah) with you, and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her a privilege for you only, not for the (rest of) the believers. Indeed We know what We have enjoined upon them about their wives and those (slaves) whom their right hands possess, in order that there should be no difficulty on you. And Allaah is Ever Oft‑Forgiving, Most Merciful”

    [al-Ahzaab 33:50]

    “And those who guard their chastity (i.e. private parts from illegal sexual acts).

    Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.

    But whosoever seeks beyond that, then it is those who are trespassers”
    [al-Ma’aarij 70:29-31]

    Al-Tabari said:  

    Allaah says, “And those who guard their chastity” i.e., protect their private parts from doing everything that Allaah has forbidden, but they are not to blame if they do not guard their chastity from their wives or from the female slaves whom their rights hands possess.

    Tafseer al-Tabari, 29/84

    Ibn Katheer said:

    Taking a concubine as well as a wife is permissible according to the law of Ibraaheem (peace be upon him). Ibraaheem did that with Haajar, when he took her as a concubine when he was married to Saarah.

    Tafseer Ibn Katheer, 1/383

    And Ibn Katheer also said:

    The phrase “and those (slaves) whom your right hand possesses — whom Allaah has given to you” [al-Ahzaab 33:50] means, it is permissible for you take concubines from among those whom you seized as war booty. He took possession of Safiyyah and Juwayriyah and he freed them and married them; he took possession of Rayhaanah bint Sham’oon al-Nadariyyah and Maariyah al-Qibtiyyah, the mother of his son Ibraaheem (peace be upon them both), and they were among his concubines, may Allaah be pleased with them both.

    Tafseer Ibn Katheer, 3/500

    The scholars are unanimously agreed that it is permissible.

    Ibn Qudaamah said:

    There is no dispute (among the scholars) that it is permissible to take concubines and to have intercourse with one's slave woman, because Allaah says (interpretation of the meaning):  

    “And those who guard their chastity (i.e. private parts from illegal sexual acts).

    Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”

    [al-Ma’aarij 70:29-30]

    Maariyah al-Qibtiyyah was the umm walad (a slave woman who bore her master a child) of the Prophet (peace and blessings of Allaah be upon him), and she was the mother of Ibraaheem, the son of the Prophet (peace and blessings of Allaah be upon him), of whom he said, “Her son set her free.” Haajar, the mother of Isma’eel (peace be upon him), was the concubine of Ibraaheem the close friend (khaleel) of the Most Merciful (peace be upon him). ‘Umar ibn al-Khattaab (may Allaah be pleased with him) had a number of slave women who bore him children, to each of whom he left four hundred in his will. ‘Ali (may Allaah be pleased with him) had slave women who bore him children, as did many of the Sahaabah. ‘Ali ibn al-Husayn, al-Qaasim ibn Muhammad and Saalim ibn ‘Abd-Allaah were all born from slave mothers

    Al-Mughni, 10/441

    Al-Shaafa’i (may Allaah have mercy on him) said:

    Allaah says (interpretation of the meaning):

    “And those who guard their chastity (i.e. private parts from illegal sexual acts).

    Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.”

    [al-Ma’aarij 70:29-30]

    The Book of Allaah indicates that the sexual relationships that are permitted are only of two types, either marriage or those (women slaves) whom one’s right hand possesses.

    Al-Umm, 5/43.

    The wife has no right to object to her husband owning female slaves or to his having intercourse with them.


    And Allaah knows best. mullah asshole...


    Do not let silence become your legacy.. Question everything   
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
     
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #6 - April 16, 2015, 08:59 PM

    How does a slave girl consent? Think about the actual position of a slave in 7th century Arabia for a moment. There was no independent workplace rights review board for slaves to go and air their grievances against their masters.

    Surely the fact that she is a slave means that she has to do what she's told or get punished by the master?

    Most of these things went on behind closed doors, there is not much actual historical record of the things masters did to slaves. Even today there are stories of maids being sexually abused by their employers in Saudi Arabia.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #7 - April 16, 2015, 09:03 PM

    I don't think they really had much of a concept of "consent" back then, sex was either halal or haram. Halal sex was with wives and slaves, whether they wanted to participate or not was irrelevant.

    If the wife didn't want to have sex with the husband she should not have married him, and if the slave didn't want to she should not have let herself get captured. I think the Quran even says that the angels will curse a women who refuses the sexual advances of her husband. Don't remember the ayat number.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #8 - April 16, 2015, 09:16 PM

    ............I think the Quran even says that the angels will curse a women who refuses the sexual advances of her husband. Don't remember the ayat number..............

    well NO THINKING .. just read Quran and hadith..

    Quote
    Husband-Wife relationship:

    بسم الله الرحمن الرحيم
    رَبِّ اشْرَحْ لِي صَدْرِي ; وَيَسِّرْ لِي أَمْرِي ; وَاحْلُلْ عُقْدَةً مِنْ لِسَانِي ; يَفْقَهُوا قَوْلِي
    وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنفُسِكُمْ أَزْوَاجاً لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً إِنَّ فِي ذَلِكَ لآيَاتٍ لِقَوْمٍ يَتَفَكَّرُونَ
    “And among His Signs is this that He created for you wives (spouses) from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for people who reflect.”
    (Aayah No. 21, Surah Ar-Rūm, Chapter No. 30, Holy Qur’an).

    It is indeed Allah’s mercy upon mankind that He created spouses for human beings and that too from their own kind. Imagine the world with humans living without a spouse. Or imagine if a spouse was not from same kind i.e. suppose a human had a spouse from community of Jinns etc. It would have been very difficult to achieve compatibility. Alhumdolillah, the mercy of The Almighty is vast. He has blessed the mankind with this beautiful relation of husband-wife.

    The relation between husband & wife is unique. Each partner has lots of rights; but the rights do not come without responsibilities. Let us try to understand what are the rights and responsibilities of husband and wife.

    If we talk about the rights of a wife, by default majority (not all though) of these cover the responsibilities of a husband, and the vice versa. So we shall not break-up our discussion into sub-headings of rights or responsibilities of a wife or a husband. Rather, we shall concentrate on the items most crucial in this relationship, as they come along in different stages of a married life, and try to highlight the roles of each partner in all of these.

    1. Husband & Wife are screen for one another.

    هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ
    “They are libas (i.e. body cover, screen, dress) for you and you are the same for them.”
    (Aayah No. 187, Surah Al-Baqarah, Chapter No. 2, Holy Qur’an).

    This is an exceptional relation where the two have no Hijab among them. They are said to be screens or dress for each other. One should remember the strictness of Hijab to be observed by a lady. And some requirements of covering the Satr or Awra are to be observed even in front of the parents, siblings etc. But the only relation in which there is no Hijab is the relationship of husband & wife. And both partners have full liberty to this allowance.

    2. It is obligatory for a husband to give Mahr to his wife.
    وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّ نِحْلَةً فَإِنْ طِبْنَ لَكُمْ عَنْ شَيْءٍ مِنْهُ نَفْساً فَكُلُوهُ هَنِيئاً مَرِيئاً

    “And give to the women their Mahr with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it without fear of any harm.”
    (Aayah No. 4, Surah An-Nisa’, Chapter No. 4, Holy Qur’an).

    Mahr is the bridal money which a husband gives to his wife at the time of marriage. There is no specified rule to fix the amount of Mahr for any marriage. It depends upon financial status of the groom and is generally mutually agreed between the two parties (families of bride and groom).

    It is an obligation on the husband’s part to give this money to his wife. And he is supposed to give it happily, not under compulsion. It is the right of his wife. Remember, it is totally up to the wife that she may waive off her Mahr partly; but she can’t be influenced to do so.

    I wonder how many husbands follow this order from Allah.
    3. Wives should not be treated harshly; it is their right to live honourably.
    يَا أَيُّهَا الَّذِينَ آمَنُوا لا يَحِلُّ لَكُمْ أَنْ تَرِثُوا النِّسَاءَ كَرْهاً وَلا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِنْ كَرِهْتُمُوهُنَّ فَعَسَى أَنْ تَكْرَهُوا شَيْئاً وَيَجْعَلَ اللَّهُ فِيهِ خَيْراً كَثِيراً
    “O you who believe! You are prohibited to inherit women against their will; and you should not treat them with harshness, that you may take away part of the Mahr you have given them, unless they commit open illegal sex; and live with them honourably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good.”
    (Aayah No. 4, Surah An-Nisa’, Chapter No. 4, Holy Qur’an).

    This is a clear order from Allah for husbands to treat their wives with dignity, not to be harsh with them in words, actions etc. Every human has some shortcomings. It is natural for a wife also to have some negatives in her personality. But Allah advises the husbands to look into positives of the wives. Try to ignore her shortcomings and be patient. Let me quote a hadith in this context:

    It was narrated from Umm Salamah (RA) that she brought some food in a dish of hers to Allah’s Messenger (PBUH) & his Companions, then Aishah (RA) came, wrapped up in a garment, with a stone pestle and broke the dish. The Prophet (PBUH) gathered the broken pieces of the dish and said (to his Companions), “Eat; your mother got jealous,” twice. Allah’s Messenger (PBUH) took the dish of Aishah (RA) and sent it to Umm Salamah (RA) and he gave the dish of Umm Salamah (RA) to Aishah (RA).
    (Hadith No. 3408, Book of Kind Treatment of Women, Sunan An-Nasa’i, Vol. 4).

    Imagine how would an average man behave if his wife smacked a dish out of jealousy in front of his guests? But our beloved Prophet (PBUH) observed patience. And he advised same thing to his followers, as can be seen in following hadith:

    It was narrated that Abu Hurairah (RA) said: Allah’s Messenger (PBUH) said, “No believing man should hate a believing woman. If he dislikes one of her characteristics, he may be pleased with another.”
    (Hadith No. 3645 (1467), Book of Breastfeeding, Sahih Muslim, Vol. 4).

    4.
    الرِّجَالُ قَوَّامُونَ عَلَى النِّسَاءِ بِمَا فَضَّلَ اللَّهُ بَعْضَهُمْ عَلَى بَعْضٍ وَبِمَا أَنفَقُوا مِنْ أَمْوَالِهِمْ فَالصَّالِحَاتُ قَانِتَاتٌ حَافِظَاتٌ لِلْغَيْبِ بِمَا حَفِظَ اللَّهُ وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ فَإِنْ أَطَعْنَكُمْ فَلا تَبْغُوا عَلَيْهِنَّ سَبِيلاً إِنَّ اللَّهَ كَانَ عَلِيّاً كَبِيراً
    “Men are the protectors and maintainers of women, because Allah has made one of them to excel the other, and because they spend from their means. Therefore, the righteous women are devoutly obedient, and guard in the husband’s absence what Allah orders them to guard. As to those women on whose part you see ill-conduct, admonish them (first), (then) refuse to share their beds, (and last) beat them; but if they return to obedience, seek not against them means. Surely, Allah is Ever Most High, Most Great.”
    (Aayah No. 34, Surah An-Nisa’, Chapter No. 4, Holy Qur’an).
    This beautiful verse explains many things. But majority of the Muslims (even scholars) have misinterpreted this verse. Let us look upon different messages from this verse, one-by-one.

    4.1. Husband is care-taker (protector and maintainer) of his wife.
    This verse from Holy Qur’an explains beautifully the status of husband and a wife in the relation; the responsibilities and rights of each other. But as I said earlier, this verse is misinterpreted by both genders in their cause. Let me explain the message in the verse. The first part tells us that men are protectors and maintainers of the women i.e. care-takers of the women. Some men take this verse as implying that men have a higher status over women, which is a wrong explanation. Men are physically stronger than women and they earn livelihood for them and their families. Earning bread is not an easy task and a person comes across so many hurdles which he has to overcome in order to earn livelihood. Then he spends it on his wife for all her needs. This is the responsibility of a husband. Along with this, husband has to protect his wife from all worries of outer world, from bad eyes of people and give her a dignified life along with his love. Refer to following hadith:

    It was reported from Hakim bin Mu’awiyah Al-Qushairi, from his father, that he asked, “O Allah’s Messenger (PBUH)! What are the rights that our wives have over us?” He replied, “That you feed her when you eat, and clothe her when you wear clothes, and that you avoid hitting her in face or disgracing her, and that you avoid abandoning her except at home.”
    (Hadith No. 2142, Book of Marriage, Sunan Abu Dawud, Vol. 2).

    This is what is meant by men being care-takers of the women; there is no question of men having a higher status over women. It is just Allah’s decision to make men responsible for this job. So, women should not feel that this verse is against them. Neither should men try to use this verse to emphasize their superiority over women.

    4.2. Women should be obedient to their husbands.
    Then Allah orders women to be obedient to their husbands. For a wife, obedience and/or disobedience to her husband may decide her fate in the Hereafter. If a lady is obedient to her husband and keeps her husband pleased, she enters Paradise. Refer to following hadith:
    Umm Salamah (RA) narrated that Allah’s Messenger (PBUH) said, “Whichever woman dies while her husband is pleased with her, then she enters Paradise.”
    (Hadith No. 1161, Chapters on Suckling, Jami’ At-Tirmidhi, Vol. 2).

    Let me clarify that obeying a husband is obligatory for a wife; but she is not supposed to obey her husband if he orders her to do anything that leads to disobedience of Allah and His Messenger (PBUH). Refer to following hadith:

    Narrated Aishah (RA): An Ansari woman gave her daughter in marriage and the hair of the latter started falling out. The Ansari woman came to the Prophet (PBUH), mentioned that to him and said, “Her husband suggested that I should let her wear false hair.” The Prophet (PBUH) said, “No, for Allah sends His curse upon such ladies who lengthen their hair artificially.”
    (Hadith No. 5205, Book of Nikah, Sahih Bukhari, Vol. 7).
    This tells us that although women are supposed to obey their husbands, but any order or wish of the husband that leads to disobedience of Allah and His Messenger (PBUH) is not to be obeyed by the wives. This is a clear ruling for all to understand.

    Therefore, it should be understood that husbands have no right to stop their wives from meeting her parents, brothers, sisters and other blood relatives. Similarly, if a husband asks his wife to abandon Hijab and wear modern revealing outfits, she is not supposed to obey him at all.

    Now let us see what are the consequences of a woman not obeying her husband and not keeping him happy?
     have been recited; then he performed a prolonged bowing, then he raised his head and stood for a long time which was slightly less than that of the first Qiyam. Then he performed a prolonged bowing again, but the period was shorter than the period of the first bowing, then he stood up and then prostrated. Again he stood up, but this time the period of standing was less than the first standing. Then he performed a prolonged bowing but of a lesser duration than the first, then he stood up again for a long time but for a lesser duration than the first. Then he performed a prolonged bowing but of lesser duration than the first, and then he stood up again, and then prostrated and then finished his Salat. By then the sun eclipse had cleared. The Prophet (PBUH) then said, “The sun and the moon are two signs among the signs of Allah, and they do not eclipse because of death or birth of someone, so when you observe eclipse, remember Allah.” They (the people) said, “O Allah’s Messenger (PBUH)! We saw you stretching your hand to take something at this place of yours, then we saw you stepping backward.” He said, “I saw Paradise, and I stretched my hand to pluck a bunch (of grapes), and had I plucked it, you would have eaten of it as long as this world exists. Then I saw Hell (Fire), and I have never seen such a horrible sight as that before, and I saw that the majority of its dwellers were women.” The people asked, “O Allah’s Messenger (PBUH)! What is the reason for that?” He replies, “Because of their disbelief.” It was said, “Do they disbelieve in Allah (are they ungrateful to Allah)?” He replied, “They are ungrateful to their husbands and ungrateful to Al-Ihsan (good favours done to them). Even if you do good to one of them all your life, when she sees something (not of her liking) from you, she will say: I have never seen any good from you.”
    (Hadith No. 5197, Book of Nikah, Sahih Bukhari, Vol. 7).

    Thus, a wife disobedient and ungrateful to her husband does nothing but prepares bad for herself in the Hereafter.

    4.3. Wife as a guardian
    Let us go back to Aayah No. 34, Surah An-Nisa’, where Allah mentions that woman is a guardian in her husband’s absence. The husband goes out to earn livelihood. The wife stays at home. It is her duty, in absence of her husband, to be a guardian. But what is she supposed to guard?

    Narrated Ibn Umar (RA): The Prophet (PBUH) said, “All of you are guardians and are responsible for your words. The ruler is a guardian and the man is a guardian of his family; the lady is a guardian and is responsible for her husband’s house and his off-spring; and so all of you are guardians and are responsible for your words.”
    (Hadith No. 5200, Book of Nikah, Sahih Bukhari, Vol. 7).

    This makes it clear that it the responsibility of a wife to take care of her husband’s house, their children and her husband’s wealth, when he is away from the home. She is not supposed to allow anyone enter his home (in his absence as well as presence) whom he disapproves of. Apart from this, she has to guard her chastity in absence of her husband. If the parents of her husband are alive and live with them, it is her responsibility to take care of them.

    Please remember, taking care of husband’s home and up-bringing of the children (i.e. the role of a lady as a wife and as a mother) is the biggest responsibility of a woman. Children spend more of their time at home with their mothers. Fathers are away from home due to their works. Therefore, the kids grow learning basic values of life and Islam from their mothers. Kids look up to their mother for getting their food, their clothing and other day-to-day works done. This takes a lot of effort for a woman. But this is what Allah wants her to do, for her success in the Hereafter depends on all this. Let me quote an example of the daughter of the Prophet (PBUH); refer to following hadith:

    Narrated Ali (RA): Fatima (RA) went to the Prophet (PBUH) complaining about her sufferings and hurts from the stone mill on her hands. She heard that the prophet (PBUH) had received few slave girls. But she did not find him, so she mentioned her problem to Aishah (RA). When the Prophet (PBUH) came, Aishah (RA) informed him about that. Ali (RA) added: So the Prophet (PBUH) came to us when we had gone to bed. We wanted to get up but he said, “Stay where you are.” Then he came and sat between me and her, and I felt the coldness of his feet on my abdomen. He said, “Shall O direct you to something better than what you have requested? When you go to bed, say ‘Subhan Allah‘ thirty-three times, ‘Alhumdolillah‘ thirty-three times, and ‘Allah-o-Akbar‘ thirty-four times, for that is better for you than a servant.”

    (Hadith No. 5361, Book of Provision, Sahih Bukhari, Vol. 7).

    Just give a thought to this narration. The Prophet (PBUH) could have given the servant to his daughter who had to do a lot of hard work in her husband’s house. But see what his suggestion was instead?

    Our Muslim sisters should take inspiration from Fatima (RA). Take her as a role model and stop worrying about the hard work you have to do at your homes. Allah shall reward you for that in the Hereafter.

    4.4. Husband can discipline his wife.
    This is another important part of the verse (Aayah No. 34, Surah An-Nisa’) which has been misinterpreted widely. Muslim men take the ruling of this verse as an excuse for physically assaulting their wives. Their ignorance and support from some incompetent scholars lead to raised eyebrows and Islam being wrongly portrayed as a religion that promotes male chauvinism. Let us try to understand this ruling in a correct manner.
    It is mentioned that if the conduct of wife is bad i.e. she is doing acts which are affecting the peace of the family, trying to revolt against the husband unnecessarily, not respecting her parents-in-law, not obeying her husband’s genuine wishes etc., the husband is supposed to try talk to her and persuade her to make the things amicable. This is the first thing that he is supposed to do. But if this step fails to convince his wife and she keeps doing her ill-conduct, he should stop sharing bed with her i.e. stop making physical relations with her, as a means of expressing his annoyance and admonishing her. If this is able to solve the problem, then it is fine; but if still the lady does not comes to peace, then Allah has given the right to the husband to beat her i.e. physically hit her, to settle the problems and bring the lady to discipline.

    Now a word apiece to both genders:
    Why do women feel bad by this ruling? Are they of the opinion that they be allowed to do whatever they want to do, irrespective of how bad effects their conduct might have on the families? And men should understand that hitting their wives is the last option. There are two other steps to be observed before resorting to hitting your wife. It is not correct as per Islam to jump on to the third option straightaway and use this verse of Qur’an to your excuse. Plus, men should remember that if at all the third and last resort is to be used, then three conditions are to be observed:
    a. Do not hit her on face.
    b. Do not disgrace and abandon her in public.
    c. Hit her lightly; you can’t flog her like flogging a slave.
    The first two rulings are covered by the hadith mentioned in Section 4.1. The third ruling is covered by following hadith:

    Narrated Abdullah bin Zam’a: The Prophet (PBUH) said, “None of you should flog his wife as he flogs a slave and then have sexual intercourse with her in the last part of the day.”
    (Hadith No. 5204, Book of Nikah, Sahih Bukhari, Vol. 7).


    Clearly, it is only light beating that is allowed, that too as a last resort, if someone feels that can be helpful. But the moment a lady realizes her mistake and agrees to reconcile and make the things peaceful, the husband has no right to beat her anymore.

    I request all husbands to understand this ruling of Islam and not to misuse it.
    5. Right of physical intimacy
    5.1. Husband’s right

    Talq bin Ali narrated that Allah’s Messenger (PBUH) said, “When a man calls his wife to fulfill his need, then let her come even if she is at the oven.”

    (Hadith No. 1160, Chapters on Suckling, Jami’ At-Tirmidhi, Vol. 2).
    When the husband calls, it is the duty of the wife to satisfy her husband. If she refuses, the consequences are as mentioned below:

    Abu Hurairah (RA) narrated that the Prophet (PBUH) said, “If a man calls his wife to bed and she refuses, and he spends the night angry at her, the angels curse her until the next morning.”
    (Hadith No. 5193, Book of Nikah, Sahih Bukhari, Vol. 7; Hadith No. 2141, Book of Marriage, Sunan Abu Dawud, Vol. 2).

    In another similar narration reported by Muslim, it is mentioned that the angels curse such a woman and are not pleased till the husband of that woman is pleased with her. However, if the wife has a genuine reason for refusing (like being sick, going through her menstrual cycles etc.), there is no sin on her.

    5.2. Wife’s right
    Such a right is not only reserved for a husband. A wife also is a human being and she also has desires. Unlike a husband, she might feel shy of putting her desires in front of her husband, but Islam makes the husband take care of this. It is the right of a wife that her husband provides her physical satisfaction. Refer to following hadith:

    Narrated Abdullah bin Amr bin Al-As (RA): Allah’s Messenger (PBUH) said, “O Abdullah! Have I not been informed that you fast all the day and stand in Salat all night?” I said, “Yes, O Allah’s Messenger (PBUH)!” He said, “Do not do that. Observe the Saum sometimes and also leave them at other times; stand up for Salat at night and also sleep at night. Your body has a right over you, your eyes have a right over you and your wife has a right over you.”

    (Hadith No. 5199, Book of Nikah, Sahih Bukhari, Vol. 7).
    5.3. Husband’s responsibility of not disclosing secrets of his wife
    Abu Sa’eed Al-Khudri (RA) said: Allah’s Messenger (PBUH) said, “One of the most evil people before Allah on the Day of Resurrection will be a man who is intimate with his wife and she is intimate with him, then he publicizes her secrets.”
    (Hadith No. 3542 (1437), Book of Marriage, Sahih Muslim, Vol. 4).
    It is shameful on part of a husband to discuss about the intimate moments of her wife with him in front of others. This damages the modesty of the lady, and Islam takes the issue of modesty (especially of women) very seriously. Allah considers such a man to be one of the most evil of the men.
    5.4. Wife should not observe Saum (nawafil) without her husband’s permission.
    Narrated Abu Hurairah (RA): Allah’s Messenger (PBUH) said, “It is not lawful for a lady to observe Saum (nawafil) without permission of her husband when he is at home, and she should not allow anyone to enter his house without his consent; and whatever she spends of his wealth without being ordered by him, he will get half of the reward.”
    (Hadith No. 5195, Book of Nikah, Sahih Bukhari, Vol. 7).
    The reason is that if the husband is at home, then he might feel the urge for physical intimacy. Then if the wife is observing Saum, his requirement will remain unfulfilled. One should not be surprized to learn that husband’s right has been put above nawafil Ibadah. This is the beauty of Islam, for the one who tries to understand it.
    This hadith also gives us the clarification about the matter discussed in Section 4.3.
    6. Treatment with in-laws
    Treatment of in-laws plays very important part in keeping the relations between husband and wife sweet or sour.
    It is responsibility of a husband that he gives proper respect to all relatives of his wife. He should understand what feelings his wife has for her relatives and should ensure that her feelings are not hurt. Special care should be taken regarding parents and siblings of the wife. Sadly, some Muslim husbands tend to behave with her relatives in a rude manner, and stop their wives from meeting their parents and other relatives. Islam does not allow this. This is bound to hurt her feelings and have a bad effect on their marital relation.
    Responsibility of a wife is even more. She lives with the in-laws and has to tread a more dangerous path; a path that could make or break her life, depending upon how she handles her course. It is very important that the wife shows utmost respect to parents of her husband and take proper care of them. Unfortunately, a woman makes this as the biggest threat to her peaceful married life. Majority of the marital disaccords occur due to strained relations between the wife and her parents-in-law (especially mother-in-law). Wife has to understand that if she does not behave properly with her parents-in-law, that wouldn’t please her husband. Even if her parents-in-law are not right in their treatment with her, she should adopt the course of patience.
    Similarly, she should treat relatives of her husband with proper respect and dignity. But there is a word of caution here: Relatives of husband include his male brothers and cousins too. It is important that the wife treats them well, but Islam asks her to maintain a distance with them. It is not allowed for her to intermingle with them closely. Following hadith says it all:
    Uqbah bin Amir narrated that Allah’s Messenger (PBUH) said, “Beware of entering upon women.” So a man from the Ansar said, “O Allah’s Messenger (PBUH)! What do you think about the Hamu?” So he said, “The Hamu is death.”
    (Hadith No. 1171, Chapters on Suckling, Jami’ At-Tirmidhi, Vol. 2).
    Hamu stands for those relatives of the husband who are not Mahram i.e. the brothers, cousins etc. It is disliked for the woman to be alone with them or too close to them. The reason for this is obvious and need not be explained.
    7. Right of a wife to get education
    In present times, by the time they marry, most of the women have completed their education. However, if a woman has not completed her education by the time of her marriage, she has full right to complete her education, as it is obligatory on every Muslim to be educated. And the husband must take it as his responsibility to ensure that his wife completes her education. She even has the right to get educated more. But the wife should be honest in her pursuit of education. She should go for really useful education (some recommended educational courses for women shall be evident in next section), because she already has some big responsibilities on her shoulders as a wife which might be affected. Therefore, it is her duty to maintain a balance between her studies and her responsibilities as a wife towards her husband, home and kids.
    8. Right of a wife to pursue professional career
    From Islamic point of view, there is no harm if a married woman works. She is allowed to pursue professional careers, earn money and grow in their careers on equal terms with males. Example can be taken of Syeda Khadija (RA); she was a successful businesswoman.
    In fact Islam recommends women to pursue certain careers. For example: it is responsibility of our society to produce female doctors specialized in gynaecology and radiology. Islamic principles ask for treatment of women patients for gynaecological problems exclusively by female doctors. Similarly, Muslim society should have specialized female doctors to carry out tests like Ultrasound etc. for female patients.
    In order that women pursue these careers, they need to study these courses. Here comes need of another career for Muslim females, that of a teacher, who can teach these courses to female students.
    Therefore, it is need of the hour that females come forward and take on meaningful career roles. There is also no harm if a wife intends to pursue any of her creative hobbies (like craft, arts etc.). Such works can be done from home itself.
    Husbands should be understanding and supportive in such cases.
    However, there are certain conditions which should be met if a woman has to pursue a profession. These are as follows:
    The professional career of a wife should not affect her marital life. If it is against the wish of her husband (reason could be any), such a career should not be pursued.
    The professional career of a wife should not lead her to ignore her duties towards her home and kids. If her career means leaving the kids unattended at home, at the mercy of maids, then such a career has to be abandoned.
    The career she opts for should be a meaningful one. I have already mentioned few such careers above. Tell me what is the point in a lady working as a bank executive, or on any other similar post? This point hurts me a lot when I connect it to times of recession like nowadays. Several women can be seen working in places just for the sake of pursuing their careers (they might not be requiring money as the financial needs of their families might have been taken care of by their husbands already), whereas on the other hand, several men have lost their jobs and finding it difficult to earn bread for their families. Imagine, if these ladies had not been working, it would have created extra vacancies that could have helped many men earn livelihood for their families.
    Working ladies should ensure that they observe all do(s) and don’t(s) for women in Islam, like Hijab etc.
    Even if a woman pursues her profession, the primary responsibility of providing the family with food, clothes etc. remains with the husband. In case the woman is forced to work out of necessity (if her husband is dead or she has no one else to earn livelihood for her family), then she bears the responsibility of providing her family the daily necessities, and in such a case, she can even go for any honourable profession (be it a clerical job or sales etc.).
    9. Men have the right to keep more than one wife; wife doesn’t have the right to do so.
    وَإِنْ خِفْتُمْ أَلاَّ تُقْسِطُوا فِي الْيَتَامَى فَانكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلاَّ تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلاَّ تَعُولُوا
    “And if you fear that you shall not be able to deal justly with the orphan girls, then marry women of your choice, two or three or four, but if you fear that you shall not be able to deal justly (with them), then only one or that your right hands possess. That is nearer to prevent you from doing injustice.”
    (Aayah No. 3, Surah An-Nisa’, Chapter No. 4, Holy Qur’an).
    Thus, it is allowed for men to have four wives at a time. But the condition is that one has to deal with all his wives with equality in all respects, otherwise he should not marry more than one.
    But a woman is not allowed to have more than one husband at a time. We have discussed about this subject already in a separate place (refer to the article regarding ‘Polygamy’).
    One point I wish to clarify in this matter. Women are of the opinion that their husband has to seek their permission for marrying another lady. This is a wrong concept. There is no requirement for a man to take permission from his existing wife in case he wishes to marry someone else. However, it is recommended that he consults with the existing wife (or wives). But if he does not consult, there is no sin on him. Therefore, women should remember that they cannot stop their husbands from a thing for which Allah has given them the permission. On the other hand, using this permission for wrong intentions shall be sinful on husband’s part and Allah will punish him accordingly.
    10. Divorce
    Divorce is one legitimate thing which Allah dislikes most. There is a complete separate chapter in Qur’an about the details of divorce (Surah At-Talaq, Chapter No. 65). The details related to divorce are too big to be covered fully here. So, we shall restrict our talk to major points only.
    First thing to remember is that a husband can divorce his wife, but it cannot be the other way around (i.e. a wife cannot divorce her husband).
    But does that mean a wife has to keep bearing the ill-effects of her strained relation with her husband? No; a woman can ask for Al-Khul.
    10.1. Al-Khul
    Al-Khul means parting of wife from her husband by giving him certain compensation. Refer to following verse:
    فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ
    “Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back for her Al-Khul;”
    (Aayah No. 229, Surah Al-Baqarah, Chapter No. 2, Holy Qur’an).
    But she should not use this unless there is a genuine reason, because it is told to us by the Prophet (PBUH) that Paradise is prohibited for such a woman:
    It was narrated from Thawban (RA) that Allah’s Messenger (PBUH) said, “Any woman who asks her husband for a divorce when it is not absolutely necessary, the fragrance of Paradise will be forbidden to her.”
    (Hadith No. 2055, Chapters on Divorce, Sunan Ibn Majah, Vol. 3).
    10.2. Al-Ila
    Al-Ila refers to an oath taken by a husband that he would not approach his wife for a certain period. This is referred to in following verse of Holy Qur’an:
    لِلَّذِينَ يُؤْلُونَ مِنْ نِسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَحِيمٌ
    “Those who take oath not to have sexual relation with their wives for four months, then if they return (change their idea in this period), verily, Allah is Oft-Forgiving, Most Merciful.”
    (Aayah No. 226, Surah Al-Baqarah, Chapter No. 2, Holy Qur’an).
    This is something which husbands and wives should be careful about. If a husband announces Al-Ila, then he has to complete the period he has announced. But there is something which requires caution related to this. Refer to following hadith:
    Narrated Nafi: Ibn Umar (RA) used to say about Al-Ila which Allah defined, “If the period of Ila expires, then the husband has either to retain his wife in a handsome manner or to divorce her as Allah has ordered.” Ibn Umar (RA) added, “When the period of four months has expired, the husband should be put in prison so that he should divorce his wife, but the divorce does not occur unless the husband himself declares it. This has been mentioned by Uthman (RA), Ali (RA), Abu Ad-Darda (RA), Aishah (RA) and twelve other Companions of the Prophet (PBUH).”
    (Hadith No. 5290, Book of Divorce, Sahih Bukhari, Vol. 7).
    This tells us that the maximum period for a safe Al-Ila is four months. If someone announces Al-Ila for a period less than four months, he can take back his wife. But if the period of Al-Ila exceeds four months, then it becomes obligatory on the husband to divorce his wife after completion of the period of Al-Ila.
    11. Women have the right to complain.
    Some people are of the opinion that a wife has to obey her husband silently, even if he treats her in a wrong manner; she is not supposed to complain about her husband, as he is her appointed Imam. This is yet another wrong concept. We have already talked that a wife is not supposed to obey her husband if he asks her to do anything against the will of Allah and His Messenger (PBUH). Now if such a situation leads to clash, then what shall the lady do? Should she keep quiet? No; Islam has given her the right to complain about her husband. Refer to following:
    It was narrated from Aishah (RA) that she said: “Praise be to Allah Whose hearing encompasses all voices. Khawlah came to Allah’s Messenger (PBUH) complaining about her husband, but I could not hear what she said. Then Allah, the Mighty & Sublime, revealed:
    قَدْ سَمِعَ اللَّهُ قَوْلَ الَّتِي تُجَادِلُكَ فِي زَوْجِهَا وَتَشْتَكِي إِلَى اللَّهِ وَاللَّهُ يَسْمَعُ تَحَاوُرَكُمَا إِنَّ اللَّهَ سَمِيعٌ بَصِيرٌ
    “Indeed Allah has heard the statement of her that disputes with you concerning her husband, and complains to Allah. And Allah hears the argument between you both. Verily, Allah is All-Hearer, All-Seer.” – Aayah No. 1, Surah Al-Mujadilah, Chapter No. 58, Holy Qur’an.
    (Hadith No. 3490, Book of Divorce, Sunan An-Nasa’i, Vol. 4).
    This is regarding Khawlah bint Tha’labah who came to Allah’s Messenger (PBUH) complaining about her husband, and said, “O Allah’s Messenger (PBUH)! He spent my wealth, exhausted my youth and my womb bore abundantly for him. When I became old, unable to bear children, he pronounced Zihar on me. O Allah! I complain to you.” Zihar means saying of a husband to his wife that ‘you are unlawful to me for co-habitation just like my mother’. On this Surah Al-Mujadilah was revealed.
    Therefore, a woman has a right of raising her voice and complaining about her husband, in case he does not deal with her justly.
    12. Husband and Wife have a share of inheritance from wealth of each other after the death of their spouse.
    وَلَكُمْ نِصْفُ مَا تَرَكَ أَزْوَاجُكُمْ إِنْ لَمْ يَكُنْ لَهُنَّ وَلَدٌ فَإِنْ كَانَ لَهُنَّ وَلَدٌ فَلَكُمْ الرُّبُعُ مِمَّا تَرَكْنَ مِنْ بَعْدِ وَصِيَّةٍ يُوصِينَ بِهَا أَوْ دَيْنٍ وَلَهُنَّ الرُّبُعُ مِمَّا تَرَكْتُمْ إِنْ لَمْ يَكُنْ لَكُمْ وَلَدٌ فَإِنْ كَانَ لَكُمْ وَلَدٌ فَلَهُنَّ الثُّمُنُ مِمَّا تَرَكْتُمْ مِنْ بَعْدِ وَصِيَّةٍ تُوصُونَ بِهَا أَوْ دَيْنٍ
    “In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their share (wives’) is a fourth, if you have no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts.”
    (Aayah No. 12, Surah An-Nisa’, Chapter No. 4, Holy Qur’an).
    Husband and wife have a share from each other’s wealth if either of them dies; and the percentage is determined according to this glorious verse of Holy Qur’an.
    13. Iddah
    Iddah, the waiting period, is an obligation upon the wife. She has to observe Iddah in two cases: if she is divorced or when her husband dies. The period of Iddah is different for different cases.
    وَاللاَّئِي يَئِسْنَ مِنْ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنْ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاثَةُ أَشْهُرٍ وَاللاَّئِي لَمْ يَحِضْنَ وَأُوْلاتُ الأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْراً
    “And those of your women as have passed the age of monthly courses, for them the Iddah, if you have doubt (about their periods) is three months; and for those who have no courses, their Iddah is three months likewise, except in case of death. And for those who are pregnant (divorced or widowed), their Iddah is until they lay down their burden; and whosoever fears Allah and keeps his duty to Him, He will make his matter easy for him.”
    (Aayah No. 4, Surah At-Talaq, Chapter No. 65, Holy Qur’an).
    And in Surah Al-Baqarah, Allah says:
    وَالَّذِينَ يُتَوَفَّوْنَ مِنْكُمْ وَيَذَرُونَ أَزْوَاجاً يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْراً فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلا جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِي أَنفُسِهِنَّ بِالْمَعْرُوفِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
    “And those of you who die and leave wives behind them, they (the wives) shall wait for four months & ten days, then when they have fulfilled their term, there is no sin on you if they dispose of themselves in a just and honourable manner. And Allah is Well-Acquainted with what you do.”
    (Aayah No. 234, Surah Al-Baqarah, Chapter No. 02, Holy Qur’an).
    This can be summarized as follows:
    A widow has to observe an Iddah period of four months and ten days.
    Iddah period for women who are divorced is three months.
    If the lady is pregnant, then the delivery of her child ends her Iddah period (whether she is a divorced lady or a widow).
    There is no such obligation for a Muslim husband, for obvious reasons.
    Concluding Remarks
    I have tried to talk about most of the issues which one can come across in husband-wife relation, and that has made the discussion a bit lengthy too. But it is necessary that all of us know what the Islamic rulings about the relation between husband and a wife are.
    Husbands should adopt a soft attitude towards their wives. It is their duty to take care of them, provide them with shelter, food, clothing and take care of all their daily requirements. They should treat them well, love them and be friendly with them. Following hadith should be kept in mind:
    Abu Hurairah (RA) narrated that Allah’s Messenger (PBUH) said, “The most complete of the believers in faith is the one with the best character among them. And the best of you are those who are best to your women.”
    (Hadith No. 1162, Chapters on Suckling, Jami’ At-Tirmidhi, Vol. 2).
    Women should understand that their fate in the Hereafter depends how they treat their husbands. It can lead them to Paradise or to Hell. Obedience to their husbands, keeping their husbands pleased and respecting them are the most important of the duties of a righteous wife. The amount of respect that a husband deserves can be understood very well by following hadith:
    Qais bin Sa’d said: I visited Al-Hirah, and saw that its inhabitants would prostrate to their nobles. I said (to myself), ‘Allah’s Messenger (PBUH) has more right that (people) prostrate to him.’ So I returned to the prophet (PBUH) & said, ‘I visited Al-Hirah, and saw that its inhabitants would prostrate to their nobles. And you, O Allah’s Messenger (PBUH), have more right that we prostrate to you.’ He replied, “I ask you, if you passed by my grave, would you prostrate to it?” I replied, “No.” He replied, “Then don’t do so! Were I to command any person to prostrate to another, I would have commanded the women to prostrate to their husbands, due to the rights that Allah has given them over their wives.”
    (Hadith No. 2140, Book of Marriage, Sunan Abu Dawud, Vol. 2).
    May Allah grant wisdom, patience and temperament to all husbands and wives to honour this beautiful relationship.
    And Allah knows best.

     
    hail hitler.. allah knows the best.. let us run in circles..


    Do not let silence become your legacy.. Question everything   
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
     
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #9 - April 16, 2015, 11:15 PM

    Islam around the world is based on the interpretations of the major Madhabs and their Fiqhs. Sexual intercourse isnt necessarily rape is what Muslims are arguing. And Imam Malik and Imam Shafi the founders of two of the great Madhabs said you cannot rape a slave. But I have a feeling Imam Hanifa and Imam Hanbali begged to differed. So I need to know their opinion. You cannot make an Islamic ruling out of the hadiths or quran without referring to Fiqh which is established through the madhabs. IF you want to win the ideological war against Muslims, you have to be accurate in what you want to prove. 
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #10 - April 17, 2015, 12:04 AM

    No, you cannot rape a slave. Slaves do not even have the right to be free, much less a right to refuse. It is impossible to violate the rights of a person who has not rights at all.
    Free will is the first key to consent. If you haven't a free will, you cannot give consent or denial, either. You are not coming from a place of free choice.
    That is why you cannot rape a slave.

    Don't let Hitler have the street.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #11 - April 17, 2015, 12:11 AM

    Islam around the world is based on the interpretations of the major Madhabs and their Fiqhs. Sexual intercourse isnt necessarily rape is what Muslims are arguing. And Imam Malik and Imam Shafi the founders of two of the great Madhabs said you cannot rape a slave. But I have a feeling Imam Hanifa and Imam Hanbali begged to differed. So I need to know their opinion. You cannot make an Islamic ruling out of the hadiths or quran without referring to Fiqh which is established through the madhabs. IF you want to win the ideological war against Muslims, you have to be accurate in what you want to prove. 


    If you are only able to give consent under the terms of marriage, and if you are required to accept the advances of your husband, or suffer eternal consequences, does that sound like a place where you could refuse?
    Is that not rape? Did the woman pick her partner? Did she consent, without threat of Divine consequences, or has she heard that hadith about being cursed? You cannot determine that without a case by case basis. So you have to start with her rights. Does she have the right to refuse a marriage, or does her father have the right to force her? Does she have the right to have relations outside of marriage? Does she have the right to refuse within the marriage? Does she have the right of divorce? Is there such a thing as marital rape in fiqh?
    You cannot appeal on the basis of human rights by referring to a system that denies them.
    The current fiqh makes it damn hard to give rights. You can twist Islam however you like, there is always a counter argument. Better to appeal emotionally, or factually, or from a position of justice. You bring the Divine into it, and you no longer have logic.

    Don't let Hitler have the street.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #12 - April 17, 2015, 12:14 AM

    I don't think they're here at the moment, on Thursdays they usually visit the massage parlour together, but I'll mention it to them. Until then, I would hazard a guess they will give a very foggy answer.

    Do you know their profiles on this site? I want to personally message them.


     Cheesy

    Tony and three have hit the nail on the head.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #13 - April 17, 2015, 03:05 AM

    Islam around the world is based on the interpretations of the major Madhabs and their Fiqhs. Sexual intercourse isnt necessarily rape is what Muslims are arguing.

    It isn't considered rape if they don't want to because there's no consent issue. They are property. Their unwillingness matters as much as a chair you own being unwilling for you to sit on it. It doesn't matter.

    Malik’s Muwatta, Book 29, Number 29.32.100:
    Yahya related to me from Malik from Humayd ibn Qays al-Makki that a man called Dhafif said that Ibn Abbas was asked about coitus interruptus. He called a slave-girl of his and said, "Tell them." She was embarrassed. He said, "It is alright, and I do it myself." Malik said, "A man does not practise coitus interruptus with a free woman unless she gives her permission. There is no harm in practising coitus interruptus with a slave-girl without her permission. Someone who has someone else's slave-girl as a wife, does not practise coitus interruptus with her unless her people give him permission."

    Sahih Muslim, Book 8, Number 3371 (3371-3388):
    “Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him): O Abu Sa'id, did you hear Allah's Messenger (may peace be upon him) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (may peace be upon him) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) we also desired ransom for them. So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Messenger (may peace be upon him), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.”

    Sahih Muslim, Book 8, Number 3432 (also 3433, 3434): “Abu Sa'id al-Khudri (Allah be pleased with him) reported that at the Battle of Hanain Allah's Messenger (may peace be upon him) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace be upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that: "And women already married, except those whom your right hands possess (iv. 24)" (i. e. they were lawful for them when their 'Idda period came to an end).”

    No consent needed.

    `But I don't want to go among mad people,' Alice remarked.
     `Oh, you can't help that,' said the Cat: `we're all mad here. I'm mad.  You're mad.'
     `How do you know I'm mad?' said Alice.
     `You must be,' said the Cat, `or you wouldn't have come here.'
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #14 - April 17, 2015, 12:35 PM

    And Imam Malik and Imam Shafi the founders of two of the great Madhabs said you cannot rape a slave. But I have a feeling Imam Hanifa and Imam Hanbali begged to differed.


    I am very skeptical that any of these ancient scholars ever said anything about slaves consenting. Ask these people who are saying that Malik and Shafi said this to provide evidence.

    I am struggling to understand how a slave would refuse the sexual advances of a master. Let's try to imagine the most likely scenario: the slave girl is serving the master his dinner when the master makes a sexual advance and the slave pushes him off. What would happen next?

    Did Malik and Shafi recommend the establishment of an independent tribunal to hear the claims of sexually abused slaves and transfer them to new owners or else free them and grant them a piece of land to live on so as to protect them from further sexual advances?
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #15 - April 17, 2015, 12:50 PM

    The hadiths are full of references to men having sex with their slave girls, so we do know that men were commonly making sexual advances on their slaves. But there isn't a single incident from the hadith of a slave girl succesfully refusing these sexual advances, why would that be?
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #16 - April 17, 2015, 01:12 PM

    The hadiths are full of references to men having sex with their slave girls, so we do know that men were commonly making sexual advances on their slaves. But there isn't a single incident from the hadith of a slave girl succesfully refusing these sexual advances, why would that be?


    The closest you get (and I have seen Muslims try and use this to say that includes rape) is a hadith that says you can't force them into prostitution
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #17 - April 17, 2015, 01:37 PM

    That in itself is pretty commendable when you think of the times in which it was written. But it still does not prohibit a master from raping his own slaves, just he cannot also make money from letting his friends rape her too.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #18 - April 17, 2015, 01:38 PM

    The hadiths are full of references to men having sex with their slave girls, so we do know that men were commonly making sexual advances on their slaves. But there isn't a single incident from the hadith of a slave girl succesfully refusing these sexual advances, why would that be?


    There is a hadith about one of the women Muhammad “married,” I forget the poor girl’s name now, who, when Muhammad began making advances towards her told him, “I seek refuge in Allah from you.” Muhammad then said something like, “You’ve sought refuge in one who is worthy,” and backed away from her, then divorced her.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #19 - April 17, 2015, 01:38 PM

    well NO THINKING .. just read Quran and hadith..


    I do apologize, what I said was from the hadith, not the Quran. Thanks for correcting that Yeez.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #20 - April 17, 2015, 01:54 PM

    I do apologize, what I said was from the hadith, not the Quran. Thanks for correcting that Yeez.

    No..no you don't need to apologize to any one Tonyt...

    What I was trying to say is if  Some one is a BELIEVER OF SOME 1000 year old religions and their scriptures., they should NOT think.. they should not use common sense  ,.. Because Allah says so   that Indian guy Zakir Joker is a c;classic example..

    I use those words  "No thinking.. Don't think"  for all religious fools that believe in sayings of some cave dwellers  some 1000s of years ago. Those people wrote silly stuff because they did not know anything better ..

    My problems are not with them My problem is with fools that are living in 21st century..   And what I said goes to  ALL RELIGIONS, all alleged words of god/s, allah/allahs whatever

    Do not let silence become your legacy.. Question everything   
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
     
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #21 - April 17, 2015, 01:54 PM

    Narrated Abu Usaid:
    We went out with the Prophet (ﷺ) to a garden called Ash-Shaut till we reached two walls between which we sat down. The Prophet (ﷺ) said, "Sit here," and went in (the garden). The Jauniyya (a lady from Bani Jaun) had been brought and lodged in a house in a date-palm garden in the home of Umaima bint An- Nu`man bin Sharahil, and her wet nurse was with her. When the Prophet (ﷺ) entered upon her, he said to her, "Give me yourself (in marriage) as a gift." She said, "Can a princess give herself in marriage to an ordinary man?" The Prophet (ﷺ) raised his hand to pat her so that she might become tranquil. She said, "I seek refuge with Allah from you." He said, "You have sought refuge with One Who gives refuge. Then the Prophet (ﷺ) came out to us and said, "O Abu Usaid! Give her two white linen dresses to wear and let her go back to her family."
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #22 - April 17, 2015, 01:57 PM

    There is a hadith about one of the women Muhammad “married,” I forget the poor girl’s name now, who, when Muhammad began making advances towards her told him, “I seek refuge in Allah from you.” Muhammad then said something like, “You’ve sought refuge in one who is worthy,” and backed away from her, then divorced her.


    If it is Rayhana that you are referring to, she was one of the Banu Qurayza Jews, all of the males, including her husband, were beheaded and she was one of the females that were enslaved. She refused his marriage proposal but remained his slave. Good for her, that was very brave of her to stand up to him like that.

    The story is not in the Sahih hadiths, I believe it is only mentioned in Tabari and the earlier work of Ibn Ishaq which Ibn Hisham edited out. It is hardly surprising that the early hadith compilers and Ibn Hisham would choose to leave out that story of Muhammad trying to wed a woman after beheading her husband and then getting rejected by her, it is rather embarrassing.
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #23 - April 17, 2015, 02:00 PM

    Ah no, that is another incident ^. What is the source for that one?
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #24 - April 17, 2015, 02:01 PM

    The link is in the quote I posted. http://sunnah.com/urn/144570
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #25 - April 17, 2015, 02:14 PM

    There is a hadith about one of the women Muhammad  married, ; I forget the poor girl& ;s name now, who, when Muhammad began making advances towards her told him,  ;I seek refuge in Allah from you.  ; Muhammad then said something like,  ;You ve sought refuge in one who is worthy, ; and backed away from her, then divorced her.


     I seek refuge in Allah from you. ;...I seek refuge in Allah from you....  ;...i seek refuge in Allah from you  

    That is the worst story on   Muhammad, the alleged Prophet of Islam   which was created by early Islamic Idiots..  ; Fools still consider that story as real and use it for their ulterior motives..  well let me put this  http://www.alseraj.net/maktaba/kotob/english/Beliefs/Encyclopedia/encyclopedia/chapter1a/8.html

    FROM THAT LINK
    Quote
    ......As for the first claim, if the Prophet loved her because she was beautiful and the only virgin that he had, what prevented him from marrying the beautiful virgins who excelled her in charm and beauty, and were the role models among the Arab tribes, and who were at his beck and call? On the other hand, the historians mentioned that Aisha's jealousy towards Zainab Bint Jahsh, Safiyya Bint Huyayy, and Mariya the Copt, was because they were more beautiful than her. Furthermore, Ibn Sa'd and Ibn Kathir reported that:

    The Prophet (PBUH&HF) married Malika Bint Ka'b who was known for her outstanding beauty.
    Quote
    [/i] Aisha went to see her and said to her: "Aren't you ashamed to marry your father's killer?" She then sought refuge against the Prophet of Allah (PBUH&HF), whereupon he divorced her. Her people came to him and said: "O Prophet of Allah, she is young and lacking in perception. She was deceived, so take her back". The Prophet (PBUH&HF) refused to do so. Her father was killed on the day of the conquest of Mecca, and his killer was Khalid Ibn al-Walid al-Khandama."
    Sunni references:

    al-Tabaqat, by Ibn Sa'd, v8, p148
    Ibn Kathir, v5, p299

    This narration clearly proves that the Prophet of Allah (PBUH&HF) was not concerned with youth and beauty in his marriages, otherwise, he would not have divorced Malika Bint Ka'b when she was young and of outstanding beauty.


    This narration, and others like it, also show us the methods which Aisha adopted in deceiving the innocent believing women, and prohibited them from marrying the Prophet of Allah (PBUH&HF). Here, Aisha was instigating in Malika feelings for her father's death, and that the killer was the Apostle of Allah (PBUH&HF), saying to her: "Aren't you ashamed to marry your father's killer?" What could this poor woman do but seek refuge against the Prophet of Allah (PBUH&HF)? Perhaps she said more than that, at a time when people still had traits of Jahiliyya in them, which instigated people to retaliation and reproached whoever did not exact revenge against his father's killer. This is while the Prophet was not the killer of his father as the above report also testifies.

    Other than the above divorce case, history testifies the case of divorce of Asma Bint Nu'man, who due to her beauty, was also targeted by the envy of Aisha. Her envy reached a point whereby she lied to Asma when she was married to the Prophet. It has been reported that:

    Quote
    When Asma Bint Nu'man was being led as a bride to her groom (i.e., the Prophet), Aisha told her that the Prophet was highly pleased with the woman who, when he approaches her, says to him: "May Allah save me from you."

    Sunni references:

    al-Mustadrak, by al-Hakim, v4, p37, on the account of Asma
    al-Isabah, by Ibn Hajar al-Asqalani, v4, p233
    al-Tabaqat, by Ibn Sa'd, v2, p104, v8, p145
    Tarikh al-Ya'qubi, v2, p69
    Her underlying aim was to have the Prophet (PBUH&HF) divorce this naive woman for these offensive words, and the Prophet (PBUH&HF) did divorce her before consummating the marriage due to these words as the above references further testify.

    It is now left for us to ask why did the Prophet of Allah (PBUH&HF) divorce these two naive women (Asma and Malika), who both fell victims to the plotting and deception of Aisha?


    Before anything else, we must realize that the Prophet of Allah (PBUH&HF) was infallible, and as such, he would not oppress anyone nor would do anything which was not right. Therefore, in divorcing the two women, there must have been some wisdom known to Allah and His Prophet (PBUH&HF). Similarly, in spite of Aisha's deeds, there must have been wisdom in him not divorcing her which we will talk shortly.

    As far as the second woman is concerned, i.e., Asma Bint al-Nu'man; her naive disposition became apparent when Aisha's tricks captured her, and the first words that she greeted the Prophet of Allah (PBUH&HF) with, when he stretched out his hand to her were: "I seek refuge in Allah from you". Despite her excessive beauty, the Prophet (PBUH&HF) did not let her remain due to her simple mindedness. Along with some other narrators, Ibn Sa'd, in his al-Tabaqat, v8, p145, on the authority of Ibn Abbas said: "The Prophet of Allah (PBUH&HF) married Asma Bint al-Nu'man, and she was among the most beautiful and complete women of her time". Perhaps the Prophet of Allah (PBUH&HF) wanted to teach us that the importance of intelligence outweighs that of physical beauty, for how many pretty women have been led by their foolishness towards corruption?

    As for the first mentioned woman, i.e., Malika Bint Ka'b, who Aisha incited by telling her that her husband was her father's killer, the Prophet (PBUH&HF) did not want this poor girl (who was young and lacked perception as her people testified) to live in fear and terror which would cause great problems for her, especially since Aisha would never let her live in peace with the Prophet of Allah (PBUH&HF). No doubt, there are other reasons known to the Prophet which are not known to us.

    The important thing to realize is that the Prophet of Allah (PBUH&HF) did not crave for beauty or physical and sexual desires, as some ignorant persons and orientalists assume. They claim that Muhammad was pre-occupied with beautiful women. We have observed how the Prophet (PBUH&HF) divorced these two women despite their tender age and beauty. They were the most beautiful women of their times, as documented in the historical and Hadith books. Thus the claim of those perverts who say that the Prophet (PBUH&HF) loved Aisha for her youth and beauty is baseless and unacceptable, and rather insulting.

    If we also recall the narration reported by Aisha (mentioned in the previous part), she said that the Messenger of Allah (PBUH&HF) did not wait for long before he thought she was asleep, then he took his upper garment, slowly opened the door, went out and then closed it, we can perceive the lie of the claim that he could not do without her.

    Also as we quoted from Sahih al-Bukhari in the previous part, the Prophet of Allah (PBUH&HF) never lost an opportunity to mention Khadija. This used to cause Aisha's heart burn with jealousy, and she would lose control of herself and forget her manners. She would abuse (Khadija) as she liked, with no respect for her husband's feelings. Aisha said to the Prophet (PBUH&HF): "Why do you mention that old woman of the Quraish? She who had reddened cheeks that time had destroyed!" (See the previous part for references). Dare we ask Aisha who never saw Khadija for a single day in her life nor ever met her, how did she know that she was an old woman with red cheeks? Is this the conduct of the average believer who is forbidden to speak ill of a believer in his/her absence if that person is alive? How about if that person is dead and has been taken up to the Lord? And how severe is the crime if the person being backbitten is the lady in whose house Gabriel came down and gave her the tidings of a house in paradise, a house without noise or trouble? (See Sahih al-Bukhari, Traditions: 9:588, 3.19, 5.164, 5.165, 5.167, 5.168, 7.156, 8.33, and 9.576).

    There is no doubt that all these authentic narrations refute the contention of the claim that Aisha was the most beloved wife of the Prophet's (PBUH&HF) wives. It is clear that Aisha's jealousy and hatred increased when the Prophet of Allah (PBUH&HF) informed her that His Lord had not given him someone better than Khadija. Once again, the Prophet (PBUH&HF) teaches us that he did not have any sort of inclination for base desires, and had no inclination towards beauty and virginity, because Khadija (PBUH&HF) had been previously married twice and was older than himself by fifteen years. Despite this, he loved her and never ceased to praise her. By my life, this is the true character of the Prophet of Allah (PBUH&HF), who loved for Allah's sake and hated for Allah's sake. There is a huge difference between these authentic traditions and the forged one which claims the Prophet preferred Aisha, so much so that his wives sent to him someone imploring him to show fairness with regard to the daughter of Abu Quhafa (i.e., Abu Bakr)!!!

    As for those who allege that he loved her because she was the daughter of Abu Bakr, this is also untrue. We can say that he married her for the sake of Abu Bakr's tribe. The Messenger of Allah (PBUH&HF) married into several tribes for political reasons so as to placate their hearts and foster affection and feelings of mercy between those tribes, replacing rancor and hatred. The Prophet (PBUH&HF) married Umm Habiba, the sister of Muawiyah and the daughter of Abu Sufyan, the foremost enemy of the Prophet (PBUH&HF). The Prophet's compassion and love for the Arab tribes led him to marrying Jews, Christians and Copts so that the people of the scriptures could get closer to each other.

      

    Yes..yes.. Love is leaking from every  hole.... whole lot of holy love from hole....   Fooooooooooooooools.......

    Idiots write nonsense in the name of Muhammad and in the name of Allah....

    http://www.islamicbulletin.org/free_downloads/other/the_world_of_the_jinn.pdf

    Hell with Hadith.,   let me read about Jinns . those books are more  fun to read...

    Do not let silence become your legacy.. Question everything   
    I renounced my faith to become a kafir, 
    the beloved betrayed me and turned in to  a Muslim
     
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #26 - April 17, 2015, 02:26 PM

    That one is a different one. (Man, Muhammad really got around.) The link I posted is from Bukhari. The poor girl obviously did not want to be “married” to Muhammad. After raising his hand to her so that she might “calm down,” she sought refuge from him and he let her go. An interesting point is that in the Arabic, what has been translated as “give her two white linen dresses to wear” actually seems to imply that the girl was naked or close to naked at the time. iksuha is more like, “cover her,” than "give her two dresses to wear."  
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #27 - April 17, 2015, 02:47 PM

    I'm glad I finished my pizza before I read those two hadiths happy murtad provided. I might have choked reading them.

    `But I don't want to go among mad people,' Alice remarked.
     `Oh, you can't help that,' said the Cat: `we're all mad here. I'm mad.  You're mad.'
     `How do you know I'm mad?' said Alice.
     `You must be,' said the Cat, `or you wouldn't have come here.'
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #28 - April 17, 2015, 07:57 PM

    Here is a fatwa from islamqa, which states that wives and sex slaves cannot refuse to have sex with their masters. They're pretty sneaky these guys, they've deleted the fatwa on their site, but it's preserved by the way way back machine!

    Quote
    Similarly a slave woman does not have the right to refuse her master’s requests unless she has a valid excuse. If she does that she is being disobedient and he has the right to discipline her in whatever manner he thinks is appropriate and is allowed in sharee’ah.


    "we stand firm calling to allah all the time,
    we let them know - bang! bang! - coz it's dawah time!"
  • IS there any ex Muslim here who has knowledge on Fiqh?
     Reply #29 - April 18, 2015, 08:31 AM

    I just want to make a point about Hagar, from the point of view of the social conditions in which the story was originally written and not 7th and later centuries in Arabia. She was not a concubine, in the later sense of the word, nor was she a demi-wife. In fact, Ishmael was not legally her son at all, at least he wouldn't have been if Sarah had not later borne a son and disowned him. He was born the legal son of Sarah.

    Let me explain. Contraceptives were widely known and used in ancient Mesopotamia, because of the physical danger of having a baby at the time (no way to do a c-section, no way to get a stuck baby out, no way to treat any infections that the mother had post-partum, etc). Therefore, wives--especially favored ones--frequently took contraceptives to keep themselves healthy and fit. There was a plant used as a contraceptive that was so incredibly successful that it was used to extinction by the middle of the Roman Empire time, so we don't know exactly what it did but it was successful as a contraceptive or morning after pill. Because women could not inherit their husbands' property, they needed a male heir (a son) who COULD inherit the money and would be legally required to provide for them after the death of their husband.

    Within this context, it became necessary to provide sons for women without forcing them to go through the dangers of childbirth, which could kill them, robbing the husband of his favored wife. So they developed a legal mechanism. A woman could give one of her female slaves to her husband and any child born to that union would be, legally, the son of the wife. The phrase for this was "born on (the wife's) knees": the baby would be given directly to the wife, instead of the biological mother, directly after birth for her to present to the husband and name. The slave woman would wean the child, but a slave would generally wean a wife's child anyway. The slave's child was then the legal child of the wife and was legally obligated to care for her in her old age, and not the slave woman. This would remain true unless she disowned the child; then it would revert to slave status.

    In the older texts, Hagar was not actually released because she had given birth to Ishmael. Sarah felt she was gloating over having had a child while Sarah was barren and was persecuted by Sarah until she ran away, then she was told by an angel to return so she could raise her child. She was exiled by Sarah when Sarah decided she didn't like Ishmael and didn't want him to be her heir after the birth of Isaac.

    Quote
    Genesis 21:9 And Sarah saw the son of Hagar the Egyptian, whom she had borne unto Abraham, making sport [making fun of Isaac or something]. 10 Wherefore she said unto Abraham: 'Cast out this bondwoman and her son; for the son of this bondwoman shall not be heir with my son, even with Isaac.'

     

    So Hagar was released not because of having had a son, but because Sarah didn't like her and also disowned her son. And Ishmael was not born the son of Hagar, he was born the son of Sarah, but Sarah decided later to disinherit him.

    Yea, though I walk through the valley of the shadow of death, I will fear no evil, for I have a sonic screwdriver, a tricorder, and a Type 2 phaser.
  • 12 Next page « Previous thread | Next thread »