Archive | March, 2013

Women lawyers get permission to practice in Saudi courts

16 Mar

 

saudi women lawyers

A group of Saudi female lawyers attend to a law expert from the Freedom House in Jeddah, Saudi Arabia. Photo – familylaw-khaleej.org

Women lawyers in Saudi Arabia have been allowed to practice in the Saudi courts according to a justice ministry directive published on Wednesday.

Saudi Arabia’s Ministry of Justice decided to permit women lawyers to practice in courts starting from next month. However, the expert committee designated by the Ministry has put forward a set of statutes governing the entry of women in courts.

According to reports, the statutes will be implemented after the reopening of courts after Eid holidays. The statutes do not differentiate between men and women, but explained the existing system in general and special terms and conditions for practising women lawyers.

The original draft restricted women from dealing with male clients and required them to have a special and closed office. They were not permitted to directly present the case. However, the experts committee changed the decision and now considers implementing the same regulation for all.

Under the existing regulations, a lawyer should inform her office details to the ministry and she will face penal measures whenever she commits any violation of professional rules. Other conditions include getting a lawyer’s license and apprenticeship of three-year duration at an accredited lawyer’s office. It also recommends that she should be experienced in teaching jurisprudence and principle of Islamic law in the universities.

Why Men Benefit from Monogamy

14 Mar

http://www.psychologytoday.com/blog/the-scientific-fundamentalist/200802/the-paradox-polygamy-ii-why-most-women-benefit-polygamy-an

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Coca Cola Conspiracy

13 Mar

Coca Cola Conspiracy

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Names of the Sahabas

13 Mar

Names of the Sahabas

Does a Muslim Woman Have to Obey her Husband?

13 Mar

ALL ABOUT MUSLIM MARRIAGES

A part of Jannah BlogGarden

Does A Muslim Woman Have to Obey Her Husband?

Question: My problem is in Islam, A woman must obey her husband, she can’t go out of the house without his permission, and she even has to obey her husband even if he tells her to do something that she hates; and she obeys him even against herself or her parents’ will – why is it like this? A woman is a human being with the right to think and decide for herself. Sometimes a woman can think in some situations more clearly than her husband, but if the husband says something, then his words are the ones to be followed – why is it like this? Why do I have to obey my husband even before obeying my father who raised me up all these years? I know that in Islam, men and women are equal, but this doesn’t seem like equality. I am not questioning Islam or God of course, but I just need an explanation. Why do we have to obey the men in submission like this? Did Prophet Muhammad really say “If I would have ordered someone to do sujud (prostration), for someone else except Allah, I would have ordered the wife to do it to her husband” ? Did he really say that, and why? And If I don’t follow this ahadith (tradition of Prophet Muhammad), will I be sinning? Thanks for your time.

Answer by Abdul-Lateef Abdullah

In the name of Allah the Most Gracious
the Most Merciful
May He bestow His peace and blessings on His messenger, Muhammad, his family, Companions, and all of those who follow them sincerely.

As salamu `alaykum,

Thank you for your very poignant question. It is an important one and one that you need to settle before you marry for there should be no lingering doubts about Islam or your future husband. It is, therefore, very important that you receive an answer to this and any other questions you have.

One thing that is very important for all of us to be able to differentiate is the difference between Islamic teachings, cultural practices, and beliefs. Sometimes these two are in complete opposite to one another even though the practices referred to are coming from Muslims. Yes, it is true that the husband is the head of the household in Islam, but that does not mean that he runs the household like a tyrant. It also does not mean that women have not the power to make decisions.

As a convert to Islam myself, I realize that there is a very big difference between the outward, literal aspects of these teachings and their application in real life. The Muslim home – in the true spirit of Islam — is one where Allah is God and He alone is worshipped, not the husband/father. Men are given a certain degree of RESPONSIBILITY over their wives, rather than a degree of privilege or power. According to Sheikh `Abdullah Adhami, the Companions of Prophet Muhammad (SAW) and the early scholars of Islam understood and practiced the Qur’an in these terms – that the degree that men are afforded is one of responsibility, not power: (see in the Qur`an Al Baqarah 2:228)

“Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.”

The degree above them, according to Sheikh `Abdullah is a degree of responsibility, not a degree of privilege or power. In many cultures, however, this degree is taken to mean that the husband has power to do and act however he wants without question. This, however, is against the teachings of Islam. Yes, men are the head of the household in Islam, but mutual respect and consideration are the way in which the affairs of the house should be governed.

Specific questions about a woman leaving the house, for example, are also important to consider in the spirit of Islam, along with the mere dictates of the law. Yes, a woman should get permission to leave the house. This should, however, be understood according to the spirit of mutual respect. A husband is responsible for safeguarding the safety of his family. If he does not know when and where his wife is coming and going, how is he supposed to do that? By the same token, a husband should also discuss with his wife his leaving the house out of respect for her. For example, perhaps she wants to pray and there is no one to watch the young children or a baby. The husband should first consult the wife about going out and the two should come to a mutually beneficial arrangement. Maybe the wife will ask the husband to wait 20 minutes so that she can pray first, for example. In any case, the husband must be considerate of the wife’s needs and situation, not only his own. The point is that the affairs of the house are not a dictatorship; they should be conducted according to mutual respect and teamwork, with both respecting the rights and responsibilities of the other. The rights and legal dictates exist so that we know our basic responsibilities and do not cross any lines that we shouldn’t, however, in practice we should always strive for the best of ways in our affairs, which is, of course, according to the Sunnah of Prophet Muhammad (SAW), who was nothing but kind, gentle and fair with his wives and family. There was no one on Earth who treated his wives better than the Prophet (SAW), so we should take his example in all of our affairs.

Some examples of Islamic teachings in regard to wives/women:
{Among His signs is the fact that he has created spouses from among yourselves, so that you may find tranquillity with them; and he has put love and mercy between you. In that are signs for people who reflect} (Qur’an Ar Rum 30:21)
Prophet Muhammad (peace and blessings be upon him) was reported to have said:
• “From among the believers are those who have the kindest disposition and are the kindest to their families- such are those who show the most perfect faith. The best among them are those who are kindest to their wives.” (1)

• “The most perfect Muslim in the matter of faith is one who has excellent behaviour; and the best among you are those who behave best towards their wives.” (2)

• “Do not beat the female servants of God.” (3)

• “Whoever has a female child and does not bury her alive, nor hide her in contempt, nor prefers his male child over her, God will make him enter Paradise.” (4)

• “Whoever brings up two sisters or two daughters, and gives them a broad education, and treats them well, and gives them in marriage, for him is Paradise.” (5)
(1) Bukhari and Muslim
(2) Tirmidhi
(3) Abu Dawud and Ibn Majah
(4) Abu Dawud
(5) Abu Dawud and Tirmidhi
Remember, Prophet Muhammad (SAW), the best of creation was a servant of his family, not a tyrant or a king:

Ahadith – Sahih al-Bukhari 8.65, Narrated Al Aswad
I asked ‘Aisha what did the Prophet use to do at home. She replied, “He used to keep himself busy serving his family and when it was time for the prayer, he would get up for prayer.”

Serving his family, according to other hadith on the subject, included: sweeping floors, sewing clothes, cooking, serving guests, teaching and educating the children, and others. How many Muslim husbands, despite being so quick to claim their status of ‘head of household’ live according to this example? How many of us see ourselves and act as servants of our families rather than kings? This ahadith is just one powerful example of the difference between knowing the RIGHTS of husbands and knowing our RESPONSIBILITIES as husbands who are followers of the best of creation, Rasulullah (SAW). Using the Prophet’s example, we can understand that it was because of the standard of his behavior, and loving kindness to his family that he was so well respected and obedient to them. He never had to ‘demand’ his authority from them like many of us. He simply behaved in a way that made people want to serve him and follow him. That is the greatness of the Prophet (SAW) – he made people WANT to obey him because of his high standard of character and example as a human being, husband, father, etc.

 

FROM: ALL ABOUT MUSLIM MARRIAGES

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Bikini or Headscarf: Which Offers More Freedom?

12 Mar

Bikini or Headscarf: Which Offers More Freedom?

Muslimah Going to a Kaafir Male Doctor

12 Mar
Question:

Is it permissible for the Muslim woman to go to a hospital to give birth whilst knowing that those that will perform the birth are disbelieving men?

Answer:

There is no harm in that if she is compelled and cannot find anyone but kuffaar (disbelievers), as we have read that it is not permissible for her except to go to a Muslim doctor, but where is the proof for that? However the necessities have for them rulings.

 

Shaykh Muqbil bin Haadee
Ghaaratul Ashritah, volume 2, page 192
Translated by Aboo Haatim Muhammad Farooq

Making Duaa in Other Languages?

12 Mar

Praise be to Allaah.  

 

Firstly: 

If the worshipper can say du’aa’ well in Arabic, it is not permissible for him to make du’aa’ in any other language. 

But if the worshipper is unable to make du’aa’ in Arabic, there is no reason why he should not make du’aa’ in his own language, so long as he starts learning Arabic in the meantime.  

With regard to making du’aa’ in languages other than Arabic outside of prayer, there is nothing wrong with that, especially if that will make the worshipper more focused in his du’aa’. 

Shaykh al-Islam Ibn Taymiyah said: 

It is permissible to make du’aa’ in Arabic and in languages other than Arabic. Allaah knows the intention of the supplicant and what he wants, no matter what language he speaks, because He hears all the voices in all different languages, asking for all kinds of needs. 

Majmoo’ al-Fataawa, 22/488-489. 

See also the answers to questions no. 3471 and 11588

Secondly: 

There is nothing wrong with reciting du’aa’s mentioned in the Qur’aan even if there is no report in the Sunnah that the Prophet (peace and blessings of Allaah be upon him) recited them in his du’aa’. They are all good and contain guidance. Most of the du’aa’s of the Prophets and Messengers that we know are from the Qur’aan. Undoubtedly their du’aa’s are the most eloquent and most profound in meaning. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: 

People should make du’aa’ by reciting the prescribed du’aa’s that are mentioned in the Qur’aan and Sunnah, because these are undoubtedly virtuous and good, and this is the straight path. The scholars of Islam and the imams have mentioned the du’aa’s that are prescribed in Islam, and turned away from the innovated du’aa’s, so we should follow them in that. 

Majmoo’ al-Fataawa’, 1/346, 348. 

And Allaah knows best.

 

Talking During the Adthan

12 Mar

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad , is His slave and Messenger.

 

As far as we know, there is no authentic narration from the Prophet , that precisely prohibits talking or reciting the Quran when the Athaan is being called. However, we are ordered in the Sunnah to repeat the words of the Athaan after the Mu’aththin (the person calling the Athaan) as we mentioned in Fatwa 92196.

There is no doubt that talking or reciting the Quran when the Athaan is being called makes it impossible to revive the Sunnah of repeating the words of the Athaan. There is no doubt also that repeating the words of the Athaan when one hears it [Athaan] comes in priority over reciting the Quran because repeating the words of the Athaan is a timed act of worship that Allaah legislated when one hears it. Reciting the Quran at this precise time preoccupies one with another act of worship instead of being preoccupied by the legislated act of worship.

Allaah Knows best.

Who/What is a Salafi?

11 Mar

Who or what is a Salafi? Is their approach valid?

©Nuh Ha Mim Keller 1995


The word salafi or “early Muslim” in traditional Islamic scholarship means someone who died within the first four hundred years after the Prophet (Allah bless him and give him peace), including scholars such as Abu Hanifa, Malik, Shafi’i, and Ahmad ibn Hanbal. Anyone who died after this is one of the khalaf or “latter-day Muslims”. 

The term “Salafi” was revived as a slogan and movement, among latter-day Muslims, by the followers of Muhammad Abduh (the student of Jamal al-Din al-Afghani) some thirteen centuries after the Prophet (Allah bless him and give him peace), approximately a hundred years ago. Like similar movements that have historically appeared in Islam, its basic claim was that the religion had not been properly understood by anyone since the Prophet (Allah bless him and give him peace) and the early Muslims–and themselves. 

In terms of ideals, the movement advocated a return to a shari’a-minded orthodoxy that would purify Islam from unwarranted accretions, the criteria for judging which would be the Qur’an and hadith. Now, these ideals are noble, and I don’t think anyone would disagree with their importance. The only points of disagreement are how these objectives are to be defined, and how the program is to be carried out. It is difficult in a few words to properly deal with all the aspects of the movement and the issues involved, but I hope to publish a fuller treatment later this year, insha’Allah, in a collection of essays called “The Re-Formers of Islam“. 

As for its validity, one may note that the Salafi approach is an interpretation of the texts of the Qur’an and sunna, or rather a body of interpretation, and as such, those who advance its claims are subject to the same rigorous criteria of the Islamic sciences as anyone else who makes interpretive claims about the Qur’an and sunna; namely, they must show: 

1. that their interpretations are acceptable in terms of Arabic language; 

2. that they have exhaustive mastery of all the primary texts that relate to each question, and 

3. that they have full familiarity of the methodology of usul al-fiqh or “fundamentals of jurisprudence” needed to comprehensively join between all the primary texts. 

  Only when one has these qualifications can one legitimately produce a valid interpretive claim about the texts, which is called ijtihad or “deduction of shari’a” from the primary sources. Without these qualifications, the most one can legitimately claim is to reproduce such an interpretive claim from someone who definitely has these qualifications; namely, one of those unanimously recognized by the Umma as such since the times of the true salaf, at their forefront the mujtahid Imams of the four madhhabs or “schools of jurisprudence”. 

As for scholars today who do not have the qualifications of a mujtahid, it is not clear to me why they should be considered mujtahids by default, such as when it is said that someone is “the greatest living scholar of the sunna” any more than we could qualify a school-child on the playground as a physicist by saying, “He is the greatest physicist on the playground”. Claims to Islamic knowledge do not come about by default. Slogans about “following the Qur’an and sunna” sound good in theory, but in practice it comes down to a question of scholarship, and who will sort out for the Muslim the thousands of shari’a questions that arise in his life. One eventually realizes that one has to choose between following the ijtihad of a real mujtahid, or the ijtihad of some or another “movement leader”, whose qualifications may simply be a matter of reputation, something which is often made and circulated among people without a grasp of the issues. 

What comes to many peoples minds these days when one says “Salafis” is bearded young men arguing about din. The basic hope of these youthful reformers seems to be that argument and conflict will eventually wear down any resistance or disagreement to their positions, which will thus result in purifying Islam. Here, I think education, on all sides, could do much to improve the situation. 

The reality of the case is that the mujtahid Imams, those whose task it was to deduce the Islamic shari’a from the Qur’an and hadith, were in agreement about most rulings; while those they disagreed about, they had good reason to, whether because the Arabic could be understood in more than one way, or because the particular Qur’an or hadith text admitted of qualifications given in other texts (some of them acceptable for reasons of legal methodology to one mujtahid but not another), and so forth. 

Because of the lack of hard information in English, the legitimacy of scholarly difference on shari’a rulings is often lost sight of among Muslims in the West. For example, the work Fiqh al-sunna by the author Sayyid Sabiq, recently translated into English, presents hadith evidences for rulings corresponding to about 95 percent of those of the Shafi’i school. Which is a welcome contribution, but by no means a “final word” about these rulings, for each of the four schools has a large literature of hadith evidences, and not just the Shafi’i school reflected by Sabiq’s work. The Maliki school has the Mudawwana of Imam Malik, for example, and the Hanafi school has the Sharh ma’ani al-athar [Explanation of meanings of hadith] and Sharh mushkil al-athar [Explanation of problematic hadiths], both by the great hadith Imam Abu Jafar al-Tahawi, the latter work of which has recently been published in sixteen volumes by Mu’assasa al-Risala in Beirut. Whoever has not read these and does not know what is in them is condemned to be ignorant of the hadith evidence for a great many Hanafi positions. 

What I am trying to say is that there is a large fictional element involved when someone comes to the Muslims and says, “No one has understood Islam properly except the Prophet (Allah bless him and give him peace) and early Muslims, and our sheikh”. This is not valid, for the enduring works of first-rank Imams of hadith, jurisprudence, Qur’anic exegesis, and other shari’a disciplines impose upon Muslims the obligation to know and understand their work, in the same way that serious comprehension of any other scholarly field obliges one to have studied the works of its major scholars who have dealt with its issues and solved its questions. Without such study, one is doomed to repeat mistakes already made and rebutted in the past. 

Most of us have acquaintances among this Umma who hardly acknowledge another scholar on the face of the earth besides the Imam of their madhhab, the Sheikh of their Islam, or some contemporary scholar or other. And this sort of enthusiasm is understandable, even acceptable (at a human level) in a non-scholar. But only to the degree that it does not become ta’assub or bigotry, meaning that one believes one may put down Muslims who follow other qualified scholars. At that point it is haram, because it is part of the sectarianism (tafarruq) among Muslims that Islam condemns. 

When one gains Islamic knowledge and puts fiction aside, one sees that superlatives about particular scholars such as “the greatest” are untenable; that each of the four schools of classical Islamic jurisprudence has had many many luminaries. To imagine that all preceding scholarship should be evaluated in terms of this or that “Great Reformer” is to ready oneself for a big letdown, because intellectually it cannot be supported. I remember once hearing a law student at the University of Chicago say: “I’m not saying that Chicago has everything. Its just that no place else has anything.” Nothing justifies transposing this kind of attitude onto our scholarly resources in Islam, whether it is called “Islamic Movement”, “Salafism”, or something else, and the sooner we leave it behind, the better it will be for our Islamic scholarship, our sense of reality, and for our din.