Quranic Fatwa about conciliation or solution of dispute between husband and wife.
Allah (God) has commanded in Verse No.35 or Surah Al-Nisa (Part 5 of 114), “And if you fear a dispute between husband and wife, then appoint an arbiter from the side of the family of man and an arbiter from the family of woman, if these two will desire reconciliation, then Allah will cause unity between them. Undoubtedly, Allah is knowing, Aware.” (Kanz-ul-EEmaan, translated by Allama Prof. Shah Faridul Haq).
Definition of the word “arbiter” :
Arbiter is a person with the power or influence to make judgments and decide what will be done or accepted.
Explanation :
The judges, advocates, Muftis, Ulema and the relatives of such families where any dispute between husband and wife is under decision or under consideration to decide are bound to appoint arbiters and try at their level best for reconciliation or patch up the dispute in written through these appointed arbiters otherwise any decision made ignoring the Verse No.35 of Surah Al-Nisa (Chapter V) of the Holy Quran would not be acceptable by any person. If any decision would have been made in the lower court or at any level ignoring this Verse of the Holy Quran without taking the decisions of the appointed arbiters are clearly and entirely fake, false, null and void and not to be accepted at any level by any person because main and the greatest arbitrator, referee, umpire, mediator and decision maker is Allah (the only one God) himself Who has already clearly commanded about the matters of disputes between husband and wife, the disputes of the property and inheritance and heir ship in the Holy Quran’s related Verses.
Defined and explained by
Masood Ahmed Bazmi Malik Qadri
M.A, LLB-I, Postgraduate Diploma in Islamic Law, Diploma holder in study of Hadith (Hadees).
Tuesday, September 8, 2009
Quranic Fatwa for Darood-o-Salam
QURANIC FATWA FOR DAROOD-O-SALAM
The Muslims related to Sunni Hanafi Barelvi Maslak or Sect believe in sending or reciting darood and salam both (generally known as salat-o-salam) to the Holy Prophet Muhammad Peace Be Upon Him because of one verse clearly written in the Holy Quran. The Muslims of Barelvi Sect were separated from the Muslims of Deobandi Sect in the start of last century when Imam Ahmed Raza Khan of Bareli India established his separate school of thought on the basis of this verse. The verse is as under.
Verse No.56 of Surah Al-Ahzab 33 of 114, Part 22 of the Holy Quran
56. Undoubtedly, Allah and His angels send blessings on the prophet the Communicator of unseen news, O! you who believe! Send upon him blessings and salute him fully well in abundance.
In the next verse Allah has further commanded not to annoy Him and to His Prophet saying as under:
57. Undoubtedly, those who annoy Allah and His Messenger, Allah's curse is upon them in the world and in the Hereafter and Allah has kept prepared for them a degrading torment.
(From Kanzul Eeman, translated by Prof. Shah Faridul Haq)
The Muslims related to Sunni Hanafi Barelvi Maslak or Sect believe in sending or reciting darood and salam both (generally known as salat-o-salam) to the Holy Prophet Muhammad Peace Be Upon Him because of one verse clearly written in the Holy Quran. The Muslims of Barelvi Sect were separated from the Muslims of Deobandi Sect in the start of last century when Imam Ahmed Raza Khan of Bareli India established his separate school of thought on the basis of this verse. The verse is as under.
Verse No.56 of Surah Al-Ahzab 33 of 114, Part 22 of the Holy Quran
56. Undoubtedly, Allah and His angels send blessings on the prophet the Communicator of unseen news, O! you who believe! Send upon him blessings and salute him fully well in abundance.
In the next verse Allah has further commanded not to annoy Him and to His Prophet saying as under:
57. Undoubtedly, those who annoy Allah and His Messenger, Allah's curse is upon them in the world and in the Hereafter and Allah has kept prepared for them a degrading torment.
(From Kanzul Eeman, translated by Prof. Shah Faridul Haq)
Trialfree Persons
Three persons can not be trialed or investigated by any person
It is quoted in Hadees Number 2112 of Ibn-e-Maja, Chapter No.665, "Hazrat Aisha Siddiqa Razi Allah Anhatold that Holy Prophet Hazrat Muhammad Peace Be Upon Him said 'Three persons can not be trialed or investigated by any person in the court of law or in the investigating department, one is the sleeping person, second is the minor (under age of thirteen to eighteen) and the third is the person who is under treatment by a psychiatrist.' Hazrat Abu Bakr Siddiq Razi Allah Anho added, 'the ailing, sick or ill person under the treatment of any doctor also can not be trialed or investigated.' "
This Hadees was quoted specially for using in the matters of Talaq (Legal separation between a husband and a wife), but this can be used also in all other cases. In some political cases this Islamic rule was ignored in this "Islamic Republic of Pakistan".
1.
Zulfikar Ali Bhutto was arrested by the army officials in midnight. Benazir Bhutto has mentioned this in her autobiography.
2.
Mian Nawaz Shareef and Shahbaz Sharif were also arrested in night from their residences by the army officials.
3.
Asif Ali Zardari the then husband of the Prime Minister of Pakistan was also being trialed in jail and in the courts of law during his ailment and even when he became the psychiatric patient in jail his trials were kept continued instead of the media reports published and aired in the national and international media.
4.
Talaq or separation also does not happen in the psychiatric condition of any one or both either husband or wife. While in most of the cases trailed in courts the judges do not issue the notice to any one of husband or wife to get his/her fitness certificate from a psychiatrist. The advocates also ignore this important point in the proceedings of the cases and wish to settle the dispute by an agreement between the couples. Therefore in such special cases where the psychiatry is also involved the separation does not happen or enforced without getting the medical fitness certificate from a government psychiatrist or by a medical superintendent of a hospital.
It is quoted in Hadees Number 2112 of Ibn-e-Maja, Chapter No.665, "Hazrat Aisha Siddiqa Razi Allah Anhatold that Holy Prophet Hazrat Muhammad Peace Be Upon Him said 'Three persons can not be trialed or investigated by any person in the court of law or in the investigating department, one is the sleeping person, second is the minor (under age of thirteen to eighteen) and the third is the person who is under treatment by a psychiatrist.' Hazrat Abu Bakr Siddiq Razi Allah Anho added, 'the ailing, sick or ill person under the treatment of any doctor also can not be trialed or investigated.' "
This Hadees was quoted specially for using in the matters of Talaq (Legal separation between a husband and a wife), but this can be used also in all other cases. In some political cases this Islamic rule was ignored in this "Islamic Republic of Pakistan".
1.
Zulfikar Ali Bhutto was arrested by the army officials in midnight. Benazir Bhutto has mentioned this in her autobiography.
2.
Mian Nawaz Shareef and Shahbaz Sharif were also arrested in night from their residences by the army officials.
3.
Asif Ali Zardari the then husband of the Prime Minister of Pakistan was also being trialed in jail and in the courts of law during his ailment and even when he became the psychiatric patient in jail his trials were kept continued instead of the media reports published and aired in the national and international media.
4.
Talaq or separation also does not happen in the psychiatric condition of any one or both either husband or wife. While in most of the cases trailed in courts the judges do not issue the notice to any one of husband or wife to get his/her fitness certificate from a psychiatrist. The advocates also ignore this important point in the proceedings of the cases and wish to settle the dispute by an agreement between the couples. Therefore in such special cases where the psychiatry is also involved the separation does not happen or enforced without getting the medical fitness certificate from a government psychiatrist or by a medical superintendent of a hospital.
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