Chapter 50: Miscellaneous Issues
Laws of Jurisprudence
Law: As a reminder for
certain things, some people tie knots in their handkerchiefs or on their drawer
strings, or they (sometimes) tie a piece of cotton on their finger etc. for the
same purpose. This is permissible. However, to tie a string (cotton) without
any reason is Makruh. [Durr-e-Mukhtar]
Law: To hang a Taweez on
the neck is permissible, for as long as it is a permissible Taweez. In other
words, it has been made from verses of the Qur’an, Names of Allah and Duas.
Some Hadith have prohibited the use of Taweez. This prohibition is regarding
such Taweez which are made up of impermissible words, such as those which were
made in the ‘Days of Ignorance’ (Zamaana-e-Jaahiliyat). Similarly, to write
Taweezaat (i.e. Plural of Taweez), Verses of the Holy Qur’an, Ahadith and other
Duas (benedictions) on a plate (or small bowl) and to give this to a sick
person with the intention of him attaining Shifa (cure), is also permissible.
Men in state of impurity (Junub) and a female who is menstruating and one who
is experiencing Lochia (i.e. post natal vaginal bleeding) can also wear a Taweez
on the neck and tie it on the arm, for as long as it is covered (in a cloth
etc.). [Durr-e-Mukhtar, Raddul Muhtar]
Law: If something is
written on bedding or on a Musal’la (Prayer Mat), then to use it is
impermissible, (even) if this text has been imprinted or embroidered on it, or
if it has it has been written with ink. The same rule applies even if the
alphabets are written individually, as individual alphabets (Huroof-e-Mufradah)
need to be respected as well. [Raddul
Muhtar]
Some eating cloths (table cloths) have inscriptions on them. Such eating
cloths should be avoided, and we should not have our meals on it. Some people
have poetic stanzas written on their pillows. Even these should not be used.
Law: A person made a
promise, but there was a defect in it according to Shariah, due to which he did
not fulfil the promise. (In this situation),it will not be regarded as going
back on ones word, and he does not receive the punishment that one receives for
going back on his word, even though he did not make any distinction at the time
of making the promise; for in this situation, there is distinction from the
side of the Shariah. There is no need to say it verbally. For example, he
promised that he will go to a certain place and wait there for the said person,
but when he reached the said place, he found that the people there were
involved in dancing and consuming alcohol etc., so he left. This will not be
regarded as going against ones word. (Another example) is that, he promised to
wait for someone at a certain place and whilst waiting, the time of Salaah commenced,
and he left (due to this), then too it is not going against ones word. [Mushkilul Athaar, Imam Tahawi]
Law: Some farmers wrap
fabric on poles and place them in their fields. Their aim is to protect the field
from the evil eye (Nazr-e-Bud), because (by doing this) those passing by will
first look at that cloth wrapped on the pole and only thereafter, will their
eyes fall upon the crop and in this way, no Nazr will fall upon the crop. To do
this is not impermissible as infliction by the evil eye is a fact. It has been
verified from the Hadith and thus cannot be rejected. It is mentioned in the
Hadith that when you look at something of your own or something belonging to
your fellow Muslim brother and you fancy it, you should make Dua for Barkat by
saying:
تَبَارَکَ
اللہُ اَحْسَنُ الْخَالِقِیْنَ اَللّٰھُمَّ بَارِکْ فِیْہِ .
or you could say this ‘Allah grant you abundant blessings’. Saying
this will not allow any Nazr to befall you. [Raddul
Muhtar]
Law: It is Makruh to eat
and drink in crockery of the mushrikeen without thoroughly washing it. This is
in the case where one does not know if the utensil is contaminated by any
impurity, but if one knows this, then to eat and drink in it is Haraam. [Alamgiri]
Law: To leisurely listen to
strange and astonishing stories and tales is permissible, for as long as it is
not definite that it is a lie (false story), and even those which are known to
be untrue, can also be heard and are regarded as permissible. For as long as it
is explained in a proverbial manner, or if the objective is to impart advice through
it, just as there are numerous hypothetical stories that are reported in the
‘Mathnawi’ etc., to impart wisdom and counsel. Similarly, to explain and listen
to hypothetical incidents about rocks and stones etc., are also permissible,
like those which have been mentioned in the Gulistan of Hazrat Sheikh Sa’adi علیہ الرحمہ
in which he says: گلے
خوشبوئے در حمام روزے الخ۔
Law: The Arabic Language
the most exalted of all languages. This is the language of our Master Hazrat
Muhammad صلَّی
اللہ تعالٰی علیہ وسلَّم, The Holy Qur’an was
revealed in Arabic and the Dwellers of Jannat will converse in Arabic. One who
learns it and one who teaches it to others will attain reward (for doing so). [Durr-e-Mukhtar]
That which has been mentioned above is only being mentioned in regards
to the language. A Muslim should himself realise how important it is for him to
learn this language. The Qur’an, Hadith and all the Principles and Branches (of
Jurisprudence etc.) are in this language. Ignorance of this language is a
serious weakness, and is the cause of being deprived of so much.
Law: If a women was sent
off as a bride and the ladies inform (the groom) that she is his wife, then for
him to be intimate with her is permissible, even though he does not personally
recognise (know) her. [Durr-e-Mukhtar]
The same applies to the woman that was adorned as the bride and sent
into his room by the ladies on the night of his marriage. Even though he does
not recognise her, but ‘Watee’ (sexual intimacy) with her is permissible. In
this case, he recognises her by means of her special and particular appearance
and adornment etc. This is evidence (that she is the bride), because another
women will never be sent forth in this manner.
Law: If a person owes you
something and he is not paying it back, and you find something belonging to
him, which is of the same type which he owes you, then you may take possession
of it. In this matter, rupees and Ashrafis (i.e. currencies) are of the same
type (i.e. both currencies are money), so if he owed you rupees and you attained
possession of Ashrafis from him, then to take equivalent to that which is due
to you is allowed. [Durr-e-Mukhtar, Raddul Muhtar]
Law: It is Mustahab to
approach people with politeness, gentleness and cheerfulness when talking to
them, but it is important that it should not bring out any hypocrisy. When
speaking to a budmazhab (deviant), be sure not to speak to him in a manner
whereby he supposes that you agree with his views and that you do not regard his
views as corrupt, but you regard it as good[1].
[Alamgiri]
Law: If one rented out a
house and the tenant is residing in it, and the landlord wishes to visit the
house to inspect the condition, so that he may ascertain whether it needs any
attention. In such a case, he should take the permission of the tenant before
entering. He should not feel that because it is his property, there is no need
for him to seek permission (to enter). It must be noted that even though the
house belongs to him, someone else is residing in it. The reason for seeking
permission is on the basis of the tenant being a resident in it. [Alamgiri]
Law: When visiting a public
bath, wear a waistcloth when bathing. It is impermissible to be naked in the
presence of others. One is permitted to bathe without any clothes in a place
where there is no chance of being seen naked by anyone. Similarly, one may
bathe in a (huge) pond or in the river without any clothes, on condition that the
water is above waist height. [Alamgiri]
This is not permitted when the water is clear and there is some
other person nearby, because then his sight will fall upon the part of the body
which needs to be covered, so in such a case, it is also impermissible to be
naked in the water.
Law: It is permissible if
the people of the locality collected some funds for the Imam of the Musjid and
handed it to him, or if they used it to get some groceries (etc.) for his use.
This is regarded as permissible even by those, who regard performing Imamat for
a salary as being impermissible, because this is not a form of payment, but it
is a generous gesture, which should be practiced with such persons. [Durr-e-Mukhtar, Raddul Muhtar]
Law: It is disallowed for a
person who is a leader and Religious Head, to socialise with corrupt people and
with the Ahl-e-Baatil, and if he is polite to them, knowing that if he does not
do this, then they will oppress him (i.e. harm him), then there is no objection
to this, if he is not a well-known person. [Alamgiri]
Law: If someone has a
vicious pet dog that bites travellers (who pass by), then the people of the
locality have the right to kill it (i.e. to put it to sleep). If a cat causes
injury (i.e. harm), then it can be killed by slaughtering it swiftly with a
sharp knife. It should not be tormented to death. [Alamgiri]
Law: Locusts are halaal
creatures but can be killed for the purpose of eating. They can also be killed to
protect one from any loss or harm. If an ant caused some harm and one kills it,
there is no harm in this; otherwise, it is Makruh (i.e. an ant should not be
killed if it does not harm you). Lice can be killed even if it has not bitten
you, and to throw it into a fire to burn is Makruh. To pick off lice from ones
clothes or body and carelessly throw it somewhere is unethical behaviour. [Alamgiri]. To kill a
bedbug is permissible as it is a harmful creature.
Law: It is better for a
person who has shortage of wealth and many children not to write a bequest, and
if the heirs are wealthy and even two thirds of the wealth (property) will be
too much for them, then it is better to make Wasiyat of one third. [Durr-e-Mukhtar, Raddul Muhtar]
Law: It is Makruh for a
male to partake in the leftover food or water of a strange female and for a
female to partake in the leftover food or water of a strange male. There is no harm
in eating the leftovers of the wife or any Mahram. [Durr-e-Mukhtar, Raddul Muhtar]
It is only regarded as objectionable when it is done to derive pleasure.
If the objective is not to derive pleasure but to partake in it as Tabaruk
(i.e. because of its sacredness), like in the case of the food left by an Aalim
(i.e. a practicing steadfast Aalim) and a Peer who is firm in regards to the
matters of the Shariah. People usually partake in the food leftover by them to
attain blessings. There is no harm in this.
Law: If the wife does not
read her Namaaz, the husband is permitted to chastise her[2].
He is also allowed to do this if she does not adorn herself. He may also
chastise her if she leaves the home. [Durr-e-
Mukhtar, Alamgiri]
Law: Even though the wife
may be an obscene and sinful woman, it is not necessarily Waajib upon the man
to give her Talaaq. The same applies if a man is obscene. It is also not
necessarily waajib upon the wife to escape from him. However, if it is known
that both of them will not be able to live within the Limits stipulated by
Allah (i.e. there is fear of them transgressing the limitations), then in such
a case there is no harm in separating. [Durr-e-Mukhtar,
Raddul Muhtar]
Law: There is no objection
in securing a loan at the time of need, for as long as one has the intention of
repaying it. If one has the intention of not paying the loan back, then he is
partaking in Haraam, and if a person dies without paying it off, but he fully intended
to pay it, then there is hope that he will not be held accountable for this in
the hereafter. [Alamgiri]
Law: If one is liable for
something he owed to someone and the said person has vanished and his
whereabouts are not known, and one does not even know whether he is alive or
dead, then it is not waajib upon him to go from city to city searching for him.
[Alamgiri]
Law: The one who was owed
something has passed away and the debtor refuses to pay it, and even the heirs
were not able to acquire it from him. Then the reward of this will go to the
creditor, and not to his heirs, and if the debtor paid the debt to the heirs,
then he is relieved. [Alamgiri]
Law: If a person was liable
for a debt and he passed away, and his heirs did not have any knowledge of this
debt, so that they could fulfil it from his estate, and the heir (inheritor)
spent all of it, then (in such a case), the heir will not be held accountable
for the debt. However, if the heir knows that the deceased had a debt to pay,
then it becomes waajib (compulsory) upon him to pay off this debt, and if the heir
had knowledge of the debt, but forgot to pay it and thus did not clear the debt
due to this, then too he is not accountable in the hereafter. The same ruling
applies to that which is given as a deposit (trust). In other words, if he
forgot about it and did not return it to the rightful owner, he will not be
held accountable for this. [Alamgiri]
Law: The debtor and the
creditor were travelling together, when bandits accosted them. The debtor wants
to pay off his debt to the creditor at this very moment, so that the bandits
may snatch away the money (of the creditor), and he (the debtor) will be saved.
The question that arises here is whether the creditor has the right of refusing
to accept this money in the current circumstance, or is he under obligation to
accept it (even in such a circumstance)? Faqih Abul Laith رحمہ اللہ تعالٰی says that
the creditor may refuse to accept (the amount owed to him at this time). [Alamgiri]
Law: If someone says, ‘I
have usurped a particular item belonging to a certain person’. You should give
him five rupees (on my behalf). If he is not present, then it should be given
to his heirs and if there are no heirs, it should be given as ‘Khairaat’ (i.e.
Charity of Goodwill). If that person only has a wife and no other heir, and the
wife says that he owed me my dowry, and then the money can be given to her, otherwise
she should only be given one fourth. In other words, one rupee and twenty-five
cents, and this is in the case where the women says that he did not have any
children. [Alamgiri]
Law: If one fears a threat
to his life, wealth (property) and prestige (i.e. to his honour), and he (is
forced) to give a bribe. Alternatively, if something is due to him from
someone, which he will not be able to acquire without giving the bribe, and his
reason for giving the bribe is so that he may acquire what is rightfully his,
then to give this is permissible. In other words, the one who is giving it will
not be sinful (i.e. he is not held accountable), but the one who is soliciting (i.e.
taking) the bribe, will definitely be sinful. For him to accept (the bribe) is
not permissible. The similar ruling applies to those, from whom there is a
threat of abusive language being used; such as some hooligans and scoundrels
who think nothing of being vulgar to someone or embarrassing him in public. To
give something to such persons in order to protect your prestige and to silence
them, so as to avoid them from behaving in this manner, or to give something to
such poets, who if not given anything, tend to say strings of words consisting
of derogatory remarks, is allowed. [Durr-e-Mukhtar,
Raddul Muhtar]
Law: To give something to a
shepherd so that he may keep goats and sheep in your pasture at night. Thus
allowing the pastures to stay in order, is impermissible and a bribe, even
though these animals may be belonging to the shepherd. Even if there is no exchange
of anything (i.e. money etc.) it is still regarded as impermissible, because in
such instances, they are commonly given something. Thus, even though there is
no condition made that he should be given something, but it still falls within
the category of something that is conditional. One way of it becoming legal (permissible),
is to borrow the animals from the owner, and the owner should say to the shepherd
that he should let the animals graze in your pasture at night. Now, if you wish
to give something to the shepherd (in this instance) as a gesture of
generosity, then you may give something to him and this will not be regarded as
being impermissible. However, if the shepherd still demands something, even
after the owner tells him (what needs to be done), and he is not prepared to
leave the animals there for the night unless he is not given something, then
this is impermissible and a bribe. [Alamgiri]
Law: It is Makruh to
address the father by his name, as this is contrary to respectful etiquette.
Similarly, it is Makruh for the wife to address her husband by his name. [Durr-e-Mukhtar] Some
ignorant people are of the view that if the wife addresses her husband by his
name, it causes the Nikah to break this is incorrect. This has probably been
invented to prevent her from addressing her husband by his name, in fear that
it will lead to Talaaq.
Law: It is Makruh to wish
for death or to make dua for death, if it is being done due to some worldly hardship
or calamity. For example, if a person’s life is being spent in poverty, or if
he fears his enemy, or if he fears losing his wealth. If it is not for the
reasons mentioned, but he does this because the condition of the people has
become pathetic, and they are immersed in wrongdoings and he fears that he too
will become trapped in this sin, then to desire death (in such a circumstance)
is not Makruh. [Alamgiri]
Law: It is permissible to
leave your home and come outside during an earthquake. Similarly, if a wall is
unstable and it is about to fall over, then to run away from it is permissible.
[Alamgiri]
Law: It is not permissible
to flee from a place where there is an outbreak of plague. One should also not
go to such a place from some other place. The meaning of this is that if those
with weak Faith go to such a place and are afflicted by the plague, then they
will feel that this happened to them because of coming here, and if they had
not come, then why would they be afflicted by this calamity. (And) If he
survived because of fleeing (from such a place), then he will think that if he
were there, then he would not have survived. He would think that he survived
because of fleeing. In such a situation, it is disallowed to go to such a place
and to flee from such a place as well. These are the kind of things that are
commonly heard from the laymen during an outbreak of plague.
Now, if the persons Faith is strong and he knows well that only
that can happen which is in his destiny and he believes that no harm can come
to him by going to such a place and no benefit can come to him from merely
fleeing such a place. Then for such a person to go to such a place is
permissible and for him to leave such a place is also not objectionable, as
this will not be regarded as fleeing, and to leave is not absolutely forbidden
in the Hadith, but it has been mentioned that it is disallowed to flee.
Law: Dua-e-Maghfirat[3]
should not be made for an unbeliever under any circumstance. Dua for Hidaayat[4]
should be made for him. [Alamgiri]
Law: If a known unbeliever
died, but a Muslim gives testimony saying that he was a Muslim, then the
Janaazah Namaaz[5] of such a person will be
performed. Now, if a Muslim passes away, and one person testifies that he was a
murtad, he will not be classified as a murtad[6]
merely based on the statement of just one person, and his Janaazah Namaaz will
not be abandoned. [Alamgiri]
Law: If a bird built a nest
in a house and there are also hatchlings in it, and the bird droppings tend to
fall on the bedding and on the clothing, (then) even in this case, the nest
should not be destroyed and the bird should not be chased away. One should
rather wait until such time that the hatchlings grow a bit more and fly off. [Alamgiri]
Law: To talk during sexual
intercourse is Makruh (undesirable). One should not have any discussions (or
conversations) except when discussing those things which are virtuous, from the
time Fajr commences until the time of Fajr Namaaz, or rather until such time that
the sun does not rise. [Alamgiri]
Law: People regard the
month of Safar to be ill-fated (i.e. they regard this month unlucky). During
this month, they do not marry or have wedding festivities. They do not send
their daughters off to their husband’s homes as brides, and they also refrain
from doing other such things. They even avoid undertaking any journeys, especially
during the first thirteen days of Safar, which they regard as being extremely
ill-fated and these (days) are known as ‘Tera Tezee’. All these are expressions
of ignorance. It has been mentioned in the Hadith, that there is nothing about
Safar. In other words, it is incorrect for people to regard it as ill fated.
Similarly, many people even regard the month of Zil Qadah as being bad
(ill-fated) and they refer to it as, ‘Khaali ka Mahina’. This too is incorrect.
They also regard the following dates as ill fated in every month: 3rd, 8th,
13th, 18th, 23rd and 28th. This too is merely absurd and superstitious.
Law: The say that it is ill
fated to travel during ‘Qamr Dar Aqrab’, in other words, when the moon is in the
‘Burj Aqrab’. The astrologers also refer to it as ill fated days. They also say
that it is not good to cut material and sew clothing when the moon is in
Burj-e-Asad. Such views should never be accepted. These things are contrary to
the Shariah and are merely babblings of the astrologers.
Law: It is also against the
Shariah to take heed to the words of astrology where the effects of the stars
are mentioned, whereby it is said that if a certain star rises, then a certain
thing will happen. The same applies to calculating the constellations in the
path of the moon, by saying that a certain constellation will cause it to rain
etc. This is also incorrect. This has been strongly condemned and refuted in
the Hadith.
Law: The last Wednesday of
Safar is celebrated with much brilliance. People close their businesses (for
this purpose). They go visiting, sightseeing and hunting.
They also cook puris and take fresh baths and say that Rasoolullah صلَّی اللہ تعالٰی علیہ
وسلَّم performed Ghusl for recovery from his (worldly) illness on this day
and journeyed to the outskirts of Madina on that day. All such statements are
not authentic and have no source. Actually, during the time which is being
mentioned, Huzoor’s صلَّی اللہ تعالٰی علیہ وسلَّم illness
was very intense. Their words are contrary to the actual facts. Some people say
that we are afflicted by calamities on this day. They mention many other
(baseless) things. All of them are without any evidence. Actually, the words of
the Hadith: ‘There is nothing in Safar’ repels all these ridiculous notions.
Law: If a person harmed
another person and wishes to apologise to him and he knows that the other person
is still very angry and he will not accept his apology (i.e. he will not
forgive him), and on this basis, he delayed apologising. He is not regarded as
being exempted in this delay. An oppressor conveyed Salaam to the one being oppressed
continuously, and he also continued to reply to him, and he approached him with
kindness, until such time that the oppressor realised that the said person is
now pleased with him. This is not sufficient. He will still have to apologise
(sincerely). [Alamgiri]
Law: One should stand
whilst tying the turban and sit whilst putting on ones trouser. The one who
acts contrary to this, will be afflicted by an illness for which there is no
medicine (i.e. cure).
Law: When putting on
clothes, commence from the right side. In other words, first put on the right
sleeve or the right trouser leg and then the left.
Law: Do not use your
trouser as a pillow as this is contrary to proper etiquette. One should also
not use the Amama (Turban) as a pillow. [A’la
Hazrat]
Law: To use an ox as a
means of conveyance and to load goods on it, and to have a donkey pull a plough
is permissible. In other words, it is not necessary to only have an ox pull a
plough, and not to have any load placed on it, or to only load goods on a
donkey and not use it to pull the plough. [Durr-e-Mukhtar]
Law: When working an
animal, it is necessary to consider that you are not overworking it. It should
not be worked so intensely that it ends up in a problem. It should only be
loaded with the amount of goods it can manage to carry. It should only be
allowed to go up to a distance that it can comfortably reach. It should also
only be allowed to work for as long as it is capable to work. Some of those who
have horse driven carts and carriages, allow too many passengers to sit (in the
carriages), causing much discomfort to the horse, this is impermissible. It is
also important to note that the animal should not be beaten unnecessarily, and
the animal should never be hit on the head or the face under any circumstance,
as this is unanimously agreed as being impermissible.
To treat an animal badly is worse than treating a ‘Zimmi kaafir’ badly,
and to ill treat a Zimmi is worse than ill treating a Muslim (this is because
they are the responsibility of the Muslim state), because the animal does not
have any helper except for Allah. Who will save that poor creature from being
ill treated? [Durr-e-Mukhtar, Raddul Muhtar]
وَصَلَّی
اللہُ علٰی خَیْرِ خَلْقِہٖ مُحَمَّدٍ وَّاٰلِہٖ وَصَحْبِہٖ اَجْمَعِیْن
وَالْحَمْدُ لِلّٰہ رَبِّ الْعَالَمِیْن.
[1]
The meaning of this, is that when conversing with a budmazhab
(i.e. a non-Sunni), you should let him know that your views are contrary to
what he believes and that neither do you agree, nor do you prescribe to his
corrupt views and beliefs. In other words, you should make it very clear that
you have no religious affiliation or connection to him due to his corrupt Aqida.
[2]
The above mentioned law should not be misunderstood. This does not
give a person permission to beat up or abuse his wife or any other female.
Hitting or chastising here refers to cautioning by patting with the hand,
without causing injury or severe pain. Beating in Islam is totally unacceptable
and disallowed.
[3] Dua-e-Maghfirat means ‘Benediction for salvation’.
[4] Hidaayat refers to Guidance.
[5] Janaazah Namaaz refers to the Funeral Prayer.
[6] Murtad refers to an apostate.
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