Sunday, 7 September 2014

Bahaar-e-Shariat Volume 4 Blog Page 22

Law: ‘Watan’ (Home or Abode) is of two types:
1. Watan-e-Asli (a person’s real or permanent home).
2. Watan-e-Iqaamat (a person’s transient or temporary home).
1. Watan-e-Asli: refers to the place where he was born, or a place where his family lives, or a place where he has taken permanent residence, and it is a place from where he will now not go anywhere. [Alamgiri vol.1 pg. 145]
2. Watan-e-Iqaamat: refers to that place where a Musafir intends to stay for a period of 15 days or more. [Alamgiri vol.1 pg. 145]
Law: If a Musafir married somewhere and even though he does not intend staying there for 15 days, he is a Muqeem (there). If he has two wives in different cities, he will become Muqeem on reaching both cities. [Raddul Muhtar vol.1 pg.742]
Law: If a person’s Watan-e-Asli is at one place and he has now made another place his Watan. In this case, if he has children and family still living at the first place, then both are regarded as ‘Asli’ (Permanent), otherwise the first will no longer be regarded as the Asli, be this whether there is Masaafat-e-Safr (the legal distance required for a journey) between both places or not. [Durr-e-Mukhtar vol.1 pg.742]
Law: A Watan-e-Iqaamat causes another Watan-e-Iqaamat to become void. In other words, he stopped at one place with the intention of 15 days, and then went to another place and stopped with the intention of 15 days, then in this case the first is invalid and is not Watan anymore, be this whether there is a Masaafat-e-Safr between both or not. Likewise, the Watan-e-Iqaamat becomes baatil (invalid and void) by one entering his Watan-e-Asli or by embarking on a (further) journey. [Durr-e-Mukhtar vol.1 pg.743]
Law: If one took the people of his house and went to some other location, and in the first location his house and other belongings etc. are still there, then that too is regarded as Watan-e-Asli. [Alamgiri vol.1 pg.142]
Law: For Watan-e-Iqaamat it is not necessary that he took residence there after embarking on a journey of 3 days, but even if he took residence before completing the duration of the journey, it has become Watan-e-Iqaamat. [Alamgiri vol.1 pg.142; Durr-e-Mukhtar, Raddul Muhtar vol.1 pg.743]
Law: If the parents of one who is Baaligh (reached age of puberty) live in a certain city, and that city is not his birthplace, and neither are his family members living there (wife, children etc.), then such a place is not Watan-e-Asli for him. [Raddul Muhtar vol.1 pg.742]
Law: When a Musafir arrives at his Watan-e-Asli, his journey has come to an end, even if he does not make Niyyat of Iqaamat (residence). [Alamgiri vol.1 pg.142]
Law: If a female married and went to her in-laws and now lives there, then in this case her mother’s is no more regarded as her Watan-e-Asli. In other words, this applies if her in-laws are 3 Manzils away. If she visits her mother’s home from there and does not intend to stay for 15 days, she will perform Qasr, and if she has not seized living at her mother’s, but she is only temporarily at her in-laws home, then as soon as she returns to her mother’s, the journey will come to an end and she should perform her Namaaz in full there.
Law: For a female to embark on a journey without a Mahram for a journey of more than 3 days is impermissible, but for her to go on a journey of even one day (without a Mahram) is not permitted. She is also not permitted to embark on a journey with a Na-Baaligh or with a Ma’tuwa (one who is partially insane). It is necessary for her husband or Baaligh Mahram to travel with her. [Alamgiri vol.1 pg.142]
It is also necessary that the Mahram should not be someone who is a hardened Faasiq (sinner), one who speaks rudely, or a precarious person.
 

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