Allaamah Sayyid Thahthawie Hanafi (A.R) has written in ‘Hashiyatut Thahthawie’;

“The virtues of Miswaak which the Aimah have reported from Hadhrat Ali (RA), Hadhrat Abdullaah bin Abbaas (RA) and Hadhrat At’aa (A.R) are as follows;

1. Hold fast onto the Miswaak and do not be negligent regarding it. Be regular with its use as it earns the pleasure of ALLAAH Ta’ala.
2. The reward of Salaah increases by ninety-nine or by four hundred.
3. Regular use of the Miswaak makes ones Rizq (Sustenance) easier and increases its blessings.
4. It cures headache and calms the nerves; if a nerve is stationary then it brings it into motion or calms a pulsating nerve.
5. It reduces phlegm.
6. It strengthens the eyesight.
7. It cleans the intestines.
8. It improves eloquence in speech.
9. It increases energy.
10. It improves the memory and understanding.
11. It cleanses the heart.
12. It increases the performance of virtuous deeds.
13. It pleases the angels, who greet him on account of the radiance of his face.
14. When he exits the Masjid the angels follow him.
15. The Ambiyaa supplicate for his forgiveness.
16. Miswaak angers Shaytaan and wards him off.
17. It improves digestion.
18. It increases fertility.
19. It delays old age.
20. It removes excess heat from the body.
21. It strengthens the back.
22. It grants the body strength for Ibaadat (worship).
23. It eases the pangs of death and reminds one of the Kalimah at the time of death.
24. It results in one being awarded his Book of Deeds in his right hand on the Day of Qiyaamah.
25. One will cross the bridge of Siraat with the speed of lighting.
26. It causes the Qabr (grave) to be widened.
27. It grants ease in the Qabr (grave).
28. One who is habitual with using the Miswaak will be rewarded even when he forgets to use it.
29. The Doors of Jannat are opened for him.
30. The angels announce that he is the follower of the Ambiyaa.
31. He adheres to the Sunnat of the Ambiyaa.
32. The Day supplicates for his guidance.
33. The doors of Jahannam are closed for him.
34. He leaves this world purified from sin.
35. The angel of death takes the form of a friend when removing his soul and in some narrations it is mentioned takes the same form that he appears in when taking the souls of the Ambiyaa.
36. The greatest benefit of all is that the pleasure of ALLAAH is attained.1

Definition of Miswaak according to the Fuqahaa

The opinion of Hanafi scholars

السواك اسم لخشبة معينة للاستاك

“Miswaak is a specific wooden stick used to assist in brushing.”2

The opinion of the Maaliki scholars

سواك اى استياك بعود اراك او نحوه

“To brush the teeth with a wooden stick or similar is called Miswaak.”3

The opinion of the Shaafie scholars

استعمال عود او نحوه فى الاسنان و ما حولها لاذهاب التغيير ونحوه

“Using a wooden stick or similar item to remove the dirt, etc around the teeth is called Miswaak.”4

The opinion of the Hanbali scholars

السواك و المسواك اسم للعود الذى يتسوك به

“Siwaak and Miswaak is the name of the wooden stick with which the teeth are brushed.”

In all theses definitions the Fuqahaa are unanimous and it is proven that the use of a wooden stick to remove the foul odour of the mouth is called Miswaak. Removal of this odour is possible with any item that has the capability of clearing the teeth by scraping it.

What to observe when using a Miswaak?

In essence any branch can be used as a Miswaak as long as it is not harmful, such as when it is very small. “It has been said that any branch can be used as a Miswaak.”However there are some trees which contain beneficial properties and are therefore better to use as a Miswaak.

Those aspects which one should take note of when using a Miswaak are;

1) It should not be a poisonous tree.

2) The wood should not be hard.

3) It should not be a thorny tree.

4) It should not be a bitter tree.

5) It should be soft wood.

6) It should be moist wood.

7) It should be a straight branch.

8) It should be as thick as a finger.

9) It should be one hand span in length.

10) Its bristles should be made thin and softened.

11) It should be held in the right hand.

12) One should begin brushing from the right side.

13) The Miswaak should be washed before use.

14) The Miswaak should be washed after use.

15) It should not be sucked.

16) It should not be thrown away as ordinary things would.

17) The necessary Duas (supplications) should be recited while using it.

18) The Miswaak should be discarded once it is shorter than four fingers.

Times when Miswaak is Mustahab

‘Ghaayatul Idraak” claims that the times when using a Miswaak are Mustahab (preferable) are so numerous that it is impossible to list and explain them all. However this is an exaggeration and the majority of them actually refer to the same instance. We will now quote these instances in the same manner as he had listed it,

1) It is Sunnat to use the Miswaak while making Wudhu. It is mentioned in ‘Siraajuth Thullaam’ that Miswaak should be made in Wudhu as according to us it is of the Sunnats of Wudhu.

2) It is Sunnat to use the Miswaak when the mouth contains a foul odour. This is then divided into many categories the summary of which is that it is Sunnat to use the Miswaak after consuming or eating anything that may leave a foul odour in the mouth.

3) When one wakes as a foul odour emanates from the mouth after sleep.

4) When entering the home.

5) When meeting someone.

6) While reciting the Quraan.

7) While studying Hadeeth.

8) When the teeth are stained.

9) When beginning to talk especially after a long silence.

10) When rising for Tahajjud.

11) When a foul odour emanates from the teeth.

12) Before taking a bath.

13) Between each two Raqaats of Tahajjud Salaah.

14) Miswaak should be made repeatedly on the day of Jumu’ah.

15) Before sleeping

16) After Salaatul Witr.

17) At the time of Sehri.

18) When standing for Salaah.

و فى امدادالفتاح و ليس السواك من خصائص الوضوء فانها يستحب فى حالات منها تغير الفم والقيام من النوم و الى الصلوة و دخول البيت و اجتماع الناس و قراءة القران و الحديث لقول ابى حنيفة ان السواك من سنن الدين و يستوى فيه الاحوال كلها و قال عليه السلام السواك مطهرة للفم و مرضات للربّ

“It is written in ‘Imdaadul Fattaah’ that the use of Miswaak is not restricted to Wudhu only but is Mustahab in many situations such as when a foul odour emanates from the mouth, when awakening, when intending to perform Salaah, when entering the home, when meeting people, when reciting the Quraan or studying Hadeeth. This is also because Imaam Abu Hanifah (A.R) has stated that Miswaak is among the Sunnats of Deen and everytime is the same as the other. Rasulullaah  has said, “Miswaak purifies the mouth and earns the pleasure of ALLAAH.”

All the occasions mentioned above have been reported in various Ahaadeeth, the references of which can be found in reliable works of Fiqh. Since some of these occasions are obvious and do not need further investigation, to report the Hadeeth relating to each occasion would only unnecessarily lengthen this treatise. This is why we have sufficed with only a few. If each of these occasions were to be discussed in depth then this short sub-section would consist of more than a hundred pages. Nevertheless we should endeavour to make using the Miswaak a habit and remain steadfast upon the Sunnat of Rasulullaah (SAW) so that its rewards can be benefitted from. Each Sunnat has its own unique position and reward which can only be attained when one abides to it strictly. Those people who claim that it is merely a Sunnat and is therefore permissible to discard, will be told on the Day of Qiyaamah that this is a stage of Jannat and it is permissible for you to be deprived of it.

Ibn Qaasim bin Qusay (A.R) has clearly stated this in his book, ‘Dhal’ut Ta’alain’.

1 ‘Haashiyatut Thahthawie ala Maraaqiyul Falaah’

2 ‘Sharhul Inaayah alal Hidaayah’ by Imaam Akmaludeen Muhammad bin Mahmood al-Baabarti’, ‘Sharah Fathul Qadeer’ page 24

3 ‘Jawaahirul Ikleel’ volume 1 page 17

4 ‘Haashiyatul Jamal ala Sharhul Manhaj’ volume 1 page 116

Hereunder this servant of Allah states a few guidelines to recognise Bid’at: -
1.) Not to add: – e.g. Adhaan after burial or salami before Adhaan etc.

2.) Not to subtract: – e.g. 8 instead of 20 rakaats of taraweeh etc.

3.) Not to misplace: – e.g. to read the tasbeeh of ruku in sajdah etc.

4.) Not to call: – e.g. that which we term as ‘taaddi’, any ‘Mandoob’ act is good in itself but to call towards it will render it a Bid’at e.g. Quraan Tilaawat, congregational Zikr etc.

5.) Not to specify or put conditions: – e.g. when Shariat has left something open ended we have no right to place conditions, clauses, specifications or restrictions on it,
e.g. One can visit the graveyard at any time, now to state that one has to do so on this or that day or night is Bid’at.
Zikr is laudable, now to state that it has to be in unison is Bid’at.
To make ‘isale sawaab’ for the deceased is rewardable but to specify date, time, place is Bid’at.

6.) Not to compel others: – which we term as ‘iltezaam’, for one to decide and recite daily 1 juz of Quraan is excellent but one cannot make this ‘mubah’ action compulsory on someone else, no sooner one does this it turns to Bid’at.

7.) Not to overrate an activity e.g. to take ‘ba’it’ to a Shaikh is Sunnat Ghair Muakkidah i.e. Mustahab and good, preferable, but to state that it is Fardh, Waajib or Sunnat is over-stepping the jurisprudic perimeters thus Bid’at.

8.) One must know that the ‘tafaroodat’(exceptions) of the scholars or Ahle Tasawwuf should not be classified as main stream of Islaam and one should not adhere to these otherwise a very strange form of Shariat will emerge. Thus certain practices of the Ahle Tasawwuf should be put into this category to award confusion amongst the masses.

9.) At a particular time a pious personality did an action. Now people grip upon this as proof of justification, whereas it is the standard basic accepted rule in Shariat that the speech, action, statement, Ilhaam, inspiration or dream of a pious person is not proof in Shariat. Thus the laws of Shari, valid, jurisprudence must be given preference over the actions of pious personalities.

10.) Some pious personalities, during the latter part of their lives, performed some actions due to a ‘haal’ ecstatic condition. This will not be regarded as Shariat, and should be regarded as an exception to the rule.

11.) The idea and concept that the Masjid becomes a ‘Khanqah’ as and when one feels like is a completely fallacious theory having no legs to stand on.

12.) Bid’at changes from place to place, not Sunnat actions.

13.) Deen is not customs, rituals and civilisations norms.

14.) Deen is complete, if we add then we are indirectly stating that Nabi (SAW) did not deliver completely.

15.) To specify when the Shariat has not done so e.g. it has been established to adorn a Turban in Shariat – Now to insist it has to be brown, green, black, white or chocolate in color is an innovation. (To be continued)

Question:What is the esteemed opinion of the Ulama-e-Kiraam regarding the now customary gathering of people in the Musaajid on the nights of the two Eids, 15th Sha’baan, the last ten nights of Ramadhaan and other auspicious nights, to recite Qur`aan Majeed, make Thikr, etc. ? Some Musaajid even make special arrangements for the delivering of lectures on these nights. What is the Shar`i status of these actions?

Answer: There are three scenarios regarding the performance of Ibaadat in the Musaajid on these nights:

1). This is when people come to the Musjid informally without any special arrangement, and engage in tilaawat, Thikr, etc. This is permissible, but it is more meritorious and rewarding to perform Nafl Salaat and make tilaawat at home. In fact, there is even more reward to perform these acts of Ibaadat at home than in Musjid-e-Haraam (Makkah Mukarramah) and in Musjid-e-Nabawi (sallallahu alaihi wasallam). In this regard, it is stated in a hadith, “It is reported from Zaid bin Thaabit (radhiallahu anhu) that Nabi (sallallahu alayhi wasallam) said, ‘The (Nafl) Salaat of a person in his home is more rewarding than his Salaat in my (this) Musjid, except The Maktoobah (Fardh Salaats).’” [Abu Dawood]

“It is also reported from him that Nabi (sallallahu alayhi wasallam) said, ‘The best Salaat, is the Salaat of a man in his home, except The Maktoobah.”[Narrated by all besides Ibn Majah-Nailil Autaar]

2).This is when special arrangements are made for coming to the Musjid. This is a bid`ah. The reason for this is that when special arrangements are made for coming to the Musjid for Nafl Salaat, it implies a greater reward for its performance, and this is tantamount to altering the Shariah. This is in clear conflict to the blessed words of Nabi (sallallahu alayhi wasallam) who clearly stated that there is greater reward in performing Nafl Salaat at home as opposed to the Musjid.

3). When special arrangements are made on the auspicious nights, where people gather at the Musaajid to either perform extra Nafl Salaat or where a lecture is given, are also acts of Bid`ah. The gravity and evil of this Bid`ah is even greater than the previous one (i.e. No.2 above). The one evil is as outlined above. The second evil is that Nafl acts of Ibaadat are executed in congregational form, which is prohibited in the Shariah.

Some people complain that there are too many distractions at the home, where the children make a noise, etc. which prevents proper concentration and meditation. This is a shaitaani deception. The actual import of khushoo’ (concentration and meditation) is to execute the Ibaadaat in accordance with the Sunnat. When an act of Ibaadat is carried out in accordance to the Sunnat, then Khushoo’ and khudhoo’ is also accomplished. If the act is carried out contrary to the Sunnat, then regardless of what concentration there is, it will not be regarded as khushoo’. It is worth considering that our Nabi (sallallahu alayhi wasallam) executed his Tahajjud and other Nafl Salaats with great diligence and consistency at home and he also regarded this performance at the home to be more meritorious than in a Musjid. Today, we say that we cannot find concentration and khushoo’ at home! This is clearly a shaitaani deception. It is reported in the Ahaadith that Nabi (sallallahu alayhi wasallam) used to perform his Nafl Salaat in his room, whilst Hadhrat Aishah (radhiallahu anha) had her feet stretched out beside him. When he (sallallahu alaihi wasallam) would make Sajdah then he would touch her feet whereafter she would move it aside. When Nabi (sallallahu alayhi wasallam) would stand up for the second Rakaat, then Hadhrat Aishah (radhiallahu anha) would once again stretch out her feet. The nights were dark; there was no lamp, the room was so small that if one person was lying down, there was barely space for another to make Sajdah comfortably. The Musjid was so close to this room, that as soon as one stepped out of the room, one would be stepping into the Musjid. And then also, we are referring here to none other than Musjid-e-Nabawi (sallallahu alaihi wasallam), whose great virtue is well-known. Notwithstanding this, the blessed action of our great Benefactor (sallallahu alaihi wasallam), was that he preferred to perform his Nafl Salaat in his room, instead of the Musjid (owing to the greater virtue of performing Nafl at home).

Besides this, people aver that if Salaat is performed in isolation at home, then sleep overcomes one faster than if it were performed in the Musjid in congregation or if one is listening to some lecture in the Musjid. In this congregational form, they say, there is greater chance of engaging in many forms of Ibaadat with more ease than doing it at home, where one will barely be able to achieve even half of what can be executed at the Musjid.

Understand well! The objective of making Ibaadat does not lie in its quantity. The entire reward and objective of Ibaadat is based on its manner of fulfilment. That little Ibaadat which is carried out in accordance to the Sunnat is countless times more beneficial and rewarding than that which is done contrary to the Sunnat. The Sunnat method is this that as long as one’s disposition (health, alertness, etc.) allows, one should engage in Nafl Ibaadat, and as soon as one becomes tired and sleepy, then rest should be taken. In this regard it is reported in a Hadith, “Hadhrat Anas (radhiallahu anhu) reports that Nabi (sallallahu alayhi wasallam) once entered the Musjid and found a rope tied between two pillars. He asked, ‘What is (the meaning of) this?’ The Sahaabah (radhiallahu anhum) replied, ‘This is for Zainub. When she gets tired (whilst performing Nafl Salaat), she leans on it and it give her support.’ He said, ‘Untie it! You should perform (Nafl) Salaat whilst alert, and when you get tired or sleepy, then take rest.’” In another Hadith it is stated, “Then you should sit down.” [Muslim]

“It is also reported from Hadhrat Aishah (radhiallahu anha) who said, ‘Rasulullah (sallallahu alayhi wasallam) once came to me whilst there was some lady with me. He asked, ‘Who is this?’ I replied, ‘This lady does not sleep, she (continuously) makes Salaat.’ He said, ‘That much (ibaadat) is binding on you, which you are able to carry out. I take an oath in Allaah Ta’ala’s Name that Allaah does not tire when you tire, and the best (path in) Deen for you is that upon which you are constant.’ It is reported in another Hadith from Aishah (radhiallahu anha), ‘Take from acts of Ibaadat that which you are able to carry out, I take an oath in the Name of Allaah Ta`ala, Allaah does not get tired when you get tired.’”[Sheikhain]

And Allaah Ta`ala knows best.

Addition by Mufti Elias:

Moreover these days the matter worsens when there is extensive “Taadihi” (Calling) which is not proven in the Shariat. This “Calling” which establishes its ‘Bidat’ status is done via posters, leaflets, Radio and T.V. announcements.
Further congregational night vigils are not also proven in the Shariat. In fact according to the Hanafi Scholars congregational Nafl Salaat is Makrooh Taharimi.
Further – these night gatherings in the Masjids eventually lead to waste of time in feeding procedures and totally unnecessary groupings of gossiping, backbiting, and slandering, also in many instances promoting personality projection and over lauding of ‘heroes’.
One should rather properly execute those actions which conform to the Shariat; although it be better than indulging in superficial quantity which is contrary to Shariat and tantamount to Bidat.
May Allaah Ta’ala protect us in these times when bidat is promoted under the guise of gaining proximity to Allaah Ta’ala.

P.S. Read, circulate and print.

Above references (Fatawa Mehmoodia of My Ustaad Hazrat Moulana Mufti Mehmoodul Hasan Gangohi Vol 2 Pg 350 till 357)

All Praise be to Allaah (SWT) who has blessed us with a Deen wherein small actions reap tremendous rewards as expounded by His Beloved Rasul, Hadhrat Muhammad (SAW), and by the blessed Sahaabah (RA) who spent everything for the upliftment of the Deen.
Several Ahaadith extol the tremendous merits of this occasion. Amongst them is the fact that countless people are forgiven by Allaah (SWT) during this blessed night. It is due to this reason that it is called “The night of Baraat” (i.e. the night wherein judgement of exemption from Jahannum and punishment is passed).
However, it should be borne in mind that a vast majority of narrations describing the benefits and virtues of this night are in fact quite weak.

The foundations of the Shariah are the Quraan, the Sunnat and the lives of the Sahaabah (RA)

Moulana Yusuf Binouri (R.A) says: “I have not come across any Sahih, Marfoo and Musnad Hadith regarding the excellence of the night.” (Ma’aarifus Sunna, Vol 5, Page 419)
Some of the pious predecessors used to specially devote this night for Salaat (Faydhul Qadeer Vol 2 Page 317).

UNFORTUNATE PEOPLE

It is understood from Ahaadith that even on this night, some are deprived of Allaah’s forgiveness.They are:
1. Idolaters
2. Those who harbour enmity against others
3. Those who consume alcohol
4. Those who disobey their parents
5. Those who wear their trousers, kurtas, lungis etc, below their ankles
6. Those who commit adultery and murders
7. Those who sever family ties.
From the above, we can gauge the severity of these sins and need to perpetually abstain from them as they are so grave that even when Allaah (SWT’s) Mercy comes to the fore, they still pose an obstacle to forgiveness.

SPECIAL VIRTUES OF THE NIGHT OF BARAAT

The special virtues of the night of Baraat are:
1. Contrary to other nights wherein Allaah (SWT) descends to the lowest Heaven to bestow His special blessings during the last third of the night, on the night of Baraat the special rain of mercy and forgiveness from Allaah (SWT) begins to shower down right from the beginning of the night and continues up till dawn.
2. The Sins of countless people are pardoned. Furthermore, the number of pronouncements seeking out those who want forgiveness supersede those which occur on other nights. [Hafiz Zayud-deen Iraqi, Faydhul Qadeer, vol 2, pg 317].
It should be remembered that while the narrations regarding the night of Baraat are weak, the narrations regarding Allaah (SWT’s) descending to the nearest Heaven during the last third of every night are totally correct.

VISITING THE GRAVESIDE ON THE NIGHT OF BARAAT

Rasulullaah (SAW’s) awakening during any night and visiting the graveyards is recorded in some previously mentioned Ahaadith. However, visiting of the graveyard is not a special characteristic of this night in particular. It is proven from another authentic narration that Rasulullaah (SAW) used to visit the graveyard during the last portion of every night.

NO SPECIFIC PRESCRIBED SALAAT RESERVED FOR THE NIGHT OF BARAAT.

Allama Anwar Shah Kashmiri (R.A.) has written regarding the matter that the significance of the night of Baraat is proven. There is however, no proof for those weak and unacceptable narrations mentioned in certain books. [Alarfus-Shazi, pg 156].
Mulla Ali Qadri has discussed this matter under a special chapter regarding the prescribed Salaat’s of the night of Baraat. After mentioning these Salaat’s, he declares them to be unfounded and therefore in the fourth century in Baitul-Muqaddas and thereafter Ahaadith were fabricated in order to support these baseless formulae. [Mowdhu’aatte-Kabeer, pg 330, Beirut edition, also Tadhkiratul-Mowdhu’aat of Farrbi, pg 45].
FASTING ON THE FIFTEENTH OF SHABAAN IS NOT ESTABLISHED FROM HADITH.

Some people believe the misconception that fasting on the fifteenth of Shabaan is Sunnat.

FASTING DURING THE MONTH OF SHABAAN IS SUNNAT AND A CLEARLY ESTABLISHED PRACTICE OF THE SHARI’AH

Fasting in the month of Shabaan, without the stipulation of any day, is proven from Rasulullaah (SAW). In fact, he used to fast excessively during this month.

THE NIGHT OF BARAAT AND QUR’AAN

Has the night of BARAAT been mentioned in the Qur’aan? The most correct opinion is that the night of Baraat has not been mentioned in the Qur’aan.
Hafiz Ibnu-Katheer writes that those like Ikramah who have explained the “blessed night’ in the Qur’aan as the night of Baraat are very distant from the correct interpretation. [Ma'arisfus-Sunan, vol 5, pg 420].

IS SUSTENANCE, LIFE AND DEATH DECIDED ON THIS NIGHT?

Qazi Abubakr bin Arabi writes that there is no reliable Hadith regarding the fifteenth of Shabaan from which it may be understood that sustenance, life and death are decided on that night. He has even gone so far as to say that there is no reliable narration concerning this night being the blessed one. [Ma'ariful Qur'aan, vol 7, pg 757].
It has been established from the Qur’aan that these decisions are passed to the Angels on Laylatul Qadr and not on the night of Baraat.

SOME STRANGE AND INNOVATIVE PRACTICES ASSOCIATED WITH SHABE-BARAAT

The occasion of Shabe-Baraat has become synonymous with some baseless beliefs and practices.
1. Burning lights and candles.
2. Preparing of Sweetmeats.
3. Souls Visit Families.
4. Distribution of Food.
5. Hadith on Rajab, Shabaan and Ramadaan: Some people quote the following narration in their lectures. Some people quote the following narration in their lectures: Rasulullaah (SAW) said: “Rajab is Allaah’s month, Shabaan is my month and Ramadaan if the month of my Ummah.” It should be noted that this “Hadith” is a fabrication. [Akhbaare-Modhoo', pg 329].
Rasulullaah (SAW) said: “Rajab is Allaah’s month, Shabaan is my month and Ramadaan if the month of my Ummah.” It should be noted that this “Hadith” is a fabrication. [Akhbaare-Modhoo', pg 329].

OTHER ACTIONS WHICH ARE THE RESULT OF MISINFORMATION

On these nights, in many Masaajids:
1. Congregational Yaseen Khathams are held.
2. Congregational Zikr sessions are held.
3. Congregational recitation of Salaat wa Salaam are held.
4. One person recites the 40 Durood etc. whilst others listen.
5. Individual Quraan recitations takes place.
6. Delivery of Lectures in the Masjid on the night.
All the above are NOT proven in the Shariat of Islaam.
For more information go to our web site: www.alislam.co

Women are different from men.

In the light of Shariat, the following list contains duties and rights which are the sole right of the man and not of the woman.

Nabuwat,

Azaan,

Iqamat,

Jumuah Khutba,

Eid Khutba,

Imamaat,

Deputy Imam,

Marriage Agent,

War Amir,

Deputy Ruler,

Haj Amir,

as Delegate,

as Khalifa,

Jihaad,

Jamaat salaat and

divorce

Moreover: ‑

1. Male Imam: The man’s salaat is invalid if he follows a woman.

2. Equality: It appears in Fatawa Qazi Khan that when the wife performs salaat with her husband at home, it is not permissible for her feet to be placed parallel with those of the husband. In Muheet it is stated that the salaat is invalid.

“Put them in the back just as Allah has put them in the back”,-Ibn Masood.

3. Deputy: If a Woman were to deputise as Imam the salaat of all the Muqtadees would be invalid.

4. The responsibility to announce that idol worshippers would not be allowed to perform Haj was given to the man and not woman.

5. Pact: Any pact or negotiation between the Muslims and others was done by the male delegates and not females.

6. Men are rulers: It is the responsibility of the men to caution, teach, aid, protect, guide, culture, admonish the women. It is his responsibility to provide a dwelling for her to stay in and arrange for food and maintenance so that she does not have to leave her home. (Akhame Quran:Vol.2,p.229);under the verse “Men are rulers over women…” we learn that;

(a) Men have a superior status when compared to women,

(b) Men must teach culture and etiquette to women,

(c) Men have the duty according to Shariat to keep the women at home and not allow her to go outside,

(d) It is necessary for a woman to be obedient and to listen to the man’s orders as long as he does not instruct her to commit sin,

(e) It is essential (wajib) in the light of the Shariat for the man to maintain and provide for the woman.

7. Imitation: That which is specific to men remains so and imitation of these things invokes the curse of Allah. Allah curses those men who imitate women and curses those women who imitate men.

8. Warning against electing women as leaders: Abu Huraira (R.A) narrates that the Rasul of Allah (S.A.W.) said that when your rulers are good people and when your wealthy are generous and when you resolve your matters by mutual consultations then to be on the surface of the earth is better than to be inside (dead),when your rulers are evil people and the wealthy are misers and when your matters are with your women, then the inside of the earth is better than the surface (better to be dead than alive).

9. Admonish: The man has the right to admonish the woman by light beating when necessary and some juroconsults(fuqahaa) learned in Islamic Law say he can do so if she; swears the man, tears his clothing, grips his beard, calls him a fool or donkey, curses him with or without swearing in colloquial words, swears at a stranger, opens her face in front of a ghair maharam (one whom she can marry),speaks to a stranger or speaks hastily with her husband or due to quarrelling raises her voice so much that strangers can hear.

10. In an Islamic state it is the Haqq (right‑duty) of the ruler to lead the funeral prayer (salaat‑e‑janaza) of the subject. The female is not allowed to lead this prayer.

11. In order to fulfill an important obligation such as Haj, the female can not go alone and requires a maharam (one whom she cannot marry) to accompany her. If a maharam is not

available she is not allowed to go.

12. The rule of non‑muslim rulers is no proof that Muslim women can become rulers, as was the case of the Queen of Sheeba.

13. Moreover the rule of a Muslim woman in a Muslim State does not alter the law but displays disobedience to the divine law.

14. Women cannot become witnesses in cases where Islamic Law of punishment is to be meted out.

15. In affairs of dealing and transacting females cannot trade alone without the presence of males.

16. In the absence of one male witness, two females are needed, one will not suffice.

17. A woman is not able to read Salaat or Quran whenever she experiences her monthly periods or post‑nuptial blood discharge.

18. A female cannot become a judge in cases which pertain to Islamic Law of punishment.

19. A woman cannot attend funeral processions.

20. During her monthly periods and pregnancy days she undergoes such emotional set‑backs which influences practically all her decisions.

21. A woman cannot enter masaajid when she is not pure, free from haiz and nifaaz,etc.

22. A women cannot visit the graveyard.

In Islam everyone, men and women, have a role to play in life, with particular responsibilities accompanying each one.

There is no total freedom and no total equality. However, these realities do not prevent persons of talent granting benefit to the society as a whole.

The Prophet said, “The woman is created from a crooked bone. She will not be straightened for you. If you enjoy her, you enjoy her curvature (crookedness). If you attempt to straighten her, you will break her and what breaks her is divorce.”

(Yalgin, al‑Bayt, p.84).

Allah says; “it is NOT for the true believers‑‑men and women to take their choice in their affairs if Allah and the Rasul decree otherwise. He that disobeys Allah and His Rasul strays far Indeed”. (33:36)

Was-Salaams

Mufti Elias

www.alislam.co.za

1. As yet there is no organisation, group and system in place to “forbid what is evil.”
2. The awareness and need of “offensive Jihaad” has not become a reality. We generally wake up when thousands are literally butchered, raped and made homeless.
3. Our infra- structure for combating the onslaught against Islaam as done by the various media are left alone, not in place, we have virtually no such mechanisms.
4. We must avoid the “holier than thou” attitude so that we can allow other Islaamic activities to flourish.
5. We use escape goats instead of good positive Islaamic activities to avoid payment of debts and to shirk off domestic, basic responsibility. By doing so, these good activities suffer.
6. We must fully realise that buying and selling, transactions, social activities, responsibilities and politics are part of Deen. Deen is not confined only to performance of Shariat in the Masjid. Deen is a complete way of life.
7. We must learn to accommodate each other whilst not compromising on the truth. So that brotherhood develops.
8. We require a reliable, proper “Correspondence Course” based on the way of the Ahle- Sunnat- wal -Jamaat.
9. We require expert personnel on the deviated sects. Some of these sects are in the fold of Islaam, whilst others claim to be in the fold but in reality never entered the fold Islaam.
10. We require our own financial institutes so that eventually one receives freedom from the I.M.F and World Bank.
11. We require financial organisations to render services to Muslim and Non- Muslims.
12. We require training centres as back-ups for reverts, so that we produce committed, devoted and sincere Muslims to go back and work in their respective lands.
13. We need literature in the language of the indigenous. We are the Ummat of Dawat. The message of peace must reach all.
14. We must avoid stating : “My peer is better than his/yours”, “My silsillah is better than his/yours”, “My service to Islaam is better than yours” so forth. This causes disunity.
15. We must work with each other not against each other.
16. We need to learn to the see the good in other activities besides our own and appreciate the need of other activities besides our own.
17. We must have a national and international peace-keeping force, to protect the life, dignity and property and honour of all mankind.
18. We must have as own national and international media infra structure.

Hadhrat Abdullaah ibn Mas`ood (radhiallahu anhu) said : “If any of you wish to follow in the footsteps of someone, then you should follow in the footsteps of those pious persons who had already passed away, because there is no guarantee that a living person will not fall into Fitnah. Those persons (who you should follow) are the companions of Nabi (sallallahu alaihi wasallam). They are the best of this Ummat. Their hearts were pure and they were very deep in knowledge. They were extremely forthright. Allaah Ta`ala had specially chosen them for the companionship of His Nabi. They were appointed for the establishment of this Deen. You should recognise their virtue and follow in their footsteps. Hold on firmly, upon whatever you have the ability to, from their character and habits, because surely they were guided aright. Narrated by Razeen” [Mishkaat, page 32, vol.1]
Conclusion :
When we widen our vision then we will realise how little we are doing and the necessity of doing more will then dawn upon us.

Know the bill is going to ‘regulate’ (change, modify, alter) the Shariat NOT ‘recognise’ (implement, enforce, apply) the Shariat.
1) Those that are pro the MMB in most cases have not even seen the Bill, physically or in their dreams, most have not even made Istilaam (touch by indication) of the Bill whilst, those few which have seen have not properly understood what they are heading towards.
2) Before taking a second wife or issuing a divorce one has “to inform all interested parties” that includes all in laws, all family members, domestic workers, feminist groups, gardeners, etc. See section 3 (6) of MMB.
3) Many have existed in the bill since its very inception. The government did effect some changes to the previous version.
4) All the other un-Islamic provisions remain unchanged. The current Bill has included them without modification.
5) The Law of Allaah Ta’ala is not related to majority support and majority acceptance.
6) If the entire world supports kufr, it will not become halaal.
7) The majority support will not transform kufr into Imaan.
8.) On the contrary, the courts are under constitutional obligation to interpret, adapt and develop customary or religious law to conform to the spirit and letter of the Constitution.
9) Currently the courts have absolutely no jurisdiction over Islaamic Marriages (Nikahs) since such marriages are non-existent in terms of South African law.
10) No Muslim has ever proceeded to a secular court in this country to obtain a decree of Faskh or Talaaq or to terminate his/her Islaamic Nikah.
11) The courts simply will not and can not pronounce on the validity or invalidity of Talaaq nor issue any decree of Faskh. But MMB is today aiming to cloak the Secular courts with this power which the Shariah vehemently rejects since a secular court has absolutely no wilaayat (jurisdiction) in matters of the Shariah.
12) When Muslims seek relief in secular courts, it invariably relates to monetary matters.
13) Even if a decree of a Secular court conforms to the Shariah, it remains invalid.
14) Since the secular court according to Islaam lacks wilaayat (Jurisdiction and Authority), and the imperative requisite for valid wilaayat is the treasure of Imaan which the non-Muslim judge lacks.
15) The decree of a Qaadhi (Islaamically Qualified Judge) can not be overturned by even the Constitutional Court. But when the MMB weapon is placed into the hands of the secular courts, they will have a free licence not only to issue baatil talaaq and faskh decrees, but to modify, adapt, and develop Shaar’i ahkaam in the light of the Constitution, and impose it on Muslims as ‘Muslim Personal Law’.
16) The Law of South Africa does not demand Muslims to abandon the Shariah in their matrimonial affairs.
17) With the MMB the Shariah will be adulterated as the courts will be empowered to interpret the Shariah with MMB in the light of the Constitution.
18) So when there is no Muslim Act of any sort in front of the court, the question of adapting and developing Islaamic Law is absurd.
19) It is naivety at its height to believe that MMB can override the constitutional rights of anyone notwithstanding any bilateral waiving contract.
20) The judges will be under constitutional obligation to render the Shariah subservient to the Constitution with their interpretation, adaptation and developing ordered by the Constitution.
21) The Law is not concerned with such rulings which the religiously-minded Muslims seek and submit to.
22) The courts have no right to intrude into our private religious domain.
23) MMB is thus the introduction of havoc for Muslims.
24) MMB itself in its present form does not display the distinct ethos, character and values of Islaam.
25) Currently, without the un-Islamic MMB, Muslims who desire the Islaamic system for their marriages are allowed by the Constitution the free choice to adopt the Shar’i system. There is no interference by the State.
26) Should MMB be legislated, then a plurality of wives via the sacred system of Nikah will be a criminal offence with a fine of R20,000 if the approval of the court is not acquired.
27) MMB does in fact introduce the gay/lesbian Family Advocate system into its fabric.
28) Is it really possible that the architects of the MMB have genuinely failed to understand the power of the courts to override Islaamic norms and values when these clash with the Constitution?
29) Presently there is no law to compel Muslims to be saddled with a Family Advocate.
30) When the Shariah is renounced, the logical consequence is to embrace haraam and kufr.
31) The secular Maintenance Act and the spirit and purport of the Constitution will determine the period of maintenance.
32) The stipulation of Muslim judge does not apply to the Supreme Court of Appeal. Whenever a High Court decree will be taken on Appeal to the Supreme Court there is no guarantee of the matter being decided upon by a Muslim Judge.
33) When a judge purports to be decreeing under the umbrella of MMB, the litigants believe that judgment will be decreed according to the Shariah.
34) The decree of the court will remain baatil (invalid) regardless of the presence and advice of Muslim assessors.
35) The wilaayat (jurisdiction) of a secular court is just not valid in terms of the Shariah.
36) MMB envisages do the contrary of implementation of the Shariah. They inhibit and prevent the implementation of the Shariah. Not, only inhibit and prevent, but adulterate the ahkaam and yield baatil effectssuch as invalid Talaaq, invalid Faskh, invalid Nikah (in the absence of a male Wali), invalid distribution of assets, invalid custody of minors, invalid formulation of rules by the non-Muslim cabinet minister, etc.
37) As far as the haraam regulations and penalties of MMB are concerned, Muslims themselves, are asking for their promulgation, not the government.
38) Being 18 years old is a compulsory requisite for the validity of nikah in terms of MMB.
39) The permission of guardians and or the non-Muslim minister/court is a vital requisite for the validity of nikah in terms of MMB.
40) It relates to nikah under MMB.
41) Now when a nikah is not valid, as it will be in MMB religion, then it follows that in terms of MMB the offspring of the union will be illegitimate in exactly the same way as it is currently on account of Muslim marriages being unrecognized.
42) Only a contract which conforms to the Shariah will be a nikah.
43) The non-Muslim minister/court may or may not declare the nikah valid. The final arbiter to decide whether the nikah is a “valid Muslim marriage” will be the non-Muslim cabinet minister.
44) In terms of MMB, a Molvi/Imaam/Sheikh who happens to be a marriage officer may not perform the nikah of a 17 year-old.
45) It is lamentable that despite being Ulama, they have miserably failed to understand the operation of the principle of the lesser of the two evils which applies only when a third halaal alternative is not available. In case of MMB, there was no compulsion by any authority to become a party of the Project Committee to transmogrify and destroy the Shariah.
46) In this haraam system, an Islaamic Will is not valid.
47) What happens to the parents, grandparents or the Maulana Sahib who refrains from informing the prospective spouses of their right to opt for haraam MMB? Section 6 (9)(c) states:
“The person facilitating the marriage referred to in paragraph (a) who fails to comply with the provisions of paragraph (b), is guilty of an offence and liable upon conviction to a fine not exceeding R20,000.”
48) The question which Muslims are asking is not: Why will it be necessary to register a talaaq? The question they are asking is: “Why fine a husband R20,000 or sentence him to jail if he has failed to register his Talaaq with the secular court which has no Shar’i status?” Section 9 (4)(a) of MMB states: “Any husband who knowingly and wilfully fails to register an irrevocable Talaq in accordance with subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding R20,000.”
49) Registration in terms of this provision is synonymous with validity. The Talaaq may not be registered because its validity is being contested.
50) MMB says that even if the husband confirms that he had issued Talaaq Baa-in, it will not be valid if the wife disputes it. The validity will depend on the ruling of Judge John in the secular court.
51) Secular courts have absolutely no power to issue decrees of Talaaq and Faskh regardless of the judge being a ‘Muslim’.
52) All the MMB provisions pertaining to division of assets are haraam.
53) The contention that MMB is the only viable option is utterly baseless.
54) If one opts for MMB, it will be the same as selecting community of property or ante nuptial contract with accrual. They are all the same un-Islamic breed.
55) All Muslims are advised to reject the MMB and to forward their objections to:-

THE MINISTER OF JUSTICE
c/o MR T.N. MATIBE
PRIVATE BAG X81
PRETORIA
0001

FAX 086 648 776
E-MAIL:TMatibe@justice.gov.za
56) Some say half a loaf is better than none. This is not even half a loaf; it is completely cancerous.
57) Others say, ‘let us at least get one foot in’. We say that if the foot was going into Jannat, Halaal and permissible, then let us go – but this is going to Jahannam, Haraam and non-permissible. Unfortunately, the impression given via the media and Radio, by compromising the truth, riding the defects that one is going into Jannat. What a shame!