Tuesday, March 29, 2016

Assalamolaikum, mera sawal ye hai k agar aik husband wife main larai rahti ho aur biwi har waqt talaq ka taqaza

Assalamolaikum, mera sawal ye hai k agar aik husband wife main larai rahti ho aur biwi har waqt talaq ka taqaza karti hai aur jab wo ye kahti hai k mujhe talaq de do main tumhare sath nhn rahna chahti, jis par khawand ye kahta hai k \"de chuka hon\" aur aik baar aisa bhi kaha k \"main tumhain talaq deta hon\", aur khawand ne doosri shadi ki koshish ki aur jahan shadi karna chahta hai unhin kaha k main apni biwi ko talaq de chuka hon aur hamari sharah talaq ho chuki hai. aik baar kisi aur ko bhi ye kaha k main apni biwi ko talaq de chuka hon. kya un ki talaq ho chuki hai? barai meharbani rahnumai farmayen. Jazak Allah
Answer:

Kia talaq lena jaiz hai by Mufti Muhammad Akmal

Assalam-O-Alaikum! mufti sb agr kisi admi ko pata chal jae k us ki bivi ne shadi se pehly kafi dafa zana kia hoa ha tu is sorat mien shohar ko kia karna chaea agr wo talaaq de deta ha tu us ko ghohna tu nahi hoga

Assalam-O-Alaikum! mufti sb agr kisi admi ko pata chal jae k us ki bivi ne shadi se pehly kafi dafa zana kia hoa ha tu is sorat mien shohar ko kia karna chaea agr wo talaaq de deta ha tu us ko ghohna tu nahi hoga?
Answer:

Monday, March 28, 2016

Wudu

Wudu

Q1.What special care should you take when making Wudu?
A1.You must with great care wash the skin above and below the lips, nails, eyes, the hair on eyelashes, eyebrows, the skin underneath jewellery and even the hole pierced in the nose. If a pinpoint of it is left dry then the Wudu will not count. If you fear that water will not pass easily over these areas, then it is better to remove such items. You should also wash your hands and feet very quickly without leaving those parts exposed for a long time. This speed should not omit any part to be washed thoroughly. Make your Wudu in a private place. Do not make Wudu in the presence of ghair-mahram, those whom Islam allows you to marry.

Tayammum

Tayammum

Q1.If you become clean from Haiz or Nifas (if bleeding stops) but have no access to water, can Tayammum be performed?
A1.Yes, in such circumstances one can make Tayammum and perform Salaah.
 

Question Answers about Prayers / Salaah

Prayers Salaah

Q1.How should you cover your body for Salaah?
A1.The body must be completely covered except for the face, the hands including the wrists, and feet below including the ankles.
  
Q2.How should the head be covered for Salaah?
A2.It is compulsory for you to cover your head and hair, the neck and the collar (throat). If you are wearing a very thin veil over your head such that the hair's shininess or color can be seen, then the Salaah will not be valid.
  
Q3.What happens if a small portion of a female's body is uncovered during Salaah?
A3.In all the parts that are compulsory to cover, if one part was uncovered and was less than a quarter in proportion, then the Salaah is valid. If the opened part is a quarter in size and one is able to cover it immediately, then too the Salaah is valid. If the part was uncovered for one (Rukn), meaning the time you could say (Subhan-Allah) three times, or was uncovered deliberately and whether it was covered again immediately, the Salaah is nullified.
  
Q4.What are the Aurat parts for a female?
A4.The entire body is the Aurat for a female, except for the face, both hands until the wrists and both feet until the ankles. This is split into thirty parts of the body. These parts are:
  1. The head, from the top of the head until the start of the neck
  2. The hair and its full length
  3. The right ear
  4. The left ear
  5. The neck (and throat)
  6. The right shoulder
  7. The left shoulder
  8. The top right arm including the elbow
  9. The top left arm including the elbow
  10. The bottom right arm (below the elbow including the wrist)
  11. The bottom left arm (below the elbow including the wrist)
  12. The chest, below the neck/throat up to the breasts
  13. Back of the right hand
  14. Back of the left hand
  15. The right breast
  16. The left breast
  17. The stomach, from below the breasts including the navel
  18. The upper back, meaning the other side of the chest
  19. Both armpits until the lower back
  20. The right hip
  21. The left hip
  22. The vagina
  23. The posterior
  24. The right thigh including the knees, the knee is not a separate part but is included
  25. The left thigh including the knees, the knee is not a separate part but is included
  26. Below the navel till the start of the pubic hair and the lower back, is all one Aurat.
  27. The right shin, from below the knee including the ankle
  28. The left shin, from below the knee including the ankle.
  29. The right base of the foot
  30. The left base of the foot.
Many Ulema have not included the back of the hands and the base of the feet as part of the Aurat.

Note: Although the woman's face is not an Aurat, it is still forbidden to expose it to foreign males or ghair-mahram, those whom Islam allows you to marry. It is also forbidden for foreign males to look at a female's face.
  
Q5.How should you stand on the Musallah (prayer mat) for Salaah?
A5.
  1. The feet must be together.
  2. The feet must be joined at the ankles.
  3. The face and the body must be towards the direction of the Qiblah.
  
Q6.When saying the Takbeer-e-Tahreemah or (Allahu Akbar), how high should the hands be raised?
A6.
  1. Lift your hands up to your shoulders in such a manner that they are in line with the shoulders, and say (Allahu Akbar) and begin the Salaah.
  2. The palms must be facing the Qiblah.
  3. Hands must be inside the Burqah (veil, robe) covering your head.
  
Q7.After saying the Takbeer-e-Tahreemah, where should you place your hands?
A7.
  1. Females should place their hands on their chest above the breast.
  2. The palm of the right hand should rest on the back of the left hand.
  3. The fingers of each hand should be kept well pressed that they touch one another.
  
Q8.4. How should the Ruku be done?
A8.
  1. When going into Ruku, you should bend just sufficient enough to let the fingers reach the knee.
  2. The arms should be pressed towards the body.
  3. The feet at the ankles should be joined together.
  4. The knees should be drawn close to each other so that they touch each other.
  
Q9.How should you perform the Sajdah?
A9.
  1. Sajdah should be performed in such a manner that the knees are first placed on the ground.
  2. Thereafter, the hands should be placed on the ground in a way that they will finally rest in line with the ears.
  3. The fingers should be well pressed together.
  4. Place your head between the two hands.
  5. While in Sajdah, both the nose and the forehead should touch the ground.
  6. The fingers and toes should all face the Qiblah.
  7. The feet should be kept straight but pointing outwards towards the right.
  8. The stomach and the armpits should be close to the body.
  9. The elbows should lie flat to the ground.
  10. The thigh should not be raised, but it should be in as flat as possible.
  11. The hips should not be raised and should be as close to the ground as possible.
  
Q10.How must you sit in the Jalsa position?
A10.
  1. You should sit on the buttocks - haunch.
  2. Spread both the feet towards the right side in such a manner that the right leg is over the left.
  3. Both hands should be placed on the thighs with the fingers joined to one another. The tips of the fingers should be close to the knees but not holding the knees or hanging over them.
  
Q11.Are women allowed to call out the Adhaan and Iqaamah for Salaah?
A11.It is Makrooh-e-Tahrimi (almost Haraam) for women to call the Adhaan or Iqamaah. If a woman calls the Adhaan, she will be sinful and the Adhaan will have to be repeated by a male.
  
Q12.When must a female not respond to the words of the Adhaan?
A12.It is not Waajib for a female who has Haiz or Nifas to reply to the Adhaan.
  
Q13.While the Adhaan is being called, what must one do?
A13.Whilst the Adhaan is being called, all talking, greeting and replying to the greeting should be stopped. All other work should be stopped. Cooking or cleaning of the house should be stopped. Even the recitation of the Quran should be stopped if the sound of Adhaan is heard. You should listen to it and reply to it. The same rule applies for Iqaamah. Those who remain busy in conversation will experience a bad death. If one is walking and if one hears the sound of Adhaan, then stop, listen to it and reply to it. The Hadith Shareef has reported great virtues for one who stops all work and listens to the Adhaan.
  
Q14.If a female who has Haiz or Nifas recited the verse of Sajdah, will it be binding on her to perform the Sajdah-e-Tilaawat?
A14.It would not be necessary for her to perform the Sajdah.
  
Q15.If a female who has Haiz or Nifas heard the verse of Sajdah, will it be necessary for her to perform the Sajdah-e-Tilaawat?
A15.It is not Waajib for her to perform the Sajdah-e-Tilaawat if she hears such verse

Ghusal Bath

Ghusal Bath

Q1.When is it obligatory for a female to make Ghusal?
A1.She should make Ghusal:-
  1. To become clean from menstrual period (Haiz).
  2. To become clean from blood after childbirth (Nifas).
  3. When a woman experiences a wet dream and has a discharge from her private parts.
  4. If a male has sexual intercourse with a female, bathing would be obligatory on both.
  
Q2.How should the body be washed in Ghusal?
A2.Every single part of the body must be washed. Make sure that the water reaches all parts of the body up to and including the soles of the feet. Ensure that every strand of hair and every pore is washed, because even if only one strand of hair or it's point equivalent remains dry, the Ghusal will not be valid.
  
Q3.What should you do if your hair is plaited?
A3.If your hair is plaited, you are excused from loosening your plaited hair but it is compulsory for you to wash the base of each and every strand of hair. If you fail to do this, then the Ghusl will not be valid. If a single strand of hair is left dry, Ghusl will not be valid. If you are unable to wet the very bottom of your plaited hair, then it is necessary for you to un-plait and wash your entire hair. It is recommended to open the plaited hair before Ghusal.
  
Q4.Are you allowed making Ghusal while wearing rings and ear-rings?
A4.No. All finger and ear-rings should be removed while bathing to allow water to pass onto the skin. There is fear that water will not pass easily over these areas if you do not remove them.
  
Q5.When making Ghusal, what is the rule if the nose is pierced?
A5.If the nose is pierced then the water must reach the hole in which the nose-ring was as this too is also necessary.
  
Q6.Is it permissible to make Ghusal with cutex on the nails?
A6.If any substances like cutex, flour, paint or gum is stuck on the skin or nails, it must be removed to allow water to pass on the skin and nails.
  
Q7.When should the hair from under the armpits be removed?
A7.One should remove all hair from under the armpits at least once a week. One should not delay the removal of hair for more than 40 days. The hair that is removed should be buried.
  
Q8.When should the hair (pubic hair) be removed from below the navel?
A8.One should remove unwanted hair at least once a week. This also should not be delayed for more than 40 days.

Age Of Adult

Age Of Adult

Q1.What is the age of becoming an adult?
A1.A female's age is at least nine and at the most fifteen years. A male?s age is at least twelve and fifteen years at the most. It is necessary to believe a fifteen year old as an adult according to Shari?ah whether or not they show signs of adulthood. Whether a person is a male or a female, once they reach the age of adolescence, all Salaah and fasts will become obligatory on them. Girls and boys should sleep apart from the age of ten.
 

Impurities

Impurities

Q1.Besides blood, urine, alcohol, etc. what other major impurities are there which you should be aware of?
A1.Menstrual flow (Haiz), blood from childbirth (Nifas) and blood discharge (Istihaza).
  
Q2.What happens if these impurities are discharged from your body?
A2.The Wudu and Ghusl will break.

Question/Answers about Nifas

Nifas

Q1.What is (Nifas)?
A1.Nifas is the blood that is discharged due to childbirth.
  
Q2.What is the time period for Nifas?
A2.The maximum time for Nifas is 40 days and nights.
  
Q3.What happens if the blood is discharged for more than 40 days?
A3.If this is the woman's first child, the full 40 days and nights is regarded as Nifas. If she cannot remember how long the blood was discharged from a previous childbirth, then the full 40 days and nights is regarded as Nifas. If she bleeds for more than 40 days and nights, it will be Istihaza.
  
Q4.What happens if the woman can remember the length of the last Nifas?
A4.She must regard that number of days that she previously had bleeding as her Nifas and anything more than those days (as long as the total goes over forty days) as Istihaza. For example, if her habit for Nifas is 30 days and this time the bleeding was for 45 days, then the 30 days is Nifas and the rest is Istihaza.
  
Q5.What happens if the woman bleeds for a few days and then the bleeding stops and continues after a few days? Will this still be taken as Nifas?
A5.If at times the blood is discharged and sometimes it stops and continues again, it is still taken as Nifas as long as it is all within the 40 days.

Note: If a woman after childbirth stops bleeding before 40 days, she is to make Nifas Ghusal and start performing her Salaah and not wait until 40 days to perform Ghusal. This is a common mistake women make.

Menstruation

Menstruation

Q1.What is (Haiz) or menstruation?
A1.When a female becomes a teenager, the blood that comes out from her private part (vagina) on a fixed time basis is known as menstruation or period (Haiz). A menstruating woman is not considered dirty or sinful, as is the case in some other religions and cultures. It is natural and normal for every girl from about nine to sixteen years of age to start menstruating. Another word for menstruation is "period". A female usually has a period every 28 days (once a month), but this cycle often varies from about 25 to 35 days, women have different patterns. A menstrual period usually lasts between three and six days, but may be a day or two longer. When one starts having periods they are often rather irregular. One may have one and then not have another for a few months. After a while they will probably settle down. Use a diary to mark down the days when one has one's period over the next six months and one may begin to see a pattern. A female should be able to work out the average length of time between periods, which will help her to know when to expect them. Once a female starts menstruating she is physically capable of having a baby. The cycle is repeated over and over again until about 54 years of age.
  
Q2.At what age does menstruation begin?
A2.Menstruation or period begins when you are at least nine years old. It ends when a woman is about fifty-five years old.
  
Q3.What happens just before a period?
A3.You may feel tense and irritable just before a period. Some girls feel tired and are unable to concentrate. Some feel weepy and depressed. Some girls get angry. It is normal to feel tired or even dizzy when your period is just starting or is at its heaviest. This is known as "PMS" or "Pre-menstrual syndrome".
  
Q4.Are you sick when you have a period?
A4.Definitely not. It is normal for all females to have them. Some girls get abdominal cramps, or a headache, or feel a little bloated at the beginning of a period, but this is perfectly normal and will disappear in a day or two. Period pains can be worse if you are worried and tense. Some girls try to hold on to the blood flow because they are worried about soiling their clothes.
  
Q5.How can you prevent your clothes from getting soiled when you have your periods?
A5.There are special soft, absorbent pads (sanitary towels), which fit on the inside of your panties, called sanitary pads. They absorb the blood. You can also use tampons, which are inserted into the vagina. If your blood flow is very heavy, you may find that a little blood leaks around the edges, so it can help to wear darker colored pants, which won't show the blood. Sometimes you will need to change your pads two or three times a day, but if it is heavy you will have to change every couple of hours.
  
Q6.What can you do if you have period pains?
A6.The best thing to do is relax, preferably in a warm place. If you are at home, curling up under the duvet with a hot water bottle and relaxing for a while can help. Some schools have a sick room to sit in or you can take a painkiller to help you relax.
  
Q7.What are the colors of menstruation?
A7.A period generally begins and ends with a slight, brownish discharge. In between, the blood becomes redder and the flow heavier. There are six colors of menstruation: black, red, green, yellow, brown and clayey. The white discharge is not menstruation.
  
Q8.How long does menstruation last?
A8.The time period for menstruation is at least three days and three nights, meaning a full seventy-two hours. The maximum is ten days and ten nights. Periods generally start light and are heavier for just a couple of days.
  
Q9.What is (Istihaza)?
A9.(Istihaza) is the blood that is discharged due to some illness.
  
Q10.If the blood is discharged before the age of nine years, is it regarded as Haiz or not?
A10.No. It is called Istihaza.
  
Q11.What happens if the blood stops just less than seventy-two hours?
A11.Then, it is not a period but Istihaza.
  
Q12.What happens if the blood flows for more than ten days?
A12.If this is the first instance that blood is discharged, then for the ten days it is regarded as menstruation and the rest it is Istihaza.
  
Q13.What happens in a case if the usual time for menstruation is five days, but the blood is discharged for ten days? Would all these days be regarded as menstruation or not?
A13.All the days are recognized as menstruation.
  
Q14.What happens in a case if the usual time for menstruation is five days, but the blood is discharged for twelve days? Would all these days be regarded as menstruation or not?
A14.The first five days is menstruation and the other seven is Istihaza.
  
Q15.What happens if there is no regular pattern in the menstrual cycle, for example, sometimes the blood is discharged for four days and sometimes for five days?
A15.Whatever amount of days was the last period, this will be counted on this occasion. It is not necessary that blood continue to be discharged all the time. If it starts and stops it is still recognized as menstruation.
  
Q16.Can you miss your period?
A16.Yes. You can also miss your period if you lose a lot of weight, are very stressed (for example, before exams), when traveling or during a family crisis, or if you are regularly involved in strenuous physical activity (for example, if you are an athlete) or hardworking.
  
Q17.What must you do with the pads that you used?
A17.You must dispose of it immediately and not store it under the bed or in the cupboard. Wrap them up well in paper and put them in the nearest bin. Only flush pads in the toilet as a last resort. Try to avoid this as it can clog the system.
  
Q18.What other changes take place in a girl's body?
A18.In the year or two before your periods start, you will have become aware of changes in your body. You will become more aware of your body. At the start of puberty, a girl often starts to grow very suddenly, both in height and weight. Her face becomes fuller, and her voice a little lower. Her breasts start to develop and pubic and underarm hair starts to grow. She will find that she perspires much more than she used to. If you are having any worries about periods or changes that are happening to your body, it helps if there is someone to talk to. Talk to your mother, an older sister, aunt or madressa teacher. You should not be ashamed or embarrassed to consult with them.

Rules of Haiz and Nifas

Rules of Haiz and Nifas

Q1.Can one perform Salaah or keep fast during Haiz and Nifas?
A1.It is Haraam to perform Salaah or keep fast whilst in Haiz or Nifas. When the Haiz or Nifas is completed, one must perform Ghusal without delay and offer your Salaah.
Q2.Must one make Qada for the missed Salaah during Haiz and Nifas?
A2.Salaah is forgiven in both these situations and there is no need to keep Qada for the missed Salaah.
Q3.Must one make Qada for the missed fasts during Haiz and Nifas?
A3.Yes. It is obligatory to keep the Qada of the fasts during both these situations.
Q4.What should you do during the times of Salaah?
A4.During the times of Salaah, you should perform Wudhu and recite the Durood Shareef or some other prayer for the duration of the Salaah. The reason for doing this is so that you will remain in the habit and not become lazy for Salaah or Ibaadah.
Q5.Are you allowed to read the Holy Quran in Haiz or Nifas?
A5.It is Haraam for you to recite the Holy Quran whether you look at it or recites it by heart. It is also Haraam for you to touch the Holy Quran, whether the whole of it or part of it. You are not even allowed to touch any verse with the tips of your fingers or any other part of the body. It is also Haraam for you to touch a piece of paper that has a verse of the Quran written on it.
Q6.During Haiz and Nifas, what are you allowed to recite and what are you not allowed to recite?
A6.It is Makrooh for you to recite the Du'a-e-Qunoot whilst in Haiz or Nifas. All other recitations, such as Tasbeehs, Du'as, Durood Shareefs, etc. are allowed without any problems except for the Holy Quran. It is also better for you to perform Wudu or wash the mouth before the recitation.
Q7.If a female, who is teaching the Holy Quran, has Haiz or Nifas, what should she do?
A7.She should teach each verse whilst breaking it into parts (breathing in between the words). There is no problem in spelling the verses for the student.
Q8.What should a fasting female do if her Haiz begins just before Maghrib or if a woman gives birth just before Maghrib?
A8.Her fast is nullified and she has to make up for that day (keep Qada) after Ramadaan.
Q9.What should you do if your menstrual flow has stopped anytime between sunrise and sunset in the month of Ramadaan?
A9.You should stop eating and drinking from that time until Maghrib (time of breaking fast). This, however, should not be considered as fasting as you have to make Qada for those days. This is only done in respect for the fasts and the sacred Month of Ramadaan.
Q10.Are females allowed to take contraceptive pills to prevent menstruation during Ramadaan?
A10.Yes, a female is allowed to take the pill to stop menstruation during Ramadaan as long as it does not endanger her health in any way. She should consult her parents or doctor for advice.
Q11.It is a belief by some people that a female in Haiz or Nifas is not allowed to cook, to serve the food, to sit anywhere in the house, to touch item, etc. Is this correct?
A11.No. This has no basis in Islam. This is all based on superstition and should be stopped.
Q12.If there is impurity such as blood on the clothing, how can it be cleaned?
A12.If the impurity is thick, such as blood, fasces, etc. then wash thoroughly at least three times and squeeze dry to make sure that it is clean of all impurities. However, if it takes four or five times to clean, then this must be done. If the impurity is cleaned off the first time it is Mustahab to clean it three times.

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Sunday, March 27, 2016

Tayammum Kay Fraiz

What is Bay’at/Bayah ?

What is Bay’at/Bayah ?

 In terms of Tasawwuf the act of assigning a person who is Sahih ul Aqeedah, knowledgeable, practising Muslim and spiritual personality as the guide or instructor to achieve spiritual progress and nearness of Allah عزوجل, is known as Bay’at.

Bay’at is just a recommended act (mustahab) and is not mandatory. But as it has been regular tradition that all the pious predecessors (Akabireen) have been taking bay’at, it is very much beneficial to give bay’at to a personality who has above mentioned virtues in him.

Bay’at can be taken hand in hand in a physical meeting or through letter, email, message or phone call as our beloved Prophet (may the peace & blessings of ALLAH be upon him) took bay’at from the companions in the physical meetings as well as sent letters for the Bay’at Al Islam i.e. oath of allegiance with Islam and it is not proven that all of them (to whom the letters were written) came to give bay’at hand in hand to the Prophet (may the peace & blessings of ALLAH be upon him). Similarly Beloved Prophet (may the peace & blessings of ALLAH be upon him) also took bay’at from the women keeping them in occultation which proves that it is not necessary for the disciple in front of Shaykh at the time of Bay’at.

An Adult doesn’t require permission of anyone for bay’at. Therefore neither there is a need for children to take permission of their parents nor for the wife to get permission of her husband. Similarly it is also not necessary for the children to choose same Shaykh or Silsilah which their parents had chosen.

Bay’at to a person who is not having true beliefs, commit sins in front of people or ignorant is not permissible. In the case someone has given bay’at to such kind of person, it must be broken.

Tayammum

Tayammum

Friday, March 25, 2016

Garib Ki Beti ko Mazak Mat Banao . - Video Dailymotion



Garib Ki Beti ko Mazak Mat Banao . by awaztoday-tv

اسلام میں عورت کا مقام


اسلام میں عورت کا مقام



اس کتاب میں آپ پڑھ سکیں گے : موت اور قبر، تدفین کے بعد کیا ہوتا ہے؟، قیامت کی بعض بڑی نشانیاں، اسلام کی بنیادیں، اسلام، سائنس اور صحت اور بہت کچھ ۔ ۔ ۔ آپ…
DAWATEISLAMI.NET

Thursday, March 24, 2016

Khawateen Ki Sehat

Khawateen Ki Sehat Urdu Book

Preface of Khawateen Ki Sehat

BRIEF INFORMATION ABOUT THE PDF
Book Name:Khawateen Ki Sehat
Writer:Doctor Samrin Farid
Language:Urdu
Format:Pdf
Size:8.06 MB
Pages:432
Click here to Download the Pdf Book
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Tuesday, March 22, 2016

Seerat e Syeda Fatima Zohra RadiAllahAnha

Fazail Syeda Fatima Zohra RadiAllahAnha








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juwayriya bint al-harith Umm al-Mu'mineen Hadrat Sayyidah Juwairiyah bint al-Harith Radi Allahu Anha

Hazrat Sayeda Juwairiyah Bint e Harith

Umm al-Mu'mineen Hadrat Sayyidah
Juwairiyah bint al-Harith Radi Allahu Anha


 
Sayyidah Juwairiyah bint Harith, may Allah be pleased with her, was a very charming, sweet and very beautiful lady. All who saw Sayyidah Juwairiyah (Radi Allahu Ta'ala Anha) were stunned by her exceptional beauty. Brought up as she had been in one of the foremost families of the time, she was not only beautiful but graceful, elegant and eloquent. Anyone who saw her could not help being captivated by her charm and pleasant demeanour. Her father was Harith ibn Abi Dirar, who was the chief of the Banu Mustaliq. When Sayyidah Ayesha (Radi Allahu Ta'ala Anha) first saw Sayyidah Juwairiyah (Radi Allahu Ta'ala Anha) she exclaimed that she was as beautiful as a fairy.

She married the beloved Prophet (Peace and Blessings of Allah be upon Him) in Sha'baan 5 A.H., when the beloved Prophet SallAllaho Alaihi wa Sallam was fifty-eight years old and she was twenty, not long after his marriage to Sayyidah Zainab bint Jahash. Before then she was married to Musaafi’ bin Safwaan who was not a Muslim and was killed in the very battle wherein she was captured.

Before her marriage to the Prophet (SallAllaho Alaihi wa Sallam) her name was Barrah, but beloved Prophet SallAllahu Alaihi wa Sallam changed it to Juwairiyah. Sayyidah Zainab bint Jahash, Zainab bint Umm Salamah and Maimoonah bint Harith Radi Allahu Ta'ala Anhunna were also named Barrah, but the beloved Prophet SallAllaho Alaihi wa Sallam changed their names as well.
 


Marriage of Sayyidah Juwairiyah bint Harith (Radi Allahu Ta'ala Anha):

News reached the Prophet (SallAllaho Alaihi wa Sallam) on Sha‘ban 2nd to the effect that the chief of Bani Al-Mustaliq, Al-Harith bin Dirar had mobilised his men, along with some Arabs, to attack Madinah al-Munawwarah. Buraidah bin al-Haseeb al-Aslami was immediately despatched to verify the reports. He had some words with Abi Dirar, who confirmed his intention of war. He later sent a reconnoiterer to explore the positions of the Muslims but he was captured and killed. The Prophet (SallAllaho Alaihi wa Sallam) summoned his men and ordered them to prepare for war. Before leaving, Sayyiduna Zaid bin Harith was mandated to see to the affairs of Madinah al-Munawwarah and dispose them. On hearing the advent of the Muslims, the disbelievers got frightened and the Arabs who were with them defected and ran away for their lives. Sayyiduna Abu Bakr as-Siddiq Radi Allahu Ta'ala Anhu was entrusted with the banner of the Emigrants, and that of the Helpers went to Sa‘d bin ‘Ubada. The two armies were stationed at a well called Muraisi. Arrow shooting went on for an hour, and then the Muslims rushed and engaged with the enemy in a battle that ended in full victory for the Muslims. Some men were killed, women and children of the disbelievers taken as captives, and a lot of booty fell to the lot of the Muslims. Only one Muslim was martyr by mistake by a Helper. Amongst the captives was Sayyidah Juwairiyah, daughter of Al-Harith, chief of the disbelievers.

It is written that after this battle the prisoners were distributed among the soldiers, and Juwairiyah (Radi Allahu Ta'ala Anha) fell to the lot of Thaabit bin Qais (or his cousin, according to some reports). Her father took along a number of camels as ransom for his daughter, hoping to buy her freedom. As he was on his way to Sayyiduna Rasoolullah (SallAllahu Alaihi wa Sallam), he decided to keep back two camels that he liked. So he hide the two camels in a valley just outside Madina Munawwarah and continued with the rest. When he arrived in the presence of Sayyiduna Rasoolullah (SallAllahu Alaihi wa Sallam) he presented the camels and asked that these be accepted in lieu of his daughter’s freedom. The Messenger of Allah (SallAllahu Alaihi wa Sallam) asked him: “And what about the two camels you hid in the valley?!?!” Haarith was totally flabbergasted. Immediately he uttered the Shahaadha and entered Islam, admitting that none besides Allah could have given information to the Messenger about these camels.

Meanwhile, Sayyidah Juwairiayh had made an agreement with her new master Thaabit to pay for her freedom. This was the famous Mukaatabat Contract in Islam in terms of which slaves could work and buy their freedom for a fixed sum of money. However, Juwairyah had no intention of working for her freedom. She had a better idea. She asked to see Rasoolullah (SallAllahu Alaihi wa Sallam).

In fact, she demanded to see the Prophet Muhammad, with the intention of asking him to help her with the ransom money. At that time The Messenger of Allah was in the house of Sayyidah Ayesha (Radi Allahu Ta'ala Anha). She was permitted to see the Prophet (Peace and Blessings of Allah be upon Him) and was taken to him while he was with Sayyidah A'isha. After she had finished speaking, the Prophet thought for a moment, and then said, "Shall I tell you what would be better than this?"  She said, “And what is that Our Messenger of Allah?” He replied: “I pay your freedom money, and you marry me.”

Moved deeply by this unexpected elevation in her status, she exclaimed she would be more than happy to accept. She was freed, and swearing allegiance to Islam, she married the beloved Prophet (SallAllaho Alaihi wa Sallam). Although Juwairiyah was young and beautiful and of noble lineage, the Prophet (peace and blessings of Allah be upon him) was thinking of how to save her and all her tribe from an ignoble fate. By marrying Sayyidah Juwairiyah, the Banu Mustaliq would be able to enter Islam with honor, and with the humiliation of their recent defeat removed, so that it would no longer be felt necessary by them to embark on a war of vengeance that would have continued until one of the two parties had been annihilated. As soon as the marriage was announced, all the booty that had been taken from the Banu Mustaliq was returned, and all the captives were set free, for they were now the in laws of the Prophet Muhammad (peace and blessings of Allah be upon him). This is when Sayyidah A'isha said of Sayyidah Juwairiyah, "I know of no woman who was more of a blessing to her people than Juwairiyah bint al-Harith."
 


Virtues of Sayyidah Juwairiyah (Radi Allahu Ta'ala Anha):

Most of the time she would be found engrossed in prayer. It has been related by Juwairiyah that early one morning the Messenger (SallAllaho Alaihi wa Sallam) left her room while she was doing the dawn prayer. He returned later that morning and she was still sitting in the same place. "have you been sitting in the same place since I left you?" he asked. "Yes," she replied. Whereupon the Prophet (SallAllaho Alaihi wa Sallam) said, "I recited four phrases three times after I left you, and if these were to be weighed against what you have been reciting since dawn, they would still outweigh them. They are:

 


سبحان الله وبحمده عدد خلقه ورضا نفسه وزنة عرشه ومداد كلماته
'Glory be to Allah and Praise be to Him as much as the number of his creations, and His pleasure, and the weight of His Throne, and the ink of His words.'" [Sahih Muslim, Kitab Al-Dhikr, Hadith 6575]
 

Which reminds us of the following verse of the Holy Qur'an:

 


قل لو كان البحر مدادا لكلمات ربي لنفد البحر قبل ان تنفد كلمات ربي ولو جئنا بمثله مددا
"Proclaim, 'If the sea became ink for the Words of my Lord, the sea would indeed be used up and the Words of my Lord would never - even if we bring another like it for help.'" [Surah al-Kahf, Verse 109]
 

Her Demise:

Sayyidah Juwairiyah was married to the Prophet (peace and blessings of Allah be upon him) for six years, and lived for another thirty-nine years after his demise. She passed away at the age of sixty-five in Safar in the year 50th after Hijrah during the caliphate of Sayyiduna Mu’awiyah bin Abi Sufyan. The governor of Al-Madinah, Marwan bin Hakam led the funeral prayer and she was buried in Jannat al-Baqi.
 


 
يا ايتها النفس المطمئنة ارجعي الى ربك راضية مرضية فادخلي في عبادي وادخلي جنتي
O the contented soul! Return towards your Lord – you being pleased with Him, and He pleased with you! Then enter the ranks of My chosen bondmen! And come into My Paradise! [Surah al-Fajr, Verses 27-30]

IDDAT (The waiting period of a divorce or widow)

Iddat

IDDAT (The waiting period of a divorce or widow).
Iddat has been defined as the waiting period for a widow or divorced. In sharait terminology it is the waiting period for a woman when her NIkah with a man is no more extant for one reason or the other, The waiting period means that after the cessation of nikah the woman has to restrain herself for another Nikah till the prescribed period is over.

PROBLEM:- The Iddat begins after the annulment of Nikah by the woman whose husband has expired or a separation takes place between them provided the marriages was consummated by the sexual union. There is no Iddat for an adulteress, though she may be pregnant, she may marry with the man with whose sexual contact, she was rendered pregnant. If she marries with another man then no sexual intercourse is permissible with him till the birth of the child.

PROBLEM:- In an unlawful or faulty Nikah (Nikah-e-Fasid) if there is separation prior to the intercourse, there is no Iddat but after the sexual intercourse the Iddat is necessary if separation between them takes place.

PROBLEM:- There is no Iddat for the divorced woman whose place of shame is close, although she may have had sexual contact.

PROBLEM:- The woman is given Talaq, rajee or baain or the nikah is annulled for any reason, and sexual intercourse has taken place, but the woman is not pregnant at present and she gets menses, then the period of Iddat is passing of three menses.

If the woman does not get sense because of being underage or she has reached the age of dryness (ceased to have menses due to oldage) or by the number of years she has reached the age of puberty, but does not have menses, then in all these cases the term of Iddat is three months. (If she is a slave girl, the period is one and a half year.)

PROBLEM:- If the Talaq or the cancellation of Nikah takes place on the first of the month, then 3 months Iddat shall be taken into account according to lunar calendar and if it is some other date, then the month of 30 days or 90 days in all shall be taken for the Iddat.

PROBLEM:- The woman has had the menses but now she does not have it and she has not reached of dryness (of menses) then the term of Iddat is according to the number of menses, Therefore she has three menses or reaches the age of dryness, her Iddat will not be over. And if she did not have menses before, but after the commencement of Iddat she gets the menses, then the term of Iddat shall be three menses.

PROBLEM:- If the Talaq is given in state of menses, this menses will not be counted in the three menses for Iddat. After the present one 3 more menses should pass to complete the term of Iddat.

PROBLEM:- The woman who has been married on an incomplete or faulty nikah (Fasid) and she has undergone sexual intercourse or the woman with whom there has been nominal or pseudo intercourse, the Iddat of both shall be counted on the separation and death (as the case may be) on the basis of menses. If no menses takes place, the Iddat shall be of three months duration.

PROBLEM:- The woman with whom an underage boy commits intercourse or she has only apparent co-habition or on a wrong and illegal nikah, the same Iddat will apply. If the intercourse took place while the boy was underage and on reaching adulthood he divorce her, the same term of Iddat shall also be applicable in this case.

PROBLEM:- In the event of faulty (fasid) nikah the Iddat shall take place from the date of separation or the date when the man abandoned intercourse on his own admission.

PROBLEM:- The Iddat on account of Talaq is from the date of the Talaq whether the woman is aware of this or not. If she comes to know after the passing of three menses then the Iddat will be deemed to have already taken place, or if the man mentions any particular date (of Talaq) then the Iddat will be counted from that date.

PROBLEM:- The Iddat on husband death is four months and 10 days (including the 10th night) when the nikah was lawfully complete and correct, whether or not the intercourse had taken place and whether the husband or wife was underage (minor).

PROBLEM:- If the woman is pregnant, then the Iddat will last till the delivery of the child.

PROBLEM:- For the Iddat on the delivery of the child, there is no time limit fixed. The Iddat comes to an end as soon as delivery takes place when she was in Iddat on account of death or Talaq by her husband, even if the delivery takes place just one minute after the Talaq or the death. In the case of abortion if the limbs of the child have been formed, the Iddat will (immediately) takes place. If twins or triplets are born the last born will mean the end of Iddat.

PROBLEM:- The was given Talaq Raj'ee but th man died during the Iddat the woman will now to complete the Iddat of death. The Iddat of Talaq will lapse.
(Note: I have omitted the case where in it is stated, if pregnancy takes place of the husband. In my opinion this will last suspicion about the woman character. The sperm is the seed of pregnancy. How can seedling take any time for its getting roots in the lamb. This may be examine - Translator.)

In any case of Iddat whether on account of death of the man, or formal talaq or the one based on pregnancy and delivery or three menses whatever term is in process, full term will have to be completed, specially the last phase of Iddat.



THE MOURNING (SOAG).

The Holy Prophet (Allah's grace and peace be upon him) has said that `any woman who believes in Allah and the Day of Judgment should not mourn the death of a person for more then three nights except for the bereavement/demise of her husband which should be for four months and ten days. She should not wear colored clothes except the clothes which is dyed by tieing it will threads before spinning into a cloth, she should not apply collyrium (surma) to the eyelids nor tough any perfume but she use very mild perfume after the purification bath of menses. Hina is also forbidden.

Mourning means that she must give up wearing ornaments, jewels, gold, silver, silken clothes, nor apply perfumes on the clothes or the body ,even if it be a odorless oil nor comb the hair. The clothes in hues of saffron, giru red etc should also be avoided.

PROBLEM:- However she can wear old and worn dress of fading colours as well as the clothes of black colour, provided it is not silken or other fibers which resemble silk and shining.

PROBLEM:- In case of head-ache or pain in eyes she can apply hair oil or collyrium for relief from pain.

PROBLEM:- Mourning is by the adult sensible Muslim woman when Iddat is due to the death of the husband or on account of Baain Talaq.

PROBLEM:- If the marriage is dissolved due to the impotency of the husband, there is Iddat and in Iddat mourning should be observed.

PROBLEM:- The woman can observe mourning of some close relative, the husband may not allow mourning in sympathy of another woman who husband has died.

PROBLEM:- To wear black clothes in sympathy of some one's death is not permissible, but the woman mourning the death of her husband can wear black clothes but not for more than three days. However, if there is mark of display, the black clothes can be used for the entire period of mourning.

PROBLEM:- To send a clear and open message of nikah to a woman who is in Iddat is haram. However in the case of Iddat of death a guarded and suggestive message can be sent, but not in any other kind of Iddat.

PROBLEM:- A woman in Iddat on account of Talaq Raj'ee or Baain or separation on Khula etc, should not go outside her house. An underage (minor) girl who is in Iddat on account of Rajee Talaq can go out with the permission of her husband, and in the case of Baain Talaq she can go out without the permission.

PROBLEM:- In the event of incomplete/faulty (fasid) nikah, she can go out in Iddat, but the husband can check her.

PROBLEM:- She can not change her house during Iddat, even if the house is a rented one. The rent of the house during her Iddat is to be paid by the husband. IF the husband has gone out and she can pay the rent even then she must stay in this house.

PROBLEM:- In an Iddat of death the woman can be allowed to go out during the day time to earn her livelihood if there is no alternative for her subsistence. But she spend the nigh at home.

PROBLEM:- The woman should complete the term of Iddat in the same house in which she was living at the time of separation from her husband or at the time of his death, unless there is some such serious matter over which she has no control and she is compelled to leave/vacate the house.

PROBLEM:- The woman has gone to her mother house or else where when the husband gave her Talaq or he died. In that event the must return to be house without delay.

PROBLEM:- In the event of Talaq Baain there should be a screen between the husband and the wife if both have to stay in the same house (in the Iddat) as she has stranger to him, If the space available is too limited and insufficient to keep them separate during the Iddat, then the husband should stay outside for the time being. But the woman should not be turned out. In the case of Talaq Raj'ee no screening between them is necessary even if the husband is an impious and worthless fellow.

PROBLEM:- The same provision are applicable in respect of Three Talaqs as in the case of Talaq-e-Baain.

PROBLEM:- The husband can not take the woman out on journey during her Iddat even if it is on Iddat of Talaq-e-Raj'ee.

PROBLEM:- The commands for the Iddat of Talaq Rajee are the same as are for the Talaq-e-Baain, but there is mourning in Talaq-e-Raj'ee. If the woman is given Talaq Rajee in the journey she will remain with the husband and in the journey in some other direction, she can not go with him.



FAMILY IDENTIFICATION OF THE CHILD 
(Saboot-e-Nas'l)

The child belongs to him whose wife is she and for the adulterer are the stones.

PROBLEM:- The duration of pregnancy is minimum six months and the maximum two years. Therefore the woman who is in Iddat of Talaq-e-Rajee, but has not confessed the fulfillment of the Iddat. If the child is born during this period, this is the confirmation of the child's identity as being the son of wife's husband (his legitimate parents). If she admits the completion of her Iddat but the duration of Iddat is so prolonged that full Iddat could he completed in it and the child is born within the six months period of her admission (of Iddat) then it is the proof that the child belong to the, although it shows that the woman admission (Iqrar) of her Iddat was wrong. This also proves that the husband had resumed conjugal relations within the Iddat of Talaq-e-Raj'ee, provided the child is born after two years or more after the Talaq. If the child id born in less than this period, then the husband's resumption of husbanding rights is not established as it is possible that the pregnancy is before the Talaq. And if the child is born in less than six months time form the time of admission of her a Iddat. Then the legitimacy of child's parentage is established otherwise not.

PROBLEM:- If the woman was given Talaq-e-Baain the child is born within two years of Talaq, then the legitimate parentage is established. If however the child is born after two years, the rightful parentage will not be proved. But if the husband claims that the child belongs to him, then this will be accepted. Or if one child born within two years and the second child afterwards, then the parentage of both the children will be proved.

PROBLEM:- If the child is born within six months of the Nikah, then the child will not be taken as legitimate. If however, the birth takes on after six months time of the nikah, then it will taken that the parentage is correct or legitimate when the husband keeps quiet or does not admit. And if the husband says that no child is born, then on the evidence of another woman, the birth of the child will be taken as true. Similarly if the husband admits the pregnancy or the latter is apparent, then the Talaq is established, but for the legitimacy of parentage, only the statement of the woman giving delivery is enough. In case two deliveries take place one within six months and the other on or after six months, then the parentage of both the children will remain unproved.

PROBLEM:- If the child is born within two years of the husband death, no parentage with him will be established otherwise not.

PROBLEM:- On the birth of the child the woman says that six months or more than six months time of nikah has passed, while the man says that six months have not elapsed, then the evidence on oath should be taken from the woman and her statement should be accepted. To disprove this, if the husband or his successors desires to produce witnesses, then they should not be listened to.

PROBLEM:- A man commits adultery with a woman and latter marries her, if the child is born in six months or more the parentage will be accepted, and if this birth is in less then six months of marriage, its parentage will not be established even if the husband claims the child as his from the illicit intercourse with the woman.



NOURISHMENT OF THE CHILD.

Nourishment of the child is the right of the mother whether she is in nikah or out of it. However if she has rejected her faith and become apostate, then she can not nourish/take care of the child or if she is involved in some immoral or indecent activities (adulteress, thief or profession mourner) then the child should not be given in her care. Some scholars are of the opinion that if the woman does not offer regular prayers she too should not be allowed to nourish the child. But the best course is that the child should be under its care in the beginning for so long as he remains infant and when it he begins to show signs of understanding he should be taken away from her and made over to his mother. (The text (P-271) may also mean that the child should his mothers care from the beginning), similarly, the child should not be given to his mother during infancy when she has often to go out of the house because of her profession.

PROBLEM:- IF the mother of the child marries a man who is ghair mehram to the child (a person who is not admitted in the woman apartment), either by reasons of family lineage or due to fosterage, then the child will not remain under his mothers protection. And if she marries a man who is mahram to child lineage, then her right of nourishment will not be abrogated. For example, if she marries the foster uncle of the child, the latter (child) will not remain under her care, because this man in spite of having foster relation is a stranger by family relations. And if she marries a family line uncle of the child, then her rights of nourishment will not lapse.

PROBLEM:- If the mother is unwilling to nourish the child without payment and the father is in a position to oblige her, then he should do so. And if he is poor and can not afford payment, the child should be given in the charge of the relation next to mother if he is willing to undertake care of the charge without payment, provided the mother has not married the Ghair Mahram relative of the child and it should be made clear to the mother that she must undertake the nourishment of her own without payment or hand over the child to so or so person. In the latter case if the mother desires to see her child often and take him for cares or protection her request should not be turned down.

PROBLEM:- One on whom devolves the care and protection of the child refuses and there is no other woman who can look after the child, then the former shall be pressed to undertake the responsibility, Similarly, if the mother refuse to breast feed the child and the does not accept feeding by any other woman, nor any woman agrees to feed the child without payment and the father is monetarily helpless to pay, then in this acute condition the mother should be compelled to feed her own child.

PROBLEM:- The child is under the nourishment of the mother who is either in the nikah or Iddat of the child father, in this situation the mother shall not be given any compensation for feeding the child. If she is not in the Nikah or the Iddat then she can receiving payment for nourishing the child. She can also claim the amount for the feeding and maintenance on behalf of the child, she can even demand living accommodation and the provision of a servant. All these expenses shall be paid from the assets of the child if there is any, otherwise the man on whom all these responsibilities devolve shall meet the monetary obligations.

PROBLEM:- If the mother had previously refused to nourish the child and now wants to take the child under her care, she can be allowed, in fact this retracing her obligation should be encouraged.

PROBLEM:- If the mother is incapable to nourish her child or she has refused or the woman has married a stranger, now the charge of nourishing the child will be undertaken by grand maternal mother (nani) of the child, if grand matermal mother is not there the responsibility will fall on grand paternal mother (dadi) on the conditions mentioned above. (Note: other eligible relations mentioned in this context (P-272) are mere logical and can hardly be taken recourse to.)

PROBLEM:- If the person eligible and willing to take care of the child be of equal status, then the man deserving of this responsibility is the one who is better, then one who is more righteous then who is elder in age more qualified in other respect.

PROBLEM:- The child is under the charge of the grand mother (nani or dadi) but she is dishonest then the father's sister (phoophi) can take back the child and keep him under his care and protection.

PROBLEM:- The woman on whom is the right/responsibility to nourish the child, should be allowed to keep him so long the necessity of keeping him there remains (unavoidable) or in other words the boy becomes able to look after his basic personal services (eating, drinking) attending to natural calls etc. This be can when he reaches the age of seven or so. There after he should be withdrawn and given under the charge of the father. If he refuses, then he should compelled to undertake this responsibly.

In the event of the girl begin under the care of her mother she should stay there till she reaches the age of nine. If the girl is married in the age lesser than nine years she should not leave mother's house especially when she physically attractive exciting passion. Merely marriage should not be taken as the end of the responsibility. She should be allowed to go to her husband house when she attains puberty and capable of experiencing matrimonial demands.

PROBLEM:- After reaching the age of seven years, the son will remain under the vigilance of his father or grant father or any patron. But when he becomes adult and possess common sense to distinguish between virtue and vice and is not likely to fall in evil company of young men which may bring infamy and disgrace to the family , he may be allowed to remain wherever he likes. Other wise he may be advised to stay with family elders. However after reaching adulthood the father/grand father are not obliged to pay maintenance for the son. If they do, it will be a favor.

PROBLEM:- The daughter after nine years age till attains puberty and is given away in marriage, should stay with father / grand father / elder brothers. This is to take precaution for any untowards mishap, causing disreputation to the family. She can not stay with the son of her uncle for maintenance as he is a non-mahram, where as it is necessary that the girl should live with any Mahram relation. The other alternative is that she may be given under the guardianship of nay righteous woman who may guard her honor with devoted care.

PROBLEM:- The boy had not reached adulthood but he has become fit for working in some suitable trade. There is no harm in sending him out for working and earning to build his future and fortune. It must always be kept in mind that takes up such profession or whereby he may earn and learn (preferably religious education) at one and the same time.

PROBLEM:- In respect of the girl who is proceeding to puberty the same basic principles should be adopted as are suitable and profitable for her as a girl. The choice of avocation is vast and variegated in the female lines, common sense, rather prudence should be applied as far as the future of the girl is concerned, because the problems facing the fair-sex are as delicate as it is they are complex in nature and scope. Sensible parents are expected to make prospective choice, but the most honorable and lifelong peaceful and prosperous choice is to find for her a life partner which may guard and promote their interest in deen-and-dunya.
(Note: In presenting the problems in this context a broad view, has been adopted keeping in mind, at the same time, changes / trends taking place even in Islamic Society. There is no deviation from the basic principles laid down by the Shariat. In a sense these are in elaboration of the age long commandment in this behalf.


PROBLEMS OF MAINTENANCE
In the Shariat Terminology this aspect of Nikah and Talaq is known as NAN-O-NAFQAH, literally meaning Bread and Living Expenditure for which the English Equivalent is Provision for Maintenance of living by the husband. In a broader sense it stands for provision of Food, clothing and house. The come in effect on three counts (1)Marriage (2) Family Lineage and (3) Assets, respectively standing for Zaujiat, Nasab and Milkiyat.

PROBLEM:- The provision of maintenance for the woman by the husband who has married her through a valid and fully documented nikah in the prescribed Islamic manner, the woman may be a believer (Musalman) or unbeliever, free of purchased through a written agreement, indigent or prosperous, consummated (matrimonially) or the consummated, adult or minor but capable of transacting sexual intercourse or physically built to excite passion, even if the husband is minor in age, the maintenance is binding on him, to be paid from his monetary assets. If the husband possession id meager, it will not be given by the father of the husband. However if the father has stood surety on his behalf, the father will pay the maintenance.

PROBLEM:- If the husband is impotent or has an amputated organ (and incapable of sexual intercourse) or weakness on account of disease or has gone out for Hajj, the maintenance is wajib on him.

PROBLEM:- A minor wife who is unfit for sexual intercourse her maintenance is not due on her husband, she may live with her husband or with her father till such time as she becomes fit for conjugal relations. If the minor wife is living in the house provided by her husband for rendering any service or on account of her infatuation for him, the maintenance will be due on the husband.

PROBLEM:- The private parts of the woman is retarded making intercourse impossible or she is gone mad and resists sexual intercourse, even then the maintenance is due on him.

PROBLEM:- In an illegal or defective nikah, no maintenance is payable. If the nikah has been apparently in order and the Qazi has ordered the maintenance, but later on it is discovered that the nikah was not lawfully valid (The wife was found out to be the foster-sister of her husband), then the husband can take back whatever he has given as maintenance on the orders of the Qazi, However if has given the maintenance on his accord without the consent or command of the Qazi, then he can not take back the maintenance given by him.

PROBLEM:- When an adult woman demands maintenance when she has not gone to her husband house, her demand is valid provided the husband had not till then asked her to accompany him or she has no refused to go along with him. If the woman has refused, it may be due to any of these two reasons, (1)she is demanding instant meher (mehre muajjal) which is her right and she is due maintenance or (2) her refusal is unjustified on account of wrong statement,then no maintenance is due unless she goes to her husband's house.

PROBLEM:- After once the sexual act, has taken place, the wife refuses to go to her husband's house demanding the payment of instant meher (muajjal) as a precondition, then she is entitle to the maintenance (by way of payment of meher), otherwise not.

PROBLEM:- If the woman leaves the husband's house without permission or reason, she will not be entitled to any relief (maintenance) unless she returns.

PROBLEM:- The woman who has been given Talaq will, in all circumstances, receive the maintenance (Nafqah) during her Iddat, whether it is a Talaq Raj'ee or Bain or Three Talaqs, she be pregnant or otherwise.

PROBLEM:- So long as the woman does not reach the age of dryness (permanent stoppage of menses due to oldage), her term of Iddat is three menses. Before reaching this age, if a young woman does not have menses for any reason, she will receive maintenance during her Iddat how so ever it may prolong. If, even till reaching this age she does not get menses, then she will get the maintenance for the duration of three menses when her Iddat will terminate. However if the husband proves on evidence of witness that she has already had three menses, then the demand of maintenance shall lapse.

If, on being given the Talaq the woman disclosed that she is pregnant, then the term of Iddat will continue till after the delivery. Which will be two years time from the Talaq. If she does not deliver the child till the end of these two years and the woman still maintains that she did not have menses and believed that she was carrying (pregnancy) she will continue receiving maintenance till the expiry of three menses duration after the age of dryness, that is three months after this age.

PROBLEM:- If the woman does not claim the maintenance of Iddat after the Talaq nor did the Qazi fixed any such amount, then the no maintenance will be due after the Iddat is over.

PROBLEM:- The woman whose husband is long absent and whose whereabout are not known married another man who had sexual union with her. Now if in the meantime the former husband comes back, then separation shall be effected between the woman and the second husband and the woman shall go through the Iddat, but the maintenance of this Iddat shall be neither on the first husband nor on the second husband.

PROBLEM:- No maintenance is wajib (essential) during the Iddat on death of the husband, whether the woman is pregnant or not. Similarly the separation taking place on account of woman immorality or belief against the religion would not entitle the woman any maintenance.

PROBLEM:- The maintenance is permissible in the khula (separation on woman's demand before a competent authority). However if the khula is granted on the condition that the woman will not demand maintenance or accommodation (or cost thereof) the woman will not get maintenance, but the husband will have to pay for the accommodation (residence), because the woman has no right to dispense with the payment on account of residence.

PROBLEM:- In the event of Eelaa, Zihaar or Liaan by the husband against his wife (there have been discussed in length in the preceding pages) or he forsakes his religion (becomes apostate or murtid) or he commits intercourse with the mother of his wife or a wife of an impotent husband secures separation, in all cases the woman will get the maintenance.

PROBLEM:- If husband and wife are both rich and the question of maintenances comes up between them then the same will be paid as among the rich, and if both are poor, then the maintenance will on the level of their living condition. And in the event of disparity or mixed level of living, the maintenance will of an average standard suitable and agreeable to both, with some concession or favor towards the woman.

PROBLEM:- While providing maintenance the wife should not be pressed for undertaking domestic work of which she is not used or which is beyond her capacity.

PROBLEM:- On the question of provision of maintenance it is for the husband to provide objects of utility or the domestic requirements.
(Note: The list of articles, to be provided by the husband and other facilities of which the woman is entitled given on P/277 are not of universal or national nature. On the contrary these are of purely local or primitive nature. They have been therefore omitted - Translator)

PROBLEM:- It is upto the husband to provide his wife with every thing of necessity or make arrangements by giving the required amount of money. The woman, on her part should not under restraints upon herself which may cause ill effects on her physiques or general health which are the prime source of attraction or endevourment for the husband. He may take any stops to make her live in good trim.

PROBLEM:- If the husband is a poor man without any possession and as such, he is unable to pay the maintenance expenses to his wife. However it is desirable to cause separation on this account. He can be asked on the command of Qazi to earn money through labour or service to meet the responsibility fallen upon him. He might also take loan for this purpose and repay it in installments.

PROBLEM:- The next demand for maintenance is the accommodation for residence. The house which the husband provides should be such that the couple may live in complete privacy, which is the prime necessity for a married pair and it depends their resources how best they can help themselves or the parents of husband can offer their assistance. Other details in this connection can be mutually settled and put in operation.

PROBLEM:- The parents of the woman can come once in a week or as often as it is convenient to see their daughter. Similarly the woman can also visit her parents and other near relations with the permission of her husband.

PROBLEM:- The maintenance due on the under age will be paid by the parents, when the son is poor and resource less. If the adult son is crippled, lunatic or blind and as such is unable to earn his livelihood and arrange for the maintenance, the parents will have to bear this liability.

PROBLEM:- IF the son has some property in his name and there is the responsibility of maintenance on his shoulders, then the money for this purpose can be obtained through sale of his property even if the whole property be consumed in this behalf.

PROBLEM:- When the daughter reaches the age of puberty (she becomes young) and is given away in marriage then the liability of maintenance no longer remains of her father. It is shifted to her husband (and his family member).

PROBLEM:- If the mother receives the maintenances from the father of the child and the same (the money) is lost or stolen, she can once again demand the maintenance from the father of the child. If, however the amount or part of is recovered, it should be returned.

PROBLEM:- The feeding of the child becomes the moral responsibility when no other woman is available, or the child does not accept the (breast) feeding of another woman or the father is poor and can not pay the amount to other woman while there is no assets as inheritance in the name of the child, In all these unavoidable circumstances it is morally binding on the mother to feed the child, but she can not be compelled or forced to do so.

PROBLEM:- When the mother is living with her husband or the woman is in the Iddat of Talaq Raj'ee, if she feeds the child she can not demand any amount, However if she is in Iddat of Talaq-e-Baa'in , she can demand the payment for feeding. If she feeds the child of other woman whose husband is also her husband, she can definitely demand the wage of feeding.

PROBLEM:- If the parents (father, mother) grand father and grand mother and grand maternal parents (nana, nani) are poor indigent, then their maintenance is the responsibility of the man, even if they are able to earn. When this man is will to do and in the term of the Shariat, he is `Sahib-e-Nas'ab. However if the man himself is poor, then the maintenance of his father does not lie upon him. (it is not wajib)
(Note: Further details are purely pre sumptuous and seldom likely to take place in societies other than primitive and orthodox ones - Translator).

PROBLEM:- The maintenance of father, grand father etc is equally wajib (essential) on the son and the daughter if they in their respective capacity as Sahib-e-Nas'ab and or wealthy. Sahib-e-Na'sab means to possess enough assets and resources on which Zakat is levied compulsorily.

PROBLEM:- In the matter of maintenances relating father/offspring the criterion is of nearness/proximity, exclusiveness and not of inheritance for example, when son and grand son are both then the responsibility of maintenance will be on the son and not on the grand son, between daughter and grand son, it is on the daughter, between grand son and the grand daughter , it is equally on both, between daughter and sister it is on daughter.
(Note: The criterion of maintenance between two sets of relation of old and young or the younger will have to look after the elder, and between relations of equal status, the maintenance will have to be provided equally by both - Translator)

PROBLEM:- A student of religious studied will be provided complete maintenance by all his relations jointly or separately because of the importance of religious learning, although he may be young and capable of earning his livelihood.

PROBLEM:- If the relations is not Mahram (e.g. brother beings son of the uncle, cousin) or he is Mahram but relation (e.g. foster brother/sister), or the cousin who is also foster brother, in all these cases no maintenance is wajib. The maintenance of slave is on the master. If he refuses they must earn through labour/service and provide their own maintenance.
 

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