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Nikah (Marriage) & Walima (Reception) in Islam

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#1 [Permalink] Posted on 16th August 2011 11:31
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#2 [Permalink] Posted on 16th August 2011 13:34
3.8 fom Forum Rules - A new topic which contains only a single clickable link to another site will either be reported or deleted. To avoid this auth check, paste the article or data first and place a link to its source at the end or at the top. From forum rules
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#3 [Permalink] Posted on 16th August 2011 14:03

"member2" wrote:
-Moderation Rules-

Asslamo ALlaikum,

I have added a Summary , however adding the whole thing isn't possible.

Jazakullah Khairun

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#4 [Permalink] Posted on 16th August 2011 14:33
That's fine. I see what you mean. A lot of layout and I must say, good revamp of central-mosque web site.

Do you want the mod-rule notice removed?
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#5 [Permalink] Posted on 16th August 2011 14:38

"Yasin" wrote:
That's fine. I see what you mean. A lot of layout and I must say, good revamp of central-mosque web site. Do you want the mod-rule notice removed?

W-Salam,

No its fine...I had to figure out how to add footnotes "today" :-) Footnotes have been holding me back for a while...

http://central-mosque.com/index.php/Hadeeth/imam-abu-hanifah-ra-and-hadith.html

I mam Dhahabi (RA) said, "And he took an interest in seeking hadiths and travelled for this. As for fiqh and being precise in providing an opinion and its innermost points, he was at the top. And people are his children in that…"

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#6 [Permalink] Posted on 23rd October 2011 07:26
This is a very useful page, Jazakallah for the link.

Personally I have just finished listening to the fiqh of marriage, alhumdulillah it was very beneficial. I learnt a few new things which InshaAllah will make me and my partner very happy.

I must stress, there were some amazing facts on fiqh. Specially in those cases where we as Hanafi get told that such and such a ruling is not allowed or is against Sunnah. But alhumdulillah, the evidence brought forward to prove the Hanafi fiqh with Hadith in these issues was outstanding.

I recommend the fiqh of marriage by Mufti Muhammad ibn Adam.19 cd set available for �13 from azhar academy.
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#7 [Permalink] Posted on 24th October 2011 11:07
"abu mohammed" wrote:
This is a very useful page, Jazakallah for the link. Personally I have just finished listening to the fiqh of marriage, alhumdulillah it was very beneficial. I learnt a few new things which InshaAllah will make me and my partner very happy. I must stress, there were some amazing facts on fiqh. Specially in those cases where we as Hanafi get told that such and such a ruling is not allowed or is against Sunnah. But alhumdulillah, the evidence brought forward to prove the Hanafi fiqh with Hadith in these issues was outstanding. I recommend the fiqh of marriage by Mufti Muhammad ibn Adam.19 cd set available for £13 from azhar academy.


Asslamo Allaikum,

Masha'Allah I have heard good things about it as well but I am into "free resources" and will continue to produce Islamic Material which is free and easily accessible, Insha'Allah.

Jazakullah Khairun
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#8 [Permalink] Posted on 24th October 2011 14:42
Muadh_Khan wrote:


Asslamo Allaikum,

Masha'Allah I have heard good things about it as well but I am into "free resources" and will continue to produce Islamic Material which is free and easily accessible, Insha'Allah.

Jazakullah Khairun


Thats one of the things about you that we all like. May Allah Reward you.

I posted that message above to bring the topic back into discussion.

REASON:

The lecture covers a lot of things and I looked through the link to see how indepth it was, MashaAllah there is a lot there but what I was looking for was only enough for a guide line.

POINT:

The Ghair Muqallid also ATTACK on the Hanafi Mas'ala of the Nikah and permissability of a woman marrying without the permission of a WALI. Alhumdulillah, we have the answers for them, as InshaAllah super-glue will point out. They use the Hadith stating clearly that the Nikah is in valid, in valid, invalid, but the GM (not Genetically Modified, although that would make sense), say that the Hanafi go against it and blame Imam Abu Hanifa for it. SubhanAllah, are they wrong.

We have the answers to their criticism! Alhumdulillah.

I think the talk on the 6 points is an excellent example of this nature.
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#9 [Permalink] Posted on 24th October 2011 19:40
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#10 [Permalink] Posted on 24th October 2011 22:35

"abu mohammed" wrote:
"Muadh_Khan" wrote:
Asslamo Allaikum, Masha'Allah I have heard good things about it as well but I am into "free resources" and will continue to produce Islamic Material which is free and easily accessible, Insha'Allah. Jazakullah Khairun
Thats one of the things about you that we all like. May Allah Reward you. I posted that message above to bring the topic back into discussion. REASON: The lecture covers a lot of things and I looked through the link to see how indepth it was, MashaAllah there is a lot there but what I was looking for was only enough for a guide line. POINT: The Ghair Muqallid also ATTACK on the Hanafi Mas'ala of the Nikah and permissability of a woman marrying without the permission of a WALI. Alhumdulillah, we have the answers for them, as InshaAllah super-glue will point out. They use the Hadith stating clearly that the Nikah is in valid, in valid, invalid, but the GM (not Genetically Modified, although that would make sense), say that the Hanafi go against it and blame Imam Abu Hanifa for it. SubhanAllah, are they wrong. We have the answers to their criticism! Alhumdulillah. I think the talk on the 6 points is an excellent example of this nature.

Asslamo Allaikum,

GM can chase their tails all they want!

Nikah without Wali is valid (not encouraged though)

And here is CLEAR CUT AUTHENTIC proof from the action of Sayyida Aisha (RA) in Sha'rh Maani Al-Athaar from Imam Tahawi (RA)

رقم الحديث: 2735
36 (حديث موقوف) حَدَّثَنَا يُونُسُ ، قَالَ : أَخْبَرَنَا ابْنُ وَهْبٍ ، أَنَّ مَالِكًا أَخْبَرَهُ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ ، عَنْ أَبِيهِ ، عَنْ عَائِشَةَ زَوْجِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ " أَنَّهَا زَوَّجَتْ حَفْصَةَ بِنْتَ عَبْدِ الرَّحْمَنِ الْمُنْذِرَ بْنَ الزُّبَيْرِ ، وَعَبْدُ الرَّحْمَنِ غَائِبٌ بِالشَّامِ فَلَمَّا قَدِمَ عَبْدُ الرَّحْمَنِ ، قَالَ : أَمِثْلِي يُصْنَعُ بِهِ هَذَا ، وَيُفْتَاتُ عَلَيْهِ ؟ فَكَلَّمَتْ عَائِشَةُ عَنِ الْمُنْذِرِ ، فَقَالَ الْمُنْذِرُ : إِنَّ ذَلِكَ بِيَدِ عَبْدِ الرَّحْمَنِ ، فَقَالَ عَبْدُ الرَّحْمَنِ : مَا كُنْتُ أَرُدُّ أَمْرًا قَضَيْتُهُ ، فَقَرَّتْ حَفْصَةُ عِنْدَهُ ، وَلَمْ يَكُنْ ذَلِكَ طَلاقًا " . وَحَدَّثَنَا يُونُسُ ، قَالَ : أَخْبَرَنَا ابْنُ وَهْبٍ ، قَالَ : أَخْبَرَنِي اللَّيْثُ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ الْقَاسِمِ ، فَذَكَرَ بِإِسْنَادِهِ مِثْلَهُ . حَدَّثَنَا يُونُسُ ، قَالَ : أَخْبَرَنَا ابْنُ وَهْبٍ ، قَالَ : أَخْبَرَنِي حَنْظَلَةُ ، وَأَفْلَحُ ، عَنِ الْقَاسِمِ بْنِ مُحَمَّدٍ فِي حَفْصَةَ ، بِمِثْلِ ذَلِكَ .

Hanafees are guilty as charged!

Guilty of understanding the Hadeeth of Rasul-ullah (Sallaho Alaihe Wassallam) as understood by his own wife!

 

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#11 [Permalink] Posted on 24th October 2011 22:39
In English too please.

MashaAllah. The more we get attacked for being Hanafi the more ORGANIC I feel.
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#12 [Permalink] Posted on 24th October 2011 22:59

"abu mohammed" wrote:
In English too please. MashaAllah. The more we get attacked for being Hanafi the more ORGANIC I feel.

Asslamo Allaikum,

The position of the Hanafi Madhab is that marriage is valid but Guardians can approach the Qadi for Faskh if the match is not appropriate, here is the daleel from Muwatta Imam Malik:

It was reported in Al Muwatta' on the authority of `Abdur-Rahman ibn Al Qasim from his father from `A'ishah (may Allah be pleased with her) that she gave Hafsah bint `Abdur-Rahman in marriage to Al Mundhir ibn Az-Zubayr while `Abdur-Rahman was away in Syria. When `Abdur-Rahman arrived, he said: "Shall someone like me have this done to him? Am I the kind of man to have something done to him without his consent?" `A'ishah (may Allah be pleased with her) spoke to Al Mundhir ibn Az-Zubayr, and Al Mundhir said: "It is in the hands of `Abdur-Rahman." `Abdur-Rahman said: "I will not oppose something that you have already completed." Hafsah stayed with Al Mundhir, and there was no divorce. [Muwatta Imam Malik]

The version which I quoted is from Sha'rh Maani Al-Athaar from Imam Tahawi (RA) while the English is from Muwatta.

The end result is that we are guilty of following Sayyida Aisha (RA).

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#13 [Permalink] Posted on 25th October 2011 10:05
I just had a quick recap of the Fiqh of Marriage. The subject of validity is covered in CD 9 tracks 5-10. MashaAllah, very indepth topic. So please dont be mislead by such comments as the Hanafi are wrong and also dont take its validty out of context.

There are limitations to the Validity/Permission of the woman who marries without the permission of a gaurdian. She must meet the criteria set out which are found from verses of the Quran and Hadith.





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#14 [Permalink] Posted on 25th October 2011 10:27
An interesting point:

The ruling of marriage without the approval of a wali is considered invalid by not only Imam Shafi', Imam Malik and Imam Ahmed, but also by Imam Abu Yusuf and Imam Muhammad of the Hanafi School, however, look at some of the evidence that the Hanafi school agreed upon.

From the Link provided by brother Muadh in the post above;

www.croydonmosque.com/pdf/The%20position%20of%20a%20guard...

CLEAR CUT EVIDENCE:

1) Sayyidina Ibn Abaas RA relates: the Prophet SAW stated: 'A mature woman has more right over her affair in regards to Nikah than her own guardian.' (Sahih Muslim vol 1, p455/ Sunan Nasai p276/ Sunan Abu Dawood p286/ Jami Tirmidhi vol 2, p164)

2) Sayyidah Umme Salama RA related that after the death of the husband of Subai'ah Aslami RA , two weeks after his passing away she gave birth to a baby (therefore her Iddah was complete). Following this, she was sent proposals for marriage from two men, a mature individual and an elderly man. The elderly man, seeing this situation advised her: 'it is not Halal for you to accept a proposal yet as your guardians/housefolk are not present (they were travelling).' To understand the truth of this man's advice, Sayyidah Subai'ah Aslami RA presented her case to the Prophet SAW. The Prophet SAW stated to her: 'Verily, it is Halal for you! Which ever of them you wish to do Nikah with, you may.' (Muwatta Imam Malik#156 /Sunan Nasai vol 2, p114)


3) A woman presented herself to the Prophet with the intention of being married to him . On this
the Prophet remained silent. A companion of the Prophet who was present stated: 'O Prophet
of Allah , if you do not desire to marry her, I would like to do so.' On the request of this companion
and the acceptance of the woman, the Prophet performed their Nikah. The guardian of the woman was not present at this occasion. (Sahih Bukhari vol 2, p767, Muwatta Imam Malik #9 , Sunan Nasai# 3255)

4) Sayyidah Umme Salama RA related, when her Iddah was completed following the death of her husband, the Prophet SAW sent her a proposal for marriage. She responded to the Prophet SAW : 'my guardian is not present here.' The Prophet SAW responded: 'whether your guardians are present or not, they will not disapprove of this Nikah.' Then Umme Salama RA said to her young (immature) son: 'O Umar come accompany me at my Nikah.' (Sunan Tahawi vol 2, p8/ Sunan Nasai vol 2, p72)
In this Hadith, Umar bin Abi Salama RA was an immature boy. (Sunan Tahawi vol 2, p8)
It is proven that in Shariah it is not permissible to have an immature child acting as a guardian for a
woman in the matter of Nikah. He was only included in the Nikah out of affection, if he was a capable
guardian the Prophet SAW would have appointed him as such.

5) Sayyidah Ai'sha RA relates: 'A mature woman who had not been married previously complained with regards to her father to the Prophet SAW, who without her consent, got her married. She stated: 'O
Prophet of Allah SAW, whatever my father has done (in relation to my Nikah), I am not happy with.' The Prophet SAW called her father into his company. The woman further stated: 'O Prophet of Allah SAW, whatever my father has done is in the past now, what I really wish to ask is that in this matter of Nikah, doesn't a woman have a right?!' (On the questioning of this woman the Prophet SAW stayed silent showing approval of her dispute). (Sunan Nasai vol 2, p77#3274/ Sunan Abu Dawood vol 1, p285/ Sunan Ibn Majah p135)

The scholars of Ahadith have stated that the chain of narration here is correct (Sahih). (Fathul Bari vol 9, p196/ Umdadul Qari, vol 20, p130)
Further this was the first engagement of this young woman. (Sunan Ibn Majah p135)

6) Sayyidina Ali RA used to advice the people to perform Nikah with the permission of their guardians. However, if a Nikah had been performed without the guardian's permission, Sayyidina Ali RA would not annul the marriage. This is further proof to the fact that Nikah without the guardian is permissible. (Kanzul Aamal, vol 16, p531)

7) Allah says in the Holy Qur'an: 'And when you have divorced women and they have fulfilled the
term of their Iddah, do not prevent them from marrying their former husbands, if they mutually agree on a reasonable basis.' (s2,v232)

8) Allah says in the Holy Qur'an: '...then when they have fulfilled their term, there is no blame on you for what they do for themselves in a lawful manner (with regards to marriage); and Allah is
aware of what you do.' (s2,v234)

In this verse of the Qur'an, upon the completion of Iddah, a woman is given the authority to do as she
pleases in the matter of her own Nikah.


To just go round accusing the Hanafi and generalising the rule as a common thing and then taking it way out of context is nothing but ignorance and an attempt to cause fitnah.

As it has been said many many times before, The Hanafi fiqh is backed with evidence from the Quran and Hadith and if necessary, with the evidence from the Sahabah.
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