Showing posts with label particular. Show all posts
Showing posts with label particular. Show all posts

Advice Regarding Marrying non-Muslims

QUESTION:
I need a fatwa regarding making the marriage contract in a church or in a civil court.So the question is: If a muslim is getting married with a Christian woman, is it permissible in Islam to make the marriage contract in a church or a civil court?
ANSWER:
as-Salamu alaykum wa rahmatullahi wa barakatuhu:
As for regarding, marrying a Christian woman, one must understand that Allah has permitted for us the "muhsanaat" among them. This means that the woman _must_ be chaste. As for those Christian women who have had sex outside of marriage; it is impermissible to marry them. As most American woman, these days, have sex before marriage, a "muhsanah" from the Christians is a rarity!
As far as the contract, it is impermissible to have any part of the marriage ceremony at the church; as this entails witnessing shirk (or perhaps at times participating in shirk), like when the Priest takes the ring from thr groom, and then places it on the bride's thumb, forefinger and the middle finger while saying "In the Name of the Father, the Son, and the Holy Ghost" (may Allah be exalted from such blasphemy) and finally rests the ring on the index finger. Also their marriage has many ceremonies which are from the practices of the unbelievers that one may not partake in.
As for the contract in a civil court, this is permitted if two conditions are met: (1) There is no acceptance of the laws and system of the disbelievers as supreme or valid as this would nullify our testimony of faith; (2) the registering of the marriage in the civil court results in some benefit that outweighs the harm of not registering the marriage. (This is the case with the majority of Muslim marriages in North America in particular for citizens and residents.)

QUESTION:
Secondly, is this allowed when the person is making a second contract according to the islamic teachings and laws regarding this issue?
ANSWER:
The Islamic marriage must proceed the civil registration; as it is only the Islamic marriage that makes the marriage valid. (An Islamic marriage entails in brief: (1) the acceptance of both partners and their suitability for marriage; (2) the acceptance of the bride's guardian; (3) the dower; (4) and two wintesses.)
A court marriage is not a marriage according to the sharia. And hence both partners, if not married Islamically, cannot be alone with one another, let alone, live as husband and wife.
I have one final word of advice regarding the dangers and appropriateness of marrying a Christian woman. (1) If the marriage ends in divorce; the court will almost always and without exception give custody of the children to the woman; (2) if the husband tries to leave the US with the children and a court order issues a warrant for his arrest for kidnapping; the Dept. of Justice will send FBI officers to arrest the husband and bring back the children, even if he is overseas. In fact, there are special mercenaries for hire that for a fee will kidnap the children and bring them back to the US. This has happened in Jordan and Iraq. I even know first hand of an incident where a British Muslim (a white Englishman with a big red beard) who was arrested in Medina by Saudi authorities due to the pressure of the British government to return his Muslim daughter back to her Christian drug abusing wife and her boyfriend and to place him in jail for kidnapping his Muslim daughter to Saudi Arabia; (3) many Muslims today are weak in faith and suffer from feelings of inadequacy (due to this lack of faith) in front of Westerners (and in particular white Americans); as a result, it is often that the Christian wife who will control their lives. I know of many cases of Muslims who have married these Christian women and due to the enviornment have ended up in a case of "virtual" apostasy; (4) how appropriate is it to marry a Christian woman given that there are many Muslim woman who lack husbands? These are not only American sisters, converts and immigrant children who have grown up in this country and who need strong Muslim men to learn Islam from them and take care of them; but what about the tens of million of Muslim women from Muslim countries who due to war and displacement live very poor lives and are looking for a Muslim man to teach them and rescue them from their misery. If the youth of Islam remain with only one wife or marry Christians, who will shelter our sisters from Bosnia, Somalia, Iraq, Kashmir, Philipines, etc.! That is some advice from the heart that I felt must be brought forward. My apologies if these words are out of place.

Al-Rajhi Cement - Jordan issues the first Islamic Sukuk in Jordan managed by Capital Investments

The JD85m, 7-year Sukuk was subscribed for by a number of leading Islamic and commercial banks, including Capital Bank, Cairo Amman Bank, Islamic International Arab Bank, Union Bank, Jordan Kuwait Bank, Bank of Jordan, and Arab Islamic Bank.

Capital Investments announced this landmark transaction during a launch ceremony which was attended by Al-Rajhi Cement - Jordan Chairman Omar Bin Sulaiman Al-Rajhi and Central Bank of Jordan Governor H.E. Faris Sharaf, alongside chairmen and representatives of the participating banks, including Cairo Amman Bank Chairman Khaled Al-Masri, Arab Bank Chief Executive Officer Nemeh Sabbagh, representing Islamic International Arab Bank, Union Bank General Manager H.E. Nadia Al Saeed, Arab Islamic Bank General Manager Atiyeh Shananier, Jordan Kuwait Bank Deputy General Manager Tawfiq Mukahal, and Bank of Jordan Deputy General Manager Mohammad Hamdan, together with Chairman of Capital Bank and Capital Investments H.E. Basem Khalil Al Salem. The event was also attended by a number of local and Arab media representatives.

Highlighting the significance of this transaction, Al Salem expressed great confidence in Jordan's resilient economy, which he said is built on solid foundations that enable it to flexibly accommodate regional economic and political fluctuations. He also lauded the progressive pro-investment policies adopted by the country, and underscored the role of the participating institutions as major market players contributing to the sustainable growth in the national economy.

H.E. Al Salem thanked both the Government and the Central Bank of Jordan for their invaluable support and dedicated efforts in opening the Jordanian capital market to new investment instruments and Islamic finance transactions in particular, creating new means of capitalizing on lucrative investment opportunities in the Kingdom.

Al-Rajhi Cement - Jordan's Chairman, Omar Bin Sulaiman Al-Rajhi, praised Jordan's Government and national institutions for their efforts in creating a positive investment environment and supporting the implementation of economically viable investments in the Kingdom. He also thanked them for their support for the issuance of the first Sukuk in Jordan, thus enabling the company to adhere to its commitment to aligning its financing activities with Islamic Shari'a law.

The Sukuk were structured based on the Ijara (leasing) principle, through which the benefit in the underlying leased assets is represented by the issued Sukuk (securities).

Al-Rajhi Cement - Jordan was established as a private shareholding company in 2006 and is wholly owned by Al-Rajhi Cement Holding Ltd, which is registered in the Dubai International Financial Centre. Al-Rajhi Cement - Jordan established and operates a cement manufacturing plant in Al-Mafraq, Jordan, which commenced distribution of its products in the local market during 2010.

In turn, Capital Investments' CEO Omar Al Wir communicated his pride in the cooperation that brought together leading financial institutions to introduce Sukuk for the first time in the local market, stating that "We hope that this alliance will pave the way for future successful Islamic finance transactions in the Kingdom."

Al Wir also commended the General Ifta' Department's efforts in facilitating the Shari'a-compliant structuring of the Sukuk and its contribution to the successful closing of this landmark transaction. He also thanked Al-Tamimi & Company Advocates and Legal Consultants for their role as legal counsel for the transaction, noting the firm's extensive experience in Islamic finance transactions in the Gulf.

In addition, Omar Al Wir stated that this issuance corresponds to the growing interest in and appetite for Islamic financing instruments in the local market, and that it reflects the readiness of the Jordanian economy to accommodate developments in the regional and international markets, and the growing Islamic finance segment in particular.

How To Succeed With Radio Interviews

Just as the local papers must make their pages relevant to their readers, the local radio stations need to fill their air time with a certain amount of local issues talking to local people. They will have discussions where they invite the public to participate by calling in, but there are many other opportunities where you may be invited to give a brief interview over the phone or you might be invited into the studio for a particular programme. If you have something to say and say it well, chances are that the station will come back to you time and time again. You can often initiate the process through staging a particular action or through a press release you issue, or by contacting the station directly, but in the long run it is all down to developing a relationship, as journalists, like most people, succumb to inertia, and if they have a reliable contact who will express an opinion eloquently enough for their purposes, they won’t bother going through the troubles of finding somebody else.
Getting a chance to speak is, however, only half the story, how you come across once you participate is the crucial other half. Too many good opportunities have been wasted by people insufficiently prepared for the occasion and unaware of what to expect. We’ve therefore put together a few hints and suggestions.
First of all, to get your message across it must be suitable for the target audience. If at all possible, you should listen to a particular programme before you take part in it yourself. Every radio station has its own type of listeners, and you will have to be able to speak to them in their own language, and within a station, different programmes aim at different sections of the listening community. There is a lot to be learned by listening to good speakers on the radio, and even more by listening to the mistakes of those unfortunate enough to have got it wrong. For your point to be taken on board, it must sound convincing, which in turn means you must sound natural and at ease with it yourself.
Good subject knowledge is definitely a plus, but there is no point overwhelming an audience with too many facts. Your aim is not to be acknowledged as an expert, but to break things down to key points easy enough to understand for everybody else. You may make a note of, let’s say, key figures, but too much detail often gets in the way of the clarity of your argument, and at no time should the flow of speech be impeded by reading from paper. Radio is a listening medium, and you should imagine talking to a real person even if you are only at the end of a telephone line or in a self-operated studio. Your contribution should be lively and enthusiastic, but not over the top, edging on the hysterical, nor should it be dry and monotonous. If you can get it out of your head that you are broadcasting and behave as if you were talking to one or two people directly in your presence, you will give a much improved impression.
Good preparation is important so that you don’t get caught out, particularly if the interview is live. In fact, there are slightly different techniques for live and pre-recorded interviews.
In a live interview you want to let the cat out of the bag, that is get the most important statements out of the way, as soon as possible, for if you save them for later, you might be off the show before you get the chance. The interviewer might want to lead you down a particular path of reasoning or corner you to get you to say what he or she wants to hear. Always feel sovereign enough to sidestep a leading question. You should only say what you feel comfortable with, and if you feel a question is devious or inappropriate, say so, politely of course. “I see what you’re getting at, but the real question is…” is a way of escaping out of such a cul-de-sac. You may feel under pressure, but it is important not to let on, and to stay calm throughout. Correct false assumptions, but don’t get drawn into slinging match, nor get yourself forced onto the defensive. Stick to the positive side of your case as much as possible.
A pre-recorded interview requires quite a different strategy. Keep your statements short and to the point and avoid at all cost to be side-tracked into saying anything not too relevant to your case, in order to minimise the potential of having your best contributions edited out and something relatively inconsequential broadcast instead. For example “I don’t object to the councillor’s right to express his opinion, but I profoundly disagree with what he has said” may well end up in you being quoted as saying “I don’t object to the councillor’s right to express his opinion” – full stop – so cut out the niceties and stick to “I profoundly disagree with the councillor”.
Proficiency comes with practice, and it is therefore equally important not to take on a task unless you are confident you can handle it. Just because a radio station would like a comment from you does not mean you have to comment. Unless you deal with the issue competently, you might actually make things worse by participating. So you also need to know when to refuse or at least postpone an interview opportunity, so you can adequately prepare or ask others for advice on what to say. Avoid being set up for a cock fight by the media, for example in order to allow them to split the community into moderates and fundamentalists. Radio show hosts love controversy, but scoring points is not always the best way of helping people understand your arguments.
It has already been mentioned that your words need to be appropriate for your intended target group and the type of audience of the station you are talking to. It is a safe bet that the majority of those will be people only slightly aware of your activities, if at all, so any jargon or technical terms should at all costs be avoided unless absolutely essential. To the uninitiated it will only sound like gibberish. The same goes for unfamiliar abbreviations.
Needless to say, but nonetheless important, that you should avoid any distractions whilst being interviewed, as the situation is tense enough by itself. Visit the bathroom beforehand, wear comfortable cloth and sit in a comfortable, private location. Turn off your mobile and make sure people around you are aware of you doing an interview. There’s nothing worse than the phone ringing in the background or someone shouting “have you seen my car keys?” whilst you’re trying to make a point. And, of course, turn off you’re radio set; besides the possible feedback noise, you won’t be able to listen in and talk at the same time, so leave the recording to somebody else for later reviewing.

India's largest English Islamic magazine's woman editor

She isn't the stereotypical "Muslim woman", draped in a burqa or kept confined to her home, that the "mainstream" media portrays Muslim women as and as traditionalist Muslim clerics would like them to be. Nigar Ataulla is the editor of India's largest-selling English-language Islamic magazine, Islamic Voice, based in Bangalore. She enjoys the enviable distinction of being one of the few women editors of any major religious periodical in the country.
"Both my parents were academics", the soft-spoken Ataualla tells me, "and they insisted that all their children-we three sisters- should be well-educated and stand on our own feet". After taking a degree in journalism, Ataulla worked for several years with an advertising agency, till she decided that making commercial advertisements was not really what she wanted to do for the rest of her life. "I had an irrepressible urge within to communicate to a wider audience and that is how I entered the field of journalism", she explains. She began by publishing letters in various newspapers, and then did a short stint with "Meantime", a Muslim-owned monthly, till three years ago when she was appointed as editor of Islamic Voice.
A woman heading an Islamic magazine, Ataulla says, may not raise many eyebrows in many other countries, but in India it certainly is a major challenge. Although her appointment as the editor of Islamic Voice did not stir any controversy, she says that some people might have balked at the idea of a woman editor when other, and what they thought of as equally capable, men were available for the job. Managing an Islamic magazine, Attaulla says, is no easy task. "We have to be constantly cautious of how even a minor remark or statement would be received, because some people might get affronted as raise a hue and cry". Since Islamic Voice aims at a broad Muslim audience, unlike many other Islamic magazines that cater to particular Muslim sects, an innocuous article on any issue might be construed as an attack on a particular sect or its beliefs and practices. Attaulla cites an example. "I wanted to write a lead article on the popular practices associated with the celebration of the Prophet's birthday, the processions that are taken out in the streets, the bursting of crackers, feasting and so on. I wanted to say that all this is unnecessary and is not taught in the Quran, but I was not able to do so for fear that it would anger a particular Muslim sect that believes these practices are all allowed for in Islam.
Another major problem that bedevils the Muslim media in India, Attaulla says, is the paucity of people who can write on social issues. "Very few of our contributors are willing to do any field-work or investigative stories that entail travelling to the field. They would prefer to sit in the comfort of their homes or libraries and simply quote from the Qur'an or the sayings of the Prophet on this or that issue, thinking that in this way all our problems will be solved". This simplistic approach, she says, informs Muslim publishing in general in India. "Muslim publishing houses specialise in producing books on Islamic theology and law, and very few of them have published anything on actually existing Muslim communities and their real-world social problems and concerns. They seem to imagine that preaching about Islam is a substitute for actually engaging in understanding and working to change society". Likewise, she says, in the madrasas, where the ulama or Muslim clerics, are trained, students are, in general, kept ignorant of contemporary social reality, because of which they are unable to write on anything other than strictly religious issues. Similarly, few Muslim bookshops stock anything other than religious books. Even fewer sell books by liberal Muslim thinkers." For these sorts of books", Attaulla tells me, "I inevitably have to go to non-Muslim bookshops. I think this really tells a lot about the level of intellectual discourse in our community".
Attaulla pleads for Muslim journalists and publishing houses to think beyond simply religious issues narrowly defined. "It's as if they believe that confronting the real world, which is far from the ideal world that they aspire to, might weaken their own faith. This has to change if Muslim journalism is to be responsive to people's lived realities", she insists. An "obsessive concern" for religious issues, and ignoring other aspects of life, she says, is a dominant feature of much of the Muslim press. "Muslims, as a rule, respond only to religious issues or issues that concern them alone", she says. "We need to think also of the wider society, and of issues other than those strictly religious as well. How else can we expect others to take an interest in our issues and problems?", she asks.
"Most Muslim publishing houses and organisations are ideologically driven", Attaulla explains. "They are associated with one or the other Muslim sect and see their mission as promoting that particular sectarian view in the name of Islam". Consequently, alternate views are frowned upon and are often sought to be suppressed. She cites the instance of a function organised recently in Bangalore by a certain Islamic organisation that included a book exhibition. "The organisers sent out a list to the different groups setting up bookstalls at the event mentioning the titles of the books that could be advertised or sold. Many of the groups protested at this attempt at moral policing and refused to participate in the function. Unless we are able to openly express diverse views and engage in dialogue, rather than branding each other as enemies how can we progress?", she asks, explaining that Islamic Voice seeks to rise above sectarian differences and thereby help promote a climate conducive to dialogue within the community as also between Muslims and Hindus.
Our conversation turns to the issue of Muslim women and their portrayal in the media. Attaulla admits that the "mainstream" Indian media does have a tendency to sensationalise the marginalisation of Muslim women and thereby portray Islam as "obscurantist". "Mainstream" papers rarely publish any positive stories about Muslim women, thereby reinforcing the stereotypical image of Muslim women as oppressed and pathetic creatures. At the same time, Ataulla argues, deeply-entrenched patriarchal structures and prejudices within the community cannot be ignored and must also be challenged. Yet, she adds, patriarchy and women's oppression, she says, is a universal phenomenon and one that is by no means specific to Muslims alone. Hence, she says, Muslim women must also work with their sisters in other communities to critique patriarchy and struggle for their rights. Ataulla believes many secular women's groups are seriously committed to Muslim women's issues, and she herself has worked with them on numerous occasions. She tells me, with approval, of the Muslim women who regularly approach a secular women's group in Bangalore for counselling or who visit the family court located in the Police commissioner's office for help. "If the ulema or Muslim organisations are unable to provide them the support and comfort they need, it is but right that these women should look for other sources of help. After all, these other groups are not engaged in any anti-Islamic conspiracy, as is sometimes alleged by some Muslims", she says.
Attaulla describes herself as a believing and practising Muslim. She does not see Islam, as she understands it, as sanctioning gender inequality. "I believe that every woman must be educated and must also be economically independent, even after marriage", she insists. She sees nothing "un-Islamic" about this, and argues that the opinion of the conservative ulema that women must remained confined to their homes is not strictly Quranic. "The argument that women must always be accompanied by men every time they step out of their homes is completely wrong", she says. "Why should women be controlled in this way? Islam preaches freedom, so it is not Islamically legitimate to oppose a woman's basic freedom, provided she abides by basic moral virtues. The same holds true in the case of a man, although, unfortunately, this issue is hardly ever raised.
Rethinking traditional rulings on a range of issues, including women, Ataulla argues, is imperative in order to develop a relevant understanding of Islam for today. The conservative ulema who insist on women being kept cloistered in their homes have mistaken medieval Muslim jurisprudence or fiqh for the divine law or shariah, she explains, and says that this has led to the growing irrelevance of many of their pronouncements on women which few educated Muslim women would willingly assent to. Medieval fiqh texts, she says, continues to be taught in the madrasas unmodified and are presented as the normative shariah, valid for all time. Since the corpus of medieval fiqh developed in a hierarchal and patriarchal society, it naturally reflects patriarchal biases. "The task before Muslim intellectuals today", Attaulla insists, "is to go back to the Quran for inspiration, instead of blindly following what the medieval scholars said and wrote". The distinction between the letter and the spirit of the shariah must also be kept in mind, she argues, in order to interpret the shariah in consonance with modern concerns and sensibilities. In Attaulla's Quran-centric vision of Islam, women and men have equal rights to education and work outside the home, although, she adds, they must both observe proper decorum and modesty.
Getting across this message of Quranically-mandated gender equality is no easy task, Ataulla admits. The conservative ulema, particularly of the older generation, she says, have been trained in a patriarchal tradition. She places her hopes in the younger generation of ulema coming out of somewhat more progressive madrasas like the Nadwat ul-Ulema in Lucknow, who recognise the importance of women's education and empowerment. She cites an instance of a madrasa near Mysore she recently visited, many of whose students are from the Nadwat ul-Ulema. She was the first woman to speak at the madrasa, and the students, she says, were "very open" to the idea of being lectured to for the first time in their lives by a woman.
The press is a crucial means for promoting gender justice, Ataulla says, but laments that the Muslim press has not seriously taken up this issue. More often than not, she says, Muslim papers uncritically uphold and defend the views on women of the traditionalist ulema. If more Muslim women were to take to writing, she says, they might offer different, more progressive, understandings of Islam, including on the issue of women. As of now, few women are doing that. This owes to several factors, including low female literacy among Muslims, the small middle class among the community that can spearhead reforms and articulate new, more gender-positive understandings of Islam, and the fact that many people believe that women are not qualified enough to speak authoritatively about their religion. "We would love to carry more stories written by women in Islamic Voice", Attaulla says, "but we receive so few of them. Most of them are from abroad, and the stuff we get from most women in India are either poems or else quotations from the Quran and sayings of the Prophet. We get very few articles from our women contributors, and indeed from men as well, on the actual living conditions of Muslim women or on modernist understandings of Islam and gender justice that are being articulated today in some Arab and Western Muslim scholars and activists.
Attaulla has mixed feelings on the All-India Muslim Personal Law Board, that imagines itself as the sole spokesman of all the Muslims of India. She says, "The Board cannot be wished away, but it certainly must be reformed". She sees it as dominated by older generation ulema, many of whom are out of touch with the times, and argues for the inclusion of younger, more open-minded ulema, particularly from south India, as well as community activists. She also stresses the need to include many more women in the Board, complaining that the few women who are presently members of the Board are not taken seriously. Having more educated and socially involved women members might force the Board to take women's issues more seriously than it has so far. Partly because of the silence of Muslim women's voices within the Board, she says, the Board has been unable or unwilling to listen to their demands for reforming Muslim Personal Law. In this regard she terms the Board's recently released "model" nikahnamah or marriage contract as failing to meet women's demands. "It does not outlaw the un-Quranic practice of triple talaq in one sitting, and nor does it insist on the need for absolute equality and justice between the wives in the case of a polygamous marriage", she complains. The exclusion of tafweez-e talaq or delegated divorce that allows for the dissolution of a marriage if the husband fails to meet certain specified conditions is equally "unfortunate", she says, although she adds that the inclusion of a clause in the nikahnamah specifying the mehr or dower received by or promised to the wife is a welcome step.
On the Board's controversial appeal to Muslims to have their marital disputes solved in dar ul-qazas or shariah courts manned by traditionalist ulema, instead of the state courts Attaulla is clearly not enthusiastic. It is likely that women may not be able to get justice from these parallel courts, she says, because the ulema who man them generally uphold the rules of medieval fiqh that militate against women's equality, and also because in their decisions the state courts would be more likely to be governed by the facts of the case than by a dogged commitment to medieval fiqh prescriptions, in contrast to the ulema. She disagrees with the argument, put forward by some members of the Board, that the state courts are not competent to try cases under Muslim Personal Law or that they might be engaged in a "conspiracy" to "destroy" Islam and Muslim identity by interpreting the shariah in a manner that, while granting women more rights, departs from traditional notions of fiqh. "Muslims do feel that their identity is threatened, especially from Hindutva chauvinists, but I think we Muslims also overdo this conspiracy theory sometimes. It is ridiculous to claim that just about everything that the government wants to do for Muslims is actually a so-called anti-Islamic conspiracy", she exclaims.
It is now prayer-time and the call of the muezzin from the mosque nearby rings out. I take my leave and, walking down the street in the scorching sun, I muse about the fallacy of stereotypes and of how the woman I have just met hardly fits the mould of the stereotypical Muslim woman that the "mainstream" media, the conservative ulema and die-hard Islamists have so sedulously colluded in constructing.