Law

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.

206599

Wife . Court . Shariah . Law . Takfir . Shirk

My wife asked for my opinion on courts that don't follow Sharia law. I don't believe in man-made courts, but we live in a country without Sharia. She called me a Kafir and accused me of Shirk before leaving. What should I do in this situation?

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 3 months ago

Bismihi ta'āla

Whatever your view may be about man-made laws and courts, it has nothing to do with shirk and kufr. It seems the issue your wife has with you is not about courts. What you should is try to mend the relationship, if you can, and avoid having these kind of arguments.

And Allah knows best

198880

Woman . Law

What guidance does Islamic teaching provide for working women to uphold Islamic order and law?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 7 months ago

1. Full Hijab is compulsory on every Muslim woman.

2. Her husband’s permission if she is married to ensure that her working out of her house does not violate or harm the rights of her husband.

3. Avoiding any unnecessary talks or chatting with men.

4. Performing obligatory Prayers withing its timings.

5. The nature of the work itself must be lawful so that the income will be then lawful.

Wassalam.

189117

Divorce . Woman . Court . Law . Shi'a . Khula

I was told by someone that the concept of Khul' does not exist in Shi'a Islam. The woman cannot obtain divorce and the divorces of Shi'a women who have gotten Khul' through court, in Islamic states, are invalid. Is this true?

There are many types of Talaq in Islam of Ahlul Bayt (AS) including Khul'i Talaq.but the concept of Khul' is different between the Islamic rules and general public. Many people think that Khul' is divorce enforced with out any consent of approval of the husband. This is not the real meaning of Khul' in Islamic rules. Khul' is a type of divorce when the wife does not like to continue with her husband and offer him any amount to make him give her divorce. When agrees and takes from her what agreed upon for the Talaq, that Talaq is called Khul'i.

If the husband is doing injustice in his wife and not agreeing to divorce her, she can refer her case to the Islamic authority (Marje' of Taqleed) who takes three steps: 1. Ordering the husband to give his wife all her rights with out any injustice. If husband refuse then 2. Order the husband to give divorce to his wife. If refuses again then 3. The Marje' ' himself give Talaq to this woman to release her from injustice.

Wassalam.

183890

Canada . Smoking . Law

Is it considered Haram for someone who is underage to purchase and smoke vaporizers in Canada, given that the legal age for such activities is 19?

Starting smoking is not permissible according to the verdicts of many of our leading Maraaje' of Taqleed.

Wassalam.

182595

Mother . Law . Wife

Is it wrong for me to feel that as a wife, my primary duty is to my husband, and not necessarily to maintain a constant close relationship with my mother-in-law?

No doubt, your primary duty is to your husband, but never cause your husband a harm or insult or disrespect through ignoring his family. Your positive attitude to your in-laws reflects on the life and happiness of your husband. Try your best to keep your husband happy and respected in his family.

Maintaing good relationship with your in-laws is part of the happiness and respect of your husband.

Wassalam..

167083

Punishment . Law . Torah . Qur'an . Banu Umayyah

Was stoning adopted as part of Shariah by the Umayyads due to its existing implementation as Mosaic laws mentioned in the Torah? Are there any differences of opinion in Shia jurisprudence regarding the Quranic basis for stoning?

Seyed Ali Shobayri, Seyed Ali Shobayri is of mixed Iranian and Scottish descent who found the path of the Ahlul Bayt (a) by his own research. He holds a BA in Islamic Studies from Middlesex University through the... Answer updated 2 years ago

Bismillah,

Asalamu Alaykom,

The concept of stoning isn't mentioned in the Quran but is mentioned in the ahadith.

Stoning is also found in various passages in bible such as the following:

"20 If, however, the charge is true and no proof of the young woman’s virginity can be found, 21 she shall be brought to the door of her father’s house and there the men of her town shall stone her to death. She has done an outrageous thing in Israel by being promiscuous while still in her father’s house. You must purge the evil from among you."

Deuteronomy 22:13-21

Therefore, no one from the Christians or Jews can try to argue that such a punishment is evil or wrong since they all believe that God legislated it at one point or another.

As for the Islamic view, stoning is among the various Islamic penalties (hudūd) however, such punishments have different conditions in order for them to be implemented. It is not a simple matter for such punishments to be implemented and not any random person can do so.

In the case of stoning, 4 upright and just witnesses must have witnessed the sexual penetration occur at the same time. This is stated in ahadith such as from Imam Ja’far al-Sadiq (as) where he gives the analogy of the act being seen like how a pencil is dipped in a pot of ink.

Now such a condition is very difficult to be achieved and this leads one to believe that such a punishment, is meant to be more of a deterrent and highlight how grave the sin of adultery is.

So adultery if not proven by witnesses, would then be proven by admission of the person or both parties. We find that narrations show that whenever a punishment of stoning was carried out, this would have been done due to multiple admissions by the ones who did it. The philosophy of Islam however encourages one to not expose their sins and that they should instead, sincerely repent.

Some of the ulema would also state that such punishments can only be administered under the government directly led by the ma’soum and that within our current time, these punishments, wouldn’t be able to be carried out due to the absence of ma’soum.

Such punishments are meant to also be a purifier in this world and the punishment of the world, is way lighter than that of the akhira.

May Allah grant you success

157264

Law . Wife . Mahr . Marriage

I recently got married according to Islamic law. Can I now increase my wife's Mahr? If yes, what is the proper Islamic procedure for doing so?

Bismihi ta'ala

I would strongly recommend you look into the functionality of mahr, as unfortunately many Muslimshave completely misunderstood what mahr/sidaq is for.

Mahr is nothing but a gesture and tokan of the groom's truthfulness in his proposal for marriage, and once the nikah is done, you both live amicably, with utmost respect, love, commitment and mercy.

Should you wish to spend some money on her, or take her to Hajj, or buy jewellery for her, or property in her name, or anything else, that is out of your good will, and can be used by both of you as an investment for yor future as a family.

It does not need to be under the title of "mahr", and none of these things work as a bond or a security for the continuation of the marriage or good spousal treatment.

Islam teaches us to keep distant from developing a materialistic mentality, and marriage should never be about money or wealth.

And Allah knows best

146700

Divorce . Husband . Wife . Law . Marriage

Does giving a British divorce by a husband, who has no intention to break up, nullify the Nikah when the sole reason for giving it is to bring a second wife to the UK, which is otherwise not allowed by UK law unless a divorce is given to the first wife?

Bismihi ta'ala

No, a civil divorce does not take the place of a shar'i divorce.

What this husband must do is find out if his violation of law of the land is sinful and haram.

But nonetheless, it will not affect the shar'i legitimacy of the marriage, and they would still be husband and wife from a shar'i perspective.

And Allah knows best.

81757

Law . Death . Police

I am a law enforcement official. What is my position in a religious sense if I am being shot at and I shoot back and the person dies?

First of all you as a Muslim should avoid harming any innocent person. Just suspension about a person is not enough but concrete evidence must be known to you.
If a person tries to shoot you, you should try to protect yourself in every possible way. If you to protect yourself by shooting back, you should avoid killing the person as much as you can. You should never try to kill a person if you have any other way to protect yourself.

'I advise you to be away from a job which can lead you to kill any human being.

Wassalam.

137636

Time . Father . Law . Mahr . Marriage

At the time of my Nikah my father-in-law did not let me or my father decide my Mahr. Can anything be done about it now?

If you have agreed to the Mahr which was suggested by your husband or father-in-law, then it is valid Nikah. But if you rejected the Mahr before the recitation of the Nikah, you need to recite the Nikah again with an agreed Mahr between you and your husband.

Wassalam.

112965

Food . Law . Children

I see many expat ladies giving tuitions to kids or selling homemade food in a country which does not allow it for them according to law. Would that be considered Islamically permissible?

Rebecca Masterton, Dr Rebecca Masterton graduated with a BA in Japanese Language and Literature; an MA in Comparative East Asian and African Literature and a PhD in Islamic literature of West Africa. She has been... Answered 3 years ago

Regardless of whether it is permissible or not, supposing one of them was caught? What reputation would that give to the Shi'a living in that country? Why do they want the benefits of living in that country while at the same time not respecting it?

128431

Australia . Law . Lawyer

I live in Australia, can I study law in this country and become a lawyer?

Yes you can as a Muslim study law in any part of the world to defend the oppressed. You must avoid supporting any wrong even if it is done under a legal cover.

Wassalam.