Dare to Speak: Islam vs Free Democracy and Free Enterprise (II)
Appendix
A: The Medina Charter[1] (622 C.E.)
In the name of God the Compassionate, the Merciful.
(1) This is a document from Muhammad the prophet (governing the relations) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and labored with them.
(2) They are one community (umma) to the exclusion of all men.
(3) The Quraysh emigrants according to their present custom shall pay the bloodwit within their number and shall redeem their prisoners with the kindness and justice common among believers.
(4-8) The B. ‘Auf according to their present custom shall pay the bloodwit they paid in heathenism; every section shall redeem its prisoners with the kindness and justice common among believers. The B. Sa ida, the B. ‘l-Harith, and the B. Jusham, and the B. al-Najjar likewise.
(9-11) The B. ‘Amr b. ‘Auf, the B. al-Nabit and the B. al-‘Aus likewise.
(12)(a) Believers shall not leave anyone destitute among them by not paying his redemption money or bloodwit in kindness.
(12)(b) A believer shall not take as an ally the freedman of another Muslim against him.
(13) The God-fearing believers shall be against the rebellious or him who seeks to spread injustice, or sin or animosity, or corruption between believers; the hand of every man shall be against him even if he be a son of one of them.
(14) A believer shall not slay a believer for the sake of an unbeliever, nor shall he aid an unbeliever against a believer.
(15) God’s protection is one; the least of them may give protection to a stranger on their behalf. Believers are friends one to the other to the exclusion of outsiders.
(16) To the Jew who follows us belong help and equality. He shall not be wronged nor shall his enemies be aided.
(17) The peace of the believers is indivisible. No separate peace shall be made when believers are fighting in the way of God. Conditions must be fair and equitable to all.
(18) In every foray a rider must take another behind him.
(19) The believers must avenge the blood of one another shed in the way of God.
(20)(a) The God-fearing believers enjoy the best and most upright guidance.
(20)(b) No polytheist shall take the property of person of Quraysh under his protection nor shall he intervene against a believer.
(21) Whoever is convicted of killing a believer without good reason shall be subject to retaliation unless the next of kin is satisfied (with blood-money), and the believers shall be against him as one man, and they are bound to take action against him.
(22) It shall not be lawful to a believer who holds by what is in this document and believes in God and the last day to help an evil-doer or to shelter him. The curse of God and His anger on the day of resurrection will be upon him if he does, and neither repentance nor ransom will be received from him.
(23) Whenever you differ about a matter it must be referred to God and to Muhammad.
(24) The Jews shall contribute to the cost of war so long as they are fighting alongside the believers.
(25) The Jews of the B. ‘Auf are one community with the believers (the Jews have their religion and the Muslims have theirs), their freedmen and their persons except those who behave unjustly and sinfully, for they hurt but themselves and their families.
(26-35) The same applies to the Jews of the B. al-Najjar, B. al-Harith, B. Sai ida, B. Jusham, B. al-Aus, B. Tha’laba, and the Jafna, a clan of the Tha‘laba and the B. al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha ‘laba are as themselves. The close friends of the Jews are as themselves.
(36) None of them shall go out to war save the permission of Muhammad, but he shall not be prevented from taking revenge for a wound. He who slays a man without warning slays himself and his household, unless it be one who has wronged him, for God will accept that.
(37) The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document. They must seek mutual advice and consultation, and loyalty is a protection against treachery. A man is not liable for his ally’s misdeeds. The wronged must be helped.
(38) The Jews must pay with the believers so long as war lasts.
(39) Yathrib shall be a sanctuary for the people of this document.
(40) A stranger under protection shall be as his host doing no harm and committing no crime.
(41) A woman shall only be given protection with the consent of her family.
(42) If any dispute or controversy likely to cause trouble should arise it must be referred to God and to Muhammad the apostle of God. God accepts what is nearest to piety and goodness in this document.
(43) Quraysh and their helpers shall not be given protection.
(44) The contracting parties are bound to help one another against any attack on Yathrib.
(45)(a) If they are called to make peace and maintain it they must do so; and if they make a similar demand on the Muslims it must be carried out except in the case of a holy war.
(45)(b) Every one shall have his portion from the side to which he belongs.
(46) The Jews of al-Aus, their freedmen and themselves have the same standing with the people of this document in purely loyalty from the people of this document. Loyalty is a protection against treachery. He who acquires ought acquires it for himself. God approves of this document.
(47) This deed will not protect the unjust and the sinner. The man who goes forth to fight and the man who stays at home in the city is safe unless he has been unjust and sinned. God is the protector of the good and God-fearing man and Muhammad is the apostle of God.
References for Appendix A:
[1]A. Guillaume, The Life of Muhammad — A Translation of Ishaq’s Sirat Rasul Allah, Oxford University Press, Karachi, 1955; pages 231-233. Numbering added.
Appendix B: Excerpts from Shari’ah regarding marriage[1]
Although the following rules and laws were dictated by a Shiite cleric, they are, for the most part, practiced by both Sunnis and Shiites.
Marriage (Part I of II)
The relation between man and woman becomes lawful by contracting marriage. There are two kinds of marriages:
(i) Permanent marriage
(ii) Fixed-time marriage
In a permanent marriage, the period of matrimony is not fixed, and it is forever. The woman with whom such a marriage is concluded is called da’ima (i.e. a permanent wife).
In a fixed time marriage (Mut’ah), the period of matrimony is fixed, for example, matrimonial relation is contracted with a woman for an hour, or a day, or a month, or a year, or more. However, the period fixed for the marriage should not exceed the span of normal lives of the spouses, because in that case, the marriage will be treated as a permanent one. This sort of fixed time marriage is called Mut’ah or Sigha.
Marriage Formula
2372. Whether marriage is permanent or temporary, the formal formula must be pronounced; mere tacit approval and consent, or written agreement, is not sufficient. And the formula (Sigha) of the marriage contract is pronounced either by the man and the woman themselves, or by a person who is appointed by them as their representatives to recite it on their behalf.
2373. The representative should not necessarily be a male. A woman can also become a representative to pronounce the marriage formula.
2374. As long as the woman and the man are not certain that their representative has pronounced the formula, they cannot look at each other as Mahram (like husband and wife), and a mere probable suspicion that the representative might have pronounced the formula is not sufficient. And if the representative says that he has pronounced the formula, but his assertion does not satisfy the parties concerned, it will not be deemed sufficient.
2375. If a woman appoints a person as her representative so that he may, for example, contract her marriage with a man for ten days, but does not specify the day from which the period of ten days would commence, the representative can contract her marriage with that man for ten days from any day he likes. However, if the representative knows that the woman intends a particular hour or day, he should pronounce the formula according to her intention.
2376. One person can act as the representative of both sides for reciting the formula of permanent or temporary marriage. It is also permissible that a man may himself become the representative of a woman and contract permanent or temporary marriage with her. However, the recommended precaution is that two separate persons should represent each side, for the formula of marriage contract.
The Method of Pronouncing the Marriage Formula
2377. If a woman and a man themselves want to recite the formula of permanent marriage, the woman should first say: Zawwajtuka nafsi ‘alas sidaqil ma’lum (i.e. I have made myself your wife on the agreed mahr), and then the man should immediately respond thus: Qabiltut tazwij (i.e. I accept the marriage). In this way, the marriage contract will be in order. And if a woman and a man appoint other person to act as their representatives for pronouncing the formula of marriage, and if, for example, the name of the man is Ahmad and that of the woman is Fatimah, the representative of the woman should first say: Zawwajtuka muwakkilaka Ahmad muwakkilati Fatimah ‘alas sidaqil ma’lum (i.e. I have given to your client Ahmad in marriage my client Fatimah on the agreed mahr) and thereafter the representative of the man should immediately respond thus: Qabiltut tazwijali Muwakkili Ahmad ‘alas sidaqil ma’lum (that is, I accepted this matrimonial alliance for my client Ahmad on the agreed Mahr). Now the marriage contract is in order. And, on the basis of recommended precaution, it is necessary that the words uttered by the man should conform with those uttered by the woman; for example, if the woman says: Zawwajituka…(i.e. I have made myself your wife) the man should also say: Qabituttazwija…(i.e. I accept the matrimonial alliance) and not Qabitun Nikaha.
2378. It is permissible for a man and a woman to recite the formula of the temporary marriage (Mut’ah), after having agreed on the period of marriage and the amount of Mahr. Hence, if the woman says: Zawwajtuka nafsi fil muddatil ma’lumati ‘alal mahril ma’lum (i.e. I have made myself your wife for an agreed period and agreed Mahr), and then the man immediately responds thus: Qabiltu (i.e. I have accepted), the marriage will be in order. And the marriage will also be in order if they appoint other persons to act as their representatives. First, the representative of the woman should say to the representative of the man thus: Matta’tu muwakkilati muwakkilaka fil muddatil ma’lumati ‘alal mahril ma’lum (i.e. I have given my client to your client in marriage for the agreed period and the agreed Mahr), and then the representative of the man should immediately respond thus: Qabiltut tazwija li muwakkili hakaza (i.e. I accepted this matrimonial alliance for my client this way).
Conditions of Pronouncing Nikah
2379. There are certain conditions for the Nikah recited for marriage. They are as follows:
(i) On the basis of precaution, the formula (Nikah) of marriage contract should be pronounced in correct Arabic. And if the man and the woman cannot pronounce the formula in correct Arabic, they can pronounce the Nikah in any other language, and it is not necessary to appoint any representatives. But the words used in translation must convey strictly the meaning of “Zawwajtu” and “Qabiltu”.
(ii) The man and the woman, or their representatives, who recite the Nikah, should have the intention of Insha’ (i.e. reciting it in a creative sense, making it effective immediately). In other words, if the man and the woman themselves pronounce the formula, the intention of the woman by saying: Zawwajtuka nafsi’ should be that she effectively makes herself the wife of the man; and by saying: “Qablitut tazwija” the man effectively accepts her as his wife. And if the representatives of the man and the woman pronounce the Nikah, their intention by saying: ‘Zawwajtu’ and ‘Qablitu’ should be that the man and the woman, who have appointed them as their representatives, have effectively become husband and wife.
(iii) The person who pronounces the Nikah (whether he pronounces it for himself or has been engaged by some other person as his representative) should be sane, and as a precaution, he should be baligh [of mature age] also.
(iv) If the Nikah is pronounced by the representatives or the guardians of the man and the woman, they should identify the man and the woman by uttering their names or making intelligible signs towards them. Hence, if a person has more than one daughter, and he says to a man: Zawwajtuka Ihda Banati (i.e. I have given away one of my daughters to you as your wife) and the man says: Qabiltu (i.e. I have accepted) the marriage contract is void, because the daughter has not been identified.
(v) The woman and the man should be willing to enter into a matrimonial alliance. If, however, the woman ostensibly displays hesitation while giving her consent, but it is known that in her heart, she is agreeable to the marriage, the marriage is in order.
2380. If, while reciting the Nikah, even one word is pronounced incorrectly, as a result of which its meaning is changed, the marriage contract would be void.
2381. If a person pronouncing Nikah comprehends its general meaning, and has a clear intention of effecting that meaning, the Nikah will be valid. It is not necessary for him to know the exact meaning of each word, or to know the laws of Arabic grammar.
2382. If Nikah of a woman is pronounced to a man without her consent, but later both man and woman endorse the Nikah, the marriage is in order.
2383. If the woman and the man, or any one of them, is coerced into matrimony, and they give consent after the Nikah has been pronounced, the marriage is in order, although it is better that the Nikah be repeated.
2384. The father and the paternal grandfather can contract a marriage on behalf of his minor son or daughter, or on behalf of an insane son or daughter, if they are baligh. And after the children have become baligh or the insane has become sane, he can endorse or abrogate it, if the contracted marriage involves any moral lapse or scandal. And if the marriage contract does not involve any moral lapse or scandal, but the na-baligh son or daughter calls off the marriage, then as an obligatory precaution, a Talaq or a renewed Nikah, whatever the case may be, must be recited.
2385. If a girl has reached the age of baligh and is virgin and mature (i.e. she can decide what is in her own interest) wishes to marry, she should, obtain permission from her father or paternal grandfather, although she may be looking after her own affairs. It is not, however, necessary for her to obtain permission from her mother or brother.
2386. In the following situations, it will not be necessary for a woman to seek the permission of her father or paternal grandfather, before getting married:
(i) If she is not a virgin.
(ii) If she is a virgin, but her father or paternal grandfather refuse to grant permission to her for marrying a man who is compatible to her in the eyes of Shari’ahh, as well as custom.
(iii) If the father and the grandfather are not in any way willing to participate in the marriage.
(iv) If they are not in a capacity to give their consent, like in the case of mental illness etc.
(v) If it is not possible to obtain their permission because of their absence, or such other reasons, and the woman is eager to get married urgently.
2387. If the father or the paternal grandfather contracts marriage on behalf of his non-baligh son, the boy, upon attaining baligh, should pay maintenance of his wife. In fact, he should start paying her maintenance before becoming baligh, when he is able to consummate the marriage. And the wife should not be too young to have any sexual relation with the husband. And in the situation other than these, there is a strong indication that she is entitled to maintenance from the husband, therefore a compromise should be carried out as a precaution.
2388. If the father or the paternal grandfather contracts a marriage on behalf of his non-baligh son, they should pay the Mahr if the boy does not own any means, or if either of them undertakes to pay the Mahr himself. In other situations, the father or the paternal grandfather can pay Mahr from the boy’s wealth, but it should not exceed the proper usual Mahr customarily given in similar cases. But if the circumstances demand that higher Mahr be paid, they can pay it from the boy’s wealth, and not otherwise, unless the boy approves it after having become baligh.
Occasions When Husband or Wife Can Nullify Nikah
2389. If the husband comes to know after Nikah that his wife had, at the time of Nikah, any one of the following six deficiencies, he can annul the marriage:
(i) Insanity, even if it is intermittent.
(ii) Leprosy
(iii) Leucoderma
(iv) Blindness
(v) Being crippled, even if it is not to the extent of immobility.
(vi) Presence of flesh or a bone in the woman’s uterus, which may or may not obstruct sexual intercourse or pregnancy. And if the husband finds that the wife at the time of Nikah, suffered from ‘Ifdha’ – meaning that her urinary and menstrual tract have been one, or her menstrual passage and rectum have been one, he cannot annul the marriage. As an obligatory precaution, he will have to pronounce talaq if he wants to dissolve the marriage.
2390. A woman can annul the Nikah in the following cases, without obtaining divorce:
(i) If s
he comes to know that her husband has no male organ.
(ii) If she finds that his penis has been cut off before or after the sexual intercourse.
(iii) If he suffers from a disease which disables him from sexual intercourse, even if that disease was contracted after the Nikah, or before or after the sexual intercourse.
2390. In the following situations, if a wife refuses to continue with the matrimony and wishes to dissolve the marriage, then as a matter of precaution, the husband or his guardian will solemnize the divorce:
(i) If she comes to know after the Nikah, that the husband was insane at the time of Nikah; or if he becomes insane after the Nikah, before or after consummation of the marriage.
(ii) If she finds out that at the time of Nikah, the husband had been castrated.
(iii) If she learns that he suffered at the time of Nikah from leprosy or leucoderma.
Note: And if the husband is incapable of sexual intercourse, and she wishes to annul the marriage, it will be necessary for her to approach the Mujtahid[2] or his representative, who may allow the husband a period of one year, and if it is found that he was not able to have sexual intercourse with her or with any other woman, the wife can annul the marriage.
2391. If the wife annuls the marriage because of the husband’s inability to have sexual intercourse, the husband should give her half of her Mahr. But, if the man or the wife annuls the marriage because of one of the other deficiencies enumerated above, and if the marriage has not been consummated, he will not be liable for anything. But if the marriage was consummated, he should pay her full Mahr. If the husband annuls the marriage due to the deficiencies mentioned in rule 2389, he will not be liable for anything if he has not had sexual intercourse with her. But if he has had sexual relation with her, then he has to pay full Mahr.
Women With Whom Matrimony is Haraam
2393. Matrimonial relation is haraam with women who are one’s Mahram, for instance, mother, sister, daughter, paternal aunt, maternal aunt, niece (one’s brother’s or sister’s daughter) and mother-in-law.
2394. If a man marries a woman, then her mother, her maternal grandmother, her paternal grandmother and all the women as the line ascends are his Mahram, even if he may not have had sexual intercourse with the wife.
2395 If a person marries a woman, and has sexual intercourse with her, the daughters and grand-daughters (daughters of sons, or of daughters) of the wife and their descendants, as the line goes low, become his Mahram, irrespective of whether they existed at the time of his marriage, or were born later.
2396. If a man marries a woman, but does not have sexual intercourse with her, the obligatory precaution is that as long as their marriage lasts, he should not marry her daughter.
2397. The paternal and maternal aunt of a man, and the paternal and maternal aunt of his father, and the paternal and maternal aunt of his paternal grandfather, and the paternal and maternal aunt of his mother, and the paternal and maternal aunt of his maternal grandmother, as the line ascends, are all his Mahram.
2398. The husband’s father and grandfather, however high, are the wife’s Mahram. Similarly the husband’s sons and the grandsons (son of his sons or of daughters), however low, are her Mahram, regardless of whether they existed at the time of her marriage or were born afterwards.
2399. If a man marries a woman (whether the marriage be permanent or temporary) he cannot marry her sister, as long as she is his wife.
2400. If a person gives a revocable divorce to his wife, in the manner which will be explained under the rules relating to ‘Divorce’, he cannot marry her sister during the Iddah. But if it is an irrevocable divorce, he can marry her sister. And if it is the Iddah of temporary marriage, the obligatory precaution is that one should not marry his wife’s sister during that period.
2401. A man cannot marry the niece (brother’s or sister’s daughter) of his wife without her permission. But if he marries his nieces without his wife’s permission, and she later consents to the marriage, it will be in order.
2402. If the wife learns that her husband has married her niece (brother’s daughter or sister’s daughter) and keeps quiet, and if she later consents to that marriage, it will be in order. If she does not consent later, the marriage will be void.
2403. If before marrying his maternal or paternal aunt’s daughter, a person commits incest (sexual intercourse) with her mother, he cannot marry that girl on the basis of precaution.
2404. If a person marries his paternal or maternal aunt’s daughter, and after having consummated the marriage, commits incest with her mother, this act will not become the cause of their separation. And the same rule applies if he commits incest with her mother after the Nikah, but before having consummated the marriage with her, although the recommended precaution is that in this circumstance he should separate from her by giving her divorce.
2405. If a person commits fornication with a woman other than his paternal or maternal aunt, the recommended precaution is that he should not marry her daughter. In fact, if he marries a woman, and commits fornication with her mother before having sexual intercourse with her, the recommended precaution is that he should separate from her, but if he has sexual intercourse with her, and thereafter commits fornication with her mother, it is not necessary for him to get separated from her.
2406. A Muslim woman cannot marry a non-Muslim, and a male Muslim also cannot marry a non-Muslim woman who is not Ahlul Kitab[3]. However, there is no harm in contracting temporary marriage with Jewish and Christian women, but the obligatory precaution is that a Muslim should not take them in permanent marriage. There are certain sects like Khawarij, Ghulat and Nawasib who claim to be Muslims, but are classified as non-Muslims. Muslim men and women cannot contract permanent or temporary marriage with them.
2407. If a person commits fornication with a woman who is in the Iddah of her revocable divorce, as a precaution that woman becomes haraam for him. And if he commits fornication with a woman who is in the Iddah of temporary marriage, or of irrevocable divorce, or in the Iddah of death, he can marry her afterwards, although the recommended precaution is that he should not marry her.
The meaning of revocable divorce and irrevocable divorce, and Iddah of temporary marriage, and Iddah of death, will be explained under the rules relating to ‘Divorce’.
2408. If a person commits fornication with an unmarried woman and who is not in Iddah, as a precaution, he cannot marry her till he has sought forgiveness from Allah, and repented. But if another person wishes to marry her before she has repented, there is no objection. If a woman is known as a lewd person, it will not be permissible to marry her till she has genuinely repented, and similarly, it is not permissible to marry a man known for his lustful character, till he has genuinely repented. If a man wishes to marry a woman of loose character, he should, as a precaution, wait till she becomes Pak from her menses, irrespective of whether he had committed fornication with her, or anyone else had done so.
2409. If a person contracts Nikah with a woman who is in the Iddah of another man, and if the man and the woman both know, or any one of them knows that the Iddah of the woman has not yet come to an end, and if they also know that marrying a woman during her Iddah is haraam, that woman will become haraam for the man forever, even if after the Nikah the man may not have had sexual intercourse with her.
2410. If a person contracts Nikah with a woman who is in the Iddah of another man, and has sexual intercourse with her, she becomes haraam for him forever even if he did not know that she was in her Iddah, or did not know that it is haraam to marry a woman during her Iddah.
2411. If a person marries a woman knowing that she has a husband, he should get separated from her, and should also not marry her at any time afterwards. And the same rule will apply, as a precaution, if he did not know that the woman was already married, and had sexual intercourse with her after Nikah.
2412. If a married woman commits adultery, she on the basis of precaution, becomes haraam permanently for the adulterer, but does not become haraam for her husband. And if she does not repent, and persists in her action (i.e. continues to commit adultery), it will be better that her husband divorces her, though he should pay her Mahr.
2413. In the case of the woman who has been divorced, or a woman who contracted a temporary marriage and her husband forgoes the remaining period of marriage, or if the period of her temporary marriage ends, if she marries after some time, and then doubts whether at the time of her second marriage, the Iddah of her first husband had ended or not, she should ignore her doubt.
2414. If a baligh person commits sodomy with a boy, the mother, sister and daughter of the boy become haraam for him. And the same law applies when the person on whom sodomy is committed is an adult male, or when the person committing sodomy is non-baligh. But if one suspects or doubts whether penetration occurred or not, then the said woman would not become haraam.
2415. If a person marries the mother or sister of a boy, and commits sodomy with the boy after the marriage, as a precaution, they will become haraam for him.
2416. If a person who is in the state of Ehram (which is one of the acts to be performed during Hajj) marries a woman, the Nikah is void, and if he knew that it was haraam for him to marry in the state of Ehram, he cannot marry that woman again.
2417. If a woman who is in the state of Ehram marries a man who is not in the state of Ehram, her Nikah is void. And if she knew that it was haraam to marry in the state of Ehram, as an obligatory precaution, she should not marry that man thereafter.
2418. If a man does not perform Tawafun Nisa (which is one of the acts to be performed during Hajj and Umrah Mufradah) his wife and other women become haraam for him. Also, if a woman does not perform Tawafun Nisa, her husband and other men become haraam for her. But, if they (man or woman) perform Tawafun Nisa later, they become halal.
2419. If a person contracts Nikah with a non-baligh girl, it is haraam to have sexual intercourse before she has completed her nine years. But if he commits sexual intercourse with her, she will not be haraam for him when she becomes baligh, even if she may have suffered Ifza (which has been described in rule 2389), though as a precaution, he should divorce her.
2420. A woman who is divorced three times becomes haraam for her husband. But, if she marries another man, subject to the conditions which will be mentioned under the rules pertaining to ‘divorce’, her first husband can marry her again after her second husband dies, or divorces her, and she completes the period of Iddah.
Rules Regarding Permanent Marriage
2421. For a woman with whom permanent marriage is contracted, it is haraam to go out of the house without the permission of her husband, though her leaving may not violate the rights of the husband. Also she should submit herself to his sexual desires, and should not prevent him from having sexual intercourse with her, without justifiable excuse. And as long as she does not fail in her duties, it is obligatory on the husband to provide for her food, clothes and housing. And if he does not provide the same, regardless of whether he is able to provide them or not, he remains indebted to the wife.
2422. If the wife does not fulfill her matrimonial duties towards her husband, she will not be entitled for the food, clothes or housing, even if she continues to live with him. But if she refuses to obey occasionally, the common verdict is that even then she cannot claim any entitlement from her husband. But this verdict is a matter of Ishkal[4]. In any case, there is no doubt that she does not forfeit her Mahr.
2423. Man has no right to compel his wife to render household services.
2424. The traveling expenses incurred by the wife must be borne by the husband, if they exceed her expenses at home, and if she had traveled with the husband’s permission. But the fares for travel by car or by air etc. and other expenses, which are necessary for a journey, will be borne by the wife, except when the husband is himself inclined to take her along with him on a journey, in which case he will bear her expenses also.
2425. If the husband, who is responsible for the wife’s maintenance, does not provide her the same, she can draw her expenses from his property without his permission. And if this is not possible, and she is obliged to earn her livelihood, and she cannot take her case to the Mujtahid, who would compel him (even by threatening him with imprisonment) to pay the maintenance, it will not be obligatory upon her to obey her husband while she is engaged in earning her livelihood.
2426. If a man, for example, has two wives and spends one night with one of them, it is obligatory on him to spend anyone of four nights with the other as well; in situation other than this, it is not obligatory on a man to stay with his wife. Of course, it is necessary that he should not totally forsake living with the wife. And as a precaution, a man should spend one night out of every four with his permanent wife.
2427. It is not permissible for the husband to abandon sexual intercourse with his youthful, permanent wife for more than 4 months, except when sexual intercourse is harmful to him, or involves unusually more effort, or when the wife herself agrees to avoid it, or if a prior stipulation to that effect was made at the time of Nikah by the husband. And in this rule, there is no difference between the situations when the husband is present, or on a journey, or whether she is a wife by permanent or temporary marriage.
2428. If Mahr is not fixed in a permanent marriage, the marriage is in order. And in such case, if the husband has sexual intercourse with the wife, he should pay her proper Mahr which would be in accordance with the Mahr usually paid to women of her category. As regards temporary marriage, however, if Mahr is not fixed the marriage is void.
2429. If at the time of Nikah for permanent marriage, no time is fixed for paying Mahr, the wife can prevent her husband from having sexual intercourse with her before receiving Mahr, irrespective of whether the husband is or is not able to pay it. But if she once agrees to have sexual intercourse before taking Mahr, and her husband has sexual intercourse with her, then she cannot prevent him afterwards from having sexual intercourse without a justifiable excuse.
Marriage (Part II of II)
Mut’ah (Temporary Marriage)
2430. Contracting a temporary marriage with a woman is in order, even if it may not be for the sake of any sexual pleasure.
2431. The obligatory precaution is that a husband should not avoid having sexual intercourse for more than four months with a wife of temporary marriage.
2432. If a woman with whom temporary marriage is contracted, makes a condition that her husband will not have sexual intercourse with her, the marriage as well as the condition imposed by her will be valid, and the husband can then derive only other pleasures from her. However, if she agrees to sexual intercourse later, her husband can have sexual intercourse with her, and this rule applies to permanent marriage as well.
2433. A woman with whom temporary marriage is contracted is not entitled to subsistence even if she becomes pregnant.
2434. A woman with whom temporary marriage is contracted, is not entitled to share the conjugal bed of her husband, and does not inherit from him, and the husband, too, does not inherit from her. However, if one or both lay down a condition regarding inheriting each other, such a stipulation is a matter of Ishkal as far as its validity is concerned, but even then, precaution should be exercised by putting it into effect.
2435. If a woman with whom temporary marriage is contracted, did not know that she was not entitled to any subsistence and sharing her husband’s conjugal bed, still her marriage will be valid, and in spite of this lack of knowledge, she has no right to claim anything from her husband.
2436. If a wife of temporary marriage goes out of the house without the permission of her husband, and the right of the husband is in anyway violated, it is haraam for her to leave. And if the right of her husband remains protected, it is a recommended precaution that she should not leave the house without his permission.
2437. If a woman empowers a man that he may contract a temporary marriage with her for a fixed period, and against a specified amount of Mahr, and instead, that man contracts a permanent marriage with her, or contracts a temporary marriage with her without specifying the time or amount of Mahr, the marriage will be void. But if the woman consents to it on understanding the position, then the marriage will be valid.
2438. In order to become Mahram (with whom marriage contract becomes haraam and is treated to be one of the close relatives), a father or a paternal grandfather can contract the marriage of his non-baligh son or daughter with another person for a short period, provided that it does not involve any scandal or moral lapse. However, if they marry a minor boy or a girl who is not in anyway able to derive any sexual pleasure during the period from the spouse, then the validity of such a marriage is a matter of Ishkal.
2439. If the father or the paternal grandfather of an absent child marries it to someone for the sake of becoming Mahram, not knowing whether the child is alive or dead, the purpose will be achieved only if during the period fixed for marriage, the child can become capable of consummating marriage. If it later transpires that it was not alive at the time the marriage was contracted, it will be considered void, and the people who had apparently become Mahram will all become Na-Mahram.
2440. If a husband gifts the wife of Muta’h with the period of her temporary marriage, thus releasing her, and if he has had sexual intercourse with her, he should give her all the things he agreed to give her. And if he has not had sexual intercourse with her, it is obligatory on him to give her half the amount of Mahr, though the recommended precaution is that he should give her full amount of Mahr.
2441. If a man contracted a temporary marriage with a woman, and the period of her Iddah has not ended yet, he is allowed to contract a permanent marriage with her or renew a contract for temporary marriage with her.
Looking At Non-Mahram
2442. It is haraam for man to look at the body or hair of the Non-Mahram women, regardless of whether it is with the intention of pleasure or not, and whether there is a fear of falling into sinful act or not. It is also haraam to look at the faces and the arms, up to the wrists, of such women with the intention of pleasure, or if there is fear of falling into sinful act, and the recommended precaution is that one should not look at their faces or arms even without such an intention. Similarly, it is haraam for a woman to look at the body of Non-Mahram man, except places which are customarily not covered, like, his face, hands, head, neck and feet. She can look at these parts of a man without the intention of deriving any pleasure, or if there is no fear of being entrapped in any sinful act.
2443. To look at the body of a woman who would not care for Hijab, even if she were advised, is not haraam, provided that it does not lead to sinful act or sexual pleasure, and excitement, nor is it with that intention; and in this rule, there is no distinction between a Muslim and a non-Muslim woman; and also between those parts, like their faces, their hands which they normally do not cover, and other parts of their bodies.
2444. Woman should conceal her body and hair from a man who is non-Mahram, and as an obligatory precaution, she should conceal herself even from a non-baligh boy who is able to discern between good and evil, and could probably be sexually excited. But she can leave her face and hands up to wrists uncovered in the presence of non-Mahram, as long as it does not lead him to casting a sinful, evil glance or her to doing something forbidden; for in both these cases, she must cover them.
2445. It is haraam to look at the private parts of a baligh Muslim, even if it is seen behind the glass or reflected in the mirror, or clean water etc. As an obligatory precaution, it is also haraam to look at the genitals of a non-Muslim, and of a discerning non-baligh child. However, wife and her husband can look at the entire body of each other.
2446. If a man and woman, who are Mahram of each other, do not have the intention of sexual pleasure, they can see the entire body of each other excepting the private parts.
2447. A man should not look at the body of another man with the intention of sexual excitement, and also, it is haraam for a woman to look at the body of another woman with the intention of sexual excitement.
2448. A man who is acquainted with a Na-Mahram woman should not, as a precaution, look at her photograph etc., provided that the woman is not a heedless, commonplace person.
2449. If a woman wants to give an enema to another woman, or to a man other than her husband, or to clean her/his private parts with water, she should cover her hand with such a thing that her hand would not touch the private parts of the other woman or man. And the same applies to a man who wants to give an enema to another man or a woman other than his wife, or to clean his/her private parts with water.
2450. If a woman is rendered helpless by her disease, and if the only helpful treatment to her can be given by a male doctor, she can refer to him. And if that male doctor must look at her to be able to treat her, or to touch her for that matter, there is no objection. However, if he can treat her by looking at her, he should not touch her body, and if he can treat her by touching her body, he should not look at her.
2451. If a person is obliged to look at the private parts of a patient for his/her medical treatment, he should, on the basis of obligatory precaution, place a mirror opposite him/her and look into it. However, if there is no alternative but to look directly at his/her private parts, there is no objection. Similarly, if the duration of regarding the genitals in the mirror would be longer than looking at them directly, the latter method may be adopted.
Miscellaneous Rules Concerning Marriage
2452. If a person gets entangled in haraam acts owing to his not having a wife, it is obligatory for him to marry.
2453. If the husband makes it a condition before Nikah, that the woman should be a virgin, and it transpires after Nikah that she is not virgin, he can repudiate the marriage. However, he can deduct and take the difference between the Mahr usually paid for a virgin woman and the one who is not a virgin.
2454. It is haraam for a man and a woman who are not Mahrams, to be together at a private place where there is no one else, if it is feared to lead to immorality and scandal, even if it is a place where another person can easily arrive. But if there is no fear of any evil, there is no objection.
2455. If the man fixes the Mahr of the woman at the time of Nikah, but intends not to give it, the marriage contract is in order, but he will be indebted to her.
2456. A Muslim who renounces Islam and adopts a non-Muslim faith, is an apostate, and they are of two types: Fitri and Milli. Fitri apostate is one whose parents or one of them were Muslims when he was born, and he himself was also a Muslim, till after having reached the discerning age, and thereafter he converted to become a non-Muslim. A Milli is exactly the opposite.
2457. If a woman becomes an apostate after marriage, her marriage becomes void, and if her husband has not had sexual intercourse with her, she is not required to observe any Iddah. And the position will be the same if she apostatizes after sexual relation, but she had reached menopause (Ya’isa), or if she was a minor. And if she had not reached menopause, she should observe Iddah as will be explained in the rules of ‘divorce’. And it is commonly held that if she becomes a Muslim during her Iddah, her marriage remains intact. However, it is improbable that this should be valid, and therefore, precaution should not be abandoned. A Ya’isa is a woman who has reached 50 years of age, and because of that advanced age, stops seeing Haidh and does not expect to see it again in her life.
2458. If a man becomes a Fitri apostate after Nikah, his wife becomes haraam for him and she should observe Iddah of death in the manner which will be explained in the rules relating to ‘divorce’.
2459. If a man becomes a Milli apostate after Nikah, his marriage becomes void. And if he has not had sexual intercourse with his wife, or if she has reached menopause, or if she is a minor, she need not observe Iddah. But if he apostatizes after having sexual intercourse with his wife, who happens to be of the age of women who normally have menstrual discharge, she should observe Iddah of ‘divorce’ which will be mentioned under the rules relating to ‘divorce’. And it is commonly held that if her husband becomes a Muslim before the completion of her Iddah, their marriage remains intact. However, it is improbable that this be correct, but, precaution should not be abandoned.
2460. If the woman imposes a condition at the time of Nikah that her husband will not take her out of the town, and the man also accepts this condition, he should not take her out of that town against her will.
2461. If a woman has a daughter from her former husband, her second husband can marry that girl to his son, who is not from this wife. Also, if a person marries his son to a girl, he himself can marry the mother of that girl.
2462. If a woman becomes pregnant as a result of fornication or adultery, it is not permissible for her to have an abortion.
2463. If a man commits fornication with a woman who has no husband, nor is she in any Iddah, and later marries her, and a child is born to them, and they do not know whether the child is the outcome of legitimate relation or otherwise, the child will be considered legitimate.
2464. If a man does not know that a woman is in her Iddah and marries her, and if the woman, too, does not know (that she is in her Iddah), and a child is born to them, the child is legitimate and according to Shari’ahh belongs to both of them. However, if the woman was aware that she was in her Iddah, and that during Iddah marriage is not permissible, the child according to Shari’ahh belongs to the father, and in either case their marriage is void, and they are haraam for each other.
2465. If a woman says that she has reached menopause, her word may not be accepted, but if she says that she does not have a husband, her word is acceptable, except when she is known to be unreliable, in which case, investigation will be necessary.
2466. If a man marries a woman after her assertion that she does not have a husband, and if some one claims later that she was his wife, his claim will not be heeded unless it is proved to be true according to Shari’ahh laws.
2467. Until a son or a daughter completes two years of his/her age, his/her father cannot separate him/her from his/her mother. And as a precaution, a child should not be separated from its mother till it is seven years of age.
2468. If a person proposing marriage is known for his virtues and faith, then it is recommended that his proposal should not be rejected. The Prophet (s.a.w.a.) is reported to have said: “Whenever you receive a proposal for marriage on your daughter from a man whose virtue and piety pleases you, then give her hand in his in marriage. For if you do not do this way, great scandals and lapses will fill the earth.”
2469. If a woman compromises her Mahr with her husband, on a condition that he will not marry another woman, it is obligatory upon him that he does not marry another woman, and that the wife should not claim her Mahr.
2470. If an illegitimate person marries, and a child is born to him, that child is legitimate.
2471. If a man has sexual intercourse with his wife during fast in the month of Ramadan or when she is in her menses, he commits a sin, but if a child is conceived, it is legitimate.
2472. If a woman who is sure that her husband died while on a journey, marries another man after completing the Iddah of death, (which will be explained in the rules relating to ‘divorce’) and later her first husband returns from journey, she should immediately separate herself from her second husband, and she will be halal for her first husband. But, if the second husband has had sexual intercourse with her, she should observe Iddah and the second husband should give her proper Mahr equal to that of the women similar to her category, but she is not entitled to subsistence during Iddah.
Rules Regarding Suckling a Child
2473. If a woman suckles a child with the conditions which will be mentioned in rule 2483, that child becomes Mahram of the following persons:
(i) The woman herself (i.e. the woman who suckles it) and she is called Riza’i mother (milk mother).
(ii) The husband of the woman (for the milk belongs to him); he is called Riza’i father (milk father).
(iii) Father and mother of that woman and all in their upward line, even if they are milk father and milk mother.
(iv) The children born of that woman, or those who are born to her later.
(v) The children of the children of that woman, however low, regardless of whether they are born of her children or her children had suckled them.
(vi) The sister and brother of that woman, even if they are her milk sister and milk brother.
(vii) Paternal uncle and paternal aunt of that woman, even if they are by milk, i.e. suckling.
(viii) Maternal uncle and maternal aunt of that woman, even if they are by milk i.e. suckling.
(ix) The descendants of the husband of that woman, (to whom milk belongs) even if they may be his milk children.
(x) Father and mother of that husband (to whom milk belongs), however high.
(xi) Sister and brother of the husband, (to whom milk belongs) even if they may be his milk sister and brother.
(xii) Paternal uncle and paternal aunt and maternal uncle and maternal aunt of the husband, (to whom milk belongs) however high, even if they are his milk uncles and aunts.
There are other persons also (details regarding whom will be given in the following rules) who become Mahram on account of sucking milk.
2474. If a woman suckles a child with the condition which will be mentioned in rule 2483, the father of the child cannot marry the daughters of that woman, but it is permissible for him to marry her milk daughters, although the recommended precaution is that he should not marry them. Moreover, he cannot marry the daughters of the husband also (to whom milk belongs), even if they may be his milk daughters. And if any one of them happens to be his wife already, his marriage becomes void.
2475. If a woman suckles a child with the conditions mentioned in rule 2483, the husband of that woman (to whom milk belongs) does not become Mahram of the sisters of that child, but the recommended precaution is that he should not marry them. Also, the relatives of the husband do not become Mahram of the sister and brother of that child.
Moreover, the relatives of that woman do not become Mahram of the brother and sister of the child suckled by her.
2477. If a person marries a woman who has suckled a girl fully, and if he has had sexual intercourse with her, he cannot marry that milk girl.
2478. If a person marries a girl, he cannot marry the woman who has suckled her fully.
2479. A man cannot marry a girl who has been suckled fully by his mother or paternal grandmother. Also, if his step-mother suckles a girl from the milk belonging to his father, he cannot marry that girl. And if a person contracts Nikah with a suckling girl, and thereafter, his mother or his paternal grandmother or his step-mother suckles that girl, the Nikah becomes void.
2480. A man cannot marry a girl who has been suckled fully by his sister, or by his brother’s wife. And the position is the same if that girl is suckled by that man’s niece (sister’s daughter or brother’s daughter) or the granddaughter of his sister or the granddaughter of his brother.
2481. If a woman suckles the child of her daughter i.e. her granddaughter, or grandson, the daughter will become haraam for her own husband, and the same applies if she suckles the child of the husband of her daughter from another wife. But if a woman suckles the child of her son, the wife of her son who is the mother of the suckling child, does not become haraam for her husband.
2482. If the step mother of a girl suckles the child of her husband, with the milk that belongs to the girl’s father, the girl becomes haraam for her husband regardless of whether the child is the offspring of that very girl or of some other woman.
Conditions of Suckling Which Causes to be Mahram
2483. The following are the eight conditions under which suckling child becomes the cause of being Mahram.
(i) That the child sucks the milk of a woman who is alive. It is of no consequence if milk is drawn from the breast of a woman who is dead.
(ii) That the milk of the woman should not be the product of fornication or adultery. Hence, if the milk for an illegitimate child is breastfed to another child, the latter will not become Mahram of anyone.
(iii) That the child sucks milk directly from the breasts of the woman. Hence, if milk is poured into its mouth, it has no consequence.
(iv) That the milk be pure and unadulterated.
(v) That the milk be of one husband only. Hence, if a breast-feeding woman is divorced and then she marries another man by whom she becomes pregnant, if the milk of the first pregnancy still continues from the breast till she gives birth to the other child, and she feeds any child eight times with the milk from her first pregnancy before giving birth, and feeds the same child seven times with the milk from the second pregnancy, after giving birth, that child will not become Mahram of anyone.
(vi) That the child does not throw up the milk due to illness. If it vomits the milk, the suckling has no effect.
(vii) The suckling should be of such quantity that it could be said that the bones of the child were strengthened and the flesh allowed to grow. And if that cannot be ascertained, then if a child suckles for one full day and night, or if it suckles fifteen times to its fill, as will be explained later, it will be sufficient. But if it is known that in spite of the child having suckled for one full day and night, or for fifteen times, the milk has not had any effect on the bones and the growth of flesh of the child, then one should not ignore exercising the precaution.
(viii) That the child should not have completed two years of his age, and, if it is suckled after it has completed two years of its age, it does not become Mahram of anyone. In fact, if, for example, it sucks milk eight times before completing its two years, and seven times after completing its two years, it does not become Mahram of anyone. But, if milk continues from the breast for more than two years since a woman gave birth to her child, and she suckles the child continuously, that child will become Mahram of those who have been mentioned above.
2484. It is necessary that the suckling child should not have taken any other food, or sucked milk from any other person, during one full day and night. However, it takes very little food, so little that one may not say that it has taken any food in between, there is no harm in it. Also, it should have suckled the milk of only one woman fifteen times, and during these fifteen times, it should not have sucked the milk of any other woman. And it should have sucked milk every time without a gap, though, if while suckling milk it pauses to breathe, or waits a little, in a manner that from the time it started till the end, it is taken as one suckling, there is no objection.
2485. If a woman suckles a child from the milk of her husband, and when she later marries another man, suckles another child from the milk of her second husband, those two children do not become Mahram of each other, although it is better that they do not marry each other.
2486. If a woman suckles several children from the milk of one husband, all of them become Mahram of one another, as well as of the husband, and of the woman who suckled them.
2487. If a man has more than one wife, and every one of them suckles a child in accordance with the conditions mentioned above, all those children become Mahram of one another, as well as of that man, and of all those wives.
2488. If a man has two nursing wives, and if, for example, one of them suckles the child eight times and the other suckles it seven times, the child does not become Mahram of any one of them.
2489. If a woman gives full milk to a boy and a girl from the milk of one husband, the sisters and brothers of that girl will not become Mahram of the sisters and brothers of that boy.
2490. A man cannot marry without the permission of his wife, those women who became her nieces (sister’s daughter or brother’s daughter) owing to the suckling of milk. Also, if a person commits sodomy with a boy, he cannot marry his milk daughter, sister, mother and paternal grandmother by means of sucking milk. This rule applies also in the situation where an active partner in sodomy is not baligh, or when the passive partner is baligh.
2491. A woman who suckles the brother of a person does not become Mahram of that person, although the recommended precaution is that he should not marry her.
2492. A man cannot marry two sisters even if they may be milk sisters, that is, they have become sisters by means of suckling milk. If he marries two women and understands later that they are sisters, if he married them at one and the same time, both the Nikah will be void. But if he did not marry them at one time, the first marriage will be valid, and the second will be void.
2493. If a woman suckles the following persons from her husband’s milk, her husband does not become haraam for her, although it is better to observe precaution.
(i) Her own brother and sister.
(ii) Her own paternal uncle and paternal aunt, and maternal uncle and maternal aunt.
(iii) The descendants of her paternal uncle and her maternal uncle.
(iv) Her nephew (brother’s son).
(v) Brother or sister of her husband.
(vi) Children of her sister, or children of her husband’s sister.
(vii) Paternal uncle and paternal aunt and maternal uncle and maternal aunt of her husband.
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(viii) Grand children of another wife of her husband.
2494. If a woman suckles the paternal aunt’s daughter, or maternal aunt’s daughter of a man, she (the woman who suckles) does not become Mahram of that man. However, the recommended precaution is that he should refrain from marrying that woman.
2495. If a man has two wives, and one of them suckles the paternal uncle’s son of the other wife, the wife who suckled does not become haraam for her husband.
How To Breast Feed A Child
2496. The child’s mother is the best person to suckle a child. It is better that she does not claim any award from her husband for suckling the child, although it is good that he should reward her for that. However, if the mother demands more payment for suckling than a wet-nurse, her husband can entrust the child to the wet-nurse.
2497. It is recommended that the wet-nurse, whose services are obtained for a child, should be Shia Ithna-Asheri, sane, chaste, and good looking; and it is Makrooh for a wet-nurse to be a non-Shia Ithna-Asheri or ugly, ill-humoured or illegitimate. It is also Makrooh to entrust the child to a wet-nurse who has given birth to an illegitimate child.
Miscellaneous Rules Regarding Nursing a Child
2498. It is recommended that a woman avoids suckling any and every child, because it is possible that she may forget as to which of them she has suckled, and later the two persons, who are Mahram to each other, may contract marriage.
2499. It is recommended, if possible, that a child is suckled for full 21 months. And it is not preferred that it be suckled for more than two years.
2500. If the right of the husband is not in any way violated by suckling, a wife may suckle the child of another person without the permission of her husband.
2501. If a man contracts Nikah with a suckling girl, and the wife of that man suckles her, then it is considered that the wife becomes the mother-in-law of her husband, and therefore, becomes haraam for him. Although this consideration is not free from Ishkal, yet precaution should not be ignored.
2502. If a person wants that his sister-in-law (his brother’s wife) may become his Mahram, he may contract a temporary Nikah with a suckling girl, for example, for two days, and during those two days, the wife of his brother may suckle that girl as mentioned in rule no. 2483. By so doing, she will become his mother-in-law, and thus be Mahram. But if the woman suckles the girl from his brother’s milk, it is a matter of Ishkal.
2503. If a man says before marrying a woman, that the woman he is marrying is his milk sister, she is haraam for him, if his statement is verified as true. And if he says this after the marriage, and the woman also confirms his word, the marriage is void. Hence, if the man has not had sexual intercourse with her, or has had sexual intercourse but at the time of sexual intercourse the woman knew that she was haraam for him, she is not entitled to any Mahr. And if she learns after sexual intercourse that she was haraam for the man, the husband should pay her Mahr according to the usual Mahr of other women like her.
2504. If a woman says, before marriage, that she is haraam for a man because she is his milk sister, and if it is possible to verify her statement as true, she cannot marry that man. And if she says this after marriage, it is like the man saying after marriage that the woman is haraam for him, and the rule in this situation has been given in the foregoing clause.
2505. Suckling a child, which becomes the cause of being Mahram, can be established by the following two ways:
(i) Information in this behalf by a number of persons whose word is reliable.
(ii) Two just men testify to this fact. It is, however, necessary that they should also mention the conditions of suckling the child. For example, they should be able to say, “We have seen the child for twenty four hours, sucking milk from the breasts of a woman, and during this time he has not eaten anything else.” And similarly, they should also narrate in detail, the conditions which have been mentioned in rule no.
2483. Witness by one man or two or four women, even if they are Adil, is a matter of Ishkal for establishing that the child has suckled from a particular woman.
2506. If it is doubted whether or not a child has sucked the quantity of milk which becomes the cause of becoming Mahram, or if it is considered probable that it might have sucked that quantity of milk, the child does not become Mahram of anyone, though it is better to observe precaution.
Verses where the Koran attaches Allah’s will to Muhammad’s will
The Cow
[2.278] PICKTHAL: O ye who believe! Observe your duty to Allah, and give up what remaineth (due to you) from usury, if ye are (in truth) believers.
[2.279] And if ye do not, then be warned of war (against you) from Allah and His messenger. And if ye repent, then ye have your principal (without interest). Wrong not, and ye shall not be wronged
[2.285] PICKTHAL: The messenger believeth in that which hath been revealed unto him from his Lord and (so do) believers. Each one believeth in Allah and His angels and His scriptures and His messengers – We make no distinction between any of His messengers – and they say: We hear, and we obey. (Grant us) Thy forgiveness, our Lord. Unto Thee is the journeying.
The Family of Imran
[3.179] PICKTHAL: It is not (the purpose) of Allah to leave you in your present state till He shall separate the wicked from the good. And it is not (the purpose of) Allah to let you know the Unseen. But Allah chooseth of His messengers whom He will, (to receive knowledge thereof). So believe in Allah and His messengers. If ye believe and ward off (evil), yours will be a vast reward.
The Women
[4.13] PICKTHAL: These are the limits (imposed by) Allah. Whoso obeyeth Allah and His messenger, He will make him enter Gardens underneath which rivers flow, where such will dwell for ever. That will be the great success.
[4.14] And whoso disobeyeth Allah and His messenger and transgresseth His limits, He will make him enter Fire, where he will dwell for ever; his will be a shameful doom.
[4.100] YUSUF ALI: He who forsakes his home in the cause of Allah, finds in the earth Many a refuge, wide and spacious: Should he die as a refugee from home for Allah and His Messenger, His reward becomes due and sure with Allah: And Allah is Oft-forgiving, Most Merciful.
[4.136] PICKTHAL: O ye who believe! Believe in Allah and His messenger and the Scripture which He hath revealed unto His messenger, and the Scripture which He revealed aforetime. Whoso disbelieveth in Allah and His angels and His scriptures and His messengers and the Last Day, he verily hath wandered far astray.
[4.150] PICKTHAL: Lo! Those who disbelieve in Allah and His messengers, and seek to make distinction between Allah and His messengers, and say: We believe in some and disbelieve in others, and seek to choose a way in between.
[4.151] Such are disbelievers in truth; and for disbelievers We prepare a shameful doom.
[4.152] But those who believe in Allah and His messengers and make no distinction between any of them, unto them Allah will give their wages; and Allah was ever Forgiving, Merciful.
The Dinner Table
[5.33] PICKTHAL: The only reward of those who make war upon Allah and His messenger and strive after corruption in the land will be that they will be killed or crucified, or have their hands and feet on alternate sides cut off, or will be expelled out of the land. Such will be their degradation in the world, and in the Hereafter theirs will be an awful doom;
[5.55] PICKTHAL: Your guardian can be only Allah; and His messenger and those who believe, who establish worship and pay the poordue, and bow down (in prayer).
[5.56 And whoso taketh Allah and His messenger and those who believe for guardian (will know that), lo! The party of Allah, they are the victorious.
The Elevated Places
[7.158] PICKTHAL: Say (O Muhammad): O mankind! Lo! I am the messenger of Allah to you all – (the messenger of) Him unto Whom belongeth the Sovereignty of the heavens and the earth. There is no Allah save Him. He quickeneth and He giveth death. So believe in Allah and His messenger, the Prophet who can neither read nor write, who believeth in Allah and in His Words, and follow him that haply ye may be led aright.
The Accessions
[8.1] PICKTHAL: They ask thee (O Muhammad) of the spoils of war. Say: The spoils of war belong to Allah and the messenger, so keep your duty to Allah, and adjust the matter of your difference, and obey Allah and His messenger, if ye are (true) believers.
[8.13] PICKTHAL: That is because they opposed Allah and His messenger. Whoso opposeth Allah and His messenger, (for him) lo! Allah is severe in punishment.
[8.20] PICKTHAL: O ye who believe! Obey Allah and His messenger, and turn not away from him when ye hear (him speak).
[8.24] PICKTHAL: O ye who believe! Obey Allah, and the messenger when He calleth you to that which quickeneth you, and know that Allah cometh in between the man and his own heart, and that He it is unto Whom ye will be gathered.
[8.46] PICKTHAL: And obey Allah and His messenger, and dispute not one with another lest ye falter and your strength departs from you; but be steadfast! Lo! Allah is with the steadfast.
The Immunity
[9.1] YUSUF ALI: A (declaration) of immunity from Allah and His Messenger, to those of the Pagans with whom ye have contracted mutual alliances:-
[9.2] Go ye, then, for four months, backwards and forwards, (as ye will), throughout the land, but know ye that ye cannot frustrate Allah (by your falsehood) but that Allah will cover with shame those who reject Him.
[9.3] And an announcement from Allah and His Messenger, to the people (assembled) on the day of the Great Pilgrimage, – that Allah and His Messenger dissolve (treaty) obligations with the Pagans. If then, ye repent, it were best for you; but if ye turn away, know ye that ye cannot frustrate Allah. And proclaim a grievous penalty to those who reject Faith.
[9.16] YUSUF ALI: Or think ye that ye shall be abandoned, as though Allah did not know those among you who strive with might and main, and take none for friends and protectors except Allah, His Messenger, and the (community of) Believers? But Allah is well-acquainted with (all) that ye do.
[9.24] YUSUF ALI: Say: If it be that your fathers, your sons, your brothers, your mates, or your kindred; the wealth that ye have gained; the commerce in which ye fear a decline: or the dwellings in which ye delight – are dearer to you than Allah, or His Messenger, or the striving in His cause; – then wait until Allah brings about His decision: and Allah guides not the rebellious.
[9.29] PICKTHAL: Fight against such of those who have been given the Scripture as believe not in Allah nor the Last Day, and forbid not that which Allah hath forbidden by His messenger, and follow not the Religion of Truth, until they pay the tribute (tax, Jizya) readily, being brought low.
[9.59] YUSUF ALI: If only they had been content with what Allah and His Messenger gave them, and had said, “Sufficient unto us is Allah! Allah and His Messenger will soon give us of His bounty: to Allah do we turn our hopes!” (that would have been the right course).
[9.61] PICKTHAL: And of them are those who vex the Prophet and say: He is only a hearer. Say: A hearer of good for you, who believeth in Allah and is true to the believers, and a mercy for such of you as believe. Those who vex the messenger of Allah, for them there is a painful doom.
[9.62] They swear by Allah to you (Muslims) to please you, but Allah, with His messenger, hath more right that they should please Him if they are believers.
[9.63] Know they not that whoso opposeth Allah and His messenger, his verily is fire of hell, to abide therein? That is the extreme abasement.
[9.64] The hypocrites fear lest a surah should be revealed concerning them, proclaiming what is in their hearts. Say: Scoff (your fill)! Lo! Allah is disclosing what ye fear.
[9.65] And if thou ask them (O Muhammad) they will say: We did but talk and jest. Say: Was it at Allah and His revelations and His messenger that ye did scoff?
[9.71] PICKTHAL: And the believers, men and women, are protecting friends one of another; they enjoin the right and forbid the wrong, and they establish worship and they pay the poor-due, and they obey Allah and His messenger. As for these, Allah will have mercy on them. Lo! Allah is Mighty, Wise.
[9.74] YUSUF ALI: They swear by Allah that they said nothing (evil), but indeed they uttered blasphemy, and they did it after accepting Islam; and they meditated a plot which they were unable to carry out: this revenge of theirs was (their) only return for the bounty with which Allah and His Messenger had enriched them! If they repent, it will be best for them; but if they turn back (to their evil ways), Allah will punish them with a grievous penalty in this life and in the Hereafter: They shall have none on earth to protect or help them.
[9.80] PICKTHAL: Ask forgiveness for them (O Muhammad), or ask not forgiveness for them; though thou ask forgiveness for them seventy times Allah will not forgive them. That is because they disbelieved in Allah and His messenger, and Allah guideth not wrongdoing folk.
[9.84] PICKTHAL: And never (O Muhammad) pray for one of them who dieth, nor stand by his grave. Lo! They disbelieved in Allah and His messenger, and they died while they were evil-doers.
[9.88] YUSUF ALI: But the Messenger, and those who believe with him, strive and fight with their wealth and their persons: for them are (all) good things: and it is they who will prosper.
[9.89] Allah hath prepared for them gardens under which rivers flow, to dwell therein: that is the supreme felicity.
[9.90] And there were, among the desert Arabs (also), men who made excuses and came to claim exemption; and those who were false to Allah and His Messenger (merely) sat inactive. Soon will a grievous penalty seize the Unbelievers among them.
[9.91] There is no blame on those who are infirm, or ill, or who find no resources to spend (on the cause), if they are sincere (in duty) to Allah and His Messenger: no ground (of complaint) can there be against such as do right: and Allah is Oft-forgiving, Most Merciful.
[9.94] YUSUF ALI: They will present their excuses to you when ye return to them. Say thou: “Present no excuses: we shall not believe you: Allah hath already informed us of the true state of matters concerning you: It is your actions that Allah and His Messenger will observe: in the end will ye be brought back to Him Who knoweth what is hidden and what is open: then will He show you the truth of all that ye did.”
[9.107] PICKTHAL: And as for those who chose a place of worship out of opposition and disbelief, and in order to cause dissent among the believers, and as an outpost for those who warred against Allah and His messenger aforetime, they will surely swear: We purposed naught save good. Allah beareth witness that they verily are liars
.
The Light
[24.48] YUSUF ALI: When they are summoned to Allah and His messenger, in order that He may judge between them, behold some of them decline (to come).
[24.49] But if the right is on their side, they come to him with all submission.
[24.50] Is it that there is a disease in their hearts? Or do they doubt, or are they in fear, that Allah and His Messenger will deal unjustly with them? Nay, it is they themselves who do wrong.
[24.51] The answer of the Believers, when summoned to Allah and His Messenger, in order that He may judge between them, is no other than this: they say, “We hear and we obey”: it is such as these that will attain felicity.
[24.52] It is such as obey Allah and His Messenger, and fear Allah and do right, that will win (in the end),
[24.62] PICKTHAL: They only are the true believers who believe in Allah and His messenger and, when they are with him on some common errand, go not away until they have asked leave of him. Lo! Those who ask leave of thee, those are they who believe in Allahand His messenger. So, if they ask thy leave for some affair of theirs, give leave to whom thou wilt of them, and ask for them forgiveness of Allah. Lo! Allah is Forgiving, Merciful.
The Clans
[33.12] PICKTHAL: And when the hypocrites, and those in whose hearts is a disease, were saying: Allah and His messenger promised us naught but delusion.
[33.22] YUSUF ALI: When the Believers saw the Confederate forces, they said: “This is what Allah and his Messenger had promised us, and Allah and His Messenger told us what was true.” And it only added to their faith and their zeal in obedience.
[33.29] PICKTHAL: But if ye desire Allah and His messenger and the abode of the Hereafter, then lo! Allah hath prepared for the good among you an immense reward.
[33.30] O ye wives of the Prophet! Whosoever of you committeth manifest lewdness, the punishment for her will be doubled, and that is easy for Allah.
[33.31] And whosoever of you is submissive unto Allah and His messenger and doeth right, We shall give her her reward twice over, and We have prepared for her a rich provision.
[33.32] O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech.
[33.33] And stay in your houses. Bedizen not yourselves with the bedizenment of the Time of Ignorance. Be regular in prayer, and pay the poor-due, and obey Allah and His messenger. Allah’s wish is but to remove uncleanness far from you, O Folk of the Household, and cleanse you with a thorough cleansing.
[33.36] PICKTHAL: And it becometh not a believing man or a believing woman, when Allah and His messenger have decided an affair (for them), that they should (after that) claim any say in their affair; and whoso is rebellious to Allah and His messenger, he verily goeth astray in error manifest.
[33.57] YUSUF ALI: Those who annoy Allah and His Messenger – Allah has cursed them in this World and in the Hereafter, and has prepared for them a humiliating Punishment.
[33.71] PICKTHAL: He will adjust your works for you and will forgive you your sins. Whosoever obeyeth Allah and His messenger, he verily hath gained a signal victory.
The Victory
[48.9] PICKTHAL: That ye (mankind) may believe in Allah and His messenger, and may honour Him, and may revere Him, and may glorify Him at early dawn and at the close of day.
[48.13] PICKTHAL: And so for him who believeth not in Allah and His messenger – Lo! We have prepared a flame for disbelievers.
[48.17] PICKTHAL: There is no blame for the blind, nor is there blame for the lame, nor is there blame for the sick (that they go not forth to war). And whoso obeyeth Allah and His messenger, He will make him enter Gardens underneath which rivers flow; and whoso turneth back, him will He punish with a painful doom.
The Chambers
[49.1] YUSUF ALI: O Ye who believe! Put not yourselves forward before Allah and His Messenger; but fear Allah: for Allah is He Who hears and knows all things.
[49.2] O ye who believe! Raise not your voices above the voice of the Prophet, nor speak aloud to him in talk, as ye may speak aloud to one another, lest your deeds become vain and ye perceive not.
[49.3] Those that lower their voices in the presence of Allah’s Messenger, – their hearts has Allah tested for piety: for them is Forgiveness and a great Reward.
[49.4] Those who shout out to thee from without the inner apartments – most of them lack understanding.
[49.5] If only they had patience until thou couldst come out to them, it would be best for them: but Allah is Oft-Forgiving, Most Merciful.
[49.14] PICKTHAL: The wandering Arabs say: We believe. Say (unto them, O Muhammad): Ye believe not, but rather say “We submit,” for the faith hath not yet entered into your hearts. Yet, if ye obey Allah and His messenger, He will not withhold from you aught of (the reward of) your deeds. Lo! Allah is Forgiving, Merciful.
[49.15] The (true) believers are those only who believe in Allah and His messenger and afterward doubt not, but strive with their wealth and their lives for the cause of Allah. Such are the sincere.
The Iron
[57.7] PICKTHAL: Believe in Allah and His messenger, and spend of that whereof He hath made you trustees; and such of you as believe and spend (aright), theirs will be a great reward.
[57.19] PICKTHAL: And those who believe in Allah and His messengers, they are the loyal, and the martyrs are with their Lord; they have their reward and their light; while as for those who disbelieve and deny Our revelations, they are owners of hell-fire.
[57.21] PICKTHAL: Race one with another for forgiveness from your Lord and a Garden whereof the breadth is as the breadth of the heavens and the earth, which is in store for those who believe in Allah and His messengers. Such is the bounty of Allah, which He bestoweth upon whom He will, and Allah is of Infinite Bounty.
[57.25] PICKTHAL: We verily sent Our messengers with clear proofs, and revealed with them the Scripture and the Balance, that mankind may observe right measure; and He revealed iron, wherein is mighty power and (many) uses for mankind, and that Allah may know him who helpeth Him and His messengers, though unseen. Lo! Allah is Strong, Almighty.
She Who Pleaded
[58.3] PICKTHAL: Those who put away their wives (by saying they are as their mothers) and afterward would go back on that which they have said, (the penalty) in that case (is) the freeing of a slave before they touch one another. Unto this ye are exhorted; and Allah is Informed of what ye do.
[58.4] And he who findeth not (the wherewithal), let him fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones. This, that ye may put trust in Allah and His messenger. Such are the limits (imposed by Allah); and for disbelievers is a painful doom.
[58.5 Lo! Those who oppose Allah and His messenger will be abased even as those before them were abased; and We have sent down clear tokens, and for disbelievers is a shameful doom.
[58.13] YUSUF ALI: Is it that ye are afraid of spending sums in charity before your private consultation (with him)? If, then, ye do not so, and Allah forgives you, then (at least) establish regular prayer; practice regular charity; and obey Allah and His Messenger. And Allah is well-acquainted with all that ye do.
[58.20] YUSUF ALI: Those who resist Allah and His Messenger will be among those most humiliated.
[58.21] Allah has decreed: “It is I and My messengers who must prevail”: For Allah is One full of strength, able to enforce His Will.
[58.22] Thou wilt not find any people who believe in Allah and the Last Day, loving those who resist Allah and His Messenger, even though they were their fathers or their sons, or their brothers, or their kindred. For such He has written Faith in their hearts, and strengthened them with a spirit from Himself. And He will admit them to Gardens beneath which Rivers flow, to dwell therein (for ever). Allah will be well pleased with them, and they with Him. They are the Party of Allah. Truly it is the Party of Allah that will achieve Felicity.
The Banishment
[59.4] YUSUF ALI: That is because they resisted Allah and His Messenger: and if any one resists Allah, verily Allah is severe in Punishment.
[59.8] PICKTHAL: And (it is) for the poor fugitives who have been driven out from their homes and their belongings, who seek bounty from Allah and help Allah and His messenger. They are the loyal.
The Mutual Deceit
[64.8] PICKTHAL: So believe in Allah and His messenger and the light which We have revealed. And Allah is Informed of what ye do.
The Divorce
[65.8] YUSUF ALI: How many populations that insolently opposed the Command of their Lord and of His messengers, did We not then call to account, – to severe account?- and We imposed on them an exemplary Punishment.
The Jinn
[72.23] PICKTHAL: (Mine is) but conveyance (of the Truth) from Allah, and His messages; and whoso disobeyeth Allah and His messenger, lo! His is fire of hell, wherein such dwell for ever.
Universal Islamic Declaration of Human Rights
21 Dhul Qaidah 1401 19 September 1981
This is a declaration for mankind, a guidance and instruction to those who fear God.
(Al Qur’an, Al-Imran 3:138)
Foreword
Islam gave to mankind an ideal code of human rights fourteen centuries ago. These rights aim at conferring honour and dignity on mankind and eliminating exploitation, oppression and injustice.
Human rights in Islam are firmly rooted in the belief that God, and God alone, is the Law Giver and the Source of all human rights. Due to their Divine origin, no ruler, government, assembly or authority can curtail or violate in any way the human rights conferred by God, nor can they be surrendered.
Human rights in Islam are an integral part of the overall Islamic order and it is obligatory on all Muslim governments and organs of society to implement them in letter and in spirit within the framework of that order.
It is unfortunate that human rights are being trampled upon with impunity in many countries of the world, including some Muslim countries. Such violations are a matter of serious concern and are arousing the conscience of more and more people throughout the world.
I sincerely hope that this Declaration of Human Rights will give a powerful impetus to the Muslim peoples to stand firm and defend resolutely and courageously the rights conferred on them by God.
This Declaration of Human Rights is the second fundamental document proclaimed by the Islamic Council to mark the beginning of the 15th Century of the Islamic era, the first being the Universal Islamic Declaration announced at the International Conference on The Prophet Muhammad (peace and blessings be upon him) and his Message, held in London from 12 to 15 April 1980.
The Universal Islamic Declaration of Human Rights is based on the Qur’an and the Sunnah and has been compiled by eminent Muslim scholars, jurists & representatives of Islamic movements and thought. May God reward them all for their efforts and guide us along the right path.
Paris 21 Dhul Qaidah 1401 Salem Azzam
19th September 1981 Secretary General
O men! Behold, We have created you all out of a male and a female, and have made you into nations and tribes, so that you might come to know one another. Verily, the noblest of you in the sight of God is the one who is most deeply conscious of Him. Behold, God is all-knowing, all aware. (Al Qur’an, Al-Hujurat 49:13)
Preamble
WHEREAS the age-old human aspiration for a just world order wherein people could live, develop and prosper in an environment free from fear, oppression, exploitation and deprivation, remains largely unfulfilled;
WHEREAS the Divine Mercy unto mankind reflected in its having been endowed with super-abundant economic sustenance is being wasted, or unfairly or unjustly withheld from the inhabitants of the earth;
WHEREAS Allah (God) has given mankind through His revelations in the Holy Qur’an and the Sunnah of His Blessed Prophet Muhammad an abiding legal and moral framework within which to establish and regulate human institutions and relationships;
WHEREAS the human rights decreed by the Divine Law aim at conferring dignity and honour on mankind and are designed to eliminate oppression and injustice;
WHEREAS by virtue of their Divine source and sanction these rights can neither be curtailed, abrogated or disregarded by authorities, assemblies or other institutions, nor can they be surrendered or alienated;
Therefore we, as Muslims, who believe
a) in God, the Beneficent and Merciful, the Creator, the Sustainer, the Sovereign, the sole Guide of mankind and the Source of all Law;
b) in the Viceregency (Khilafah) of man who has been created to fulfill the Will of God on earth;
c) in the wisdom of Divine guidance brought by the Prophets, whose mission found its culmination in the final Divine message that was conveyed by the Prophet Muhammad (Peace be upon him) to all mankind;
d) that rationality by itself without the light of revelation from God can neither be a sure guide in the affairs of mankind nor provide spiritual nourishment to the human soul, and, knowing that the teachings of Islam represent the quintessence of Divine guidance in its final and perfect form, feel duty-bound to remind man of the high status and dignity bestowed on him by God;
e) in inviting all mankind to the message of Islam;
f) that by the terms of our primeval covenant with God our duties and obligations have priority over our rights, and that each one of us is under a bounden duty to spread the teachings of Islam by word, deed, and indeed in all gentle ways, and to make them effective not only in our individual lives but also in the society around us;
g) in our obligation to establish an Islamic order:
i) wherein all human beings shall be equal and none shall enjoy a privilege or suffer a disadvantage or discrimination by reason of race, colour, sex, origin or language;
ii) wherein all human beings are born free;
iii) wherein slavery and forced labour are abhorred;
iv) wherein conditions shall be established such that the institution of family shall be preserved, protected and honoured as the basis of all social life;
v) wherein the rulers and the ruled alike are subject to, and equal before, the Law;
vi) wherein obedience shall be rendered only to those commands that are in consonance with the Law;
vii) wherein all worldly power shall be considered as a sacred trust, to be exercised within the limits prescribed by the Law and in a manner approved by it, and with due regard for the priorities fixed by it;
viii) wherein all economic resources shall be treated as Divine blessings bestowed upon mankind, to be enjoyed by all in accordance with the rules and the values set out in the Qur’an and the Sunnah;
ix) wherein all public affairs shall be determined and conducted, and the authority to administer them shall be exercised after mutual consultation (Shura) between the believers qualified to contribute to a decision which would accord well with the Law and the public good;
x) wherein everyone shall undertake obligations proportionate to his capacity and shall be held responsible pro rata for his deeds;
remedial measures in accordance with the Law;
xii) wherein no one shall be deprived of the rights assured to him by the Law except by its authority and to the extent permitted by it;
xiii) wherein every individual shall have the right to bring legal action against anyone who commits a crime against society as a whole or against any of its members;
xiv) wherein every effort shall be made to:
(a) secure unto mankind deliverance from every type of exploitation, injustice and oppression,
(b) ensure to everyone security, dignity and liberty in terms set out and by methods approved and within the limits set by the Law;
Do hereby, as servants of Allah and as members of the Universal Brotherhood of Islam, at the beginning of the Fifteenth Century of the Islamic Era, affirm our commitment to uphold the following inviolable and inalienable human rights that we consider are enjoined by Islam.
Explanatory Notes
In the [following] formulation of Human Rights, unless the context provides otherwise:
a) the term ‘person’ refers to both the male and female sexes.
b) the term ‘Law’ denotes the Shari’ah, i.e. the totality of ordinances derived from the Qur’an and the Sunnah and any other laws that are deduced from these two sources by methods considered valid in Islamic jurisprudence.
Each one of the Human Rights enunciated in this declaration carries a corresponding duty.
In the exercise and enjoyment of the rights referred to above every person shall be subject only to such limitations as are enjoined by the Law for the purpose of securing the due recognition of, and respect for, the rights and the freedom of others and of meeting the just requirements of morality, public order and the general welfare of the Community (Ummah).
The Arabic text of this Declaration is the original.
I Right to Life
a) Human life is sacred and inviolable and every effort shall be made to protect it. In particular no one shall be exposed to injury or death, except under the authority of the Law.
b) Just as in life, so also after death, the sanctity of a person’s body shall be inviolable. It is the obligation of believers to see that a deceased person’s body is handled with due solemnity.
II Right to Freedom
a) Man is born free. No inroads shall be made on his right to liberty except under the authority and in due process of the Law.
b) Every individual and every people has the inalienable right to freedom in all its forms physical, cultural, economic and political — and shall be entitled to struggle by all available means against any infringement or abrogation of this right; and every oppressed individual or people has a legitimate claim to the support of other individuals and/or peoples in such a struggle.
III Right to Equality and Prohibition Against Impermissible Discrimination
a) All persons are equal before the Law and are entitled to equal opportunities and protection of the Law.
b) All persons shall be entitled to equal wage for equal work.
c) No person shall be denied the opportunity to work or be discriminated against in any manner or exposed to greater physical risk by reason of religious belief, colour, race, origin, sex or language.
IV Right to Justic
a) Every person has the right to be treated in accordance with the Law, and only in accordance with the Law.
b) Every person has not only the right but also the obligation to protest against injustice; to recourse to remedies provided by the Law in respect of any unwarranted personal injury or loss; to self-defense against any charges that are preferred against him and to obtain fair adjudication before an independent judicial tribunal in any dispute with public authorities or any other person.
c) It is the right and duty of every person to defend the rights of any other person and the community in general (Hisbah).
d) No person shall be discriminated against while seeking to defend private and public rights.
e) It is the right and duty of every Muslim to refuse to obey any command which is contrary to the Law, no matter by whom it may be issued.
V Right to Fair Trial
a) No person shall be adjudged guilty of an offence and made liable to punishment except after proof of his guilt before an independent judicial tribunal.
b) No person shall be adjudged guilty except after a fair trial and after reasonable opportunity for defense has been provided to him.
c) Punishment shall be awarded in accordance with the Law, in proportion to the seriousness of the offence and with due consideration of the circumstances under which it was committed.
d) No act shall be considered a crime unless it is stipulated as such in the clear wording of the Law.
e) Every individual is responsible for his actions. Responsibility for a crime cannot be vicariously extended to other members of his family or group, who are not otherwise directly or indirectly involved in the commission of the crime in question.
VI Right to Protection Against Abuse of Power
Every person has the right to protection against harassment by official agencies. He is not liable to account for himself except for making a defense to the charges made against him or where he is found in a situation wherein a question regarding suspicion of his involvement in a crime could be reasonably raised.
VII Right to Protection Against Torture
No person shall be subjected to torture in mind or body, or degraded, or threatened with injury either to himself or to anyone related to or held dear by him, or forcibly made to confess to the commission of a crime, or forced to consent to an act which is injurious to his interests.
VIII Right to Protection of Honour and Reputation
Every person has the right to protect his honour and reputation against calumnies, groundless charges or deliberate attempts at defamation and blackmail.
IX Right to Asylum
a) Every persecuted or oppressed person has the right to seek refuge and asylum. This right is guaranteed to every human being irrespective of race, religion, colour and sex.
b) Al Masjid Al Haram (the sacred house of Allah) in Mecca is a sanctuary for all Muslims.
X Rights of Minorities
a) The Qur’anic principle “There is no compulsion in religion” shall govern the religious rights of non-Muslim minorities.
b) In a Muslim country religious minorities shall have the choice to be governed in respect of their civil and personal matters by Islamic Law, or by their own laws.
XI Right and Obligation to Participate in the Conduct and Management of Public Affairs
a) Subject to the Law, every individual in the community (Ummah) is entitled to assume public office.
b) Process of free consultation (Shura) is the basis of the administrative relationship between the government and the people. People also have the right to choose and remove their rulers in accordance with this principle.
XII Right to Freedom of Belief, Thought and Speech
a) Every person has the right to express his thoughts and beliefs so long as he remains within the limits prescribed by the Law. No one, however, is entitled to disseminate falsehood or to circulate reports which may outrage public decency, or to indulge in slander, innuendo or to cast defamatory aspersions on other persons.
b) Pursuit of knowledge and search after truth is not only a right but a duty of every Muslim.
c) It is the right and duty of every Muslim to protest and strive (within the limits set out by the Law) against oppression even if it involves challenging the highest authority in the state.
d) There shall be no bar on the dissemination of information provided it does not endanger the security of the society or the state and is confined within the limits imposed by the Law.
e) No one shall hold in contempt or ridicule the religious beliefs of others or incite public hostility against them; respect for the religious feelings of others is obligatory on all Muslims.
XIII Right to Freedom of Religion
Every person has the right to freedom of conscience and worship in accordance with his religious beliefs.
XIV Right to Free Association
a) Every person is entitled to participate individually and collectively in the religious, social, cultural and political life of his community and to establish institutions and agencies meant to enjoin what is right (ma’roof) and to prevent what is wrong (munkar).
b) Every person is entitled to strive for the establishment of institutions whereunder an enjoyment of these rights would be made possible. Collectively, the community is obliged to establish conditions so as to allow its members full development of their personalities.
XV The Economic Order and the Rights Evolving Therefrom
a) In their economic pursuits, all persons are entitled to the full benefits of nature and all its resources. These are blessings bestowed by God for the benefit of mankind as a whole.
b) All human beings are entitled to earn their living according to the Law.
c) Every person is entitled to own property individually or in association with others. State ownership of certain economic resources in the public interest is legitimate.
d) The poor have the right to a prescribed share in the wealth of the rich, as fixed by Zakah, levied and collected in accordance with the Law.
e) All means of production shall be utilized in the interest of the community (Ummah) as a whole, and may not be neglected or misused.
f) In order to promote the development of a balanced economy and to protect society from exploitation, Islamic Law forbids monopolies, unreasonable restrictive trade practices, usury, the use of coercion in the making of contracts & the publication of misleading advertisements.
g) All economic activities are permitted provided they are not detrimental to the interests of the community (Ummah) and do not violate Islamic laws and values.
XVI Right to Protection of Property
No property may be expropriated except in the public interest and on payment of fair and adequate compensation.
XVII Status and Dignity of Workers
Islam honours work and the worker and enjoins Muslims not only to treat the worker justly but also generously. He is not only to be paid his earned wages promptly, but is also entitled to adequate rest and leisure.
XVIII Right to Social Security
Every person has the right to food, shelter, clothing, education and medical care consistent with the resources of the community. This obligation of the community extends in particular to all individuals who cannot take care of themselves due to some temporary or permanent disability.
XIX Right to Found a Family and Related Matters
a) Every person is entitled to marry, to found a family and to bring up children in conformity with his religion, traditions and culture. Every spouse is entitled to such rights and privileges and carries such obligations as are stipulated by the Law.
b) Each of the partners in a marriage is entitled to respect and consideration from the other.
c) Every husband is obligated to maintain his wife and children according to his means.
d) Every child has the right to be maintained and properly brought up by its parents, it being forbidden that children are made to work at an early age or that any burden is put on them which would arrest or harm their natural development.
e) If parents are for some reason unable to discharge their obligations towards a child it becomes the responsibility of the community to fulfill these obligations at public expense.
f) Every person is entitled to material support, as well as care and protection, from his family during his childhood, old age or incapacity. Parents are entitled to material support as well as care and protection from their children.
g) Motherhood is entitled to special respect, care and assistance on the part of the family and the public organs of the community (Ummah).
h) Within the family, men and women are to share in their obligations and responsibilities according to their sex, their natural endowments, talents and inclinations, bearing in mind their common responsibilities toward their progeny and their relatives.
i) No person may be married against his or her will, or lose or suffer diminution of legal personality on account of marriage.
XX Rights of Married Women
Every married woman is entitled to:
a) live in the house in which her husband lives;
b) receive the means necessary for maintaining a standard of living which is not inferior to that of her spouse, and, in the event of divorce, receive during the statutory period of waiting (iddah) means of maintenance commensurate with her husband’s resources, for herself as well as for the children she nurses or keeps, irrespective of her own financial status, earnings, or property that she may hold in her own rights;
c) seek and obtain dissolution of marriage (Khul’a) in accordance with the terms of the Law. This right is in addition to her right to seek divorce through the courts.
d) inherit from her husband, her parents, her children & other relatives according to the Law;
e) strict confidentiality from her spouse, or ex-spouse if divorced, with regard to any information that he may have obtained about her, the disclosure of which could prove detrimental to her interests. A similar responsibility rests upon her in respect of her spouse or ex-spouse.
XXI Right to Education
a) Every person is entitled to receive education in accordance with his natural capabilities.
b) Every
person is entitled to a free choice of profession and career and to the opportunity for the full development of his natural endowments.
XXII Right of Privacy
Every person is entitled to the protection of his privacy.
XXIII Right to Freedom of Movement and Residence
a) In view of the fact that the World of Islam is veritably Ummah Islamia, every Muslim shall have the right to freely move in and out of any Muslim country.
b) No one shall be forced to leave the country of his residence, or be arbitrarily deported therefrom without recourse to due process of Law.
The Universal Declaration of Human Rights
On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. Following this historic act the Assembly called upon all Member countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories.”
PREAMBLE
Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law,
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 1.
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights & obligations & of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement & residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience & religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
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