How should Muslims navigate domestic dispute laws in Western countries?
With reference to a previous reply of Hazrat Amirul Momineen, Khalifatul Masih V (aa), regarding the physical chastisement of a wife in the ultimate case of nushuz, a lady from Morocco wrote to Huzoor-e-Anwar (aa), stating the following:
“When the wives of the Holy Prophet (sa) demanded an increase in their expenses, he did not physically chastise them. Similarly, the Holy Prophet (sa) never raised his hand against any woman, servant or any person. The word darb mentioned in the Holy Quran has multiple meanings in Arabic. To state that men residing in the West should not strike women because the law here does not permit it implies that, in such a scenario, women will give precedence to European law over this Quranic injunction. Guidance is requested in this regard.”
Huzoor-e-Anwar (aa), in his letter dated 20 November 2023, granted the following guidance on this matter:
“It is correct that the Holy Prophet (sa) never raised his hand against any of his wives, but on the other hand, it is also an established fact that the station his wives occupied in righteousness and piety meant they never committed nushuz. Regarding the demand made by the pure wives concerning worldly wealth and provisions, the manner in which the Holy Prophet (sa) expressed his displeasure led the pure wives to take admonition from it; they abandoned their worldly demands and preferred to remain with the Holy Prophet (sa). Thus, when his wives acknowledged their error and reformed themselves at the very first stage, why would he physically chastise them without cause? In the Holy Quran, the stage of physical chastisement is the third step; the first two stages command admonition and the separation of sleeping arrangements. I have already detailed this to you in my previous letter.
“Furthermore, you wrote that the Holy Prophet (sa) never raised his hand against anyone. Zakat is a fundamental injunction of Islam, which has several conditions. However, since the conditions mandating Zakat never applied to the Holy Prophet (sa), he never paid Zakat in the customary manner. Would it then be correct to deduce from this that since the Holy Prophet (sa) never paid Zakat, a person amongst us who possesses the minimum wealth liable for Zakat should also not pay Zakat? No, it absolutely does not mean this. Rather, it means that if any of us are in the same circumstances under which the Holy Prophet (sa) did not pay Zakat, then the payment of Zakat will not be obligatory upon them either. Likewise, what need is there for a person to physically chastise his wife if her station in righteousness and piety, following in the footsteps of the pure wives of the Holy Prophet (sa), is entirely in accordance with the Sharia? The teaching that Islam has imparted regarding the reprimand of a wife involves several conditions, which I have mentioned in my previous letter.
“Worldly laws are man-made and contain many flaws. That is why they are constantly amended, whereas the Quranic Sharia, which is revealed by Allah the Exalted, is free from every kind of defect and requires no alteration over time. It is eternal and serves as guidance for mankind until the Day of Resurrection. Therefore, the true teaching is the teaching of the Islamic Sharia. Thus, where necessary, it shall be acted upon first. For this reason, I did not state in my previous letter, as you have claimed, that men living in the West should not chastise women. Rather, I stated that where the law of the land does not permit it, physical chastisement should be avoided even if the need arises. Therefore, if in a certain place the laws of the land do not permit physical chastisement despite the need, it should be avoided there. Nevertheless, the first two measures prescribed by the Sharia can certainly still be implemented. It is possible that reformation is achieved through them, as it is not necessary for every matter to escalate to the point of physical chastisement; reformation can occur without it as well.
“Furthermore, for the reformation of a woman upon her commission of an undesirable act, Islam has also imparted the following teaching:
“‘Confront those of your women who are guilty of unbecoming conduct with four witnesses. If they bear witness, then confine the women to their houses till death overtakes them or Allah opens a way for them.’
(Surah an-Nisa’, Ch. 4: V. 16)
“‘A way’ means that either the woman is reformed or if she is not reformed, the husband divorces her and separates from her or the woman herself obtains khul‘ from her husband and separates from him.
“Thus, Islam has given its followers various teachings for different circumstances. Therefore, adherence to the Sharia is obligatory for a true believer. Since the Sharia itself states that one must abide by those laws of the land which do not conflict with the fundamental religious rights of a Muslim, we consider it our religious duty to obey all such state laws.
“As for someone who gives precedence to the law of the land over the Sharia for a temporary and superficial benefit, what can we do about that? However, it is an undeniable reality that wherever man has adopted worldly laws in opposition to divine commandments, he has always caused his own detriment. In Western society, under the deceitful ploys of the Dajjal, the various laws currently being enacted contrary to religious commandments to create distance between man and God are becoming the cause of the ruin of man’s present life as well as his life in the Hereafter, which is the eternal life. Thus, if we wish to adorn our world and our Hereafter, we must be bound by Islamic teachings with sincere hearts.
“It is true that the word darb has several meanings in the Arabic language, yet the meanings of this Quranic word elucidated by the Holy Prophet (sa) and his most ardent devotee, the Promised Messiah (as), who is the Judge and Arbiter [Hakam ‘Adl] of this age, are the only correct ones and are actionable for us all. Accordingly, whilst translating verse 35 of Surah an-Nisa’, the Promised Messiah (as) states:
“‘As for those women on whose part you apprehend signs of disharmony, admonish them, leave them alone in their sleeping places and chastise them (that is to say, whatever the specific situation and wisdom dictates). Then, if they become obedient to you, do not bring up the matter of divorce and the like and do not act with arrogance, for true greatness belongs solely to God. This means you should not harbour the thought in your heart saying, ‘What need do I have of her? I can easily take another wife.’ Rather, treat her with humility, for humility is beloved to God.’
(Arya Dharam, Ruhani Khazain, Vol. 10, p. 51)”
[The above response elucidates theological interpretations without offering legal advice. It focuses on understanding religious texts and should not be viewed as encouragement to act against civil or criminal laws. Moreover, in situations that could escalate to severe measures, the Ahmadiyya Muslim Community has established systems for counselling and arbitration. These systems allow members in all parts of the world to seek guidance, present evidence and witnesses, and resolve conflicts peacefully. These measures are in place to prevent any spontaneous or unjustified actions and serve as preventative mechanisms against violence, especially domestic violence, which is also the true intent of the Quranic verse under discussion. –The Editor]
What is the exegesis of Hazrat Khalifatul Masih I (ra) regarding the narrative of Hazrat Musa (as) and al-Khidr?
With reference to a previous letter of Hazrat Amirul Momineen, Khalifatul Masih V (aa), someone wrote to Huzoor-e-Anwar (aa) stating that Hazrat Khalifatul Masih I (ra) had declared the incident of Hazrat Khidr mentioned in Surah al-Kahf to be the spiritual ascension [mi‘raj] of Hazrat Musa (as). He mentioned that he could not find this reference of Hazrat Khalifatul Masih I (ra) and requested it be sent. The person also expressed his thoughts regarding the Five Volume Commentary.
Huzoor-e-Anwar (aa), in his letter dated 20 November 2023, granted the following guidance on this matter:
“Hazrat Khalifatul Masih I (ra), whilst expounding on verse 61 of Surah al-Kahf (‘And [remember the time] when Moses said to his young [companion], ‘I will not stop until I reach the junction of the two seas or I will journey on for ages.’’), states:
“‘Majma‘ al-Bahrayn [the junction of the two seas]: The White Nile and the Blue Nile at Khartoum could be meant here. In my view, that is the actual meaning. Where there was betterment of religion and the world, this is the spiritual ascension [mi‘raj] of Prophet Moses (as).’
(Tash-heez-ul-Azhan, No. 9, Vol. 8, September 1913, p. 465; Haqaiq-ul-Furqan, Vol. 3, pp. 26-27)
“Then, explaining verse 81 of the same chapter, he states:
“‘Yurhiqahuma [burden both of them]: Impute to them both. In this narrative, Prophet Moses (as) objected to three matters: 1. The breaking of the boat. 2. The killing of the boy. 3. The building of the wall without taking any wage. Yet, all three of these events had already occurred in the very household of Hazrat Musa (as) himself.
“‘Li-tughriqa [that you may drown; Surah al-Kahf: V. 72]: If there was any fear of li-tughriqa, did the mother of Hazrat Musa (as) not cast him into the river herself? Did Hazrat Musa (as) drown by being cast into the river? Following this, during the time of Pharaoh, Hazrat Musa (as) himself led the entire nation into the sea, where ostensibly there was a fear of drowning. Similarly, Hazrat Musa (as) watered the (flocks of the) women at the well in Midian and did their work himself without taking any wage. Then, at the time of killing the Copt and (later at the time of killing Korah), he had taken a life without [apparent] cause.
“‘In reality, this narrative is somewhat of a spiritual ascension [mi‘raj] of Hazrat Musa (as). In this spiritual ascension, that servant was with him acting in the capacity of an angel and was a guide [khidr] for the path. And all these matters relate to future events. Through them, he was made to understand that he would have to face a tyrannical king and to save himself and his people from him and his army, he would have to cross the sea and then fight a war in which many would have to be killed.
“‘The matter of the wall is that Prophet Abraham (as) was a righteous Prophet. He had two sons: one from the children of Ishaqas and one from the children of Ismailas. When people corrupted the religion of Hazrat Ibrahim (as), that wall of his was about to fall. To protect it, Allah the Almighty sent two Prophets: Hazrat Musa (as) and our Holy Prophet (sa). They were the ones to raise this wall, and in this way, the treasure of pure teachings was preserved.
“‘That this event was a spiritual ascension, is further corroborated by the fact that there is an ancient book among the Jews which is still extant, named Mi‘raj-e-Musa. In it, the name of the angel who is described as the guide of Hazrat Musa (as) is written as Khidr. (See Encyclopaedia Biblica, under Moses, [illegible]).’
(Supplement to Akhbar Badr, Qadian, 30 April and 5 May 1910, No. 27 & 28, Vol. 9, p. 161; Haqaiq-ul-Furqan, Vol. 3, pp. 31-32)
“As for the thoughts you expressed regarding the Five Volume Commentary, I have already written to you about this, explaining that the Jamaat, according to its resources, prepared this brief commentary in the English language for English speakers. It was compiled with the help of the summary of Hazrat Musleh-e-Maud’s (ra) masterpiece commentary of the Holy Quran (Tafsir-e-Kabir), as well as the notes he prepared for Tafsir-e-Kabir, so that English-reading friends could understand the subjects of the Holy Quran to some extent through it. Since it is in the form of a summary, exhaustive details could not be included.”
Can women lead congregational prayer in Islam and call the azan and iqamah?
A lady from Norway sent an enquiry to Hazrat Amirul Momineen, Khalifatul Masih V (aa) asking whether a woman should call the iqamah when women observe congregational salat among themselves. Furthermore, in those prayers where the recitation is usually aloud, should a female imam also recite aloud?
Huzoor-e-Anwar (aa), in his letter dated 22 November 2023, granted the following reply:
“Since it is not obligatory for women to observe congregational salat, making a widespread habit of women holding separate congregational prayers is not appropriate. However, if women occasionally pray in congregation together during a Jamaat programme exclusively for women, there is no harm in it. In such a case, no woman is permitted to call the azan for this prayer. In Medina, upon the request of Hazrat Umm Waraqah (ra), when the Holy Prophet (sa) granted her permission for a time to lead the women who came to her house in congregational salat, the purpose of which was likely to impart religious education to the women, the Holy Prophet (sa) appointed a man as a muezzin for them who used to call the azan for them. (Sunan Abi Dawud, Kitab as-salat, Bab imamati n-nisa’)
“Thus, women cannot call the azan for their separate prayers, but in this situation, a woman may call the iqamah for the prayer, although calling it is not obligatory either, as is mentioned in the Hadith:
لَیْسَ عَلَی النِّسَاءِ اَذَانٌ وَ لَا اِقَامَۃٌ
“‘It is not obligatory upon women to call the azan or the iqamah.’ (As-Sunan al-Kubra by al-Bayhaqi, Kitab as-salat, Bab laysa ‘ala an-nisa’i adhanun wa la iqamah)
“Furthermore, the female imam will not stand alone ahead of the row; rather, she will stand amidst the women in the middle of the first row. As for those prayers in which recitation is aloud, the female imam will indeed recite aloud in those prayers.
“Such congregational prayers for women can only be held according to need in rare or exceptional circumstances. To make it a customary practice and for women to habitually observe congregational prayers in this manner with a female imam is not appropriate.”
Does Islam allow concealing someone’s faults during a testimony?
Image: LVER/Pixabay
A lady from Germany wrote to Hazrat Amirul Momineen, Khalifatul Masih V (aa), asking about the mention of bearing witness in verse 136 of Surah an-Nisa’ and against whom this testimony is to be given. She also asked whether the Islamic injunction of concealing faults would contradict the commandment in this verse.
Huzoor-e-Anwar (aa), in his letter dated 22 November 2023, granted the following reply to this question:
“The translation of the verse of Surah an-Nisa’ which you have mentioned is as follows:
“‘O ye who believe, be strict in observing justice and bear witness only for the sake of Allah, even if it be against your own selves or against parents or kindred. Whether the person be rich or poor, in either case, Allah is more regardful of him than you could be. Therefore, follow not vain desires so that you may act equitably. If you conceal the truth or evade it, then remember that Allah is well aware of that which you do.’
(Surah an-Nisa’, Ch. 4: V. 136)
“Thus, the answer to your question is found within this very verse: this testimony shall be given for Allah, meaning for the attainment of the pleasure of Allah the Almighty. Secondly, Allah the Almighty has stated that whether the person about whom the testimony is being given is rich or poor, in both cases Allah the Almighty is more regardful of them than the one giving the testimony. Therefore, when you are formally called to testify, you must not become the cause of Allah the Almighty’s displeasure by evading the declaration of truth or hiding the factual reality under the guise of concealing someone’s faults.
“Furthermore, the distinction between the matters of bearing witness and not concealing faults is that testimony is taken for a specific purpose. For this reason, giving true testimony is a religious duty of a Muslim, because Allah the Almighty states in the Holy Quran that when you are called to give testimony, do not refuse to bear witness, as He states the following:
وَلَا یَاۡبَ الشُّہَدَآءُ اِذَا مَا دُعُوۡا
“‘The witnesses should not refuse to testify when they are called upon to do so.’
(Surah al-Baqarah, Ch. 2: V. 283)
“On the other hand, unveiling someone’s faults is purposeless and unwarranted and doing so has been declared a grave sin in Islam. Islam has deeply disapproved of broadcasting someone’s flaws, backbiting against them or levelling false allegations against them and has issued a stern warning regarding these evils. (Surah al-Hujurat; Sahih Muslim, Kitab al-birri wa s-silati wa l-adab, Bab tahrimi l-ghibah)
“Thus, when a person broadcasts the weaknesses and faults of someone here and there without cause or purpose, it contradicts the teaching of concealing faults. However, when a person is called to a court or before a judge to state a truthful matter or to bear witness to the truth so that an issue may be resolved or justice may be reached in a case, then for a Muslim to give such true testimony is not only not contrary to concealing faults, but it is necessary and worthy of reward.”
(Compiled by Zaheer Ahmad Khan, Head of Records Department, Private Secretariat, London and translated by Al Hakam)