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Simplified Islamic Jurisprudence 2 pdf download

Simplified Islamic Jurisprudence Based on the Qur’an and the Sunnah Volume 2 / Al-Fiqhul-Muyassaru minal­ Qur’ani was-Sunnah – االفقه الميسر من القرآن والسنة

  • Book Title:
 Simplified Islamic Jurisprudence Based On The Quran And The Sunnah Volume 2
  • Book Author:
Muhammad M. 'Abdul-Fattah
  • Total Pages
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17 Mb
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Marriage: Definition and Significance – Simplified Islamic Jurisprudence 2

Marriage is a means of unity that connects between a man and a woman who aim to share a life together for establishing a Muslim family according to the instructions of Almighty Allah and His Messenger (PBUH).

Marriage is a social institution which is as old as the human race itself. It is a relation between a man and a woman which is recognized by custo1n or law and involves certain rights and duties, both in the case of the parties entering the union of marriage, and in case of the children born of it.

Marriage has thus two main functions to perform: it is the means adopted by human society for regulating relations between sexes; and it furnishes the mechanism by means of which the relation of a child to the community is determined.

The rites and ceremonies of marriage have been different with different peoples and in different ages but the two functions mentioned above are common as far as marriage is concerned. It always implies the right of sexual intercourse as allowed and recognized by society and the duties of parents in bringing up children.

Islam recognizes this institution and accepts it as the basis of human society after purging it of all those evils which penetrated it once.

woman is not a plaything in the hand of her husband – Simplified Islamic Jurisprudence 2

Firstly, Islam does not regard it as a union only for the gratification of sexual lust, but a social contract with wide and varied responsibilities and duties. The reason behind it is that, according to Islam, a woman is not a plaything in the hand of her husband, but a spiritual and moral being that is entrusted to him on the sacred pledge to which Allah is made a witness.

The wife is, therefore, not meant to provide sensuous pleasure only to the male, but to fully cooperate with him in making the life of the family and ultimately of the whole humanity significantly meaningful.

In Islam, marriage is very important as it helps the Muslim have a good, stable, and decent life as long as he deals with it according to Islamic instructions. It is a norm of Allah in His creation. Almighty Allah says,

(And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between your affection and mercy. Verily, in that are indeed signs for a people who reflect). (Qur’an al-Rūm: 30: 21)

The Shar’i Ruling concerning Marriage – Simplified Islamic Jurisprudence 2

Marriage is one of the most confirmed lines of conduct (, and according to the common meanings of the aforementioned verses and hadiths and other ones, most scholars maintain that marriage is legally desirable (mustahabb). However, it becomes obligatory if a person fears that he should commit zina (adultery or. fornication) if he does not get married, as long as he has the ability to get married. This is because zina is prohibited, and whenever there is a thing (like marriage) without which something prohibited (like zina) cannot be warded off, this thing becomes a must.

The following verse indicates that marriage is not obligatory on the part of women, (And as for women. past child bearing who cf,o not expect wed-loch, it is no sin on theni if they discard their (outer) clothing in such a. way as not to show their adornm.ent. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allah is-All­Hearer, All-Knower. (Qur’an al-Nūr 24: 60)

The Benefits of Marriage

There are many benefits and advantages that a person can get as a result of marriage. S01ne of these benefits are the following:

  • Complying with Allah’s command.
  • Following the Sunnah of the Prophet (PBUH) and the line of conduct adopted by the Messengers before him. Almighty Allah says, {And indeed We sent Messengers before you (0 Muhammad), and made for them, wives and offspring … ) (Qur’an: 13: 38)
  • Assuaging one’s lust and lowering one’s gaze.
  • Protecting one’s genitals against evil and immorality and helping women be modest and chaste.
  • Preventing abomination and zina from spreading among Muslims.
  • Producing abundant offspring so that the Prophet (PBUH) can feel proud of that before the other nations and Messengers on the Day of Resurrection.
  • Obtaining reward by virtue of having intercourse lawfully,
  • Loving what the Prophet (PBUH) used to love, as he said, “I have been made to love perfume and women from among (the pleasures of) your world.”((‘Narrated by An-Nasa’i and others.))
  • Producing faithful offspring that can defend Islam and its people and lands and be cooperative in righteousness and piety.
  • Enjoying the affection, love, and mercy which Allah puts between spouses. This is in addition to many other benefits of marriage some of which only Allah knows.

The Eternally Prohibited Women

  • Women prohibited because of kinship. They are seven, as follows:

1.             Mothers: This includes a man’s mother, the mother of his father, the mother of his mother, and all his grandmothers on the paternal and the maternal sides.

2.             Daughters: This includes a man’s daughters as well as all the daughters and granddaughters of his daughters and sons.

3.             Sisters: This includes sisters from the paternal and the maternal sides.

4.             Paternal aunts: This includes the sisters of a man’s father as well as the paternal aunts of his father and mother.

5.             Maternal aunts: This includes the sisters of a man’s mother as well as the maternal aunts of his father and mother.

6.             Brother’s daughters, from all sides.

7.             Sister’s daughters, from all sides.

Man is prohibited to get married to any of these seven categories of women, and this is for good as unanimously agreed upon by scholars.

To make it easy, you should know that all the female relatives of a man because of kinship are prohibited with regard to marriage, except for four women: the daughter of his paternal uncle, the daughter of his maternal uncle, the daughter of his paternal aunt, and the daughter of his maternal aunt. ((Ibn Taymiyah, Fatāwah))

  • Women prohibited because of affinity.

They are four, as follows:

1. The wife of father (stepmother):

It has been narrated by lbn ‘Abbas, may Allah be pleased with him, that people during the pre-Islamic period of ignorance used to declare as prohibited what was to be prohibited (in marriage) except for stepmothers and having two sisters in wedlock at the same time. So, Almighty Allah revealed,

(And marry not women whom your fathers married, except what has already passed … ) (Qur’an: 4: 22)

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