Question
A Muslim lawyer arranged the following form of halaal „community of property‟ matrimonial agreement: "I acknowledge that I have during my lifetime concluded a MUFAAWA- DAH partnership with my spouse according to Islamic Law. I accordingly record that the surviving spouse is entitled according to Islamic Law to one -half of the joint estate, at the time of my death. This will accordingly governs the deceased spouses one -half share arising from the marriage in community of property." Is this a valid agreement in terms of the Shariah?
Answer
The claim that "the surviving spouse is entitled according to Islamic Law to one-half of the joint estate, at the time of my death.", is glaringly haraam. This miserable lawyer is notorious for his shaitaani gimmicks of mutilating the Shariah to excrete interpretations for conforming with the laws of the kuffaar. The so-called „lawful community of property‟ device is a stupid, satanic trick to render „halaal‟ the kuffaar community of property matrimonial system which is totally Haraam. The moron lawyer seeks to override the Shariah with his silly interpretation of the Mufaawadhah shirkat (partnership).
Allah Ta‟ala has decreed the system of Meeraath (Inheritance) which cannot be cancelled or abrogated with the type of despicable tricks and satanic play of words as employed by the jaahil lawyer.
The so-called „mufaawadhah‟ is baseless in the husband-wife context. Furthermore the use of the term „spouse‟ is also despicable. The lawyer‟s brains are corrupt, hence he uses such terms to describe the husband and wife. Perhaps he is a „same-sex‟ epistasis or a hermaphrodite, hence the terms husband and wife are chagrin for him.
The imaginary „partnership‟ termed „mufaawadah‟ in the context is a deceptive figment of the desire to enforce the haraam community of property system by which the wife is empowered to rob the heirs of their rightful shares of Inheritance. This stupidity which the rascal lawyer terms „mufaawadah‟ is not valid. It is Haraam. The estate of the deceased has to be compulsorily distributed in accordance with the Qur‟aan‟s Law of Inheritance.
THE
DUNYA
Rasulullah (sallallahu alayhi wasallam) said: "The dunya is the abode of one who has no abode (in the Aakhirat). It is the wealth of one who has no wealth (in the Aakhirat). And, he who has no Aql (intelligence) accumulates wealth."
"He (Allah) has created man from water, then made for him nasab and swihr."
Nasab refers to blood relatives. Swihr means inlaws, mother-in-law, father-in-law, etc. These relationships are sacred and created by Allah Ta‟ala. They are Trusts which come with a multitude of Huqooq (Rights). Violation of these Rights constitute a major sin - the sin of Zulm.
It is indeed lamentable that wholesale violation of the sacred in-law Trust is committed by most people. Instead of honouring these ties, in-laws fight like cats and dogs among themselves. Mutual rights are totally violated and abandoned.
CALAMITIES
"Whatever calamity
(difficulty/hardship) befalls you, it is the consequence of what your hands have earned." (Qur‟aan)
Calamity of any kind is generally the product of our disobedience and transgression. Therefore, increase Istighfaar. But Istighfaar is valid only if there is remorse and regret for the wrongs perpetrated. Istighfaar (seeking forgiveness) is not valid without its Soul, namely remorse and regret.
If the sinful act relates to the huqooq (rights) of others, then the imperative need is to supplement remorse and regret with appropriate amends. That is, first seek pardon from the person whom you have wronged and oppressed or whose rights you have trampled on.
Hadhrat Fudhail Bin Iyaadh (Rahmatullah alayh) said:
* "An Aalim of little taqwa is exceptionally evil. It is indeed evil that an Aalim goes for Hajj with the money of a wealthy person. How can you praise the Ulama-e-Soo‟ who are obese, don gaudy garments and consume delicious foods."
Criticizing the vile molvis and sheikhs, Hadhrat Fudhail (Rahmatullah alayh) said: "A man who performs only the Fardh acts of Ibaadat is nobler than him (the evil molvi/ sheikh) who fasts daily, spends the night in Salaat, engages in Jihad and performs Hajj, but he associates with a king (i.e. in general with rulers)."
* Hadhrat Hasan Basri (Rahmatullah alayh) said: "The Ulama will remain under the protection of Allah Ta‟ala as long as they do not incline towards the wealthy people with love. When they incline with love towards the people of wealth, then Allah Ta‟ala removes His protection from them. Then Allah Ta‟ala imposes on them the domination of oppressors who will severely punish them. Allah will fill their hearts with fear."
* Hadhrat Saeed Bin Musayyab (Rahmatullah alayh) said:
"If you see an Aalim frequenting the homes of the wealthy then understand that he is a thief."
* Hadhrat Sufyaan Thauri (Rahmatullah alayh) said: "When you see an Aalim visiting the Qaadhi (judge) without valid reason, then do not think good of him. Do not make Salaam to him and understand that he is baddeen (irreligious)."
When Hadhrat Sufyaan Thauri (Rahmatullah alayh) died, the people said to the Ulama: "O Qaaris! Now you are free to pursue the dunya via the Deen, for Sufyaan Thauri is no longer here." This comment was because Hadhrat Sufyaan was extremely severe in his criticism of the Ulama-e- Soo‟.
* Hadhrat Habeeb Ajmi (Rahmatullah alayh) said: "I did not ever think that I would see the day when shaitaan would play (and deceive) the Ulama just as children play with a ball."
* Hadhrat Abdul Bin Abi Rawaa (Rahmatullah alayh) said:
"The faasiq of the time of Jahiliyyaah had more shame than the Ulama of our age."
THE WORST MORON ple praise him for his knowledge
and good deeds…. He is like a Hadhrat Ikramah (Rahmatullah man who plants a thorn tree alayh) said: "There is no worse hoping it will bear dates." moron who, despite being aware of his own evil, desires that peo-
Is the fatwa below correct because one of my friend's mother needs a lung urgently. Please advise.
"Q. One of my Kidneys have failed and I require a Kidney transplant. My brother is willing to donate one of his Kidneys to me. Is it permissible for him to donate his Kidney to me and is it permissible for me to accept it?
A. It is permissible for a donor to donate his/her kidney and for the donee to accept the kidney to save his/her life based on the following conditions: 1. The donor‟s life is not endangered by donating the kidney
2. The donor donates the kidney from his/her free will without any pressure
3. The donee‟s sickness can only be cured through kidney transplantation
4. There is a high probability for the donee‟s sickness to be cured through kidney transplantation
Therefore, it would be permissible for your brother to donate his kidney to you and for you to accept it based on the above conditions. (Fataawa Darul Uloom Zakariyya 6/723/ 725)"
Allah Ta‟ala Knows Best. Mufti Ismaeel Bassa themufti.com
(End of the CORRUPT fatwa)
OUR COMMENT
The fatwa is absolutely corrupt and baatil. The use of human organs is absolutely HARAAM. Thus, „donation‟ of one‟s kidney or any part of the body is HARAAM. There is absolutely no Shar‟i daleel for this permissibility disgorged by the Mufti who has grievously erred.
Maut comes at it‟s appointed time. Nothing can advance Maut nor delay it. It arrives at its prescribed moment. Haraam medical treatment may not be resorted to for „saving life‟. The idea of „saving life‟ is a stupidity of the atheists. It is shockingly lamentable for muftis to entertain this idea of the atheists. Never can life be saved with haraam medical treatment nor with halaal medicine. However, the Shariah permits the utilization of halaal medicine just as it permits the utilization of halaal methods for earning one‟s Rizq which like Maut is prescribed and fixed. Nothing will increase or decrease Rizq. It has been decreed and constitute an article of Taqdeer.
Here in this dunya we are obliged to adopt only what is HALAAL, and not conduct ourselves like the kuffaar who deny the Existence of the Creator. Organ donation and organ transplantation are HARAAM.
WESTERN EDUCATION
The effect of western education is the elimination of honour and love for Allah Ta‟ala and Rasulullah (Sallallahu alayhi wasallam) from the hearts. This is the basis for their numerous doubts and objections regarding Islamic teachings. In the wake of the elimination of this honour and respect, innumerable doubts and questions are raised about the teachings of the Deen.
Since people hold rulers and governments in high esteem, they do not question the reasons and wisdom for secular laws. But regarding Islamic teachings they have another attitude. This is the fruit of the deficiency of honour in the hearts of people.
(Hadhrat Maulana Ashraf Ali
Thanvi)
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 26 No 07
- PDF page
- 6
Verbatim verified against the source PDF
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