Sunday Surkhi--No Tricks today

Trick or Treat business is more a cultural side of the mythical or almost mythical religious background of Halloween
Again we find that the background for celebration is 'pagan'.
If you respect your religion why associate it with pagan and why is it so difficult to divorce it from the pagan thoughts or practices?
Human weakness is so indelibly written on the Man's face:
"Man was created weak" Says Qur'an (Chapter 4th, Verse 28.)
This weakness is physical as well as emotional and spiritual all combined. Always looking for easy things for 'fun' even in worship which is inherently a serious business for you are talking to your Creator, the Creator of all and everything the whole Universe and more.


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Jum'ah Journal--Pictures of the prophet SAWS

I am sure you have come across this "chain-letter" on FB or other places on the IN and sometimes you want to support but not always.
As for the pictures of the prophet, I am not sure what would be the purpose. the pictures were first seen (I dont know how old) or paintings or drawings of some kind in Iranian writings, showing the prophet on the Burraq. I do not know who drew those and why and of course Ulama must have objected but that remains a fact and I have personally seen them.
It is 'prohibited' to draw him or dramatize his life or person of him etc. and that was his own teaching during life (for obvious reasons) and we as Muslims who love the prophet SAWS must respect his wishes. Inspite of that a movie was made (I enjoyed it) about the 'messenger' in which the 'prophet' did not appear on the screen. However our friend Mustafa Akkad (May his soul rest in peace) was allowed to produce it, by Al-Azhar.
If the drawing is not for mockery and is done by non-Muslim he/she is not prohibited as we Muslims are. It is not 'offensive' to us but is considered 'disrespectful' at most.
My own thinking has been that we as Muslims should have made objections for all the movies made in Hollywood about Jesus Christ PBUH or Moses PBUH. The Christians did not object even though they consider him son of God or even God because they did not consider such an act as disrespectful to the person. I have enjoyed some of them, I must say even though I think it is 'disrespectful' to picturize such exalted personalities.


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Seventy Year old and pregnant?

That is what attracted me to see the program on TV
Incidentally the old woman and the doctors were in India doing this business of
providing "healthy elderly women" with IVF and making pregnancy from ova (did not hear the whole story so I do not know where was it obtained from) and a "donated Sperm" from unknown sources.
Frankly I could not see enough reason why an elderly couple wanted to have a child of "their Own" But they sold two buffaloes and borrowed money from the bank etc. and got the pregnancy and a beautiful child. The commentators insisting that older mothers are better, less nervous more loving and more tolerant etc. etc.
The Qur'an recognizes the mother "who gives birth" to the baby.
How would you consider that if it is not your sperm and your wife gives birth to a baby?

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Sunday Surkhi--Animal Kingdom

 1950-52, I was a student of Biology in University of the Panjab (Governmnt College, which is now upgraded to the University level.
 My favorite was Zoology so much that I had gone through the whole Zoology Museum of the University (Just a couple of small rooms with all 'specimens'.
 I was fascinated with names and animals of all kinds. I have since visited many museums here for kids and have enjoyed with my kids and now am still doing with G-kids. I almost joined the Zoology department as teacher but fascination with human medicine got better of me
Upgraded Durham museum is the first one I am seeing with well-organized 'insectarium' which I did not see before anywhere. insects give me creepy crawly feelings because I have been bitten/stung by some but this a vast class indeed
 I learnt that Spiders eat insects but are not insects-amazing (Maybe I have forgotten my lessons). Both belong to Phylum Arthropoda but spiders are Class Arachnida class and insects-of course Class Insecta.
Still learning

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Jum'ah Journal--Lost art of physicians

  There has been a major coverage of miners and of course each of the 33 ones will have a minor to major story--the one conflict of a GF (who was embraced by the miner on emerging from the capsule) and wife has laready started and so the life goes on
 Along with such news one news caught my attension
Physician revives the dying art"
So I was curious. It turned out to be just PE (physical Examination)
 Yes indeed I stand witness to this dying Art which our physician pictured in the 'news' clearly shows as he was trained in India where the emphasis is still on the exam (and also in Pakistan). The teachers especially at the bed side make sure your observation remains better than Sherlock Holms.
 When a patient walks in you must have some idea of the problem he/she is going to present and half the diagnosis should be ready before the patient opens the mouth. Because you have seen his/her gait, the face, other movements, how he/she is dressed, etc. etc. a host of things to observe.  Clinical acumen is sharpened by frequent questioning of students by the teacher as this physician (Professor) is doing.
 As a neurology resident, my teacher told me you should be able to make a diagnosis of sphenoid ridge meningioma from looking at the skull films of the patient.. and you are not supposed to miss; at the appropriate place on the inner table of the skull there will be vascular marking of the blood vessel feeding that tumor. (That was before the CT and MRI days and before doing cerebral angiogram. That was some teaching. I have many stories like that

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Late Sunday Surkhi--Talaq

Well, folks today being the famous  11th day of the 10th month you will forgive me for being lazy and to tell you the truth I was very busy on this sunday which fell on the special date of 10.10.10
 One new couple was celebrating their wedding and then we had another important engagement.
 Anyway so here I am and I thought I may write a bit more on this subject of Talaq.
Talaq or divorec often brings to your mind fighting bickering between the spouses and families etc, including court procedures which bring substance to the lawyers like, some lawyer said to his wife,
 "honey wait till I get this couple finish their divorce and then I'll get you that pearl necklace"  (or something like that.)
  The teachings of Qur'an tell us,
 "When ye divorce women and they fulfill the term of their Iddah either take them back on equitable terms or set them free on equitable terms..................." (#231 of S. Baqara)
 This "equitable terms" is very significant. 
The other verse (#229) "Divorce is only permissible twice (goes on to say) after that the parties should either hold together on equitable terms or separate with kindness,.........."
 The word in Arabic is "m'aroof" which is translated as "equitable terms" by Yusuf Ali and Asad renders it "in a fair manner"
  This is the important aspect I wish to single out here because there is so much ill-feeling and inclination to hurt the other party which is why Qur'an emphasizes "fair manner". In more clear words, do not fight or hurt but separate with kindness,
MEN ARE ADVISED NOT TO TAKE BACK THEIR GIFTS OR OTHER THINGS WHICH HAVE BEEN GIVEN TO HER
 Once parting has been decided by both plan the separation on good terms. men should not only let the women keep what is their share and their gifts but should give them additional "parting gift", that is what I understand by the word IHSAN "kindness", does not completely convey the total significance of Ihsan.
 Verses #236 1nd 237 indicate'

"there is no blame on you, if you divorce women before consummation or fixation of their dower, but bestow on them (a suitable gift); a wealthy according to his means and the poor according to his means;--a gift of a reasonable amount is due from those who do the right things"
"And if ye divorce before summation but after the fixation of dower, then half of the dower (is due to the women), unless they remit it, or (the man's half) is remitted by him in whose hands is the marriage tie and the remission (of man's half) is the nearest to righteousness- and do not forget liberality between yourselves,  (that is the men and the women involved in this process), for Allah sees well all that ye do"

I have done my own Italics to indicate that aspect Allah is insisting upon the two parties how to be fair  .
These are the aspects of divorce that we are less likely to pay attention to and I think they are very very important for "doing the thing in a right way" both the men and women divorcing each other are warned "to be fair with each other". The word is "fadla bainakum" which Asad renders it as "And forget not that you are to act with grace towards each other".
   I have seen too many divorces in my life and seen the effects and after effects etc. of divorces and that is my reason for emphasis on this aspect although I know very well how difficult it is for the two parties to follow the Qur'anic instructions. I have seen even those who have good knowledge of sharia and Qur'an and they ignore these teachings with no remorse. The families suffer the children of the divorcing couple suffer and....
well you know all these unpleasant things I dont have count.

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Teen Talaq--Contd.

 So we have two positions (with Talaq Mughalliza- I will not repeat this is the one I am talking about).
 1. Accepted and adhered to by non-Ahl-Hadeeth (I always have difficulty in defining these labels because we are all following hadeeth- NOT the Imams named like Malik, Abu Haneefa etc.)
 Here 3 talaqs pronounced in one sitting will be taken as three--final requiring halala to return to divorced wife and so it will be Ghair Ruja'i type +
 2. Accepted by Ghair Muqallid group (Non-followers of any Mazdhab) three given in one sitting will be counted as one. The only three talaqs will be those THAT ARE REPEATED AT INTERVALS OF PERIODS. (This later type is undisputed final three talaq situation and is not being discussed.
 Without quoting hadeeth (Of Abdullah Bin Umar RA) let me summarize the way a Muslim should divorce ("good" Talaq or طلاق  حسن   )
  The wife has finished her period and is Pak or Tuhur again, pronounce Talaq one time making sure you have NOT gone to bed with her because if you have. you must wait for the next period of Tuhur  طہر
 to pronounce. Let the woman finish her second--again no going to bed and third period without going to bed. (If you have sexual intercourse with her that is counted as Rujooa which means you have dropped the idea of divorce)  The divorce is complete
 Like our Imam said, if one bullet will kill why use the second or third. I know some would suggest pronounce second also but that is not essential because Allah mentioned in the above quoted aya only a suggestion that you are allowed the Ruja'i type talaq up to two times only and if you take the liberty of going for the third; beware! you will not be allowed to get back to her fourth time (without halala).
 Now taking these both positions we can see there is room for repenting and reconsidering if the three pronunciations were made for whatever reason and time is given to you so that is "leniency" in the Position of #2 given above whereas the man has no time for repenting etc. in position of #1. He lost the opportunity with that wife unless he can wait for her to be married to somebody else and enjoyed Husband-wife relations, may have more time lapsed and then if either her husband dies or he does divorce her on his own-- then and only then he will be able to remarry her.
 This means that whoever is divorcing his wife in anger and without the knowledge of consequences of three talaqs  he is creating hell for himself in more than one way. So he should not take divorce as a simple latter of just pronouncing three talaqs and you are done. He should think carefully before saying three times.
 There is one 'leniency' here that if one used words like three talaqs, there may be possibility of considering that as one IF the intention of the person is that of one. But if the words used are talaq to you talaq to you talaq to you, even in anger etc. that would be counted as three no matter what the intention.
   AS I see there is merit in both situations but I belong personally to Muqallideen group (Mostly teachings of Imam Abu Haneefa) and in this matter I do not feel I have option available to use Ghair Muqallideen advice. This is NOT a matter of merely an "opinion", because of "ijma'a" of Sahaba on that. I have put forward two positions as objectively as possible.
 I will now take questions insha-Allah for discussion but will guide you to the best of my ability to seek proper guidance from sources I can suggest; Remember I am NOT  an Islamic scholar.

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Sunday Surkhi- Teen Talaq Contd.

 Before discussion let me first give names and significance of various types of Talaq
1. Talaq Ruja'i    طلاق رجعی 
  This is divorce pronounced in which during Iddat one husband can re-establish the matrimonial bond without new nikah AND after Iddat can re-establish the bond with a new Nikah.
2. Talaq Ghair Ruja'i    طلاق غیر رجعی
  This is a divorce pronounced after which the husband hs no option available to rejoin his wife during Iddat (the three periods time)
 This is called Talaq Baa-in  طلاق بائن
The other talaq which can be called Ghair ruja'i is the third talaq or when (acceptable) three talaqs are pronounced in one sitting which is called Talaq Mughalliza طلاق مغلّظہ which would be absolute Talaq and the husband cannot get back to his wife without halala., So both the three talaqs pronounced at three different times as well ass pronounced all three at one time can be called Ghair Ruja'i, though in fact these are more than ghair ruja'i.
Now back to the question of three talaqs pronounced at one time


The story is given like this.
 From the time of the prophet to the first two years time of Umar RA (As Khalifa)
 the three Talaqs (Mughalliza, given in one sitting) were considered one talaq. (This is a sweeping statement because there is no doubt that some times the three talaqs were accepted as three-irrevocable and ghair ruja'i). Anyway Umar RA felt that people are getting away with three talaqs as one whenever anybody wants to and they have become hasty and careless so why not take ALL Talaq Mughalliza as three talaqs and stop counting them as ONE.
 He proposed that to the Sahaba and ALL AGREED and so he went ahead and made the decision of counting Talaq Mughalliza as three talaqs (which would require a halala to get back his wife).
 This then became an "IJMA'A" and therefore binding for the rest of the Muslims to follow.
All four sections Mazdaheb Imams agree with that and nobody questions.
 However those who do not follow ANY IMAM and call themselves Ahl-e-Hadeeth or Ghair Muqallid
غیر مقلّدThey say that this interpretation was done by Umar and they do not follow him or any imam so they go back to the prophet's decision which makes it easy for the persons to declare three talaqs and still have the option for Rujooa رجوعavailable to them. 
 So let me take up this question and cite examples of the prophet SAWS
 One hadeeth is that of 'Rukanah'(Briefly)
Rukana Bin Yazeed RA narrates that he divorced his wife Suhaima with Tallaqa al-Battata  --طلقہ البتّتہ 
 and then told the prophet who asked him to swear upon Allah that he actually meant only one talaq and he said yes by God I meant only one and that was treated as Baa-in and the prophet gave him permission to re marry without Halala.
In those days this "al-Battata" was used in place of three talaqs or talaq Baa-in and therefore the prophet allowed it as Baain, after making sure the person did not mean three talaqs.
 Next is hadeeth of Uwaimer  Al-Ajlani عویمر العجلانی رضی اللہ عنہ
Briefly; This man made "Liaan"  -لعان-with his wife and before the prophet told him anything he pronounced three talaqs to his wife in the presence of the prophet and he accepted it as final irrevocable talaq .
 Another hadeeth (from Saheeh Bokhari quoted in Maarif-ul-Qur'an page 563 Ist vol.) Ayesha RA reports that "A man pronounced three talaqs to one woman who then afterwards married another man who also divorced her. Now would her previous husband make the matrimonial bond with her again?
 The prophet said NO, not unless it is made sure that the second husband has been in bed with her.
I have given these examples for you to make your judgment. One more hadeeth I quote from Nawawi's forty hadeeth (this is #28)
 From Ibn Sariya RA "...........We said O messanger of Allah it is as though this is farewell sermon so counsel us, he said; I counsel you to fear Allah and to give absolute obedience even if a slave becomes your leader. Verily he among you who lives long, will see great controversy, so you keep to my sunnah and to the sunnah of the rightly guided Khulafa clinging to them stubbornly............."
 That is the reason why when Umar RA makes a decision AND ALL AGREE with him it is considered as good as Sunnah of the prophet. After all-- and mark this point-- He was not making his "own" decision (some have sort of accused him)but a decision based on the precedence of the prophet's decisions and the well-known companions were still there who had known such decisions of the prophet SAWS and that is why that was NOT considered something new being introduced by Umar RA 
 Now I am ready to make my final discussion on this subject .

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Jum'ah Journal--Three Talaq

Ibn Umar RA narrated:
Rasool-ul-Allah SAWS said,
"Among the halal things the most despised by God is divorce" Abu Dawood and Ibn Majah, considered it saheeh.
I have hesitated writing about this for a long time and on the other hand I have wanted to write about it for a long time. Yes, I come across this subject every now and again and always I find that we are always making mistakes because of lack of knowledge about this subject.
 Generally speaking, the notion exists that a Muslim man should say three talaqs when divorcing his wife and this is utterly wrong.
  From Mahmood Ibn Labeed RA, who said:Rasool-ul-Allah was informed that someone divorced his wife saying three times Talaq in one sitting. He got furious and stood up to say--Are people playing with the Book of Allah while I am still alive amongst you?--On that one man stood up and said--Shall I not kill him Ya Rasool-ul-Allah ?
Well I will be writing more about this before I write the Hadeeth that advises the proper way of divorcing (one time and three times)
 From the above hadeeth of Ibn Labeed, it looks like that it is haram (prohibited) to say three times divorce in one sitting. However here it does not indictae whether this was considered ONE talaq or was considered three talaq about which the Qur'an Says

"A divorce is permissible only twice; after that the parties should either hold together on equitable terms or separate with kindness; It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah..........." (Aya 229
"So, if a husband divorces his wife (Irrevocably; that is third time),He cannot after that remarry her until after she married another husband and he divorced her.   .........." (Aya 230--of sura Baqara)

This is the "three talaq" which is allowed by Allah (though not liked) that is one and remarry her, then second and remarry her and THEN the third time pronouncing the final or irrevocable talaq after which you cannot remarry her
So pronouncing three talaqs in one sitting is disapproved but ACCEPTED as the final irrevocable talaq which makes a husband and wife to get married for the fourth time ONLY IF that wife has been married and divorced by ANOTHER HUSBAND. (Or if he dies) This is called "halala" and is very much despised, not allowed if that is "arranged" by the man for his 4th time. 

  This particular question was admirably dealt with in the old Indian Movie called "Nikah"
 There are two positions about the three talaqs pronounced in one sitting, one of which is accepted as correct the other as not correct according to ( my thinking) ALL FOUR IMAMS as well as many well-known Sahaba and their followers and the followers of the followers.
 Those who call themselves "ahl-hadeeth" or call themselves Ghair muqallad" (Not following ANY IMAM) consider it wrong to accept the three talaqs as final irrevocable talaq necessitating a halala but are of the opinion that such 'three talaqs" pronounced in one sitting equal to only one talaq.(I guess that is the reason for that erroneous notion among Muslims)
. Let me first state the position of all four Imams which is based on sunnah and Ijama'a. How that Ijam'a came into being requires another note so will write next time insha-Allah. I am hoping that so far what has been written is clearly understandable but would answer any questions 

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