THE MODE OF BAY’T

The bay’t is enacted by the Shaikh taking into his right hand the right hand of the mureed (disciple). If the group contracting the bay’t is large, the Shaikh uses a length of cloth onto which each member of the group holds with his right hand. Ladies who contract the bay’t do so from behind a screen. A mahram of the lady should also be present at the bay’t ceremony. Hadhrat Aishah (radhiyallahu anha) said:

“Rasulullah (Salla Allahu ta’ala’alayhi wa sallam) never touched the palm of a woman, but he would make the (pledge-bay’t) upon her. Upon having made the bay’t he would say. ‘Go! Verify, I have already made bay’t with you.’ ” (Bukhari, Muslim, Abu-Dawood)

It is for this reason that in entering ladies into the bay’t, the Masha-ikh do so verbally or by means of a cloth which is spread from the Shaikh to the lady behind the screen. This is the method of bay’t when in the presence of the Shaikh. Those who are not able to present themselves personally to the Shaikh could contract the bay’t by means of a letter or through the agency of a responsible and trustworthy person. This form of bay’t is called bay’t-e-Uthmani. Rasulullah (Salla Allahu ta’ala’alayhi wa sallam) on the occasion of bay’t-e-Ridhwan made the bay’t of Hadhrat Uthmaan in his (Uthmaan Radi Allahu anhu’s) absence. On this occasion, Rasulullah (Salla Allahu ta’ala’alayhi wa sallam) placed his right hand on his left hand and announced that he has made bay’t of Uthmaan (Radi Allahu anhu). (The bay’t in absence of the mureed is therefore termed bay’t-e-Uthmaani,)

Bay’t (Mutual Pledge)

Bay’t is a mutual pledge relating to the striving, arranging, executing and adhering to the laws of A’male Zahiri and A’male Batini. This pledge is called Bay’t-e-Tareeqat which has been in vogue by authoritative transmission from generation to generation from the earliest time of Islam.

Rasulullah (Salla Allahu ta’ala’alayhi wa sallam) had enacted bay’t of the Sahaabah not only on Jihad, but on Islam and the adherence of the Ahkam (Laws in general) as well on practical deeds (A’mal). This is established by numerous Ahadith. The following hadith is one such Hadith:

“Auf Ibn Maalik Ash-ja-ee (radhiyallahu anhu) said: We were with Nabi (Salla Allahu ta’ala’alayhi wa sallam), seven, eight or nine (of us), when he (Salla Allahu ta’ala’alayhi wa sallam) said:

‘Will you not make bay’t (pledge) to the Rasul (Salla Allahu ta’ala’alayhi wa sallam) of Allah (Azzawajal) ?’

We stretched our hands and enquired: On what shall we make bay’t to you, O Rasul (Salla Allahu ta’ala’alayhi wa sallam) of Allah (Azzawajal)? He said:

‘That you make the Ibaadat of Allah (Azzawajal); that you associate nothing with Him; that you perform the five Salaat; that you hear and obey.” (Muslim, Abu Dawood, Nisai)

On this occasion the bay’t which Rasulullah (Salla Allahu ta’ala’alayhi wa sallam) took from the Sahaabah was neither Bay’t Imaani (Pledge of Imaan) nor Bay’t Jihaadi (Pledge to wage Jihad). This Hadith is categoric proof for the validity of the system of bay’t in vogue by the Masha-ikh of Tasawwuf. Like there are four Math-habs (Schools of Thought) in Fiqh, viz. Hanafi, Shafi, Maaliki and Hambali, so too are there four schools of thought in Tasawwuf, viz., Chishtiyya, Qaderiyyah, Naqshabandiyyah and Suharwardiyyah. Like the Hanafi Way is dominant in this area (India and Pakistan), the Chistiyyah Way too is dominant here. Our akabir (authorities in Tasawwuf) enter into (bay’t) in all the four Schools of Thought (Silsilah) so that respect for the four Silsilah is maintained although Chishtiyyat is dominant .

The founder of the Chishtiyyah Silsilah is Hadhrat Khwajah Mueenuddin Chishti Ajmeri (rahmatullah alayh); founder of the Qaderiyyah Order is Hadhrat Shaikh Abdul Qadir Jilani (rahmatullah alayh); founder of the Naqshabandiyyah Order is Hadhrat Shaikh Bahauddin Naqshabuddin (rahmatullah alayh); and the founder of the Suharwardiyyah Silsilah is Hadhrat Shaikh Shahabuddin Suharwardiyyah (rahmatullah alayh).

Females unlawful for marriage

The females prohibited for marriage are the following. The Holy Quraan says: (4:23): “Forbidden to you are your

1. mothers,
2. and your daughters,
3. and your sisters,
4. and your paternal aunts,
5. and your maternal aunts,
6. and your brother’s daughters,
7. and sister’s daughters,
8. and your mothers that have suckled you,
9. and sister’s daughters,
10. and mothers of your wives,
11. and your step daughters who are in your guardianship born of your wives to whom you have gone in, but if you have not gone into them, there is no blame on you,
12. and the wives of your sons who are of your loins,
13. and that you shall not have two sisters together except what has already passed,
14. and all married women except those whom your right hand possess.”

Islam allowed a man or a girl to select his or her mate after sights and glances and not beyond that. This instruction is neglected in Muslim societies generally in India, following strict notion of Pardah. Guardians should arrange for a sight ceremony so that the bridal parties may not repent afterwards.

According to Imam-e-A’zam Abu Hanifa (alaihir rahmah), it is lawful to have a sight of the bride and bridegroom before marriage.

Sayyidah Ayesha (radi Allahu anha) reported that Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said: “Whoso female gets herself married without permission of her guardian, her marriage is void, her marriage is void, her marriage is void. If he had intercourse with her, there is dowry for her on account of her private parts having been made lawful. If they dispute, then the King is the guardian for those who have got no guardian”. (Abu Da’ood)

In a contract of marriage, two witnesses at least are essential. Sayyiduna Ibn-e-Abbas (radi Allahu anhu) reported that the Beloved Habeeb (sallal laahu alaihi wasallam) said: “The fornicators are those who marry by themselves without witnesses”. (Tirmidi)

Dower

Dower is a consideration of the contract of marriage. It is essential to the validity of a marriage. The Holy Quraan says: “O Prophet (sallal laahu alaihi wasallam)! Surely We have made lawful to you your wives whom you have given their dowries”. (33:50) Another verse says: “And there is no blame on you to marry them whom you give them their dowries”. (60:10)

Dower is an essential part of marriage but it is not invalid if it is not paid or contracted before marriage. The Holy Quraan says: “There is no blame on you if you divorce women when you have not touched them, or appointed for them a dower.” (2:23) The Holy Quraan also says: “And your women – give their dowries as a gift, but they of themselves be pleased to give up to you a portion of it, them eat it with enjoyment and pleasure.” (4:4) Islam has prescribed dower as a great check for free use of husband’s oppression.

Amount of Dower

The Holy Quraan has laid down no hard and fast rule about the amount of dower. It is to be adjudged according to the social position of the parties, their wealth, their personal qualifications, and conditions of the human society. The Holy Quraan says: “One wealthy according to his means and one straitened in circumstances according to his means”. (2:236)

The dower of Sayyidah Umm-e-Habibah (radi Allahu anha) in marriage with the Glorious Prophet of Islam (sallal laahu alaihi wasallam) was fixed at 4000 Dirhams. Dowry of Holy Prophet’s (sallal laahu alaihi wasallam) daughters was nearly 500 Dirhams for each. Dowry may be increased or decreased after marriage by mutual agreement. (4:24)

The Jurists divided dowry into two portions: one payable o demand called Mehr-e-Mu’ajjal, and another payable at death or dissolution of marriage by divorce called Mehr-e-Muajjal. Where no dower has been fixed, it is to be adjudged according to the amount settled in one’s family and the condition of the husband. After consummation, the wife becomes entitled to full dower, and before consummation only half, or a mere present in case of separation before consummation.

Marriage Feast

Walima is a feast arranged on the occasion of marriage. The husband should invariably give the feast.

Sayyiduna Anas (radi Allahu anhu) reported that the Messenger of Allah (sallal laahu alaihi wasallam) noticed a sign of yellow colour on Abdur Rahman Bin Awf (radi Allahu anhu). He asked: “What is this?” He replied: “I have married a woman for a measure of 5 Dirhams of gold”. He said: “May Allah bless you. Give a feast even though with a goat.” (Agreed) Same reported that Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) did never feed for any of his wives what he fed for Sayyidah Zainab (radi Allahu anha). He gave feast (for her marriage) with a goat. (Agreed)

Sayyiduna Abdullah Bin Omar (radi Allahu anhuma) reported that the Holy Prophet (sallal laahu alaihi wasallam) said: “Whenever one of you is invited to a feast of marriage, attend it”. (Agreed)

Sayyiduna Abu Hurayra (radi Allahu anhu) reported that the Glorious Prophet of Allah (sallal laahu alaihi wasallam) said: “The worst of feasts is a feast of marriage where the rich are invited and the poor are left. Whoso does not attend the invitation, disobeys Allah and His Prophet (sallal laahu alaihi wasallam)”. (Agreed)

Sexual Intercourse

The following rules of sexual intercourse should be observed:

1. Before actual coition, hold conversation of sexual love and give caresses and kisses. Play and toy in order to rouse sexual organs for easy cohabitation.
2. Before the act is begun, recite the following: “In the Name of Allah, the Almighty and the Great, Allah is Greatest. O Allah! Protect us from the devil. And keep the devil aloof from what You have provided us.”
3. Don’t turn the face towards the West.
4. At the time when semen runs out, think of this verse: “All praise is for Allah Who created man from water. Then He made for him blood and marriage relationship.” (25: 54)
5. Don’t let out your semen very soon at least before the ovary of your wife comes out. This is made much easier when kisses and caresses and other tactful ways rouse wife’s passions.
6. Try to enter semen into uterus and don’t throw it outside without any excuse.
7. Before your second coition, sexual organs must first be cleaned and washed.
8. Ablution should be made after coition.
9. Coition should be avoided as far as possible in the nights of the new moon, full moon and at the end of the lunar month.
10. Sexual intercourse is desirable when the husband and the wife both show inclination for it, and no forcible coition should take place. When a man calls his wife to bed and she declines, Angels curse her and Almighty Allah remains displeased with her.
11. Coition must always be made with the male organ and the female vaginal canal and never through the rectum.

On the following occasions, sexual intercourse is unlawful:

1. Intercourse during continuance of the menses of the wife. The Holy Quraan says: “They ask you about menstruation. Say, it is a little harmful.” Therefore, keep aloof from women during their menstrual discharge and do not go near them until they are clean.
2. After childbirth till the stoppage of blood nearly up to the 40^th day.
3. During the hours of fasting from the appearance of whiteness till the setting of the sun. Intercourse during night is not prohibited even during the fasting month.
4. Unnatural intercourse either with male or with an animal is unlawful.

If a man promises not to go unto his wife for four months, and if in the meantime, he does not have sexual intercourse with her, the wife will be considered as divorced if not taken in the mean time.

ADOPTION

Adoption is forbidden in Islam is most certain. In verses 4 and 5 of Surah 33, entitled “Al-Ahzab” or “The Clans” we read what may be rendered in translation as follows: “nor has He made your wives whom you declare (to be your mothers) your mothers, nor has He made those whom you claim (to be your sons) your sons. This is but a saying of your mouths. But Allah says the truth and He shows the way. Proclaim their real parentage. That will be more equitable in the sight of Allah. And if you know not their fathers, then they are your brethren in the faith, and your clients. And there is no sin for you in the mistakes that you make unintentionally, but what your hearts purpose (that will be a sin for you). Allah is Forgiving, Merciful”. (33: 4-5)

This is a clear statement of prohibition. When Almighty Allah says that He has not made a particular relationship in a certain fashion, He means that He disapproves of that fashion. When Almighty Allah disapproves something, He forbids it.

This is not to say that a Muslim family may not raise an orphan child or that a woman may not bring up her sister’s children or a man may not look after his brother’s infants. Indeed, such an action is highly rewarded by Almighty Allah. What is more important is to keep the relationship clear and according to the fact. The children must be called after their own parents.

We have also the Holy Prophet’s (sallal laahu alaihi wasallam) Sunnah to confirm this prohibition. The Holy Prophet (sallal laahu alaihi wasallam) had adopted Sayyiduna Zaid Bin Haritha (radi Allahu anhu) as his son before the advent of Islam. Sayyiduna Zaid (radi Allahu anhu) was known from that moment as “Zaid Bin Muhammad”. However when this Quraanic verse was revealed, Zaid (radi Allahu anhu) was called after his own father, Haritha. The Holy Prophet (sallal laahu alaihi wasallam) continued to love Sayyiduna Zaid (radi Allahu anhu) and his children, especially Sayyiduna Usamah (radi Allahu anhu), very dearly.

The question of leaving one’s property by Will to one’s adopted child is truly a separate matter. Islam established a system of inheritance, which is very detailed and fair to all. This system is an essential part of the overall Islamic economic system that ensures the division of property generation after generation. It takes into account the fact that according to Islam, a person is “put in charge” of his property, which belongs to Almighty Allah. Therefore, it is Almighty Allah Who decides how property is divided after death.

If someone raises an orphan child, he can leave a portion of his property by Will. Every person is allowed to bequeath by Will up to one-third of his property, but the beneficiaries of his Will cannot include any of his heirs.

INTERDICTION AGAINST ABOMINABLE

It is narrated on the authority of Sayyiduna Abu Sa’eed (radi Allahu anhu) that Sayyiduna Rasoolullah (sallal laahu alaihi wasallam) said: “He who amongst you sees something abominable should modify it with the help of his hand; and if he has not strength enough to do it, then he should do it with his tongue; and if he has not strength enough to do it (even) then he should (abhor it) from his heart, and that is the least of faith.” (Muslim)

This Hadith throws a good deal of light on how the society is to be kept safe and secure from evil and corruption. It has been made an obligatory act for every Muslim to see carefully that the moral health of the community does not deteriorate, and whenever there is any sign of decadence in any quarter it should be checked with determination. Islam does not allow its followers to lead the life a silent spectator in the world; it has made them duty-bound to eradicate evil, since once it is allowed to creep into the society, it corrodes it and the whole social structure crumbles down. It has, therefore, been enjoined upon the believers to take effective measures to fight against it. Those who have power enough to check it with force must do so, while others by means of preaching and persuasion should try to sweep it out of effective existence, but if the circumstances become so adverse that even this becomes impossible, then we should at least keep our conscience alive to the fact that it is an evil and should be strongly abhorred, and wait for a suitable opportunity to drive it out completely.

It must be made clear in this connection that the commentators of the Hadith are of the view that forbidding with the help of hand implies the power of the State. That it is the duty of the State and society to check the evil in all its forms and shapes and in case of necessity even the strictest measures may be adopted.

Imam Nawawi (alaihir rahmah) says there is a consensus of opinion that this act of bidding the people to do good and forbidding them to do wrong is obligatory on believers.

The Blessed Month of Ramadan al-Kareem Mubarak!!

Hadrat Sayyiduna Abu Hurairah Radi Allahu Ta’ala Anhu reported that the Messenger of Allah (SallAllahu Alaihi wa Sallam) has said,

 

إذا دخل رمضان فتحت أبواب السماء (وفي رواية) فتحت أبواب الجنة وغلقت أبواب النار وسلسلت الشياطين (وفي رواية) فتحت أبواب الرحمة

“When Ramadan begins, the doors of heaven are opened.” A version has, “the doors of Paradise are opened and the doors of Hell are closed, and the Satans are tied with chains.” Another version has, “the doors of Mercy are opened.” [Sahih al-Bukhari, Vol. 1, Page 255 and Sahih al-Muslim, Vol. 1, Page 346]

 

Hadrat Shaykh ‘Abd al-Haq Muhaddith-e-Dehlwi Alaihir raHmah comments:

 

The meaning of the “Doors of heaven” being opened is the continuous descending of mercy, and the ascension of good deeds to the Court of the Almighty without any obstacle (preventing it from ascending). It also means the acceptance of (permissible) supplications. The meaning of the “doors of Paradise” being opened is being encouraged and granted the ability to perform good deeds, and the acceptance of these good deeds. The meaning of the “doors of Hell” being closed is the protection of the souls of those who fast, from things which have been forbidden by the Islamic Law, and rescue from the things which provoke a person on doing bad deeds. It also means to break the desire which the heart has of things of lust. The meaning of Satan being tied with chains is the sealing off of all the ways by which evil whispers enter the mind. [Ashi’ah al-Lam’at]

 

2. Hadrat Abu Hurairah Radi Allahu Ta’ala Anhu reported that the Messenger of Allah (SallAllahu Alaihi wa Sallam) has said,

 

من صام رمضان إيمانا واحتسابا غفر له ما تقدم من ذنبه ومن قام رمضان إيمانا واحتسابا غفر له ما تقدم من ذنبه ومن قام ليلة القدر إيمانا واحتسابا غفر له ما تقدم من ذنبه

“Whoever fasts during Ramadan with faith and seeking his reward (from Allah SubHanuhu wa Ta’ala) all his past sins will be forgiven. Whoever prays during the night in Ramadan with faith seeking his reward (from Allah SubHanuhu wa Ta’ala) all his past sins will be forgiven. And whoever passes Lailat-ul-Qadr in prayer with faith and seeking his reward (from Allah SubHanuhu wa Ta’ala) all his past sins will be forgiven.” [Sahih al-Bukhari Vol. 1, Page 255 and Sahih al-Muslim, Vol. 1, Page 259]

3. Hadrat Abu Hurairah Radi Allahu Ta’ala Anhu reported that the Messenger of Allah (SallAllahu Alaihi wa Sallam) has said,

 

إذا كان أول ليلة من شهر رمضان صفدت الشياطين ومردة الجن وغلقت أبواب النار فلم يفتح منها باب وفتحت أبواب الجنة فلم يغلق منها باب وينادى مناد يا باغى الخير أقبل ويا باغى الشر أقصر ولله عتقاء من النار وذلك كل ليلة

“When the first night of Ramadan comes, the satans and the rebellious Jinn are chained, the doors of hell are closed and not one of them is opened (during the entire the month of Ramadan); the doors of Paradise are opened and none of them are closed (for the entire month of Ramadan); and a crier calls, ‘Those who desire what is good, come forward, and those who desire evil refrain from it’, and many people are freed from Hell by Allah SubHanuhu wa Ta’ala, and that happens every night.” [Tirmidhi, Vol. 1, Page 153 and Ibn Maajah, Vol. 1, Page 118]

4. Hadrat Abu Hurairah Radi Allahu Ta’ala Anhu reported that the Messenger of Allah (SallAllahu Alaihi wa Sallam) has said,

 

أتاكم رمضان شهر مبارك فرض الله عز وجل عليكم صيامه تفتح فيه أبواب السماء وتغلق فيه أبواب الجحيم وتغل فيه مردة الشياطين لله فيه ليلة خير من ألف شهر من حرم خيرها فقد حرم

“Ramadan, a blessed month, has come to you during which Allah SubHanuhu wa Ta’ala has made it obligatory for you to fast. In it the doors of Heaven are opened, the doors of Hell are closed, and the rebellious satans are chained. In it there is a night (worshiping in it) which is better than (worshiping for) a thousand months. Whoever is deprived of its good (and blessing) has indeed been deprived of all good.” [Nasa’i, Vol. 1, Page 299 and Mishkat, Vol. 1, Page 173]