ISLAMIC LAW AND TRADITION OF DOWRY AND RECOVERY THROUGH FAMILY COURTS

ISLAMIC LAW AND TRADITION OF DOWRY

AND RECOVERY THROUGH FAMILY COURTS

By

Mian Zafar Iqbal Kalanauri,

Advocate Supreme Court of Pakistan

       A dowry is a gift given by the bride's family to the groom and the newly formed household at the time of their marriage. Historically most societies have had bides go to their husband's families, and often women could not legally own property. The husband would be primarily responsible for the economic prosperity of the household, while women would care for children and the household needs. When a woman or girl married into a family that was agricultural, she often was welcomed as another worker. In families that were more prestigious, however, she may have been viewed as another mouth to feed. and the dowry was an important sign of her gratitude for becoming a member of her husband's family. The earliest dowries were usually land entitlements, but later were attached to sentimental and decorative items as well as various commodities and even later to money.

       In the first era of Islam marriage was a simple affair, without pomp or ceremony. Any expenditure incurred in its performance was quite minimal, and not a burden on either family. Indeed, the Prophet stated: 'the most blessed marriage is one in which the marriage partners place the least burden on each other.' Nowadays, much difficulty and hardship can be caused by the setting and giving of dowries, bride-prices and mahr - not to mention enormous wedding feasts and celebrations in some cultures which bring a most unreasonable financial burden on the families concerned. Financially crippling celebrations are totally in opposition to the spirit of Islam, and are not necessary. They are purely a matter of the culture of certain regions. No Muslim should feel obliged to continue these un-Islamic traditions, or be embarrassed about breaking with their old cultural traditions.

       The custom of giving dowry (jahez) is not part of Islam, although it actually seems to be on the increase among several Muslim cultures, notably those of Indian, Pakistani and Bangladeshi origin, even when they have settled in the UK or USA. In fact, it is a practice which has never been sanctioned by Islam and is not prevalent amongst Muslims of other cultures. It seems to be in imitation of ancient Hindu culture in which daughters were not given any share in the family property, but were given payments, part of which might be in the form of household goods, as a measure of compensation. Islam granted daughters a rightful share in their family property and inheritance.

       A 'bride-price' is either an amount of money, goods or possessions given to the bride by the bride's family at the time of her marriage, in order to attract a good husband for her. It would in effect become the property of the husband or his family upon his marrying her. This is a totally un-Islamic practice. In Islam, women are not 'owned' by their families and should not be 'traded with' in this manner. It is an insulting practice. An amount of money demanded from the bridegroom or his family by the bride or her family, usually the bride's father, without which the daughter will not be given in marriage. In the ‘jahiliyyah' society before Islam, this money was regarded as the property of the girl's guardian.

       The matters of fathers giving the bride gifts of money or property, or paying for an enormous wedding feast, or providing a home, or setting her up in her home with furniture and household effects are left to the discretion of the people involved in Islam. The Prophet himself saw to the marriages of his four daughters. He gave his daughter Fatimah various gifts when she married Ali b. Abu Talib, but there is no record of his having given anything to his other daughters on the occasion of their marriages. Had such gifts been a recommended Sunnah, he would surely have given the others gifts as well. Moreover, the gifts given to Fatimah were extremely modest household articles. The Prophet gave Abu Bakr some money and asked him to accompany Bilal and Salman, (or Ammar Ibn Yasir) to buy some household necessities for Fatima's house. The Prophet said to Abu Bakr: "Buy some appropriate household necessities for my daughter with this money." Abu Bakr said: "He gave sixty-three (63) dirhams, so we went to the market and bought the following:

1.    Two mattresses made of Egyptian canvas (One stuffed with fiber and the other with sheep wool) 2. A leather mat 3. A pillow made of skin, filled with palm tree fiber 4. A Khaibarion cloak 05 An animal skin for water 6. Some jugs and jars also for water 7. A pitcher painted with tar 8. A thin curtain made of wool 9. A shirt costing seven dirhams 10. A veil costing four dirhams 11. Black plush cloak 12. A bed embellished with ribbon 13. Four cushions made of skin imported from Ta 'ef stuffed with a good smelling plant 14. A mat from Hajar 15. A hand- mill 16. A special copper container used for dyestuff 17. A pestle for grinding coffee 18. A (water) skin.

       When Abu Bakr and the other companions had bought the above-mentioned articles, they carried them to Um Salama's house. When the Prophet saw them, he started kissing every article and supplicated to Allah, saying: "0 Allah, bless them! For they are people who the majority of their belongings are made of natural materials."

       A woman holds a very high status in the Islamic faith. She is honoured and respected at all times, but many startling transgressions have crept into Islamic practice. These transgressions have been caused by cultural influence that has no basis in Islamic scripture. Muslims living in the Indian subcontinent have slowly incorporated the act of dowry into their lives. Dowry originated in the upper caste Hindu communities as a wedding gift (cash or valuables) from the bride's family to the groom's family. There is nothing strange or unique about a culture influencing Muslim practice, as it is a common characteristic around the globe that when a new religion spreads in an area, people who live in that area retain some of the customs and traditions which they have been practicing for centuries. There is nothing wrong with this as long as those practices do not contradict Islamic law. The practice of dowry, however, does in fact transgress Islamic law.

       We usually use the word gift for something, which we give voluntarily, to a person we like. A gift is something that strengthens the friendship bond between two people. Dowry, which is usually defined as a "gift" given along with the bride, by a bride's family to the bridegroom, is used as a tool of coercion and greed in societies like Pakistan. The bride's family must give this "gift" or the marriage will not take place. Always the price of the dowry is set higher than the bride's family can afford and sadly, this results in the bride becoming burden on her family. The bride's family then struggles to pay the "gift".

       In Islam it is the man who pays the Mahr (dower) to the woman. The verses in the Qur'an prove that it is the man who is obligated to pay the Mahr (dower) to the woman unless the woman chooses not to take it.2

       Cultures that demand dowry from the bride's family are actually practicing the opposite of what Allah has commanded. They have reversed Allah's words in their practice. The bride is forced to pay a negotiated amount to the groom unless the man chooses not to take it. When the woman brings less than the negotiated amount, she has to endure constant torture from her in-laws after marriage. When the husband or in-laws are not satisfied with the dowry brought by the bride, they even go to the extent of killing the woman after marriage. The most severe among all the dowry abuse is "bride burning". The parties engaged in the murder usually report the case as an accident or suicide.

       Dowry abuse is rising in Pakistan despite a Dowry and Bridal Gifts (Restrictions) Act 1976. Many women remain unmarried due to this dowry. Another common practice is that people `exchange' their sons. In other words, they give a bridegroom (mostly their son) to a girl to be married in exchange for a bridegroom from the girl's family (the bride-to-be's brother or any unmarried male relative) so that they can have their daughters married without dowry. This places an incredible disadvantage on the parents who have daughters and no sons. The parents of daughters having to give money to get their daughters married!

       It is a sad irony that women (mostly mothers-in-law) are oppressive towards other women (daughters-in-law). Mostly, mothers-in-law-to-be are the ones who demand dowry from the bride's family and who end up torturing the daughter-in-law after marriage if she brings less than the negotiated amount. So in an effort to respect parents and to conform to cultural norms, Muslim youth in Pakistan are bending over backwards to follow traditions that aren't even rooted in Islam. Demanding dowry and getting married may seem valid in the eyes of many, but will the marriage be validated in the eyes of Allah?

       Dowry is purely a matter of culture. One should not feel obliged to continue these un-Islamic traditions. If a culture contains un-Islamic aspects, then one should not feel any shame to break the culture's traditional practices. The practice of dowry has caused Muslims in many parts of the world to continue their prejudices against women despite the Islamic prohibitions against it. In Pakistan, a woman is considered to be a great burden mainly because of the dowry system. Here, it is common to see people rejoicing over the birth of a son and lamenting over the birth of daughter. In Pakistan, the reason why people prefer male children over female children is mainly due to cultural practices such as dowry. Why aren't people listening to the message of Islam instead of following the customs of others around them?

       Allah has given us warning of this in the Qur'an. Allah tells us that infanticide is a grave sin and that favouring one gender over the other has no grounds in Islam. When news is brought to one of them, of (the Birth of) a female (child), his face darkens and he is filled with inward grief! With shame does he hide himself from his people because of the bad news he has had! Shall he retain her on (sufferance) and contempt, or bury her in the dust? Ah! What an evil (choice) they decide on?3

       As Muslims, we should consider the birth of daughters to be a great blessing. In addition to the Qur'an, the Hadiths also carry the message to value women.

       Malik reported Allah's Messenger (may peace be upon him) as saying: He, who brought up two girls properly till they grew up, he and I would come (together) (very closely) on the Day of Resurrection, and he interlaced his fingers (for explaining the point of nearness between him and that person).4

            Narrated Aisha: (the wife of the Prophet) A lady along with her two daughters came to me asking me (for some alms), but she found nothing with me except one date which I gave to her and she divided it between her two daughters, and then she got up and went away. Then the Prophet came in and I informed him about this story. He said, "Whoever is in charge of (put to test by) these daughters and treats them generously, then they will act as a shield for him from the (Hell) Fire."5

       Islam stresses fairness and kindness. Islam ensures that boys and girls are treated equally. Discrimination between children because of their gender is not advocated in Islam. It is so unfortunate to see people submitting themselves to the dictates of culture rather than the will of Allah, who is our Creator, Cherisher and Sustainer.

Let us not succumb to the 'Milli' caused by culture and let us stand firm in practicing Islam by enjoining what is right and forbidding what is wrong!6 In Islam, the dowry or the mahr, is clearly stated as an obligation by the groom to his bride in the Quran. Allah says in the Quran. "And give the women their Mahr as a free gift...7 Islam also guarantees the bride has the right to keep the dowry in any event."But if you had given the latter a cantar for dower (mahr) take not the least of it back...8

       Prophet Muhammad's (p.b.u.h.) in Last Sermon

       “……….0 People, it is true that you have certain rights with regard to your women, but they also have right over you. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers. And it is your right that they do not make friends with any one of whom you do not approve, as well as never to commit adultery…….9

       Nothing could be more un-Islamic than ostentation. It is ridiculous to attempt to justify flamboyant displays of wealth in lavish gifts or feastings by citing the Prophet's extremely modest gifts to Fatimah. As soon as a daughter is born, the family in general and the father in particular starts calculating the huge financial burden that lies ahead of him. Whereas a Muslim father seizes, the same opportunity with both his hands as his Prophet (pbuh) has promised him heaven or paradise for bringing up his daughter the way he takes care of his male child. A Muslim father does not have to bother for dowry, as there is nothing called 'Dowry' in Islam. On the contrary, Islam enjoins the groom to give a 'Bridal-Gift' or 'Dower' as a token of love and assurance to his would be wife at the time of marriage. In fact without payment of this sum, the marriage cannot get solemnized. The Holy Qur'an instructs the believers "And give the women (whom you marry) their dower (obligatory bridal gift) happily" (4:4)

       Whatever the reasons, Islam does not approve of the dowry being a condition for marriage. It may be said that this is what is done in Pakistan. A dower is agreed between the two parties, but then it is forgone by the wife at a later stage. The fact is that the dower is treated as an awkward technicality. It is mentioned in the marriage contract but on the wedding night, the bride is taught by her family that she must tell the bridegroom that she has forgone every part of it. In other words, she is not doing it out of her own free will. She has no choice in the matter. The bridegroom expects that she would do that. If she does not do it, there may be trouble within the family, especially if the figure named is high. Perhaps neither the bride nor the bridegroom knows why they have to go through this process of naming a figure and forgoing its payment. Islam provides for a dower to be paid as a compensation for the woman in return for the obligation marriage imposes on her to be a good bed fellow to her husband. In other words, she is giving out of herself something to her husband, in consideration of which she is entitled to receive an amount of money in cash or kind, which she deems to be appropriate. Therefore, a woman's right to a dower is not lost unless she herself relinquishes it. For this reason, if the dower is not specified in the marriage contract, the woman does not lose her claim to it. She may ask her husband to give her something, which she deems to be satisfactory. If they can agree on a figure, then the same can be written in the form of an agreement, which will specify an amount, which is normally given to a bride in her social status.

       It is now clear that the dower payable by the bridegroom is the one, which Islam requires in marriage. The dowry system is merely a tradition in certain societies. We cannot say to a man who wants to see his daughter married and, therefore, gives her suitor a dowry that he has done something forbidden. We simply say to him that this is not the way Islamic marriage is arranged. It does not affect the validity of the marriage. Nor is it forbidden for the bridegroom to accept the gifts given to him by his father-in-law. But we should try to explain to the community that the dowry system impedes marriage and is not sanctioned by Islam. When people are aware of the tradition of the dowry may weaken within the Muslim community and it may give way to the proper Islamic tradition.

       But despite all this the custom of dowry is prevalent in our society and there are certain presumptions regarding the dowry articles which are as under:

a.     On occasion of the marriage some bridal gifts and dowry articles are given by the parents of the bride and presents are also given by the family of bridegroom;

b.    The amount of dowry articles given by the family of the bride depends upon their economic conditions and status; which in any case is much more than rupees five thousand which is the restriction imposed in the Dowry and Bridal Gifts Restriction Act;

c      The list of dowry articles is not prepared/maintained and signed by the parties at the time of marriage as this is considered to be a bad omen;

d.    In case of dispute between the husband and wife, when the wife leaves the house of the husband as a result of conflict she is not allowed to take with her the dowry articles (except from jewelry in some cases) which remain at the house of the husband.

e.     As per Islamic law and section 5.of the Dowry and Bridal Gifts (Restriction) Act,1976 the dowry and bridal gifts are the property of wife.10

       Under Section 3 of the Dowry and Bridal Gifts (Restriction) Act 1976 the maximum ceiling of five thousand has been given regarding the aggregate value of the dowry and presents given to the bride by her parents.11 "This act provides the penalty of imprisonment which may extend to six months or with fine which shall not be less than the amount proved to have been spent in excess of maximum limit laid down in the Act under Section 9, on a complaint filed against violation of the act under Section 8-A of the Act to the Deputy Commissioner. 12.The rule 4 of  the Dowry and Bridal Gifts (Restriction) Rules, 1976 framed in exercise of the powers conferred by Section 10 of the Dowry and Bridal Gifts (Restriction) Act, 1976 13 provide for preparation of lists of dowry and presents given or received in connection with the marriage which shall be furnished by the parents of the bride in Form D-1 and lists of bridal gifts and presents given or received in connection with the marriage shall be furnished by parents of the bridegroom in Form D-2. In practice however at the time of marriage no such lists are prepared. As per Section 5 of the Dowry and Bridal Gifts (Restriction) Act, 1976 or property given as dowry and bridal gifts and all property given to the bride as presents shall vest absolutely in the bride.

       It is the consistent view of the superior courts that articles of dowry, bridal gifts, presents and all other properties are the belonging of bride and the husband if deprives her of the same, she has the right to recover all these articles even though the same were given in contradiction of the provisions of Section 3 of the Dowry and Bridal Gifts (Restriction) Act, 1976. 14It is to be noted that the marriages are registered under Section 5 of the Muslim Family Laws Ordinance 196115 and in the form of ‘Nikahnama' prescribed by Rule 8 of the Muslim Family Rules 1961 in Form- II, which is to be filled and registered does not contain any entry regarding dowry articles.

       The strength of a law consists in its implementation. Many of our laws are without teeth. They are mere show pieces. A good member of them is made just to pacify the people when they make a hue and cry about a particular problem. Once they are enacted no one is bothered about their implementation. People's participation is minimum in Pakistan due to illiteracy, ignorance and apathy of the common people. In a democratic system of government, laws cannot be implemented without the active participation and collaboration of the people.

       Many of the laws enacted for the benefits of women are not implemented effectively due to the apathy and indifference of the law-enforcing agencies, such a police, bureaucrats, lawyers and judges. The situation can be changed only by awakening the conscience of the people, especially women, regarding their duty to become active partners in implementing the laws made for their benefits. Below are given some suggestions for the effective solutions to the problems relating to dowry articles.

1.    The maximum ceiling for the bridal gifts should be increased to rupees two lac by amending Section 3 of the Dowry and Bridal Gifts (Restriction) Act, 1976 to make it more realistic.

2.    The Nikah Nama Form prescribed by Rule 8 of the Muslim Family Laws Rules, 1961 under Section 5 of the Muslim Family Laws Ordinance, 1961 should be suitably amended to include an entry regarding dowry articles.

3.    It is recommended that offering dowry in any form be made an offence just like demanding dowry is explicitly made an offence. A new section 3-A in the Dowry and Bridal Gifts (Restriction) Act, 1976 should be inserted:

       "Penalty for demanding dowry.--If any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride , as the case may be, any dowry, he shall be punishable with imprisonment for a term which shall not be less than six months, but which may extend to two years and with fine which may extend to ten thousand rupees:

       Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months."

4.    Women's organizations must be formed and registered wherever possible in view of strengthening women and to enable them to fight for their rights. Initiative must be taken by women's organizations to study the laws critically, to find out their loopholes, and to suggest ways and means to amend them, and implement them effectively. Women legal researchers must interview police officers, bureaucrats, lawyers, judges and common people to get their opinions on the efficacy of the Dowry and Bridal Gifts (Restriction) Act, 1976 Act and the problems faced in implementing its provisions.

5.    The Section 5 of the West Pakistan Family Courts Act, 1964 16deals with the jurisdiction of the Family Courts and provides that the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate specified in part-1 of the schedule. It is to be noted that Section 17 of the West Pakistan Family Courts Act, 1964 makes the provisions of the Code of Civil Procedure Code, 1908 and Qanun-e-Shandat Order, 1984 17 inapplicable to proceedings before Family Court in respect of Part-I of the Schedule. The Schedule of the West Pakistan Family Court Act, 1964 was amended vide Family Courts (Amendment Act) (VII) of 1997 whereby item 8 regarding dowry was added. Thus, in 1997 through this amendment the suit for recovery of dowry articles became a family suit and prior to that it used to be to be a civil suit. The whole problem regarding recovery of dowry articles and appreciation of evidence started with this amendment as from then onwards the provisions of CPC and Qanun-e-Shandat became inapplicable. Another complex situation arose when the Chief Justice Committees meeting issued directions to the Judges of the Subordinate Courts to substitute to examination of Chief of a witness for an affidavit to be sworn by him in Family cases and Rent matters in year 2001.

       The provisions relevant on the question of recording of examination in chief are contained in Article 2(c) of the Qanun-e-Shandat Order 18 which is part of the examination of a witness or his evidence. An affidavit on behalf of the witness that too without any order having been by the court under Rule 1 of Order XIX CPC or without any agreement by the parties to dispense with the ordinary mode of evidence i.e. (Order XVIII Rule 4 CPC) cannot be acquitted with the examination of such witness recorded orally in open court in the presence of and under the personal discretion and superintendence of the Judge. An affidavit replacing an examination in chief may contain irrelevant and scandalous facts which the court otherwise shall not allow to be deposed when the deponent is before the court as a witness. The opposite party would definitely subject the deponent to cross examination on such fact as well. Resultantly, the court time which is sought to be saved by the filing of affidavits in place of an examination in chief, is likely to be consumed more if such an affidavit happens to be submitted.

       As regards the family suits Section 11 of the West Pakistan Family Courts Act, 1964 governs the recording the evidence of the Family Court. Sub Section 4 of the Section reads as under:-

"(4) The Family Court may permit the evidence of any witness to be given my means of an affidavit;

       "Provided that if the court deems fit, it may call such witness for the purpose of examination in accordance with subsection (3)"

       The subsection (3) provides for a witness to give evidence in his own words, but a party or his counsel may examine, cross-examine or re-examine him.

       A combined reading of Section 11 19leads to the conclusion that ordinary mode of giving evidence before a Family Court is by examination of a witness in the court and that it is only with the permission of the "Court" that he may give evidence by means of an affidavit. Thus a blanket direction to replace examination in chief of a witness by an affidavit sworn by him may defeat the spirit of the provisions contained in Section 11 ibid, therefore this practice should be done away with as it is complicating the decision of family cases.20

       The subsection (3) of Section 7 of the West Pakistan Family Courts Act 1964 provides that the plaintiff has to append all the documents in his power and possession on which he relies along with the plaint. Where he relies on other documents in possession or power, as evidence in support of his claim, he shall enter such documents in a list to be appended to the plaint, (giving reasons of relevancy of these documents to the claim in plaint). 21Similar provision is contained in Section 8 of the said Act with regard to the production of the documents by the defendant. These provisions are similar to the provisions contained in Order XIII Rule 1 and Order VII Rule 14 of CPC with regard to the production of documents. The accumulative effect of Sections 7, 8 and 11 of the West Pakistan Family Court Act 1964 read with Rule 10A of the West Pakistan Family Courts Rules, 1965 is that even a Family Court while recording and appreciating evidence has take into account the general principles contained in the Civil Procedure Code,1908 and the Qanun-e-Shandat Order,1984. Therefore, the Family Court should not ignore these principles regarding the production and proof of documents such as the list of dowry articles and a receipt of the purchase of dowry articles and bridal gifts. The tendancy of the certain Judges of Family Courts to render verdicts on the basis of mere assumptions should be discouraged and they should be directed to follow the general principles contained in the Qanun-e-Shalulat Order, 1984 regarding the proof of documents and appreciation of documents.

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1        (al-Haythami, Kitab ab-Nikah, 4:255).

2        “And give women (on marriage) their  dower (Mahr) as a free gift but if they, of their own good pleasure, remit any part of the it to you, taken it and enjoy it with right good cheer”(An-Nisa’: 4). Also (prohibited are) women already married, except those whom your right hands possess: Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with Mahr (dower, a bridal money given by the husband to his wife at the time of marriage) from your property,-desiring chastity, not lust, seeing that ye derive benefit form them, give them their dowers (at least) as prescribed; but it, aft3er a downer is prescribed, agree mutually (to vary it), there is no blame on you, and Allah is All-knowing All-wise (An-Nisa’:24).

3        (An Nahl: 58-59).

4        [Sahih Muslim: Book 032, Number 6364]

5        [Sahih Bukhari: Volume 8, Book 73, Number 24].

6        ‘Let there arise out of you A band of people inviting to all that is food, Enjoining what is right, and forbidding what is wrong: They are the ones to attain felicity.’ (Al-Quran, Aal-e-Imran: 104).

7        Quran [4:4]

8        Quran [4:20]

9        (sic)

10       See 5. Vesting of dowry etc., in the bride.—All property given as dowry or bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restrictive, conditional or limited.

11       Sec. 3 Restriction on dowry, presents and bridal gift.—(1) Neither the aggregate value of the dowry and presents given to the bride by her parents not the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees;

          Explanation. The ceiling of five thousand rupees specified in this subsection does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given.

          (2) No dowry, bridal gifts or presents may be given before or after six months of nikah, awl, if rukhsati take place sometime after  nikah, after six months of such rukhsati.

12.      8.List of dowry etc. to be furnished to Registrar.—(10 The parents of each party to a marriage shall furnish to the Registrar lists of dowry, bridal gifts and presents given or receive din connection with the marriage.

          (2) The lists referred to in subsection  (1) shall be furnished,--

          (a) in the case of property given or accepted before or at the time of the marriage, at the time of the marriage; and

          (b) in the case of property given or accepted after the marriage, within fifteen days of its being given or accepted.

          (3) the lists referred to in subsection (1) shall—

          (a) contain details of the property along with the value thereof; and

          (b) be signed or thumb-marked by the persons furnishing to, the Registrar and attested by at least two witnesses.

          (4) The parents of each party to a marriage shall furnish to the Registrar the details of expenditure incurred on the    marriage, duly signed or thumb-marked by them within one week.

          (5) The Registrar shall forward the lists furnished under subsection (1) and the details of expenditure submitted under subsection (4) to the Deputy Commission within fifteen days of receipt of such list or details or expenditure.

          Sec. 9. Penalty and procedure.—(1) Whoever contravenes, or fails to comply with, any provision of this Act or the rules made therunder shall be punishable with imprisonment of either description for a  term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both, and the dowry, bridal gifts or presents given or accepted in contravention of the provisions of this Act shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act:

          Provided that if both the parents of a party to the marriage contravene, or fail to comply with, any provision of this  act or the rules made thereunder, action under this section shall be taken only against the father;

          Provided further that if the parent who contravenes, or fails to comply with, any provision of this Act or the rules made thereunder is a female, shall be punishable with fine only.

          (2) Any offence punishable under this act shall be triable only by a Family Court established under the West Pakistan Family Court act, 1964 (W.P. Act No.XXXV of 1961).

          (3) No Family Court shall taken cognizance o fan offence punishable under this act except upon complaint in writing made by, or under the authority of, the Deputy Commission within nine months from the date of nikah, and if rukhsati takes place some time after nikah, from the date of such rukhsati.

          (4) While trying on offence punishable under this act, a Family Court shall follow the procedure prescribed by the Code of Criminal Procedure, 1898 (Act V of 1898), for the trial of offences by Magistrates.

13       Sec. 10. Power to make rule.—The Federal Government may, by notification in the official Gazette, make rules for   carrying out the purposes of this Act.

14       Sec. 3. Restriction on dowry, present and bridal gifts.—(1) Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the present given to the bridegroom shall exceed five thousand rupees.

          Explanation.—The ceiling of five thousand rupees specified in this subsection does not in any way imply that the dowry, bridal gifts and presents of a lesser amount may not be given.

          (2) No dowry, bridal gifts or present may be given before or after six months of nikah, awl, if rukhsati takes place some time after niksh, after six months of such rukhsati.

          2009 MLD 998 Rehan Iqbal Baloch v. Presiding Officer, k2008 YLR 1124 Shariat-Copiurt-Azad-Kashmir Shaukat Hayat v. Mst. Shabnam Akhtar, 2006 CLC 1393 Mst. Nasim Sharif v. Imtiaz Ali Khan kPLD 2004 Lah. 290, Mst. Sahahnaz Begum v. Muhammad Shafi, 2004 LR 1932 Supreme Court-Azad-Kashmir Muhammad Mafrooz v. M;st.Shafeen Akhtar, 1995 SCMR 885 Muhammad Trazeel v. Khair Un Nisa.

15       Sec.5 Registration of marriage.—(1) every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

          (2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licences to one or more persons, to be called Nikah Registrars, but in  no case shall more than one Nikah Registrar be licensed for any one Ward.

          (3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registrar under this Ordinance by reported to him by the person who has solemnized such marriage.

          (4) Who ever contravenes the provisions of subsection (3) shall be punsihable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

          (5)The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to-be charged thereof, shall be such as may be prescribed.

          (6) any person may, on payment of the prescribed fee, if any, inspect at the office of the ;Union Council the record preserved under subsection (5), or obtain a copy of any entry therein.

16       Sec. 5. Jurisdiction.—(1) Subject to provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule Part I of the Schedule.

          SCHEDULE

                                                          (See Section 5)

          Part I

          Dissolution of marriage, Khula

          Dower.

          Maintenance.

          Registration of Conjugal rights.

          Custody of children, and the visitation rights of parents to meet them

          Guardianship.

          **[Jactitation of marriage].

          *[“8. Dowry.”]

          “9.Personal property and belongings of a wife.

          PART II

          Offences and aid and abetment thereof under sections 337-A(i), 337-F(i), 341, 342, 3343, 344, 345, 346, 352 and 509 of the Pakistan Penal Code (Act XLV of 1860).”.

          **.Inst. by W.P. Act I of 1969. S.j8.

          *. Added by Act 1 of 1997, dated 1-1-1997

          *. Words added by Family Courts (Amendment) Ordinance, 2002.

17       Sec. 17. Provision of Evidence act and Code of Civil Procedure not to apply.—(1) Save as otherwise expressly provided by or under this Act, the provisions of the Evidence act, 1872 Qanun-0e0Shahadat, 1984 (P.O. No.10 of 1984) and the Code of Civil Procedure 1908. *[except sections 10 and 11], shall not apply to proceedings before and Family Court in respect of Part I of Schedule

          *Words added by west Pakistan Family Courts (Amendment) Act of 1907, S.2.

          (2) Sections 8 to 11 of the Oaths Act, 1873, shall apply to all proceedings before the Family Courts.

18       Sec. 2(c) “evidence” includes—

          (i) all statements which the Court permits or requires to be made before it by witnesses in relation to matters to fact under inquiry such statement are called oral evidence; and

          (ii) all documents produced for the inspection of the Court, such documents are called documentary evidence;

19       11. Recording of evidence.—(1) On the date fixed for the *[recording of the evidence]. The Family Court shall examine the witnesses produced by the parties in such order as it deems fit.

          *Subs. by W.P. Family Courts (Amendment) Act (I of 1969), S.7(a).

          (2) The Court shall not issue any summons for the appearance of any witnesses unless, within three days of the  framing of issues, any party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible for such party to produce the witness.

          *[(3) The witnesses shall give their evidence in their own words;

          Provided that the parties or their counsel may further re-examine, cross-examine or re-examine the witness:

          Provided further that the Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to  it to be intended to insult or annoy or in needlessly offensive in form].

          * Subs. by West Pakistan Family Court (Amendment) Act, 1969. S.7(b)

          *[(3-A) The Family Court may, if it so deems fit, put any question to any witness for the purposes of elucidation of any point which it considers material in the case.

          *Added by West Pakistan Courts (Amendment) Act, 1969, S.7.

          (4) The Family Court may permit the evidence of any witness to be given by means of an affidavit:

          Provided if the Court deems fit it may call such witness for the purpose of further examination in accordance with subsection (3).

          R.10-A(1) West Pakistan Family Court Rules, 1965.—Mode of recording-Presiding Officer of the Family Court is authorized to have the evidence of witnesses taken down in writing by, someone else in his presence and hearing and under his direction and superintendence.

20       Substitution of Examination-in-Chief of a witness for an Affidavit Sworn by him by Mian Zafar Iqbal Kalanauri, Member Punjab Bar Council, PLD 2001 Journal 26.

21       Sec. 7. Institution of suit.—(1) Every suit before a Family Court shall be instituted by the presentation of a plaint or in such other manner and in such Court as may be prescribed.

          (2)The plant shall contain all material* facts relating to the dispute and shall contain a Schedule giving the number of witnesses  indeed to be produced in support of the plaint, the names and addresses of the witnesses and a brief summary of the facts to which they would depose:

          *The  words  “material”  inserted  by  West  Pakistan  Ordinance  X  of  1966, section 7.

          “Provided that a plaint for dissolution of marriage may contain all claims relating to dowry, maintenance, dower personal property and belongings of wife, custody of children and visitation rights of parents to meet their children,”; and further that the parties may, with the permission of the Court, call any witness and at any later state, if the Court considers such evidence in the interest of justice.

          **[(3) (i) Whereas a plaintiff sues or relied upon a document in his possession or power, he shall produce it in Court when the plaint is presented, and shall a the same time deliver the documents or a copy thereof to be filed with the plaint.

          (ii) where he relies on any other document, not in his possession or power as evidence in support of his claim he shall enter such documents in a list to be appended to the plaint giving reasons of relevancy of these documents to the claim in the plaint].

          ** Substituted by West Pakistan Family Courts (Amendment) Act, I of 1969, S.3.

          (4) The plaint shall be accompanied by as many duplicate copies thereof including the Schedule and the lists of documents referred to irk subsection (3), as there are defendants in the suit, for service upon the defendants.

          *[(5) A Family Court shall conduct hearing of the suits as expeditiously as possible and shall not adjourn hearing for a period exceeding seven days and shall dispose off the suit within a period of 120 days from the date fixed by the court for the appearance of the Defendant.]

          *Added by Senate Bill No.III of 1999 (PLJ 1999 Fe3d.St.175).

Is Anger haraam on muslims..

Is Anger Haraam on Muslims

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

Assalam-o-Aliequm
I heard many people says that ANGER is haram on muslims, kindly confirm is there any type of anger which is haram on muslims ? Thank you very much.Your Brother in Islam.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

Is Anger haraam on muslims

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam, no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.

Anger, grief, joy, etc. are natural emotions of a human beings, and thus are not in any way declared forbidden by Allah and His Messenger (saws), nor is one accountable for having or experiencing these natural emotions from the heart.

What one will be accountable for in the Court of Allah, is what he displays or acts or utters when encountered with these natural emotions.  Thus, in essence, one is not accountable in the Court of Allah for what one feels in his heart when faced with these natural emotions of grief or anger etc., but rather one is accountable only for what one does with his hands and what one says with his tongue.

Sahih Al-Bukhari Hadith 2.390         Narrated by Anas bin Malik

We went with Allah's Messenger (saws) to the blacksmith Abu Saif, and he was the husband of the wet-nurse of Ibrahim (the son of the Prophet). Allah's Messenger (saws) took Ibrahim and kissed him and smelled him and later we entered Abu Saif's house and at that time Ibrahim was in his last breaths, and the eyes of Allah's Messenger (saws) started shedding tears. 'Abdur Rahman bin 'Auf said, "O Allah's Messenger (saws), even you are weeping!"  He (saws) said, "O Ibn 'Auf, this is mercy." Then he (saws) wept more and said, "The eyes are shedding tears and the heart is grieved, and we will not say except what pleases our Lord, O Ibrahim! Indeed we are grieved by your separation."

 Fiqh-us-Sunnah Fiqh 4.21 (part)

It is reported in a sound hadith that the Prophet (saws) said: "Allah does not punish a person for shedding tears or feeling pain in his heart.  But He does punish, though he may show mercy, because of (what he utters with) this," and then he pointed to his tongue.

There are many traditions in the authentic Sunnah where it is narrated that even the Messenger of Allah (saws) displayed this natural emotion of anger:

Al-Tirmidhi Hadith 3292        Narrated by Mahmud ibn Labid

When Allah's Messenger (saws) was informed about a man who had divorced his wife, declaring it three times without any interval between them, he (saws) arose in anger and said, "Is sport (mockery) being made of the Book of Allah Who is Great and Glorious, while I am amongst you?" 

Sahih Al-Bukhari Hadith 7.279         Narrated by Ali

The Prophet (saws) gave me a silk suit and I wore it, but when I noticed anger on his (saws) face, I cut it and distributed it among my women-folk.

Sahih Al-Bukhari Hadith 8.130         Narrated by Aisha

The Prophet (saws) entered upon me while there was a curtain having pictures (of animals) in the house. His (saws) face got red with anger, and then he got hold of the curtain and tore it into pieces. The Prophet said, "Such people as paint these pictures will receive the severest punishment on the Day of Resurrection."

Al-Muwatta Hadith 58.14

Yahya related to me from Malik from Abdullah ibn Abi Bakr from his father that the Messenger of Allah (saws) gave a man from the Banu Abd al-Ashal charge over some sadaqa.  When he came to ask him for some camels from the sadaqa, the Messenger of Allah (saws) was so angry that the anger showed in his face.  One way in which anger could be recognized in his face was that his eyes became red.  Then he (saws) said, "This man has asked me for what is not good for me or him. If I refuse it, I hate to refuse. If I give it to him, I will give him what is not good for me or him." The man said, "Messenger of Allah (saws)! I will never ask you for any of it!"

The following is the guidance given by the Messenger of Allah (saws) on how to confront the natural emotion of anger:

Al-Tirmidhi Hadith 5145 (part)         Narrated byAbu Sa'id al-Khudri

Allah's Messenger (saws) stood up among us to deliver an address after the afternoon prayer, and he did not leave out anything that would happen up to the Day of Resurrection without mentioning it. In the course of his address he mentioned anger, saying, "Some are swift to anger and swift to cool down, the one characteristic making up for the other; some are slow to anger and slow to cool down, the one characteristic making up for the other; but the best of you are those who are slow to anger and swift to cool down, and the  worst of you are those who are swift to anger and slow to cool down." He continued, "Beware of anger, for it is a live coal on the heart of the descendant of Adam. Do you not notice the swelling of the veins of his neck and the redness of his eyes? So when anyone experiences anything of that nature he should lie down and cleave to the earth."

Al-Tirmidhi Hadith 5116        Narrated by Abdullah ibn Umar 

Allah's Messenger (saws) said, "No one has swallowed back anything more excellent in the sight of Allah, Who is Great and Glorious, than anger he restrains, seeking to please Allah The Most High."

Al-Tirmidhi Hadith 5114        Narrated by Abu Dharr

Allah's Messenger (saws) said, "When one of you becomes angry while standing he should sit down. If the anger leaves him, well and good; otherwise he should lie down."

Al-Muwatta Hadith 47.12

Yahya related to me from Malik from Ibn Shihab from Said ibn al-Musayyab from Abu Hurayra that the Messenger of Allah (saws) said, "A strong person is not the person who throws his adversaries to the ground.  A strong person is the person who contains himself when he is angry."

Your Question: kindly confirm is there any type of anger which is haram on muslims?Thus in conclusion, my beloved brother in Islam, the Truth is that anger in itself is neither haraam nor halaal, but rather what one does and says during this state of natural emotion will determine whether his deed or statement is permissible or forbidden.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me.  Allah Alone Knows Best and He is the Only Source of Strength.

Your Brother in Islam,

Story About Mother,S Love

No one knows how much a mother loves her children. There’s no measuring instrument that can measure it. For as long as she’s breathing, there exist the words ‘immesurable and unconditional love’.

For an ordinary child, life is about playing, running around with some friends and enjoying life’s greatest gifts and treasures. But for a nine-year-old Riza Astute who’s suffering under the curse of heart deficiency and having a weak lungs, life is an endless struggle in finding the cure for her sickness. Beside her is a loving mother, who never fails to encourage her in fighting her sickness, cries with her, and most importantly, her mother that never left her when she needed her the most.

Mom, I wanna give up. Let’s give this fight up,” she said, crying. They had been in the hospital for almost three months already, waiting for the cure.

No Baby, the doctor said there’s still a cure,” her mother cried while giving her a tight hug. A hug that assured her about not giving up. An assurance of the cure that had long been waited.

There’s no cure Mom, why can’t we just accept it?” sadness colored the tone of her  trembling voice, her mother never loosen the tightness of the hug.

The doctor said that the heart transplant will going to work. Just… don’t give up. Please Baby, for me,” her mother pleaded, sobbing. She saw the naked panic in her eyes.

But there’s no heart donor,” her voice grown higher, trying to be more reasonable as she could be.

Yes there is,” she fell silent, replaying her mother’s words in her mind. “The doctor said she’s right in the operating room now, so they’re going to send you to the O.R,” she continued.

Like who the hell would going to give her own life for a worthless dying child. For Pete’s sake Mom,” she said, tears welled up, she reached up to wipe them away before they could spill over.

I don’t know. Let’s be thankful that there’s a donor. I’m going to thank her with all my life, and I’m going to spend all our money to win you back.” She kissed her daughter’s forehead.

Before she could respond her thank you words, three nurse got in the room and took her to the operating room.

They had injected her loads of anaesthetic medicines which made her close her watery eyes and fell into silent, dreamy sleep.

The operation took a little over five hours longer than it should be and was successful. Thanks be to her heart donor and of course, to God.

It took three days before she finally woke up. She saw her family looking at her anxiously, wide eyed. She searched for her mother but couldn’t find her.

Where’s Mom?” she asked when finally, she’d regained her strength and consciousness.

At the house, taking a sleep,” her brother was the one to answer the question.

I wanna see Mom.” Her voice was rather a command than a request.

Sure you can?

Yeah! Perfectly sure. I wanna get out of this white place.

Well then,I’m going to pay for the bills,” replied her father.

When she got home – excited by the thought of coming home again and seeing her mother – she was shocked to see too many people – most of them were their neighbors – crowding their place. She felt a sudden surge of panic flooding through her, her pulse was thudding in her ears. She put one arm over her heart. It drummed hyperactively over her palm.

She wheeled her wheelchair, entering the front door. She saw her grandparents crying, mourning over a dead body lying inside the coffin. She went directly into it and cried as she saw the face of her lifeless mother under the glass of the coffin, sleeping peacefully,smiling to her.

She died really happy…” she flinched when she saw her father on her side, she felt the need of hugging him, “… she died really happy giving you her heart.” That stung her. She shouted NO, but the words slithered out of her mouth in a silent – almost unheard – whisper. She fell on her wobbling knees and leaned her head closer to her mother’s as another wave of ache and sadness washed over her.

Define School of Islam?

Introduction:-
Schools of Islamic thought (madhahib) are the paths people follow to the Noble Quran and Prophet Muhammad. Obviously, these schools of thought were founded considerably after the death of the Prophet; in fact, they never took shape until the time of the Umayyid Caliphate. The common phrase ahl al-sunnah wal-jama΄ah, for example, became prevalent during the third century of the Hijrah. By the year 250H, the four Sunni schools of thought were being popularized and patronized during the Abbasid Caliphate. The Shi'a school of thought on the other hand, continued its growth and progress after Imam Ali through his descendants who were connected to each other through a chain of narration and knowledge. Prophet Muhammad and the designated imams in the Shi'a school of thought were shielded by Allah from any sin, religious error, or forgetfulness.
Kinds of Schools of Islamic Thought:-

1. Ja'fari
2. Hanafi
3. Maliki
4. Shafi΄i
5. Hanbali 

Quatity of Muslims Following Different Schools:-

Today, the five schools of Islamic thought accepted by all Muslims are the Ja'fari, comprising 23% of the Muslims; the Hanafi, comprising 31% of the Muslims; the Maliki, comprising 25% of the Muslims; the Shafi΄i, comprising 16% of the Muslims; and the Hanbali, comprising 4% of the Muslims. The remaining small percentage follow other minority schools, such as the Zaydi and the Isma΄ili.

Explanations:-

Ja‘fari

The Ja'fari school of thought was headed by Imam Ja'far ibn Muhammad al-Sadiq who lived from 83H to 148H. He was born in and died in the holy city of Madina, and he is the sixth Imam of the twelve designated imams of the school of Ahlul Bayt. Although the fiqh (Islamic Jurisprudence) was developed by the Prophet Muhammad and his successors (i.e., the imams), the fiqh, as taught by the Shi'a, did not have the opportunity to be presented to the masses of people because of the political predicament that the Ahlul Bayt suffered under the rulers for many centuries. The imams refused to acknowledge the legitimacy of the Umayyad and Abbasid caliphs, and their governments; and thus they and their followers were exposed to tremendous harassment and persecution at the hands of the unjust caliphs. Once the Umayyad government became weak, Imam Ja'far ibn Muhammad al-Sadiq found a golden opportunity to formulate and spread the tradition of the Prophet Muhammad and his family. At one time, four thousand scholars, commentators of the Quran, historians, and philosophers attended his classes in the holy city of Madina. Therefore, he was able to pass down the authentic teachings of the Noble Quran and the Prophet Muhammad and crystallize them in what came to be known as al-Fiqh al-Ja'fari, the Ja'fari Jurisprudence. His teachings were collected in 400 usul (foundations) which were written by his students and encompass hadith, Islamic philosophy, theology, commentary of the Quran, literature, and ethics.

After a period of time, three distinguished scholars categorized these 400 usul in four books which are the main sources of hadith for the Shi'a school of thought. They are: Usul al-Kafi by al-Kulayni (d.329H), Man La Yahduruh al-Faqih by al-Saduq (d.381H), and al-Tahdib and al-Istibsar by al-Tusi (d.460H). These three scholars were known as the “three Muhammads” since their first names were all Muhammad. While these four books are the main sources of hadith for the Shi'a, their authors still did not label their books as ”sahih” (authentic). Although they did their best to gather only authentic traditions, but if a particular tradition contradicted the Noble Quran then it was not accepted as legal and valid. Hadith, according to the Ja'fari school of thought, are accepted only if the Noble Quran verifies them, since the Noble Quran is the only undoubtable source of guidance.

Hanafi

The Hanafi school of thought was headed by Imam al-Nu΄man ibn Thabit (Abu Hanifa) who lived from 80H to 150H. Imam Abu Hanifa was born to a non-Arab father, was raised in Kufa, and died in Baghdad. This school of thought prevailed during the time of the Abbasid Empire when a student of Imam Abu Hanifa, Abu Yusuf al-Qadi became the head of the judiciary department and the highest judge, and thus he spread this madhhab (school of thought), in particular, during the caliphates of al-Mahdi, al-Hadi, and al-Rashid. No other man was as close to the Abbasid caliph, Harun al-Rashid as was Abu Yusuf al-Qadi, but the Abbasid caliph, al-Mansur also worked hard to support and consolidate Imam Abu Hanifa's school of thought and to spread his madhhab in the face of the growing popularity of Imam Ja'far al-Sadiq. Imam Abu Hanifa studied under the instruction of Imam Ja'far al-Sadiq for two years, and said in regards to him, “I have not seen anyone more knowledgeable than Ja'far ibn Muhammad, and indeed, he is the most knowledgeable one in the nation.”

Maliki

The Maliki school of thought was headed by Imam Malik ibn Anas al-Asbahi who lived from 93H to 179H. He was born in the holy city of Madina, and his fame spread throughout Hijaz. On the account of his disagreement with Imam Abu Hanifa, Imam Malik became the leader of the school of tradition (hadith), while Imam Abu Hanifa was the leader of the school of opinion (ra΄i). Yet, most Muslim governments were supportive of Imam Abu Hanifa.

Imam Malik joined the 'Alawiyiin, the descendants of Imam Ali, and received his knowledge from Imam Ja'far al-Sadiq, but thereafter, inconsistencies marked his life. At one point he was oppressed and having earned the anger of the government, he was dragged through the streets by his clothes and lashed. In 148H, his fortunes reversed and he regained his popularity and dominance. The Abbasids tried to set him up as a popular reference for the nation in giving verdicts and injunctions. The Abbasid caliph al-Mansur asked him to write al-Muwatta', his book of fiqh, which contains the principles of the Maliki school of thought. Furthermore, during the hajj season, the official announcer of the government proclaimed that no one had the authority to give fatawas (religious decisions) except for Imam Malik. The Abbasid caliph Harun al-Rashid sat on the floor to listen to him, and the caliphate in general exalted him to the point where they said that no book on earth, except the Noble Quran, was more authentic than that of Imam Malik's. Ibn Hazm al-Andalusi says that two schools of thought were spread due to the government and the sultan: the school of Imam Abu Hanifa, since Abu Yusuf al-Qadi only appointed Hanafi judges; and the school of Imam Malik ibn Anas, for a student of Imam Malik, Yahya ibn Yahya was so respected in the caliph's palace that no judge was ever appointed in Andalus, Spain without his consultation and advice.

Shafi΄i

The Shafi΄i school of thought was headed by Imam Muhammad ibn Idris al-Shafi΄i who lived from 150H to 198H. Imam Shafi΄i was born in Hijaz and his school of thought emerged in Egypt. At the time of the Fatimid Dynasty, the Egyptians were mainly followers of Ahlul Bayt, and the teachings of Ahlul Bayt were being taught in al-Azhar University. At a later time, Salah al-Din al-Ayyubi came and waged an extensive war against the school of Ahlul Bayt by banning the teaching of their madhhab (school of thought) in al-Azhar and resurrecting the other madhahib, including that of Imam Shafi΄i, who was killed in Egypt in 198H.

Hanbali

The Hanbali school of thought was headed by Imam Ahmad ibn Hanbal who lived from 164H to 241H. He was born and died in Baghdad. He only gained popularity in Najd (a region of the Arabian Peninsula) due to the ideas of Muhammad ibn 'Abd al-Wahhab, the founder of Wahabism. The Hanbali madhhab spread in Najd primarily due to the teachings of Ahmad ibn 'Abd al-Halim al-Dimishqi ibn Taymiyyah (661H-728H) and his student ibn al-Qayyim al-Jawziyya.

A close study of the history of the madhahibs and a search into the reasons for their birth, existence, and spread, reveals that the various governments were the main factor in the birth and spread of these schools. Governmental aid took physical and financial forms by establishing schools, sponsoring books of fiqh (law), adopting and sponsoring official madhahib, and giving freedom to the founders and scholars of some of the “official” madhahib. This trend has occurred in almost every religion worldwide; for example, one might compare this trend in Islam to the birth of the Anglican Church in 1534AD by the English king, Henry VIII who made it the official religious tradition of the state, thus giving it 55 million followers.

History tells that the school of Ahlul Bayt suffered extreme oppression, tyranny, and discrimination at the hands of the Umayyad and 'Abbasid caliphs. But in spite of oppression, by the divine will of Allah, the school of the Ahlul Bayt reached a climax during the caliphate of al-Ma'mun, and Shi'ism reached so far into the governmental dignitaries that al-Ma'mun himself was forced to show deep sympathy towards the 'Alawiyiin, the descendants of Imam Ali, and to show an inclination towards Shi'ism, to the point that he invited Imam Ali ibn Musa al-Rida, the eighth Imam of the Ahlul Bayt to be his successor—a position which Imam al-Rida declined.

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