Adultery is an act which is very bad and reprehensible. Allah Almighty says:
ولا تقربوا الزنا إنه كان فاحشة وساء سبيلا
And come not nigh to fornication; fact that adultery was a heinous act. And an evil way. [Al-Isra '/ 17: 32]
In another verse, Allah Azza wa jallaberfirman:
والذين لا يدعون مع الله إلها آخر ولا يقتلون النفس التي حرم الله إلا بالحق ولا يزنون ومن يفعل ذلك يلق أثاما يضاعف له العذاب يوم القيامة ويخلد فيه مهانا
And those who do not worship any other god along with Allah and do not kill the soul which Allah has forbidden (to kill) except with (reason) is true, and no adultery, whoever do so, surely he gets (retaliation) sin (it) , (that) will be doubled for him on the Day of Resurrection punishment and he will eternal punishment, in a state of humiliation, [al-Furqan / 25:68-69]
In this verse, Allah Almighty mentions fornication after shirk and after the murder of the soul which Allah has forbidden Almighty. It shows how the act of adultery was very bad.
In another verse, Allah Azza wa jallamenyebutkan sanctions for the perpetrators of this contemptible act. Allah Subhanahu wa Ta'ala says:
الزانية والزاني فاجلدوا كل واحد منهما مائة جلدة ولا تأخذكم بهما رأفة في دين الله إن كنتم تؤمنون بالله واليوم الآخر وليشهد عذابهما طائفة من المؤمنين
The adulterous woman and men who commit adultery, then deralah each one of them a hundred stripes, and let not pity for you to both prevent you to (run) the religion of Allah, if ye believe in Allah and the Hereafter day, and let (implementation) their punishment be witnessed by a group of people who believe. [An-Nûr/24: 2]
The scholars said: "This punishment for men and women who commit adultery when they are not married. Meanwhile, if already married or never married then they stoned (stoned) with stones until death.
In an authentic hadith stated
لا يزني الزاني حين يزني وهو مؤمن
the adultery was faithful when he committed adultery [Bukhari and Muslim]
In another hadith stated:
من زنا أو شرب الخمر نزع الله منه الإيمان كما يخلع الإنسان القميص من رأسه
Who is adultery or drinking khamr God deprive faith of that person as a human being off his shirt from the head. [HR al-Hakim of the hadeeth of Abu Hurayrah radi anhu and as-Suyuti gives valid symbol]
Adultery is the worst menzinahi own mother, daughter, sister or other mahram. In the hadith stated:
من وقع على ذات محرم فاقتلوه
Who is menzinahi mahram then kill! [HR al-Hakim and his shahihkan]
Zina contains all the ugliness of them:
1. Zina reduce one's religion
2. Zina eliminating properties wara '
3. Zina damage the honor and dignity
4. Zina reducing the jealous
5. Pezina get the wrath of God Almighty.
6. Zina blacken the face and make it dark
7. Zina darken hearts and the light disappeared
8. Zina result of continuous poverty.
9. Zina eliminate the culprit and the dropping value of chastity before his Lord and before men.
10. Zina pulled off a commendable trait and nicknames like 'Iffah, good, fair, trustee of the culprit and pinning properties such fajir reproach, traitor, fasiq and adulterer.
11. Pezina turn themselves in torment in hell fire a kiln narrow upper and lower area. A place that had witnessed the Prophet sallallaahu 'alaihi wa sallam to torture the fornicators. [Bukhari in shahihnya of friends Samurah bin Jundab radi anhu].
12. Zina eliminate both and replace it with the name of al khabîts, attach a title for the fornicators
13. Allah Subhanahu wa Ta'ala give careful anxiety for the fornicators
14. Zina eliminate the authority. Authority will be revoked from the heart of the family, friends and others
15. Man looked at him as a traitor. No one can believe in taking care of his wife and children
16. Allah Azza wa jallamemberikan feeling cramped and hard hearts adulterer
17. Adulterer has eliminated the opportunity to get pleasure with him at a residence beautiful angel in heaven
18. Encourage fornication culprit dared rebel against the parents, decide kinship, illicit business, other people and displaced menzhalimi wife and family
19. Fornication surrounded by other immoral acts. So this humiliating act will not be realized unless preceded, accompanied and followed various other sinners. Indecency led to ugliness of the world and the hereafter
20. Adultery shall be sanctioned; unmarried fornicators whipped a hundred times and exiled for a year from the region, while actors who never married or still married stoned (stoned) stoned to death
21. Zina damage nasab
22. Adultery destroys the honor and dignity of the
23. Zina Waba cause the spread of dangerous diseases, tha'un (leprosy) and the spread of venereal disease that is generally difficult to treat, minimal disease syphilis
24. Fornication opportunities for families to fall into a similar deed. In the proverb says:
كما تدين تدان
You will be rewarded according to the deeds
25. Zina replies practice shalihnya lost cause so he broke on the last day.
26. Day of Resurrection will be faced with adultery the wife dizinai to be taken at will reward his kindness left her husband so as not merit the slightest
27. Members of the body such as hands, feet, skin, ears, eyes and oral testimony will give painful. Allah Almighty says:
يوم تشهد عليهم ألسنتهم وأيديهم وأرجلهم بما كانوا يعملون
On the day (when) the tongue, hands and feet to be a witness against them for what they were doing before. [An-Nur / 24:24].
That is among the many negative effects of fornication. All this gives an idea of how bad the impact of this contemptible act and how low morality culprit. The negative effects of this misconduct will not only be felt by the perpetrators but also by the child who does not know anything. may Allah Azza wa jallamelindungi us and all Muslims of this heinous act.
(Translated from kutaib Khatarul jarimah al khuluqiyah, by Sheikh Abdullah bin Ibrahim bin al jârullâh Jârullah)
[Transcribed from magazines Sunnah 09/Tahun Edition XII / Dzulhijjah 1429/2008M. Publishers Foundation Lajnah Istiqomah Surakarta, Jl. Solo-Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]
Mewasapadai Zina And Causes
Allaah has forbidden all acts vile, visible or not visible. Allaah also forbids cruel deeds approached and ordered to stay away and cover everything that can be dragged towards access forbidden. All of it as a form of mercy (compassion) Allaah to His servants, and entities safeguards Allah Almighty gave to His servants from being exposed to anything harmful in their world and the hereafter.
Among the vile deeds that Allaah has forbidden in His Book and His Messenger is through oral fornication. Various methods adopted in the forbidden act is taboo. Sometimes using the phrase "Do not approach" and dashed and close all access towards it, sometimes with a pin for the worst title deeds worthy animal, sometimes also with the nature of the Muslims who do not commit adultery; mention a threat to the perpetrator, and various other methods. Essentially despicable acts are forbidden in Islam.
In addition to forbid and describe atrocities and bad consequences of immorality, the perfect Shari'ah also forbids any access to moving towards it as a form of preventive action. Prohibition of all this access as well as a barrier of this heinous act. Among the Shari'ah-shariah:
1. Enforcement had (sanctions) against adultery.
That is, for actors who are not married then be sanctioned lashes 100 times and exiled for one full year. And those who are already married, then sanctions are stoned (stoned) stoned to death. Allah Almighty ordered the hadd (sanctions) is enforced strictly, not to pity for them cause we wasted his law is. Almighty Allah also ordered the execution of this hadd attended the Muslims, so the more striking and provide a deterrent effect on the soul of the perpetrator and those who watch.
2. Allah Almighty ordered detained eyes
قل للمؤمنين يغضوا من أبصارهم ويحفظوا فروجهم ذلك أزكى لهم إن الله خبير بما يصنعون وقل للمؤمنات يغضضن من أبصارهن ويحفظن فروجهن
Say to the believing men: "Let them hold the consideration, and maintains his cock; such is purer for them, surely Allah knows what they do". And say to the believing women: "Let them hold his views, and his cock". [An-Nûr/24: 30-31]
Because of the view that started the adultery, then God made the "Restraining view" as a preliminary injunction keeping the pubic. All of this embarrassing incident stems from the eye, as a blazing fire started from sparks are underestimated. started from the view, then wishful thinking, and then stepped up and eventually fall. So whoever spit eyes to see things that are forbidden by Allah Almighty, it means that she has dragged herself toward the brink of destruction. Prophet sallallaahu 'alaihi wa sallam said:
يا علي فلا تتبع النظرة النظرة فإنما لك الأولى وليست لك الآخرة
O Ali, do not you accompany your eyes (the things that are forbidden) with the next view. [1]
on the contrary, the people who always hold his eyes, then Allah Almighty will give him grace halawatul form of worship (in worship peace-red) until the end of the world arrives.
3. Almighty Allah also commanded Muslim women to full hijab.
Allaah commanded the women mukminah that he was kept in order to keep themselves and their men not to be involved in the cunning of Satan. Allah Almighty says:
وليضربن بخمرهن على جيوبهن ولا يبدين زينتهن إلا لبعولتهن
And let them put her veil fabric to her chest, and do Appears jewelry except to their husbands. [An-Nûr/24: 31]
Allah Almighty also says:
يا أيها النبي قل لأزواجك وبناتك ونساء المؤمنين يدنين عليهن من جلابيبهن
O Prophet, tell your wives, daughters and wives of the believers: "Let them extend their scarf to the whole body." [Al-Ahzâb/33: 59]
Allah Almighty also says:
وإذا سألتموهن متاعا فاسألوهن من وراء حجاب ذلكم أطهر لقلوبكم وقلوبهن
When you ask for something (needs) to them (wives of the Prophet), then ask from behind the veil. Such a way that it purer for your hearts and their hearts. [Al-Ahzâb/33: 53]
This is all in order to protect the women and men not to be involved in this immoral act. But the damage in this age of caller, invites us to break down the protective wall and that woman out freely without covering the aurat. They want to see the Muslims sinks and dissolves in this immoral act. They lunge is not a strange thing, because they are adopting the rules of their landlady who disbelieve in Allah and do not take the rules of the revelations of Allah Almighty. The women petty tersilaukan with slogans pengadobsi this Kufr rules and welcomed the invitation meant he had to replace obedience to Allaah by disobedience, has shifted the pleasure of Allah Almighty is replaced with His wrath, and the reward in exchange punishment. What a bad attitude towards women to himself and society. He obeyed the creature in the sinner to God Almighty. iyadzan billah
4. Islam prohibits a man seclusion (alone) with a non-mahram woman.
Seclusion (alone) with a non-mahram woman meaningful opportunities for Satan to drag both of them to be mired in indecency. However the level of piety and faith are both still mired opportunities that exist. In the book of Sahih Bukhaari and Muslim, Umar Ibn Abbaas narrated that the Prophet sallallaahu 'alaihi wa sallambersabda:
لا يخلون رجل بامرأة إلا ومعها ذو محرم
Never a man to a woman seclusion unless accompanied by a mahram woman
So, people who seclusion (alone) with a non-mahram woman had committed an immoral means to Allah and His Messenger, whether it's alone in the house, office, shop, auto, recreation, or other. N The Prophet said:
إياكم والدخول على النساء فقال رجل من الأنصار يا رسول الله أفرأيت الحمو قال الحمو الموت
Do you go to meet women (who are not mahram-pent)! One man asked: "What about the husband's relatives?" The Prophet replied: "Relatives of the husband (if alone with a woman causing such destruction) death". [HR. Bukhari and Muslim]
5. Islam forbids a woman doing safar (out of town) without a mahram.
Mentioned in the hadith.
عن ابن عباس رضي الله عنهما قال قال النبي صلى الله عليه وسلم لا تسافر المرأة إلا مع ذي محرم ولا يدخل عليها رجل إلا ومعها محرم فقال رجل يا رسول الله إني أريد أن أخرج في جيش كذا وكذا وامرأتي تريد الحج فقال اخرج معها
From Ibn Abbaas anhuma, he recounts: n Prophet said: "A woman should not be doing safar except with mahram, and a man must not enter upon her unless there is a mahram to accompany her." Then one man said: "O Messenger of Allah, I actually wished out in this army, and that, while my wife intends to perform Hajj". Then the Prophet said: "Come thou (pilgrimage) with your wife". [HR. Bukhari, no. 1862; Muslim, no. 1341]
So women who travel out of town alone without mahram has menyelisihi guidance this noble Prophet.
6. Islam forbids tabarruj (primp) for women.
Islam forbids a Muslim woman bertabarruj (up menor) when outdoors. Because this will attract the attention of men who suffer from heart disease and a means toward indecency. Allah Almighty says:
ولا تبرجن تبرج الجاهلية الأولى
And do not tabarruj (ornate and behave) like the people of ignorance of the ancients. [Al-Ahzâb/33: 33]
This is the guidance of Allah Almighty for women. Unfortunately, today many Muslim women melatahi this noble verse. They wear the grandest and most luxurious fragrances coming out to the market or the other. What they do have quite a bear sin for them. If the women want to go out to the mosque for worship required in order not to wear perfume, then what about those who are out to churches and synagogues?
That's among the shari'ah-shari'ah of Allah Almighty set as early prevention of this contemptible act.
Then let us all pious to Allah and stay away from all facilities that conduct towards this heinous crime.
(Adapted by Isma'il Abu Muslim Al-Atsari of the book Khatarul jarimah al khuluqiyah, by Sheikh Abdullah bin Ibrahim bin al jârullâh Jârullah, p. 9-17)
[Transcribed from magazines Sunnah 09/Tahun Edition XII / Dzulhijjah 1429/2008M. Publishers Foundation Lajnah Istiqomah Surakarta, Jl. Solo-Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]
_______
Footnote
[1]. Reported by Ahmad, Abu Dawud, Tirmidhi. Abu Isa t Tirmidhi said Gharib hasan hadeeth.
Zina Child Status
By
Ustadz Kholid Samhudi
Nothing could be more, adultery disaster has begun to spread in the country. Depravity and evil acts of adultery has been obscured by the term which connotes another. WIL (Women Wanted Other), PIL (Mr. Wonderful Other), CSW (commercial sex workers), and the like escort girls impress this matter taken lightly by some. Moreover, Islamic law in general and the punishment for adulterers especially not implemented. These conditions favor the spread of this terrible plague in the middle of the Muslims.
Adultery is endemic raises many painful social problems. Not only is the second culprit, but also in children born through such illicit relationships. Predicate "natural child" was enough cause the boy suffered a deep sadness. Especially if you look at other issues that he must face in the future. As penasaban, inheritance, guardianship and other social problems he could never avoid.
A. Bastard lineage
Natural child at his mother's home dinasabkan mulâ'anah fate of children [1] which dinasabkan to his mother, not the father. Therefore, the children's lineage disconnected from the father. [2] The Prophet Shallallahu'alaihi wa sallam stated about natural child:
لأهل أمه من كانوا
(Boy) for his mother's family is still there ... [3]
He wa sallam also menasabkan Shallallahu'alaihi mulâ'anah child to his mother. Umar Ibn Umar had said:
أن النبي صلى الله عليه وسلم لاعن بين رجل وامرأته, فانتفى من ولدها, ففرق بينهما, والحق الولد بالمرأة
Shallallahu'alaihi wa sallam Prophet entered mulâ'anah between a man and his wife. Then the man and his son deny the Prophet Shallallahu'alaihi wa sallam menasabkan separate them and the child to his mother. [4]
Imam Ibn al-Qayyim rahimahullah when explaining the legal consequences of a mula'aanah between a husband to his wife stating: "The law is a break nasab sixth child from his father's side. Due Prophet Shallallahu'alaihi wa Sallammenetapkan not to be called the father of the child with the lineage. This is correct and are the majority of scholars ". [5]
Shaykh Mustafa al'Adawi Hafizhahullah said: "This is the opinion of the majority of scholars, nasab child is cut off from his father's side. Because Allah wa Shallallahu'alaihi Sallammenetapkan avoid dinasabkan to his father. This is the correct opinion" [6]
.
In line with the above opinion, Shaykh Muhammad ibn Salih al-Uthaymeen rahimahullah said: "The child of adultery is created sperm without marriage. Then he dinasabkan to one, either the man or the woman's husband is menzinainya when she married. Reasons, he did not have a father who syar'i (through a legal marriage, red) ". [7]
Nasab child of cheating or adultery, if the terms of her status, can be categorized into two:
1. The mother's status as wives.
A married woman who proved affair (read: adultery) gave birth to illegitimate children of the relationship, it can not be separated from two circumstances:
a. The husband did not deny or acknowledge the child as his son.
Namely, if a married woman who gave birth to a child and the husband does not deny the child, then the child is his, although there are those who claim it is the result of her affair, the Messenger of Allaah Shallallahu'alaihi said in a hadith of Aa'isyah radi anhuma:
الولد للفراش, وللعاهر الحجر
The child born belongs to the owner of the bed (husband) and pezinanya gain loss [8].
What is meant by the word al-firâsy here is a man who has a wife or a slave woman who had digaulinya. The evidence is the hadeeth narrated from Abu Hurayrah radi anhu, the Messenger of Allaah Shallallahu'alaihi once said:
الولد لصاحب الفراش
The child born belongs to the owner of the mattress (the husband) [8]
Shaykh 'Abdurrahman ibn Nasir as-Sa'di rahimahullah stated: "When a woman has become firâsy, either as a wife or female slave, and she gave birth to a child, the child belongs to the owner firâsy. [10] rahimahullah He added:" With the ownership of this firâsy, the physical resemblance or recognition of a person and others is not considered ". [11]
b. The husband deny
If the husband denies the child, then the woman (his wife) can not be separated from two circumstances:
- He admitted that it was indeed the result of adultery or proved by the testimony of the corresponding shari'ah. If this is the case, then the woman sentenced to stoning and the status of her child is a child of adultery and nasabnya dinasabkan to his mother.
- She denies that the child is born As with the results of infidelity. Thus, the solution of the Shari'a, the couple looked at each curse (mulâ'anah process). Then they were separated and the marriage is broken for the second man ever. Children who disputed mulâ'anah not a bastard child. Although not a natural child, but still dinasabkan to his mother.
2. Not status as wives
If the woman does not have a husband, either widowed or had never been legally married at all, then gave birth to the child, then the child is under two conditions:
- If no man has ever menzinainya dinasabkan ask the child to himself, then the child is not dinasabkan to any man. Nasab boy connected to his mother.
- There is a man who claims to have menzinai woman and claim her child. In this issue, the scholars differ:
The first opinion, stating the child is not dinasabkan the man who claimed it.
These are the schools of al-`aimah al-arba'ah (the four madhhab Imam Imam Abu Hanifah, Imam Malik, Imam Shafi'i and Imam Ahmad rahimahumullah) [12] and Ibn Hazm rahimahullah [13]. This opinion dirajihkan by Ibn Qudama in al-Mughni vol.
This is the basic idea:
1. Word of the Prophet Shallallahu'alaihi wa Sallam:
الولد للفراش, وللعاهر الحجر
The child born belongs to the owner of the mattress (the husband) and pezinanya gain loss [14]
In this noble hadith, the Prophet Shallallahu'alaihi wa sallam menasabkan not to other than the child's mother's husband. This means menasabkan natural child to the man adulterer menyelisihi content of this hadith.
2. Hadeeth of Abdullah ibn 'Amr that reads:
قام رجل فقال يا رسول الله إن فلانا ابني عاهرت بأمه في الجاهلية فقال رسول الله صلى الله عليه وسلم لا دعوة في الإسلام ذهب أمر الجاهلية الولد للفراش وللعاهر الحجر.
One stood and said: "O Messenger of Allah! It is So and so is my son, my mother had menzinahi dizaman Ignorance. "Then Allah wa Shallallahu'alaihi Sallammenjawab:" There is no recognition of the child in Islam. Period of ignorance is gone. Children belong to the woman's husband (al-Firâsy) and the adulteress get the loss. [15]
3. Shallallahu'alaihi wa Sallam Prophet:
لا مساعاة فى الإسلام من ساعى فى الجاهلية فقد لحق بعصبته ومن ادعى ولدا من غير رشدة فلا يرث ولا يورث
There is no adultery in Islam, who committed adultery in the time of ignorance then dinasabkan to family heirs (asabah) and who claim the child without proof, it is not inherited and not inherited. [16]
4. Hadith Abdullah bin 'Amr radi anhu which reads:
إن النبى - صلى الله عليه وسلم - قضى أن كل مستلحق استلحق بعد أبيه الذى يدعى له ادعاه ورثته فقضى أن كل من كان من أمة يملكها يوم أصابها فقد لحق بمن استلحقه وليس له مما قسم قبله من الميراث شىء وما أدرك من ميراث لم يقسم فله نصيبه ولا يلحق إذا كان أبوه الذى يدعى له أنكره وإن كان من أمة لم يملكها أو من حرة عاهر بها فإنه لا يلحق به ولا يرث وإن كان الذى يدعى له هو ادعاه فهو ولد زنية من حرة كان أو أمة.
Verily Allaah Prophet Shallallahu'alaihi want every child to decide issues dinasabkan to someone after (death) dinasabkan her father was recognized by his heirs. Then he decided that all children born of slave status of his (the employer) when clocked (sexual intercourse), then the child dinasabkan to a request penasabannya and the child does not have the slightest right of inheritance distributed before (dinasabkan) on it and undistributed inheritance so he got his share. Not dinasabkan (to his father) if the father is denying dinasabkan. If the slaves are not owned or dizinahinyanya independent woman, then the child is not dinasabkan him and even those who did not inherit the dinasabkan a claim, because he either natural child of the free woman or a slave slave. [17]
Ibn al-Qayyim said: This hadeeth refuted Ishaaq and who agree with him. [18]
5. Shallallahu'alaihi wa Sallam Prophet:
أيما رجل عاهر بحرة أو أمة فالولد ولد زنا, لا يرث ولا يورث
Anyone who menzinahi free women or slaves slave then the child is a child of adultery, did not inherit and bequeath. [19]
6. Ibn Qudama rahimahullah convey the reason that no bastard dinasabkan to his father when not asked penasabannya. This shows that the child is not considered child syar'i so can not dinasabkan him at all. [20]
The second opinion states the child dinasabkan the adulteress if she asks penasabannya.
This is the opinion Rahuyah rahimahullah Ishaq ibn 'Urwah ibn az-Zubeir rahimahullah, Sulaiman bin Yasar rahimahullah and Shaykh al-Islam Ibn Taymiyyah rahimahullah.
Ibn Taymiyyah rahimahullah stated: There are two opinions of scholars on the issue adulterer who asked him if the child zinanya dinasabkan dizinahinya woman is not married. Prophet Shallallahu'alaihi wa Sallam said:
الولد للفراش, وللعاهر الحجر
The child born belongs to the owner of the mattress (the husband) and pezinanya punished.
Prophet Shallallahu'alaihi wa sallam make the child belonged to her husband (al-Firaasy) instead adulterer. If she was not a virgin (al-Firâsy) then do not fit in this hadith. [21]
Ibn Taymiyyah rahimahullah argue with deeds Caliph Umar ibn al-Khattab, as narrated by Imam Malik in al-Muwatta 'with lafadz:
أن عمر بن الخطاب - رضي الله عنه - كان يليط أولاد الجاهلية بمن ادعاهم في الإسلام.
Umar ibn al-Khattab radi anhu first menasabkan children who admit to ignorance (as a child) in Islam. [22]
Similarly, he argued by qiyas (analogy), because you are one of those couples fornicate. If dinasabkan to his mother and inherit and the lineage between the child with relatives of his mother when he committed adultery with a man (her father) is. The boy was out of the water second pair and association to him and both agreed it was his son, then what prevents dinasabkan child to his father, if not admit it in others? This is pure qiyas. [23]
That râjih Allaah knows best are those with keshahihan Jumhur second and fourth arguments that strengthen Jumhur opinion.
After discussing the differences of opinion on this issue and expressed the opinion first fourth hadith, Ibn al-Qayyim rahimahullahmenyatakan: If the hadeeth is saheeh then it shall be found to the content of this hadith and pick it up. If the hadeeth is not saheeh the opinion (the tattoo-pent) is the opinion of Ishaq rahimahullah and the people with him. [24]
B. Son of Zina and heritage.
Natural child inheritance law in all circumstances with inheritance laws mulâ'anah child because they shared the same lineage disconnected from his father. [25] The problem for young heir heir adultery is part of the consequences nasabnya.
1. Children menzinahi adultery with her man.
Heir inheritance relationship between a child's father was in the presence of one among the causes of inheritance (asbab al-Irts) the lineage. When a natural child dinasabkan not be syar'i to the man who had been her mother menzinahi the consequence is no heir-inherited between both. Thus, the natural child can not get the estate of the person and his relatives. So is this guy, can not get the estate of the child zinanya handiwork.
2. Zina child with her mother
While the child of fornication with his mother inherited it remains one another. Child of adultery is the same as the other children of the mother's. Because he was his son, he entered the generality of the word of Allah Subhanahu wa Ta'ala:
يوصيكم الله في أولادكم للذكر مثل حظ الأنثيين فإن كن نساء فوق اثنتين فلهن ثلثا ما ترك وإن كانت واحدة فلها النصف ولأبويه لكل واحد منهما السدس مما ترك إن كان له ولد فإن لم يكن له ولد وورثه أبواه فلأمه الثلث فإن كان له إخوة فلأمه السدس من بعد وصية يوصي بها أو دين آباؤكم وأبناؤكم لا تدرون أيهم أقرب لكم نفعا فريضة من الله إن الله كان عليما حكيما
God mensyari'atkan you about (the division of inheritance for) your children. Namely: Courant a son together with a portion of two adult daughters and if the children were all women more than two, then for them two-thirds of the property abandoned, and if she was an only child, so he is the half possessions. and for the two mother-father, for each one-sixth of the abandoned property, if the deceased had children, and if the deceased has no children, and he inherited his father's mother (only), then she got a third, if the it has several siblings died, then his mother gets one-sixth. (The distribution of the above) will be met after he made or (and) after the debt is paid. (About) your parents and your children, you do not know which of them is closer (many) benefits you. This is the decree of Allah. Surely Allah is knowing, Wise. [An-Nisa `/ 4: 11]
He is entitled to inherit from his mother because he dinasabkan to his mother and lineage is one reason among the causes of inheritance. In this case, the status of natural child with the child mulâ'anah described in the Hadith Sahl ibn Sa'd as-Sa'idi radi anhu relates that the Messenger of Allaah Shallallahu'alaihi mulâ'anah judge. Sahl ibn Sa'd radi anhu said:
فكانت سنة أن يفرق بين المتلاعنين وكانت حاملا, فأنكر حملها وكان ابنها يدعى إليها, ثم جرت السنة فى الميراث أن يرثها, وترث منه ما فرض الله لها.
Then a sunnah separate two people who do mulâ'anah when the woman is pregnant. The husband deny her pregnancy and her child to the woman dinasabkan. Then shall apply the Sunnah in that the child has inherited the legacy of the woman's property and the woman his heir property in accordance with the decree of God. [26]
Ibn Quddâmah rahimahullah said: "A man when going mulâ'anah his wife and son, and a judge has refused to separate the two, then the child away from her and inheritance rights terputuslah heir of the man who did this mulâ'anah. He did not inherit it and no one heir ('residuary heir) it. He only inherited by his mother and dzawu al-Furudh (heirs get certain parts-red) from the mother. Also heir heir between spouses is broken and we are not aware of any difference of opinion in this regard. [27]
C. Mahramkah natural child with her mother menzinai family man?
In the past described in the opinion of the rajih (stronger) that cut bastard lineage and inheritance from his mother menzinahi men. On this basis, the child of adultery is not a mahram for the man's family, because mahram status obtained by three because the lineage, dairy and marriage. Thirdly because there is no child of adultery. Therefore he is not a mahram for men, brothers and sons are born of legitimate marriage. Consequently all laws relating to the ability to see, seclusion and safar banned them.
Let the man marry his handiwork zinanya?
This problem was never asked to Shaykh al-Islam Ibn Taymiyyah rahimahullah and he replied:
According to the majority of scholars of the Muslims, he should not marry her to the point of denying Imam Ahmad rahimahullah dissent in this case among the Salaf. He rahimahullah said: "Who would do that (marry his handiwork zinanya-red) the punished suicide. Presented to him rahimahullah an opinion of Imam Malik that he allow it, then the imam Ahmad rahimahullah penukilan deniers of the Imam Malik rahimahullah. Prohibition it is the opinion of Abu Haneefah rahimahullah and his followers, and followers Ahmad rahimahullah, Malik and the majority of his followers and also the opinion of many followers of the Shafi'i madhhab. He rahimahullah also deny the news that Imam Shafi'i found different with this. The scholars said: "Imam Shafi'i said only daughter of feedings is not the child of fornication. [Majmu 'Fatawa 32/143]
Ibn Taymiyyah rahimahullah also asked about a menzinahi a woman, and the man died. Is the child of an adulterous man is allowed to marry a woman who dizinai father?
He replied: It is forbidden in the schools of Abu Haneefah, Ahmad and one of the two opinions in the madhhab Malik and allow him a second opinion. And this is also the Shafi'i madhhab. [Majmu 'Fatawa 32/143]
Thus it is clear the status bastard lineage, heritage and mahram. Hopefully this brief explanation for all of us.
Wabillahi Taufiq.
[Transcribed from magazines Sunnah 09/Tahun Edition XII / Dzulhijjah 1429/2008M. Publishers Foundation Lajnah Istiqomah Surakarta, Jl. Solo-Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]
Accusing Wife cheating
By
Ustadz Kholid Samhudi
When Muslims are less concerned with the rules of Shari'ah, the negative effect becomes a necessity, sooner or later. For example, concerning the woman out of the house that do not comply with shariah appearance plus no urgent need. As a result, fishing is often a crime. The issue of free association and the issue of gender equality are often heralded mass media, adding to the atmosphere worse. Finally, the Big Dipper household that has haunted many cool calm from the storm problems and slander. Starting from cheating accusations directed at a spouse, child dubious born from the womb of the wife as a child he even reached the stage of denial of children born wife. That is, the husband accused his wife of adultery with another man. How legal and what's the solution?
Accusing an affair is Major Sins
In Islam a Muslim woman accused adultery is a big case and includes a great sin. Prophet sallallaahu 'alaihi wa sallam said:
اجتنبوا السبع الموبقات قالوا يا رسول اله l وما هن قال الشرك باله والسحر وقتل النفس التي حرم اله إلا بالحق وأكل الربا وأكل مال اليتيم والتولي يوم الزحف وقذف المحصنات المؤمنات الغافلات
"Avoid the seven things that destroy you." Someone asked: "Is it seven O Messenger of Allah?" He replied: "associating partners with Allah, magic, killing the soul that God diharam k except for the right reasons, consuming riba, consuming the orphan's property, fleeing from the battlefield, alleging adultery against chaste women who are married and careless." [Agreed alaihi]
Therefore, Islam sets specific penalties for a person who accuses others of adultery was not able to bring four witnesses who saw the events. Allah Subhanahu wa Ta'alaberfirman:
والذين يرمون المحصنات ثم لم يأتوا بأربعة شهداء فاجلدوهم ثمانين جلدة ولا تقبلوا لهم شهادة أبدا وأولئك هم الفاسقون إلا الذين تابوا من بعد ذلك وأصلحوا فإن الله غفور رحيم
And those who accuse women of excellence (commit adultery) and they do not bring four witnesses, then deralah they (the accused's) eighty stripes, and do not accept their testimony for ever. That and they are wicked people.
Except those who repent thereafter and mend (himself), then surely Allah is Forgiving, Merciful. [An-Nûr/24: 4-5]
LI'AAN SOLUTIONS
The problem is when a man get his wife's adultery with another man and did not have a witness in this case. He could not take it for granted, but are helpless because they do not have witnesses. To solve this problem, specify Li'an or Mulâ'anah Shari'ah.
Understanding Li'an Or Mulâ'anah.
The word Li'an (اللعان) and Mulâ'anah (الملاعنة) is the base word (Mashdar) from لاعن - يلاعن - ملاعنة و لعانا meaningful curse. Li'an words follow the pattern (wazan) فعال which generally indicates the action was coming from two directions. So the meaning of the Arabic Li'an curse is mutual between two people. [1]
Meanwhile, according to the Shari'ah scholars, Li'an testimony-testimony is confirmed by oath the name of Allah, curse words and sentences accompanied wrath. [2]
The process is called Li'an testimony because the man (the husband) said: 'that God la'nat me, if I am among those who lie. " Lafadz this (curse-ed) is taken (as the name-ed) without seeing lafazh al-Ghadhab (which is used to strengthen the wife's pesaksiaan-red) even though they exist in the word of Allah Subhanahu wa Ta'aladalam an-Nûr/24 paragraph letter to 6-9, as well as first mentioned lafazh curse than lafazh al ghadhab and the husband (man) is stronger than the women, because the husband was able to start with a curse.
There also are stating that it is a meaningful word anathema expulsion and penjauhan and since every couple was away from her partner and prohibited the marriage between them forever. [3]
For Li'an
Li'an held with the allegations because adultery (cheating) of a husband who is directed to his wife, but he could not bring four witnesses. Shaykh Salih al-Fawzaan said: 'If a man accuses his wife of adultery then he must establish evidence of witnesses on the allegations. If it can not, then he will be punished adultery accuser. This penalty can not fall from it except by bearing witness to him four times with an oath by Allah Subhanahu wa Ta'alabahwa it includes people who are honest and fifth accident pray for him to curse (him) when lying. If he had done this he unpunished accuser of adultery. [4]
Shari'a Li'an.
Li'an or Mulâ'anah is prescribed in Islam on the basis of al-Qur'an, Sunnah and ijma '.
Of Al-Qur `an is the word of Allah Subhanahu wa Ta'ala:
والذين يرمون أزواجهم ولم يكن لهم شهداء إلا أنفسهم فشهادة أحدهم أربع شهادات بالله إنه لمن الصادقين والخامسة أن لعنت الله عليه إن كان من الكاذبين ويدرأ عنها العذاب أن تشهد أربع شهادات بالله إنه لمن الكاذبين والخامسة أن غضب الله عليها إن كان من الصادقين
And those who accuse their wives (adultery), In fact they have no witnesses except themselves, then the testimony of that person is four times swear by Allah, for He is including the correct ones. And (oath) the fifth that la'nat Allah be on him if he included those who lie. His wife was spared punishment testify four times, bearing Allah fact that her husband actually includes people who lie. And (oath) the fifth that the curse of Allah be upon her if he included the right people. [An-Nûr/24: 6-9]
Meanwhile, from the sunnah hadith such as Sahl bin Sa'd radi-Sâ'idi anhu which reads:
أن عويمر أتى عاصم بن عدي وكان سيد بني عجلان فقال كيف تقولون في رجل وجد مع امرأته رجلا أيقتله فتقتلونه أم كيف يصنع سل لي رسول الله عن ذلك! فأتى عاصم النبي صلى الله عليه وسلم فقال: يا رسول الله - فكره رسول الله صلى الله عليه وسلم المسائل - فسأله عويمر فقال إن رسول الله كره المسائل و عابها. قال عويمر: و الله لا أنتهي حتى أسأل رسول الله صلى الله عليه وسلم عن ذلك. فجاء عويمر فقال: يا رسول الله! رجل وجد مع امرأته رجلا أيقتله فتقتلونه أم كيف يصنع? فقال رسول الله صلى الله عليه وسلم: قد أنزل الله القرآن فيك و في صاحبك. فأمرهما رسول الله صلى الله عليه وسلم بالملاعنة بما سمى الله في كتابه فلاعنها ثم قال رسول الله صلى الله عليه وسلم: إن حبستها فقد ظلمتها فطلقها فكانت سنة لمن كان بعدها في المتلاعنين ثم قال رسول الله صلى الله عليه وسلم: انظروا فإن جاءت به أسحم أدعج العينين عظيم الأليتين خدلج الساقين فلا أحسب عويمرا إلا وقد صدق عليها و إن جاءت به أحيمر كأنه وحرة فلا أحسب عويمرا إلا وقد كذب عليها. فجاءت به على النعت الذي نعت رسول الله صلى الله عليه وسلم من تصديق عويمر فكان بعد ينسب إلى أمه
Indeed 'anhu came Uwaimir radi' Asim bin 'Umar AdiRadhiyallahu which he is the head of the sons' Ajlan and said: What do you think about a man who finds a man with his wife, if he could kill her and then you (reply-ed) killed him or how he should act ? Ask it for me to Messenger of Allah! Then 'Umar radi Ashim came to the Prophet sallallaahu' alaihi wa sallam and said: "O Messenger of Allah! - Prophet sallallaahu 'alaihi wa sallam did not like questions like that-then' anhu asked Uwaimir radi radi Ashim anhu and he said that the Prophet sallallaahu 'alaihi wa sallam did not like the question and reproach. 'Uwaimir radi anhu said,' By Allah, I will not stop till I get asked the Prophet sallallaahu 'alaihi wa sallam about it. then' Uwaimir radi anhu came and said: O Messenger of Allah! A man get another man with his wife, if he could kill her and then you (would reply-ed) to kill him or what he should do? Prophet sallallaahu 'alaihi wa sallam said: Indeed Allah Subhanahu wa Ta'ala has reduced Al-Qur `an about you and wife. then the Prophet sallallaahu 'alaihi wa sallam ordered both bermulâ'anah (mutual cursed) with which Allah has mentioned in His book. then they do mulâ'anah. then the Prophet sallallaahu' alaihi wa sallam said: "If you detain him means you menzhaliminya. "Then Uwaimir radi Umar divorced his wife. then so be it as a sunnah for the generations after them in mula'anah. then the Prophet sallallaahu 'alaihi wa sallam said:" Behold! When she gave birth to a black child, wide-eyed and black, and a second big ass big calves, so I'm sure that 'Uwaimir honest in this regard and when to bear children reddish white, then I believe that the' Uwaimir have lied. Then she gave birth to a baby that has the properties as mentioned the Prophet sallallaahu 'alaihi wa sallam of honesty' Uwaimir. After that, the child told her mother dinasabkan. [5]
Similarly, Umar radi Anas hadith which reads:
إن هلال بن أمية قذف امرأته بشريك ابن سحماء وكان أخا البراء بن مالك لأمه وكان أول رجل لاعن في الإسلام قال فلاعنها فقال رسول الله صلى الله عليه وسلم أبصروها فإن جاءت به أبيض سبطا قضيء العينين فهو لهلال بن أمية وإن جاءت به أكحل جعدا حمش الساقين فهو لشريك ابن سحماء قال فأنبئت أنها جاءت به أكحل جعدا حمش الساقين
Indeed Hilal bin Umayyah radi anhu accused his wife of adultery with Syarik Sahma bin `Umar radi. Hilal radi Seibu anhu was the brother of al-Bara 'ibn Malik radi anhu and he was the first man who did mulâ'anah in Islam. He said: Then Hilal radi mulâ'anah anhu did to his wife. Prophet sallallaahu 'alaihi wa sallam said: "Pehatikanlah woman! When she gave birth to white children, straight hair and her eyes were clear and he belongs to Hilal bin Umayyah and when to bear children black eyed, curly and two small calves, so he of Sarik Sahma bin `. Anas radi anhu said: I told the woman who gave birth black eyed, curly and small both legs. [6]
The consensus, then al-Haafiz Ibn Hajar has menukilkan consensus on pensyariatan Li'an. [7]
Wisdom Pensyariatan Li'an.
Among pensyariatan Li'an wisdom is to keep the lineage and the disgrace of the husband refused. [8]
Legal Terms Li'aan
Li'an applied if compliance with the following requirements:
1. Conditioned upon the accused husband cheating on his wife, could not bring four witnesses to the charge. Because Allah Subhanahu wa Ta'ala in His Word requires that:
والذين يرمون أزواجهم ولم يكن لهم شهداء إلا أنفسهم فشهادة أحدهم أربع شهادات بالله إنه لمن الصادقين
And those who accuse their wives (adultery), In fact they have no witnesses except themselves, then the testimony of that person is four times swear by Allah, for He is including the correct ones. [An-Nûr/24: 6]
2. The woman who accused is not known as an adulterer and denied the accusations of adultery. [9]
3. The woman who accused the plaintiff's wife is married to syar'i marriage, both have been clocked or not. [10]
4. The charge in the form of adultery or denies children born to the woman as her or deny her pregnancy. [11]
5. Li'aan occur of legal age, married and common (mukallaf). Because the testimony can not be accepted from those not mukallaf. [12]
6. Starting from the husband and the amount persaksiannya four times. [13]
7. This is done before the Qadi (judge or his representative), because the Prophet sallallaahu 'alaihi wa sallam ordered Hilal bin Umayyah bring his wife and did mulâ'anah before he sallallaahu' alaihi wa sallam. [14]
Li'an Implementation Process. [15]
It can be concluded from the texts of al-Qur `an and the hadiths of the Prophet sallallaahu 'alaihi wa sallam that Li'an procession is as follows:
1. Implementation mulâ'anah disunnahkan halayak before watching.
2. Both couples were standing when mulâ'anah so many people can be seen
3. Al-Qadi or judge began by reminding them both to repent before the start of the event mulâ'anah.
4. The judge started with her husband and told him to stand up and say: Say four words:
أشهد بالله إني لمن الصادقين فيما رميت به زوجتي هذه من الزنا
I bear witness to the name of God, I am really honest in all the accusations of adultery that I point to my wife this!.
If Li'an for denying children born to the Qadi (judge) ordered him to declare:
أشهد بالله لقد زنت وما هذا الولد بولدي
(I testify by Allah that this woman has committed adultery and the child is not my son).
Shaykh Ibn Uthaymeen rahimahullah Li'an allow merajihkan opinion with other than Arabic. [16]
5. Speech pronounced husband over four times.
6. The judge ordered the man put his hand in its mouth and then said: But fear ye Allah Subhanahu wa Ta'aladan advised to refer hereafter torment worse than adzab world and the like.
7. If husbands interesting li'ânnya he punished with al-Qâdzif (accuser adultery).
8. If remained adamant that he uttered the fifth
وعلي لعنة الله إن كنت من الكاذبين
May Allah curse befall me if I lied.
With this he was free from the snares of punishment.
9. Then the judge told her: "Choose! Ye ye deny or punished with fornicators. If he does not deny the adulterers punished with (Rajam).
10. If insists on mulâ'anah then he said:
أشهد بالله إنه لمن الكاذبين
(I testify by Allah that he (husband, Ed) lie) four times.
11. Then the judge asked him to stop to give you advice and tell you that this can cause the wrath of Allah Subhanahu wa Ta'alakepadanya.
12. When he pulled persaksiannya had confessed to adultery and punished with the adulterer.
13. If he continued denial then ordered to declare:
وعلي غضب الله إن كان من الصادقين
May God's wrath fall on me if it includes people who are honest.
Then she began to be free from prosecution and mulâ'anah been accomplished. Thus, all the consequences caused by Li'an into force on a pair of husband and wife.
Consequences Of Li'aan.
Every decision and the law has consequences, so too Li'an. He has some consequences as a result of these mulâ'anah. Among these consequences:
1. Both are free from the bondage of the law, both as an accuser of adultery punishment (Haddul Qâdzif) or the punishment of adultery. It is based on the word of Allah Subhanahu wa An-Nur Ta'aladalam letter verses 6-9.
2. Women should not be accused of adultery for the second time and it should not be said to have committed adultery after the mulâ'anah. Likewise, children should not be called a child of adultery. [17]
3. Both couples had separated. [18] As described in the hadeeth of Ibn Umar Umar:
أن النبي صلى الله عليه وسلم لا عن بين رجل وامرأته, فانتفى من ولدها, ففرق بينهما, والحق الولد بالمرأة
The Prophet sallallaahu 'alaihi wa sallam mulâ'anah hold between a person with his wife. Then the man and his son deny the Prophet sallallaahu 'alaihi wa sallam menasabkan separate them and the child to his mother. [19]
4. Their separation is faskh (discomfiture marriage contract) instead of divorce (divorce). [20] Thus the dirajihkan Ibn al-Qayyim rahimahullah in Zad al-Ma'ad.
5. Spouses are separated for ever and can not be gathered again with Ruju 'or a new marriage. [21]
6. The woman is entitled to her dowry and the man can not take it when they both had sexual relationships. [22]
7. The woman is not entitled to a place to live and make a living from her husband.
8. Children born after mulâ'anah nasabnya disconnected from the lineage of his father and his mother dinasabkan [23].
9. The existence of the woman's heir heir with the son mulâ'anah.
Thus we present a brief problem mulâ'anah. Hopefully this summary useful discussions.
Wabillahi taufiq.
References.
1. Bi-Ilmâm Tashîlul Fiqhil-ahadith al-Maram Min Bulûgh, Shaykh Salih al Fawzaan bin Abdillah, first printed in 1427 without a publisher.
2. ash-Syarhu al-Mumti '' Ala Zad al-Mustaqni ', Shaykh Muhammad ibn Saalih al-' Uthaymeen, complete mold Muassasah Ibn 'Uthaymeen.
3. al-I'lân Bi Fawâ `id al-Ahkam Umdah, Ibn al-Mulaqqin, tahqiq Abdul'Aziz bin Ahmad al-Musyaiqih, first printed in 1421 H, dar al-'Ashimah.
4. Al-Bayan fi madhhab al-Imam Shafi'i, Yahya al-Ya'mari, tahqiq Qaasim ibn Muhammad an-Nuuri, dar al-Minhaj
5. Saheeh Fikhis-Sunnah, Abu Malik ibn As-Sayyid Kamal Salim, al-Maktabah at-taufîqiyah.
6. Al-Majmoo 'Syarhu al-Muhadzdzab-part disyarah Najieb Muhammad al-Muthi'i-, Dar Ihyaa' at-Turats al-'Arabi.
7. Fat-hu al-Bari Bi Syarhi Sahih al-Bukhari, al-Hafiz Ibn Hajar, Maktabah Salafiyah. Etc..
[Transcribed from magazines Sunnah 09/Tahun Edition XII / Dzulhijjah 1429/2008M. Publishers Foundation Lajnah Istiqomah Surakarta, Jl. Solo-Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]
source: http://almanhaj.or.id/
_______
No comments:
Post a Comment