whose father is a Muslim).
In a strongly worded verse of the Holy
Qur'an, the Almighty God labeled those
‘who do not judge themselves by what He
has revealed as disbelievers, wrongdoers
‘or rebellious (5:47, 48, and 50, The Holy
Quran). Along this line, you have the
option where to align yourself as a
‘Muslim or as a disbeliever. By the way,
Islam as a religion is not oniy praying
five (5) times a day or fasting the Holy
Month of Ramadhan, but it is a complete
way of life including the sincere
adherence to the Law of the Almighty
(Maulana Maudodi, Islamic scholar). I
wish I could always be of service
through this column.”
B. Disposition Of Property (Date
Published: 28 July 2002, Kuwait
Times)
Question: “We are a family of OFW
converts to Islam since my father was in
Saudi Arabia during the early 80's. Now
that he is getting old, I received a letter
from him informing me of his proposal
‘to apportion his property to us according
to Shari'a or Islamic Law and to be
implemented upon his death.
In the said letter, he also informed me
that my younger brother's share is equal
to the share of two daughters, Thank
God, I am a Muslim, However, is this
true in Islam? I am not questioning the
wisdom of God. I am just curious as a
convert. Fortunately, we are only three
@) in the family: two (2) daughters and
@ brother. My mother passed away five
years ago.”
Sonia
Answer: “Your father's proposal to
apportion his property is very idcal.
Obviously, he wanted peace of mind and
harmonious relations among his children
upon his death. Above all, he wanted to
ascertain that as a Muslim, Shari'a or
Islamic Law is applied in the disposition
of his property.
As regards the share of your younger
brother which is equal to you and your
sister’s combined shares, I wish to
inform you that it is emphasized under
Verse 11 of the Holy Qur'an and Article
117 of P.D. 1083. I wish further to
inform you that the mere fact that youryounger brother has a double share is
neither a gesture of favoritism nor an act
of inequality by reason of sex. This
principle is a just and fair balancing
feature of distribution of property since
males have the added social
responsibility and burden in the support
of the family and giving dowry to the
wife for the latter's protection and
benefit. And in times of war, males are
always in the frontline both in the
defense of the country or in pursuit of
national interest. In fact, said principle
is one of the many reforms introduced by
Islam, as females have no share at all or
could not inherit from their parents
during the pre-lslamic era, The
principles of Inheritance Law are laid in
broad outline in the Holy Qur‘an and the
precise details have been worked out on
the basis of the Prophet's practice and
that of his companions (Justice Jainal
Rasul, Comparative Laws; The Family
Code of the Philippines and the Muslim
Code). Tagree with you, as Muslims, we
do not question the wisdom of the
‘Almighty because He knows best.”
4
‘SHARI'A JURISPRUDENCE &
OTHERS
a
Non. Availability Of Halal Food
In A Non-Muslim Area* (Date
Published: 26 May 2002, Kuwait
Times)
Question: “Assalamo Alaykom.... Tam
an OFW convert to Islam for five (5)
years and fortunate enough to have
discovered many things about Islam. |
found practicing Islam in Kuwait as
smooth and easy. However, I wish to
anticipate a problem once I returned
back to the Philippines for good, like the
unavailability of halal foods and
guidance center in my hometown in
Antique.
T thank the Almighty that my Christian
friends and relatives understand my
being a convert to Islam. Although, I
have no problem with them especially
my one and only child, I wish T can
propagate Islam to them. I also wish to
live with and see a Muslim community
in my hometown. Please advise me.”
Sara of Hawally
-Answer: “Alaykom Assalaam.. Your
eventual retum to RP for good poses a
big challenge on your part whether you
can still practice Tslam in Antique, the
way you do it in Kuwait. While the
practice of Islam and adherence to
Shari'a or Islamic Law are not based on
territorial jurisdiction or residency, 1 am
sure that you can still be a good
worshiper and religious practitioner in
Antique by applying a sincerest tagwea or
selfresttaint and a real fear for the
Almighty God. The Almighty helps and
saves those who practice iagwa or self-
restraint with utmost sincerity and those
who fear Him with real fear (The Holy
Quran and 4/-Hadith),
Actually you can turn this situation to a
window of opportunity to show to your
Chistian friends and relatives "the
Islamic code of conduct by reflecting it
in your daily routine and inter-personal
relations with your friends and relatives.
Meanwhile, as to Islamic and halal
foods, you can rely heavily on nutritional
fish and vegetables, in the absence of an
Islamic-staughtered meat. And as
regards the Muslin community in your
area, I think there is no city or
‘municipality in the Philippines today
where you cannot find a single migrant
Muslim vendor, who professes Islam. A
big flock of Filipino Muslims in the
south started to leave Mindanao during
the martial law days and on their own,
‘many of them have built small mosques
and Islamic centers in the places of their
work and livelihood. For this purpose,
you may also wish to get in touch with
the Office on Muslim Affairs at 117
Ablaza Building, E. Rodriguez, Sr
Street, Quezon City, Telephones: | 742
2711, Fax: 731 4341 or at the Office on
Muslim Affairs, 4/F GTC Building,
116.3 Borromeo Street, Cebu City. I
hhope you will succeed in propagating
Islam to your friends and relatives.”
B. Prohibiting A Muslim Woman To
‘Travel Without A Mabram
(Male-Relative Escort) (Date
30 June 2002, Kuwait
Question: “I am a holder of a
dependent visa. My Kuwaiti husband is
prohibiting me from traveling alone even
on my regular holiday to the Philippines:
He said, I am now a Muslim and 1should follow and adhere to Shari'a or
Islamic Law. Trespect my husband but 1
do not know whether or not he is
knowledgeable as regards this matter. Is
this true?
Please advise me, as traveling from one
place to another is part of my vocation.
We have two (2) children and I wanted
to keep my family intact.”
Teresa
Answer: “Your Kuwaiti husband is
correct though he is not knowledgeable
in Shari'a or Islamic Law. He may have
read of heard about a Hadith, which
relates that Prophet Mohammad, peace
be upon him, said, “It is not lawful for a
woman who believes in Allah and the
Day of Judgment to go on a joumey
lasting for a day and night without being
accompanied by a person who is related
to her within the prohibited degrees of
marriage”, ie. with whom marriage is
unlawful ‘between them (Riyadh-Us-
Salcheen, Vol. 11, Page 508; Articles 23,
24, 25 & 26 of P. D. 1083).
‘Your situation is now on the balance
between your husband and vocation.
-
‘However, since you wanted to keep your
family intact and as a Muslim, I believe
that itis in your best interest, along with
your two (2) children that’ you honor
your husband's wish. Otherwise, you
would develop a feeling of hatred
towards your husband.
For this purpose, you may also wish to
read Article 36 (3) of P. D. 1083, which
elaborates the need of the husband's
consent in the exercise of the wife's
profession or vocation. It further
emphasizes that the wife's profession ot
vocation shall be in keeping with Islamic
modesty and virtue.”
C. Mahram Or Relatives Within
The Prohibited Degrees OF
Marriage (Date Published: 01
September 2002, Kuwait Times)
Question: “This is @ follow up question
on your 30 June 2002 issue, regarding
the prohibition for a Muslim woman to
travel without a mahram. My wife, who
is a convert to Islam is stil curious and
wanted to know who is/are her
mahram(s) under Shari‘a or Islamic
Law.
9Despite my explanation about the
subject, I felt that it is more convincing
‘and authoritative if it would come from
you. Please Jet us know through your
column.”
‘Abdullah & Teresa
“Answer: “The issue on mahram was
brought up when Prophet Mohammad,
peace be upon him, emphasized that a
Muslim woman should not travel
without a makram, when the journey is
to last a day or more (4/-Hadith). Under
Shar’a or Islamic Law, your wife's
‘mahrams are: het father, grandfather,
uncle, granduncle, brother, son, foster
son (milk relationship), stepson, son-in-
law and nephew (Verses 22-23, The
Holy Qur'an).
Actually, mahram is based on the
relationship between a man and a
‘woman, ie. by consanguinity, by affinity
and by fosterage (Articles 23, 24, 25, &
26 of P.D. 1083). In fine, mahram can
be referred to as the male traveling
‘companion or escort of a woman who is
related to her within the prohibited
degrees of marriage. In other words, the
above mentioned persons are the parties
80.
who are allowed by Shari'a or Islamic
Law to accompany or escort a traveling
woman. Of course, a husband in this
cifeumstance is a mahrum by reason
of
marriage. God knows best.”
D. Protection Of Non-Mustims In A.
‘Muslim Country (Date
Published: 08 September 20
‘Kuwait Times)
Question: “Iam a Non-Muslim
expatriate. Your PANORAMA column
on Islamic Law prompted me to ask
whether Non-Muslims are entitled to
protection from the Muslim government
of Kuwait in case 2 war breaks out in the
region, ic, the US attack on Iraq,
Lam affraid of a worst-case scenario that
might bring the Muslims into rampage
since all Muslim countries including
Kovwait signified their strong opposition
against any attack on Iraq.”
tke Santitla
Answer: “Under Islamic Jurisprudence,
Non-Muslim residents in a Muslim state
are entitled to protection and security
glfrom the Government (Yusuf Al-
Quradawi, The Lawful and the
Prohibited in Islam). Therefore, you are
entitled to such protection since Kuwait
ig a Muslim state. This kind of
protection is known as “dhimmi”.
Literally, this doctrine is a sort of
obligation or contract imposed upon a
‘Muslim state to protect and secure its
‘Non-Muslim citizens or residents
While you ate perhaps apprehensive,
please do not get the impression that the
life of a Non-Muslim is not safe in a
Muslim society. Almighty God has
safeguarded and declared the life of
‘every human being to be sacred. And
one of the Divine protective measures
thereof is the said doctrine. Prophet
Mohammad, peace be upon him,
threatens anyone who violates this
doctrine with wrath and punishment. He
said, “He who hurts 2 dhimmi hurts me
‘and he who hurts me annoys God (4l-
‘Hadith Al-Tabarani)”. In fine, you can
always invoke this doctrine.”
Fulfillment Or Implementation
Of Obligations Or Contracts
(Date Published: 02 February
2003, Kuwait Times)
ot
Question: “We owned a Many
Recruitment Agency based in Mania,
Recently we signed @ contract with a
certain businessman in Kuwait.
However, before fulfilling his obligation
to recruit workers from Manila through
our agency, he changed his mind and
cancelled our contract. It was a clear
violation of our contract, but we decided
not to take legal action because of his
known connections and influence.
However, we wanted to fight against his
conscience in the hope that he would
realize later the damages he has inflicted
on us. Since he is a Muslim, what do we
invoke as regards this case under Shari'a
or Islamic Law?”
NBK
Answer: “As deeply emphasized under
Shari'a Jurisprudence, obligations must
be fulfilled in letter and spirit (The Holy
Qur'an, 5:1). In our own human and
material life we undertake mutual
obligations, both expressed and implied
Every person who enters into a
commercial or social contract is
expected to faithfully fulfill all
83obligations in the contract he or she has
signed of agreed upon.
In your case, it is an. obligation that
arises from a written contract, which has
Jegal consequences. However, since you
‘opted not to file an action, then you
‘would always invoke on the explanation
presented by Islamic scholars, among
others, ie. cursed is a person who
intentionally and willfully refused to
fulfill an obligation.
For your information, Shari'a of Islamic
Law demands that every man of faith
‘must discharge conscientiously his tacit
obligation. Since your supposed partner
or sponsor is a Muslim, then he must
kmow that truth and fidelity are parts of
religion in all relations of life, In fine,
you can always invoke the
aforementioned explanation.”
F. _ Reverence To Parents (Date
Published: 17 November 2002,
Kuwait Times)
Question: “I am married to my former
employer. Few weeks after our
‘marriage, he has my visa changed from
category 18 to category 22. He said that
it was a show of goodwill and sincerity
From that time on, he started to buy me
‘expensive items, including a simple
house and lot in the Philippines.
‘My problem now is my mother, who is a
fanatic Non-Muslim and the opposite of
my fanatic Muslim husband. Lately she
wrote me a letter advising me to return
to the Philippines and divorce my
husband. Knowing my husband's
‘temper, my mother’s advice is bothering
me because I am sure that he would
divorce me or retake the items he has
given me once he is informed of my
mother's advice, Do you think itis legal
for my husband to divorce me because of
‘this development?”
Marry
Answer: “Although divoree under
Shari'a or Islamic Law is basically in the
hands of the husband, your mother's
advice does not constitute a legal ground
for your husband to divorce you (Article
45, PD. 1083). Such advice is
immaterial in the eyes of the law, unless
implemented or executed. Actually, itis
up to you fo weigh between your
mother's advice and husband's goodwill
8sand sincerity, After all, it is you and
‘your husband who will heavily suffer the
‘consequences, in case you heeded to
‘your mother's advice, Remember it is
‘your marital union that is at stake.
If I may add, Shari’a Jurisprudence gives
a lengthy emphasis as regards the
treatment to one's parents. God forbids
those who distespect their parents
‘whether they are Muslim or not, who are
fanatical to the point of arguing or
interfering in very personal matters like
religion and husband-and-wife issues.
Reverence and obedience 10 one's
parents are a must, but such are limited
‘within the bounds of faith. Moreover,
love and respect to one's parents cannot
compromise the belief to the oneness of
God (31:14-15, The Holy Qur'an).”
G. Secret Marriage (Date Published:
22 December 2002, Kuwait
Times)
Question: “I am a convert to Islam
OFW and holder of visa 18. Last
Ramadhan, my employer proposed me a
marriage. However, he wanted it secret.
Is this legal under Shari'a or Islamic
Law? Please advise me.”
6
Itsme
Answer: “Please be informed that
conducting a marriage without
permission from the bride's wali or
guardian and/or without witnesses is null
and void, therefore, it is illegal and un-
Islamic (Article 15, P.D. 1083, and
‘Maulana Mahad Ahmed Mirpur, Fatawa
Sirat-e-Mustageen, p. 223). Islamic
scholars are unanimous of its invalidity.
Moreover, Shari'a Jurisprudence
recommends that marriages are made
‘open so that everyone in the community,
especially the couple's friends and
relatives are not caught surprised to see
the couple together in private and public
places. You may not know that the
marriage in secrecy creates doubts and
hence goes against the nikaah ot
marriage principle emphasized under
Shari’a or Islamic Law.
Since you are an expatriate, it is to your
advantage for security reasons that you
avoid establishing any secret relation
with your employer. After all, if he is
sincere in his proposal he can easily do it
in the open even with limited number of
a7guests and witnesses just to satisfy the
Islamic requirements.”
H. Serving Liquor To Guests (Date
Published: 05 January 2003,
‘Kuwait Times)
Question: “1 am a holder of visa 18 and
a convert to Islam OFW. My direct
supervisor is a Non-Muslim. At a
Christmas party in his residence, he
requested my assistance to serve food
and drinks to his guests, who are mostly
‘our officemates. And since | am one of
his trusted staff, he assigned me to take
care of serving liquor or wine to the
guests, which I did until the last bole.
Last Friday, my friend from IPC who
has learned about the party I attended
told me that T am partly liable for the
liquor and wine illegal activity because
of the services I rendered, although I did
pot drink even a drop. Is this true? f'm
worried.”
Name Withheld
Answer: “Your friend from IPC is
correct, In Kuwait, the mere possession
of liquot is already a crime, which is
punishable by imprisonment depending
‘upon the quantity found in you. You
‘must be thankful to Almighty God that
nothing happened in that party that calls
for police action, otherwise you could
have been held liable for your tole.
‘The Almighty God cursed fiquor in the
strongest terms. That is why it is
considered a crime per se in Kuwait,
Moreover, Shari‘a Jurisprudence
‘categorizes the persons liable, as
follows: the manufacturer or distributor,
‘buyer, drinker, seller, server, holder or
keeper, carrier or even the beneficiary of
the profits, if said liquor is being
commercialized.
While your intention is good and your
loyalty to your immediate supervisor is
invaluable, your feat to the Almighty
God would have been the paramount
consideration. Please be informed that
although Islam is a friendly religion, it
cannot afford to compromise the Laws
of the Almighty God (Sheikh Abulaziz
bin Baz, Fatawa Islamiyah, Vol. 1). In
your case as a new Muslim, 1 believe
that local authorities are very lenient on
your status and the Almighty God is
‘more lenient to you. You don't have to
89worry, just keep on leaming Shari'a or
Islamic Law
I. Sodomy Or Third Sex (Date
Published: 16 February 2003,
Kuwait Times)
Question: “I am a visa 18 OFW and
ong to the 3" sex people. Recently
my Arab co-worker warmed me of the
jough and stringent laws of Kuwait
against the practice of 3" sex. Is this
rue and what is the penalty under
Shari'a or Islamic Law in case T am
caught in the act together with my
friends? Please let me know. Thanks.”
Name Withheld
Answer: “Your Arab friend is right
Sodomy (3" sex) is one of the repugnant
shameful acts rigidly emphasized under
Shari'a or Islamic Law. During the time
of Prop! upon him, the
Almighty God destroyed his people and
punished them with rible
punishments, ie. tuming their homes
upside down and raining
stones of baked clay, layer by layer
em with
90
Nowadays, most Islamic jurists are of
the opinion that the Penalty for sodomy
should be death by stoning or burning,
They emphasized the punishment se
justified and appropriate, inasmuch as
sodomy corrupts the morals and customs
and violates the natural human state
Moreover, such act abandons the
universal practice of lawful marriage and
damages the moral fabric of the society
In Kuwait, you are lucky that the penalty
is lesser as Shari'a or Islamic Law is not
completely imp! here, Utmost,
the penalty for sodomy is imprisonment
and immediate deportation for
expatriates (Fatawa Al-Islamiya, Islamic
Verdicts, Vol. 6). Please be careful and
discreet,
J. Terrorism (Date Published: 20
October 2002, Kuwait Times)
Question newly converts to
Islam and skilled OFWs assigned in
imadi. In view of the worldwide issue
on terrorism, please let us know th
penalty for terrorism under Shari'a or
Islamic Law since we are taught that
Islam is very much against terrorism,
91terrorism
rebellion
lence for
1 ends,
puting
K. Place Of Burial For Muslims
Date Published: 23 March 2003,
Kuwait Times)
Question: “U our emplo
contrat nployer
ing our bodies to Manila in case we
ie in Kuwait. However, our mandout
old us recently that our employer is no
jonger ation si
uch as we are now Muslims
con slam. He said Muslis
practice are buried in a place where th:
FWs Aldin & R
Answer: “Your mandoub is right, itis
matter of practice that Muslims a
ried in a place where they met thei
fate, especially P im:
dominated area where ther ilities
an tt or
funeral in accordance with Islamic riteYou may not also know that dead
‘Muslims are buried within 24 hours from
the time of death, unless a very
exceptional case occurred or is present
that should be considered (Abu Bakr
Jabir Al-Jaziry, Minhaj Al-Muslim, Vol
2)
In your situation as expatriate, your
contract will stand as I know that the
Philippine Embassy will not issue its
consent for your burial without
permission from your next of kin, And
your next of kin would certainly ask that
your body be brought back to the
Philippines. Although your employer
will probably insist that you be buried in
Kuwait because you are Muslims.
Moreover, since you sought my
brotherly advice, I suggest that you keep
on leaming the teachings of Islam. 1
assure you that in the process you will
realize that your mandoub is right since
Islam avoids burdens and difficulties. It
made everything casier to benefit the
Muslims. For example, Muslims are
buried in simple graves without
omamentation, And before burial, their
bodies are washed carefully and
shrouded with white clothes. Coffins
and other items are considered waste that
94
will not help dead Muslims in any
manner,
Muslims are also encouraged not to
mourn. with ostentation, but instead, to
praise God and to remember that the
deceased will get the reward for his/her
sgocd deeds eared in this mighty world.”
L. Payment Of Debt Obtained By
Usury (Date Published: 07 April
2002, Kuwait Times)
Question: “Iam a visa 18 Overseas
Filipino Worker (OFW). Prior to my
departure to Kuwait, | borrowed Seventy
Thousand Pesos (P 70,000.00) from our
neighbor in the Philippines to cover my
placement fee and other expenses while
in Manila, Although a monthly interest
is not written in the contract, I agreed to
pay an interest of 10 percent per month
effective upon my departure. Since my
salary is low and my family is big, I
have not completed paying the said debt
as of this writing. However, the
principal amount I borrowed had’ been
paid since last January 2001
Last Ramadhan I converted to Islam at
IPC, Kuwait City. In one Islamic lecture
95I attended, I have leamed that my debt
‘was in the form of usury and therefore
un-Islamic, My question is shall 1
continue paying the interest until it is
fully paid or leave it as is, since it is un-
Islamic and there is a Shari‘a or Islamic
Law in the Philippines which prohibits
usury among Muslims?”
Bogart — Hawally
Answer: “You did not specify whether
your neighbor is a Muslim or not. At
any rate, if your neighbor is a Non-
Muslim, you are obliged to pay your
debt until it is fully paid. Your
‘conversion to Islam last Ramadhan shall
not have the effect to extinguishing any
obligation or liability or whatsoever you
may have incurred prior to your
conversion to Islam (Article 179 of P.D.
1083). Otherwise conversion to Islam
will serve as a defense mechanism by
any Muslim convert to do away with
repaying his/her debt under the cloak of
Islam,
Furthermore, despite the usurious nature
of your debt you still have to pay it
considering that the interest rate was
never reflected in the contract. While it
96
is true that Shari'a or Islamic Law is
being implemented in the Philippines,
please be guided that nothing in the
provisions of the Muslim Code shall be
construed to operate that will prejudice
the Non-Muslims (Article 3 (3) of P.D.
1083).
Meanwhile, if your neighbor is a
Muslim, itis enough that you have paid
the entite principal amount of your debt.
You can explain to him or her that Islam
condemns and prohibits usury in the
strongest possible terms (2:275-6,
2:27880, 3:130, The Holy Qur‘an).”
”98
A. Assorted Topies on Shari'a or
Islamic law Published in
Kuwait Times
99Kuwait. Times
The meaning of
Shari’a
9 January 2008
a
By Tomara M. Ayo, Ph.D.
‘Shari'a Lawyer
Q. Whatis 5
Islam makes no distinetion
etween the practice of 1
njoyment of life as not
excluded from religion,
today’s application in
many Muslim
100 olcountries, the scope of Shari'a is
limited to persons and family relations
and distribution of properties. Civil
administration and commercial
transactions are covered by separate
Tegal systems though partly sourced
from Shari'a. It is applicable to both
Muslim and non-Muslim residents in 2
Muslim country or Muslim dominated
region where Shari'a is practiced.
Moreover, Shari’a or Islamic law
strongly influenced the existing. laws
and ways of living of the Muslims
worldwide, ie, 56 Muslim countries
and some one (1) billion people.
Tn the Philippines, Sharia is
contained in Presidential Decree 1083
signed on 04 February 1977, otherwise
known as the Code of Muslim Personal
Laws of the Philippines, aimed at
promoting the advancement and
effective participation of the Filipino
Muslims in the affairs of the state, and
searching for harmonious relations of
all segments of the Filipino nation to
enhance national unity. It is now a part
of the law of the land that covers
persons and family relations, property,
succession and inheritance, and
customary contracts of the Muslim
Filipinos.
102
P. D, 1083 or the Muslim Code of
the Philippines is based on the same
sources and references of Shari'a or
Islamic Law generally practiced by
Muslims worldwide,
‘The Supreme Court of the
Philippines adininisters the Shari'a Bar
examinations. Successful examinees
can practice the Shari'a legal
profession and articulate cases at
‘Shari‘a courts in Mindanao.
Sources:
Abdur Rahman Doi, The Fountain
Head of Shari'a, Zaria, Nigeria
ages 2-16
Diena Abdelkader, Soclal Justice
‘in Islam, USA, 2003, pages 44-46
U Gyrit Glasse, The Concise
Encyclopedia of Islam, London.
UK, page 419
P.D. 1083,
103AUT ca CUES
—
Re-marriage of a
divorced woman
12 November 2006
By Tomara M. Ayo, Ph.D.
Shari'a Lawyer
Q. Aliya is a divorcee OFW who
‘works for a hospital in Kuwait as nurse.
Her Syrian medical doctor proposed her
2 marriage. Unfortunately, Aliya’s
father declines to give his consent
Aliya insisted for the marriage saying
she is a divorcee and therefore, her
father’s consent is not necessary. Is
Aliya correct? Please give me your
advice under Shari‘a or Islamic law.
104
‘A. Aliya is comect. There are
authentic hadiths, which state that a
divorcee does not necessarily need the
consent of her wali or guardian to make
her marriage valid. A divorcee could
stand as wali for her or designate a
‘community or religious leader to stand
as her wali during the marriage
‘ceremony.
‘Therefore, Aliya, @ divorcee can go
con with the proposed marriage of her
Syrian medical doctor even without her
father’s consent
However, itis advisable that Aliya
‘get the nod of her father not necessarily
for the validity of her marriage, but in
due reverence to a parent. Aliya should
‘know that she has only one biological
father and one day, she would realize to
visit her hometown where her father
and loved ones permanently reside.
105Moreover, it will help if’ Aliya
could hire the services of Shara
lawyer oF religious leader to persuade
her father and explain to the latter that
Islam pemits Aliya, a divorcee to
contract mariage even without the
father’s consent,
A father is a father no matter how
hard it is to deal with him,
Only Allah is truly omniscient.
Please send your questions to
‘marshlawyer(@gmail.com
106
ual Ramaslos ‘Kareem
a ‘Mastin Family Law
Pet Sats mer
os Virtues of the Holy
month of Ramadhan
16 September 2007
ustims worldwide
observe fasting during the
Holy month of Ramadan.
‘They fast because they are bound to do,
s0, and the month is Holy because this
is the month when the Holy Qur'an
vwas sent down to mankind as guide
and refererce. Hence, ali Muslims
exert their utmost best to live in
accordance with the Holy Qur'an or
‘observe what is right and avoid what is
wrong as modeled by Prophet
Mohammac, peace be upon him.
107‘The abstinence from eating,
Grinking and marital sexual contact
from sumup to sundown is a mere test
of the Almighty ALLAH in imposing
discipline to mankind. After all, one
can easily find ways to satisfy oneself
in private if one wishes to do so.
However, the essence of this Holy
‘month is its virtues during and after one
has faithfully observed the 30-day
fasting. One should know that fasting
is always coupled with good behavior
and conduct, adherence to the law,
‘moral and social order.
Act of generosity, forgiveness,
oneness, ftiendship and understanding
are some of the virtues of Ramadan that
one should extract and treasure when
the Holy month is gone.
Good behavior and conduct are not
only meant to one’s relations with
one’s family, relatives, neighbors,
officemates, employees and friends, but
to the society in general especially the
lowly members of the society. Family
does not only confine to one’s wife or
‘husband, father, mother, children,
brothers and sisters, but most especially
‘to one’s domestic helper (DH), who is
‘orphaned from her family
108
‘and country just to eam a living despite
Jow salary and exposure to human
abuse,
In Kuwait, one can observe that
tents are set up in every mosque to
‘enable the public break their fast with
sumptuous food offered by the rich
members of the society. Practicing
Muslims. perform many good things
uring this month, especially when it
comes to giving food and helping the
needy public. Because of its utopian
character, many wish that Ramadan
‘would never end as it is an opportune
time for every Muslim to show not only
the virtues of Ramadan, but most
importantly, its spiritual significance,
without which, is like an empty shell
‘without a kernel.
Only Allah is truly omniscient.
Please send your questions to
‘marshlavsyer@gmail.com
109AUG