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Posted By Topic: Is Mashurah (Consultation) from As-Sunnah?

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faruq.as-salafi
10-11-2002 @ 12:00 AM    Notify Admin about this post
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As-Salaamu' Alaikum ya' ahlus-sunnah.

I have a question that calls for gathering of the authentic narrations. In the case of marital nushooz (problems/ discourse) to be specific, there is an ayat of Qur'an, that I have not been able to locate, that someone in defense of it says, the ayat speaks of if marital problems increase, bring forth a spokesperson from both parties/ families, to come to settlement if you truely believe. This takes place in some of the households of the muslims in Cleveland, sometimes resulting biree' (goodness) wa taqwa (and obedience to Allahu'ta'Ala) and other times brings about uncomfortable situations. Is the 'mashurah' in this case from the Authentic Sunnah? There is a book entitled 'Marital Nushooz' whose author I'm not positive who wrote this book, I misplaced it from my library, who mentioned this ayat in the book as a form of marital problem solving, but again, barak Allahu' feekum, please can someone find this ayah an other narrations that support it insha-Allah if there are narrations that support it.


Baarak-Allaahu Feekum - wa sal-Allaahu wa-sallam 'alaa Nabiyyinaa Muhammad,
was-Salaam 'alaykum wa-Rahmatullaahe wa-Barakaatuh.

Abu' Salafi'ayn
As-Salafiyoon in Cleveland

Admin
10-11-2002 @ 12:00 AM    Notify Admin about this post
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This must be the verse you are looking for:

 An-Nisa (4):35

If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allh will cause their reconciliation. Indeed Allh is Ever AllKnower, WellAcquainted with all things.




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aqeel.walker
10-27-2002 @ 12:00 AM    Notify Admin about this post
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wa 'alaykumus-salaam wa rahmatullaah

In reference to your statement: >There is a book entitled 'Marital Nushooz' whose author I'm not positive who wrote this book, I misplaced it from my library, who mentioned this ayat in the book as a form of marital problem solving, but again, barak Allahu' feekum, please can someone find this ayah an other narrations that support it insha-Allah if there are narrations that support it.

The book you are referring to 'Marital Nushooz' was authored by Shaikh Saalih As-Sadlaan and translated into English by Jamaal Zarabozo. Many of us in America are familiar with Zarabozo's deviance from the Salafi manhaj, and his setting himself up as someone on the level of the 'Ulamaa' and so forth. In reference to As-Sadlaan, I was informed by one of our brothers, Moosaa Richardson that Shaikh Rabee' told him personally that As-Sadlaan's books are like those of the Ikhwaan ul-Muslimoon. His books are exactly like Ikhwaanee books. Also, Abu Uwase told me that Shaikh Fawzee al-Atharee told him that As-Sadlaan is an Ikhwaanee. As-Sadlaan lives in Ar-Riyadh and holds a position as one of the heads of the Muhammad ibn Saud Islamic University. He lives near his masjid in Hayy Izdihaar, if I remember correctly.

In reference to the Tafseer of this verse An-Nisaa (4):35, then As-Sa'dee said in his tafseer:

This means, if you all fear a breach between the two spouses, and you fear distancing between them and their separating away from each other, such that each of them is in a state of distress (or hardship), then "send an arbitrator (Hakam) from his family and an arbitrator from her family." This means two responsible, Muslim men, who are just and sane. They should be two men who know (i.e. are aware) of that which is between the two spouses, and they should know the bringing together and the separating of them (i.e. which matter is best). This is understood from the wording "Hakam", because a person is not suitable as a Hakam (arbitrator) unless he has these characteristics. So they should look at that which each of the two spouses is accusing his/her partner of, then they should require each of them to do that which is obligatory. If one of them (the spouses) is not able to do that, they are to convince the other spouse to be satisfied and pleased with whatever is easy of provision and character (i.e. from the other one). And whatever they are able to do to bring the two together and rectify the affair, then they should not deviate from that.

So if the situation reaches the point that it is not possible to bring them together and rectify their matter, except in a manner that leaves enmity, estrangement and disobedience to Allaah, and they (the arbitrators) think that separating them is more appropriate, then they separate them (i.e. force them to divorce). And it is not conditional that the husband be pleased with this. This is just as is proven by the fact that Allaah called them (these two) Hakamayn (literally judges), and the Hakam is one who gives a judgement, even if the one whom the judgement is passed on is not pleased with it."

Tayseer ul-Kareem ir-Rahmaan, pg.177, by Shaikh Abdur-Rahmaan bin Naasir As-Sa'dee (rahimahullaah)

was-salaamu 'alaykum wa rahmatullaah
Aqeel Walker

faruq.as-salafi
10-31-2002 @ 12:00 AM    Notify Admin about this post
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Barak Allahu 'Feekum ya' Aqeel Walker!

Every part of your response is exactly what I'm looking for Barak Allahu' feek. And shukran also for bringing for the author being that he is Jamalu'Deen Zaribozo Al-Eqwaani Al-Mubtadi'.

What if an individual (male) did not want to bring forth hakamayn, and sought to 'bypass' the arbitration and divorce his wife. Would there be any harm upon them? It is clear that the arbitration is better for the sake of not breaking up a marriage but is the male in the wrong, in the eyes of Allahu' Ta'Ala 'Alum for not taking that step?? Please respond insha-Allahu' ta'Ala for the sake of the individuals involved.

Baarak-Allaahu Feekum - wa sal-Allaahu wa-sallam 'alaa Nabiyyinaa Muhammad,
was-Salaam 'alaykum wa-Rahmatullaahe wa-Barakaatuh.

Abu' Salafi'ayn
As-Salafiyoon in Cleveland






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