The Laws of Islam

[AngelK96 0]

shokran for allowing me to participate in your muslim debate

[Sofiyya 1,687]

Anytime!

[mellaliya 0]

I totally agree and you know, someone mentioned orfi weddings. They're haram!

[Mrs. Forgetful 2]

I totally agree and you know, someone mentioned orfi weddings. They're haram!

I'm trying to figure out what the heck an Orfi wedding is? I have never heard this term. Can someone please explain? Thanks!

[noura 0]

I totally agree and you know, someone mentioned orfi weddings. They're haram!

I'm trying to figure out what the heck an Orfi wedding is? I have never heard this term. Can someone please explain? Thanks!

i was wondering too.... if it's haram, it must not be a legal marriage .

[~Jackie~ 30]

Mrs Forgetful, I love that you always ask questions!

This issue of orfi marriages is going to be a heated and long debate. Pay your bills, stock up on refrehments and strap yourself in. I have been on vj a long time and not too many topics will take off like this one.

I admit I don't know much about it either. I am sure we will learn today! It might need it's own thread tho'.

Jackie

Edited September 16, 2006 by jmagayreh

[noura 0]

Mrs. Forgetful, google it, I just did...you'll get some interesting hits and information.

[amal 4]

I don't know anything about it...never heard of the term...I wouldn't mind knowing about it..but I'm afraid it's not going to be pretty.....

[~Jackie~ 30]

I googled it. And learned that Saudi men use it when they vacation to Egypt. Whatcha all learning?

Jackie

[Veiled Princess 1]

I totally agree and you know, someone mentioned orfi weddings. They're haram!

I will ask you the same as I asked the other person who issued this fatwa in the past.... can you please provide us with proof from the Quran and Sunnah that registration with the local government is a requirement for a valid marriage in Islam?

Thank you in advance.

[JElsafty 0]

So are ya'll saying the contract marriages that many of us had to do to even see our men are orfi?

[Sofiyya 1,687]

I thank you all for your patience waiting for a response. I conquered my family last night in bowling, got a great night's sleep and had a wonderful breakfast as I spoke with my husband on the phone.

The question by Laya, who had an urfi marriage, is an attempt to try to derail the discussion. What she is asking for are direct statements that require state regulation of marriage, but, because she has little knowledge of how Islamic jurisprudence is formed, she believes that an inability to provide an explicit and direct command to do so will negate my position against urfi marriages and allow her to claim that they are halal. Not so.

Islamic law is in intricate business that is composed of far more than explicit quotes from the Quran and the Sunnah, and she knows that. For example, she may argue that headcovering is mandatory, but there is nothing in the Quran that explicitly commands headcovering/concealing hair, or for that matter, any particular style of dress. Therefore, the Sunnah is employed, and the most popular hadth cited is weak with a broken chain. Thus, the rulings from mortals directing that women's hair be covered are primarily interpretations based on tradition, commands for modesty and how modesty was defined in the early societies that defined the issue. There is no punishment in sharia for not wearing headcovering or a specific mode of dress, but there are those who will say if you do not, your piety will suffer and you will go to hell.

The issue of urfi marriage is a controversial one and it is complex, requiring an examination of history, legal methodology, tradition and culture, for sometimes, Islam is the last consideration made when establishing law and precedent. So, the first thing I must do is give you a background of how law is formed, its elements and sources, and the most common methodologies and considerations from sharia and extra-shariac.

I will return soon to begin with that portion of the discussion.

Edited September 16, 2006 by szsz

[Sofiyya 1,687]

PS - Misyar is another name for urfi marriage, if you would like to google that term as well.

[Veiled Princess 1]

So are ya'll saying the contract marriages that many of us had to do to even see our men are orfi?

Yes that's what they are saying is haraam. Basically they are calling every sister here with that contract, a fornicatress.

I don't read SZSZ's posts and my question was not directed at her... it was directed at the other one who declared it haraam. I already know SZSZ will not or can not provide the proof from either source.

I ask again for proof from the Quran or Sunnah that it is required to register it with the government to make it valid.

[Sofiyya 1,687]

I will begin to add basic knowledge to so that we all can know the term and concepts used. Layla, because she has me on ignore, will miss a lot of this, so someone may want to clue her in so she will learn as well that little of Islamic law is simply about what is explicitly in the Quran or Sunnah. The Quran is only about 10% law, and, in conjunction with the Sunnah of the Prophet, it makes up the sharia, which is then discerned by qualified scholars who have studied specific areas of law. Few know it all.

This is not "boyfriend Islam", i.e., whatever your SO tells you about Islam is what you believe.

I am not here to lecture; please consider this exercise to be interactive. Also, do not accept all that I say at face value. I expect you, challenge you, to check out anything you are wary of or want to know more about. Some do not want to do the work and would rather scoff, insult, and call me names, but to those who make the effort, Allah will reward you. That is His promise, not mine.

The Quran: aka the Sunnah (traditions) of Allah, the Holy and Indisputable Word of God for all believing Muslims.

The Sunnah of the Prophet: There are several separate collections of ahadith of the Prophet Muhammad. The two considered to be the most authoritative are the collections of Al-Bukhari and Muslim. Others are also used.

These are the two primary sources of Sunni Islamic law. Together, through their authority, derives the:

Shari`a, the immutable divine law as ascertained by mortals.

Fiqh: often confused with sharia, is the use of prescribed methodologies to discern the divine law. It is the mutable compilation of man's knowledge of God's law.

Madhahib: the guilds of Islamic jurisprudence, the schools of thought in religious law, each known as a madhab. At this time, the four most prominent schools in Sunni Islam are the Hanafi, Maliki, Shafi'i, and Hanbali, each of which are prominant in some area of the Muslim world. In the west, we tend to pick and choose among them.

In Islamic jurisprudence, there are five legal qualifications of acts, known as the ahkam:

Wajib or fard: these are acts that are compulsory or binding on a believer. Examples include, but are not limited to, daily prayer, observation of Ramadan rites, and zakat (charity).

Madub or Mustahabb: recommended, but not essential acts.

Mubah: religiously neutral acts, neither forbidden nor recommended.

Mukruh: disliked, but not forbidden acts.

Haram: forbidden act

In addition, halal are the allowed acts.

More to come . . .

Edited September 16, 2006 by szsz