The following is the translation of a Q&A from Sheikh Abdul Qadeem Zalloom (rh) of Hizb ut-Tahrir.
Question and Answer
These days the people have become accustomed to hiring out halls for
their wedding feasts. These halls are of two types:
First: mixed halls where men and women are invited and they sit
together. When the bride comes from the Saloon they make her sit with the
bridegroom and there are women around them who are mahrams and non-mahram. The
women in such situations usually are adorned and reveal their ‘awrah. They sing
and dance in front of the bride and bridegroom. Men also participate in this.
During the celebrations the bridegroom places adornments on bride’s hands, neck
and ears as the people are accustomed to do.
Second: Halls hired by those who concerned for Islam. One hall for men
and one hall for women. Ie without mixing. But when the bride comes she is made
to sit with her bridegroom together in the woman’s hall. The women, mahrams and
non-mahrams, sing and dance in front of the bride and bridegroom. Some of these
women draw attention to their charms and reveal their ‘awrah. Then the
bridegroom places adornments on her hands, neck and ears as the people are
accustomed to do.
Question:
1- Is all of this Haraam? Ie mixed halls with the
bridegroom sitting in front of the women as mentioned above or has this
affliction become widespread as some Shaykhs say so it is overlooked and
forgiven?
2- If this is Haram will the party punish someone
administratively or is he saved from the punishment and is it enough just to
advise him knowing that there are Shabab who sit with the bridegroom in the
women’s hall. If this is all haram then will the Hizb punish him administratively
is this case different from another?
3- If the person was punished administratively
does this mean his sin has been atoned for and so he will not be punished in
the Akhira. Ie is it like the punishment of the Islamic state which removes the
sin or is it different?
In answer to this we say the following:
1- The mixing between men and women is Haraam. The
evidences for this are extensive. The life of the Muslims during the Messenger
of Allah (saw) and the Sahabah after him expresses this. They are discussed in
a complete manner in social system. Mixing (ikhtilaat) is not allowed unless it
is for a need recognised by the Sharee’ah for which there is a text in the Book
of Allah or the Sunnah of His Messenger (saw) such as buying, selling, silat
rahm etc.
There is no text regarding the mixing of men and women in halls for
wedding celebrations. Rather what has been mentioned in the time of the
Messenger of Allah and his Sahabah is that the women used to sit with the bride
on their own and the men used to sit on their own. Thus, mixing in halls is
Haraam and no exception is made for it. What has been reported with respect to
the wedding feasts is the wedding procession when the woman is taken to her husband’s
house. It is allowed for men and women to take her to her husband’s house and
then the men should separate form the women since this has been the established
during the time of the Messenger of Allah (saw) and he approved of it.
Therefore, the presence of men and women in celebration halls without
separation ie in one hall and not two halls is Haraam. And if the ‘Awrah is
exposed as is the mostly the case in such situations then the prohibition is
even greater. Also forbidden is for the bridegroom to sit with the bride
surrounded by women who are mahram and non-mahram while their ‘awrah is
exposed, which is the prevalent situation these days.
As for the view that the affliction has become widespread; this does not
make the haraam into Halaal. This view is rejected due to the contradiction with
the Sharee’ah. Rather, there are hadiths which praise those who hold onto their
Deen like the one who holds red coal due to the affliction that may be caused because
of holding onto Islam.
The Messenger of Allah (saw) said: ‘A time will come for the people when
the patent on his Deen will be like the one who holds red hot coal.’
2- Ever since the Hizb started it encourages its
Shabab to be pure and God –fearing people. This is a great Da’wah and its
reward is great. This is not deserved by anyone except the one who is great in
his Taqwa, qualified to carry it and seeking Allah’s good pleasure. The hizb is
anxious that its shabab are like the Sahabah to bring back the second Khilafah
Rashidah at the hands of men like the noble Sahabah, the companions of the
Messenger of Allah (saw) who established the first Khilafah Rashidah after the
death of the Messenger of Allah (saw).
3- However, the Hizb recognises that the
occurrence of lapses in people behaviour is something one cannot deny. The Hizb
has studied this matter and taken the view that Sharee’ah violations which are
not more than a lapse in behaviour and does not effect the shab’s carrying of
the Da’wah and does not effect the people listening to his Da’wah, that it is
enough to advise and remind such a person, and to incite his Taqwa and
encourage him to do the Ta’aat (mandobaat) and he will not be punished
administratively.
However, if the Hizb views the violation to be
more than a lapse in behaviour and it comes to effect his carrying of the Da’wah
and people listening and accepting his Da’wah then the hizb will punish the one
who committed this violation with the appropriate administrative punishment.
This is so that the body of the Hizb remains pure and so only the people of
Taqwah and goodness are in its ranks.
For example, mixed studies in Universities where
the women’s rows are not separate from the men’s row are Haraam. However, if a
shab studies in a mixed university but does not walk with female students, does
not deliberately sit with them, he is only interested in his studies and his
relationship with others is restricted to the minimum due to being a student in
a mixed university. Then the Hizb does not see this as crossing the line which
will effect his carrying of the Da’wah or people accepting his Da’wah, rather
when his fellow students see his disciplined behaviour in the university which
does not draw their attention to the fact that he studies in a mixed university
and that it is not allowed, rather they praise his disciplined behaviour
despite the study being mixed and there are women around him. Therefore, the
hizb will not punish this shab administratively for this violation of studying
in a mixed university because after study it found that, if as above, his
action does not effect his carrying of the Da’wah or people listening to it and
they do not view that he has committed a violation which dissuade them from
listening to him, rather they praise his disciplined behaviour while among
women.
However, shab studies in a mixed university and
he finds this an opportunity to walk with female students and chat with them.
This will be punished by the hizb administratively because he is harming the Da’wah
by his behaviour and turning the people away who know his stance due to hearing
his Da’wah.
4- Thus, the hizb studies the reality of every
violation in the above manner. Does it effect the shab’s carrying of the Da’wah
and people listening to it or not? Is it a lapse in the behaviour or has it
gone beyond that? So the same applies to celebration halls. Any shab who goes
to it and the hall is mixed and he does not return but sits there and knows
that the Hizb knows about it. He will be punished because this is Haraam and
effects the carrying of the Da’wah. And the bridegroom which sits with the
bride in a mixed hall where there are men and women. It is haram and the hizb
will punish that person administratively. As for the bridegroom which sits with
the bride in the woman’s hall while the women are around them whether mahrram
or not, this is Haraam. However this Haraam action will be looked into on the
above basis. If the shab does not prolong his presence, he lowers his gaze and hastens
to leave. Then the Hizb will overlook this and will not punishment him
administratively and it will be enough to advise him and to encourage him to
maintain his obedience to Allah. However, if he prolongs his stay and does not
restrict his eyes to one direction but looks everywhere and does not leave except
after a while then the hizb will punish him administratively.
For example, anyone who is a party to an insurance company or he by his
own choice insures something. He has committed a haram which effects his
carrying of the Da’wah so he will be punished administratively. As for if he
insured his car (by compulsion) only to get a licence without benefiting from
the insurance when accident happens. This will not be punished by the hizb administratively
because the hizb does not view the action as harming the carrying of the Da’wah.
In this manner the hizb studies the reality of violations and decides
the administrative punishment.
5- The punishments of the hizb are administrative
only and they do not expiate for the sin in the Akhirah such as the punishment
of the state in Islam. It is there only to protect the purity and discipline of
the Kutlah and to insure that it proceeds administratively in a sound manner. Not
punishing administratively a violation which the hizb views as a lapse in
conduct and does not effect the Da’wah does not mean this violation becomes
halal. No, it remains a Sharee’ah violation. In origin the shab should do the
halal and keep away from the haram due to his Taqwah and not because of an
administrative punishment. But in all cases the shabab must understand in their
minds that the hizb will not accept among its ranks those who will do haram and
effect the carrying of the Da’wah or people’s acceptance of his Da’wah. The
fact that it is overlooked does not change that fact that it is a violation.
Also the administrative punishment does not expiate for the violation in the Akhirah
and it is not the punishment of the Islamic state which removes the sin on the
Day of Judgement. This is because the hadith reported regarding the removal of the
punishment has been mentioned in respect to the punishment of the Islamic
state. So the Messenger (saw) says in the hadith reported by al-Bukhari on the authority
of ‘Ubadah b. Samit: ‘…..the one who commits a violation and is punished for
him then it is a expiation (kaffaarah) for him…’
6- Despite the existence of lapses in conduct from
some of the shabab but generally they are in the first ranks of the Muslims in
their adherence to the rules of the Sharee’ah. And Allah knows the secrets of
His Servants. There are those who do not accept have such lapses for which the
hizb will not punish administrative. I have seen and heard of situations where
one can raise ones head high in thanks to Allah for having such shabab in the
hizb. There are those who undergo the hardships, he goes to and fro, looking
for a Halaal means to get a licence for his car. So he may buy it from its
owner whilst it has a licence and then sell it when the licence ends. And there
are those who refuse to sit with his bride in a meeting in front of non-mahram
women especially while they are revealing their ‘awrah and the women raise a
hue and cry as a result, his mother, her mother, female relatives and distant
relatives but he does not care about them. There are those who refuse to study in
a mixed university where the male student lines are not separated from the
female students, they may miss a year and search for a university which is not
mixed. Such examples are numerous.
In short:
1- The administrative punishments of the Hizb are
imposed for violations which effect the carrying of the Da’wah and effect the
purity of the Hizb body and the people’s acceptance of the shab’s Da’wah.
2- If the hizb takes the view that the violation
does not effect the carrying of the Da’wah, that it is not more than a lapse in
behaviour then the shabab is advised and encouraged to do the mandubaat without
punishing him administratively.
3- In origin the shab should adhere to the Sharee’ah
rules motivated by his Taqwa and not the administrative punishment.
4- The punishments of the Hizb differ from the punishments
of the state in Islam. So the punishments of the state are do not remove the
sin as mentioned in the hadith of the Messenger (saw). As for the punishment of
the hizb they are administrative and they do not remove the sin.
5- Sitting in mixed celebration halls is an action
for which the shab will be punished administratively. If the shab is invited to
a wedding feast and he goes there and find that it is mixed, he should return
immediately and not care what the people will say even if that caused
difficulty.
6- The bride groom sitting with the bride in a
mixed hall full of men and women is Haraam and the hizb will impose an administrative
punishment for this. However, if the bridegroom sat with the bride before
mahram and non-mahram women in the women’s hall, did not prolong his presence,
he lowered his gaze and put only some of the customary adornments on the bride
and left after a short while; he will not be punished administratively. This is
if he had committed a haram which is not more than a lapse in behaviour and
does not effect the carrying of the Da’wah according to the reality mentioned
above. But if he did not sit in this
meeting and he limited it to a small selection of mahrams and relatives without
revealing their ‘awrah then this is better then the previous example. And if he
restricted himself to the Mahrams then he is competing for the good and
stopping at the Hukm of the Sharee’ah and he will be from those whom Allah
described: ‘they are never afraid of the blame of the blamers.’ [5:54]
But if he lengthened his presence while sitting
with his bride in front of women who are mahram and non-maharam especially if
their ‘awrah is exposed and he did not lower his gaze and his eyes fell on that
which Allah forbade then he will be punished administratively.
7- We will not go and inquire from the bridegroom.
And if the matter was known we will take his statement and his judgement of the
reality in the aforementioned way. We will not spy on him or check his report.
Rather we will take his statement in trust and honesty without inconvenience or
difficulty but with compassion and careful to protect the purity of the hizb.
8- We do not wish to spoil the joy of the bride
and bridegroom. Rather we want a pure celebration free of any blemish which
angers Allah and His Messenger. May Allah grant them both the ability to build
a good and wholesome family.
I know violations that take place in wedding
feats is something the people have become accustomed to and they are surprised
by those who do not adherence to the customs which violate the Sharee’ah. But
the Da’wah carrier must not see tradition as the judge but it is the Sharee’ah
which is the judge. So let him adhere to the Sharee’ah not care about the blame
that will fall upon him.
I want the shabab to know this so that the hizb
retains the Taqwa and is pure, they are to be found in the places of goodness
and not the places of evil. They are motivated to adhere to the rules of Allah
by the fear of Allah and desiring His Good Pleasure and Jannah and not fear of
any administrative punishment.
I like to hear good of you and from you and so
perhaps by us drawing closer to Him (swt) that Allah will hasten his Help and
honour us with His victory. He is the One from whom we seek help and on Him we
trust.
Your brother
8/8/2003
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