Chapter 21 of 39 9 min read

Part 21

الجزء الحادي والعشرون

When Muhammad objected, Malik warned him that he would flog him if he insisted on his objection. On

hearing that Muhammad disclosed, "If you do, you will be a tyrannical ruler. However, I prefer humiliation

in this world over the torment in the world to come."

Wahb Ibn Manabah said, "The more just the ruler is, the more blessing on his people Allah will

A worker wrote to `Umar Ibn `Abd AI-`Aziz, "O 'Umar! The city of Hims has been destroyed and

therefore it is in need of rebuilding." `Umar (may Allah be pleased with him) replied, "Fortify it with jus-

tice and clean its roads from oppression."

However, the scholars of Islam state that the judge should not utter a judgment when he is angry,

anxious or nervous. Furthermore, if a man of ignorance or immorality is appointed to be a judge, he should

resign and leave the office.

{And do not eat up your property among yourselves for vanities, nor use it as a bait for the judges, with

intent that ye may eat up wrongfully and knowingly a little of (other) people's property.}

Muslims are prohibited to bribe a judge or a public officer to unfairly obtain a decision in favor of one's

self against a rival or to unlawfully consume the property of others while they are aware of the prohibition

On the authority of Abu Hurairah (may Allah be pleased with him) that the Messenger of Allah (pbuh) said,

"Allah's curse is on the one who offers the bribe and on the judge who accepts it." 1

On the authority of 'Abdullah Ibn 'Amr (may Allah be pleased with him) that,

"The Messenger of Allah (pbuh) cursed the one who offers the bribe and the one who receives it."2

However, the Muslim scholars affirm that bribery is prohibited when it is aimed at consuming other's

property or rights unfairly. Thus, if someone finds himself in a situation in which all avenues of redressing

a wrong done him, or recovering a right which has been forfeited, are blocked except through the payment

of a bribe, the sin of it will not be on him but on the recipient of the bribe.

Another narration of the hadith explains that

"The Messenger of Allah (pbuh) cursed also the one who arranges for the payment of a bribe. "

Furthermore, what is mentioned above concerning the ruling of the one who offers a bribe applies to

the one who arranges it, i.e., if it is aimed at obtaining fair ends, he would be sinless; and vice versa.

Gifts to officials are a form of bribery. Abu Umamah AI-Bahli (may Allah be pleased with him) said

that the Messenger of Allah (pbuh) said,

"Whoever intercedes on behalf of his brother and therefore he offers him a gift, it would be nothing other

than a grievous usury." 3

Ibn Mas'ud (may Allah be pleased with him) said, "To accept a gift from your brother because of

fulfilling his need is the precise meaning of consuming the forbidden things."

Once Masruq asked Ibn Zyad to assist him in removing a wrong inflicted upon him. Having assisted him,

Masruq offered Ibn Zyad a slave as a gift. Zyad, on his part, rejected the gift saying, "I have heard Ibn

Mas'ud say, 'Forbidden is the gift offered because of removing a wrong from a Muslim.) "He wondered, "O

Abu' Abd AI-Rahman! Is not bribery restricted to offering a bribe to judges!" He replied, "This latter is a

Once, a Christian man came to Imam Abi 'Amr AI-Awza'i (may Allah bestow mercy on him), who was

living in Beirut, complaining of the ruler of Ba'labak and asking him to send to the ruler ordering him to

stop from doing wrong to the Christian man. However, the Christian man brought with him a bottle of

honey as a gift to Abi 'Amr. Therefore, Abi 'Amr commented, "If you wish I would refuse your gift and

send to the ruler of Ba'labak ordering him to stop from oppressing you; and if you wish I would accept your

gift. Imam' Abi 'Amr send to the ruler of Ba'labak to reduce the amount of Kharaj (land-tax) from the

Christian. Consequently, the Christian took the letter and his bottle of honey and traveled to the ruler of

Ba'labak. Having read the letter of Abi ' Amr, the ruler reduced 30 Dirhams from Kharaj of the Christian

Mentioned by A1-Haithami in in Magama' Al-Zawa'd.

33) Women Imitating Men and Vice Versa

The Messenger of Allah (pbuh) declared,

"Allah curses men who imitate women and women who imitate men."1

"May Allah curse the masculine woman." 2

It means that the woman who behaves like men. He (pbuh) also said,

"May Allah curse the effeminate man and the masculine woman." 3

On the authority of Abu Hurairah (may Allah be pleased with him) who said that the Messenger of

"Allah curses a woman who wears a men's clothing and a man who wears a woman's dress."4

When woman wears a man's clothing, she will incur Allah's curse upon herself and her husband as

long as he does not rebuke her or try to discipline her character. The husband, in Islam, is responsible about

disciplining and teaching his wife as the Glorious Quran commands,

{O ye who believe! Save yourselves and your families from a fire whose fuel is men and stones.]

The Messenger of Allah (pbuh) stressed this fact saying,

"Each of you is a guardian and responsible about his subjects: The man is a guardian over his household

and will be asked about them on the Day of Judgment."5

"Men would be perished because they obeyed women (in vanity)."6

Abu Hurairah narrated that the Messenger of Allah (pbuh) said,

"!t will not be a witness for two types of people who are destined for the Hell-fire: People with whips like

the tails of cows, who beat the people (i.e., tyrannical rulers who are the enemies of their own people), and

women who although clothed, are yet naked, seducing and being seduced, their hair styled like the tilted

humps of camels. These will not enter the Garden nor its fragrance even reach them, although its fragrance

reaches a very great distance." 7

The hadith depicts these women with clothed and naked ones meaning that although they are

clothed by Allah's gifts, they are naked because of their ingratitude. Other scholars hold that the Messenger

of Allah (pbuh) described such women as being clothed, yet naked, since they wear clothes which fail to

cover the body and which are transparent, revealing what is underneath.

Such women are further described as seducing and being seduced, meaning that they behave and walk

in seductive and sensuous manner. They disobey Allah and call others to do so.

The Messenger (pbuh) likened their hairstyle to the humps, special breed of camel which has very

large humps, because they put up their hair in a beehive shape from the middle of their heads.

Nafi' said, " Once Ibn `Umar and 'Abdullah Ibn `Arnr were sitting with Al-Zubair Ibn `Abdul-Muttalib

when a woman driving a flock of sheep and shouldering an arrow came to them. 'Abdullah Ibn `Umar

asked, "Are you man or woman?" She said, "A woman." Thereupon 'Abdullah said to his companions,

"Surely, Allah curse the women who imitate men and men who imitate women."1

Thus, the display of women's attractions is a cause for incurring Allah's curse. This display may take

various forms like exposing the ornament such as gold and pearls from under the head-covering, wearing

revealing and sexy clothes, using of fragrant perfumes, etc. unfortunately, most of women today are

accustomed to these immoral fashions.

By the same token, the Messenger of Allah (pbuh) stated,

"I looked at Hell-fire and saw the majority of its inhabitants are Women. "He (pbuh) disclosed further, "I

left no harmful trial to men than women."2

34) The Pimp and the One Who Permits his Wife to Fornicate

"The adulterer cannot have sexual relations with any but an adulteress or an idolatress, and the adulteress,

none can have sexual relations with her but an adulterer or an idolater; to the believers such a thing is

On the authority of 'Abdullah Ibn 'V mar (may Allah be pleased with him) that the Prophet (pbuh) said,

"Three persons shall not enter Paradise: The one who is disobedient to his parents, he who lets his wife to

fornicate with another, and the woman who imitates men."1

"Three persons are prevented from entering Paradise (by Allah): The drunk, the one who is disobedient to

is parents and the pimp who supports the immorality of his wife."2

Someone who suspects his wife if indecency but pretends not to know because he loves her is not as

bad as someone who actually pimps for her. There is no good in a man without jealousy for his rights.

35) Marrying Solely to Return to the Previous Husband

Ibn Mas'ud (may Allah be pleased with him) said that

"The Messenger of Allah (pbuh) cursed the man who marries a women after her divorce solely to permit

However, this ruling comes in accordance with the opinion of all men of profound knowledge like

'Umar Ibn AI-Khattab, 'Uthman Ibn 'Affan, 'Ali Ibn Abi Talib and the jurists of the successors. It is

reported also by Imam Ahmad in his Musnad and Al-Nasa'i in his Sunan with sahih transmission.

Ibn 'Abbas (may Allah be pleased with him) said that the Messenger of Allah (pbuh) was asked about

the ruling of the one who marries solely to permit the first husband to return to his divorced wife,

"No (it is not a legal marriage), the legal marriage should be founded on wish and desire. No marriage is

permitted which is based on deception or contradiction to Allah's Book. Satisfaction of sexual desires is a

'Uqbah Ibn 'Amr said that the Messenger of Allah (pbuh) once asked, "Would I tell you about the hired

billy goat?" "Yes: O Messenger of Allah!" the people said. He (pbuh) explained,

"It is the one who marries solely to permit the first husband to return to his divorced wife. Verily, Allah

Most High cursed this one and the former husband as well."3

Once a man said to Ibn 'Umar (may Allah be pleased with them) "I have married a woman with the

intention of permitting her first husband to remarry her. However, I have done so without the knowledge of

the previous husband and he did not command me to do this. Is there any wrong?" Ibn 'Umar (may Allah be