FADILATOU SHEIKH AL-ISLAM
ELH. IBRAHIM ABDULLAH NIASS (RA)
AL-FAYDATOU TIJANIA - BOROM JAMANO
FADILATOU SHEIKH AL-ISLAM
ELH. IBRAHIM ABDULLAH NIASS (RA)
AL-FAYDATOU TIJANIA - BOROM JAMANO
SAHIB AL FAYDA MAWLANA FADILATOU SHEIKH AL ISLAM ELH. IBRAHIM ABDULLAH NIASS (RA)
Fadilatou Sheikh Al Islam Elh. Ibrahim Abdullah Niass (RA) [1900-1975] was West Africa’s most renowned Islamic scholar in the twentieth century. His followers numbered in the millions and comprised the largest single Muslim movement in West Africa (Hiskett, 1984). He was also well-known among the ulama and leaders of the broader Muslim world and a member of such organizations as the Muslim World League (Rabitat al-‘Alam al-Islami based in Saudi Arabia, of which he served as Vice President), the World Muslim Congress (Mutamar al-‘Alam al-Islami; Karachi, Pakistan), the Islamic Research Assembly (Majma’ al-Buhuth al-Islamiyya; Egypt) and the High Council of Islamic Affairs (Majlis al-‘Ala li al-Shu’un al-Islamiyya; Egypt). Following a trip to Cairo, Egypt, in 1961, he became widely known as “Sheikh al-Islam” after having led the Friday prayers in the prestigious Azhar Mosque.Sheikh Ibrahim also maintained close relations with several prominent leaders in the independence movements during the 1960s, such as Kwame Nkrumah (Ghana), Ahmad Sekou Touré (Guinea) and Gamal Abd al-Nasser (Egypt). He campaigned tirelessly for governments to respect the rights of Muslims and the oppressed world-wide. He spoke out on several international causes, such as Israeli aggression toward the Palestinians, but he was also interested in interfaith issues and maintained good relations with Vatican representatives. He also became involved in social concerns, stressing racial equality and the rights of women. In regards to the latter, the Shaykh encouraged women to “compete with men in knowledge.”Sheikh Ibrahim Abdullah Niass was born in rural Senegal, the son El-Hajj Abdullah Muhammad Niass. El-Hajj Abdullah (RA) represented the culmination of a long line of Islamic scholars in the Senegambia region, and was himself a well-traveled and consummate
Sheikh, attracting students from all around the region as far away as Mauritania. Sheikh Ibrahim was educated primarily at the hands of his father, with full access to his father’s extensive library. Sheikh Ibrahim mastered at an early age from his father the full range of Islamic sciences: the Qur’an and its interpretation, the Hadith and their explanation, jurisprudence and Sufism.In reference to his educational background and achievements, Sheikh Ibrahim said, “I learned Qur’an and Hadith first from my sheikh, my father, and he, from his father. I received an ‘ijaza (diploma from the majalis al-’ilm) first from my father in both Qur’an and Hadith, then from Abdur-Rahman b. alHajj-1-’Alawi (Mauritania) and another ‘ijaza from Sheikh Ahmad Sukayrij (Morocco) who himself had earned some six hundred ‘ijazas from six hundred different shaykhs whose names are mentioned in his book, where he writes, ‘The first one to whom I gave authorization in all these chains of transmission was the Khalifa al-Hajj Ibrahim Niass.’” Sheikh Ibrahim once said concerning his scholarly credentials: “What I have in the way of ‘ijaza and muqaddam authorizations would indeed fill a book.” As for the content of his teaching, it was nothing more or less than the Qur’an and the Sunnah of the Prophet Muhammad (SAW) and its revitalization. Throughout his life, the example of the Prophet was his means and end. Sheikh Ibrahim used to say, “If the best of mankind, the Prophet is moving, even I shall follow him step by step; and the day he stops from there I shall never move.” Elsewhere in a poem, Shaykh Ibrahim wrote, “If I am asked, what is your madhhab (school of jurisprudence) and who is your beloved, I can answer that it the Prophet, and none other.”Sheikh Ibrahim was the best example of a Sufi according to the description “The Sufi is the son of his hour (ibn waqtihi).” He will respond to the needs of the time. At every moment he is dealing with the requirements of that moment. The Muslim who is greatest in understanding is he who submits to the rule of his hour. That is, he gives everything the position it requires in action and speech. He is a person moving with time in a circle. He does not attempt to stop time, not to become stagnant in it, nor to regress in it. His effort is aimed at continually moving forward. In the season of Ramadan he reads Qur’an and Hadith and presents their explanations. In the season of Hajj, he expounds the virtues of the Muslim pilgrimage. At the time of Mawlid, he recites the Prophet’s Seera or Biography.All of this behavior characterized the Sufism of Sheikh Ibrahim. It was based on action and practice, traveling all over the Muslim world, giving speeches, writing pamphlets. In every endeavor, his goal was to direct Muslims to the right path (siratul mustaqim). Sickness did not bother him unless it halted his activity in behalf of spreading Islam. Indeed, his tasawwuf was not characterized by heedlessness and neglect (ghafla). It was based on real Islam, mastering the self (nafs) and ruling over it with Qur’an and Sunnah. His Sufism was producing and working in various fields of life on the farms, and so forth.
In a speech in the 1960s, Sheikh Ibrahim addressed a group of Muslim youth and said, “For the youth, I thank you all for your papers. And I am here to tell you to go ahead and be in the vanguard of things. Surely the future of every nation is based on its youth. But it is not based upon all of them, not upon every individual, but only on the intellectual ones, the educated ones with good character, good manners, and zeal. As for the youth lacking education and good character, he is like a seed unfertilized. So make every effort to seek and do your best to acquire more knowledge, not only Islamic knowledge, not only mathematics and its branches, but also be part of and cooperate with those whose zeal is to discover the unknown and unseen things of this world.”
Throughout his life, Sheikh Ibrahim’s character was based on the Qur’an and the Sunnah of the Prophet, a fact verified by prominent Muslim leaders who knew him. For example, we note in the letter of Sheikh Muhammad al‑Hafiz al‑Tijani – the Egyptian who was known as the foremost man of Hadith in his age – the words:
“Praise belongs to Allah, after Allah has blessed us by binding us in love: this humble servant Muhammad al-Hafiz al-Tijani and the Hujja, the cornerstone of the religion, the sea of confidence, the believer in Allah, my brother and the brother of my spirit, my master Abi Ishaq, Sheikh Ibrahim ….”
In his greeting, it is important to note that Sheikh al-Hafiz uses the word Hujja, or “the proof”, as a form of address. The scholars of hadith have ranked the scholars who work in this field. Each rank has a specific name. For example, the muhaddith is the narrator of hadith who reads traditions based upon narration and report. The hafiz has memorized hadith to the number of one hundred thousand along with their explanation. But the Hujja has memorized three hundred thousand hadith with their explanations and chains of transmission from the Prophet. Likewise, a 1961 letter from the Secretary General of the Muslim World League in Mecca, the late Sheikh Muhammad Surui Al‑Sabban, addresses Sheikh Ibrahim as follows:
“The Owner of Virtue, The Member of the Islamic Conference, Brother Sheikh Ibrahim Niass well‑respected, Assalamu Alaikum. Peace be upon you, and the mercy of Allah, and His Blessing be upon you. The pioneers have left the Hijaz, along with the propagators of the religion. They also left with the jurisprudence/understanding (fiqh) of the Hijaz, and now it remains with you, Sheikh Ibrahim. The old style of reading the Qur’an has also left the Hijaz, but you have remained reading the word of Allah with this same style of Hijaz, the style of Nafi Mawla Abi Nu’aym. Indeed, you are of the real people of Medina in both Fiqh and Qur’an. These are the proofs of your steadfastness, and it is not the pride from within me, but the pride is for you and by Him. You have believed and steadfastly you have protected and spread the religion and become victorious.”
This speech was delivered by Sheikh Ibrahim for the celebration of the Prophet’s Birthday (Mawlid) in Medina-Kaolack, Senegal on July 19, 1965.
Praise be to Allah, who has honored and favored us by sending our master Muhammad to us. Allah’s prayer and peace is upon him, now as it was with the previous generations. On his account, Allah said, “And We have not sent you (O Muhammad) except as a mercy to all the worlds” (21:107). Through him, Allah gave us the gift of His revelation, His clear path for those striving for righteousness. With him, Allah has sent the religion of truth, “so that He may exalt it above all religions” (61:9).May the peace and blessings of Allah be upon him, upon his family, upon his virtuous companions, and upon all those who follow him to the Day of Judgment.
On this occasion of the Mawlid – the remembrance of the birth of light itself, the eye of bountiful deliverance in this world and the next – let us renew our attachment to the faith of Islam, the everlasting religion of Allah. Indeed, Allah’s satisfaction lies in our refusal of anything other than Islam. As in the Qur’an, “He who follows another religion besides Islam, his religion will not be accepted of him” (3:85).
Islam is the belief in One God. The resignation to the Will of Allah is the realization of justice among the people. The Qur’an reveals that all of the Prophets of Allah have used the same word to describe their religion: al-Islam or “submission.” Islam is surely the universal religion, encompassing all the other religions. The stains of man cannot obscure or modify its essential beauty. Islam was the belief and method of worship prescribed for Abraham, Moses and Jesus Christ. Its meaning has not changed: release yourself into the worship of Allah, and do not divide yourselves to its purpose. As for those religions the Qur’an mentions as having been altered by later followers, these religions had already become irreparably distant from the essential truth of Islam before becoming nullified by successive revelations. The last revelation, which abrogates the previous revelations, is the religion of Muhammad. “This community of yours is one community, and I am your Lord, so worship Me!” (21:92).
This is the refuge we are offering to the whole world – Africans, Europeans, Asians, Americans – “Let us come to an understanding between us and you, that we should not worship anything apart from Allah, and that we ascribe no partners to Him and take no other protector besides Him. If they turn their backs on this, tell them: ‘Bear witness that we have submitted to Allah as Muslims’” (3:64).Islam’s doctrine is simple, and its principals are not limited by a particular time or place. Indeed, there is nothing worthy of worship apart from Allah. Muhammad, Allah’s peace and blessings upon him, is Allah’s servant and messenger. All human beings are equal: there is no privilege for the white man over the red, yellow or black man except by righteousness (taqwa). Righteousness, as the Qur’an says, is simply to obey the commands of Allah and to avoid His prohibitions.
Islam emphasizes the importance of the family, for its rights are inextricably bound to the society and world at large. Islam has clarified for us all social relations, from the individual’s duty to himself, to his duty to his family, to his society and to the government.Incumbent on each individual, whether man or woman, is good conduct and manners (ādāb). The Prophet said, “The most perfect of believers is the most perfect in manners.” Allah Himself praised His Prophet by saying, “Surely you have the most exalted of character” (48:4). And Aisha said, “His character was the Qur’an.” His behavior is an example for other men, and all creatures. A good Muslim strives to improve his character, and to benefit his fellow man.
In Islam, the basis of familial relations is love and leniency. Allah says, “Among His signs is that He has created for you a pair from yourself, as source of tranquility, placing between you (husband and wife) love and leniency” (30:21). Allah also said, “Your wives are a garment for you, and you are a garment for them” (2:187). And He said, “Wives have rights the same as those invested in their husbands …” (2:228). However, “Men are the protectors of women” (4:34). This pre-eminence relates to men taking care of women and their administration of the family, a function indispensable in the family unit as with other associations.Islam regards society as the reunification of the members of the same body. For this reason, Muslims must be preoccupied with the welfare of the needy and the poor, providing assistance to them through charitable endeavors. Allah said: “Provide assistance to each other, for the sake of righteousness and the awe of Allah” (5:2).
In relation to authority, Allah says, “Their affairs are determined by mutual consultation” (42:38). Allah sets the standard for those in authority with the example of the Prophet: “With the grace of your Lord, you have been conciliatory and easy with them. If you had been rude or hard of heart, they would have detached themselves from you. So look past their faults and forgive them. Consult with them in matters, and when you have decided, seek the support of Allah” (3:159).
Our Lord is One. And we are all descendents of the same person: Adam. O Muslims of the East and the West, let us value this immense treasure. It contains all we need for peace, prosperity and progress. There is no safety, no salvation and no peace for the one who does not attach himself to this single rope of Allah. “Hold to the rope of Allah in unity, and be not divided among yourselves” (3:103). And the best of advice comes from him who has first followed his own advice, for it is impossible to instruct others before first instructing yourself.
O People of Islam! Those of us who have left the principals of our religion to ape the customs of non-Muslims have met with ruin. Materialism can only feed the ego, not the spirit; and without the spirituality of Islam, there is only devastation. In this time especially, let those who believe make their hearts humble before Allah and grateful for the truth He has sent down. Let us not be like those who received the scriptures of old, but were impatient with the decree of Allah, and their hearts became hardened and corrupt.The Muslim community flourished in the beginning of its history because it followed the prescriptions of the Holy Qur’an. And Allah does not change the state of a people until they change their own internal condition (13:11). If we are to protect ourselves from the manifest threats to our communities looming on the horizon, we must revisit our past methods. Let us be united under the banner of mercy and benevolence to attain the security of the two abodes.
The call to Islam, by giving sincere advice and discouraging ugliness and injustice, is obligatory on Muslim preachers. And what a blessing it is for such preachers to emerge to from an entire community of Muslims calling to goodness, cooperating in righteousness and benevolence, and prohibiting injustice and transgression.
In a hadith related by Ali, the Prophet said, “What would become of you if your daughters should become spoiled and your wives debauch?” His followers asked, “O Messenger of Allah! How could that happen?” The Prophet said, “This and much more will befall you if you allow the blameworthy to become virtuous and the virtuous to become blameworthy.”
It is reported by Abu Dawud and al-Tirmidhi that Abu Sahlaba asked the Prophet about the verse: “I recommend you to your purified selves.” The Prophet said, “Commend and assist one another with the good, and prohibit the bad. If avarice is obeyed and lust followed, the world will be turned upside down, and everyone will be amazed at what he will see. I recommend you to your purified selves.”
It is obligatory to send Muslim missionaries to exemplify Islam to the non-Muslims. For those who say such is contrary to Islam, consider the hadith of Umar ibn ‘As in al-Tabarani. The Prophet said, “Similar to Jesus sending out his apostles, I am sending out Muaz Ibn Jabal, Salim Abi Huzayfa, Ibn Mahbir and Ibn Mas’ud.” A man said, “Are not Abu Bakr and Umar better suited as missionaries?” The Prophet answered: “But I cannot do without them, their place with me is as the sight and hearing to the human body.”
Muslims, particularly the scholars, must take up this mission to call all human beings to what will benefit them. For indeed, a day is coming when fortune and children will not benefit a person, and only he who comes before Allah with a clean heart will be saved (26:88-89).
Rulers of the Muslim world must do their best to realize the unity of the believers, both in speech and action. The ranks of the Muslims must not exclude any one on the basis of race or skin-color. To be related through religion is above all other relationships. Islam condemns all racial and tribal divisions.
I invite all the rulers of the world exercising authority over Muslims, whether they themselves are Muslim or non-Muslim, to avoid implementing measures in contradiction with the Noble Qur’an. Muslims will never support an action undermining the honor of Islam. These rulers must enact severe penalties for those practicing usury. Allah has made commerce lawful but has prohibited usury, warning that He will nullify its gains, and multiply the fruits of charity (2:276). Usury holds no benefit in the next life, nor does it provide any benefit to the economies of nations here and now.
O Muslims! Many people in Africa and Asia have become newly independent from colonial domination. But national sovereignty does not guarantee them any stability. Oppression and injustice still infect their societies, without Muslims being able to escape. Some Muslims have been so nauseated by the situation that they have even preferred to be ruled by non-Muslim governments. However, the inequality and injustice against which they are revolting cannot be ascribed to Islam itself, but only to reactionary leaders far from the true principals of their religion.
I pray that Allah preserve the Muslims from the misdeeds of the unjust. The Prophet, as reported in Bukhari, said, “There are three types of injustice: that which is never forgiven by Allah, that which can be pardoned by Allah, and that which Allah never fails to redress.” The injustice which is never forgiven is shirk, or associating partners with Allah. The injustice which Allah may pardon is that committed by servants against themselves in leaving the prescriptions of Allah. The injustice which Allah never fails to redress is that committed against one’s fellow human being.
Beware of injustice, for if it persists, it can only bring destruction. A believer can live for a long time with those of no faith, but he will not last long with the unjust. Many of today’s leaders manipulate every means at their disposal for unjust purposes.I cannot end this talk without reciting a relevant passage from the Qur’an, the Book which is sufficient as a constitution for the entire world: “Follow the straight path as has been ordained on you. Do not follow the vain doctrines of those without faith. Say, I believe in the scripture that has been sent down. He has ordered me to deal fairly with you. Allah is our Lord and your Lord, the recompense of our deeds is for us, and the recompense for your deeds is for you. Let there be no argument between us and you: Allah will decide between us, and to Him we are returning” (42:15). The meaning of these verses is clear, no person or society can misunderstand them.
I am proud, on these days of celebration for the Muslim world, to gather with all Muslims, including my Arab Muslim brothers here. The ethnic diversity at our celebrations should not be surprising, because we are all brothers through Islam: our actions are related, our hopes and sufferings are one. My hopes for salvation for myself and for you all are with Allah.
I conclude with a prayer to Allah the Most High, that He reform, assist and raise up the people of Muhammad, wherever they may be throughout the world, until they become exalted through governing themselves by what Allah has revealed. May Allah grant you prosperity in this life and the next, and may we all attain His salvation and benediction.
“He has ordained for you the same way of religion which He had enjoined on Nuh (Noah), and that We have now revealed to you (O Muhammad), and which We had already enjoined on Ibrahim (Abraham) and Musa (Moses) and 'Iesa (Jesus), saying: ‘Establish the Religion and be not divided in it’” (Qur’an, 42:13).“
O you who believe! Guard your souls”, about which Abu Bakr al-Saddiq reports the Prophet’s explanation, “When the people see a wrongdoer committing a wrong and do not seize his hand to restrain him, it is most likely that Allah would inflict them with His chastisement” (in Abu Dawud, Tirmidhi and Nisai; contained in Riyad al-Salihin, chapter 24, hadith 199)
In 1970 the Government of Senegal, at the time when Senghor was President and Abdou Diouf his Prime Minister, engaged with Muslim Religious Leaders, in negotiations that lasted about three years. The negotiations resulted in the adoption, reached by consensus, of a Family Code, the one still in force in the country today. About a year ago, an Islamically inspired Initiative Committee raised around this Code a debate, with the objective of adopting another code which would be more in conformity with the provisions of the Islamic Shari`ah Law, the initiators said. At some point during the debate, references were made to the past, accusing some religious leaders, now dead, of having been the 'accomplices' of the Senghor government in the adoption of the code, considered today to be contrary to the Shari`ah. The name of the late Al Hajj Ibrahim, called Baye Niasse by his followers and friends, was cited as one of these 'accomplices'. Determined to restore the truth, the heirs of the late religious leader dug out from their archives the recording of the statement that Baye Niasse made following discussions between Muslim Clergy and Government Authorities in 1972, to give his point of view about the Code and the reasons why (he) adhered to it.
In modern society where everywhere in the world Islamic values are more and more misrepresented and 'judged negatively', and where at the national level religious groups burst into public debate with the risk of calling into question the long time harmony that has existed between different religious groups in Senegal, the statement by Baye Niass seems like, not only an element of rehabilitation of the beliefs that build the life of a Muslim, but also a religious tolerance teaching. Above all, the statement was made by an authority whose qualities are undeniable. The daily "Le Matin" publishes the whole document arising from first, the transcription, and then the translation of this statement. The document was received from the learned Imam Hassan Cissé of Médina Baye, grandson of Al Hajj Ibrahim Niass.
"For three years, Muslim religious leaders and the Government have held discussions about the Family Code in order to develop a law which would conform to the Islamic Shari`ah. The government took the initiative and asked to meet and consult us (note from the author: myself and the other Muslim Religious Leaders), to ensure that the Code complies with the instructions of Islam all the more, as the majority of the Senegalese people are Muslims. Before getting to the heart of the matter, I would like, as an introduction, to clarify three fundamentals. The first is about the phrase "Al dinu li-llahi, wa al watanu li-l-jami" which means "The Religion belongs to Allah and the country belongs to the people." Indeed, religion is practiced by believers, be they Muslims or other, only to worship God. As for the country, it belongs to the whole nation, both believers and non-believers. Believers, as I said, include various groups. These groups of believers, and also non-believers, are all administered by the government and depend on it.
Second, Allah said in the Holy Qur`an: "Laa Ikraha Fi-d-din" which means "No constraint (compulsion) in religion". In Islam there is no constraint. We should not force even our own son to become a Muslim. I would like to tell a story dating from the time of the Prophet (pbuh). A man of "The Ansar people (of Medina)" with his wife, both close servants of the Prophet had a child who committed perjury and became unfaithful. His father was shocked and swore to kill him. He (the Prophet, pbuh) thereby received a revelation, and the verse stated "No constraint in religion". That's the story of this verse. Every person is free to be a Muslim, or something else.
Thirdly, I would like to refer to this phrase by the Prophet Muhammad (pbuh): "Fitna (calamity) is sleeping and Allah curses he who wakes him up". When we met with the government of Prime Minister Abdou Diouf two years ago, I had given them my viewpoint. I had told them that concerning temporal matters, the government was free to legislate. But concerning religion, especially in a Muslim country, no government has the right to legislate. I had said that Marriage, Divorce and Heritage are established by God in the Holy Qur`an, as are Prayer, Fasting, Pilgrimage... . I had also mentioned that Muslims had nothing else but their religion and that careful attention should be paid to the Code to ensure that it contains nothing in contradiction with the Shari`ah. It is Two Years now, that we have submitted our proposals and we have continued the discussions on every aspect.
At the end of our last meeting, in the final document presented to us, I have not seen to the best of my knowledge, serious differences with the Basic Precepts of Islam.
Marriage
Marriage in Islam is a contract between a man and a woman aimed at allowing the two partners to satisfy the pleasure of one another, with the consent of the woman's parents (father or close relative... ), payment of a dowry and the presence of witnesses. In Islam five conditions are required for a marriage: a husband, a wife, a guardian who concludes the marriage, the dowry and witnesses. There cannot be marriage without authorization of the woman's guardian or a relative in possession of all their mental capacities, or authorities' representatives (Imam Malik in his Muwatta). The presence of witnesses at a marriage is not a strict obligation but it helps to have people who can later certify the legitimacy of their offspring. Therefore, witnesses are important in the conclusion of a marriage. This justifies celebration of marriages in mosques and feasts (with man guests) . Thus, there can be many witnesses. Allah said in the Holy Qur`an : "Marry the number of women you deem appropriate: two, three or four. If you think you would be partial, then just take one wife or slaves" (Sura 4: Verse 3). A man may take two, three, even four wives, provided he can be fair and equitable to them. But it is obvious that it is difficult for a man, including the Prophet (pbuh) himself, to be fair in his feelings. When the Prophet was sharing his property, he was equitable to his wives. But when asked, "Who do you prefer?", he laid his hand on Aisha and replied "This one". And among men, who do you prefer? He replied "Her father Abu Bakr Sidiq" (note from the author: Aisha's father). Everyone knew that his wife Sayyidah Aisha "The Mother of Believers" was the one he preferred even if he always tried to be equitable in the sharing of his property. After this equitable sharing he said, talking to Allah: "I've shared all that belongs to me (his property). As for what belongs to you and which does not belong to me, I beg your PARDON" (note from the author: the Prophet (pbuh) considers that his property belongs to him, but not his heart which belongs to God).
To be allowed to marry four women, man must be sure to treat them equally, he must be able to pay the dowry, feed, and clothe them. Otherwise, one woman is enough. That's what the verse says (Sura Nisa'a, verse 3-5).
Marriage in the Jewish religion.The Torah allows Jews to marry as may women as they want, without limitation, even a million. The Prophet Sulayman (pbuh) had 300 wives and 700 "taaras" (note from the author: 'a slave over whom the master has marital rights'). The Prophet Dawud had 100 wives. The Torah did not put a limit on the number of wives because it has placed the right of man above that of woman. The Gospel is the opposite of the Torah as it encourages more or less celibacy and recommends Monogamy. It places the right of woman above that of man. The Shari`ah of Islam fits in the middle; it is the best Shari`ah. It allows four wives and clearly defines the marital rights and obligations of man and woman. It's what Allah has prescribed for Marriage.
In a Muslim marriage, man's major obligations are: paying the dowry, feeding the wife, clothing her, housing her adequately, satisfying her sentimental needs, and establishing cordial relationships with her, that is living in harmony with her, without insulting or beating her. These obligations, which constitute the basis of the marital rights of woman, can be summarized as follows: be fed, clad, housed and satisfied sexually. If any of these rights is not respected, then the woman has the right to end the marriage contract and ask for divorce.
That's Islamic Marriage. Man has the right to marry four wives. This is undeniable. As for the woman, she may impose conditions to accept union with her lover. She can impose for instance, not to have a co-wife. Any man who agrees to marry a woman and not marry a second wife cannot marry another wife. The Prophet said: "Marriage conditions are those which deserve most to be respected." (Bukhari, Muslim). Of all your commitments, those concerning your wives must be the most respected. Whoever commits not to have a second wife must honor his commitment. He can get another wife only if he is divorced from the first wife. Personally, I will never accept such a condition from a woman neither will I require it from a man to allow him to marry my daughter.
Divorce
Many cases can be considered. (1) Divorce as a result of one repudiation with possible re-union.' Allah said (Sura 65: verse 1): "If you repudiate your wives, allow some time for vacuity" (Iddat: prescribed waiting time). This divorce consists in repudiating the woman in purification after her menstruations and not followed by sexual intercourse, with the possibility to get her back before two witnesses. The husband has the right to take his wife again as long as the vacuity time (Iddat) is not finished. Allah said: "Husbands have the right, during the vacuity time, to get their wives back if they wish to reunite their marital links." (Sura 2: verse 228) (2) Divorce as a result of one repudiation without a possible re-union: if a husband repudiates his wife and does not intend to take her back, then the divorce is forever. In this case, "Bahda Zawji" is not required. It is the same for a second repudiation. (3) Divorce for the third time: when a woman is repudiated for a third time, this divorce is forever and husband and wife are separated forever. However, the woman can return only if after an official marriage with another person she is repudiated again. This is "Bahda Zawji". God said: "If he gets divorced from her a third time, she won't be licit, if she had not gotten married with someone else. If the latter repudiates her, both of them (note from the author: the woman and her first husband) commit no sin by living together again" (Sura II: verse 230).
God has prescribed decency in divorce. The repudiated spouse should be treated courteously and correctly. This is what Allah said to men about the repudiation of women: "Don't send them out of their homes and don't let them to go out..." (Sura 65: verse 1). He adds: "Make sure these women live with you according to your means" (Sura 65: 6). The repudiated woman keeps her food, lodging rights, etc... until the vacuity time is over (Iddat). If they are pregnant Allah said: "Cater for their needs until they give birth. If they breast feed give them a salary until weaning of the child, otherwise another woman shall breast feed the child" (Sura 65: 6). A husband who repudiates his wife cannot claim any property he had given her. Allah said: "If you want to replace a woman by another one and you had given the former a quinter (a thousand gold coins), don't take them back. What? Would you take them back to be unfair and commit a sin?" (Sura 'The Woman', [4] verse 20). Divorce should be decent under every circumstance. The repudiated wife shall be treated courteously and respectfully.
Those are very briefly the provisions of the Islamic Shari`ah concerning divorce. The Prophet (SAW) said: "Divorce is what Allah hates most in what he has made licit". The Prophet (SAW) has repudiated Saudah. He made peace with Absat and he has also observed the "ila" (oath to separate from one's wives for some time for disciplinary measures). He repudiated Saudah and Absat but Allah requested him to take the latter back.
When a woman feels abandoned by her husband, both can choose to find an agreement. The Prophet (SAW) let his wives choose, whether to stay with him or leave him. When Absat felt that the Prophet (SAW) wanted to repudiate her, she requested to remain in the family but accepted to leave her turn to Sayyidah Aishah. That's the divorce of the Prophet. Divorce breaks the woman's HEART. That's why it is recommended to the husband to leave part of his property to the repudiated woman according to his means. Allah said: "He who is wealthy shall spend his fortune and he who has limited means shall spend according to what Allah has given him" (Sura 65 verse 7).
Man has the right to declare the divorce. No one else but the husband can pronounce the dissolution of marriage. The Prophet (pbuh) said: "It is he who lifts the leg who has the right to declare the divorce" (Ibn Mayu and Darakami). The right to dissolve a marriage stands permanently in the following conditions:
1. One partner observes that the other partner is sick and fears to be contaminated. He can divorce, and this is applicable when one of the partners gets mad (mentally ill);
2. The husband leaves home and no one knows where he is, and he has left no provisions for his family and has not left them with anyone either. It is her right to refer to the judge and ask for divorce. Upon reception of her request the judge will ask her to wait for four years. If the husband comes back, the marriage is not dissolved; but if the husband's absence is certified by witnesses, then the judge declares the divorce;
3. When the husband is in jail and sentenced for life or for twenty years or more, the wife has the right to ask for divorce.
In summary (and let me repeat, that the man who decides to divorce shall proceed in compliance with the Sunnah) there are three types of divorce:
1. Repudiation with possible re-union;
2. Repudiation with no possibility of re-union, but the man has pronounced on (only) one occasion, the Word divorce.
In these two cases, the man can remarry his wife without resorting to "Bahda-Zauji".
3. Repudiation for the third time, either on a similar occasion or in different situations. For example; the husband says, "I repudiate you" or as it is said in Wolof "fase nala, fase mu dog" (I repudiate you for ever) or "may nala sa baat" translated literally by "I give you your neck back". In this case the divorce is forever. The husband can take his wife back only if the latter gets married a second time and is repudiated by the second husband.
There is "Muhali". It was mentioned by the Prophet who said: "May Allah curse he who wants to make licit (note from the author: meaning the muhali), and the person in whose favor they are trying to make it licit". There is "Muhali" when someone, after having repudiated his wife forever, wants to take her back. He agrees with a third person, so that the latter marries his wife and repudiates her later (to allow the first husband to take his wife back). That's what they call in Wolof "Baara Yegoo". May God curse the traitor and the beneficiary. Let's now talk about heritage.
Heritage
Sharing of heritage, depending on the various possible cases, is prescribed as follows (Sura 4):
1. When the deceased has no children, but his father as first-degree ascendant is still alive, it is this father who inherits all his property;
2. An only son inherits all the property of his father in case of death of the father.
These are cases of global succession share. In case a man dies leaving behind a wife and children, the heritage is distributed into 8 shares:
* 1/8 goes to the wife. If the deceased has only one wife, the latter receives all this 1/8. But if the deceased has many wives, this 1/8 is shared between all of them;
* What remains, i.e. 1/7 is shared among the children according to a principle of 'a man receiving the double of the share of woman'. That's the sharing of Shari`ah. It is an equitable sharing because Woman in Islam is considered as well off; she does not have any financial obligation in the household. She is completely supported by the husband who must feed, clothe, house her and take care of her littlest needs. It is said that if the husband does not respect any of these obligations the woman can divorce. Woman's needs are inferior to those of Man who supports all the family expenses, including payment of dowry for marriage. That's why in Muslim Heritage man receives two shares and woman one.
If a deceased has no children, no wife, no father, no mother, it is his parents (in the large sense) who inherit 1/3 of his property and the rest goes to the Muslim government.
Important note: in Islam only legitimate children inherit; an illegitimate child does not inherit from his father and vice versa. Also, it is worth mentioning that among the Jews only the eldest child inherits everything while the girl receives only the dowry. However, the Gospel does not discuss the issue of succession.
Disinheritance
There are seven cases of disinheritance or non-succession:
1. The stillborn child who has not shown any sign of life at birth is not entitled to heritage, and no one can inherit from him because transmission of property is based on life followed by death;
2. He whose death prior to the heir's is skeptical (note from the author: this situation implies that the deceased and the heir died in conditions which do not permit to determine exactly who died first);
3. The child rejected by his father after a "liane". A "liane" occurs when a man accuses his wife of adultery and sues her. If the husband cannot prove his accusations, the judge will ask him to swear using the formula "I testify before God that this pregnancy is illegitimate". The formula is repeated four times, and the fifth time he calls God's curse on himself if he is not telling the truth. After that, if the woman continues to deny, she will also swear. After this confrontation, the judge pronounces the irrevocable divorce and the child cannot inherit from his father and vice versa.
4. The deceased and the heir do not belong to the same religious confession: there is no heritage in case of difference of religion. A non-Muslim is not entitled to the heritage of a Muslim and vice versa;
5. A slave, or a woman slave who has given a child to her master, are not entitled to the heritage of this master and no one can inherit from them either;
6. The adulterine child does not inherit his father and vice versa. Heredity relations exist only between this child and his mother;
7. A murderer is not entitled to the heritage of his victim. He who kills his father for instance cannot inherit from him.
The Shari`ah prescribes that an adulterine child cannot inherit. But a father who supports his illegitimate child provider of services, can leave him part of his property. Otherwise when the heritage is being shared this child can receive some property (note from the author: in this case the services rendered by this illegitimate child to his father are taken into account). The Qur`an said: "If close relatives who are not entitled to heritage are present during the sharing, they must receive some property and be addressed politely".
The Code also deals with engagement. This stage shall not exceed one year. Once the engagement is confirmed, marriage shall be celebrated quickly. It is for fear of God that we must preserve relations between man and woman. But we have seen engagements last even 7 years without the engaged couple behaving irresponsibly.
The development above represents the points discussed with the government. As I said, they are our recommendations. The authorities have integrated them as we wished. The truth is that we Muslims constitute the majority in this country. But we are governed by the government and the latter is responsible for the whole nation. The country belongs to all of us: Muslims, Catholic, Protestant, Jews, Atheists, and others. Anyone who lives in the country has rights. In the Code there are other prescriptions for non-Muslims. This could mislead many people. These prescriptions were established according to the rights of these non-Muslims. But we specified, in the introduction to these prescriptions, that they did not concern Muslims.
As for prescriptions concerning Muslims, we were told that we could find them on such and such page. For cases for which provision was not made in the Code, we were assured that if they occurred, they would be addressed according to the Islamic Shari`ah (note from the author: if the people concerned are Muslims of course).
Those are the conclusions we reached with the government during our last meeting. Nothing opposite to Shari`ah has appeared basically. There were many religious leaders, learned people, opinion leaders and talibes as well. When the passage was read in full and I noted that it was in conformity with what I wished, I gave my consent. As to the question of establishing by all means "fitna" (note from the author: situation of tension and conflict) the Prophet (SAW) said that "fitna" is "a giant who is asleep" and Allah curses he who wakes him up.
Someone came to see me in my room in Dakar and told me that Senghor is trying to alter the religion of the Prophet (SAW) and that he, my visitor, was prepared to give his life. He assured me that he supports us (Muslim Religious Leaders) under any circumstances. I told him that he did not know where the religion of the Prophet Muhammad (SAW) originates from to reach this conclusion. Therefore those who learned and knew it are in a better position to defend it.
We discussed with them (note from the author: government authorities). We cannot oblige them to do anything. And those who govern us do not want to be in conflict with us either. That's why they consult with us. We too we do not want to be in conflict with them. We will never accept a Code that is contrary to the Shari`ah (note form the author: such a contradiction would have provoked a conflict). They too would never like to do something that would lead us to be in conflict with them. Trust us.