ABSTRACT
Allah (SWT) sent a lot of messengers and prophets to guide the human being on the right way for ages starting from Adam (A.) to Muhammad (PBUH). Those who have kept faith in the Prophets of their age and divine books are known to be ahl al-Kitab. Marriage is such a social system that still exists in the world starting from Adam (A.) and Hawah (A.) and will exist till the end of this world. Marriage makes such a strong bond between two people- a man and a woman that both of them are legally allowed to live together in society. There are, of course, some rules and regulations of marriage in Islamic Shari’ah. It is very much essential to discuss about whether a Muslim man can marry an ahal al-Kitab woman or a Muslim woman can marry a follower of ahal al-Kitab in light of the Holy Quran and Sunnah. Allah (SWT) says in the Holy Quran,“And [lawful in marriage are] chaste women from among the believers and chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers.” (Surah an-Nisa, 4:5). This paper examines weather it is permissible the marriage between Muslim and an ahal al-Kitab in the present context or not. This study also highlights the options, and conditions of marriage from them. Finally, the study suggests some recommendation to marry from any ahal al-Kitab women in accordance with the present condition of the world. The methodology used in this study is an analytic and descriptive in nature.
Keywords: Divine book, Shari’ah. , Ahl al-Kitab, Messenger, Prophet, Marriage.
1.Introduction
It is by virtue of Divine wisdom that Allah created male and female, and instilled in each an instinct attracting one to the other, and hence seeking a relationship. (Surah an-Nisa, 4:1) He made licit the connection between the two within a framework that safeguards morals and values, in terms of chastity and honor, while guaranteeing the rights arising from this association, insofar as inheritance and established parentage. Thus Allah prescribed for people marriage, and said: “then marry (other) women of your choice, two or three, or four but if you fear that you shall not be able to deal justly (with them), then only one or (the captives and the slaves) that your right hands possess”.[1] Thus, marriage has been considered as a significant issue in Islam. The social system depends on this relationship. Therefore, Islam guides us how to achieve the maximum benefit of this. This study shows the Islamic guidelines on marriage between Muslim and ahal al-Kitab (the people of the Book). It discusses the rules and regulations of their marriages on the basis of Qur’an and Sunnah. The study also provides some suggestions in marrying anyone from ahal al-Kitab in the present context.
2. Concept of Marriage and Ahl al-Kitab
2.1. Concept of Marriage
Marriage is an Arabic called (نكاح) meaning is to bridge up, (الضم) making together (الجماع) , physical relationship etc. The word ‘Nikah’ has been used in the Holy Quran to refer to as ‘Marriage’. Allah (SWT) says: وَ اِنۡ خِفۡتُمۡ اَلَّا تُقۡسِطُوۡا فِی الۡیَتٰمٰی فَانۡکِحُوۡا مَا طَابَ لَکُمۡ مِّنَ النِّسَآءِ مَثۡنٰی وَ ثُلٰثَ وَ رُبٰعَ “And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four”.[2] The word ‘Marriage’ is also used to refer physical relation with women in the Holy Quran:. فَاِنۡ طَلَّقَہَا فَلَا تَحِلُّ لَہٗ مِنۡۢ بَعۡدُ حَتّٰی تَنۡکِحَ زَوۡجًا غَیۡرَہٗ“And if he has divorced her [for the third time], then she is not lawful to him until [after] she marries a husband other than him. And if the latter husband divorces her [or dies]”.[3]
In the terminological meaning, marriage (نكاح) is a legal and social contract between a man and a woman. Marriage is an act of Islam and is strongly recommended; the age of marriage being whenever the individuals feel ready, financially and emotionally. Basically, Marriage is a contract supported by society and religion by which a man and a woman can legally do physical relation with each other and live together. So it can be stated the beginning of conjugal bond between a man and a woman recognized by law and religion in a view to having physical pleasure and maintaining a family life is what marriage is.
2.1.1. Foundation of marriage in Islam
Although there are some arguments on foundation of marriage in Islam, most of the jurists agreed upon three. Such as: (i) Ijab and Kabul (Propose and acceptance), (ii) Witness (two Men or One man and two women)[4] and (iii) Mahr[5] (Paying amount of Groom to Bride).[6]
2.1.2. Conditions of Marriage
An Islamic marriage (nikah) can be performed under the following conditions:
- Both sides must be free of obstacles to marry and havelegal capacity.
- Both sides or their guardians or representatives must be presentat the same time during the proposal and acceptance.
- The prohibitions of marriagein verses An-Nisa 23,24 and An-Noor 3, which include the prohibitions about blood and milk kinship must be observed.
- There must be no other conditionsdemanded by any of the sides which may prevent the nikah .
- The bride and the groom must have reached the age of maturity(this may come true at the same age or after the puberty.
2.2. Concept of Ahl al-Kitab
The term ahal al-Kitab has been used in the Qur’an frequently.[7] Generally, it refers to the people of the Book (heavenly book from the Lord). According to the Oxford Dictionary of Islam, ahal al-Kitab (أهل الكتاب ) People of the Book/Scripture (Arabic: أهل الكتاب ′ahl al-Kitāb) is an Islamic term referring to Jews and Christians and those who belong to any Messenger of Allah who received the heavenly books to guide His followers and widely the nation. The Quran uses the term in reference to Jews, Christians and Sabians in a variety of contexts, from religious polemics to passages emphasizing community of faith between those who possess monotheistic scriptures.
Ibn Abedin Sami, Ibn Nujaim Fakhruddin Jaylayi, Mufti Amimul Ehsan and other said “the people of book are those who have belief in divine religion and divine books. Such as those followers who believe in the holy divine book given to Ibrahim (a) by Allah (SWT), those who belive in the religion and divine book of Daud (a) are including in ahl al-Kitab.[8]
Imam Ibnul Humam said -The person who have faith in the divine book dismounted on messenger in know to be ahl al-Kitab. For this reason, people who belive in Zabur dismounted on Daud (A.) and other divine books which are awareds to Ibrahim (A.) and Shis (A.) are also included in ahl al-Kitab.[9]
It has to be proved whether the book is from Allah (swt) which they claim to be the follower of in order to be ahl al-Kitab. In addition to that having firm faith in own kitab and character according to its direction is immensely essential. For example, Tawrat, Zabur, Inzil are imposed on Musa and Ibrahim (a) And those books are not proved by the certain process of Quran and Sunnah are not included in ahl al-Kitab. Actually, accoding to Quran Jews and Nasara nations are mostly familar to be ahl al-Kitab, who are believers of Tawrat and Inzil.[10]
3. Issues of Marriage of Ahal al-Kitab in the Qur’an and Sunnah
There are two options in the marriage between Muslim and ahl al-Kitab. Such as (i) Muslim man and ahal al-Kitabwoman and (ii) Muslim woman and ahal al-Kitabman. According to these two options, Islamic view varies. The first situation is always permissible with some conditions but the second option is prohibited.
3.1. Muslim man and Ahal al-Kitab woman
According to most of the Islamic scholars marriage between ahal al-Kitab woman and Muslim man is legitimate and acceptable. Allah says in this matter,
(وَ الۡمُحۡصَنٰتُ مِنَ الَّذِیۡنَ اُوۡتُوا الۡکِتٰبَ مِنۡ قَبۡلِکُمۡ اِذَاۤ اٰتَیۡتُمُوۡہُنَّ اُجُوۡرَہُنَّ مُحۡصِنِیۡنَ)
“And [lawful in marriage are] chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers”.[11]
It is perceivable from this verse it is legal to marry Jewish or Christian women in this contex. There is a consensus of opinion of the Ulama of the Ahl al-Sunnah Wal-Jama’ah that marriage with Jewish and Christian women is permitted as was the practise of the Companions of the Prophet(R) (sahabah) like Uthman, Talha, Ibn Abbas, Hudhaifah and their followers (tabi’un) like Saad bin al-Musayyab, Said bin Jubair, Al-Hasan, Mujahid, Tawus, Akramah and others.
Imam Ibnul Humam said, If ahal al-Kitab trinity believers although this verse is not for them because the Qur’an states:
) وَ لَا تَنۡکِحُوا الۡمُشۡرِکٰتِ حَتّٰی یُؤۡمِنَّ ؕ وَ لَاَمَۃٌ مُّؤۡمِنَۃٌ خَیۡرٌ مِّنۡ مُّشۡرِکَۃٍ وَّ لَوۡ اَعۡجَبَتۡکُمۡ ۚ وَ لَا تُنۡکِحُوا الۡمُشۡرِکِیۡنَ حَتّٰی یُؤۡمِنُوۡا ؕ وَ لَعَبۡدٌ مُّؤۡمِنٌ خَیۡرٌ مِّنۡ مُّشۡرِکٍ وَّ لَوۡ اَعۡجَبَکُمۡ ؕ اُولٰٓئِکَ یَدۡعُوۡنَ اِلَی النَّارِ (
“And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire,[12]
Their verse regarding this has been proved invalid by others.
(وَ الۡمُحۡصَنٰتُ مِنَ الَّذِیۡنَ اُوۡتُوا الۡکِتٰبَ مِنۡ قَبۡلِکُمۡ اِذَاۤ اٰتَیۡتُمُوۡہُنَّ اُجُوۡرَہُنَّ مُحۡصِنِیۡنَ)
“And [lawful in marriage are] chaste women from among those who were given the Scripture before you, when you have given them their due compensation, desiring chastity, not unlawful sexual intercourse or taking [secret] lovers”. [13]
Among the caliphs ‘Umar Al Faruq’ opines it is ‘makruh’ to marry ahal al-Kitab woman.Besides his son Abdullah (R) did not consider decent to marry ahal al-Kitab woman as well. It is narrated by Nafi` Whenever Ibn `Umar was asked about marrying a Christian lady or a Jewish, he would say: “Allah has made it unlawful for the believers to marry ladies who ascribe partners in worship to Allah, and I do not know of a greater thing, as regards to ascribing partners in worship, etc. to Allah, than that a lady should say that Jews is her Lord although he is just one of Allah’s slaves.”[14]
Abdur Rahman bin Auf (R) narrated Rasul (PBUH) said, it can be understood from this hadith , behaving with ahl al-Kitabs and fire worshipers has two differences. Firstly, marrying ahl al-Kitabs is allowed but marrying fire worshiper is never legal from the perspective of Islam. Secondly, the animals slaughtered by ahl al-Kitabs is allowed to eat but not the animals which are sloughted by fire worshipers.[15]
But marrying ahal al-Kitab of Darul Harb is makruh if she does not accept the sovereignty of Islamic rules and regulations. Because, children mostly follow mothers in their childhood. Hence, at would be wise to say children will be growing up with the belief of their won mother if mother is the follower of Jewish, Christian on another messengers. As a result of this their pure faith could be affected. If is also probable that they will reject Islam at one point. without that there is possibility to create lots of anarchy. Marrying slave women is Makruhe Tanjihi.[16] Imam Ibnul Haumam said it is better not to marry them without necessity.[17] And Ahl al-Kitabs who believe Isa (A.) and Ujair (A.) as lord, Shaikhul Ahmed told for them that “eating animals slaughted by AhleKitabs and not marrying them is mandatory when they consider Isa (A.) and Ujair (A.) as lord. Some told there are differences of opinions about it. But looking at the evidence, it is well – assumed eating animals slaughtered by them and marrying them are legal”.[18]
According to Imam Gazzali marrying Christian women is legal if she does not consider Isa (A.) as Lord. If she believers Isa (A.) as lord, marrying her is not allowed.
Famous Hanfi Fiqh scholars like Ibnul Humam, Ibn Nujaim, Fakhrul Islam Jaylai, Ibne Abedin (R.) said Shamsul Aimma Al Halwanis above speech supports the opinion of Shaikhul Ahnaf Abu Bakar Jadah. They opine Allah has mode legitimate the marriage with them. That means.He did not impose condition for the legacy of their marriage, they have to be free from shirk.[19]
Allama Haskafi (R.) said even if they consider Isa (A.) as lord, marrying them is legal.[20] Moreover trinity believers existed during the time of Rasul (PBUH) Nevertheless, eating their slaughtered animals and marrying them have been permitted. So marrying them is still legal.[21]
3.2. Muslim woman by Ahal al-Kitab man
Marrying Ahl al-Kitab, Non-Muslim man is not legitimate for any Muslim woman. Allah says in this matter, لَا ہُنَّ حِلٌّ لَّہُمۡ وَ لَا ہُمۡ یَحِلُّوۡنَ لَہُنَّ “They are not lawful [wives] for them, nor are they lawful [husbands] for them”. [22] In another place, it is stated:
وَ لَا تَنۡکِحُوا الۡمُشۡرِکٰتِ حَتّٰی یُؤۡمِنَّ ؕ وَ لَاَمَۃٌ مُّؤۡمِنَۃٌ خَیۡرٌ مِّنۡ مُّشۡرِکَۃٍ وَّ لَوۡ اَعۡجَبَتۡکُمۡ ۚ وَ لَا تُنۡکِحُوا الۡمُشۡرِکِیۡنَ حَتّٰی یُؤۡمِنُوۡا ؕ وَ لَعَبۡدٌ مُّؤۡمِنٌ خَیۡرٌ مِّنۡ مُّشۡرِکٍ وَّ لَوۡ اَعۡجَبَکُمۡ ؕ اُولٰٓئِکَ یَدۡعُوۡنَ اِلَی النَّارِ ۚۖ وَ اللّٰہُ یَدۡعُوۡۤا اِلَی الۡجَنَّۃِ وَ الۡمَغۡفِرَۃِ بِاِذۡنِہٖ ۚ وَ یُبَیِّنُ اٰیٰتِہٖ لِلنَّاسِ لَعَلَّہُمۡ یَتَذَکَّرُوۡنَ (
“And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the people that perhaps they may remember.” [23]
Imran Fakhruddin Razi (R) said, all Non-Muslim are indicated by ‘Mushrik’ in this verse. There is no difference of opinion among Islamic scholars in this regard. In this verse Allah forbidden to marry Mushrik man for Muslim woman; whereas Fiqh scholars said only Muslim women are not Mushrik; rather marrying any man who believe in Jewish or Christian religion is not allowed. So question may arise, how is the marriage between Non-Muslim men with Muslim woman is not legal by this verse? In response to this question Imam Kasani (R.) said in this verse the reason for the prohibition of marriage between Mushrik man and Muslim woman stated by Allah. He says: اُولٰٓئِکَ یَدۡعُوۡنَ اِلَی النَّارِ “Those invite [you] to the Fire”[24] Because if they marry Muslim woman, they will tell them to accept their religion and calling to their religion means calling to darkness. And calling to darkness is equivalent to calling to Jahannam (Hell). This reason also exists the Jewish or Christian for this reason, any Muslim woman are not allowed to marry Jewish or Christian men. Besides, Allah opens no room for the domination of disbelievers over the Muslim.
Allah (S.W.T) says: وَ لَنۡ یَّجۡعَلَ اللّٰہُ لِلۡکٰفِرِیۡنَ عَلَی الۡمُؤۡمِنِیۡنَ سَبِیۡلًا“And never will Allah give the disbelievers over the believers a way to overcome them”.[25] If any Muslim woman is married by any disbelievers, then the disbelievers will get the chance of dominating over the Muslims. But Allah has not remained any options open for them.
4. Marriage of Ahl al-Kitab during the lifetime of Prophet Muhammad (pbuh)
There are lots of examples of marriage between Muslim and ahal al-Kitabduring the life time of prophet Muhammad (PBUH). Such as, Caliph and sahabaof Muhammad (PBUH) married a lot of Ahl al-Kitabs like Usman (R) married a Christian woman named Nayila, Talha (R) and Huzaifa (R) married Jewish woman. Talha, Ibn Abbas, Hudhaifah and their followers (tabi’un) like Sayed bin al-Musayyab, Said bin Jubair, Al-Hasan, Mujahid, Tawus, Akramahsapport it.Nevertheless, no caliphs opposed it. It implies that they agreed about the legacy of the AhleKitab woman.[26]
5. Marriage of Ahl al-Kitab in the present Context
Most of the Muslim scholars agreed upon marriage between Muslim man and ahal al-Kitab woman with some conditions. The conditions are as follows:
5.1. First condition
It has to be evidently know about that woman that she believes Jewish and Christians divine books and overall she belives Allah, his prophets and the day of judment entirely. She cannot be atheist or anti-religious and cannot believe such riligion which is not famous as divine religion.It is needless to say every woman, nowadays, is not born in jewish or Christian family. Rather one of them can be Christian and the other can be of another religion. Besides the women who are born in Christian family are not necessarily be Christian all the time instend it is a wrong idea. They sometimes become atheist again they are grown up on such philosophy which is rejected in the eyes of Islam. For example, Bahayiyah community.
Famous Fiqh scholar of modern age Yusuf al qaradawi said,“That he ascertains that she is a genuine Kitabi woman, and is not an atheistic communist, who does not believe in God or prophethood or the afterlife”.[27]
5.2 Second condition
Ahal al-Kitab women have to be well character means it needs to be searched about the moral level and whether it goes with the Islamic attitude. Because Allah did not permit marrying every kitabi women, rather permitted marrying those women who are well-character. In this context he said: وَ الۡمُحۡصَنٰتُ مِنَ الَّذِیۡنَ اُوۡتُوا الۡکِتٰبَ مِنۡ قَبۡلِکُمۡ“And [lawful in marriage are] chaste women from among those who were given the Scripture[28] Ibn Kathir said, “here muhsanat’ refers to being refrain from illegal physical relation.”[29]
Different fiqh scholars have different opinions about the meaning of muhsahat According to Omar (R.) its meaning the women of pure and immaculate character. He keeps voluntary ahal al-Kitabwomen outside because of having the meaning of Muhsanat. Hsaan (R.) shabi (R.) and Nakhayi (R.) also opined the same. The fiqh scholars of Hanafi also have same view. On the other hand, this hadith has been used to deal with slaves. It means those women of ahal al-Kitabwho are not slave.[30]
Here Jewish and Christians marriage has one condition that is they of course have to be muhsanat or the protected women. So those who are not protectors of their youth among them are different from them.
After giving permission of marrying of ahal al-Kitab women, this narration has been used here as a caution. The purpose of this is the person who wants to gain the permission thus getting benefited should be careful about Iman and character. It should not be happened that one falls in love with disbeliever women and sacrifice own valuable asset of Iman, getting influenced by her or go through anti-Imans way in leading lifestyle and in terms of behaviour.[31]
Famous fiqh scholar of modern age Yusuf al Qaradawi said any man should not marry a women who transfers her bridle to another man, because it is totally illegal. Rather she of course should be well-character and unsuspected character woman.[32]
Prominent Mufassir Ibn Kathir (Rh) also expressed the same opinion. And he stated it as the view of jamhur scholars.[33] However, it is different to find such kind of women undoubtedly in the western society in our age, which is found as a proof by their statistics, report and writings.[34]
5.3. Third Condition
Ahal al-Kitab woman should not be included in such community who has jealousness towards the Muslims and involve war with them. Because of it, a group of fiqh scholars differentiates between Harbi woman and detained woman.[35] According to Ibne Abbas (R.) ahal al-Kitab refers to such kitab who are leaseholder of Islamic country. He state marrying detained women is legal but marrying harbi women is illegal.
Hanafi fiqh scholars differ from it slightly. They opine marrying ahal al-Kitab from foreign countries not prohibited in the eyes of Islam. But undoubtedly Makruh. On contrary, according to Sayed IbnulMusayib and Hasan Basri, the Hukm (command) of this verse is generally allowed. There is no difference between slave or free.[36]
Imam Zayed Bin Ali mentioned in his book ‘(Mazmu)’ he considers marrying Harbi women as Haram (Prohibited). Ar-Rawdur-Nabi books reveals that here Makruh refers to ‘MakruheTahrimi’ because it is not in case of slave. He said of a group of Islamic scholars regarded it as Makrukh. That is to say, it is not forbidden because of depth of Allah’s verse. He Says: said: وَ الۡمُحۡصَنٰتُ مِنَ الَّذِیۡنَ اُوۡتُوا الۡکِتٰبَ مِنۡ قَبۡلِکُمۡ“
This verse will applicable for Harbs. Because, there are huge difference between their condition and our condition. Based on this it can be staled that as long as the battle will be going on between we and Israel, marrying Jewish woman is not allowed for Muslim man in the eyes of Islam.
Famous Fiqh scholar of modern age Yusuf al Qardawi said that she is not of a nation that is belligerent to Muslims, and this restriction cannot forbidding marriage to a Jewish (Israeli) or one who supports Israel. Actually, Ibn Abbas forbade marriage to a Harbi (belligerent) woman”.[37]
5.4. Fourth condition
There should not be any anarchy and certain possibility of loss because the condition for using every legal thing is there should not be any harm, if it can certainly be known that there is harmful thing in it, generally doing that will be banded. And if it is especially harmful, it will specially be forbidden. The more harm there is, the more intensity of prohibition will be imposed.
6. Some Suggestions and Recommendations
- A Muslim must try to find his wife from Muslim women first. If it is not found, then go to ahal al-Kitab women.
- A Muslim should also try to find a woman from ahal al-Kitab in his own country and culture. It is known to us that the culture and customs affect on the conjugal life.
- Since it is very rare to find such ahal al-Kitab woman, at least it has to be confirmed about her that she believe in the divine books of Jewish and Christian religion. She has to be a believer of Allah, Prophet and the Day of Judgment and divine books.
- In such condition, it is also better to find the ahal al-Kitab bride from an Islamic state or Muslim state. Therefore, there will be less possibility to have the conspiracy of them.
- It is also important to live in a Muslim society and community after marrying a woman from ahl al-Kitab.
7. Conclusion
Marriage is the name of such a social system that has been existing since the begining the world starting by Adam (A) and Eve (A) and it will exist till the end of the world. Marriage builds such a bond between a man and woman by which they both can legally live together in the society. According to the rules of marriage in Islamic Shari’ah. , a Muslim man is allowed to marry ahal al-Kitab woman by applying certain conditions. Yet from the perspective of present reality it is very arduous. Because a condition has been applied in the case of marrying ahal al-Kitab woman. That is they obviously have to be Muhsanat or Protected woman, who will be well-charactered, not notorious. In real sense, it is rare to find Muhsanat woman. On the flip side marrying any ahal al-Kitabman is not allowed for any Muslim woman because ahal al-Kitab will call her to his religion if he marriage Muslim woman. Calling to his religion is like calling to evil deeds, and calling to evil deeds is like calling to disbelief resulted in Jahannam . If they marry any Muslim woman, they must be dominating over them though Allah has not kept open any scope for it Eventually, We can conclude that notwithstanding the fact that by some conditions Muslim men are permitted to marry ahl al-Kitab women in Islam, any ahal al-Kitab men will not capable of marrying Muslim women according to Islamic Shari’ah. .
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[1]. Al-Quran 4 : 3
[2]. Al-Quran 4 : 3
[3]. Al-Quran 2 : 23
[4]. (Abu Dawood, Nikah/Marriage, 20; Tirmidhi, Nikah/Marriage, 14; Ibn Majah, Nikah/Marriage, 15; Ahmad Ibn Hanbal, Musnad, 6/66)
[5]. There is also an argument either the mahr is a foundation or condition. However, it places each and every marriage from the beginning of the Islamic tradition started with the first man Adam and Hawa (a.). It is, therefore, considered as legal share of Bride is given to the bride by the groom. It is not a condition for the nikah to be valid, but the right of mahr arises as a natural result of the nikah for the bride.
[6]. Abdur Rahman al Zaziri, Al Fiqh ala AL MazahibilArba, Beirut : Dar al Kutub al –Ilmiyyah, 2nd edition 1424h 4/16, Alauddin Al kasani, Badai al Sanai Fi Tartib ALSharai, Beirut : Dar al Kitab AL ‘Arabi, 1982, 2/29
[7]. See: Surah al-Baqarah, 2: 105, 109; Surah ali Imran, 3:64, 65, 69, 70, 71, 72, 75, 98, 99, 110, 113, 199, Surah an-Nisa, 4:123, 153, 159, 171, Surah al-Ma’idah, 5:15, 19, 59, 65, 68, 77 and other places of the Qur’an.
[8]. Ibn ‘Abidin, Radd al –Muhtar,Beirut : Dar al –Fikr. 2nd Edition 1405, 4/198
[9]. Ibn al- Humam, Fath al Qadir, Beirut : Dar al- Kutub al-‘Ilmiyyah3/229
[10]. Imaduddin Ibn Kathir, TafsirulQuranulAjim.Beirut : Dar al- Kutub al-‘Ilmiyyah, 2nd Edition 14020/1999,
[11]. Al-Quran 5 : 5
[12]. Al-Quran, 2 : 221
[13]. Al-Quran, 5 : 5
[14]. Abu Abdullah Muhammad Ibn Ismail Bukhari, Al Jami AlSahih, Kitab At Talaq, Hadith no 4877
[15]. Imam Malik, Muwatta,Damisk : Dar al Qalam, Ist Edition, 2/135
[16].Abdur Rahman al Zaziri, ibid, 4/73
[17]. Ibn al- Humam, ibid, 3/228
[18]. IbnZainuddin Ibrahim Ibn Nuzaim, Al BahruArRaiqSharhuKanz alDaqaik, Beirut : Dar al Ma`rifah 3/110
[19]. Ibn al- Humam, ibid, 3/229
[20]. AlaauddinHaskafi, AlDur al Mukhtar,Beirut : Dar al –Fikr. 2nd Edition 1412, 3/45
[21]. Abdul haiLakhnowi, Umdatu al Riayah , Markz alUlama al Alami Li al DiasahWa alTakniatulMalumat, 1stEdition ND, 4/46
[22]. Al-Quran, 60 : 10
[23]. Al-Quran, 2 : 221
[24]. Al-Quran, 2 : 221
[25]. Al-Quran, 4: 441
[26]. Imam Jashas, Ahkamul Quran, Beirut : Dar al- Kutub al-‘Ilmiyyah , 2nd Edition 14015. 1/403
[27]. Dr Yusuf al-Qaradawi. Halal and Haram in Islam, , the achievement and graduation Mohammed Nasser Eddin Albanian / the Islamic office, third edition, 1/1980, pp. 179 et seq.
[28]. Al-Quran, 5 : 5
[29]. Abul Fida Ismail Ibn Kathir,Tafsir al Quran al Azim, Dar al Tibah 2nd Edition 1420/1999, 3/4
[30]. Abul Ala Mawdudi Sayed (Rh). Tafhimul Quran, Tranaslate by Abdul MannanTalib, Dhaka : Adunik Prokashani, 3/18
[31]. Abul Ala Mawdudi Sayed (Rh). ibid, 3/18
[32]. http:// www. qaradawi.net/library/50/2363.hmtl?tmpl=component&print=1&page
[33]. Ibnkathir, ibid
[34]. http:// www. qaradawi.net ibid
[35]. Ibid
[36]. Abul Ala Mawdudi Sayed (Rh). ibid, 3/17
[37]. Dr Yusuf al-Qaradawi, ibid.