Photobucket Photobucket Photobucket Photobucket

Thursday 31 March 2011

Issue of Akad Nikah at mosque is habit of Christian

Akad Nikah At Mosque : Between Jumhur and Imam Syawkani


1.View and Opinion Mazhab Syafie
Ulama Mazhab Syafie have three writer that talk this issue.
First : Fathul Ma’in written by Imam Zainuddin al-Malibari;
Second : I’anah al-Tolibin written by Sayyid al-Bakri al-Dumyati; and
Third : Tuhfatul Muhtaj written by Syaikh Ibnu Hajar al-Haytami.

All of these three writer agree that akad nikah in mosque is UNPROHIBITED.
They come out with hadith Prophet Muhammad S.A.W  which recorded by al-Tabarani dan Tirmizi. Narrated by Saidatina Aisyah R.A.
The hadith is just follow :
أعْلِنُوا هذا النكاحَ واجْعَلوه في المساجد واضْرِبوا عليه بالدفوف

Translation: "announce [the audience] and make this marriage [managing the contract] in the mosque and beat him kompang"

Author I'anah al-Tolibin recorded:
ويسن أن يكون العقد في المسجد. قال في التحفة: للأمر به في خبر الطبراني


Translation: "And circumcised the contract [marriage] is in the mosque. Said [Shaykh Ibn Hajar al-Haytami] in [his book] Tuhfah, [desirable to do the ceremony in the mosque] because [the] order [do so] in the Hadith [recorded by] al-Tabarani. "
In short, do the ceremony in a mosque is under sect Syafie MERIT.


2.Opinion by 4 mazhab
According to al-Fiqhiyyah Mausu'ah al-Kuwaitiyyah, majority of (the majority) scholars say, CONCERNING make marriage in the mosque (Volume 39, ms.221).


They were scholars and Hanafi sect Syafie (Volume 32, ms.6) and Hanbali sect (cf. the book Fatawa Istisyarat Mauqi Wa al-Islam al-Yaum, Volume 11, ms.231)



While Maliki said it MUST only, not recommended (Mausu'ah Fiqhiyyah al-Kuwaytiyyah, Volume 32. Ms.6)


Mausu'ah Fiqhiyyah Kuwaitiyyah recorded:
قال الحنفية والشافعية يندب عقد النكاح في المسجد, لحديث "أعلنوا هذا النكاح, واجعلوه في المساجد, واضربوا عليه بالدفوف" وقال المالكية إنه جائز


Translation: "He said the scholars [sect] Hanafi and Shafi` i, is desirable [is] the ceremony in a mosque on the hadith "announce [the audience] and make this marriage [managing the contract] in the mosque and beat him kompang. Said the scholars [sect] Maliki, it (make the marriage in a mosque is) should be ".


Other scholars said circumcision was doing the ceremony in the mosque Imam Ibn Taymiyyah in Majmu 'al-Fataawa, and Imam Ibn al-Qayyim in I'lam Muwaqqi'in (cf. book Istisyarat Mauqi Wa Fatawa al-Islam al-Yaum , Volume 11, ms.231).
In conclusion, the scholars four schools (Shafi `i, Hanafi, Maliki and Hanbali) say unanimously recommended to the ceremony in a mosque (see the book Istisyarat Mauqi Wa Fatawa al-Islam al-Yaum, Volume 11, ms.259)


Evidence majority of scholars
Majority of scholars based on the following postulates:
First: Al Tabarani above;
Second: Akad nikah performed in the mosque to take the blessings of the mosque
Third: The mosque is a place well known. Thus, doing the ceremony in the mosque will spread the word marriage. While marriage is the dissemination of news is a claim to Islamic law.
Fourth: Marriage is religious. Hence, circumcision is an agreement in the mosque.


Assessment of the Hadith
The hadith scholars differ in assessing Tabarani above hadith as follows:


First: Al-hassan hadis Tabarani is:
This was stated by al-Hafiz al-Sakhawi in al-Maqasid al-Hasanah, Volume 1, ms.36, al-'Ajluni in Kasyful Khafa ', Volume 1, ms.145 and others.


Second: This hadith weak.
This was stated by Imam al-Bayhaqi (al-Tahir al-Hindi in tazkirah.The Maudhu'at, Volume 1, ms.55), al-Albanian in Irwa 'al-Ghalil, Volume 7, ms.50 and others.
Imam 3.Opinion by Syawkani
Imam Syawkani have differences of opinion with the majority of scholars. For him, the marriage MUST NOT be done in the mosque.


This is because the mosque is built to be a place of remembrance of Allah and prayers.
Thus, other things other than the remembrance of Allah and prayers, can not be done in the mosque, except with the specific proposition that requires it.
For these reasons, eating, drinking, sleeping and reading poetry in the mosque is required because there is specific evidence that requires it.



He recorded in his book al-Sail al-Jarrar (Volume 2, ms.247-248):


فالمساجد إنما بنيت لذكر الله والصلاة, فلا يجوز فيها غير ذلك إلا بدليل يخصص هذا العموم, كما وقع من لعب الحبشة بحرابهم في مسجده - صلى الله عليه وسلم -, وهو ينظر, وكما قرر من كانوا يتناشدون الأشعار فيه


Translation: "The mosque was built for real [to place] the remembrance of Allah and [establish] the prayer, it MUST NOT [be] in it (the mosque) except [from] it, but with [the] proposition that specializes generality of [the law] is, like a javelin game by Ethiopian men at the mosque while the Prophet and as he saw the certificate [Messenger] to the people who read the poem in it (the mosque). "


Imam did not accept the hadith Tabarani Syawkani on the proposition that a majority of scholars, because it is a weak hadith in his assessment (see Nayl al-Awtar, Volume 6, ms.211).


4.Conclusion
The presentation can be concluded as follows:


1. Denominations Denominations Syafie and 3 of the Hanafi, Maliki and Hambali told CONCERNING agreed to do the ceremony at the mosque.
Thus, the correct statement should set out by the religious authorities on this issue is, "doing the ceremony in a mosque is recommended by majority of scholars from different sects, including the official sect, the sect Syafie."
Clearly, the compulsion to do the ceremony in a mosque is not simply rely on administrative issues, which facilitate the marriage and save time.


2. Based on the views and the majority of scholars Syafie sect, the ceremony can be performed consistently in the mosque.
It can also be done in the mosque by faith (trust) that do so in the mosque has its advantages, namely circumcision.
In contrast to the Permanent Council of Fatwa view of Saudi Arabia who said the ceremony in the mosque to do consistently, or think they have the advantage, is heresy. (See: http://www.islam-qa.com/ar/ref/132420)


3. Individuals are prohibited performed the ceremony in the mosque should not be labeled as ignorant or attempt to mislead the public.
This is because, among scholars there who think so, the Imam Syawkani as indicated.


4. Performing the ceremony in the mosque is forbidden because it resembles the practices of Christians do in church, does not arise. Even Imam Syawkani itself did not make 'like a Krisitan', for reasons forbidden conduct the ceremony in a mosque.
Allah knows best.
Note: All references quoted are based Maktabah Syamilah.

No comments:

Post a Comment