Q. What is the responsibility of Muslim soldiers and officers who are with the army of a country where Muslims are only a small minority if their country is at war with a Muslim country?
M. Rahmatullah, Makkah
A. The rule is that one must never face other Muslims in war. The Prophet says: “When two Muslims face each other with their swords drawn out, both the killer and the killed are in hell.” His companions asked him: “We understand why this applies to the killer, but what about the one who is killed?” The Prophet said: “He was just as keen to kill his opponent.”
Needless to say, all efforts should be made to avoid war, but sometimes war is unavoidable. Moreover, there are cases where one party is fighting for justice and is clearly right in its stand. Fighting for that party defending right and justice is legitimate, even though there are Muslims on the other side. As for other cases when the situation is blurred, one must do his utmost to avoid being party to such a war. One may assert to the authorities in his country that he is a conscientious objector. In some situations, this is enough to assign him to non-combat duties.
Friday sermon
Q.1. If one arrives in the mosque at the time when the Friday sermon is already in progress, does he offer two rak’ahs in Sunnah prayer first before sitting down to listen?
Q.2. If a Muslim wants to marry a second wife in a country where bigamy is not permitted, is it sufficient for the second marriage to be conducted verbally, without official documentation? This will be in front of witnesses and fulfilling all conditions of Islamic marriage.
M. Abdul-Mujeeb
A.1. Schools of Fiqh or jurisprudence differ on this question. Some recommend that when we enter the mosque on Friday, we offer two voluntary rak’ahs of prayer as greeting to the mosque and then sit down to listen to the sermon. Others, notably Imam Malik, require such a person to sit down and listen without offering any prayer. Both have valid evidence supporting their views. Therefore, one should follow the view with which one is more comfortable. After all, these two rak’ahs are voluntary, and if one does not offer them one does not do any wrong. If one is keen to offer them for the reward, but reluctant to do so because of the objection often expressed, one may offer instead two extra rak’ahs after one finishes Friday prayer. There is no restriction on the number of voluntary rak’ahs one may offer after the obligatory prayer is over.
A.2. As far as Islamic requirements are concerned, a verbal marriage contract is just as valid as a written one. The same applies to business deals although written contracts are strongly recommended, particularly where financial or material duties and obligations need to be specified. Thus, if a person invites a few of his friends and relatives, and conducts the marriage in the proper Islamic way where there is commitment and acceptance by the two parties, with the father or guardian of the bride acting for her, the marriage is valid from the Islamic point of view.
Having said that, I should add that where the law specifies certain requirements, these should be implemented, except where the law allows forbidden practices, or prohibits what God has permitted. Thus, if the law requires written documentation of all marriages and divorces, this requirement should be complied with. If the law permits adultery between consenting adults and forbids bigamy, such legal provisions may not be obeyed.
Arab News Islam 27 December 2002
