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FAQ in the category of Fiqh

1 Does a Muslim have to get married?

In accordance with the state of those getting married, the decree of marriage falls into these categories: fard (obligatory), wajib (close to obligatory), sunnat (practice of The Prophet; not obligatory but carries much reward), haram (forbidden), makruh (disliked) or mubah (permitted):

1. It is fard (obligatory) for the one who is certain to fall into adultery if he does not marry, to get married, on condition that he has the finances to give the dowry (mehr) and to provide for his wife.

2. Again for the man who is in danger of falling into adultery if not married, it is wajib to get married on condition that he has the finances to provide the dowry and livelihood of the wife. The majority except for the Hanafis do not differentiate between fard and wajib. (Ibnul-Humam, the work mentioned, II, 342; al-Kasani, al-Badayi', II, 260 et al)

3. It is haram (forbidden) for the one who is certain to oppress one's spouse if married, to get married. For the one who fears both falling into adultery and oppressing one's spouse, the aspect of haram (prohibition) is preferred. For if in a matter halal (lawfulness) and haram are present, as a principle haram is prominently taken as criterion and it must be avoided. Similarly, in a verse in the Qur'an, it is stated: “Let those who cannot afford to marry keep themselves chaste until God grants them sufficiency out of His bounty.” (The Qur'an, An-Nur, 24:33)

4. It is makruh (disliked) for the one who is feared to oppress one's spouse, to get married. (al-Mawsili, al-Ihtiyar, III, 82)

5. It is sunnat (practice of The Prophet) for those in moderate sexual state (itidal) to get married. Itidal is the state of the one who is not feared to fall into adultery if he doesn't get married, and who is not feared to oppress his spouse if he gets married. The majority of the community falls into this group. The hadiths mentioned above which advice young people who cannot marry to fast, and which warn the three Companions who decide to abstain from marriage, are the evidence for that.
On the other hand, The Prophet and the Companions got married and those following them continued that sunnat. That is the preferred view. (See al-Fatawal-Hindiyya, I, 267)

According to Imam Shafii, though, it is permitted to marry in that case. It is permitted to marry or to stay bachelor. According to him, dedicating one's time to worshiping and engaging in knowledge is superior to marriage. The proofs he bases his view on are these: Allah praised Prophet Yahya (John) with these words: “...lordly, perfectly chaste, a Prophet, among the righteous.” (The Qur'an, Al-'Imran, 3:39). The expression 'hasur' (perfectly chaste) in the original Arabic text of the verse refers to the person who does not engage in sexual intercourse with a woman although he has the potency. If marriage was superior to that, abandoning it would not be praised. However, the majority of scholars have said that this example is a practice of former Sharia (Religious Law) and that it is not binding upon the Community of Islam.

Another proof that Imam Shafii puts forward is this verse: “...Lawful for you are all beyond those mentioned, that you may seek, offering them of your wealth, taking them in sound chastity (i.e. in marriage), and not in licentiousness...” (The Qur'an, An-Nisa, 4:24) That something is halal (lawful) means it is mubah (permitted). For these two words are synonyms. On the other hand, marriage provides sexual benefit for the married person. But it is not wacib for somebody to perform something that is to his/her benefit. Thus marriage is among the actions such as eating and drinking, shopping which are mubah. (az-Zuhayli, al Fikhu'l-Islami wa Adillatuh, Dimashk 1405/1985, VII, 33, 34; Ibn Hajar al-Askalani, Bulugul-Maram min Adillatil-Ahkam, trans. Ahmed Davudoğlu, Istanbul 1967, II, 228 et al.; Hamdi Döndüren, Delilleriyle İslâm Hukuku, Istanbul 1983, p. 183, 184)

2 What is Halala (Hulla)

Can two people who divorce marry each other again? Does hulla exist in Islam? Can a woman who marries an old man marry him again after she is divorced?  

According to the Islamic decrees, there are three bonds of marriage between a person and his/her spouse. One of these bonds is broken with each divorce. When all of them are broken, that is, when a person divorces his wife three times, it is not religiously permissible for them to continue their marriage.  

The term "hulla", which is derived from the verb halla, which means rendering halal, means the marriage of a woman who was divorced by her husband to marry another man first in order to marry her previous husband again. This deed is also called tahlil or tahlil ash-shar'iyya.

The religion of Islam prohibits harming women through divorce and limited the unlimited number of divorces that causes it. The following is stated in the Quran: "A divorce is only permissible twice: after that, the parties should either hold together on equitable terms or separate with kindness. (...)So if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand." (al-Baqara 2/229,230)

If the spouses who were divorced by three talaqs want to get married again, the woman needs to marry another man truly, without any tricks, and has to have sexual intercourse with him. Hz. Prophet states that it is not halal for a woman to marry her first husband again without any sexual intercourse with her new husband. (Bukhari, Talaq, 4; Abu Dawud, Talaq, 49)

The dishonest marriage called hulla, which is made in order to make it halal for the woman to marry the previous husband, is contrary to the principles of Islam and the limitation of divorce as three times in order to protect the rights and prestige of the woman. Therefore, Hz. Prophet declared the man who makes hulla and who makes another man to make hulla as people are damned by Allah. (Abu Dawud, Nikah, 15; Ibn Majah, Nikah, 33; Ibn Majah, Nikah, 33)

The Companions also state that hulla is not halal. The madhhabs of Islam also state that the marriage made based on the condition of hulla is haram;  two Hanafi imams, Abu Yusuf and Muhammad, and Imam Shafii say this marriage will not render marrying the previous husband halal; Imam Malik and Ahmed ibn Hanbal say a marriage made on the condition of hulla is invalid.  

However, if a woman who was divorced with three talaqs marries another man truly, without any tricks, and if her husband dies or if she is divorced due to dissension, etc, it is halal for her to marry her previous husband again.  

Accordingly, if a woman marries an old man truly even if he is 70, she can marry her previous husband again if her husband dies or if she is divorced. 

HULLA

In Islam, the family established through marriage is a serious and holy institution. The marriage makes the woman connected to her husband through three bonds. If a man divorces his wife once and breaks one of these bonds, he can return to his wife when she feels the pain of separation; their relationship continues with two bonds and more carefully. If the man trifles with this serious institution and divorces his wife again and then wants to return to his wife again, he is given one more right and their relationship continues with one bond. If the man divorces her again and trifles with such a serious institution, it is regarded as making fun of the honor of the woman and his demand to return to her again is not accepted. The Quran decrees it as follows: "... if a husband divorces his wife (irrevocably), he cannot after that, re-marry her until after she has married another husband and he has divorced her." (al-Baqara (2, 230) That is, after the third divorce, she needs to wait for her iddah, marry another man truly and have sexual intercourse with him; and if she is divorced by her new husband after that and waits for her iddah again, she can marry her previous husband if he wants to marry her again. For, if he puts up with something which harms his honor, that is, his wife's marriage with another man, it means he has learned a lesson.

However, people find ways of bypassing laws; when a man wants to marry his wife that he divorced three times, he makes a deal with another man and make him marry her on condition that he will divorce her immediately. This is called "hulla" or "tahlil"; the second husband that marries the woman on that condition is called "muhallil". These words are derived from the word "halal". "Hulla" means becoming halal, "tahlil" means making halal, that is, rendering halal, and "muhallil" means the one that makes halal.

Since the Prophet likened this second man who makes "hulla" to a male goat for rent (Ibn Majah, Nikah 33) and he said, "May Allah damn the one who makes hulla and the one for whom hulla is made" (Ibn Majah, Nikah 33; Abu Dawud, Nikah l4; Tirmidhi, Nikah 28; Musnad 1/83, 88, Il/323), all of the Islamic scholars unanimously agree that it is a very ugly and haram deed. However, what will happen if it is done despite its ugliness? All of the Islamic scholars except Hanafis state that "hulla" has no value and that a woman who returns to her previous husband like that is not halal for her husband. Hanafis say it is a damned deed but if a person does it without being disgusted, he/she will have committed haram. However, the woman can be halal for her previous husband because when the Prophet damned it, he used the phrase "makes halal". (see. Sabuni, ibid 1/340) That is, making halal takes place even though it is through an ugly way.

3 Is it permissible to play and to watch football?

It ispermissible to play and to watch football. However, there are some issues to be careful about regarding the issue:

We cannot say that playing ball games is not permissible unless they cause people to delay or miss prayers and unless they cause people to wound or hurt one another. If any of them takes place, it ceases to be legitimate.

Today, it is permissible to play the games of sports played all over the world no matter what their names are and no matter where they originated individually or as teams. However, Islamic scholars draw attention to the following issues for the peace of mind:

1. It is necessary to avoid cursing or swearing while playing and watching.

2. Games must not cause the players and spectators to waste their time by abandoning their education and necessary tasks.

3. Games must not be used for betting or gambling like football pools, lotto, and pick six.

4. They must not prevent fard worshipping like five daily prayers and fasting.

5. They must not be so dangerous as to harm the body or cause death.

6. They must not disturb the people around through extreme acts.

7. People must not exceed the limits of the Quran and the Sunnah regarding the clothes of the players and other issues.

Mehmed Paksu

4 Is it permissible to play football and to support a football team?

It is permissible to play football. As for supporting a football team, it is permissible on condition that you do not insult the followers of the rival team, harm them and dislike them. It is haram to do something to a Muslim brother that Islam forbids like insulting him and being angry with him. It is necessary to be very careful about it because it is the point that is abused the most. Sometimes, a person insults the players and supporters of the rival team when his team concedes a goal.

It is not permissible to do all kinds of deeds and to utter all kinds of words that are contrary to Islam. It is necessary to avoid them even if you are joking. 

The religion of Islam is against all kinds of bad deeds and hurting people because Islam tries to make man a real man. Islam elevates man to the level of real humanity. Therefore, Islam gives orders that will lead man to all kinds of perfection and beauty; it forbids the deeds that lead man to disgrace and heinousness.

Acting upon this general rule, we can say that all kinds of deeds like swearing and cursing that offend and disturb people are sinful and haram because it is haram to offend people and it makes a believer a sinner. It is forbidden to disturb even an unbeliever if he is innocent because the Prophet (pbuh) said, “I am the enemy of any person who maltreats a zimmi (a non-Muslim subject living in a Muslim country).”

It is definitely haram to bet and gamble on football games.

5 Can one use cold cream,oil,vaseline in winter?What if he does wudu after applying these?

We think that it would be better to use these products (cold cream,oil, vaseline) after wudu. Because it is a known fact that water harshen the skin. You should take the wudu at first then use the cold cream or vaseline. Besides these products do not harm the wudu.

6 The Witr prayer

Witr prayer is the last prayer performed at night. 

It is advised in hadiths that the witr prayer, which is the last prayer performed at night, can be performed as one or up to eleven rak'ahs in odd numbers; it is called witr because one rak'ha is added to the supererogatory prayers performed at night and they have odd numbers like three and five rak'ahs. (Bukhari, “Witr”, 1)

There are many hadiths showing the practices of the Messenger of Allah about its legitimacy, importance, time, number of rak'ahs of the witr prayer and reading the supplication of qunut in it.

The decree about witr prayer is quite debatable among fiqh madhhabs. According to the view of Abu Hanifa and the preferred view in Hanafi school it is wajib; according to the majority of the fiqh scholars including Imam Abu Yusuf and Muhammad, it is sunnah al-muakkadah.   

It is stated in Islamic resources that scholars like Abdullah b. Mas‘ud and Hudhayfah b. Yaman from the Companions, Ibrahim an-Nahai, Said b. Musayyab and Mujahid b. Jabr from the Tabiun and Hanbali scholar Abu Bakr al-Khallal regard witr prayer as wajib.

Acting upon the evidences that the number of the daily fard prayers was determined as five, those who regard witr prayer as sunnah say an identification that can mean an addition to them cannot be made. Since the middle prayer mentioned in the following verse can take place only when the number of the daily fard prayers is five, they say that there cannot be an additional obligatory prayer: “Guard strictly your (habit of) prayers especially the middle prayer.” (al-Baqara 2/238).

Besides, the following narrations and similar ones are among the evidences that are often referred to: Fard prayers are mentioned as five in the hadith of Isra and Miraj (Ascension) (Bukhari, “Salat”, 1) and in other hadiths and narrations (Bukhari, “Iman”, 34; Abu Dawud, “Wiir”, 2); Hz. Ali’ said, “Witr is not obligatory like other fard prayers; this prayer is the sunnah of the Prophet introduced by him; (Tirmidhi, “Witr”, 2); Ibn Umar's narration that Hz. Prophet performed witr prayer on camelback though he does not pray fard prayers on camelback (Bukhari, “Witr”, 6); the hadith “Three things were rendered fard for me but they are supererogatory for you: witr prayer, sacrificing an animal and the prayer of late morning.” (Musnad, I, 231) Imam Muhammad and Imam Yusuf regard witr prayer as sunnah and they say a person who denies this prayer cannot be regarded as an unbeliever since it has been determined by khabar wahid; they also take into consideration the facts that an adhan is not necessary for this prayer, that it is connected to the night prayer and that reading the Quran is necessary in all of its rak'ah. (Kasani, I, 270-271)

In Hanafi resources, the view of Abu Hanifa that witr is wajib is based on the following evidences: The hadith: “Allah added a prayer for you; it is witr” (Musnad, VI, 7); the Messenger of Allah said three times by emphasizing, “Witr is necessary; a person who does not perform witr prayer is not one of us.” (Musnad, V, 357; Abu Dawud, “Witr”, 2) Acting upon the principle that an absolute order expresses obligation, Hanafis conclude that this is an addition to fard players since the Prophet ordered this prayer and that an addition needs to be something of the same kind and to the determined things. According to this interpretation, the hadiths mentioned above expresses that the witr prayer, which was already performed by Companions as sunnah, is wajib. Kasani mentions the fact that Hanafis accept witr as a three-rak'ah prayer among the evidences of being wajib since there is nothing similar to it among supererogatory prayers. (Badai I, 271)

In Hanafi resources, in the objection to the hadiths that are used to conclude that witr is sunnah, the difference between the concepts of fard and sunnah is highlighted; so, the hadith starting with "there are three things…" and the other hadiths indicating that five prayers are wajib are not regarded as contrary to the decree of Abu Hanifa that witr prayer is wajib. Since witr is not fard, the number of the fard prayers is not increased to six with the addition of this prayer; the addition of witr to the five daily prayers does not mean naskh (abrogation). In these resources, a conversation between Abu Hanifa and Yusuf b. Khalid as-Samti stating that the views of Abu Hanifa related to the difference between fard and wajib are misinterpreted or overlooked by the majority of the scholars is reported. According to Hanafis, it cannot be decreed that this prayer is sunnah just because it is attached to the night prayer due to not having a separate time period. As a matter of fact, it is regarded as makruh to delay the night prayer to the end of the night but it is mustahab to delay witr. The reason why reading a chapter or verse from the Quran is necessary in all rak'ahs is a kind of precaution since it is not among the absolute fard prayers. (Badai, ibid)

The scholars who hold the view that witr prayer is sunnah state that this prayer is the strongest or one of the strongest prayers of sunnah al-muakkadah due to the importance the Prophet gave to it and that it should not be skipped.

It is stated in Hanbali resources that the threat against those who skip this prayer does not express that it is fard but that emphasizes its importance and virtue; the statement of Ahmad b. Hanbal that the witnessing of a person who deliberately skips witr prayer should not be accepted is based on the same reason. (Muwaffaquddin Ibn Qudama, II, 594) Similarly, it is stated that the term "wajib sunnah" used in some Maliki resources to express the decree about witr means "sunnah al-muakkadah". (Salih b. Abdussami‘ al-Abi, p. 672)

Witr prayer is not peculiar to certain people like the Friday and eid prayers, it needs to be performed by all Muslims, whether they are residents or travelers, male or female. A view is reported from Dahhak that it is not necessary to perform witr for travelers but it is known that the Messenger of Allah performed witr when he was a traveler and all madhhabs agree on it. Due to the hadith beginning with “There are three things that are fard for me...”, witr is fard for Hz. Peygamber according to all madhhabs accept Hanafis. The narration that he performed witr on camelback is explained with the possibilities of having an excuse, the permission given to him regarding the issue, or witr prayer being rendered fard for him when he is a resident not when he is a traveler.

The number of rak'ahs of witr and how to perform it. There are narrations that the number of rak'ahs of a witr prayer is one, three, five, nine or eleven. When the views of the scholars of different madhhabs related to the witr prayer and the prayer that is recommended to performed before it (shaf') are taken into consideration, it can be said that the decree about the number of the rak'ahs of witr is generally three. According to Hanafis, witr prayer is a prayer consisting of three rak'ahs like the evening prayer performed in both Ramadan and the other months with tashahhud in the second and third rak'ahs, and salutation after the third rak'ah. (Musnad, I, 89; Darimi, “Salah”, 212; Sarakhsi, I, 164) The difference between the performance of the witr prayer and the evening prayer is that a chapter or some verses are read after the chapter of al-Fatiha in the third rak'ah of witr. A person who forgets to sit after the second rak'ah and stands up in the witr prayer does not return. (Kasani, I, 273) Hanafi scholars state that the narrations about the performance of the witr prayer with more or fewer than three rak'ahs belong to the period before the decree about the witr prayer became definite. According to Shafiis and Hanbalis, the minimum number of rak'ahs for the witr prayer is one and the maximum number is eleven. It is accepted that it is permissible to perform one rak'ah based on the hadith “night prayers are performed as two rak'ahs…", one rak'ah is not regarded as appropriate and at least three rak'ahs are recommended. If a person performs it as three rak'ahs, he can salute after the second rak'ah and perform the third rak'ah separately. According to Hanbalis, it is sunnah to wait for a while after the second rak'ah and it is mustahab to talk in order to separate it from the single rak'ah to be performed after it. According to Shafiis, when witr is performed in congregation, it is better for the imam to perform the three rak'ahs together in order to prevent confusion. According to Shafiis and Hanbalis, it is possible to perform it as three rak'ahs without tashahhud or salutation in the second rak'ah and by saluting after tashahhud in the last rak'ah. Shafiis aim to separate it from the evening prayer by doing so. When witr is performed as more than three rak'ahs, there are different practices based on the interpretations of the narrations coming from the Prophet. According to Malikis, witr prayer is one rak'ah but due to the hadith “night prayers are performed as two rak'ahs…", they regard it necessary to perform a prayer of two rak'ahs with a separate intention and salutation before witr prayer. It is regarded as makruh to perform witr as one rak'ah without performing a two-rak'ah prayer before it or as three rak'ahs without a break except following the imam in congregation. Ibn Hazm prefers witr being performed as a single rak'ah after performing six two-rak'ah prayers. (al-Muhalla, III, 42). According to Jafaris, witr is a single rak'ah but a prayer of two rak'ahs apart from tahajjud is regarded as rawatib.

According to Hanafis, witr is wajib so it is not permissible to perform it on horseback, camelback, etc unless a person has an excuse. According to the scholars who regard it as sunnah, it is permissible for him to perform it by sitting or on horseback, camelback, etc even if a person can perform it by standing. Those who regard witr prayer as a supererogatory prayer and Abu Hanifa, who regard it as wajib, regard it necessary to read the Quran in all rak'ahs as a precaution since there is a possibility of it being fard or supererogatory. Hanafis and Hanbalis regard it as mandub to read the chapter of al-Ala in the first rak'ah, the chapter of al-Kafirun in the second rak'ah and the chapter of al-Ikhlas in the third rak'ah based on the hadith reported by Ubayy b. Ka‘b. However, according to Hanafis, the chapters mentioned in the hadiths should sometimes be replaced by other chapters or verses so that it will not be an absolute rule.

Shafiis and Malikis mention the same chapters for the first two rak'ahs taking into consideration the narration reported from Hz. Aisha but they regard it as mandub to read the chapters of al-Falaq and an-Nas along with the chapter of al-Ikhlas in the third rak'ah.  (for the hadiths mentioned above, see Abu Dawud, “Witr”, 4; Tirmidhi, “Witr”, 9)

Performing missed or skipped witr prayers. Hz. Prophet said, “A person who sleeps without performing witr prayer or forgets to perform it should perform it when he remembers.” (Musnad, III, 44; Abu Dawud, “Witr”, 6; for the views regarding performing missed or skipped witr prayers, see Shawkani, III, 58-59)

According to Hanafis, if a person misses witr prayer deliberately or by mistake and the time for the morning prayer starts, it is necessary for him to perform it together with qunut supplications. According to Abu Hanifa, it is necessary to pay attention to the order (tartib) of the prayers since witr prayer is regarded like fards in terms of deeds; if a person who is sahib at-tartib remembers that he has not performed witr prayer while performing the morning prayer, his morning prayer is invalidated if there is enough time to perform witr prayer; that is, he needs to perform witr first and then the morning prayer. Those who cannot perform it at that time and those who are not sahib at-tartib can perform it later at any time. Imam Muhammad and Imam Yusuf decree that it is necessary to perform missed or skipped witr prayers though they regard witr as sunnah.

According to Shafiis, it is regarded as mustahab to perform missed or skipped witr prayers later though there are some views that they are not performed later. Hanbalis have a similar view, too.

According to Malikis, the determined period for witr prayer is up to the time of the performance of the morning prayer; so if a person remembers that he has not performed witr prayer after performing the morning prayer, he does not perform witr prayer; if he remembers it while performing the morning prayer and there is enough time for the morning prayer, he needs to stop the morning prayer and perform witr prayer first. According to Ibn Hazm, a person who skips witr prayer deliberately cannot perform it later; however, if a person skips it due to oversleeping or forgetting, he can perform it later. (al-Muhalla, III, 101, pp; see TDV İslam Ansiklopedisi, Witr item)

7 I work for a company where the copies of the Quran are also printed. Are there any rules that need to be observed before printing, after printing and while sending the Quran by cargo? I do not want to be disrespectful.

There is no drawback to carrying the Quran, the paper on which Quranic verses and hadiths are written in a bag, etc and other religious books below the level of the waist unless disrespect is meant. For, it is not disrespect to carry them below the level of the waist. It is also not regarded as disrespect to put them in the lower shelves of bookcases so that people will access them easily.  

However, in our culture, there exists the custom of putting the Quran on the shelves and bookcases that are over the level of waist as a sign of respect shown to the Quran.

This is a kind of subtlety that developed thanks to the feeling of taqwa in hearts. It is not a religious order. However, it should be viewed as an act in compliance with the indication of the following verse: "..and whoever holds in honor the Symbols of Allah, (in the sacrifice of animals), such (honor) should come truly from piety of heart." (al-Hajj 32) However, those who do not do so should not be accused of disrespect.

Doubtlessly, it is necessary to show respect to the Quran, hadiths, the paper on which verses and hadiths written and the other religious books. However, showing respect to them is not related to carrying and holding them over the level of waist only.

The real respect is shown to them by obeying their orders and avoiding what they forbid; that is, by practicing what is written in the Quran, hadiths and the religious books written under their light.  

We will not be regarded to show respect and to fulfill our duty toward the Quran, hadiths and the religious books written under their light unless we practice what is written in them.

The issues to be taken into consideration while printing and sending the Quran by cargo can be listed as follows: 

1. To have wudu in all phases of printing and sending the Quran if possible.

2. To show respect and sensitiveness in all phases of the work.

3. To carry out the tasks of editing, checking and packaging on the tables above the level of waist.

4. Not to use the shelves and drawers that are below the level of waist to keep the copies of the Quran or to use them for other materials except the copies of the Quran.

5. Not to throw the Quran fascicles and pages that are misprinted on the ground and into the dustbin; to collect them in boxes placed over the level of waist and then to deal with them in accordance with the rules of fiqh.    

6. To write on the parcels and packages that "they contain copies of the Quran".

7. To carry the copies of the Quran in parcels and packages; not to touch the copies of the Quran while carrying (in case one does not have wudu).

8 Is using a cadaver permissible? Is it religiously appropriate for the students studying and academicians teaching at the faculty of medicine to work on cadavers?

Man is the most honorable being among the creatures. Both his living body and dead body are respectable. Therefore, it is forbidden for Muslims to harm the dead bodies of non-Muslim soldiers killed during a battle. It is forbidden to commit muthla (that is, to pull the dead body into pieces, to cut off the organs of a person like the ears. nose, and eyes and to remove the internal organs of a dead body.)Muthla was rendered haram after the Battle of Uhud.

- Today plastic equivalents instead of cadavers should be preferred if it is possible. That is, it is not appropriate to play with the dead body of a person unnecessarily. Both the living body and dead body of man need to be respected. For, a single person is like a species of other living beings. To eliminate a species is a big crime; it is not appropriate to overlook a species. Therefore, it is a big sin to kill a person.  

- Dissection (cutting up a dead person in order to study it) reached the Islamic world through ancient India, Egypt and Greece. In the Ottoman state, the studies of anatomy and dissection started in the 19th century. In 1841, the Sultan issued a decree and officially gave the permission of working on a cadaver. It is narrated that the Ottoman medicine worked on horse cadavers before that. In the West, the first work on cadavers started in the 12th century.  

- In Islam, the following rule exists: "Necessities render harams permissible." This rule is included in Majalla (Ottoman Civil Code).  Therefore, a person who is about to die due to thirst and who cannot find water can drink alcohol, which is haram, so little as to save him from death. A person who is about to die of hunger and who cannot find halal food can eat something haram in order to survive. Acting upon this point, if working on cadavers is a necessity (we use necessity as an Islamic law term meaning "zarurah") in terms of human life, it is permissible. For, Islam gives great importance to protecting property, life, religion, etc.   

- While working on the dead body or after it, respect needs to be shown to the human body and it should be buried in accordance with the rules.

9 What is the permissable age of marriage?

The age for marriage changes from person, society, and conditions to person, society and conditions.

The age difference that can cause problems in the life of marriage should be paid attention in terms of being equal or similar. Since dwelling in tranquility (ar-Room 30/21), maintaining the generation of man (al-Hindî XVI/276 “Marry and increase in numbers, as I will take pride in you before other nations on the Day of Judgment” and protecting oneself from harams (for the hadith, see Tirmidhi nikah 1: Nasai, siyam 43; Bukhari, sawm 1, nikah, 2,3);  are described as the benefits of marriage in Islam, the age that one of those mentioned above is needed is the recommended age of marriage.

The fact that Allah causes some physiological, psychological changes in man should be the signs of that age. Considering that the three benefits or reasons mentioned above can be affected by the character of the community that one lives in and by the conditions of the environment, everybody should determine that age himself/herself. Marrying as soon as possible after reaching puberty is recommended both by the religion and medicine. ( Sibai, al-Mar'a 59 et al.)

As it is known, the age of puberty and growth for girls in hot countries is earlier than those in cold countries. Even today, girls in Africa complete their growth and marry at an age that can be regarded as too early for us. It is related to the state of growth rather than the number expressing the age.

It should be noted that the ages mentioned for marriage in fiqh books were determined in accordance with the characteristics of the places where the writers of those books lived.  

There are extremely amazing issues that vary from culture to culture and community to community. The viewpoint on family and man are among those variables. During the Age of Bliss, so many young people that can be regarded as children by us fought in battles through the permission of the Prophet and were wounded or martyred. We also saw similar examples in the War of Independence. We watched something on TV a few days ago. One school was left without any students because all of the students of that school took part in the War of Independence (It is something that the modern point of view will label as “child abuse” and display. Now, they are trying to give that school the title “Ghazi” (warrior)!

Therefore, when we talk about the Arab community of 1400 years ago, we should not forget that we are members of “modernized” (that is, members that have been degenerated and started to think like Westerners) community. The world does not consist of only the geography and history that we live in.  

Our religion does not order us to marry our daughters when they are nine years old. On the contrary, it is recommended that a girl be married when she feels ready for marriage; once our Prophet intervened and prevented a father who wanted to marry her daughter by force.

That is, it is theoretically possible to marry at the age of nine but it should not be understood as an order.

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How old was Aisha (PBUH) when she got married to the Prophet Muhammad (PBUH)?