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Marriage must be publicized, cannot be contracted in secret
Published in The Saudi Gazette on 26 - 05 - 2008

What is the Shariah ruling concerning proclamation of marriage and how marriage should be proclaimed?
A- Proclamation of marriage is to publicize it and let people know that a certain man has taken a certain woman in marriage.
This proclamation of marriage is desirable according to the majority of scholars. However, Az-Zuhri maintains that it is obligatory, and if a man marries a woman in secret, makes two men witness it, and orders them to keep this secret, the spouses must be separated.
Marriage is proclaimed by women's beating duff (tambourines) and singing permissible songs. Such singing - on such occasions - is lawful as long as it is free from abominable and immoral things such as saying immoral words by immoral women or men, and as long as there are no musical instruments other than duff.
Q- What are the claims to be disposed of regarding the property which is to be inherited?
A- While laying down the rules for the division of the estate of the deceased person, the first principle to be observed is that the property both movable and immovable should be divided after meeting the following obligations:
• Providing for the funeral expenses of the deceased.
• Clearing off the debts incurred by the deceased.
• Payment of bequest, if any, to the extent of one third of the total assets.
Q- What is the Shariah ruling concerning the payment of Zakat on diamonds, pearls and peridots?
A- The majority of scholars have agreed that there is no Zakah due on the aforementioned jewels and any other gems as long as they are used as adornment. Yet, if they are used for business or investment, then Zakah is to be paid for them because they will then be treated as business commodity, which includes everything that has been set out for selling and earning profit. Thus, their value is to be calculated at the end of the year, then 2.5 percent of the value is to be paid as Zakah if their value reaches the nisab, the threshold of Zakat.
Q- Is it permissible to pay Zakah before the end of the year that is stipulated to pass while it has reached the threshold of Zakat?
A- The majority of scholars of Islamic jurisprudence view that it is permissible to do so because it is a way of ‘hastening' to do something good and beneficial for the recipient of Zakah. Almighty Allah says, “...so compete in good deeds. The return of you (all) is to Allah; then He will inform you about that in which you used to differ.” (Qur'an, 5:48).
To support this view, the majority of scholars have quoted what has been narrated by Abu Dawood and others that Ibn Abbas, may Allah be pleased with him, asked Prophet Muhammad (peace be upon him), to permit him to pay Zakah due on him before the expiry of the year as a way of hastening to do good, and he (peace be upon him) allowed him to do so. Malik, however, maintains that the payment of Zakah is not legally done unless a whole year passes as ordained by the Prophet (peace be upon him).
– Extracted from 500 Questions and Answers on Islamic Jurisprudence, compiled and translated by Muhammad Abdul


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