Heavenly Jewels

Waajib on condition that the word Insha-Allah is joined to the utterance. If a gap occurs, e.g. after taking the oath, the person remains quiet or something else was spoken of during the utterance and then Insha-Allah was said then the Qasam does not become Baatil (false) . Similarly, an action that is dependent on Kalaam (speech) for it to occur, e.g. Talaaq, Iqraar etc all become Baatil if Insha-Allah is said. (Durre­ Mukhtaar) Meaning acting against it does not incur Kafaarah ctc to become Laazim. IMPORTANT NOTE Rassoollalah fj. states, "Oath on A llah ! Inslw-Allah, if I make a Qasam and see goodness outside the oath, I shall complete that which is hetter andgiveKafaarahfor the Qasam". (Bukhari. Muslim) Another Hadeeth states, "Any person who makes a Qasam but finds goodness outside it, shouldgiveKafaarahfor the oath anddo that which is better ". (Muslim, Tirmizi) Therefore, those people who have the habit ofmaking Qasam on every issue, with some even swearing to not attend the lanaazah of their familymembers or muslim friends, should learn from these Ahadeeth. If this kind of Qasam is made, it should be broken with its Kafaarah also been given so that bonds ofmuslim brotherhood and family tics are not severed. OFFENSES AND CASTIGATION Hadd is castigation stipulated by the Shariah with increase or decrease unable to occur in its quantity. If s purpose is to stop people from perpetrating those acts for which Hadd have been implaced. The responsibility of imposing it falls to the Islamic ruler or his deputy. Therefore a father, teacher or a husband cannot implace Hadd on his son , student orwife respectively. Tazeer is punishment for a sin with the intention ofinstilling discipl ine. 245

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