Decree of the Esteemed Amir-ul-Momineen (may Allah protect him) Regarding prevention of improper customs during weddings, calamities, and upon return from Hajj and Umrah

بِسْمِ اللهِ الرَّحْمٰنِ الرَّحِيم
الحمدلله ربِّ العٰلمین والصَّلوٰة والسَّلام علٰی سیِّد المُرسلین و علٰی آله و أصحابه أجمعین.

The religion of Allah, which was conveyed and explained to humanity by the Seal of the Prophets, Muhammad (peace be upon him), encompasses all forms of goodness, prosperity, and happiness for this world and the hereafter. By adhering to it, all human problems are resolved, and in every stage of life, people are granted unparalleled ease. Allah is pleased with His religion and has invited His servants, out of His mercy, to reflect, ponder, and act upon it.

He has made the Prophet Muhammad (peace be upon him) a model for implementing the religion in all aspects of life. Allah has commanded us to follow what the Prophet (peace be upon him) brought and to abstain from what he prohibited. As Allah, the Exalted, says in the Quran:

﴿لَقَدْ كَانَ لَكُمْ في رَسُول ﷲ ‌أُسْوَةٌ حَسَنَةٌ…﴾(الأحزاب: 21)

Surely, you have in the actions of the Messenger of Allah the best model to follow (Kabuli Tafsir).

Likewise Allah (SWT) Says,

﴿وَما آتاكُمُ الرَّسُولُ ‌فَخُذُوهُ وَما نَهاكُمْ عَنْهُ فَانْتَهُوا﴾(الحشر، آیت: ۷).

And whatever the Messenger has given you, take it; and what he has forbidden you, refrain from it. (Al-Hashr: 7)

Furthermore, anything not part of the religion has been rejected and invalidated by the Prophet (peace be upon him). As narrated by Aisha (may Allah be pleased with her), the Prophet (peace be upon him) said:

: مَنْ عَمِلَ عَمَلًا لَيْسَ عَلَيْهِ أَمْرُنَا ‌فَهُوَ ‌رَدٌّ.

Whoever introduces something into this matter of ours that is not part of it will have it rejected.

It is also narrated from Imam Sha’bi (may Allah have mercy on him) that Umar ibn al-Khattab (may Allah be pleased with him) said:

یآأیهاالناس رُدُّوا الجهالاتِ إلى السنةِ.

O people, return misguided practices to the Sunnah.

Drawing inspiration from the aforementioned verses and the esteemed Hadith, the Islamic Emirate aims to transform practices conflicting with the Sunnah into aligning with the Sunnah across all facets of life. The foundation for this initiative is rooted in the understanding that marriage (nikah) embodies the Sunnah. Regrettably, in our society, incorrect and detrimental customs have intertwined with this Sharia and Sunnah tradition to such an extent that individuals not only face financial losses in a material sense but also engage in various religious transgressions. To address and prevent these issues, a few examples are highlighted here for rectification and avoidance.

 Excessive Dowry (Mahr), is not a good deed

The Shariah encourages ease and discourages excessive expenses in marriage.
– The Prophet (peace be upon him) said:

«إِنَّ ‌‌أَعْظَم ‌النِّكَاحِ بَرَكَةً أَيْسَرُهَ مَؤُونَةً»^([1])

([1])   مسند أحمد (41/ 75) رقم الحديث(24529)، مُسْنَدُ الصِّدِّيقَةِ عَائِشَةَ بِنْتِ الصِّدِّيقِ رَضِيَ اللَّهُ عَنْهَا.

The most blessed marriage is the one with the least burden.

– In another hadith, the Prophet (peace be upon him) said:

“تَيَاسَرُوا فِي الصَّدَاقِ، إِنَّ الرَّجُلَ يُعْطِي الْمَرْأَةَ حَتَّى يَبْقَى ذَلِكَ فِي نَفْسِهِ عَلَيْهَا حَسِيكَةً…”^([1])

([1])  مصنف عبد الرزاق الصنعاني (6/ 174)، رقم الحديث(10398).

Make the dowry easy, for if a man gives too much dowry, it may lead to resentment.

– Umar (may Allah be pleased with him) said:

أَلاَ لاَ تُغَالُوا صَدُقَةَ النِّسَاءِ، فَإِنَّهَا لَوْ كَانَتْ مَكْرُمَةً فِي الدُّنْيَا، أَوْ تَقْوَى عِنْدَ ﷲ لَكَانَ أَوْلاَكُمْ بِهَا النَّبِيُّ صَلَّى ﷲ عَلَيْهِ وَسَلَّمَ.^([1])

([1]): (صحيح سنن أبي داود، باب الصداق، برقم: 1834).

Do not exaggerate in the dowry of women, for if it were a sign of honor in this world or piety before Allah, the Prophet (peace be upon him) would have been the most deserving of it.

The jurists have emphasized that reducing the dowry is Sunnah and preferable.

Dowry is the entitlement of a married woman, and it is impermissible for anyone else to utilize it.

The right to the dowry belongs solely to the woman, and no one can use it without her explicit consent. Jurists, may Allah have mercy on them, have stated that fathers and grandfathers who consume the dowries of their daughters or granddaughters are considered usurpers and transgressors against the dowry. Fathers and grandfathers are responsible for safeguarding the dowry, and any consumption of it without the woman’s approval is deemed unlawful.

In the same vein, brothers, uncles, and other relatives have no authority to access or utilize the dowries of sisters, nieces, or other female relatives without their consent. Any forced consumption of the dowry by fathers or relatives leads to a reduction in the dowry itself. Nowadays, significant amounts of money are often designated as dowry, yet fathers and other relatives consume it, providing women with minimal sums under the guise of the dowry.

In light of these practices, scholars affiliated with the jurisprudential councils under the Central Dar-ul-Ifta of the Islamic Emirate of Afghanistan, esteemed sheikhs, members of the Economic Commission, and representatives from relevant ministries and Emirati agencies have identified various customs. These customs, aside from being forbidden by Sharia law and promoting extravagance, have contributed to significant economic challenges and social and moral unrest.

Based on these considerations, the following guidelines are endorsed:

 

Guidelines for Marriage Matters

1. The legal guardian of an adult woman, typically her father or brother, is obligated to uphold her legal rights.
2. The guardian must seek the woman’s input and consent in matters concerning her upbringing.
3. It is unlawful for the guardian to compel the woman into marriage without her explicit agreement.
4.  If a guardian forcibly marries off a woman without her consent, she has the right to file a complaint with the courts and relevant authorities. In such cases, the decree on women’s rights issued by the esteemed Amir al-Momineen (May Allah Protect Him) on 27/4/1443 Hijri (No. 83J1) must be observed.
5. In Islamic perspective, a woman holds equal independence to a man in marriage matters. She remains independent and cannot be coerced into marriage by her in-laws or father-in-law post the death or divorce of her husband.
6. The dowry given in marriage belongs solely to the woman, and it cannot be taken from her without her consent.
7. Unlawful acts such as shooting, forcibly marrying, or violating a woman’s rights should be prosecuted in the courts of the Islamic Emirate.
8. A marriage must be witnessed to be considered valid under Islamic law.
9. The minimum dowry in Islamic law is ten dirhams, with no upper limit. If the woman agrees, she can marry for this amount. Otherwise, only a compassionate father or grandfather can offer less without the woman’s consent.
10. Islamic law promotes reducing dowry practices to discourage excessive demands.
11. Soliciting money from in-laws for purposes other than the dowry is considered bribery.
12. After the engagement, holding extravagant feasts under names such as (public announcement), paikha arthi (engagement banquet), wedding sweets ceremony, or double gift-giving is unnecessary and should be avoided. It is not allowed to have a second round of gift-giving, and even the first round (small dustmal) should involve only a small number of male and female guests. Gifts at these events should be restricted to the bride and groom only, consisting of clothes and modest personal items. Expensive gifts such as cars, motorcycles, houses, or other costly items should not be given.
13. The Dustmal (Engagement) ceremony should not be held in hotels, as it constitutes extravagance. Allah Almighty says:    ﴿يَا بَنِي آدَمَ خُذُوا زِينَتَكُمْ عِنْدَ كُلِّ مَسْجِدٍ وَكُلُوا وَاشْرَبُوا وَلَا تُسْرِفُوا إِنَّهُ لَا يُحِبُّ الْمُسْرِفِينَ﴾ (الاعراف: آیت 31). “O descendants of Adam! Wear your beautiful apparel at every place of worship, and eat and drink, but do not waste extravagantly. Surely, Allah does not like the wasteful.” (Kabuli Tafsir)
14. Efforts should be made to expedite marriage after engagement.
15. Limited and non-repetitive weddings are encouraged. The groom can provide the wedding attire without extravagance.
16. Wedding ceremonies should be modest, held at the groom’s chosen venue without unnecessary opulence.
17. The groom should not use state owned (IEA Owned) vehicles for the wedding ceremony.
18. It is not permissible for the groom to present food, whether raw or cooked, to the bride’s family during the wedding. Soliciting or expecting the bride’s family to cover expenses such as sweets and wedding costs, or requesting clothing from the groom under terms like “dudi” or “takri,” is also prohibited. According to Sharia law, these actions are considered unlawful.
19. It is prohibited during weddings to seek money from the bride’s maternal uncle, cousins, villagers, household staff, or the groom’s family on their behalf. However, if someone voluntarily offers money to a village servant who traditionally assists during weddings, there is no shame in accepting it.
20. Games at weddings where prizes such as cars or motorcycles are awarded to winners are forbidden to prevent unnecessary extravagance. Nonetheless, competitions without material rewards may be organized.
21. Activities like shooting, using state (Emirati) vehicles, conducting races with cars or motorcycles, organizing large processions, or any actions that obstruct roads, cause harm, or disturb people are forbidden during wedding ceremonies, handkerchief rituals, or any related events.
22. The practice of giving gifts, whether clothing or money, to the bride from individuals outside her household during or after the wedding, followed by a reciprocal gesture from the bride, is prohibited. This custom often leads to burdensome exchanges and can foster animosity instead of affection.
23. Guests from outside the groom’s family are not to offer monetary gifts to the bride during the (Dasmal) ceremony, nor should the bride’s family provide clothing or gifts to the guests. Honoring guests should not be pursued for the sake of extravagance and insincerity.
24. The practice of Exchange/Mukhi is discouraged due to its negative implications and should be avoided whenever possible. If Exchange/Mukhi does occur, it is essential to establish and provide a dowry. Scholars are urged to educate the public on the disapproval of Exchange/Mukhi.

Guidelines for Funeral Ceremonies

In certain regions, it is customary for the family of the deceased to provide food and entertainment to villagers and others on specific days, a practice that jurists have disapproved of. Various jurists have expressed their views on this matter as follows:

• Providing meal to people on the day of a death is considered makruh as feasting is associated with joy, not mourning. This practice is deemed as a negative innovation.
• Preparing food for those who gather at the time of a death is considered sinful, as it can be seen as a display of good conduct. Shouting and making noise during such gatherings are considered major sins.
• Providing food for mourners is disliked as it can intensify their grief and may resemble practices from the Pre-Islamic Period.
• Traditional charity often serves personal interests and vanity rather than being solely for the sake of Allah. Hence, it is advised to avoid such practices.
• Even if traditional charity is permissible, it is disliked and should be abandoned due to the misconception that it is obligatory.

In light of the religious reasons mentioned above and the potential social, religious, and economic harms that may arise, it is imperative to adhere to the following points:

1. It is prohibited for the family of the deceased to follow traditional practices such as providing food on specific days (first, third, seventh, and fortieth day) following the death. Instead, giving charity in any form, as long as certain conditions are met, can bring reward to the deceased.
2. Giving charity from an orphan’s property after the death of the deceased, even with the orphan’s permission, is forbidden. Those who handle an orphan’s property in this manner will be held accountable.
3. The custom of visiting the deceased’s house to offer condolences on the deceased’s first Eid is considered improper and should be avoided.
4. The practice of transferring a woman to her ancestral cemetery after death is not legally mandated. It is preferable to bury her in her husband’s or children’s cemetery.
5. It is advisable for neighbors and relatives to provide food for the deceased person’s household.
6. Islamic law allows a three-day period for offering condolences following the burial, with exceptions for absent individuals to offer condolences afterward.
7. Visiting the deceased person’s house multiple times with the intention of offering Fatiha after reciting it once is considered makruh.
8. Emirati officials do not publicly announce Fatiha for their deceased relatives; they may privately observe Fatiha in their residence for three days without public announcement.
9. The process of absolution (Hilah Isqat) is conducted for a deceased person who dies without a will or whose will does not cover the obligatory ransom. Specific guidelines for absolution should be followed in accordance with Hanafi jurisprudence.
10.  Absolution Conditions (Hilah Isqat) in Islamic Law are as Follows:
    1. Money collected for the ritual of isqat should be allocated solely to the poor and not to the wealthy, children, those lacking mental capacity, fools, or non-believers.
    2. The ritual of isqat should not be performed for the sake of tradition or display; rather, it should be carried out with the intention of fulfilling the deceased’s obligations.
    3. Heirs of the deceased should not borrow money or goods from individuals who do not own them, nor should they borrow from a partner without the other partner’s consent.
    4. The individual offering isqat must be either the heir of the deceased or the heir’s authorized representative. The representative should be informed that they will continue to act on behalf of the heir in distributing and reclaiming the funds for subsequent periods.
    5. The deceased’s prayers and fasts must be accurately recorded. If precise details are unavailable, they should be estimated based on strong assumptions.
    6. When giving to the poor, the intention should be that the recipients become the rightful owners of the money and items.
    7. The poor recipients should be made aware, either directly or through another party, that accepting the items will transfer ownership to them.
    8. The giver of isqat to the poor should refrain from attempting to reclaim the items immediately and should allow the recipients to possess them.
    9. The giver should inform the poor recipient that the items are ransom on behalf of the deceased for prayers, fasts, vows, etc., and upon acceptance, the poor person becomes the owner.
    10. The giver should ensure that the recipient is content with the charity given after the designated period, ensuring the recipient’s satisfaction.
    11. If a person commits an offense during the Hajj months, they should avoid giving such a significant sum to a poor person that it becomes obligatory for them to perform Hajj.
    12. If the deceased did not leave a will, a portion of their wealth can be given to the poor with the approval of the heirs, excluding absent or minor heirs. If a will exists, a portion of the deceased’s wealth, up to one-third, can be allocated to charity, even if some heirs are absent or orphaned.

Avoiding Unnecessary Expenses and Improper Customs Upon Return from Hajj and Umrah

In certain regions, it has become customary upon returning from Hajj and Umrah to host extravagant gatherings, offer charitable donations to locals and guests, and present costly gifts. Despite lacking religious endorsement, these practices have led to financial strain for many individuals, causing delays or preventing some from undertaking the sacred pilgrimages.

Therefore, it is advised that all pilgrims and travelers steer clear of such expenditures and detrimental customs.

Implementation

1. The Ministries of Interior, Tribal Affairs, Information, Hajj and religious affairs , Education, and Higher Education, along with local councils, scholars, and community leaders, are responsible for educating the public about this decree and ensuring its implementation.
2. The Administrative Office of the Government, the Ministry for the Promotion of Virtue and Prevention of Vice, the Complaints and Grievances Office, and the General Directorate for the Implementation and Supervision of Decrees must continuously monitor the implementation of the provisions stated in part 1 of this decree.

Enforcement

This decree shall take effect from the date of its issuance and shall be published in the official gazette.

Amir-ul-Momineen, Sheikh-ul-Quran wal-Hadith
Mawlawi Hibatullah Akhundzada