Sunday, March 29, 2009

The Kindred of Kinship


The Kindred of Kinship 
 
Who are the kindred (arham) with whom one must uphold the ties of kinship?

Allah, the exalted, and His Messenger
(Sallallāhu 'alayhi wa sallam) have enjoined the upholding of the ties of kinship. Who are the kindred with whom we must uphold the ties of kinship? Are they on the father’s side, the mother’s side or the wife’s side?

In the Name of Allāh, Most Gracious, Most Merciful;
All praise and thanks are due to Allāh, May Allāh blessings and peace be upon His Messenger.

Firstly: The scholars differed as to the definition of the kindred with whom ties of kinship must be upheld. 

There are three views: 

1- The mahrams (those whom one is forbidden to marry)
2- Those who will inherit from you
3- All blood relatives, whether they are heirs or not.

The correct scholarly view is the third one, which it refers to all blood relatives – not relatives through breastfeeding – on both the father’s side and the mother’s.

As for the wife’s relatives, they are not kindred (arham) for the husband, and the husband’s relatives are not kindred for the wife.

Who are one's kindred and relatives? Some people say that the wife’s relatives are not kindred.

The kindred (arham) are the blood relatives on your mother’s and father’s sides. They are the ones meant in the verses in al-Qur’ān in which Allāh says:

“But kindred by blood are nearer to one another (regarding inheritance) in the decree ordained by Allah”

[Al-Anfal 8:57; Al-Ahzab 33:6]

The closest of them are fathers, mothers, grandparents, children and their children, no matter how far the line of descent goes. Then the next closest and the next closest of brothers and their children, paternal uncles and aunts and their children, and maternal uncles and aunts and their children. 

It is narrated in a sahih report from the Prophet (Sallallāhu 'alayhi wa sallam) that someone asked him: 

“Whom should I honour, O Messenger of Allāh?” He said, “Your mother.” He said: “Then whom?” He said: “Your mother.” He said: “Then whom?” He said, “Your mother.” He said: “Then whom?” He said: “Then your father, then the next closest and the next closest.” 

[Narrated by Muslim]

And there are many similar ahadith.

With regard to the wife’s relatives, they are not kindred of her husband, because they are not his relatives, but they are kindred of his children from her.

[Fatawa Islamiyyah (4/195)]

The relatives of each spouse are not kindred of the other spouse, but they should still be treated kindly, because that is part of the good treatment of the spouses towards one another, and it is one of the ways of increasing love.

It was narrated in the Sahihayn that the Prophet (Sallallāhu 'alayhi wa sallam) said: 

“Whoever would like his provision to be increased and his life span to be extended let him uphold the ties of kinship.”

Secondly:  Upholding the ties of kinship may be done in many ways, such as visiting, giving charity, treating them kindly, visiting them when they are sick, enjoining them to do what is good and forbidding them to do what is evil, and so on.

Al-Nawawi (rahimahullah) said: 

Upholding the ties of kinship means kind treatment of relatives according to the position of each of them. Sometimes it may be by giving money, sometimes by serving them, sometimes by visiting them, or greeting them, and so on.

[Sharh Muslim (2/201)].

Scholars regarded upholding the ties of kinship depend on what is customary among people, because it is not defined in the Qur’ān and Sunnah in precise terms of type or amount. The Prophet (Sallallāhu 'alayhi wa sallam) did not limit it to any specific thing; rather it is general in meaning. Hence reference should be made to what is customary. Whatever is customarily regarded as upholding the ties of kinship is upholding the ties of kinship, and what the people customarily regard as breaking the ties of kinship is breaking the ties of kinship.

And Allāh Knows Best.


[Via Islam QA]



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