Category: Ahwal

  • Q n A : Is Contraception Haram?


    Q
    Is Contraception Haram?


    A

    Praise be to Allah.Is it obligatory for a couple to produce children?
    We hope that our brother will be certain that not one of the scholars said that it is obligatory for a couple to produce children, and that if they do not produce twenty children then they are sinning and deserve to be punished by Allah! 
    Similarly, not one of the earlier or contemporary scholars – as far as we know – has said that it is the fate of the wife to have a baby and breastfeed every single year, or that if the couple choose to delay pregnancy and having children, that is haram. 
    We mention these facts to you, and ward off doubts based on illusion, so that we can introduce the Islamic ruling, first of all, and so as to highlight that everything that you mentioned in your question is not an argument that has any sound basis, because the Islamic ruling is far removed from what you mentioned in your question. 
    Is it permissible to delay having children?
    In fact, the Islamic evidence indicates that it is permissible to delay having children. As Jabir ibn ‘Abdullah (may Allah be pleased with said): “We used to engage in ‘azl [coitus interruptus, a form of contraception] at the time when the Quran was being revealed. (Narrated by al-Bukhari, 5208) and Muslim , 1440) ‘Azl (coitus interruptus) means ejaculating outside the woman’s vagina in order to avoid pregnancy. 
    Shaykh Ibn Baz (may Allah have mercy on him) quoted this hadith as evidence for it being permissible to space having children in order to give them a proper Islamic upbringing, when he said: 
    “If a woman has a lot of children, and it is difficult for her to give them a proper Islamic upbringing because they are so many, then there is nothing wrong with her taking something to space her pregnancies in order to achieve this important purpose, so that pregnancy will not adversely affect her or her children, as Allah has permitted ‘azl for this and similar purposes.” (Fatawa Nur ‘ala ad-Darb by Ibn Baz ed. by ash-Shuway‘ir, 21/394) 
    Is contraception haram?
    Shaykh Ibn ‘Uthaymin (may Allah have mercy on him) said: 
    “Taking contraceptive measures is permissible in principle, because the Companions (may Allah be pleased with them) used the method of ‘azl (coitus interruptus) during the time of the Messenger (blessings and peace of Allah be upon him), and he did not forbid them to do that. But it is contrary to what is preferable, because having a lot of children is something that is prescribed and is desirable.” (Fatawa Nur ‘ala ad-Darb by al-‘Uthaymin, 22/2)
    We have previously stated that it is encouraged to have a lot of righteous children .  
    The ruling on different considerations for delaying having children 
    So you may rest assured that if you and your wife decide to delay having children, as you mentioned in your question, that is not regarded as a sin or disobedience in principle, unless there are other considerations that have an impact on this individual or personal choice, which may be dictated by present-day circumstances: 

    If the decision to delay having children is widespread, at the societal, national or ummah-wide level, then in this case it becomes a destructive and negative choice, and in that case the ruling is that it is not allowed, because it has moved from being a permissible and natural matter to one that is imposed from without and will lead to negative consequences, and is therefore blameworthy. 

    If the motive for delaying having children is fear for their provision and livelihood , then this reflects a serious doubt concerning our belief in the will and decree of Allah and our belief in the abundant provision of Allah and that He will help those who strive to earn a living in the land. It reflects an unjustified fear of the future and a failure to produce and strive. In that case it is blameworthy and is not allowed, and there are clear fatwas that speak of it. 

    If the reason for not having children is arguments and conflict between the spouses , where one of them does not want children and the other one does, then the one who is refusing does not have the right to do so, because having children is a right of both spouses, and it is not permissible for one of them to refuse with no excuse or good reason.

    If the motive for delaying having children, or ceasing to do so, is to follow the cultural norms of non-Muslims and imitate them blindly, out of admiration for their culture and infatuation with their way of life, then undoubtedly the ruling in this case is that it is not allowed. One of the great principles of Islamic teaching is that the individual Muslim should be independent in his thinking and think within the framework of Islamic teaching; he should weigh up pros and cons objectively in the light of the circumstances that he lives in, and base his decisions on the Islamic principles in which he believes and with which he grew up, far removed from the illusionary psychological influences that are imposed by the media that represents the corporate powers that exist today, and should free himself from feelings of inferiority in the face of what he sees of the attitudes, customs and actions of the disbelieving nations. 

    If the means of delaying having children is medicine or surgical procedures that will prevent having children altogether (sterilisation), so that the woman or her husband will lose the ability to ever have children, then this is a serious transgression and is ingratitude for the blessing of Allah that He has bestowed upon His slaves, and it is destruction of a great blessing that Allah has instilled and created in them on the basis of great wisdom. 

    The Prophet (blessings and peace of Allah be upon him) forbade such things. This is the case concerning which there is no difference of opinion among the scholars that it is prohibited, for it is the undermining of one of the most important aims of Shari`ah and a blatant violation of one of the five necessities that Islam came to protect, which are: religious commitment, life, honour, wealth, and offspring. 
    These five cases are what the scholars refer to when they speak about spacing or limiting the number of children . They are the reason why they spoke in strict terms in many cases, so that no one would take undue advantage of the fatwas which say that contraception is permissible . 
    That is why we have mentioned these five cases here, so as to draw attention to them. In any other case, where a couple takes an individual decision on the basis of a genuine need, there is no blame on them for that. 
    Anyone who reflects on the statement of the International Islamic Fiqh Council no. 39 (1/5), which has to do with family planning, will clearly understand that the way in which it is drafted is very careful and clear, as we have explained above. It says in the statement: 
    The session of the Islamic Fiqh Council held during its fifth conference in Kuwait, 1-6 Jumada al-Akhir 1409 AH/10-15 December 1988 AH. 
    After studying the research papers presented by council members and experts on the topic of family planning, and listening to the discussion that took place on the topic, 
    And based on the fact that one of the aims of marriage according to Islamic teaching is to produce children and preserve the human race, and that it is not permissible to undermine this aim, because undermining it is contrary to the texts of Islam and their teachings which call for having a lot of offspring, protecting them and caring for them because protecting offspring is one of the five holistic principles that are promoted by Islamic teaching, 
    The council determined the following: 

    Firstly: it is not permissible to promulgate laws restricting the freedom of couples to have children. 
    Secondly: it is prohibited to completely eradicate the ability to have children in the case of either the man or the woman, which is known as sterilisation, so long as there is no necessary reason, according to Islamic standards, for doing so. 
    Thirdly: it is permissible to use temporary methods of birth control for the purpose of spacing pregnancies, or preventing pregnancy for a specific length of time, if there is a valid reason, according to Islamic teachings, for doing so, according to what a couple decide on the basis of mutual consultation and consent, on condition that this does not lead to any harm and that the method used is Islamically permissible and does not cause harm to any existing pregnancy. End quote. 

    And Allah knows best.

  • Q n A : My sister is suffering because of her husband; can I advise her to seek a divorce?


    Q
    My sister is suffering because of her husband; can I advise her to seek a divorce?


    A

    Praise be to Allah.Firstly:
    If the situation is as described in the question, undoubtedly this is one of the troubles of life. It is not appropriate for a man whom Allah has enjoined to be in charge of his household, spend on them and shoulder the responsibility of raising his children to be like this. The Prophet (blessings and peace of Allah be upon him) said: “Each of you is in a position of responsibility and each of you is answerable for those under his care. A man is in a position of responsibility over his household and is answerable for those under his care. A woman is in a position of responsibility over her husband’s house and children and is answerable for those under her care. Indeed, each of you is in a position of responsibility and each of you is answerable for those under his care.” Narrated by al-Bukhari (2278).
    It is well known that the woman has the right to ask for divorce (talaq) or khul‘ if there is a reason for that. It was narrated from Ibn ‘Abbas (may Allah be pleased with him) that the wife of Thabit ibn Qays came to the Prophet (blessings and peace of Allah be upon him) and said: “O Messenger of Allah, I do not find any fault with Thaabit ibn Qays in his character or his religious commitment, but I do not want to commit any act of disbelief after becoming a Muslim.” The Prophet (blessings and peace of Allah be upon him) said to her, “Will you give back his garden [that he had given to her as the mahr]?” She said, “Yes.” So the Messenger of Allah (blessings and peace of Allah be upon him) said to Thaabit: “Take back your garden, and divorce her.” 
    What is meant by her words “but I do not want to commit any act of disbelief after becoming a Muslim” is: I do not want to do any actions that are contrary to the rulings of Islam, such as despising my husband, disobeying him, not fulfilling his rights, and so on.
    See: Fath al-Bari (9/400).
    Shaykh Ibn Jibrin (may Allah have mercy on him) said, explaining what justifies seeking khul‘:
    If the woman dislikes her husband’s characteristics, such as if he is harsh, strict, short-tempered, filled with anger, criticizes the slightest action and rebukes her for the slightest shortcoming, then she has the right to seek khul‘.
    Secondly: if she dislikes his appearance, such as a flaw, a defect, or a deficiency in his senses, then she has the right to seek khul‘.
    Thirdly: if he is lacking in religious commitment, such as if he does not pray or is careless about attending prayers in congregation, or he breaks the fast of Ramadan with no excuse, or he goes to places where haram activities take place, such as zina, drinking, listening to music and entertainment, and the like, then she has the right to seek khul‘.
    Fourthly: If he deprives her of her rights, such as maintenance, clothing or essential needs, when he is able to provide those things, then she has the right to seek khul‘.
    Fifthly: If he does not give her her right to regular intimacy in a way that will keep her chaste because he is impotent, or has no interest in her, or he prefers someone else, or he is not fair in sharing his time [among co-wives], then she has the right to seek khul‘. And Allah knows best. End quote.
    See also the answer to question no. 1859 .
    Secondly:
    As your sister is the one who is in charge, and she knows her husband’s condition better than anyone, she is the one who should decide whether it is better to stay with him for the sake of the children despite these annoyances, because the presence of the father and the sense of family unity has a positive psychological impact on the children, gives them a good social standing and it helps in giving them a good upbringing, and in many cases it is better than separation.
    We should also note that our advice should differ, depending on whether the couple have children or not. Making sacrifices for the sake of the children’s safety, their social standing, their psychological wellbeing and sense of family is worth patience and sacrifice.
    She should also persist in calling upon Allah, asking Him to rectify his condition, and she should ask sincere and knowledgeable people to advise him. For hearts fluctuate, and they are in the hand of Allah. How many people have come back to their senses and settled down after having gone astray and misbehaved.
    If there is anyone among his family and relatives who is rational and mature in thinking, and is held in high esteem by him and can influence him, then she can seek his help to influence him and tell him about his situation, if there is the hope that this will help to rectify his condition.
    What appears to us to be the case is that if your sister shows patience, which is indicative of her rational mind and far-sightedness, no one should interfere by advising her to leave him, which could cause greater harm than the harm that results from her staying with this husband despite the problems he has.
    But if she fears for her life, her faith or her children, then let her do that; there is nothing wrong with her seeking separation from him in that case.
    And Allah knows best.

  • Q n A : Books that speak about the rulings on marriage, women, and ways of making the marriage successful


    Q
    Books that speak about the rulings on marriage, women, and ways of making the marriage successful


    A

    Praise be to Allah.The Islamic texts encourage marriage and state that it is the way of the Prophets and Messengers. Allah, may He be exalted, says (interpretation of the meaning):
    “And indeed We sent Messengers before you (O Muhammad (blessings and peace of Allah be upon him)), and made for them wives and offspring” [ar-Ra‘d 13:38]
    “And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Salihoon (pious, fit and capable ones) of your (male) slaves and maid-servants (female slaves). If they be poor, Allah will enrich them out of His Bounty. And Allah is All-Sufficent for His creatures’ needs, All-Knowing (about the state of the people)” [an-Noor 24:32]. 
    As-Sa‘di (may Allah have mercy on him) said: 
    “If they” that is, married people or those who want to get married “be poor, Allah will enrich them out of His Bounty”. So you should not let what you imagine – that if he gets married, he will become poor because of having too many dependents – prevent you from getting married. 
    This offers encouragement to get married, and is a divine promise to the one who gets married that he will become independent of means after having been poor. And Allah is All-Sufficent for His creatures’ needs that is, He is very kind and bestows much bounty
    “All-Knowing” – He knows who deserves His grace and bounty in both religious and worldly terms, or in one of them, and who does not deserve that. So He gives to all in accordance with His knowledge and wisdom.
    End quote.
    Tayseer al-Kareem ar-Rahmaan (p. 567) 
    With regard to books that speak of the virtues of marriage, the rulings thereon and ways of making marriage successful, there are many such books, including the following:
    Tuhfat al-‘Aroos by Mahmoud Mahdi al-Islambooli. This is a very useful book in which the author speaks of proposals and the rulings thereon, the essential parts and conditions of the marriage contract, the rights and duties of both spouses, and rulings on intimacy.
    [Translator’s note: This book is available in English under the title: The Bride’s Boon]
    Az-Zawaaj fi Zill al-Islam by Shaykh ‘Abd ar-Rahmaan ‘Abd al-Khaaliq, in which the author discusses the rulings on marriage in Islam, how to choose a life partner, rulings and conditions of the marriage proposal, impediments and outcomes of the marriage contract , ways to guarantee family stability, and ways of dealing with disputes between the spouses; then he speaks of the end of the marriage, either through death or separation during life by means of talaaq, khula‘ or annulment of the marriage.
    Az-Zawaaj al-Islami as-Sa‘eed by Mahmoud al-Masri Abu ‘Ammaar
    [Translator’s note: other books available in English include the following:
    A Gift for a Muslim Bride by Muhammad Haneef Abdul Majeed
    Secrets to a Successful Marriage by Afshan Khan
    Traversing the Highs and Lows of Muslim Marriage by Sadaf Farooq]
    With regard to books that speak about rulings having to do with Muslim women, there are also many such books. By way of example we may mention Jaami‘ Ahkaam an-Nisa’ by Shaykh Mustafa al-‘Adawi and Fataawa al-Mar’ah al-Muslimah, compiled by Ashfraf ‘Abd al-Maqsood
    And Allah knows best.

  • Q n A : Wife refusing to fulfil her duties towards her husband because he is not spending on her


    Q
    Wife refusing to fulfil her duties towards her husband because he is not spending on her


    A

    Praise be to Allah.Firstly:
    It is obligatory for a man to spend on his wife, and your father did spend on her when he was able to, for twenty years, as you explained in your question.
    According to Islamic teachings, your father is still regarded as spending on your mother, because spending on her has nothing to do with the issue of where he is getting the money from that he spends on her.
    The other issue is that the sons’ spending on their mother is to be regarded as being like the father spending on her, because the Prophet (blessings and peace of Allah be upon him) said: “You and your wealth belong to your father.” Ahmad (6902); classed as sahih by al-Albani in al-Irwa’ (1625).
    And the Prophet (blessings and peace of Allah be upon him) said: “The best food that you eat is what you earn by your own hands, and your children are part of your earnings.” At-Tirmidhi (1358); classed as sahih by al-Albani.
    Shaykh Ibn Baz (may Allah have mercy on him) said: The father is obliged to spend on his wife, if her children cannot take care of her. But if her children are covering her expenses and they have been covering all her needs, then that is sufficient, because the children are his children too, and his rights over them are great. The Messenger (blessings and peace of Allah be upon him) said: “You and your wealth belong to your father.” So if they are covering their mother’s needs and spending on her, that is sufficient, praise be to Allah.
    But if they are not covering her needs, and she is asking for maintenance, she has a choice: if she wishes, she may be patient, or if she wishes, she may say: Divorce me. She may ask for divorce if she cannot be patient, otherwise she should be patient. If her children spend on her and cover her needs, praise be to Allah, and there is no blame on the husband… If his children spend on her, then she has no right to complain or ask her husband to spend on her, because his children’s spending on her is like his spending on her. If they spend on her what is sufficient for her needs, praise be to Allah. If they do not spend on her and he does not spend on her either, then she may ask for divorce. (From the shaykh’s website.)
    Based on that, so long as you and your brother are spending on her and covering her needs, she has no right after that to ask for more maintenance from your father, and he is entitled to all his rights over her in full.
    Once this is established, then it becomes clear that your mother’s refusing intimacy on the grounds that the father is not spending on her is not permissible, and as a result she is regarded as defiantly disobedient and is sinning.
    She must fear Allah, for this is a grievous sin. It is soundly narrated from the Prophet (blessings and peace of Allah be upon him), as is stated in the hadith of Abu Hurayrah (may Allah be pleased with him), that the Prophet (blessings and peace of Allah be upon him) said: “If a man calls his wife to his bed and she refuses to come, the angels will curse her until morning.” Narrated by al-Bukhari (3065).
    According to another hadith, “There is no man who calls his wife to his bed and she refuses, but the One Who is in heaven will be angry with her, until he is pleased with her.” Narrated by Muslim (1436).
    Secondly:
    From your question, it seems that your father was not falling short with regard to your mother’s rights or your rights when he was able to spend on you. When his circumstances changed and he was no longer able to spend, your mother forgot his kindness. This is ingratitude towards the husband concerning which the Prophet (blessings and peace of Allah be upon him) warned the woman who does that of Hell. According to the hadith, the Prophet (blessings and peace of Allah be upon him) said: “I was shown Hell, and I saw that most of its inhabitants are women who are ungrateful (yakfurna).” It was said: Do they disbelieve (yakfurna) in Allah? He said: “They are ungrateful (yakfurna) to their husbands and are ungrateful for kind treatment. If you show kindness to one of them for a lifetime, then she sees something from you, she says: I have never seen anything good from you.” Narrated by al-Bukhari (29).
    Ibn Battal (may Allah have mercy on him) said: This refers to the husband. Allah enjoined His Messenger to show gratitude for blessings. It says in the hadith: “He does not thank Allah who does not thank people.” Gratitude for the kindness of the husband comes under the heading of gratitude for the blessings of Allah, because every favour the husband does to his family is a blessing from Allah that He caused to come at his hands.”(Sharh Sahih al-Bukhari by Ibn Battal (1/89).
    What the hadith means is that they are denying kind treatment… This indicates that the one who denies the kindness of the one who was kind to him is blameworthy. Al-Karmani said: That is, you [women] deny the kind treatment of the husband and think little of whatever he gives you. We may understand from the warning of hellfire for being ungrateful and cursing a great deal that these are major sins. See: Sharh Ibn Majah by as-Suyuti, et al. (p. 289).
    Hence it is important to advise your mother regarding this matter, and tell her that showing kindness to her husband is one of the means of a woman attaining the pleasure of Allah, and is one of the means of her attaining happiness in this world and the hereafter.
    And Allah knows best.

  • Q n A : She refuses to get married for fear that her husband might force her to work


    Q
    She refuses to get married for fear that her husband might force her to work


    A

    Praise be to Allah.We are very happy to see among the youth of our ummah people with enlightened minds and pure hearts, both young men and young women, who are able to cast off the chains and fetters of division and differences, and return to the purity of Islam as Allah revealed it to Muhammad (blessings and peace of Allah be upon him). That is an immense and incomparable blessing, because the people became divided after the time of the Prophet (blessings and peace of Allah be upon him) into sects and parties, each of them adhering to the call of their shaykhs and imams, until Islam became like a stranger among these groups and sects, despite the fact that Allah, may He be glorified and exalted, says (interpretation of the meaning):
    “Verily, those who divide their religion and break up into sects (all kinds of religious sects), you (O Muhammad (blessings and peace of Allah be upon him)) have no concern in them in the least. Their affair is only with Allah, Who then will tell them what they used to do” [al-An‘aam 6:159]. 
    We congratulate you and commend your way of thinking and focusing on the most important questions in life, those that have to do with religious commitment and beliefs, and what a person should believe in and adhere to with regard to Allah, may He be glorified and exalted. 
    This path begins with the first step, which you have taken on the basis of what Allah, may He be glorified and exalted, has blessed you with of a mind that is able to ponder and reflect, far removed from all previous intellectual and social influences. Hence you read the Holy Qur’an far removed from sectarian distortions and interpretations that detract from the clarity of the text and deprive the reader of its benefits. So you ponder the word of Allah, may He be glorified and exalted, that He sent down to guide mankind and enlighten humanity, and you will inevitably find therein guidance and enlightenment for yourself too, in clear and straightforward words in most of its verses and chapters. So you read therein the words of Allah, may He be glorified and exalted (interpretation of the meaning):
    “And this is a blessed Book (the Qur’an) which We have sent down, so follow it and fear Allah (i.e. do not disobey His Orders), that you may receive mercy (i.e. saved from the torment of Hell)” [al-An‘aam 6:155]
    “(This is the) Book (the Quran) sent down unto you (O Muhammad (blessings and peace of Allah be upon him)), so let not your heart be troubled about it, that you warn thereby, and a reminder unto the believers.
    (Say (O Muhammad (blessings and peace of Allah be upon him)) to these idolaters (pagan Arabs) of your folk:) Follow what has been sent down unto you from your Lord (the Qur’an and Prophet Muhammad’s Sunnah), and follow not any Awliya (protectors and helpers, etc. who order you to associate partners in worship with Allah), besides Him (Allah). Little do you remember” [al-A‘raaf 7:2-3]. 
    As guidance is connected to following the Holy Qur’an and following Allah’s noble Messenger Muhammad (blessings and peace of Allah be upon him), then what guidance could you find after that in the opinions and views of human beings? What happiness could we seek other than in the noble Book and the Prophet’s Sunnah? 
    Why would we introduce intermediaries between us and these two lights? Do we not have minds with which to think? Has Allah may He be glorified and exalted, not created for us hearts with which to distinguish between truth and falsehood? So why do we persist in imitating that with which we may have grown up of sectarian notions or esoteric factions? 
    Where do we find these factions in the Book of Allah, and where do we find them in the Sunnah of the Messenger of Allah (blessings and peace of Allah be upon him)? 
    Do you think that we will enter Hell if we do not believe in a particular imam or a particular sect? 
    Does it make sense to suggest that we will enter Hell if we do not believe in things that neither the Holy Qur’an nor the noble Prophet Muhammad (blessings and peace of Allah be upon him) taught us? 
    These are very few simple questions that will lead us to cast away all these sects and factions and weird beliefs, and to become certain of the path that we follow, far away from them and closer to the pure Tawheed (affirmation of the Oneness of Allah) that is the religion of all of the Prophets (peace be upon them). 
    Allah, may He be glorified and exalted, says (interpretation of the meaning):
    “Say: ‘Obey Allah and obey the Messenger, but if you turn away, he (Messenger Muhammad (blessings and peace of Allah be upon him)) is only responsible for the duty placed on him (i.e. to convey Allah’s Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messengers duty is only to convey (the message) in a clear way (i.e. to preach in a plain way).’” [an-Noor 24:54]
    “And whatsoever the Messenger (Muhammad (blessings and peace of Allah be upon him)) gives you, take it, and whatsoever he forbids you, abstain (from it) , and fear Allah. Verily, Allah is Severe in punishment” [al-Hashr 59:7]. 
    Moreover you should understand that the teachings of Islam do not instruct you to give up studying for fear that your husband may force you to work. The husband has no right to force his wife to do that, and by the same token he has no right to your wealth or property. Rather you can stipulate (in your marriage contract) whatever is appropriate for you and your situation. If you both agree that you can work in an appropriate environment, there is nothing wrong with that, so long as you strive to adhere to Islamic guidelines. 
    If you yourself do not want to work, then no one has the right to stipulate that you must do that, and you have the right to state that and stipulate whatever you wish to anyone who proposes marriage to you, so long as you do not make that a barrier that prevents you from getting married. Rather you should strive to maintain your chastity by getting married and choose for yourself a righteous husband who will take you from the environment, beliefs and traditions with which you have grown up and help you to adhere to the true and pure religion. It is not essential that his outward appearance should be such that it would cause your family to reject him; rather it is sufficient that he should be of good character and generally acceptable in terms of religious commitment, one who is keen to follow his religion and who prays regularly. 
    If you want to delay postgraduate study until after marriage, then you know best what is appropriate for you. But if you want to complete your studies, whilst striving to reduce things that are contrary to Islamic teachings to the best of your ability, and you are keen to pray on time so that the time for prayer does not end before you offer the prayer, except in exceptional circumstances and emergencies, then do that, and we hope that there will be nothing wrong with you doing that, in sha Allah. 
    Going out of the house does not require a mahram; rather it is in the case of travel that that is required, especially if you adhere to hijab and proper conduct, and there is no danger posed by aggressors. 
    But if you fear for yourself, that you may be subject to aggression, or you fear losing your religious commitment, or you are not able to observe hijab or adhere to the guidelines of your religion, then give precedence to all of that over the interests of work. 
    And Allah knows best.

  • Q n A : What is the ruling on using an artificial womb to have children?


    Q
    What is the ruling on using an artificial womb to have children?


    A

    Praise be to Allah.Firstly:
    If the wife is not able to get pregnant in the natural manner, there is nothing wrong with using artificial insemination or what is known as “test-tube babies”. This refers to fertilising the egg in a test tube, then implanting it in the wife’s uterus. That is subject to the condition that the sperm and egg come from the husband and wife respectively, and the fertilised egg is not implanted in the womb of another woman (surrogate pregnancy).
    It says in a statement issued by the Islamic Fiqh Council during its seventh session in 1404 AH:
    “The third method is that in which the semen and egg from a man and woman who are married to one another are taken and fertilisation occurs externally, in a test tube, then the fertilised egg is implanted in the uterus of the wife, from whom the egg was taken. This method is acceptable in principle from an Islamic perspective, but it is not completely free of problems that could give rise to doubts concerning the procedure and the circumstances in which it is done. So it should not be resorted to except in cases of extreme necessity, after all the conditions referred to above are met.”
    These conditions include:
    “C. In the case where uncovering the ‘awrah of the woman is permitted for a legitimate reason in front of someone with whom sexual intercourse is not permissible, the one who is providing treatment should be a Muslim woman, if possible. Otherwise, it should be a non-Muslim woman; if that is not possible then it should be a trustworthy male Muslim doctor; and if that is not possible, it may be a non-Muslim male. This is the order of preference.
    It is not permissible for the treatment provider to be alone with the woman whom he is treating; rather her husband or another woman should also be present.
    The Council has affirmed that the need of a married woman who cannot have children and the need of the husband to have children are regarded as legitimate needs that make it permissible to treat the woman in a permissible manner, using one of the methods of artificial insemination.”(Qararat al-Majma‘ al-Fiqhi bi Makkah al-Mukarramah, p. 149).
    Secondly:
    If it is not possible to implant the fertilised egg in the uterus of the wife because she is suffering from uterine cancer, for example, then there comes to mind the idea of an artificial womb.
    Dr. Muhammad ibn Ha’il al-Madhaji said: The idea [of the artificial womb] may be summed up as allowing the fertilised human egg to settle in an artificial womb by re-creating the natural environment of the woman’s uterus in a plastic incubator to enable the foetus to go through all the stages of development until it reaches the point of birth, whereby the foetus is placed in artificial fluid and its blood is supplied with oxygen. The foetus remains in that incubator, which guarantees all that is required for life and survival outside the uterus, until it is fully developed and the time comes for it to emerge.”(Ahkam an-Nawazil fi’l-Injab, p. 587).
    He researched the ruling on this issue and mentioned different scholarly views, noting that most contemporary scholars who researched this issue were of the view that it is permissible. He quoted the evidence given by the two groups, and reached the following conclusions:
    1.. This idea is something that could never happen, because it is not possible to produce an environment that may be described as “a safe repository” (al-Mu’minun 23:13) like the natural womb, for the foetus to grow in. Even if science were able to produce such a thing, it is unlikely that the foetus would be safe and free from harm.
    2.. The view that it is haram is more likely to be correct, because it is contrary to the natural way that has been decreed by Allah, and there is great potential for harm.
    The doctor mentioned that the goat foetuses that were subjected to experiments of this nature died a few days after birth, even though they grew in their mothers’ wombs except for the last three weeks before birth.
    See: Ahkam an-Nawazil fi’l-Injab, p. 862.
    Conclusion:
    This method has not yet been proven to have been tried on humans as far as we know, let alone having been proven to be free of harm.
    What appears to be the case is that if it is proven to have been tried on humans, then in order for it to be permissible, the following conditions must be met:
    1.. It must meet the conditions of artificial insemination referred to above.
    2.. The tissues that are used to create the artificial womb must be permissible tissues and not haram; they should not be taken from anyone other than the husband and wife.
    3.. The procedure must be free of anything that could harm the foetus.
    4.. It should be not possible to implant the fertilised egg in the wife’s womb.
    We re-affirm that surrogate pregnancy is haram, as stated previously in the answer to question no. 22126 .
    And Allah knows best.

  • Q n A : Is it proven that the righteous wife will have a reward like that of one who fasts and prays qiyaam?


    Q
    Is it proven that the righteous wife will have a reward like that of one who fasts and prays qiyaam?


    A

    Praise be to Allah.Perhaps you are referring to the report that was narrated by at-Tabaraani in al-Mu‘jam al-Awsat (6733), and Ibn ‘Asaakir in his Tareekh (43/348), via ‘Amr ibn Sa‘eed al-Khawlaani from Anas ibn Maalik, according to which Salaamah the nurse of Ibraaheem, the son of the Prophet (blessings and peace of Allah be upon him), said: O Messenger of Allah, you give the men all kinds of glad tidings but you do not give the women such glad tidings? He said: “Would it not please one of you that if she is pregnant from her husband and he is pleased with her, that she will have the reward of one who fasts and prays qiyaam for the sake of Allah?…” 
    This hadeeth is fabricated. It was narrated by Ibn al-Jawzi in al-Mawdoo‘aat (2/274). He said: 
    Ibn Hibbaan said: ‘Amr ibn Sa‘eed is the one who narrated this fabricated hadeeth from Anas; it is not permissible to quote it except by way of highlighting an example of a fabricated hadeeth. And as-Suyooti agreed with him in al-La’aali’, 2/175
    End quote. Silsilat al-Ahaadeeth ad-Da‘eefah wa’l-Mawdoo‘iyyah (5/76). 
    It was also narrated by Ibn Hibbaan in al-Majrooheen (1/238) and by Ibn ‘Adiyy in al-Kaamil (3/167) via al-Hasan ibn Muhammad al-Balkhi from ‘Awf al-A‘raabi from Ibn Sireen from Abu Hurayrah, who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If a woman becomes pregnant, she will have the reward of one who fasts, prays qiyaam, is devout, fears Allah and strives in jihad for the sake of Allah, may He be glorified and exalted.” 
    Ibn ‘Adiyy said: It is munkar (odd). It was also narrated by Ibn al-Jawzi in al-Mawdoo‘aat (2/274). Al-Albaani said in ad-Da‘eefah (5085): It is mawdoo‘ (fabricated). 
    There is no need for this fabricated report, because we have the report that was narrated by Imam Ahmad (1664) from ‘Abd ar-Rahmaan ibn ‘Awf (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “If a woman offers her five (daily) prayers, fasts her month (Ramadan), guards her chastity and obeys her husband, it will be said to her: Enter Paradise by whichever of its gates you wish.” 
    Classed as saheeh by al-Albaani in Saheeh al-Jaami‘, 660 
    For more information please see the answers to questions no. 96584 and 121557 
    And Allah knows best.

  • Q n A : Is Marriage Half of the Religion?


    Q
    Is Marriage Half of the Religion?


    A

    Praise be to Allah.The Sunnah indicates that it is prescribed to get married , and that it is one of the Sunnahs of the Messengers . By getting married a person can, with the help of Allah, overcome many of the traps of evil, for marriage helps him to lower his gaze and guard his chastity. 
    The Prophet (peace and blessings of Allah be upon him) said in the Hadith, “O young men, whoever among you can afford it, let him get married , for it is more effective in lowering the gaze and guarding chastity…” (Narrated by Al-Bukhari and Muslim) 
    Al-Hakim (may Allah have mercy on him) narrated in Al-Mustadrak from Anas (may Allah be pleased with him), that the Prophet (peace and blessings of Allah be upon him) said: “Whomever Allah blesses with a righteous wife, He has helped him with half of his religion, so let him fear Allah with regard to the other half.” 
    Al-Bayhaqi (may Allah have mercy on him) narrated in Shu`ab Al-Iman from Al-Raqashi (may Allah have mercy on him): “When a person gets married he has completed half of his religion, so let him fear Allah with regard to the other half.” Al-Albani (may Allah have mercy on him) said of these two Hadiths in Sahih At-Targhib wat-Tarhib (1916): “(They are) sound.” 
    And Allah is the Source of strength.

  • Q n A : What is the ruling on taking from the husband’s wealth without his knowledge to buy a house for the family?


    Q
    What is the ruling on taking from the husband’s wealth without his knowledge to buy a house for the family?


    A

    Praise be to Allah.Firstly:
    A house is something essential for humans, and if the father has provided accommodation for his wife and children to live in like that of their peers, then he is not obliged to do anything further from an Islamic point of view, unless he wants to buy a bigger house for them, if he can afford that. This is something that is recommended and encouraged according to Islamic teachings. It was narrated that Nafi‘ ibn ‘Abd al-Harith (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Part of a man’s happiness is a good neighbour, a comfortable means of transportation and a spacious house.” Narrated by Ahmad (15409); classed as sahih by al-Albani in Sahih al-Jami‘ (3029).
    So long as he is providing them with accommodation that is appropriate for them, even if that is by renting, or it is something granted by the government for them to live in, then the requirement is met, and owning the house one lives in is not a necessity or urgent need, so long as accommodation is available to him by renting or as a gift or loan.
    Secondly:
    If the husband is spending on obligatory maintenance such as accommodation, clothing, food and drink, within reasonable limits, then it is not permissible for his wife to take anything from his money, because it is haram to take a person’s wealth without his willing consent, as Allah, may He be exalted, says (interpretation of the meaning):
    {O you who have believed, do not consume one another’s wealth unjustly but only [in lawful] business by mutual consent} [an-Nisa’ 4:29].
    And the Prophet (blessings and peace of Allah be upon him) said: “Indeed your blood, your wealth and your honour are sacred to you, as sacred as this day of yours, in this month of yours, in this land of yours. Let the one who is present convey it to the one who is absent.” Al-Bukhari (67).
    And he (blessings and peace of Allah be upon him) said: “It is not permissible to take a man’s wealth except with his willing consent.” Ahmad (20172); classed as sahih by al-Albani in Irwa’ al-Ghalil (1495).
    Based on the above:
    What your mother collected from your father’s money and bought land with it does not come under the heading of wealth that it is permissible to take without the husband’s knowledge, because the wealth that it is permissible for a wife to take without the knowledge of her husband is limited to when he is failing to provide basic necessities.
    But as this has already happened, it is essential to tell the father and put this land in his name and under his possession, if the father is still alive.
    If it was bought in your mother’s name or in the name of one of you, then that must be changed, even if that is by means of a sale to the father.
    If your father has passed on, then the house becomes part of his estate which is to be divided among the heirs, unless you all agree on something specific with the consent of all the heirs.
    And Allah knows best.

  • Q n A : Parents Making Marriage Difficult


    Q
    Parents Making Marriage Difficult


    A

    Praise be to Allah.Firstly:
    What we see for you, honorable questioner, is that it is necessary to confront your parents – no matter the cost – with the fact that you are not convinced by their refusal, and that you are not prepared to wait for a long time, as you might miss the opportunity and the man your parents are waiting for may not come. The reason for their refusal is not legitimate, as looking down upon non-Arabs is a form of pre-Islamic tribalism that Islam has warned against. Allah Almighty says (interpretation of the meaning): O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted. [Quran 49:13].
    The Prophet Muhammad (peace and blessings be upon him) set religion and character as the criteria for accepting a spouse. Abu Hurairah (may Allah be pleased with him) reported: The Messenger of Allah (peace and blessings be upon him) said: “If someone with whose religion and character you are satisfied asks for your daughter in marriage, comply with his request. If you do not do so, there will be temptation on Earth and extensive corruption.” [At-Tirmidhi 1084, Al-Albani classified it as sound in “Sahih at-Tirmidhi”].
    Let the confrontation be in a wise manner, perhaps through a detailed and impactful letter you write to him (your father), while persistently supplicating to Allah to soften his heart and guide him to the right path.
    Secondly:
    There is no fault on you at all for your eagerness to marry. It is incumbent upon the families of every man and woman who desire to marry to assist them in this matter as much as they can. A woman needs this assistance more than a man; because the decision is not in her hands, as she cannot, according to custom and tradition, propose to a man, even though it is permissible from a Shariah perspective. Since a woman is sought after and cannot be the seeker, she needs her family’s help to enable her social availability. For example, her brother could recommend her to his friends whose religion and character he is satisfied with, and her mother could suggest her to her acquaintances who have sons suitable for marriage, and so on.
    `Umar ibn Al-Khattab (may Allah be pleased with him) proposed his daughter Hafsah for marriage after her husband died, offering her to `Uthman and Abu Bakr, then the Prophet (peace and blessings be upon him) married her, as in Sahih Al-Bukhari (4005).
    And `Ali (may Allah be pleased with him) offered his daughter Umm Kulthum to `Umar ibn Al-Khattab, and he married her.
    Thirdly:
    We do not recommend marriage through internet sites, as there are many undesirable individuals there, and it is easy to deceive people through these sites. On the internet, a person can pretend to be ideal, and it is very difficult to know the truth of the matter. It might be the opposite of what you imagine. Therefore, we must restrain our emotions with the bridle of reason, unlike marriages based on real-life acquaintances.
    Fourthly:
    Regarding your request for advice for your mother on the subject – which is the focus of your question – we in turn direct this message to your honorable mother, may Allah make her one of the keys to goodness.
    Honorable Mother…
    Peace be upon you, and the mercy and blessings of Allah.
    Our honorable mother, one of the greatest responsibilities that Allah will question parents about, and which they are obligated towards their children, especially daughters, is facilitating their marriage. Delaying it for an illegitimate reason is non-compliance with the command of Allah Almighty who says (Interpretation of the meaning): And marry the unmarried among you and the righteous among your male slaves and female slaves. [Quran 24:32]; meaning facilitate the marriage of those who are not married and marry them off. The commentators said: The verse commands guardians to marry off their daughters and not to leave them single – unmarried – because that is more chaste for them. So, we must comply with the command of Allah.
    Know that looking at people based on nationality or ethnicity is due to customs dominating people’s minds more than Shariah and reason.
    And all the good is in following the guidance of Muhammad (peace and blessings be upon him): “If someone with whose religion and character you are satisfied asks for your daughter in marriage, comply with his request. If you do not do so, there will be temptation on Earth and extensive corruption.” Narrated by At-Tirmidhi (1048) and others, and Al-Albani classified it as good.
    How many a girl whose family refused to marry her off, and she became the temptation that the Prophet (peace and blessings be upon him) warned against. So, be keen to marry her to the one she desires, if he is someone whose religion and character are satisfactory, and do not pay attention to customs that erode society. And may Allah take care of you.
    The pre-Islamic customs that look at people based on nationality or ethnicity are ignorant customs with no basis in the religion of Allah; rather, Islam came to purify souls from them. The Prophet (peace and blessings be upon him) said: “Indeed, Allah has removed from you the pride of Jahiliyyah (pre-Islamic tribalism) and boasting about one’s lineage. [A person is either] a pious believer or a miserable sinner. All of you are children of Adam, and Adam was created from dust.” Narrated by Abu Dawud (5116) and others, and Al-Albani classified it as good.
    If anyone should be strict about such matters and refuse to marry his daughter to someone who is not from his people or skin color, then this should be discarded from the wise consideration (especially) in Western countries, where Muslims live as minorities, and the choices from “nationalities” are greatly reduced, and people’s circumstances are constrained. Rather, Muslims in such countries should be more united than their normal circumstances in their home countries.
    May Allah guide us and you to what is good for Muslims, and improve the conditions of Muslims, their homes, and their offspring.
    And Allah knows best.