Category: Ahwal

Praise be to Allah.Is marriage compulsory in Islam?
You should note that people are not equal in the matter of marriage. They share the fundamental principle that marriage is prescribed, which is from the guidance and practice of the Prophet, peace be upon him. Then, its importance varies in some cases more than others.
Ibn Qudamah (may Allah have mercy on him) said: 
With regard to marriage , people are of three types: 

Some fear that they may commit prohibited things if they do not get married. Such a person is obliged to get married, according to the majority of jurists, because he has to keep himself chaste and protect himself against engaging in prohibited actions, and the way to do that is getting married. 
For some, marriage is recommended. This is the one who feels desire but there is no danger of his committing prohibited things. It is better for him to get married than to devote himself to optional acts of worship. This is the view of Ashab Ar-Ra`y and it is the view  and practice of the Companions (may Allah be pleased with them). 

Ibn Mas`ud (may Allah be pleased with him) said: If I only had ten days to live and I knew that I would die at the end of them, and I had any desire to get married, I would get married, for fear of Fitnah (temptation). 
Sa`id ibn Jubayr (may Allah have mercy on him) said: “Ibn `Abbas (may Allah be pleased with him) said to me: “Have you gotten married?”  
I said: “No.” He (may Allah have mercy on him) said: “Get married, for the best of this Ummah are the ones with the most wives.” (Narrated by Al-Bukhari, 5069) 
Ibrahim ibn Maysarah (may Allah have mercy on him) said: “Tawus said to me: “Either get married, or I will say to you what `Umar (may Allah be pleased with him) said to Abu Az-Zawa’id (may Allah have mercy on him): Nothing is keeping you from getting married except impotence or immorality.”  

Those who have no desire, either because they were not created with any desire, such as one who is impotent, or they had desire but it has disappeared due to old age, sickness and so on. There are two opinions: 

It is recommended to get married because of the general meaning of what we have discussed.
It is better for him to remain single because he cannot achieve the purpose of marriage, and he would be preventing his wife from becoming chaste by marrying someone else. Also, he would be harming her by keeping her for himself, and he is exposing himself to obligations and duties that perhaps he cannot fulfil, and he is distracting himself from seeking knowledge and worship with something that is of no benefit to him.

Ibn Qudamah (may Allah have mercy on him) said: “The apparent meaning of the words of Ahmad is that there is no difference between the one who can afford it and the one who cannot. He said: a man should get married and if he can afford to spend he should spend, and if he cannot then he should be patient.  
This applies to one who is able to get married. As for the one who cannot, Allah says (interpretation of the meaning): “And let those who find not the financial means for marriage keep themselves chaste, until Allah enriches them of His Bounty” [An-Nur 24:33].” (Al-Mughni, 9/341-344) 
Reasons why marriage is so important
At this point, we would like to ask you about the reason for this aversion to marriage. 

If you think that not getting married is an act of worship by means of which you can draw closer to the Lord of the Worlds, and you think that if you avoid marriage this will raise you in status before Allah, you are mistaken and there is the fear that you may be sinning. 

Anas ibn Malik (may Allah be pleased with him) said: “Three people came to the houses of the wives of the Prophet (peace and blessings of Allah be upon him) asking about the worship of the Prophet (peace and blessings of Allah be upon him). When they were told, it was as if they regarded it as too little. They said: Who are we in comparison to the Prophet (peace and blessings of Allah be upon him)? Allah has forgiven his past and future sins. One of them said: As for me, I will pray all night forever. Another said: I shall fast all my life and never break my fast. Another said: I shall keep away from women and never get married. The Messenger of Allah (peace and blessings of Allah be upon him) came and said: “Are you the ones who said such and such? By Allah, I am the one who fears Allah the most among you and I am the most pious , but I fast and I break my fast, I pray and I sleep, and I marry women. Whoever turns away from my Sunnah is not of me.” (Narrated by Al-Bukhari, 5063, and Muslim, 1401)

If you do not want to get married because you have no sexual desire, or you think that you are not able to fulfil the duties of marriage, and you are afraid of falling short in meeting a wife`s needs, I say to you: In that case there is no sin on you if you do not get married, but do not rely on your thoughts and notions. Rather you should consult a specialist doctor and ask him for advice, for he is most able to diagnose your condition, and he may have some advice for treatment that has never crossed your mind. So do not hesitate to visit him and do not let shyness stop you, for matters of medical treatment are not the place for shyness. 
If you say that you are afraid because you are poor and do not have enough wealth to look after a family, I say to you: Try your best to earn a living and be content and think positively of Allah, for He has promised on the lips of His Prophet (peace and blessings of Allah be upon him) that He will help the one who wants to be chaste and seeks that which is halal by getting married. 

Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “There are three whom Allah is bound to help: the Mujahid who strives (in Jihad) for the sake of Allah, the Mukatib (a slave who has made a contract of manumission with his master) who wants to pay off his manumission, and a man who gets married, seeking to remain chaste.” (Narrated by At-Tirmidhi (1655), classed as sound by Al-Albani in Saheeh At-Tirmidhi)  

If you have something that you want to achieve – such as a certificate, a position, a project and so on – and you say that you want to achieve that first, then you will get married, we say to you: Why are you ignoring marriage for that reason? 

Marriage has never been a barrier to achieving things, rather in most cases it is a support and a help. That is just the whisperings of the satan, which he has instilled in the minds of many young men so that it has become prevalent in our culture and society, and you hear many of those who have delayed their own marriages or the marriages of their sons and daughters saying such things, and our society has become burdened with problems resulting from large numbers of single men and women, and the delay of marriage. However, despite that we have not seen any achievement, development or progress, whereas the first generation of Muslims used to hasten to do good and they did not delay marriage, and their achievements were the greatest and most complete of achievements. 
Shaykh Ibn Baz (may Allah have mercy on him) said in Majmu` Al-Fatawa (20/421): 
“What is required is to hasten to get married, and no young man or young woman should delay marriage for the sake of studies, because marriage does not prevent any such thing. It is possible for a young man to get married in order to protect his religious commitment and morals, and enable him to lower his gaze . Marriage serves many purposes, especially in this day and age. Because delaying it is harmful for both young women and young men, every young man and every young woman should hasten to get married if there is a man who is compatible with the woman, and if a man can find the right woman.”

Over and above all that, how about if you realise that marriage will protect half of your religion? 

Anas ibn Malik (may Allah be pleased with him) that the Messenger of Allah (peace and blessings of Allah be upon him) said: “Whomever Allah has blessed with a righteous wife, He has helped him with half of his religion, so let him fear Allah with regard to the other half.” (Narrated by Al-Hakim in Al-Mustadrak, 2/175), At-Tabarani in Al-Awsat, 1/294) and Al-Bayhaqi in Shu`ab Al-Iman, 4/382) Al-Hakim (may Allah have mercy on him) said: “This is a Hadith with an authentic Isnad (chain of narrators), although they (Al-Bukhari and Muslim) did not narrate it.” Adh-Dhahabi (may Allah have mercy on him) said in At-Talkhis: it is authentic. It was classed as sound by Al-Albani in Sahih At-Targhib, 2/192)

How about if you realise that by getting married, you will have followed the advice of the Messenger of Allah (peace and blessings of Allah be upon him) when he said:  “O young men, whoever among you can afford it , let him get married, for it is more effective in lowering the gaze and guarding one`s chastity.” (Narrated by Al-Bukhari, 5065, and Muslim, 1400)
How about if you realise that by producing a righteous child, you will have ongoing charity (Sadaqah Jariyah), if you raise him with good morals and upon faith, and you will be rewarded for your marriage if you seek reward with Allah for that . 
By getting married, you will be protecting yourself, lowering your gaze , and closing the door to one of the greatest means by which the devil deceives people. You may not feel the seriousness of that now, but Fitnah (temptation) may come from places a person does not realise, so you should be keen to close the door before it is opened without you realising it.

The Prophet (peace and blessings of Allah be upon him) said: “I have not left after me any Fitnah more harmful to men than women.” (Narrated by Al-Bukhari, 5096, and Muslim, 2741).

Marriage is a source of tranquillity and peace, and it is the best of the pleasures of this world. In it, is that which Allah has made a sign for His slaves, and He has mentioned it in His Book so that they may think and ponder the greatness of His Might, may He be glorified and exalted. Allah says (interpretation of the meaning): 

“And among His Signs is this, that He created for you wives from among yourselves, that you may find repose in them, and He has put between you affection and mercy. Verily, in that are indeed signs for a people who reflect.” [Ar-Rum 30:21]
Can there be any hesitation after this? 
Be resolved and put your trust in Allah, and Allah will help you, and will provide you with a righteous wife who will help you to obey your Lord and He will bless you with righteous offspring who will be a stored treasure for you with Allah in the Hereafter. 
And Allah knows best.

Praise be to Allah.Firstly:
If the marriage contract that was done over the Internet met all the necessary conditions, then it is a valid marriage. It is valid to do the marriage contract over the Internet so long as it meets all the necessary conditions. The senior scholars have issued fatwas stating that a marriage contract done over the telephone is valid, if we have verified the identity of the parties to the marriage contract and it fulfils the necessary conditions, namely the consent of the woman’s guardian (wali), two witnesses, and the proposal and acceptance. If a marriage contract done in this way is valid, then if it is done over the Internet, in which it is possible to verify the voice and the image directly, it is more appropriate that it should be valid.
See the fatwa of Shaykh Ibn Baz in question no. 2201 , and also question no. 297344 .
Secondly:
If the first marriage contract met the necessary conditions, then repeating it a second time will not invalidate the first marriage contract; rather it is by way of confirming it in front of the family, or for the purpose of documenting the first marriage contract. So the rulings on marriage will apply from the time of the first contract. Hence it is not valid to impose new conditions in it, or to stipulate a mahr (dowry) other than that which was agreed upon in the first contract. But if the first marriage contract did not meet the necessary conditions, then it is deemed invalid and a new marriage contract must be done with a new mahr, and it is permissible to stipulate new conditions in it.
And Allah knows best.

Praise be to Allah.Firstly: it is not permissible for a man or woman to undergo any surgical or other procedure that will permanently prevent them from having children.
One of these means that is forbidden is vasectomy, which is a surgical procedure in which the vas deferens (the two channels through which sperm travels to the bladder and then to the penis) is cut.
It says in a statement of the Islamic Fiqh Council: It is haram to permanently remove the ability to produce offspring for a man or a woman, which is what is known as sterilization, so long as there is no necessary reason, according to Islamic standards, for doing that.
This has been explained previously in the answers to questions no. 111969 and 47196 .
Secondly: With regard to reversing the vasectomy, this is a matter concerning which one must refer to medical specialists. If the doctors determine that there is no harm that would result from that, then you must undergo this procedure and restore the vas deferens to its natural state.
But if that is not possible, or it will result in harm, then you do not have to do anything, because harm cannot be removed by further harm.
As you did that as a result of ignorance of the ruling, then Allah, may He be exalted, will pardon you and there is no sin on you. Allah, may He be exalted, says (interpretation of the meaning): {And there is no blame upon you for that in which you have erred but [only for] what your hearts intended} [al-Ahzaab 33:5].
And you did not deliberately intend to commit sin.

Praise be to Allah.In a number of questions we have stated that it is obligatory to officially register marriages, because that will protect people’s rights so that they will not be lost.
Please see the answer to question no. 129851 .
But a man may be forced to forego registering a marriage because he lives in a western country where plural marriage is not allowed and the one who does that will be penalised. In that case, we may say:
If the husband married a second wife in accordance with Islamic teachings, then it is easy for the second wife and her children to prove that, because when she got married there must have been her guardian and two men – at least – who acted as witnesses or he must have announced the marriage to some of his friends or relatives.
The husband may have left behind something in his handwriting confirming this second marriage, or he may have registered his children from his second wife in his name, and so on.
So the second wife should take some of these witnesses and whatever proof or other circumstantial evidence she has to prove the validity of her claim, and present it to those in charge of the Islamic centre in her city, and they can present it to the family of the deceased and prove to them that there are other parties who have rights in this regard, and they are entitled to their share of the estate.
The first wife of the deceased and her children must accept that, and beware of cutting off ties of kinship and refuse to give what rightfully belongs to their brothers, because Allah has ordained that all wives and all children have rights to the estate, so there should be no differentiation between one wife and another, or between one son and another. They are all children of the deceased and are all entitled to their share of the inheritance. The prohibition [on denying them their rights] is further emphasized if any of the heirs are minors (orphans), because devouring the wealth of orphans is a major sin for which the one who does that deserves punishment in hell.
Allah, may He be exalted, says (interpretation of the meaning):
{Indeed, those who devour the property of orphans unjustly are only consuming into their bellies fire. And they will be burned in a Blaze} [an-Nisa’ 4:10].
And Allah knows best.

Praise be to Allah.It is not permissible to use contraceptives for fear of low income, because Allah, may He be glorified and exalted, is the Provider. This is akin to the actions of the people of Jahiliyyah who killed their children for fear of poverty. Rather you should think positively of Allah and put your trust in Him, may He be glorified and exalted.
Allah is the Provider, the Almighty, may He be glorified and exalted, and it is He, may He be glorified and exalted, Who says (interpretation of the meaning):
{There is no creature that lives on the earth but its sustenance is guaranteed by Allah} [Hud 11:6].
So what is required is for both husband and wife to think positively of Allah and not use contraceptives.
But if the contraceptive is used for a different reason, such as if the mother is sick or if there is  the risk of harm to her health or her uterus, or there is fear of harm to both of them; or because they already have a lot of children, and without contraception there will be one pregnancy after another, without a break, so she wants to use contraception for a short period, such as a year or two, so that it will not be too difficult to raise the children and so that she will not become unable to do that – then there is nothing wrong with that, as it is in the best interests of the children, and it is not due to thinking negatively of Allah, may He be glorified and exalted. The same applies if having another pregnancy could harm her and she is unable to cope. But if the matter has to do with provision (rizq), then the Provider is Allah; regardless of whether you are sick or healthy, it is Allah, may He be glorified and exalted, Who provides for you and in His hand is the control of all things. So you must think positively of Allah and put your trust in Allah, for Allah, may He be glorified and exalted, is the Provider, Lord of Might, the Powerful. End quote.

Praise be to Allah.It is not permissible for anyone to do a marriage contract with a woman except with the permission of her guardian. There is a great deal of evidence to this effect, such as the words of the Prophet (blessings and peace of Allah be upon him): “There can be no marriage contract except with a guardian.” Narrated by at-Tirmidhi (1101), Abu Dawood (2085) and Ibn Maajah (1881) from Abu Moosa al-Ash‘ari (may Allah be pleased with him). Classed as saheeh by al-Albaani in Saheeh at-Tirmidhi.
The majority of scholars are of the view – and it is the correct view – that a marriage contract done without a guardian is invalid, because the Prophet (blessings and peace of Allah be upon him) said: “Any woman who gets married without the permission of her guardian, her marriage is invalid, her marriage is invalid, her marriage is invalid.” Narrated by at-Tirmidhi (1102), Abu Dawood (2038) and Ibn Maajah (1879) from the hadith of ‘Aa’ishah (may Allah be pleased with her). Classed as saheeh by al-Albaani in Irwa’ al-Ghaleel (1840).
The Hanafis are of the view that it is valid for a woman to get married without a guardian.
Ibn Qudaamah (may Allah have mercy on him) said: It is not valid to do a marriage contract except with a guardian. A woman does not have the authority to give herself or any other woman in marriage, or to appoint anyone except her guardian to act on her behalf regarding her marriage, so if she does that, the marriage is not valid.
This was narrated from ‘Umar, ‘Ali, Ibn Mas‘ood, Ibn ‘Abbaas, Abu Hurayrah and ‘Aa’ishah (may Allah be pleased with them).
It is also the view of Sa‘eed ibn al-Musayyib, al-Hasan, ‘Umar ibn ‘Abd al-‘Azeez, Jaabir ibn Zayd, ath-Thawri, Ibn Abi Layla, Ibn Shubrumah, Ibn al-Mubaarak, ‘Ubaydullah al-‘Anbari, ash-Shaafa‘i, Ishaaq and Abu ‘Ubayd… Abu Haneefah said: She has the right to give herself and others in marriage, and to appoint someone to act on her behalf regarding her marriage.
Then Ibn Qudaamah stated that the view of the majority is more likely to be correct, and he quoted as evidence the hadiths quoted above.” (Al-Mughni  9/345).
Given that there is a difference of opinion among the leading scholars regarding this matter, and that it is an issue that is subject to ijtihad, if a Muslim lives in a country which follows the Hanafi madhhab and regards a marriage contract done without a guardian as valid, and the marriage contract was done on that basis, then it may be deemed to be valid in that case, and the ruling of the court is not to be annulled.
Ibn Qudaamah (may Allah have mercy on him) said:
If a judge rules that this marriage contract is valid, or the one who did the marriage contract is a judge, it is not permissible to annul it. The same applies to all marriages that are done in an inappropriate way.
Al-Qaadi was of the view that it could be annulled.
This is also the view of al-Istakhri among the companions of ash-Shaafa‘i, because the marriage was done in a manner that is contrary to a religious text.
But the first view is more likely to be correct [that is, that it is not to be annulled], because it is a matter concerning which there is a difference of scholarly opinion and it is subject to ijtihad. So it is not permissible to annul the ruling. Moreover, this text is open to interpretation, and there are some reservations about its soundness, and there may be other evidence that contradicts it.” (Al-Mughni 9/347).
Based on that, what we think is that the marriage should be deemed to be valid, even though what you did was a mistake. Therefore you must repent from that, and strive to seek the approval of your wife’s father, if he is still not happy with this marriage, because you mistreated him badly.
If you renew the marriage contract with her, with her father acting as her guardian in the marriage contract, in the presence of two witnesses of good character, that would be better and more prudent.
And Allah knows best.

Praise be to Allah.What your wife did of inserting the sperm of a stranger is a grave sin and a betrayal of her husband, and is introducing a child who is not his. What she must do is repent to Allah, may He be exalted.
What you must do is deny that this child is yours and not attribute him to yourself, because if you do not deny that he is yours, he may inherit from you and inherit from your relatives, and look at your mother and your sister, and your womenfolk will not observe hijab in front of him, and he may be alone with them, and all of that is prohibited.
There is no way to deny that he is yours except by means of li‘aan.
Ibn Qudaamah (may Allah have mercy on him) said: Accusing the woman of zina is of three types: obligatory, which is when he sees his wife committing zina during a period of purity in which he has not had intercourse with her – in that case, he must keep away from her until her ‘iddah ends, then if she produces a child six months from the time of committing zina and he can deny that it is his child, he must accuse her of zina and deny that her child is his, because in that case it is almost certain that the child is from the adulterer. If he does not deny that the child is his, the child will be attributed to him, and may inherit from him and his relatives, and they may inherit from him, and the child will look at his daughters and sisters, when that is not permissible. So he must deny that the child is his so as to avoid all of that.
If his wife admits committing zina and he believes her, it is as if he saw her do that.” (Al-Mughni  8/71).
Ar-Ramli said in Nihaayat al-Muhtaaj (7/111): … He must deny that the child is his, otherwise if he keeps quiet the child will be attributed to him when he is not his child, which is not allowed, just as it is prohibited to deny a child who is his, for reasons that we will mention below, because there is a stern warning to the one who does that.  Because of the evil consequences that result in both cases, these are regarded as very abhorrent major sins, and in fact they are referred to as kufr (disbelief) in the sound reports, even though some of the scholars said that it is only kufr if the doer believes that it is permissible; or the reports may be interpreted as meaning that these actions are a cause that will lead to kufr; or the word kufr may be understood in the sense of being ungrateful for Allah’s blessings.
If he came to know of her zina in the sense of being certain or thinking that it is most likely, he should accuse her of it and should engage in the process of li‘aan in order to deny  that the child is his. Doing so is obligatory in both cases.
Otherwise, he may limit it to denying that the child is his through the process of li‘aan, because it is possible that the child is the result of a dubious marriage or a previous marriage. End quote.
For a description of li‘aan and how it is done, please see the answer to question no. 33615  .
In the process of li‘aan, you may limit it to denying that the child is yours and swearing by Allah four times that this child is not your child, and you should say on the fifth time: May the curse of Allah be upon you if you are lying.
The wife should not swear an oath at that point, if she admits her sin.
In that case, the child cannot be attributed to you and you are not obliged to spend on him. He should be given a random name, and his mother must take care of him; she may inherit from him and he may inherit from her.
And Allah knows best.

Praise be to Allah.Everything from when Allaah created the Pen until the Day of Resurrection is written in al-Lawh al-Mahfooz, because when Allaah first created the Pen, He said to it: “Write.” It said: “My Lord, what should I write?” He said: “Write what is to be. So at that moment it began to write what would be until the Day of Resurrection. And it is proven from the Prophet (peace and blessings of Allaah be upon him) that when the foetus in its mother’s womb is four months old, Allaah sends an angel to breathe the soul into it and write down its provision, its lifespan and its deeds, and whether it is doomed or blessed.  
Provision is also written down and connected to its means, and it does not increase or decrease. Among those means are that man should work to seek provision, as Allaah says (interpretation of the meaning):
“He it is Who has made the earth subservient to you (i.e. easy for you to walk, to live and to do agriculture on it); so walk in the path thereof and eat of His provision. And to Him will be the Resurrection” [al-Mulk 67:15]
Other means are:  
upholding ties of kinship, such as honouring one’s parents and upholding ties with relatives. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever would like his provision to be abundant and his lifespan to be extended, let him uphold his ties of kinship.” 
Fearing Allaah (taqwa), as Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things” [al-Talaaq 65:2-3]
Do not say “Provision is foreordained and limited and I will not do any of the things that lead to it,” because this is helplessness; smartness and resolve mean striving to seek provision and that which will benefit you in religious and worldly terms. The Prophet (peace and blessings of Allaah be upon him) said: “The smart man is the one who takes stock of himself and strives to do that which will benefit him after death, and the helpless one is the one who follows his own whims and desires and engages in wishful thinking, (assuming that Allaah will forgive him regardless of what he does and that he does not need to strive to good deeds).” 
Just as provision is written and connected to its means, so too marriage is also written and preordained. For both spouses it is written that he or she will be the spouse of this particular person. Nothing is hidden from Allaah on earth or in heaven. End quote. 
And Allaah knows best. 
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him)