Tag: Muamalah

  • Q n A : Is it a sin if one does not feel comfortable with a particular person?


    Q
    Is it a sin if one does not feel comfortable with a particular person?


    A

    Praise be to Allah.What the Muslim should do is refrain from bearing any hatred or resentment in his heart towards his fellow Muslim. Allaah says of His believing slaves (interpretation of the meaning): 
    “And those who came after them say: Our Lord! Forgive us and our brethren who have preceded us in Faith, and put not in our hearts any hatred against those who have believed. Our Lord! You are indeed full of kindness, Most Merciful”
    [al-Hashr 59:10]
    According to a hadeeth narrated by Anas ibn Maalik (may Allaah be pleased with him), the Prophet (peace and blessings of Allaah be upon him) said: “Do not hate one another, do not envy one another, do not turn your backs on one another, and be, O slaves of Allaah, brothers. It is not permissible for a Muslim to forsake his brother for more than three days.” Narrated by al-Bukhaari, 5718; Muslim, 2559. 
    Ibn ‘Abd al-Barr said: His saying “Do not hate one another” is a prohibition which is aimed at encouraging them to discipline themselves to love one another. Al-Istidhkaar, 8/289. 
    But a person may feel that he does not like a person enough for him to become a close friend, even though he fulfils his Islamic duty of returning his salaams, saying “Yarhamuk-Allaah (May Allaah have mercy on you)” if he sneezes, helping him if he needs help, and so on. In this case what exists between them does not come under the heading of forsaking or shunning, and it is forgiven in sha Allaah. According to a hadeeth narrated by ‘Aa’ishah (may Allaah be pleased with her), the Prophet (peace and blessings of Allaah be upon him) said: “Souls are troops collected together and those who got along with one other (in the realm where souls existed before entering physical bodies in this world) will have an affinity with one another (in this world) andthose amongst who did not get along with one another  (in the realm where souls existed before entering physical bodies in this world) will also not get along (in this world).” Narrated by al-Bukhaari, 3158; Muslim, 2638. 
    Al-Khattaabi said: This may be understood as referring to similarlity between souls which are either good or bad, righteous or immoral, and that good people are attracted to those who are like them and evil people are likewise attracted to those who are like them, so people’s souls recognize one another according to their nature, whether good or evil; if they are similar they will get along and if they are different they will not get along. 
    Al-Qurtubi said: Although souls have in common the fact that they are all souls, they differ in other ways. Souls of similar nature will get along because of their nature. Therefore we see people of a certain type get along, but they do not get along with people of a different nature, and we see that with people who are of a similar nature, some of them get along with one another and some do not, and that depends on the issues which form the basis of getting along or otherwise.

  • Q n A : His friend got to know a woman; can he call her to ask her to keep away from him?


    Q
    His friend got to know a woman; can he call her to ask her to keep away from him?


    A

    Praise be to Allah.
    Firstly: 

    It is permissible for a man to speak to a non-mahram woman if
    there is a need to do so, and there is no soft speech on the part of the
    woman or enjoyment on the part of the man, and the talk is of something that
    is permissible. 

    But they should limit it to what is necessary, so as to block
    the means that may lead to evil, because getting carried away in talking
    unnecessarily may lead to something haraam. 

    Based on that, there is nothing wrong with a man talking to a
    woman when buying, selling, asking a question, medical treatment, and so on,
    if attention is paid to these guidelines. 

    For more information, see the answer to question number
    1121. 

    With regard to your husband speaking to that woman and
    advising her to keep away from his friend, in this case — in addition to
    the above — he should weigh up the pros and cons. There may be some
    interest to be served in his contacting her, or there may be some negative
    outcome, and there may be no need to do that. He could instead send an
    anonymous letter in which there is advice, reminders and warnings. This
    varies according to the situation of your husband and the situation of the
    woman mentioned. 

    The safest approach is that he not contact her directly,
    which may lead him to negative consequences, especially if the woman does
    not care about forming relationships with men and nothing will deter her
    from that. 

    Your husband should advise his friend to keep away from that
    woman and remind him to fear Allah, may He be exalted. 

    And Allah knows best.

  • Q n A : There are some problems between his mother and his wife, and his mother wants him to live far away from her


    Q
    There are some problems between his mother and his wife, and his mother wants him to live far away from her


    A

    Praise be to Allah.Firstly: 
    There is no doubt that the mother has the greatest rights of all people over her son, and that honouring her is one of the most important duties. Allah says (interpretation of the meaning):
    “And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents. If one of them or both of them attain old age in your life, say not to them a word of disrespect, nor shout at them but address them in terms of honour”
    [al-Isra’ 17:23]. 
    Allah has enjoined kind treatment of others too, whom the individual is enjoined to treat kindly, as Allah says (interpretation of the meaning): “Worship Allaah and join none with Him (in worship); and do good to parents, kinsfolk, orphans, Al-Masaakeen (the poor), the neighbour who is near of kin, the neighbour who is a stranger, the companion by your side, the wayfarer (you meet), and those (slaves) whom your right hands possess. Verily, Allaah does not like such as are proud and boastful”[al-Nisa’ 4:36] and the Prophet (blessings and peace of Allah be upon him) has enjoined giving everyone who has rights their due [See: Saheeh al-Bukhaari, 1968]. Hence the rights of the parents, especially the mother, take precedence over the rights of all people. 
    It was narrated that Abu Hurayrah (may Allah be pleased with him) said: A man came to the Messenger of Allaah (blessings and peace of Allah be upon him) and said: Which of the people is most deserving of my good companionship? He said: “Your mother.” He said: Then who? He said: “Then your mother.” He said: Then who? He said: “Then your mother.” He said: Then who? He said: “Then your father.”
    Narrated by al-Bukhaari (5971) and Muslim (2548). 
    But this does not mean that a person should not give other people their rights; rather he has to give everyone who has rights his due, as stated above, and he has to strike a balance between these rights and fulfil his duties to the people around him as best he can and know how to run his home and his affairs well. 
    Secondly: 
    These problems between the wife and the mother are a common and ancient problem. The wise man who is guided is the one who looks at his situation positively and reduces problems as much as he can and closes the door to them. For this reason one of the rights that the wife has over her husband is that he should provide her with separate accommodation. 
    It says in al-Mawsoo‘ah al-Fiqhiyyah (25/109): 
    Putting the parents and the wife together in one home is not permissible (and the same applies to other relatives). Hence the wife has the right to refuse to live with either of them, because it is her right to have separate accommodation where she feels safe with regard to herself and her property. No one has the right to force her to do that. 
    This is the view of the majority of Hanafi, Shaafa‘i and Hanbali fuqaha’. 
    The Maalikis are of the view that a distinction should be made between the wife of noble birth and the wife of lowly birth, and they say that it is not permissible to make the wife of noble birth and the parents live together in the same house, but doing that is permissible with a wife of lowly birth, unless making the wife of lowly birth and the parents live together will cause her some harm. End quote. 
    Undoubtedly the picture that you have painted of the relationship between your mother and your wife dictates that their living together in one house is not possible and that separating them is obligatory, especially since the mother is the one who has asked for that. So you must hasten to do that and it is not wise to think of the other solution, which is divorcing your wife. This is not a solution to the problem, especially if you have any children from her. Moreover the problem may arise again with any other wife whom you bring to live with your mother in the same house. 
    So what you should do is hasten to do this as soon as you can, which is looking for a separate house for you and your wife. If you want to be close to your mother, so that you can be in constant touch with her and take care of her, then try to find your new house as close as possible to your mother’s house, so that you can pop in to see her every time you come or go. In this way you can treat your mother kindly, relieve her of the burden of problems with your wife and keep in constant touch with her, whilst at the same time doing what you are obliged to do for your wife of treating her kindly and giving her accommodation that is suited for her. 
    See the answer to question number 97810 . 
    We ask Allah to guide you and set your affairs straight. 
    And Allah knows best.

  • Q n A : She has hidden her Islam for several years, and her family want to get her married to a Christian! What should she do?


    Q
    She has hidden her Islam for several years, and her family want to get her married to a Christian! What should she do?


    A

    Praise be to Allah.
    Firstly: 

    We praise Allah, may He be exalted, and thank Him for guiding
    this girl to enter Islam, and we ask Him to make her steadfast in adhering
    to truth and guidance, and to increase her in guidance and steadfastness. 

    Secondly: 

    Marriage of a Muslim woman to a kaafir man is undoubtedly
    haraam and it is an invalid contract, but it is not kufr if a Muslim woman
    does that and marries a kaafir man, even though it is haraam for her. Allah
    says (interpretation of the meaning): “then if you ascertain that they
    [Muslim women] are true believers send them not back to the disbelievers”
    [al-Mumtahanah 60:10]. 

    Ibn Katheer (may Allah have mercy upon him) said: 

    This verse is the one that made it haraam for Muslim women to
    marry mushrik men. It was permissible at the beginning of Islam for a
    mushrik to marry a believing woman. Hence Abu’l-‘Aas ibn al-Rabee‘ married
    the daughter of the Prophet (blessings and peace of Allah be upon him)
    Zaynab (may Allah be pleased with her), when she was a Muslim and he was a
    follower of his people’s religion. 

    Tafseer Ibn Katheer, 8/93 

    In al-Mawsoo‘ah al-Fiqhiyyah (7/133) it says: 

    It is not permissible for a Muslim woman to marry a
    non-Muslim man, even if he is a dhimmi or a kitaabi (one of the people of
    the Book, i.e. a Jew or a Christian). This is according to the consensus of
    the fuqaha’, because Allah says (interpretation of the meaning): “And
    give not (your daughters) in marriage to Al‑Mushrikoon till they believe (in
    Allaah Alone)” [al-Baqarah 2:221] and “send them not back to the
    disbelievers. They are not lawful (wives) for the disbelievers nor are the
    disbelievers lawful (husbands) for them” [al-Mumtahanah 60:10]. 

    End quote. 

    Thirdly: 

    If the family of this girl insist on marrying her to that
    kaafir, we think that she should state openly that she is a Muslim and seek
    help with one of the trustworthy Islamic centres or a trustworthy Muslim
    family, until she finds a Muslim husband to marry her, then she can live
    with him. The timing of showing her Islam openly and leaving her family,
    whichever comes first, depends on her evaluation of her own circumstances.
    If she is afraid that if her family find out about her being Muslim they
    will detain her or prevent her from running away for the sake of her
    religion, or they will force her to go back to kufr or to marry a kaafir,
    then in this case we advise her to leave them first and go to another place
    where she will be safe, either under the protection of the government in her
    country if they offer protection in such cases, or under the care of one of
    the Islamic centres in her country. 

    Muslims are excused for staying among the kuffaar and not
    practising their religion openly if they are weak and oppressed among them
    and cannot leave and flee from them. But the one who finds a way out no
    longer has this excuse, so it is not permissible for him to stay among the
    kuffaar, not in their house or in their country. If he can find a safe
    refuge in the same country, he should move there from his house, but if the
    country itself is not safe, he should move from his house to another country
    where his life will be safe and he will be able to practice his religion
    openly. 

    With regard to mere fear about the family’s reputation, this
    is not a valid excuse unless her religious commitment and her life are in
    danger because of it. 

    Who knows? Perhaps showing her religion openly will bring a
    great deal of good to her and her family, and some of her family members may
    become Muslim. This is what has happened with other sisters who showed their
    Islam openly. And Allah says (interpretation of the meaning):
    “it may be that you dislike a thing and Allaah brings through
    it a great deal of good” [al-Nisa’ 4:19]. 

    Whatever the case, we know that the situation is difficult
    for this girl, but her religion requires her to do whatever she can in order
    to adhere to it and practice it openly, and not fall into haraam. 

    We ask Allah to relieve her distress and take away the
    calamity and to guide her family to Islam. And we ask Him, may He be
    exalted, to bless her with a righteous husband and good offspring. 

    See also the answers to questions no.
    129423 and
    69752. 

    Fourthly: 

    We should point out a number of things: 

    1.

    If a Muslim man marries her, it is essential for her to have
    a wali (guardian) who will do the marriage contract for her, because there
    is no wilaayah (guardianship) for a kaafir – even if he is a kitaabi (Jew or
    Christian) – over a Muslim woman. If there is a Muslim man among her family,
    then he is her wali. If there is no Muslim man among her family, then the
    Muslim qaadi (judge) or mufti or official in charge of Muslim affairs, or
    the director of the Islamic centre to which she goes or gets married in, may
    act as her wali. 

    For more information on that please see the answers to
    questions no.69752,
    389 and
    7989. 

    2.

    We should point out to you that it is not permissible for you
    to have a relationship with this girl, as she is a stranger (non-mahram) to
    you. If you want to help her – which is obligatory for you if you are able
    to – then help her to find some Muslim sisters who can take care of her, or
    a trustworthy Muslim family with whom she could live, or offer her your help
    and advice through your wife, if you are married, or through your sister or
    mother. 

    Do not remain in a relationship with her, because you are a
    stranger (non-mahram) to her, and Islam forbids such relationships. 

    We have drawn attention to this matter in a number of
    answers. See the answers to questions no.
    78375,
    34841,
    23349,
    20949,
    26890 and
    82702. 

    And Allah knows best.

  • Q n A : Her husband only gives her maintenance, and he lives far away from her. Can she ask for a divorce?


    Q
    Her husband only gives her maintenance, and he lives far away from her. Can she ask for a divorce?


    A

    Praise be to Allah.
    Firstly: 

    Allah has permitted a man to have several wives, and has
    forbidden men to mistreat their wives. If a man wants to have more than one
    wife, then he can keep the first wife on a decent and reasonable basis, or
    he can let her go in a kindly manner. It is not permissible for him to keep
    her married to him whilst forsaking her and not giving her her rights. It is
    not permissible for him to be negligent with regard to his family and the
    upbringing of his children. Plural marriage has not been prescribed in order
    to destroy families, rather it is prescribed to build families and increase
    their numbers. 

    This forsaking of his wife and negligence is haram for him,
    even if he had another wife according to sharee’ah, so how about if he is
    forsaking his wife and neglecting his family for an illegitimate reason such
    as a haram relationship and corrupt desires? 

    Secondly: 

    The wife has the right to ask for a divorce from her husband
    if she cannot bear his bad treatment. This does not mean that she does not
    accept the decree of Allah. Indeed in some cases it may be haram for her
    to stay with a husband who commits major sins and whose children are not
    safe from his evil influence and bad treatment. As divorce is allowed in
    Islam and it may even be obligatory to ask for a divorce in some cases,
    there is no need to think that this may go against belief in the divine will
    and decree, because Allah has decreed both marriage and divorce. 

    The wife has the right to live with her husband and be
    treated in a decent and reasonable manner, and to have a husband with whom
    she can feel happy and who will be like a garment for her, so that there
    will be love and compassion between them. This is the reason for which
    marriage was prescribed, and if anything detracts from what we have
    mentioned, then it is contrary to the reason for which marriage was
    prescribed. 

    Hence the husband should choose a woman who is
    religiously-committed, and fathers and guardians should marry their
    daughters and female relatives under their care to men who are
    religiously-committed and of good character, because if the Muslim household
    is established on the basis of the laws of Allah, no wrongdoing or cruelty
    will be seen in it. If a wife dislikes her husband for a legitimate shar’i
    reason, then she can ask for divorce (talaq) or can divorce him by khul’,
    and if he dislikes her he can divorce her by talaq and give her her rights
    in full. He should either retain her on reasonable terms or release her with
    kindness.  

    If divorce takes place, then Allah may decree that she finds
    a good, righteous husband, as He says (interpretation of the meaning): 

    “But if they separate
    (by divorce), Allah will provide abundance for everyone of them from His
    Bounty”

    [al-Nisa 4:130] 

    Thirdly: 

    Some women stay and put up with their husbands because of the
    possibility that Allah may reform them, or so that he will remain in
    contact with his children and take care of them and spend on them. If a long
    time goes by and he does not reform or he mistreats his wife and children
    too much, and she has sufficient money to spend on herself and her children,
    then there is no point in her staying with him. Rather the right thing to do
    is to rid herself of him so that she can live a better and more decent life,
    and raise her children to obey Allah and His Messenger (peace and
    blessings of Allah be upon him). 

    You should take stock of yourself and repent to Allah for
    any sins or transgressions that you may have committed against the rights of
    Allah or the rights of your husband, or anyone else. Perhaps what has
    happened to you may be a punishment for a sin that you have committed,
    because Allah says (interpretation of the meaning): 

    “And whatever of misfortune befalls you, it is because of
    what your hands have earned. And He pardons much”

    [al-Shoora 42:30] 

    Think long and hard about your situation and how likely it is
    that you may find a husband after him or live a peaceful life without him.
    Consult people around you who are close to you and are sincere. I advise
    you, if they agree with you, to divorce him if the situation is as you
    describe in your question. So pray istikharah and ask Allah for guidance,
    and if you feel at ease with the idea of divorce then go ahead, and ask
    Allah to make you independent of means by His bounty. We ask Allah to set
    your affairs straight and to relieve your distress and reconcile between you
    if that is better for you both. 

    And Allah knows best.

  • Q n A : Problem of forgetting appointments


    Q
    Problem of forgetting appointments


    A

    Praise be to Allah.
    Perhaps your forgetfulness – or your weak memory – is a
    result of giving birth, as your doctor said. This is not something to worry
    about. Or this forgetfulness may be caused by sin, because sins result in
    punishments that affect the heart and the body. Imaam Ibn al-Qayyim (may
    Allaah have mercy on him) mentioned more than sixty punishments for sin in
    his book al-Daa’ wa’l-Dawa’. 
    So if a person feels that
    he is losing some blessing, he should hasten to repent to Allaah. Allaah
    says (interpretation of the meaning): 

    “That is so because Allaah will never change a grace which
    He has bestowed on a people until they change what is in their ownselves”

    [al-Anfaal 8:53]

    If a person makes a promise then forgets it unintentionally,
    there is no sin on him, because Allaah has forgiven this ummah for what they
    forget, as is indicated by the texts. For example, the last two verses of
    Soorat al-Baqarah (interpretation of the meaning): 

    “Our Lord! Punish us not if we forget or fall into error”

    [al-Baqarah 2:286]

    And Allaah has said: “I have done that.” (Narrated by
    Muslim) 

    There are also means that will help you to remember
    appointments, such as using a diary (in book or electronic form) to record
    appointments by day and date. This is a means which is proven to work. How
    many people forget their appointments, but they organize them by using these
    reminders. 

    Another means is using an electronic alarm clock or a mobile
    phone to remind you of the time of an appointment… and other modern means
    that are available. 

    There are also audio reminders on which you can record
    appointments and it will speak to remind you of the appointment. 

    Each person must pay as much attention as possible to this
    matter, because breaking promises is one of the signs of the hypocrites, as
    it says in the hadeeth: “There are four characteristics, whoever has them is
    a pure hypocrite, and whoever has one of them has one of the attributes of
    hypocrisy until he gives it up: when he speaks, he lies; when he makes a
    pledge he betrays it; when he makes a promise he breaks it; and when he
    disputes he resorts to obscene speech.”

     (Narrated by Muslim, 53)

     Keeping appointments is one of the signs of the people of
    faith.

     Similarly those who miss appointments for a reason such as that mentioned in the question should explain their reasons to the other party involved, so that he will not be offended. We ask Allaah to protect us and you from all kinds of evil. And Allaah is the Source of strength.

  • Q n A : Her husband has divorced her; can she ask the married imam of the mosque who has tried to help her to marry her?


    Q
    Her husband has divorced her; can she ask the married imam of the mosque who has tried to help her to marry her?


    A

    Praise be to Allah.
    Firstly: 

    We ask Allaah to make your heart steadfast in adhering to
    Islam, and to guide you to the best of actions and words, and to make
    goodness easy for you, and to bless you with a righteous husband who will
    help you to adhere steadfastly to His religion. 

    Secondly: 

    There is nothing wrong with a woman asking for marriage from
    a righteous man who will help her to adhere to her religion. We have stated
    that in the answer to question number
    20916. 

    But we advise you not to ask for that from this imam, for two
    reasons: 

    1.So as to preserve the dignity
    of this imam before the people and to preserve your dignity, because your
    first husband has spread the rumour that he (the imam) is the reason for the
    separation between him and you, and if you marry him that will reinforce
    this rumour and confirm it, which would lead to bad consequences for both of
    you.

    2.The marriage could fail or be
    faced with problems if news of your marriage reaches the authorities in your
    country. The one who tells them could be your first husband, seeking revenge
    against you. The Muslim should not be the cause of harm to himself or to
    others.

    Hence we advise you to avoid thinking of this imam as a
    husband for you. The good qualities that you see in him may be found in
    someone else, and may be even greater. May Allaah make it easy for you to
    find a righteous husband who is better than him, sooner rather than later. 

    You could ask him to help you to look for a suitable husband
    for you. 

    If Allaah makes it easy for you to find a righteous husband,
    then it is essential to have a guardian with regard to your marriage. As you
    do not have anyone in your family who is Muslim, so none of them can act as
    your guardian, then your guardian should be the imam of the Islamic centre
    or some other Muslim who has standing in society and is known for religious
    commitment, trustworthiness and wisdom. There is nothing wrong with
    appointing this imam as your guardian to do the marriage contract for you, 

    Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
    said: 

    If the one who should be the guardian with regard to marriage
    is not able to perform this function, then guardianship passes to the most
    suitable of those who can be found, who have a kind of guardianship with
    regard to matters other than marriage, such as the chief of the village,
    leader of a caravan and so on. End quote. 

    Al-Ikhtiyaaraat al-Fiqhiyyah, p.
    530. 

    See also the answer to question number
    389. 

    We advise you to be patient in putting up with the mockery of
    your family because of your becoming Muslim, and do not give up calling them
    to the goodness that Allaah has made easy for you; and persist in praying
    for them to be guided, for Allaah may answer your supplication and guide
    them to the truth to which He guided you. 

    And Allaah knows best.

  • Q n A : Wife’s family making the husband have doubts about his wife


    Q
    Wife’s family making the husband have doubts about his wife


    A

    Praise be to Allah.
    It is obvious that there has been a misunderstanding between this man and his wife’s family, and that they want him to divorce her. It is essential to find out the wife’s point of view. If she wants a divorce then he has to try to change her mind by tackling the cause of the problem. Otherwise he may divorce her, and perhaps Allaah will compensate each of them with someone who is better than the other. He should however, avoid discussing the issue of her betraying him. But if his wife does not want a divorce then he should treat his wife well and seek refuge with Allaah from the accursed Shaytaan, and he should not pay any attention to the doubts for which he has no proof. The Prophet (peace and blessings of Allaah be
    upon him) said that there is gheerah (protective jealousy) that Allaah loves and there is gheerah which Allaah hates. The gheerah that Allaah loves is gheerah which is cause for doubt, and the gheerah that Allaah hates is gheerah when there is no cause for suspicion.

  • Q n A : He got married then he regretted it


    Q
    He got married then he regretted it


    A

    Praise be to Allah.
    This is a problem that often happens. You are not alone in
    your suffering. The root of the problem, in my view, is the fact that the
    husband was not able to see his fiancée fully in the manner prescribed in
    sharee’ah, by sitting with her – but not being alone with her, of course –
    and looking closely at her and even asking to see her again at another time.
     

    Yes, you made a great mistake when you felt put off by this
    girl at the time of engagement but you went ahead with the marriage.  It
    would have been better for you not to take a risk in such matters, because
    the one who wants to get married should feel completely at ease with his
    choice and not hesitant, so what about one who feels discontent as in your
    case? 

    The real problem you face now is that this girl loves you and
    respects you, and she is giving you all your rights and more. She has also
    gotten pregnant from you.  If that were not the case, we would not hesitate
    to advise you to leave her.  

    Even more unfortunate than that is the fact that her life has
    been turned into an unbearable hell. She cannot help weeping when she thinks
    of her situation and how her hopes of finding a husband with whom to share
    love and happiness have been dashed. 

    Yes, this is something decreed by Allaah and a real fact that
    we have to acknowledge and live with, namely that sometimes spouses do not
    get along and divorce takes place, and the life of one or both of them is
    wrecked as a result. You cannot live with all this pain except by means of
    patience and seeking reward from Allaah, first of all, and secondly by
    understanding the causes of failure. Hence you have your share of blame and
    you have to bear part of the consequences of this matter, even if only a
    little. You have to face up to the following: 

    1 – Try to live with this girl and put up with her as much as
    possible. At least wait until the child is born, and perhaps things will
    change and your hatred will turn to love. 

    2 – If your circumstances allow you to keep her whilst
    looking for another wife who will make you happy and let you stay with your
    first wife, and you can look after your children with her and spare them the
    pain of separation and divorce, this is something that is worth thinking
    about. 

    3 – If the solutions suggested above will not work; if the
    matter is beyind your control and your hatred for her increases and you are
    no longer able to live with her, then divorce is allowed in sharee’ah in
    such cases. 

    The bitterness of divorce will be easier for her than the
    ongoing misery of living with you, and perhaps she will find a husband with
    whom she can be happy. And perhaps you will also find a wife with whom you
    can be happy. 

    Divorce – even though it is disliked – is the solution when
    husband and wife cannot live amicably together. 

    Try to think about these solutions, and think long and hard
    about them. Do not be hasty. You should also turn to Allaah and ask Him to
    guide you with regard to this matter, for He is close to His sincere slaves.
    May Allaah help you and give you strength. 

    Dr Muhammad ibn ‘Abd al-Rahmaan al-Sa’wi 

    We remind you of the words of Allaah (interpretation of the
    meaning): 

    “and live with them honourably. If you dislike them, it
    may be that you dislike a thing and Allaah brings through it a great deal of
    good”

    [al-Nisa’ 4:19] 

    “and it may be that you dislike a thing which is good for
    you”

    [al-Baqarah 2:216]
     And the Messenger of
    Allaah (peace and blessings of Allaah be upon him) said: “No believing
    man should hate a believing woman. If he dislikes one of her characteristics
    he will be pleased with another.” Narrated by Muslim, 1469. 
    What this means is that
    it is not right for a believing man to hate a believing woman, because if he
    notices a bad characteristic in her and dislikes her because of it, he will
    find another, praiseworthy characteristic in her and will love her because
    of it, such as if she is chaste or kind or obedient… etc. 
    This applies if she has some characteristics that do not please him, so how about if she is carrying out her duties towards him in the most complete manner?.

  • Q n A : She swore a false oath; how can she expiate that?


    Q
    She swore a false oath; how can she expiate that?


    A

    Praise be to Allah.Firstly: 
    You have made several mistakes and you opened the door to waswaas and suspicion when you had no need of any of that. We do not know in fact what made you, at such a young age, interpret what you found on your body in a bad way that caused you a great deal of anguish, and opened your eyes to different kinds of sin, so that you did that evil action a great deal. We ask Allah to guide us and you and keep us chaste. 
    You made another mistake and wronged yourself, your household and your husband, when you opened the dark pages of the past and cast a shadow over your life with your husband; you told him about something that he did not know and did not ask you about, to torment him along with yourself with doubt and speculation, and anxiety and suspicion about you and your situation. May Allah set your affairs straight. 
    You made a third mistake by swearing a false oath when you had no need to do so and we do not think that it benefitted you at all. You prayed against yourself that you would not be helped to be successful, when you knew that it was a false oath, and now you are saying that you are not successful in your life. Your story is very strange, and there was no need for all of that. 
    Now, the first thing that you must do is repent to Allah from all that you have done in transgressing the rights of your Lord, the rights of your own self and the rights of your husband and household. You have to strive, as much as you can, to set straight the things that have been spoiled by your bad conduct and failure to understand matters properly. Explain to your husband that what happened was no more than mistaken thinking and conjecture that was an illusion that turned out to be wrong, and you were the one who opened the doors to waswaas and speculation. 
    Strive to let him see that you are a truthful and righteous person and try to prove to him through your conduct that you have some dignity, so that his mind will be put at rest concerning you and he may be happy with you. 
    Secondly: 
    With regard to the oath that you swore, saying that you do not know this person who did what he did, as you think, this is a false oath (al-yameen al-ghamoos). Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: It is called ghamoos because it immerses (taghmis) the one who does that in sin and then in Hell, because the one who knowingly swears a false oath concerning a matter that is in the past — Allah forbid — has combined two things: lying, which is one of the attributes of the hypocrites, and taking the matter of swearing an oath by Allah lightly, which is one of the attributes of the Jews, because the Jews are the ones who showed disrespect to their Lord, and ascribed shortcomings to Him, therefore it is an oath that immerses a person in the Fire.”(Al-Sharh al-Mumti’, 15/130)
    There is no expiation for this oath according to the correct scholarly view; rather what is required is to repent to Allah, may He be exalted, and seek His forgiveness. You must also beware of taking the matter of oaths lightly if you are telling the truth, so how about if you are lying?  
    The Standing Committee was asked: 
    I am a student in a Salafi Institute belonging to the Jamaa’at Ansaar al-Sunnah al-Muhammadiyyah in Kasla [?], and there is an Eritrean Muslim students union. There are major differences between the union and the jamaa’ah, hence doing activities with them is not allowed, but I participated with them. When the director of the institute found out, he asked me: Are you in the union? I said to him, No. He forced me to swear an oath so I did, but I was with them. Is this oath yameen ghamoos (a false oath) or do I have to offer expiation? Please note that if I had not been forced I would not have sworn an oath, but I regarded that as a case of necessity, because if I had told the truth he would have banned me from the Institute, and it is because of my keenness to seek knowledge that I did that. 
    The Standing Committee replied: 
    The oath that you mentioned was a yameen ghamoos, which is a major sin which cannot be expiated because of its seriousness. No expiation is prescribed for it according to the more correct of the two scholarly views; rather what is required is repentance and seeking forgiveness, so you have to repent and ask for forgiveness for it. End quote. Fatawa al-Lajnah al-Daa’imah, 23/133. 
    Shaykh ‘Abd al-‘Azeez ibn Baz (may Allah have mercy on him) was asked: 
    I have a brother who got a passport and he wants to get another one, and during the application process the official said to him: Do you swear that you do not have a previously issued passport? He did not see any Mushaf in front of the official, then the official took it out. My brother got scared and swore that he had not taken out any other passport. Please advise us on the ruling concerning this matter and whether he has to offer a sacrifice or is some other expiation sufficient? 
    He (may Allah have mercy on him) replied: 
    He has to repent to Allah, may He be glorified and exalted, just as any liar has to repent to Allah, and he has to be sincere in that and regret it, and not do it again. 
    There is no expiation for a false oath according to the correct opinion. The expiation for vows has to do with those which refer to the future, for example if a person says “By Allah I will not do such and such” or “By Allah I will not speak to So and so.” As for the one who tells a lie, all he has to do is repent to Allah, regret what he has done and give up the sin, and he should sincerely resolve not to do that again, out of sincerity towards Allah and the desire for that which is with Him. Thus Allah will pardon him, because by means of sincere repentance Allah erases sin, as He says (interpretation of the meaning): “And all of you beg Allaah to forgive you all, O believers, that you may be successful” [Al-Noor 24:31].”(Majmoo’ Fatawa Ibn Baz, 23/115)
    And Allah knows best.