Tag: Q n A

  • Q n A : Ruling on one who forbids marriage for himself


    Q
    Ruling on one who forbids marriage for himself


    A

    Praise be to Allah.Firstly: 
    It is not
    permissible for anyone to forbid that which Allaah has made permissible,
    such as women (marriage), food or anything else, because Allaah, may He be
    exalted, said:  
    “O you
    who believe! Make not unlawful the Tayyibaat (all that is good as regards
    foods, things, deeds, beliefs, persons) which Allaah has made lawful to you,
    and transgress not. Verily, Allaah does not like the transgressors”

    [al-Maa’idah 5:87]
    Some of the
    Sahaabah wanted to be celibate and keep away from women, but the Prophet
    (peace and blessings of Allaah be upon him) forbade them to do that,
    and Allaah revealed this verse. 
    Ibn Jareer
    narrated with his isnaad that Mujaahid (may Allaah have mercy on him) said:
    Some men, including ‘Uthmaan ibn Maz’oon and ‘Abd-Allaah ibn ‘Amr (may
    Allaah be pleased with them) wanted to be celibate, and to castrate
    themselves, then this verse was revealed.  
    Al-Bukhaari
    (5074) and Muslim (1402) narrated that Sa’d ibn Abi Waqqaas (may Allaah be
    pleased with him) said: The Messenger of Allaah (peace and blessings of
    Allaah be upon him) forbade ‘Uthmaan ibn Maz’oon to be celibate. If he had
    given him permission, we would have gotten ourselves castrated.  
    Remaining
    celibate, getting castrated and regarding women as haraam are all haraam.
    This is turning away from the Sunnah of the Prophet (peace and
    blessings of Allaah be upon him), who got married and encouraged others to
    get married. 
    Al-Bukhaari
    (5063) and Muslim (1401) narrated that Anas ibn Maalik said: Three people
    came to the houses of the wives of the Prophet (peace and blessings of
    Allaah be upon him) asking about the worship of the Prophet (peace and
    blessings of Allaah 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 Allaah be upon him)? Allaah 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 Allaah (peace and blessings of Allaah be upon him) came and
    said: “Are you the ones who said such and such? By Allaah, I am the one who
    fears Allaah 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-Bukhaari (5063) and Muslim
    (1401).  
    Thus is it
    clear that no one has the right to forbid women (marriage) to himself. 
    Thirdly: 
    Whoever has
    done that has to repent to Allaah, may He be exalted, and he has to offer
    expiation for breaking an oath, because Allaah says (interpretation of the
    meaning): 
    “O
    Prophet! Why do you forbid (for yourself) that which Allaah has allowed to
    you, seeking to please your wives? And Allaah is Oft‑Forgiving, Most
    Merciful.
    2. Allaah
    has already ordained for you (O men) the absolution from your oaths”
    [al-Tahreem 66:1-2]
    Allaah has
    described the forbidding of something permissible as an oath. 
    See:
    al-Sharh al-Mumti’ (10/475). 
    The
    expiation for breaking an oath is to free a slave, or to feed ten poor
    persons with the average kind of food that he gives his own family, or to
    clothe them. Whoever cannot do that must fast for three days. 
    This has
    been explained in detail in the answer to question no.
    45676. 
    Fourthly:  
    The ruling
    on marriage varies from one person to another, according to financial and
    physical ability and how much a person needs to get married. In some cases
    it is obligatory and in others it is mustahabb or makrooh. See question no.
    36486. 
    And Allaah
    knows best.

  • Q n A : She married without a wali (guardian) and wants to repeat the marriage contract, but her husband refuses


    Q
    She married without a wali (guardian) and wants to repeat the marriage contract, but her husband refuses


    A

    Praise be to Allah.Islam forbids a woman to get married without a wali (guardian), and it regards a marriage contract done without a wali as invalid. A kaafir cannot be the wali of a Muslim woman, so if none of her family are Muslims, then the leader or mufti of the Muslims, or the imam of the Islamic center, should stand in as her wali. 
    Ibn Qudaamah said: A kaafir cannot be the wali of a Muslim woman under any circumstances, according to scholarly consensus. 
    Al-Mughni, 7/356 
    We have discussed all of the above, with evidence and the comments of the scholars, please see the answers to questions no. 7989 and 2127. 
    So the marriage contract is not valid, and it must be annulled and you have to keep away from your husband. The husband has to repeat the marriage contact in the manner prescribed in sharee’ah, if he wants to be married to you. Try to get some good and righteous people to intervene and convince him to do that, and to correct his mistake, as this is in your interests and the interests of your child. If he does not respond, then our advice is to forget about him, because his words are not the words of a trustworthy man. His saying that he is “not ready for marriage” indicates that he only wanted to have intercourse with you, and he did not want to adhere to the commands and laws of Allaah, and the commands to be the protector and maintainer of his wife.  
    See also the answer to question no. 13501 
    It is not permissible for him to tell you to have an abortion, and it is not permissible for you to have an abortion if the foetus has reached the stage where the soul has been breathed into it. If you do that you will be killing a soul. 
    See also questions no 12118 and 13319 and 4038. 
    With regard to the child, it is valid to call him after his father and he is not regarded as an illegitimate child, rather the scholars regard him as the child of a marriage contract with some faults in it, and the child born of such a marriage is to be attributed to his father. See al-Mughni, 11/196 
    Remember that Allaah has guaranteed provision for His slaves, and has promised that whoever fears Allaah, He will give him a way out. 
    So fear Allaah, put your trust in Him and repent to him… Part of repenting means separating from this man, because the marriage contract is invalid, for there is no marriage without a wali, as the Prophet (peace and blessings of Allaah be upon him) said. And when you do that you will be doing it only because it is the command of Allaah.  
    Know that whoever gives up something for the sake of Allaah, Allaah will compensate him or her with something better… May Allaah give you strength and make things easy for you. 
    And Allaah knows best.

  • Q n A : Can a person with AIDS masturbate?


    Q
    Can a person with AIDS masturbate?


    A

    Praise be to Allah.Firstly: 
    A person who is a carrier
    of the virus or who has AIDS may get married to a woman who is healthy or
    who also has the disease, if she accepts that after coming to know of his
    condition and to what extent he is affected, and they may agree not to have
    children, or not to have intercourse. The husband may be masturbated by his
    wife, and there is no sin on him for that. 
    But it is not permissible
    for him to get married without informing the woman of his sickness, because
    concealing it is deceit and is haraam. If he conceals it then the wife finds
    out, she has the right to annul the marriage. 
    Secondly: 
    Masturbation is haraam, as
    has been explained in question no.
    329. 
    But if the person who has
    AIDS cannot get married, and he is afraid that he may fall into zina
    (fornication), it is permissible for him to masturbate, so as to choose the
    lesser of two evils. 
    Shaykh al-Islam Ibn
    Taymiyah (may Allaah have mercy on him) said: With regard to ejaculating by
    choice, if he masturbates with his hand, this is haraam according to most of
    the scholars, and it is one of the two reports narrated from Ahmad, in fact
    it is the more correct of the two. According to another report it is
    makrooh, but if he is compelled to do that, such as one who fears that he
    may fall into zina if he does not masturbate, or he fears that he may become
    ill, then in this case there are two well known scholarly views and in this
    case a number of the earlier and later scholars granted a concession,
    whereas others forbade it. And Allaah knows best. End quote from
    al-Fataawa al-Kubra (1/302). 
    It says in Sharh
    al-Muntaha (3/366): Whoever masturbates with no need, man or woman, his
    action is forbidden and he should be disciplined for that because it is a
    sin. But if he does it for fear of committing zina or homosexuality, then
    there is no punishment, and if he does it for fear of physical harm the same
    applies, and more so. But it is not permissible for a man to masturbate with
    his hand unless he is unable to get married, because if he is able to get
    married there is no need for that. End quote.
    And Allaah knows best.

  • Q n A : She wants to marry a student like her and her family doesn’t agree


    Q
    She wants to marry a student like her and her family doesn’t agree


    A

    Praise be to Allah.Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah mercy on him) was asked a
    similar question and said: 
    The ruling on that is that it is contrary to the command of the Prophet (peace and
    blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) said: “If there comes to you one with whose
    religious commitment and character you are pleased, then marry [your daughter or female relative under your care] to him.” Undoubtedly your
    father’s preventing you from marrying one who is suitable is something that is haraam. Marriage is more important than study, and it does not mean
    that you cannot study, because the two can be combined. What I advise my brothers who are the guardians of women to do, is to let them complete
    their studies; a woman may stipulate as a condition of her marriage that she be able to continue studying until her studies are complete. 
    Fataawa al-Mar’ah al-Muslimah, 2/704-705. 
    Secondly: 
    With regard to what you mention about the situation of the one who has proposed
    marriage and that he is still a student, being a student is not regarded as an impediment to marriage if he can afford to get married and to spend
    on his wife on a reasonable basis. 
    But if his being a student means that he cannot afford to get married and spend on
    his wife – apart from the unreasonable demands that some families make in the conditions that they stipulate – this is addressed by the words of
    Allaah (interpretation of the meaning): 
    “And let those who find not the financial means for marriage keep themselves
    chaste, until Allaah enriches them of His Bounty”
    [al-Noor 24:33]
    Al-Qurtubi (may Allaah have mercy on him) said: In this verse, Allaah commands everyone who is
    unable to get married and cannot find any means of doing so to keep himself chaste, because the most common obstacle to marriage is lack of money.
    So Allaah promises independence of means by His bounty, so that He will provide what one needs to get married or to find a woman who will accept a
    small mahr, or else remove from him the desire to marry.” Tafseer al-Qurtubi, 12/242 
    It should be noted that the mahr and maintenance are the rights of the woman, not
    of her guardians. She has the right to agree to a little and to marry one whom she knows is poor, but it has to be pointed out that many woman may
    agree to marry a man even though he is poor when he proposes to her, then shortly after marriage the woman may start to complain, and that leads
    to arguments and divorce. This should be taken into consideration. 
    Thirdly: 
    We advise families and guardians not to be an obstacle to keeping their daughters
    and female relatives chaste because of the unreasonable conditions that they stipulate regarding spending on the basis that they want to be
    reassured about their daughters’ future. This puts off the men who want to marry them, which leads to them being left on the shelf and the evils
    that result from that, especially nowadays when fitnah (temptation) is so widespread. Thus they harm themselves and their daughters when their
    intention is to do good. 
    We ask Allaah to set the affairs of the Muslims straight. 
    And Allaah knows best.

  • Q n A : She is asking about marrying a man who plays soccer (football)


    Q
    She is asking about marrying a man who plays soccer (football)


    A

    Praise be to Allah.Firstly: 
    Playing soccer is permissible subject to certain conditions. 
    1 – That it should not be for money, whether it is paid by the two teams, one of them or by a third party, because it is not permissible to give prizes except for competitions which help prepare one for jihad, because the Prophet (peace and blessings of Allaah be upon him) said: “There should be no (money) prizes for competitions except archery competitions and races with camels and horses.” Narrated by al-Tirmidhi (1700), al-Nasaa’i (3585), Abu Dawood (2575) and Ibn Maajah (2878); classed as saheeh by al-Albaani in Saheeh Abi Dawood. 
    Some scholars added to these three anything that helps in jihad and propagating Islam, such as competitions in knowledge of Qur’aan, hadeeth and fiqh, in which is permissible to offer prizes. 
    Therefore it is not permissible to give or take the prizes that are given to those who win soccer matches and tournaments between two or more teams, and they come under the heading of forbidden betting. 
    2 – The game should not be accompanied by anything haraam, such as uncovering the ‘awrah. The man’s ‘awrah is the area from the navel to the knee, and it is well known that most of those who play this game uncover their thighs, but this is haraam and is not permitted. 
    3 – The game should not lead to anything that is haraam, such as missing prayers, or missing Jumu’ah prayer or prayers in congregation. Unfortunately we say that many of those who play this game in clubs miss the prayers because of the matches. It is well known that delaying the prayer beyond its time with no excuse is a major sin, and it is narrated from a number of scholars that the one who does that deliberately is a kaafir, so we must be very careful. 
    This has to do with the game itself. But if there are tournaments on which money is spent and people are distracted by them, and waste time because of them, and they provoke factionalism and both Muslims and kaafirs, righteous and evildoers are glorified to the extent that a player becomes a role model for one’s sons and daughters, then this definitely should not be allowed, because among the ummah there are enough calamities, ignorance and backwardness to distract them from games on which millions of the people’s wealth are spent. 
    Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: The basic principle concerning such games and sports is that they are permissible if they serve an innocent purpose, as was referred to by Ibn al-Qayyim in his book al-Faroosiyyah and as was mentioned by Shaykh Taqiy al-Deen Ibn Taymiyah and others. If that is done as training for jihad and attack and retreat, or for physical fitness, or to ward off chronic diseases and strengthen the spirit, then it comes under the heading of permissible things, if the one who does it has a sound intention. In all cases it is essential that there be no harm caused to bodies or minds, and that it does not lead to the grudges and hatred that usually occur between players, and that it does not distract them from things that are more important, and that it does not prevent them from remembrance of Allaah (dhikr) or prayer. 
    But whoever thinks about these sports as they are played nowadays will find that they are involve evil things which dictate that they should be disallowed, in addition to the fact that it is in the nature of the game to create factionalism and stir up resentment and hatred between the victors and the losers, this team and that team, as is quite apparent. They are also accompanied by physical danger for the players as the result of collisions and fisticuffs. Games hardly ever end without one of them breaking a bone or being injured or losing consciousness. This is why ambulances are always present. 
    The games also continue during the times of prayer, which results in people not praying or offering the prayer late. 
    The players also uncover their ‘awrah, which is forbidden. The man’s ‘awrah is the area from the navel to the knee. But you will find that their clothes end at mid-thigh, and some of them are shorter than that. It is well known that the thigh is part of the ‘awrah because of the hadeeth: “Cover your thigh for the thigh is part of the ‘awrah.” Narrated by al-Tirmidhi (2797) and classed as saheeh by al-Albaani. And the Prophet (peace and blessings of Allaah be upon him) said to ‘Ali: “Do not uncover your thigh and do not look at the thigh of anyone, living or dead.” Narrated by Abu Dawood (4015). And Allaah knows best. 
    End quote from Fataawa al-Shaykh Muhammad ibn Ibraaheem, vol. 8, question no. 1948. 
    And he (may Allaah have mercy on him) said: 
    Playing football nowadays is accompanied by reprehensible things which mean that playing it should be disallowed. These things may be summed up as follows: 
    1 – It is proven to us that play continues during the times of prayer, which results in the players and spectators missing prayers or prayers in congregation, or they delay performing prayers until the time for them is over. Undoubtedly any action that interferes with performance of prayers on time or leads to missing prayers in congregation with no valid shar’i excuse is haraam.  
    2 – The nature of this game leads to factionalism, stirring up fitnah and hatred. These results are the opposite of what Islam promotes of tolerance, friendship and brotherhood, and cleaning hearts and souls of hatred, resentment and grudges.  
    3 – The game involves physical danger for the players as a result of collisions and injuries. Usually the players do not end the game without some of them falling on the pitch unconscious or with broken arms or legs. Nothing is more indicative of that than the fact that there must always be an ambulance present throughout the game.  
    4 – The purpose behind allowing sports is to make people become physically active and to train them for fighting and to ward off chronic disease. But playing football nowadays has no such aim. As well as the things mentioned above, it is now also taking people’s money for false purposes, let alone the danger of physical injury and the generation of hatred in the hearts of players and spectators, and the stirring up of fitnah. It has even gone so far that some spectators attack some players, which could go as far as murder, as happened in a match a few months ago. This alone is sufficient reason to disallow it. And Allaah is the source of strength. End quote.  
    He also said: 
    If it is done in an organized manner [as in the clubs] it seems that it should be banned altogether, because people becomes deeply involved in it and that prevents people from remembering Allaah, and it more akin to gambling. They call it “sport” but it is just a game, and matters of jihad are not like this, and even if the players have some agility and nimbleness, they are not able to strive hard in any other field. 
    It also involves other things. Some of them offer prizes for it, and this is gambling. Islam does not allow prizes for anything except competitions which support the religion and strengthen one for that. If it strengthens Islam then it is permissible to engage in competitions. In the hadeeth it says: “There should be no (money) prizes for competitions except archery competitions and races with camels and horses.” And this applies by analogy with these three to anything that supports Islam. End quote. Question no. 1950. 
    He also said: As for one or two people playing with a ball in an unorganized fashion, there is nothing wrong with that, because it does not involve anything haraam. And Allaah knows best. End quote. Question no. 1949. 
     Secondly: 
    Having established this, we do not advise you to marry this soccer player unless he gives it up, whether he is playing for a local club or a foreign one, especially since that will result in your moving to live with him in a kaafir country where there is the risk of temptation for oneself or one’s children, and it is difficult for a person to maintain his religious commitment in the environment of that game and in a kaafir country. 
    You may also refer to question no. 13363 for more information on living in the land of the mushrikeen. 
    And Allaah knows best.

  • Q n A : Ruling on a woman letting a man know that she wants to marry him


    Q
    Ruling on a woman letting a man know that she wants to marry him


    A

    Praise be to Allah.There is nothing wrong with a woman letting a man know that in principle, however the woman should not propose herself, rather it is better if that is done via her wali (guardian) or someone else who can let the man know. This is indicated by the fact that ‘Umar (may Allah be pleased with him) offered his daughter Hafsah in marriage to Abu Bakr and ‘Uthmaan (may Allah be pleased with them).

  • Q n A : Ruling on marrying a sufi woman


    Q
    Ruling on marrying a sufi woman


    A

    Praise be to Allah.Firstly: 
    Sufis are of
    various kinds with various schools of thought, most of which follow
    innovation and deviant ways of various kinds. Some of them exceed the proper
    bounds to the extent of associating others with Allaah, may He be exalted,
    such as praying to the dead, turning to them to relieve distress and ward
    off calamity. Some of them follow a great deal of innovation in their deeds,
    in dhikr and in worship. See question no.
    4983 for more
    information on some of the deviations of the Sufis, and question no.
    34817 for
    information on shirk and its types. 
    It says in
    Fataawa al-Lajnah al-Daa’imah: Most of those who are called Sufis
    nowadays follow innovations of shirk, as well as other innovations, such as
    what some of them say, “Madad ya sayyid (Help, O Master)”and their
    calling upon the aqtaab (highest ranking awliya’ or “saints”), reciting
    dhikr in unison and calling upon Allaah by names that He has not called
    Himself, such as “Huwa Huwa (He, He)” and “Ah, ah (a
    contraction of the name of Allaah)”. Anyone who reads their books will
    notice a lot of their innovations of shirk as well as other evils. End
    quote. 
    Secondly: 
    Marriage to
    a Sufi woman is subject to further discussion. 
    1 – If she
    is one of those who commits shirk in belief or in deeds, such as one who
    believes that the awliya’ (“saints”) have knowledge of the unseen and have
    control over the universe, or she believes in incarnation of the divine or
    the unity of all things, or she devotes worship to something other than
    Allaah, such as du’aa’, seeking help, sacrifices or vows, then it is not
    permissible to marry such a woman, because she has committed major shirk –
    Allaah forbid.
    2 – If she
    has not fallen into shirk, but she does some acts of innovation such as
    celebrating the Mawlid (Prophet’s birthday) or invented forms of dhikr, or
    reciting a certain number of dhikrs for which there is no basis, or a
    certain manner of dhikr that is not proven in sharee’ah, then it is better
    not to marry such a woman, because the danger of innovation is great, and
    the harm caused by it is severe. It is dearer to Iblees than sin, because
    one may repent from sin, unlike innovation, for the one who does it regards
    it as part of religion by means of which he may draw closer to Allaah, so
    how can he give it up? Moreover, marriage to a woman who follows bid’ah
    presents a danger to the children and to the whole family, especially if the
    woman speaks well or is of a good attitude, so that others may be deceived
    by her. Imam Maalik (may Allaah have mercy on him) said: Do not marry the
    people of innovation, or give your womenfolk to them in marriage, or greet
    them with salaam… al-Mudawwanah (1/84). 
    Thirdly: 
    If he did
    not know that the woman was a follower of Sufism until he married her, then
    if she is of the first type that commits shirk in word and deed and belief,
    he should call her (to the proper way) and advise her and explain to her. If
    she responds, then praise be to Allaah, otherwise it is obligatory to
    separate from her, because it is not permissible to marry a mushrik woman or
    to remain in such a marriage, because Allaah says (interpretation of the
    meaning): 
    “And do
    not marry Al-Mushrikaat (idolatresses) till they believe (worship Allaah
    Alone)”

    [al-Baqarah 2:221]
    But if she
    is of the second type, which does some innovated actions that do not reach
    the extent of kufr, then each case should be examined separately – to what
    extent does the woman adhere or not to the innovation that she believes in,
    and what effect will that have on the household and the children? 
    He should
    also look at the consequences of divorcing her, and he should do that which
    is in the best interests of Islam in each case, and which will ward off harm
    or reduce it as much as possible. 
    May Allaah
    help us all to do that which He loves and which pleases Him. 
    And Allaah
    knows best.

  • Q n A : She claims that she was divorced by her husband. Is it permissible to arrange her marriage without any proof of that?


    Q
    She claims that she was divorced by her husband. Is it permissible to arrange her marriage without any proof of that?


    A

    Praise be to Allah.Firstly: 
    If the woman
    says that she was married then she got divorced and her ‘iddah ended, should
    her word be accepted or is it essential to have proof to confirm that she is
    divorced? There is a difference of opinion among the scholars concerning
    that. 
    Some of them
    say that her word should be accepted and she should be believed, because she
    is responsible for herself.  
    Others say
    that if it is thought most likely that she is telling the truth, it is
    permissible to believe her. 
    Others make
    a distinction between one who is a stranger and one who is living in her own
    city. The word of the former should be accepted ,whereas the one who is in
    her own city should not get married until proof of her divorce is brought. 
    Some of them
    make a distinction between her telling of her divorce from a specific
    husband, such as saying, “So and so married me then he divorced me” and her
    speaking of marriage to an unspecified person. In the former case it is
    essential to bring proof that she has been divorced by him. 
    There
    follows a brief look at the comments of the fuqaha’: 
    It says in
    al-Mabsoot (5/151): If she says: My husband divorced me or died, and
    my ‘iddah has ended, it is permissible for her fiancé to marry her and
    believe her, because the issue of halaal and haraam is something that is
    determined by sharee’ah and every Muslim is responsible for himself and his
    words may be accepted with regard to issues that are decided by sharee’ah,
    but his word is not to be accepted with regard to someone else if the other
    person says that he is lying. Hence it is permissible to accept her word
    concerning that. And Allaah knows best what is correct. End quote. 
    It says in
    al-Habr al-Raa’iq (4/64): He indicated that the word of a divorced
    woman may be accepted when he said: If a (previously) married woman said to
    another man: My husband divorced me and my ‘iddah has ended, then it is
    permissible for him to believe her if he thinks it most likely that she is
    telling the truth. End quote. 
    ‘Aleesh
    al-Maaliki (may Allaah have mercy on him) was asked, as it says in Fath
    al-‘Aliy al-Maalik fi’l-Fatwa ‘ala Madhhab al-Imam Maalik (2/78): What
    is your opinion about a woman who came from Fayyoom to al-Qalyoobiyyah and
    says: I was married in al-Fayoom, and my husband divorced me two months ago,
    and she has a document confirming a divorce, dated and sealed with the seal
    of the qaadi in the city where she used to be, and she wants to get married
    after her ‘iddah ends based on the date of the document. May she be allowed
    to do that? Please answer.  
    The answer
    was: Praise be to Allaah and peace and blessings be upon our Master
    Muhammad, the Messenger of Allaah. Yes, she may be allowed to do that
    because she is to be believed in her claim to be divorced and her claim that
    the ‘iddah has ended in the manner described, especially since her claim is
    supported by the document from the qaadi. This is what is indicated by the
    texts. But further proof should be established because of what we see
    nowadays of many women cheating and having several husbands at once. We ask
    Allaah to keep us safe and sound. End quote. 
    Al-Zarkashi
    said in al-Manthoor fi’l-Qawaa’id (1/171): If she says: My husband So
    and so divorced me and my ‘iddah is over, and she asks the judge to conduct
    a marriage for her, in Adab al-Qadaa’ by al-Dubayli it says: If she
    is a stranger and her (former) husband is absent, then her word should be
    accepted with no proof or oath. If the husband is in the same city and she
    is not a stranger, then the judge should not conduct a new marriage until
    her claim has been proven. 
    In Fasl
    al-Tahleel, al-Raafa’i said that her word should be accepted if it is
    plausible, and he quoted from Fataawa al-Baghawi: If a man and a woman
    appear before the qaadi, and she asks him to marry her to this man, and says
    that she was the wife of So and so but he divorced her or died, the qaadi
    should not proceed with the marriage until proof of the divorce or death has
    been established, because she has admitted to being married to So and so.
    End quote. 
    Al-Ramli
    al-Shaafa’i was asked about a woman who said that her husband So and so
    divorced her or died, and her ‘iddah has ended; can the judge conduct her
    marriage without any proof? He replied that the judge cannot conduct her
    marriage until proof of what she says has been established, because she
    admitted to being married and marriage in principle is still valid (unless
    there is evidence to the contrary). This is unlike the case if she admits
    having been married without specifying a person.  This is what is indicated
    by what al-Dubayli said in Adab al-Qadaa’, [and he quoted the words of
    al-Zarkashi mentioned above], and what al-Qaadi mentioned in his fatwa that
    if the woman claims that her husband has died or has divorced her in front
    of her wali, and the wali denies it, she may swear an oath and the judge may
    tell him to arrange her marriage, or the judge may arrange her marriage.
    (3/161). 
    He also said
    (3/153): To conclude: if a woman claims that she is divorced from a specific
    marriage, the judge should not let her remarry until it has been proven. If
    the marriage is not specified then he may accept her word, and there are
    other views on this issue. End quote. 
    It seems
    that caution is required in this matter, especially at times of corruption
    and when there have been many incidents in which marriage contracts have
    turned out to have been done for women who are already married and are
    lying. But the judge still has the right to make the decision in such cases.
    If he thinks that her word is acceptable, he may arrange her marriage, and
    if he thinks otherwise he should ask her for proof, or he does not think
    that she is telling the truth, he should not conduct her marriage until the
    divorce has been proven. 
    What is done
    now is that the qaadi or registrar does not conduct the marriage of a woman
    who is proven to have been married before and claims that she is divorced,
    until she brings proof of the divorce. We do not know how the marriage
    contract with the man mentioned was done. 
    Secondly: 
    If there is
    some doubt as to whether the woman is divorced or if she is still married to
    her first husband, then the sons of the person in question should strive to
    ask about her and her first husband. If it is proven that she was not
    divorced from her first husband, then their father must be told about that
    and the couple must be separated until her ‘iddah from both is over. The
    matter should be referred to the qaadi to decide on the matter, and it is
    not permissible for them to be quiet if they know about that, because
    marriage to a woman who is already married to someone else before she gets
    divorced and completes her ‘iddah is an invalid marriage, and the one who
    does that is committing zina if he knew the real situation. 
    But here we
    should point out two things: 
    1 – The
    children should respect their father and recognize his status and not offend
    him by speaking of this matter. If we assume that they found out something
    reprehensible, they should look for a suitable means of advising their
    father, and if they ask someone else to intervene that is better, so to
    avoid offending him and to preserve the love that exists between them. 
    2 – The
    motive for this doubt and accusing should not be hatred of their father’s
    wife because she is a foreigner or because their father married her when he
    was old, or for some other reason that is not hidden from the Knower of the
    unseen, may He be glorified. Let them speak good words and beware of
    accusing one who is innocent; they should try to think in positive terms and
    refrain from saying anything that may hurt them or their father, so long as
    there is nothing that they cannot keep silent about. 
    The Prophet
    (peace and blessings of Allaah be upon him) said: “Whoever intercedes
    to prevent one of the hadd punishments of Allaah has opposed Allaah in His
    command; and whoever dies owing a debt, it is not (going to be settled by)
    dinars and dirhams, but rather by good and bad deeds; and whoever argues
    about falsehood knowingly will remain subject to the wrath of Allaah until
    he gives it up; and whoever says something about a believer that is not
    true, Allaah will cause him to dwell in the mud of the juice of the people
    of Hell  until he recants what he said.” Narrated by Abu Dawood (5129) from
    the hadeeth of Ibn ‘Umar (may Allaah be pleased with him).  Classed as
    saheeh by al-Albaani in Saheeh Abi Dawood. 
    May Allaah
    help us and you to do that which He loves and which pleases Him. 
    And Allaah
    knows best.

  • Q n A : Should he marry someone who is above him in terms of social status?


    Q
    Should he marry someone who is above him in terms of social status?


    A

    Praise be to Allah.Firstly: 
    If a man is
    able to provide the mahr (dowry) and can afford the expenses of marriage and
    the maintenance of his wife and household, then he is compatible with her,
    according to the majority of scholars, both those who regard wealth as a
    condition of compatibility, such as the Hanafis and Hanbalis, and those who
    do not, such as the Maalikis and the Shaafa’is according to the more correct
    view among them. 
    As for the
    view that the husband must be rich on the same level as the wife, this is a
    less correct view that was held by some of the fuqaha’. 
    But the
    correct view, based on the evidence, is that compatibility does not matter
    except with regard to religious commitment, as is the view of Maalik (may
    Allaah have mercy on him). Ibn al-Qayyim (may Allaah have mercy on him)
    said: Chapter on the ruling of the Prophet (peace and blessings of
    Allaah be upon him) on compatibility in marriage. Allaah, may He be exalted,
    says (interpretation of the meaning): 
    “O
    mankind! We have created you from a male and a female, and made you into
    nations and tribes, that you may know one another. Verily, the most
    honourable of you with Allaah is that (believer) who has At‑Taqwa [i.e. he
    is one of the Muttaqoon (the pious)]”

    [al-Hujuraat 49:13]
    “The
    believers are nothing else than brothers (in Islamic religion)”

    [al-Hujuraat 49:10]
    “The
    believers, men and women, are Awliyaa’ (helpers, supporters, friends,
    protectors) of one another”

    [al-Tawbah 9:71]
    The Prophet
    (peace and blessings of Allaah be upon him) said: “There is no
    superiority of an Arab over a non-Arab, or of a non-Arab over an Arab, or of
    a white man over a black man, or of a black man over a white man, except in
    terms of taqwa. The people are from Adam, and Adam is from dust.” Narrated
    by al-Tirmidhi (3270); classed as hasan by al-Albaani. 
    In
    al-Tirmidhi (1085) it is narrated that the Prophet (peace and blessings
    of Allaah be upon him) said: “If there comes to you one with whose religious
    commitment and character you are pleased, then marry (your female relative
    under your care) to him, for if you do not do that there will be tribulation
    in the land and great mischief.” They said: O Messenger of Allaah, even if
    he is such and such? He said: “If there comes to you one with whose
    religious commitment and character you are pleased, then marry (your female
    relative under your care) to him,” three times. Classed as hasan by
    al-Albaani. 
    The Prophet
    (peace and blessings of Allaah be upon him) said to Banu Bayaadah:
    “Give (your female relative) to Abu Hind in marriage and ask for his
    daughters in marriage” and he was a cupper. 
    The Prophet
    (peace and blessings of Allaah be upon him) married Zaynab bint Jahsh
    al-Qurashiyyah to his freed slave Zayd ibn Haarithah, and he married
    Faatimah bint Qays al-Fahriyyah al-Qurashiyyah to Usaamah, the son of Zayd,
    and he married Bilaal ibn Rabaah to the sister of ‘Abd al-Rahmaan ibn ‘Awf. 
    Allaah says
    (interpretation of the meaning): 
    “Good
    statements are for good people (or good women for good men) and good people
    for good statements (or good men for good women)”
    [al-Noor
    24:26] 
    “then
    marry (other) women of your choice”
    [al-Nisa’
    4:3]
    What is
    implied by the ruling of the Prophet (peace and blessings of Allaah be
    upon him) is that attention should be paid to compatibility in religious
    commitment first and foremost. So a Muslim woman should not be given in
    marriage to a kaafir, or a chaste woman to an immoral man. The Qur’aan and
    Sunnah do not pay attention to any compatibility beyond that. It is haraam
    for a Muslim woman to marry an evil adulterer. No attention is paid to
    lineage, profession, wealth, or whether the man is free or a slave. It is
    permissible for a lowly slave to marry a free woman of noble birth, if he is
    chaste and Muslim. And it is permissible for a non-Qurashi to marry a
    Qurashi woman, and for a non-Haashimi to marry a Haashimi woman, and for
    poor men to marry rich women. 
    And he said:
    The fuqaha’ differed as to the definition of compatibility. Maalik said,
    according to the apparent view of his madhhab, that it refers to religious
    commitment. According to a report narrated from him: It means three things:
    Being similar in terms of religious commitment; both being slaves or both
    being free; and compatibility with regard to physical soundness. End quote
    from Zaad al-Ma’aad (5/144). See also al-Mughni (7/27) and
    al-Mawsoo’ah al-Fiqhiyyah (34/271). 
    Secondly: 
    Social level
    may refer to lineage, wealth, education, profession or job, or it may mean
    all of them. 
    If a man’s
    religious commitment and character are pleasing, then he is compatible with
    the woman, no matter what her social level, according to the more correct
    view, as noted above. This is the basic principle and the ruling of
    sharee’ah. But it remains to examine the situation of each suitor and
    whether he is suitable to marry one whose social level is above him, or
    not. 
    It seems –
    and Allaah knows best – that if the difference is great in terms of lineage,
    wealth, education and profession, that it is not advisable to go ahead with
    this marriage, because there are usually problems from the woman or her
    family. There may be differences in lifestyle and the ways in which they do
    things, which may put the spouses off one another. 
    But if the
    difference is small, or it has to do with one area but can be made up for in
    another area, then there is nothing wrong with it in that case, such as if
    the husband is poor but he is highly qualified, or he is qualified for a
    decent job, or some of his family are of high standing and so on. 
    Then there
    are cases in which the woman and her family are so righteous that they are
    above looking at material concerns and measuring people thereby, and they
    may want to choose a husband who is poor because of his righteousness and so
    on. But it is better if the husband is the one who is of a higher status.   
    Whatever the
    case, the precise advice in each case depends on complete knowledge of both
    parties and their families. Perhaps you can seek advice from someone whom
    you trust in your community. 
    We ask
    Allaah to help you and guide you. 
    And Allaah
    knows best.

  • Q n A : Is he obliged to attend the waleemah when there is someone there who will offend him with his words and actions?


    Q
    Is he obliged to attend the waleemah when there is someone there who will offend him with his words and actions?


    A

    Praise be to Allah.Firstly: 
    If the
    waleemah is for a wedding, then it is obligatory to attend it, for the one
    who is invited personally, according to the majority of fuqaha’. 
    But if the
    invitation is general, and he is not invited by name, then he does not have
    to attend. 
    Ibn Qudaamah
    (may Allaah have mercy on him) said: Ibn ‘Abd al-Barr said: There is no
    difference of opinion among the scholars concerning the fact that it is
    obligatory to attend a waleemah for the one who is invited to it, so long as
    there is no idle entertainment in it. This is the view of Maalik,
    al-Shaafa’i and Abu Haneefah. 
    It was
    narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger
    of Allaah (peace and blessings of Allaah be upon him) said: “If one of
    you is invited to a waleemah, let him attend.” According to another version:
    The Messenger of Allaah (peace and blessings of Allaah be upon him)
    said: “Accept this invitation when you are invited.” Abu Hurayrah said: “The
    worst of food is the food of a waleemah to which the rich are invited and
    the poor are ignored. Whoever does not attend has disobeyed Allaah and His
    Messenger.” Narrated by al-Bukhaari. 
    What is
    meant – and Allaah knows best – by the words “the worst of food is the food
    of a waleemah” is the food of a feast to which the rich are invited and the
    poor are ignored. It dos not mean that the food of any waleemah is the worst
    of food. 
    But it is
    only obligatory to attend for one who is invited specifically, when a man or
    a group is invited by name. But if someone issues an invitation and says, “O
    people, come to the waleemah,” it is not obligatory to respond, and it is
    not mustahabb to do so. Rather it is permissible to accept because one is
    included in the general invitation. End quote from al-Mughni
    (7/213). 
    Secondly: 
    If there are
    people at the waleemah who will cause offence, it is not obligatory to
    attend. This is an excuse not to attend. 
    This was
    stated by some of the fuqaha’. In that case he has to apologize to the one
    who gave the invitation, or attend for a short while and leave quickly. 
    It says in
    Tuhfat al-Muhtaaj (7/430), where the conditions of it being
    obligatory to accept an invitation are mentioned: There should not be in the
    place where he is to attend anyone who will offend the invited one by means
    of outward hostility or destructive envy (hasad), or anyone with whom it is
    not appropriate to sit, such as vile and despicable people. End quote. 
    Thirdly: 
    If the
    waleemah is not for a wedding, it is not obligatory to attend, even if one
    is especially invited to it. 
    Ibn Qudaamah
    (may Allaah have mercy on him) said in al-Mughni (7/218): The ruling
    on accepting invitations to circumcision waleemahs and all other invitations
    except to weddings, is that it is mustahabb, because it involves offering
    food to people. But accepting the invitation is mustahabb, not waajib
    (obligatory). This is the view of Maalik, al-Shaafa’i, and Abu Haneefah and
    his companions. End quote. 
    Based on
    this, there is no sin on you if you do not attend these waleemahs, if they
    are not for weddings. 
    Fourthly: 
    For a woman
    to uphold ties of kinship with her brothers and sisters is something that is
    confirmed in sharee’ah, because of the commands to uphold the ties of
    kinship that are mentioned in the Qur’aan and Sunnah, and the prohibition on
    severing those ties. This upholding of family ties may be achieved through
    visits, phone calls and asking after family members, depending on what one
    is able to do. 
    You should
    not fall short in this great act of worship, and not let your brothers’
    coldness and lack of kindness push you to do that. You will be rewarded for
    upholding ties with them, even if they fall short towards you, because the
    Prophet (peace and blessings of Allaah be upon him) said: “The one who
    upholds the ties of kinship is not the one who reciprocates, rather the one
    who upholds the ties of kinship is the one who upholds those ties even if
    his relatives cut him off.” Narrated by al-Bukhaari (5645). 
    The one who
    reciprocates his relatives, and returns favours and treats them well if they
    treat him well, is not the one who is upholding ties of kinship as required
    by sharee’ah. Rather the upholding of kinship ties that is required in
    sharee’ah is that which involves treating relatives well even when they
    treat you badly.  
    But if
    meeting often will cause annoyance, there is no sin in reducing the
    frequency, whilst remaining in touch at infrequent intervals or by phone,
    etc. 
    But it is
    better to hasten to remove the misunderstanding between you and your
    brothers, and try hard to improve your relationship with them. That is
    better for all of you in this world and in the Hereafter. 
    And Allaah
    knows best.