Tag: Q n A

  • Q n A : Is she sinning by attending wedding parties that involve reprehensible things if she sits far away and helps them with cooking etc?


    Q
    Is she sinning by attending wedding parties that involve reprehensible things if she sits far away and helps them with cooking etc?


    A

    Praise be to Allah.
    Firstly: 

    It is not permissible to attend wedding parties that include
    reprehensible things such as singing accompanied by drums or other musical
    instruments, apart from the daff, or mixing between men and women, or other
    evils, except for one who is able to denounce that and thinks it most likely
    that he will be able to put a stop to the evil by denouncing it. 

    Ibn Qudaamah (may Allaah have mercy on him) said: If a person
    is invited to a waleemah in which there is sin, such as alcohol and musical
    instruments, etc, and he can denounce it and put an end to the evil, then he
    must attend and denounce it, because then he will be fulfilling two
    obligations: accepting the invitation of his Muslim brother and putting a
    stop to evil. But if he is unable to denounce it, then he should not attend.
    If he does not know of the evil until he gets there, then he should put a
    stop to it, and if he is not able to, then he should leave. Something
    similar to this was said by al-Shaafa’i. End quote from al-Mughni,
    7/214. 

    It says in Fataawa al-Lajnah al-Daa’imah: If the
    wedding party is free of evils such as mixing between men and women,
    promiscuous singing and so on, or if she attends she will be able to change
    the evils, then it is permissible for her to attend in order to share in the
    joy. Rather attendance is obligatory if there is some evil that she is able
    to put a stop to. 

    But if the party involves evils that she cannot denounce,
    then it is haraam for her to attend, because of the general meaning of the
    verses in which Allaah says (interpretation of the meaning): 

    “And leave alone those who take their religion as play and
    amusement, and whom the life of this world has deceived. But remind (them)
    with it (the Qur’aan) lest a person be given up to destruction for that
    which he has earned, when he will find for himself no protector or
    intercessor besides Allaah”

    [al-An’aam 6:70]  

    “And of mankind is he who purchases idle talks (i.e.
    music, singing) to mislead (men) from the path of Allaah without knowledge,
    and takes it (the path of Allaah, or the Verses of the Qur’aan) by way of
    mockery. For such there will be a humiliating torment (in the Hell‑fire)”

    [Luqmaan 31:6]
    And there are very many
    ahaadeeth which condemn singing and musical instruments. End quote from
    Fataawa al-Mar’ah, compiled by Muhammad al-Musnad, p. 92 
    Secondly: 
    If your going to the
    wedding and taking part in the cooking etc will not result in your listening
    to the evils, or approving of them or helping in them, such as if the place
    where the evil actions are being committed is far away from you, or you will
    be able to leave before they start the reprehensible actions, then there is
    nothing wrong with your going in that case, but you should offer them advice
    and explain to them the rulings on these evils, and tell them that it is
    haraam to take part in them. 
    In his commentary on the
    verse (interpretation of the meaning):  
    “And it has already
    been revealed to you in the Book (this Qur’aan) that when you hear the
    Verses of Allaah being denied and mocked at, then sit not with them, until
    they engage in a talk other than that; (but if you stayed with them)
    certainly in that case you would be like them. Surely, Allaah will collect
    the hypocrites and disbelievers all together in Hell”
    [al-Nisa’ 4:140]
    al-Qurtubi (may Allaah
    have mercy on him) said: “then sit not with them, until they engage in a
    talk other than that” means, talk other than kufr; “certainly in that
    case you would be like them”. This indicates that it is obligatory to
    avoid those who commit sin if they openly commit an evil action, because
    whoever does not avoid them is approving of what they are doing, and
    approving of kufr is itself kufr. Allaah says “certainly in that case you
    would be like them”. So whoever sits in a gathering where sin is
    committed and does not denounce it has a burden of sin just like them. 
    They should be denounced
    if they speak of or do sinful things; if a person is not able to denounce
    them, then he should get up and leave them, so that he will not be one of
    those mentioned in this verse. End quote. 
    Al-Sa’di (may Allaah have
    mercy on him) said: 
    This also includes
    attending gatherings where sin and immorality take place, where the commands
    and prohibitions of Allaah are taken lightly and the limits that He has set
    for His slaves are transgressed. It is forbidden to sit with them “until
    they engage in a talk other than that”, i.e., other than disbelieving in
    the verses of Allaah and mocking them. “certainly in that case”
    means, if you sit with them in those circumstances, “you would be like
    them” because you have approved of their kufr and mockery of Islam, and
    the one who approves of a sin is like the one who does it. 
    To conclude, the one who
    attends a gathering in which Allaah is disobeyed is obliged to denounce them
    if he is able to, or to leave if he is not. End quote. 
    Tafseer al-Sa’di,
    p. 217 
    And Allaah knows best.

  • Q n A : She had injections to make her infertile – what is the ruling on that?


    Q
    She had injections to make her infertile – what is the ruling on that?


    A

    Praise be to Allah.Islam encourages us to have many children, and the Prophet of Allah Shu’ayb (peace be upon him) reminded (his people) of this blessing and said to them: “And remember when you were but few, and He multiplied you” [al-A’raaf 7:86]. And it was narrated from Ma’qil ibn Yasaar (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: “Marry those who are loving and fertile, for I will be proud of your great numbers before the nations.” Narrated by Abu Dawood, 2050; classed as saheeh by al-Albaani. See also question no. 13492. 
    Being sterilized permanently may mean one of two things: 
    1 – It may be done out of necessity, such as if it is determined by trustworthy medicinal evidence that pregnancy will pose a danger to the mother’s life, and there is no hope of a cure, so permanent sterilization will ward off that danger. In this case it is permissible to be sterilized. 
    2 – When there is no need for it. Undoubtedly in this case it is a criminal act and a major sin, because it is a transgression against the creation of Allah for no reason, and preventing the production of offspring which was encouraged by the Prophet (peace and blessings of Allah be upon him), and being ungrateful for the blessing of children which Allah bestows upon His creation. 
    It says in al-Insaaf: It says in al-Faa’iq: And it is not permissible to do anything that will put a stop to pregnancy. (1/383). 
    The Islamic Fiqh Council stated the following in its report no. 39 (1/5): 
    It is haraam to sterilize both men and women, if there is no necessary reason for doing so unless there is a necessity which is to be determined according to the guidelines set out by sharee’ah. It is permissible to take temporary measures to space pregnancies or prevent them for a limited period of time, if there is a legitimate shar’i need to do so, so long as this decision is made on the basis of mutual consultation and approval between the spouses. That is subject to the condition that no harm should result from that, and that the means should be acceptable according to sharee’ah, and that there should be no harm caused to an existing pregnancy. End quote. 
    Based on this, if your preventing pregnancy is for a legitimate reason as outlined above, then you do not have to do anything. But if it was not for a necessary reason, then you have done something which is haraam, and you have to repent sincerely to Allah and stop taking these injections immediately. If there is anything that will reverse their effect without causing harm, then you must take it.
    And Allah knows best.

  • Q n A : She wants to marry a man who has a contagious disease


    Q
    She wants to marry a man who has a contagious disease


    A

    Praise be to Allah.
    It states in sharee’ah that the Muslim should not expose
    himself to harm. 

    That includes mixing with a person who has a contagious
    disease, especially if that disease is serious and chronic, such as herpes. 

    The rulings of sharee’ah are addressed to everyone, sick and
    healthy alike. 

    With regard to the one who is sick, Muslim (2221) narrated
    from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of
    Allaah (peace and blessings of Allaah be upon him) said: “The owner of
    sick camels should not bring them to the healthy ones” – lest the disease be
    transmitted to the healthy ones. 

    With regard to the one who is healthy, the Prophet
    (peace and blessings of Allaah be upon him) said: “Flee from the leper as
    you would flee from a lion.” Narrated by Ahmad, 9429; classed as saheeh by
    al-Albaani in Saheeh al-Jaami’, 7530. 

    Leprosy is a well-known contagious disease – we ask Allaah to
    keep us safe and sound. 

    Muslim (2231) narrated from ‘Amr ibn al-Shareed that his
    father said: Among the delegation from Thaqeef there was a leper. The
    Prophet (peace and blessings of Allaah be upon him) sent word to him
    saying: “We have accepted your oath of allegiance; go back.” 

    Ibn al-Qayyim (may Allaah have mercy on him) said in
    Miftaah Daar al-Sa’aadah (2/272): 
    He sent word to that
    leper accepting his oath of allegiance so as to establish the shar’i
    principle of avoiding the causes of harmful and hateful things, because a
    person should not expose himself to the causes of harm. 

    Ibn al-Qayyim said in Zaad al-Ma’aad (4/147): 
    Chapter on the guidance
    of the Prophet (peace and blessings of Allaah be upon him) on avoiding
    contagious diseases and his advice to healthy people to avoid those who have
    such diseases. Then he quoted the ahaadeeth mentioned above. 

    Your wish to marry this man who has herpes may be influenced
    by emotion, and you think that you are being patient and forbearing, then if
    disaster strikes you will regret it when regret will be of no benefit. There
    is nothing to compare to good health. 

    Our advice to you is not to marry this person.

    We ask Allaah to bless you with a righteous husband who will
    help you in your religious affairs. 

    And Allaah knows best.

  • Q n A : If one spouse curses the other, does this mean that they are divorced or forbidden to one another?


    Q
    If one spouse curses the other, does this mean that they are divorced or forbidden to one another?


    A

    Praise be to Allah.
    Neither of them becomes forbidden to the other as the result
    of cursing, and divorce does not take place as a result, but his cursing her
    or her cursing him is a major sin, and they have to repent and ask Allaah
    for forgiveness for what they have done, and they have to ask one another
    for forgiveness for cursing one another. And Allaah is the Source of
    strength. May Allaah send blessings and peace upon His Prophet Muhammad and
    his family and companions. End quote. 

    Standing Committee for Academic Research and Issuing Fatwas.

  • Q n A : I do not want to get married but my parents want me to; am I Islamically obliged to agree?


    Q
    I do not want to get married but my parents want me to; am I Islamically obliged to agree?


    A

    Praise be to Allah.It should be noted that marriage is part of the teachings and practice of the Prophet (blessings and peace of Allah be upon him). Our Prophet (blessings and peace of Allah be upon him) rebuked those who wanted to remain unmarried. He said: “As for me, I marry women. Whoever turns away from my Sunnah (my way) is not of me.” Narrated by al-Bukhaari (4776) and Muslim (1401). What is meant by “my Sunnah” is his guidance and path. No one has the right to forsake the path, guidance and Sunnah of the Prophet (blessings and peace of Allah be upon him) for the sake of some worldly matter because he is keen to pursue further studies or earn more money or seek some social position, or because of some specious argument of the evil doers that comes to his mind, and so on. 
    This teaching is more emphasized at times of fitnah (turmoil or temptation) when a person fears for himself (that he may give into temptation) because there is no control and no one is watching him. So the Muslim is enjoined to seek help in controlling his evil inclinations and in resisting the Shaytaan by all possible means, and he is enjoined to seek and attain chastity. If he fears that he may give in to temptation, then it is obligatory for him to get married, so as to ward off temptation and corruption from his religious commitment. 
    You should understand that some younger women may be sought in marriage at a specific age, when compatible and righteous men propose marriage to them, but they refuse on the grounds that they want to complete their studies, or they are looking for someone who is more rich, and so on. Then they grow older and spend the rest of their lives waiting. By doing so, they go against the command of the Prophet (blessings and peace of Allah be upon him) to accept a righteous husband who is religiously committed and of good character. 
    “If there comes to you one with whose religious commitment and character you are pleased, then give [your daughter or other female relative under your care] to him in marriage, for if you do not do that there will be fitnah in the land and a great deal of mischief.” [Hadeeth narrated by at-Tirmidhi] 
    By doing that, the woman forgets her true role in life, the purpose for which Allah created mankind in two halves, male and female, and made that one of the signs of His might and power, and of His Oneness, may He be exalted. 
    Therefore we do not agree that you should disregard the idea of marriage altogether on the grounds of pursuing further study or seeking material gains. If you do have a clear reason for that, then explain it to your parents and come to some mutual understanding about it, so long as you are not using that as an excuse to forgo marriage altogether and ignore one of the greatest means of maintaining a sound way of life and establishing true servitude (‘uboodiyyah) to Allah in this world. 
    But if what you meant is that you do not want to marry a particular individual, for some reason, although you accept the principle if a compatible man proposes to you, then this is your right and there is nothing wrong with that; your parents do not have the right to force you to marry a particular person. 
    Please see also the answer to question no. 163990 
    And Allah knows best.

  • Q n A : Who is the woman who is religiously committed?


    Q
    Who is the woman who is religiously committed?


    A

    Praise be to Allah.Advice to marry the woman who is religiously committed – who is the one who is religiously committed? 
    (a)
    The Prophet (peace and blessings of Allah be upon him) encouraged marrying women who are religiously committed, as he said: “Women may be married for four things: their wealth, their lineage, their beauty and their religious commitment. Choose the one who is religiously-committed, may your hands be rubbed with dust (i.e., may your prosper).” Narrated by al-Bukhari, 5090; Muslim, 1466. 
    ‘Abd al-‘Azeem Abaadi (may Allah have mercy on him) said: 
    What this means is that a man who is religiously committed and of noble character should make religion his focus in all things, especially with regard to long-term matters. So the Prophet (peace and blessings of Allah be upon him) enjoined finding a wife who is religiously committed, which is the ultimate goal. 
    “may your hands be rubbed with dust” is urging him to strive hard and roll up his sleeves and seek that which is enjoined.  
    ‘Awn al-Ma’bood (6/31). 
    (b)
    With regard to the attributes of religiously committed women, we may list many attributes which apply to women who are described as religiously committed. These include: 
    1.     Sound belief  
    This is the most important attribute. The woman who is from ahl al-sunnah wa’l-jamaa’ah will have achieved the highest and most precious characteristic of religiously-committed women, and the one who is a follower of bid’ah (innovation) and misguidance will not be one of the religiously committed women whom the Muslim is encouraged to marry, because of the bad effect that she will have on the husband or children, or on both. 
    2.     Obedience to her husband, and not going against him if he enjoins something that is right 
    It was narrated that Abu Hurayrah said: It was said to the Messenger of Allah (peace and blessings of Allah be upon him): Which of women is best? He said: “The one who makes (her husband) happy when he looks at her, obeys him when he tells her to do something, and does not disobey him with regard to herself or her wealth in a way that he dislikes.”
    Narrated by al-Nasaa’i (3131); classed as saheeh by al-Albaani in Saheeh al-Nasaa’i. 
    So the Prophet (peace and blessings of Allah be upon him) mentioned together three important characteristics to be found in the good, righteous wife. They are:
    (i)                When he looks at her, he is happy with her religious commitment, attitude, behaviour and appearance.
    (ii)              When he is away from her, she protects his honour and his wealth.
    (iii)            If he tells her to do something, she obeys him, so long as he does not tell her to commit sin. 
    3.     Helping her husband in his faith and religious commitment, telling him to do acts of obedience and stopping him from doing haraam things. 
    It was narrated that Thawbaan said: When there was revealed about silver and gold what was revealed, they said: So what kind of wealth should we acquire? ‘Umar said: I will find out about that for you. So he mounted his camel and caught up with the Prophet (peace and blessings of Allah be upon him) and I was right behind him. He said: O Messenger of Allah, what kind of wealth should we acquire? He said: “Let one of you acquire a thankful heart, a tongue that remembers Allah and a believing wife who will help him with regard to the Hereafter.” 
    Narrated and classed as hasan by al-Tirmidhi (3094). In another version it says: “who will help him with his faith.” Ibn Maajah (1856). Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.   
    Al-Mubaarakfoori (may Allah have mercy on him) said: 
    “A believing wife who will help him with his faith” means, with his religious commitment, by reminding him to pray, fast and do other acts of worship, and will keep him from committing zina and all other haraam deeds. 
    Tuhfat al-Ahwadhi (8/390). 
    4.     She should be a righteous woman, and among the attributes of the righteous woman is that she is obedient to her Lord and fulfils her husband’s rights with regard to his wealth and herself, even when her husband is absent. 
    Allah says (interpretation of the meaning): 
    “Therefore the righteous women are devoutly obedient (to Allah and to their husbands), and guard in the husband’s absence what Allah orders them to guard (e.g. their chastity and their husband’s property)” [al-Nisa’ 4:34]. 
    Shaykh ‘Abd al-Rahmaan al-Sa’di (may Allah have mercy on him) said:  
    “Therefore the righteous women are devoutly obedient” means: obedient to Allah, may He be exalted. 
    “guard in the husband’s absence” means: they are obedient to their husbands and even in their absence they guard themselves and their husband’s wealth, seeking the help of Allah in that, because no one can do that by himself or herself, for the self is inclined towards evil, but the one who puts his trust in Allah, He will suffice him and help him in his religious and worldly affairs.”(Tafseer al-Sa’di p. 177) 
    It was narrated that Sa’d ibn Abi Waqqaas said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “There are four things that are essential for happiness: a righteous wife, a spacious home, a good neighbour and a sound means of transportation. And there are four things that make one miserable: a bad neighbour, a bad wife, a small house and a bad means of transportation.” 
    Narrated by Ibn Hibbaan in al-Saheehah (1232); classed as saheeh by al-Albaani in al-Silsilah al-Saheehah (282) and Saheeh al-Targheeb (1914). 
    Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:  
    A righteous wife will be with her righteous husband for many years, and she is the one who is meant in the hadeeth in which the Messenger of Allah (peace and blessings of Allah be upon him) said: “This world is temporary conveniences and the best of its comforts is a believing wife, who when you look at her she pleases you and if you tell her to do something she obeys you, and if you are away from her she protects you with regard to  herself and your wealth.”
     This is what the Prophet (peace and blessings of Allah be upon him) enjoined when the Muhaajiroon asked him which kind of wealth they should acquire, and he said: “Let one of you acquire a tongue that remembers Allah, a thankful heart, and a believing wife who will help him with regard to the Hereafter.” Narrated by al-Tirmidhi from Saalim ibn Abi’l-Ja’d, from Thawbaan. 
    She may offer the love and compassion that Allah speaks of in His Book, and the pain of separation may be harder for her than death in some cases, and harder than losing wealth or leaving one’s homeland, especially if one of them is fond of the other or they have children together who will be harmed by separation.  
    Majmoo’ al-Fatawa (35/299). 
    5.     Good etiquette and knowledge 
    It was narrated that Abu Moosa al-Ash’ari said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “There are three who will be given a double reward: a man from among the people of the Book who believed in his Prophet, then lived to see the Prophet (S) and followed him and believed in him– he will have a double reward; and a slave who fulfils his duty towards Allah and towards his master – he will have a double reward; and a man who had a slave woman whom he fed and fed her well, and taught her and taught her well, then he set her free and married her – he will have a double reward.”
    Narrated by al-Bukhari (97) and Muslim (154). 
    Al-Mubaarakfoori (may Allah have mercy on him) said:
    “and taught her” means he taught her good manners. 
    “and taught her well” means teaching in a kind manner.  
    Tuhfat al-Ahwadhi (4/218). 
    6.     Doing acts of worship and obedience, and refraining from haraam things. 
    This is part of what being religiously committed means, that is mentioned in the saheeh hadeeth that we quoted at the beginning of our answer. 
    Al-Khateeb al-Sharbeeni al-Shaafa’i (may Allah have mercy on him) said: 
    What is meant by religious commitment is acts of obedience and worship, and righteous deeds, and refraining from haraam things. 
    Mughni al-Muhtaaj (3/127). 
    The one who combines obedience to her Lord, doing the obligatory duties that are enjoined upon her, and avoiding the haraam things that she is forbidden to do, with obedience to her husband, has glad tidings from the Prophet (peace and blessings of Allah be upon him) that she will be highly honoured when she enters Paradise. 
    According to the hadeeth: “If a woman prays her five (daily prayers), fasts her month (Ramadaan), guards her chastity and obeys her husband, it will be said to her: Enter Paradise by whichever of the gates of Paradise you wish.” Narrated by Ahmad (1664) and others; classed as hasan by al-Albaani because of another report in Saheeh al-Targheeb, as stated by al-Arna’oot in Takhreej al-Musnad. 
    7.     She is a devout worshipper and one who fasts 
    Allah says (interpretation of the meaning): 
    “It may be if he divorced you (all) that his Lord will give him instead of you, wives better than you __ Muslims (who submit to Allah), believers, obedient (to Allah), turning to Allah in repentance, worshipping Allah sincerely, given to fasting or emigrants (for Allah’s sake), previously married and virgins” [al-Tahreem 66:5] 
    al-Baghawi (may Allah have mercy on him) said: “will give him instead of you, wives better than you Muslims” means who submit to Allah and obey Him. 
    “believers” who believe in the Oneness of Allah (Tawheed). 
    “obedient (to Allah)” means obedient, or it was said: who offer supplication (du’aa’), or who pray. 
    “given to fasting or emigrants” those who fast often, or Zayd ibn Aslam said: women who migrated (for the sake of Allah), or it was said, who go with him wherever he goes.  
    Tafseer al-Baghawi (8/168). 
    Thus it is known that “religious commitment” (deen) is a comprehensive word that includes different kinds of worship, obedience, characteristics and attitudes. It is essential to note that that which we have said of these qualities and deeds is not the same with all women, rather there are different degrees thereof, and that is well known. The more modest, knowledgeable and devoted to worship a woman is, the more desirable she is as a wife. 
    Whatever the case, the woman who is religiously committed is the one who will help a man to protect his own religious commitment, and help him with regard to his Hereafter; she will make him happy when he looks at her and she will protect him when he is absent, and she will raise his children well. 
    See the answer to question no. 83777 for information on proposing to a girl who is religiously committed but not beautiful; you will find useful information there that is complementary to this answer. 
    And Allah knows best.

  • Q n A : He committed zina with a married woman who was estranged from her husband; can he marry her if her husband divorces her?


    Q
    He committed zina with a married woman who was estranged from her husband; can he marry her if her husband divorces her?


    A

    Praise be to Allah.If a woman leaves her husband or a man leaves his wife for one or two years, or for more or less time than that, the marriage remains valid until the man actually divorces his wife. So long as that has not happened, and the man has not uttered the word of divorce (talaaq) to his wife, or has not written words to that effect with the intention of divorcing her, then the woman is still his wife, even if the separation has gone on for a long time. 
    Shaykh Ibn Baaz (may Allah have mercy on him) was asked: When is a woman regarded as divorced? He said: The woman is regarded as divorced if her husband issues a divorce (talaaq) to her when he is of sound mind and does so by choice, with no impediment to divorce such as insanity, intoxication and the like, and the woman is pure (i.e., not menstruating), during a period of purity in which he has not had intercourse with her, or she is pregnant or postmenopausal.
    End quote from Fataawa at-Talaaq, 1/35 
    For more information, please see the answer to question no. 11681
    Secondly: 
    Zina (fornication or adultery) is one of the major sins; the degree of sin is worse and the punishment is multiplied if the woman is married, because that is a betrayal of her husband … Hence the punishment for an unmarried zaani is one hundred lashes, and the punishment for a previously married zaani is stoning to death. 
    Allah, may He be exalted, says (interpretation of the meaning):
    “And come not near to the unlawful sexual intercourse. Verily, it is a Fahishah (i.e. anything that transgresses its limits (a great sin)), and an evil way (that leads one to Hell unless Allah forgives him)”
    Al-Isra’ 17:32]. 
    Shaykh as-Sa‘di (may Allah have mercy on him) said: The prohibition on approaching it or coming near it is more eloquent than merely prohibiting the action, because that includes the prohibition on all the things that may lead to it or promote it, because the one who approaches a forbidden area will soon find himself wandering in it, especially in the case of this matter which is very tempting for many people. 
    Allah described zina and its abhorrent nature as a “faashishah” (something that transgresses its limits); in other words it is a sin that is regarded as immoral and odious in terms of sharee‘ah, rational thought and sound human nature, because it implies transgression of the sacred limits with regard to the rights of Allah, the rights of the woman and the rights of her family or husband, betrayal of marriage, confusion of lineage, and other negative consequences. 
    The words “and an evil way” mean: what an evil way is the way of the one who dares to commit this grave sin.
    End quote from Tafseer al-Kareem ar-Rahmaan fi Tafseer Kalaam al-Mannaan, 1/457 
    What they must both do is repent sincerely, turn back to Allah and keep away from the things that lead to zina. Whoever repents, Allah will accept his repentance. 
    For more information on the crime of zina and repentance therefrom, please see the answer to question no. 47924 and 138270
    Secondly: 
    The basic principle is that it is not permissible for the zaani to marry the zaaniyah until after they have repented sincerely, because Allah, may He be exalted, says (interpretation of the meaning):
    “The adulterer marries not but an adulteress or a Mushrikah and the adulteress none marries her except an adulterer or a Muskrik (and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely he is either an adulterer, or a Mushrik (polytheist, pagan or idolater, etc.) And the woman who agrees to marry (have a sexual relation with) a Mushrik (polytheist, pagan or idolater) or an adulterer, then she is either a prostitute or a Mushrikah (female polytheist, pagan, or idolatress, etc.)). Such a thing is forbidden to the believers (of Islamic Monotheism)”
    [an-Noor 24:3]. 
    Repentance is attained by regretting (what one has done) and resolving not to go back to the sin. So long as they have repented and regretted what they fell into of sin, it is valid for them to marry according to most of the scholars. 
    Ibn Qudaamah (may Allah have mercy on him) said: 
    If a woman commits zina, it is not permissible for the one who knows of that to marry her unless two conditions are met:
    1.That her ‘iddah has ended
    2.That she has repented from zina.
    If these two conditions are met, it is permissible for the zaani or anyone else to marry her, according to the opinion of most of the scholars, including Abu Bakr, ‘Umar, Ibn ‘Umar, Ibn ‘Abbaas, Jaabir, Sa‘eed ibn al-Musayyab, Tawoos, Jaabir ibn Zayd, ‘Ata’, al-Hasan, ‘Ikrimah, az-Zuhri, ath-Thawri, ash-Shaafa‘i, Ibn al-Mundhir, and ashaab ar-ra’y. 
    It was narrated from Ibn Mas‘ood, al-Bara’ ibn ‘Aazib and ‘Aa’ishah that she is not permissible (in marriage) for the zaani under any circumstances. They said: They are still zaanis whenever they are together, because of the general meaning of the verse and the report. 
    It may be that what they meant by that was the period before they repent or before it is established that she is not pregnant, in which case it is the same as our view. 
    With regard to it being forbidden in absolute terms, that is not correct, because Allah, may He be exalted, says (interpretation of the meaning): “All others are lawful, provided you seek (them in marriage) with Mahr (bridal money given by the husband to his wife at the time of marriage) from your property” [an-Nisa’ 4:24]. 
    Because she is permissible (in marriage) for someone other than the one who committed zina with her, she is also permissible to him, like any other woman. 
    End quote from al-Mughni, 7/108. 
    Thirdly: 
    It is not permissible for a Muslim to turn a woman against her husband because that leads to the breakup of families, even if there was a bitter dispute between the spouses. Some scholars regarded this as a major sin. The Prophet (blessings and peace of Allah be upon him) said: “He is not one of us who turns a woman against her husband.” Narrated by Abu Dawood, 2175; classed as saheeh by al-Albaani in Saheeh Abi Dawood. 
    Abu Dawood (5170) also narrated that Abu Hurayrah said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever turns a man’s wife or slave against him is not one of us.”
    Classed as saheeh by al-Albaani in Saheeh Abi Dawood. 
    Shaykh ‘Abd al-‘Azeem Abaadi (may Allah have mercy on him) said: 
    “Whoever turns a woman against her husband” (means) by mentioning the husband’s bad qualities to his wife, or mentioning the good qualities of another man to her. 
    ‘Awn al-Ma‘bood, 6/159 
    And he said “Whoever turns a man’s wife” means: he deceives her and corrupts her, or makes the idea of divorce attractive to her so that he or someone else can marry her, and so on.
    ‘Awn al-Ma‘bood, 14/52 
    Al-Mannaawi (may Allah have mercy on him) said: Our shaykh, ash-Sha‘raawi, said: That also includes the case where a woman who is angry with her husband comes to him so that he can reconcile between them, for example, so he offers her abundant food and wants to spend on her and honour her, even if that is in order to honour her husband, then her heart may be inclined to someone else and she starts to look down on her husband. This is also included in this hadeeth. The wise man should be careful with regard to such matters, even if his intention is good. 
    He said: I did this several times; I put pressure on the woman who was angry with her husband, and I advised my family to leave her hungry, so that she would go back and would appreciate how blessed she was with her husband.
    End quote from Fayd al-Qadeer Sharh al-Jaami‘ al-Kabeer, 6/159 
    Fourthly: 
    If a person turns a woman against her husband and spoils her for him so that she leaves him, then he marries her, his marriage is not valid and they must be separated, according to the view favoured by Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). This is also the view of the Maalikis. For more information on the ruling on this issue and what is meant by turning a woman against her husband, please see the answer to question no. 84849
    Based on the above, if this man is the one who turned the woman against her husband, so that she would get divorced for his sake, it is not permissible for him to marry her, especially when he has committed zina with her. There is a difference of opinion concerning marriage of the zaani to the woman with whom he committed zina. In this case he has combined two evils: turning a woman against her husband and zina. 
    But if he is not the one who turned her against her husband, as appears to be the case from the question, and he only got to know her and meet her after she had left her husband and she had left his house, then his marriage to her is valid, if she has got divorced from her first husband, on condition that they both repent to Allah, may He be exalted, from what occurred between them. 
    And Allah knows best.

  • Q n A : She received a proposal from an engineer who works in a bank – should she accept?


    Q
    She received a proposal from an engineer who works in a bank – should she accept?


    A

    Praise be to Allah.
    A woman should be keen to choose a righteous husband who will
    fear Allaah with regard to her and will feed her and her children with
    halaal income and help them to avoid that which is haraam. 

    Hence we appreciate this question from you, as it indicates
    that you are concerned about this matter. We say: if the bank where this
    person works is a riba-based bank which markets and sells its apartments and
    buildings on the basis of riba, then it is not permissible to work there, or
    to help it with its projects in any way whatsoever. 

    Similarly, it is not permissible to work in building
    apartments or places for sin, such as leisure venues, places for gambling,
    riba based banks and the like. 

    It is on this basis that this suitor should be accepted or
    rejected. If his work is permissible and he is religiously committed and of
    good character, then accept him. But if his work is haraam or he is not
    religiously committed and of good character, then do not accept him, because
    marrying him will result in harm that will affect you and your children. 

    We ask Allaah for guidance. 

    And Allaah knows best.

  • Q n A : Is Divorce in Anger Valid?


    Q
    Is Divorce in Anger Valid?


    A

    Praise be to Allah.Is divorce in anger valid?
    If the anger reached a level where the individual did not know what he was saying, or it was extreme anger that made him issue the divorce , and were it not for the anger he would not have issued the divorce, then it does not count as a divorce . 
    Does triple divorce count as one divorce?
    The jurists differed concerning the threefold divorce , and the most correct opinion is that it counts as one divorce , whether it was uttered in a single phrase, such as saying “you are thrice divorced”, or it was uttered in separate phrases such as saying, “you are divorced, you are divorced, you are divorced.” 
    By the same token, if he issued a divorce then he repeated it during the `Iddah, the divorce before taking her back is part of the first divorce, because it only happens once, and divorce can only happen again after a marriage contract or after taking the wife back. 
    Do you need witnesses for divorce?
    It is not essential or obligatory to have witnesses to the divorce. If a man utters the word of divorce, then divorce has taken place, even if it is in the absence of the wife or no one else was present. The same applies if he writes the word of divorce in a message or on a piece of paper with the intention of divorce; divorce has taken place in this case. 
    It was narrated that there was scholarly consensus that it is not essential to have witnesses to divorce. 
    Ash-Shawkani (may Allah have mercy on him) said concerning the issue of having witnesses to taking the wife back: 
    “Among the evidence that it is not essential is the fact that there was scholarly consensus that it is not essential to have witnesses to divorce, as was narrated by Al-Muwazi‘i in Taysir Al-Bayan. And taking back the wife is of a similar nature, so it (having witnesses) is not essential in that case as it is not essential in the case of divorce.” (Nayl Al-Awtar, 6/300) 
    Allah has enjoined having witnesses to divorce and taking back the wife in the verse in which He says (interpretation of the meaning):
    “Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you (Muslims),” [At-Talaq 65:2]
    This command is by way of recommendation and preference according to the majority of jurists. 
    Abu Dawud (2188) narrated that `Imran ibn Husayn (may Allah be pleased with him) was asked about a man who divorced his wife, then had intercourse with her but he had not called witnesses to the divorce or to his taking her back, and he said: Your divorce was not in accordance with the Sunnah and your taking her back was not in accordance with the Sunnah; bring witnesses to the divorce and to taking her back, and do not do (this mistake) again. It was classed as authentic by Al-Albani in Sahih Abu Dawud. 
    It may also be understood as meaning that it is recommended to have witnesses. 
    The words “bring witnesses to the divorce and to taking her back, and do not do (this mistake) again” indicate that witnessing divorce or taking back the wife may come after the fact, hence he told him to bring witnesses to both even though they had happened previously. 
    Shaykh `Abd Al-Muhsin Al-`Abbad (may Allah preserve him) said: 
    “This indicates that witnessing may come later and that it does not have to be at the time of the divorce or at the time of taking the wife back; rather a man may issue a divorce and then have it witnessed or he may take back his wife and then have it witnessed. And the taking back may be in the form of intercourse, because if a man has intercourse with his divorced wife during her ‘Iddah, that constitutes taking her back. Or it may be done verbally, but having it witnessed is required so that it will be known that the divorce has ended with the taking back. And the same applies to divorce.” (Sharh Sunan Abu Dawud) 
    To sum up, your divorce issued in the state of extreme anger does not count as such, and the threefold divorce counts as one divorce; it is not essential to have divorce witnessed and the same applies to taking the wife back. 
    We advise you to be careful and avoid using the word divorce (Talaq) altogether. 
    And Allah knows best.

  • Q n A : Ruling on Caesarean births


    Q
    Ruling on Caesarean births


    A

    Praise be to Allah.Firstly: 
    Caesarean section is an operation in which the abdomen is cut in order to bring the child out of the mother. It is said that it is so called after Julius Caesar, because he was the first one to be born in this manner, when his mother died during labour, after which the doctor cut open her stomach and brought him out of her, and Caesar lived to become the emperor of Rome. 
    Secondly:
    Natural childbirth is better for the mother, but this does not mean that Caesarean section should not be used when necessary. Among such cases of necessity are: when the placenta is in the lower part of the uterus (placenta praevia), when the foetus is deprived of oxygen, when there are tumours in the pelvis, when there is high blood pressure, when there is haemorrhaging that threatens the life of the mother and baby, when there are conjoined (“Siamese”) twins, when the foetus is abnormally large, and other cases of necessity where Caesarean section is indicated. This is one of the great blessings of Allah, an example of His mercy towards His creation. 
    Many doctors take the matter of resorting to Caesarean section lightly, because they want to earn more money or because they cannot be patient with the mother during natural childbirth. Some women ask for this surgery in order to preserve the gracefulness of their bodies or so as to avoid the pain of childbirth. 
    Undoubtedly doing this leads to the loss of numerous benefits, and also has effects on the mother and on future births, as referred to by the brother in his question. 
    Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said: 
    I would like to take this opportunity to point out a phenomenon that has been mentioned to us, which is that many obstetricians, male and female, in the hospitals are too keen for birth to take place by surgical means, which is known as a Caesarean. I am afraid that this may be a plot against the Muslims, because the more births take place in this manner, the more the skin of the abdomen is weakened and pregnancy becomes more dangerous for the woman, and she becomes unable to get pregnant. Some of the people who work in private hospitals have told me that many women come to the hospitals and their specialists tell them that there is no alternative to a caesarean,  then they go to this private hospital and give birth naturally. He mentioned that there were about eighty such cases in one month. This means that the issue is serious, and attention must be drawn to it. It should be noted that in this case some pain and exhaustion is inevitable. 
    “His mother bears him with hardship. And she brings him forth with hardship” [al-Ahqaaf 46:15]
    It is not something to be done as soon as the woman feels a contraction, so that she may avoid pain. Natural childbirth is better than a caesarean. End quote. 
    Liqaa’aat al-Baab il-Maftoohah (2/question no. 42). 
    The Shaykh (may Allah have mercy on him) was also asked: 
    Allah says in Soorat ‘Abasa (interpretation of the meaning): 
    “Then He makes the Path easy for him” [‘Abasa 80:20]
    So Allah guarantees to make it easy for this newborn. Many men and women have noticed that there is haste in performing caesarean sections. Is this a sign of weak trust in Allah, may He be glorified and exalted? 
    He replied: 
    I think that this method which people use nowadays when the woman feels the contractions and goes to the hospital, and they do a caesarean section for her, I think that this is inspired by the shaytaan, and that the harm caused is far greater than any benefits, because a woman is bound to feel pain when in labour, but this pain has a number of benefits: 
    1 – It is an expiation for sin 
    2 – It raises her in status if she is patient and seeks reward. 
    3 – The woman understands the extent of the pain suffered by other mothers. 
    4 – She will appreciate the extent of the blessing of good health that Allah bestows on her. 
    5 – It will increase her love towards her child, because the more difficult it is to attain something, the dearer it becomes. 
    6 – If the child is born by via the usual, well-known route, this is better for him and the woman. 
    7 – Damage may be expected from this surgery, because this operation weakens the wall of the uterus etc, which may tear. And it may be successful or unsuccessful. 
    8 – The woman who gets used to having caesareans is unlikely to give birth in the natural manner, because that is not possible, and there is the risk that the site of the surgery may rupture.
    9 – Having surgery results in having fewer children, because if the abdomen is cut three times in different places, it becomes weak and future pregnancy becomes dangerous. 
    10 – This is a kind of luxury, and luxury is a thing that leads to doom, as Allah says (interpretation of the meaning):  
    “Verily, before that, they indulged in luxury…” [al-Waaqi’ah 56:45]
    Women should be patient and seek reward, and should continue to give birth in the natural way, because that is better for them in this world and in the Hereafter. Men should also pay attention to this issue, for we do not know, perhaps our enemies are the ones who have made these operations easy for us so that we will lose these benefits and be subject to these losses. 
    Question: What is meant by luxury? 
    Answer: Luxury includes avoiding the natural pain of childbirth. This is a kind of luxury. If luxury does not help one to obey Allah, then it is either blameworthy or at the very least permissible. 
    Liqaa’aat al-Baab il-Maftooh (86/question no. 17). 
    To sum up: Caesarean section should not be resorted to except in cases of necessity, when natural childbirth is not possible, or it poses a danger to the mother or the child. 
    And Allah knows best.