Monday, November 4, 2013

Fathwa, - The so-called Jihaad An-Nikaah has no basis inIslam

Question
ASSALAMUALIKUM WA RAHMATULLAHUI WA BARKATAHU RESPECTED SIR, WHAT IS
JIHAD AL NIKHA ? I CAME TO KNOW THAT THIS NIKAH IS DONE IN THE PERIOD
OF JIHAD AND THE GIRL HAVE EXTRAMARITAL SEXUAL RELATIONSHIP WITH
MULTIPLE PARTNERS AND HAVING CHILDRENS. IS THIS SYSTEM OF NIKAH
ALLOWED IN ISLAM . 2. WHAT IS MISIYAR ? THIS SYSTEM IS SAME AS MUTHA
PLEASE DESCRIBE. JAZAK ALLAH KHAIR
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
The term "Jihaad An-Nikaah" has no basis in Islam. We think that it
cannot be used to refer to those to whom it is attributed. Rather, it
is a completely false accusation, aiming to distort the image of the
religious Muslims and to slander them.
According tothose who use that term, it means that the unmarried
fighters or those who are married among them but are unable to meet
their wives, conclude a marriage contract with girls or divorced women
for a short time that sometimes does not go beyond an hour after which
divorce takes place; to give another fighter a chance to marry and of
course this is absolutely not permissible. That is because it is like
Nikaah al-Mut'ah )temporary marriage( that Islam has prohibited and
some scholars reported the consensus of Muslim scholars on prohibiting
it.
As for Misyaar marriage, it is an Islamic marriage that fulfills the
conditions of a valid marriage such as the presence of a guardian,
witnesses and the like with the exception that the woman willingly
renounces some of her rights. This does not affect the validity of the
marriage contract. It has nothing to do with Nikaah al-Mut'ah which is
a temporary marriage whose period is specified in advance, such as if
a man marries a woman for a month or the like.
Allaah Knows best.

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