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Monday, December 23, 2013

Fathwa, - His wife and son have regular incestuous relations together


















Question
Respected Sheikh, I am a man in my late sixties and recently discovered that my 33 year old wife has regular incestuous relations with my 17 years old son. When I confronted them they denied it, but one day I came home unexpectedly and found them in the act. They repented and promised not to do it again. I am devastated and don’t know what to do. I beg you to tell me in the light of the Quran and hadith what course of actions I shall take.
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 Muhammadis His slave and Messenger.
If what you mentioned in the question about your wife and your son is true, then they have committed an abominable and obnoxious sin, as Zina )fornication or adultery( is a grave major sin. This sin is even graver when it happens between the Mahaarim )unmarriageable relatives( as your wife is eternally forbidden to your son )for marriage(. Allaah says )what means(: }And do not marry those ]women[ whom your fathers married, except what has already occurred. Indeed, it was an immorality and hateful ]to Allaah[ and was evil as a way.{]Quran 4:22[ However, if they had both truly repented, then they did well.
Now, if your wife becomes righteous and shows good conduct, then you should keep her and have good marital relations with her and do not hold her accountable for what she had done, but you are obligated not to have sexual relations with her until you make sure that she is not pregnant from Zina by the passing of one menstrual period.
Also, you should be keen on disciplining both of your wife and son and teaching them the matters of their religion as what they did is mostly due to ignorance and negligence. Allaah says )what means(: }O you who have believed, protect yourselves and your families from a Fire whose fuel is people and stones, over which are ]appointed[ angels, harsh and severe; they do not disobey Allaah in what He commands them but do what they are commanded.{]Quran 66:6[Ibn ‘Abbaassaid )while interpreting the above verse(: “That is to say to discipline them and teach them.”
On the other hand, if you are suspicious about your son in the future, then you should take the matter firmly in hand and prevent him from being in seclusion with your wife and prevent her from appearing in his presence without Hijaab. Likewise, if you are suspicious about your wife, then there is no good in keeping her as your wife; rather you should divorce her so that she would not contaminate your bed and give birth to children who are not from you.
Finally, it should be noted that committing Zina is generally due to being lenient in matters that lead to it, like a woman appearing in front of men )other than her husband( in an inappropriate manner, like wearing revealing clothes and so forth. So, one should be careful about this.
Allaah Knows best.





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Fathwa, - A wife leaving her house to escape her husband’s abuse

















Question
Aslaam o Allaikum Sheikh, let me describe the situation first. One husband is very abusive, he alway torures his wife physically & mentally )beating wife very severly that even sometimes the wife gets bone fractures( and very often he didn't give his wife anything to eat for days. this is the matter from last 15 years. Now the wife has decided to have KHULAH )divorce( from her abusive husband and she has left her husband's house alongwith her 14 years old son and 11 years old daughter without telling him or his permission. The case has been already filed in the court for divorce against her husband. For the inner satisfaction, the lady is asking the religious view on her action what she did as mentioned above. specially on leaving her husband's house without his permission with the kids with kid's agreement. your kind urgent anser will be highly appriciated. Ma' Salaam.
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 Muhammadis His slave and Messenger.
If what you mentioned in the question is really true that this husband has beaten his wife severely and that he used to harm her, then he is a transgressor and an unjust and a very sinful person. That is because beating the wife has some Sharee’ah conditions which one must not transgress. Indeed, we have issued Fatwa 84120clarifying these conditions, so please refer to it.
Without doubt, such a mistreatment from a husband to his wife is a clear injustice and an evident transgression. For more benefit on the obligation of having marital relations with one’s wife according to reasonable terms, please refer to Fataawa 88304and 86618.
As regards this wife going out of her husband’s home out of fear of his abuse and as a way of repelling his harm, then it is permissible for her to do so and she is not considered as a disobedient or rebellious wife by doing so, as she went out while having a sound reason. For more benefit, please refer to Fatwa 91788.
With regard to seeking the permission of the children, then this does not have any effect on the permissibility or prohibition ]of her leaving home without her husband’s permission[.
Hence, since this woman is harmed by staying with her husband, she has the right to ask for divorce even with compensation that she pays to him and this is what is called Khul’ as we clarified in 89039.
However, it is not permissible for a husband whose wife seeks Khul’ from him due to such harm to take compensation from her.
Allaah Knows best.






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Fathwa, - How children deal with domestic violence



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Question
Assalaam alaykum wa rahmatullahi wa barakaatuh. What the children are allowed to do in the case of domestic violence? For example if the father would have a habit of beating his children )for no reason( so hard that sometimes he breaks their bones or makes them bleed? Are the children allowed to take the case to the authorities? Or move to live somewhere else if possible, like to relatives house? Jazakumullahu khayran.
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 Muhammadis His slave and Messenger.
It is not permissible for the father to physically abuse any of his family members. Although he has the authority to discipline his wife and children, there are guidelines for that in Islam, which we have clarified in Fatwa 85764.
If a father is abusive, he should be advised and reminded that Allaah has more power over him than he has over others, as this may deter him.
It is a good idea to seek the help of some righteous and pious people in this regard. If he takes heed, then praise be to Allaah; otherwise, one may take action to protect himself from harm, like going to live with a relative, if the relative is trustworthy. It is also permissible to report him to the authorities if necessary. It was reported in a Hadeeth byMa’n ibn Yazeed ibn Al-Akhnasthat he took a matter of dispute with his father to the Prophet.]Al-Bukhaari[
Reporting one's father does not mean that one is undutiful to him.Ibn Hajar“This Hadeeth is evidence that it is permissible for a father and his son to seek arbitration, and that this, in itself, is not considered undutifulness.”
Allaah Knows best.





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