Fathwa, - She was sexually abused by her married brother

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Question
Asalamualikum wa rehmatullahi wa barakatu, My question is regarding my friend @ age 14 her brother who was 26 yrs old started acting wierd with her. He started to touch her in wrong places forcefully and kept on bothering her. she out of fear didnt tell anybody. He kept on telling her it was ok in Islam even though he was married with one baby. Now he is 31 and she is 18 he kept it up for 4 yrs though she didnt live with him in between she got used to it thinking it was ok or mabey out of love. They didnt have sexual intercourse but they did rub their bodies together and kissed. The girl was baligh @ the beggining of all of this. the girl is married now and they dont do anything anymore she has asked Allah for forgiveness and swears that she felt guilty the whole time. IS this counted as Zina what r islamic rulings and views on this. Though this kind of love is out of question. what r the punishments. Is the guys wife haram on him? Is it both of theirs fault?please advise with knowledge of deen so that i may advise my friend with wisdom. Jazakhallahukhair salam
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 that brother really did that with his sister, then this is a great sin and a great evil, because how could a Muslim do such a thing with his sister while he is the one who should protect her honor and not the one who would violate it?
There is no doubt that they are both sinful but the one amongst them who did not know that this was a sin would be excused. However, both of them should be careful not to do such things in the future.
Moreover, if this sister finds something suspicious of her brother, then she should treat him as a non-Mahram man, in which case, she should not allow him to be in seclusion with her.
In any case, those acts )that this brother did with his sister( are not considered Zina )fornication or adultery( that necessitates Hadd )i.e. the corporal punishment determined by the Islamic Law(; but the Sharee’ah called it Zina in order to show its seriousness and drive people away from it, and clarify that it is a means that leads to real Zina.
However, the wife of the brother does not become forbidden for him because of what he did with his sister, but the fact remains that both the brother and the sister are partners in crime because she did that with him with her consent.
Allaah Knows best.

- PUBLISHED by"NajimudeeN_M-INDIA"

Fathwa, - A daughter accusing her father of sexual abuse

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Question
A 14 yr old girl has accused her father of sexually abuse since the age of 9 and also of rape. The mother of the girl says the father has admitted the abuse but not the rape. The father is now flatly denying that anything happened and says the mother has misunderstood what he said. The girl is still adamant that it all took place and by the way the man is on bail. How would this be dealt with according to Islamic law?
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 an abominable sin that a father sexually abuses his daughter and it is even more abominable if he rapes her. If he does so with any girl, it is strictly forbidden, let alone him doing so with his own daughter.
However, it is not permissible to accuse the father of rape without evidence. Indeed, the Sharee’ah put some special conditions for proving Zina )fornication or adultery( that are not required in case of other crimes. The crime of Zina is not confirmed except if the fornicator admits it, or with the testimony of four trustworthy men, while the testimony of women is not accepted.
Hence, the statement of this girl or the statement of her mother in itself does not Islamically prove anything against the father, especially that the latter denies it.
Therefore, if this daughter has no evidence to prove that her accusations are true, she should not have claimed that she was raped by her father and she should not have taken him to the court. But if what she says is true, then she has the right to ask for protection from him even by taking him to the court so that he would not continue committing this evil or practice more sinful acts with her. In this case, she would claim his dissoluteness and her fear of his evil so that she will be kept apart from him.
Allaah Knows best.

- PUBLISHED by"NajimudeeN_M-INDIA"

Fathwa, - Precautions and rulings in tracing back a child to its father in case of fornication

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Question
My question is I was raped in side my house I was too scared to tell my husband .The offender blackmailed and threatened to harm my family if I don’t do as he says. He introduced me to his wife and his kids we were good friends we spent a lot time together . I husband tried to stop this but I can with many excuses hoping allah will make a miracle and this will stop. I have a one month baby from the offender and I husband is aware but says if every one repents allah is merciful. He said No one should know about this even the child it will effect my kids and his kids. His wife doesn’t know about this we need to coneil it The problem is the offender calls every day checking about his child. My husband told him this is harram the child will carry my surname and the offender should look after his family and forget he has a child The offender wants to look after his child and wants me to leave my family Or wants to call my house every day and wants to see his child once a week Please help
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 Sharee’ah )Islamic legislation( favors taking precautions in the issue of tracing back a child to its father, so it traces the child back to the husband on whose bed it was born, as we clarified in Fatwa 132410. Therefore, this child is Islamically traced back to your husband and in principle he )this child( has no relation with the fornicator. Thus, the fornicator has no right in what you mentioned, which is in regard to taking care of him or seeing him and the like. Indeed, you are obliged to break any relationship with him, as he is a non-Mahram )marriageable( to you, so you should not let him speak with you and you should not respond to his request to leave your family.
On the other hand, your husband should be firm in dealing with that man and not address him with terms which suggest some weakness; this may be the reason why he dares to treat you in that way. In addition to this, your husband appears to be a cuckold and this is a dispraised and hated matter in the sight of Allaah The Almighty. The Prophetsaid: "There are three kinds of people who will not enter Paradise: a person who is addicted to intoxicants, a person who cuts ties with his parents, and the cuckold who approves vicious acts done by his wife." ]Ahmad[ Al-Misbaah Al-Muneer reads, “A cuckold is a man who does not have any jealousy about his wife.” Furthermore, the Encyclopedia of Fiqh reads, “The word cuckold is defined with close terms which have the same meaning that is not different than the literary meaning, which is not being jealous about one’s wife and one’s female relatives.”
To conclude, both you and your husband are very lenient in dealing with that man –as we understood from the question – so, if this is the case, this is what induced him to deal with you in that manner and consider both of you puppets in his hands. Giving excuses of being threatened and the like is not an acceptable reason. What prevents your husband from threatening to take this matter to the authorities so that they would deter him and prevent him from what he is doing?
We hope that it is not the fact of being lenient that led that man to rape you. In general, such rape does not happen except with the occurrence of some reasons that lead to it, like being in forbidden seclusion with that man and mixing with him, so you are obliged to repent from what you did and not do this again in the future.
Allaah Knows best.

- PUBLISHED by"NajimudeeN_M-INDIA"