Fathwa, - Her husband did not tell his new wife that he can not have children

Question
Im first wife of my husband and i know he can not have children,he
told me about this before merryd,its also confirmed by doctors.He got
merry second time but he didnt inform her that he can not have
children.I feel in some way quilty that i am aware of my situation and
she doesnt know anything and have hope that he will give her
children.I feel sorry for her much more because she is very young and
would have chance to have happy life whit children and in my opinion
my husband cheated on her,dont telling the true about his healt
condition before merryd her.Do i should inform her about this?Will it
be sin for me if i tell her?I told my husband that she should know and
he should inform her but he doesnt want to do it.I think he doesnt
want to tell her because if she knew she would never merryd him.
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.
If the matter is as you mentioned that doctors confirmed that your
husband could not have children, it was obligatory for him to inform
his second wife of that before marrying her because concealing this
from her is considered cheating. For further information, see Fatwa
87814.
Nevertheless, you should not tell her about that because she may be
contented with living with him even without having children. Besides,
it should be noted that some scholars are of the opinion that it is
not obligatory for the husband to inform his wife of his infertility
as long as he is able to have sexual intercourse. This is a strong
opinion.
Allaah Knows best.

Fathwa, - Married while concealinghis disease from his wife and her guardian

Question
A man with untreateable desease went to a girl gurdian to propose
marriage to the girl. Though he know about his desease He did not
disclose to the gurdian that he is ill after marrying the girl catch
the desease and they get divorced 1( What is fatwa on this marriage
taking into account gurdian was not given information so that he can
take appropriate decision about the proposal.. 2( Is the guardian has
right to be informed before he give consent to marriage 3( Is marriage
nul ?
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.
With regard to the marriage contract, if it took place fulfilling the
conditions for the validity of a marriage contract, then it is a
correct marriage; for more benefit on these conditions, please refer
to Fatwa 83629.
As regards this disease, if it is a repulsive or contagious disease
like leprosy, or is a disease that is dangerous and which may be
transmitted to the spouse, or children, like AIDS and the like, then
it is not permissible to conceal such diseases from the girl or her
guardian. In this case, the other party has the right to invalidate
the marriage if they did not know about it and they did not agree to
it after they had come to know about it. Since divorce had already
taken place, then the matter is finished and this woman deserves the
rights of a divorced woman.
As regards the diseases that are not repulsive and which can be
treated medically, then one may conceal them from the other party, but
it is better to inform about it.
Allaah Knows best.

Social Concerns, - Regulations of Woman’s Work outside the Home - I

Share ::-

:->











Islam did not order women to work in the fields of public life for the sake of material gain. But at the same time, it does not forbid her from working. Hence, the matter is basically permissible but it is subject to the conditions which are derived from the Sharee'ah )Islamic legislation( texts and Sharee'ah goals which permit bringing about benefit and warding off harm.
The woman is the twin half of man and his sister, and her life with man is a joint life whereby, together they face the circumstances of life and are subject to the laws of the universe.
The woman might, out of need and necessity, work outside her home. The society may need a woman to work outside her home. When that happens, the woman who believes in Allaah The Almighty as a Lord and in Muhammad as a Prophet and Messenger of Allaah should bind herself by the rulings of Sharee'ah so that she would be rewarded for her act in the hereafter along with the worldly gains. Allaah The Almighty Says )what means(:}And their Lord responded to them, "Never will I allow to be lost the work of ]any[ worker among you, whether male or female; you are of one another…{]Quran 3:195[
These conditions are as follows:
First: The work must be permissible under Sharee'ah
The work must not be unlawful that results in sins.
Some work outside the home may reach the level of individual or collective obligation. When the Ummah )Muslim nation( needs a certain woman to perform a certain job, then, it is an individual obligation upon her to perform it. When the Ummah needs a certain group of women, then, it is a collective obligation upon them to perform it. The permissible ruling of woman’s work applies in the fields of teaching, medicine, nursing, Hisbah )verification( among women, Athaan )call for prayer( and Iqaamah )second call for prayer( for women, leading women in prayer, women police, and so on.
All these jobs are permissible and the ruling is supported by evidence from the Quran, the Sunnah )Prophetic tradition(, traditions, reason and the texts of the Imaams of Fiqh )Islamic jurisprudence(.
Second: Going outside the home for work should be out of personal need or society’s need
Allaah The Almighty ordered the wives of the Prophet, sallallaahu ‘alayhi wa sallam, to abide in their homes and the women of the Ummah follow them in this ruling. Allaah The Almighty Says )what means(:}And abide in your houses and do not display yourselves as ]was[ the display of the former times of ignorance.{]Quran 33:33[
This verse came in the context of a series of etiquettes that Allaah The Almighty enjoined upon the pure, chaste wives of the Prophet, sallallaahu ‘alayhi wa sallam. The women of the Ummah follow the example of the wives of the Prophet, sallallaahu ‘alayhi wa sallam, in such etiquettes. In his commentary on this verse, Ibn Katheer, may Allaah have mercy upon him, said, “These are etiquettes which Allaah The Almighty enjoined upon the wives of the Prophet, sallallaahu ‘alayhi wa sallam; and the women of the Ummah follow them in that.”
Accordingly, this verse orders the wives of the Prophet, sallallaahu ‘alayhi wa sallam, and Muslim women in general, to abide in their homes and not to go outside their homes as long as there is no need. Ibn Katheer, may Allaah have mercy upon him, said that“}And abide in your houses{means to stay in their homes and not to go outside them without any need to do so.” Scholars of Fiqh stated that it is permissible for a woman to go outside her home for a need. They said that if she does so even without the permission of her husband, this is not considered arrogant as long as her husband does not provide her with her necessary needs.
Scholars of Fiqh supported their opinion with evidence from the Sunnah and reason. ‘Aa’ishah, may Allaah be pleased with her, said that the Prophet, sallallaahu ‘alayhi wa sallam, said, addressing women:“Permission has been granted to you that you may go out for your needs.”]Al-Bukhaari, Muslim and Ahmad[ This Hadeeth )narration( denotes that there is no objection that the woman goes out to fulfill a need as it is permissible under Sharee'ah.
‘Abdullaah bin ‘Umar, may Allaah be pleased with him, said that the Prophet, sallallaahu ‘alayhi wa sallam, said:“If any of the women seeks permission )to go outside her home(, the husband should not prevent her.”]Al-Bukhaari, Muslim, Abu Daawood, At-Tirmithi, An-Nasaa’i, Ibn Maajah and Ahmad[ This Hadeeth indicates that women should not be prevented from going out for a need whether it is to the mosque or anywhere else. In Irshaad As-Saari, it is stated, “There is no confinement in the Hadeeth to going to the mosque only. Rather, it is an unrestricted permission that includes going out to places of worship or any other place.”
It is stated in ‘Umdat Al-Qaari, “This Hadeeth indicates a general meaning including whatever the woman goes outside her home to do whether to mosques or other places; such as going to celebrate ‘Eed or visiting the grave of a relative. Hence, if husbands give their wives permission to go out for general permissible matters; then, it is worthier to give them permission to go out for the sake of obligatory or recommended matters; such as giving testimony, performing Hajj, visiting their parents and Mahram )non-marriageable( relatives, and so on.”
‘Aa’ishah, may Allaah be pleased with her, said that she prepared the bride of a man from the Ansaar and the Prophet, sallallaahu ‘alayhi wa sallam, said:“O ‘Aa’ishah! You did not have any means of amusement )at the wedding(? The Ansaar like amusement.”]Al-Bukhaari[ This Hadeeth indicates that it is permissible for the woman to go out to attend the wedding of another woman. The Prophet, sallallaahu ‘alayhi wa sallam, approved the act of ‘Aa’ishah, may Allaah be pleased with her, and other women who attended the wedding with her.
Evidence from reason is that preventing women from going outside her home for a need results in hardship and the Quranic rule so clearly states that}He has not placed upon you in the religion any difficulty.{The need might be the person’s need or the society’s need. In both cases, it is permissible for her to go outside her home. Perhaps, the woman does not need to work, but society needs her to teach those who need her experience or to nurse and treat those who need her nursing and treatment, or similar needs of the society. In these cases, it is permissible for the woman to go outside her home. Ibn Al-Qayyim, may Allaah have mercy upon him, mentioned, “It is permissible for the ruler to compel artisans and professionals to work in return for a fair market wage if they declined to work and people need their work, industries and crafts.”

- PUBLISHERNajimudeeN M

Social Concerns, - Regulations of Woman’s Work outside the Home - II

Share ::-

:->










Third: The permission of the husband or the guardian
The permission of the husband or the guardian of the woman must be obtained before going outside her home to do permissible work, because they are responsible for her before Allah The Almighty. Imaam Ash-Shaafi‘i, may Allah have mercy upon him, said, “If the woman is able to perform Hajj, her husband or her guardian has the right to prevent her as long as she has not yet assumed Ihraam )sacral state( and intended to perform Hajj.” He also said, “If the girl becomes mature and has the physical and financial ability to perform Hajj and her guardian or husband wishes to prevent her )owing to a potential harm or an outweighing benefit(, he has the right to do so as long as she has not yet put on Ihraam.”
If this is the case regarding the obligatory Hajj, what about non-obligatory acts like permissible work? Scholars supported their opinion of stipulating the husband’s or guardian’s permission by the verse in which Allah The Almighty Says )what means(:}O you who have believed, protect yourselves and your families from a Hell whose fuel is people and stones{]Quran 66:6[
Allah The Almighty made it obligatory upon believers to protect themselves and their families from Hell. Therefore, it becomes obligatory upon the husband or the guardian to protect those people whom Allah The Almighty charged him with their responsibility, and they in turn have to obey him. In his commentary on the aforementioned verse, Qataadah, may Allah have mercy upon him, said, “You should order them to obey Allah The Almighty and forbid them from disobeying Him, take care of them according to the Order of Allah, command them to follow the orders of Allah The Almighty, help them to follow it, and if you see them disobeying Allah The Almighty, then, you should scold them and deter them from doing so.”
Scholars further supported their opinion with evidence from the Sunnah )Prophetic tradition(. Ibn ‘Umar, may Allah be pleased with him, said that the Messenger of Allah, sallAllahu ‘alayhi wa sallam, said:“Surely! Everyone of you is a guardian and is responsible for his charges: The Imaam )ruler( of the people is a guardian and is responsible for his charges; the man is a guardian of his family )household( and is responsible for his charges; the woman is a guardian in her husband's home and is responsible for her charges; and the slave is a guardian of his master's property and is responsible for his charges. Surely, every one of you is a guardian and responsible for his charges.”]Al-Bukhaari, Muslim, Abu Daawood, At-Tirmithi and Ahmad[
In this Hadeeth )narration(, the Prophet, sallAllahu ‘alayhi wa sallam, clarified that Allah The Almighty will ask every guardian about what He charged him with, whether he preserved his charges or wasted them. Accordingly, the guardian has rights and duties. Some of his rights are to be obeyed as long as he does not order disobedience and to act upon his advice. Hence, if the woman wants to work, she has to seek the permission of her husband or guardian because he is responsible for her before Allah The Almighty.
Fourth: Fulfilling the rights of the husband and children
The work of the woman should not hinder her from her basic mission of being a wife and a mother. Accordingly, the permissible work could become impermissible if it results in the loss of greater benefit. The need of the Ummah )Muslim nation( for the role of the wife and mother is greater than its need for female workers who could be replaced by many men especially with the high rate of unemployment among men in Islamic countries.
Scholars of Fiqh )Islamic jurisprudence( state that one of the conditions of women’s work is that it does not involve negligence of the rights of her husband and children. They used a great deal of evidence to support this condition, including the following Hadeeth )narration(: ‘Abdullaah bin ‘Amr bin Al-‘Aas, may Allah be pleased with him, said, “The Messenger of Allah, sallAllahu ‘alayhi wa sallam, said to me:‘I have been informed that you pray all night and observe fast every day; is this true?’ I replied, ‘Yes.’ He said: ’If you do so, your eyes will become weak and you will get bored. Your body has a right over you and your wife has a right over you. So, fast and break your fast, pray at night and sleep.”]Al-Bukhaari, Muslim, Abu Daawood, At-Tirmithi, An-Nasaa’i, Ibn Maajah and Ahmad[ This Hadeeth indicates that there are rights upon the Muslim toward himself and his family. He has to fulfill these rights; otherwise, he would be considered negligent. Accordingly, when the woman works outside her home, she should not neglect the rights of her husband and children.
Fifth: Work that is suitable for the nature of the woman
Woman’s work should be suitable for her nature. The wisdom of Allah The Almighty necessitated that the woman should have a different nature to man. Modern medicine and the science of physiology point out the differences between man and woman and no one can ignore these differences except an obstinate person. Accordingly, the woman should not undertake jobs that are specific to men such as those which require muscle power, and so on.
The woman during the lifetime of the Prophet, sallAllahu ‘alayhi wa sallam, and in the three best generations used to undertake work that befitted her nature. For instance, ‘Aa’ishah, may Allah be pleased with her, was the most knowledgeable person and had the best knowledge of Fiqh and used to teach people during the lifetime and after the demise of the Prophet, sallAllahu ‘alayhi wa sallam.
Sixth: Adhering to the Sharee'ah-approved dress
Scholars of Fiqh stated the condition that when the woman works outside the home, she must adhere to the dress approved by the Sharee'ah )Islamic legislation( which covers her whole body. However, there is a difference among scholars whether her face and hands should be covered or not. The majority of scholars are of the opinion that these parts of the body are not part of the 'Awrah )parts of the body that must be covered(, yet, she must cover them in case of fearing Fitnah )trial(. One of the two opinions in the school of Imaam Ahmad ibn Hanbal, may Allah have mercy upon him, states that they are 'Awrah. The dress should not be an adornment in itself, or similar to men’s clothing, or like the dress of the disbelieving women. It should not be transparent and should be loose so that it would not outline her body. It is advisable to review a separate research on the dress of the Muslim woman called Libaas Al-Mar’ah Al-Muslimah by Al-Albaani, may Allah have mercy upon him.

- PUBLISHERNajimudeeN M

Social Concerns, - Regulations of Woman’s Work outside the Home - III

Share ::-

:->











Seventh: Not to wear perfume
When the woman works outside the home, she must not wear perfume or be scented with incense. Scholars of Fiqh )Islamic jurisprudence( stated this condition among the conditions of woman’s work outside her home. It is stated in Haashiyat Ad-Disooqi, “When women go outside their homes, they should not wear perfume or adorn themselves lest they tempt men.” In Al-Majmoo‘, An-Nawawi, may Allaah have mercy upon him, said, “When the woman wants to go to the mosque, it is disliked for her to wear perfume.” Ibn Qudaamah, may Allaah have mercy upon him, said in Al-Mughni, “It is recommended for them )women( to go out— meaning to go out to witness ‘Eed prayer— without wearing perfume.” Scholars of Fiqh supported this ruling with the following evidence:
Abu Hurayrah, may Allaah be pleased with him, said that the Prophet, sallallaahu ‘alayhi wa sallam, said:“Any woman who has scented herself with incense, let her not attend ‘Ishaa’ )night( prayer with us.”]Muslim, Ahmad and An-Nasaa’i[
Another narration states that Abu Hurayrah, may Allaah be pleased with him, met a woman and he found the scent of perfume on her. Her clothes were fluttering in the breeze. He said, ‘O servant of The Almighty, are you coming from the mosque?’ She replied, ‘Yes.’ He said, ‘For it did you use perfume?’ She replied, ‘Yes.’ He said, ‘I heard my beloved; Abul-Qaasim, sallallaahu ‘alayhi wa sallam, saying:‘The prayer of a woman who uses perfume for this mosque is not accepted until she returns and makes Ghusl )ritual bath( like that of Janaabah )sexual impurity(.’”
This Hadeeth )narration( indicates that it is impermissible for the woman to wear perfume or to scent herself with incense when she goes out. If she does so, then, she is disobedient even if she is going to the mosque. Her prayer in such a state is not accepted until she returns home and performs Ghusl. So, what about wearing perfume when the woman goes to any other place which would be beneath the mosque in rank? Undoubtedly, it is more prohibited, and the prohibition of wearing perfume and exposure to incense is established explicitly in the aforementioned Hadeeth.
Abu Moosa Al-Ash‘ari, may Allaah be pleased with him, said that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:“Any woman who wears perfume, goes out and passes by people so that they can smell her fragrance, is an adulteress.”]Abu Daawood, An-Nasaa’i and Ahmad )Al-Albaani: Saheeh([ This Hadeeth clarifies that the woman should not wear perfume and then go out before men. The Prophet, sallallaahu ‘alayhi wa sallam, strongly warned of this act by describing her as an adulteress because she is a reason for drawing men’s attention to her and leading them to commit the Zina )adultery( of the eye. She is described with adultery because she is the motive behind it by leading men to look at her. This Hadeeth expresses severe prohibition of the woman’s going outside her home while she is wearing perfume. Ibn ‘Umar, may Allaah be pleased with him, said that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:“Do not prevent the female servants of Allaah from the mosques of Allaah, and they are to go out unperfumed.”]Al-Bukhaari, Muslim, Abu Daawood, At-Tirmithi, An-Nasaa’i, Ibn Maajah and Ahmad[
This Hadeeth prohibits the woman from doing anything that arouses desire whether it is perfume or anything else like it. Since the woman is prohibited from wearing perfume when she wants to go to the mosque which is a place of worship and obedience, then, it is worthier to avoid this act when she goes out for any other reason.
Eighth: Walking decently
Allaah The Almighty Says )what means(:}And do not display yourselves as ]was[ the display of the former times of ignorance.{]Quran 33:33[ This verse warns women about displaying their adornments as the women used to do in the pre-Islamic era. Qataadah, may Allaah have mercy upon him, said, “They )women in pre-Islamic era( used to walk with an indecent twisting gait. Allaah The Almighty prohibited this.”
Ninth: No fear of Fitnah )temptations(
When the woman goes out of her home to do permissible work, there should be no fear of the occurrence of temptation on the way or at the workplace, so that it is sure that she would not tempt or be tempted. If it is feared that she may tempt non-Mahram )marriageable( men or she herself may be tempted, then, it is impermissible for her to work outside the home in this case. Therefore, some scholars disliked young women going outside the home because they feared the occurrence of temptations. Scholars supported this condition by the Hadeeth of Usaamah ibn Zayd, may Allaah be pleased with him, where the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:“I am not leaving behind me a more harmful Fitnah for men than women.”]Al-Bukhaari, Muslim, At-Tirmithi, Ibn Maajah and Ahmad[ The Prophet, sallallaahu ‘alayhi wa sallam, pointed out that the temptation of women is the most harmful temptation for men. Men must not be tempted by women and women must avoid the means of tempting men. The woman, for example, should not wear transparent or attractive clothes if she has to go out to work.
It should be noted that bashfulness is affected and the eyes gradually become familiar with previously disapproved matters. Abu Hurayrah, may Allaah be pleased with him, said that the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:“Two types of the denizens of Hell that I have not yet seen: women who will be dressed but appear to be naked, inviting to evil; and they themselves will be inclined to it. Their heads will appear like the humps of the Bactrian camel inclined to one side. They will not enter Paradise and they will not smell its fragrance which is perceptible from such and such a distance...”]Muslim[
Tenth: No meeting in seclusion or intermixing with men
When the woman goes outside the home for permissible work, there should be no seclusion with non-Mahram men or intermixing with men. If this happens, it means that she replaces man in work that might be done more efficiently by man and she is appointed in these places either out of courtesy, nepotism, showing off the state of being civilized or following the course of the West and those who imitate it. This matter leads to the spread of unemployment among men who are the breadwinners of the family. It is rare that the woman’s work supports a family because the man is still the one in charge and he is responsible for supporting the family. Scholars stated that intermixing between the sexes is unlawful, and that the woman, when she works outside her home, should not crowd with men. Scholars of Fiqh support the impermissibility of intermixing between the sexes by the Hadeeth )narration( of Ibn ‘Abbaas, may Allaah be pleased with him, where the Prophet, sallallaahu ‘alayhi wa sallam, said:“Let there be no )non-Mahram( man in seclusion with a woman.”]Al-Bukhaari, Ibn Maajah and Ahmad[ This Hadeeth points out that it is impermissible for the non-Mahram man to be in seclusion with a woman because this gives way to the devil.
Further evidence in this regard is the Hadeeth of Usayd bin Hudhayr, may Allaah be pleased with him. He heard the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, saying to women when he was coming out of the mosque, and men and women were mingling in the road:“Draw back, for you must not walk in the middle of the road; keep to the sides of the road.”After that, women kept so close to the wall that their garments were rubbing against it. ]Abu Daawood )Al-Albaani: Saheeh([
In this Hadeeth, the Prophet, sallallaahu ‘alayhi wa sallam, forbade women from walking in the middle of the road so that they would not intermix with men. Women should walk on the sides of the road. This is an explicit evidence of prohibiting intermixing between the sexes.

- PUBLISHERNajimudeeN M