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Saturday, December 9, 2017

Invalid Marriages, - * Tahleel marriage is haraam and invalid

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My friend has divorced his wife the third and final divorce. Is it permissible that I marry her then divorce her so that she can return to her first husband?.
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Praise be to Allaah.
If a man divorces his wife for the third time, then she is not permissible for him to marry until she has married another man, because Allaah says (interpretation of the meaning):“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband” [al-Baqarah 2:230].
It is stipulated that this marriage which will make her permissible for her first husband should be a valid marriage. Temporary marriage (mut’ah marriage) or marriage for the purpose of making her permissible for her first husband then divorcing her (tahleel marriage) are both haraam and invalid according to the vast majority of scholars, and it does not make the woman permissible for her first husband.
See:al-Mughni(10/49-55).
There are saheeh ahaadeeth from the Prophet (peace and blessings of Allaah be upon him) which show that tahleel marriage is haraam.
Abu Dawood (2076) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has cursed the muhallil and the muhallal lahu.” This was classed as saheeh by al-Albaani inSunan Abi Dawood.
The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.
Ibn Majaah (1936) narrated from ‘Uqbah ibn ‘Aamir (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Shall I not tell you of a borrowed billy-goat.” They said, Yes, O Messenger of Allaah. He said, “He is al-muhallil. May Allaah curse al-muhallil and al-muhallal lahu.” Classed as hasan by al-Albaani inSaheeh Sunan Ibn Maajah.
‘Abd al-Razzaaq (6/2650 narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said whilst addressing the people: “By Allaah, no muhallil or muhallal lahu will be brought to me but I will stone them.”
This applies whether he states his intention clearly when doing the marriage contract and they stipulate that when he has made her permissible for her first husband he will divorce her, or they do not stipulate that and he intends it to himself only.
Al-Haakim narrated from Naafi’ that a man said to Ibn ‘Umar: I married a woman and made her permissible for her first husband, and he did not tell me to do that and he did not know. He said: No, marriage should be based on genuine intentions; if you like her then keep her, and if you do not like her then leave her. He said: At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) we would regard that as zina. And he said: They will still be adulterers, even if they remain for twenty years.
Imam Ahmad was asked about a man who married a woman intending thereby in his heart to make her permissible for her first husband, but the woman did not know about that. He said: He is a muhallil, and if he intends thereby to make her permissible for her first husband, then he is cursed.
Based on that, it is not permissible for you to marry this woman if you intend thereby to make her permissible for her first husband. Doing that is a major sin, and the marriage will not be valid, rather it is zina – Allaah forbid.
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உங்களை கணவராக அடைய நான் கொடுத்து வைத்தவள்...
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உங்கப்பாகிட்ட வரதட்சணை வாங்கியதை குத்திக் காட்டிப் பேசாதேன்னு எத்தனை தடவை சொல்லியிருக்கிறேன்

Invalid Marriages, - * She found out after marriage thather husband is a Raafidi (Shi’i). What should she do?

I got married 1 year ago. Only two months ago I found out that my husband is Shiite! He believes in their beliefs and follows “Al-Kaafi”! I do not know what to do, is my marriage valid? Please help me I do not want to shock my family before I know the ruling on this marriage. Fatwas are so many on the Internet, but my case is special.
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Praise be to Allaah.
Firstly:
We are amazed that people can give their daughters in marriage to followers of innovation and misguidance and deviance, and even to heretics and kaafirs. But our amazement is reduced when we realise that people are ignorant of these misguided beliefs and the fact that they are contrary to the beliefs of Ahl al-Sunnah wa’l-Jamaa’ah. Our amazement is also reduced when we realise that there are fatwas of ignorance and misguidance that are widespread among the people, not only from over-lenient Shaykhs who regard it as permissible to give a Sunni woman in marriage to a Sufi or Shi’i, but also from heretics who disguise themselves as men of religion and knowledge who issue fatwas permitting marriage of a Muslim woman to a kaafir!
The chronic problem here is that when people are ignorant about their religion and are heedless about the laws of Islam, they do not care much about the issue of marriage and do not think to ask a suitor about his religion and check on him. Rather all their concern is about worldly interests and living standards. They accept the one who suits them with regard to that, and they ignore his misdeeds, and they reject the one who does not suit them, even if he is good and righteous, and fasts and prays at night a great deal.
With regard to your marriage to this Raafidi (Shi’i), it is an invalid marriage and is abrogated according to sharee’ah, so long as this man believes in the misguidance and heresy that is inal-Kaafi(a Shi’i book).
You and your family must strive for a separation between you and him. If this annulment does not come about easily, then ask him for a divorce. If he refuses and there is no one who can apply the laws of Allaah with regard to this marriage, then you may separate from him by means of khula’, giving him whatever he wants of money, such as giving up the deferred portion of the mahr, or returning all or part of what he gave to you, and thus ransom yourself from him.
The scholars of the Standing Committee were asked:
Allaah decreed that a Kurdish man who claims to be a Sunni and is outwardly righteous should propose marriage to me. His name is Haydar ‘Abd al-Husayn al-Jaabiri. He accompanied my father for several months, during which he was hosted by my father. During this period he was of good character and religiously committed, and he presented himself to my father as being a Sunni, and he attacked the Shi’ah openly. Based on what my father saw of his righteousness and piety, my father agreed to give me in marriage to him. After the marriage contract was done and he consummated the marriage with me, he announced that he was not a Sunni; rather he was a fanatical Shi’i. When we asked him to come back to Islam and to the way of Ahl al-Sunnah wa’l-Jamaa’ah, and we put pressure on him, he said: I am neither Sunni nor Shi’i, I am a communist! (i.e., an atheist).
Respected mufti, my question is: What is the shar’i ruling on my staying with this man in this situation, especially since I hated him since he disclosed his hateful secret to us, and he deceived us in the past by making us think that he was a Sunni Muslim. What is the way to annul this marriage contract? How can I annul it, especially since I live in a non-Muslim country?
They replied:
It is not permissible to give the daughters of Sunni families in marriage to the sons of Shi’is or Communists. If the marriage takes place, it is invalid, because it is well known that the Shi’ah offer supplication (du’aa’) to Ahl al-Bayt (the Prophet’s family) and seek help through them, and this is major shirk; and the communists are atheists and have no religion at all. You have to go back to your family and not allow this man to be intimate with you, and you have to refer the matter to the authorities in your own country.
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-‘Azeez Aal al-Shaykh, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh Saalih al-Fawzaan, Shaykh Bakr Abu Zayd
Fataawa al-Lajnah al-Daa’imah(18/298-300)