Invalid Marriages, - * Is it haraam to marry a woman who cannot have children?
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नाजीमुडेन एम इंडिया
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I had tried to get a clear answer for my question for 3 yrs but in
vain hope inshallah i get a reply from u.i am 23 yr old,i hav one
sister.my mom and dad have been married for 25 yrs.3yrs back my father
married a hindu widow women converting her to islam.and we have had
problems in home from then on.she has two sons from her first husband
who died. the issue is the second wife was working at the same place
where my father worked,and the rumour is my father had an affair with
her and married her later,and Allah knows better is it true or not.she
was known to be a women of not so good characters and she dresses very
provocatively. even after three years of marraige there is no islamic
signs on her and she still dresses in a very provocative manner, she
had done sterilization operation after her children were born from her
first husband.so my father knoingly married a women who could not bear
children. so the issue is , is the marraige valid since Muhamed(sal)
had prohibited marraige with a women who could not bear children. and
if so then what about the two sons of her who have been given islamic
names and are studying in a muslim boarding school. and what should be
the attitude of my mother and also my attitude towards this issue .
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Praise be to Allaah.
Firstly:
In your question you said that your father married a Hindu woman and
made her become Muslim. If the marriage contract was done when she was
a Hindu, and she became a Muslim after that, then the marriage is
invalid, and your father should do a new marriage contract, because
Allaah has forbidden Muslim men to marry mushrik women until they
become Muslim. Allaah says (interpretation of the meaning):
"And do not marry Al-Mushrikaat (idolatresses) till they believe
(worship Allaah Alone)"
[al-Baqarah 2:221]
If the marriage contract was done after she became Muslim, then the
marriage is valid.
Secondly:
It is not permissible for your father to marry a woman who is as you
describe. Islam encourages marriage to religiously-committed women.
Her dressing in a provocative manner prevents the Muslim from making
this choice. You have to advise your father in the way that is better
to urge her to adhere to Islamic rulings, which includes telling her
to wear hijab and behave in a proper manner.
Thirdly:
The Messenger (peace and blessings of Allaah be upon him) encouraged
marriage to women who are fertile. It was narrated that Anas ibn
Maalik (may Allaah be pleased with him) said: The Messenger of Allaah
(peace and blessings of Allaah be upon him) used to say: "Marry the
one who is loving and fertile, for I will feel proud of your large
numbers before the other Prophets on the Day of Resurrection."
Narrated by Ahmad (12202). Classed as saheeh by Ibn Hibbaan (3/338)
and by al-Haythami inMajma' al-Zawaa'id(4/474).
Sham al-Deen Abaadi (may Allaah have mercy on him) said:
Wudood (loving) means she loves her husband.
Wulood (fertile) means the one who bears many children.
These two conditions are mentioned together because if a fertile woman
is not loving, her husband will feel no desire for her, and if a
loving woman is not fertile, the desired aim will not be achieved,
which is to increase the numbers of the ummah by producing many
children. These two characteristics may be known in the case of
virgins from the behaviour of their relatives, because in most cases
relatives are similar in behaviour and characteristics.
'Awn al-Ma'bood(6/33-34)
The Prophet (peace and blessings of Allaah be upon him) told men not
to marry infertile women. It was narrated that Ma'qil ibn Yasaar (may
Allaah be pleased with him) said: A man came to the Prophet (peace and
blessings of Allaah be upon him) and said: I have found a woman who is
of good lineage and beautiful, but she cannot have children. Should I
marry her? He said: No. Then he came to him a second time, and he told
him not (to marry that woman). Then he came to him a third time and he
said: "Marry the one who is loving and fertile, for I will be proud of
your great numbers before the nations." Narrated by al-Nasaa'i (3227)
and Abu Dawood (2050). Classed as saheeh by Ibn Hibbaan (9/363) and by
al-Albaani inSaheeh al-Targheeb(1921).
This prohibition does not mean that it is haraam, rather it is
makrooh. The scholars stated that choosing a fertile woman is
mustahabb, not obligatory.
Ibn Qudaamah said inal-Mughni:
It is mustahabb that she be from a family whose women are known to
bear many children. End quote.
Al-Manaawi said inFayd al-Qadeer(6. hadeeth 9775):
Marrying a woman who is not fertile is makrooh. End quote.
Just as it is permissible for a woman to marry an infertile man, it is
also permissible for a man to marry an infertile woman.
Al-Haafiz said inal-Fath:
As for one who cannot have children or who has no desire for women or
for intimacy, this (marriage) is permissible in his case, if the woman
is aware of that and agrees to it. End quote.
Fourthly:
With regard to your father's wife giving her sons Muslim names and
putting them in an Islamic school, these are good things that your
father has done. Changing bad names or foreign names to Arab and
Muslim names is a good thing. Putting them into an Islamic school is
a means of introducing them to true Islam and convincing them of it,
and we hope that they will become good Muslims.
Fifthly:
You have to honour your mother and take care of her, and advise her to
give your father his rights. It is not permissible for her to go
against his command unless he tells her to do something that is
disobedient to Allaah. You should also advise your father's wife and
show her the way to do good. You should pay attention to her sons and
help them to get to know Islam and follow its rulings.
We ask Allaah to set your family's affairs straight, and to guide you
to obey Him, and help you to worship Him properly.
And Allaah knows best.
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