Fathwa, - Wants to marry a divorced woman who is sick with AIDS

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Question
AS SALAAM ALAIKUM, KINDLY GUIDE ME ,AM MAKING DAWAH IN A NONE MUSLIM COUNTRY WEWHERE ISLAAM IS SO STRANGE BUT BY THE MERCY OF ALLAH WE HAVE MANAGED TO CONVERTS THOUSANDS OF THEM TO ISLAAM OF THOSE WHOM WE HAVE CONVERTED,WE USED TO ENCOURAGE TO MARRY ONEANOTHER,WE STOOD FOR THEM AS THEIR PARENTS SINCE SOME ARECHASED OUT OF HOME AFTER EMBRAC ING ISLAAM, TWO OF THESE CONVERTED MUSLIMS WE MARRIED TOGETHER AL HAMDULLILLAH THEY HAD ONE CHILD AFTER THE CHILD THE HUSBAND LEFT THE JOB WITHOUT ANY REASON WE TRIED TO PERSUADE HIM TO GET A JOB IN OTHER TO SUPPORT IS FARMILY SINCE HIS WIFE IS COMPLANNING TO US,AFTER A WHILE THEY STARTED FIGHTING BECAUSE THE WIFE IS WORKING NOW WHILE THE HUSBAND REFUSE TO LOOK FOR JOB,WE USE TO SETTLE THEIR DISPUTES UNTIL WE GOT A JOB FOR THE HUSBAND ALSO BUT THESE DID NOT STOP THEIR FIGHT UNTIL THE HUSBAND TOLD US THAT THE WIFE HAS LEFT HOME FOR MORE THAN ONE WEEK TO HER FARMILY HOME, WE CALLED THEM TOGETHER THOSE OF US WHO ARE SHEIKHS,WE SAT WITH THEM THREE SITTING TO PERSUADE THE WIFE TO GO BACK BUT SHE DID NOT SHE SAID SHE NEED A RELEASE ] KHUL'U [ FROM THE HUSBAND,BECAUSE HAS BEEN MALTREATED EMMOTIONALLY BY THE HUSBAND AND THAT SHE FEARS THAT SHE WILL GO OUT OF THE WAY IF SHE STAYS WITH HIM AND SHE DOES NOT LOVE HIM AGAIN WE TRIED ALL OUR BEST BUT SHE REFUSED,WE ASKED THE HUSBAND TO GO TO HER FARMILY HOUSE MAYBE THEY WILL SOLVE IT ,HE DID THAT BUT THE WIFE SAID TO HER FARMILY THAT SHE CANNOT STAY WITH HIM AGAING,THEN THE HUSBAND REFUSED TO DIVORCE HER, SHE THEN CAME TO US AGAIN,THEN WE TOLD HER THAT WE CANNOT DO ANYTHING BUT WE ADVICE HER THAT SHE MUST PLEAD TO HIM,THE HUSBAND REFUSE AND LATTER HE RELEASED HER WITH ANGER,AFTER ALL THESE THE HUSBAND STOP COMING TO OUR GATHERINGS BECAUSE HE FELT WE HAVE NOT DONE ENOUGH,THE WIFE TRIED TO REMARRIED TO SAVE HERSELF FROM ADULTERY BUT SHE FOUND NO ONE TO MARRY HER,NOW SHE TURNED TO ME, CAN I MARRY HER TO SAVE HER FROM ADULTERY?SHE IS HIV/AIDS POSITIVE,AM MARRIED WITH TWO WIFES.THANKS.
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.
First of all, we ask Allaah to reward you and make you successful in your call to Islam, as He is All-Hearer and Responsive.
We have already issued Fatwa 86070clarifying that it is permissible for a man who is in sound health to marry a woman who is sick with AIDS if he knows that and agrees to it.
However, there is a problem here, which is that you already have two wives and they might be harmed by you marrying this sick woman ]i.e. the disease could be transmitted to them[. So, if both of them agree that you marry that woman with her deficiency ]disease[ and you are able to be just between them, then it is permissible for you to marry her. For more benefit, please refer to Fatwa 90593.
We would like to point out to some matters that are mentioned in the question:
1- If a Muslim woman has no Muslim guardian, the one who marries her off is the Muslim judge, or any authority that may act on his behalf like the Islamic Centers in non-Muslim countries.
2- If a woman is harmed by staying with her husband, she has the right to ask for divorce or Khul’ and if it is confirmed that the harm is initiated from the side of the husband, then he has no right to seek compensation in return for divorce.
3- You should take care of that man and encourage him to attend the lectures of knowledge so that his commitment to his religion will not be negatively affected.
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - His daughter got a proposal from a religiousman who has vitiligo

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Question
Assalamu alaikum.Our daughter has got a proposal from a religious family.He is also religious, educated and of good moral charector.But he has white patch of vitiligo on his hand.This may become generalized making whole body white in later life and can also affect their children by 30%.This is rare.Can we move ahead with the proposal or is there evidence in Islam for rejecting proposal on medical grounds like vitiligo or is it unIslamic if we do not go ahead with the proposal.What if our parents disagree?Kindly answer within a week Insha Allah as we have to proceed. Jazakhallah Khair.
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 you refer to vitiligo and not leprosy, then vitiligo is not among the diseases that are disgusting; it is for this reason that the scholarsdid not consider it among the diseases that give the spouse the choice to annul the marriage contract )in case he/she was not informed about it(.Al-Mardaawisaid: “As regards vitiligo, it is a change in the color of the skin, ….and it is not disgusting, so the spouse is not given the choice to annul the marriage contract.”
Moreover, this disease does not harm one’s health as stated by the specialists. Therefore, if this young man is religious and has a good moral conduct, then one should accept him as a husband for this girl.Abu Hurayrahnarrated that the Prophetsaid: “If a man whose religion and moral character are pleasing to you proposes to you, then let him marry.”]At-Tirmithi[ It might be that Allaah will bless this marriage and there will be much good in it.
Moreover, if that girl accepts him as a husband, then her guardian should not refuse him otherwise he is considered as preventing her from marriage without any sound reason.Al-Jalaal Al-Mahallifrom the Shaafi’i School of jurisprudence, said: “Preventing the girl from marriage without a sound reason happens if an adult girl who has a sound mind wants to marry a suitable and competent man and her guardian refuses to marry her off.”
In case the guardian refuses to marry her off, then she should try to convince him in a soft and gentle manner. If he refuses to marry her off, then she has the right to take her matter to a Muslim judge )to marry her off(.
The statement ofAl-Mahallicontinues as follows: “Preventing the woman from marriage without a sound reason should be confirmed to the Muslim judge so that he would marry her off, like if the guardian refuses to marry off the girl under his guardianship after he is ordered by the judge to do so.”
Allaah Knows best.

- PUBLISHERNajimudeeN M

Fathwa, - He did not tell his wife that he had a fertility problem

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Question
I have been married for past 6 years and we have no kids due to medical reasons. We are staying abroad in gulf from the time of marriage. Also, due to medical reasons the relationship is reduced. We have undergone lot of medical treatment for having kids but the result was negative. Prior to my marriage i was undergoing treatment with the doctor, the biggest blunder we did was not informing about the treatment to my wife and her parents. My wife was working before but now she is at home and feels very lonely and misses having kids. Kindly advise what should be done since my wife is very depressed & unhappy and i feel like i have cheated her.
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.
Being sterile is not considered among the defects the give the other party the right to invalidate the marriage contract; it is for this reason that the majority of the juristsare of the view that it is not an obligation )upon the husband( to inform the wife about it.
Hence, we advise you to continue seeking medical treatment. You and your wife should not give up hope; rather, you should supplicate Allaah as much as possible as He answers the supplication of people in distress. It is Allaah Who blessed the ProphetIbraaheem)Abraham(withIsmaa’eel)Ishmael( andIshaaq)Ishaq( while he was an old man, and He blessedZakariyya)Zachariah( withYahia)John( and He amended his wife for him and she became fertile after having been barren; may Allaah exalt the mention of all the Prophets and Messengers.
Indeed, the matter of having children is in the hands of Allaah; Allaah Says )what means(: }To Allaah belongs the dominion of the heavens and the earth; He creates what He wills. He gives to whom He wills female ]children[ and He gives to whom He wills males. Or He makes them ]both[ males and females, and He renders whom He wills barren. Indeed, He is Knowing and Competent.{]Quran 42:49-50[
Also, we advise both of you to seek the forgiveness of Allaah as much as possible as this is a means of having children; Allaah Says about the ProphetNooh]Noah[ )what means(: }And said, Ask forgiveness of your Lord. Indeed, He is ever a Perpetual Forgiver. He will send ]rain from[ the sky upon you in ]continuing[ showers. And give you increase in wealth and children and provide for you gardens and provide for you rivers.{]Quran 71:10-12[
On the other hand, it is permissible for you to look for a means to have children by artificial insemination as this is permissible provided some Islamic conditions are met as .
Allaah Knows best.

- PUBLISHERNajimudeeN M