Fathwa - He had intercourse with his wife thinking that it isthe day of ‘Eed and then found out that it is still Ramadan

Question
In Qatar, we are used to breaking our fast after Ramadan with Saudi
Arabia. However, there was one year in which Saudi Arabia declared'Eed
and I thought that Qatar would also declare it and it is simply a
matter of time. I slept without making the intention to fast, woke up
at dawn and had intercourse with my wife.Then, I discovered that the
people of Qatar considered it a day of Ramadan and they fasted. Should
I offer expiation?
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.
You should have made sure whether this day was 'Eed or not. Since what
happened has happened, you should make up for this day and you are not
obliged to offer any expiation because you did not intend to violate
the sanctity of the month. Expiation is obligatory upon whoever does
so intentionally.
Whoever does this by mistake is not required to offer any expiation as
Allaah The Almighty Says (what means): {Our Lord, do not impose blame
upon us if we have forgotten or erred.} [Quran 2:286]
Allaah The Exalted also Says (what means): {And there is no blame upon
you for that in which youhave erred but [only for] what your hearts
intended.} [Quran 33:5]
Allaah Knows best.

Islamic Article - Gems from the treasury of the Quran

The Messenger of Allaah, Muhammadsaid:"The best amongst you are those
who learnthe Quran and teach it."[Al-Bukhaari]
What is the Quran?
The Quran is the Book of Allaah, which He chose tobe the Final of the
Heavenly Books. He, the Merciful and Most High, revealed it to Prophet
Muhammadas the source for the Last Religion and a guidance for
mankind. Its revelation was a turning point for humanity; it was the
power that changed the world, shifted the flow of history, saved and
reformed humanity, so much so that the entire existence appeared as if
it had been recreated anew.
The Quran is the strongest evidence in support of Prophet Muhammadand
his greatest sign. It is the proof of his prophethoodand
trustworthiness. Allaah, the Most Exalted, Says in the Quran (what
means):"They (unbelievers) want to extinguish Allaah's light with
their mouths. But Allaah willperfect His light, even though
theunbelievers may detest it. It is He who has sent His Messenger with
guidance and the Religion of Truth, so that he may exalt it over all
religions, much as the pagans may dislike it."[Quran 61:8-9]
The Quran is the guidance that mankind needs to achieve freedom,
happiness and success, in this life and the next.
The Quran is a complete and comprehensive Book. It deals with the
issues man needs, not only for salvation in the Hereafter, but also to
achieve peace, justice and prosperity in this world. These issues are
discussed in the Quran in three main categories: Theology, Fables and
Wisdom, Islamic Law (or Sharee'ah). Thus, it provides the basic
principles, vision and knowledge necessary for planning and leading a
good life. All this is packaged in a very comprehensive approachto
living that combines the pursuit of worldly affairs as well as those
of the Hereafter. Allaah Almighty Says in the Quran (what means):"And
seek by the wealth provided for you by Allaah the eternal abode (the
Hereafter) but do not forget and (and forsake) your share of this
world. Be kind and good (to others) just as Allaah was kind and good
to you. And desire not corruption in the land. Indeed, Allaah does not
like corrupters."[Quran 28:77]
The Quran has an inimitable style and format that has never been seen
or experienced in any other book or methodology. The richness of its
text and the discourse it offers are unprecedentedand unmatched in
their eloquence, proficiency, fluency, conformance and harmony. Not
only is the Quran a linguistic masterpiece and magnum opus par
excellence, it is indeed a miracle in the fullest sense of the word.
Those reciting it never become weary of it and those who ponder upon
its meanings do not doubt it; rather, they always discover fresh
insights and knowledge. It guidesthose seeking guidance and increases
those who believe in it in faith. Its first parts resemble its latter
parts and it can only be likened to itself in its unparalleled beauty.
The Quran is free from contradictions and those who understand the
Arabic language and contemplate upon its chapters and verses will find
harmony between its various parts. Allaah, the Most High, Says
(whatmeans): "Why do not they contemplate the Quran? And if it were
from other than Allaah, they would have found in it numerous
discrepancies."[Quran 4:82] Indeed, every time the disbelievers tried
to raiseissues of contradictions in the Quran, Muslim scholars proved
beyond doubt that no part of the Quran belies or contradicts another.
The reason is that what may appear as a 'contradiction' in the Quran
is actually what the Quran calls Muhkam (clear) and Mutashaabih
(unclear) verse. This is actually a part of the Quran's textual
strength and miraculous composition.
The Quran restores soul calmness
The Islamic Medical Sciences Organization declared the striking
results of a study conducted by Dr. Ahmad Al-Qaadhi over a group
ofvolunteers fromUSAwho were subject to a recitation of the Holy
Quran. A trace of a tranquilizing effect was recorded at a whole rate
of 97%. Although many of these volunteers do not know Arabic, yet
involuntary physiologicalchanges that led notably to alleviate the
acuity of tension they had before were observed in their nervous
systems.
Furthermore, an experiment of EEG duringQuran rehearsal revealed that
while listening to Quran, the encephalic waves moved from the fast
pattern of vigilance (12-13) wave/ second to the slow pattern (8-18)
wave/ second; indicating the state of deep calmness. Non-Arabic
speaking persons felt reassured, quiet, and complacent during the
process of listening to Quranic verses, in spite oftheir inability to
understand the meanings. This is one of the miracles of the Holy
Quran.
The Prophetrevealed that miracle when saying;
"No people assembled in one of the houses of Allaah (mosques), and
recite and study the Book of Allaah (among themselves), except that
tranquility would prevail over them, mercy would encompass them, the
angels would surround them, and Allaahwould make a mention of them in
the presence of those near Him(angels)."[Muslim]

Islamic Article - Islam and stability of the family - I

Out of all the previous divine religions, none has given due
importance to the family as Islamdid. In doing so, Islam has
legislated procedures and means which maintain security and preserve
stability within the family. It has also prescribed some measures
which prevent the family from collapse and destruction. We --
particularly in the present time where immorality abounds and
temptations are overwhelming -- have to return to the endless spring
of the Quran, theSunnah(Prophetic tradition) as well as the sayings of
the righteous predecessors which are guiding beacons for us along our
road to maintain family stability.
Islam has initiated several measures to maintain the stability of the
family as well the whole Muslim community. In thisarticle, I will
discuss only two measures that Allaah The Almighty has legislated to
avoid the disintegration of the family structure and to maintain the
unity of the Muslim community and steadfastness in the face of the
huge challenges that the entire MuslimUmmah(nation) is facing. Such
challenges are directed to the Muslim family in particular which has
become a clear target for the schemes of Westernization and corruption
led by the enemies of Islam from among the Jews and others.
1- Restricting the gates to divorceto maintain marital life and
safeguard the community:
To avoid making divorce the first decision in case of dissention
anddispute, Islam stated stages for reconciliation between the
spouses, including:
1-The policy of reconciliation between the disputing
spouses.Reconciliation is recommended even before dissention worsens
and its evil consequences emerge. The arbitrators are chosen from the
spouses' families because they are more capable of reconciling them
and of knowing the details. The arbitrators should truly seek
reconciliation and maintenance of the marital life, and as such Allaah
will help them to achieve this. Allaah The Exalted Says (what
means):{And if you fear dissension between the two, send an arbitrator
from his people and an arbitrator from her people. If they both desire
reconciliation, Allaah will cause it between them. Indeed, Allaah is
ever Knowing and Acquainted [with all things].}[Quran 4: 35]
2-Islam directed the spouses to exert their best efforts in
reconciliation when dissention and dispute occur among them. Allaah
The Exalted Says (what means):{And if a woman fears from her husband
contempt or evasion, there is no sin upon them if they make terms of
settlement between them - and settlement is best. And present
in[human] souls is stinginess.}[Quran 4: 128] Commenting on the last
verse, At-Tabarisaid,"There is a consensus that this is applicable
when the wife is unattractive or very old and feels that her husband
no longer desires her, treats her with contempt or inclines to other
women. In such a case, she can waive some of her rights in
ordertoappeasehim and maintain her marital life."
3-Islam warns against following whims and desires as well as
surrendering to emotions, which overwhelm and change. A husband may
feel aversion towards his wife, but if he is patient, this feeling
will soon change. Therefore, it is not acceptable that a husband
divorces his wife because of these temporary feelings of aversion.
Allaah The Exalted Says (what means):{And live with them in kindness.
For if you dislike them - perhaps you dislikea thing and Allaah makes
therein much good.}[Quran 4: 18]
In aHadeeth(narration), the Prophet,, said:"No believing man should
hate his believing wife. If he dislikesone of hercharacteristics, he
would surely like another."[Muslim]
This means that a husband could hate one of his wife's characteristics
while he is heedless of her other good ones. Consequently, he has to
think deliberately before divorce as he may prefer keeping her and his
feeling of dislike could change.
It was narrated thata man consulted 'Umar ibn Al-Khattaababout
divorcing his wife and 'Umarsaid to him,[Fi Thilaal Al-Quran: Sayyid
Qutb]"Do not doso.""I do not love her,"the man argued. 'Umarsaid,"Are
families built only on love? Whereis, then, mutual care and the
maintenance of rights and duties?"
The statement of 'Umarindicates how Islam is keen to maintain the
solemn marital contract as Allaah The Almighty describes it in the
Quran Saying (what means):{And they have taken from you a solemn
covenant}.[Quran 4: 21] Even if love is missing in marital life, there
is still scope for cooperation, solidarity and the fear of blame for
divorce which distresses the wife, the children and the husband
himself in manycases.

Islamic Article - Islam and stability of the family - II

1-When divorce is unavoidable, the best form is to divorce the wife
only once during a period of purity during which no incident of
intercourse takes place. This is the meaning of the verse in which
Allaah The Exalted Says (what means):{O Prophet, when you [Muslims]
divorce women, divorce them for [the commencement of] their waiting
period.}[Quran 65: 1]
The period of menstruation mostly brings on feelings of lethargy,
alienation and irritability. On the other hand, theperiod of purity
features intermixing between the spouses, mutual understanding and
interaction. Consequently, when a husband divorces his wifewhile she
is menstruating or during a period of purity in whichan incident of
intercourse takes place, this is, as expressed by some of the
righteous predecessors including Ibn Taymiyyaha divorce based
uponBid'ah(innovation) which contradicts the wiseSharee'ah(Islamic
legislation). Actually, thisform of divorce contradicts the ordinances
of Allaah The Almighty because it is an innovated matter in religion
and does not cancel the original state(i.e. the marriage contract)
whichis established by the Quran, theSunnah(Prophetic tradition) as
well as the scholars' consensus.
The Prophet,rejected this form of divorce and nullified it. [Ibn
Al-Qayyim] The majority of scholars, however, are of the view that
this form of divorce is effective. Consequently, when a husband
decides to divorce his wife after he had divorced her while she was
menstruating or during a period of purity in whichan incident of
intercourse took place and then took her in wedlock again, he has to
divorce her according to theSharee'ah-approved manner.
2- Permissibility of polygyny if one can be fair:
There are great advantages in polygyny including, for example:
1-The wife may suffer from an incurable disease and does not expect a
full recovery, and therefore she is neither able to manage her home
nor fulfill her husband's rights. Meanwhile, she is poor and has
neither wealth tolive from in case of divorce nor is she a breadwinner
capable of taking care of herself. Does chivalry entail divorcing her
in this case? The answer is of courseno. Rather, chivalry entails that
he keeps her as his wife. Nevertheless, is it just that he retains her
as his wife while he badly needs someone to take care of him, manage
his affairs, maintain his chastity and provide him with offspring?
This would mean sentencing him to misery and wretchedness. Moreover,
thiswould be a wretched fate for them both. Rather, justice
entailsallowing him to marry another wife. Consequently, chivalry and
justice entail allowing polygyny insuch cases.
2-The wife could be infertile, and although she may spare no effortin
seeking a cure and her husband may be keen to utilize the available
means for her to conceive, their efforts may be in vain. What is the
judgment of justice and human nature in this case? Should the husband
suppress his desire to have a child to please him in his lifetime and
inherit him after death or marry another woman after keeping patient
with his wife's infertility for a period of time andlosing hope in
having children from her? Like the previous wife, such a woman could
be poor andhave no breadwinner. In such a case, faithfulness, kind
association and chivalry entail that he keeps her, maintains her and
takes care of her.
3-In most nations, particularly in certain circumstances, women
noticeably outnumber men. Consequently, when each man marries only one
wife, other women and young girls will remain spinsters. This means
that they will harbor rancor against married men and women. This also
means exposing their chastity to danger.In such a case, the wives
themselves will be afflicted with evil, for the unmarried women will
share their husbands with them secretly. This evil also afflicts men
for unmarried women are relatives to men and what hurts their
reputation hurtstheir relatives as well.
Discussing the advantages of polygyny, ShaykhAsh-Shinqeetisaid,
"It is one of the normal ways of Allaah in the universe that men are
less than women in number and more vulnerable to death in all fields
of life. Consequently, if the man is forbidden from marrying more than
one woman,there will be a huge number of unmarried women who will
resort to adultery. Neglecting theguidance of the Quran and the Sunnah
in this issue is one of the greatest reasons behind lacking morals and
degradation to the degrees of animals in losing chastity, honor,
nobility and morals. Glory be to The Ever Wise and The Ever Acquainted
with everything."[Adhwaa' Al-Bayaan]
4-Unlike women who rarely have children after the age of forty-five,
man is naturally able to havechildren even after the age of sixty.
Consequently, when a man marries at an older age or loves having a lot
of children, preventing him from marrying another wife is a form of
confinement. Also, unlike the woman who is prevented by pregnancy from
having children all the time, the husband is able to do so at anytime.
To sum up:
Islam legislated many regulationswhich safeguard the Muslim family and
prevent it from disintegration. The family is the essential pillar of
the entire Muslim community and its inviolable fort. This indicates
the justice and perfection of the IslamicSharee'ahas well as its
keenness to do what is beneficial to humans in both worlds.