'' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen]
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{in Arab} :->
Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/-
(Surah Al-Baqarah ,verse 201)
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court. They got married about two and a half year ago and then she got
separated from him about five months ago. She now contacted her church
and the priest told her that her marriage was not valid in the eyes of
the church as it was done in the court. They also told her that her
marriage was a legal matter and she may pursue to get a legal divorce
from her husband but otherwise she is free to marry again. She is
looking for marriage again as in her opinion her faith is Christianity
and she would do what her church has asked her to do. Now, my question
is can I marry that girl? She is willing to marry me in mosque as it
will be religious marriage and she would accept it and consider it as
marriage. Secondly, she said that I should not question her marriage
with the other man as it is her decision which she has taken after
speaking to her church. Please guide me
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Praise be to Allah
Firstly:
It is permissible to marry a woman of the people of the Book on
condition that she is chaste. Perhaps this is what you mean when you
say that she is orthodox. Allah, may He be exalted, says
(interpretation of the meaning):
"Made lawful to you this day are AtTayyibat (all kinds of Halal
(lawful) foods, which Allah has made lawful (meat of slaughtered
eatable animals, etc., milk products, fats, vegetables and fruits,
etc.). The food (slaughtered cattle, eatable animals, etc.) of the
people of the Scripture (Jews and Christians) is lawful to you and
yours is lawful to them. (Lawful to you in marriage) are chaste women
from the believers and chaste women from those who were given the
Scripture (Jews and Christians) before your time, when you have given
their due Mahr (bridal money given by the husband to his wife at the
time of marriage), desiring chastity (i.e. taking them in legal
wedlock) not committing illegal sexual intercourse, nor taking them as
girl-friends. And whosoever disbelieves in the Oneness of Allah and in
all the other Articles of Faith (i.e. His (Allah's), Angels, His Holy
Books, His Messengers, the Day of Resurrection and AlQadar (Divine
Preordainments)), then fruitless is his work, and in the Hereafter he
will be among the losers"
[al-Maa'idah 5:5].
But marriage to a Muslim woman is preferable.
Shaykh Ibn Baaz (may Allah have mercy on him) said:
If the Jewish or Christian woman is known to be chaste and to avoid
that which leads to shameful deeds, then (marriage to her) is
permissible, because Allah has allowed that and has made it
permissible for us to marry their women and eat their food.
But nowadays there is the fear of much evil for those who marry them,
because they may call him to their religion, and that may lead to his
children becoming Christian. So the danger is great, and it is more
prudent for the believer not to marry a woman of the people of the
Book, because there is no guarantee that she will not fall into
shameful deeds, or attribute to him children who are not his… But if
he needs to do that, then there is nothing wrong with it, so that he
may protect his chastity and lower his gaze thereby. He should try
hard to call her to Islam, and beware of her evil, lest she drag him
or the children towards disbelief.
End quote fromFataawa Islamiyyah(3/172)
It is not permissible to do the marriage in the church, because of the
great evil that is involved in that, namely approval of the ascription
of partners to Allah, may He be exalted, in the words that they repeat
when performing the marriage ceremony.
Secondly:
If this woman was previously married to a Muslim man, then it is not
permissible for you to marry her, until her marriage with the first
husband is ended by means of divorce, annulment or the like.
This first marriage is either valid, according to what we believe in
our religion, or it is an invalid marriage.
If it was a valid marriage, then the matter is clear: it is not
permissible for any man to marry a woman who is married to someone
else, even if she is from the people of the Book and the husband is a
Muslim.
Indeed, even if she is one of the people of the Book and her husband
is also one of the people of the Book, it is not permissible for a
Muslim to marry her when she is still married to the first husband.
In fact it is not permissible for a Muslim to turn a woman against her
husband, whether she is a Muslim or one of the people of the Book,
because the Messenger of Allah (blessings and peace of Allah be upon
him) said: "He is not one of us who turns a woman against her husband
or a slave against his master." Narrated by Abu Dawood (2175); classed
as saheeh by al-Albaani inSaheeh Abi Dawood.
Shaykh 'Abd al-'Azeem Abaadi (may Allah have mercy on him) said:
"who turns a woman against her husband" that is, he mentions the bad
qualities of the husband in front of his wife, or he mentions the good
qualities of some other man in front of her.
End quote from'Awn al-Ma'bood(6/159).
If we assume that the first marriage was an invalid marriage, then she
still does not have the right to leave that marriage or enter into
another marriage, until the first marriage is ended either by divorce
from the husband or annulment of the marriage by a Muslim judge. Legal
divorce is not sufficient in this case, and she does not become
permissible for you or anyone else thereby.
When they entered into that invalid marriage, they believed it to be
valid, so they do not have the right to leave that marriage or cancel
it except by the same means as they would leave a valid marriage,
especially since all this time has passed. Was this marriage
permissible for her in the past, when she was with her husband, then
when she decided to marry you, it became unlawful, or as if it was
nothing?!
In fact her asking the priest, after all this time had passed, and
telling you about that, is a kind of messing about and following whims
and desires for the sake of her desire to end the first marriage and
enter into a new marriage, simply because she wants to!
Ibn Qudaamah (may Allah have mercy on him) said: If a woman enters
into an invalid marriage, it is not permissible for her to marry
anyone other than the one who married her, until he divorces her or
the marriage is annulled. If he refuses to divorce her, the judge may
annul her marriage. This was stated by Ahmad.
End quote fromal-Mughni(7/342).
Shaykh Ibn Baaz (may Allah have mercy on him) said: The marriage is
invalid according to the more correct of the two scholarly opinions,
but she does not have the right to remarry until after he divorces her
or her marriage to him is annulled by the Muslim judge, so as to avoid
going against the view of those scholars who said that the marriage is
valid.
End quote fromMajmoo' Fataawa Ibn Baaz(20/411).
See questions no. 127179and 217698
The view of the priest is of no relevance, because perhaps he thought
that the marriage would not be valid unless it was done in the church.
Moreover, here we are speaking about the validity of the marriage
according to our religion and its teachings. This is what is
obligatory for you, and in our view what the priest has to say is
irrelevant and has no consequences at all.
The woman's saying that you have no right to ask about her first
marriage is not right. Rather it is not permissible for you to marry
her until you know what happened regarding the first marriage and
whether she is unmarried at present.
To sum up: this woman is either married in a valid marriage, in which
case it is not permissible for you to turn her against her husband,
let alone propose to her and marry her;
or she is married in an invalid marriage, so she needs a divorce from
her husband in order to be able to marry someone else.
And Allah knows best.
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In sha Allah, I am going to do the obligatory Hajj this year. What should I do if I get my menses during the pilgrimage? I know that I should do the rituals like any pilgrim, except for circumambulation of the Ka‘bah. My question is: I want to use medication to prevent menstruation. My husband is a doctor and he does not want me to do this, because he says that it is possible for some women to experience unexpected bleeding. This is causing me a great deal of anxiety, but I want to ask about tawaf al-ifaadah: what should I do if I get my menses, because I will be going with an organised group, and my husband has work after Hajj. I am from the city of Haa’il, and I have children; in other words, it will be difficult for my husband to leave me with his siblings in Jeddah until I become pure and can circumambulate the Ka‘bah after I become pure [following the end of my menses]. Please advise me as to the best thing to do, because I am confused.
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Praise be to Allah
Firstly:
Tawaaf done by a menstruating woman is not valid, because of the report narrated by al-Bukhaari (305) and Muslim (1211) from ‘Aa’ishah (may Allah be pleased with her), according to which she got her menses just before entering Makkah during the Farewell Pilgrimage. The Prophet (blessings and peace of Allah be upon him) said to her: “Do everything that the pilgrims do, but do not circumambulate the Ka‘bah until you become pure.”
Al-Bukhaari (4401) and Muslim (1211) also narrated from ‘Aa’ishah that Safiyyah bint Huyayy, the wife of the Prophet (blessings and peace of Allah be upon him) got her menses during the Farewell Pilgrimage, and the Prophet (blessings and peace of Allah be upon him) said: “Is she detaining us?” I said: She has already done tawaf al-ifaadah, O Messenger of Allah (sa), and has circumambulated the Ka‘bah. So the Prophet (blessings and peace of Allah be upon him) said: “Then let her depart.”
This indicates that the menstruating woman is not allowed to do tawaf and that she should remain [in Makkah] until she becomes pure; if she leaves, then she must come back and do tawaf. This is the view of the majority of scholars.
If a woman fears that her menses will come before she does tawaf al-ifaadah, and it is not possible for her to stay in Makkah or to come back to it after she leaves, then she may take medicine to prevent menstruation, so that she will be able to do tawaf, and any harm that may result from that is something that may be overlooked for the sake of doing this important act of worship and performing it in the prescribed manner.
‘Abd ar-Razzaaq narrated in hisMusannaf(1/318) that Ibn ‘Umar (may Allah be pleased with him) was asked about a woman whose menstrual bleeding was lengthy in duration, and she wanted to take medicine to stop the bleeding. Ibn ‘Umar did not see anything wrong with that, and he recommended araak water [that is, he prescribed that medicine for her]. Mu‘ammar said: I heard Ibn Abi Nujayh being asked about that, and he did not see anything wrong with it.
It was narrated from ‘Ata’ that he was asked about a woman who was menstruating, then she was given some medicine to stop her menses before it ended naturally; could she do tawaf? He said: Yes, if she sees the tuhr (white discharge signalling the end of menses). But if she sees traces of blood, and does not see the white tuhr, then she should not do tawaf.
What is meant by traces is a little blood or light bleeding when the menses has nearly ended.
If she cannot take this medicine or she fears that she may be harmed by it, then Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) was of the view that if she cannot stay in Makkah because she is part of a group that will leave soon, and she cannot come back in order to do tawaf, then in that case she has no choice, so she should take measures to prevent the blood from falling onto the ground, and do tawaf. Some of the scholars have issued fatwas to this effect.
The Standing Committee for Issuing Fatwas was asked: A woman came in ihram for ‘umrah, and after reaching Makkah she got her menses. Her mahram has to leave immediately and she does not have anyone in Makkah. What is the ruling?
They replied: If the matter is as described, that the woman got her menses before doing tawaf, and she is still in ihram, and her mahram has to leave immediately, and she has no mahram or husband in Makkah, then the condition of being in a state of purity and free of menses in order to enter the mosque and do tawaf is waived in her case, out of necessity, and she should put on a sanitary pad and do tawaf and sa‘i for her ‘umrah, unless it is easy for her to leave and then come back with her husband or mahram because she does not live too far away and it is easy for her to come back. In that case, she should leave and come back as soon as her menses ends in order to do the tawaf of her ‘umrah in a state of purity. Allah, may He be exalted, says (interpretation of the meaning):
“Allah intends for you ease and does not intend for you hardship”
[al-Baqarah 2:185]
“Allah does not charge a soul except [with that within] its capacity”
[al-Baqarah 2:286]
“[Allah] has not placed upon you in the religion any difficulty”
[al-Hajj 22:78]
“So fear Allah as much as you are able”
[at-Taghaabun 64:16].
The Messenger of Allah (blessings and peace of Allah be upon him) said: “If I instruct you to do a thing, do as much of it as you can.” And there are other religious texts which confirm that making things easy and avoiding hardship are religious objectives. What we have mentioned was also indicated in fatwas issued by a number of scholars, including Shaykh al-Islam Ibn Taymiyyah and his student, al-‘Allaamah Ibn al-Qayyim (mem them both). End quote fromFataawa Islamiyyah(2/238).
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: A woman got her menses when she had not done tawaf al-ifaadah, and she lives outside the Kingdom (Saudi Arabia). The time has come for her to leave the Kingdom; she cannot delay her departure and it is impossible for her to return to the Kingdom once more. What is the ruling?
He replied: If the matter is as described, a woman has not done tawaf al-ifaadah, and she has got her menses and cannot remain in Makkah or come back to it if she leaves before doing tawaf, then in this case she may take one of two measures: either she may have an injection to stop the bleeding, and then do tawaf; or she may put on a sanitary pad to prevent the blood contaminating the mosque, and do tawaf, as this is a case of necessity. The view that we have mentioned here is the most correct view, and is the one that was favoured by Shaykh al-Islam Ibn Taymiyyah. Or the other alternative is to do one of two things: either to remain in whatever state of ihram she is in, in which case she is not permissible for her husband, and it is not permissible for a marriage contract to be done with her if she is not married; or she is to be regarded as being like one who was prevented from reaching the Ka‘bah, so she should offer her sacrifice and exit her ihram. In that case, her Hajj will not count. Both of these options are difficult, so the correct view is that of Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) regarding such cases of necessity. Allah, may He be exalted, says (interpretation of the meaning):
“[Allah] has not placed upon you in the religion any difficulty”
[al-Hajj 22:78]
“Allah intends for you ease and does not intend for you hardship”
[al-Baqarah 2:185].
But if this woman is able to travel then come back when she has become pure, there is nothing wrong with her leaving, then when she becomes pure (following the end of her menses), she may come back and do the tawaf of Hajj. But during the intervening period, she cannot be intimate with her husband, because she has not completed the second stage of exiting ihram. End quote fromFataawa Islamiyyah(2/237).
The ruling allowing a menstruating woman to do tawaf in the case of necessity may also apply to a woman who comes from a distant land and is not able to remain in Makkah or to come back again to do tawaf. But if she lives in the land of the two holy sanctuaries (i.e., Saudi Arabia) or one of the Gulf countries, then it is possible for her to come back to Makkah in order to do tawaaf al-ifadah. So if she cannot stay in Makkah until she becomes pure, then she may leave, then when she becomes pure she may come back and do tawaf, but during the intervening period she should avoid intimacy with her husband, because she has not completed the second stage of exiting ihram.
This is applicable in your case, so it is not permissible for you to do tawaf whilst menstruating; rather you should come back to do tawaf after you become pure (following the end of your menses).
Shaykh Dr. Khaalid ibn ‘Ali al-Mushayqih, a member of faculty at the University of al-Qasim, was asked: A woman got her menses before doing tawaf al-ifaadah, and she has to leave with the Hajj group with whom she came before her menses ends; what should she do? Please note that she cannot stay behind from her group when they go back. May Allah reward you with good.
He replied:
With regard to the woman who got her menses before doing tawaf al-ifaadah, one of the two following scenarios must apply:
1. That she came from a distant land, such as Morocco, Pakistan, India and the like. In this case, according to the opinion of Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), she should take measures [to avoid any blood contaminating the mosque, by putting on a sanitary pad] and do tawaf, because this is a case of necessity.
2. If she came from a nearby land, such as if she resides in the Kingdom of Saudi Arabia, or she is from a Gulf country, then in this case it is not permissible for her to do tawaf whilst menstruating; rather she should wait until she becomes pure, or she should leave then come back after that, when she has become pure. If she leaves, then she is still in a state of ihram and she has not completed the second stage of exiting ihram, so it is not permissible for her husband to be intimate with her until she has completed the second stage of exiting ihram.
And Allah knows best.
