Invalid Marriages, - * What is the ruling on marrying a Jewish or Christian woman who is pregnant from a previous relationship?

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I am living in Portugal and I am Muslim, praise be to Allah. I have a question about marrying a non-Muslim woman (one of the People of the Book – Jewish or Christian) who believes in the existence of God, and she is pregnant from a man who did not marry her.
Is marriage to her valid, and does she have to observe ‘iddah like a Muslim woman?
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Praise be to Allah.
Firstly:
In order for marriage to a Jewish or Christian woman to be valid, it is stipulated that she should be chaste, because Allah, may He be exalted, says (interpretation of the meaning):
“(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”
[al-Maa’idah 5:5].
What is meant by “chaste women” in this verse is free (i.e., not slave) and chaste women from among the People of the Book. It is permissible for a Muslim man to marry them.
But if the woman is not chaste, then it is not permissible to marry her, regardless of whether she is Muslim or Jewish or Christian, until she repents.
Shaykh ‘Abd ar-Rahmaan as-Sa ‘di (may Allah have mercy on him) said: As for immoral women who do not refrain from zina (unlawful sexual relationships), it is not permissible to marry them, whether they are Muslim or Jewish or Christian, until they repent, because Allah, may He be exalted, says (interpretation of the meaning):“The adulterer marries not but an adulteress or a Mushrikah…” [an-Noor 24:3].
End quote from theTafseerof Shaykh as-Sa‘di (p. 221)
Based on that, it is not permissible for you to marry the woman mentioned, because the condition of chastity is not fulfilled in her case.
For more information, please see the answer to question no. 33656.
Secondly:
If a woman is pregnant from marriage or an illicit relationship, it is not permissible to marry her until her ‘iddah ends. The ‘iddah ends when her pregnancy ends, based on the report narrated by Abu Dawood (2185) from Ruwayfi‘ ibn Thaabit al-Ansaari (may Allah be pleased with him) who said: I heard the Prophet (blessings and peace of Allah be upon him) say: “It is not permissible for any man who believes in Allah and the Last Day to pour his water on the crop of another man (i.e., have intercourse with a pregnant woman).” Classed as hasan by Shaykh al-Albaani inSaheeh Sunan Abi Dawood
Based on that, if that woman repents from zina (illicit sexual relationship) and becomes chaste, then it is permissible for you to marry her after the end of her ‘iddah, which is when she gives birth. The same conditions are stipulated for marriage to a Christian woman as are stipulated for marriage to a Muslim woman, namely the permission of her guardian and the presence of witnesses, as has been explained in the answer to question no. 159297.
What has been explained above regarding this issue has to do with the shar‘i ruling. However with regard to advice, our advice is that a Muslim should not go ahead with such a marriage, firstly because there is no guarantee that this woman will not go back to her previous way of life, having illicit relationships. Moreover, marriage to a Christian or Jewish woman will have an impact on the religion and character of the children and of the husband in most cases. So refraining from such a marriage is preferable and safer.
Since even in marriages to chaste Jewish and Christian women there have been real-life negative consequences and problems, which would make a wise man hesitate and ask himself a hundred and one times before going ahead with such a marriage, then how will it be if the situation is as you have described? In that case you will have combined two troublesome matters. We ask Allah to keep you safe and sound.
And Allah knows best.

General Articles, - * If the husband disappears with out a trace, who is obliged to spend on his wife?

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What should a wife do if her husband has abandoned her but she wants to remarry? By this, I mean that a husband has disappeared without a trace and has been gone for a year. He has not left any maintenance for her. Are his family obliged to pay the maintenance? In any case, the wife now wants to remarry but how can she when she can't divorce him because he is missing?
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Praise be to Allah
Firstly:
If the husband is missing, in other words, if there is no word of him and his whereabouts is not known, then the wife should go to the Islamic judge, who can stipulate a specific time period, after which he may be presumed dead, according to whatever he sees fit. If that time period expires without any trace of him being found, then the judge may rule that the husband is presumed to have died, and his wife should observe the ‘iddah of one whose husband has died, which is four months and ten days. After doing that, it will become permissible for her to remarry.
But if the wife knows where he is, and he has forsaken her for this length of time, then this comes under the ruling on eelaa’ [a vow on the part of the husband who is able to have intercourse never to have intercourse with his wife, or not to have intercourse with her for more than four months]. In that case, the wife or her guardian should contact him, or refer the matter to the judge, who may force him to return to her, then if he refuses to do so, the judge may separate them by means of one divorce (talaaq) or annulment of the marriage.
For more information, please see the answer to question no. 178188.
Secondly:
Maintenance of the wife of a man who is absent or missing is due from her husband’s wealth during the period of his absence, and during the waiting period stipulated by the judge for the missing person to return.
If the husband left some wealth in his wife’s possession, then she may take from it what she needs for her maintenance, on a reasonable basis.
If his wealth is not in her possession, or he does not have any wealth, then she should refer the matter to the judge.
Regarding this issue there is a difference of opinion among the fuqaha’. The view that seems most likely to be correct is that the judge should order that her maintenance be paid for from the husband’s wealth if there is any such wealth, or he may give her permission to borrow money to spend on her own maintenance, then if it becomes clear that the husband has died, what she spent after his death is to be regarded as being part of her inheritance, because she is not entitled to maintenance from him after he dies.
Inal-Mawsoo‘ah al-Fiqhiyyah(50/41), it says: The fuqaha’ differed regarding the imposition on the husband of the wife’s maintenance, or the like, if he is absent.
The Maalikis, Shaafa‘is and Hanbalis are of the view that the wife’s maintenance must be paid for from her husband’s wealth, whether that is imposed by the judge at the wife’s request or otherwise. That is because of the report from the Messenger of Allah (blessings and peace of Allah be upon him) that he said to Hind, the wife of Abu Sufyaan: “Take (from his wealth) enough to suffice you and your children on a reasonable basis.” In this instance, the Prophet (blessings and peace of Allah be upon him) was making it obligatory for Abu Sufyaan to spend on his wife’s maintenance, although he was not present at that time.
Among the Hanafis there are two views regarding maintenance being obligatory upon a husband who is absent:
The first view is that the judge may oblige her absent husband to spend on her maintenance, so long as she requests that, because the problem is with the husband, and the wife should not be deprived of her maintenance. This is the view of Abu Hanifah, initially, and it is the view of an-Nakha‘i, because of the hadith of Hind mentioned above.
The second view is that the judge cannot impose maintenance, even if the wife requests it, and even if the judge knows that they are a married couple, because when the judge imposes something on one who is absent, it is like passing judgement against him, and the Hanafis have clearly stated that it is not permissible to pass judgement against someone who is absent, unless there is someone present who can defend him. In this case, there is no one who can do that. This is the final view of Abu Haneefah and it is also the view of Shurayh.
All of this applies if the husband is absent and there is no accessible wealth that he left behind.
But if he left behind some accessible wealth, then it is either in the possession of the wife or someone else.
If the wealth is in the possession of the wife, and is a kind of wealth that may be spent on her maintenance, then the Hanafis are of the view that she may spend on herself without instructions to that effect from the judge, because of the hadith of Hind, the wife of Abu Sufyaan, referred to above.
If the wealth is in the possession of someone else, and is a kind of wealth that may be spent on her maintenance, then the Hanafis differed about the wife taking her maintenance, on the instructions of the judge, from her husband’s wealth that is in the possession of other people, whether the husband left that wealth behind as a trust or it is owed to the husband by those people. There are two views:
Ibn Nujaym said: If he had no wealth at all, and she asked the judge to allocate some maintenance to her, then in our view the judge should not listen to this case and ask for proof, because it is like passing judgement against someone who is absent. But according to Zafar, the judge should listen to the case (and to the wife’s proof), but he should not pass judgement concerning the marriage, and he may issue instructions that maintenance be given to the wife from the husband’s wealth.
If the husband has no wealth, the judge may instruct her to borrow money, then if the husband returns and confirms that he is married to her, the judge should instruct him to repay the debt. End quote.
Ibn Qudaamah (may Allah have mercy on him) said: If the wife spends on herself from her absent husband’s wealth, then it turns out that he died before she began to spend on herself, then what she spent should be worked out and deducted from her inheritance, whether she spent it on her maintenance on her own initiative or on the instructions of the judge. This is the view of Abu’l-‘Aaliyah, Muhammad ibn Sireen, ash-Shaafa‘i and Ibn al-Mundhir, and I do not know of anyone who disagreed with them, because she spent that which she had no right to spend.
If there is anything left over (of the inheritance, after deducting what she had spent on her maintenance), then it is hers. If her inheritance did not cover it all, and she is entitled to the second part of the mahr (dowry), or her husband owed her a debt, then it will be counted as part of that maintenance. If she has nothing like that, then the difference (between her inheritance and what she spent on her maintenance) becomes a debt that she owes. And Allah knows best.
End quote fromal-Mughni(8/208).
Conclusion:
The wife should refer to the shar‘i judge if her husband has gone missing or is absent, and he has not left any wealth in her possession, so that the judge can issue a decree that she is entitled to maintenance, or he can give her permission to borrow money.
It is not permissible for a woman to remarry unless the judge issues her a divorce or issues a ruling that the missing husband is to be presumed dead and she observes the ‘iddah of one whose husband has died.
If this is in a non-Muslim country where there are no shar‘i courts, then the Islamic centres take the place of the shar‘i courts, so the wife should refer her case to them, so that they can investigate the matter, and their ruling concerning it is like the ruling of a judge. After that, she may go to the civil court in order to obtain official papers only, not to get the ruling,
And Allah knows best.

Rulings on Marriage, - * It is not permissible for a woman to marry her slave, according to the consensus of Muslim scholars

Is it permissible for a woman to have intercourse with her slave?
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Praise be to Allah
That is not permissible; rather it is an evil deed according to the
consensus of Muslim scholars, whether that is within the framework of
a marriage contract or otherwise, because she is his mistress or
owner.
Ibn Qudaamah (may Allah have mercy on him) said:
It is haraam for a slave to marry his mistress. Ibn al-Mundhir said:
The scholars are unanimously agreed that marriage of a woman to her
slave is invalid. Al-Athram narrated, with his isnaad from
Abu'z-Zubayr, who said: I asked Jaabir about a slave marrying his
mistress, and he said: A woman came to 'Umar ibn al-Khattaab, when we
were in al-Jaabiyyah. She had married her slave, and 'Umar rebuked her
and thought of stoning her, and he said: He is not permissible for
you.
If a woman owns her husband [i.e., if he is a slave or she bought him,
for example], her marriage becomes invalid. End quote.
Al-Mughni(7/113)
With regard to the words "It is permissible for a man to be intimate
with his slave woman whom he owns, by having intercourse and
otherwise, and it is not permissible for a woman to be intimate with
her slave, by having intercourse or otherwise," this is an example of
the perfect nature and wisdom of sharee'ah, because the master is in
charge of his slave, in control of him and owns him, and the husband
is in charge of his wife and in control of her, and she is subject to
his authority and control, somewhat like a prisoner. Hence the slave
is not allowed to marry his mistress, because of the contradiction
between his being her slave and her husband, and between her being his
mistress (owner) and his wife. This is something that is well-known on
the basis of common sense and rational thinking to be abhorrent, and
Islam, which is the wisest of all ways, is far above allowing such a
thing. End quote.
I'laam al-Muwaqqi'een(2/66)
Az-Zayla'i al-Hanafi (may Allah have mercy on him) narrated that there
was consensus on the invalidity of a slave's marriage to his mistress.
See:Tabyeen al-Haqaa'iq(2/109)
It says inal-Mawsoo'ah al-Fiqhiyyah(23/46-47):
If the owner is a woman and the slave is male, she has no right to be
intimate with him or to let him be intimate with her, and he has no
right to do any such thing. Rather he is haraam for her, and she is
haraam for him, whether she is single or married. Al-Qurtubi said: The
scholars are unanimously agreed on that. End quote. If she wants to
marry him, she is temporarily prohibited for him, i.e., so long as he
is her slave. So if she manumits him or sells him, it becomes
permissible for her to marry him, subject to the conditions of
marriage. Ibn al-Mundhir narrated that there was scholarly consensus
on the invalidity of a woman's marriage to her slave, and that it is
haraam to engage in intercourse and the things that lead to it, such
as kissing, embracing, touching and looking with desire. End quote.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
In the case of a slave woman, it is permissible for her master to have
intercourse with her, but is it permissible for a slave to have
intercourse with his mistress, with her permission, because Allah, may
He be exalted, says (interpretation of the meaning):"except those
(captives and slaves) whom your right hands possess" [an-Nisa' 4:24]?
He replied:
That is an evil deed. Rather this applies only to men. Allah, may He
be exalted, says (interpretation of the meaning):
"And those who guard their chastity (i.e. private parts, from illegal
sexual acts)
Except from their wives or (the captives and slaves) that their right
hands possess, for then, they are free from blame"
[al-Mu'minoon 23:5, 6].
What is meant here is slave women. The master has the right to be
intimate with his legitimate wife and his legitimate slave woman whom
he owns in a legitimate manner according to sharee'ah. But in the case
of a male slave, it is not permissible for him to be intimate with his
mistress, or to kiss her or have intercourse with her. This is an evil
act according to the consensus of Muslim scholars. He does not have
the right to be intimate with his mistress, by intercourse or
otherwise. Rather he is to serve her by doing what she instructs him
to do, and she does not have to observe hijab in front of him, but he
is not a mahram for her.
And Allah knows best.

Rulings on Marriage, - * Was there anyone among the Sahaabah who did not get married because of seeking knowledge?

If there were any Sahabi who didnt get married because of the acquiring knowledge?
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Praise be to Allah
The Prophet (blessings and peace of Allah be upon him) encouraged marriage, and instructed and urged people to get married. Al-Bukhaari (5063) and Muslim (1401) narrated from Anas that a group of Sahaabah of the Prophet (blessings and peace of Allah be upon him) asked the wives of the Prophet (blessings and peace of Allah be upon him) about what he did in private. One of them said: I will not marry women. Another said: I will not eat meat. Another said: I will not sleep in a bed. He (the Prophet (blessings and peace of Allah be upon him)) praised and extolled Allah, then he said: “What is the matter with people who say such and such? I pray and I sleep, I fast and I break the fast, and I marry women. Whoever turns away from my Sunnah is not of me.”
Ibn Maajah (1846) narrated that ‘Aa’ishah said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Marriage is part of my Sunnah, and whoever does not follow my Sunnah has nothing to do with me.”
Classed as hasan by al-Albaani inSaheeh Ibn Maajah.
We do not know of anyone among the Sahaabah (may Allah be pleased with them) who refrained from marriage because of seeking or spreading knowledge. The scholars among the Sahaabah, who narrated hadith, and from whom knowledge and understanding of the religion was learned, and had students who learned from them, were all married. We do not know of anyone among them who refrained from marriage or who told any of his students to do so in order to be free to learn and study, or for any other purpose.
They include the Rightly-Guided Caliphs, Abu Bakr, ‘Umar, ‘Uthmaan and ‘Ali (may Allah be pleased with them).
They also include the commanders of armies, such as ‘Amr ibn al-‘Aas, Abu ‘Ubaydah ibn al-Jarraah, Khaalid ibn al-Waleed, Shurahbeel ibn Hasanah and others (may Allah be pleased with them all).
The same is true of most of the Sahaabah who narrated Prophetic hadith, such as Abu Hurayrah, Abu Sa‘eed, Anas ibn Maalik, ‘Abdullah ibn ‘Umar, ‘Abdullah ibn ‘Abbaas, ‘Abdullah ibn ‘Amr and others (may Allah be pleased with them all).
At-Tirmidhi (3790) narrated that Anas ibn Maalik said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The most compassionate of my ummah towards my ummah is Abu Bakr; the strictest of them in adhering to the command of Allah is ‘Umar; the most sincere of them in modesty is ‘Uthmaan ibn ‘Affaan; the most knowledgeable of them about halaal and haraam is Mu‘aadh ibn Jabal; the most knowledgeable about shares of inheritance is Zayd ibn Thaabit; the most knowledgeable of them about recitation of Qur’an is Ubayy ibn Ka‘b. Every nation has a trustee, and the trustee of this ummah is Abu ‘Ubaydah ibn al-Jarraah.”
Classed as saheeh by al-Albaani inSaheeh at-Tirmidhi
All of these men got married, including Mu‘aadh ibn Jabal, the most knowledgeable of this ummah about halaal and haraam.
Whoever seeks knowledge will find out that part of the knowledge that he seeks encourages and urges people to get married.
The one who combines pursuit of knowledge with marriage has combined two good things and is following the example of the leaders of Islam, the Sahaabah and Taabi‘een, and those who followed them in truth.
And Allah knows best.
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Islamic Article

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ப்ராஹீம், இஸ்மாயீல் என்ற மகத்தான நபிமார்களைக் கடந்து வரலாற்றில் உயர்ந்து நிற்கும் மற்றொரு பெயர் இப்ராஹீம் நபியின் மனைவியான ஹாஜிராவின் பெயர். இந்த அம்மையாரின் தியாகம் கணவரையும், மகனையும் விஞ்சி நிற்பது.
இறைக்கட்டளையால் திக்கற்ற நிலையில் பாலைவனத்தில் பரிதவித்து நின்ற வரலாற்று நாயகி இவர். கையில் பச்சிளங்குழந்தையோடு (இஸ்மாயீல்) இறையருள் என்ற ஒற்றை ஆதரவு தவிர, வேறு எதுவுமின்றித் தவித்து நின்றவர். கொடுக்கப் பால் இன்றி அழுதழுது நின்ற குழந்தையின் தாகம் தீர்க்க ஒரே ஒரு சொட்டு குடிநீராவது கிடைக்காதா என்று சபா, மர்வா மலைகளுக்கிடையே ஓடோடித் தவித்தவர். அந்த அபலைப் பெண்மணியின் தவிப்பும் அலைக்கழிப்பும் இறைவனின் பேரருளுக்கு ஆளானது. தாகத்தால், அழுது புரண்டுகொண்டிருந்த குழந்தையின் காலடியிலேயே ஜம் ஜம் என்ற வற்றாத நீரூற்றாய் பெருக்கெடுத்தது. ஆயிரக்கணக்கான ஆண்டுகளையும் தாண்டி லட்சக்கணக்கான ஹஜ் புனிதப் பயணிகளின் தாகம் தீர்க்கும் அற்புத நீரூற்றைப் பெற்றுத் தந்தவர் அம்மையார் ஹாஜிரா.
‘ஜம் ஜம்’ நீரூற்றின் ஒவ்வொரு துளி நீரிலும் அந்த அம்மையாரின் தவிப்பை இன்றளவும் புனிதப் பயணிகள் உணர்வது தவிர்க்க இயலாதது.
ஹாஜிரா அம்மையாரின் தவிப்பை வெளிப்படுத்தும் விதமாகவே, துல்ஹஜ் மாதத்தில் மேற்கொள்ளப்படும் கஅபாவை சந்திக்கும் ஹஜ் பயணத்திலும் அல்லது மற்றகாலங்களில் மேற்கொள்ளப்படும் உம்ராவிலும், சபா, மர்வா மலைகளுக்கிடையே ஹாஜிரா அம்மையாரின் தியாக வரலாற்றை நினைவுறுத்தும் விதமாக புனிதப் பயணிகள், ‘ஸயீ ’ எனப்படும் தொங்கோட்டம் ஓடுகிறார்கள்.
“எங்கள் இறைவனே..! எங்கள் குற்றங்குறைகளை மன்னித்தருள்வாயாக! எங்களிடம் உள்ள தீமைகளை அகற்றுவாயாக..! எங்களை நல்லவர்களுடன் மரணிக்கச் செய்வாயாக..! தூதர்களின் வாயிலாக நீ அளித்த வாக்குறுதிகளை நிறைவேற்றித் தந்தருள்வாயாக..! மேலும், மறுமை நாளில் எங்களைக் கேவலப்படுத்தி விடாதே..! திண்ணமாக நீ வாக்குறுதி மீறாதவன் ஆவாய்..!” – என்று இறைநம்பிக்கையாளர்களின் பிரார்த்தனைக்கு இறைவன் இப்படி பதில் அளிப்பதை திருக்குர்ஆன் எடுத்துரைக்கிறது:
“உங்களில் எவருடைய நற்செயலையும் நான் வீணாக்க மாட்டேன். அவர் ஆணாயினும் சரி.. பெண்ணாயினும் சரியே! நீங்கள் ஒருவர் மற்றொருவரிடமிருந்து தோன்றிய ஒரே இனத்தவரே!”
இந்த நல்லுரைகள் ஹாஜிரா அம்மையாரின் தியாகத்துக்கும் பெண்ணினத்துக்கும் இறைவன் தரப்பிலிருந்து கிடைக்கும் சமத்துவச் சிறப்பாகும்.

Islamic Article

இ

ப்ராஹீம், இஸ்மாயீல் என்ற மகத்தான நபிமார்களைக் கடந்து வரலாற்றில் உயர்ந்து நிற்கும் மற்றொரு பெயர் இப்ராஹீம் நபியின் மனைவியான ஹாஜிராவின் பெயர். இந்த அம்மையாரின் தியாகம் கணவரையும், மகனையும் விஞ்சி நிற்பது.

இறைக்கட்டளையால் திக்கற்ற நிலையில் பாலைவனத்தில் பரிதவித்து நின்ற வரலாற்று நாயகி இவர். கையில் பச்சிளங்குழந்தையோடு (இஸ்மாயீல்) இறையருள் என்ற ஒற்றை ஆதரவு தவிர, வேறு எதுவுமின்றித் தவித்து நின்றவர். கொடுக்கப் பால் இன்றி அழுதழுது நின்ற குழந்தையின் தாகம் தீர்க்க ஒரே ஒரு சொட்டு குடிநீராவது கிடைக்காதா என்று சபா, மர்வா மலைகளுக்கிடையே ஓடோடித் தவித்தவர். அந்த அபலைப் பெண்மணியின் தவிப்பும் அலைக்கழிப்பும் இறைவனின் பேரருளுக்கு ஆளானது. தாகத்தால், அழுது புரண்டுகொண்டிருந்த குழந்தையின் காலடியிலேயே ஜம் ஜம் என்ற வற்றாத நீரூற்றாய் பெருக்கெடுத்தது. ஆயிரக்கணக்கான ஆண்டுகளையும் தாண்டி லட்சக்கணக்கான ஹஜ் புனிதப் பயணிகளின் தாகம் தீர்க்கும் அற்புத நீரூற்றைப் பெற்றுத் தந்தவர் அம்மையார் ஹாஜிரா.

 

‘ஜம் ஜம்’ நீரூற்றின் ஒவ்வொரு துளி நீரிலும் அந்த அம்மையாரின் தவிப்பை இன்றளவும் புனிதப் பயணிகள் உணர்வது தவிர்க்க இயலாதது.

ஹாஜிரா அம்மையாரின் தவிப்பை வெளிப்படுத்தும் விதமாகவே, துல்ஹஜ் மாதத்தில் மேற்கொள்ளப்படும் கஅபாவை சந்திக்கும் ஹஜ் பயணத்திலும் அல்லது மற்றகாலங்களில் மேற்கொள்ளப்படும் உம்ராவிலும், சபா, மர்வா மலைகளுக்கிடையே ஹாஜிரா அம்மையாரின் தியாக வரலாற்றை நினைவுறுத்தும் விதமாக புனிதப் பயணிகள், ‘ஸயீ ’ எனப்படும் தொங்கோட்டம் ஓடுகிறார்கள்.

“எங்கள் இறைவனே..! எங்கள் குற்றங்குறைகளை மன்னித்தருள்வாயாக! எங்களிடம் உள்ள தீமைகளை அகற்றுவாயாக..! எங்களை நல்லவர்களுடன் மரணிக்கச் செய்வாயாக..! தூதர்களின் வாயிலாக நீ அளித்த வாக்குறுதிகளை நிறைவேற்றித் தந்தருள்வாயாக..! மேலும், மறுமை நாளில் எங்களைக் கேவலப்படுத்தி விடாதே..! திண்ணமாக நீ வாக்குறுதி மீறாதவன் ஆவாய்..!” – என்று இறைநம்பிக்கையாளர்களின் பிரார்த்தனைக்கு இறைவன் இப்படி பதில் அளிப்பதை திருக்குர்ஆன் எடுத்துரைக்கிறது:

“உங்களில் எவருடைய நற்செயலையும் நான் வீணாக்க மாட்டேன். அவர் ஆணாயினும் சரி.. பெண்ணாயினும் சரியே! நீங்கள் ஒருவர் மற்றொருவரிடமிருந்து தோன்றிய ஒரே இனத்தவரே!”

இந்த நல்லுரைகள் ஹாஜிரா அம்மையாரின் தியாகத்துக்கும் பெண்ணினத்துக்கும் இறைவன் தரப்பிலிருந்து கிடைக்கும் சமத்துவச் சிறப்பாகும்.

Marriage Contract, - * She committed zina before her wedding and got pregnant, then had a miscarriage. Is her marriage valid?

I had an affair with a guy a week to my wedding with a different person.Some months later I discovered that Im pregnant for the first guy not my husband.I had a miscarriage and later became pregant for my husband.Uptil now nobody knew about this,at times i feel like confessing but he esitat .
My question here is please how valid is my marriage and how does this affect my child islamically?.
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Praise be to Allaah.
Firstly:
If this immoral action came after the marriage contract was done, even if it was before the wedding party, then this marriage of yours is valid but you have to repent from this sin that you fell into.
Ibn Qudaamah (may Allah have mercy on him) said:
If the wife of a man commits zina, or her husband commits zina, the marriage contract is not rendered invalid, whether that happens before or after consummation, according to the opinion of most of the scholars.
End quote fromal-Mughni, 9/565
Secondly:
If this zina took place before the marriage contract was done, the marriage contract is not valid unless it was done after establishing that there was no pregnancy by waiting for one menstrual cycle, according to the more correct opinion.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Marriage to a zaaniyah (a woman who has committed fornication) is haraam until she repents, whether the one who committed zina with her is the bridegroom himself or someone else. This is the correct opinion beyond a doubt, and it is the opinion of a number of the earlier and later scholars, including Ahmad ibn Hanbal and others. Many of the earlier and later scholars were of the view that it is permissible, and this is the view of the three, but Maalik stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle, and Abu Haneefah regarded it as permissible to do the marriage contract before waiting for one menstrual cycle if she is pregnant, however if she is pregnant it is not permissible to have intercourse with her until she gives birth. Ash-Shaafa‘i regarded it as permissible to do the marriage contract and to have intercourse in all cases, because the water (semen) of the zaani has no value in sharee‘ah and the ruling is that no child is to be attributed to him. This is his justification for his opinion. Abu Haneefah differentiated between the one who is pregnant and the one who is not, because if (the husband) has intercourse with the one who is pregnant, he will be attributing to himself a child who definitely is not his, which is different from the case of one who is not pregnant. Maalik and Ahmad stipulated that it should be established that there is no pregnancy (by waiting for one menstrual cycle), which is the correct view. But Maalik and Ahmad, according to another report, stipulated that it should be established that there is no pregnancy by waiting for one menstrual cycle. The other report from Ahmad is that which is followed by many of his companions such as al-Qaadi Abu Ya‘la and his followers, which is that it is essential to wait for three menstrual cycles. However the correct view is that all that is required is to establish that there is no pregnancy (by waiting for one menstrual cycle). End quote.
Majmoo‘ al-Fataawa, 32/110
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said inash-Sharh al-Mumti‘(13/382): Rather the opinion narrated from Abu Bakr and a number of the Sahaabah (may Allah be pleased with them) is that there is no ‘iddah at all for the woman who committed zina, and there is no requirement to establish that there is no pregnancy, especially if she has a husband, because of the words of the Messenger (blessings and peace of Allah be upon him): “The infant is to be attributed to the husband of the woman (who gave birth to him).” Rather if a man knows that his wife has committed zina – Allah forbid – and has repented, he should have intercourse with her immediately, so that no doubt will remain in his heart in the future as to whether she became pregnant as a result of zina or not. If he has intercourse with her immediately, the child will be assumed to be from the husband and not from the zaani (adulterer).
But if the woman who committed zina (fornication) did not have a husband, it is essential to establish that there is no pregnancy by waiting for one menstrual cycle, according to the correct opinion. End quote.
Thirdly:
Because this issue is the subject of a considerable difference of opinion among the scholars, and because annulling the marriage and admitting zina after this length of time will lead to a great deal of trouble and disclosing that which Allah had concealed for you, and will expose you to turmoil, we think – and Allah knows best – that in this case you do not have to tell your husband about what happened in order to renew the marriage contract. In the other scholarly opinion mentioned above, according to which some of the scholars are of the opinion that it is not essential to establish that there is no pregnancy, there is some leeway.
This, as we have said, applies if the zina took place before the marriage contract was done and before it was established that there was no pregnancy.
As Allah has concealed you, you must also conceal yourself and do not breach the concealment of Allah. al-Bukhaari (6069) and Muslim (2990) narrated that Abu Hurayrah (may Allah be pleased with him) said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “All of my ummah will be fine except those who commit sin openly, and it is part of committing sin openly for a man to do something at night, then in the morning when his Lord has concealed him he says: O So and so, I did such and such last night, when his Lord had concealed him all night, but in the morning he discloses that which Allaah had concealed for him.”
And Muslim (2590) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Allaah does not conceal a person in this world but Allaah will conceal him on the Day of Resurrection.”
Al-Bayhaqi (18056) narrated from Ibn ‘Umar that the Messenger of Allah (blessings and peace of Allah be upon him) said, after the stoning of al-Aslami: “Avoid this filth that Allah has forbidden, and whoever falls into it, let him conceal himself with the concealment of Allah, may He be glorified and exalted.”
Classed as saheeh by al-Albaani inas-Saheehah(663).
Fourthly:
Your son is a legitimate son of your husband, and there is no problem concerning him, in sha Allah.
With regard to the foetus whom you aborted, if that happened before the soul was breathed into him – i.e., before four months – then there is no expiation or diyah required for him. However you are required to repent, feel regret and pray for forgiveness.
If that happened after four months, then you have to pay the diyah and offer expiation.
The diyah is to free a male or female slave; if that is not possible then you must pay the equivalent, which is five camels.
With regard to the expiation, it is to free a slave. If that is not possible, then you must fast for two consecutive months.
And Allah knows best.

Marriage Contract, - * The father said: I give my daughter in marriage to So and so, in front of Muslim witnesses, then he changed his mind and recanted his words

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A father says that he gives his daughter in marriage to X in front of Muslim witnesses, including two males, and gives them permission to inform friends and family relatives about it. After everybody has been informed and the boy has given the mehr to the girl, the father changes his mind.
Is it permissible for the father to stop them from starting to live together? Are they considered to be married or not?
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Praise be to Allah.
The marriage contract is completed with the proposal and acceptance. The proposal is when the wife’s guardian says, “I give So and so to you in marriage.” The acceptance is when the groom says, “I accept” or “I accept marriage to So and so.” It is not essential for it to be in these exact words; rather the marriage contract is completed by whatever phrases indicate marriage.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The basic principle is that all contracts are completed by means of whatever signifies them according to custom, whether it is in the words mentioned or otherwise, in the case of the marriage contract and other contracts. This is the correct opinion and it is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him).
End quote fromash-Sharh al-Mumti‘, 12/40
And he (may Allah have mercy on him) said: Some of the scholars stipulated specific phrases in some contracts and said that they must be used, as in the marriage contract for example, where they said that it is essential (for the guardian) to say: “I give to you in marriage…”, and for (the groom) to say, “I accept.”
Other scholars say that all contracts are completed by means of whatever phrases signify them according to custom. This view is the one that is correct, and this is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him), because transactions are not acts of worship in which one should adhere strictly to what has been narrated; rather they are transactions between people. So whatever people regard as a sale is a sale, whatever they regard as a pledge (or mortgage) is a pledge (or mortgage), whatever they regard as a waqf (endowment) is a waqf, and whatever they regard as marriage is marriage.
The correct opinion is that there is no specific format for any contract; rather the contract is completed by means of that which signifies it, and no one can prove that there is any difference between sale transactions and other types of transactions. If they say, for example, that Allah mentioned marriage by using the word nikaah, we say: likewise, He mentioned sales by using the word bay‘; are you saying that it is essential to say, “Bi‘tu (I have sold)”? They will say that this is not essential, as buying and selling are done by whatever wording signifies that according to custom, with a proposal and acceptance (after the proposal).
End quote fromash-Sharh al-Mumti‘, 8/101
If the father of the girl said: “I have given my daughter in marriage to So and so,” and the husband responded in a way that signified acceptance, then the proposal and acceptance have taken place.
Moreover, there are essential conditions for marriage which must be met: there should be consent from both spouses, and the marriage contract should be done by the woman’s guardian issuing his proposal in the presence of two witnesses. If these conditions were met, then the marriage has been done and the guardian does not have the right to retract it or annul it unless there is a reason that makes annulment permissible, such as annulment due to a physical defect (in one of the spouses) or annulment for going against the conditions.
Our advice is to refer the matter to a scholar whom you trust, so that he can listen to the guardian, and the husband and wife.
We ask Allah to help and guide us and you.
And Allah knows best.

Invalid Marriages, - * My sister is married in a sunni family who have got their daughter married in an ahmaddiya family.So, can have good relation with my sisters family or should i abandon her family because they are having relations with ahmaddiyas.

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Ruling on interacting with a Muslim family whose daughter is married to a disbeliever
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Praise be to Allah.
Firstly:
The Ahmadiyyah – or Qadianiyyah – are a sect that is beyond the pale of Islam.
In a fatwa of the Standing Committee for Academic Research and Issuing Fatwas (2/220) it says:
Question: what is the ruling on this new religion and its followers, i.e., a religion that is called Ahmadiyyah, whose missionaries warn people against some verses of the Qur’an or names of Allah, and they forbid sending blessings upon the Prophet (blessings and peace of Allah be upon him)? Where and when did this religion originate? What is the ruling on those who turn away from it?
Praise be to Allah alone, and blessings and peace be upon His Messenger and his family and companions… To proceed:
Answer: The Pakistani government has issued a ruling that this sect is outside of Islam. The Muslim World League in Makkah has also issued a ruling to that effect. The Conference of Islamic Organizations that was held by the League in 1394 AH has published an essay which outlines the principles of this sect, and how and when it originated, and other facts about it.
To sum up: it is a sect which claims that the Indian Mirza Ghulam Ahmad was a prophet who received revelation, and that no person’s Islam is valid unless he believes in him. He was born in the thirteenth century AH, but Allah, may He be glorified, stated in His holy Book that our Prophet Muhammad (blessings and peace of Allah be upon him) is the seal of the Prophets (i.e., the last Prophet), and the Muslim scholars are unanimously agreed on that. Hence anyone who claims that there is any prophet after him who receives revelation from Allah, may He be glorified and exalted, is a kaafir (disbeliever) because he has disbelieved in the Book of Allah, may He be glorified and exalted, and he has disbelieved in the saheeh hadeeths from the Messenger of Allah (blessings and peace of Allah be upon him) which indicate that he is the Seal of the Prophets, and he has gone against the consensus of the ummah.
And Allah is the source of strength; may Allah sent blessings and peace upon Allah Prophet Muhammad and his family and companions.
Standing Committee for Academic Research and Issuing Fatwas.
‘Abdullah ibn Qa‘ood, ‘Abdullah ibn Ghadyaan, ‘Abd ar-Razzaaq ‘Afeefi, ‘Abd al-‘Azeez ibn Baaz.
End quote.
Based on that, it is not permissible for a Muslim woman to marry a man from this sect, because it is not permissible for a Muslim woman to marry a disbeliever.
Allah, may He be exalted, says (interpretation of the meaning):
“And give not (your daughters) in marriage to Al-Mushrikoon till they believe (in Allah Alone)”
[al-Baqarah 2:221].
At-Tabari (may Allah have mercy on him) said:
What Allah, may He be exalted, means in this verse is that He has forbidden believing women to marry amushrik(polytheist) of any type. So do not, O Muslim men, give them (Muslim women) in marriage to them (mushrikeen), for that is forbidden to you.
End quote fromTafseer at-Tabari, 4/370
Allah, may He be exalted, says (interpretation of the meaning):
“O you who believe! When believing women come to you as emigrants, examine them, Allah knows best as to their Faith, then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them. But give the disbelievers that (amount of money) which they have spent (as their Mahr) to them”
[al-Mumtahinah 60:10].
Ibn Katheer (may Allah have mercy on him) said:
Allah says: “they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them”. This verse is the one which prohibited Muslim women to mushrik men.
End quote.Tafseer al-Qur’an al-‘Azeem, 13/521
This family whose daughter is married to an Ahmadi man has gone against the ruling of Allah, may He be exalted, and has given their daughter in a marriage that is invalid according to scholarly consensus, and this has made her vulnerable to joining the kaafir sect of her husband, as usually happens.
For more information, please see fatwa no. 144765
Secondly:
What is your duty with regard to this family?
If this family is unaware of the Islamic ruling on the Ahmadiyyah or is unaware of the prohibition on marriage of a Muslim woman to a kaafir, then what you must do in this case is teach them and alert them to this fact.
That is because the Prophet (blessings and peace of Allah be upon him) said: “Whoever among you sees an evil action, then let him change it with his hand [by taking action]; if he cannot, then with his tongue [by speaking out]; and if he cannot, then with his heart – and that is the weakest of faith.”
Narrated by Muslim, 78.
You will attain a great reward for teaching them about the Islamic rulings of which they are unaware.
The Messenger of Allah (blessings and peace of Allah be upon him) said: “Verily Allah and His angels, and the inhabitants of the heavens and the earth, even the ant in its hole and the fish, invoke blessings upon the one who teaches the people good things.”
Narrated by at-Tirmidhi, 2685; classed as saheeh by al-Albaani inSaheeh Sunan at-Tirmidhi, no. 2685
But if this family is aware of the ruling on the Ahmadiyyah sect, and knows that it is a kaafir sect that is beyond the pale of Islam, and they know that a marriage between a kaafir man and a Muslim women is haraam, but they did not pay attention to that, then in that case there is nothing wrong with shunning them for the sake of Allah, so as to be harsh with them, denounce the evil deeds, express disavowal of their action and deter them from this way.
Al-Bukhaari (may Allah have mercy on him) said:
Chapter on what is permissible of shunning one who has committed sin.
Ka‘b said, when he lagged behind and did not join the Prophet (blessings and peace of Allah be upon him) – i.e., he failed to join the campaign to Tabook: The Prophet (blessings and peace of Allah be upon him) forbade the Muslims to speak to us… And he mentioned fifty days.
End quote fromFath al-Baari(10/497).
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
What is meant by this report is to highlight the kind of shunning that is permissible, because the general meaning of the prohibition on shunning a Muslim applies only in the case of one who is not being shunned for a legitimate shar‘i reason. But here the reason for shunning is explained, which is that it is directed at a person who committed a sin, so it is justified for the one who sees him doing that to shun him for that reason, so that he will stop doing it.
End quote fromFath al-Baari, 10/497
Moreover there is a greater reason to shun people in such cases, those who commit crimes and sins, if a Muslim fears that if he mixes with them he may be influenced by their sins, or he may join them in that, or that he may be spoken ill of, or that it may be detrimental to his religious commitment or his worldly interests
Ibn ‘Abd al-Barr (may Allah have mercy on him) said:
My view is that if a person fears that sitting with him or talking to him may be detrimental to his religious commitment or worldly interests, and may increase enmity and resentment, then shunning him and keeping away from him is better than staying close to him, because that will protect you from slipping and from his specious arguments against what you believe is correct, and you will not be safe from the bad consequences of mixing with them. Shunning (in a peaceful manner) may be better than mixing which may lead to trouble.
End quote fromal-Istidhkaar, 26/149-150
In fact whether you should continue your ties with this family, or denounce them, or shun them, depends on the nature of the relationship between you and them, and what shunning is likely to lead to of serving a legitimate shar‘i interest or may lead to negative consequences that outweigh any shar‘i interest. Moreover we think that what is usual in such cases is that your relationship with them is not strong, and there is no direct connection between you and a family such as this; rather the matter has to do with your sister who is married to one of them, and does not have anything to do with you.
Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) said:
Shunning varies according to how strong or weak, and how few or how numerous the people who are doing the shunning are. The purpose is to rebuke and discipline the person being shunned and to deter the masses from doing likewise.
If the purpose is more likely be to achieved by shunning, and it will weaken and reduce the evil, then it is prescribed, but if the person being shunned and others will not be deterred by that, rather the evil will increase, and the person doing the shunning is weak and the bad consequences will outweigh the good, then shunning is not prescribed, rather softening the hearts of some people is more effective than shunning.
End quote fromMajmoo‘ al-Fataawa, 28/206
And Allah knows best.