Fathwa - A case of incestuous marriage based on doubtof lineage

Question
Assalaamu alikum wr wb,Three months ago, our daughter moved back home
with us from her (my husband's brother) uncle and Aunty's house , a
few weeks later we found out that in the pastfour years she and her
uncle were married secretly, on the grounds that her father is not
really her father - she stating that she has done DNA test between her
and her uncle and there is no relation., and the uncle state that
based on (raba'ib). They kept this marriage hidden from anyone &
everyone ( except those involved, 3 of the uncles friends & whoever
married them) even from his first wife (Aunty) until late last year.
They still continue this relationship even now & even though we have
said her father is her biological father & for her to stop. From
Islamic point of view, I would like to know: Parenthood: A) the
prophet said the child belong's to the man of whom the women she slept
with, therefor I declare by Allah SWT that my current husband is the
biological father of her, there is no benefit for me to lie as I have
gone through bad life experiences and choices and I have disclosed
them to my family about my past. Marriage: B) my daughter at age of 16
year, supposedly she appointed a friend of heruncle as her wali, while
her father and her (elder brothers who are Muslims but not fully
practicing) are there, does she have right to dothis ?, will this
marriage be nullified based upon rights of father? Correction: C) what
must be done to correct this mess, including what steps one must take
to correct the relationship with Allah SWT first and foremost(tubah)
then towards her parents, family and community. D)what must Aunty do
to retain her marriage or what choice she has, noting that she is
pregnant with 3months to go. E) what we must do as parents and Aunty
towards them if they choose to live a live of sin? Please respond to
this as soon as possible, and ifpossible please retain ourdetails and
this question from publishing if possible.
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.
If the case is as you have stated that that man is the paternal uncle
of your daughter, then marrying her is a grave sin and it is invalid.
That is because it is a form of incest and requires Hadd (i.e.
corporal punishment) according to the opinion of the majority of
scholars for the one who did it while he knows well its prohibition,
and the childcannot be attributed to him in that case unlike if he did
it ignorantly, i.e. he will not be subjected to Hadd and the child
willbe attributed to him. For details, kindly refer to Fatwa 87416 .
Accordingly, it is not permissible for him to have sexual intercourse
with her; rather, they must be separated; her guardian must be firm
with her and not let him approach her. The DNA testing is not taken
into account, for DNA testing is not relied upon in denying the
confirmed lineage as stated in a decision made by the Islamic Fiqh
Council concerning this, which reads: " It is not permissible to use
DNA analysis to confirm the paternity of children whose lineage has
already been legally confirmed. The concerned authorities are to
prevent this, and impose deterring sanctions in this regard in order
to protect people's reputations and to safeguard their lineage. " For
more benefit, p lease refer to Fataawa 122944 and 90098 .
If the laws in your country do not grant you the right to separate
between them, you should try to bring her toa Muslim country to raise
the case to a Sharee'ah-based court.
Thus, if this marriage is invalid in principle and according to the
consensus of scholars, there is no point to discuss the fact that your
daughter appointed a friend as her Wali or the like. If she turns to
Allaah The Almighty in sincere repentance, then Allaah The Almighty
will accept her repentance as He TheExalted has promised saying (what
means): { But indeed, I am the Perpetual Forgiver of whoever repents
and believes and does righteousness and then continues in guidance. }
[Quran 20:82]
Also, Abu Hurayrah narrated that the Messenger of Allaah , said: "
Whoever repents before the sun rises from the west, Allaah will accept
his repentance. " [Muslim]
For more benefit on the conditions of repentance,please refer to Fatwa 86527 .
In case she repents, she should be treated kindly and not be blamed
for what she had done in thepast. Also, she has to please her parents
for she made them angry because of her actions. But if she insists on
having a relationship with her paternal uncle and it is not possible
to separate them, then she and her uncle should be deserted if it is
expected that deserting them will be beneficial for them. Indeed,
deserting the sinner is permissible if there is a benefit to be
fulfilled by that as scholars explained. For more benefit, please
refer to Fatwa 18611 .
As for the uncle's wife, if her husband insists on having a
relationship with his niece, then we advise her to seek divorce from
him and notremain with him in marriage for there is no good for her in
living with a man who commitsincest.
Finally, we should note that whoever committed a sin has to, along
with repenting from it, conceal his sin and not tell anyone in order
not to remove the screen of Allaah The Almighty for the Prophet ,
said: " Whoever has committed any of such filth should conceal himself
with the concealment of Allaah. " [Al-Bayhaqi and Maalik
inAl-Muwatta']
Allaah Knows best.

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Fathwa - She needs to study alone in Europe without a Mahram

Question
As-salamu alaikum, My question is about travelling without a mahram. I
was living in a place in Africa where there were a lot of Muslims. I
reverted to Islam there. Many there followed Sufi practices and had
other views which I felt uncomfortable with. Due to another issue, I
returned to my country in Europe with the intention of completing my
studies so that I could later move to a Muslim country where it seems
that Islam is practiced more correctly. The only way I have found to
do this is to have a university degree and work as a teacher (I have
teaching experience). When I returned to my country, I found out that
travelling without a mahram is haraam. I discovered that to complete
my studies I would have to spend a period in another European country,
and I travelled there, hoping it would be permissible to do so because
it was a necessary part of my plantowards making hijra. After I
arrived here, I doubted whether that was correct. I still want tomake
hijra in sha Allah because life in Europe is very difficult – I don't
feelat all inclined to their way of life, but I suffer from a lot of
waswasa and being surrounded bynon-Muslims and hearingtheir ideas
confuses me and I find it hard to remember what I have learned of
Islam correctly. Now I'm facing a dire situation: at the end of my
study period here in two months' I willhave nowhere to stay, nomoney
for food, no family, I don't know of any halal work to meet my needs
and I can't make hijra directly because I haven't finished my degree.
So which is correct: stay here, go back to Africa where there are
mostly Muslims but many doubtful practices, or go back to my own
country, complete the final year ofmy studies and then try to make
hijra? My non-Muslim mahrams arein my country and do nothave the
custom of supporting women financially; they expect usto be
independent and fend for ourselves. The only time a mahram travelled
with me was when he planned to go to the country anyway. Jazakum
Allahu khairan
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.
First of all, we congratulate you for the favor of embracing Islam.We
ask Allaah to protect you and your religion, and make us and you firm
upon it until death so that we may inherit Paradise and abide therein
eternally.
There is no doubt that it is not permissible for a woman to travel
without a Mahram except if there is a necessity. The Mahram is only
stipulatedin travelling and not while residing. Accordingly, there is
no blame on you to stay in the country you are in to complete your
study. However, you should strive to be in a place in which you feel
safe for yourself. For more benefit, please refer to Fatwa 121191 .
We advise you to call Islamic Centers to learn about Islam there and
get to know some of your good Muslim sisters. Also, you may benefit
from some of the beneficial websites such as ours (Islamweb) and other
websites that refute the suspicious arguments of Christians and
atheists such as the website of Sheykh AhmadDeedat :
www.ahmed-deedate.co
If you need any help, youcan seek the help of Muslims in the country
you are in, and if you marry a good Muslim man, this may solve your
problems. For your knowledge, it is permissible for a Muslim woman to
search for a husband or introduce herself to the one whom she wants to
marry on condition that she shouldabide by the Islamic guidelines as
we have pointed out in Fatwa 82471 .
If you eventually are to choose between the three options you
mentioned, then we advise you to immigrate to a Muslim country in
which you will be safe for your religion or that African country that,
as you mentioned, has a Muslim majority for this may be better than
staying in Europe.
You should know that a Muslim woman is allowedto travel without a
Mahram when immigrating from a non-Muslim country to a Muslim one as
stated by scholars for the necessity of preserving her religion. For
more benefit, please refer to Fatwa 86565 .
Finally, we would like to note that Sufis are Muslims in general;
however, they practice many matters that involve Shirk and religious
innovations which have nothing to do with Islam. They do them
ignorantly, believing that they are part of the Islamic religion.
Thus, you have to beware of their Shirk-related matters and
innovations. You have to treat them kindly and teach them the correct
Islam.
Allaah Knows best.

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The way to reform society

Good manners, respecting others, and ensuring their rights result in
friendly bonds between people, and removes dislike and grudges from
their hearts. In this way the hearts become pure, sympathetic, and
kind; sofeelings of love and brotherhood prevail. The Messenger of
Allaah, said: "He is not from my nation, he who does not respect our
elderly, have mercy upon our young, and honor our scholars." [Musnad
Ahmad 5/323]
Good moral conduct is the path to beneficial knowledge:
Allaah The Exalted Says (what means): } Allaah will raise those who
havebelieved among you and those who were given knowledge, by degrees.
And Allaah is acquainted with what you do. { [Quran 58:11].
We are so much in need today for beneficial knowledge that leads us
towards the progress, glory, and dignity that we have lacked for a
long time. At the same time, this would achieve for us the
satisfaction of our Lord and knowledge that is not a result of
[following] the inseparable two: whims and ignorance. Good manners
save us from such things.
A student of knowledge –any type of knowledge –cannot obtain it
withoutacquiring good manners first. Should a person obtain some
knowledge without obtaining good manners, it shall have negative
consequences on him in this life and in the Hereafter, because herisks
being a bad scholar.
Our predecessors frequently cautioned about taking knowledge from
someone who lacks good manners.
One of the righteous predecessors said, "One who seeks religious
knowledge and does not have good manners is likely to tell a lie about
Allaah [The Exalted] and His Messenger."
Another person said, "Through good manners, knowledge can be
understood, and throughknowledge, deeds are soundly performed."
Good manners are a necessity
Good manners are necessary for every Muslim with Allaah The Exalted,
the Prophet Muhammad, , and withall creation. Allaah The Exalted Says
(what means): } And speak to people good ] words ]} [Quran 2:83]
When there is interactionbetween a Muslim and another person, each
oneshould fulfill the criterionof rights and obligations;and it is
necessary to understand the principlesneeded for interacting with
others. This is what is meant [here] by good manners. This can only
begained through acquiring knowledge. Some would say good manners are
a kind of etiquette; but in reality they are a Sharee'ah (Islamic
legislation) and religion and a way by which to draw nearer to Allaah
The Exalted; and they are subject to the five basic Sharee'ah rulings.
Good manners are an obligation upon every Muslim to seek and to abide
by [in everyday life]. Good manners constitute the following five
basic Sharee'ah rulings: that which is obligatory, forbidden;
recommended, and that which is permissible, and that which is
disliked.
· Obligations are known through good manners:
Through good manners aMuslim knows what his obligations are in
worship, in daily practices, in his interaction with others and in his
conduct. The Messenger of Allaah, , said, "May Allaah have mercy upon
a man who isforgiving if he sells, [whois forgiving] if he buys, and
[who is forgiving] if he collects money due to him that he had lent
out." [Al-Bukhaari:1934]
· Good manners are the nation's image:
We require good manners so that a youth respects his elders, a student
respects his teacher, a teacher respects his students, offspring
respect their parents; a wife respects her husband. The Messenger of a
Allaah, , said, "He is not from my nation he who does not respect our
elders, have mercy upon our young, and honor our scholars." [Musnad
Ahmad 5/323]
· Good manners are the result of the Da'wah of the Prophets:
Good manners are the means to every virtue, and they are one of the
purposes for sending messengers and the result of their Da'wah (call
to Islam).
The Messenger of Allaah, , said:
· "I was sent to perfect righteous manners." [Ahmad, Saheeh ].
· "A believer reaches with his good manners the rank of one who is
fasting and praying throughout the night." [Ahmad, Saheeh ].
· "There is nothing heavier in the scales [of the Hereafter] than good
manners." [Abu Daawood, Saheeh ].
· "I guarantee a house on the outskirts of Paradise for he who leaves
arguing even if he is right; and a house in the center of Paradise for
he who does not lie even when he jokes; and a house in Upper Paradise
for the one who has good manners." [Abu Daawood, Saheeh [
When you realize the value of good manners inIslam and how Islam gives
much importance to it then know that acquiring good manners is
comprised of two stages:
First. The manners that parents teach their children
Second. The manners that a person acquires as he grows up
Parents should teach their children basic manners, so that they become
an essential part of their lives and they can easily acquire them as
they grow up. Should teaching a young child good manners be ignored,
it is very difficult to achieve that after he has grown up.
Allaah The Exalted Says (what means): } O you who have believed,
protect yourselves and your families from a fire whose fuel is people
and stones… { [Quran 66:6]
Ibn 'Abbaas said (that protecting them in the verse means), "Educate
them and teach them good manners."
The manners required fora person when he is grown is to supplement
what was missed, and this is what is required, because it is necessary
for the reformation of the soul. With a righteoussoul the body becomes
sound; rather, a person's whole life and affairs become sound.
Allaah The Exalted Says (what means): } He has succeeded who purifies
it[the soul], And he has failed who instills it [withcorruption]. {
[Quran 91: 9-10] - - ▓███▓ Translator:->
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Etiquette of eating and drinking

For every act that a Muslim does, there is a chance for him to earn
some reward for it from Allaah. From praying to per­forming Ghusl
(ritual bath), O Allaah has placedHis Blessings in everything. These
rewards and blessings can be attained only by those keen to follow the
guidance and example ofthe Prophet Muhammad into every aspect of their
lives, thereby seeking nothing but the pleasure of their Creator.
The entire life of such people becomes an act ofworship. Even the act
of eating and drinking, upon which all living things depend, can
become acts of worship. Thus, by acquainting ourselves with the Sunnah
(the tradition of the Prophet ) of eatingand drinking, we too canturn
this mundane exercise into an act of worship and a source of blessing.
The Etiquette of Eating
1- How to Begin
When a Muslim begins to eat, he should begin withthe name of Allaah.
As theProphet Muhammad said: ' When one of you eats, he should mention
Allaah's name (i.e. say Bismillaah). If he forgets to mention Allaah's
nameat the beginning, he should say (when he remembers): I begin in
the name of Allaah at the beginning and at the endof it.'
The Prophet explained that Shaytaan (Satan) partakes in the food if
the name of Allaah is not mentioned at the start of eating. However,
if one forgets in the beginning and then remembers and saysthe
aforementioned Du'aa (supplication), Shaytaan is made to vomit out
what he had eaten.
2- The Manners of Eating
The best manner in which to eat food is with the fingers of the right
hand. The Companion, Ka'ab bin Maalik reported that he saw the
Messenger eating withthree fingers and when he finished, he would
lickthem. Another manner ofeating which the Prophet taught us is that
we should always eat from what is near­est to us andnot from the
middle of the plate. The reason for this is that the blessings come
down upon the food in its mid­dle, therefore it should be leftto last.
[Abu Daawood, eng. Trans. Vol. 3, p. 1064,no. 3763]
3- The Manners of Sitting while Eating.
The Prophet would never eat while in a reclining position. Eating
while reclining was a manner used to show arrogance, as traditionally
associated with the Greeks and Romans.
The whole life of the Prophet was a model of modesty and humility and
this was evident in his manner of eating. TheCompanion Anas reported
that he saw Allaah's Messenger squatting and eating dates [Muslim]. At
other times, the Prophet would sit on his knees as reported by
'Abdullaah bin Busr who said that: "The Prophet wassitting on his
knees upon which a bedouin asked: 'Why are you sitting like this?' The
Prophet replied: "Allaah has mademe a respectable servant and He did
not make me an obstinate tyrant."
4- Do not Criticize Food:
Abu Hurayrah reported that the Prophet never found fault with food. If
he liked it, he would eat it, but if he disliked it, he just left it.
These are the manners our Prophet who we are enjoined to emulate, who
was the best example for mankind. If we look at the manners of people
nowadays, we will see that people are quick to criticize food. It is a
sign of extreme ingratitude to Allaah, the Provider. Rather, one
should be thankful to Allaah for whatever He has provided us with
andnot complain about its taste. One should also remind oneself that
thereare many people who do not know where their next meal is coming
from. So we should instead be grateful as instructed by Allaah (what
means): " O you who believe, eat of the good (lawful) things We have
provided you with, and be grateful to Allaah,if it is (indeed) He whom
you worship." [Quran 2:172]
5- Do not Eat too Much
In today's times, many people follow a lifestyle in which they over
indulge in food. They eat large quantities until it is difficult for
them to breathe and they can almost feel the food rising to their
throats. Wehave been taught by the Prophet that we should do all
things in moderation, including eating. The Prophet said: "A Believer
eats in one intestine, whereas a non-believer eats in seven
intestines" [Muslim]
Therefore, we should noteat until we are completely satiated; rather
we should eat an amount of food that eliminates the hunger and does
not satisfy us toour fullest.
6- After Eating
When we have finished eating, we should alwaysremember Allaah and be
grateful to Him, for He is the Provider and our Sustainer. We should
express this gratitude in the manner in which the Prophet taught us.
He said: " One who has eaten some food and then says: 'All praise is
forAllaah, who has given methis (food to eat) and provided for me
without any effort or power on my part', he will have his sins
forgiven." [At-Tirmithi]
We can extract most of the etiquettes of eating from the following
Hadeeth: Narrated 'Umar bin Abi Salamah : "I was a boy under the
careof Allaah's Messenger and my hand used to go around the dish while
I was eating. So Allaah's Messenger said to me: 'O young boy! Mention
the name of Allaah, eat with your right hand andeat of the dish what
is nearer to you." [Al-Bukhaari]
Etiquette of Drinking Water
Water should be drunk inthree breaths, that is one should breathe
three times outside the drinking vessel one is drinking from. This
habit has a salutary impact on one's character and helpsone avoid
doing things in haste.
Anas reported: The Messenger of Allaah used to breathe three times in
the course of a drink (he used to drink inthree gulps).
The Messenger of Allaah also prohibited us from breathing in the
drinking vessel because the bad smell or spittle may flow into the
drink. This is both vile as well asinjurious to one's health. Abu
Qataadah reported: "The Prophet forbade breathing into the vessel
while drinking."
To sum up the etiquette of drinking :
1. Never drink straight from a bottle (carbon dioxide is released in
the bottle).
2. Do not drink from the mug's cleft and do not breathe in the beverage.
3. Drink in three draughts.
4. Invoke Allaah when you drink and praise him when you finish.
It is reported that the Prophet said: "Do not drink the water in one
draught just like camels, but drink it in one or three gulps, and
invoke Allaah when you drink and praise Him when youfinish." - -
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