Fathwa, - Imprisoned husband is obliged to provide for hiswife and child

Question
In Islam, imprisonment ofhusband, is he liable to pay maintenance of
childand wife?
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.
It is obligatory upon the husband to spend on his wife and child. This
ruling applies to the imprisoned husband like other husbands. If he
cannot afford to spend on them, then he is like all other husbands,
i.e. his wife has the right to raise the matter to an Islamic judge
and seek separation from him due to that, and if she wants to be
patient with him, then she can do so.Ibn Qudaamahsaid: "In conclusion,
if a man does not spend on his wife for him being insolvent and cannot
find what he may spend on her, then the wife has a choice between
being patient with him or separating from him." ]End quote[
Shaykh Al-Islam Ibn Taymiyyahsaid: "If the wife is adversely affected
by her husband's failing to have intercourse with her, thispermits
annulment of themarriage in all cases, whether the husband didthat
deliberately or not, or whether he was able to have intercourse or
not. The same applies to the wife's maintenance, and it is permissible
with greater reason to annul the marriage in case of Eelaa')a husband
swearing not to have sexual intercourse with his wife and refusing to
approach her(according to the consensus of scholars. Accordingly, the
ruling of the captive and the imprisoned and thosewhose wives cannot
benefit from them, if their wives seek separation from them, is the
same like the ruling of the wife of the missinghusband according to
theconsensus of the scholars." ]End quote[
There is another issue stated by the Shaafi'i scholars, that is if the
wife was the reason behind the imprisonmentof her husband without
aright cause, then she will have no right to maintenance. Tuhfat
Al-Habeeb 'Ala Sharh Al-Khateeb )a Shaafi'i book( reads: "If the wife
is the reason for the imprisonment of her husband with a right cause,
then she will have the right upon her husband )if possible( to spend
the night with her like with his other wives and to maintenance, and
if it was with no right cause, then she will not deserve such rights
because she is the reasonbehind preventing them." ]End quote[
This is related to the maintenance of the wife when the husband cannot
afford to spend on her.
As for spending on the child, then if the husbandis insolvent and the
mother can afford it, she should spend on her child and she has the
right to ask the husband to compensate her for what she has spent
whenhe becomes solvent. Fat-hAl-Qadeer )a Hanafi book( reads: "If the
child has a rich mother, then she should spend on him;however, she has
the right to ask him )the insolvent father( later to compensate her
for that. If she is pleased with thatand does not ask him to
compensate her, she will surely be rewarded for that and it is
actually of her good character and noble manners." ]End quote[
Allaah Knows best.

Fathwa, - Child of Zina has nothing to do with his biological father

Question
My young son was seduced by an older married woman. After 1 instance
of intercourse she became pregnant and hid away. later she made
contact with my son and allowed him to grow to love his daughter. She
also asked him for money giving sobstories. She maintained secrecy
over her identity - "Aishah". After the amounts of money and
complications became too much my son confessed to me and asked for
help. I met her, her husband, her father and her mother. First she
tried a sob story but I did not fall for it. I only offered physical
help andnot large financial sums. Then they came to my husband and I
and asked for a great amount of money to allow us to continue to see
our granddaughter. They hadbinte her to the woman'shusband. My husband
and I believe that this woman engineered this situation or tried to
take advantage of this situation and we worry for the safety of our
granddaughter - yes I know that Islamically she is not considered our
granddaughter but biologically she is. We secretly did a DNA test and
this confirms so. Can you tell us if there are any Islamic grounds for
us to claim our granddaughter? The woman's husband threatens to turn
our granddaughter into a prostitute when she is older. What can we do?
Currently we have stopped all communication but we know they are
trying to use the baby for money by putting out for TV adverts. Our
son is very hansom. Wasslams, Fatimah & Family
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.
Your son must repent to Allaah The Almighty from the sin of
Zina)fornication/adultery(. Repentance has certain conditions that we
have clarified in Fatwa 86527. It is also incumbent upon him to guard
himself against every means that may lead him to commit Zina again
such as being in seclusion with a non-Mahram woman, prohibited mixing
among men and women and the like. If he has notmarried yet, we advise
and urge him to marry toprotect himself from Zinaand remain chaste and
he should be helped in this regard if he needs help. Muslim jurists
are ofthe opinion that it is obligatory to help the poor son to marry
if he needs marriage.Ibn Qudaamah)from the Hanbali school of
jurisprudence( said: "Our companions said: Thefather must keep his
son chaste if he is obliged to spend on him and if he)the son( needs
help to remain chaste )by gettingmarried(."
If that woman is married,then that girl will be attributed to her
husband because he is the owner of the bed. The DNA analysis that
youhave conducted and the resemblance between her and your son do not
count. For more benefit, kindly refer to Fataawa 122944and 84301.
Based on that, her father)the husband( will be responsible for
spending on her and taking care ofher. If he carried out what he
threatened to do, i.e. using her in prostitution or in anything which
Allaah The Almighty has prohibited, surely he will get his punishment
from Allaah The Almighty.Ibn 'Umarsaid: I heard theMessenger of
Allaahsay, "Each one of you is aguardian and is responsible for the
people under his guardianship, …..and a man is a guardian in his house
and is responsible for the people under his guardianship."]Al-Bukhaari
and Muslim[
As for your son, he has norelationship with that girl at all and it is
not obligatory upon him to spend on her. So, you should not become
attached to her for she is an unrighteous deed )of your son(. It is
not permissible for that woman )her mother( or others to exploit and
blackmail him to take money from him. In this case, he can threaten
them to refer the matter to the concerned authorities if he expects
that this will stop them doing so.
Allaah Knows best.

Our Duty Towards Islam

I will summarize our dutyin the following points:
First:Being proud of this religion. Allaah The Exalted Says )what
means(:}So do not weaken and do not grieve, and you will be superior
if you are ]true[ believers.{]Quran 3: 139[
The era of hiding and feeling ashamed for belonging to Islam has ended
and the era of frankness and declaration has started. Itis painful and
harmful that people who lived in the quagmire of vice and committed
the utmost of prohibited sins have started to embrace the religion of
Allaah The Almighty, whereas we observe that some Muslims want to
bring misery to their nation and expose it to suffering.
Second:Seeking sound knowledge of theSharee'ah)Islamic legislation(.
Having a clear and enlightening argument is the best means to boost
one's morale. WithSharee'ahknowledge, one discovers misguidance and
deviation.
Third:Reviewing Westernand Eastern writings about their own
societiesand what both of them call to now after they hadtasted the
bitterness of misery due to abandoning religion and giving a free hand
to their desires.
Fourth:Directing our efforts with sincerity and determination to bring
up our children. It was narrated that the Messenger of Allaah,
said:"Each one of you is aguardian and is responsible for those under
his guardianship."]Al-Bukhaari and Muslim[
A sound upbringing is a shield for children against floundering in
invalid behavior that the society is replete with, and it is their
protection against the misleading thoughts that are spread in it.
Fifth:Knowing the secularists through their writings and sayings,
warning people against their deception and misguidance, clarifying the
extent of their danger on theUmmah)Muslim nation( and its religion and
mentioning their experiments in Muslim countries which they may
implement in any other country which has not yet been exposedto their
secularism.
Sixth:Common people should gather around scholars, seekers of
knowledge and callers to Allaah The Almighty and adopt their opinions
and attitudes. They should distance themselves fromthe excitement and
improvised situations that the righteous youthsare dragged to so that
whoever wishes to fish may fish in troubled waters.
Suggestions
First:Girls' curricula should be based on a scientific Islamic view.
We have spent a long time during which we did not manage to
createeducational curricula befitting that sex. Equality in curricula
between men and women is a fault; this was mentioned earlier.
Second:Creating curricula in the Islamic culture that clarify the
woman's rights in Islam, her duties and position as well as the
deteriorated status of thewoman in the East and West and refuting the
malicious allegations of those who advocate emancipation. In the past,
we were not in need of such measures and we feared the spread of such
allegations. Now, however, we have been invaded by these allegations
in our very homes. It is also incorrectto delay these curricula until
the university stage.
Third:Woman's work must be addressed through comprehensive and
wide-scoped studies prepared by experts and knowledgeable people inthe
fields of education from among those who are proud of their religion
and acquainted with theSharee'ahof their Lord.
Fourth:It is time, or rather it is overdue, for the project of a
girls' university to see the light; a project which puts an
educational plan befitting this sex and steers us clear of
contradicting opinions inthe society through its universities. It is
better for theUmmahto entrust responsibility in these universities to
sincere highly-qualified persons from among men and women, and thereby
theUmmahwill distance itself from the evils of those who are evil.
Reason and subjective conditions to establish this kind of university
is indisputable.
Fifth:Woman's work is not a pure administrativetask; rather, it is
related to her personality and role in society as well as how suitable
a certain kind of work is for her. Therefore, this matter must be
studied within the framework ofSharee'ahas well as theUmmah'sinterest.
·What is theUmmah'sneed to graduate female hostesses/attendants, when
the danger of theirpotential work is known in advance?
·What is theUmmah'sneed to graduate groups of females who are
specialized in drama and theatrical arts?
·What is theUmmah'sneed to graduate a large number of females in some
specializations, such as decoration, agriculture and secretarial work?
I am not saying that the woman cannot understand these specializations
or be good at them; rather, I mean that these are not the only
criteria.
Sixth:The so-called feminine departments in some governmental
administrations must be reconsidered. Is there any benefit in their
existence? Are they governed by theSharee'ahregulations?
Seventh:To stop applyingthe credit hour system in educating girls as
this negatively influences the woman. It is not necessary that
everythingwhich is applied to men is also applied to women.
Eighth:The woman's employment system must be fairly addressed. It is
not fair that the woman leaves her home at 6:30 am and returns at 3
pm. It is also not fair that she remains more than twelve hours in the
school during the exams. What is the problem if the woman works only
half the working hours specified for the man andreceive half of his
wages?In this way, we will have the capacity to employ twice the
number of available workers or even more.
What is the problem if there are long holidays for the woman after
delivery in order to look after her newborn? Meanwhile, she should be
rewarded for this as she is undertaking the most serious task in life.
What is the problem if there are economic criteria for woman's work?
There are many houses where both the man and the woman work while
there are other houses where neither men nor women work!
All these points and manyothers could be subject to dialogue and
discussion, provided that we get rid of the complexof equality between
man and woman in the employment system. This is also contingent on
getting rid of the inferiority complex as well as regaining the
feeling of our distinction relative to other peoples of the world.

How to achieve humbleness

Islam highly commends humbleness and simplicity and reckons that as
one of the traits of a true believer. The Prophetsaid:"Al-Kibr )proud
and arrogance( is rejecting the truth and looking down upon
people."]Muslim, At-Tirmithi and Abu Daawood[
Humility is for one who is important and significant and he fears to
gain notoriety or to become too great among people.As it was said,
"Humble yourself, you will be as a glimmering star to the viewer on
the surface of the water even if it is lofty." We don't say to an
ordinary person,"Humble yourself." But it is said tohim, "Know the
value of yourself, and do not place it in the wrong place!"
It was narrated by Al-Khattaabiin Al-Uzlahthat Imaam `Abdullaah ibn
Al-Mubaarakcame to Khuraassaan ]in Persia[ and went to a person who
was known for his Zuhd and Wara']asceticism and cautiousness in
piety[, so when he entered wherethe man was, he )the man( did not turn
around nor give him anyconsideration at all.
When 'Abdullaah Ibn Al-Mubaarakleft, some of the people who were
inside with the man said to him, "Don't you know who he was?!"He said,
"No." He was told, "This is the 'Ameer of the believers...`Abdullaah
Ibn Al-Mubaarak." So the man was astonished and came out to 'Abdullaah
Ibn Al-Mubaarak in a hurry apologizing and absolving himself from what
happened, saying, "O Abu 'Abdur-Rahmaan! Forgive me and advise me!"
Ibn Al-Mubaarak said, "Yes... whenever you come out of your house and
see someone, assume that he is better than you!" He knew that the man
was conceited. When 'Abdullaah Ibn Al-Mubaarakinquired as to what the
man's profession was, he found out that he was a weaver!! Therefore,
this educatedImaam noticed that this Mutazahhid )devoted pious person(
possessed a kind of arrogance, conceitedness and feeling of
superiority over others.
This disease sometimes envelops pious people; this is why he was
offered advice that was easy for him. Many times we find this
characteristic in some pious people, as well as some callers toIslam.
But when it reaches the small students who misbehave with their
scholars and teachers, this really hurts inside! There is no objection
if you differ in opinion or judgment with a scholar as long as you are
qualified to do so. The problem occurs when this difference of opinion
becomes a destructive element to the scholar's dignity, diminishes his
value, disregards and disrespects him.
One should humble himself with his companions. Frequently whenthe
spirit of competition and envy is agitated between companions and
rivals, a person may feel superior over his companion, he may be
pleased byharming him, degrading his valueand importance, accusing him
of defects or exaggerating his faults; faults that may have come to
light when seeking advice, or correction. In reality this is called
jealousy.
Humility is to humble oneself to one who is below you. If you find
someone who is younger than you, or of less importance than you, you
should not despise him, because he might have a better heart than you,
or be less sinful, or closer to Allaah than you. Even if you see a
sinful person and you are righteous, do not act with arrogance towards
him, and thank Allaah that He saved you from the tribulation that He
put him through. Remember that there might be some Riyaa')showing off(
or vanity in your righteous deeds that may cause them to be of no
avail, and that this sinful person may be regretful and fearful
concerning his bad deeds, and this may be the cause of forgiveness of
his sins.
According to Jundubthe Messenger of Allaahmentioned that a man said,
"By Allaah, Allaah will not forgive so-and-so," and that Allaah
said:"Who is swearing by Me that I will not forgive so-and-so? I
surely have forgiven so-and-so and nullified your
deeds."]Muslim[.Therefore, do not act in arrogantly towards anyone.
Even when you see a sinner, do not show superiority towards him, nor
treat him with arrogance anddomination. If you feel that the sinner
may perform some acts of obedience which you do not, and that you may
also posses some defects which the sinner may not, then deal kindly
with him, and gently give Da`wah which will hopefully be the cause of
his acceptance and remembrance.
Your deeds also should not become too great in your eyes. If you do a
good deed, or attempt to get closer to Allaah through anact of
obedience, your deed still may not be accepted. Allaah Says what
means:"…Indeed, Allaah only accepts from the righteous]who fear
Him[."]Quran 5:27[This is why some ofthe Salaf)predecessors( said, "If
I knew that Allaah accepted one Tasbeeh)saying "Subhaanallaah"( from
me, I would have wished to die right now!"
The arrogant person never gives credit to anybody or mentions good
about someone, and if he needed to do so, he would also mention
defects of that person. But if he hears somebody reminding him about
his own defects, he will not be flexible nor comply due to his
inferiority complex. This is why it is among man's moral integrity to
accept criticism or comment without any sensitivity or discomfort or
feelings of shame and weakness. Here he is, the 'Ameer of the
Believers `Umarraising the flag and lifting the motto, "May Allaah
have mercy on a person who informed us of our defects."