Marriage versus fornication

'The Big Chill?', a specially researched Time magazine cover story
dated February 16 1987, startled the world with horrifying details of
a new disease – AIDS. Since AIDS is infectious and fatal, it has
produced a new breed of untouchables from whom both men and women flee
in fear of their very lives. Publicity on the subject has created such
a scare that barbershops in western countries often display signboards
bearing the unlikely legend: "No Shaves Here."
Government officials have described such a reaction as 'AIDS
hysteria.' Barbers, however, maintain that even the AIDS victims'
perspiration, or drops of blood from tiny cuts made during shaving,
can transmit the virus and that it is, therefore, necessary to keep
away from them.
After making detailed investigations, Time's team of experts confirmed
that the prime cause of this deadly disease is promiscuity.
Since it is transmitted mainly by homosexuals, it has come to be known
as the "Gay Disease." This disease spreads so rapidly that its
explosion in the world of today has been geometric. Chilled by the
fatality of AIDS, one of its victims exclaimed: "What will happen in
this world, if we have to die when we make love? AIDS is the century's
evil."
Promiscuity, euphemistically referred to as 'free love' in the western
world, has brought down a curse upon humanity. It was estimated that
by 1991, two hundred and seventy thousand )270,000( people would have
contracted this disease in the U.S., and that doctors would find it
impossible to treat such a large number of patients. The situation
would be completely beyond control. The government has started an
anti-AIDS campaign whose slogan is: 'Love carefully.' This same
advice, differently worded, would read: 'Love within the bonds of
marriage. Stop loving outside it.'
In the modern age, one of the great influences towards socially
'legitimising' promiscuity was D.H. Lawrence's novel, Lady Chatterly's
Lover, first published in 1928. At the time of publication, this work
was considered obscene and almost immediately banned. Then, with a
gradual change of moral climate, permission was given to republish it
in 1959. Many young people in America were deeply affected by this
novel and, with a whole spate of similar literature having followed
it, promiscuity began to be the rule rather than the exception. Now,
once again, there is a public outcry to ban Lady Chatterly's Lover and
other such works.
Such a complete about-face has been caused by the devastating effects
of AIDS. It has forced the west to re-think the whole question of free
sex – a development which seems little short of miraculous. Swingers
of all persuasions may sooner or later be faced with the reality of a
new era of sexual caution and restraint.
People had been delighted at having discovered the key to unlimited
enjoyment in freeing themselves from the curbs of religion, for,
according to divine law, a sexual relationship between a man and a
woman was permitted only within the bonds of marriage. But now the
realities of nature are finally forcing man to forsake the path of
free love and follow the path of sexual restraint. It has taken the
fatalities of the final quarter of the twentieth century to convince
people that divine law and 'the law of nature' are one. Too late, it
has dawned on "free lovers" that promiscuity could be a killer. Time's
cartoon, showing a man and a woman encircled by a deadly snake,
epitomises one of today's major human dilemmas.
It was not without good reason that the Quran, Allaah's Book,
commanded that sexual relationships should be confined within the
bonds of marriage; it states what means:"…]Lawful in marriage[ are
chaste women from among the believers and chaste women from among
those who were given the Scripture before you, when you have given
them their due compensation, desiring chastity, not unlawful sexual
intercourse or taking ]secret[ lovers…"]Quran: 5:5[
This has been interpreted by Quranic commentators as a clear
injunction to establish sexual relations only through marriage, and
that there should be no extra-marital relationships. The Quran states
what means:"…And those who guard their private parts, except from
their wives or those their right hands possess, - for indeed, they are
not top be blamed – But whoever seeks beyond that, then they are the
transgressors."]Quran: 70:29-31[
Experiments have shown that this is the only right and natural way.
Marital relationships and fornication are not just matters of approval
or disapproval by religious authorities, but matters of life and
death. The married state is a blessing for human society; any other is
a curse; Allaah says what means:"And of His signs is that He created
for you from yourselves mates that you may find tranquillity in them;
and He placed between you affection and mercy. Indeed in that are
signs for a people who give thought."]Quran: 30:21[
Islamic doctrines and traditions which succeeded in institutionalising
a solid system of sexual behaviour, arranging and shaping a unique
Muslim perception of sexual relationships, has also shielded the
Muslim world from being easy prey to AIDS. Yet, arguing that the
Muslim world is largely AIDS free or that the epidemic has little
presence among Muslims is a mere fantasy, a fantasy that could lead to
disaster.
Most Arab and Muslim countries fall into the gap of the impoverished
half of the world, a reality that is known to be a producer of many
grievous phenomena, besides people's failure to guarantee a suitable
home and nutritious food. Poverty in many parts of the world lays the
foundation for extremely dangerous social illnesses such as
prostitution, drug addiction and others. Such problems constitute a
golden opportunity for AIDS to strike.
It is significant that the new education plan released by the U.S.
government stresses sexual abstinence as a preventive measure. This
public exhortation to observe the rules of old-fashioned morality is a
clear indication of the superiority of divine law over man-made law.
A believer in Divine Law, who errs by entering into an illicit sexual
relationship, and contracting AIDS in the process, will be considered
to have deviated from the principles of divine law. However, one who
belongs to western civilisation and contracts such a disease as the
result of promiscuity will be said to have shown the error of the
principle of western civilisation itself. The former case proves the
error of man while the latter case proves the error of the principle
of an entire civilisation.

Divorce in Islam

Marriage, as prescribed by Allaah, is the lawful union of a man and
woman based on mutual consent. Ideally, the purpose of marriage is to
foster a state of tranquillity, love and compassion in Islam, but this
is not always the case. Islam discourages divorce but, unlike some
religions, does make provisions for divorce by either party.
Allaah provides general guidelines for the process of divorce with
emphasis on both parties upholding the values of justice and kindness
in formalising the end to their marriage )see ]Quran 2: 224-237[ for
general guidelines regarding divorce(.
Allaah encourages the husband and wife to appoint arbitrators as the
first step to aid in reconciliation in the process of divorce. If the
reconciliation step fails, both the man and woman are guaranteed the
right to divorce as established in the Quran, but the difference lies
in the procedure for each one. When a divorce is initiated by the man,
it is known as Talaaq.
The pronouncement by the husband may be verbal or written, but once
made, there is to be a waiting period of three months )'Iddah( during
which there can be no sexual relations, even though the two are living
under the same roof.
The waiting period helps to prevent hasty terminations due to anger
and allows both parties time to reconsider as well as to see if the
wife is pregnant. If the wife is pregnant, the waiting period is
lengthened until she delivers. At any point during this time, the
husband and wife are free to resume their conjugal relationship,
thereby ending the divorce process.During this waiting period, the
husband remains financially responsible for the support of his wife.
The divorce initiated by the wife is known as Khul' )if the husband is
not at fault( and requires that the wife return her dowry to end the
marriage because she is the 'contract-breaker'. In the instance of
Talaaq, where the husband is the 'contract-breaker', he must pay the
dowry in full in cases where all or part of it was deferred, or allow
the wife to keep all of it if she has already been given it in full.
In the case that the husband is at fault and the woman is interested
in divorce, she can petition a judge for divorce, with cause. She
would be required to offer proof that her husband had not fulfilled
his marital responsibilities. If the woman had specified certain
conditions that are Islamically accepted in her marriage contract,
which were not met by the husband, she could obtain a conditional
divorce.
The controversy regarding the seeming inequity in divorce lies in the
idea that men seem to have absolute power in obtaining a divorce. The
interpretation of scholars in the past has been that if the man
initiates the divorce, then the reconciliation step for appointing an
arbiter from both sides is omitted. This understanding diverges from
the Quranic injunction. Any difference in powers between the husband
and his wife with regard to divorce can be extracted from the
following verse )which means(:}...And due to them ]i.e., the wives[ is
similar to what is expected of them, according to what is reasonable.
But the men have a degree over them ]in responsibility and authority[.
And Allaah is Exalted in Might and Wise.{]Quran: 2:228[
In the following verse, according to existing interpretations, Allaah
gives the reason for the small difference in the verse )which
means(:}Men are in charge of women by ]right of[ what ]qualities[
Allaah has given one over the other and what they spend ]in support[
from their wealth. So righteous women are devoutly obedient, guarding
in ]the husband's[ absence what Allaah would have them guard.{]Quran:
4:34[
Thus, it is clear that there is a 'degree' of difference with regards
to the rights of men and women in divorce, and that the greater right
that men were given is due to their being the leaders and financial
supporters of the household. This, however, does not mean that women
are inferior to men or that they are second-class human beings.
Many of the laws regarding divorce in some Muslim countries are based
upon Quranic references on the subject. As with all human laws, they
must adapt to dynamic circumstances. Issues pertaining to custody have
become controversial. For example, Allaah in the Quran advises the
husband and wife to consult each other in a fair manner regarding
their children's future after divorce, as this verse states )which
means(:}…If they both desire weaning through mutual consent from both
of them and consultation, there is no blame upon either of
them.{]Quran: 2:233[
Some jurists stipulate that custody of the child is awarded to the
mother if the child is under a certain age and to the father if the
child is older. There is no Quranic evidence of age being a
determinant for custody. Similarly with regard to the issue of
alimony, in the Quran the ex-husband's financial obligation to his
ex-wife is mandated, but a specific formula for the amount of support
is missing; Allaah Says )what means(:}And for divorced women is
maintenance according to what is acceptable – a duty on the
righteous.{]Quran 2:241[ This is open for negotiation between parties
and should be in accordance with the husband's financial ability.
There has been much distortion and propagation of misunderstanding
about a woman's rights related to marriage and divorce. Only with
self-education and awareness of the Quranic text are men and women
able to learn the truth that Allaah has prescribed and understand the
scholarly interpretations in order that the spirit of justice is
realised. Allaah Says )what means(:}And when you divorce women and
they fulfil their term ]of their 'Iddah[, either keep them according
to reasonable terms or release them according to reasonable terms, and
do not keep them, intending harm, to transgress ]against them[. And
whoever does that has certainly wronged himself. And do not take the
verses of Allaah in jest. And remember the favour of Allaah upon you
and what has been revealed to you of the Book ]i.e., the Quran[ and
wisdom ]i.e., the Prophet's Sunnah[ by which He instructs you. And
fear Allaah and know that Allaah is Knowing of all things.{]Quran
2:231[

Artificial Insemination

Allaah The Almighty Says )what means(:}And Allaah has made for you
from yourselves mates and has made for you from your mates sons and
grandchildren and has provided for you from the good things. Then in
falsehood do they believe and in the favor of Allaah they disbelieve?
{]Quran 16:72[. Allaah The Exalted also Says )what means(:}He gives to
whom He wills female ]children[, and He gives to whom He wills males.
Or He makes them ]both[ males and females, and He renders whom He
wills barren. Indeed, He is Knowing and Competent. {]Quran 42: 49-50[.
In addition, the Prophetsaid:"Marry women who are loving and very
prolific, so I will outnumber all other nations through you."]Abu
Daawood and An Nasaa'i[
Continuous reproduction is of a great importance in the life of man in
order for him to preserve his existence and perform his mission of
constructing the earth. Nevertheless, one of the spouses – or both -
may suffer infertility which deprives them from having righteous
offspring.
Science discovered artificial insemination as a means to treat
infertility in the husband or wife and in the case of a delay in
pregnancy in a number of cases, including:
- The blockage of the fallopian tubes extended to the two sides of the
uterus or the absence thereof.
- The presence of antibodies in the secretions of the cervix and vagina.
- Low sperm count in men.
Forms of Artificial insemination:
There are various forms of artificial insemination. However, they are
divided into: permissible according to the restrictions set forth by
Islam or impermissible for contradicting the principles of the Islamic
Sharee'ah. These forms can be presented as follows:
The Permissible Forms Include:
- Taking the sperm specimen from the husband and injecting it into the
uterus of his wife by way of internal fertilization.
- Taking two samples; one from the semen of the husband and the other
from the ovum of the wife. They are fertilized externally in a test
tube. Then, the embryo is implemented in the uterus of the wife, the
owner of the ovum.
Impermissible forms Include:
- Inserting the semen of a certain male, who is known to the doctor
but unknown to the married couple, into the uterus of a woman. This is
after having taken her consent and the consent of her husband provided
that the donor shall not know to whom his semen will be given.
- Collecting the semen of many men and donating them to the sperm
bank. Then, it is used to fertilize the woman who requests
fertilization.
- External fertilization in a test tube between the sperm of a man and
an ovum of a woman who is not his wife and this man and woman are
referred to as donors. Then the embryo is implemented in the womb of
another married woman who desires to give birth. This applies in cases
of barren wives as a result of problems in the ovaries but a healthy
uterus as well as in case of barren husbands.
Regulations of Artificial Insemination:
Jurists have set forth a number of regulations that protect the
individuals, the family and society, such as:
- Taking extremely intense precautions in assuring that the ovum is
not confused with other fertilized ova.
- The husband or someone he trusts shall attend the process of
insemination from the point of taking the sperm and the egg until
inserting them into the woman's uterus.
- Recording the data of the process in full in order to avoid any
circumstances that may lead to intermixing of lineages.
- Affirmation of the professional and ethical integrity of the
physicians and medical staff who perform the process of insemination.
The issue, from the very beginning, should be enveloped by faith in
fate and divine decree as Allaah The Exalted Says )what means(:}He
gives to whom He wills female ]children[, and He gives to whom He
wills males. Or He makes them ]both[ males and females, and He renders
whom He wills barren. Indeed, He is Knowing and Competent.{]Quran 42:
49-50[.

Dought & clear, - Ruling on jihaad.

Is jihaad considered to be fard 'ayn [obligatory on all individuals]
now, when the rights of Muslims have been violated by foreign
invasions and in other ways? What is the ruling on those who are not
engaged in jihaad, who cannot do anything, but if they were called
upon they would respond and fight in jihaad for the sake of Allaah,
but they are prevented by the current circumstances of the ummah, such
as the lack of rule according to sharee'ah? Please respond, with
evidence (daleel).
Praise be to Allaah.
Jihaad to make the word of Allaah supreme, to protect the religion of
Islam, to enable spreading the faith and to protect the things it
holds sacred, is an obligation upon everyone who is able to do it. But
this necessitates organizing and sending armies, lest it result in
chaos leading to bad consequences. So initiating it is one of the
tasks of the Muslim ruler, and the 'ulamaa' should encourage it. If
jihaad begins and the Muslims are mobilized, then everyone who is able
should answer the call, sincerely for the sake of Allaah, hoping for
truth to prevail and to protect Islam. Whoever holds back from that
when the call has been made, with no valid excuse, is a sinner.
And Allaah is the source of strength. May Allaah bless our Prophet
Muhammad and his family and companions, and grant them peace.
Fataawaa al-Lajnah al-Daa'imah, 12/12