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Wednesday, January 29, 2014

Fathwa, - Husband is not obliged tosupport wife's child from previous marriage



Question
assalamualaikom,I am newly embraced in islam and marreid for the 2nd time to a divorced muslim man.He have 2kids from his 1st wife now living with us.We dont hve kids of our own since 5yrs of merriage.Back in my christian life b4,i marreid for the 1st time and hve a son but our marreige didnt last.Raising my son till he reach the of 6yrs old i leave him to the costudy of my aunt and decided to work abroad where i met this divorced muslim man.Withouth a doubt i accept his proposal,i converted and we get marreid.B4 we get marreid,me husband know that i hve a son.My problem now i about my son.My husband not give me any help or support for my son and telling me that its forbidden in islam to support any christian.Me as a mother is too hard to hear that fact.Rather he keep on telling me to bring my son here with us to live together which i wanted too but,him as a father,a husband and a man,i cannot trust my son to him,only reason why i refused to bring my here with us.He is a hot tempered man and used to beat us,me and his own kids for just simple mistakes.Not only simple beat but severely beating that i cannot imagine how a man,a father who have fear to ALLAH can do that.Please advice me what to do about my son.I insist to my husband if i can work, so i can send support to my son but he wont let me..I know wives in islam is not allowed to work. Only at home.,but what about my case? my son?Me as a mother, it hurts,because its like im abandoning my own son.....pls advicE me,i want my son to be a muslim soon inshALLAH...JAZZAKALLAH KHAYRAN
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 Muhammadis His slave and Messenger.
First of all, we congratulate you upon the blessing of embracing Islam as this is a great bounty that requires from a person to be grateful to Allaah for it. Among being grateful to Allaah for it, is to do all that makes you remain firm and steadfast ]on this religion[, like seeking beneficial knowledge, performing good deeds and befriending righteous and pious women.
You should know that the statement of your husband that it is forbidden in Islam to support any Christian is a statement that contradicts the Sharee’ah, as the Sharee’ah permitted us to be kind to the non-Muslims who are not belligerent to Muslims; Allaah says )what means(: }Allaah does not forbid you from those who do not fight you because of religion and do not expel you from your homes — from being righteous toward them and acting justly toward them. Indeed, Allaah loves those who act justly.{ ]Quran 60:8[
Also, you should know that a young child is ruled to be a Muslim as long as one of his parents is a Muslim. For more benefit, please refer to Fatwa 81957.
As regards spending on your son, then it is his father who is obligated to spend on him, and your husband does not have to spend on him unless he does so as an act of kindness, in which case he will be rewarded for doing so. For more benefit, please refer to Fatwa 86141.
In case his father is dead or insolvent and is unable to spend on him, then it is his mother who is obligated to spend on him, as stated by the jurists.Ibn Qudaamahsaid: “It is an obligation upon the mother to spend on her child if he has no father; this is the same view of Abu Haneefah and Ash-Shaafi’i. If the father is insolvent, then the mother is obligated to spend on him, and she is entitled to ask his father to reimburse her when he becomes solvent.”
Therefore, if you have no money to spend on him, then it is not an obligation to endeavor to find work in order to spend on him and it is not an obligation upon your husband to give you permission to work.However, since your husband does not object to your son living with you, it might be more appropriate for you to accept it and be patient with your husband so that you will be able to nurture your son and guide him and educate him in a good manner; this is better than your son being with his maternal aunt especially if she is a non-Muslim.
On the other hand, a husband is obligated to have good marital relations with his wife and treat her in kindness; we have already clarified this in Fataawa 88304and 86618.
Indeed, it is a great evil for a husband to harm his wife and his children and abuse them, as this is misconduct and bad temperament. So, you should advise him in a gentle manner and supplicate Allaah to rectify him. In case you are harmed by staying with him, then you have the right to ask for divorce, so you should resort to it if you think that there is more benefit for you in doing so, otherwise you should be patient.
Allaah Knows best.

Fathwa, - A father should not feel shame if his sons support him financially

Question
Dear Brother, Asalam Alaikum , I am retired teacher served for 40 years in hyderabad india has written and compiled books on Islam, appealed for publication, but unfortunately I received no response. The reason best know to Allah. I have been suffering for Heart and diabetic aliment since 20 years. I have 2 daughters married )somehow( by His Mercy and three sons I have educated them now earning their livelihood one married. I am a honest God fearing man and I never taken loan or any thing from any members of my family. Though my sons supports us but I feel I it is unfair, and feel Hurt. Please guide me what to do?
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 Muhammadis His slave and Messenger.
We answer your question in the following three points:
1- There is no blame on you that your children spend on you and there is nothing wrong with this. The earning of the child is pure and lawful for his father if he is in need, rather the earning of the child is the best that his parent deserves. For more benefit, please refer to Fatwa 1569.
2- Your qualities of being pious, truthful and content and not desiring what is in the hands of others are good qualities to which you should hold fast; as they are a bounty and favor from Allaah.
3- Seek the reward from Allaah for your sickness and be content with the Decree and Predestination of Allaah and with the affliction of not being solvent that Allaah afflicted you with. You should look at the people who are in worse situations than yourself. You should know that Allaah is Merciful to His slaves. Allaah afflicts a person with something and that person thinks that it is a punishment from Allaah while in reality it is a blessing. Besides, you should not show displeasure or feel discontent )with the Decree of Allaah( as this is a sin and prohibited by Allaah Who says )what means(: }And leave ]i.e. desist from[ what is apparent of sin and what is concealed thereof. Indeed, those who earn ]blame for[ sin will be recompensed for that which they used to commit.{]Quran 6:120[
Allaah Knows best.

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



Question
In Islam, imprisonment of husband, is he liable to pay maintenance of child and 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, this permits annulment of the marriage in all cases, whether the husband did that 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 those whose wives cannot benefit from them, if their wives seek separation from them, is the same like the ruling of the wife of the missing husband according to the consensus 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 imprisonment of her husband without a right 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 reason behind 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 husband is 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 when he becomes solvent. Fat-h Al-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 that and 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.”
Allaah Knows best.

Social Concerns, - Women's liberation through Islam -I



Today people think that women are liberated in the West and that the women's liberation movement began in the 20th century. Actually, the women's liberation movement was not begun by women but was revealed by Allaah )God( to a man in the seventh century by the name of Muhammad, sallallaahu alayhi wa sallam. The Quran and the Traditions of the Prophet, sallallaahu alayhi wa sallam, are the sources from which every Muslim woman derives her rights and duties.
Human Rights:
Islam, fourteen centuries ago, made women equally accountable to Allaah in glorifying and worshipping Him - setting no limits on her moral progress. Also, Islam established a woman's equality in her humanity with men.
In the first verse of the chapter entitled "Women", Allaah Says )what means(:"O mankind! Be dutiful to your Lord, Who created you from a single person )Aadam(, and from him )Aadam( He created his wife ]Hawwaa )Eve([, and from them both, He created many men and women and fear Allaah through Whom you demand your mutual )rights(, and )do not cut the relations of( the wombs )kinship(. Surely, Allaah is Ever an All-Watcher over you."]Quran 4:1[
Since men and women both came from the same essence, they are equal in their humanity. Women cannot be by nature evil )as some religions believes( or then men would be evil also. Similarly, neither sex can be superior because it would be a contradiction of equality. Allaah Says )which means(:"O mankind! We have created you from a male and a female, and made you into nations and tribes, that you may know one another. Verily, the most honorable of you with Allaah is that )believer( who is the most pious of you. Verily, Allaah is All-Knowing, All-Aware."]Quran 49:13[
Allaah also Says )what means(:"Verily, the Muslims men and women, the believers men and women, the men and women who are obedient )to Allaah(, the men and women who are truthful )in their speech and deeds(, the men and women who are humble )before their Lord(, the men and women who give charity, the men and women who observe fasting, the men and women who guard their chastity )from illegal sexual acts(, and the men and women who remember Allaah much with their hearts and tongues. Allaah has prepared for them forgiveness and a great reward )i.e. Paradise(."]Quran 33:35[
Civil Rights:
In Islam, a woman has the basic freedom of choice and expression based on recognition of her individual personality. First, the non-Muslim woman )from the people of the Book( is free to maintain her religion. Allaah Says )what means(:"There is no compulsion in religion. Verily, the Right path has been made distinct from wrong path.”]Quran 2:256[
Women are encouraged in Islam to contribute their opinions and ideas. There are many traditions of the Prophet, sallallaahu alayhi wa sallam, which indicate women would pose questions directly to him and offer their opinions concerning religion, economics and social matters.
A Muslim woman chooses her husband and keeps her family name after marriage. A Muslim woman's testimony is valid in legal disputes. In fact, in areas in which women are more familiar, their evidence is conclusive.
Social Rights
The Prophet, sallallaahu alayhi wa sallam, said:"Seeking knowledge is a mandate for every Muslim )male and female(."]Ibn Maajah[ This includes knowledge of the Quran and the Hadeeth as well as other religious knowledge. Men and women both have the capacity for learning and understanding. Since it is also their obligation to promote good behavior and condemn bad behavior in all spheres of life, Muslim women must acquire the appropriate Islamic education to perform this duty in accordance with their own natural talents and interests.
While maintenance of a home, providing support to her husband, and bearing, raising and teaching of children are among the first and very highly regarded roles for a woman, if she has the skills to work outside the home for the good of the community, she may do so )if she has to( as long as her family obligations are met, and as long as there is no intermingling between her and men in the work place.
Islam recognizes and fosters the natural differences between men and women despite their equality. Some types of work are more suitable for men and other types for women. This, in no way, diminishes either's effort nor benefit. Allaah will reward both sexes equally for the value of their work, though it may not necessarily be the same activity.
The success of a society can be traced to the mothers. The first and greatest influence on a person comes from the sense of security, affection, and training received from the mother. Therefore, a woman having children must be educated and conscientious in order to be a skillful parent.