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Monday, February 3, 2014

Fathwa, - Her husband rejects his daughter to be traced back to him



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Question
I have known my husband five years and we have been married four. After two years of marriage in the US he went home to Tunisia. The US would not let him return for ten years because of overstay of visa. I went to Tunisia and fought for his return. In this period I became pregnant. It took 15 months of hard work but in short his case was approved. He returned and stayed without work for 6 months and had work for 1 and a half months and left. Now he is saying our daughter Khadeejah is not his daughter and he has even taken his last name from her. He will not take a test to prove that she is his and he will not help me in anyway with her. I am Muslim and have only been for three years. I have much to learn. But I would have never thought that a Muslim man would do this. But he says he is standing behind Islam in his choice. Where would I find this in the Quran? I have read he must bring four witnesses. In the Islamic way what can I do? I already know what I can do here in the western world. But I am looking for the way of Islam.
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, it should be noted that in principle a Muslim is innocent and it is not permissible to accuse him/her of a dishonour ]with something immoral[ without evidence, especially in matters of dignity, and mainly between the husband and his wife. Allaah Says )what means(: }O you who have believed, avoid much ]negative[ assumption. Indeed, some assumption is sin.{]Quran 49:12[. If a man accuses his wife of having committed adultery, then he should bring four witnesses for his claim, orthey should perform Li'aan )which is when each of them makes an oath he is truthful in his claim and then asks Allaah to curse the one who is lying( otherwise, he should be whipped for accusing a chaste woman of committing adultery.
If a married woman is pregnant and gave birth to a child, the child is traced back to her husband and it is not permissible for him to deny the child from his lineage, and he is not permitted to do so except if he performs Li'aan with his wife in which case the child will be traced back to her. It is confirmed that the Prophetsaid:"The baby belongs to the owner of the bed )i.e. the husband(."]Al-Bukhaari and Muslim[ Therefore, it is an obligation to advise this husband, if it is confirmed that he is accusing you of adultery, as he should not accuse you of having committed adultery without evidence, or reject his daughter to be traced back to him. He should be reminded about the religious view on this matter as we discussed. If he still persists on accusing you of adultery, and refuses to accept the daughter as his, then you may take the matter to an Islamic court or to an institution which usually attends to personal matters in non-Muslim countries like Islamic centres and the like.
It should be noted that it is not permissible to resort to man-made laws )i.e. civil courts( without a necessity. Also, refusing lineage is not decided by sperm test, as in principle the family lineage is confirmed, and the evidence is the above narration in which the Prophetsaid:"The baby belongs to the owner of the bed."So, this principle should not be neglected because of a suspicion which is subject to many deficiencies. For more benefit, please refer to Fatwa 88510.
Finally, we advise you to be patient and wise, while invoking Allaah to relieve your grief and make a way out to your difficulty. You should know that Allaah will be with you if you are really wronged, and He will make the truth overcome. Furthermore, you should know that Islam protects your rightsmore than any other religion or law, and Islam is disowns the behaviour of this man, if he is as you mentioned.
Allaah Knows best.



















- PUBLISHERNajimudeeN M

Fathwa, - Situations that make a wife forbidden for her husband



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Question
When a girl )wife( become maharam or haaraam for her husband?
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.
In principle, a husband and wife remain married and a wife does not become forbidden for her husband unless something which entails a separation between them takes place such as divorce, orLi’aan.Li’aan, which is when both spouses make an oath that he/she is truthful in his/her claim and then invoke the curse of Allaah on the one who is lying. This takes place when the husband accuses his wife with adultery, and is done in front of the ruler or the judge. By invoking this curse on each other, the wife becomes permanently forbidden for her husband.
Similarly, Thihaar, which is the saying of the husband to his wife "You are like my mother to me", meaning that ''You are forbidden upon me exactly like my mother'' then his wife becomes temporary forbidden until he expiates his sin in accordance with the saying of Allaah )which means(: }And those who make unlawful to them )their wives( )by Thihaar( and wish to free themselves from what they uttered, )the penalty( in that case )is( the freeing of a slave before they touch each other. That is an admonition to you )so that you may not return to such an ill thing(. And Allaah is All-Aware of what you do. And he who finds not )the money for freeing a slave( must fast two successive months before they both touch each other. And for him who is unable to do so, he should feed sixty of poor people.{]Quran 58:3[.
Additionally, it should be noted that a husband may be forbidden from having sexual intercourse with his wife while she is still considered his wife, for instance, when she is in menses or in post partum bleeding, as Allaah Says )what means(: }They ask you concerning menstruation. Say: that is an Adha )a harmful thing for a husband to have a sexual intercourse with his wife while she is having her menses(, therefore keep away from women during menses and go not unto them till they have purified )from menses and have taken a bath(. And when they have purified themselves, then go in unto them as Allaah has ordained for you )go in unto them in any manner as long as it is in their vagina(.{]Quran 2: 222[.
To conclude, it should be noted that if the divorce is revocable, like the first or second divorce, then it is permissible for the husband to go back his wife as long as she is in her waiting period, but if her waiting period finished, he can re-marry her but with a new marriage contract. However, if it is the third divorce, then she becomes forbidden for him until she marries another man who divorces her after consummating the marriage with her. Consequently, her first husband may re-marry her ]with a new contract and a new dowry[, after she observes the waiting period of her divorce from her second husband.
Allaah Knows best.




















- PUBLISHERNajimudeeN M

Fathwa, - Said to his wife ‘Has anybody touched you before our marriage?'



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Question
Assalam u alaikum Dear Sir, If a husband said to his wife in anger "have anybody before our marriage touch you". Will this sentence have any impact / effect on the Nikkah. Allah hafiz
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.
That expression does not affect the marriage contract whether the husband said it when he was angry or while in normal state. However, it is not permissible for a husband to ask his wife this question, and it is not permissible for her to inform him about it )the truth(, even if she really had committed this sin because it is an obligation on a Muslim to conceal himself/herself if he/she had committed one.
Speaking about a sin which someone had committed is considered another sin.
Allaah Knows best.





















- PUBLISHERNajimudeeN M

Islamic Articles, - Daughters - A Blessing - details at http://aydnajimudeen.blogspot.com

Allaah Almighty says (what means): "To Allah belongs the dominion of
the heavens and the earth; He creates what He wills. 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 49:50] Allah is
the One, based on His ultimate wisdom, who grants whomever He wills
sons and daughters; He grants sons only to whomever He wills, and
grants daughters only to whomever He wills, and if He so wills, He
makes whomever He wills infertile.
We notice in the above verse that the mention of daughters preceded
that of sons, and the scholars commented on this saying: "This is to
hearten daughters and encourage kindness towards them, because many
fathers feel burdened by receiving a daughter. The common practice of
the people during the pre-Islamic era was to hate receiving daughters,
to the extent that they would bury them alive; therefore, it is as if
Allah is saying to people: `This inferior child in your estimation
takes precedence in My scale.' He also mentions daughters first to
indicate their weakness, and that they are therefore more deserving of
care and attention."
Such honouring of daughters is the complete opposite of how people
were accustomed to dealing with females in the pre-Islamic era, when
they would degrade women and consider them a part of their wealth, and
if news of a baby girl would come to any of them, it would be as if he
was hit by a thunderstorm; Allaah says (what means): which means: "And
when one of them is informed of [the birth of] a female, his face
becomes dark, and he suppresses grief. He hides himself from the
people because of the ill of which he has been informed. Should he
keep it in humiliation or bury it in the ground? Unquestionably, evil
is what they decide." [Quran 58:59]
It is said that some enemies of Qays ibn 'Aasim At-Tameemi, who was a
pre-Islamic Arab, attacked his premises and captured his daughter.
Later, one of these enemies married her. After some time, the clan of
Qays and that of his enemies reconciled, so they gave this daughter of
his the freedom to go back to her father or remain with her husband,
and she preferred to stay with her husband. At that point, Qays took a
pledge upon himself to bury alive any new daughter that he would
receive, and the Arabs imitated him after that. It was, therefore,
this man who introduced this evil practice, and thus he will shoulder
his own sin as well as the sin of all those who did it thereafter.
One of the companions who had killed his daughter in the era that
preceded Islam narrated his story: "We would worship idols in the
pre-Islamic era and kill our daughters. I had a daughter, who, when
she was old enough to comprehend and talk, would rejoice whenever she
saw me and would immediately respond. One day, I called her and told
her to follow me, so she did, until we reached a well that belonged to
my tribe. I then took her by her hand and threw her in the well, and
the last thing I heard her cry was: 'O father! O father!'"
(Ad-Daarimi)
During the era that preceded Islam, there were two methods that people
used to kill their daughters:
· At the time of the delivery of the child, a man would order his wife
to give birth next to a hole dug in the ground; if the newborn was a
male, she would return home with him, otherwise, she would throw her
into the pit and bury her alive, or:
· When the daughter reached six years of age, the man would tell his
wife to adorn and perfume her, then he would take her to a well in the
desert and tell her to look down into the well; when she would do
this, he would push her into it from behind.
There were some men among these people who would forbid such acts,
such as Sa'sa'ah ibn Naajiyah At-Tameemi, who would go to those
attempting to kill their daughter offering money to ransom their
lives.
There are people nowadays who share these same pre-Islamic beliefs; if
they are granted only girls, which is of course something decreed only
by Allah, they become angry, discontent and grieved.
With the advent of Islam, the darkness of that era vanished and Allah
enjoined kindness, love and compassion towards girls. Taking good care
of girls was encouraged, as was giving them special attention in the
process of their upbringing. In fact, Islam has designated a special
reward for raising them that is not granted for raising sons. Anas
reported that the Prophet said: "He who raises two daughters until
their puberty will be with me in Paradise like this", and he
symbolized the proximity by showing two of his fingers with a slight
gap between them." (Muslim)
`Aa'ishah(ra) related: "A woman by the name of Jameelah came to me
with her two daughters. She asked me for charity but found nothing
with me except a date, which I gave her. She divided it between her
two daughters and ate nothing herself; then, she got up and left.
After this, the Messenger of Allah came, so I narrated this story to
him; he said: "He who is involved (in the responsibility) of
(nurturing) daughters and is generous to them, will have them as a
fortification for himself against the Hellfire." (Al-Bukhari &
Muslim).
In another narration of this incident, `Aa'ishah (ra) related: "A poor
woman came to me with her two daughters. I gave her three dates; she
gave each of them a date and was about to eat the third one when one
of her daughters asked her for it, so she divided it between her two
daughters and ate nothing herself, and I liked what she did. After
this, the Messenger of Allaah came, so I told him what she did, and he
said: 'Allaah obligated Paradise for her due to this date, and (also)
freed her from Hell.'"(Muslim)
Pay close attention to wording of the following narration: the Prophet
said: "He who is tested by (the guardianship) of daughters...." Why did
he use the word: "...tested..."? He said it because raising them is a
responsibility and a test from Allaah to see how His slave would act:
Will he be kind to them? Will he raise them correctly?
The nature of this responsibility was further clarified in other
narrations, such as: "If he patiently feeds them and endows them with
clothing ..." (Ibn Majah)., and: "...Provides for them and marries them
off..." (At-Tabarani)., and: "...Properly raises them and fears Allah in
the manner in which he deals with them." (At-Tirmithi)
This is what is required when dealing with daughters: kindness, which
results in Paradise, as the Prophet(saw) said: "Whoever Allah has
given two daughters and is kind towards them, will have them as a
reason for him to be admitted into Paradise." And: "Whoever Allah has
given three daughters and he perseveres through raising them, will
have them as a shield for him from the Hellfire on the Day of
Resurrection."
A daughter is a great bounty and an honour granted by Allah, Hasan
(ra) said: "Girls are a source of reward and sons are a blessing;
rewards are in one's favour (on the Day of Judgement) whereas one will
be held accountable for blessings."
Thus, it is incorrect to believe that one has been humiliated by being
granted a girl; rather it is an honour, a bounty and a gate towards
Paradise. Daughters are a greate responsibility to rear, and entail
greater expenditure, and this is why the reward for raising them
correctly is greater than that for a son.
Once, one of the leaders of the believers was receiving people when a
small daughter of his entered the room, so he kissed her; a Bedouin
was also in attendance and saw this, so he mentioned daughters in a
very evil manner. A wise man who was also present witnessed all of
this and therefore said: "O leader of the believers! Do not listen to
him. I swear by Allaah, that it is they (i.e., girls) who stay up to
care for the sick in the family, who show mercy towards the elders,
and who stand next to men during hardships."
A man was granted a baby girl, so he became angry and isolated himself
from his wife for a long time, and after few months, he overheard his
wife reciting the verse (which means): "...But perhaps you hate a thing
and it is good for you; and perhaps you love a thing and it is bad for
you..." [Quran 2:216]
How many girls have been far more merciful and beneficial to their
parents than their brothers? How many times has a son been a source of
grief for his parents, to the point that they wished he was never
born?
Why do we raise this topic now? It is due to the vicious attacks on
the Muslims under the pretext of defending 'women's rights' which is
in reality an evil attempt to play on the emotions of women so that
they will become rebellious towards their fathers and husbands, and to
encourage them to leave their homes and demand their 'freedom'. This
is a gate towards evil and immorality which gradually attracts women
and then traps them in prohibitions. One cause of girls falling into
this is people neglecting their daughters and undermining their
rights, which makes them easily fall into the traps of the
hypocritical writers and columnists, male and female, who wish to see
corruption prevail.
It is enough of an honour for girls that the Prophets may Allah exalt
their mention, had daughters and that most of the children of our
beloved Prophet(saw) were daughters, namely: Zaynab(ra), Ruqayyah(ra),
Umm Kalthoom(ra) and Fatimah (ra) .