Fathwa, - She seeks khul’ from her husband who committed adultery and rejects the Sunnah

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Question
Asalamualaikum, May Allah reward you for your time and this service. I would like to ask a question regarding child custody in Islam. I have obtained Khul from my husband based on two key reasons. The first reason is that I found out that he had committed sexual acts with prostitutes and a male partner. The second reason is that he has started following a sect called Al’Quraanioon who deny many hadiths of the prophet and believe that Islamic jurisdiction should only be based on the Quran as the sunnah or ahadith of the prophet )pbuh( can not be trusted. I have young children with this man and will need to obtain a civil divorce from the courts soon. In applying for custody of the children I intend to do whatever I can to prevent him from seeing the children as I am concerned about him passing on his misguided ideas to them. He loves his children very much and it would destroy him to have them taken from him in this way. Is this the Islamically correct thing to do? If the father has now left Islam as a result of his denying many aspects of the sunnah does he have any right to these children? In addition to this if he has left Islam are the child maintenance payments received from him halal for my children and is this effected if his earnings are also coming from unlawful sources. On another note, if my ex-husband's new fiance` asks me about him, am I required to inform her of my experience with him and about his past sins and current state, regardless of the consequences for me and my children )In revenge he may try to abduct them if he finds out(. What if they are already married )have signed the marriage contract(? Is it also my responsibility to warn her regardless of whether she asks me herself or not? Jazakumullahu Kheiran for your time and response. Asaamualaikum
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.
If the matter is as you mentioned that this man commits Zina )adultery( then he has indeed committed a grave major sin. What is even graver than this sin is to believe in the ideology of the sect that denies that the Sunnah is a source of legislation, who are the Quraniyyoon. Denying the Sunnah as a source of legislation is an act of Kufr that takes a person out of the fold of Islam as clarified in Fatwa 91740. Indeed, you did well by separating from him.
For more benefit on how to refute the misguidance of such sect, please refer to Fatwa 81124.
Based on that, this man has no right in the fostering of his children as long as he is in this condition because Islam is a condition that must be met by person to be a fosterer according to the preponderant opinion of the scholars. For more benefit, please refer to Fatwa 90461.
However, you are not permitted to prevent him from seeing his children because the juristsstated that it is not permissible for the spouse who has the right to foster the children to prevent the other spouse from seeing the fostered child )children(.Ibn Qudaamahsaid:“A spouse should not be prevented from seeing the fostered child who is with the other spouse.”But you are not permitted to leave him alone with the children when he comes to see them if it is feared that he will influence them with his misguiding and wrong ideas.
In any case, if the parent apostates, his children are still obliged to be kind and dutiful to him, Allaah Says )what means(:}But if they endeavor to make you associate with Me that of which you have no knowledge, do not obey them but accompany them in ]this[ world with appropriate kindness{]Quran 31:15[ Moreover, the father is obliged to spend on his children even if he is a non-Muslim. Nonetheless, if his earnings are from ill-gotten money, it is only permissible to eat from it according to the necessity.
On the other hand, if this man’s fiancée seeks your advice, then you are obliged to inform her about him just to the extent to make her avoid him. Nonetheless, some scholarsare of the view that you should inform her about him even if she does not seek your advice. You are obliged to inform her even if he had already conducted the marriage contract with her. However, if you fear that you or your children will be harmed by him, then you are not obliged to inform her.
Allaah Knows best.









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Fathwa, - His wife took over his apartment and sued him for Khul’

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Question
How to prove I gave my wife money, and I bought an apartment for US? PLEASE I NEED ALL THE HELP AND IDEAS I CAN GET??? Will I was vacation in Egypt 1 time and I met a girl.She claimed that she loved me.So after a year of talking I went back to marry her.Her family ask me to pay about $30,000 for GOLD and furniture, and told me to pay an apartment for us in EGYPT.I then paid another $30,000 for a down payment on the apartment.Because I trusted my wife,and didn't know how to read arabic.Even thou I'm an Egyptian,but bron and rised in the U.S.A.) I never ask her for any reciept or prove she took money from me.So we went on a honeymoon,at a 4 star Hotel...we only stayed 38days together.Then I return to the U.S.A to make her papers for her to come to U.S.A when I return to Egypt I found out she was doing a )no-fault divorce on me( and she gave the owner of the apartment some money to change the contract of the apartment to gave her a different appartment and make it just under her name.)A NO - FAULT DIVORCE MEANS SHE CAN BE DIVORCED,BUT SHE MUST RETURN EVERYTHING BACK TO ME.....but my problem is I have NO proof she took the $60,000....and she is telling the courts I never took anything from him..."I JUST WANT TO DIVORCE HIM" ......CAN ANYBODY HELP ME...IN HOW TO PROVE SHE TOOK THE MONEY AND APARTMENT...I NEED ALL THE IDEAS I CAN GET...THANK U.
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.
You are wrong for establishing a relationship with that woman before marriage as this is a matter that is forbidden in the Sharee’ah. Rather, the Sharee’ah advised a person who wants to marry to look for a religious woman and then propose to her guardian to marry her.
If this woman has taken her dowry and took over the flat and then deniedthis in the court, then this is evidence of her bad morals and the weakness of her religion. Therefore, you should advise her and frighten her of Allaah as she might be deterred from her injustice.
However, if she refuses to confess and you do not have anything to prove your right, then it is only the court that may help you. We cannot do anything to help you except to supplicate for you, and we advise you to supplicate Allaah to make a way out for you from your difficulty and sorrow and compensate you with something better.
Allaah Knows best.











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Personal, - Morals and Zakah

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Hardly ever is prayer mentioned in the Noble Quran without being associated with Zakah. Zakah is the inseparable twin of prayer in the Book of Allah The Almighty and the Sunnah of His messenger, sallAllahu ‘alayhi wa sallam, as well. Zakah is like prayer in terms of its relation to morals. The payer of Zakah offers it out of obedience to his Lord, abiding by His commands, warding off devils, relieving oneself from being questioned about the obligation of Zakah on the Day of Judgment. Zakah increases one's wealth, allows him to help the poor and needy, protects him from meanness and curbs his sinful desires. It helps spread an atmosphere of love, intimacy and affection among Muslims and creates a close bond between the rich and poor within the Muslim community. The payer of Zakah relishes the pleasure and satisfaction of the heart as he obeys the commands of Allah The Exalted. Thus, he is keen not to delay paying the due Zakah and is diligent in giving it to its eligible recipients. Allah The Exalted Says )what means(:}Take, ]O, Muhammad[, from their wealth a charity by which you purify them …{]Quran 9:103[
When Muslims fully grasp this, they find themselves willing not only to pay the due Zakah, but also to spend in charity according to their abilities even if this was not obligatory upon them. This renders them eager to give in charity and help others in all possible ways and it indicates the purity of their hearts andthe spiritual elevation of their souls.
The Messenger of Allah, sallAllahu ‘alayhi wa sallam, said:"Smiling in the face of your brother is charity, enjoining good and forbidding evil is charity, guiding a lost man in a foreign land is charity, guiding the blind is charity, removing harmful things, thorns and bones from a road is regarded as charity and pouring what is left from your vessel into that of your brother is charity."
Hence, the close bond between Zakah and morals in Islam becomes clear.










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