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Tuesday, February 25, 2014

Fathwa, - Took Khul' without having the intention to remarry










Question
A women has taken Khula from a court in Pakistan. Her hasband was habitual drinker,did not meet day to day the expenses of his wife, beet her several times and has a group of friends who are regular drinkers, theif, dacoit etc. She was at her mothers house for the last 2 years. A proposal came to her by a man and she decided to take divorce and to marry this man. She though had already decided to take Khula but did not have any intentions to remarry. Is this Khula true and valid ? She use to take and dinner with the man who proposed her during all court proceedings, dineout as well and deeply fall in love with him. She kept on taking him on phone during iddat which she observed for a month as per Shafai Fiqha Please answer at your earliest
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.
Before answering your question, we would like to mention that a husband is obliged to spend on his wife according to his circumstances if he is well off or is poor. If he does not spend on his wife the obligatory spending, and she finds his money, she is entitled to take from it what suffices her according to what is permissible. If she does not find any of his money or that he is in financial difficulties, and she spends on herself from her own money with the intention of asking him to reimburse her for that, then this is considered a debt on his shoulder and she is allowed to ask him to pay her back. For more benefit, refer to Fatwa 85012.
If a woman is harmed by staying with her husband because of his dissoluteness – as is the case of an intoxicant addict – or by harming her physically by beating her, or harming her psychologically by insulting her, and so forth, then it becomes lawful for her to ask him for Khul’ or divorce.
You should know that there are some pillars for Khul’ if they are met, the Khul’ is valid. The pillars of Khul’ are the husband, the wife or her guardian or her authorized person, the wife being in a wed-lock with her husband, in addition to the compensation and the wording )of Khul’(. A wife having the intention to marry or not to marry after obtaining Khul’ does not affect the validity of Khul’.
On the other hand, if a man proposes to this woman while she is still a wife of her husband, then he is sinful for spoiling the marital relationship between her and her husband. Both the wife and that man are sinful for establishing an affectionate relationship between them, and the wife is sinful for going out with him and talking to him on the phone. She is also sinful if she had left her husband’s home without a sound reason. Therefore, they are obliged to sincerely repent to Allaah. For information about the conditions of repentance, refer to Fataawa 86527and 87903. Also, please refer to Fatwa 81356on the prohibition of establishing an affectionate relationship outside the bond of marriage.
It should be noted that there is a controversy among the scholarsin regard to the ruling on the marriage of a man with a woman whom he spoiled the relationship between her and her husband. The view of the majority of scholarsis that such marriage is valid, whereas the scholars of the Maaliki School of jurisprudence are of the view that it is not valid. For more benefit, please refer to Fatwa 92056.
Moreover, the waiting period of a woman in Khul’ is like the waiting period of any divorced woman according to the view of the majority of the jurists; among whom are the scholars of the Shaafi’i School.
Therefore, if a woman has menses, her waiting period is three menses; the minimum period of menses according to the Shaafi’i School is one day and one night, and its maximum period according to them is 15 days. The minimum period of purity between two menses is 15 days and there is no limit for its maximum period. So, according to the Shaafi’i School, the three menses can not happen in one month.
Allaah Knows best.










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Dought & clear, - Ruling on honour killings.













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I would like to know what the ruling on Honor killings would be and how it should be punished acording to the Laws of the Shariat.
Praise be to Allaah.
Killing a Muslim unlawfully is a serious matter and a grave crime. Allaah says (interpretation of the meaning):
“And whoever kills a believer intentionally, his recompense is Hell to abide therein; and the Wrath and the Curse of Allaah are upon him, and a great punishment is prepared for him”
[al-Nisa’ 4:93]
al-Bukhaari (6355) narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The believer will continue to be encompassed by the mercy of Allaah so long as he does not shed blood that it is forbidden to shed.”
The Prophet (peace and blessings of Allaah be upon him) has explained to us the reasons for which it becomes permissible to shed this blood. He said: “It is not permissible to shed the blood of a Muslim who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life (murder), zina of one of who is previously-married (adultery), and the one who changes his religion and forsakes the jamaa’ah.” Narrated by al-Bukhaari (6370) and Muslim (3175). From this it is clear that zina on the part of one who is married is one of the reasons that make it permissible to kill a person, but the zaani (adulterer) cannot be killed unless two conditions are met:
-1-
He should be previously-married. The scholars have explained what is meant by previously-married in this case. Zakariya al-Ansaari (may Allaah have mercy on him) said inAsna’l-Mataalib(4/128): The previously-married person, whether male or female, is any adult of sound mind who has previously had intercourse within a valid marriage. End quote. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said inal-Sharh al-Zaad(6/120): There are five conditions for (being described as) previously-married:
1- Intercourse
2- Within a valid marriage
3- Being an adult
4- Being of sound reason
5- Being free (i.e., not a slave).
End quote.
-2-
The second condition is that it should be proven that the hadd punishment is deserved, by the testimony of four male witnesses who saw the private parts meet, or the person should freely admit to having committed zina, without being forced to do so.
If it is proven that he deserves the hadd punishment, it is not permissible for individuals to carry out this punishment themselves. Rather the matter must be referred to the ruler or his deputy to prove the crime and carry out the punishment, because if individuals carry out hadd punishments, that will lead to a great deal of corruption and evil.
Ibn Muflih al-Hanbali (may Allaah have mercy on him) said inal-Furoo’(6/53): It is haraam for anyone to carry out a hadd punishment except the ruler or his deputy. This is something on which the fuqaha’ of Islam are unanimously agreed, as was stated inal-Mawsoo’ah al-Fiqhiyyah(5/280): The fuqaha’ are unanimously agreed that the one who should carry out hadd punishments is the ruler or his deputy, whether the punishment is transgressing one of the limits of Allaah, may He be exalted, such as zina, or a transgression against another person, such as slander. End quote.
Concealing one who has committed this evil deed so that he may repent and set his affairs straight before he dies is better than exposing him, let alone killing him. The Prophet (peace and blessings of Allaah be upon him) turned away from Maa’iz (may Allaah be pleased with him) after he admitted committing zina, and he ignored him until he had repeated his confession several times, then he carried out the hadd punishment on him.
Based on this, that which is called “honour killing” is a transgression and wrongdoing, because it is killing one who does not deserve to be killed, namely the virgin if she commits zina (fornication), but the shar’i punishment in her case is flogging and banishment for one year, not execution, because the Prophet (peace and blessings of Allaah be upon him) said: “(The punishment for zina) of a virgin with a virgin person is one hundred lashes and exile for one year.” Narrated by Muslim. The one who kills her has killed a believing soul whom Allaah has forbidden to be killed, and there is a stern warning concerning that, as Allaah, may He be glorified and exalted, says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]
Even if we assume that she deserves to be executed (if she was previously-married and committed zina), no one should do that but the ruler – as stated above. Moreover, in many cases killing is done on the basis of accusations and speculation, without proving whether the immoral action even took place.
And Allaah knows best.







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Dought & clear, - Is repentance accepted ifthe hadd punishment is not carried out on a person?.













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I have a question that is confusing me. If a married or unmarried person commits the sin of immoral conduct, or major sins such as stealing, backbiting, riba, etc, and persists in doing that for a long time, then he comes to know Allaah and he repents sincerely to Allaah, seeking the Face of Allaah, and he seeks the forgiveness of those about whom he gossiped, and returns what he stole, and gives up riba (usury) and all the sins that there are between him and Allaah such as zina, drinking, failing to pray etc, but the hadd punishment is not carried out on him, will Allaah accept his repentance and his worship, no matter how great his sins were? Or is it possible that Allaah will not accept his repentance and his worship will be rejected? Will Allaah save him from the torment of the grave and from Hell? What should he do in order to avoid punishment and so that Allaah will be pleased with him?.
Praise be to Allaah.
You should note that it is not permissible for a Muslim to think of the sins from which he has repented as being too great, for the mercy, pardon and forgiveness of Allaah are greater than his sins.
If the sins had to do with other people, then it is obligatory to restore people’s rights to them. If the sin has to do with something that is between a person and his Lord, then it is sufficient for him to repent, seek forgiveness, regret what he did and resolve not to go back to those sins. It is not a condition of repentance that the hadd punishment be carried out on the repentant person. He should conceal himself with the concealment of Allaah, Achieving sincere repentance is better than confessing so that the hadd punishment may be carried out.
This person has repented well and has given back to people what is rightfully theirs, so he should not let the Shaytaan come and spoil his repentance.
It should be noted that Allaah turns the bad deeds of the repentant into good deeds. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.
71. And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:68-71]
The offenses which the sultan (Muslim ruler) hears of are the ones for which the hudood punishments must be carried out. As for those of which he does not hear, then it is better to repent from them and to conceal oneself with the concealment of Allaah.
The scholars of the Standing Committee said:
If the shar’i ruler hears of offenses and they are proven by sufficient evidence, then the hadd punishments must be carried out, and it is not waived by repentance, according to scholarly consensus. The Ghaamidi woman came to the Prophet (peace and blessings of Allaah be upon him) asking him to carry out the hadd punishment on her after she had repented, and he said concerning her: “She has repented in a manner that if the people of Madeenah were to repent in this way, it would be sufficient for them.” But despite that he carried out the shar’i hadd punishment on her. But no one has the right to do that but the sultaan.
But if news of that offence does not reach the sultaan, then the Muslim should conceal himself with the concealment of Allaah and repent sincerely to Allaah, so that Allaah may accept his repentance.
Fataawa al-Lajnah al-Daa’imah, 22/15
And they said – responding to one who wanted to carry out the hadd punishment and who was not sure that repentance from zina would be accepted –
If a person repents to his Lord sincerely, then Allaah has promised that He will accept his repentance, and will compensate him with reward. This is by His kindness and generosity. Allaah says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourseand whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful.”
[al-Furqaan 25:68-70]
The conditions of repentance include: giving up the sin, regretting what one has done and resolving not to go back to it. If the matter involves the rights of other people, then one must also ask them for forgiveness.
It was narrated from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that when the women gave their oath of allegiance (bay’ah) to the Prophet (peace and blessings of Allaah be upon him), he said: “Whoever among you is faithful (to this oath), his reward will be with Allaah. Whoever does any of these things (wrong actions) and is punished for it, that will be an expiation for him. Whoever does any of these things and Allaah conceals him, then it is up to Allaah: if He wills He will punish him and if He wills He will forgive him.”
The Prophet (peace and blessings of Allaah be upon him) encouraged sincere repentance. In the story of Maa’iz he said: “Why did you not leave him alone, perhaps he would have repented and Allaah would have accepted his repentance.” Maalik narrated inal-Muwatta’from Zayd ibn Aslam that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O people, the time has come for you stop transgressing the sacred limits set by Allaah. Whoever commits any of these evil actions, let him conceal himself with the concealment of Allaah, for whoever discloses his actions, then we have to carry out the hadd punishment (that is prescribed in) the Book of Allaah.”
So you have to repent sincerely, offer prayers regularly in congregation and do a great deal of good deeds.
Fataawa al-Lajnah al-Daa’imah, 22/44,45.
And Allaah knows best.






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