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Friday, February 28, 2014

Family, - Rights of the Husband - II













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Intangible Rights
In the first part we mentioned that being watchful of Allah and having the right environment and company are two essential matters in reforming and correcting the Muslim homes and fulfilling the rights of the spouses. In this article, we will talk about the right of the husband over his wife, if Allah wills. This right is divided into two parts: intangible and tangible rights.
Intangible rights: Allah The Almighty gave the man the role of being in charge of his wife, and Muslim homes will not become stable or run properly unless the wife respects this right. Allah The Almighty distinguished man with qualities that are not in women, such as strength, patience and endurance. The man is more capable of leadership, shouldering responsibility and carrying out tasks. Allah The Almighty has favored men over women for that reason, as Allah The Almighty made prophethood exclusive to men and this is the best favor that Allah may give to people. Scholars have stated that Allah The Almighty has distinguished men in this regard due to the physical strength He gave them, which requires the woman to be under their charge, not the opposite, and that she does not try to be equal to him or compete with him in this respect. The husband's role of being in charge is founded upon two important factors:
1- Managing matters and affairs through endeavoring and reasoning, so he is more entitled to decide what is more beneficial and more appropriate for his home, family and children.
2- Carrying out what he has decided and found appropriate.
Allah The Almighty gave men some distinguished qualities in thinking and awareness that are not in women since men mix with people more widely than women, and even when the woman mixes with men, it is limited regardless of what she does or she becomes, for a human’s innate nature does not change. Scholars say that the role of being in charge implies instructing, guiding and teaching, not tyranny, exclusion, limitation, coercion or inflicting harm on women. Allah The Almighty mentioned this role in the Quran Saying )what means(:}Men are in charge of women by ]right of[ what Allah has given one over the other.{]Quran 4:34[
Obedience:
When the woman acknowledges this right for her husband and submits in the affairs of the house to the opinion, reasoning and management of the husband, all matters will be reformed. This does not mean that the woman should not contribute with her opinion. What is not acceptable here, however, is that the woman tries to impede everything, whether it is a major or minor matter, significant or insignificant, and that her opinion must be taken by and imposed.
Sometimes, she may try to tempt her husband to approve her opinion, and were he to reject it, she would harm him and embitter his life. She may incite his children against him to change his mind or accept her opinion. If the woman ruins the role of the husband being in charge with such behavior, she would make their life miserable and she will be the first one to taste its evil consequences. If a woman spoils her children and damages her husband by neglecting this right, this would be a great catastrophe as the husband would feel he is deficient and wronged, and that his rights are being violated. This takes place especially when his children are spoilt and he is no longer able to make a decision on an issue or a problem, but his wife negatively interferes until he hates dealing with his own affairs.
In some cases, particularly when the man grows old, he may despair and abandon the reins of power due to the harm and destruction she entails. Maintaining and observing the man's role of being in charge brings about reform in the home, and neglecting and spoiling it brings about destruction and misery. Therefore, if the woman is used to interfering excessively in the affairs of her husband, she will behave like a man. The Prophet, sallAllahu ‘alayhi wa sallam, indicated the consequences of neglecting this right, saying:“Allah curses women who behave like men.”
The woman who interferes excessively in the affairs of her husband and pokes her nose into his orders, conclusions and views, has acquired some manly qualities, and refuses to be under his charge. In doing so, she seeks to be equal to him or to show that she is more knowledgeable, wiser and more experienced than him. The role of a man being in charge of his wife implies the obligation to obey him. Some scholars consider obedience the second right of the husband, with the first right being the right of managing the house affairs, as management without obedience is fruitless. Thus, the woman is commanded to obey her husband and be under his charge. This is the basic rule because Allah The Almighty favored the man over her. However, this is contingent on the fact that his order or prohibition conforms with the Sharee‘ah of Allah The Almighty. The right of obeying the husband requires the wife to obey her husband and abide by his orders and prohibitions. The husband's order may be obligatory if he orders his wife to do an obligatory act. Allah The Almighty mentions this, Saying )what means(:}And enjoin prayer upon your family ]and people[ and be steadfast therein.{]Quran 20:132[ Allah The Almighty entitles the man the right to give orders and instruction to his wife. Allah The Almighty praised one of His prophets, may Allah exalt his mention, Saying )what means(:}And mention in the Book, Isma‘eel ]Ishmael[. Indeed, he was true to his promise, and he was a messenger and a prophet. And he used to enjoin on his people prayer and Zakaah ]obligatory charity[ and was to his Lord pleasing.{]Quran 19:54-55[
Thus, the wife must obey her husband. It is very important that the woman obeys her husband to fulfill his right, particularly if he calls her to maintain her chastity and guard himself against what is unlawful.
)To be continued(








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Dought & clear, - RelationshipWith Female Colleague: MustHe Marry Her?













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I have a son who was religious. He worked in a mixed place. He knew a girl and had a haram (unlawful) relationship with her. Should we stop him marrying her, or let him? We fear for him, knowing that her morals are just like any girl who knows men. Nothing has happened with any man apart from my son. He loves her a lot. Should we let him marry her to divorce her later? The intention of divorce in this case, does it invalidate the contract of marriage? I fear Allah.
Praise be to Allah
Firstly:
We have mentioned in many fatwas (verdicts) that unrestrained mixing, which is not controlled by the guidelines enjoined by shariah (Islamic law) such as proper hijab (dress code for Muslim women) and proper etiquette of interaction, is haram. We have also stated that it is haram to work and study in mixed places. We are saddened by the fact that there are muftis (scho;ars) who take this matter lightly and approve of this chaotic situation in schools and workplaces. It is as if they are living in another world, where they do not see the effects of haram mixing such as heartbreak, loss of sanity and destruction of religious commitment.
This has been discussed in the answer to question no. 1200.
No one is safe from these effects. Chaste women have fallen into the foul swamp of mixing and been affected by its filth, ugliness and stench. The same may be said about righteous young men who used to obey Allah – how they were and what they have become.
Allah has created in men an inclination towards females, and He has created in women an inclination towards men. But Allah has not permitted relationships between those who are not mahrams (those may not marry one another Islamically) to one another, except through marriage. Hence in shariah there are many rulings which block the way to immorality. It is haram to look at a non-mahram woman, and it is haram to shake hands with her, or be alone with her. It is haram for a woman to travel on her own, and there are other rulings which prevent the shaytan (devil) from making the Muslim fall into the sin of zina (fornication/adultery).
Secondly:
You say “there was a haram relationship with her” but we do not know what this means. It may be interpreted in two ways:
1. Zina – Allah forbid.
2. Becoming friends and being alone with her, but without zina.
If the first meaning is what happened, then they have committed a grave sin. Allah has ruled that the unmarried man and woman who commit zina are to be given one hundred lashes, and that those who are married and commit this sin should be stoned to death. The Prophet (peace and blessings of Allah be upon him) has told us that the zani (fornicator/adulterer) has lost his faith, and in a dream he saw men and women who had committed zina in an oven in the Fire of Hell.
One of the rulings that applies to those who commit zina is that it is haram for the zani to marry the zaniyah, and it is haram for her to marry him, because marriage of the zani and zaniyah is haram, unless they have repented sincerely from the grave sin that they have committed.
If they repent sincerely, and the woman observes an ‘iddah (waiting period) of one menstrual cycle, then it is permissible for them to marry, and we ask Allah to forgive them and bless them.
For more information please see the answers to questions no. 14381, 85335, 96460, 87894.
If the second meaning is what happened – as is usually the case in such relationships, especially when he wants to marry her – then there is no reason why he should not marry her in the sense that the marriage contract will not be invalid, but it may be disallowed because she is not religiously committed or of good character, and she is not qualified to be a wife who will help him to protect his religious commitment and raise his children. But we cannot say this in your son’s case. If she is negligent then he is the same, and every fault that we think is present in her is to be found in him too.
If Islam tells him to look for a pure, righteous woman, then it enjoins her likewise. Allah says (interpretation of the meaning):
“Bad statements are for bad people (or bad women for bad men) and bad people for bad statements (or bad men for bad women). Good statements are for good people (or good women for good men) and good people for good statements (or good men for good women).”
[al-Noor 24:26]
“And marry those among you who are single (i.e. a man who has no wife and the woman who has no husband) and (also marry) the Salihoon (pious, fit and capable ones) of your (male) slaves and maid‑servants (female slaves).”
[al-Noor 24:32]
But let us be realistic, and fair. When comparing between them, do not look at how your son used to be, rather look at how he is now.
Then you will see that each of them has become attached to the other and they both want to get married, and the best way to set them straight and put an end to the evil in their relationship, is for them to get married. Ibn Majah (1847) narrated that Ibn ‘Abbas said: The Messenger of Allah (peace and blessings of Allah be upon him) said: “There is nothing like marriage for two who love one another.” Classed as saheeh by al-Albani inSaheeh Ibn Majah.
Perhaps this will be a good opportunity to encourage them to repent and set their affairs straight, before they get married.
Thirdly:
Getting married with the intention of getting divorced is haram. It is not permissible for a Muslim to have this intention before getting married.
See the answers to questions no. 27104and 91961.
We are with you and we urge you to fear Allah in such matters. If this was your daughter, would you be happy for someone to marry her with this intention?!
Is it befitting for you to think of your son’s interests, and look for what is good for him, even if it is at the expense of other people?
It was narrated that ‘Abd-Allah ibn ‘Amr ibn al-‘As (may Allah be pleased with him) said: We were with the Messenger of Allah (peace and blessings of Allah be upon him) on a journey and he said: “Whoever would like to move away from Hell and enter Paradise, let him reach his end when he is believing in Allah and the Last Day, and let him treat people the way he likes to be treated.” Narrated by Muslim, no. 1844.
And Allah knows best.










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Dought & clear, - If a woman commits zina, then she is forced to marry a chaste man, is that marriage valid?













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I want to know that, in Quran Allah the almighty says a fornicator shall not marry anyone but another fornicator. I also heard that in hadith and sunnah a man guilty and punished for zina was not allowed to marry any virgin but to some woman similarly punished. So, what if a woman who gets married to a man who is not a fornicator but she is unfortunately one. She couldnt help but get married to this man because of the situation. What can she do about this problem. She feels scared of having intercourse because the marriage is not halal as per the ruling of the Quran and it is wrecking havoc in the lives of everyone. What is the islamic ruling in her case? No body can help her and the families are in terrible danger due to this.
Praise be to Allah.
Firstly:
The verse (interpretation of the meaning)“The adulterer marries not but an adulteress...” [an-Noor 24:3]does not mean that the fornicator or adulterer cannot marry anybody but a fornicatress or an adulteress, or that the fornicatress or adulteress cannot marry anybody but a fornicator or adulterer. Rather what the verse means is that it is haraam for a man or woman who has committed zina to marry one who is chaste, unless they repent.
Ibn Katheer (may Allah have mercy on him) said: Imam Ahmad ibn Hanbal (may Allah have mercy on him) was of the view that the marriage of a chaste man to an unchaste woman is not valid so long as she remains like that, unless she is asked to repent. If she repents, the marriage contract will be valid, otherwise it will not. Similarly, it is not valid for a free, chaste woman to be given in marriage to a man who is immoral and unchaste, unless he repents sincerely, because Allah, may He be exalted, says (interpretation of the meaning):“Such a thing is forbidden to the believers” [an-Noor 24:3]. End quote.
Shaykh ‘Abd ar-Rahmaan as-Sa‘di (may Allah have mercy on him) said: What this verse means is that if a person commits zina, man or woman, and has not repented from that, then the one who wants to marry him or her even though Allah has forbidden that, must be:
- either one who does not adhere to the rulings of Allah and His Messenger, and such a person cannot be anything other than a mushrik;
- or if he does adhere to the rulings of Allah and His Messenger, but he wants to marry this person even though he is aware of her zina, then this marriage itself is zina, and the one who wants to get married is an adulterer and unchaste. If he truly believed in Allah, he would not want to do that.
This clearly indicates that it is haraam to marry a fornicatress or adulteress unless she repents, and it is haraam to marry a fornicator or adulterer unless he repents.
End quote fromTayseer al-Kareem ar-Rahmaan fi Tafseer Kalaam al-Mannaan(p. 561).
Therefore, it is not permissible for a chaste man to marry a fornicatress, and by the same token it is not permissible for a chaste woman to marry a fornicator, unless the one who has committed zina repents. Similarly, it is not permissible for the man or woman who has committed zina to get married unless they repent.
For more information, please see the answer to questions no. 122639and 14381.
Secondly:
If a person repents from zina, he is no longer described as a fornicator or adulterer, therefore the prohibition on marriage of a fornicator or adulterer no longer applies to him; in that case it is permissible for him to marry a chaste woman, i.e., one who never committed zina; it is also permissible for him to marry a woman who committed zina previously but has now repented.
The same applies to the woman who has committed zina. She does not have the right to marry a chaste Muslim man unless she repents. But if she repents, it is valid for her to marry him.
With regard to what you have mentioned about the fornicator who has been given a hadd punishment not being allowed to marry anyone but a woman who is like him, who committed zina and has been subjected to the hadd punishment, this is a view that was narrated from some of the early generations, for which they quoted as evidence the report narrated by Abu Dawood (2052) from Abu Hurayrah (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The fornicator who has been flogged may not marry anyone but a woman who is like him.”
It was classed as saheeh by Shaykh al-Albaani inSaheeh Sunan Abi Dawood.
Al-Qurtubi (may Allah have mercy on him) said: az-Zajjaaj and others narrated from al-Hasan that he said: What is meant is the fornicator and fornicatress on whom the hadd punishment has been carried out. He said: This is the ruling from Allah, so it is not permissible for the fornicator on whom the hadd punishment has been carried out to marry any but a woman on whom the hadd punishment has been carried out. Ibraaheem an-Nakha‘i said something similar.
InMusannaf Abi Dawoodit is narrated that Abu Hurayrah (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “No fornicator on whom the hadd punishment has been carried out should marry anyone but one who is like him.” And it was narrated that one on whom the hadd punishment had been carried out (because of fornication) married one on whom it has not been carried out (i.e., one who was chaste), and ‘Ali (may Allah be pleased with him) separated them.
The correct view is that the description “one who has been flogged” in the hadeeth refers to one who is known to have committed zina and it has been proven against him, and that can only apply to one on whom the hadd punishment has been carried out. Therefore what the hadeeth means is: it is not permissible for a chaste woman to marry one who is known to have committed zina, and it is not permissible for a man to marry a woman who is known to have committed zina. So the meaning of the hadeeth is in accordance with the meaning of the verse (interpretation of the meaning)“The adulterer marries not but an adulteress...” [an-Noor 24:3],and reinforces that meaning.
Ash-Shawkaani (may Allah have mercy on him) said: The words “the fornicator who has been flogged” refer to one who is known to have committed zina. This indicates that it is not permissible for a woman to marry a man who is known to have committed zina; similarly, it is not permissible for a man to marry a woman who is known to have committed zina. This is indicated by the verse mentioned in the book, because at the end of it it says“Such a thing is forbidden to the believers” [an-Noor 24:3]. End quote fromNayl al-Awtaar, 6/201
Based on the above, if the woman regrets what she fell into of fornication and repented from it before that man married her, then the marriage contract is valid. But she has to conceal her (past misconduct) and not tell anyone about what she did previously.
But if the marriage contract was done before she repented from zina, then the opinion on which fatwas on this website are based is that the marriage is not valid and the marriage contract must be re-done. See the answer to question no. 85335
Therefore, if it is possible to repeat the marriage contract – if the marriage contract was done before repentance – even if that is with any acceptable excuse, then this is what should be done and is more on the safe side, so as to avoid a matter concerning which the scholars (may Allah have mercy on them) differed, and it is more on the safe side for the marriage contract.
But it is not possible to do that except by stating clearly that zina occurred, and if doing so will lead to negative consequences, such as if the husband will divorce the wife if he finds out about her past, or at least it would create mistrust and doubt on the part of the husband if he agrees to keep his wife with him, or it will disclose her fault among the people or cause her shame, and other negative consequences, then there is no blame on her, in sha Allah, if she continues with this marriage contract. Undoubtedly this opinion carries weight and has a valid foundation; in fact it is the view of the majority of scholars, especially with regard to one who entered into that marriage contract believing that it was valid.
In fact some of the Hanbalis themselves even stated clearly that marriage in the case mentioned is valid.
Al-Mirdaawi (may Allah have mercy on him) said: Some of our companions said: it is not haraam for her to get married before repentance if someone other than the fornicator marries her. This was stated by Abu Ya‘la as-Sagheer.
End quote fromal-Insaaf, 8/133
To sum up:
If it is not possible to renew the marriage contract between the two families except by causing greater negative consequences, or creating a scandal and exposing the woman to shame, there is nothing wrong with her remaining in this marriage and letting her husband be intimate with her, and living her life in a normal manner.
And Allah knows best.






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