Dought & clear, - Was Maa’iz married?

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Was Ma'iz ibn Malik married or unmarried and if he was a bachelor, why was he stoned? I ask this because I have read that he was not married and was stoned for persistent fornication. However, there are other ahadith about "a man from Bani Aslam" which match the case of Ma'iz (who was from the Aslam) in every detail but do not give the name of the man. Was this man Ma'iz?.
Praise be to Allaah.
The ahaadeeth which tell the story of Maa’iz (may Allaah be pleased with him) and are narrated inal-Saheehaynwere narrated through numerous isnaads. In some of them his name is given as Maa’iz, and in these it does not say that he was married. And in some he is mentioned by the name of his tribe – “a man from Aslam” – and in these it says that he was married.
The context of the ahaadeeth is the same which makes us certain that they are speaking of the same story, which is the story of Maa’iz (may Allaah be pleased with him) and that he was married. This is stated in the text of one hadeeth which is narrated by al-Bayhaqi as we shall see below. There follow some of the reports:
According to the version narrated by Muslim, they took Maa’iz to the Harrah, and this report states his name. According to a version narrated by al-Bukhaari, they stoned a man from (the tribe of) Aslam – and Maa’iz was a man from the tribe of Aslam as we shall see in the hadeeth from Abu Sa’eed below – so they took him to the Harrah. We also draw your attention to the similarity between the two hadeeth which both say that the Prophet (peace and blessings of Allaah be upon him) turned away from him four times, etc. This makes us certain that the two hadeeths are telling the story of the same man. Based on that, it says in the report narrated by al-Bukhaari that he was married. The two reports are as follows:
(a) Muslim (1694) narrated:
From Abu Sa’eed: that a man called Maa’iz ibn Maalik came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “I have committed adultery. Carry out (the hadd punishment) on me.” The Messenger of Allaah (peace and blessings of Allaah be upon him) ignored him several times, then he asked his people (about him). They said: “We do not know of anything wrong with him, except that he has committed some crime and he thinks that he will not be able to relieve himself of its burden unless the hadd punishment is carried out on him.” So he went back to the Prophet (peace and blessings of Allaah be upon him) and he commanded us to stone him. So we took him out to Baqee’ al-Gharqad and we did not tie him up or dig a hole for him. We stoned him with bones, clods and pebbles. He ran away and we ran after him until he came to ‘Arad al-Harrah (a place in Madeenah), where he stopped, and we stoned him with the rocks of the Harrah until he stopped moving (i.e., died).
(b) The report narrated by al-Bukhaari (4969):
It was narrated from Jaabir that a man from (the tribe of) Aslam came to the Prophet (peace and blessings of Allaah be upon him) when he was in the mosque and he said, “I have committed adultery.” The Prophet (peace and blessings of Allaah be upon him) turned his face away from him. The man came to that side to which the Prophet had turned his face, and testified against himself four times. The Prophet (peace and blessings of Allaah be upon him) said, "Are you mad? Are you married?" He said, "Yes.” So he commanded that he be stoned in the Musalla (Eid prayer place). When the stones troubled him, he ran away, until he was caught in al-Harrah and killed.
And it was narrated that Abu Hurayrah said: A man from (the tribe of Aslam) came to the Messenger of Allaah (peace and blessings of Allaah be upon him) when he was in the mosque and called him. He said, “O Messenger of Allaah, This man has committed zina,” meaning himself. [The Prophet (peace and blessings of Allaah be upon him)] turned his face away from him. The man came to that side to which the Prophet had turned his face, and said, "O Messenger of Allaah, this man has committed zina." The Prophet (peace and blessings of Allaah be upon him) turned his face to the other side, and the man came to that side, and said the same thing. When he had testified against himself four times, the Prophet called him and said, "Are you mad?" He said, "No." The Prophet (peace and blessings of Allaah be upon him) said, "Take him away and stone him to death." And he was married. When the stones troubled him, he ran away, but we caught up with him at al-Harrah and stoned him to death (there)."
Narrated by al-Bukhaari, 4970
This is also stated clearly inSunan al-Bayhaqi:
It was narrated from Jaabir from the Messenger of Allaah (peace and blessings of Allaah be upon him): a man from (the tribe of) Aslam testified against himself four times in his presence, admitting zina, so he ordered that he be stoned, as he was married. He said: they said that that was Maa’iz.
Sunan al-Bayhaqi al-Kubra, 8/218
Al-Haafiz ibn Hajar stated inFath al-Baarithat these ahaadeeth tell the story of one man, namely Maa’iz (may Allaah be pleased with him).
The phrase “a man from Aslam” means a man from the famous tribe of Banu Aslam. The name of this man was Maa’iz ibn Maalik as we shall see below; he was named as such by Ibn ‘Abbaas (may Allaah be pleased with him).
Al-Haafiz also said:
The hadeeth which says that the Prophet (peace and blessings of Allaah be upon him) stoned Maa’iz, who was married, appears inal-Saheehaynfrom Abu Hurayrah. He said to him: “Are you married?” and he said, “Yes.” This was also narrated by al-Bukhaari from Jaabir.
Al-Diraayah fi Takhreej Ahaadeeth al-Hidaayah, 2/96.
These ahaadeeth when taken together make us certain that when Maa’iz was stoned, he was married.
Maa’iz was not stoned because he frequently committed the sin of zina; there is no evidence to indicate that Maa’iz was one of those who frequently commit zina.
The previously-married person who commits zina deserves to be stoned, whether he got married and divorced, or his wife passed away, or he is still married.
There is no difference between one who commits zina once and one who commits this sin repeatedly. Whoever has been previously married must be stoned. In the case of one who has not been previously married, the hadd punishment is one hundred lashes and exile for one year.
And Allaah knows best.








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Dought & clear, - A woman who committed adultery and is contemplating suicide

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A married woman commits adultery, then she repented but the guilt of the act is haunting her. She is now thinking about suicide. What should be done and what is your advice?
Praise be to Allaah.
Ibn Mas'ood (may Allaah be pleased with him) said: "The believer sees his sin as a mountain beneath which he is sitting and which he fears may fall down upon him. The rebellious person sees his sin as a fly which passes in front of his nose and he swats it away…" (Reported by al-Bukhaari, 6308)
This woman's overwhelming sense of the burden of her sin is a sign of faith. We offer her the following advice:
She should examine her divorce from her first husband to make sure that it is sound according to sharee'ah (Islamic law), whether it took the form of talaaq (male-instigated divorce) or khul' (female-instigated divorce).
She should make sure that her marriage contract to the second man is also sound, because a marriage between two people guilty of adultery is not valid unless they have repented (see questions # 33); if the contract is found not to be valid, it must be repeated.
If this woman is sincere in her repentance towards Allaah, regrets what she did and is determined never to do it again, Allaah will forgive all her sins, no matter how great they were, so she should not despair of the mercy of Allaah, for no one despairs of Allaah's Mercy, except the people who disbelieve, and who despairs of the mercy of his Lord except those who are astray?
She should hasten to do many good deeds, to expiate for her sin, as Allaah says (interpretation of the meaning): "And perform al-salaat (the prayer) at the two ends of the day and in some hours of the night. Verily, the good deeds remove the evil deeds…" [Hud 11:114]
She should resume a pure Islamic life, based on purity and chastity. Suicide is not a solution at all, as it is one of the most grievous of major sins, and will only increase the punishment of the one who does it. The Prophet SAWS (peace and blessings of Allaah be upon him) said: "Whoever throws himself down from a high mountain and kills himself will be throwing himself down from a mountain in the Fire of Hell for all eternity. Whoever takes poison and kills himself will be taking poison in the Fire of Hell for all eternity. Whoever kills himself with a weapon (literally, iron) will be holding it in his hand and stabbing himself in the stomach in the Fire of Hell for all eternity. (Reported by al-Bukhaari, 5778)
We ask Allaah to help this woman to repent sincerely, to forgive her sins and to include her in His Mercy, for He is the All-hearing Who answers prayers.









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Dought & clear, - She claims that her husband rapedher daughter and left; is she divorced automatically?

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A muslim woman married a muslim man when her youngest daughter was a few months old. he played the role of father.it has been discovered, after he returned to his country of birth for a visit.that he infact sexually molested the little girl and possibly rape.he denies it..but the medical reports confirm this.after weeks of therapy, the child confirmed that it was him that "played" with her..she still thinks it was a cool thing that happened.he has since not returned also sd the authorities are looking for him....QUESTION DOES THIS NULLIFY THE MARRIAGE AUTOMATICALLY? QUESTION: IF NOT -HOW CAN THE MOTHER NULLIFY THIS MARRIAGE.
Praise be to Allaah.
Firstly:
Undoubtedly what the husband did to this small child – if it is proven – is a serous crime, for which he deserves to be stoned to death. Perhaps such incidents indicate how far such scum are from the laws of Allaah. Hence the Muslim should be careful with regard to marriage, and he should be caution and be careful about letting female relatives of the wife be alone with people who are weak in faith, even if they are small.
Secondly:
It is well known that it is not permissible for a man to married at the same time to two sisters, and it is nor permissible for him to marry his wife’s mother – after doing the marriage contract with her – or her daughter – after consummating the marriage with the mother. So if the husband commits zina with the wife’s sister, mother or daughter, does his wife become haraam for him and must he divorce her? And if he was not married to her, is it permissible for him to marry her? These are issues concerning which the scholars differed, and there are three opinions:
1.
The view of the majority is that his wife does not become haraam for him. This is the view of Ibn ‘Abbaas (may Allaah be pleased with him), ‘Urwah, Sa’eed ibn al-Musayyab and al-Zuhri, and it is the view of the majority of scholars. Some of them narrated that Ibn ‘Abbaas said that his wife becomes haraam for him, but this is da’eef (weak); the correct view is that which we have mentioned above.
Their evidence is that marriage in sharee’ah applies only to the woman with whom the marriage contract is done, not just to intercourse. Moreover, there is no dowry, ‘iddah or inheritance in the case of zina. Ibn ‘Abd al-Barr said: The scholars of different regions who issue fatwas are unanimously agreed that it is not haraam for the zaani to marry the woman with whom he committed zina, so it is more permissible for him to marry her mother or daughter.
2.
Ibraaheem al-Nakha’i, al-Sha’bi, Abu Haneefah and his companions, Ahmad and Ishaaq said, and it was also narrated from Maalik, that if he commits zina with a woman, her mother and daughter become haraam for him.
3.
The view of the Hanafis – which is also the view of al-Shaafa’i – is that touching with desire for a permissible reason comes under the same ruling as intercourse, because it is intimacy. But if it is done for a haraam reason, it has no effect, like zina. They said: His wife become haraam for him if he merely touches her mother or looks at her private part.
Ibraaheem al-Nakha’i said: They used to say: If a man looks at a woman and at that which is not permissible for him, or touches her with desire, then they both become haraam to him.
Al-Musannaf(3/303).
The most correct view is the view of the majority, that his doing haraam actions with his wife’s mother, daughter or sister does not make his wife haraam for him, whether he is married or after the marriage has ended. Hence it is known that if a husband molests his wife’s daughter and even it is proven that he raped her, this reprehensible act does not mean that his wife becomes haraam for him.
Al-Bukhaari (may Allaah have mercy on him) narrated (5/1963) that Ibn ‘Abbaas (may Allaah be pleased with him) said: If a man commits zina with his wife’s sister, his wife does not become haraam for him.
Al-Bayhaqi narrated – in a report classed as saheeh by al-Haafiz Ibn Hajar (7/168) – that Ibn ‘Abbaas said concerning a man who committed zina with his wife’s mother: He has transgressed two sacred limits, but the wife does not become haraam for him.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
Question: If a man commits zina with a woman, do his ascendants and descendents become haraam for her, and do her ascendants and descendents become haraam for him?
Answer: They do not become haraam, because that is not included in the verse (interpretation of the meaning):“Forbidden to you (for marriage) are: … your wives’ mothers, your stepdaughters under your guardianship, born of your wives to whom you have gone in — but there is no sin on you if you have not gone in them (to marry their daughters), — the wives of your sons” [al-Nisa’ 4:23]. The zaaniyah (woman who commits zina) is not included in this, so if a person commits zina with a woman, we do not say that this woman is one of his wives, and we do not say that this woman with whom he committed zina is one of “your wives’ mothers” and thus it remains permissible (to marry her), because she is included in the verse (interpretation of the meaning):“All others are lawful…” [al-Nisa’ 4:24].
Al-Sharh al-Mumti’(5/179).
Thirdly:
You can ask for the marriage to be annulled by the sharee’ah judge (qaadi) for two legitimate reasons, the first of which is his evildoing and immorality by committing this revolting crime – if it is proven; the second is his being away from the home. Both of these reasons make it permissible for you to seek an annulment of the marriage from the sharee’ah judge and to demand your rights in full. This is called al-talaaq li’l-darar (divorce on the grounds of harm). Imam Maalik and Imam Ahmad (may Allaah have mercy on them) said concerning it: The harm which justifies seeking a separation of the couple includes everything that harms the wife or involves mistreatment of her, physically, mentally or psychologically. That varies from one woman to another, and according to circumstances and customs. Examples of harm for which a wife may ask for divorce include hitting her for no legitimate reason, forcing her to do something haraam or not to do something obligatory, and evil deeds, immorality and misconduct on his part.
And Allaah knows best.









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