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Friday, March 7, 2014

Dought & clear, - Commited Adultery and Wants to Abort Foetus













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I am a Muslim single person who lives in the USA. I committed adultery many times with the same woman. Now the woman is pregnant. I would like to know if I can marry her in order to solve the problem (I mean cover the scandal) so the baby will find a father and gets the name. Actually, unfortunately, I would prefer abortion and I wish to convince her to do that, but don't know if this is considered killing a person. If so, I would feel guilty because of that. I believe the embryo is about 6-8 weeks. Please, I need your help as soon as possible.
Praise be to Allah
Firstly, my brother in Islam, I offer you my condolences for the faith that you lost during the times when you were committing adultery. For the Prophet (peace and blessings of Allah be upon him) said: “When an adulterer commits illegal sexual intercourse, then he is not a believer at the time he is doing it, and when a drinker of an alcoholic liquor drinks it, then he is not a believer at the time of drinking it, and when a thief steals, then he is not a believer at the time of stealing, and when a robber robs, and the people look at him, then he is not a believer at the time of doing robbery.” (al-Bukhari)
Have you not read what your Lord says in His Book?
“And come not near to unlawful sex. Verily, it is a Fahishah (i.e. anything that transgresses its limits: a great sin, and an evil way that leads one to Hell unless Allah forgives him).”
[17:32 – interpretation of the meaning]
Do you not know that Allah sees you wherever you are, and He hears you when you speak?
Do you not remember the great blessings that Allah has bestowed upon you? For He is the One Who heals you when you are sick, the One Who feeds you when you are hungry and gives you to drink when you are thirsty. And He has given you the greatest blessing that He has bestowed upon mankind, the blessing of Islam.
“Is there any reward for good – other than good?” [55:60 – interpretation of the meaning]
My brother, ask yourself: Whose dominion do you live under? Whose provision do you eat from? By Whose command do you live? Is it not the dominion of Allah, the provision of Allah, the command of Allah? So how can you disobey Allah?
Perhaps you have forgotten the hadeeth (narration) of the Mi’raj (ascension), in which the Prophet (peace and blessings of Allah be upon him) said:
“… then we proceeded and came to something like a tannoor (a kind of oven).” [The narrator] said: “I think he said, ‘in which there were clamouring voices.’” He [the Prophet (peace and blessings of Allah be upon him)] said: “We looked into it and there we saw naked men and women. Flames were coming to them from the bottom of it, and when the flames reached them, they made an uproar. I said to them [i.e., the two angels who were accompanying him], ‘Who are these?’ They said, ‘Proceed, proceed!’… I said to them, ‘I have seen strange things this night. What is this that I have seen?’ They said, ‘We will tell you…. The naked men and women in the structure that resembled a tannoor oven are the adulterers and adulteresses.’”
(Narrated by al-Bukhari).
So you must hasten to repent sincerely before death overtakes you, for the gate of repentance is open until the sun rises from the west or before the soul reaches the throat [at death]. Allah rejoices over the repentance of His slave, and He will change his bad deeds (sayyiat) into good deeds (hasanat). Allah says (interpretation of the meaning):
“And those who invoke not any other ilah (god) along with Allah, nor kill such a person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled for him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allah with true repentance.”
[25:68-71]
Secondly, with regard to your question, “Do I have to marry her?”: this is the issue of the adulterer marrying the woman with whom he committed adultery. The answer is that it is not permissible for him (the adulterer) to marry her, or for her to marry him, until the label of adultery no longer applies to them. That label can only be removed through repentance.
It is not permissible for you to marry her even if she is Jewish or Christian, because she is a zaniyah (adulteress). Even if she is Muslim, it is not permissible for you to marry her because she is a zaniyah. And it is not permissible for her to accept you as a husband because you are a zani (adulterer). Allah says (interpretation of the meaning):
“The adulterer — fornicator marries not but an adulteress — fornicatress or a polytheist; and the adulteress –fornicatress, none marries her except an adulterer — fornicator or a polytheist [and that means that the man who agrees to marry (have a sexual relation with) a Mushrikah (female polytheist, pagan or idolatress) or a prostitute, then surely, he is either an adulterer — fornicator, or a Mushrik (male polytheist, pagan or idolater). And the woman who agrees to marry (have a sexual relation with) a Mushrik or an adulterer — fornicator, then she is either a prostitute or a Mushrikah]. Such a thing is forbidden to the believers (of Islamic Monotheism).” [24:3]
The phrase “Such a thing is forbidden to the believers” indicates that this marriage is forbidden.
“It is essential that both of you repent to Allah, give up this sin, regret the evil actions that have occurred in the past, resolve not to return to them, and do many righteous deeds, so that Allah may accept your repentance and turn your bad deeds (sayyiat) into good deeds (hasanat). Allah says (interpretation of the meaning):
‘And those who invoke not any other ilah (god) along with Allah, nor kill such a person as Allah has forbidden, except for just cause, nor commit illegal sexual intercourse and whoever does this shall receive the punishment.
The torment will be doubled for him on the Day of Resurrection, and he will abide therein in disgrace;
Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allah will change their sins into good deeds, and Allah is Oft‑Forgiving, Most Merciful.
And whosoever repents and does righteous good deeds; then verily, he repents towards Allah with true repentance.”
[25:68-71]
If you want to marry her, you have to be sure that she is not pregnant by waiting to see if she menstruates. If it becomes apparent that she is pregnant, it is not permissible for you to marry her until after she delivers the baby, in accordance with the hadeeth (narration) of the Prophet (peace and blessings of Allah be upon him), in which he forbade a man to use his water to irrigate the crops of another.”
(Fatwas of the Standing Committee in al-Buhooth al-Islamiyyah magazine)
Thirdly, you say, “so the baby will find a father and gets the name.” This is the matter of attributing the child of adultery: who is he to be named after?
The answer is that the majority of scholars have said that the child of adultery should not be named after the adulterer, because the Prophet (peace and blessings of Allah be upon him) said: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e., to be stoned to death).” (Agreed upon.)
Fourthly, you say, that you would prefer the woman to get rid of the baby. This is the issue of abortion, and the ruling on that is as stated in the report of the Committee of Senior Scholars (Hay at Kibar al-‘Ulama) which is as follows:
“1 – It is not permissible to abort the pregnancy at any of its various stages except for a legitimate shar’i (legal) reason, and within very narrow limits.
2 – If the pregnancy is in the first stage, which is forty days, and aborting it will serve a legitimate shar’i interest or ward off some harm, then it is permissible to abort it. But aborting it at this stage for fear of difficulty in bringing up children or in providing for them or teaching them, or fear for their future, or because the couple feel that they have enough children – this is not permitted.
3 – It is not permissible to abort the pregnancy once it has become an ‘alaqah (clot) or mudghah (chewed lump of flesh) [i.e., after 40 days’ gestation] unless a trustworthy medical committee has stated that allowing the pregnancy to continue poses a danger to the health of the mother, such that there is the fear that she will die if the pregnancy continues. In this case it is permissible to abort the pregnancy, after exhausting all other means of trying to ward off that danger.
After the third stage, and after the completion of four months of pregnancy, it is not permissible for you to abort the pregnancy unless a group of trustworthy specialist doctors decide that leaving the foetus in his mother’s womb will lead to the death of the mother; this is after exhausting all possible means of keeping the foetus alive. Performing an abortion subject to these conditions is permitted in order to ward off the greater of the two harms, and to preserve the greater of the two interests.”
(Quoted from al-Fatawa al-Jami’ah)
We ask Allah to keep us safe and sound and to accept our repentance.
May Allah bless our Prophet Muhammad.







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Dought & clear, - How can zinaa be proven?













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I know that in the past if someone has committed adultery, they had to bring 4 witnesses .
My question is can we prove that today by using latest scientific methods as the DNA test, instead of bringing 4 witnesses.
Praise be to Allaah.
According to Islamic sharee’ah, zinaa can only be proven by clear evidence, namely the testimony of four trustworthy and sound witnesses who saw it actually happen, or by confession of guilt, or by the woman becoming pregnant. It cannot be proven by DNA testing or by use of cameras and videos in place of the things mentioned above. And Allaah knows best.









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Dought & clear, - Is zinaa intercourse only?













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I need further information about the verse interpreted here about adultery. Adultery, according to the Hudood I read, require penetration. Is that true of Islamic law?
Are married persons, or single for that case, indulging in immoral acts that do not include penetration (but maybe oral sex), exempted from this punishment?
Secondly, is there a forgiveness for adultery? Or for what I inquired in my previous question.
I'd be greatly obliged to recieve an answer, because this issue has confused me for a long time.
Praise be to Allaah.
Zinaa, in Arabic, means immorality, and is used with two meanings in shar’: a general meaning and a specific meaning.
The general meaning includes that which carries the punishment (hadd) and that which does not carry it. Islam does not give the name of zinaa only to that which carries the punishment, which is just one of many types of zinaa. Ibn ‘Abbaas (may Allaah be pleased with them both) said: “I have never heard any better definition of ‘small faults’ [al-Najm 53:32] than that which Abu Hurayrah (may Allaah be pleased with him) narrated from the Prophet (peace and blessings of Allaah be upon him): ‘Allaah has decreed for every son of Adam his share of zinaa, and there is no way to escape from it. The zinaa of the eye is a glance, the zinaa of the tongue is speaking, and the zinaa of the mind is wishing and hoping; then the private part either acts upon this or it does not.’” (Reported by al-Bukhaari, 11/26; Muslim, 4/2046).
Al-Bukhaari included this hadeeth in a chapter entitledBaab zinaa al-jawaarih doon al-farj(Chapter on the zinaa of faculties other than the private part).
Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said: “Zinaa is not always associated with the private part itself, but may involve other faculties such as the eyes and so on.” Ibn Battaal (may Allaah have mercy on him) said: “Looking and speaking are called zinaa because they lead to real zinaa. This is why he said that the private part either acts upon this or it does not”
Zinaa is one of the forbidden deeds, one of the most serious major sins (kabaa’ir) aftershirkand murder. Allaah says (interpretation of the meanings):
“And those who invoke not any other god along with Allaah, nor kill such life as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse – and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace; except those who repent and believe 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]
“And come not near to unlawful sexual intercourse. Verily, it is a faahishah [anything that transgresses its limits – a great sin], and an evil way (that leads one to Hell unless Allaah forgives him).” [al-Isra’ 17:32]
Imaam al-Qurtubi (may Allaah have mercy on him) said: “The ‘ulama’ said that the phraseAnd come not near to unlawful sexual intercourseis more eloquent than merely saying ‘Do not commit zinaa’, because the meaning is, Do not even come close to zinaa.” This means not doing any deed that may get close to zinaa or lead to it, such as being alone with a member of the opposite sex, touching, looking, going to evil places, speaking in a haraam manner to a woman to whom one is not related, thinking about and planning immoral acts, and so on.
‘Abd-Allaah ibn Mas’ood said: “I asked the Messenger of Allaah (peace and blessings of Allaah be upon him), ‘Which sin is worst in the sight of Allaah?’ He said, ‘To make any rival to Allaah, when He has created you.’ I asked, ‘Then what?’ He said, ‘To kill your child for fear that he will eat with you.’ I asked, ‘Then what?’ He said, ‘To commit zinaa with the wife of your neighbour.’” (Reported by al-Bukhaari, 8/492; Muslim, 1/90).
All religions are agreed that zinaa is haraam; no religion allows it. The punishment for zinaa is the most severe of punishments, because it violates people’s honour and lineages.
The sin of zinaa may be of varying degrees, and the gravity of the offence depends on the nature and circumstances of the deed, although all zinaa is haraam, a major sin and an act of immorality. Zinaa with a mahram [i.e., incest] (Allaah forbid) or with a married woman is far worse than zinaa with a woman to whom one is not related or with an unmarried woman, because it involves violating the rights of the husband, contaminating his bed, attributing a child to him that is not his, and other kinds of offence and harm. If her husband is a neighbour, the crime of being a bad neighbour is added to the offence; if her husband is one's brother or relative, the crime of breaking family ties is added. The Prophet (peace and blessings of Allaah be upon him) said: He will not enter Paradise whose neighbour is not safe from his evil actions.” (Reported by Muslim, 1/68). There is no evil action worse than zinaa, and if the husband is absent for the sake of Allaah, such as in worship, seeking knowledge or jihaad, then the sin is compounded. Buraydah (may Allaah be pleased with him) reported that the Prophet (peace and blessings of Allaah be upon him) said: “The wives of the mujaahideen are as sacred and forbidden to those who stay behind as their own mothers. There is no man of those who stay behind who is entrusted by one of the mujaahideen with the care of his family and then betrays him (by committing zinaa), but he will be detained on the Day of Resurrection, and (the one whom he betrayed) will take as much of his good deeds as he wishes. So what do you think?” (Reported by Muslim, 3515). If the adulterer is married, the sin is greater, and the punishment is stoning, and if he is an old man, the sin is greater and the punishment is as the Prophet (peace and blessings of Allaah be upon him) mentioned in the hadeeth about the three whom Allaah will neither look at nor praise on the Day of Resurrection, and who will have a painful punishment.” (Saheeh Muslim, 156). If the deed is also committed during a sacred month or in a sacred place or at a time which is special in the sight of Allaah, the sin is compounded.
The fuqaha’ (may Allaah have mercy on them) stated that the basic act of zinaa which carries the punishment is illegal sexual intercourse, whereby the two “circumcised parts” [i.e. genitals] come together and there is penetration of the tip of the penis, because this is actual penetration (which carries the prescribedhaddor punishment).
A person must avoid evil deeds and everything that can lead to them. Allaah has commanded us to avoid the traps of the Shaytaan, because if a man takes one step in that direction, his shaytaan and his own ego (nafs) will keep urging him to do evil until he commits immoral deeds.
One should think about how serious it is to touch a woman to whom one is not related, as the Prophet (peace and blessings of Allaah be upon him) explained: “If one of you were to be stabbed in the head with a piece of iron it would be better for him than if he were to touch a woman whom it is not permissible for him to touch.” (Reported by al-Tabaraani; see alsoSaheeh al-Jaami’, 5045). This refers to the punishment for touching, so how about worse deeds, such as embracing and kissing, and even worse kinds of illicit activity? The Muslim qaadi is empowered to stipulate an appropriate punishment for every proven action other than actual intercourse; in the case of intercourse, the punishment set out by Islam is one hundred lashes and a year’s exile for one who is unmarried, and stoning for one who is married. This is the punishment in this world, and the punishment in the Hereafter is far more severe.
One of the important principles which the salaf (may Allaah have mercy on them) pointed out is that the sincere believer who truly hopes for Allaah and the Hereafter should not look at whether the sin is major or minor, or whether is carries a punishment (hadd) or not. It was reported that Ibn ‘Abbaas (may Allaah be pleased with them both) said: “There is no major sin if one asks for forgiveness, and there is no minor sin if one persists in repeating it.” Someone else said: “If you want to disobey Allaah, do not think about the smallness of the sin, think about the greatness of the One Whom you are disobeying.”
With regard to the matter of repentance from zinaa, please refer to the book "I Want to Repent, But...", …”, under the heading Books on this website. May Allaah bless our Prophet Muhammad.










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