Dought & clear, - Woman who accepts Islam and whose husband is a kaafir

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If a lady reverts to Islam and is married to a non-Muslim man, must she divorce this man? If he refuses to become a Muslim, can she continue to live with him?
All praise be to Allah the Almighty.
If a woman becomes a Muslima and her husband is a kaafir, then it becomes mandatory for her to separate from him and it is not permissible for her to remain with him in his state of shirk (disbelief), as per Allah's injunction (interpretation of the meaning):
"… do not send them back to the disbelievers—they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…" (Al-Mumtahinah 60:10).
It is her duty to invite him to Islam and to attempt to convince him via various approaches in the hope that Allah may accept her efforts and give her the great reward for his guidance through her. The prophet (peace be upon him) once told Ali (may Allah be pleased with him) when he sent him to a people who were idol-worshippers:
"Invite them to Islam and inform them what is required of them, for (I swear) by Allah, that Allah guides a man through you is better than if you had humr un-na'am (a particular kind of camel which is the most sought-after wealth among the Arabs)" (Al-Bukhari, Fath il-Baari 3009).
As for the course of the marriage, and what she should do if her husband accepts Islam or doesn't, Ibn ul-Qayyim (may Allah have mercy upon him) said: What is indicated by evidence of his (i.e., the prophet's) ruling is that the marriage is mawqoof, or in abeyance (i.e. suspension); if her husband accepts Islam before the elapsing of her 'iddah (waiting period), then she remains his wife. If her 'iddah elapses then she has the right to marry whom she pleases or if she likes she may wait (in the hope he may still accept Islam). If he then accepts Islam, she becomes his wife without need of renewing the marriage. (Zaad ul-Ma'aad, Vol 5 p.138).
wallahu a'lam. (And Allah the Most Knowledgeable knows what is the most true and correct)









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For children, - Akhlaq, Islamic Behavior, Good Conduct, Morality, Good Manners, Islamic Etiquette

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Akhlaq is an Arabic term referring to the practice of virtue, morality and good manners in Islamic Theology and Philosophy (Falsafah). It is most commonly translated in English as; islamic behavior, disposition, good conduct, nature, temper, ethics, morals or character (of a person).
Akhlaq is the plural for the word Khulq which means disposition. "Disposition" is that faculty (Malakah) of the soul (Nafs) which is the source of all those activities that man performs spontaneously without thinking about them. Malakah is a property of the soul which comes into existence through exercise and repetitive practice and is not easily destroyed.
A particular disposition (Malakah) may appear in human beings because of one of the following reasons:
1.Natural and physical make up (Fitrah): It is observed that some people are patient while others are touchy and nervous. Some are easily disturbed and saddened while others show greater resistance and resilience.
2.Habit (Ada): It is formed because of continual repetition of certain acts and leads to the emergence of a certain disposition.
3.Practice and conscious effort: Which if continued long enough will eventually lead to the formation of a disposition.
Even though the physical make-up of an individual produces certain dispositions in him, it is by no means true that man has no choice in the matter and is absolutely compelled to abide by the dictates of his physical make-up. On the contrary, since man has the power to choose, he can overcome the dictates of his physical nature through practice and effort, and can acquire the disposition of his choice.
Of course, it should be admitted that those dispositions which are caused by the mental faculties such as intelligence, memory, mental agility and the like, are not alterable. All other dispositions, however, may be changed according to man's will. Man can control his lust, anger and other emotions and desires, and channel them to edify himself and propel himself along the path of perfection and wisdom.
When we speak of man's capacity to bring about changes in his dispositions, we do not mean that man should destroy his instincts of reproduction or self-preservation. Man could not exist without these instincts. What we mean is that one should avoid going to either extremes in regard to them, and maintain a condition of balance and moderation so that they may perform their functions properly. Just as the seed of a date grows into a fruitful tree through proper care, or a wild horse is trained to serve his master, so also can man attain perfection and wisdom through self-discipline and intelligent perseverance.
Human perfection has many levels. The greater the amount of self-discipline and effort on the part of the individual, the higher the level of perfection that he would attain. In other words, he stands between two extreme points, the lowest of which is below the level of beasts and the highest of which surpasses even the high station of angels. The human movement between these two extremes is discussed by ilm al-Akhlaq (Science of Ethics). It is the goal of ethics to raise and guide man from the lowest animal state to that exalted position superior to that of the angels.
In a hadith from Imam Ali (as)is related as saying, Allah (SWT) created Angels with intellect but without anger or desire. And created animals with anger and desire but without intellect. And created man with intellect (reason), anger and desire. If man's reason over powers his anger and desires, he rises to the status of that higher than angels. But if his anger and desires overpower his intellect and reason he becomes lower in status than that of an animal.
The importance of ethics is thus revealed. And it is because of the reasons mentioned above that ethics is considered to be the most exalted and valuable of sciences; Moreover, we know that man is the noblest of creatures, the ultimate purpose of whose existence is to attain perfection; therefore, it follows that ethics is the noblest of all sciences.








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Fathwa, - Troubled marriage endedby divorce still troubled

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Question
I was married to a guy and I spend three worst years in my life with him and two years ago I left my house to my parent house, we had divorced by Australian law but he refuse to divorce me by Islamic law, I don't want to go back to him and I want Talaaq, because someone want to marry me, what can I do? According to Shariah, after certain time I should have the divorce from him. Please advice me because my ex-husband want money from me to divorce me and I refuse to give him any money, because I work hard for three years when I was his wife and he took all my money.
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.
It is incumbent upon each spouse to live with and treat the other honourably. It is forbidden for a husband to take the property of his wife without her consent.
When answering a similar case we suggested that the case be taken to an Islamic court. The quote in our Fatwa: 88495states: "We advise the sister asking the question to take her matter to an Islamic court, if any, or to the Muslim community if there is no Islamic court, to look into the case and oblige the husband to fulfill his obligations according to the Islamic Jurisprudence. The judge is the person who grants divorce if the husband does not divorce her voluntarily. Thus, the questioner should know that there is no such 'self divorce' as stated in the question".
Allaah knows best.









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