Fathwa, - Explanation of the Hadeeth regarding adultery of the wife without witnesses

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Question
I have contacted you before and I do appreciate your advice, however I also visit other sites and the advice can be conflicting. when I visited last I mentioned that I am married, but have been unfaithful )Zina( and husband knows )I informed him because I thought I was obligated to do so, only to find out later that I was not obligated to tell him and in fact should not have told him - according to scholars(. He, however wants to stay together yet when upset says a lot of things in front of our daughter and threatens to tell everyone what I have done. I have done some research )i.e. what the Prophetsaid( about Zina and those who commit it, however when I seek advice from the knowledgeable scholars sometimes it differs. Which brings me to several questions that I have: 1( since I told my husband, am I now obligated to confess )I do know that would mean death( and if so to whom? My dad is still living, but if I confess to him, and he doesn't carry out Allaah's will, then what? 2( Is it Islamic to leave him considering what has happened or do I need to go public in order to do that )which means death(? If so what will happen to our daughter? )by the way it is his daughter without a doubt( will she need to know about this now or in the future if I'm put to death?
by no means do I want to be put to death, yet each day I stay in our relationship I feel as if Allaah is not pleased )i.e. we don't pray together he is a bit more negligent than I now whereas before we both were negligent( I pray and even make additional prayers along with Du'a and Istikhaara prayer in hopes that Allaah will forgive me and lighten my punishment. Which brings me to my last question: does Allaah not answer the prayer of the married Zina? I have read Hadeeth saying so. I would appreciate any knowledge you have to share. Also I have included a Hadeeth which I would like you to explain to me. See the following Hadeeth: Sahl bin Sa'd Al-Sa'idireported: Uwaimir Al-'Ajlani came to 'Asim bin 'Adi Al-Ansari and said to him: 'Asim tell me about a person who finds a man with his wife; should he kill him, and be killed in retaliation; or how should he act? 'Asim, ask for me )about a religious verdict( from Allaah's Messenger )may peace be upon him(. So 'Asim asked Allaah's Messenger )may peace be upon him( and he did not like this question and he disapproved of it so much that 'Asim felt aggrieved at what he had heard from Allaah's Messenger )may peace be upon him(. When 'Asim came back to his family, 'Uwaimir came to him and said: 'Asim, what did Allaah's Messenger )may peace be upon him( say to you? 'Asim said to 'Uwaimir: You did not bring something good. Allaah's Messenger )may peace be upon him( did not like this religious verdict that I sought from him. 'Uwaimir said: By Allaah, I will not rest until I have asked him about it. 'Uwaimir proceeded until he came to Allaah's Messenger )may peace be upon him( as he was sitting amidst people, and said: Messenger of Allaah, tell me about a person who found a man with his wife. Should he kill him, and then you would kill him, or how should he act? Thereupon Allaah's Messenger )may peace be upon him( said: )Verses( have been revealed concerning you and your wife; so go and bring her. Sahl said that they both invoked curses )and further said(: I was along with people in the company of Allaah's Messenger )may peace be upon him(. And when they had finished, 'Uwaimir said: Allaah's Messenger, I will have told a lie against her if I kept her )now(. So he divorced her with three pronouncements before Allaah's Messenger )may peace be upon him( had commanded him. Hadeeth number in Saheeh Muslim ]Arabic only[: 2741.
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 forbidden for every Muslim to reveal his sin, rather he has to conceal it. Therefore, you are not allowed to confess to your father or to your daughter or anyone else. In addition, no one is authorized to implement the penal laws except a Muslim ruler or his deputy. The rulings are mentioned in our previous Fataawa: 81814and 86970.
Allaah accepts the repentance of a person regardless of how many his sins were.
However, if your relations with your husband are strained and you cannot live in harmony and there is no hope to live a happy life, then it is permissible for you to ask for a divorce from him and Allaah will facilitate your matters.
Here is the explanation of the narration you enquired about.
The narration by'Uwaymir Al-'Ajlaaniis reported by ImaamAl-BukhaariandMuslim. The following only summarizes its meaning:
'Uwaymir Al-'Ajlaanicame to'Aasim Ibn 'Adiyyand asked him: 'If a husband finds another man with his wife and is sure that he had committed adultery with her; if he kills him would he be killed? Or should he remain patient and keep silent about the matter? If he does reain silent then he has indeed kept quiet about a major issue. Would you ask the Prophetabout the matter?''Aasimdid so. However, the Prophetdid not like the question, as this is a matter about transgressing other people's honour. So'Aasimreturned to'Uwaymirand informed him that the Prophetdid not like the question. Thereupon,'Uwaymirinsisted to ask the Prophethimself, and then the verses regarding the spouses cursing each other when the husband accuses the wife of committing adultery. Indeed this matter happened to'Uwaymirand the Prophetordered him to bring his wife and when she denied having committed adultry, he commanded them and they cursed each other, and then he divorced her. Thereafter, the Sunnah was that whoever curses his wife must separate from her permanently based on this cursing. The curse is done as follows: Allaah says )which means(: }And those who accuse their wives ]of adultery[ and have no witnesses except themselves — then the witness of one of them ]shall be[ four testimonies ]swearing[ by Allaah that indeed, he is of the truthful. And the fifth ]oath will be[ that the curse of Allaah be upon him if he should be among the liars. But it shall prevent the punishment from her if she gives four testimonies ]swearing[ by Allaah that indeed, he is of the liars. And the fifth ]oath will be[ that the wrath of Allaah be upon her if he was of the truthful.{ ]Quran 24:6-9[. The Sunnah , however, is that the ruler should remind them of Allaah and admonish them before they proceed to curse each other.
Allaah knows best.









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Fathwa, - Her husband rejects his daughter to be traced back to him

Question
I have known my husband five years and we have been married four.
After two years of marriage in the US he went home to Tunisia. The US
would not let him return for ten years because of overstay of visa. I
went to Tunisia and fought for his return. In this period I became
pregnant. It took 15 months of hard work but in short his case was
approved. He returned and stayed without work for 6 months and had
work for 1 and a half months and left. Now he is saying our daughter
Khadeejah is not his daughter and he has even taken his last name from
her. He will not take a test to prove that she is his and he will not
help me in anyway with her. I am Muslim and have only been for three
years. I have much to learn. But I would have never thought that a
Muslim man would do this. But he says he is standing behind Islam in
his choice. Where would I find this in the Quran? I have read he must
bring four witnesses. In the Islamic way what can I do? I already know
what I can do here in the western world. But I am looking for the way
of Islam.
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.
First of all, it should be noted that in principle a Muslim is
innocent and it is not permissible to accuse him/her of a dishonour
]with something immoral[ without evidence, especially in matters of
dignity, and mainly between the husband and his wife. Allaah Says
)what means(: }O you who have believed, avoid much ]negative[
assumption. Indeed, some assumption is sin.{]Quran 49:12[. If a man
accuses his wife of having committed adultery, then he should bring
four witnesses for his claim, orthey should perform Li'aan )which is
when each of them makes an oath he is truthful in his claim and then
asks Allaah to curse the one who is lying( otherwise, he should be
whipped for accusing a chaste woman of committing adultery.
If a married woman is pregnant and gave birth to a child, the child is
traced back to her husband and it is not permissible for him to deny
the child from his lineage, and he is not permitted to do so except if
he performs Li'aan with his wife in which case the child will be
traced back to her. It is confirmed that the Prophetsaid:"The baby
belongs to the owner of the bed )i.e. the husband(."]Al-Bukhaari and
Muslim[ Therefore, it is an obligation to advise this husband, if it
is confirmed that he is accusing you of adultery, as he should not
accuse you of having committed adultery without evidence, or reject
his daughter to be traced back to him. He should be reminded about the
religious view on this matter as we discussed. If he still persists on
accusing you of adultery, and refuses to accept the daughter as his,
then you may take the matter to an Islamic court or to an institution
which usually attends to personal matters in non-Muslim countries like
Islamic centres and the like.
It should be noted that it is not permissible to resort to man-made
laws )i.e. civil courts( without a necessity. Also, refusing lineage
is not decided by sperm test, as in principle the family lineage is
confirmed, and the evidence is the above narration in which the
Prophetsaid:"The baby belongs to the owner of the bed."So, this
principle should not be neglected because of a suspicion which is
subject to many deficiencies. For more benefit, please refer to Fatwa
88510.
Finally, we advise you to be patient and wise, while invoking Allaah
to relieve your grief and make a way out to your difficulty. You
should know that Allaah will be with you if you are really wronged,
and He will make the truth overcome. Furthermore, you should know that
Islam protects your rightsmore than any other religion or law, and
Islam is disowns the behaviour of this man, if he is as you mentioned.
Allaah Knows best.

Fathwa, - Situations that make a wife forbidden for her husband

Question
When a girl )wife( become maharam or haaraam for her husband?
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.
In principle, a husband and wife remain married and a wife does not
become forbidden for her husband unless something which entails a
separation between them takes place such as divorce, orLi'aan.Li'aan,
which is when both spouses make an oath that he/she is truthful in
his/her claim and then invoke the curse of Allaah on the one who is
lying. This takes place when the husband accuses his wife with
adultery, and is done in front of the ruler or the judge. By invoking
this curse on each other, the wife becomes permanently forbidden for
her husband.
Similarly, Thihaar, which is the saying of the husband to his wife
"You are like my mother to me", meaning that ''You are forbidden upon
me exactly like my mother'' then his wife becomes temporary forbidden
until he expiates his sin in accordance with the saying of Allaah
)which means(: }And those who make unlawful to them )their wives( )by
Thihaar( and wish to free themselves from what they uttered, )the
penalty( in that case )is( the freeing of a slave before they touch
each other. That is an admonition to you )so that you may not return
to such an ill thing(. And Allaah is All-Aware of what you do. And he
who finds not )the money for freeing a slave( must fast two successive
months before they both touch each other. And for him who is unable to
do so, he should feed sixty of poor people.{]Quran 58:3[.
Additionally, it should be noted that a husband may be forbidden from
having sexual intercourse with his wife while she is still considered
his wife, for instance, when she is in menses or in post partum
bleeding, as Allaah Says )what means(: }They ask you concerning
menstruation. Say: that is an Adha )a harmful thing for a husband to
have a sexual intercourse with his wife while she is having her
menses(, therefore keep away from women during menses and go not unto
them till they have purified )from menses and have taken a bath(. And
when they have purified themselves, then go in unto them as Allaah has
ordained for you )go in unto them in any manner as long as it is in
their vagina(.{]Quran 2: 222[.
To conclude, it should be noted that if the divorce is revocable, like
the first or second divorce, then it is permissible for the husband to
go back his wife as long as she is in her waiting period, but if her
waiting period finished, he can re-marry her but with a new marriage
contract. However, if it is the third divorce, then she becomes
forbidden for him until she marries another man who divorces her after
consummating the marriage with her. Consequently, her first husband
may re-marry her ]with a new contract and a new dowry[, after she
observes the waiting period of her divorce from her second husband.
Allaah Knows best.

Fathwa, - Said to his wife ‘Has anybody touched you before our marriage?'

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Question
Assalam u alaikum Dear Sir, If a husband said to his wife in anger "have anybody before our marriage touch you". Will this sentence have any impact / effect on the Nikkah. Allah hafiz
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 Muhammad, is His slave and Messenger.
That expression does not affect the marriage contract whether the husband said it when he was angry or while in normal state. However, it is not permissible for a husband to ask his wife this question, and it is not permissible for her to inform him about it )the truth(, even if she really had committed this sin because it is an obligation on a Muslim to conceal himself/herself if he/she had committed one.
Speaking about a sin which someone had committed is considered another sin.
For more benefit, Allaah Knows best.









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