Dought & clear, - He committed zinaa then he became Muslim; should he be subjected to the punishment?

If a kaafir commits zinaa (unlawful sexual intercourse) then he
becomes Muslim, should the hadd punishment be carried out on him?
Praise be to Allaah.
If a dhimmi (Jew or Christian living under the protection of the
Islamic state) commits zinaa then becomes Muslim, and there is
evidence to prove that he did commit zinaa, the hadd punishment is no
longer to be applied to him; he should not be punished by either hadd
(punishment specified in sharee'ah) or ta'zeer (punishment to be
specified by the qaadi or Muslim judge in a particular case). This was
the view of al-Shaafa'i, based on the aayah (interpretation of the
meaning):
"Say to those who have disbelieved, if they cease (from disbelief),
their past will be forgiven" (al-Anfaal 8:38).
He also quoted as evidence the hadeeth of the Prophet (peace and
blessings of Allaah be upon him):
"Islam wipes out whatever came before it." (Narrated by Muslim from
'Amr ibn al-'Aas).
The Qur'aan also states that the punishment for a thief or bandit is
no longer applicable if they repent, so this reprieve is more
applicable in the case of a kaafir (who becomes Muslim). Moreover,
enforcing the punishment would put people off Islam. This is the same
reason which is given by scholars for stating that a person who enters
Islam does not have to make up the prayers that he has missed. And
Allaah knows best.

Dought & clear, - Ruling on one who committed zina with a non-Muslim woman when he was not married

What is the ruling on committing zina with a non-Muslim woman when one
is not married?.
Praise be to Allaah.
Firstly:
Zina is a major sin and one of the worst crimes. Allaah says
(interpretation of the meaning):
"And come not near to unlawful sex. Verily, it is a Faahishah (i.e.
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]
"And those who invoke not any other ilaah (god) along with Allaah, nor
kill such person as Allaah has forbidden, except for just cause, nor
commit illegal sexual intercourse __and whoever does this shall
receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and
he will abide therein in disgrace"
[al-Furqaan 25:68-69]
It makes no difference whether zina is committed with a Muslim woman
or a non-Muslim.
Secondly:
As for the punishment for zina in this world, Allaah has enjoined the
hadd punishment for it. Allaah says concerning the hadd punishment of
an unmarried zaani (i.e., one who has not been previously married)
(interpretation of the meaning):
"The fornicatress and the fornicator, flog each of them with a hundred
stripes. Let not pity withhold you in their case, in a punishment
prescribed by Allaah, if you believe in Allaah and the Last Day. And
let a party of the believers witness their punishment"
[al-Noor 24:2].
As for the one who has previously been married, the punishment is to
be stoned to death, as it says in the hadeeth narrated by Muslim in
hisSaheeh(3199) from the Prophet (peace and blessings of Allaah be
upon him), who said: "For a previously married person with a
previously married person, one hundred lashes and stoning."
In this case too, it makes no difference whether zina is committed
with a Muslim woman or a non-Muslim.
The seriousness of this crime is not limited only to immediate
punishment in this world, but the punishment in the Hereafter is
harsher and more severe. It says in the hadeeth narrated by
al-Bukhaari (7074) from Samurah ibn Jundub (may Allaah be pleased with
him) that the Prophet (peace and blessings of Allaah be upon him)
said: "Last night two persons came to me and woke me up, and set off
with me. ... We went on and we came to something like a tannoor oven, in
which there were shouting and voices. We looked inside and we saw
naked men and women, towards whom flames were coming from the bottom
of the oven. When the flames reached them they made a noise. I said to
them [the two angels], 'Who are these people?' ... They said to me, 'We
will tell you... the naked men and women in the structure like a tannoor
oven are the adulterers and adulteresses."
What the one who has fallen into this major sin must do is repent
sincerely to Allaah, and keep away from everything that may lead to
this haraam or cause him to return to it. Allaah rejoices over the
repentance of sinners and accepts it from them. Allaah says
(interpretation of the meaning):
"Say: O 'Ibaadi (My slaves) who have transgressed against themselves
(by committing evil deeds and sins)! Despair not of the Mercy of
Allaah, verily, Allaah forgives all sins. Truly, He is Oft-Forgiving,
Most Merciful"
[al-Zumar 39:53]
Ibn Katheer (may Allaah have mercy on him) said: This verse is a call
to all sinners, kaafirs and others, to repent and turn to Allaah. It
tells us that Allaah forgives all sins for the one who repents to Him
and turns away from them, no matter what they are, even if they are
many and are like the foam of the sea. End quote fromTafseer Ibn
Katheer(7/106)
And Allaah knows best.

Dought & clear, - Protecting societies from zina

How can four witnesses be brought against the man and woman who commit
zina in the present age?
How can we advise our Muslim youth against this evil action? May
Allaah reward you with good.
Praise be to Allaah.
Firstly:
The scholars have listed the ways of establishing proof of zina, and
there are four ways:
1- Testimony of witnesses
2- Admission by the parties concerned
3- Pregnancy of a woman who has no husband or master
4- If the husband engages in li'aan and the wife refuses to take
part in li'aan
With regard to witnesses to zina, they should be four people whose
testimony is acceptable, and they should state that they have seen the
zina in clear terms, i.e., they should have seen the man's penis in
the woman's vagina. If some of them only testify that they saw them
naked, or they describe certain positions or movements, that is not
sufficient to proof that zina took place.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said inal-Sharh
al-Mumti'(6/157):
They should describe zina in clear terms, such as saying: "I saw his
penis in her vagina". There is no alternative to that. If they say:
"We saw him on top of her and they were naked", that is not
acceptable. Even if they say "We saw him doing with her what a man
does with his wife," that is not sufficient as testimony. They must
say "We bear witness that his penis was in her vagina." And this is
very difficult, as the man said who was testified against at the time
of 'Umar: "If you were among the (four) thighs you would never be able
to give this testimony." Hence Shaykh al-Islam Ibn Taymiyah mentioned
that at his time no case of zina was proven by means of testimony from
the time of the Prophet (peace and blessings of Allaah be upon him)
until the time of Ibn Taymiyah. If no case was proven from that time
until the other, then we do not know of any case that was proven by
testimony up till our own times, because it is very difficult. End
quote.
This strictness with regard to testimony about zina serves only to
achieve the purpose aimed at by sharee'ah, which is to conceal people
and not spread immorality, and to make societies avoid accusations
against people's honour and aspersions on their lineages.
Al-Qurtubi (may Allaah have mercy on him) said inal-Jaami' li Ahkaam
al-Qur'aan(5/83):
Allaah has stated that testimony in a case of zina must be given by
four people, so as to make it hard for those who are testifying to
such a thing, and to conceal people. End quote.
Shaykh 'Abd al-Rahmaan al-Sa'di said in hisTafseer(1/563):"Why did
they not produce four witnesses?" [al-Noor 24:13], i.e., why did the
accusers not bring witnesses to the things they accused them of? "four
witnesses" i.e., of good character. "Since they (the slanderers) have
not produced witnesses! Then with Allaah they are the liars" - even if
they are certain about that in themselves, they are liars in Allaah's
judgement, because Allaah has forbidden them to speak of that without
four witnesses. Hence Allaah says: "Then with Allaah they are the
liars", and He did not say "Then they are the liars". All of this
points to the grave sanctity of the Muslim's honour, so it is not
permissible to make accusations against it without establishing
testimony. End quote.
See also the answers to questions no. 839and 6926.
Secondly:
With regard to protecting our youth and our societies against this
evil, it is essential that there be a concerted effort on the parts of
nations and societies, on various fronts. It is a communal
responsibility, not an individual one. It is not possible to attain
the well being of societies without integrated efforts to adopt the
means that will protect them against zina and its effects. These means
include the following:
1 - Spreading awareness of the seriousness of the sin of zina, and
that it is one of the major sins which common sense and sharee'ah
agree is abhorrent and haraam; explaining that it is the cause of
nations' downfall and that it brings calamities upon this world, and
the punishment of Hell on the Day of Resurrection.
Imam Ahmad said: After murder, there is nothing worse than
zina.Ghadha' al-Albaab(2/435).
Allaah says (interpretation of the meaning):
"And come not near to unlawful sex. Verily, it is a Faahishah (i.e.
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]
Shaykh 'Abd al-Rahmaan al-Sa'di said in hisTafseer(1/457):
Allaah describes zina and its evil as "a Faahishah (i.e. anything that
transgresses its limits: a great sin" i.e., a sin that is abhorrent
according to sharee'ah, common sense and sound human nature, because
it is a transgression against the rights of Allaah, the rights of the
woman, the rights of her family, and the rights of her husband, and it
is spreading immorality, confusing lineages and other evils. The
phrase "and an evil way" means it is an evil way for the one who dares
to commit this grave sin. End quote.
Making the youth aware of the bad effects that result from the spread
of this evil, which threatens the stability of families and societies,
such as the spread of fatal diseases, the prevalence of illegitimate
children, disintegration of the family, children not being cared for
properly and having a bad upbringing, increase in the divorce rate,
spread of crime and so on. These effects are felt by the societies in
which permissiveness in its worst forms is widespread, which could
lead to disintegration of those societies and the downfall of those
civilizations.
3 - Striving to facilitate the shar'i way to have sexual
relationships, which is through halaal marriage, by encouraging
marriage and explaining that sharee'ah encourages it, and that it is
the way of the Messengers, and that the one who gets married has
completed half of religion, and that he will be rewarded for keeping
himself and his wife chaste.
4 - One of society's responsibilities in this matter is to remove the
obstacles that cause delays in getting married. So they should address
the poverty that may be an obstacle to marriage, and provide the
material means to young people who do not possess enough to keep
themselves chaste. In his commentary on the verse (interpretation of
the meaning):"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
Saalihoon (pious, fit and capable ones) of your (male) slaves and
maid-servants (female slaves). If they be poor, Allaah will enrich
them out of His Bounty. And Allaah is All-Sufficient for His
creatures' needs, All-Knowing (about the state of the people)"
[al-Noor 24:32], al-Qurtubi said: Marry those among you who have no
spouse, for that is the way to achieve chastity. End quote (12/239).
In the bookal-Amwaalby Abu 'Ubayd al-Qaasim ibn Salaam (251) it says
that 'Umar ibn 'Abd al-'Azeez wrote to his governor in Iraq saying:
Seek out every unmarried man who has no wealth and if he wants to get
married, then arrange his marriage and give charity to him.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(7/587):
A man must keep his son chaste if he needs to get married, and this is
the apparent meaning of the view of al-Shaafa'i. End quote.
5 - The least that societies and parents can do with regard to this
important issue is to stop going to extremes with regard to dowries,
or showing off and indulging in excess with regard to the expenses of
marriage, or trying to acquire wealth from them.
'Umar ibn al-Khattaab delivered a speech from the minbar and said:
"Do not go to extremes with regard to the dowries of women, for if
that were a sign of honour and dignity in this world or a sign of
piety before Allaah, then Muhammad (peace and blessings of Allaah be
upon him) would have done that before you. But he did not give any of
his wives, and none of his daughters were given, more than twelve
uqiyah."
Narrated by Abu Dawood (2106); classed as saheeh by al-Albaani
inSaheehAbi Dawood.
Wise people do not disagree on the point that parents' going to
extremes with regard to their daughters' dowries is one of the causes
of the spread of corruption and immorality in their societies.
Will Durant said, speaking of the spread of immorality in some western
societies in some era of history in his bookMabaahij al-Falsafah(The
Pleasures of Philosophy) (127-128):
There is no dispute that this is to some extent due to the demands for
high dowries made by fathers as the price for their chastity at a time
when marriage was, frankly, a commodity to be bought. End quote.
6 - One of the most important means by which societies may ward off
the evil of zina is spreading an atmosphere of love between spouses,
and striving towards the happiness of families by means of love,
respect, sincerity, loyalty, rights and duties, for happy families and
loving couples are a means of protecting society from deviation and
falling into immorality in search of illusionary happiness.
7 - Finally, it is essential to strive to establish a conservative and
religiously-committed environment which is connected to Allaah, may He
be glorified and exalted, in which wanton display and unveiling are
unknown, and in which 'awrahs are covered, in which alcohol and music,
which are the promoters of zina, are forbidden, because these things
are the fuel for the fire of immorality, so if the society rids itself
of them, it will be safe from that fire.
You may also benefit from reading the answers to the following
questions on this website: 20161and 3234.
Useful books on this subject includeal-Tadaabeer al-Waaqiyah min
al-Zinaby Fadl Ilaahi.
And Allaah knows best.

Youth, - Choosing a mate

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Discussions with a close friend were once dominated by her excitement and continuous expressions that she wanted to get married. She told me she had a brother in mind that captivated her with his charm, intelligence, and handsome looks. She said that he was interested in her as well. She spoke about many things about him, but none of what she knew was of real substance. To help her think through her quest for marriage, I reminded her about the importance of practicing patience when choosing a mate. However in haste, she drove an emotional whirlwind full of infatuation and excitable hormones straight into the marriage.
They were not so lucky. Within eight months the marriage was over. Incompatibilities in their practice of Islam, their cultures, and their life goals were key factors in doom of the marriage.
What was her explanation for the failure of the marriage? She said the brother was not ready for marriage. She also thought that she would not have been able to know that he was not ready even if they had not rushed. She and I disagreed.
Choosing a mate is the most important decision to make, after taking the shahadah )testimony of faith(. The Quran says what means:}Marry those among you who are single, or the virtuous ones among yourselves, male or female: if they are in poverty, Allaah will give them means out of His grace: for Allaah encompasses all, and he knows all things.{]24: 32[ Allaah places special emphasis on the importance of marriage and its role in our lives.
Marriage is half of our deen )religion(. The Quran states what means:}And among His signs is this, that He created for you mates from among yourselves, that ye may dwell in tranquility with them, and He has put love and mercy between your )hearts(: verily in that are signs for those who reflect.{]30: 2 1[
Because marriage in Islam is so significant, it is important to devote quality time and consideration in choosing the person in which you will spend the rest of your life. Oftentimes, intended couples spend more time planning the wedding ceremony than pre-marital planning. However, more time should be spent getting to know your potential mate. This article will provide basic guidelines that women should follow when choosing a husband.
Develop a foundation
First and foremost, women should begin preparation for marriage with education, prayer, thikr )remembrance of Allaah(, designation of a Wali )guardian( if necessary, and study of religious practices. Education is fundamental in learning about the importance of prayer and other Islamic traditions. For example, women should understand that marriage in Islam starts in the dunya )world( and continues in the Hereafter. Thus we are not only selecting a mate for this life, but also for the next life-Insha Allaah. Artificial factors such as social status and beauty should be regarded as less important compared to piety. The Quran says what means:}But to those who receive guidance, He increases the )light of( guidance, and bestows on them their piety and restraint )from evil(.{]47: 17[ Piety strengthens character and brings us closer to Allaah.
It is natural for women to want security and for men to desire a beautiful wife. Despite society’s emphasis on these and other ideals, Muslims should refrain from placing too much effort and focus on attaining worldly ideals. In other words, ascertaining a potential mate’s sincerity in practicing the deen of Islam supercedes other factors such as wealth, beauty or status.
Seek Allaah's guidance
Women should always seek Allaah’s guidance throughout their search for a spouse. And so, anytime one experiences doubt or concern she should make salah Istikharah—a prayer for guidance. This salah can be used at anytime.
Practice proper etiquette
Courtship in Islam has parameters. As you get to know your potential mate, it is best to do so within the permissible guidelines. Generally speaking, a man and a woman are not to be alone if they are not married. One hadeeth says, “A man should not be alone with a woman, for verily Satan makes a third” )Muslim(. A man should not be secluded with a woman except with a mahram )guardian(” )Muslim(. Also, if an unmarried woman finds a man she is interested in, she must not stare at him or approach him directly. The Quran says what means:}And tell the believing women to lower their gaze and be modest. That is purer for them. Lo! Allaah is aware of what they do.{]24: 30[
All contact between the woman and her potential mate should be supervised by the woman’s wali. A wali is a legal guardian that is a friend or protector that is supposed to look out for her best interest.
When speaking to their potential mate, women should speak in a straightforward manner. Avoid flirtation and any sexually-oriented discussion. Instead, discussion should remain casual and include topics relevant to the pursuit of marriage. Discovering common interests, understanding financial situations, sharing parenting techniques and relating to in-laws are examples of allowed topics for discussion. If and when it becomes evident that the potential marriage couple is not compatible, the discussions should end.
Consider religious compatibility
It is important to find out if you are compatible religiously with regard to day-to-day practices. One can not always assume that being Muslim is a guarantee that you will be compatible or “equally yoked.” Ask yourself—Does his practice of Islam seem freeing or restricting? How does he feel about how you wear your garments? Would you prefer that he wear thobs )traditional garments(? How does he measure piety? How does he spend his time during Ramadhan? What are his views about the cultural practices of Islam around the world? Does he adhere to the performance of salah )5 times daily obligatory salah( with punctuality?
Discuss expectations
At advanced stages of your exploration, talk about each other’s personal expectations. Ask about his views on birth control. Discuss a timeline in which you would like to have children. Once you have children would be prefer that you stay home? ‘Would you rather work? Ho do you feel about home schooling your children? How does he feel about helping with chores around the house? Discuss what your living arrangements will be.
Talk to his family and friends
Learn about your potential spouse by talking to his Family and friends. By doing this you will gain an under standing about his character. Talk to people who know him outside of his family. Ask questions about his manner and how he treats people. Find out about his temperament on various issues. What kinds of activities does he involve himself with in the community? What are his immediate and long- term plans? Find out his level of tolerance and accommodation for people different from him. How does he relate to his parents and members of the opposite sex? If lie has children, ho does he relate to them? Research his character and personality by talking to people that know him.
A man of good character is highly regarded in Islam. Imam Tirmithi narrated the following hadeeth, “If one whose character and religion please you comes to you )with a proposal(, you should marry him )to your single women(. If you do not do so, there will be tribulations in the land and great corruption.” Also get to know about his parents. Determine their level of likeness for you. Believe it or not, this is a very important factor. Find out what his obligations to his parents will be once you get married.
Listen closely to what he has to say
Find out why is interested in marrying you. Determine whether or not he in solely interested in you or if his intentions are superficial. For example, does he ant to get married because all of his friends are getting married? Determine if he is genuine, and seriously wants to marry because he is in love.
Ask personal questions
As the discussions continue, ask more personal questions. Ask him what his views are on possessions, lifestyle and money. Inquire about past legal issues. Has he ever had a run in with the law? Does he have propensities to certain illnesses? Also, in his day and age, your potential mate should be willing to have an AIDS examination prior to marriage. If he has been married before, ask him how he dealt with conflict and disagreements. Make certain that he is not learning just enough about you in that he begins to tell you what he thinks you want to hear. Ask him about his past career and future career plans. Ask him questions that will reveal his values and perspectives on life and global issues. What are his thoughts about women’s rights? How important is health and diet to him? What is his opinion about polygamy? Ask probing questions to help determine the possible success or failure of a marriage. The more you can think to ask, the better.
Observe him
Attend community and social activities that he will also attend. Vary the situations and observe him to see how he interacts with people in different settings at different times.
Ponder the long-term
Does this man have flaws and weaknesses that can be tolerated for a lifetime? Is he worth pleasing for Allah’s sake even when he does not live up to expectations? Will he be a good father? Are there any issues that he feels require abandoning a spouse? Seriously consider the number of times he has been married if he has been married before.
Know your needs
Ponder whether or not he is the person that can meet your needs. Do not rationalize and accept characteristics you know do not suit you because you think you can change them later. Ask yourself, “Is he responsible and does he know how to prioritize? Does he respect me for who I am or does it seem like he wants to change me? Does he want me to grow in mentally and spiritually as I continue in the path of Islam?
Be patient
Marriage is serious. Do not rush into it. Operating in haste usually leads to disaster. Time is needed to get to know the person. Allah teaches that those with patience will enter paradise. The Qur’an says, “Those who show patience, firmness and self-control; who are true )in word and deed(; who worship devoutly; who spend )in the way of Allah; and who pray for forgiveness in the early hours of the morning.” ]3:17[
Think for yourself
Try not to assume that the way he dresses or the way he speaks are indications of his personality or how he will treat you. The “pious” look does not always mean the person is pious. A man who references Qur’an in every conversation he has with you is not necessarily pious either. Try to erase any traits that may be artificial and forms of deception to win your hand in marriage.
Go with your heart
Use Allah’s signs and guidance to assist you along the way. Your heart has the potential to guide in many cases where your mind may fail. Sometimes we use our minds to rationalize things that we may not want to see or acknowledge.
My personal experience in choosing a husband was unique because I was extremely particular. I was more particular than my wali. When making salah )the five daily prayers(, I would ask Allah to grant me a husband that met my list of 44 marital expectations. I considered the list a prescription for a healthy marriage. Although my intended thought my list was somewhat over the top, he agreed to all 44 conditions. We have been married for three years and counting. In fact, we got married three times—first Islamically, second civilly, and third with family and friends present at the walimah )marriage feast(. Al-Hamdulillah!
There are not any guarantees that a marriage will be successful. Of course there are things that can help reduce problems, but I truly believe to be true what one friend once told, “A marriage is like a daily battle, every day both spouses must fight for it.” I think this is one main reason why marriage is an interesting part of life, and that is why it becomes so dear and valuable to us when we succeed in keeping it alive.







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Najimudeen M

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